ORDINANCE NO. 1498 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 SHI Realty, LLC, and Access Two N One LLC as the owners of such real estate hereafter more particularly described, have consented to the annexation of such real estate by the City of Nappanee, and WHEREAS, the real estate to be annexed which is owned by SHI Realty, LLC is described as follows: Lots numbered Three (3), Four (4) and Five (5), as the said lots are known and designated on the recorded Replat of Airport Industrial Park P.U.D. in Union Township; said Replat being recorded in Plat Book 17, Page 95, in the Office of the Recorder of Elkhart County Indiana; and WHEREAS, the real estate to be annexed which is owned by Access Two N One LLC is described as follows: Lots numbered Six (6) and Seven (7), as the said lots are known and designated on the recorded Replat of Airport Industrial Park P.U.D., in Union Township; said Replat being recorded in Plat Book 17, Page 95, in the Office of the Recorder of Elkhart County Indiana; 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 10.61 acres plus public highways and dedicated rights of way contiguous to such territory 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: Lots numbered Three (3), Four (4), Five (5), Six (6) and Seven (7) as the said Lots are known and designated on the Recorded plat of Replat of Airport Industrial Park P.U.D., a subdivision in Union Township, Elkhart County, Indiana, said Replat being recorded in Plat Book 17, Page 95, in the Office of the Recorder of Elkhart County, Indiana SECTION 2. That upon annexation, the said described real estate be and the same is hereby determined to be classified as 1-1 Industrial, as that classification 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 41h municipal legislative body district. SECTION 4. The property annexed pursuant to this Ordinance contains real estate contiguous to public highways and this ordinance also annexes those public highways and rights of way of the public highways which are contiguous to the property being annexed. SECTION 5. 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 IC 36-4-3-22(a). Exhibit A: Lots Numbered Three (3), Four (4), Five (5), Six (6) and Seven (7) as the said Lots are known and designated on the Recorded plat of REPLAT OF AIRPORT INDUSTRIAL PARK P.U.D., a subdivision in Union Township, Elkhart County, Indiana PASSED AND ORDAINED THIS 6th DAY OF JULY, 2015. PRESENTED TO ME AND APPROVED BY ME THIS 6th day of July, 2015. Larry L. Thompson, Mayor 7-16 hspaxlp
