RFT

RESOLUTION 2015-01
,ARATORY
RF],SOLUTION OF THE CITY OF NAPPANEF],
AMENDATORY
ON F'OR THE NAPPANEE
REDEVELOPMENT CO
CONSOLIDATED TIF DISTRICT

of

Nappanee Redevelopment Commission ("Commission") has

investigated, studied, and surveyed economic development areas within the corporate boundaries of
the City of Nappanee, Indiana;

V/HEREAS the City

WHEREAS the Commission did on the 7t day of June, 1993 adopt a Declaratory
Resolution establishing the Nappanee Downtown TIF District;
WHEREAS the Commission did on the 16th day of August, 1993 adopt a Confirmatory
Resolution confirming the Nappanee Downtown TIF District which was filed with the Elkhart
County Auditor;
WHEREAS the Commission did on the 21't day of January, 1999 adopt a Declaratory
Resolution establishing the Nappanee V/estside lndustrial Park TIF District;
WHEREAS the Commission did on the 18 day of March, 1999 adopt a Confrmatory
Resolution confirming the Nappanee Westside lndustrial Park TIF District which was recorded on
the 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 Declaratory
Resolution establishing the Nappanee Senior Housing TIF District;
WHEREAS the Commission did on the 18tr day October, 2001 adopt a
Resolution confirming the Nappanee Senior Housing TIF District which was recorded on the
day of October, 2001 as Instrument Number 200I-33554, Elkhart County Records;

WHEREAS the Commission did on the 24 day of October, 2006 adopt a Declaratory
Resolution amending the Nappanee Downtown TIF District, the Nappanee V/estside Industrial Park
TIF District, and the Nappanee Senior Housing TIF District and consolidating all of those TIF
Districts 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 Confrmatory
Resolution confrming the amendments and consolidating the Nappanee TIF Districts into the
Nappanee Consolidated TIF District which was recorded on the 23'd day of January, 2007 as
Instrument Number 2007-02043, Elkhart County Records;
WHEREAS the Commission did on the 11 day of January,2011 adopt an Amendatory
Declaratory Resolution amending the Economic Development Plan for the Nappanee Consolidated
TIF District;
WHEREAS the Commission did on the 26th day of April, 2011 adopt a Confirmatory
Resolution confirming the amendment of the Economic Development Plan for the Nappanee
Consolidated TIF District which was recorded on the 28 day of April,2011 as Instrument Number
201 1 -07889, Elkhart County Records;

WHEREAS the Commission has selected two additional areas to be part of the economic
development area to be planned, replanned, developed, and redeveloped under I.C. $ 36-7-14 as part
of the Nappanee Consolidated TIF District;
V/HEREAS it will be of public utility and benefit to acquire property within and to develop
and redevelop the additional areas to be part of the economic development area of the Nappanee
Consolidated TIF District;
WHEREAS the Commission has prepared an economic development plan ("Plan") for the
additional economic development areas for the Nappanee Consolidated TIF District, which plan is
attached to this Resolution as Exhibit A;
WHEREAS the Commission has caused to be prepared:

1.

Maps and plats showing:

a.

The boundaries of the additional economic development areas, the location

ofvarious parcels ofproperty, streets, alleys, and other features affecting the
acquisition, clearance, replatting, replanning, rezoning, and the economic
development of the additional areas; and

The parts of the areas including improved streets, rights-oway, and related
improvements 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 additional
economic 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 as
Exhibit B;
NOW, THEREFORE, BE IT RESOLVED by the Commission that

1. The Commission has selected additional areas to be part of the economic

development areas within its corporate boundaries. The Commission is hereby designating
additional areas as part of the Nappanee Consolidated Economic Development Area (Nappanee
Consolidated TIF District"), which additional areas are described and shown on Exhibits C, D, and
E which are attached hereto.
2.

The Commission declares that it will be of public utility and benefit to amend the
Declaratory Resolution and Economic Development Plan for the Nappanee Consolidated TIF
District.

3.

The Commission declares that any additional areas to be acquired and the additional
areas to be developed under this Amendment are designated as part of the existing economic
development 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

Will retain or expand significant

attract major new business enterprises to the City of Nappanee;

business enterprises existing in the City

of

Nappanee;
d.

