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RFTAMENDATORY
RESOLUTION 2015-01,ARATORY RF],SOLUTION OF THE CITY OF
NAPPANEF],
REDEVELOPMENT CO ON F'OR THE NAPPANEECONSOLIDATED TIF
DISTRICT
V/HEREAS the City of Nappanee Redevelopment Commission
("Commission") hasinvestigated, studied, and surveyed economic
development areas within the corporate boundaries ofthe City of
Nappanee, Indiana;
WHEREAS the Commission did on the 7t day of June, 1993 adopt a
DeclaratoryResolution establishing the Nappanee Downtown TIF
District;
WHEREAS the Commission did on the 16th day of August, 1993 adopt
a ConfirmatoryResolution confirming the Nappanee Downtown TIF
District which was filed with the ElkhartCounty Auditor;
WHEREAS the Commission did on the 21't day of January, 1999
adopt a DeclaratoryResolution establishing the Nappanee V/estside
lndustrial Park TIF District;
WHEREAS the Commission did on the 18 day of March, 1999 adopt a
ConfrmatoryResolution confirming the Nappanee Westside lndustrial
Park TIF District which was recorded onthe 24 day of Mar ch, 1999
as lnstrument Number 99-09457 , Elkhart County Records;
V/HEREAS the Commission did on the 6ft day September, 2001 adopt
a DeclaratoryResolution establishing the Nappanee Senior Housing
TIF District;
WHEREAS the Commission did on the 18tr day October, 2001 adopt
aResolution confirming the Nappanee Senior Housing TIF District
which was recorded on the 1day of October, 2001 as Instrument
Number 200I-33554, Elkhart County Records;
WHEREAS the Commission did on the 24 day of October, 2006 adopt
a DeclaratoryResolution amending the Nappanee Downtown TIF
District, the Nappanee V/estside Industrial ParkTIF District, and
the Nappanee Senior Housing TIF District and consolidating all of
those TIFDistricts into one TIF District now known as the Nappanee
Consolidated TIF District;
WHEREAS the Commission did on the 9th day of January, 2007 adopt
a ConfrmatoryResolution confrming the amendments and consolidating
the Nappanee TIF Districts into theNappanee Consolidated TIF
District which was recorded on the 23'd day of January, 2007
asInstrument Number 2007-02043, Elkhart County Records;
WHEREAS the Commission did on the 11 day of January,2011 adopt
an AmendatoryDeclaratory Resolution amending the Economic
Development Plan for the Nappanee ConsolidatedTIF District;
WHEREAS the Commission did on the 26th day of April, 2011 adopt
a ConfirmatoryResolution confirming the amendment of the Economic
Development Plan for the NappaneeConsolidated TIF District which
was recorded on the 28 day of April,2011 as Instrument Number201 1
-07889, Elkhart County Records;
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WHEREAS the Commission has selected two additional areas to be
part of the economicdevelopment area to be planned, replanned,
developed, and redeveloped under I.C. $ 36-7-14 as partof the
Nappanee Consolidated TIF District;
V/HEREAS it will be of public utility and benefit to acquire
property within and to developand redevelop the additional areas to
be part of the economic development area of the
NappaneeConsolidated TIF District;
WHEREAS the Commission has prepared an economic development plan
("Plan") for theadditional economic development areas for the
Nappanee Consolidated TIF District, which plan isattached to this
Resolution as Exhibit A;
WHEREAS the Commission has caused to be prepared:
1. Maps and plats showing:The boundaries of the additional
economic development areas, the locationofvarious parcels
ofproperty, streets, alleys, and other features affecting
theacquisition, clearance, replatting, replanning, rezoning, and
the economicdevelopment of the additional areas; and
The parts of the areas including improved streets, rights-oway,
and relatedimprovements that are to be devoted to public use under
the Plan;
2. Lists of the owners of the various parcels of property
included in the additionaleconomic development areas; and
3. An estimate of the cost of acquisition and implementing the
Plan;WHEREAS the Commission has caused to be prepared a factual
report ("Report") in
support of the findings contained in this Resolution, which
Report is attached to this Resolution asExhibit B;
NOW, THEREFORE, BE IT RESOLVED by the Commission that
1. The Commission has selected additional areas to be part of
the economicdevelopment areas within its corporate boundaries. The
Commission is hereby designatingadditional areas as part of the
Nappanee Consolidated Economic Development Area
(NappaneeConsolidated TIF District"), which additional areas are
described and shown on Exhibits C, D, andE which are attached
hereto.
