HomeMy WebLinkAboutC-257 111th St/WestfieldSubject to fln~l ~oc~pt~nc~ ~or transfer
~{ day of [~.c. ,20 0'3.
,~,~n~ ~ Auditor of Hamilton County
Parcel #
200300123338
Filed for Record in
HAMILTON COUNTY. INDIANA
JENNIFER $ NAY~
12-09-2003 A~ 0B.48
ANNEXATION 32,00
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
ORDINANCE NO. C-257
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 plarming, the Common
Council of the City of Carmel, Indiana ("Cotincil") 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 descriptign of the Armexation Te~rritory is attached hereto and
incorporated herein as Exhibit B; and
WHEREAS, the Annexation Territory consists of approximately 108 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 fol' 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 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
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.
SPONSORED BY:
COUNCILORS KOVEN~ SNYDER
AND WILSON
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 pursuant to the terms of
this Ordinance.
3. The Annexation Territory is assigned to Camael 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.
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 Carmel, Indiana, this-~day of
~o~t~.~ , 2003, by a vote of 14 ayes and jl~ nayes.
yre[i~g Officer £ ( ~evin Kirby -
L-~5~der, mr~:gldenta~o Te'/ ~//-~--~]~ ;~- ~'/~/x~' ~m~ore ~ov~' ~'~ ~'
RObert Battreall I N[L~ Rundle ' ~ 'l ~1 , [ I ~'
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
ATTEST:
F/Diana L. ~ordray, IAM~/~, Clerk-Treasurer
. Presented by me to the Mayor of the City of Carmel, Indiana this ,.~'~day of
~b~Cfi , 2003, at 7._~c3 ~.M.
~? I ana L. Cordray~AMC, Clerk-Treasurer
~App~r .o~e.d~ by me, Mayor of the City of Carmel, Indiana, this~.~/~ay ofz~so~ 2003, //
at
~a~m~rainard, ?Mayor --
ATTEST: f-,~
'"-'!*' /
j~r~m'i'r. COrd~ay, I~C, Clerk-Treas'?ty C~e~k ~or
Prepared by:
Sue A. Beesley
Bingham McHale LLP
10 W. Market Street
Suite 2600
Indianapolis, IN 46204
4
Z
EXHIBIT "B"
LEGAL DESCRIPTION
ANNEXATION ORDINANCE C-257
111th and Westfield
A PART OF SECTION SIX (6), TOWNSHIP SEVENTEEN (17) NORTH, RANGE FOUR (4) EAST AND A
PART OF SECTION ONE (1), TOWNSH1P SEVENTEEN (17), RANGE THREE (3) EAST iN CLAY
TOWNSHIP, HAMILTON COUNTY, INDIANA, described as follows:
Commencing at the Northwest Comer of Section 6, Township 17 North, Range 4 East in Harcdlton County, Indiana;
Thence North 89 degrees 18 minutes 16 seconds East (assumed bearing from Zoning Ordinance No. Z-397-02
rezomng the Woodland Country Club and approved by Carmel City Council on October 21, 2002), along the North
Line of the Northwest Quarter of said Section and along the north line of the Corporation Boundary of the City of
Carmel as described in Ordinance No. C-60, a distance of 400.00 feet to the Northeast Comer of Tract "D" of said
Ordinance No. C-60 and the PLACE OF BEGINNING;
Thence continuing North 89 degrees 18 minutes 16 seconds East, along the North Line of said Quarter, a distance of
170.00 feet to the Northwest Comer of Woodland Golf Club Subdivision, a subdivision in Hamilton County,
Indiana, the plat of which is recorded on pages 545 and 546 of Deed Record 136 in the Office of the Recorder of
Hamilton County, Indiana;
Thence continuing North 89 degrees 18 minutes 16 seconds East, along the North Line of said Northwest Quarter
and along the North Line of the Northeast Quarter and along the North Line of said subdivision, a distance of
1695.00 feet to the Northeast Comer of Lot #33 in said subdivision;
Thence South 00 degrees 41 minutes 44 seconds East, along the East Line of Lot 33 in said Woodland Golf Club
Subdivision, a distance of I27.00 feet to the Southeast Comer of said Lot 33, said point also being located on the
westerly and northerly lines of the Corporation Boundary of the City of Carmel per Ordinances C-203 and C-242;
