AN ORDINANCE ANNEXING ADJACENT AND CONTIGUOUS TERRITORY TO THE TOWN OF LAPEL, INDIANA.

WHEREAS, Indiana Code 36-4-3-5.1 and Indiana Code 36-4-3-3 authorizes the legislative body of a municipality to annex territory that is contiguous to a municipality; and

WHEREAS, the territory sought to be voluntarily annexed shall be rezoned for commercial, business, or industrial use, and can be used for such development purposes in the reasonably near future; and

WHEREAS, the Town Council of the Town of Lapel has conducted a public hearing on the annexation of this real estate.

NOW, THEREFORE, BE IT ORDAINED, by the Town Council for the Town of Lapel, as follows:

Section 1. That the following described real estate located in Madison County, Indiana, be annexed to and declared a part of the Town of Lapel, Indiana, to-wit:

Beginning at a point on the South line of the East Half of the Southeast Quarter of Section 21, Township 19 North, Range 6 East, said point being South 89 degrees and 02 minutes West 599.75 feet from the Southeast corner of said Section 21, and running thence South 89 degrees and 02 minutes West 378.45 feet along said South line to a point being 358.6 feet East of the Southwest corner of said East Half of the Southeast Quarter; thence North 00 degrees 12 minutes and 20 seconds West 868.5 feet parallel with the West line of said East Half to the Southerly right-of-way line of State Road 32; thence Northeasterly along said right-of-way line on a curve to the right having a radius of 5,694.6 feet, a distance of 100.75 feet to a concrete right-of-way marker; thence North 76 degrees and 45 minutes East 284.03 feet along said right-of-way line; thence South 00 degrees 24 minutes and 20 seconds East 950.2 feet to the place of beginning.

Being a part of the Southeast Quarter of the Southeast Quarter of Section 21, Township 19 North, Range 6 East and containing 7.86 Acres, more or less. Subject to legal right-of-ways.

ALSO beginning at the Southeast corner of Section 21, Township 19 North, Range 6 East and running thence South 89 degrees and 02 minutes West 599.75 feet along the South line of the East Half of said Southeast Quarter; thence North 00 degrees 24 minutes and 20 seconds West 950.2 feet parallel with the East line of said Southeast Quarter to the Southerly right-of-way line of State Road No. 32; thence North 76 degrees and 45 minutes East 505.17 feet along said right-of-way line to the Northwest corner of the Morris K. Hersberger property; thence South 00 degrees 24 minutes and 20 seconds East 143.2 feet to the Southwest corner of said Hersberger property; thence North 89 degrees and 02 minutes East 288.7 feet; thence South 00 degrees 24 minutes and 20 seconds East 915.5 feet; thence South 89 degrees and 02 minutes West 181.5 feet to the place of the beginning.

Being a part of the Southeast Quarter of the Southeast Quarter of Section 21, Township 19 North, Range 6 East and containing 13.62 Acres, and a part of the Southwest Quarter of the Southwest Quarter of Section 22, Township 19 North, Range 6 East and containing 3.814 Acres, and containing 17.434 Acres, more or less..

Including all state and county roads, and rights-of-way adjoining the above described property.

Section 2. The Clerk/Treasurer of the Town of Lapel, Indiana shall certify copies of this Ordinance to: the Auditor of Madison County, the Circuit Court Clerk of Madison County, the Indiana Secretary of State, and record said Ordinance in the office of the Recorder of Madison County, Indiana, thirty (30) days after publication of this Ordinance as by law provided.

Section 3. The Town Council finds that the Town has developed a fiscal plan and has established a definite policy to furnish the territory to be annexed within a period of three (3) years governmental and proprietary services furnished by the Town to other areas of the Town which have characteristics of topography, patterns of land utilization and population density similar to the annexed area.

Section 4. That the territory described in this Ordinance shall be zoned General Business (GB).

Section 5. This Ordinance shall be in full force and effect from and after its passage by the Town Council, and publication as by law provided.

Passed and Adopted by the Town Council of the Town of Lapel this 17th day of July 2008.

Further Information

5-2008
Date Passed: 7/17/2008