Winona Lake Annexation
July 22, 2020 at 3:36 p.m.
By -
Annexation Ordinance
WHEREAS, the owners of land comprising a certain territory located outside of, but contiguous to the Town of Winona Lake, Indiana, have filed a petition with the Town Council on May 28, 2020 requesting that the territory be annexed to the municipality, and
WHEREAS, said petition was filed by 100% of the owners of the land within the territory, and
WHEREAS, in accordance with I.C. 36-4-3-1.5 more than 16% of the external boundaries of the territory are contiguous with the boundaries of the Town of Winona Lake, Indiana, and
WHEREAS, consent to the annexation by the City of Warsaw, Indiana was not necessary in accordance with I.C. 36-4-3-9 due to the petition being filed by 100% of the owners of land within the territory under I.C. 36-4-3-5.1, and
WHEREAS, in accordance with I.C. 36-4-3-5.1 and I.C. 5-3-1 notice of a public hearing was advertised, and a public hearing was held on June 23, 2020 at 6:00 pm at a special meeting of the Town Council, and
WHEREAS, the Town Council, after giving due consideration to the petition for voluntary annexation, has determined that said petition should be granted and this Ordinance should be adopted, and has determined the zoning and legislative body district to which the territory should be assigned.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WINONA LAKE, INDIANA, AS FOLLOWS:
1. The following described real estate be and hereby is annexed into the municipal territory of the Town of Winona Lake, Indiana in accordance with I.C. 36-4-3 et seq., effective upon completion of publication of this ordinance. The Real Estate is described as follows:
This description, prepared by Aaron J. Carl, Professional Surveyor License Number LS20800123 and employed by T-E Incorporated, was created as part of a Retracement Survey for Job No. 19004 on February 26, 2020. Part of the Northwest Quarter of Section 25 and the Northeast Quarter of Section 26, Township 32 North, Range 6 East, Wayne Township, Kosciusko County, Indiana, also being a tract of land conveyed to Raccoon Run Golf Enterprises, LLC by Documents 98-07-0930 and 2000091224, also being a tract of land conveyed to Raccoon Run Golf Club, LLC by Document 99-10-0284, also being tract VII and part of tracts I and VI conveyed to Stonehenge Golf Club, LLC by Document 98-02-0835 (all documents in this description are as recorded in the Office of the Recorder of Kosciusko County), and more particularly described as follows:
Beginning at the Northwest corner of said Section 25, being marked by a Chiseled “X” in Concrete; thence South 00 degrees 05 minutes 12 seconds East (being the basis of all bearings this description), on and along the West line of said Northwest Quarter, also being the West line of tracts of land conveyed to Ryan N. Phelps by Document 2015070551 and Joe and Kelly Bradley by Document 2000088457, a distance of 240.59 feet to the Southwest corner of said Bradley tract; thence North 88 degrees 40 minutes 22 seconds East, on and along the South line of said Bradley tract, a distance of 219.81 feet to the Southeast corner of said Bradley tract, being marked by a 1-inch diameter pipe; thence North 00 degrees 07 minutes 12 seconds West, on and along the East line of said Bradley and Phelps tracts, a distance of 242.02 feet to the North line of said Northwest Quarter, also being the Northeast corner of said Phelps tract, being marked by a 5/8-inch diameter rebar with an identification cap stamped “T-E INC FIRM #0070” (from herein referred to as “T-E Cap”); thence North 88 degrees 17 minutes 54 seconds East, on and along said North line, a distance of 308.10 feet to the centerline of Pierceton Road, being marked by a Mag Spike with an identification disk stamped “T-E INC FIRM #0070” (from herein referred to as “T-E Mag”); thence Southeasterly, on and along said centerline, being a curve concave to the North, having an arc length of 11.41 feet, a chord length of 11.41 feet, a chord bearing South 63 degrees 44 minutes 16 seconds East, and a radius of 1422.30 feet to the Northwest corner of a tract of land conveyed to Denitza J. Fisher by Document 2017050631, being marked by a “T-E Mag”; thence South 18 degrees 48 minutes 28 seconds West, on and along the West line of said Fisher tract, a distance of 149.91 feet to a deflection in said West line, being marked by a 5/8-inch diameter rebar with a Walker identification cap (from herein referred to as “Walker Cap”); thence South 04 degrees 36 minute 30 seconds West, on and along said West line, a distance of 32.00 feet to the Southwest corner of said Fisher tract, being marked by a “Walker Cap”; thence South 75 degrees 57 minutes 32 seconds East, on and along the South line of said Fisher tract, a distance 156.27 feet to the Southeast corner of said Fisher tract, being marked by a “Walker Cap”; thence North 15 degrees 40 minutes 37 seconds East, on and along the East line of said Fisher tract, a distance of 155.96 feet to the centerline of Pierceton Road, also being the Northeast corner of said Fisher tract, being marked by a “T-E Mag”; thence North 67 degrees 56 minutes 44 seconds