Nappanee Ord 1598

December 21, 2021 at 6:07 p.m.

By -

ORDINANCE NO. 1598

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 owner, Jamie Corporation, 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, together with that area US 6 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:

    A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 35 NORTH, RANGE 4 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

    BEGINNING AT THE NORTHWEST COMER OF THE NORTHWEST QUARTER OF SAID SECTION 35, TOWNSHIP AND RANGE AFORESAID, AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 973.5 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID QUARTER SECTION TO THE NORTH LINE OF THE B & 0 RAILROAD RIGHT OF WAY; THENCE WESTWARDLY ALONG THE NORTH LINE OF SAID RAILROAD RIGHT OF WAY TO THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 35 TO THE POINT OF BEGINNING. CONTAINING 51 ACRES MORE OR LESS.

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

    BEGINNING AT A STONE MARKING THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH O DEGREES 12 MINUTES 49 SECONDS EAST 1715.80 FEET ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO A REBAR; THENCE SOUTH 84 DEGREES 23 MINUTES 8 SECONDS EAST, 985.95 FEET TO A REBAR; THENCE NORTH 0 DEGREES 12 MINUTES 49 SECONDS WEST 1816.30 FEET TO A REBAR ON THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 49 SECONDS WEST 980.85 FEET ALONG THE LAST DESCRIBED LINE, TO THE POINT OF BEGINNING.

    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 20th DAY OF DECEMBER 2021.          

Jeff Knight, Clerk-Treasurer

    PRESENTED TO ME AND APPROVED BY ME THIS 20TH DAY OF DECEMBER 2021.

Phil Jenkins, Mayor

12-24 hspaxlp



ORDINANCE NO. 1598

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 owner, Jamie Corporation, 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, together with that area US 6 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:

    A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 35 NORTH, RANGE 4 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

    BEGINNING AT THE NORTHWEST COMER OF THE NORTHWEST QUARTER OF SAID SECTION 35, TOWNSHIP AND RANGE AFORESAID, AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 973.5 FEET; THENCE SOUTH PARALLEL WITH WEST LINE OF SAID QUARTER SECTION TO THE NORTH LINE OF THE B & 0 RAILROAD RIGHT OF WAY; THENCE WESTWARDLY ALONG THE NORTH LINE OF SAID RAILROAD RIGHT OF WAY TO THE WEST LINE OF SAID NORTHWEST QUARTER OF SAID SECTION 35; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 35 TO THE POINT OF BEGINNING. CONTAINING 51 ACRES MORE OR LESS.

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

    BEGINNING AT A STONE MARKING THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH O DEGREES 12 MINUTES 49 SECONDS EAST 1715.80 FEET ALONG THE WEST LINE OF SAID NORTHWEST QUARTER TO A REBAR; THENCE SOUTH 84 DEGREES 23 MINUTES 8 SECONDS EAST, 985.95 FEET TO A REBAR; THENCE NORTH 0 DEGREES 12 MINUTES 49 SECONDS WEST 1816.30 FEET TO A REBAR ON THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 49 SECONDS WEST 980.85 FEET ALONG THE LAST DESCRIBED LINE, TO THE POINT OF BEGINNING.

    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 20th DAY OF DECEMBER 2021.          

Jeff Knight, Clerk-Treasurer

    PRESENTED TO ME AND APPROVED BY ME THIS 20TH DAY OF DECEMBER 2021.

Phil Jenkins, Mayor

12-24 hspaxlp



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