Nappanee Ordinance No. 1567
March 31, 2020 at 6:12 p.m.
By -
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, LFM Holdings, LLC and Newmar Corporation, of certain parcels 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 two (2) tracts totaling approximately 67.1 acres, together with that area of County Road 52 which is contiguous to such parcel be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit:
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
ANNEXATION 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
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 R-1 Residential 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 filing and recording of this Ordinance pursuant to IC 36-4-3-22.
PASSED AND ORDAINED THIS 31st DAY OF MARCH 2020.
Jeff Knight, Clerk-Treasurer
PRESENTED TO ME AND APPROVED BY ME THIS 31st DAY OF MARCH 2020.
Phil Jenkins, Mayor
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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, LFM Holdings, LLC and Newmar Corporation, of certain parcels 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 two (2) tracts totaling approximately 67.1 acres, together with that area of County Road 52 which is contiguous to such parcel be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit:
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
ANNEXATION 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
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 R-1 Residential 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 filing and recording of this Ordinance pursuant to IC 36-4-3-22.
PASSED AND ORDAINED THIS 31st DAY OF MARCH 2020.
Jeff Knight, Clerk-Treasurer
PRESENTED TO ME AND APPROVED BY ME THIS 31st DAY OF MARCH 2020.
Phil Jenkins, Mayor
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