CITY OF WARSAW - ORDINANCE 2011-03-05 - ANNEXING

July 28, 2016 at 4:25 p.m.

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ORDINANCE NUMBER 2011-03-05
AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE CITY OF WARSAW, INDIANA
    WHEREAS, Patricia H. Sommers Trust ("Owner"), have petitioned the Common Council of the City of Warsaw, Indiana ("Common Council") to annex certain real estate into the municipal territory of the City of Warsaw, Indiana pursuant to Indiana Code 36-4-3-5.1; and
    WHEREAS, Owners are the owners of 100% of the land in the territory sought to be annexed and 100% of the total assessed value of the land for property tax purposes; and
    WHEREAS, a Petition for Voluntary Annexation was introduced to the Common Council of the City of Warsaw on February 22, 2011, and public hearing was scheduled for the annexation on March 21,2011; Publication of Public Hearing Notice appeared in the Warsaw Times-Union on March 1, 2011 for the annexation. The public hearing on the annexation was held at a regular meeting of the Common Council on March 21, 2011. The fiscal plan was presented and approved by the Common Council of the City of Warsaw, Indiana, concurrent with the adoption of the Ordinance on April 4, 2011; and
    WHEREAS, the Common Council of the City of Warsaw, Indiana, has determined that the areas should be annexed to the City of Warsaw, Indiana.
    NOW, THEREFORE, BE IT ORDAINED BY IF THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA:
    1. That the following described real estate be, and it hereby is, annexed into the municipal territory of the City of Warsaw, Indiana, in accordance with Indiana Code 36-4-3-1, et seq., effective May 4, 2011.
    Part of the Southeast Quarter of Section 19, Township 32 North, Range 6 East of the Second Principal Meridian, Wayne Township in Kosciusko County, Indiana, more particularly described as follows:
    Beginning at a railroad post at the Northeast comer of said Southeast Quarter; thence South 00 degrees 59 minutes 00 seconds West (Park Ridge Subdivision bearing and basis of bearings to follow), a distance of 1059.08 feet along the East line of said Southeast Quarter to a 5/8" steel rebar with a "Karst" identification cap found; thence North 89 degrees 01 minutes 00 seconds West, a distance of 165.00 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 56 degrees 26 minutes 55 seconds West, a distance of 195.79 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 00 degrees 59 minutes 00 seconds East, a distance of 146.00 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 89 degrees 01 minutes 00 seconds West, a distance of 387.05 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 61 degrees 13 minutes 49 seconds West, a distance of 144.63 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 00 degrees 59 minutes 00 seconds East, a distance of 182.24 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 89 degrees 01 minutes 00 seconds West, a distance of 266.20 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set on the Easterly right-of-way line of the Norfolk Southern Railroad (formerly Cincinnati, Chicago and St. Louis Railroad Company, formerly Cleveland, Cincinnati, Chicago and St. Louis Railroad Company); thence North 22 degrees 41 minutes 27 seconds East, a distance of 588.61 feet along said right-of-way line to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set on the North line of said Southeast Quarter; thence South 89 degrees 43 minutes 56 seconds East, a distance of 893.56 feet along said North line to the Point of Beginning. Containing 19.147 Acres, more or less.
Subject to easements of record.
    2. The area shall be zoned R-1/Residential District
    3. The area shall be located in the Council District 3.
    4. This ordinance shall take effect May 4, 2011, following its publication in the Warsaw Times-Union, in the absence of remonstrance and appeal under Indiana Code 36-4-3-5.1 or Indiana Code 36-4-3-15.5, and upon the filing of a certified copy of the ordinance with the, Kosciusko County Auditor, the Kosciusko County Circuit Court Clerk, Board of Registration, and the Office of Secretary of State, all pursuant to Indiana Code 36-4-3-2.
    ADOPTED this 4th day of April, 2011.
AYE    NAY
Kyle Babcock    
Dr. Joseph Thallemer
Jeff R. Grose
Charles D. Smith
George Clemens
Jerry Patterson
Diane Quance
    PRESENTED TO AND APPROVED by me on this 4th day of April, 2011.
ATTEST:
Lynne Christiansen, Clerk-Treasurer
Ernest B. Wiggins, Presiding Officer
Common Council, City of Warsaw        
    I affirm under the penalties for perjury, that I have taken rreasonable care to redact each Social Security number in this document, unless required by law.
