ORDINANCE 2011-03

AN ORDINANCE CONCERNING THE ANNEXATION OF ADJACENT AND

CONTIGUOUS TERRITORY COMMONLY KNOWN AS 2356 E. STATE ROAD 46,

2412 E. STATE ROAD 46, AND 1150 OLD STATE ROAD 46 E.

WHEREAS: The properties located at the addresses listed above, and more particularly described in the legal descriptions attached hereto as exhibits A,B,and C, are adjacent and contiguous to the Town of Nashville, and the owners thereof have agreed and consented to annexation by the Town of Nashville; and,

WHEREAS: The Town of Nashville has adopted a fiscal plan for the annexation of said properties by Resolution Number 2011-2; and,

WHEREAS: The Town has published notice of a Public Hearing, notified the affected landowners by certified mail, and held a Public Hearing all as required by law;

IT IS HEREBY ORDAINED AS FOLLOWS:

1.  The properties described in exhibits A, B, and C be, and the same are hereby annexed to and made a part of the Town of Nashville, Indiana.

2.            The Town of Nashville will furnish the above described territory with governmental services of a non-capital nature in a manner which is equivalent in standard and scope to those non-capital services provided to areas within the Town which are similar in topography, land use and population density to the annexed areas.

3.            Governmental and proprietary services will be provided to the above described properties in a manner consistent with the fiscal plan adopted by Resolution 2011-1.

4.            Said properties shall be zoned in a town use district that is equivalent to the county use district for the respective properties locations prior to their annexation.

5.            Said described properties shall be part of Town Council District Number _3_.

SEVERABILITY.    If any section or provision of this ordinance shall be declared invalid, such invalidity shall not affect any of the other sections.

EFFECTIVE DATE.   This ordinance shall take effect thirty-one (31) days after its adoption and upon filing and recording as required by law.

PASSED AND ADOPTED by the Nashville Town Council this 15th day of September, 2011.

Approved as to form:

James T. Roberts

Attorney for the Town of Nashville

Council President Robert Kirlin yea

Council Vice-President Charles B. King yea

Council Member R. Sean Cassiday

Council Member Jane Gore yea

Council Member Arthur Omberg yea

ATTEST: Clerk- Treasurer, Brenda K. Young

EXHIBIT A      "Circle K”

A part of the Northeast quarter of the Northwest quarter of Section 28, Township 9 North, Range 3 East of the Second Principal Meridian, described as follows:

Beginning at a pint that is24.51 feet South of and 225.32 feet West of the  Northeast comer of the said quarter section said point being on the Westerly right of way line of Salt Creek Road at the center line of Old State Road 46; thence South 79 degrees 21 minutes West on and along the said center line and the center line extended 412.50 feet to the Northerly right of way line of New State Road 46; thence South 54 degrees 21 minutes East on and along the said right of way line 31.66 feet; thence South 57 degrees 19 minutes East on and along the said right of way line 225.08 feet; thence North 84 degrees 29 minutes East 57.42 feet to the Westerly right of way line of Salt Creek Road; thence North 33 degrees 34 minutes 30 seconds East on and along the last said right of way line 219.54 feet; thence North 22 degrees 27 minutes East 30.25 feet to the place of beginning, containing 0.98 of an acre more or less

           EXHIBIT B "NAPA"

Deed attached (Book 137, Page(s)   in Brown County, Indiana more commonly known as:

Part of the Northeast Quarter of the Northwest Quarter of Section 28, Township 9 North, Range 3 East described as follows:

Beginning South 01 degrees 08 minutes East 152.66 feet from the Northeast corner of said quarter quarter section; thence South 01 degrees 08 minutes East 373.47 feet; thence North 57 degrees 19 minutes west 199.58 feet; thence North 23 degrees 49 minutes East 197.6 feet; thence North 69 degrees 49 minutes West 157.0 feet; thence North 24 degrees 27 minutes East 128.7 feet; thence North 44 degrees 100 minutes East 24.95 feet; thence South 56 degrees 32 minutes East 189.4. feet to the beginning, containing 1.34 acres more or less. Subject to all legal rights of way.