The URL can be used to link to this page

Home My WebLink AboutC-193 Prairie Trace Elementary DuLy ~NTERF, D FOR TAXAdON Sub, j~_ to final acc.~tance for t~ g ~ Auditor ANNEXATION ORDINANCE NO. C-193 9809871055 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 12-09-1998 At 04:12 PM. ANNEXATION 15.00 WHEREAS, the Common Council of the City of Carmel, Indiana ("Common Council") is desirous of annexing to the City of Carmel, Indiana, the real estate described on the "Annexation Exhibit" hereto ("Real Estate"); and WHEREAS, the Real Estate is contiguous by at least one-eighth (1/8) of its aggregate external boundaries to the present boundary of the City of Carmel, Indiana; and WHEREAS, the City of Carmel, Indiana, has heretofore defined the corporate boundaries of the City of Carmel and is now desirous of annexing the Real Estate; NOW, THEREFORE, BE IT ORDAINED by the Common Council that the Real Estate be, and hereby is, annexed to and shall hereafter be a part of the City of Carmel, Indiana. BE IT FURTHER ORDAINED by the Common Council that the Real Estate is assigned to Council District 4. BE IT FURTHER ORDAINED by the Common Council that this Annexation Ordinance No. C-193 shall be in full force and effect sixty (60) days after its final publication pursuam to I.C. 5-3-1. PASSED by the Common Council of the City of Carmel, Indiana this ~) c~,-,_,-,.._, 1998, by a vote of f. ayes and ~ nays. day of siding O~cJ / .James ~rainard COMMON CO_UNCIL FOR THE CITY OF CARMEL Robert Battreall, President N. L. Rundle James Guy Miller ~Sny~e~f B~0 Walker ATTEST: Diana P,r,~sen~ted by me to the Mayor of the City of Carmel, Indiana, the (.~". ,1998. ,, Diana day of (~d~oved by .... ,1998. me, Mayor of the City of Carmel, Indiana', this ,~ day of Ja~s ~r~(nard( Mayor ATTEST: Diana L. Cordra~r This instrument was prepared by John K. Smeltzer, Attorney-At-Law, Johnson Smith LLP, One Indiana Square, Suite 1800, Indianapolis, Indiana 46204, (317) 634-9777. MISCUKS\189378.1 -2 = L^~ .0 (per Record Survey 96-09622880) TRACT "A" A pan of the Southwest Quarter of'Section 23, Township 18 North, Range 4 East in Hamilton County, Indiana. being more particularly described as follows: Commencing at the northwest comer of the Southwest Quarter of said Section 23; thence South 00 degrees 26 minutes 09 seconds East on the west line of said quarter section [,I 12.50 feet to the POI1NT OF BEGIHiNIING; thence Horth 89 degrees 23 minutes 16 seconds East, parallel with the north line of the Southwest Quaner of the Southwest Quarter o£ the aforesaid Section ~ a distance of 2, ! 14.73 feet: thence South 46 degrees 12 minutes 39 seconds West 613.46 to the point of curvature of a curve concave southeasterly, the radius point of said curve b..e;ing South 43 degrees 47 minutes 2 ! seconds East 1,285.49 feet from said point: thence southwesterly along said curve 100.05 feet to a point, the radius point or'said curve being South 48 degrees [4 minutes 54 seconds East !.285.49 feet from said point; thence North 01 degree 39 minutes 23 seconds West 284.80 t'eet to a point on the aforesaid nor'th line; thence South 39 degrees 28 minutes 16 seconds West on said north line t,$92.59 feet to a point on the aforesaid west line: thence I'4or~h 00 degrees 26 minutes 09 seconds West on said west tine 207.00 feet to the PLACE OF BEGIHHIHC, containing [0.500 acres more or less. Subject to all legal highways, rights-or-way, easements and restrictions of record. A part of the Southwest Quarter of Section 23, Township ! 8 North, Range 4 East of the Second Principal Meridian in Hamilton Counry, Indiana, mor~ particularly described as follows: Commencing at the northwest come. r of the Southwest Quarter of Section 23, Township 18 North, l~nge 4 East of the Second Principal Meridian in I-Iamilton County, Lndinna, thence South 00 degrees 26 minutes 09 seconds East (Assumed Bearing) 1,112.50 feet to the northwest comer of that real estate titled to Carmel Clay Schools as described in [nsa'ument No, 96-09651829 and recorded in the Office of' the Hamilton County Recorder; thence North 89 degrees 2g minutes 16 seconds East 2,114.73 feet on the north line of. .said real estate to the POIHT OF BKGINH1ZqG of.the herein described tract; thence South 46 degrees 12 minutes 39 seconds West 613.46 treat on the easterly line of said real estate to the point of curvature of a curve concave southeasterly, the radius point of said curve being South 43 degrees 47 minutes 21 seconds East !,285.49 feet from said point; thence southwesterly along said curve 100.05 t'eet to a point being North 48 degrees 14 minutes 54 seconds West 1,285.49 f'eet from said radius point; thence South 01 degree 39 minutes 23 seconds East [03.69 feet to a point on the southeasterly right.of-way line for River Road as shown on that sur~ey e,~'tibit prepared by We[he Engineers, Inc. as .lob #98-0715; thence North 43 degrees 00 minutes 38 seconds East 75.36 feet on said right-of.way line to the point of curvature of. a non-tangent curve concave southeasterly having a radius of 2,465.59 feet and from which the radius point bears South 46 degrees 31 minutes 10 seconds East: thence northeasterly along said curve and right-of-way line 94.32 ['eet to a point which bears North 44 degrees 19 minutes 39 seconds West from said radius point: thence North 46 degrees [4 minutes 14 seconds East 692.34 Feet on said fight-of-way line to a point being on an easterly extension of. the north line of. the aforesaid Carmel Clay Schools real estate; thence' South 89 degrees 28 minutes 16 seconds West 108.29 feet to the PO[INT OF BEGII~I'q"[t'q'G, said tract contains !.337 acres more or less. Subject to all record and non-record rights-of'-way, easements, covenants and resections. PETITION FOR ANNEX,,kTION Carmel Cia5, Schools, an Indiana public school corporation (hereinafter Lhe "Petitioner"), states as follows: 1. That the Petitioner is the owner of the real estate described in Exhibit A attached hereto and made a part hereof. 