This Instrument prepared by Michael L. Valentine, Attorney at law
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ORDINANCE NUMBER 2011-03-05
AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE CITY OF WARSAW, INDIANA
    WHEREAS, Patricia H. Sommers Trust ("Owner"), have petitioned the Common Council of the City of Warsaw, Indiana ("Common Council") to annex certain real estate into the municipal territory of the City of Warsaw, Indiana pursuant to Indiana Code 36-4-3-5.1; and
    WHEREAS, Owners are the owners of 100% of the land in the territory sought to be annexed and 100% of the total assessed value of the land for property tax purposes; and
    WHEREAS, a Petition for Voluntary Annexation was introduced to the Common Council of the City of Warsaw on February 22, 2011, and public hearing was scheduled for the annexation on March 21,2011; Publication of Public Hearing Notice appeared in the Warsaw Times-Union on March 1, 2011 for the annexation. The public hearing on the annexation was held at a regular meeting of the Common Council on March 21, 2011. The fiscal plan was presented and approved by the Common Council of the City of Warsaw, Indiana, concurrent with the adoption of the Ordinance on April 4, 2011; and
    WHEREAS, the Common Council of the City of Warsaw, Indiana, has determined that the areas should be annexed to the City of Warsaw, Indiana.
    NOW, THEREFORE, BE IT ORDAINED BY IF THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA:
    1. That the following described real estate be, and it hereby is, annexed into the municipal territory of the City of Warsaw, Indiana, in accordance with Indiana Code 36-4-3-1, et seq., effective May 4, 2011.
    Part of the Southeast Quarter of Section 19, Township 32 North, Range 6 East of the Second Principal Meridian, Wayne Township in Kosciusko County, Indiana, more particularly described as follows:
    Beginning at a railroad post at the Northeast comer of said Southeast Quarter; thence South 00 degrees 59 minutes 00 seconds West (Park Ridge Subdivision bearing and basis of bearings to follow), a distance of 1059.08 feet along the East line of said Southeast Quarter to a 5/8" steel rebar with a "Karst" identification cap found; thence North 89 degrees 01 minutes 00 seconds West, a distance of 165.00 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 56 degrees 26 minutes 55 seconds West, a distance of 195.79 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 00 degrees 59 minutes 00 seconds East, a distance of 146.00 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 89 degrees 01 minutes 00 seconds West, a distance of 387.05 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 61 degrees 13 minutes 49 seconds West, a distance of 144.63 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 00 degrees 59 minutes 00 seconds East, a distance of 182.24 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set; thence North 89 degrees 01 minutes 00 seconds West, a distance of 266.20 feet to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set on the Easterly right-of-way line of the Norfolk Southern Railroad (formerly Cincinnati, Chicago and St. Louis Railroad Company, formerly Cleveland, Cincinnati, Chicago and St. Louis Railroad Company); thence North 22 degrees 41 minutes 27 seconds East, a distance of 588.61 feet along said right-of-way line to a 5/8" steel rebar with a "Miller Firm #0095" identification cap set on the North line of said Southeast Quarter; thence South 89 degrees 43 minutes 56 seconds East, a distance of 893.56 feet along said North line to the Point of Beginning. Containing 19.147 Acres, more or less.
Subject to easements of record.
    2. The area shall be zoned R-1/Residential District
    3. The area shall be located in the Council District 3.
    4. This ordinance shall take effect May 4, 2011, following its publication in the Warsaw Times-Union, in the absence of remonstrance and appeal under Indiana Code 36-4-3-5.1 or Indiana Code 36-4-3-15.5, and upon the filing of a certified copy of the ordinance with the, Kosciusko County Auditor, the Kosciusko County Circuit Court Clerk, Board of Registration, and the Office of Secretary of State, all pursuant to Indiana Code 36-4-3-2.
    ADOPTED this 4th day of April, 2011.
AYE    NAY
Kyle Babcock    
Dr. Joseph Thallemer
Jeff R. Grose
Charles D. Smith
George Clemens
Jerry Patterson
Diane Quance
    PRESENTED TO AND APPROVED by me on this 4th day of April, 2011.
ATTEST:
Lynne Christiansen, Clerk-Treasurer
Ernest B. Wiggins, Presiding Officer
Common Council, City of Warsaw        
    I affirm under the penalties for perjury, that I have taken rreasonable care to redact each Social Security number in this document, unless required by law.
This Instrument prepared by Michael L. Valentine, Attorney at law
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