West, on and along said centerline, also being the North line of said Fisher tract, a distance of 56.61 feet to the point of beginning of a curve, being marked by a “T-E Mag”; thence Northwesterly, on and along said centerline, also being the North line of said Fisher tract, being on a curve concave to the North, having an arc length of 110.39 feet, a chord length of 110.36 feet, a chord bearing North 65 degrees 43 minutes 53 seconds West, and a radius of 1422.30 feet to the North line of said Northwest Quarter, being marked by a “T-E Mag”; thence North 88 degrees 17 minutes 54 seconds East, on and along said North line, a distance of 436.17 feet to Northwest corner of a tract of land conveyed to Trinity R. McDaniel by Document 2018030352, being marked by a “T-E Cap”; thence South 17 degrees 16 minutes 18 seconds West, on and along the West line of said McDaniel’s tract, a distance of 179.97 feet to the centerline of Pierceton Road, also being the Southwest corner of said McDaniel’s tract, being marked by a Mag Nail; thence South 68 degrees 05 minutes 29 seconds East, on and along said centerline, also being the South line of said McDaniel’s tract, a distance of 280.95 feet to the Northwest corner of a tract of land conveyed to Daniel M. Zolman by Document 2008090870, being marked by a mag nail with a Huffman identification disk; thence South 00 degrees 00 minutes 33 seconds West, on and along the West line of said Zolman tract, a distance of 262.87 feet to the Southwest corner of said Zolman tract, being marked
by a “Walker Cap”; thence South 84 degrees 36 minutes 04 seconds East, on and along the South line of said Zolman tract, a distance of 149.80 feet to the East line of the West Half of said Northwest Quarter, also being the Southeast corner of said Zolman tract, being marked by a “Walker Cap”; thence South 00 degrees 01 minutes 50 seconds West, on and along the East line of the West Half of said Northwest Quarter, a distance of 2091.98 feet to the Southeast corner of the West Half of said Northwest Quarter, being marked by a railroad rail post; thence South 89 degrees 29 minutes 30 seconds West, on and along the South line of said Northwest Quarter, a distance of 1314.84 feet to the West Quarter corner of said Section 25, being marked by a 10-inch wood corner post; thence North 00 degrees 05 minutes 12 seconds West, on and along the West line of said Northwest Quarter, a distance of 1104.21 feet to the Northeast corner of Bogey Village, as recorded in Plat Book 11, page 87, being marked by a “T-E Cap”; thence South 88 degrees 15 minutes 39 seconds West, on and along the North line of said Bogey Village, a distance of 1333.01 feet to the West line of the East Half of said Northeast Quarter, also being the Northwest corner of said Bogey Village, being marked by a “T-E Mag”; thence North 00 degrees 09 minutes 03 seconds West, on and along the West line of the East Half of said Northeast Quarter, a distance of 633.24 feet to the Southwest corner of a tract of land conveyed to Terry L. and Susan J. Himes by Deed Book 301, page 196, being marked by a “T-E Mag”; thence North 89 degrees 09 minutes 07 seconds East, on and along the South line of said Himes tract, a distance of 668.20 feet to the Southeast corner of said Himes tract, being marked by a 10-inch square wood post; thence North 00 degrees 07 minutes 14 seconds West, on and along the East line of said Himes tract, a distance of 209.03 feet to the Northeast corner of said Himes tract, also being the Southeast corner of a tract of land conveyed to Arron and Callie Patrick by Document 2019090254, being marked by a railroad rail post; thence North 08 degrees 38 minutes 32 seconds West, on and along the East line of said Patrick tract, a distance of 137.10 feet to a deflection in said East line, being marked by a 5/8-inch diameter rebar; thence North 01 degrees 00 minutes 55 seconds East, on and along said East line, a distance of 130.64 feet to the Northeast corner of said Patrick tract, being marked by a “Walker Cap”; thence North 83 degrees 53 minutes 01 seconds West, on and along the North line of said Patrick tract, a distance of 132.66 feet to a deflection in said North line, being marked by a 5/8-inch diameter rebar; thence North 55 degrees 24 minutes 53 seconds West, on and along said North line, a distance of 189.48 feet to a deflection in said North line, being marked by a 5/8-inch diameter rebar with a McCrea identification cap; thence South 89 degrees 53 minutes 52 seconds West, on and along said North line, a distance of 363.10 feet to the West line of the East Half of said Northeast Quarter, also being the Northwest corner of said Patrick tract, being marked by a “T-E Mag”; thence North 00 degrees 09 minutes 03 seconds West, on and along the West line of the East Half of said Northeast Quarter, a distance of 303.85 feet to the Northwest corner of the East Half of said Northeast Quarter, being marked by a “T-E Mag”; thence North 89 degrees 04 minutes 03 seconds East, on and along the North line of said Northeast Quarter, a distance of 1334.33 feet to the Point of Beginning, containing 113.338 acres, of land more or less.