Benefits the public health, safety, morals, and welfare of the citizens of the
City ofNappanee;
Increases the economic well-being of the
and the State of Indiana; and/or

f.

City of Nappanee, Elkhart County,

Serves to protect and increase property values

Elkhart County, and the State of Indiana.

in the City of

Nappanee,

5.

The Commission finds that the Plan cannot be achieved by regulatory processes or
by the ordinary operation of private enterprise without resort to the powers allowed by the
Commission under LC. $36-7-14 because of the lack of local public improvements and multiple
ownership of land and specifically:
a.

The need for sanitary sewer lines, water lines, a water tower, and related
utility improvements to serve the additional economic development areas;
and

b.

The need for improved public roads, traffic signals, bridges, drainage, and
public right-of-way in and serving the additional economic development
areas.

c.

The need for public amenities including soccer fields, restrooms, stands,
lockers, a concession building, lighting, signage, and other related or
recreationally related features in and serving the additional economic
development areas.

d.

The need for airport and rail improvements in and serving the additional
economic development areas.

6.

The Commission finds that the accomplishment of the Plan will be of public utility
and benefit as measured by:

a.

The attraction or retention of permanent jobs;

b.

An increase in the properly tax base; and/or

c.

Improved diversity of the economic base

The Commission finds that the public health and welfare

l.
accomplishment of the Plan for the additional economic development areas.

will

be benefited by

8.

The Commission finds that the Plan for the additional economic development areas
conforms to other development and redevelopment plans for the City of Nappanee.

9.

The Commission proposes that all rights-of-way necessary to complete the Plan
shall be dedicated to or acquired by the appropriate govemmental unit to permit the development of
the Nappanee Consolidated TIF District, as amended.

10.

The Commission estimates that the cost of implementing the Plan will be
approximately Six Million Dollars ($6,000,000.00), subject to revised estimates and the
development 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, the
Commission finds that it does not need to give consideration to transitional and permanent
provisions 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

Nappanee

Consolidated 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.
b

Any property taxes levied on or after the effective date of this Resolution by
or for the benefit of any public body entitled to a distribution of property
taxes on taxable real property in the allocation areas shall be allocated and
distributed in accordance with I.C. $36-7-14-39.

These additional areas and allocation provisions shall remain effective for a
term of 25 years from date of adoption unless sooner terminated by the

Commission.

13.

The Commission finds, based upon the evidence provided in the Economic
Development Plan and the Factual Report, that the adoption of the allocation provision herein will
result in new property taxes in the area that would not have been generated but for the adoption of
the allocation provision.

14. All of the rights, powers, privileges, and inmunities that may be exercised

by the

Commission in a redevelopment area or urban renewal area under I.C. $36-7-14 may be exercised
by the Commission in the Nappanee Consolidated TIF District, subject to the limitations in I.C.

36-7-t4-43.

The Commission hereby directs and authorizes the presiding officer of the
Commission to submit this Resolution, the Plan, and the Report to the City of Nappanee Plan

15.

Commission for its approval.

16.

The Commission further directs and authorizes the presiding officer of

the

Commission to submit this Resolution, the Plan, and the Report to the Nappanee Common Council
for its approval of the establishment of the additional Economic Development Areas for the
Nappanee Consolidated TIF District.

17.

The Commission also directs the presiding officer of the Commission, upon receipt
of the written order of approval of the City of Nappanee Plan Commission and the approval of the
Nappanee Common Council, to publish notice of the adoption and substance of this Resolution in
accordance with I.C. $5-3-1. The notice must state that maps and plats have been prepared and can
be inspected at the office of the C ofNappanee Department of Planning ard must establish adate
when the Commission will receive and hear remonstrances and objections from persons interested
in or affected by the proceedings pertaining to the proposed Project and amendment of the
Economic Development Areas and will determine the public utility and proposed benef,rt of the
proposed Project.

18.