2. The Commission declares that it will be of public utility and
benefit to amend theDeclaratory Resolution and Economic Development
Plan for the Nappanee Consolidated TIFDistrict.
a.
b
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3. The Commission declares that any additional areas to be
acquired and the additionalareas to be developed under this
Amendment are designated as part of the existing
economicdevelopment project area for purposes of I.C. 36-7-14 et
seq.
4. The Commission finds that the Plan for the additional
economic development areas:a. Promotes significant opportr-rnities
for the gainfi.rl employment of the citizens
of the City ofNappanee;
b. Will attract major new business enterprises to the City of
Nappanee;c Will retain or expand significant business enterprises
existing in the City of
Nappanee;
Benefits the public health, safety, morals, and welfare of the
citizens of theCity ofNappanee;
Increases the economic well-being of the City of Nappanee,
Elkhart County,and the State of Indiana; and/or
Serves to protect and increase property values in the City of
Nappanee,Elkhart County, and the State of Indiana.
5. The Commission finds that the Plan cannot be achieved by
regulatory processes orby the ordinary operation of private
enterprise without resort to the powers allowed by theCommission
under LC. $36-7-14 because of the lack of local public improvements
and multipleownership of land and specifically:
The need for sanitary sewer lines, water lines, a water tower,
and relatedutility improvements to serve the additional economic
development areas;and
The need for improved public roads, traffic signals, bridges,
drainage, andpublic right-of-way in and serving the additional
economic developmentareas.
The need for public amenities including soccer fields,
restrooms, stands,lockers, a concession building, lighting,
signage, and other related orrecreationally related features in and
serving the additional economicdevelopment areas.
The need for airport and rail improvements in and serving the
additionaleconomic development areas.
6. The Commission finds that the accomplishment of the Plan will
be of public utilityand benefit as measured by:
d.
f.
a.
b.
c.
d.
aJ
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The attraction or retention of permanent jobs;
An increase in the properly tax base; and/or
Improved diversity of the economic base
l. The Commission finds that the public health and welfare will
be benefited byaccomplishment of the Plan for the additional
economic development areas.
8. The Commission finds that the Plan for the additional
economic development areasconforms to other development and
redevelopment plans for the City of Nappanee.
9. The Commission proposes that all rights-of-way necessary to
complete the Planshall be dedicated to or acquired by the
appropriate govemmental unit to permit the development ofthe
Nappanee Consolidated TIF District, as amended.
10. The Commission estimates that the cost of implementing the
Plan will beapproximately Six Million Dollars ($6,000,000.00),
subject to revised estimates and thedevelopment of more definitive
project descripions.
1 l. The Commission finds that no residents of the Nappanee
Consolidated TIF District,as amended, will be displaced by any
project resulting from the Plan; and, therefore, theCommission
finds that it does not need to give consideration to transitional
and permanentprovisions for adequate housing for the residents.
12. This paragraph shall be considered the allocation provision
for purposes of I.C. $36-7-14-39
a. The additional Economic Development Areas added to the
NappaneeConsolidated TIF District shall constitute an allocation
area as defined in $36-7-14-39 with a base year for assessed
valuation puposes of March 1,2014.
Any property taxes levied on or after the effective date of this
Resolution byor for the benefit of any public body entitled to a
distribution of propertytaxes on taxable real property in the
allocation areas shall be allocated anddistributed in accordance
with I.C. $36-7-14-39.
These additional areas and allocation provisions shall remain
effective for aterm of 25 years from date of adoption unless sooner
terminated by theCommission.
13. The Commission finds, based upon the evidence provided in
the EconomicDevelopment Plan and the Factual Report, that the
adoption of the allocation provision herein willresult in new
property taxes in the area that would not have been generated but
for the adoption ofthe allocation provision.
a.
b.
c.
b
c
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14. All of the rights, powers, privileges, and inmunities that
may be exercised by theCommission in a redevelopment area or urban
renewal area under I.C. $36-7-14 may be exercisedby the Commission
in the Nappanee Consolidated TIF District, subject to the
limitations in I.C.36-7-t4-43.
15. The Commission hereby directs and authorizes the presiding
officer of theCommission to submit this Resolution, the Plan, and
the Report to the City of Nappanee PlanCommission for its
approval.
16. The Commission further directs and authorizes the presiding
officer of theCommission to submit this Resolution, the Plan, and
the Report to the Nappanee Common Councilfor its approval of the
establishment of the additional Economic Development Areas for
theNappanee Consolidated TIF District.
