WARSAW - ANNEXING CERTAIN TERRITORY - ORDINANCE NUMBER 2012-04-02
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ORDINANCE NUMBER 2012-04-02 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF WARSAW, INDIANA WHEREAS, Lora J. Ogden and Cynthia J. Zehr ("Owner(s)"), have petitioned the Common Council of the City of Warsaw, Indiana ("Common Council") to annex certain real estate into the municipal territory of the City of Warsaw, Indiana pursuant to Indiana Code 36-4-3-5.1; and WHEREAS, Owners are the owners of 100% of the land in the territory sought to be annexed and 100% of the total assessed value of the land for property tax purposes; and WHEREAS, a Petition for Voluntary Annexation was introduced to the Common Council of the City of Warsaw on March 5, 2012, and public hearing was scheduled for the annexation on April 2, 2012; Publication of Public Hearing Notice appeared in the Warsaw Times-Union on March 12th, 2012 for the annexation. The public hearing on the annexation was held at a regular meeting of the Common Council on April 2, 2012. The fiscal plan was presented and approved by the Common Council of the City of Warsaw, Indiana, concurrent with the adoption of the Ordinance on April 16, 2012; and WHEREAS, the Common Council of the City of Warsaw, Indiana, has determined that the areas should be annexed to the City of Warsaw, Indiana. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WARSAW, INDIANA: 1. That the following described real estate be, and it hereby is, annexed into the municipal territory of the City of Warsaw, Indiana, in accordance with Indiana Code 36-4-3-1, et seq., effective May 16, 2012. The following described real estate in Kosciusko County, in the State of Indiana, to-wit: The west 100 acres of the northwest quarter of section 31, township 33 north, of range 6 east, less and excepting therefrom all of the following described tract that lies within the above described real estate, to wit: A part of the west 100 acres of the northwest quarter and a part of the southwest quarter all in section 31, township 33 north, range 6 east, Kosciusko County, Indiana, described as follows: Beginning at the southeast corner of said 100 acre tract of land (said tract of land being described in deed record 190, page 350): thence south 0 degrees 31 minutes 18 seconds east 81.02 feet along the east line of the owners' land in the southwest quarter of said section; thence south 88 degrees 19 minutes 00 seconds west 55.81 feet; thence north 82 degrees 13 minutes 16 seconds west 304.14 feet; thence south 88 degrees 19 minutes 00 seconds west 1,200.00 feet; thence south 45 degrees 55 minutes 31 seconds west 118.66 feet to the eastern boundary of County Road 200 West; thence north 1 degree 50 minutes 41 seconds west 400.00 feet along said eastern boundary; thence south 53 degrees 25 minutes 25 seconds east 113.04 feet; thence north 88 degrees 19 minutes 00 seconds east 1,556.83 feet to the east line of said 100-acre tract of land; thence south 1 degree 50 minutes 41 seconds east 219.0 feet along said east line to the point of beginning. 2. The area shall be zoned I-2/Industrial District 3. The area shall be located in the Council District 5 4. This ordinance shall take effect May 16, 2012, following its publication in the Warsaw Times-Union, in the absence of remonstrance and appeal under Indiana Code 36-4-3-5.1 or Indiana Code 36-4-3-15.5, and upon the filing of a certified copy of the ordinance with the, Kosciusko County Auditor, the Kosciusko County Circuit Court Clerk, Board of Registration, and the Office of Secretary of State, all pursuant to Indiana Code-36-4-3.22. ADOPTED this 16th day of April, 2012. AYE NAY Cindy Dobbins Elaine Call Jeff R. Grose Charles D. Smith Michael Klondaris William G. Frush Diane Quance PRESENTED TO AND APPROVED by me on this 16th day of April, 2012. ATTEST: Lynne Christiansen, Clerk-Treasure Joseph M. Thallemer, Presiding Officer Common Council, City of Warsaw I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. This instrument prepared by Michael L. Valentine, Attorney at Law. a20