The Commission further finds that the amendment of the Economic Development
Areas for the Nappanee Consolidated TIF District is reasonable and appropriate when considered in
relation 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 the
Nappanee Consolidated TIF District, with the proposed amendments, conform to the
comprehensive 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

EXHIBIT A
tra.lN]rNtla nF\/trT D\/fE]\lT PLAN FOR TIF A I\ItrI\IT/tr]\TT AE'|.LIE TADDA]\TEE
BY THE CITY OF NAPPANEE
CONSOLIDATED TIF DIS
REDEVELOPMENT COMMISSION
Pumose and Introduction

This document is the Economic Development Plan ("Plan") for the additional land in the
Nappanee Consolidated TIF District for the City of Nappanee, lndiana ("Nappanee"). It is intended
for approval by the Nappanee Common Council, City of Nappanee Plan Commission, and the City
ofNappanee Redevelopment Commission ("Redevelopment Commission") in conformance with IC
36-7-r4.
Proiect Obiectives
The purposes of the Plan are to benefit the public health, safety, morals, and welfare of the
citizens of Nappanee; increase the economic well-being of Nappanee and the State of Indiana; and
serve to protect and increase property values in Nappanee and the State of Indiana. The Plan is
designed to promote significant opportunities for the gainrl employment of citizens of the
Nappanee, retain or expand existing significant business enterprises in Nappanee, provide for local
public improvements in the Nappanee Consolidated TIF District, remove improvements or
conditions that lower the value of the land in the Nappanee Consolidated TIF District below that of
the nearby land, attract and retain permanent jobs, increase the property tax base, and improve the
diversity of the economic base ofNappanee.
The factual report attached to this Plan contains the supporting data for the above declared
purposes of the Plan.

Description of Proiect Area

The additional land in the Nappanee Consolidated TIF District is located in the City of
Nappanee 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 Nappanee
Consolidated 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 of
sanitary sewer lines, water lines, and related utility improvements in and serving the area, and
recreational features including soccer fields, lockers, stands, restrooms, and a concession building in
and serving the area. Projects which may be performed include the following:
Estimated Amount

Item
Extension of water and sewer lines

$1,600,000.00

Soccer fields, lockers, stands, restrooms,

Concession building

$1,000,000,00

Water Tower

$1,100,000.00

Extension of Lincoln Street West

$1,400,000.00

Traffic signals, lighting, signage, drainage

$900,000.00

Proj ect Oualification Requirements

Infrastructure improvements will be constructed with the assistance of the Redevelopment

Commission. The Redevelopment Commission and the Nappanee Common Council are
responsible for approving all requests and appropriate agreements setting forth the terms and
conditions pertaining to improvements in the Nappanee Consolidated TIF District.

Without the establishment of these additional economic development areas within the
Nappanee Consolidated TIF District and the assistance of the Commission, it is unlikely that any of
these local public improvements would have been accomplished. The construction and
development of these local public improvements will also set the stage for new growth and
redevelopment within these additional economic development areas in the Nappanee Consolidated
TIF District.
Acquisition of Property
In order to accomplish the Project, the Redevelopment Commission does not currently plan
to acquire any interests in any real property. However, the Redevelopment Commission may
acquire by gift or purchase interests in real property from the Nappanee Common Council. TIF
funds may be used to reimburse other govemmental units for local public improvements, including
land, rightof-way acquisitions or related expenses; road and bridge improvements; storm, sanitary
sewer, water tower, and water line installations; soccer fields and other recreational features; and
other related improvements.

wl

to the

All contracts for material or labor in the accomplishment of the Project shall be let under
applicable statutes.
In the planning and rezoning of real properly acquired or to be used in the accomplishment
of the Plan; the opening, closing, relocation, and improvement of public ways and bridges; and the
construction, relocation, and improvement of sewers and utility services; the Redevelopment
Commission shall proceed in the same manner as private owners of the property. The
Redevelopment Commission may negotiate with the proper offrcers and agencies of the County and
municipal offices to secure the proper orders, approvals, and consents.

Any construction work required in connection with the Project may be carried out by the
appropriate municipal or County department or agency or by the Redevelopment Commission if all

plans, specifications, and drawings are approved by the appropriate department or agency and the
statutory procedures for letting of the contracts are followed by the Redevelopment Commission.
The Redevelopment Commission may pay any charges or assessments made on account of
orders, approvals, consents, and construction work with respect to the Project or may agree to pay
these 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 public
ways, sewer, or other public purposes until the Redevelopment Commission has obtained the
consents and approval of the department or agency under whose jurisdiction the property will be
placed.

