HomeMy WebLinkAboutC-264 Home PlaceSponsor: Councilor Rattermann
ORDINANCE NO. C-264
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 has engaged professionals to study the fiscal and governmental
impacts of an annexation of the area in Clay Township commonly known as Home Place; 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 annexed is attached hereto as
Exhibit A, which also includes a map thereof (the "Annexation Territory"); and
WHEREAS, the Annexation Territory consists of approximately 1,017 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 #07-02-04-01 of the Common Council of the City of Cam~el,
Indiana adopts 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 Annexation Territory includes at least three persons per acre and is
greater than 60% subdivided; and
WHEREAS, Ind. Code § 36-4-3-8(c) requires that this Ordinance include terms and
conditions impounding in a special fund for three years all municipal property taxes imposed on
the Annexation Territory that are not used to meet the basic services set forth in the fiscal plan
and that such funds be expended within five years of the effective date of the annexation to
provide additional services not set forth in the fiscal plan; and
WHEREAS, while it is anticipated that there will be no municipal property taxes that are
not used to meet the basic services in the fiscal plan, this Ordinance nonetheless will create the
special fund.
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 Ten/tory is hereby annexed to the City
of Carmel 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. 5.
All municipal property taxes imposed on the Annexation Ten/tory during the first three
years alter the effective date of the annexation which are not used to meet the basic
services set forth in the fiscal plan adopted by Resolution No. 07-02-04-01 shall be
impounded in a special fund that will be used to provide additional services not provided
in the fiscal plan and shall be so used within 5 years of the effective date of the
annexation. The advisory board required by Ind. Code § 36-4-3-8.1 shall be appointed
within 90 days of the effective date.
2004, by a vote of
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.
PASSED by the Common Council of the City of Cannel, Indiana, this/,~q~r~ay of
~ ayes and O nays.
~d~7~,~~,. ~'~esident Pro Tempore
//Jos~. Griffiths /~//r
COM__OUNCIL~ FOR THE /// //
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ATTEST:
Diana L. Cordray, IAMC, Cler~,,~r~asurer
Presented bv me to the Mayor of the City of Carmel, Indiana this ~ day of /~r J~, 2004,
at
Di~a L. Cor&ay, I~C, Cler~asurer
ApproTe~ by me, MayoroftheCityofC~el, Indi~a, this /~ dayof ~'F~F~ 2004,
at ~c:/ ~.M.
~es Brained, Mayor
ATTEST:
Diana L. Cordray, IAMC, Cl~-~reasurer
Prepared by: Nicholas K. Kile
Barnes & Thomburg
11 South Meridian Street
Indianapolis, Indiana 46204
INDS01 NKK 65661 Ivl
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EXHIBIT "A"
LEGAL DESCRIPTION
ANNEXATION ORDINANCE C-264
HOME PLACE
A part of the Southeast and Southwest Quarters of Section 1, Township 17 North, Range 3 East; A part of the
Southeast Quarter of Section 2, Township 17 North, Range 3 East; A part of the Northeast and Southeast Quarters
of Section 11, Township 17 North, Range 3 East: and a part of the Northeast, Northwest and Southwest Quarters of
Section 12, Township 17 North, Range 3 East in Clay Township, Hamilton County, Indiana, being more particularly
described as follows:
Commencing at the Southwest Comer of the Southwest Quarter of Section 12, Township 17 North Range 3 East,
said point also being the intersection of the assumed Centerline of 96th Street and the assumed Centerline of College
Avenue; thence northerly along said Centerline of College Avenue to a point on the south limited access right of
way line of 1-465 per the 1NDOT Right of Way Plans Proj. #I465-4 (128)127; thence continuing northerly along
said centerline to a point on the north limited access line of said 1-465, said point being the PLACE OF
BEGINNING of this description;
The next nine (9) courses are along said 1-465 north right of way line and are coincident with the corporate limits of
the City of Carmel via Annexation Ordinance C205:
1) Thence South 89 degrees 26 minutes 46 seconds East 306.23 feet along the westerly extension and the
northern lot line of Lot 14 in the College Hills Addition to the northeast comer of said Lot 14, said comer is
also the northwest comer of Lot 39 in said addition;
2) Thence South 70 degrees 22 minutes 50 seconds East 211.39 feet to the eastern line of said Lot 39, said line