17. The Commission also directs the presiding officer of the
Commission, upon receiptof the written order of approval of the
City of Nappanee Plan Commission and the approval of theNappanee
Common Council, to publish notice of the adoption and substance of
this Resolution inaccordance with I.C. $5-3-1. The notice must
state that maps and plats have been prepared and canbe inspected at
the office of the C ofNappanee Department of Planning ard must
establish adatewhen the Commission will receive and hear
remonstrances and objections from persons interestedin or affected
by the proceedings pertaining to the proposed Project and amendment
of theEconomic Development Areas and will determine the public
utility and proposed benef,rt of theproposed Project.
18. The Commission further finds that the amendment of the
Economic DevelopmentAreas for the Nappanee Consolidated TIF
District is reasonable and appropriate when considered inrelation
to the original Resolutions and Plans and the purposes of I.C.
$36-7-14 et seq.
19. The Commission further finds that the original Resolutions
and Plans for theNappanee Consolidated TIF District, with the
proposed amendments, conform to thecomprehensive plan for City of
Nappanee, Indiana.
20. This Resolution shall be effective as of its date of
adoption.
ADOPTED this 24 day of February,20l5.
CITY OF NAPPANEE REDEVELOPMENT COMMISSION
BY
Title: Presiding Officer
BY
Title: Secretary
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EXHIBIT A
tra.lN]rNtla nF\/trT D\/fE]\lT PLAN FOR TIF A I\ItrI\IT/tr]\TT
AE'|.LIE TADDA]\TEECONSOLIDATED TIF DIS BY THE CITY OF NAPPANEE
REDEVELOPMENT COMMISSION
Pumose and Introduction
This document is the Economic Development Plan ("Plan") for the
additional land in theNappanee Consolidated TIF District for the
City of Nappanee, lndiana ("Nappanee"). It is intendedfor approval
by the Nappanee Common Council, City of Nappanee Plan Commission,
and the CityofNappanee Redevelopment Commission ("Redevelopment
Commission") in conformance with IC36-7-r4.
Proiect Obiectives
The purposes of the Plan are to benefit the public health,
safety, morals, and welfare of thecitizens of Nappanee; increase
the economic well-being of Nappanee and the State of Indiana;
andserve to protect and increase property values in Nappanee and
the State of Indiana. The Plan isdesigned to promote significant
opportunities for the gainrl employment of citizens of theNappanee,
retain or expand existing significant business enterprises in
Nappanee, provide for localpublic improvements in the Nappanee
Consolidated TIF District, remove improvements orconditions that
lower the value of the land in the Nappanee Consolidated TIF
District below that ofthe nearby land, attract and retain permanent
jobs, increase the property tax base, and improve thediversity of
the economic base ofNappanee.
The factual report attached to this Plan contains the supporting
data for the above declaredpurposes of the Plan.
Description of Proiect Area
The additional land in the Nappanee Consolidated TIF District is
located in the City ofNappanee and is described as the area in the
legal descriptions, maps, and plats attached to this Plan.
Proiect Description
The Commission intends to facilitate the development and
improvement of the NappaneeConsolidated TIF District by the
acquisition and improvement of the public right-of-ways,
bridges,drainage and public roads in and serving this area, the
construction, installation, and expansion ofsanitary sewer lines,
water lines, and related utility improvements in and serving the
area, andrecreational features including soccer fields, lockers,
stands, restrooms, and a concession building inand serving the
area. Projects which may be performed include the following:
Estimated Amount
$1,600,000.00
Item
6
Extension of water and sewer lines
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Soccer fields, lockers, stands, restrooms,Concession
building
Water Tower
Extension of Lincoln Street West
Traffic signals, lighting, signage, drainage
Proj ect Oualification Requirements
$1,000,000,00
$1,100,000.00
$1,400,000.00
$900,000.00
Infrastructure improvements will be constructed with the
assistance of the RedevelopmentCommission. The Redevelopment
Commission and the Nappanee Common Council areresponsible for
approving all requests and appropriate agreements setting forth the
terms andconditions pertaining to improvements in the Nappanee
Consolidated TIF District.
Without the establishment of these additional economic
development areas within theNappanee Consolidated TIF District and
the assistance of the Commission, it is unlikely that any ofthese
local public improvements would have been accomplished. The
construction anddevelopment of these local public improvements will
also set the stage for new growth andredevelopment within these
additional economic development areas in the Nappanee
ConsolidatedTIF District.
