WARSAW - ANNEXING CERTAIN TERRITORY - ORDINANCE NUMBER 2012-04-03

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

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ORDINANCE NUMBER 2012-04-03
AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE CITY OF WARSAW, INDIANA
    WHEREAS, Cardinal Center Inc. ("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 March 5, 2012, and public hearing was scheduled for the annexation on April 2, 2012; Publication of Public Hearing Notice appeared in the Warsaw Times-Union on March 12th, 2012 for the annexation. The public hearing on the annexation was held at a regular meeting of the Common Council on April 2, 2012. 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 16, 2012; 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 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 16, 2012.
    A tract of land in the northeast quarter of section 36, township 33 north, range 5 east, Prairie Township, Kosciusko County, Indiana, described as follows:
    Commencing at the southeast corner of the northeast quarter of said section 36; thence north 1 degree 39 minutes 10 seconds west along the east line of said northeast quarter, 289.21 feet to a mag nail set in the surface of County Road 200 West and the point of beginning; thence south 88 degrees 19 minutes west, 23.04 feet to an iron pin on the right-of-way of US Highway Number 30; thence south 43 degrees 49 minutes 6 seconds west along said right-of-way, 99.87 feet to an iron pin; thence south 88 degrees 19 minutes west along said right-of-way 813.40 feet to an iron pin on the west line of east 55 acres of the northeast quarter of said section 36; thence north 1 degrees 39 minutes 10 seconds west, along the west line of said 55 acre tract, 1119.91 feet to an iron pin; thence north 89 degrees 18 minutes 15 seconds east, 907.84 feet to a railroad spike on the east line of the northeast quarter of said section 36; thence south 1 degree 39 minutes 10 seconds east along said east line, 1034.26 feet to the point of beginning.
    2. The area shall be zoned I-2/Industrial District
    3. The area shall be located in the Council District 5
    4. This ordinance shall take effect May 16, 2012, 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-36-4-3.22.
    ADOPTED this 16th day of April, 2012
AYE    NAY
Cindy Dobbins
Elaine Call
Jeff R. Grose
Charles D. Smith
Michael Klondaris
William G. Frush
Diane Quance
    PRESENTED TO AND APPROVED by me on this 16th day of April, 2012.
ATTEST:
Lynne Christiansen, Clerk-Treasure
Joseph M. Thallemer, Presiding Officer
Common Council, City of Warsaw
    I affirm under the penalties for perjury, that I have taken reasonable 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 2012-04-03
AN ORDINANCE ANNEXING CERTAIN TERRITORY
TO THE CITY OF WARSAW, INDIANA
    WHEREAS, Cardinal Center Inc. ("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 March 5, 2012, and public hearing was scheduled for the annexation on April 2, 2012; Publication of Public Hearing Notice appeared in the Warsaw Times-Union on March 12th, 2012 for the annexation. The public hearing on the annexation was held at a regular meeting of the Common Council on April 2, 2012. 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 16, 2012; 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 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 16, 2012.
    A tract of land in the northeast quarter of section 36, township 33 north, range 5 east, Prairie Township, Kosciusko County, Indiana, described as follows:
    Commencing at the southeast corner of the northeast quarter of said section 36; thence north 1 degree 39 minutes 10 seconds west along the east line of said northeast quarter, 289.21 feet to a mag nail set in the surface of County Road 200 West and the point of beginning; thence south 88 degrees 19 minutes west, 23.04 feet to an iron pin on the right-of-way of US Highway Number 30; thence south 43 degrees 49 minutes 6 seconds west along said right-of-way, 99.87 feet to an iron pin; thence south 88 degrees 19 minutes west along said right-of-way 813.40 feet to an iron pin on the west line of east 55 acres of the northeast quarter of said section 36; thence north 1 degrees 39 minutes 10 seconds west, along the west line of said 55 acre tract, 1119.91 feet to an iron pin; thence north 89 degrees 18 minutes 15 seconds east, 907.84 feet to a railroad spike on the east line of the northeast quarter of said section 36; thence south 1 degree 39 minutes 10 seconds east along said east line, 1034.26 feet to the point of beginning.
    2. The area shall be zoned I-2/Industrial District
    3. The area shall be located in the Council District 5
    4. This ordinance shall take effect May 16, 2012, 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-36-4-3.22.
    ADOPTED this 16th day of April, 2012
AYE    NAY
Cindy Dobbins
Elaine Call
Jeff R. Grose
Charles D. Smith
Michael Klondaris
William G. Frush
Diane Quance
    PRESENTED TO AND APPROVED by me on this 16th day of April, 2012.
ATTEST:
Lynne Christiansen, Clerk-Treasure
Joseph M. Thallemer, Presiding Officer
Common Council, City of Warsaw
    I affirm under the penalties for perjury, that I have taken reasonable 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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