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 owner, Todd Cleveland, of a certain parcel 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 1.38 acres, together with that area of County Road 54 which is contiguous to such parcel be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit:
TRACT 1: A PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 35 NORTH, RANGE 5 EAST, ELKHART COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A STONE IN THE INTERSECTION OF COUNTY ROADS NUMBER 9 AND 54, SAID STONE MARKING THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 35 NORTH, RANGE 5 EAST, ELKHART COUNTY, INDIANA; THENCE DUE WEST ALONG THE NORTH LINE OF SECTION 32 AND THE CENTER LINE OF COUNTY ROAD 54, 1332 FEET: THE PLACE OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID DESCRIBED BEARING 200 FEET; THENCE DUE SOUTH, 200 FEET; THENCE DUE EAST, 200 FEET; THENCE DUE NORTH, 200 FEET TO THE PLACE OF BEGINNING.
TRACT 2: A PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 35 NORTH, RANGE 5 EAST, SECOND PRINCIPAL MERIDIAN IN UNION TOWNSHIP, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A STONE IN THE INTERSECTION OF COUNTY ROADS NUMBER 9 AND 54 MARKING THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 35 NORTH, RANGE 5 EAST AND RUNNING WEST ON THE NORTH LINE OF SAID QUARTER SECTION,1532 FEET; THENCE SOUTH 200 FEET TO AN IRON STAKE MARKING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 100 FEET; THENCE EAST 200 FEET; THENCE NORTH
100 FEET TO AN IRON STAKE; THENCE WEST 200 FEET TO THE POINT OF BEGINNING.
SUBJECT TO ANY AND ALL EASEMENTS, CURRENT TAXES, ASSESSMENTS, RESTRICTIONS AND RIGHT 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 4th 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 1st DAY OF JUNE 2020.
Jeff Knight, Clerk-Treasurer
PRESENTED TO ME AND APPROVED BY ME THIS 1st DAY OF JUNE 2020.
