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ORDINANCE NUMBER 2008-07-05 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF WARSAW, INDIANA WHEREAS, James R. Miner and Nancy Miner ("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 June 2, 2008, and public hearing was scheduled for the annexation on July 7, 2008; Publication of Public Hearing Notice appeared in the Warsaw Times-Union on July 22, 2004 for the annexation. The public hearing on the annexation was held at a regular meeting of the Common Council on July 7, 2008. 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 July 21, 2008; 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 August 22, 2008. A tract of land located in the Northeast Quarter of Section 29, Township 33 North, Range 6 East. 2nd P.M., Plain Township. Kosciusko County. Indiana. more particularly described as follows: Commencing at a railroad spike at the Southeast comer of the Northwest Quarter of Section 29; thence North 00 degrees 55 minutes 00 seconds West, 696.23 feet (recorded); thence South 88 degrees 43 minutes 50 seconds West, 441.64 feet (recorded); to the East line of State Highway 15; thence North 31 degrees 50 minutes 00 seconds West, along the East line of said State Highway 15, 750.00 feet (recorded), to a 5/8 inch iron bar and the Point of Beginning; thence North 31 degrees 50 minutes 00 seconds West, 52.19 feet to a 5/8 inch iron bar and the point of curvature of a tangent curve; thence continuing along said State Highway line and along a curve to the right, 178.15 feet more or less, to the centerline of the Tippecanoe River, said curve having a radius of 597 .03 feet and subtended by a chord 177.49 feet and bearing North 23 degrees 17 minutes 48 seconds West; thence Easterly and Northeasterly along said river centerline, 167.22 feet, more or less; thence South 22 degrees 11 minutes 02 seconds East, 266.00 feet, more or less, to a 5/8 inch iron bar; thence South 67 degrees 49 minutes 11 seconds West, 150.00 feet to the Point of Beginning. Subject to a 20 foot easement, more particularly described as follows: Commencing at a railroad spike at the Southeast comer of the Northwest Quarter of Section 29; thence North 00 degrees 55 minutes 00 seconds West, 696.23 feet (recorded); thence South 88 degrees 43 minutes 50 seconds West, 441.64 feet (recorded), to the East line of State Road 15 South; thence North 31 degrees 50 minutes 00 seconds West, along the East line of said State Road 15 South, 750.00 feet (recorded) to a 5/8 inch iron bar and the Point of Beginning; thence North 31 degrees 50 minutes 00 seconds West, 20.29 feet; thence North 67 degrees 49 minutes 11 seconds East, 153.40 feet; thence South 22 degrees 11 minutes 02 seconds East, 20.00 feet to a 5/8 inch iron pipe; thence South 67 degrees 49 minutes 11 seconds West, 150.00 feet to the Point of Beginning. 2. The area shall be zoned RR-1/ Residential District 3. The area shall be located in the Council District 5. 4. This ordinance shall take effect August 22, 2008, 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 July, 2008. AYE NAY Kyle Babcock Dr. Joseph Thallemer Jeff R. Grose Charles Smith George Clemens Jerry Patterson Bill Rhoades Ernest Wiggins, Presiding Officer Common Council, City of Warsaw ATTEST: Elaine Call, Clerk-Treasurer PRESENTED TO AND APPROVED by me on this 21st day of July, 2008 Ernest Wiggins, Presiding Officer Common Council, City of Warsaw ATTEST: Elaine Call, Clerk-Treasurer This instrument prepared by Michael Valentine, Attorney at Law j30
