Warsaw Adoption

August 16, 2018 at 7:14 p.m.

By -

NOTICE OF ADOPTION

Take Notice that on August 20 th, 2018, The Common Council of the City of Warsaw adopted the

following Ordinance No. 2018-08-02:

ORDINANCE NUMBER 2018-08-02

AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF WARSAW, INDIANA

WHEREAS, the owners of property located along 225 East in Wayne Township 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 1 00% of the land in the territory sought to be annexed and

1 00% 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 ofthe City of

Warsaw on July 2nd, 2018, and public hearing was scheduled for the annexation on August 6th, 2018;

Publication of Public Hearing Notice appeared in the Warsaw Times-Union on July 7th, 2018 for the

annexation. The public hearing on the annexation was held at a regular meeting of the Common

Council on August 6th, 2018. The fiscal plan was presented and approved on August 6th, 2018 by the

Common Council of the City of Warsaw, Indiana, with the adoption of the Ordinance on August 20th,

2018; 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 ofthe City of Warsaw, located in Wayne Township, Indiana, in accordance with

Indiana Code 36-4-3-5.1, et seq., effective September 19th, 2018.

The North Seventy-Four and Eighty Hundredths (74.80) acres of the Southwest Quarter of Section

Eleven (11) Township Thirty-Two (32) North, Range 6 East. Less and excepting therefrom the following

described tracts, to wit:

Tract 1:

A tract of land in the Northwest Quarter of the Southwest Quarter of Section 11, Township 32 North,

Range 6 East, in said county and state, more particularly described as follows: Beginning at the

Northeast corner of the Northwest Quarter of the Southwest Quarter of said Section II and running

thence South 1 degree 28 minutes West along the center line of County Road 225 East a distance of

150 feet; thence West 245 feet to an iron pipe; thence North I degree 28 minutes East a distance of

150 feet to an iron pipe on the East and West open line of said section; and thence East a distance of

245 feet to the place of beginning, containing 0.84 acres, more or less, and

Tract II:

Lots numbered I through 4 in the Plat of Knollwood as recorded in Plat Book 6 at Page 77, on

September 5, 1972 in the Office of the Recorder of Kosciusko County. Indiana, and Lots numbered

5 through 8 in the Plat of Knollwood First Addition, recorded in Plat Book 7 at Page 20, on July 23,

1976, in the Office of the Recorder of Kosciusko County, Indiana,

Tract III:

A tract of land in the Southwest Quarter of Section 11, Township 32 North, Range 6 East in Kosciusko

County, Indiana, more accurately described as follows: Beginning 696.2 feet South 1 Degree 28

Minutes West of the Northeast corner of the Northwest Quarter ofthe Southwest Quarter of said

Section; thence continuing South 1 Degree 28 Minutes West 132.7 feet; thence South 89 Degrees 54

Minutes West 185 feet to the Northwest corner of Lot Number 5 in Knollwood First Addition; thence

North 1 Degree 28 Minutes East 133 feet; thence East 185 feet to the Place of Beginning and containing

0.57 acres more or Jess.

Tract IV

A tract of land in the Southwest Quarter of Section 11, Township 32 North, Range 6 East in Kosciusko

County, Indiana, more accurately described as follows: Beginning at a point 521.20 feet South 1

Degree 28 Minutes West of the Northeast corner of the Northwest Quarter of the Southwest Quarter of

Section 11; thence South 1 Degree 28 Minutes West along the centerline of County Road 225 Eas t ,

125.00 feet; thence West 185.00 feet; thence North 1 Degree 28 Minutes East 125.00 feet; thence East

185.00 feet to the Place of Beginning.

Tract V :

All of the land lying East of Country Road 225 East *Note: Lot Number 1 of the Plot ofKnollwood

overlaps the real estate described In Tract 1. As drawn on said Plat, Lot Number 1 is the same as Tract

1, but the written description contains errors which result in West end of Lot 1 being 20 feet short of the

West end of Tract 1. The drawing on the Plat shows the North boundary line of Lot 1 to be 225 feet

drawn to the edge ofthe right of way for County Road 225 East, which would make it 245 feet to

centerline of said County Road. The written description begins in the centerline of said County Roa d ,

and all of the calls take that into consideration until reaching the Northwest comer of Lot 2 , where

th e . next call is to the West is for 30 feet, but the drawing shows 50 feet. The drawing is correct. The call

of30 feet, corresponds with the error of the last call of225 feet. A review of the plat, will clearly reveal

the error.

