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HomeMy WebLinkAboutC-258 Amended 96th/WestfieldDUI TER[D FOR TAXATION c. Subject to final acceptance for transfer 0.3 day of , 20° 3 ,~oJ~ ~ Auditor of Hamilton c°Ur~ Parcel # ORDINANCE NO. C-258 AS AMENDED SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON 200300186610 Filed for Reoord in HAMILTON COUNTY. INDIANA JENNIFER J HAYDEN 12-23-2003 At 11:20 am. ANNEXATION 23.00 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 Cannel (the "Annexation Territory"); and WHEREAS, the Annexation Territory is contiguous to 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 Territory consists of approximately 625 acres; and WHEREAS, the Annexation Territory 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 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 by resolution will include the provision of services of a noncapital nature to the Aunexation Territory within one year after the effective date of this armexation 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 this 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: 1. The above recitals are incorporated herein by reference as though fully set forth herein below. 2. In accordance with I.C. 36-4-34, 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. 5. 4. 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 Annexation shall become effective as of December 9, 2005. 6. 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. ~"'x PASSED by the Common Council of the City of Carmel, Indiana, this "-/-"day of ~, 2003, by a vote of ~P ayes and ~ hayes. / 2 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL t~l~ S~er, Presider[t Pro q~mpore ~nald E. Carter ~EST: ' Diana~ L. Cordray, IA~, Cle -Treasurer // ~ ~ Pre~sented by rn the of Indiana this ~ day of £/, ~,1 ~?M~.ayor of City Carmel, d~z-E4/~2003, at Diana L. Cordray, IAMC, {21erJc-Treasurer ,,Approved by me, Mayor of the City of Camael, Indiana, this ~2_~ t~(ay of ~L~3, at '~L~f0(~.M. ~ /~--~'-~ J Jo4(nes Brainard, Mayor ATTEST: Bingham McHale LLP 10 W. Market Street Suite 2600 Indianapolis, 1N 46204 3 EXHIBIT "B" LEGAL DESCRIPTION ANNEXATION ORDINANCE C-258 96t~ and Westfield A PART OF SECTION ONE (1), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THREE (3) EAST AND A PART OF SECTION SIX (6) AND SECTION SEVEN (7), TOWNSHIP SEVENTEEN (17) NORTH, RANGE FOUR (4) EAST IN HAMILTON COUNTY, INDIANA, more fully described as follows: BEGINNING at the intersection of the East Right-of-Way Line of Westfield Boulevard with the southern boundary t~ of Hamilton County (which is generally located at 96 Street), said point being coincident with the Southeast Comer of the Coiporation Boundaries of the City of Carmel as described in Ordinance No. C-215; Then proceeding along the boundaries of said Ordinance No C-215 for the following two (2) courses: 1) proceed Northward along the east right-of-way line of Westfield Boulevard (a.k.a. Rangeline Road) to the point of intersection with the north right-of-way line of 99th Street; 2) proceeding generally westward, across Westfield Boulevard to the point of intersection of the west right- of-way line of Westfield Boulevard and the northern boundary of parcel number 17-13-12-00-00-003, as shown on Hamilton County map number 13-12-00; Then proceed northward along the west right-of-way line of Westfield Boulevard to a point directly west of the southwest comer of parcel number 17-14-06-00-00-021.000, said point being the southwest comer of the Corporation Boundary of the City of Carmel as described in Ordinance No. C-242 and more fully described in Zoning Ordinance No. Z-397-02 rezoning the Woodland Country Club and approved by Carmel City Council on October 21, 2002; Then coincident with the southerly and easterly lines of said Ordinance No. C-242 for following thirty-six (36) courses (the following bearings are assumed from aforesaid Zoning Ordinance No. Z-397-02): 1) proceecYmg eastward to the southwest comer of said parcel number 17-14-06-00-00-021.000; 2) proceeding North 89 degrees 56 minutes 15 seconds East a distance of I90.50 feet; 3) proceed South 00 degrees 28 minutes 42 seconds East, parallel with the West Line of the West Half of Section Six, a distance of 312.52 feet to the North line and the extension thereof of Woodland Golf Club Subdivision, Fourth Section, a subdivision in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2, Page 62 in the Office of the Recorder of said county; 4) proceed North 89 degrees 56 minutes 15 seconds East, on