HomeMy WebLinkAboutC-250 Briarwood/WoodbrookDULY FOR TAXATION c.
Subjec{ ,mai acceptance for transfer
day
,~..f~ ~ Auditor of Hamitton Count~
Parcel #.
SPONSORED BY:
ORDINANCE NO. C-250
Insteuaent
~00300113005
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 Cannel; 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 132 acres; and
WHEREAS, the Annexation Tenitory 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 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
200300113005
Filed foe Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
10-31-2003 At 11:57 am.
ANNEXATION 23.00
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:
The above recitals are incorporated herein by reference as though fully set forth herein
below.
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 Cannel Common Council District No. 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.
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, this~ ~day of
1~/ ,20D~,l~oy a vote of "/ ayes and 0 nayes.
./l~onald E. Carter (../L4~i ~wfder f"~- ~
Diana L. Cordray, IAMC, Clerk-f~surer
~2 s~resented by_ me to th~/Mayor of the City of Carmel, Indiana this /~) day of
Di~:L. Cor~ay, ~C, Clerk- ~surer
,~ ~ v20~o
3gAppr°vedbyme'May°r°ftheClty°fC~el'h&~a'th~s' ' ' ~ dayof / /,
atY~ F.~. /
Diana L. Cordray, IAMC, Cler~-Tr~
Prepared by: Sue A. Beesley
Bingham McHale LLP
10 W. Market Street
Suite 2600
Indianapolis, IN 46204
666622
3
Exhibit A
Annexation C250
BRIARWOOD /WOODBROOK
DOWNS
Produced by
City of Carmel, GIS
11/06,2002
Property Lines
Right-of-Way
.... Subdivision Boundary
Annexation Area
Existing Corporate Boundary
Pending Annexation C249
EXHIBIT B
LEGAL DESCRIPTION
ANNEXATION ORDINANCE C-250
(BRIARWOOD/WOODBROOK DOWNS)
Part of the Southwest Quarter of Section 21, Township 18 North, Range 4 East and part of the Northwest Quarter of
Section 28, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana, being more particularly
described as follows:
Commencing at the southwest comer of the Southwest Quarter of said section 21, said point also being the
northwest comer of the Northwest Quarter of said section 28 (assumed centerline of Gray Road);
Thence on and along the south line of said Section 21 and the north line of said Section 28, 90 degrees 00 minutes
00 seconds east a distance of 16.5 feet to the POINT OF BEGINNING of this description, said point being 90
degrees 00 minutes 00 seconds west, a distance of 3.5 feet from the southwest comer of parcel number 17-10-00-00-
040.101;
Thence north 00 degrees 00 minutes 00 seconds, parallel to the west line of said Section 21 and the west line of
parcel number 17-10-00-00-040.101, a distance of 338.41 feet to a point 90 degrees 00 minutes 00 seconds west, a
distance of 3.5 feet from the northwest comer of said parcel number 17-10-00-00-040.101and the southwest comer
of the Woodbrook Downs Estates subdivision (coincident with the corporate limits of the City of Carmel);
Thence 90 degrees 00 minutes 00 seconds east a distance of 3.5 feet to a point on the easterly right of way of Gray
Road, said point being the northwest comer of parcel number 17-10-21-00-00-040.101 and the southwest corner of
the W oodbrook Downs Estates subdivision (coincident with the corporate limits of the City of Carmel);
Thence north 00 degrees 00 minutes 00 seconds on and along the easterly right of way line of Gray Road and the
west line of the Woodbrook Downs Estates subdivision, a distance of 980.47 feet to a point on the south boundary of
real estate described in Deed Book 303, page 557 in the Office of the Recorder of Hamilton County, said point also
being the northwest comer of the Woodbrook Downs Estates subdivision (coincident with the corporate limits of the
City of Carmel);
Thence north 89 degrees 49 minutes 31 seconds east on and along the north line of Woodbrook Downs Estates,
