CITY OF WARSAW - ORDINANCE 2011-12-06 - ANNEXATION
July 28, 2016 at 4:25 p.m.
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AN ORDINANCE ANNEXING TERRITORY
TO THE CITY OF WARSAW, INDIANA
WHEREAS, SMOR Group LLC, bas filed a Petition for Annexation of real estate described as follows:
Part of the Fractional Northeast Quarter of Section 4, Township 32 North, Range 6 East, Kosciusko County, Indiana, more particularly described as follows, to wit;
Commencing at a railroad spike found at the Southeast comer of said Fractional Northeast Quarter; thence North 88 degrees 36 minutes 40 seconds West, on and along the South line of said Fractional Northeast Quarter, a distance of 1184.9 feet to an iron pin found at the Southwest comer of a certain tract of land as recorded in Document Number 97-01-0208 in the records of Kosciusko County, Indiana said iron pin being at the true point of beginning; thence continuing North 88 degrees 36 minutes 40 seconds West, on arid along said South line, a distance of 909.6 feet to an iron pipe found at the point of intersection with the Northeasterly right-of-way line of U.S. Highway Number 30; thence North 35 degrees 50 minutes 30 seconds West, on and along said Northeasterly right-of-way line, a distance of 222.3 feet to a point; thence North 34 degrees 04 minutes 30 seconds West, on and along said Northeasterly right-of-way line, a distance 723.9 feet to an iron pin found at the point of intersection with the West line of said Fractional Northeast Quarter; thence North 02 degrees 11 minutes 40 seconds East, on and along said West line, a distance of 638.5 feet to the point of intersection with the centerline of an open ditch (Deeds Creek), said point of intersection being situated South 02 degrees 11 minutes 40 seconds West, a distance of 1086.0 feet from a P.K. nail found at the Northwest comer of said Fractional Northeast Quarter; thence South 28 degrees 36 minutes East, on and along said centerline, a distance of 116.0 feet; thence South 55 degrees 12 minutes East, on and along said centerline, a distance of 75.0 feet; thence North 85 degrees 27 minutes East, on and along said centerline, a distance 299.3 feet to the Southeast corner of a certain tract of land as recorded in Document Number 99-02-1461 in said records; thence South 89 degrees 27 minutes 40 seconds East, on and along said centerline, a distance of 880.92 feet to the Northwest corner of a certain tract of land as recorded in Document Number 96-11-1176 in said records; thence South 01 degrees 23 minutes 25 seconds West, on and along a westerly line of said tract of land in Document Number 96-11-1176, a distance of 184.0 feet to an iron pin; thence South 43 degrees 36 minutes 35 seconds East, on and along said Westerly line, a distance of 112.0 feet to an iron pin; thence South 01 degrees 23 minutes 25 seconds West, on and along said Westerly line, a distance of 351.56 feet to an iron pin found at the Southwest comer of said tract of land in Document Number 96-11-1176; thence South 88 degrees 36 minutes 40 seconds East (recorded South 88 degrees 36 minutes 35 seconds East), on and along the South line of said tract of land in Document Number 96-11-1176, a distance of 79.79 feet to an iron pin found at the Northwest corner of said tract of land in Document Number 97-01-0208; thence South 01 degrees 38 minutes West, on and along the West line of said tract in Document Number 97-01-0208, a distance of 692.55 feet to the true point of beginning.
WHEREAS, public hearing on the petition was held December 5, 2011;
WHEREAS, the following elements are found to exist as of the time of the public hearing on the Petition for Annexation:
1. Essential municipal services and facilities were not available to the territory sought to be annexed;
2. The municipality was physically and financially able to provide municipal services to the territory sought to be annexed;
3. Petitioners are the owners of 100% of the land in the territory to be sought to be annexed; and
4. There are no residents within the territory sought to be annexed; and
5. The territory is currently subject to the zoning jurisdiction of Kosciusko County, Indiana and is classified as an Agricultural District. The territory is compatible with a C-3 zoning classification under the Warsaw Zoning Ordinance.
THEREFORE, be it ordained by the Common Council of the City of Warsaw, Indiana, as follows;
1. The real estate described herein be and hereby is annexed to the City of Warsaw, Indiana, pursuant to the provisions of I.C. 36-4-3-5.1 and classified as a C-3 District under the Warsaw Zoning Ordinance;
2. The Clerk-Treasurer of the City of Warsaw, Indiana shall cause a copy of this ordinance to be recorded and filed in accordance with I.C. 36-4-3-22; and
3. This ordinance shall take effect not less than thirty (30) days after its adoption and upon filing and recording of this ordinance in accordance with I.C. 36-4-3-22.
Dated: December 19, 2011
MAYOR, CITY OF WARSAW. INDIANA
Ernest B. Wiggins
Common Council
City of Warsaw, Indiana
By: Jeff Grose
By: Charles D. Smith
By: Joe Thallemer
By: George M. Clemens
By: Diane Quance
By: Jerry Patterson
Attest: Lynne Christiansen, Clerk-Treasurer
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required bylaw. (Stephen R. Snyder).