said North line, a distance of 1492.50 feet; 5) proceed North 89 degrees 56 minutes 15 seconds East, on said North Line of said Subdivision and on the North Line of Woodland Golf Club Subdivision, Sixth Section, as recorded in Plat Book 2, page 162 of the aforesaid Recorder's Office, a distance of 968.47 feet to the Northeast Comer of said Woodland Golf Club Subdivision, Sixth Section, said point being on the West Line of Jordan Woods, Fifth Section, as recorded in Plat Book 2, pages 262-263 in the aforesaid Recorder's Office; 6) proceed North 00 degrees 34 minutes 56 seconds West, along the West Line of said Jordan Woods, Fifth Section, a distance of 632.00 feet to the Northwest Comer of said Jordan Woods, Fifth Section; 7) proceed North 89 degrees 01 minutes 00 seconds East, along the North Line of said Jordan Woods, Fifth Section, a distance of 30.80 feet to the Southwest Comer of Lot #60 in Woodland Golf Club Subdivision, rd 3 Section, as recorded in Plat Book 2, page 22 in the aforesaid Recorder's Office; 8) proceed North 01 degrees 35 minutes 07 seconds West, along the West Line of said Woodland Golf Club Subdivision, 3 Section, to the intersection of said West Line of said 3rd Section with the northerly boundary line of parcel number 17-14-06-00-00-020.000; 9) proceed westward along said northerly boundary of said parcel number 17-14-06-00-00-020.000 to the 5 Southeast Comer of Lot #51 in Woodland Golf Club 2nd Subdivision, as recorded in Deed Record 137, page 274 of the aforesaid Recorder's Office; 10) proceed North 84 degrees 17 minutes 53 seconds West, along the South Line of said Lot #5 I, a distance of 40.00 feet to an angle point in the South Line of said Lot #51; 11 ) proceed North 56 degrees 53 minutes 05 seconds East, continuing along the south line of said Lot #51, a distance of 154.88 feet to the Southeast Comer of Lot #50; 12) proceed North 82 degrees 43 minutes 05 seconds West, along the South Line of said Lot #50, a distance of 65.00 feet to an angle point in said South Line; 13) proceed South 68 degrees 20 minutes 45 seconds West, continuing along said South L/ne of Lot #50, a distance of 106.90 feet to the Southwest Comer of said Lot #50; 14) proceed North 04 degrees 34 minutes 02 seconds East, along the West Lines of Lot #50 and Lot #49, a distance of 356.50 feet to the Northwest Comer of said Lot #49; 15) proceed North 89 degrees 02 minutes 54 seconds West a distance of 125.00 feet; 16) proceed North 22 degrees 41 minutes 09 seconds West a distance of 40.00 feet to the Southeast Comer of Lot #35; 17) proceed South 32 degrees 09 minutes 23 seconds West, along the South Line of Lot #35, a distance of 106.16 feet to an angle point in the South Line of said Lot #35; 18) proceed westwardly, continuing along the South Line of Lot #35, to the Southwest Corner of Lot #35; i9) proceed North 03 degrees 21 minutes 23 seconds East, along the West Line of said Lot #35, a distance of i40.41 feet to the Southwest Comer of Lot #34; 20) proceed North 08 degrees 47 minutes 37 seconds West, along the West Line of said Lot #34 and along the prolongation thereof, a distance of 133.28 feet to the intersection of said northerly prolongation of the West Line of Lot #34 with the northerly right-of-way line of Woodland Drive; 21) proceed North 70 degrees 58 minutes 52 seconds East, along said northerly right-of-way line, a distance of 105.39 feet; 22) proceed North 77 degrees 06 minutes 46 seconds East, along said northerly right-of-way line, a distance of 75.00 feet; 23) proceed South 84 degrees 28 minutes 14 seconds East, along said northerly right-of-way line, a distance of 50.00 feet; 24) proceed South 59 degrees 35 minutes 14 seconds East, along said northerly right-of-way line, a distance of 50.00 feet; 25) proceed South 30 degrees 42 minutes 14 seconds East, along said northerly right-of-way line, a distance of 40.00 feet; 26) proceed South 06 degrees 36 minutes 14 seconds East, along said northerly right-of-way line, a distance of 40.00 feet to the Northwest Corner of Lot #36; 27) proceed North 81 degrees 30 minutes 46 seconds East, along the North Line of said Lot #36, a distance of 225.00 feet to the Northwest Comer of Lot #38; 28) proceed Northeastwardly, along the North Line of Lot #38 and Lot #39 to the Northwest Comer of Lot ~40; 29) proceed North 83 degrees 23 minutes 05 seconds East, along the North Line of Lot #40, a distance of 124.84 feet to the Northwest Comer of Lot ~41; 30) proceed South 81 degrees 50 minutes 07 seconds East, along the North