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Ordinance 1991-1
Adopted this 4th Day of February, 1991
Ordinance 1991-2 BE IT ORDAINED by the Town Council of the Town of Millersburg: SECTION 1. The following described real estate is hereby annexed to and incorporated into the Town of Millersburg, Elkhart County, Indiana, to-wit: Part of the Northeast Quarter of Section 3, Township 35 North, Range 7 East, more particularly described as follows: Commencing at the Northeast Quarter Corner of Section 3; thence South 89 degrees 58 minutes 28 seconds East along the North line of said Northeast Quarter a distance of 636.88 feet to the Place of Beginning of this description; thence continuing South 89 degrees-58 minutes 28 seconds East along said North line, a distance of 66 feet; thence South 0 degrees 47 minutes 04 seconds West, a distance of 165.84 feet; thence South 89 degrees 58 minutes 28 seconds East a distance of 218.67 feet; thence South 0 degrees 23 minutes 13 seconds West. a distance of 829 feet; thence North 89 degrees 53 minutes 22 seconds West a distance of 593.45 feet; thence North 1 degrees 07 minutes seconds East, a distance of 434.72 feet; thence South 89 degrees 35 minute. seconds East, a distance of 221.25 feet; thence North 0 degrees 23 minutes 13 seconds East, a distance of 125.0 feet; thence South 89 degrees 35 minutes 11 seconds East, a distance of 90.0 feet; thence North 0 degrees 23 minutes 13 seconds East, a distance of 50.0 feet; thence North 89 degrees 35 minutes 11 seconds West, a distance of 100.0 feet; thence North 0 degrees 23 minutes 13 seconds East, a distance of 120.0 feet; thence North 89 degrees 35 minutes 11 seconds West, a distance of 62.5 feet; thence North 0 degrees 29 minutes 00 seconds East, a distance of 99.48 feet; thence South 89 degrees.58 minutes 28 seconds East, a distance of 154.33 feet; thence North 0 degrees 47 minutes 04 seconds East, a distance of 165.84 feet to the place of beginning, containing 9.34 acres, more or less. SECTION 2. The Clerk/Treasurer is directed to post a copy of this ordinance in a public place of each of the three wards and in a public place on the real estate described and to furnish a certified copy of the same to the Auditor of Elkhart County, the Board of Commissioners of Elkhart County and the Elkhart County Plan Commission. SECTION 3. This Ordinance shall be in full force and effect immediately upon its adoption. Adopted this 1st day of April 1991 Ordinance 1991-3
Adopted this 1st Day of April, 1991 Ordinance 1991-4 AN ORDINANCE TO AMEND COUNTY CODE 36-7-4-600 KNOWN AS THE COMPREHENSIVE PLAN OF ZONING FOR ELKHART COUNTY, INDIANA BY REZONING THE AREA OF REAL ESTATE HEREINAFTER DESCRIBED FROM B-1 TO B-3. WHEREAS, Joe E. Prough (seller)/Jack Lantz (buyer) submitted an application to rezone real estate hereinafter described from B-1 to B-3 and after proper legal notice a public hearing was held as provided by Law, and did on the 9th day of May, 1991 BE IT THEREFORE ORDAINED BY THE TOWN BOARD OF MILLERSBURG OF ELKHART COUNTY, INDIANA THAT Legal Description: Lot #33 of Millersburg (Original) Be rezoned from B-1 to B-3 effective immediately, and the zone maps dated October 30, 19 and made a part of article II Section 2 of the Master Plan of Zoning for Elkhart County, Indiana as amended are hereby ordered amended and changed to effect the said rezoning of said real estate. ADOPTED BY THE TOWN BOARD OF MILLERSBURG IN ELKHART COUNTY, INDIANA THIS 3rd day of June, 1991 Ordinance 1991-5 AN ORDINANCE TO AMEND THE TOWN ORDINANCE 1988-7 KNOWN AS THE COMPREHENSIVE PLAN OF ZONING FOR MILLERSBURG, INDIANA BY REZONING THE AREA OF REAL ESTATE HEREINAFTER DESCRIBED FROM B-3 TO R-1 AND AUTHORIZE A PLANNED UNIT DEVELOPMENT WITH A SITE DEVELOPMENT PLAN. WHEREAS. Clarence Yoder and Ideana Yoder submitted an application to rezone real estate hereinafter described from B-3 to R-1 with a Planned Unit Development and after proper legal notice a hearing was held as provided by law and the Plan Commission did on the 13th day of June. 1991 find that the element of the Law have been complied with for a zone change from B-3 to R-1 PUD with approval of a Planned Unit Development and filed their recommendation for adoption of this Ordinance with the Town Council of Millersburg of Elkhart County, Indiana and: WHEREAS. The Elkhart County Plan Commission submitted said development plan together with its report and recommendation and. WHEREAS, said report and recommendations indicate that the use of the property adjacent to the area included in the plan