Nappanee Ord 1567

February 18, 2020 at 4:20 p.m.

By -

NOTICE OF PUBLIC HEARING

    Notice is hereby given to the Citizens of the Civil City of Nappanee, Elkhart County and Kosciusko County, State of Indiana, that the Common Council of the Civil City of Nappanee, on March 16, 2020 in the Council Chambers at the Nappanee Municipal Center, 300 West Lincoln Street, Nappanee, Indiana, will hold a Public Hearing on Ordinance No. 1567 to annex contiguous real estate into the corporate boundaries of the City of Nappanee, Indiana.

    The Public Hearing will be for Ordinance No. 1567, 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 therefore, this petition being filed by LFM Holdings, LLC, and Newmar Corporation. The real estate is more particularly described as follows:

    REAL ESTATE - Legal Description

    TRACT 1 - A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 26, TOWNSHIP 35 NORTH, RANGE 4 EAST, LOCKE TOWNSHIP, ELKHART COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC:865 OF THE STATE OF INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

    COMMENCING AT A HARRISON MONUMENT FOUND FLUSH AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 26 AND ASSUMING THE MONUMENTED WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26 TO HAVE A BEARING OF SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST; THENCE SOUTH 89 DEGREES 51 MINUTES 47 SECONDS WEST (MEASURED) (RECORD BEARING-SOUTH 89 DEGREES 53 MINUTES 21 SECONDS WEST) ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 1451.71 FEET TO A MAG NAIL AND WASHER STAMPED “ABONMARCHE - 0050” AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 08 MINUTES 13 SECONDS EAST, PERPENDICULAR TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 453.14 FEET TO A REBAR WITH CAP STAMPED "ABONMARCHE-0050"; THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST, PARALLEL WITH SAID NORTH LINE AND ALONG THE SOUTH LINE OF A PARCEL OF LAND OWNED BY LYLE E. AND KAREN S. HOCHSTETLER AS SAID PROPERTY IS KNOWN AND RECORDED IN THE OFFICE OF THE RECORDER OF ELKHART COUNTY IN INSTRUMENT NUMBER 2004-29252, A DISTANCE OF 1125.02 FEET (MORE OR LESS) TO THE CENTERLINE OF BERLIN COURT DITCH LATERAL B, SAID CORNER MONUMENTED BY A REBAR WITH CAP “DORIOT”, BEING 25 FEET (MORE OR LESS) WEST OF SAID CENTERLINE; THENCE SOUTH 00 DEGREES 53 MINUTES 09 SECONDS EAST (MORE OR LESS), ALONG SAID LATERAL B CENTERLINE, A DISTANCE OF 1365.93 FEET (MORE OR LESS) TO THE INTERSECTION OF THE CENTERLINE OF LATERAL B WITH THE CENTERLINE OF BERLIN COURT DITCH, THE NEXT 4 COURSES BEING MORE OR LESS ALONG THE CENTERLINE OF SAID BERLIN COURT DITCH:  THENCE NORTH 79 DEGREES 26 MINUTES 32 SECONDS WEST, A DISTANCE OF 485.42 FEET;  THENCE NORTH 78 DEGREES 39 MINUTES 43 SECONDS WEST, A DISTANCE OF 318.48 FEET; THENCE NORTH 79 DEGREES 44 MINUTES 25 SECONDS WEST, A DISTANCE OF 410.12 FEET;  THENCE NORTH 79 DEGREES 07 MINUTES 24 SECONDS WEST, A DISTANCE OF 496.72 FEET TO A POINT IN THE MONUMENTED WEST LINE OF THE EAST HALF (E1/2) OF THE WEST (W1/2) OF SAID SOUTHEAST QUARTER (SE1/4), SAID POINT BEING WITNESSED BY A REBAR AND CAP STAMPED “ABONMARCHE-0050” BEING 15 FEET (MORE OR LESS) NORTH OF SAID CENTERLINE AND IN THE SAID MONUMENTED WEST LINE;  THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST ALONG SAID MONUMENTED WEST LINE, A DISTANCE OF 1043.47 FEET TO A REBAR WITH CAP STAMPED "ABONMARCHE-0050", SAID CORNER BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY LAWRENCE G. GREENE AS SAID PARCEL IS KNOWN AND RECORDED IN THE OFFICE OF THE RECORDER OF ELKHART COUNTY IN INSTRUMENT NUMBER 2006 25848; THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 383.97 FEET TO THE SOUTHEAST CORNER OF SAID GREENE PARCEL AND TO A REBAR WITH CAP STAMPED "ABONMARCHE-0050";  THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 453.14 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), MONUMENTED BY A MAG NAIL AND WASHER STAMPED “ABONMARCHE-0050”; THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 150.00 FEET TO THE AFOREMENTIONED POINT OF BEGINNING.