2. The area shall be zoned single family residential, “RA” under the zoning ordinance of the Town of Winona Lake, Indiana.
3. The area shall be located in legislative body District II.
4. This ordinance shall take effect thirty (30) days after publication, in the absence of an appeal under I.C. 36-4-3-15.5 and upon filing of a certified copy of the ordinance with the Kosciusko County Auditor, Kosciusko County Circuit Clerk, Board of Registration and the State Board of Tax Commissioners.
Passed and adopted this 21st day of July 2020, by the Town Council of the Town of Winona
Lake, Indiana.
WINONA LAKE TOWN COUNCIL
AYE NAY
Rick Swaim, President Rick Swaim, President
Dennis Duncan, Vice-President Dennis Duncan, Vice-President
James Lancaster, Council Member James Lancaster, Council Member
Heather James, Council Member Heather James, Council Member
James Zachary, Council Member James Zachary, Council Member
ATTEST: Kent Adams, Clerk-Treasurer
Town of Winona Lake
7-24 hspaxlp
Annexation Ordinance
WHEREAS, the owners of land comprising a certain territory located outside of, but contiguous to the Town of Winona Lake, Indiana, have filed a petition with the Town Council on May 28, 2020 requesting that the territory be annexed to the municipality, and
WHEREAS, said petition was filed by 100% of the owners of the land within the territory, and
WHEREAS, in accordance with I.C. 36-4-3-1.5 more than 16% of the external boundaries of the territory are contiguous with the boundaries of the Town of Winona Lake, Indiana, and
WHEREAS, consent to the annexation by the City of Warsaw, Indiana was not necessary in accordance with I.C. 36-4-3-9 due to the petition being filed by 100% of the owners of land within the territory under I.C. 36-4-3-5.1, and
WHEREAS, in accordance with I.C. 36-4-3-5.1 and I.C. 5-3-1 notice of a public hearing was advertised, and a public hearing was held on June 23, 2020 at 6:00 pm at a special meeting of the Town Council, and
WHEREAS, the Town Council, after giving due consideration to the petition for voluntary annexation, has determined that said petition should be granted and this Ordinance should be adopted, and has determined the zoning and legislative body district to which the territory should be assigned.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WINONA LAKE, INDIANA, AS FOLLOWS:
1. The following described real estate be and hereby is annexed into the municipal territory of the Town of Winona Lake, Indiana in accordance with I.C. 36-4-3 et seq., effective upon completion of publication of this ordinance. The Real Estate is described as follows:
This description, prepared by Aaron J. Carl, Professional Surveyor License Number LS20800123 and employed by T-E Incorporated, was created as part of a Retracement Survey for Job No. 19004 on February 26, 2020. Part of the Northwest Quarter of Section 25 and the Northeast Quarter of Section 26, Township 32 North, Range 6 East, Wayne Township, Kosciusko County, Indiana, also being a tract of land conveyed to Raccoon Run Golf Enterprises, LLC by Documents 98-07-0930 and 2000091224, also being a tract of land conveyed to Raccoon Run Golf Club, LLC by Document 99-10-0284, also being tract VII and part of tracts I and VI conveyed to Stonehenge Golf Club, LLC by Document 98-02-0835 (all documents in this description are as recorded in the Office of the Recorder of Kosciusko County), and more particularly described as follows:
Beginning at the Northwest corner of said Section 25, being marked by a Chiseled “X” in Concrete; thence South 00 degrees 05 minutes 12 seconds East (being the basis of all bearings this description), on and along the West line of said Northwest Quarter, also being the West line of tracts of land conveyed to Ryan N. Phelps by Document 2015070551 and Joe and Kelly Bradley by Document 2000088457, a distance of 240.59 feet to the Southwest corner of said Bradley tract; thence North 88 degrees 40 minutes 22 seconds East, on and along the South line of said Bradley tract, a distance of 219.81 feet to the Southeast corner of said Bradley tract, being marked by