HomeMy WebLinkAboutC-261 Lowe's (Voluntary)DULY ENTERED FOR TA &TI J
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0040 )o0c815
Filed fo~l Reem'd in
HAMILTON!COUNTY. INDIANA
JENNIFER J HAYDEN
01-13-2004 At 11:37 am.
ANNEXAT ION 21. O0
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
ORDINANCE NO. C-261
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 "Armexarion Territory"); and
WHEREAS, the Annexation Territory is contiguous ro the existing city limits of the City
of Carmel; and
WHEREAS, a map describing the boundaries of the Annexation Territory 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/toW consists of approximately 1.328 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
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 issuance of notice of public heating, 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 by resolution will include
the provision of services of a noncapital nature to the 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
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
WHEREAS, the written fiscal 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 tiffs annexation in the same manner those services are provided to areas
within the 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 of
Carmel, Indiana, as follows:
The above recitals are incorporated herein bY reference as though fully set forth herein
below.
In accordance with I.C. 36-4-3-5.1, the Annexation Territory is hereby annexed to the
City of Carmel and thereby included within its corporate boundaries pursuant to the terms
of this Ordinance.
3. The Annexation Territory is assigned to Carmel Common Council District No. 2.
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.
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.
2
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
~ PASSED by the Common Council of the City of Carmel, Indiana, thi~,~ day of
j~.~t~r~_F,2003, byavote%f ~ ayesand 0 nayes.
~r, President ~'~o T~pore John R. Koven...-~
~nald E. C~er ~e ~ilson
ATTEST' q '.
Diana L. Core'y, I~Q, Cle[~-Treas~er
::} ~,[esented by me to. the Mayor of ~e City of C~el, ~di~a ~is ((~ ~ay of
2oo , .t ..g
Di~a L. Cordray, I~C[Clerk-Tbas~er
App[o~d by me, Mayor of~e City ofC~el, hdi~a, ~s~ day of ~ ~2003,
rain~d, Mayor
A~A}ES T: .~ ,
Diana L. Cordray, IAM~ Clerk-Treasurer
Prepared by: Sue A. Beesley
Bingham McHale LLP
10 W. Market Street
Suite 2600
Indianapolis, 1N 46204
816934
3
EXHIBIT "B'
LEGAL DESCRIPTION
ANNEXATION ORDINANCE C-261
Part of the North Half of the Northwest Quarter of Section 19, Township 18 North, Range 4 East in Clay Township,
Hamilton Connty, Indiana, being more particularly described as follows:
Parcel A
Commencing at the Northeast comer of the said Northwest Quarter Section; thence South 89 degrees 05 minutes 16
seconds West (bearings based on NAD83 State Plane Coordinates - East Zone) along the North line of the said
Northwest Quarter 783.77 feet; thence South 00 degrees 54 minutes 44 seconds East 75.46 feet to the South right of
way line of 146t~ Street; thence South 89 degrees 05 minutes 16 seconds West along the said South right of way line
1487.00 feet to the Easterly permanent right of way line for State Highway Number 431 per plans for Project S-165
(14) and further described in Condemnation proceedings in the Hamilton County Circuit/Superior Court Cause No.
61-626 (the next three courses are along said right of way);
1) Thence South 71 degrees 30 minutes 51 seconds West 24.82 feet; (coincident with the corporate limits of the City
of Carmel via Annexation Ordinance C- 171);
2) Thence South 07 degrees 16 minutes 09 seconds East 71.80 feet (coincident with the corporate limits of the City
of Carmel via Annexation Ordinance C-171) to the POINT OF BEGINNING, which lies on a non-tangent curve
having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22 minutes 03 seconds East;
3) Thence Southeasterly along said curve an arc distance of 914.16 feet (coincident with the corporate limits of the
City of Carmel via Annexation Ordinance C-171) to a point, which bears South 69 degrees 03 minutes 19 seconds
West 5624.60 feet from said radius point;
Thence South 69 degrees 03 minutes 19 seconds West 47.00 feet to the Easterly line for Limited Access right of way
per said plans and cause number and the point of curvature of a non-tangent curve having a radius of 5671.60 feet,
the radius point of which bears North 69 degrees 03 minutes 19 seconds East;
Thence Northwesterly along said Easterly Limited Access fight of way line and curve an arc distance of 921.80 feet
(coincident with the corporate limits of the City of Carmel via Annexation Ordinance C-50) to a point ~vhich bears
South 78 degrees 22 minutes 03 seconds West 5671.60 feet from said radius point;
Thence North 78 degrees 22 minutes 03 seconds East 47.00 feet to the POINT OF BEGINNING, conta/ning 0.990
acres, mom or less, subject to all easements and right of way of record.