will be fully safeguarded and the plan is consistent with the intent of the Master Plan of the Town of Millersburg to promote the Health, Safety, and General Welfare. BE IT THEREFORE ORDAINED BY THE TOWN COUNCIL OF MILLERSBURG, ELKHART COUNTY, INDIANA THAT: Section 1 That the request by Clarence T. and Ideana Yoder for a Planned Unit Development be granted for the above described real estate in accordance with the plan below. A part of the Southwest Quarter of Section 35, Township 36 North, Range 7 East; Clinton Township, Elkhart County, Indiana, and more particularly described as follows: Commencing at a P.K. nail marking the Northwest corner of said Southwest Quarter; thence South, 966.96 feet, along the West line of said Southwest Quarter and the centerline of State Road 13, to a P.K. nail at the point of beginning of this description; thence continuing along the last described line and bearing, 149.76 feet, to a P.K. nail; thence North 89 degrees 33 minutes, 19 seconds East, 174.34 feet, to an iron stake; thence North, 148.84 feet, to an iron stake; thence South 89 degrees, 51 minutes, 23 seconds West, 174.34 feet, to the point of beginning containing 0.60 acre and subject to a public highway. Section 2 That the above described real estate be rezoned from B-2 to R-1 effective immediately and the zone maps dated October 30, 1959 and made a part of Article II, Section 2 of the Master Plan of Zoning for the Town of Millersburg. Indiana be amended and ordered amended and changed to reflect the said rezoning of said real estate. Section 3 That under the Planned Unit Development provisions of Ordinance 1988-7 known as the Comprehensive Plan for Zoning of Millersburg, Indiana and in accordance with plans as approved by the Elkhart County Plan Commission attached hereto and made a part of this Ordinance by reference thereto and the owners of the above described parcel and their successors in interest are authorized to use said property for any uses permitted in a R-1 district. Section 4 That no change be made in the approved plan during construction of the Planned Unit Development except as follows.
Section 5 This Ordinance authorizes the noted additions onto the existing single family residence. Section 6 That, if no construction has begun on the facilities to be developed as part of the Planned Unit Development, or in the absence bf plans for construction of such improvements. if the use of the aforedescribed real estate herein set forth has not been established within two (2) years from the date of the approval represented by this Ordinance, the Planned Unit Development, and the approval herein stated, shall lapse, and be of no further force or effect. If the plan lapses under the conditions of this Section, the zoning applicable to the aforesaid property prior to the date of this approval of the Planned Unit Development may, at the discretion of the Town Council of Millersburg. Elkhart County, Indiana, be reinstated through formal proceedings; provided, however, that the Elkhart County Plan Commission, in its sole discretion, for good cause shown, may extend for an additional period of time the commencement of construction or the establishment of the use necessary to avoid the lapse of the Planned Unit Development. To extend the effective time period within which construction or the establishment of the use must commence, the Elkhart County Plan Commission must consider such extension at one of its formal, public meetings, and must in writing submit written confirmation of any extension it might grant to the Town Council of Millersburg. Elkhart County, Indiana, for entry in the formal minutes of said council. The procedure herein set forth for extending the time period within which the construction for use establishment must commence may be followed by the Elkhart County Plan Commission a maximum of two (2) times from and after the date of this Ordinance. Section 7 Prior to the issuance of an Improvement Location and/or Building Permit, a copy of this ordinance shall be recorded in the Office of the Recorder of Elkhart County, Indiana by the owners of land described herein. Section 8 In the event any covenant, restriction or section of this Ordinance or any portion thereof is declared invalid or void, such invalidity shall in no way affect any other covenant, restriction or section. Section 9 This Ordinance shall be in full force and effect from and after its passage and approval according to Law. ADOPTED BY THE TO COUNCIL OF MILLERSBURG, ELKHART COUNTY, INDIANA THIS 1st DAY OF July, 1991. Ordinance 1991-7
