ORDINANCE NO. 1483 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 (Margaret Borkholder and Aluminum Trailer Company, Purchaser - CR 101 North) 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. The following contiguous territory be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit: EXHIBIT A - REAL ESTATE Legal Description: Borkholder/ATC - CR 101 North Part of the Southeast Quarter (SE 1/4) of Section 26, Township 35 North, Range 4 East, Situate in Locke Township, Elkhart County, State of Indiana, and being more particularly described as follows: Commencing at a concrete monument marking the Northwest corner of the Southeast Quarter (SE 1/4) of said Section 26; thence South 0° West along the West line of the Southeast Quarter (SE 1/4) of said Section 26 a distance of 1381.81 feet to a railroad spike on the centerline of Berlin Court Ditch, said spike being the PLACE OF BEGINNING of this description; thence continuing South 0° West along the West line of the Southeast Quarter (SE 1/4) of said Section 26 a distance of 1270.41 feet to a concrete monument marking the Southwest corner of the Southeast Quarter (SE 1/4) of said Section 26; thence North 89-41' East along the South line of the Southeast Quarter (SE 1/4) of said Section 26 a distance of 662.48 feet to a masonry nail marking the Southeast corner of the West Half (W 1/2) of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of said Section 26; said nail being South 89°-41' West a distance of 1996.9 feet from a rebar marking the Southeast corner of said Section 26; thence North 0°-01' West along the East line of the West Half (W 1/2) of the West Half (W 1/2) of the Southeast Quarter (SE 1/4) of said Section 26 a distance of 1143 feet more or less to a point on the centerline of said Berlin Court Ditch; thence Northwestwardly along the centerline of said Berlin Court Ditch 673 feet more or less to the place of beginning of this description. Containing 18.35 acres. Subject to any and all easements, current taxes, assessments, restrictions and 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 the said district is known and designated in the Zoning Ordinance and the Zoning Maps of the City. SECTION 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND ORDAINED THIS 7th day of July, 2014 Kathy L Brown, Clerk-Treasurer PRESENTED TO ME AND APPROVED BY ME THIS 7TH DAY OF JULY, 2014. Larry L. Thompson, Mayor 7-10 hspaxlp