Exhibit B : (Deed Document ID: 2014120957)

PARCELS NO. 43-11-11-400-040.000-031 and 43-11-11-400-038.000-031

Commencing at the Southeast comer of the Northwest Quarter of Section 1 1 , in Township 32 Nort h , Range 6

East; thence West to the center ofthe highway running North and South through th e said Quarter section;

thence North to the center of the highway running East and W est through the said Quarte r sectio n thence

East on the center line of said East and West highway extended to the East line of said Quarter sect ion;

thence South to the place of beginnin g .

Also, commencing at the Southwest comer of the Northwest Quarter of Section 11 , Township 32 Nort h ,

Range 6 Eas t , thence North 71 . 6 rods to the highway running East and West through said Quarter section,

thence East 82.12 rods with the center of said highway to where said highway intersects the highway running

North and South; thence South 70.32 rods with the center of said highway to the South line of said Quarter

section thence West to the place of beginning.

EXCEPTING THEREFROM THE FOLLOWING TWO TRACTS, to-wit:

(1) Commencing at the intersection of t he South I ine of the Northwest Quarter o f said Section 11 and the

centerline of County Road 225 East; thence North 00 degrees 00 minutes OO seconds East (assumed

bearing), along the centerline of Coun ty R o a d 22 5 East, 81 3 . 0 f e e t to a rail r o a d s pi k e and t h e p o int of

b e g inni n g· thence S o uth 88 deg r ee · 44 minutes OO s e conds W est 5 2 0 . 0 fe e t to a % in c h iron b a r; thence

North OO degrees OO minutes 00 seconds East, 341.10 feet to a P.K. nail on the centerline of County Road 75

North; thence North 88 degrees 44 minutes 00 seconds East, along said road centerline, 520. 0 feet to a

railroad spik e set at the intersection of the centerlines of County Road 7 5 North and County Road 225 East;

thence South along the centerline of County Road 225 East to the place of beginning.

(2) Commencing at a railroad rail cornerpostatth e Southeast corner of the Northwest Quarter of said Section

II; thence North 0I degree 57 minutes 11 seconds West, along the East line of said Northwest Quarter, IIII.42

feet to a % inch iron bar and the point of beginning; thence South 88 degrees 52 minutes 3 5 seconds West

1273.46 feet t o the centerline ofCounty Road 225 East; thence North 00 degrees 00 minutes 00 s econd Eas t

(assumed bearing ) along the centerline of County Road 225 East, 9. 3 5 feet to a railroad spike; thence

continuing alon g said road centerline, North 18 degrees 08 minutes 15 seconds East 254.65 feet to a P.K. nail;

t hence North 88 degrees 52 minutes 35 secon d s East. along a fence lin e , 11 85.66 feet to a wood corner

post· thence South 01 degree 57 minutes ll second s Eas t along the East line of said Northwest quarter and

along a fence lin e 249. 76 feet to the point of begi nning.

2. The area shall be zoned R-1/Residential District

3. The area shall be located in the Council District 2.

4. This ordinance shall take effect September 19th, 2018, 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.

Passed and Adopted by the Common Council of the City of Warsaw, Indiana this 20th day of

August, 2018.

