Notice is hereby provided that on May 7th, 2018 the Common Council of the City of Warsaw,Indiana adopted Ordinances No. 2018-01-02 and No. 2018-01-03 annexing certain territory to the City.
Any owners of real property within the area proposed to be annexed who want to remonstrate against either proposed annexation must complete and file remonstrance petitions in compliance with IC 36-4-3-11.1
1. Remonstrance petitions must be filed not later than ninety (90) days after the date that notice of the adoption of the annexation ordinance was published under section 7 of this chapter; and
2. The last date in which to file a remonstrance petition is August 6th 2018.
3. The remonstrance petition can be signed in the Warsaw City Hall Building and Planning
Department Office. The address is as follows:
Warsaw Building and Planning Department
102 South Buffalo Street
Room 212, 2nd Floor Warsaw City Hall
Warsaw, IN 46580
4. Warsaw Building and Planning Department is open from 8:00 AM to 4:00 PM Monday-Friday, excluding Memorial Day (May 28th) and July Fourth (July 4th). The remonstrance petitions may be signed during those regular office hours beginning May 9th 2018.
5. In addition to the normal week day hours of operation, a remonstrance petition may be signed at the Warsaw City Hall, Council Chamber. The address and dates and times are as follows:
Address:
Warsaw City Hall
102 South Buffalo Street
Room 105, 1st Floor Warsaw City Hall
Warsaw, IN 46580
Dates and Times:
May 31st - 4:00 PM until 9:00 PM
June 7th - 4:00 PM until 9:00 PM June 14th - 4:00 PM until 9:00 PM
June 21st - 4:00 PM until 9:00 PM June 28th - 4:00 PM until 9:00 PM
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Warsaw, should contact the office of Jeremy Skinner, 102 S. Buffalo Street, Warsaw, IN 46580/phone (574) 372-9550, as soon as possible but no later than 48 hours before the scheduled event.
NOTICE OF ADOPTION
Take Notice that on May 7th, 2018, The Common Council of the City of Warsaw adopted the following Ordinance No. 2018-01-02:
ORDINANCE NO. 2018-01-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WARSAW. INDIANA ANNEXING CERTAIN TERRITORY TO THE CITY OF WARSAW. INDIANA FOLLOWING RECEIPT OF A VOLUNTARY PETITION.
PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF WARSAW, INDIANA
(THE "AIRPORT INDUSTRIAL PARK ANNEXATION-PARCEL I)
WHEREAS, the Common Council (the "Council") of the City of Warsaw, Indiana (the "City") has investigated annexation of property [north/south/east/west] of its existing border; and
WHEREAS, pursuant to IC 36-4-3, the legislative body of a municipality may, by ordinance, annex territory that is contiguous to the municipality, subject to certain limitations; and
WHEREAS, pursuant to IC 36-4-3-1.7, a municipality must conduct an outreach program consisting of at least six (6) public information meetings to provide citizens with information regarding the proposed annexation; and
WHEREAS, City officials have conducted such outreach meetings and have provided citizens with information regarding the proposed annexation as required by IC 36-4-3-1.7; and
WHEREAS, responsible planning and State law require adoption of a written fiscal plan and a definite policy for the provision of services to the annexed areas; and
WHEREAS, this Council has previously adopted by resolution a written fiscal plan and definite policy for the provision of municipal services pursuant to Resolution No. 2018-01-01 (the "Fiscal Plan"); and
WHEREAS, the following is a legal description of the territory to be annexed, which territory consists of approximately 420 acres ("Annexation Territory");
A tract of land in the Northeast Quarter of Section 4, Township 32 North Range 6 East, Wayne Township and the Southeast Quarter of Section 32, Township 33 North, Range 6 East, and South Half of Section 33, Township 33 North Range 6 East both in Plain Township, and all in Kosciusko County Indiana more particularly described as follows:
