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Home My WebLink AboutC-263 SW ClayDULY EN' ERED FeR r 'C, rlON, Subject to finaFacceptc nce for transfer ,.,2 day Of , gO. ~'~ ~ Audit~]r ef Hamilton Onun~ Parcel #. ~%O~~a ' Sponsor: Councilor Rattermann Instrueent 20050001184? ORDINANCE NO. C-263 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 CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL WHEREAS, the City of Carmel ("City") by and .through its Annexation and Land Use Committee has studied the annexation of territory in southwest Clay Township; and WHEREAS, J. he City has engaged professidnals to study the fiscal and governmental impacts of such an annexation on both the City and on the aff&ted landowners; and WHEREAS, during the courSe of: said investigatioq, several public meetings have been held where affected landowners could receive information and voice their opinions; and WHEREAS, the result of the investigation is that such an annexation would be beneficial to'the landowners in the area in question and to the City; and WHEREAS¢ this Ordinance has been adopted following due notice and a public hearing; and WHEREAS, a legal description of the territory sought to be armexed is attached hereto as Exhibit A, which also includes a map thereof (the "Annexation Territory"); and WHEREAS, the Annexation Territory consists of approximately 5,327 acres; and WHEREAS, the Annexation Territory is at least 1/4 contiguous to the existing corporate boundaries of the City; and WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of services to the annexed areas; and WHEREAS, Resolution #6-21-04-03 of the Common Council of the City of Carmel, Indiana adopts a written fiscal plan, and definite policy for the 15rovision of services of both a noncapital and capital nature to the Annexation Territory; and WHEREAS, because the Annexation Territory does not include at least three persons per acre, it is not required that this Ordinance create a special fund pursuant to Ind. Code § 36-4-3- 8¢). NOW, THEREFORE, BE IT ORDAiNED by the Common Council of the City of Carmel, Indiana, as follows: 200500011849 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER d HAYDEN 02-28-2005 At 02:40 pm. ANNEXAflON 23.00 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. The effective date of this annexation shall be the latter of January 1, 2005, or ninety (90) days following its adoption and execution and publication as required by law. 4. The Annexation Area is assigned to Carmel Common Council District No. 1. 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 severable, 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. ;x[ P~ASSED by the Common Council of the City of Carmel, Indiana, this~q day of [~j ~c,~q_,~,l , 2004, by a vote of ~-~ ayes and 0 nays. COMMON COUNCIL FOR THE CITY OF CARMEL ( Pr~i~cer __ ,~R6na~F~(/(~----~.~~ ~er, President Pro T empore ~ /~°s~hQ'/~riffiths // : Kevin Kirby Richard L. Sharp ATTEST: Diana L. Cordray, IAMC, Clerk/~reasurer // -2- Presented by me to the Mayor of the City of Carmel, Indiana this,;gt~ day of N Ou~',,-~'~004, Diana L. Cordray, IAMC, Clerk-T~/~er Approved by me, Mayor ofthe City of Carmel, Indiana, thin'day of/z~//P~/2004, Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-T~asurer Prepared by: Nicholas K. Kilc Barnes & Thomburg I I South Meridian Street Indianapolis. Indiana 46204 -3- EXHIBIT "A" LEGAL DESCRIPTION ANNEXATION ORDINANCE C-263 SOUTHWEST CLAY TOWNSHIP A part of the Northwest and Southwest Quarters of Section 2, Township 17 North, Range 3 East; A part of the Northwest and Southwest Quarters of Section 11, Township 17 North, Range 3 East; All of Sections 7, 8, 9 and 10 of Township 17 North, Range 3 East; All of the South Half and part of the North Half of Sections 3, 4, 5 and 6 of Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, being more particularly described as follows: Commencing at the Southwest Comer Point of Section 11, Township 17 North, Range 3 East, said Comer Point also being the intersection of the assumed Centerline of96t~ Street and the assumed Centerline of Spring Mill Road, said Point being the PLACE OF BEGINNING of this