HomeMy WebLinkAboutC-251 Maple AcresORDINANCE NO. C-251
SPONSORED BY:
COUNCILORS KOVEN, SNYI)ER
AND WILSON
Instrument
~:00300113004
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 Annexation Territory is attached hereto and
incorporated herein as Exhibit B; and
WHEREAS, the Annexation Territory consists of approximately 20 acres; and
WHEREAS, the Annexation Tendtory 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 ahnexed 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
noneapital services provided to areas within the current corporate boundaries, regardless of
similar topography, patterns of land use, and population density; and
WHEREAS, the written fiscai plan and definite policy adopted by resolution willinclude
the provision ofservices o£a capitalnaturetotheAnnexgion Territory withinthreeyears a~er
200300113004
Filed for Reco~d in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN,
10-31-2003 At 11:57 am.
ANNEXATION 21.00
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
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. 36-4-3-4, the Annexation Territory is hereby armexed 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.
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 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.
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
PASSED b,' the Common Council of the City of Carmel, Indiana, this e~ ~4day of
Lc/, 20(J~y a vote of_~ ayes and 0 nayes.
/
el~fficer ~. ~/ , - ~.9~4I~Ki~J~
Wa~e Wi~on, P .... - ~~v~ ~
Bat~ .... . ~d~ . ' /
Ronald E. C~er ~faer
Diana L. Cordray, IAMC, ~}ler~/4Treas
5-xpr~sented by me ~the~ Mayor of the City of Carmel, Indiana this /~ day of
k~, ,2002 at ~.~_:/'O~).M. ~i/?' .- , z~
Diana 1. Cordray, ,L~. C, Clerk/reasurer
~ Approved by me, Mayor of the City of Carmel' In~iana'thiS/~--day°f v~/'2002'
at~~t~- /a.M. // //~ /:
mes Brainard, Mayor
ATTEST: - , ,~ ,q
Bingham McHale LLP
10 W. Market Street
Suite 2600
Indianapolis, IN 46204
666623
Exhibit A
Annexation C251
Maple Acres
O Produced by
City of Carmel, GIS
11¢06/2002
Property Lines
Right-of-Way
Existing Corporate Boundary
Annexation Area
EXHIBIT B
LEGAL DESCRIPTION
ANNEXATION ORDINANCE C-251
MAPLE ACRES (REVISION 1)
Part of the Southwest Quarter of Section 20, Township 18 North, Range 4 East and part of the Southeast
Quarter of Section 19, Township 18 North, Range 4 East in Clay Township, Hamilton County, Indiana,
being more parhcularly described as follows:
Commencing at the southwest comer of the Southwest Quarter of said Section 20, said point also being the
assumed centerline of Smokey Row Road (136th Street) and Carey Road and the POINT OF BEGINNING
of this description;
Thence south 89 degrees, 55 minutes 13 seconds east 359.45 feet on and along the south line of said
Section 20 and along the assumed centerline of Smokey Row Road/136th Street (coincident with the
corporate limits of the City of Carmel);
Thence north 00 degrees 43 minutes 26 seconds west 25.0 feet to a point on the north right of way line of
Smokey Row Road (136th Street) and the south boundary of Kinzer's Maple Acres subdivision (coincident
with the corporate limits of the City of Carmel);
Thence south 89 degrees, 55 minutes 13 seconds east on and along the north right of way line of Smokey
Row Road (136t~ Street) and the south boundary of the Maple Acres subdivision a distance of 962.55 feet
to the southeast comer of the Maple Acres subdivision, said point being located 15.0 feet south of the
southwest comer of the Cool Creek North Section 9 subdivision (coincident with the corporate limits of the
City of Carmel);
Thence north 00 degrees 43 minutes 26 seconds west along the east boundary of the Maple Acres
subdivision and the west boundary of the Cool Creek North Section 9 subdivision a distance of 635.003
feet to the northeast comer of the Maple Acres subdivision (coincident with the corporate limits of the City
of Carmel);
Thence noxth 89 degrees 55 minutes 13 seconds west along the north boundary of the Maple Acres
subdivision and the south boundary of the Cool Creek North Section 13 subdivision a distance of 1,297.0
feet to the northwest comer of the Maple Acre subdivision, said point being located on the east right of way
line of Carey Road (coincident with the corporate limits of the City of Carmel);
Thence north 89 degrees 55 minutes 13 second west a distance of 25.0 feet to a point on the west line of
said Section 20, said point being the assumed centerline of Carey Road (coincident with the corporate
limits of the City of Carmel);
Thence south 00 degrees 43 minutes 26 seconds east along the west line of said Section 20 and the assumed
centerline of Carey Road a distance of 660.003 feet to the POINT OF BEGINNING, containing 19.478
acres, more or less, subject to all legal easements and right of way of record.
ALSO:
Commencing at the southeast comer of the Southeast Quarter of said Section 19, said point also being the
assumed centerline of Smokey Row Road (136a~ Street) and Carey Road and the POINT OF BEGINNING
of this description;
Thence north 00 degrees 0fi minutes 23 seconds west (assumed bearing) on an along the east line of said
Section 19 and assumed centerline of Carcy Road 647.42 feet;
Thence north 89 degrees $4 minutes 31 seconds west 40.0 feet to a point on the west right of way line of
Carey Road, said point also being the northeast comer of the Smokey Ridge Section 1 subdivision
(coincident with the corporate limits of the City of Carmel);
Thence south 00 degrees 05 minutes 23 seconds east on and along the west right of way line of Carey Road
and the east boundary of the Smokey Ridge Section I subdivision a distance of 647.42 feet to a point on the
south line of said Section 19 (coincident with thc corporate limits of the City of Carmel);
Thence south 89 degrees 54 minutes 31 seconds east on and along the south linc of said Section 19 a
distance of 40.0 feet (coincident with the corporate limits of the City of Carmel) to the POINT OF
BEGINNING, containing 0.fi94 acres, more or less, subject of all legal easements and right of way of
record.
The aggregate total acreage is 20.072 acres.
This annexation includes the following parcels:
Maple Acres (27)
17-10-20-03-01-001.000 17-10-20-03-02-001.000
17-10-20-03-01-002.000 17-10-20-03-02-002.000
17-10-20-03-01-003.000 17-10-20-03-02-003.000
17-10-20-03-01-004.000 16-10-20-03-02-004.000
17-10-20-03-01-005.000 17-10-20-03-02-005.000
17-10-20-03-01-006.000 17-10-20-03-02-006.000
17-10-20-03-01-007.000
17-10-20-03-03-001,000 17-10-20-03-03-011.000
17-10-20-03-03-002.000 17-10-20-03-03-012.000
17-10-20-03-03-003.000 17-10-20-03-03-013.000
17-10-20-03-03-004.000 17-10-20-03-03-014.000
17-10-20-03-03-005,000
17-10-20-03-03-006.000
17-10-20-03-03-007.000
17-10-20-03-03-008.000
17-10-20-03-03-009.000
17-10-20-03-03-010.000
The following right of way is included in this annexation:
Subdivision Streets
· Beech Drive
· Maple Street
Perimeter Streets
· The full right of way of Carey Road.
· A portion of the north half right of way of Smokey Row Road/136th Street (Remainder previously
annexed via Annexation Ordinances C61/C67).
S:~ANNEXATIONS~vlAPLEACRES