    THE ABOVE DESCRIBED CONTAINING 47.732 ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIBED BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND PUBLIC RIGHTS OF WAY OF RECORD

    TRACT 2 - A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 35 NORTH, RANGE 4 EAST, ELKHART COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

    COMMENCING AT A RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 52 MINUTES 00 SECONDS WEST (RECORDED BEARING), ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER 1996.90 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 51 SECONDS EAST, 465.50 FEET OF A 5/8-INCH IRON BAR AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 09 MINUTES 51 SECONDS EAST, 676.07 FEET, MORE OR LESS, TO THE CENTERLINE OF THE BERLIN COURT DITCH; THENCE SOUTH 79 DEGREES 06 MINUTES 35 SECONDS EAST, ALONG SAID DITCH CENTERLINE, 1611.77 FEET, MORE OF LESS; THENCE SOUTH 00 DEGREES 04 MINUTES 17 SECONDS EAST, 367.87 FEET, MORE OF LESS; THENCE SOUTH 89 DEGREES 52 MINUTES 00 SECONDS WEST, 1585.15 FEET TO THE POINT OF BEGINNING.

    THE ABOVE DESCRIBED CONTAINING 19.4 ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIBED BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND PUBLIC RIGHTS OF WAY OF RECORD

    Ordinance No. 1567 will be considered on second reading at this meeting and citizens will be given the opportunity to speak during the Public Hearing. The proposed form of the Ordinance, and any proposed fiscal plan containing the provision of services to the area proposed to be annexed, may be reviewed at the office of the City Clerk-Treasurer, 300 West Lincoln Street, Nappanee, Indiana 46550, weekdays from 8:00am to 5:00pm.

Jeff Knight, Clerk-Treasurer

City of Nappanee, Indiana

January 6, 2020

2-20, hspaxlp



NOTICE OF PUBLIC HEARING

    Notice is hereby given to the Citizens of the Civil City of Nappanee, Elkhart County and Kosciusko County, State of Indiana, that the Common Council of the Civil City of Nappanee, on March 16, 2020 in the Council Chambers at the Nappanee Municipal Center, 300 West Lincoln Street, Nappanee, Indiana, will hold a Public Hearing on Ordinance No. 1567 to annex contiguous real estate into the corporate boundaries of the City of Nappanee, Indiana.

    The Public Hearing will be for Ordinance No. 1567, 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 therefore, this petition being filed by LFM Holdings, LLC, and Newmar Corporation. The real estate is more particularly described as follows:

    REAL ESTATE - Legal Description

    TRACT 1 - A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 26, TOWNSHIP 35 NORTH, RANGE 4 EAST, LOCKE TOWNSHIP, ELKHART COUNTY, INDIANA, IN ACCORDANCE WITH TITLE IAC:865 OF THE STATE OF INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