Beginning at the Southwest comer of Lot #1 in Rainbow Industrial Park as recorded in Plat Book 5, page 135 in the Office of the Recorder in Kosciusko County, Indiana; thence Northerly, along the West line of said Rainbow Industrial Park, to the Northwest comer of Lot #13 in said Rainbow Industrial Park; thence East, along the North line of said Lot #13 and said North line extended, to the East right-of-way of Rainbow Drive and the West line of J & L Holdings, LLC's property described in Document #2016070334; thence North, along said West line, to the intersection with the North line of the Southeast Quarter of said Section 32; thence East, along said North line, to the Northeast corner of said J & L property; thence South along the East line of said J & L property to the intersection with the North line of Biomet, Inc.'s property described in Deed Record 346, page 594 thence east along said North line. to the intersection with the West line of the City of Warsaw's property described in Tract-II in Deed Record 224, page 117 thence North along the West line of said City property, to the intersection with the North line of said Southeast Quarter; thence East along said North line to the intersection with the extension of the East right-of-way of Douglas Road; thence south along the extension or said East right-of-way and along said East right-of-way to the intersection of the North line of said Biomet property: thence East, along the North line of said Biomet property, to the West line of D Group, Inc.'s property described in Document #200500003354; thence North, along aid West line, to the intersection with the North line of said Southeast Quarter; thence East, along said North line and the North line of the Southwest Quarter of said Section 33 to the Northeast comer of Tract-Ill of Roger L. Crouse's property described in Document #2000111271; thence South, along the east line of said Tract-III, to a corner of said Tract-Ill; thence East, along the North line of said Tract-III, to the West line of Tract-II of said Crouse's property; thence North, along the West line of said Tract-ll, to the intersection with the North line of said Southwest Quarter; thence East along said North line, to the intersection with the East line of Biomet, Inc.'s property described in Document #200.5000 16136· thence South, along the East line of said Biomet property and along the East line of Biomet, lnc's property described in Document #200500016129, to the intersection with the North line of Indiana Waste Systems, lnc. property described in Deed Record 327, page 693; thence East, along said North line, to the Northeast corner of said Indiana Waste property; thence South, along the East line of said Indiana Waste property, to the intersection with the centerline of the Hickman Ditch· thence Northeasterly and East, along aid centerline. to the Southwest corner of Tract-I of Hurt Downs Properties LLC's property described in Document #2015050355; thence North along the West line of said Tract-I to the Northwest corner of said Tract-I; thence East, along the North line of aid Tract-L to the Northeast comer of said Tract-I; thence South along the East line of said Tract-I and the East line of Tract-II of said Hurt property to the Northwest corner of the plat of Pound Park as recorded in Plat Book 8, page 109 in the Office of the Recorder in Kosciusko County Indiana; thence East, along the North line of said plat, to the Northeast corner of said plat and the East line of the Southeast Quarter or said Section 33; thence south, along said East line, to the Southeast corner of said Southeast Quarter and on the Township line between Plain Township and Wayne Township; thence West long said Township line, to the Northeast corner of Great Lakes Chloride, Inc.'s property described in Document #2003111059; thence the next 17 calls along the East and south line of Said Great Lake property the South line of Great Lakes Chloride, lnc.'s property described in Document #2016020253, the South line of Parkview Health System Inc.'s property described in Document #2016110595, and the South and West line of Warsaw Family Worship Center Corporation' property described in Document #2012081909 as recorded in said documents: thence south 01°38'00" West, 419.97 feet; thence North 89°33'52" West, 82.21 feet; thence South 01°38'00" West 18.00 feet; thence North 