AN ORDINANCE ANNEXING CERTAIN CONTIGUOUS TERRITORY TO THE CITY OF NAPPANEE, INDIANA AND DECLARING THE SAME TO BE A PART OF THE CITY OF NAPPANEE, INDIANA, AND PRESCRIBING THE ZONING AND LAND USE THEREOF
WHEREAS, the owners, Round Table Consortium, LLC, and RTN Corporation, of certain parcels of real estate lying contiguous to the City of Nappanee, Indiana, Elkhart County, and as hereinafter more particularly described, have petitioned the City of Nappanee Common Council to annex this certain parcel of real estate, and
WHEREAS, the said area sought to be annexed is urban in character, is an economic part of the City of Nappanee, and it is in the best interest of said City that the said territory be annexed to the City of Nappanee.
NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF NAPPANEE, INDIANA:
SECTION 1. Pursuant to IC 36-4-3-5.1 the following contiguous territory, containing two (2) tracts totaling approximately 73.99 acres, together with that area of County Road 52 which is contiguous to such parcel be and the same is hereby annexed to and incorporated within the boundaries ofthe Civil City of Nappanee,Indiana to-wit:
TRACT 1: A PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 35 NORTH, RANGE 4 EAST, SECOND PRINCIPAL MERIDIAN, LOCKE TOWNSHIP, ELKHART COUNTY, INDIANA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A HARRISON SECTION CORNER MONUMENT AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 25 AND THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 29 TO HAVING A RECORD BEARING OF NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST; THENCE NORTH 88 DEGREES 40 MINUTES 37 SECONDS WEST, A DISTANCE OF 940.00 FEET TO A PK NAIL AT THE NORTHWEST CORNER OF DEED RECORD 2003-07433 BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF DEED RECORD 2003-07433, A DISTANCE OF 220.00 FEET TO THE SOUTHWEST CORNER OF A DEED RECORD 2003-07433; THENCE SOUTH 88 DEGREES 40 MINUTES 37 SECONDS EAST ALONG THE SOUTH LINE OF THE FOLLOWING DEED RECORDS 2003-07433,93-026832, 87-011403, 2000-21069, 97-013063, 238-409 A DISTANCE OF 650.00 FEET TO A POINT ON THE WEST LINE OF DEED RECORD 96-021097; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF THE FOLLOWING DEED RECORDS 96-021097,398-941, AND 94-015830, A DISTANCE OF 275.51 FEET TO THE MOST NORTHEAST CORNER OF DEED RECORD 99-29627; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE NORTH LINE OF SAID DEED RECORD 99-29627, A DISTANCE OF 300.00 FEET TO THE NORTHWEST CORNER OF SAID DEED RECORD 99-29627; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF SAID DEED RECORD 99-29627, A DISTANCE OF 388.00 FEET TO THE SOUTHWEST CORNER OF SAID DEED RECORD 99-29627; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 300.00 FEET TO THE MOST SOUTHEAST CORNER OF SAID DEED RECORD 99-29627 AND ON THE WEST LINE OF DEED RECORD 97-013600; THENCE SOUTH 0 DEGREES 03. MINUTES 31 SECONDS EAST ALONG THE WEST LINE OF DEED RECORDS 97-013600,97-017724,99-016251, AND 99-016250, A DISTANCE OF 435.51 FEET TO AND IRON PIPE AT THE SOUTHWEST CORNER SAID DEED RECORD 99-016250; THENCE NORTH 88 DEGREES 38 MINUTES 48 SECONDS WEST, ALONG THE NORTH LINE OF DEED RECORD 92-08036 A DISTANCE OF 700.59 FEET TO AN IRON REBAR WITH CAP (DORIOT 890028) BY A RAILROAD RAIL POST AT THE NORTHEAST CORNER OF DEED RECORD 2002-06156 (CITY OF NAPPANEE); THENCE NORTH 88 DEGREES 41 MINUTES 22 SECONDS WEST ALONG THE NORTH LINE OF SAID DEED RECORD 2002-06156 (CITY OF NAPPANEE), A DISTANCE OF 984.32 FEET TO AN IRON REBAR WITH CAP (DORIOT 890028) BY AN 8X8 CORNER POST AT THE NORTHWEST CORNER OF SAID DEED RECORD 2002-06156 (CITY OF NAPPANEE); THENCE SOUTH 0 DEGREES 05 MINUTES 53 SECONDS WEST ALONG THE WEST LINE OF SAID DEED RECORD 2002-06156 (CITY OF NAPPANEE), A DISTANCE OF 1159.31 FEET TO THE CENTERLINE OF BERLIN COURT DITCH A LEGAL DRAIN OF ELKHART COUNTY INDIANA; THENCE NORTH 78 DEGREES 57 MINUTES 16 SECONDS WEST ALONG SAID CENTERLINE OF BERLIN COURT DITCH A LEGAL DRAIN OF ELKHART COUNTY INDIANA AND THE NORTH LINE OF DEED RECORD 2001-23911, A DISTANCE OF 673.50 FEET TO THE INTERSECTION OF SAID CENTERLINE OF BERLIN COURT DITCH AND THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 25; THENCE NORTH 0 DEGREES 16 MINUTES 51 SECONDS EAST ALONG SAID WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 25, A DISTANCE OF 1047.21 FEET TO A RAILROAD RAIL POST MONUMENTING THE NORTHWEST CORNER OF THE SOUTH HALF OF SAID SOUTHEAST QUARTER OF SECTION 25; THENCE NORTH 0 DEGREES 27 MINUTES 09 SECONDS EAST ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 25,A DISTANCE OF 1096.93 FEET TO AN IRON PIPE AT THE SOUTHWEST CORNER OF DEED RECORD 257-268; THENCE SOUTH 88 DEGREES 44 