2. That the Common Council of the City of Cannel, Indiana, by ordinance, has defined the corporate boundaries of the City of Carmel, lndiana. 3. That more than one-eighth (1/8) of the aggregate cxtemal boundaries o£ the real estate to be annexed coincides with the corporate boundaries of the City of Carmel, Indiana. WHEREFORE, the Petitioner requests that the Co~mnon Council of thc City of Carmel adopt an ordinance annexing tlqe real estate to the City of Carmel, Indiana. CARMEL CLAY SCHOOLS, an Indiana public school corporation R. Steph~/Tegardc ,~h.D., Superintendent STATE OF INDIANA COUNTY OF HAMILTON SS: Before me, a Notary Public h~ and for said Count-:, and State, personally appeared R. Stephen Tegarden, Ph.D., the Superintendent of Carmel Clay Schools, and acknowledged thc execution of the foregoing as o£his own free voluntary act and deed. Witncss my hand and Notarial Sealthis ,~? dayof ~-~r//V , 1998. l~otary Public- Signature Notary Public - Printed My Commission Expires: My County of Residence: WEIHE ENGINEERS. INC. __ JOHNSON' ~MITH PffNTE D~N ATTORNEYS AT LA\V John K. Smeltzer {3 [7) 686-4238 E-Mail: JSmelmer~isp[aw.com June 25, 1998 Diana L. Cordray, Clerk Treasurer CITY OF CARMEL One CiVic Square Cannel, indiana 46032 Re Carmel Clay Schools Annexation Dear Ms. Cordray: This firm represents the Carmel Clay Schools in regard to thfi annexatmn of property commonly known as Prairie Trace Elementary School. - Pursuant to the City of Carmel's annexation procedure, I have enclosed a surveyed drawing of the subject propertyprepased by Weihe Eng/n~ers, Inc., along with the legal descriptions. ' On or about May 2, 1994, the Carmel City Council approved the annexation of a portion of an adjoining parcel in'Annexation Ordinance C-172. Subsequently, the City of Carmel requested that the annexation boundary on the east be extended to the east fight-of-way line of River Road~ thereby including all of the right-of-way of River Road adjacent to this parce! in the proposed annexed property. This portion of River Road is currently under thejurisdictionofHamilton County. It is the City of Carmel's desire to have jurisdiction over county roads within or adjacent to annexations', particularly in this case where there is a school zone involved. If you have any questions or comments concerning this proposed annexation, please contact me at the address listed below. Best regards, John K. Smeltzer JKS/cas Enclosures cc: M~s. Nancy Benner Suite 1800 One Indiana Square Indianapolis, Indiana 46204 Telephone: (317) 634-9777 Facsimile: (317) 636-9061 City of Carmel DEPARTMENT OF ENGINEERING April4, 1997 Mr. David 1L Day Johnson, Smith, Pence, Densborn, Attorneys at Law One Indiana Square, Suite 1800 Indianapolis, IN 46204 Wright & Heath RE: Carmel-Clay Schools Annexation Dear Dhvid: We have reviewed the annexation data sent with your letter of April 1, 1997. I offer the folloWing comments regarding the proposed annexation: You are correct in your belief the.Centex property has been annexed. The Centex seh0ol parcel was included in Annexation Ordinance C-172 Which was approved by the Carme! City Council on May 2, 1994 and recorded on July 14, 1994. if you have need for a copy of this annexation, I will · be happy to provide same. The Conner Prairie parcel has not been anneXed and is currently :outside the City of Carmel Corporate Limits. I ~am enclosing with this letter a copy of the AnneXation Process for the City of Carmel. You may already have this procedure. If so, discard · ~the copy enclosed. We have reviewed the legal description for the Conner Prairie school property to be annexed. The description for the actual property deeded is acceptable. However, the City of Carmel requests the annexation boundary on the east be extended to the east fight-of-way line of the existing River Road, thereby including all of the fight-of-way of River Road adjacent to this parcel in the proposed annexed property. This portion of River Road is currently under the Jurisdiction of Hamilton County. It is the city's desire to have jurisdiction over county roads within or adjacent to proposed annexations, particularly in this case where there is a school zone involved. Please reference the enclosed drawing. In addition, the legal description should state the acreage involved in the annexation. A drawing of the of the legal description should accompany the submitted annexation. The contiguous boundaries between Ordinance C-172 and the proposed anneXation match as do the distances. It is apparent the property meets, and will meet, the 1/8 contiguity requirement. Once the legal description is revised to include the River Road right-of- way, please resubmit and the process will begin. ONE. CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2441 Mr. David R. Day April 4, 1997 Page 2 If you have questions, please give me a call at 57.1-2432. Sincerely,. City Engineer MKB/rbh Enclosures cc: Roger McMichael, Carmel-Clay Schools (w.o. enclosure) Deb Cn-isham; Carmel City Attorney (w.o. enclosure) Steve Engleking~ Director-Department of Community Services (w.o. enclosure)