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Home My WebLink AboutC-259 116th St/Penn/ See 2004DULY ENTER[D FOR TAXAT!ON Subject to final acceptance for transfer ...dayof .., 2oo__ ,~.o.~ ~/'L..'~?'z'-.~ A~d~o~ ~ Hamfl~n Cou ~ Parcel ~ '- 200300123337 Filed for Record in HAMILTON COUNTY~ INDIANA JENNIF~P~ ~ H~y~.~. ..... . 12-09-200o 'At ~ ~ ANNEXATION ~.v SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON ORDINANCE NO. C-259 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA~ ANNEXING CERTAIN TERRITORY TO THE CITY OF CARMEL, INDIANA, PLACING THE SAME WITHIN THE CORPORATION BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL WHEREAS, well defined long term planning benefits the City of Carmel ("City") and the community at large; and WHEREAS, in recognizing the need and benefit of long term planning, the Common Council of the City of Carmel, Indiana ("Council") is desirous of annexing a certain portion of Clay Township into the City of Carmel (the "Annexation Territory"); and WHEREAS, the Annexation Ten/tory is contiguous to the existing city limits of the City of Carmel; and WHEREAS, a map describing the boundaries of the Annexation Ten/tory is attached hereto and incorporated herein as Exhibit A; and WHEREAS, a legal description of the Annexation Territory is attached hereto and incorporated herein as Exhibit B; and ,~ WHEREAS, the Annexation Ten/tory consists of approximately 229 acres; and WHEREAS, the Annexation Ten/tory is needed and can be used by the City for its development in the reasonably near further; and SPONSORED B~t: COUNCILORS KOVEN, SNYDER AND V~ILSON WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of'certain services to annexed areas; and WHEREAS, prior to the publication and issuauce of notice of public hearing, this Council, by resolution, will adopt a written fiscal plan and definite policy for the provision of services of both a non-capital and capital nature to the Annexation Territory; and WHEREAS, the written fiscal plan and definite policy adopted b~ resolution will include the provision of services of a noncapital nature to ti~e Annexation Territory within one year after the effective date of this annexation in a manner equivalent in standard and scope to those noncapital services provided to areas within the current corporate boundaries, regardless of similar topography, patterns of land use, and population density; and WHEREAS, the written fiscai plan and definite policy adopted by resolution will include the provision of services of a capital nature to the Annexation Territory within three years after the effective date of this annexation in the same manner those services are provided to areas within th~ current corporate boundaries, regardless of similar topography, patterns of land use, and population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria and consisted with the annexation policy previously adopted by this Council; and WHEREAS, prior to the final adoption of this Ordinance, the Council will have conducted a public hearing pursuant to proper notice issued as required by law; and WHEREAS, the Council finds that the annexation of the Annexation Territory pursuant to the terms of this Ordinance is fair and equitable and should be accomplished. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City Carmel, Indiana, as follows: The above recitals are incorporated herein by reference as though fully set forth herein below. In accordance with I.C. 36-4-3-4, the Annexation Territory is hereby annexed to the City of Carmel and thereby included within its corporate boundaries pt~rsuant to the terms this Ordinance. 3. The Annexation Territqry is assigned to Carmel Common Council District No. 1. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed. The paragraphs, sentences and words of this Ordinance are separable, and if any portion hereof is declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance. 5. This Ordinance shall~be in full force and effect from and after the date of its passage and signing by the Mayor and such publication and recordation as is required by law. ,,~PASSED by the Common Council of the City of Cannel, Indiana, this,.~'~day of t.