also being the western boundary of Carrollton Avenue;
3) Thence South 70 degrees 26 minutes 07 seconds East 53.35 feet to the eastern boundary of Carrollton
Avenue, said boundary also being the western lot line of Lot 66 in said College Hills Addition;
4) Thence South 80 degrees 08 minutes 01 seconds East 83.86 feet to the southern lot line of said Lot 66;
5) Thence South 89 degrees 26 minutes 46 seconds 314.72 feet along said southern lot line of said Lot 66 and
the southern lot line of Lot 91 in said College Hills Addition to the southeast comer of said Lot 91, said
comer also being the northeast comer of Lot 90 in said addition;
6) Thence South 00 degrees 20 minutes 25 seconds East 36.32 feet along the eastern lot line of said Lot 90 to
a point on a non-tangent curve concave to the south, said point being North 12 degrees 17 minutes 59
seconds East 5,859.58 feet from the radius point of said curve;
7) Thence easterly 684.43 feet along said curve to a point being North 18 degrees 59 minutes 31 seconds East
5,859.58 feet from the radius point of said curve;
8) Thence South 73 degrees 03 minutes 18 seconds East 192.4 feet;
9) Thence South 69 degrees 25 minutes 35 seconds east to the southeast comer of Parcel 17-13-I2-03-06-
019.000, said point also being the southwest comer of Parcel 17-13-12-00-00-006.000 and the southwest
comer of Annexation Ordinance C-215;
The next six (6) courses are on and along the corporate limits of the City of Carmel via Annexation Ordinance
C215:
1) Thence northerly on and along the eastern boundary of Parcels 17-13-12-03-06-019.000, 17-13-12-03-06-
017.000, 17-13-12-03-06-016.000, 17-13-12-03-06-013.000, 17-13-03-06-012.000 and 17-13-12-00-00-
001.000 and along the western boundary o f Parcels 17-13-12-00-00-006.000 and 17-13-12-00-00-002.000
to the southeast comer of the Marwood Trails subdivision;
2) Thence northerly on and along the eastern boundary of the Marwood Trails subdivision and the western
boundary of Parcel 17-13-12-00-00-002.000 to the northeast comer of said Marwood Trails subdivision
and the northwest comer of Parcel 17-13-12-00-00-002.000, said point being located on the south boundary
of the College Meadows subdivision, 3rd Section;
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3) Thence easterly on and along the north boundary of Parcel 17-13-12-00-00-002.00 and the south boundary
of said College Meadows subdivision to the west right of way line of the Monon Greenway, said point also
being the southeast comer of the College Meadows subdivision and the northeast comer of Parcel 17-13-
12-00-00-002.000;
4) Thence easterly to the east right of way line of the Monon Greenway, said point being the southwest comer
of the Orchard Park subdivision and the northwest comer of Parcel 17 - 13 - 12 -00-00-003.000;
5) Thence easterly on and along the south boundary of the Orchard Park and Surfwood Heights subdivisions
and the north boundary of Parcel 17-13 - 12-00-00-003.000 to the west right of way line of Westfield
Boulevard,
6) Thence easterly to the east right of way line of Westfield Boulevard, said point also being on the north right
of way line of 99th Street;
Thence continuing northerly along the east right of way line of Westfield Boulevard to the southwest comer of
Parcel 17-14-06-00-00-021.000, commonly known as the Woodland Country Club (coincident with the corporate
limits of the City of Carmel via Annexation Ordinance C258 As Amended with an effective date of December 9,
2005);
Thence westerly across the right of way of Wesffield Boulevard to a point on the west right of way line of Westfield
Boulevard (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C242 Amended);
Thence northerly along the west right of way line of Westfield Boulevard to a point on the south right of way line of
11 lth Street (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C242 Amended);
Thence proceeding westward along the south right of way line of 111 th Street to a point directly across from the
southeast comer of Parcel 17-13 -01-00-00-018.000, commonly known as Carmel Clay Parks and Recreation
Board's Central Park (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C257);
Thence proceeding westward along the south right of way line of 11 lth Street and across the right of way of the
Monon Greenway to a point on the east right of way line of College Avenue (coincident with the corporate limits of
the City of Carmel via Annexation Ordinance C213);
Thence westward across the r~ht of way of College Avenue to the west right of way line of College Avenue and the