Line of said Lot g41, a distance of 184.38 feet to the Northeast Comer of said Lot ~41; 31) proceed South 03 degrees 03 minutes 23 seconds West, along the East Line of aforesaid Woodland Golf Club 2® Subdivision to the intersection of said East Line with the southwest boundary line of parcel number 17-14-06-00-00-001.000; 32) proceeding southeastwardly, along said southwest boundary line of said parcel number 17-14-06-00- 00-001.000, to the Northwest Comer of Lot #52 in aforesaid Woodland Golf Club Subdivision, 3ra Section; 33) proceed North 87 degrees 07 minutes 18 seconds East, along the North Line of said lot #52, a distance of 202.83 feet to an angle point in the North Line of Lot #53; 34) proceed South 36 degrees 54 minutes 18 seconds East on and along the Easterly Line of Lots 53, 54, 55 and 56, a distance of 675.35 feet to the Northwest Comer of Lot #64; 35) proceed North 84 degrees 24 minutes 10 seconds East, along the North Line of said Lot #64, a distance 6 of 131.80 feet to the Northwest Comer of Lot #65; 36) proceed North 89 degrees 37 minutes 20 seconds East, along the North Line of said Lot #65, to the intersection of said North Line of Lot #65 with the Westerly right-of-way line of U.S. #431 and the Corporation Boundaries of the City of Carmel as described in Ordinance No. C-50; Then proceed southward, along said westerly right-of-way line and coincident with the West Line of said Ordinance No. C-50 to the Northeast Comer of the Corporation Boundary of the City of Carmel as described in Ordinance No. C-166; Thence along the northerly, westerly and southerly boundaries of said Ordinance No. C-166 for the following eight (8) courses (the following bearings are taken from said Ordinance No. C-166): 1) proceed South 62 degrees 30 minutes 03 seconds West a distance of 128.55 feet; 2) proceed North 90 degrees 00 minutes 00 seconds West, parallel with the South Line of the West Half of the Southeast Quarter of Section 6, a distance of 563.05 feet to the East Line of Jordan Woods, a subdivision in Hamilton County, Indiana, the plat of which is recorded in Plat Book 2, page 228, in the aforesaid Recorder's Office; 3) proceed North 00 degrees 12 minutes 46 seconds West, along the East Line of said subdivision, a distance of 23.50 feet; 4) proceed North 90 degrees 00 minutes 00 seconds West, parallel to the aforesaid South Line of the West Half of the Southeast Quarter of said Section 6, a distance of 410.45 feet to the West Line of said West Half; 5) proceed South 00 degrees 12 minutes 46 seconds East, along said West Line, a distance of 40.00 feet to the Northwest Corner of the West Half of the Northeast Quarter of Section 7; 6) proceed South 00 degrees 12 minutes 46 seconds East, along the West Line of the West Half of the Northeast Quarter of said Section 7, a distance of 2673.03 feet to the Northwest Corner of the West Half of the Southeast Quarter of said Section 7; 7) proceed South 00 degrees 12 minutes 46 seconds East, along the West Line of the West Half of the Southeast Quarter of said Section 7, a distance of 30.00 feet; 8) proceed North 89 degrees 23 minutes 20 seconds East, parallel to the North Line of the West Halfof the Northeast Quarter of said Section 7, a distance of 1292.21 feet to the aforesaid westerly right-of-way line of U.S. 431 as described in aforesaid Ordinance No. C-50; Then proceed southward along said westerly right-of-way line of U.S. 431 and along the aforesaid west line of Ordinance No. C-50 to the intersection of said westerly right-of-way line with the centerline of 96th S~:eet, said point being on the aforesaid southern boundary of Hamilton County; Then proceed westward, along said centerline and along said southern boundary of Hamilton County, to the PLACE OF BEGINNING containing 625 acres, more or less, subject to all legal easements and right of way of record. 