City of Warsaw Ordinance 2018-05-2 Voluntary Annexation
Posted
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NOTICE OF ADOPTION
Take Notice that on May 21st, 2018, The Common Council of the City of Warsaw adopted the following Ordinance No. 2018-05-02:
ORDINANCE NUMBER 2018-05-02
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE
CITY OF WARSAW, INDIANA
WHEREAS, the owners of property located in Shadow Lakes Estates Sections 1, 2, and 3, 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 29, 2018, and public hearing was scheduled for the annexation on May 7, 2018; Publication of Public Hearing Notice appeared in the Warsaw Times-Union on April 11, 2018 for the annexation. The public hearing on the annexation was held at a regular meeting of the Common Council on May 7, 2018. The fiscal plan was presented and approved on May 7, 2018 by the Common Council of the City of Warsaw, Indiana, with the adoption of the Ordinance on May 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 36-4-3-5.1, et seq., effective June 20, 2018.
A tract of land in the Southeast Quarter of Section 1I, Township 32 North, Range 6 East, Wayne Township, Kosciusko County, Indiana, more particularly described as follows:
Beginning at the Southwest comer of Shadow Lakes Estates, Section 2 as recorded in Plat Book 12, page 66 in the Office of the Recorder in Kosciusko County, Indiana; thence North 00°06'40" West (basis of bearings established by said Shadow Lakes Estates, Section 2), along the West line of said Section 2, 50.00 feet; thence North 00°38'20" West, along said West line, 200.00 feet to the intersection with the North right-of-way of Ontario Lane; thence North 89°2I'40" East, along said North right-of-way, 120.00 feet to the Southwest comer of Lot #14 in said Section 2; thence North 00°38'20" West, along the West line of said Lot #14, 224.28 feet to the Northwest comer of said Lot #14; thence South 82°19'10" West, along the North line of said Section 2, 96.76 feet; thence South 21°00'00" West, along said North line, 65.00 feet to the Northwest comer of said Section 2 and the East line of the Replat of Shadow Lakes Estates as recorded in Plat Book 12, page 47 in the Office of the Recorder in Kosciusko County, Indiana; thence North 00°05'32" East, along said East line, 12.38 feet to the Southeast comer of Lot #1 0 in said Replat; thence North 89°54'28" West, along the South line of said Lot#10, 2I5.06 feet to the Southwest comer of said Lot #10 and the East right-of-way of Superior Avenue; thence Northeasterly, 52.36 feet along a curve to the right, having a radius of 50.00 feet and a chord bearing North 30°05'32" East, 50.00 feet; thence Northeasterly, 60.18 feet along a curve to the left, having a radius of 50.00 feet and a chord bearing North 25°36'49" East, 56.61 feet to the Northwest comer of said Lot#10; thence North 81°08'06" East, along the North line of said Lot #10, 167.72 feet to the Northeast comer of said Lot #I 0; thence North 00°05'32" East, along the East line of said Replat, 149.37 feet to the Northeast comer of said Replat; thence North 89°54'28" West, along the North line of said Replat, 4I5.06 feet to the Northwest comer of said Replat also being the South comer of Jerry Newton's property described in document #200600011016; thence along the Easterly line of said Newton's property the next 4 calls; thence North 45°00'00" East, 73.53 feet; thence North 00°05'32" East, 102.33 feet; thence North 20°00'00" West, 35.00 feet; thence North 50°00°00" West, 52.00 feet to the North comer of said Newton property and the Southwest comer of Lot #68 in the Vacation and Replat of Lots Numbered 67, 68, 70, Part of Lot Number 69, and Part of Block "A", in the Plat of Shadow Lakes Estates, Section 3 as recorded in Plat Book 14, page 36 in the Office of the Recorder in Kosciusko County, Indiana; thence North 00°05'32" East, along the West line of said Vacated Replat and the West line of Shadow Lakes Estates, Section 3 as recorded in Plat Book 13, page 18 in the Office of the Recorder in Kosciusko County, Indiana, 1281.99 feet to the Northwest comer of said Section 3, also being the Northwest comer of the Southeast Quarter of said Section 11; thence North 89°43'50" East, along the North line of said Section 3 and the North line of said Southeast Quarter, 1327.65 feet to the Northeast comer of said Section 3; thence South 00°08'32" East, along the East line of said Section 3, 323.18 feet to the Northwest comer of Patrick T. and Annalisa Price's property described in document #2015051142; thence North 89°24'00" East, along the North line of said Price property, 163.52 feet; thence South 00°08'32" East, along the East line of said Price property, 786.36 feet; thence South 80°29'57" West, along the South line of said Price property, 165.72 feet to the South comer of said Price property and the East line of said Section 3; thence South 00°08'32" East, along said East line, 1048.36 feet to the Southeast comer of said Section 3; thence South 89°21'40" West, along the South line of said Section 3 and the South line of said Shadow Lakes Estates, Section 2, 916.90 feet to the Point of Beginning, containing 63.01 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.
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 June 20, 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 21st day of May, 2018.