89°33'52" West, 71.79 feet; thence South 00°34'00" West, 182.00 feet; thence South 01º38'00" West 361.00 feet; thence South 89°33'14" East 92.74 feet to the centerline of Deeds Creek; thence along said centerline (as recorded in said deeds) the next 8 calls; thence South 65°47'00" West, 130.00 feet; thence South 68°10'00" West, 374.00 feet; thence South 76°41'00" West, 86.10 feet; thence South 89°23'17" West, 166.17 feet; thence South 89º24'51" West, 321.89 feet; thence North 89°27'40" West, 880.92 feet; thence South 85°27'00" West 299.30 feet; thence North 55°12'00" West, 75.00 feet; thence North 28°36'00" West, 116.00 feet, being the last call long said centerline; thence North 02°11'40" East, 1086.00 feet to the North Quarter corner of said Section 4 and said Township line, being the last call form said documents; thence West, along said Township line to the southeast corner of the plat of Anchorage Point as recorded in Plat Book 15 page 7 in the Office of the Recorder in Kosciusko County Indiana: thence along the boundary of said plat the next 11 calls as platted; thence North 01º46'00" West, 20.00 feet; thence North 70°52'08" East, 107.01 feet; thence North 88°44'35'' East, 98.09 feet; thence Easterly 137.42 feet along a curve to the left, having a radius of 390.74 feet and a chord bearing North 78°58'17" East, 136.71 feet; thence North 07°54'33" West, 151.31 feet; thence Northwesterly, 885.96 feet along a curve to the left, having a radius of 7489.44 feet and a chord bearing North 68°49'40" West, 885.44 feet; thence North 72°10'16" West, 220.08 feet; thence North 80°16'43" West 132.68 feet; thence South 03°53'40" East, 232.78 feet; thence South 88°28'40" West, 233.20 feet; thence South 01°45'12" East, 417.24 feet to the North right-of-way of Anchorage Road; thence West, along said North right-of-way to the Point of Beginning, containing 419.2 acres more or less.
Subject to all covenants, easements, or restrictions of record and all applicable building and zoning laws and ordinances and possible rights of tile and drainage ditches.
WHEREAS, Exhibit A also includes a map of the Annexation Territory; and
WHEREAS, the Annexation Territory is at least one-eighth (1/8) contiguous to the existing corporate boundaries of the City; and
WHEREAS, it is the intent of this Council that there be no change in zoning classification for the Annexation Territory; and
WHEREAS, this Ordinance has been adopted following a duly noticed public hearing; and
WHEREAS, this Council has determined to annex the Annexation Territory pursuant to the terms of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Warsaw, Indiana, as follows:
1. The above recitals, including Exhibit A, are incorporated herein by reference as though fully set forth herein below. Two copies of Exhibit A shall be kept on file with the Clerk-Treasurer for public inspection.
2. In accordance with IC 36-4-3, the Annexation Territory is hereby annexed to the City of Warsaw and thereby included within its corporate boundaries pursuant to the terms of this Ordinance.
3. To the extent the Annexation Territory includes land contiguous to public highways, the Annexation Territory hall include the contiguous areas of the public highway and public highway rights-of-way as required by IC 36-4-3-2.5.
4. The Annexation Territory is hereby assigned to Common Council District No. 5.
5. The effective date of this annexation shall be as soon as lawfully permitted following its adoption and execution and publication as required by law.
6. All of the properties will be granted a three (3) year tax abatement as allowable under IC 36-4-3-8.5. Warsaw shall submit to the County a list of the eligible properties, duration of the abatements, and terms of the abatement.
7. The paragraphs sentences and words of this Ordinance are severble, and if any portion hereof is declared unconstitutional invalid or unenforceable by a court of competent jurisdiction such declaration shall not affect the remaining portions of this Ordinance.
8. All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed.
PASSED AND ADOPTED by the Common Council of the City of Warsaw, Indiana this 7th day of May, 2018.