7 SETTLEMENT AGREEMENT CONCERNING CARMEL CITY ORDINANCE NO. C-258 This Settlement Agreement ("Agreement") is made and entered into by and between: (I) The City of Carmel, Indiana, the Mayor ofthe City of Carmel, Indiana, and the City Council ofthe City of Carmel, Indiana (collectively the. "City"); and (2) The Clay South Citizens Coalition and its members (collectively "CSCC") on this 4th day of December, 2003~ RECITALS Whereas, the Carmel City Council passed Annexation Ordinance No. C-258 ("Ordinance") on September 3,2003. Whereas, shortly thereafter, the Mayor of the City of Carmel ("Mayor") signed the Ordinance; Whereas, the Ordinance was published on or about September 9, 2003; Whereas, CSCC is an unincorporated association comprised of several hundred owners ofIand located in the area to be annexed pursuant to the Ordinance ("Annexation Area"). Whereas, CSCC contends that the City's passage of the Ordinance is unlawful, invalid, void and of no legal force or effect; Whereas, CSCC intends to file a remonstrance and declaratory judgment action challenging the legality of the Ordinance on or before December 8, 2003; Whereas, the City contends that the passage and enactment of the Ordinance were lawful; Whereas, the City and CSCC desire to settle their differences and disputes concerning the legality and validity of the Ordinance in order to avoid the expense, burden, and inconvenience of litigation; Whereas, by the execution of this Agreement by the City Mayor and by the majority of the members of the City Council, the City represents that this Agreement has been lawfully approved by the Mayor and the Council. AGREEMENT In consideration ofthe Recitals and terms set forth, the City and CSCC agree as follows: 1. Passal!e and Adoption of an Amendment to the Ordinance On or Prior to December 4, 2003 Which Provides a Two Year Extension to the Ordinance's Effective Date. On or before December4, 2003, the Cannel City Council shall lawfully pass an amendment to the Ordinance (hereinafter the "Amendment"). Pursuant to Indiana Code 9 36-4-3-8(b)(1), the Amendment shall provide that the effective date of the annexation shall be postponed by two (2) years such that the annexation shall not become legally effective for aiw purpose (including providing any basis for the properties located in the Annexation Area to be considered within, or a part of, the City of Carmel for taxing purposes) until at the earliest December 9,2005. Both the Carmel City Council and Mayor shall take all action necessary to ensure the legality and validity of the above-referenced Amendment to the Ordinance. The Mayor and presiding officer ofthe Carmel City Council shall formally sign and adopt the Amendment pursuant to Ind. Code 936-4-6-14 within one (I) business day of the Carmel City Council's passage of the Amendment. Likewise, the Mayor and Cannel City Council shall take all necessary and appropriate action to approve this Agreement within one (I) business day after the Carmel City Council's passage of the Amendment, and they agree to execute all other necessary documents to ensure the Agreement's validity. Prior to December 9, 2005, the City shall not repeal, revoke, or in any way modifY, the above-referenced Ordinance or Amendment to the Ordinance, or pass or enact any legislation that in any way conflicts with the provisions or intent of this Agreement. 2. City's Pavment for CSCC's Reasonable Costs and Attornevs' Fees. The City shall reimburse CSCC for certain costs and attorneys' fees it incurred related to this matter and the settlement reached by the parties in the stipulated amount of $30,000, payable on or before January 15, 200f!. The check shall be made payable to "Sommer Barnard Ackerson and CSCC." 3. Litil!ation Challenl!inl! the Ordinance. If any lawsuit is filed prior to December 9, 2003 which challenges the legality and/or effectiveness ofthe Ordinance, this Agreement shall become null and void, unless each such lawsuit is dismissed with prejudice on or before December 19, 2003. The City shall notify counsel for CSCC in writing of any and all such litigation challenging the legality and/or effectiveness of the Ordinance by December 17, 2003: Under all circumstances, the City and CSCC expressly acknowledge that CSCC and its members shall still retain the right under Indiana Code 9 36-4-3-16 to file any appropriate legal action outlined by that statute. 4. Breach; Enforcement of Remedies. It is understood by the City and CSCC that each party shall have the right to institute and prosecute any proceeding, at law or in equity, against any other party hereto for violating or threatening to violate any obligation contained in this Agreement, which right shall include the right to seek and obtain in any court of competent jurisdiction an injunction to restrain a violation or alleged violation as well as the right to damages at law. Any party violating any obligation to this Agreement agrees to indemnify and hold harmless the other party against and from any and all liability, loss, or damage arising from such breach, including any and all legal costs, charges, and attorneys' fees reasonably incurred in enforcing such obligation. S. Acknowlede:ment