Nappanee Ord 1566

February 18, 2020 at 4:25 p.m.

By -

ORDINANCE NO. 1566

AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS

TERRITORY TO THE CITY OF NAPPANEE,

INDIANA AND DECLARING THE SAME

TO BE A PART OF THE CITY OF NAPPANEE,

INDIANA, AND PRESCRIBING THE ZONING AND LAND USE THEREOF

    WHEREAS, the owners, Beacon Health Systems, Inc., of a certain parcel of real estate lying contiguous to the City of Nappanee, Indiana, Elkhart County, and as hereinafter more particularly described, have petitioned the City of Nappanee Common Council to annex this certain parcel of real estate, and

    WHEREAS, the said area sought to be annexed is urban in character, is an economic part of the City of Nappanee, and it is in the best interest of said City that the said territory be annexed to the City of Nappanee.

    NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NAPPANEE, INDIANA.

    SECTION 1. Pursuant to IC 36-4-3-5.1 the following contiguous territory, containing approximately 6 acres, together with that area of Indiana State Road 19 which is contiguous to such 6 acre parcel be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit:

    A PART OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 35 NORTH, RANGE 4 EAST, LOCKE TOWNSHIP, ELKHART COUNTY, INDIANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

    COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 35 NORTH, RANGE 4 EAST, LOCKE TOWNSHIP, ELKHART COUNTY, INDIANA; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 725.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH, ALONG SAID EAST LINE, A DISTANCE OF 600 FEET, THENCE NORTH 88 DEGREES 51 MINUTES SECONDS WEST, A DISTANCE OF 435.70 FEET; THENCE NORTH A DISTANCE OF 600 FEET, THEN SOUTH 88 DEGREES 51 MINUTES 45 SECONDS EAST, A DISTANCE OF 435.70 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 6.00 ACRES, MORE OF LESS.

    BEING TAX PARCEL 20-13-25-200-013.000-020.

    SUBJECT TO ANY AND ALL FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.

    See Exhibit A.

    SECTION 2.    That upon annexation, the said described real estate be and the same is hereby determined to be a part of the B-2 General Business District as the said district is known and designated in the Zoning Ordinance and the Zoning Maps of the City.

    SECTION 3.    That all territory being annexed pursuant to this Ordinance shall be assigned to the 2nd municipal legislative body district.

    SECTION 4.     Upon passage, approval and publication, and absent appeal under IC 36-4-3-15.5, this Ordinance shall be in full force and effect thirty (30) days after its publication and upon the filling and recording of this Ordinance pursuant to IC 36-4-3-22.

    PASSED AND ORDAINED THIS 18TH DAY OF FEBRUARY 2020.

Jeff Knight, Clerk-Treasurer

    PRESENTED TO ME AND APPROVED BY ME THIS 18TH DAY OF FEBRUARY 2020.

Phil Jenkins, Mayor

2-20 hspaxlp



ORDINANCE NO. 1566

AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS

TERRITORY TO THE CITY OF NAPPANEE,

INDIANA AND DECLARING THE SAME

TO BE A PART OF THE CITY OF NAPPANEE,

INDIANA, AND PRESCRIBING THE ZONING AND LAND USE THEREOF

    WHEREAS, the owners, Beacon Health Systems, Inc., of a certain parcel of real estate lying contiguous to the City of Nappanee, Indiana, Elkhart County, and as hereinafter more particularly described, have petitioned the City of Nappanee Common Council to annex this certain parcel of real estate, and

    WHEREAS, the said area sought to be annexed is urban in character, is an economic part of the City of Nappanee, and it is in the best interest of said City that the said territory be annexed to the City of Nappanee.

    NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NAPPANEE, INDIANA.

    SECTION 1. Pursuant to IC 36-4-3-5.1 the following contiguous territory, containing approximately 6 acres, together with that area of Indiana State Road 19 which is contiguous to such 6 acre parcel be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit:

    A PART OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 35 NORTH, RANGE 4 EAST, LOCKE TOWNSHIP, ELKHART COUNTY, INDIANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

    COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 35 NORTH, RANGE 4 EAST, LOCKE TOWNSHIP, ELKHART COUNTY, INDIANA; THENCE SOUTH ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 725.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH, ALONG SAID EAST LINE, A DISTANCE OF 600 FEET, THENCE NORTH 88 DEGREES 51 MINUTES SECONDS WEST, A DISTANCE OF 435.70 FEET; THENCE NORTH A DISTANCE OF 600 FEET, THEN SOUTH 88 DEGREES 51 MINUTES 45 SECONDS EAST, A DISTANCE OF 435.70 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 6.00 ACRES, MORE OF LESS.

    BEING TAX PARCEL 20-13-25-200-013.000-020.

    SUBJECT TO ANY AND ALL FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.

    See Exhibit A.

    SECTION 2.    That upon annexation, the said described real estate be and the same is hereby determined to be a part of the B-2 General Business District as the said district is known and designated in the Zoning Ordinance and the Zoning Maps of the City.

    SECTION 3.    That all territory being annexed pursuant to this Ordinance shall be assigned to the 2nd municipal legislative body district.

    SECTION 4.     Upon passage, approval and publication, and absent appeal under IC 36-4-3-15.5, this Ordinance shall be in full force and effect thirty (30) days after its publication and upon the filling and recording of this Ordinance pursuant to IC 36-4-3-22.

    PASSED AND ORDAINED THIS 18TH DAY OF FEBRUARY 2020.

Jeff Knight, Clerk-Treasurer

    PRESENTED TO ME AND APPROVED BY ME THIS 18TH DAY OF FEBRUARY 2020.

Phil Jenkins, Mayor

2-20 hspaxlp



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