along the north line of parcel numbers 17-10-21-00-00-017.000 and 17-10-00-00-017.002 and along the south line
of real estate described in Deed Book 303, page 557 and along the south line of the Valleybrook subdivision, a
distance of 2037.48 feet to a point (coincident with the corporate limits of the City of Carmel);
Thence north 89 degrees 51 minutes 22 seconds on and along the north line of parcel number 17-10-21-00-00-
016.002 and along the south line of Valleybrook, a distance of 602.48 to a point on the east line of the Southwest
Quarter of said Section 21, said point being the northeast comer of parcel number 17-10-21-00-00-016.002, the
southeast comer of the Valleybrook subdivision and the west line of the Avian Glen subdivision (coincident with the
corporate limits of the City of Carmel);
Thence continuing on and along said east line and along the east line of parcel numbers 17-10-21-00-00-016.002
and 17-10-21-00-00-016.001 and along the west line of Avian Glen, south 00 degrees 09 minutes 24 seconds east, a
distance of 987.77 feet to a point (coincident with the corporate limits of the City of Carmel);
Thence continuing on and along said east line and along the east line of parcel numbers 17-10-21-00-00-016.001
and 17-10-21-00-00-016.000 and the west line of Avian Glen, south 00 degrees 11 minutes 23 seconds west, a
distance of 330.92 feet to the southeast comer of parcel number 17-10-21-00-00-016.000, said point also being the
5
southwest comer of the Avian Glen subdivision, the southeast comer of the Southwest Quarter of said Section 21
and the northeast comer of the Northwest Quarter of said Section 28 (coincident with the corporate limits of the City
of Carmel);
Thence south 89 degrees 49 minutes 41 seconds west on and along the south line of the Southwest Quarter of
Section 21, the north line of the Northwest Quarter of said Section 28, the south line of parcel number 17-10-21-00-
00-016.000, the south line of Woodbrook Downs Estates, the north line of the Trails of Avian Glen (coincident with
the corporate limits of the City of Carmel) and Briarwood subdivisions, a distance of 1893.60 feet to the southwest
comer of Lot #24 in the Woodbrook Downs Estates subdivision and the southeast comer of parcel number 17-10-
21-00-00-040.000;
Thence south 89 degrees 49 minutes 41 seconds west along the south line of parcel number 17-10-21-00-00-
040.000, the south line of the McCallister subdivision, the south line of parcel number 17 - 10-21-00-00-040.101, the
north line of the Briarwood subdivision, the south hne of the Southwest Quarter of Section 21 and the north line of
the Northwest Quarter of Section 28, a distance of 747.99 feet to the southwest comer of parcel number 17-10-21-
00-00-040.101, said point being on the easterly right of way line of Grey Road;
Thence 90 degrees 00 minutes 00 seconds (assumed bearing) west a distance of 3.5 feet to the POINT OF
BEGINNING of this description, containing 79.978 acres, more or less, subject to all legal easements and right of
way of record.
ALSO:
Commencing at the northwest comer of said Section 28, said point also being the southwest comer of said Section
21, thence on and along the north (and south) line thereof, 90 degrees 00 minutes 00 seconds east a distance of 20.0
feet to the southwest comer of parcel number 17-10-21-00-00-040.101; thence north 89 degrees 49 minutes 41
seconds east, a distance of 20.0 feet (coincident with the corporate limits of the City of Carmel) to the POINT OF
BEGINNING, said point being located on the easterly right of way line of Gray Road;
Thence continuing along said north (and south) line, said line being the north line of the Briarwood subdivision and
the south line of parcel number 17-10-21-00-00-040.101, the McCallister subdivision, parcel number 17-10-21-00-
00-040.000 and the Woodbrook Downs Estates subdivision, north 89 degrees 49 minutes 41 seconds east a distance
