HomeMy WebLinkAboutC-258 96th/Westfield SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
ORDINANCE NO. C-258
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 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 Armexation 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
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
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 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 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:
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 Cannel 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.
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.
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
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.
~~h_>ED by Common Council of the City of Carmel, Indiana, this ~'~day of the
,2003, by a vote of' ~ ayes and ~ nayes.
COMMON COUNCIL OF THE CITY OF CARMEL
' ' ' '~ O{'ficer Kevin Kirby
Robert Battreatl
Ronald E. Carter
ATTEST: ,'~
G/Diana L. Cordray, IAMCtJ Clerk-Treasurer
Sandra M. Johnso~
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SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
Presented by me to the Mayor of the City of Carmel, Indiana this ~(day of
~zao ,2003, at
/ (~/7/Sandra M. 3~
Clerk for
/ Diana L. CordrayfflAMC, Clerk-Treasurer
Apygr~, ~,ed by me, Mayor of the City of Carmel, Indiana, thlS~7)~-c day of,~f ~',t/lh 2003,
es Brainard, Mayor "
ATTEST:
/'Diana L. Cordray, IAMC~,, Clerk-Treasurer
Prepared by:
775313
Sue A. Beesley
Bingham McHale LLP
10 W. Market Street
Suite 2600
Indianapolis, IN 46204
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EXHIBIT A
~TtV & W£$TFI~LO
EXHIBIT "B"
LEGAL DESCRIPTION
ANNEXATION ORDINANCE C-258
96th and Westfield
A PART OF SECTION ONE (1), TOWNSHI~ 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 Ri~at-of-Way Line of Westfield Boulevard ~vith the southern boundary
of Hamilton County (which is generally located at 96th Street), said point being coincident with the Southeast Comer
of the Corporation 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 Wesffield 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) proceeding eastward to the southwest comer of said parcel number 17-14-06-00-00-021.000;
2) proceeding North 89 de,tees 56 minutes I5 seconds East a distance of 190.50 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
Sectinn, 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,
3rd 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, 3ra Section, to the intersection of said West Line of said 3rd Section with the northerly
boundary line ofparceI 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
Southeast Comer of Lot #51 in Woodland Golf Club 2~d 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 #51, 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 Line 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 ff49, 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 Comer of Lot #35;
19) proceed North 03 degrees 21 minutes 23 seconds East, along the West Line of said Lot #35, a distance
of 140.41 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 intersect/on 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 Comer 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 d/stance 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 #41, a distance
of 184.38 feet to the Northeast Comer of said Lot fi41;
31 ) proceed South 03 degrees 03 minutes 23 seconds West, along the East Line of aforesaid Woodland
Golf Club 2nd 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 southeastward/y, along said southwest boundary hne of said parcel number I7-14-06-00-
00-001.000, to the Northwest Comer of Lot #52 in aforesaid Woodland Golf Club Subdivision, 3rd 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
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of 131.80 feet to the Noxthwest 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 ~vesterly 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 Noxth 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 Comer 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 Comer 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 Half of the
Northeast Quarter of said Section 7, a distance of 1292.21 feet to the aforesaid westerly fight-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 Street, said point
being on the aforesaid southern boundary of Hamilton County;
Then proceed westward, along said centerline and along said sonthem 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.
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