Acquisition of Property
In order to accomplish the Project, the Redevelopment Commission
does not currently planto acquire any interests in any real
property. However, the Redevelopment Commission mayacquire by gift
or purchase interests in real property from the Nappanee Common
Council. TIFfunds may be used to reimburse other govemmental units
for local public improvements, includingland, rightof-way
acquisitions or related expenses; road and bridge improvements;
storm, sanitarysewer, water tower, and water line installations;
soccer fields and other recreational features; andother related
improvements.
wl to the
All contracts for material or labor in the accomplishment of the
Project shall be let underapplicable statutes.
In the planning and rezoning of real properly acquired or to be
used in the accomplishmentof the Plan; the opening, closing,
relocation, and improvement of public ways and bridges; and
theconstruction, relocation, and improvement of sewers and utility
services; the RedevelopmentCommission shall proceed in the same
manner as private owners of the property. TheRedevelopment
Commission may negotiate with the proper offrcers and agencies of
the County andmunicipal offices to secure the proper orders,
approvals, and consents.
Any construction work required in connection with the Project
may be carried out by theappropriate municipal or County department
or agency or by the Redevelopment Commission if all
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plans, specifications, and drawings are approved by the
appropriate department or agency and thestatutory procedures for
letting of the contracts are followed by the Redevelopment
Commission.
The Redevelopment Commission may pay any charges or assessments
made on account oforders, approvals, consents, and construction
work with respect to the Project or may agree to paythese
assessments in installments as provided by statute in the case of
private o\ners.
None of the real property acquired for the Projects may be set
aside and dedicated for publicways, sewer, or other public purposes
until the Redevelopment Commission has obtained theconsents and
approval of the department or agency under whose jurisdiction the
property will beplaced.
Financing of the Proiect
It is the intention of the Redevelopment Commission to finance
the Projects withincremental ad valorem property taxes allocated
under IC 36-7-14-39 and any other assistanceprovided by the City of
Nappanee, lndiana. All expenses reasonably incurred in connection
withthe Projects will be financed in such manner with expenses
generally consisting of the following:
(1) The total cost of all land, right-of-way, ffid other
property to be acquired anddeveloped.
(2) The total cost of all infrastructure improvements;(3) All
reasonable and necessary architectural, engineering, legal,
accounting,
advertising and supervisory expenses related to the acquisition
and development ofthe Projects.
In addition to the above, the Redevelopment Commission may enter
into commitmentagreements, leases, and interlocal agreements with
other public agencies and private developers forthe purpose of
setting forth procedures and conditions relating to financing,
developing, andconstructing the Project. The Nappanee Consolidated
TIF District recognizes theinterconnectedness between these core
manufacturing and commercial business districts of the Cityof
Nappanee and allows the Redevelopment Commission greater
flexibility in the financing anddevelopment of these areas.
of the Plan
By following the procedures specified lnIC 36-7-14-11.5, the
Redevelopment Commissionmay amend this Plan for the additional land
in the Nappanee Consolidated TIF District. However,if the amendment
involves the enlargement of a boundary of the Nappanee Consolidated
TIFDistrict, such an enlargement must be approved by the Nappanee
Common Council.
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EXHIBIT B
FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED INRESOLUTION NO.
2OI5-OI OF THE CITY OF NAPPANEE
REDEVELOPMENT COMMIS SION
1. The Plan for the additional land in the Nappanee Consolidated
TIF District willpromote significant opportunities for the gainful
employment of citizens of Nappanee as follows:
With the number of commercial and manufacturing vacant parcels
of land included in theamended Nappanee Consolidated TIF District,
as well as the preservation and improvement ofexisting commercial
and industrial areas, there may be an estimated seven hundred fifty
(750)permanent manufacturing and commercial related jobs created,
as well as some permanentprofessional office jobs being created.
Nappanee has historically maintained a strong employmentbase. A
significant portion of Nappanee's manufacturing employment base,
however, is sensitive toeconomic cycles. It is important to
encourage diversification in the employment base. TheNappanee
Consolidated TIF District should greatly assist the City of
Nappanee in its efforts toimprove infrastructure to allow for the
location and expansion of diverse manufacturing andcommercial
businesses.
2. The Plan will attract major new business enterprises to
Nappanee as follows:The amended Nappanee Consolidated TIF District
will provide the infrastructure and other
improvements which ae needed to allract and maintain
manufacturing and commercialestablishments within the Economic
Development Area, as well as throughout the Nappanee area.