Financing of the Proiect

It is the intention of the Redevelopment Commission to finance the Projects with

incremental ad valorem property taxes allocated under IC 36-7-14-39 and any other assistance
provided by the City of Nappanee, lndiana. All expenses reasonably incurred in connection with
the 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 and
developed.

(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 of
the Projects.

In addition to the above, the Redevelopment

Commission may enter into commitment

agreements, leases, and interlocal agreements with other public agencies and private developers for
the purpose of setting forth procedures and conditions relating to financing, developing, and

TIF

Project.

District recognizes the

the
The Nappanee Consolidated
interconnectedness between these core manufacturing and commercial business districts of the City
of Nappanee and allows the Redevelopment Commission greater flexibility in the financing and
development of these areas.
constructing

of the Plan

By following the procedures specified lnIC 36-7-14-11.5, the Redevelopment Commission

may 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 TIF
District, such an enlargement must be approved by the Nappanee Common Council.

EXHIBIT B
FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED IN
RESOLUTION NO. 2OI5-OI OF THE CITY OF NAPPANEE
REDEVELOPMENT COMMIS SION

1. The Plan for the additional land in the Nappanee Consolidated TIF District will
promote 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 the
amended Nappanee Consolidated TIF District, as well as the preservation and improvement of
existing commercial and industrial areas, there may be an estimated seven hundred fifty (750)
permanent manufacturing and commercial related jobs created, as well as some permanent
professional office jobs being created. Nappanee has historically maintained a strong employment
base. A significant portion of Nappanee's manufacturing employment base, however, is sensitive to
economic cycles. It is important to encourage diversification in the employment base. The
Nappanee Consolidated TIF District should greatly assist the City of Nappanee in its efforts to
improve infrastructure to allow for the location and expansion of diverse manufacturing and
commercial 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 commercial
establishments within the Economic Development Area, as well as throughout the Nappanee area.

3. The planning, replanning, development, and redevelopment of the additional

Economic Development Areas in the Nappanee Consolidated TIF District will benefit the public
health, safety, morals and welfare; increase the economic well-being of Locke and Union
Townships, the City ofNappanee, Elkhart County, and the State of Indiana; and serve to protect and
increase property values in Locke and Union Townships, the City ofNappanee, Elkhart County, and
the State of Indiana as follows:
(a)

The economic well-being of Locke and Union Townships, Nappanee, Elkhart

County, and the State of Indiana would be enhanced with the completion_9f the Plan
as manufacturing and commercial positions would be created and maintained
thereby 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-way
will increase property values thereby attracting new development which will
increase the employment, as well as the tax base, for Locke and Union Townships,
Nappanee, Elkhart County, and the State of Indiana.

(c)

The establishment and construction of soccer fields, lockers, stands, restrooms, a

concession building and other recreational features will enhance the area and serve
as an attraction forjobs and talent to the area.

(d)

The installation of lighting, signage, drainage improvements, traffic signals, and

other public improvements

will

enhance development options for the area.

4.

The Plan for the Nappanee Consolidated TIF District, as amended, cannot be
achieved by regulatory processes or by the ordinary operation ofprivate enterprise because ofthe
lack of infrastructure improvements. Nappanee has no funding sources readily available for the
construction of sanitary se\iler and water improvements, public right-of-way improvements, and
recreational features to these areas within Nappanee. ln order for quality commercial and industrial
development to occur in the Nappanee Consolidated TIF District, as amended, infrastructure must
be provided which in tum ensures employment and new job opportunities will develop. New job
opportunities can be accomplished by constructing infrastructure improvements which are fnanced
in part by state and local funds and in part by incremental ad valorem property taxes. Such a
financing arrangement allows for infrastructure to be installed up front with future tax revenues
targeted to offset costs not covered by other funds. Such a financing mechanism also allows
Nappanee to proceed with infrastructure improvements which normally could not be installed
because of economic, jurisdiction, and/or legal constraints.

5.
amended,

will

The accomplishment of the Plan for the Nappanee Consolidated TIF District,
utility and benefit as measured by:

as

be of public

(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 a
timely and planned fashion; improvements will also attract a number of businesses that would not
otherwise locate in the area.