ALSO:
Parcel B
Commencing at the Northeast comer of the said Northwest Quarter Section; thence South 89 degrees 05 minutes 16
seconds West (bearings based on NAD83 State Plane Coordinates - East Zone) along the North line of the said
Northwest Quarter 783.77 feet; thence South 00 degrees 54 minutes 44 seconds East 75.46 feet to the South right of
way line of 146th Street; thence South 89 degrees 05 minutes 16 seconds West along the said South right of way line
1487.00 feet to the Easterly perm_anent right of way line for State Highway Number 431 per plans for Project S-165
(14) and further described in Condemnation proceedings in the Hamilton County Ckcuit/Superior Court Cause No.
61-626 (the next three courses are along said right of way); 1) Thence South 71 degrees 30 minutes 51 seconds West
24.82 feet; 2) Thence South 07 degrees 16 minutes 09 seconds East 71.80 feet to a point which lies on a non-tangent
curve having a radius of 5624.60 feet, the radius point of which bears North 78 degrees 22 minutes 03 seconds East;
3) Thence Southeasterly along said curve an arc distance of 914.16 feet to the POINT OF BEGINNING ~vhich
bears South 69 degrees 03 minutes 19 seconds West 5624.60 feet from said radius point;
5
Thence continuing Southeasterly along said curve an arc distance of 277.57 feet (coincident with the corporate limits
of the City of Carmel via Annexation Ordinance C-171) to a point which lies North 46 degrees 28 minutes 09
degrees West 42.36 feet from the South line of the North half of the Northwest Quarter of said Section 19;
Thence South 46 degrees 28 minutes 09 degrees East 42.36 feet (coincident with the corporate limits of the City of
Carmel via Annexation Ordinance C-171) to a point on the said South line;
Thence South 89 degrees 03 minutes 16 Seconds West on and along said South line 69.16 feet (coincident with the
corporate limits of the City of Carmel via Annexation Ordinance C-218) to the Easterly line for Limited Access
right of way of State Highway 431 and the point of curvature of a non-tangent curve having a radius of 5671.60 feet;
Thence Northwesterly along said Easterly Limited Access right of way line and curve an arc distance of 300.00_+
feet (coincident with the corporate linfits of the City of Carmel via Annexation Ordinance C-50) to a point having a
radius of 5671.60 feet, the radius point of which bears North 69 degrees 03 minutes 19 seconds East;
Thence North 69 degrees 03 minutes 19 seconds East 47.00 feet to the POINT OF BEGINNING, containing 0.338
acres, more or less, subject to all easements and right of way of record.
The total cumulative acreage of these descriptions is 1.328 acres more or less.
816934
6
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Pursuant to the provision~ and penalti~ of Chapter 155, Acts of 1953,
I hereby cer tif~ that the foregokng account is just and correct, that the amount clakned is legally due, a~er
allowing all just credits, and that no part of the same has been paid.
$. 79.63
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DATE: 10/14/2003
Clerk
Title
900549-2949677
PUBLISHER'S AFFIDAVIT
State of Indiana SS:
Hamilton County
Personally appeared before me, a notary public ~n and for said county and state,
the undersigned Karen Mullins who, being duly morn, says that SHE is clerk
of the Noblesville Ledger a newspal~r of general circulation
printed and published in the English language in the city of NOBLESVILLE ia state
and county aforesaid, and that the printed matter attached hereto is a mae copy,
wh/ch was duly published in said paper for 1 time(s), between the dates of:
10t14/2003 and 10/14/2003~/.~.~..~
Clerk
Title
Subscribed and sworn to before me on 10/14/2003
Notary Public
My commission expires: [ Susan Ketchem ~
Notary Public, State of Indiana