3. The planning, replanning, development, and redevelopment of
the additionalEconomic Development Areas in the Nappanee
Consolidated TIF District will benefit the publichealth, safety,
morals and welfare; increase the economic well-being of Locke and
UnionTownships, the City ofNappanee, Elkhart County, and the State
of Indiana; and serve to protect andincrease property values in
Locke and Union Townships, the City ofNappanee, Elkhart County,
andthe State of Indiana as follows:
(a) The economic well-being of Locke and Union Townships,
Nappanee, ElkhartCounty, and the State of Indiana would be enhanced
with the completion_9f the Planas manufacturing and commercial
positions would be created and maintainedthereby enhancing
employment opportunities in Nappanee.
(b) The extension of sanitary sewer and water lines, the
construction of a water tower,and the construction of roads and the
acquisition and improvement of right-of-waywill increase property
values thereby attracting new development which willincrease the
employment, as well as the tax base, for Locke and Union
Townships,Nappanee, Elkhart County, and the State of Indiana.
The establishment and construction of soccer fields, lockers,
stands, restrooms, aconcession building and other recreational
features will enhance the area and serveas an attraction forjobs
and talent to the area.
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(c)
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(d) The installation of lighting, signage, drainage
improvements, traffic signals, andother public improvements will
enhance development options for the area.
4. The Plan for the Nappanee Consolidated TIF District, as
amended, cannot beachieved by regulatory processes or by the
ordinary operation ofprivate enterprise because ofthelack of
infrastructure improvements. Nappanee has no funding sources
readily available for theconstruction of sanitary se\iler and water
improvements, public right-of-way improvements, andrecreational
features to these areas within Nappanee. ln order for quality
commercial and industrialdevelopment to occur in the Nappanee
Consolidated TIF District, as amended, infrastructure mustbe
provided which in tum ensures employment and new job opportunities
will develop. New jobopportunities can be accomplished by
constructing infrastructure improvements which are fnancedin part
by state and local funds and in part by incremental ad valorem
property taxes. Such afinancing arrangement allows for
infrastructure to be installed up front with future tax
revenuestargeted to offset costs not covered by other funds. Such a
financing mechanism also allowsNappanee to proceed with
infrastructure improvements which normally could not be
installedbecause of economic, jurisdiction, and/or legal
constraints.
5. The accomplishment of the Plan for the Nappanee Consolidated
TIF District, asamended, will be of public utility and benefit as
measured by:
(1) The attraction of new permanent jobs in the commercial and
manufacturing sectors;(2) An increase in the property tax base as
well as increased revenues from the CAGIT
and EDIT payroll taxes;
(3) Improved divers of the economic base.The improvements made
in the Nappanee Consolidated TIF District, as amended, will
enable diverse manufacturing, oflce, and retail enterprises to
locate within the TIF District in atimely and planned fashion;
improvements will also attract a number of businesses that would
nototherwise locate in the area.
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EXHIBIT C
LEGAL DESCRIPTION
Parcel A:
Tract I: The East Two Hundred Fifty (250) of Lot Number Two (2)
as the said Lot is known anddesignated on the recorded Plat of
Airport lndustrial Park Subdivision, in Union Township; said
platbeing recorded in the Office of the Recorder of Elkhart County,
Indiana, in Plat Book 12,page28.
Tract II: Lot Numbered One (1) as the said Lot is known and
designated on the recorded Replat ofAirport lndustrial Park P.U.D.
in Union Township; said plat being recorded in the Office of
theRecorder of Elkhart County, Indiana, in Plat Book 17,page95.
Tract III: Lot Numbered Two (2) as the said Lot is known and
designated on the recorded Replat ofAirport Industrial Park P.U.D.
in Union Township; said plat being recorded in the Office of
theRecorder of Elkhart County, Indiana, in Plat Book 17, page
95.
Tax Code Number: 20-14-34-15 1-01 1.000-028
Parcel B:
A part of the Northwest Quarter of Section 34, Township 35
North, Range 5 East, Union Township,Elkhart County, Indiana, and
more particularly described as follows:
Commencing at a Harrison monument marking the Southeast comer of
said Northwest Quarter;thence West, 267.62 feet, along the South
line of said Northwest Quarter, and U.S. Highway 6, tothe point of
beginning of this description; thence continuing along the last
described line andbearing, 267.62 feet; thence North 00 degrees, 09
minutes, 59 seconds West, 910.74 feet, to an ironpipe; thence East,
267.62 feet, to a rebar; thence South 00 degrees, 09 minutes, 59
seconds East,970.74 feet, to the point of beginning.
Tax Code Number: 20-14-34-100-046.000-028.