a 1-inch diameter pipe; thence North 00 degrees 07 minutes 12 seconds West, on and along the East line of said Bradley and Phelps tracts, a distance of 242.02 feet to the North line of said Northwest Quarter, also being the Northeast corner of said Phelps tract, being marked by a 5/8-inch diameter rebar with an identification cap stamped “T-E INC FIRM #0070” (from herein referred to as “T-E Cap”); thence North 88 degrees 17 minutes 54 seconds East, on and along said North line, a distance of 308.10 feet to the centerline of Pierceton Road, being marked by a Mag Spike with an identification disk stamped “T-E INC FIRM #0070” (from herein referred to as “T-E Mag”); thence Southeasterly, on and along said centerline, being a curve concave to the North, having an arc length of 11.41 feet, a chord length of 11.41 feet, a chord bearing South 63 degrees 44 minutes 16 seconds East, and a radius of 1422.30 feet to the Northwest corner of a tract of land conveyed to Denitza J. Fisher by Document 2017050631, being marked by a “T-E Mag”; thence South 18 degrees 48 minutes 28 seconds West, on and along the West line of said Fisher tract, a distance of 149.91 feet to a deflection in said West line, being marked by a 5/8-inch diameter rebar with a Walker identification cap (from herein referred to as “Walker Cap”); thence South 04 degrees 36 minute 30 seconds West, on and along said West line, a distance of 32.00 feet to the Southwest corner of said Fisher tract, being marked by a “Walker Cap”; thence South 75 degrees 57 minutes 32 seconds East, on and along the South line of said Fisher tract, a distance 156.27 feet to the Southeast corner of said Fisher tract, being marked by a “Walker Cap”; thence North 15 degrees 40 minutes 37 seconds East, on and along the East line of said Fisher tract, a distance of 155.96 feet to the centerline of Pierceton Road, also being the Northeast corner of said Fisher tract, being marked by a “T-E Mag”; thence North 67 degrees 56 minutes 44 seconds West, on and along said centerline, also being the North line of said Fisher tract, a distance of 56.61 feet to the point of beginning of a curve, being marked by a “T-E Mag”; thence Northwesterly, on and along said centerline, also being the North line of said Fisher tract, being on a curve concave to the North, having an arc length of 110.39 feet, a chord length of 110.36 feet, a chord bearing North 65 degrees 43 minutes 53 seconds West, and a radius of 1422.30 feet to the North line of said Northwest Quarter, being marked by a “T-E Mag”; thence North 88 degrees 17 minutes 54 seconds East, on and along said North line, a distance of 436.17 feet to Northwest corner of a tract of land conveyed to Trinity R. McDaniel by Document 2018030352, being marked by a “T-E Cap”; thence South 17 degrees 16 minutes 18 seconds West, on and along the West line of said McDaniel’s tract, a distance of 179.97 feet to the centerline of Pierceton Road, also being the Southwest corner of said McDaniel’s tract, being marked by a Mag Nail; thence South 68 degrees 05 minutes 29 seconds East, on and along said centerline, also being the South line of said McDaniel’s tract, a distance of 280.95 feet to the Northwest corner of a tract of land conveyed to Daniel M. Zolman by Document 2008090870, being marked by a mag nail with a Huffman identification disk; thence South 00 degrees 00 minutes 33 seconds West, on and along the West line of said Zolman tract, a distance of 262.87 feet to the Southwest corner of said Zolman tract, being marked