of 1955.42 to a point, said point being the noithwest comer of the east half of the east half of the Northwest Quarter,
the northeast comer of the Briarwood subdivision and the northwest comer of the Trails of Avian Glen subdivision;
Thence on and along the west line of the east half of the east half of said Northwest Quarter, said line also being the
west line of the Trails of Avian Glen subdivision and the east line of the Briarwood subdivision, south 00 degrees 05
minutes 14 seconds west a distance of 1189.07 feet to the southeast comer of Lot Number 19 in the Briarwood
subdivision (coincident with the corporate limits of the City of Carmel);
Thence south 89 degrees 48 minutes 29 seconds west along the south line of the Briarwood subdivision, said line
also being the north line of the Briarstone subdivision, a distance of 1773.61 feet to the southwest comer of Lot
Number 32 in the Briarwood subdivision (coincident with the corporate limits of the City of Carmel);
Thence north 00 degrees 00 minutes 00 seconds along the west lines of Lot Number 32 and 33 in the Briarwood
subdivision, and parallel to the west line of said Section 28, a distance of 217.0 feet to a point on the west line of Lot
Number 33 at the southeast comer of Lot Number 35 in the Briarwood subdivision (coincident with the corporate
limits of the City of Carmel);
Thence south 89 degrees 48 minutes 29 seconds west along the south line of Lot Number 35 in the Briarwood
subdivision, a distance of 180.0 feet to a point on the easterly right of way line of Gray Road (coincident with the
corporate limits of the City of Carmel);
Thence north 00 degrees 00 minutes 00 seconds (assumed bearing) along said easterly right of way line and along
the west line of the Briarwood subdivision, a distance of 972.00 feet (coincident with the corporate limits of the City
6
of Carmel) to the POINT OF BEGINNING, containing 52.46 acres, more or less, subject to all legal easements and
right of way of record.
The aggregate total acreage is 132.438 acres.
This annexation includes the following parcels:
Briatwvood (39)
17-10-28-00-00-001.000
17-10-28-00-00-001.001
17-10-28-00-00-002.000
17 - 10-28-00-00-003.000
17-10-28-00-00-003.001
17-10-28-00-00-008.000
17-10-28-00-00-009.000
17-10-28-00-00-010.000
17-10-28-00-00-011.000
17-10-28-00-00-012.000
17-10-28-00-00-018.000
17-10-28-00-00-019.000
17-10-28-00-00-020.000
17-10-28-00-00-021.000
17-10-28-00-00-022.000
17 - 10-28-00-00-004.001
17-10-28-00-00-004.000
17-10-28-00-00-005.000
17-10-28-00-00-006.000
17-10-28-00-00-007.000
McCallister (2)
17-10-21-00-03-02.0
17-10-28-00-00-013.000
17-10-28-00-00-014.000
17-10-28-00-00-015.000
17-10-28-00-00-016.000
17-10-28-00-00-017.000
17-10-21-00-03-001.000
Woodbrook Downs Estates (14)
17-10-21-00-00-020.000 17-10-21-00-00-035.000
17-10-21-00-00-032.000
17-10-21-00-00-032.001
17-10-21-00-00-033.000
17-10-21-00-00-034.000
All Other (9)
17-10-21-00-00-016.000
17-10-21-00-00-016.001
17-10-21-00-00-016.002
17-10-21-00-00-036.000
17-10-21-00-00-037.000
17-10-21-00-00-037.001
17-10-21-00-00-038.000
17-10-21-00-00-017.000
17-10-21-00-00-017.001
17-10-21-00-00-017.002
17-10-28-00-00-023.000
17-10-28-00-00-024.000
17-10-28-00-00-025.000
17-10-28-00-00-026.000
17-10-28-00-00-027.000
17 - 10-21-00-00-039.000
17-10-21-00-00-041.000
17-10-21-00-00-042.000
17-10-21-00-00-043.000
17-10-21-00-00-018.000
17-10-21-00-00-040.000
17-10-21-00-00-040.101
The following right of way is included in this annexation: · Beechtree Circle
· Briarwood Court
· Briarwood Trail
· Buckeye Court
· Chesmut Circle
· Winterwood Drive
· Additional partial Gray Road
17-10-28-00-00-028.000
17-10-28-00-00-029.000
17-10-28-00-00-030.000
17-10-28-00-00-031.000
17-10-28-00-00-032.000
17-10-28-00-00-033.000
17-10-28-00-00-034.000
17-10-28-00-00-035.000
17-10-28-00-00-036.000