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NOTICE OF ADOPTION OF ANNEXATION ORDINANCE NOTICE is hereby given that the following Annexation Ordinance numbered 09-11-1, was adopted by the Town Council of the Town of Pierceton, Indiana, on the 14th Day of December, 2009, which Ordinance in its entirety is as follows: ORDINANCE NO. 09-11-1 AN ORDINANCE ANNEXING TERRITORY TO THE TOWN OF PIERCETON, INDIANA WHEREAS, Harvest Communities Ministries, Inc. and Elizabeth Ann Downs now Lewis, as the owners of certain territory contiguous to Town of Pierceton, Indiana, have filed a Petition requesting that the territory be annexed into the Town of Pierceton, Indiana, pursuant to I.C. 36-4-3-5.1 and WHEREAS, on the 9th day of November, 2009, the Town Council of the Town of Pierceton, Indiana, held a public hearing upon the proposed annexation and proposed Ordinance therefore, notice of which hearing was published in the Warsaw Times-Union on the 16th day of October, 2009, as required by law, and WHEREAS, after said public hearing, the Town Council for the Town of Pierceton, Indiana, did on the 9th day of November, 2009 adopt Resolution Number 11-1-09, a Resolution Establishing a Fiscal plan and definite policy for the furnishing of services to the territory for which annexation is sought, and WHEREAS, the Town Council has determined that the territory sought to be annexed to the Town is more than 1/8th contiguous to the Town, and has determined that it is in the best interest of the territory to be annexed into the Town of Pierceton, Indiana, and has decided to grant the Petition for Voluntary Annexation submitted herein. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PIERCETON, INDIANA, AS FOLLOWS: Section 1: Annexation: The following described territory is hereby annexed into the Town of Pierceton, Indiana, to-wit: A tract of land in the Northeast Quarter of Section 33, Township 32 North, Range 7 East, and the Northwest Quarter of Section 34, Township 32 North, Range 7 East, Washington Township, Kosciusko County, Indiana, more particularly described as follows: Beginning at a bronze pin at the Northeast corner of said Section 33, Township 32 North, Range 7 East the same also being the Northwest corner of said Section 34; thence East on and along the North line of said Section 34 the same being the existing boundary line of the Town of Pierceton, Indiana a distance of 20 feet more or less to a point of the said North line of Section 34 where the Eastern Right of Way line for County Road 700 East intersects said North line; thence South on and along said Eastern Right of Way line for County Road 700 East a distance of 630.00 feet more or less to a point on said Right of Way line that is directly East of a Mag nail on the Eastern Section Line of said Section 33 which Mag nail is located at a point that is South 88 degrees 25 minutes 55 seconds West of a bronze pin at the Northeast corner of said Section 33, Township 32 North, Range 7 East; thence West 20 feet more or less to said Mag nail on said Eastern Section line of said Section 33, the same being the Western Section Line of said Section 34 and thus the common section line of said Sections 33 and 34 all within the Right of way for said County Road 700 East; thence South 88 degrees 25 minutes 55 seconds West, parallel with the North line of said Section 33, Township 32 North, Range 7 East, 444.50 feet to an iron pipe; thence North 00 degrees 17 minutes 00 seconds West, parallel with said East line of the Northeast Quarter, 630.00 feet to an iron pin on the North line of said Section 33, Township 32 North, Range 7 East; thence North 88 degrees 25 minutes 55 seconds East, along said North Line the same also being the boundary line of the Town of Pierceton, Indiana, 444.50 feet to the Point of Beginning containing 6.72 acres more or less. Which territory is unimproved except for County Road 700 East, that is within the right-of-way that is being annexed herein and constitutes the eastern boundary of the territory. The northern boundary of the territory is 464.5 feet wide, running east and west, and coincides with the Town boundaries and lays adjacent to the Pierceton-Washington Park, so that 464.5 feet of the 2,189 feet of aggregate external boundaries of the territory is to coincide with the boundaries of the Town, resulting in a contiguity of more than 21 per cent which and is greater than 1/8th contiguity. Section 2: Assignment of Voting District: The territory being annexed herein is not assigned to a voting district for the reason that Town has abolished voting districts. Section 3: Effective Date: This Ordinance shall be effective upon its publication and recordation as provided by law, but if such date is before the year 2010 then the annexation shall not take effect until January 2, 2010, for the reason that I.C. 36-4-3-7(b) provides that an Ordinance adopted during the year preceding a year in which a Federal Decennial Census is being conducted takes effect January 2 of the year in which the Federal Decennial Census is conducted, which Census will be conducted in the year 2010. Adopted this 14th day of December, 2009, by the Town Council of the Town of Pierceton, Indiana, by a vote of 3 ayes and 0 nays. TOWN COUNCIL TOWN OF PIERCETON, INDIANA Jerry Hartman, President Jerry Kreger Armando Espinoza Attest: Janet Castle, Clerk Treasurer Town of Pierceton, Indiana Absent an Appeal under I.C. 36-4-3-15.5 and subject to I.C. 36-4-3-7(b) this Annexation Ordinance pursuant to I.C. 36-4-3 shall take effect thirty (30) days after its publication and upon filing and recording as required by I.C. 36-4-3-22(a). Janet Castle, Clerk Treasurer Town of Pierceton, Indiana James L. Walmer, Atty. ID 992-43 Attorney for Town of Pierceton 827 S. Union Street - Suite 220 P.O. Box 1056 Warsaw, IN 46581-1056 Telephone No. 574-269-2095 d18
