ORDINANCE NO. 1489 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 (First Church of God, 72036 CR 7) of a certain parcel of real estate, known as 26916 CR 54, 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: REAL ESTATE - 26916 CR 54 A part of the Northwest Quarter (NW 1/4) of the Northwest Quarter (NW 1/4) of Section 32, Township 35 North, Range 5 East, more particularly described as Commencing at the Northwest corner of said Northwest Quarter (NW 1/4) of said Northwest Quarter (NW 1/4) of said Section, and running thence East along the North line of said Quarter Section 466 2/3 feet for the point of beginning of the tract herein conveyed; thence continuing East on the North line of said Quarter Section 93.34 feet; thence South parallel with the West line of said Quarter Section 466 2/3 feet; thence West parallel with the North line of said Quarter Section 93.34 feet to the Southeast corner of lands of Grantee (Elkhart County Deed Record 269, page 542); thence North along the East line of Grantee's land 466 2/3 feet to the point of beginning, and containing One (1) Acre, subject to legal highway. 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. That in the case that the property located at 26916 CR 54 (church parsonage), herein referenced, is sold and/or separated from the property located at 72036 CR 7 (First Church of God), in that case, the seller shall be responsible to run a separate water service to the property located at 26916 CR 54. Also, the seller shall be responsible to provide the new owner with a utility easement following the path of the sewer service to 26916 CR 54. SECTION 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND ORDAINED THIS_______DAY OF________, 2014. Kimberly A. Ingle, IAMC, CMC, Clerk-Treasurer PRESENTED TO ME AND APPROVED BY ME THIS_____DAY OF____, 2014. Larry L. Thompson, Mayor 9-4 hspaxlp