MINUTES 04 SECONDS EAST ALONG THE SOUTH LINE OF SAID DEED RECORD 257-268, A DISTANCE OF 150.55 FEET (150.00 FEET RECORD) TO AN IRON REBAR CAPPED BRADSKO MONUMENTING THE SOUTHEAST CORNER OF SAID DEED RECORD 257-268; THENCE NORTH 0 DEGREES 18 MINUTES 31 SECONDS EAST, A DISTANCE OF 219.86 FEET (220.00 FEET RECORD) TO THE NORTHEAST CORNER OF SAID DEED RECORD 257-268 BEING ON SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 25; THENCE SOUTH 88 DEGREES 40 MINUTES 37 SECONDS EAST ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 25, A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF DEED RECORD 268-572; THENCE SOUTH 0 DEGREES 18 MINUTES 36 SECONDS WEST ALONG THE WEST LINE OF SAID DEED RECORD, A DISTANCE OF 219.85 FEET (220.00 FEET RECORD) TO AN IRON REBAR CAPPED BRADSKO; THENCE SOUTH 88 DEGREES 39 MINUTES 49 SECONDS EAST ALONG THE SOUTH LINE OF DEED RECORDS 268-572, 312-373, AND 90-011710, A DISTANCE OF 538.28 FEET (537.00 FEET RECORD) TO THE NORTHWEST CORNER OF DEED RECORD 268-647; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF SAID DEED RECORD 268-647, A DISTANCE OF 220.00 FEET TO THE SOUTHWEST CORNER OF SAID DEED RECORD 268-647; THENCE SOUTH 88 DEGREES 40 MINUTES 37 SECONDS EAST ALONG THE SOUTH LINE OF SAID DEED RECORD 268-647, A DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF SAID DEED RECORD 268-647; THENCE NORTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID DEED RECORD 268-647, A DISTANCE OF 220.00 FEET TO THE NORTHEAST CORNER OF SAID DEED RECORD 268-647 BEING ON THE SOUTH LINE OF DEED RECORD 408-334; THENCE SOUTH 88 DEGREES 40 MINUTES 37 SECONDS EAST ALONG THE SOUTH LINE OF DEED RECORDS 408-334, 222-648, 274-500, 239-564, AND 270-177, A DISTANCE OF 695.00 FEET TO THE SOUTHEAST CORNER OF SAID DEED RECORD 270-170; THENCE NORTH 0 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID DEED RECORD 270-170, A DISTANCE OF 220.00 FEET TO THE NORTHEAST CORNER OF SAID DEED RECORD 270-170 BEING ON SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 25; THENCE SOUTH 88 DEGREES 40 MINUTES 37 SECONDS EAST ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 25, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.
TRACT 2: A PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 35 NORTH, RANGE 4 EAST, DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS PLUG IN STATE HIGHWAY NUMBER 19 AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE NORTH 88 DEGREES 40 MINUTES WEST ALONG THE NORTH LINE OF SAID QUARTER SECTION, 390 FEET FOR THE BEGINNING POINT OF THIS OF THIS DESCRIPTION; THENCE CONTINUING NORTH 88 DEGREES 40 MINUTES WEST ALONG THE NORTH LINE OF SAID QUARTER SECTION, 100 FEET; THENCE DUE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION,220 FEET; THENCE SOUTH 88 DEGREES 40 MINUTES EAST, 100 FEET; THENCE DUE NORTH, 220 FEET TO THE PLACE OF BEGINNING.
LESS AND EXCEPTING THE FOLLOWING:
A PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 35 NORTH, RANGE 4 EAST, LOCKE CIVIL TOWNSHIP, ELKHART COUNTY INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 25; THENCE NORTH 89 DEGREES 09 MINUTES 28 SECONDS WEST (BASE OF BEARING: GRID) ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, FOR 390.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 89 DEGREES 09 MINUTES 28 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER FOR 30.43 FEET; THENCE SOUTH 00 DEGREES 50 MINUTES 32 SECONDS WEST, PERPENDICULAR TO THE NORTH LINE OF SAID SOUTHEAST QUARTER FOR 35.00 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 28 SECONDS EAST, ALONG A LINE 35 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER FOR 31.23 FEET; THENCE NORTH 00 DEGREES 28 MINUTES 51 SECONDS WEST FOR 35.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED CONTAINING 73.99 ACRES OF LAND, MORE OR LESS. THE ABOVE DESCRIBED BEING SUBJECT TO ALL EASEMENTS, RESTRICTIONS, AND PUBLIC RIGHTS OF WAY OF RECORD
See Exhibit A
SECTION 2. That upon annexation,the said described real estate be and the same is hereby determined to be a part of the R-1 Residential District as the said district is known and designated in the Zoning Ordinance and the Zoning Maps of the City.
SECTION 3. That all territory being annexed pursuant to this Ordinance shall be assigned to the 2nd municipal legislative body district.
SECTION 4. Upon passage, approval and publication, and absent appeal under IC 36-4-3-15.5, this Ordinance shall be in full force and effect thirty (30) days after its publication and upon the filing and recording of this Ordinance pursuant to IC 36-4-3-22.
PASSED AND ORDAINED THIS 6th DAY OF JULY 2020.
Jeff Knight, Clerk-Treasurer
PRESENTED TO ME AND APPROVED BY ME THIS 6TH DAY OF JULY 2020.