Thence coincident with the northerly and westerly lines of said Corporation Boundary of Ordinance C-242 for the
following twelve (12) courses:
1) South 66 degrees 08 minutes 00 seconds West on and along the southerly line of Lots 31, 32, and 33 in
said subdivision, a distance of 435.10 feet to the Southwest Comer of Lot 31;
2) South 44 degrees 27 minutes 05 seconds West on and along the easterly line of Lots 23, 24, 25, 26 and
27 in said subdivision, a distance of 681.00 feet to the Southeast Comer of Lot 23;
3) North 75 degrees 42 minutes 37 seconds West on and along the south line of Lot 23, a distance of 213.38
feet a point on the fight-of-way line of Woodland Drive, said point being a point on a curve which bears
North 75 degrees 42 minutes 37 seconds East 195.00 feet from its radius point;
4) Southwesterly on and along said right-of-way line and a curve to the right an arc distance of 234.33 feet
to the intersection of said right-of-way and the Sonthefly line of Woodland Golf Club Subdivision, 1 st
Section, said intersection being a point on a curve which bears South 06 degrees 51 minutes 34 seconds
East 195.00 feet from its radius point;
5) South 21 degrees 00 minutes 49 seconds East on and along said right-of-way line, a distance of 215.80
feet to a point of tangent which point bears South 68 degrees 59 minutes 11 seconds West 410.00 feet from
its radius point;
6) on and along said right-of-way line and a curve to the left an arc distance of 67.91 feet to a point on a
curve wlhch bears South 59 degrees 29 minutes 45 seconds West 410.00 feet from its radius point;
7) South 18 degrees 21 minutes 15 seconds West a distance of 71.31 feet;
8) North 87 degrees 00 minutes 45 seconds West a distance of 19.43 feet to a concrete monument 13.00
feet South 00 degrees 07 minutes 50 seconds East from the Northeast Comer of Wood Valley Estates, as
recorded in Plat Book 3, page 60 in the Office of the
Recorder of Hamilton County, Indiana;
9) South 00 degrees 07 minutes 50 seconds East, along the East Line of said subdivision, a distance of
331.68 feet;
10) South, parallel to the West Line of the West Half of Section 6, a distance of 220.00 feet to the South
Line of land described in a deed to Woodland Country Club, Inc., recorded as Instrument Number 89-
00961 in the Office of said Recorder;
11) South 00 degrees 04 minutes 00 seconds East a distance of 403.28 feet;
12) South 89 degrees 42 degrees 43 seconds West, along the South Line of Pine Valley Subdivision and the
extension thereof to the West right-of-way line of Westfield Boulevard and the Northwest Corner of the
Corporation Boundary of the City of Carmel as described in Ordinance No. C-242;
Thence proceeding Southward along the West right-of-way line of Westfield Boulevard and along the West Line of
said Ordinance NO. C-242 to a point located on the south right-of-way line of 111t~ Street;
Thence proceeding Westward along the South right-of-way line of 111t~ Street to a point directly across from the
southeast comer of parcel number 17-13-01-00-00-018.000, said point being the southeast comer of the Corporation
Boundary of the City of Carmel as described in Ordinance No. C-213;
Thence coincident with easterly lines of said Corporation Boundary for the following six (6) courses:
1) proceeding directly northward, across the right-of-way of 111th Street, to the Southeast Comer of parcel
number 17-13-01-00-00-018.000;
2) proceeding northeastward, along the eastern boundary of parcel 17-13-01-00-00-018.000 to the
southwest comer of parcel number 17-13-01-00-00-011.000, as shown on Hamilton County map number
13-01-00;
3) proceeding eastward, along the southern boundary of said parcel 17-13-01-00-00-011.000 to the
southeast comer of said parcel 1%13-01-00-00-011.000;
4) proceeding eastward, along the southern boundary of parcel 1-13-01-02-03-003.000 to the southeast