Prepared by Stephen R. Snyder, Attorney At Law #413-43, SNYDER MORGAN, LLP, 200 West Main Street, Syracuse, Indiana 46567
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AN ORDINANCE ANNEXING TERRITORY
TO THE CITY OF WARSAW, INDIANA
WHEREAS, SMOR Group LLC, bas filed a Petition for Annexation of real estate described as follows:
Part of the Fractional Northeast Quarter of Section 4, Township 32 North, Range 6 East, Kosciusko County, Indiana, more particularly described as follows, to wit;
Commencing at a railroad spike found at the Southeast comer of said Fractional Northeast Quarter; thence North 88 degrees 36 minutes 40 seconds West, on and along the South line of said Fractional Northeast Quarter, a distance of 1184.9 feet to an iron pin found at the Southwest comer of a certain tract of land as recorded in Document Number 97-01-0208 in the records of Kosciusko County, Indiana said iron pin being at the true point of beginning; thence continuing North 88 degrees 36 minutes 40 seconds West, on arid along said South line, a distance of 909.6 feet to an iron pipe found at the point of intersection with the Northeasterly right-of-way line of U.S. Highway Number 30; thence North 35 degrees 50 minutes 30 seconds West, on and along said Northeasterly right-of-way line, a distance of 222.3 feet to a point; thence North 34 degrees 04 minutes 30 seconds West, on and along said Northeasterly right-of-way line, a distance 723.9 feet to an iron pin found at the point of intersection with the West line of said Fractional Northeast Quarter; thence North 02 degrees 11 minutes 40 seconds East, on and along said West line, a distance of 638.5 feet to the point of intersection with the centerline of an open ditch (Deeds Creek), said point of intersection being situated South 02 degrees 11 minutes 40 seconds West, a distance of 1086.0 feet from a P.K. nail found at the Northwest comer of said Fractional Northeast Quarter; thence South 28 degrees 36 minutes East, on and along said centerline, a distance of 116.0 feet; thence South 55 degrees 12 minutes East, on and along said centerline, a distance of 75.0 feet; thence North 85 degrees 27 minutes East, on and along said centerline, a distance 299.3 feet to the Southeast corner of a certain tract of land as recorded in Document Number 99-02-1461 in said records; thence South 89 degrees 27 minutes 40 seconds East, on and along said centerline, a distance of 880.92 feet to the Northwest corner of a certain tract of land as recorded in Document Number 96-11-1176 in said records; thence South 01 degrees 23 minutes 25 seconds West, on and along a westerly line of said tract of land in Document Number 96-11-1176, a distance of 184.0 feet to an iron pin; thence South 43 degrees 36 minutes 35 seconds East, on and along said Westerly line, a distance of 112.0 feet to an iron pin; thence South 01 degrees 23 minutes 25 seconds West, on and along said Westerly line, a distance of 351.56 feet to an iron pin found at the Southwest comer of said tract of land in Document Number 96-11-1176; thence South 88 degrees 36 minutes 40 seconds East (recorded South 88 degrees 36 minutes 35 seconds East), on and along the South line of said tract of land in Document Number 96-11-1176, a distance of 79.79 feet to an iron pin found at the Northwest corner of said tract of land in Document Number 97-01-0208; thence South 01 degrees 38 minutes West, on and along the West line of said tract in Document Number 97-01-0208, a distance of 692.55 feet to the true point of beginning.
WHEREAS, public hearing on the petition was held December 5, 2011;
WHEREAS, the following elements are found to exist as of the time of the public hearing on the Petition for Annexation:
1. Essential municipal services and facilities were not available to the territory sought to be annexed;
2. The municipality was physically and financially able to provide municipal services to the territory sought to be annexed;
3. Petitioners are the owners of 100% of the land in the territory to be sought to be annexed; and
4. There are no residents within the territory sought to be annexed; and
5. The territory is currently subject to the zoning jurisdiction of Kosciusko County, Indiana and is classified as an Agricultural District. The territory is compatible with a C-3 zoning classification under the Warsaw Zoning Ordinance.
THEREFORE, be it ordained by the Common Council of the City of Warsaw, Indiana, as follows;
1. The real estate described herein be and hereby is annexed to the City of Warsaw, Indiana, pursuant to the provisions of I.C. 36-4-3-5.1 and classified as a C-3 District under the Warsaw Zoning Ordinance;
2. The Clerk-Treasurer of the City of Warsaw, Indiana shall cause a copy of this ordinance to be recorded and filed in accordance with I.C. 36-4-3-22; and
3. This ordinance shall take effect not less than thirty (30) days after its adoption and upon filing and recording of this ordinance in accordance with I.C. 36-4-3-22.
Dated: December 19, 2011
MAYOR, CITY OF WARSAW. INDIANA
Ernest B. Wiggins
Common Council
City of Warsaw, Indiana
By: Jeff Grose
By: Charles D. Smith
By: Joe Thallemer
By: George M. Clemens
By: Diane Quance
By: Jerry Patterson
Attest: Lynne Christiansen, Clerk-Treasurer
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required bylaw. (Stephen R. Snyder).
Prepared by Stephen R. Snyder, Attorney At Law #413-43, SNYDER MORGAN, LLP, 200 West Main Street, Syracuse, Indiana 46567
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