Nappanee Ord 1600
March 22, 2022 at 1:04 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 owner, Todd Cleveland, 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 two (2) tracts totaling approximately 5 acres, together with that area of Oakland Avenue which is contiguous to such parcels be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit:
See Exhibits A & B
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 Low Density 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 21st DAY OF MARCH 2022.
Jeffrey P. Knight, Clerk-Treasurer
PRESENTED TO ME AND APPROVED BY ME THIS 21st DAY OF MARCH 2022.
Philip W. Jenkins, Mayor
EXHIBIT A: LEGAL DESCRIPTION
TRACT 1: A part of the West One-half (W 1/2) of the Southwest Quarter SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana and being more particularly described as follows, to-wit:
Assume the West line of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana to have a bearing of North 0 degrees 00 minutes 00 seconds West (due North and South):
Commencing at the Southwest corner of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana (being a found County Monument); thence running North 0 degrees 00 minutes 00 seconds West (calculated) along the West line of said Southwest Quarter (SW 1/4), a distance of 1325.74 feet (calculated) to the POINT OF BEGINNING of this description (being a set railroad spike); thence continuing North 0 degrees 00 minutes 00 seconds along said West (calculated) along said West line of the Southwest Quarter (SW 1 /4 ), a distance of 270.14 feet (calculated) (being a set railroad spike); thence running South 90 degrees 00 minutes 00 seconds East (calculated), a distance of 403.50 feet (calculated) (being a set capped iron rod); thence running South 0 degrees 00 minutes 00 seconds East (calculated) (parallel with the West line of said Southwest Quarter (SW 1/4), a distance of 384.38 feet(calculated) (being a set capped iron rod); thence running North 90 degrees 00 minutes 00 seconds West (calculated), a distance of 189.77 feet (calculated) (being a set capped iron rod); thence running North 0 degrees 00 minutes 00 seconds West (calculated) (parallel with the West line of the Southwest Quarter (SW 1/4) of said Section 29), a distance of 114.24 feet (calculated) (being a set capped iron rod); thence running North 90 degrees 00 minutes 00 seconds West (calculated), a distance of 213.73 feet (calculated) to the aforementioned POINT OF BEGINNING.
The above described tract calculated to contain 3.00 acres, more or less.
TRACT 2:
A part of the West One-Half (W 1/2) of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Towns hip, Elkhart County, Indiana, and being more particularly described as follows, to-wit:
Assume the West line of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana to have a bearing of North 0°00'00" West (due North and South):
Commencing at the Southwest corner of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana (being a found County Monument); thence running North 0° 00' 00" West (calculated) along the West line of said Southwest Quarter (SW 1/4), a distance of 1056.01 feet (calculated) to the POINT OF BEGINNING of this description (being a found railroad spike) [also being the Northwest corner of Instrument Number 88-022271 as recorded in the Office of the Recorder of Elkhart County, Indiana (Warranty Deed from Hopewell to Fairmont Homes, Inc. recorded on November 23, 1988)]; thence continuing North 0°00'00" West (calculated) along said West line of the Southwest Quarter (SW 1/4), a distance of 269.64 feet (calculated) (being a set railroad spike); thence running South 90° 00'00" East (calculated), a distance of 213.73 feet (calculated) (being a set capped iron rod); thence running South 0° 00' 00" East (calculated) (parallel with the West line of the Southwest Quarter (SW 1/4) of said Section 29), a distance of 114.24 feet (calculated) (being a set capped iron rod); thence running South 90° 00' 00" East (calculated), a distance of 189. 77 feet (calculated) (being a set capped iron rod); thence running South 0° 00'00" East (calculated) (parallel with the West line of said Southwest Quarter (SW 1/4), a distance of 155.4 feet (more or less) to a point located on the North line of Instrument Number 88-022271 as recorded in the Office of the Recorder of Elkhart County, Indiana (Warranty Deed from Hopewell to Fairmont Homes, Inc. recorded on November 23, 1988); thence running Westerly along the North line of said Instrument Number 88-022271, a distance of 403.5 feet, more or less, to the aforementioned POINT OF BEGINNING,
The above described tract calculated to contain 2.0 acres, more or less.