of Parties. Each party hereto acknowledges, covenants, and agrees that it has read this Agreement, that itunderstands its terms, including the legal consequences thereof, and that in offering to make, and in making, executing and delivering this Agreement, it was not acting under any duress, undue influence, misapprehension, or misrepresentation by any party hereto, or any agent, attorney, or other representative of any party and that this Agreement was made, executed, and delivered as a free and voluntary act. 6. Entire Ae:reement; Reliance; Bindine: Effect. This Agreement represents a complete and total integration ofthe agreement of the parties hereto and supersedes all prior or contemporaneous written or oral agreements relating to this subject matter. The parties hereto agree that any and all prior agreements covering the subject matter of this Agreement are hereby terminated and are of no further force or effect. The parties hereto intend that each of the statements made herein shall be construed as a representation, that each of the representations is made for the purpose of inducing each other to execute this Agreement, that each of the representations is true, and the parties hereto expressly authorize each other to rely upon such representations and acknowledge that such representations have in fact been relied upon by each party. All of the obligations contained in this Agreement shall be binding upon the parties hereto, and their respective successors, assigns, and other representatives. 7. Authoritv. The undersigned persons executing this Agreement on behalf ofthe parties hereto each represent that he/she is fully empowered to execute this Agreement in the capacity shown below and that all necessary action for the making of this Agreement has been taken and done. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and each subsequent counterpart shall together constitute but one in the same instrument. 9. Miscellaneous. The parties agree to never contest the validity or enforceability ofthis Agreement's provisions. ThisAgreement and its terms shall be interpreted under the laws of the State of Indiana. When applicable, use ofthe singular form of any word shall mean or apply to the plural, and the neuter form shall mean or apply to the feminine or masculine. The captions and headings appearing in this Agreement are inserted only as a matter of convenience and are not intended to define, limit, construe, or describe the scope or intent of such provisions. Time is of the essence regarding this Agreement. 10. Non-Waiver of Ril!hts. No failure by any party hereto to enforce, on one or more occasions, any term or provision hereof shall be effective unless in writing, nor operate as a later waiver of any right or remedy. ' 11. Modification. No change or modification of this Agreement shall be valid unless the same is in writing and duly executed by all the parties hereto, or their duly authorized successors and assigns. 12. Severability. The invalidity of any provision(s) contained in this Agreement shall not operate to cause any remaining provisions to be deemed invalid, provided that, the terms and obligations of the parties and the Agreement itself still reflect the parties' intent. 13. Confidentialitv. Other thart what is outlined, referenced, and/or contained in any documents filed in conjunction with a Remonstrance, Declaratory Judgment Action, and/or any other legal action that CSCC anticipates filing concerning its challenge to the legal validity and effectiveness of the Ordinance, CSCC and its agents, . representatives, members, and attorneys agree to keep in the strictest of confidence their legal theories and facts related to those legal theories as they relate to the above referenced litigation. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the day and date first written above. CITY OF CARMEL, INDIANA ~ ~~;V(/ By: ames Brainard, Mayor ( City of Carmel I j/, Member, City Council of Carmel, Indiana ~~ - Member, City Council of Carmel, Indiana ~:t1'N:f)b- By;;ft"~Sl'/~j74-":"if~ Member,' City Council of Carmel, Indiana By: Member, City Council of Carmel, Indiana APPROVED AS TO FORM AND LEGALITY: By: Douglas Haney, City Attorney City of Carmel, Indiana #115503 By: Ralph Grant, President Clay South Citizens Coalition ~~~k( - ember, CIty Council of Carmel, Hill'? ~ e-n By: /i,/,' L , v /o.'-Dt.-t; - Member, City Council of Carmel, Indiana By: Membe - City Council of Carmel, Indiana ATTEST: By: Diana Cordray, Clerk-Tre City of Carmel, Indiana