HomeMy Public PortalAbout055-2022 - Annexation - Voluntary - GaarJackson Roads COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA
ORDINANCE NO. 55-2022
AN ORDINANCE ANNEXING CONTIGUOUS TERRITORY
WHEREAS, the City of Richmond, Indiana ("City"), is the owner of 100% of certain
property located in Wayne County, Indiana as more particularly described on Exhibit A attached
hereto (the "Annexation Territory"); and
WHEREAS, at least 1/8 of the aggregate external boundaries of the Annexation Territory
coincides with the municipal boundaries of the City and is, therefore, "contiguous" to the
existing municipal boundary of the City as defined in IC 36-4-3-1.5; and
WHEREAS, pursuant to IC 36-4-3-5.1, the City, acting through its Mayor, executed and
filed a voluntary petition with the Clerk of the City requesting that the City annex the
Annexation Territory; and
WHEREAS, pursuant to IC 36-4-3-5.1(e), appropriate notices have been published and a
public hearing was opened, conducted and closed by the Common Council of the City of
Richmond, Indiana (the "City Council") on November 21, 2022, regarding the proposed
annexation of the Annexation Territory; and
WHEREAS, the City has developed and adopted a written fiscal plan as set forth in
Resolution No 13-2022, adopted by the City Council on December 5, 2022 (the "Fiscal Plan");
and
WHEREAS, the City Council believes it is in the best interest of the City that the
Annexation Territory be annexed into the City subject to the provisions of this Ordinance.
NOW, THEREFORE, BE IT HEREBY ORDAINED that, pursuant to the provisions of
Indiana Code 36-4-3-5.1, as in effect on the date hereof, the Annexation Territory is hereby
annexed into the City effective on the date on which the Clerk of the City complies with the
filing requirement of Indiana Code 36-4-3-22 (the "Effective Date"), and the initial zoning
district designation for the Annexation Territory is hereby established as I2 High Intensity
Industrial; and
IT IS HEREBY FURTHER ORDAINED that the Annexation Territory shall be assigned
to Council District 5; and
IT IS HEREBY FURTHER ORDAINED that pursuant to the provisions of Indiana Code
36-4-3-22,the Clerk-Treasurer of the City, is hereby ordered to immediately:
1. Publish this ordinance in the manner prescribed by Indiana Code 5-3-1;
2. If no appeal of the annexation under Indiana Code 36-4-3-15.5 has been filed
within thirty (30) days after publication of this ordinance: (A) file a copy of this ordinance with
(i)the Wayne County Auditor; (ii) the Wayne Circuit Court Clerk; (iii)the Wayne County Board
4883-3146-1952.1
of Registration; (iv) the Office of the Indiana Secretary of State; and (v) the Office of Census
Data established by Indiana Code 2-5-1.1-12.2; and (B) record a copy of this ordinance in the
office of the Recorder of Wayne County.
3. If an appeal of the annexation has been filed under Indiana Code 36-4-3-15.5
within thirty (30) days after publication of this ordinance, file and record this ordinance as
directed in paragraph 2 above upon delivery of a certified order dismissing the appeal under
Indiana Code 36-4-3-15.5(c).
4. Subject to the potential delay in the effective date described above, this ordinance
shall be in full force and effect from and after its adoption, compliance with Indiana Code 36-4-
6-14 and 36-4-3-7, publication in accordance with Indiana Code 5-3-1 and filing and recording
in compliance with Indiana Code 36-4-3-22(a).
PASSED and adopted by the Common Council of the City of Richmond, Indiana, this 5th
day of December, 2022.
CITY COUNCIL OF THE CITY OF RICHMOND,
INDIANA
Gary Turner, l'reside
r. Wright
William Engle .
L Parke
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Ronald Oler, Ph.D.
Jeffrey Locke
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4883-3146-1952.1
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Attest:
Karen Chasteen, City Clerk
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4883-3146-1952.1
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EXHIBIT A
Legal Description of Annexation Territory
SITUATED IN THE SOUTHEAST QUARTER,SECTION 9,TOWNSHIP 16 NORTH,
RANGE 14 EAST, CENTER TOWNSHIP,WAYNE COUNTY,INDIANA BEING ALL OF A
160 ACRE TRACT,AS DESCRIBED IN INSTRUMENT 2017009236, AS RECORDED IN
THE WAYNE COUNTY RECORDER'S OFFICE,BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A MAO NAIL SET AT THE NORTHWEST CORNER OF SAID
QUARTER,IN GAAR JACKSON ROAD;
THENCE NORTH 89'15'38"EAST(BEARINGS ARE BASED UPON GPS COORDINATES,
PROJECTION SET: USA/NAD83/NDIANA EAST)2605,30 FEET ALONG THE NORTH
LINE OF SAID QUARTER,IN SAID ROAD, TO A MAO NAIL SET AT THE NORTHEAST
CORNER OF SAID QUARTER, IN THE INIERSI;CPON OF GAAR JACKSON ROAD,AND
NORTH ROUND BARN ROAD;
THENCE SOUTH 00'33'01"EAST 2673.75 FEET ALONG THE EAST LINE OF SAID
QUARTER,IN NORTH ROUND BARN ROAD, TO A MAG NAIL FOUND AT THE
SOUTHEAST CORNER OF SAID QUARTER;
THENCE SOUTH 89°1341" WEST 2637.71 FEET ALONG D1E SOUTH LINE OF SAID
QUARTER,TO A COPPERWELD FOUND AT THE SOUTHWEST CORNER OF SAID
QUARTER;
THENCE NORTH[00°'08'38"EAST 2675.55 FEET ALONG THE WEST LINE OF SAID
QUARTER,TO THE POINT OF BEGINNING,CONTAINING 1.60.934 ACRES,MORE OR
LESS.
4883-3146-1952.1