Parcel C:
A part of the Southeast Quarter of the Northwest Quarter of
Section 34, Township 35 North, Range5 East, Union Township, Elkhart
County, Indiana, described as follows:
Commencing at the Southwest corner of the Southeast Quarter of
the Northwest Quarter of saidSection 34 and running thence East
along the South line of said quarter section and the center line
ofU.S. Highway No. 6, a distance of 350 feet to the place of
beginning of this description; thencecontinuing East along the
center line of U.S. Highway No. 6 a distance of 970 feet to the
East line ofthe Northwest Quarter of said Section 34; thence North
along said East line of said quarter section
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970 feet to the South line of land conveyed to Nappanee
Investors, Inc. (Deed Record 278, page465); thence West along said
South line 970 feet; thence 970 feet to the place of beginning.
Less and excepting the following two (2) tracts:
Exception No. I
A part of the Northwest Quarter of Section 34, Township 35
North, Range 5 East, Union Township,Elkhart County, Indiana, and
more particularly described as follows:
Commencing at a Harrison monument marking the Southeast corner
of said Northwest Quarter;thence West, 267.62 feet, along the South
line of said Northwest Quarter, and U.S. Highway 6, tothe point of
beginning of this description; thence continuing along the last
described line andbearing, 267 .62 feet; thence North 00 degrees,
09 minutes, 59 seconds West, 970.74 feet, to an ironpipe; thence
East, 267.62 feet, to a rebar; thence South 00 degrees, 09 minutes,
59 seconds East,970.74 feet, to the point of beginning.
Exception No. 2
Part of the Southeast Quarter of the Northwest Quarter of
Section Thirty-four (34), TownshipThirry-five (35) North, Range
Five (5) East, situate in Union Township, Elkhart County, State
ofIndiana, described as follows:
Commencing at the Southwest corner of the Southeast Quarter of
the Northwest Quarter of saidSection Thirty-four (34), said point
being one thousand three hundred twenty and seven
hundredths(1320.07) feet East of a bronze pin marking the Southwest
corner of the Northwest Quarter of saidSection Thirty-four (34);
said point also being one thousand three hundred twenty and
sevenhundredths (1320.07) feet West of a spike nail marking the
Southeast corner of the NorthwestQuarter of said Section
Thirly-four (34); thence Eastwardly along the South line of the
North Halfof said Section Thirty-four (34), a distance of three
hundred fifty (350) feet to a masonry nailmarking the Southeast
corner of land conveyed to Harlan D. Beer et al in Deed Record 350,
page01, said nail being the place of beginning of this description;
thence continuing Eastwardly alongthe South line of the North Half
of said Section Thirty-four (34), a distance of four hundred
thirty-five (435) feet to a masonry nail; thence Northwardly with a
deflection angle of ninety (90) degreesnine (09) minutes fifty-four
(54) seconds to the left parallel with the East line of the
NorthwestQuarter of said Section Thirty-four (34), a distance of
nine hundred seventy and thirty-fivehundredths (970.35) feet to an
iron stake on the South line of land conveyed to The Civil City
ofNappanee, Indiana in Deed Record 345,page 9 reviously Nappanee
lnvestors, Inc. - Deed Record278, page 465); thence Westwardly with
a deflection angle of eighty-nine (89) degrees forty-six(46)
minutes forty-two @2) seconds to the left and along the South line
of said City of Nappaneeland, a distance of four hundred
thirty-five (435) feet to an iron stake; thence Southwardly
parallelwith the East line of the Northwest Quarter of said Section
Thirty-four (34), a distance of ninehundred seventy and
seventy-seven hundredths (970.71) feet to the place of beginning of
thisdescription.
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Tax Code Number: 20-14-34-100-047.000-028
Parcel D
The Southwest Quarter (SV/ %) of the Northeast Quarter (NE %) of
Section 34, Township 35 North,Range 5 East, Union Township, Elkhart
County,Indiana.
Less and excepting the following three (3) parcels:
Exception No. I
The North 350 feet thereof conveyed to Nappanee Investors, lnc.,
by Deed recorded in Deed Record278,page 465.
ExceptionNo.2
A tract 235 feet East and West by 970 feet North and South along
the East side of said QuarterQuarter Section conveyed to 'Willie's
Construction Company, Inc., by Deed recorded in DeedRecord
3l7,page208.