Adopted this 15th Day of July, 1991 Ordinance 1991-8 AN ORDINANCE TO AMEND TOWN CODE 1988-7 KNOWN AS THE COMPREHENSIVE PLAN OF ZONING FOR THE TOWN OF MILLERSBURG, ELKHART, COUNTY INDIANA BY REZONING THE AREA OF REAL ESTATE HEREINAFTER DESCRIBED FROM M-2 TO R-2. WHEREAS, Andy and Angie Drummond submitted an application to rezone real estate hereinafter described from M-2 to R-2 and after proper legal notice a hearing was held as provided by Law, and the Plan Commission did find that all elements of the law have been met and did on the July day of 11, 1991 recommend a zone change from N—B to R—2 and filed their recommendation for adoption of this Ordinance with the Town Council of Millersburg, Elkhart County, Indiana. BE IT THEREFORE ORDAINED BY THE TOWN COUNCIL OF MILLERSBURG, ELKHART COUNTY, INDIANA THAT: Legal Description: Lot 18 of Rodgers and Wehrlys Addition in the Town of Millersburg Be rezoned from M-2 to R-2 effective immediately, and the zone maps dated October 30, 1959 and made a part of Article II, Section 2 of the Master Plan of Zoning for the Town of Millersburg, Elkhart County, Indiana as amended are hereby ordered amended and changed to reflect the said rezoning of said real estate. ADOPTED BY THE TOWN COUNCIL of MILLERSBURG, ELKHART COUNTY, INDIANA This 5th day of August, 1991 Ordinance 1991-9 BE IT ORDAINED by the Town Council of the Town of Millersburg: SECTION 1. The following described real estate is hereby annexed to and incorporated into the Town of Millersburg, Elkhart County, Indiana, to-wit: A part of the Southeast Quarter of Section 34, Township 36 North, Range 7 East, gore particularly described as follows: Commencing at a stone with a cross marking the Northwest corner of said Southeast Quarter; thence South 01 degree, 07 minutes West, 1165.70 feet along the West line of said Southeast Quarter to a point on the North line of Elm Street; thence East 33 feet to an iron pipe at the point of beginning of this description; thence continuing East 383.47 feet along the North line of E Street to an iron pipe; thence North 01 degree 09 minutes 59 seconds East, 120.18 feet to an iron pipe; thence West 383.58 feet to an iron pipe; thence South 01 degree 07 minutes West 120.18 feet to the point of beginning, containing 1.06 acre. SECTION 2. The Clerk-Treasurer is directed to post a copy of this Ordinance in a public place in each of the three wards and in a public place on the real estate described; and to furnish a certified copy of the same to the Auditor of Elkhart County, the Board of Commissioners of Elkhart County, and the Elkhart County Plan Commission. Section 3. This Ordinance shall be in full force and effect immediately upon adoption. Adopted this 5th day of August, 1991. Ordinance 1991-10 BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG Section 1. This is hereby created for the Town of Millersburg a Department of Economic Development with full power and authority to act and to do such acts and things as are provided by law, Section 2. The Department of Economic Development shall be under the control of a commission to be known as the Millersburg Economic Development Commission. The Millersburg Economic Development Commission shall consist of three (3) members to be appointed by the Town Council in the following manner: one (1) member shall be selected by the President of the Town Council; one (1) member shall be nominated by the County Council, and one (1) member shall be nominated by the Town Council. Section 3. The Commissioners shall take office upon their appointment, and their terms shall run the following number of years from February 1 following the original appointment: the Commissioner selected by the President of the Town Council, three (3) years; the Commissioner nominated by the County Council, two (2) years, and the Commissioner nominated by the Town Council, one (1) year. Section 4. At the expiration of the respective terms of each of the Commissioners originally appointed, their respective successors shall be se and nominated before the expiration of the term in the same manner as the original appointee, and each succeeding member shall serve a term of three (3) years. In the event that the appropriate body fails to make a nomination within the time specified by law, the President of the Town Council may select and appoint a person without nomination. Each such selected or nominee appointed shall be notified in writing and appointed by the President of the Town Council within ten (10) days after receiving such nomination. In the event