AYE NAY
Cindy Dobbins Cindy Dobbins
Jack Wilhite Jack Wilhite
Jeff Grose Jeff Grose
Ron Shoemaker Ron Shoemaker
Michael Klondaris Michael Klondaris
William G. Frush William G. Frush
Diane Quance Diane Quance
Joseph M. Thallemer
Presiding Officer, Common Council of
the City of Warsaw, Indiana
ATTEST: Lynne Christiansen,
Clerk-Treasurer, City of Warsaw, Indiana
NOTICE OF ADOPTION
Take Notice that on May 7th, 2018, The Common Council of the City of Warsaw adopted the following Ordinance No. 2018-01-03:
ORDINANCE NO. 2018-01-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF WARSAW INDIANA ANNEXING CERTAIN TERRITORY TO THE CITY OF WARSAW INDIANA FOLLOWING RECEIPT OF A VOLUNTARY PETITION, PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE
SAME A PART OF THE CITY OF WARSAW, INDIANA
(THE "AIRPORT INDUSTRIAL PARK ANNEXATION - PARCEL II)
WHEREAS, the Common Council (the "Council") of the City of Warsaw, Indiana (the "City") has investigated annexation of property [north/south/east/west] of its existing border; and
WHEREAS, pursuant to IC 36-4-3, the legislative body of a municipality may, by ordinance, annex territory that is contiguous to the municipality, subject to certain limitations; and
WHEREAS, pursuant to IC 36-4-3-1.7, a municipality must conduct an outreach program consisting of at least six (6) public information meetings to provide citizens with information regarding the proposed annexation; and
WHEREAS, City officials have conducted such outreach meetings and have provided citizens with information regarding the proposed annexation as required by IC 36-4-3-1.7; and
WHEREAS, responsible planning and State law require adoption of a written fiscal plan and a definite policy for the provision of services to the annexed areas; and
WHEREAS, this Council has previously adopted by resolution a written fiscal plan and definite policy for the provision of municipal services pursuant to Resolution No. 2018-01-01 (the "Fiscal Plan"); and
WHEREAS, the following is a legal description of the territory to be annexed, which territory consists of approximately 1 acre ("Annexation Territory");
A tract of land in the South Half of the Southeast Quarter of Section 32, Township 33 North, Range 6 East, Plain Township, Kosciusko County, Indiana, more particularly described as follows:
Commencing at the Southwest comer of the Southeast Quarter of Section 32; thence Easterly along the South line of said Southeast Quarter, and being the centerline of Anchorage Road (County Road 200 North) 1746.6 feet to a nail; thence Northerly 20 feet to an iron pin and the Point of Beginning located on the North right-of-way of Anchorage Road; thence Westerly, along said right-of-way 217.8 feet; thence Northerly, 200 feet; thence Easterly, 217.8 feet; thence Southerly, 200 feet to an iron pin and the Point of Beginning, containing 1.00 acres or less.
Subject to all covenants, easements, or restrictions of record and all applicable building and zoning laws and ordinances and possible rights of the and drainage ditches.
WHEREAS, Exhibit A also includes a map of the Annexation Territory; and
WHEREAS, the Annexation Territory is at least one-eighth (1/8) contiguous to the existing corporate boundaries of the City; and
WHEREAS, it is the intent of this Council that there be no change in zoning classification for the Annexation Territory; and
WHEREAS, this Ordinance has been adopted following a duly noticed public hearing;
WHEREAS, this Council has determined to annex the Annexation Territory pursuant to the terms of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Warsaw, Indiana, as follows:
1. The above recitals, including Exhibit A, are incorporated herein by reference as though fully set forth herein below. Two copies of Exhibit A shall be kept on file with the Clerk-Treasurer for public inspection.
2. In accordance with IC 36-4-3, the Annexation Territory is hereby annexed to the City of Warsaw and thereby included within its corporate boundaries pursuant to the terms of this Ordinance.
3. To the extent the Annexation Territory includes land contiguous to public highways, the Annexation Territory shall include the contiguous areas of the public highway and public highway rights-of-way as required by IC 36-4-3-2.5.
4. The Annexation Territory is hereby assigned to Common Council District No. 5.
5. The effective date of this annexation shall be as soon as lawfully permitted following its adoption and execution and publication as required by law.
6. All of the properties will be granted a three (3) year tax abatement as allowable under IC 36-4-3-8.5. Warsaw shall submit to the County a list of the eligible properties, duration of the abatements, and terms of the abatement.
7. The paragraphs, sentences and words of this Ordinance are severable, and if any portion hereof is declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance.
8. All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed.
PASSED AND ADOPTED by the Common Council of the City of Warsaw, Indiana this_____day of______ 2018.