10

EXHIBIT C
LEGAL DESCRIPTION
Parcel A:

I:

The East Two Hundred Fifty (250) of Lot Number Two (2) as the said Lot is known and
designated on the recorded Plat of Airport lndustrial Park Subdivision, in Union Township; said plat
being 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 of
Airport lndustrial Park P.U.D. in Union Township; said plat being recorded in the Office of the
Recorder 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 of
Airport Industrial Park P.U.D. in Union Township; said plat being recorded in the Office of the
Recorder of Elkhart County, Indiana, in Plat Book 17, page 95.
Tract

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, to
the point of beginning of this description; thence continuing along the last described line and
bearing, 267.62 feet; thence North 00 degrees, 09 minutes, 59 seconds West, 910.74 feet, to an iron
pipe; 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, Range
5 East, Union Township, Elkhart County, Indiana, described as follows:
Commencing at the Southwest corner of the Southeast Quarter of the Northwest Quarter of said
Section 34 and running thence East along the South line of said quarter section and the center line of
U.S. Highway No. 6, a distance of 350 feet to the place of beginning of this description; thence
continuing East along the center line of U.S. Highway No. 6 a distance of 970 feet to the East line of
the Northwest Quarter of said Section 34; thence North along said East line of said quarter section

11

970 feet to the South line of land conveyed to Nappanee Investors, Inc. (Deed Record 278, page
465); 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, to
the point of beginning of this description; thence continuing along the last described line and
bearing, 267 .62 feet; thence North 00 degrees, 09 minutes, 59 seconds West, 970.74 feet, to an iron
pipe; 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), Township
Thirry-five (35) North, Range Five (5) East, situate in Union Township, Elkhart County, State of
Indiana, described as follows:
Commencing at the Southwest corner of the Southeast Quarter of the Northwest Quarter of said
Section 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 said
Section Thirty-four (34); said point also being one thousand three hundred twenty and seven
hundredths (1320.07) feet West of a spike nail marking the Southeast corner of the Northwest
Quarter of said Section Thirly-four (34); thence Eastwardly along the South line of the North Half
of said Section Thirty-four (34), a distance of three hundred fifty (350) feet to a masonry nail
marking the Southeast corner of land conveyed to Harlan D. Beer et al in Deed Record 350, page
01, said nail being the place of beginning of this description; thence continuing Eastwardly along
the South line of the North Half of said Section Thirty-four (34), a distance of four hundred thirtyfive (435) feet to a masonry nail; thence Northwardly with a deflection angle of ninety (90) degrees
nine (09) minutes fifty-four (54) seconds to the left parallel with the East line of the Northwest
Quarter of said Section Thirty-four (34), a distance of nine hundred seventy and thirty-five
hundredths (970.35) feet to an iron stake on the South line of land conveyed to The Civil City of
Nappanee, Indiana in Deed Record 345,page 9 reviously Nappanee lnvestors, Inc. - Deed Record
278, 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 Nappanee
land, a distance of four hundred thirty-five (435) feet to an iron stake; thence Southwardly parallel
with the East line of the Northwest Quarter of said Section Thirty-four (34), a distance of nine
hundred seventy and seventy-seven hundredths (970.71) feet to the place of beginning of this
description.

12

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 Record
278,page 465.

ExceptionNo.2

A tract 235 feet East and West by 970 feet North and South along the East side of said Quarter
'Willie's Construction Company, Inc., by Deed recorded in Deed
Quarter Section conveyed to
Record 3l7,page208.

ExceptionNo.3
A part of the Southwest Quarter of the Northeast Quarter of Section 34, Township 35 North, Range
5 East, Second Principal Meridian, Union Township, Elkhart County, Indiana, more particularly
described as follows:
Commencing at the Southwest comer of the Southwest Quarter of the Northeast Quarter of said
Section 34 (basis of bearings'West Line DALE D-PUD, South 00 degrees 01 minutes 36 seconds
West); thence North 89 degrees 59 minutes 21 seconds East, along the South line of said Northeast
Quarter 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 the
Northeast Quarter of Section 34, a distance of 45.00 feet to a point; thence North 00 degrees 0l
minutes 36 seconds East, along the West line of Lots Numbered 1 and 2 in said recorded plat of
DALE D-PUD, a distance of 970.57 feet to an iron rebar at the Northwest comer of said Lot
Numbered 2 inthe recorded plat of DALE D-PUD; thence North 90 degrees 00 minutes 00 seconds
West, along the South line of Deed Record2lS,page 465, a distance of 45.00 feet to an iron rebar
with cap (DORIOT 890028); thence South 00 degrees 0l minutes 36 seconds West, a distance of
970.58 feet to the Point of Beginning.