that any person appointed as Commissioner fails to qualify by taking and subscribing an oath of office within such ten (10) day period, or if any Commissioner, after qualifying, dies, resigns, vacates or is removed from office, a new Commissioner shall be selected or nominated and appointed to fill such vacancy in the same manner as the Commissioner so appointed and shall serve for the remainder of the vacated term, Commissioners shall receive no salary but be entitled to reimbursement for any expenses necessarily incurred in the performance of their duties, Section 5. The Millersburg Economic Development Commission shall have all of the powers and duties as are provided by law. Section 6. This ordinance shall be effective upon adoption. Adopted this 26th day of August, 1991. Ordinance 1991-12 AN ORDINANCE TO AMEND TOWN CODE 1988-7 KNOWN AS THE COMPREHENSIVE PLAN OF ZONING FOR THE TOWN OF MILLERSBURG, ELKHART, COUNTY INDIANA BY REZONING THE AREA OF REAL ESTATE HEREINAFTER DESCRIBED FROM A1 to R1 WHEREAS, Thelma Bender submitted an application to rezone real estate hereinafter described from A-1 to R-1 and after proper legal notice a hearing was held as provided by Law, and the Plan Commission did find that all elements of the law have been met and did on the 12th day of September, 1991 recommend a zone change from A-1 to R-1 and filed their recommendation for adoption of this Ordinance with the Town Council of Millersburg, Elkhart County, Indiana. BE IT THEREFORE ORDAINED BY THE TOWN COUNCIL OF MILLERSBURG, ELKHART COUNTY, INDIANA THAT: A part of the Southeast Quarter of Section 34, Township 36 North, Range 7 East, Clinton Township, Elkhart County, Indiana, and more particularly described as follows: Commencing at a stone with a cross marking the Northwest corner of said Southeast Quarter; thence South 01 degree, 07 minutes West, 1165.70 feet, along the West line of said Southeast Quarter , to a point on the North line of Elm Street; thence East, 33.0 feet, to an iron pipe at the point of beginning of this description; thence continuing East, 383.47 feet, along the North line of Elm Street, to an iron pipe; thence North 01 degree, 09 minutes, 59 seconds East, 120. 18. feet, to an iron pipe; thence West, 383.58 feet, to an iron pipe; thence South 01 degree, 07 minutes West, 120.18 feet, to the point of beginning containing 1.06 acre. Be rezoned from A-1 to R-1 effective immediately, and the zone maps dated October 30, 1959 and made a part of Article II, Section 2 of the Master Plan of Zoning for the Town of Millersburg, Elkhart County, Indiana as amended are hereby ordered amended and changed to reflect the said rezoning of said real estate. ADOPTED BY THE TOWN COUNCIL O MILLERSBURG, ELKHART COUNTY, INDIANA THIS 7th DAY OF October, 1991. Ordinance 1991-13
Adopted this 4th Day of November, 1991 Ordinance 1991-14
Adopted this 2nd Day of December, 1991 Ordinance 1991-15 BE IT ORDAINED by the Town Council of the Town of Millersburg: SECTION 1. The following described real estate is hereby annexed to and incorporated into the Town of Millersburg in Elkhart County, Indiana, to-wit: A part of the Southeast Quarter of Section 34, Township 36 North, Range 7 East, Clinton Township, more particularly described as follows: Commencing at a stone with a cross marking the Northwest corner of said Southeast Quarter; thence South 01 degree, 07 minutes West, 1165.70 feet along the West line of said Southeast Quarter to a point on the North line of Elm Street in the Town of Millersburg; thence East 416.47 feet along the North line of Elm Street to the Southeast corner of Lot numbered 1 in Bender’s Subdivision and the place of beginning of this description; thence North 120 feet along the East line of said Lot 1 to the Town limits; thence East along the Town limits line to a point where the Town limits line turns South, a distance of 40 feet, more or less; thence South along the Town limit line a distance of 120 feet, more or less, to the North line of Elm Street; thence West, along the North line of Elm Street 40 feet, more or less, to the place of beginning. SECTION 2. The Clerk-Treasurer is directed to post a copy of this Ordinance in a public place in each of the three wards and in a public place on the real estate described, and to furnish a certified copy of the same to The Auditor of Elkhart County, the Board of Commissioners of Elkhart County and the Elkhart County Plan Commission. Section 3. This Ordinance shall be in full force and effect immediately upon its adoption. Adopted this 2nd of December, 1991. |