3-25 hspaxlp
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, Todd Cleveland, 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 two (2) tracts totaling approximately 5 acres, together with that area of Oakland Avenue which is contiguous to such parcels be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit:
See Exhibits A & B
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 Low Density 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 21st DAY OF MARCH 2022.
Jeffrey P. Knight, Clerk-Treasurer
PRESENTED TO ME AND APPROVED BY ME THIS 21st DAY OF MARCH 2022.
Philip W. Jenkins, Mayor
EXHIBIT A: LEGAL DESCRIPTION
TRACT 1: A part of the West One-half (W 1/2) of the Southwest Quarter SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana and being more particularly described as follows, to-wit:
Assume the West line of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana to have a bearing of North 0 degrees 00 minutes 00 seconds West (due North and South):
Commencing at the Southwest corner of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana (being a found County Monument); thence running North 0 degrees 00 minutes 00 seconds West (calculated) along the West line of said Southwest Quarter (SW 1/4), a distance of 1325.74 feet (calculated) to the POINT OF BEGINNING of this description (being a set railroad spike); thence continuing North 0 degrees 00 minutes 00 seconds along said West (calculated) along said West line of the Southwest Quarter (SW 1 /4 ), a distance of 270.14 feet (calculated) (being a set railroad spike); thence running South 90 degrees 00 minutes 00 seconds East (calculated), a distance of 403.50 feet (calculated) (being a set capped iron rod); thence running South 0 degrees 00 minutes 00 seconds East (calculated) (parallel with the West line of said Southwest Quarter (SW 1/4), a distance of 384.38 feet(calculated) (being a set capped iron rod); thence running North 90 degrees 00 minutes 00 seconds West (calculated), a distance of 189.77 feet (calculated) (being a set capped iron rod); thence running North 0 degrees 00 minutes 00 seconds West (calculated) (parallel with the West line of the Southwest Quarter (SW 1/4) of said Section 29), a distance of 114.24 feet (calculated) (being a set capped iron rod); thence running North 90 degrees 00 minutes 00 seconds West (calculated), a distance of 213.73 feet (calculated) to the aforementioned POINT OF BEGINNING.
The above described tract calculated to contain 3.00 acres, more or less.
TRACT 2:
A part of the West One-Half (W 1/2) of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Towns hip, Elkhart County, Indiana, and being more particularly described as follows, to-wit:
Assume the West line of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana to have a bearing of North 0°00'00" West (due North and South):
Commencing at the Southwest corner of the Southwest Quarter (SW 1/4) of Section 29, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana (being a found County Monument); thence running North 0° 00' 00" West (calculated) along the West line of said Southwest Quarter (SW 1/4), a distance of 1056.01 feet (calculated) to the POINT OF BEGINNING of this description (being a found railroad spike) [also being the Northwest corner of Instrument Number 88-022271 as recorded in the Office of the Recorder of Elkhart County, Indiana (Warranty Deed from Hopewell to Fairmont Homes, Inc. recorded on November 23, 1988)]; thence continuing North 0°00'00" West (calculated) along said West line of the Southwest Quarter (SW 1/4), a distance of 269.64 feet (calculated) (being a set railroad spike); thence running South 90° 00'00" East (calculated), a distance of 213.73 feet (calculated) (being a set capped iron rod); thence running South 0° 00' 00" East (calculated) (parallel with the West line of the Southwest Quarter (SW 1/4) of said Section 29), a distance of 114.24 feet (calculated) (being a set capped iron rod); thence running South 90° 00' 00" East (calculated), a distance of 189. 77 feet (calculated) (being a set capped iron rod); thence running South 0° 00'00" East (calculated) (parallel with the West line of said Southwest Quarter (SW 1/4), a distance of 155.4 feet (more or less) to a point located on the North line of Instrument Number 88-022271 as recorded in the Office of the Recorder of Elkhart County, Indiana (Warranty Deed from Hopewell to Fairmont Homes, Inc. recorded on November 23, 1988); thence running Westerly along the North line of said Instrument Number 88-022271, a distance of 403.5 feet, more or less, to the aforementioned POINT OF BEGINNING,
The above described tract calculated to contain 2.0 acres, more or less.
3-25 hspaxlp
Have a news tip? Email [email protected] or Call/Text 360-922-3092