179-24 - ORDINANCE NO. 19 of 2024

ORDINANCE NO. 19 of 2024

AN ORDINANCE ANNEXING TERRITORY TO THE CORPORATE BOUNDARIES OF THE TOWN OF WINAMAC, INDIANA 

PURSUANT TO IC 36-4-3-4(a)(3)

WHEREAS, the Town Council of the Town of Winamac, Indiana (“Town”), conducted a public hearing, pursuant to notice as required by law, to consider annexation to the Town’s corporate boundaries of certain territory described below; and,

WHEREAS, the owner of that territory has requested that the Town annex its property; and

WHEREAS, the territory will be occupied by a solar electric generating facility that will be interconnected to an electric utility owned by the Town; and

WHEREAS, the City Council has determined it is in the best interests of the Town and the owner of said territory that it be annexed; 

NOW, THEREFORE, BE IT ESTABLISHED AND ORDAINED, that there is hereby annexed to and within the corporate boundaries of the Town of Winamac, Pulaski County, Indiana, the following described real estate (the “Territory”), to-wit:

Section 1(a) Legal Description. The description of Territory to be annexed and the last known owners are:

Owner:

Galco, Inc.

P.O. Box 342

Winamac, IN 46996

Tract 1 Legal Description:

Part of the Southeast Quarter of the Southwest Quarter of Section 7. Township 30 North, Range1 West described as follows: 30 acres, uniform in width off the West side of the Southeast Quarter of the Southwest Quarter of said Section 7; EXCEPTING THEREFROM the following described tract: Commencing at a point 331 feet West of the Southeast corner of the Southwest Quarter of said Section 7; thence North 132 feet; thence West 662 feet; thence South 132 feet; thence East 662 feet and to the point of beginning, containing after said exception 27.99 acres, more or less.

Also EXCEPTING: Part of the Southeast Quarter of the Southwest Quarter of Section 7, Township 30 North Range 1 West of the Second Principal Meridian in Monroe Township, Pulaski County, Indiana, being part of a tract conveyed to Donald Galbreath and Delores Galbreath in Deed Record 140, page 300 in the Office of the Recorder of Pulaski County, Indiana, more particularly described as follows: Commencing at a point 641 feet West of the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 7, at the Southeast corner of a tract conveyed to Richard B. Harris and Nancy L. Harris in Instrument No. 2001-2851 in the Office of the Recorder of Pulaski County, Indiana; thence North along the East line of said “Harris” tract, a distance of 132 feet to the Northeast corner of said “Harris” tract, being the Point of Beginning: Thence West, along the North line of said “Harris” tract, a distance of 322 feet, to a point 30 feet East of the Northwest corner of said “Harris” tract; thence North, parallel with the West line of said “Harris” tract extended, a distance of 15 feet; thence East, 15 feet North of and parallel with, by parallel lines and perpendicular measurement, the North line of said “Harris” tract, a distance of 322 feet; thence South, along the extension of the East line of said “Harris” tract, a distance of 15 feet, to the Point of Beginning: Containing 0.111 acres, more or less, all in Monroe Township, Pulaski County, Indiana.

Also EXCEPTING: Part of the Southeast Quarter of the Southwest Quarter of Section 7, Township 30 North, Range 1 West of the Second Principal Meridian in Monroe Township, Pulaski County, Indiana, being part of a tract conveyed to Donald Galbreath and Delores Galbreath in Deed Record140, page 300 in the Office of the Recorder of Pulaski County, Indiana, more particularly described as follows: Commencing at a point 331 feet West of the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 7, at the Southeast corner of a tract conveyed to Beverly S. Daugherty in Instrument No. 2005-1281 in the Office of the Recorder of Pulaski County, Indiana; thence North along the East line of said “Daugherty” tract, a distance of 132 feet, to the Northeast corner of said “Daugherty” tract, being the Point of Beginning: Thence West, along the North line of said “Daugherty” tract, a distance of 155 feet, to the Northwest corner of said “Daugherty” tract; thence North; along the Extension of the West line of said “Daugherty” tract, a distance of 15 feet, thence East, 15 feet North of and parallel with, by parallel lines and perpendicular measurement, in the North line of said “Daugherty” tract, a distance of 155 feet, more or less, to a point on the West line of Bennett’s Subdivision, as shown in Plat Book 2, page 85 in the Office of the Recorder of Pulaski County, Indiana; thence South, along the West line of said “Bennett’s Subdivision”, as well as the extension of the East line of said “Myers” tract, a distance of 15 feet, to the Point of Beginning: Containing 0.053 acres, more or less, all in Monroe Township, Pulaski County, Indiana.