by a “Walker Cap”; thence South 84 degrees 36 minutes 04 seconds East, on and along the South line of said Zolman tract, a distance of 149.80 feet to the East line of the West Half of said Northwest Quarter, also being the Southeast corner of said Zolman tract, being marked by a “Walker Cap”; thence South 00 degrees 01 minutes 50 seconds West, on and along the East line of the West Half of said Northwest Quarter, a distance of 2091.98 feet to the Southeast corner of the West Half of said Northwest Quarter, being marked by a railroad rail post; thence South 89 degrees 29 minutes 30 seconds West, on and along the South line of said Northwest Quarter, a distance of 1314.84 feet to the West Quarter corner of said Section 25, being marked by a 10-inch wood corner post; thence North 00 degrees 05 minutes 12 seconds West, on and along the West line of said Northwest Quarter, a distance of 1104.21 feet to the Northeast corner of Bogey Village, as recorded in Plat Book 11, page 87, being marked by a “T-E Cap”; thence South 88 degrees 15 minutes 39 seconds West, on and along the North line of said Bogey Village, a distance of 1333.01 feet to the West line of the East Half of said Northeast Quarter, also being the Northwest corner of said Bogey Village, being marked by a “T-E Mag”; thence North 00 degrees 09 minutes 03 seconds West, on and along the West line of the East Half of said Northeast Quarter, a distance of 633.24 feet to the Southwest corner of a tract of land conveyed to Terry L. and Susan J. Himes by Deed Book 301, page 196, being marked by a “T-E Mag”; thence North 89 degrees 09 minutes 07 seconds East, on and along the South line of said Himes tract, a distance of 668.20 feet to the Southeast corner of said Himes tract, being marked by a 10-inch square wood post; thence North 00 degrees 07 minutes 14 seconds West, on and along the East line of said Himes tract, a distance of 209.03 feet to the Northeast corner of said Himes tract, also being the Southeast corner of a tract of land conveyed to Arron and Callie Patrick by Document 2019090254, being marked by a railroad rail post; thence North 08 degrees 38 minutes 32 seconds West, on and along the East line of said Patrick tract, a distance of 137.10 feet to a deflection in said East line, being marked by a 5/8-inch diameter rebar; thence North 01 degrees 00 minutes 55 seconds East, on and along said East line, a distance of 130.64 feet to the Northeast corner of said Patrick tract, being marked by a “Walker Cap”; thence North 83 degrees 53 minutes 01 seconds West, on and along the North line of said Patrick tract, a distance of 132.66 feet to a deflection in said North line, being marked by a 5/8-inch diameter rebar; thence North 55 degrees 24 minutes 53 seconds West, on and along said North line, a distance of 189.48 feet to a deflection in said North line, being marked by a 5/8-inch diameter rebar with a McCrea identification cap; thence South 89 degrees 53 minutes 52 seconds West, on and along said North line, a distance of 363.10 feet to the West line of the East Half of said Northeast Quarter, also being the Northwest corner of said Patrick tract, being marked by a “T-E Mag”; thence North 00 degrees 09 minutes 03 seconds West, on and along the West line of the East Half of said Northeast Quarter, a distance of 303.85 feet to the Northwest corner of the East Half of said Northeast Quarter, being marked by a “T-E Mag”; thence North 89 degrees 04 minutes 03 seconds East, on and along the North line of said Northeast Quarter, a distance of 1334.33 feet to the Point of Beginning, containing 113.338 acres, of land more or less.
2. The area shall be zoned single family residential, “RA” under the zoning ordinance of the Town of Winona Lake, Indiana.
3. The area shall be located in legislative body District II.
4. This ordinance shall take effect thirty (30) days after publication, in the absence of an appeal under I.C. 36-4-3-15.5 and upon filing of a certified copy of the ordinance with the Kosciusko County Auditor, Kosciusko County Circuit Clerk, Board of Registration and the State Board of Tax Commissioners.
Passed and adopted this 21st day of July 2020, by the Town Council of the Town of Winona
Lake, Indiana.
WINONA LAKE TOWN COUNCIL
AYE NAY
Rick Swaim, President Rick Swaim, President
Dennis Duncan, Vice-President Dennis Duncan, Vice-President
James Lancaster, Council Member James Lancaster, Council Member
Heather James, Council Member Heather James, Council Member
James Zachary, Council Member James Zachary, Council Member
ATTEST: Kent Adams, Clerk-Treasurer
Town of Winona Lake
7-24 hspaxlp
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