description; The next twenty-seven (27) descriptions are coincident with the corporate limits of the City of Carmel via Annexation Ordinance C178: 1 ) Thence Northerly along the Centerline of Spring Mill Road to a Point on the South Limited Access Right of Way Line of Interstate Highway 465; 2) Thence Northerly along the Centerline of Spring Mill Road to a Point on the North Limited Access Right of Way Line of Interstate Highway 465; 3) Thence Northerly along the Center line of Spring Mill Road about 660 feet to a Point on Spring Mill Road; 4) Thence Easterly to a point on the East Right of Way line of Spring Mill Road, said point also being a Parcel Boundary of the Meridian at Interstate 465 Development, formerly referred to as Thompson Consumer Elecffonics; 5) Thence Easterly along said parcel boundary of about 400 feet; 6) Thence Easterly along said parcel boundary about 150 feet; 7) Thence Northeasterly along said parcel boundary about 150 feet; 8) Thence Northerly along said parcel boundary about 235 feet; 9) Thence Westerly along said parcel boundary about 180 feet; 10) Thence Northeasterly along said parcel boundary about 280 feet; 11) Thence northerly along said parcel boundary about 780 feet; 12) Thence North Northeasterly along said parcel boundary about 350 feet; 13) Thence Easterly along said parcel boundary about 530 feet; 14) Thence Northerly along said parcel boundary about 670 feet; 15) Thence Easterly along said parcel boundary about 130 feet; 16) Thence continuing Northerly about 640 feet along said parcel boundary to a point on the South Right of Way line of 106t~ Street; 17) Thence Northerly to a point on the North Right of Way line of 106th Street; 18) Thence Easterly about 160 feet; 19) Thence Northerly about 150 feet; 21) Thence Westerly about 30 feet; 22) Thence Northerly about 150 feet: 23) Thence Easterly about 90 feet; 24) Thence Northerly about 360 feet; 25) Thence Easterly about 360 feet to the West Right of Way line of US 31; 26) Thence No~herly along said West Right of Way line about 1900 feet to the point of intersection with the South Right of Way line of 11 lt~ Street and the Northern Boundary of the Meridian Suburban subdivision; 27) Thence Westerly along said South Right of Way line and Northern Boundary approximately 580 feet to a point on said Right of Way Line and Northern Boundary, said point being the Western Boundary of Annexation Ordinance C178; The next eleven (11) descriptions are coincident with the corporate limits of the City of Carmel via Annexation Ordinance C260, less the listed exception: 1 ) Thence Westerly on and along said South Right of Way line and Northern Boundary approximately 388.0 feet to the Northwest comer of the Meridian Suburban subdivision; 2) Thence South 00 degrees 19 minutes 20 seconds East a distance of 25.0 feet to a point on the South Right of Way line of 111th Street, said point also being the Northeast Comer of the Spring Mill Place subdivision; 3) Thence South 88 degrees 56 minutes 10 seconds West on and along the South Right of Way line of 111th Street and the North boundary of the Spring Mill Place subdivision a distance of 964.87 feet to a point on the West line of the Southwest Quarter of Section 2, Township 17 North, Range 4 East and the assumed Center line of Spring Mill Road, said point being located South 00 degrees 04 minutes 27 seconds East a distance of 50.0 feet from the Northwest Comer of the Southwest Quarter of said Section 2; 4) Thence continuing South 88 degrees 56 minutes 10 seconds West a distance of 45.0 feet; 5) Thence North 00 degrees O0 minutes O0 seconds East a distance of 50.0 feet to the Southeast Comer of the Williams Mill subdivision, said point being located on the West Right of Way line of Spring Mill Road, a distance of 45.0 South 89 degrees 46 minutes 12 seconds West of the Southeast Comer of the Northeast Quarter of Section 3, Township 17 North, Range 3 East; 6) Thence North 00 degrees 00 minutes 00 seconds East on and along the West Right of Way line of Spring Mill Road and the East boundary of the Williams Mill subdivision a distance of 656.86 feet to the Northeast comer of said subdivision;