Also EXCEPTING: Part of the Southeast Quarter of the Southwest Quarter of Section 7, Township 30 North, Range 1 West of the Second Principal Meridian in Monroe Township, Pulaski County, Indiana, being part of a tract conveyed to Donald Galbreath and Delores Galbreath in Deed Record 140, page 300 in the Office of the Recorder of Pulaski County, Indiana, more particularly described as follows: Commencing at a point 486 feet West of the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 7, at the Southeast corner of a tract conveyed to Bryan Myers in Instrument No. 2018-0441 in the Office of the Recorder of Pulaski County, Indiana; thence North, along the East line of said “Myers” tract, a distance of 132 feet, to the Northeast corner of said “Myers” tract, being the Point of Beginning; Thence West, along the North Line of said “Myers” tract, a distance of 155 feet, to the Northwest corner of said “Myers” tract; thence North, along the extension of the West line of said “Myers” tract, a distance of 15 feet; thence East, 15 feet North of and parallel with, by parallel lines and perpendicular measurement, the North line of said Myers tract, a distance of 155 feet; thence South, along the extension of the East line of said “Myers” tract, a distance of 15 feet, to the Point of Beginning; Containing 0.054 acres, more or less, all in Monroe Township, Pulaski County, Indiana.

Tract 2 Legal Description:

Part of the Southeast Quarter of the Southwest Quarter of Section 7, Township 30 North, Range 1 West of the Second Principal Meridian in Monroe Township, Pulaski County, Indiana, being part of a tract conveyed to Richard B. Harris and Nancy L. Harris in Instrument No. 2001-2851 in the Office of the Recorder of Pulaski County, Indiana, being more particularly described as follows: Beginning at a point 963 feet West of the Southeast corner of the Southeast Quarter of the Southwest Quarter of said Section 7; thence continuing West, along the South line of the Southeast Quarter of the Southwest Quarter of said Section 7, a distance of 30 feet, to the Southwest corner of said “Harris” tract; thence North, along the West line of said “Harris” tract, a distance of 132 feet, to the Northwest corner of said “Harris” tract; thence East, along the North line of said “Harris” tract, a distance of 30  feet; thence South, parallel with the West line of said “Harris” tract, a distance of 132 feet, to the Point of Beginning; Containing 0.091 acres, more or less, all in Monroe Township, Pulaski County, Indiana.

(b) Highways and Rights-of-way. Included in the Territory is the following public highway and right-of-way: None

(c) Acreage. The Territory is comprised of approximately 28 acres, more or less.

(d) Special Terms and Conditions. The following special terms and conditions are in effect for the Territory: None

(e) Real Property Tax Abatements. The following real property tax abatements are in effect for the Territory: None

Section 2. All parcels annexed pursuant to this Ordinance, shall be included in the voting precinct of Monroe Township within the City.

Section 3. The Clerk-Treasurer is hereby directed to publish this Ordinance one (1) time in a newspaper of legal record.

Section 4. If no appeal to this voluntary annexation is timely filed, the Clerk-Treasurer shall comply with the requirements of I.C. 36-4-3-22.

Section 5. This Ordinance shall be in full force and effect not less than thirty (30) days after the publication hereof and after the Clerk-Treasurer having complied with IC 36-4-3-22.

Introduced initially, pursuant to Indiana Code 36-4-3, this 12th day of August 2024.

ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF WINAMAC, INDIANA, THIS 14th DAY OF OCTOBER, 2024.

THE WINAMAC, INDIANA TOWN COUNCIL

APPROVED: Larry Weaver, President; Alvin R. Parish, Vice-President; Tom J. Murray, Councilmember; Judy Heater, Councilmember

ATTEST: Kendra K. Craft, Clerk-Treasurer

179-24 G 11/6