comer of said parcel 17-13-01-02-03-003.000;
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5) proceeding directly eastward, across the right-of-~vay of Westfield Boulevard, to a point on the east
right-of-way line of Westfield Boulevard;
6) proceeding northward, along the eastern right-of-way line of Westtleld Boulevard, to a point on the east
right-of-way line of Westfield Boulevard, directly across from the northeast comer of parcel number 17-13-
01-02-03-003.000;
7) proceeding westward, across the right-of-way of Westfield Boulevard, to the northeast comer of parcel
number 17-13-01-02-03-003.000;
8) proceeding westward, along the northern boundary of parcel number 17-13-01-02-03-003.000 to the
north~vest comer of said parcel;
9) proceeding along a curving northeastward alignment, along the eastern boundary of said parcel 17-13 -
01-00-00-011.000 to the southwest comer of parcel number I6-13-01-00-00-013.000, said point also being
the southwest comer of the Corporation Boundary of the City of Carmel as described in Tract "A" of
Ordinance No. C-60;
Thence eastward, along the south line of said parcel 16-13-01-00-00-013.000 and along the South Line of Tract "A"
and Tract "B" of said Corporation Boundary, a distance of 453 feet to the West Line of the Northwest Quarter of
Section 6 and the Southeast Comer of Tract "B" of said Corporation Boundary, said point also lying on the West
Line of the Corporation Boundary of the City of Carmel as described in Ordinance C-98;
Thence South 00 degrees 00 minutes 00 seconds East, along said West Line of said Section and along the west line
of said Ordinance No. C-98, a distance of 366.95 feet to the Southwest Comer of said Ordinance;
Thence coincident with the southerly, easterly and northerly lines of said Ordinance No. C-98 for the following six
(6) courses:
1) South 88 degrees 48 minutes 17 seconds East, along the North Line ora tract of real estate conveyed to
James and Linda Lahr by Warranty Deed recorded in Deed Record 221, page 288 in said Recorder's Office
to the Northeast Comer of said Real Estate, said point lying on the West Line of the aforesaid Woodland
Golf Club Subdivision, 1st Section;
2) North 00 degrees 00 minutes 00 seconds West, along the West Line of said subdivision, a distance of
610.75 to the Southwest Comer of Lot 2 in said subdivision;
3) South 89 degrees 18 minutes 16 seconds West, along the South Line of tract of real estate conveyed to
Merle and Josephine Delph by Warranty Deed recorded in Deed Record 166, page 256 in said Recorder's
Office, a distance of 200.00 feet (deed) 199.91 feet (measured) to the Southwest Comer of said tract;
4) North 00 degrees 00 minutes 00 degrees West, along the West Line of said tract, a distance of 146.00
feet;
5) South 89 degrees 18 minutes 16 seconds West, parallel with the North Line of said Northwest Quarter of
Section 6, a distance of 100.00 feet;
6) North 00 degrees 00 minutes 00 seconds West, parallel with said West Line, a distance of 60.00 feet to
the southwest comer of the Corporation Boundary of the City of Carmel as described in aforesaid Tract
"D" of Ordinance C-60;
Thence North 89 degrees 18 minutes 16 seconds East, parallel to the North Line of the Northwest Quarter of Section
6 and along the south line of said Tract "D", a distance of 100.00 feet to the southeast comer of said Tract "D";
Thence North 00 degrees 00 minutes 00 seconds West, parallel with the West Line of said Northwest Quarter and
along the East Line of said Tract "D", a distance of 170.00 feet to the PLACE OF BEGINNING containing 108
acres more or less, subject to all legal easements and right of way of record.
EXCEPTING therefrom the right-of-~vay for 116t~ Street which was heretofore annexed to the City of Carmel as
described in Ordinance No. C-48.
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