Tax Code Number: 20-14-34-200-0

3.000-028.

13

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, Union
Township, Elkhart County, Indiana.
Less and excepting the following four (4) tracts:

Exception No.

15 acres by parallel lines off and from the East side of the Northwest Quarter (NW %) of the
Southeast Quarter (SE %) of said Section 34.
Exception No. 2

A part of the Northwest Quarter (NW %) of the Southeast Quarter (SE %) of Section 34, Township
35 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 the
Northeast 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 Southeast
Quarter (SE %) aforesaid 198 feet; thence South 660 feet; thence East 198 feet; thence North 660
feet to the place of beginning.
Exception No.

A part of the Northwest Quarter (NW %) of the Southeast Quarter (SE %) of Section 34, Township
35 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 %) of
said Section 34, which point is the Northwest comer of lands now owned by Jonathan P. Blosser
and Lila L. Blosser, husband and wife; thence continuing West along the North line of said
Northwest Quarter (NW %) of the Southeast Quarter (SE %) of said Section 34 a distance of 264
feet; thence South approximately 1320 feet to the South line of the Northwest Quarter QtlW %) of
the Southeast Quarter (SE %) of said Section 34; thence East along the South line of said Quarter
Quarter Section I32 feet; thence North 660 feet to a point; thence East 132 feet to the Southwest
comer of lands now owned by Jonathan P. Blosser and Lila L. Blosser, husband and wife; thence
North 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, Township
35 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 the
West line of property now owned by Nappanee Raceway, Inc., a distance of 660 feet to the
Southeast 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 line
of Blosser land and an extension thereof 330 feet; thence South, parallel to the East line of said
Northwest Quarter (NW %) of Southeast Quarter (SE 7 a distance of 660 feet, more or less, to the
South 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 of
land now owned by Nappanee Raceway, Inc.; thence North along the West line of Nappanee
Raceway, 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 Nappanee

Municipal Airport.
Being Tax Code Numbers: 20-14-34-100-014.000-029,20-14-34-151-010.000-029, 20-14-34-10l6.000-029,
002.000-029,20-r4-34-100-019.000-029,20-t4-34-100-038.000-029,20-74-34-100-01
20-14-34-100-015.000 -029,20-14-34-100-039.000-029,20-14-34-100-042.000-029, and20-14-34100-013.000-029.

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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
East, described as follows:

Beginning at a point 4I % feetNorth of the Southwest corner of the East half of the Northwest
Quarter of said Section 31; thence East along the North line of East Market Street in the City of
Nappanee, 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 South
'West
line of the East half of the Northwest Quarter of said Section 3I , 132 feet to the
along the
point 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, 20-13-25-477-015.000-021,20-13-25417 -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 Road
l9trorth Main Street; thence North along the centerline of North Main Street/State Road 19 to
the intersection and centerline of East Marion Street; thence East on the centerline of East
Marion Street to the intersection and centerline of North Elm Street; thence South on the
centerline of North Elm Street to the intersection and centerline of East Van Buren Street; thence
West 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, 20-14-31I 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

6/IvIarket Street to the intersection and centerline of County Road 150.

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U.S.

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, 20-13-36-401002.000 -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, and20-13-36434-008.000-02r.

All of the public righrof-way of South V/illiams Street from its intersection with Randolph

Street

north to U.S. 6^Mest Market Street.

All of the public rightof-way of West Lincoln

Street from its intersection with State Road 19 west

to 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 the
east, the Chessie Railroad System right-oway on the South, the centerline of North Guiss Street
extended south of U.S. 6iIVest Market Street on the west, and the centerline of U.S. 6/!Vest Market
Street on the north.

if

Street from its intersection with SouthNappanee

Street on the east to its intersection with North Metzler Drive on the west.

All of the public right-of-way of West Randolph

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