Cindy Dobbins Jack Wilhite Jeff Grose

Ron Shoemaker Michael Klondaris William G. Frush Diane Quance

ATTEST:

Lynne Christiansen, Clerk-Treasurer, City of Warsaw, Indiana

Cindy Dobbins Jack Wilhite Jeff Grose Ron Shoemaker

Michael Klondaris William G. Frush Diane Quance

Joseph M. Thallemer

Presiding Officer, Common Council ofthe City of Warsaw, Indiana

I affir m , under penalties of perjur y , that I have taken reasonab l e care to redact each Social Security

number in this document, unless required by la w . Mike Valentine

8-21 hspaxlp

NOTICE OF ADOPTION

Take Notice that on August 20 th, 2018, The Common Council of the City of Warsaw adopted the

following Ordinance No. 2018-08-02:

ORDINANCE NUMBER 2018-08-02

AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF WARSAW, INDIANA

WHEREAS, the owners of property located along 225 East in Wayne Township 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 1 00% of the land in the territory sought to be annexed and

1 00% 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 ofthe City of

Warsaw on July 2nd, 2018, and public hearing was scheduled for the annexation on August 6th, 2018;

Publication of Public Hearing Notice appeared in the Warsaw Times-Union on July 7th, 2018 for the

annexation. The public hearing on the annexation was held at a regular meeting of the Common

Council on August 6th, 2018. The fiscal plan was presented and approved on August 6th, 2018 by the

Common Council of the City of Warsaw, Indiana, with the adoption of the Ordinance on August 20th,

2018; 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 ofthe City of Warsaw, located in Wayne Township, Indiana, in accordance with

Indiana Code 36-4-3-5.1, et seq., effective September 19th, 2018.

The North Seventy-Four and Eighty Hundredths (74.80) acres of the Southwest Quarter of Section

Eleven (11) Township Thirty-Two (32) North, Range 6 East. Less and excepting therefrom the following

described tracts, to wit:

Tract 1:

A tract of land in the Northwest Quarter of the Southwest Quarter of Section 11, Township 32 North,

Range 6 East, in said county and state, more particularly described as follows: Beginning at the

Northeast corner of the Northwest Quarter of the Southwest Quarter of said Section II and running

thence South 1 degree 28 minutes West along the center line of County Road 225 East a distance of

150 feet; thence West 245 feet to an iron pipe; thence North I degree 28 minutes East a distance of

150 feet to an iron pipe on the East and West open line of said section; and thence East a distance of

245 feet to the place of beginning, containing 0.84 acres, more or less, and

Tract II:

Lots numbered I through 4 in the Plat of Knollwood as recorded in Plat Book 6 at Page 77, on

September 5, 1972 in the Office of the Recorder of Kosciusko County. Indiana, and Lots numbered

5 through 8 in the Plat of Knollwood First Addition, recorded in Plat Book 7 at Page 20, on July 23,

1976, in the Office of the Recorder of Kosciusko County, Indiana,

Tract III:

A tract of land in the Southwest Quarter of Section 11, Township 32 North, Range 6 East in Kosciusko

County, Indiana, more accurately described as follows: Beginning 696.2 feet South 1 Degree 28

Minutes West of the Northeast corner of the Northwest Quarter ofthe Southwest Quarter of said

Section; thence continuing South 1 Degree 28 Minutes West 132.7 feet; thence South 89 Degrees 54

Minutes West 185 feet to the Northwest corner of Lot Number 5 in Knollwood First Addition; thence

North 1 Degree 28 Minutes East 133 feet; thence East 185 feet to the Place of Beginning and containing

0.57 acres more or Jess.

Tract IV

A tract of land in the Southwest Quarter of Section 11, Township 32 North, Range 6 East in Kosciusko

County, Indiana, more accurately described as follows: Beginning at a point 521.20 feet South 1

Degree 28 Minutes West of the Northeast corner of the Northwest Quarter of the Southwest Quarter of

Section 11; thence South 1 Degree 28 Minutes West along the centerline of County Road 225 Eas t ,

125.00 feet; thence West 185.00 feet; thence North 1 Degree 28 Minutes East 125.00 feet; thence East

185.00 feet to the Place of Beginning.

Tract V :

All of the land lying East of Country Road 225 East *Note: Lot Number 1 of the Plot ofKnollwood

overlaps the real estate described In Tract 1. As drawn on said Plat, Lot Number 1 is the same as Tract

1, but the written description contains errors which result in West end of Lot 1 being 20 feet short of the

West end of Tract 1. The drawing on the Plat shows the North boundary line of Lot 1 to be 225 feet

drawn to the edge ofthe right of way for County Road 225 East, which would make it 245 feet to

centerline of said County Road. The written description begins in the centerline of said County Roa d ,

and all of the calls take that into consideration until reaching the Northwest comer of Lot 2 , where

th e . next call is to the West is for 30 feet, but the drawing shows 50 feet. The drawing is correct. The call

of30 feet, corresponds with the error of the last call of225 feet. A review of the plat, will clearly reveal

the error.

