ORDINANCE NO. 1529 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, Heritage Farms, LLC, being the sole owner of one hundred percent (100%) of a certain parcel of real estate lying contiguous to the City of Nappanee, Indiana, Elkhart County, Indiana, and as hereinafter more particularly described, has petitioned the City of Nappanee Common Council, pursuant to IC 36-4-3-5.1, to annex this certain parcel of real estate, and WHEREAS, 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 approximately 4.964 acres be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit: The following described real estate in Union Township, Elkhart County, Indiana: A part of the southwest quarter of Section 29, Township 35 North, Range 5 East and being more particularly described as follows: Commencing at a Harrison monument marking the Northwest comer of the Southwest quarter of said section 29; thence on an assumed bearing of South 90 degrees 00 minutes 00 seconds East along the North line of the Southwest quarter of said section 29 and the centerline of County Road number 52, a distance of 1645.20 feet to a railroad spike marking the Northeast comer of a parcel of land conveyed to Jonas E. and Mary A. Hochstetler as described and recorded in the office of the recorder of Elkhart County in instrument number 96 017658; the point of beginning of this description; thence continuing south 90 degrees 00 minutes 00 seconds east along said north line and said centerline, a distance of 348.41 feet to a railroad spike marking the northwest comer of a parcel of land conveyed to Patrick N. Mishler as described and recorded in the office of the recorder of Elkhart County in instrument number 2003-26632; thence South 00 degrees 05 minutes 00 seconds East along the West line of said Mishler parcel, a distance of 618.81 feet; thence North 90 degrees 00 minutes 00 seconds West parallel with the north line of the Southwest quarter of said Section 29, a distance of 350.53 feet to East line of aforesaid Hochstetler parcel; thence North 00 degrees 06 minutes 46 seconds East along the East line of said Hochstetler parcel, a distance of 618.81 feet to point of beginning of this description, containing 4.964 acres, more or less, being subject to all easements, restrictions and public rights of way of record. 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 Single Family Residential District as that classification is known and designated in the Zoning Ordinance and the Zoning Maps of the City. SECTION 3 The property annexed pursuant to this Ordinance does not contain real estate contiguous to public highway. SECTION 4. All territory being annexed pursuant to this Ordinance shall be assigned to the 4th municipal legislative body district. SECTION 5. 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 filings required pursuant to IC 36-4-3-22(a). PASSED AND ORDAINED THIS 21ST DAY OF NOVEMBER, 2016. Kathy L. Brown, Clerk-Treasurer PRESENTED TO ME AND APPROVED BY ME THIS 21st DAY OF NOVEMBER, 2016. Phil Jenkins, Mayor 12-1 hspaxlp
