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