Napanee Ord 1599

January 19, 2022 at 2:56 p.m.

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ORDINANCE NO. 1599

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, Wa-Nee Community Schools, 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, containing approximately 55 acres, together with that area of County Road 150 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:

    Beginning at the Northeast corner of the Northwest Quarter of Section 30, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana, and assuming the South line of the Northwest Quarter of said Section 30 to bear due East and West; thence South 00 Degrees 00’46” West on the East line of the Northwest Quarter of said Section 30, a distance of 1673.70 feet to a capped iron on the North line of a tract of land deeded to WaNee Elementary School Corporation in deed recorded 90-13394 in the Office of the Recorder of Elkhart County Indiana; thence due West, on said North line, parallel with the South line of the Northwest Quarter of said Section 30, a distance of 673.00 feet to a 5/8” capped rebar on the West line of said WaNee School property; thence South 00 Degrees 00’46” West, on said West line, 307.31 feet to a 5/8” capped rebar; thence South 89 Degrees 44’47” West 647.98 feet to a 5/8” capped rebar on the West line of the East half of the Northwest Quarter of said Section 30; thence North 00 Degrees 02’09” East on said West line, 1971.88 feet to the Northwest corner of the East half of the Northwest Quarter of said Section 30; thence North 89 Degrees 28’46” East on the North line of the Northwest Quarter of said Section 30, a distance of 1320.24 feet to the point of beginning. Containing 55.15 acres, more or less. Subject to the public roadway. Subject to any and all facts that may be disclosed by a full and accurate title search.

    Parcel No. 20-14-30-126-003.000-028

    Property Address: 27593 County Rd 52, Nappanee, Indiana

    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 1st 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 18th DAY OF JANUARY 2022.      

Jeffrey P. Knight, Clerk-Treasurer

    PRESENTED TO ME AND APPROVED BY ME THIS 18th DAY OF JANUARY 2022.

Philip W. Jenkins, Mayor

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ORDINANCE NO. 1599

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, Wa-Nee Community Schools, 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, containing approximately 55 acres, together with that area of County Road 150 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:

    Beginning at the Northeast corner of the Northwest Quarter of Section 30, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana, and assuming the South line of the Northwest Quarter of said Section 30 to bear due East and West; thence South 00 Degrees 00’46” West on the East line of the Northwest Quarter of said Section 30, a distance of 1673.70 feet to a capped iron on the North line of a tract of land deeded to WaNee Elementary School Corporation in deed recorded 90-13394 in the Office of the Recorder of Elkhart County Indiana; thence due West, on said North line, parallel with the South line of the Northwest Quarter of said Section 30, a distance of 673.00 feet to a 5/8” capped rebar on the West line of said WaNee School property; thence South 00 Degrees 00’46” West, on said West line, 307.31 feet to a 5/8” capped rebar; thence South 89 Degrees 44’47” West 647.98 feet to a 5/8” capped rebar on the West line of the East half of the Northwest Quarter of said Section 30; thence North 00 Degrees 02’09” East on said West line, 1971.88 feet to the Northwest corner of the East half of the Northwest Quarter of said Section 30; thence North 89 Degrees 28’46” East on the North line of the Northwest Quarter of said Section 30, a distance of 1320.24 feet to the point of beginning. Containing 55.15 acres, more or less. Subject to the public roadway. Subject to any and all facts that may be disclosed by a full and accurate title search.

    Parcel No. 20-14-30-126-003.000-028

    Property Address: 27593 County Rd 52, Nappanee, Indiana

    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 1st 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 18th DAY OF JANUARY 2022.      

Jeffrey P. Knight, Clerk-Treasurer

    PRESENTED TO ME AND APPROVED BY ME THIS 18th DAY OF JANUARY 2022.

Philip W. Jenkins, Mayor

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