Exhibit B : (Deed Document ID: 2014120957)

PARCELS NO. 43-11-11-400-040.000-031 and 43-11-11-400-038.000-031

Commencing at the Southeast comer of the Northwest Quarter of Section 1 1 , in Township 32 Nort h , Range 6

East; thence West to the center ofthe highway running North and South through th e said Quarter section;

thence North to the center of the highway running East and W est through the said Quarte r sectio n thence

East on the center line of said East and West highway extended to the East line of said Quarter sect ion;

thence South to the place of beginnin g .

Also, commencing at the Southwest comer of the Northwest Quarter of Section 11 , Township 32 Nort h ,

Range 6 Eas t , thence North 71 . 6 rods to the highway running East and West through said Quarter section,

thence East 82.12 rods with the center of said highway to where said highway intersects the highway running

North and South; thence South 70.32 rods with the center of said highway to the South line of said Quarter

section thence West to the place of beginning.

EXCEPTING THEREFROM THE FOLLOWING TWO TRACTS, to-wit:

(1) Commencing at the intersection of t he South I ine of the Northwest Quarter o f said Section 11 and the

centerline of County Road 225 East; thence North 00 degrees 00 minutes OO seconds East (assumed

bearing), along the centerline of Coun ty R o a d 22 5 East, 81 3 . 0 f e e t to a rail r o a d s pi k e and t h e p o int of

b e g inni n g· thence S o uth 88 deg r ee · 44 minutes OO s e conds W est 5 2 0 . 0 fe e t to a % in c h iron b a r; thence

North OO degrees OO minutes 00 seconds East, 341.10 feet to a P.K. nail on the centerline of County Road 75

North; thence North 88 degrees 44 minutes 00 seconds East, along said road centerline, 520. 0 feet to a

railroad spik e set at the intersection of the centerlines of County Road 7 5 North and County Road 225 East;

thence South along the centerline of County Road 225 East to the place of beginning.

(2) Commencing at a railroad rail cornerpostatth e Southeast corner of the Northwest Quarter of said Section

II; thence North 0I degree 57 minutes 11 seconds West, along the East line of said Northwest Quarter, IIII.42

feet to a % inch iron bar and the point of beginning; thence South 88 degrees 52 minutes 3 5 seconds West

1273.46 feet t o the centerline ofCounty Road 225 East; thence North 00 degrees 00 minutes 00 s econd Eas t

(assumed bearing ) along the centerline of County Road 225 East, 9. 3 5 feet to a railroad spike; thence

continuing alon g said road centerline, North 18 degrees 08 minutes 15 seconds East 254.65 feet to a P.K. nail;

t hence North 88 degrees 52 minutes 35 secon d s East. along a fence lin e , 11 85.66 feet to a wood corner

post· thence South 01 degree 57 minutes ll second s Eas t along the East line of said Northwest quarter and

along a fence lin e 249. 76 feet to the point of begi nning.

2. The area shall be zoned R-1/Residential District

3. The area shall be located in the Council District 2.

4. This ordinance shall take effect September 19th, 2018, 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.

Passed and Adopted by the Common Council of the City of Warsaw, Indiana this 20th day of

August, 2018.

Cindy Dobbins Jack Wilhite Jeff Grose

Ron Shoemaker Michael Klondaris William G. Frush Diane Quance

ATTEST:

Lynne Christiansen, Clerk-Treasurer, City of Warsaw, Indiana

Cindy Dobbins Jack Wilhite Jeff Grose Ron Shoemaker

Michael Klondaris William G. Frush Diane Quance

Joseph M. Thallemer

Presiding Officer, Common Council ofthe City of Warsaw, Indiana

I affir m , under penalties of perjur y , that I have taken reasonab l e care to redact each Social Security

number in this document, unless required by la w . Mike Valentine

8-21 hspaxlp
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