Nappanee Ordinance 1587

June 23, 2021 at 11:52 a.m.

By -

ORDINANCE NO. 1587

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, Showalter Investments LLC , 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) parcels, 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:

    PARCEL 1

    A PART OF THE WEST ONE-HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 32, TOWNSHIP 35 NORTH, RANGE 5 EAST, OF THE SECOND P.M., UNION TOWNSHIP, ELKHART COUNTY, INDIANA, DESCRIBED MORE PARTICULARLY AS FOLLOWS:

    COMMENCING AT THE NORTHWEST CORNER OF THE AFORESAID SOUTHEAST QUARTER (SE 1/4) AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) 665 FEET; THENCE SOUTH ZERO (0) DEGREES SEVEN (7) MINUTES WEST, PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER (SE 1/4) 400 FEET TO AN IRON PIPE FOR THE BEGINNING POINT OF THIS DESCRIPTION; THENCE CONTINUING SOUTH ON SAID BEARING 100 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) 300 FEET; THENCE NORTH ZERO (0) DEGREES SEVEN (7) MINUTES EAST PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER (SE 1/4) 100 FEET; THENCE EAST 300 FEET TO THE POINT OF BEGINNING.

    PARCEL 2

    A PART OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION THIRTY-TWO (32), TOWNSHIP THIRTY-FIVE (35) NORTH, RANGE FIVE (5) EAST, MORE FULLY DESCRIBED AS FOLLOWS:  COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION THIRTY-TWO (32) AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER (1/4) SECTION THREE HUNDRED (300) FEET TO THE POINT OF BEGINNING; THENCE SOUTH ZERO (0) DEGREES SEVEN (7) MINUTES WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER (1/4) SECTION FIVE HUNDRED (500) FEET; THENCE EAST A DISTANCE OF FIFTY-FIVE (55) FEET; THENCE NORTH ZERO (0) DEGREES SEVEN (7) MINUTES WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER (1/4) SECTION FIVE HUNDRED (500) FEET; THENCE WEST ALONG THE NORTH LINE OF THE SAID SOUTHEAST QUARTER (SE 1/4) FIFTY-FIVE (55) FEET TO THE POINT OF BEGINNING.

    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 21st DAY OF JUNE 2021.             

Jeff Knight, Clerk-Treasurer

PRESENTED TO ME AND APPROVED BY ME THIS

21ST DAY OF JUNE 2021.

Phil Jenkins, Mayor

6-25 hspaxlp



ORDINANCE NO. 1587

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, Showalter Investments LLC , 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) parcels, 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:

    PARCEL 1

    A PART OF THE WEST ONE-HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 32, TOWNSHIP 35 NORTH, RANGE 5 EAST, OF THE SECOND P.M., UNION TOWNSHIP, ELKHART COUNTY, INDIANA, DESCRIBED MORE PARTICULARLY AS FOLLOWS:

    COMMENCING AT THE NORTHWEST CORNER OF THE AFORESAID SOUTHEAST QUARTER (SE 1/4) AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) 665 FEET; THENCE SOUTH ZERO (0) DEGREES SEVEN (7) MINUTES WEST, PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER (SE 1/4) 400 FEET TO AN IRON PIPE FOR THE BEGINNING POINT OF THIS DESCRIPTION; THENCE CONTINUING SOUTH ON SAID BEARING 100 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE 1/4) 300 FEET; THENCE NORTH ZERO (0) DEGREES SEVEN (7) MINUTES EAST PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER (SE 1/4) 100 FEET; THENCE EAST 300 FEET TO THE POINT OF BEGINNING.

    PARCEL 2

    A PART OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION THIRTY-TWO (32), TOWNSHIP THIRTY-FIVE (35) NORTH, RANGE FIVE (5) EAST, MORE FULLY DESCRIBED AS FOLLOWS:  COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION THIRTY-TWO (32) AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER (1/4) SECTION THREE HUNDRED (300) FEET TO THE POINT OF BEGINNING; THENCE SOUTH ZERO (0) DEGREES SEVEN (7) MINUTES WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER (1/4) SECTION FIVE HUNDRED (500) FEET; THENCE EAST A DISTANCE OF FIFTY-FIVE (55) FEET; THENCE NORTH ZERO (0) DEGREES SEVEN (7) MINUTES WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER (1/4) SECTION FIVE HUNDRED (500) FEET; THENCE WEST ALONG THE NORTH LINE OF THE SAID SOUTHEAST QUARTER (SE 1/4) FIFTY-FIVE (55) FEET TO THE POINT OF BEGINNING.

    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 21st DAY OF JUNE 2021.             

Jeff Knight, Clerk-Treasurer

PRESENTED TO ME AND APPROVED BY ME THIS

21ST DAY OF JUNE 2021.

Phil Jenkins, Mayor

6-25 hspaxlp



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