    COMMENCING AT A HARRISON MONUMENT FOUND FLUSH AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 26 AND ASSUMING THE MONUMENTED WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26 TO HAVE A BEARING OF SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST; THENCE SOUTH 89 DEGREES 51 MINUTES 47 SECONDS WEST (MEASURED) (RECORD BEARING-SOUTH 89 DEGREES 53 MINUTES 21 SECONDS WEST) ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 1451.71 FEET TO A MAG NAIL AND WASHER STAMPED “ABONMARCHE - 0050” AND THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 00 DEGREES 08 MINUTES 13 SECONDS EAST, PERPENDICULAR TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 453.14 FEET TO A REBAR WITH CAP STAMPED "ABONMARCHE-0050"; THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST, PARALLEL WITH SAID NORTH LINE AND ALONG THE SOUTH LINE OF A PARCEL OF LAND OWNED BY LYLE E. AND KAREN S. HOCHSTETLER AS SAID PROPERTY IS KNOWN AND RECORDED IN THE OFFICE OF THE RECORDER OF ELKHART COUNTY IN INSTRUMENT NUMBER 2004-29252, A DISTANCE OF 1125.02 FEET (MORE OR LESS) TO THE CENTERLINE OF BERLIN COURT DITCH LATERAL B, SAID CORNER MONUMENTED BY A REBAR WITH CAP “DORIOT”, BEING 25 FEET (MORE OR LESS) WEST OF SAID CENTERLINE; THENCE SOUTH 00 DEGREES 53 MINUTES 09 SECONDS EAST (MORE OR LESS), ALONG SAID LATERAL B CENTERLINE, A DISTANCE OF 1365.93 FEET (MORE OR LESS) TO THE INTERSECTION OF THE CENTERLINE OF LATERAL B WITH THE CENTERLINE OF BERLIN COURT DITCH, THE NEXT 4 COURSES BEING MORE OR LESS ALONG THE CENTERLINE OF SAID BERLIN COURT DITCH:  THENCE NORTH 79 DEGREES 26 MINUTES 32 SECONDS WEST, A DISTANCE OF 485.42 FEET;  THENCE NORTH 78 DEGREES 39 MINUTES 43 SECONDS WEST, A DISTANCE OF 318.48 FEET; THENCE NORTH 79 DEGREES 44 MINUTES 25 SECONDS WEST, A DISTANCE OF 410.12 FEET;  THENCE NORTH 79 DEGREES 07 MINUTES 24 SECONDS WEST, A DISTANCE OF 496.72 FEET TO A POINT IN THE MONUMENTED WEST LINE OF THE EAST HALF (E1/2) OF THE WEST (W1/2) OF SAID SOUTHEAST QUARTER (SE1/4), SAID POINT BEING WITNESSED BY A REBAR AND CAP STAMPED “ABONMARCHE-0050” BEING 15 FEET (MORE OR LESS) NORTH OF SAID CENTERLINE AND IN THE SAID MONUMENTED WEST LINE;  THENCE NORTH 00 DEGREES 01 MINUTES 12 SECONDS WEST ALONG SAID MONUMENTED WEST LINE, A DISTANCE OF 1043.47 FEET TO A REBAR WITH CAP STAMPED "ABONMARCHE-0050", SAID CORNER BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY LAWRENCE G. GREENE AS SAID PARCEL IS KNOWN AND RECORDED IN THE OFFICE OF THE RECORDER OF ELKHART COUNTY IN INSTRUMENT NUMBER 2006 25848; THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 383.97 FEET TO THE SOUTHEAST CORNER OF SAID GREENE PARCEL AND TO A REBAR WITH CAP STAMPED "ABONMARCHE-0050";  THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER (SE1/4), A DISTANCE OF 453.14 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE1/4), MONUMENTED BY A MAG NAIL AND WASHER STAMPED “ABONMARCHE-0050”; THENCE NORTH 89 DEGREES 51 MINUTES 47 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 150.00 FEET TO THE AFOREMENTIONED POINT OF BEGINNING.

    THE ABOVE DESCRIBED CONTAINING 47.732 ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIBED BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND PUBLIC RIGHTS OF WAY OF RECORD

    TRACT 2 - A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 35 NORTH, RANGE 4 EAST, ELKHART COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

    COMMENCING AT A RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 52 MINUTES 00 SECONDS WEST (RECORDED BEARING), ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER 1996.90 FEET; THENCE NORTH 00 DEGREES 09 MINUTES 51 SECONDS EAST, 465.50 FEET OF A 5/8-INCH IRON BAR AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 09 MINUTES 51 SECONDS EAST, 676.07 FEET, MORE OR LESS, TO THE CENTERLINE OF THE BERLIN COURT DITCH; THENCE SOUTH 79 DEGREES 06 MINUTES 35 SECONDS EAST, ALONG SAID DITCH CENTERLINE, 1611.77 FEET, MORE OF LESS; THENCE SOUTH 00 DEGREES 04 MINUTES 17 SECONDS EAST, 367.87 FEET, MORE OF LESS; THENCE SOUTH 89 DEGREES 52 MINUTES 00 SECONDS WEST, 1585.15 FEET TO THE POINT OF BEGINNING.

    THE ABOVE DESCRIBED CONTAINING 19.4 ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIBED BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND PUBLIC RIGHTS OF WAY OF RECORD

    Ordinance No. 1567 will be considered on second reading at this meeting and citizens will be given the opportunity to speak during the Public Hearing. The proposed form of the Ordinance, and any proposed fiscal plan containing the provision of services to the area proposed to be annexed, may be reviewed at the office of the City Clerk-Treasurer, 300 West Lincoln Street, Nappanee, Indiana 46550, weekdays from 8:00am to 5:00pm.

Jeff Knight, Clerk-Treasurer

City of Nappanee, Indiana

January 6, 2020

2-20, hspaxlp



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