ExceptionNo.3
A part of the Southwest Quarter of the Northeast Quarter of
Section 34, Township 35 North, Range5 East, Second Principal
Meridian, Union Township, Elkhart County, Indiana, more
particularlydescribed as follows:
Commencing at the Southwest comer of the Southwest Quarter of
the Northeast Quarter of saidSection 34 (basis of bearings'West
Line DALE D-PUD, South 00 degrees 01 minutes 36 secondsWest);
thence North 89 degrees 59 minutes 21 seconds East, along the South
line of said NortheastQuarter of Section 34, a distance of 1034.7I
feet to the Point of Beginning of this description;thence
continuing North 89 degrees 59 minutes 21 seconds East, along said
South line of theNortheast Quarter of Section 34, a distance of
45.00 feet to a point; thence North 00 degrees 0lminutes 36 seconds
East, along the West line of Lots Numbered 1 and 2 in said recorded
plat ofDALE D-PUD, a distance of 970.57 feet to an iron rebar at
the Northwest comer of said LotNumbered 2 inthe recorded plat of
DALE D-PUD; thence North 90 degrees 00 minutes 00 secondsWest,
along the South line of Deed Record2lS,page 465, a distance of
45.00 feet to an iron rebarwith cap (DORIOT 890028); thence South
00 degrees 0l minutes 36 seconds West, a distance of970.58 feet to
the Point of Beginning.
Tax Code Number: 20-14-34-200-0 1 3.000-028.
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Parcel E:
The Northeast Quarter (NE %) of the Southwest Quarter (SV/ %)
and the Northwest Quarter QllV/%) of the Southeast Quarter (SE %)
of Section 34, Township 35 North, Range 5 East, UnionTownship,
Elkhart County, Indiana.
Less and excepting the following four (4) tracts:
Exception No. 1
15 acres by parallel lines off and from the East side of the
Northwest Quarter (NW %) of theSoutheast Quarter (SE %) of said
Section 34.
Exception No. 2
A part of the Northwest Quarter (NW %) of the Southeast Quarter
(SE %) of Section 34, Township35 North, Range 5 East, in Elkhart
County, Indiana, more fully described as follows:
Beginning at a point on the North line of the said Southeast
Quarter (SE %), 495 feet West of theNortheast corn of the Northwest
Quarter (NW %) of the Southeast Quarter (SE %) of Section
34,Township 35 North, Range 5 East; thence continuing West on the
North line of the SoutheastQuarter (SE %) aforesaid 198 feet;
thence South 660 feet; thence East 198 feet; thence North 660feet
to the place of beginning.
Exception No. 3
A part of the Northwest Quarter (NW %) of the Southeast Quarter
(SE %) of Section 34, Township35 North, Range 5 East, in Elkhart
County, Indiana, more fully described as follows:
Beginning at a point on the North line of the said Southeast
Quarter (SE 7 of Section 34,693 feet'West
of the Northeast comer of the Northwest Quarter (NVi %) of the
Southeast Quarter (SE %) ofsaid Section 34, which point is the
Northwest comer of lands now owned by Jonathan P. Blosserand Lila
L. Blosser, husband and wife; thence continuing West along the
North line of saidNorthwest Quarter (NW %) of the Southeast Quarter
(SE %) of said Section 34 a distance of 264feet; thence South
approximately 1320 feet to the South line of the Northwest Quarter
QtlW %) ofthe Southeast Quarter (SE %) of said Section 34; thence
East along the South line of said QuarterQuarter Section I32 feet;
thence North 660 feet to a point; thence East 132 feet to the
Southwestcomer of lands now owned by Jonathan P. Blosser and Lila
L. Blosser, husband and wife; thenceNorth approximately 660 feet to
the point of beginning.
Exception No. 4
A part of the Northwest Quarter (NW %) of the Southeast Quarter
(SE %) of Section 34, Township35 North, Range 5 East, in Elkhart
County, Indiana, more particularly described as follows:
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Beginning at the Northwest corner of the East 15 acres by
parallel lines of said Northwest Quarter(NW %) of the Southeast
Quarter (SE %) of said Section 34 and running thence South along
theWest line of property now owned by Nappanee Raceway, Inc., a
distance of 660 feet to theSoutheast comer of lard now owned by
Jonathan P. Blosser and Lila L. Blosser, husbard and wife,for the
point of beginning of the real estate herein being conveyed; thence
West along the South lineof Blosser land and an extension thereof
330 feet; thence South, parallel to the East line of saidNorthwest
Quarter (NW %) of Southeast Quarter (SE 7 a distance of 660 feet,
more or less, to theSouth line of the Northwest Quarter (NW %) of
the Southeast Quarter (SE %) of said Section 34;thence East along
the South line of said Quarter Quarter Section 330 feet to the
Southwest corner ofland now owned by Nappanee Raceway, Inc.; thence
North along the West line of NappaneeRaceway, Inc. land
approximately 660 feet to the point of beginning.
