ORDINANCE NUMBER 2014-01-01 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF WARSAW, INDIANA WHEREAS, the Mary J Mitchell Revocable Living Trust, owner of an undivided 1/2 interest, the James Gregory Mitchell Revocable Living Trust, owner of an undivided 1/2, interest, Timothy L. Zentz, Richard H. & Sharon K. Jaynes, Jeffery A. & Anna M. Beeler ("Owners"), 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 December 2, 2013, and public hearing was scheduled for the annexation on January 13, 2014; Publication of Public Hearing Notice appeared in the Warsaw Times-Union on December 16, 2013 for the annexation. The public hearing on the annexation was held at a regular meeting of the Common Council on January 13,2014. 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 January 21, 2014; 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, located in Wayne Township, Indiana, in accordance with Indiana Code 36-4-3-1, et seq., effective February 21, 2014. Part of the Southwest Quarter of Section 11, Township 32 North, Range 6 East, Kosciusko County, Indiana, described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 11; thence West, all the South line of said Southwest Quarter, to the centerline of County Road 225 East; thence North, along the centerline of County Road 225 East, to the intersection of said centerline and the Westerly extension of the South right-of-way line of Pontiac Drive, as shown on the plat of Tile First Addition to Indian Village, recorded in Plat Book 6, page 9 and found in the Office of the Recorder of Kosciusko County, Indiana, said point being the Point of Beginning; thence West, 20 feet, more or less, to the West right-of-way line of said County Road 225 East; thence North, along said West right-of-way line, to the North line of said Southwest Quarter; thence East, on said North line, to the Northeast comer of said Southwest Quarter; thence South, on the East line of said Southwest Quarter, to the Northeast comer of Lot 12 in the Second Addition to Indian Village, recorded in Plat Book 8, page 4; thence West, on the North line of said Second Addition to Indian Village, to the Northwest comer of Lot 10 said Second Addition to Indian Village; thence South on the West line of said Lot 10 and said West line extended South, to the South right-of-way line of Pontiac Drive; thence West, on said South right·of-way line, to the Northwest comer of Lot 17 in the aforementioned First addition to Indian Village; thence South, on the West line of said Lot 17, to the Southwest comer thereof; thence West, on the South right of way line of said Pontiac Drive, to the Point of Beginning, containing 44 acres, more or less. 2. The area shall be zoned R-/Residential District 3. The area shall be located in the Council District 2. 4. This ordinance shall take effect February 21, 2014, 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 21st day of January, 2014. 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 this 21st day of January, 2014. ATTEST: Lynne Christiansen, Clerk-Treasurer Joseph M. Thallemer, Presiding Officer Common Council, City of Warsaw 1-27 hspaxlp