south right of way line of 111 Street (coincident with the corporate limits of the City of Carmel via Annexation
Ordinance C213);
Thence proceeding westerly along the south right of way line of 11 lth Street to the intersection of the west line of the
College Heights 4th Section subdivision (coincident with the corporate limits of the City of Carmel via Annexation
Ordinance C259);
Thence proceeding South 00 degrees 00 minutes 00 seconds East 1285.7 feet to the north boundary line of the
Cornerstone Place Section 1 subdivision, said point also being the southeast comer of parcel 17-13-02-00-00-
016.000, commonly known as Pleasant Grove Methodist Church (coincident with the corporate limits of the City of
Carmel via Annexation Ordinance C259);
Thence proceeding westward along the north lines of the Cornerstone Place, Meridian Meadows and Meridian
Highlands subdivisions and the south lines of parcels 17-13 -02-00-00-016.000 and 17-13 -02-00-00-017.000,
commonly known as Standard Management Corporation, said line also being the south line of the Northwest Quarter
of the Southeast Quarter of Section 2, to the intersection with the east right of way line of Pennsylvania Street, said
point also being the east line of the corporate limits of the City of Carmel as described in Annexation Ordinance
C 178 (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C259);
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Thence proceeding southward along the east right of way line of Pennsylvania Street to a point on the north right of
way line of 106th Street (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C178);
Thence proceeding southward across the right of way of 106th Street to a point on the south right of way line of 106th
Street and the east right of way line of Pennsylvania Street (coincident with the corporate limits of the City of
Carmel via Annexation ordinance C178);
Thence proceeding southward along the east right of way line of Pennsylvania Street to the point of intersection with
the south line of Lot 13 in the Penn View Heights subdivision and the north line of pamel 16-13-11-02-15-001.000,
commonly known as the Schneider Office Park (coincident with the corporate limits of the City of Carmel via
Annexation Ordinance C178);
Thence proceeding eastward along the said south and north lines to the southeast comer of Lot 13 and northeast
comer of said parcel 16-13-11-02-15-001.000 (coincident with the corporate limits of the City of Carmel via
Annexation Ordinance C 186);
Thence proceeding southward along the east line of parcel 16-13-11-02-15-001.000 and the west line of the
Northridge Addition to a point on the north right of way line of 103rd Street (coincident with the corporate limits of
the City of Carmel via Annexation Ordinance C 186);
The next eight (8) courses are on and along the corporate limits of the City of Carmel via Annexation Ordinance
C178):
1) Thence proceeding southward across the right of way of 103ra Street about 690 feet to a point;
2) Thence easterly about 815 feet to a point;
3) Thence southerly about 110 feet to a point;
4) Thence easterly about 190 feet to a point;
5) Thence southerly about 329 feet to a point;
6) Thence easterly about 1461 feet to a point on the west right of way line of College Avenue;
7) Thence easterly to the centerline of College Avenue;
8) Thence southerly on the centerline of College Avenue about 880 feet to a point on the north right of way
line ofi465, said point being the PLACE OF BEGINNING of this description.
ALSO:
Part of the Southeast Quarter of Section 11, Township 17 North, Range 3 East in Clay Township, Hamilton County,
Indiana, also being part of Lots 1, 2, 3, 4, 5 and 6 in Block "H" in "College Park", being more particularly described
as follows:
Commencing at the northeast comer of said Quarter Section; thence South 00 degrees 28 minutes 55 seconds East
(assumed bearing) along the east line of said Quarter Section 483.70 feet to the northeast comer of said "College
Park"; thence South 88 degrees 52 minutes 50 seconds West along the north line of said "College Park" 173.0 feet
to the PLACE OF BEGINNING of this description; thence continuing along said north line South 88 degrees 52
minutes 50 seconds West 165.0 feet; thence, leaving said north line, South 01 degrees 07 minutes 10 seconds East
50.0 feet; thence North 27 degrees 01 minutes 20 seconds East 172.41 feet to the PLACE OF BEGINNING of this
description.
The aggregate total acreage is 1,016.7, more or less, subject to all legal easements and right of way of record.
S:~DH ILLkANNEXATIONS\LEGALC264
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