Being Tax Code Numbers: 20-14-34-326-001.000-028 and
20-14-34-400-009.000-028
All of the real estate within the municipal boundaries of the
City of Nappanee at the NappaneeMunicipal Airport.
Being Tax Code Numbers:
20-14-34-100-014.000-029,20-14-34-151-010.000-029,
20-14-34-10l-002.000-029,20-r4-34-100-019.000-029,20-t4-34-100-038.000-029,20-74-34-100-01
6.000-029,20-14-34-100-015.000
-029,20-14-34-100-039.000-029,20-14-34-100-042.000-029,
and20-14-34-100-013.000-029.
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EXHIBIT D
LEGAL DESCRIPTION
A part of the East half of the Northwest Quarter of Section 31,
Township 35 North, Range 5East, described as follows:
Beginning at a point 4I % feetNorth of the Southwest corner of
the East half of the NorthwestQuarter of said Section 31; thence
East along the North line of East Market Street in the City
ofNappanee, ll5 % feet; thence North 132 feet to the South line of
an alley; thence West 115 %feet to the West line of the East half
of the Northwest Quarter of said Section 31; thence Southalong the
'West line of the East half of the Northwest Quarter of said
Section 3I , 132 feet to thepoint of beginning.
Being Tax Code Number: 20-l 4-3 | -17 9 -012.000-029.
[Insert legal description for access road of Northside Boulevard
at apartment complex.]Being Tax Code Number: 20 -13 -25 -47 7
-019.000 -021.
[Insert legal description for apartment complex.]Being Tax Code
Number: 20-13 -25 -47 7 -013 .000-021 .
[Insert legal description for Nappanee real estate at soccer
field complex and entrance.]Being Tax Code Numbers:
20-13-25-477-018.000-021, 20-13-25-477-015.000-021,20-13-25-417
-017 .000-021, and 20-13-25-451-006.000-021 .
[Insert legal description for OSB complex.]Being Tax Code
Number: 20-13-24-45 1-003.000-021.
[Insert legal description for Downey parcel.]Being Tax Code
Number: 20-13-25-200-005.000-021.
flnsert legal descriptions for future extension of County Road
150.]Being Tax Code Numbers: 20-13-24-451-002.000-021
and20-13-25-200-017.000-021
Commencing at the intersection of the centerline of East Van
Buren Street and State Roadl9trorth Main Street; thence North along
the centerline of North Main Street/State Road 19 tothe
intersection and centerline of East Marion Street; thence East on
the centerline of EastMarion Street to the intersection and
centerline of North Elm Street; thence South on thecenterline of
North Elm Street to the intersection and centerline of East Van
Buren Street; thenceWest on the centerline of East Van Buren Street
to the point of beginning.
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Being Tax Code Numbers: 20-14-31-l5l-009.000-029,
20-14-31-151-005.000-029, 20-14-31-I 5 1 -007.00 0-029, and 20 -l
4-3 I - I 5 I -008.000-029.
All of the public right-of-way of North Main Street/State Road
l9 from the centerline of U.S.6/IvIarket Street to the intersection
and centerline of County Road 150.
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EXHIBIT E
LEGAL DESCRIPTION
[Insert legal description for Fred's Flower parcels.]Being Tax
Code Numbers: 20-13-36-401-014.000-021
and20-13-36-401-015.000-021
[Insert legal description of parcels around May
properties.]Being Tax Code Numbers:
20-13-36-401-004.000-021,20-13-36-401-003.000-021,
20-13-36-401-002.000 -021, and 20 -13 -3 6 -327-008. 000-02 I .
[Insert legal description for ATC
facility.]BeingTaxCodeNumbers:20-13-36-408-006.000-021,20-13-36-408-001.000-021,
and20-13-36-434-008.000-02r.
All of the public righrof-way of South V/illiams Street from its
intersection with Randolph Streetnorth to U.S. 6^Mest Market
Street.
All of the public rightof-way of West Lincoln Street from its
intersection with State Road 19 westto its intersection with South
V/illiams Street.
All of the public right-of-way and alleys within the area
bounded by South Williams Street on theeast, the Chessie Railroad
System right-oway on the South, the centerline of North Guiss
Street ifextended south of U.S. 6iIVest Market Street on the west,
and the centerline of U.S. 6/!Vest MarketStreet on the north.
All of the public right-of-way of West Randolph Street from its
intersection with SouthNappaneeStreet on the east to its
intersection with North Metzler Drive on the west.
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