~', 2003, by a vote of ~ ayes and ~ nayes. ' COMMON COUNCIL OF THE CITY OF CARMEL ~L'~uff' ny~'e~r, ~~ore- Robert Battreall Ronald E. ./-k ~' ATTES jevin~ Sandra M. Johnso~ Clerk for ~rk-Treasurer SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON ]?resented by me to the Mayor of the City of Carmel, Indiana thisbe'LO'day of .'/~,~.//7../'V/5/~L, 2003, at 7~.M. ~ /) S~ M. $ohn~n, ~ ~. -~/~//~ ~c~fo~ / Diana L. Cordr ', IAMC, Clerk-Treasurer / : ~, ~ ~/ /.~, Approved by me, Mayor of the City of Carmel, Indiana, this~.~ day v i~ard, Mayor ATTEST;h... ?' -..' Sahara M. Clerk j~g~,~,kTTreasurer Prepared by: Sue A. Beesley Bingham McIlale LLP 10 W. 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""&. ~j~~'y~\,,,,, *~ '< 0 " . ~ <@i,.//! ~~.';j~ :::; <l: ltl '" 6:i ~ a ~ '" a a f::l ltl f::l ..;- a <: OJ -a x Q) <: <: I1l Cl ltl c;:j X Q) <: <: :5 d EXHmIT "B" LEGAL DESCRIPTION ANNEXATION ORDINANCE C-259 1161h and Pennsylvania A PART OF THE NORTHEAST QUARTER (1/4)AND THE SOUTHEAST QUARTER (1/4) OF SECTION TWO (2) AND A PART OF THE NORTHWEST QUARTER (1/4) OF SECTION ONE (I), ALL IN TOWNSHIP SEVENTEEN (17) NORTH, RANGE THREE (3) EAST, HAMILTON COUNTY, INDIANA, more fulIy described as folIows: BEGlNNlNG at the intersection of the southerly right-of-way of 116'" Street and the centerline ofpennsylvania Street, said point also being the intersection of the Corporation Boundaries of the City of Carmel as described in Ordinance No. C-84 and Ordinance No. C-1l7; Then proceeding easterly, along the southerly right-of-way of 116'" Street and coincident with the southern boundary line of said Ordinance No. C-117 and with Ordinance No. C-213, to the west line of the Guilford Park subdivision (formerly parcel number 17-13-01-00-00-003.000 as described in Ordinance No. C-213); Then coincident with the Corporation Boundary lines of the City of Carmel as described in said Ordinance No. C- 213 for the folIo wing five (5) courses: I) proceeding southward, along the western boundary line of the Guilford Park subdivision (formerly parcel number 17-13-01-00-00-003.000), to the southwest comer of said parcel; 2) proceeding westward, along the northern boundary of parcel number 17-13-01-00-00- 022.000 as shown on Hamilton County map number 13-01-00, to the northwest comer of said parcel; 3) proceeding directly westward to a point on the western right-of-way line of Co lIege Avenue; 4) proceeding southward, along the western right-of-way line of Co lIege Avenue, to a point on the northern right-of-way line of III '" Street, directly across from the southeast corner of parcell? -13-01-00-00- 022.000; 5) proceeding southward to a point on the southern right-of-way line of Ill'" Street; Then proceeding westerly, along the southern right-of-way of III'" Street, to the intersection of the west line of ColIege Heights Fourth Section as recorded in Office of the Hamilton County Recorder; Then'proceeding southward, along the West Line of said ColIege Heights Fourth Section, to the southwest comer of said College Heights Fourth Section; Then proceeding westward, along the North Lines of Cornerstone Place Subdivision, Meridian Meadows Subdivision as recorded in Deed Record 139, page 191, and Meridian Highlands Subdivision as recorded in Plat Book 2, page 184 and along the South Line of the Northwest Quarter of the Southeast Quarter of Section 2, to the intersection of said South Line of said Quarter-Quarter with the East right-of-way line of Pennsylvania Street, said point also being the east line of the Corporation Boundary of the City of Carmel as described in Ordinance No. C- 178; Then coincident with the east line of said Corporation Boundary of the City of Carmel as described in Ordinance No, C-178 for the folIowing three (3) courses: 1) northerly, along the east right-of-way line of Pennsylvania Avenue, to a point on the South right-of-way line of Ill'" Street; 2) continuing northerly to a point on the North Right-of-Way line of III'" Street; 3) continuing northerly about 1250 feet to a point on the present Corporate Boundary line of the City of Carmel as described in aforesaid Ordinance No. C-84; 7 Then proceeding easterly, coincident with the south line of said Corporation Boundary, to the southeast comer of said Corporation Boundary; Then proceeding northerly, coincident with the East Line of said Corporation Boundary, to the PLACE OF BEGINNING, containing 229 acres, more or less, subject to all legal easements and right of way of record. . 8