ORDINANCE NO. 1491 AN ORDINANCE ANNEXING CERTAIN 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 City of Nappanee desires to annex certain real estate in Union Township, Elkhart County, Indiana pursuant to IC 36-4-3-4(b) and the owners Air Investments, LLC, BRTB Investments, LLC, and Aero Ranch Properties, LLC, as the owners of such real estate have consented to the annexation of such real estate by the City of Nappanee, and WHEREAS, it is in the best interest of the City of Nappanee 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 36-4-3-4(b) the following territory, containing approximately 93.33 acres be and the same is hereby annexed to and incorporated within the boundaries of the Civil City of Nappanee, Indiana to-wit: Parcel A: Tract I: The East Two Hundred Fifty (250) of Lot Number Two (2) as the said Lot is known and designated on the recorded Plat of Airport Industrial Park Subdivision, in Union Township; said plat being recorded in the Office of the Recorder of Elkhart County, Indiana, in Plat Book 12, page 28. Tract II: Lot Numbered One (1) as the said Lot is known and designated on the recorded Replat of Airport Industrial Park P.U.D. in Union Township; said plat being recorded in the Office of the Recorder of Elkhart County, Indiana, in Plat Book 17, page 95. Tract III: Lot Numbered Two (2) as the said Lot is known and designated on the recorded Replat of Airport Industrial Park P.U.D. in Union Township; said plat being recorded in the Office of the Recorder of Elkhart County, Indiana, in Plat Book 17, page 95. Tax Code Number: 20-14-34-151-011.000-028. Parcel B: A part of the Northwest Quarter of Section 34, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana, and more particularly described as follows: Commencing at a Harrison monument marking the Southeast corner of said Northwest Quarter; thence West, 267.62 feet, along the South line of said Northwest Quarter, and U.S. Highway 6, to the point of beginning of this description; thence continuing along the last described line and bearing, 267.62 feet; thence North 00 degrees, 09 minutes, 59 seconds West, 970.74 feet, to an iron pipe; thence East, 267.62 feet, to a rebar; thence South 00 degrees, 09 minutes, 59 seconds East, 970.74 feet, to the point of beginning. Tax Code Number: 20-14-34-100-046.000-028. Parcel C: A part of the Southeast Quarter of the Northwest Quarter of Section 34, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana, described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 34 and running thence East along the South line of said quarter section and the center line of U.S. Highway No. 6, a distance of 350 feet to the place of beginning of this description; thence continuing East along the center line of U.S. Highway No. 6 a distance of 970 feet to the East line of the Northwest Quarter of said Section 34; thence North along said East line of said quarter section 970 feet to the South line of land conveyed to Nappanee Investors, Inc. (Deed Record 278, page 465); thence West along said South line 970 feet; thence 970 feet to the place of beginning. Less and excepting the following two (2) tracts: Exception No. 1 A part of the Northwest Quarter of Section 34, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana, and more particularly described as follows: Commencing at a Harrison monument marking the Southeast comer of said Northwest Quarter; thence West, 267.62 feet, along the South line of said Northwest Quarter, and U.S. Highway 6, to the point of beginning of this description; thence continuing along the last described line and bearing, 267.62 feet; thence North 00 degrees, 09 minutes, 59 seconds West, 970.74 feet, to an iron pipe; thence East, 267.62 feet, to a rebar; thence South 00 degrees, 09 minutes, 59 seconds East, 970.74 feet, to the point of beginning. Exception No. 2 art of the Southeast Quarter of the Northwest Quarter of Section Thirty-four (34), Township Thirty-five (35) North, Range Five (5) East, situate in Union Township, Elkhart County, State of Indiana, described as follows: Commencing at the Southwest corner of the Southeast Quarter of the Northwest Quarter of said Section Thirty-four (34), said point being one thousand three hundred twenty and seven hundredths (1320.07) feet East of a bronze pin marking the Southwest comer of the Northwest Quarter of said Section Thirty-four (34); said point also being one thousand three hundred twenty and seven hundredths (1320.07) feet West of a spike nail marking the Southeast corner of the Northwest Quarter of said Section Thirty-four (34); thence Eastwardly along the South line of the North Half of said Section Thirty-four (34), a distance of three hundred fifty (350) feet to a masonry nail marking the Southeast corner of land conveyed to Harlan D. Beer et al in Deed Record 350, page 01, said nail being the place of beginning of this description; thence continuing Eastwardly along the South line of the North Half of said Section Thirty-four (34), a distance of four hundred thirty-five (435) feet to a masonry nail; thence Northwardly with a deflection angle of ninety (90) degrees nine (09) minutes fifty-four (54) seconds to the left parallel with the East line of the Northwest Quarter of said Section Thirty-four (34), a distance of nine hundred seventy and thirty-five hundredths (970.35) feet to an iron stake on the South line of land conveyed to The Civil City of Nappanee, Indiana in Deed Record 345, page 9 (previously Nappanee Investors, Inc. - Deed Record 278, page 465); thence Westwardly with a deflection angle of eighty-nine (89) degrees forty-six (46) minutes forty-two (42) seconds to the left and along the South line of said City of Nappanee land, a distance of four hundred thirty-five (435) feet to an iron stake; thence Southwardly parallel with the East line of the Northwest Quarter of said Section Thirty-four (34), a distance of nine hundred seventy and seventy-seven hundredths (970.77) feet to the place ofbeginning of this description. Tax Code Number: 20-14-34-100-047.000-028 Parcel D: The Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of Section 34, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana. Less and excepting the following three (3) parcels: Exception No. 1 The North 350 feet thereof conveyed to Nappanee Investors, Inc., by Deed recorded in Deed Record 278, page 465. Exception No. 2 A tract 235 feet East and West by 970 feet North and South along the East side of said Quarter Section conveyed to Willie's Construction Company, Inc., by Deed recorded in Deed Record 317, page 208. Exception No. 3 A part of the Southwest Quarter of the Northeast Quarter of Section 34, Township 35 North, Range 5 East, Second Principal Meridian, Union Township, Elkhart County, Indiana, more particularly described as follows: Commencing at the Southwest comer of the Southwest Quarter of the Northeast Quarter of said Section 34 (basis of bearings West Line DALE D-PUD, South 00 degrees 01 minutes 36 seconds West); thence North 89 degrees 59 minutes 21 seconds East, along the South ine of said Northeast Quarter of Section 34, a distance of 1034.71 feet to the Point of Beginning of this description; thence continuing North 89 degrees 59 minutes 21 seconds East, along said South line of the Northeast Quarter of Section 34, a distance of 45.00 feet to a point; thence North 00 degrees 0 I minutes 36 seconds East, along the West line of Lots Numbered 1 and 2 in said recorded plat of DALE D-PUD, a distance of 970.57 feet to an iron rebar at the Northwest comer of said Lot Numbered 2 in the recorded plat of DALE D-PUD; thence North 90 degrees 00 minutes 00 seconds West, along the South line of Deed Record 278, page 465, a distance of 45.00 feet to an iron rebar with cap (DORIOT 890028); thence South 00 degrees 01 minutes 36 seconds West, a distance of 970.58 feet to the Point of Beginning. Tax Code Number: 20-14-34-200-013.000-028. Parcel E: The Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4) and the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 34, Township 35 North, Range 5 East, Union Township, Elkhart County, Indiana. Less and excepting the following four (4) tracts: Exception No. 1 15 acres by parallel lines off and from the East side of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 34. Exception No. 2 A part of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 34, Township 35 North, Range 5 East, in Elkhart County, Indiana, more fully described as follows: Beginning at a point on the North line of the said Southeast Quarter (SE 1/4), 495 feet West of the Northeast comer of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 34, Township 35 North, Range 5 East; thence continuing West on the North line of the Southeast Quarter (SE 1/4) aforesaid 198 feet; thence South 660 feet; thence East 198 feet; thence North 660 feet to the place of beginning. Exception No. 3 A part of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 34, Township 35 North, Range 5 East, in Elkhart County, Indiana, more fully described as follows: Beginning at a point on the North line of the said Southeast Quarter (SE 1/4) of Section 34, 1/4693 feet West of the Northeast comer of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 34, which point is the Northwest comer oflands now owned by Jonathan P. Blosser and Lila L. Blosser, husband and wife; thence continuing West along the North line of said Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 34 a distance of 264 feet; thence South approximately 1320 feet to the South line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 34; thence East along the South line of said Quarter Quarter Section 132 feet; thence North 660 feet to a point; thence East 132 feet to the Southwest comer of lands now owned by Jonathan P. Blosser and Lila L. Blosser, husband and wife; thence North approximately 660 feet to the point of beginning. Exception No. 4 A part of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 34, Township 35 North, Range 5 East, in Elkhart County, Indiana, more particularly described as follows: Beginning at the Northwest comer of the East 15 acres by parallel lines of said Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 34 and running thence South along the West line of property now owned by Nappanee Raceway, Inc., a distance of 660 feet to the Southeast comer of land now owned by Jonathan P. Blosser and Lila L. Blosser, husband and wife, for the point of beginning of the real estate herein being conveyed; thence West along the South line of Blosser land and an extension thereof 330 feet; thence South, parallel to the East line of said Northwest Quarter (NW 1/4) of Southeast Quarter (SE 1/4) a distance of 660 feet, more or Jess, to the South line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 34; thence East along the South line of said Quarter Quarter Section 330 feet to the Southwest comer of land now owned by Nappanee Raceway, Inc.; thence North along the West line of Nappanee Raceway, Inc. land approximately 660 feet to the point of beginning. Tax Code Numbers: 20-14-34-326-001.000-028 and 20-14-34-400-009.000-028. In accordance with Indiana Code Section 36-4-3-2.5, to the extent not already included in the above-referenced territory, those areas of any public highway and the rights of way of any public highway, which are contiguous to the above-referenced territory shall also be annexed to, and incorporated within the boundaries of the Civil City of Nappanee. SECTION 2. That upon annexation, the said described real estate be and the same is hereby determined to be a part of the 1-1 Industrial as the said district is known and designated in the Zoning Ordinance and the Zoning Maps of the City. SECTION 3. All territory being annexed pursuant to this Ordinance shall be assigned to the 4th municipal1egislative body district. SECTION 4. Upon passage, approval and publication, and absent remonstrance and appeal under IC 36-4-3-11 or IC 36-4-3-15.5, this Ordinance shall be in full force and effect ninety (90) days after its publication and upon the filing required by the IC 36-4-3-22(a).
PASSED AND ORDAINED THIS 20TH DAY OF NOVEMBER, 2014. Kathy L. Brown, Clerk-Treasurer PRESENTED TO ME AND APPROVED BY ME 20TH DAY OF NOVEMBER, 2014. Larry L. Thompson, Mayor 11-28 hspaxlp
