Chesterton Tribune

Porter County rezoning ordinance

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Petitioner: David & Carol Shepard

From: RR, Rural Residential

To: A-1, General Agriculture

ORDINANCE NO. 11-12

AN ORDINANCE amending Ordinance NO. 07-05 entitled, “PORTER COUNTY UNIFIED DEVELOPMENT ORDINANCE” 2008-004335

BE IT ORDAINED by the Board of Commissioners of Porter County, Indiana, under authority of Chapter 174, Acts of 1947, and all Acts amendatory and supplemental, thereto, General Assembly of the State of Indiana:

SECTION 1: That the following described real estate in Pine Township be and the same is HEREBY REZONED.

From: RR, Rural Residential

To: A-1, General Agriculture

The North 514 feet of the West 850 feet of the Northwest Quarter of Section 25, Township 37 North, Range 5 West of the Second Principal Meridian, Porter County, Indiana, being more particularly described as follows:

Beginning at a railroad spike marking the Northwest corner of the Northwest Quarter of Section 25; thence North 89 degrees 57 minutes 20 seconds East, along the North line of said Northwest Quarter, 850.04 feet; South 00 degrees 29 minutes 34 seconds West, parallel with the West line of said Northwest Quarter, 514.02 feet; thence South 89 degrees 57 minutes 20 seconds West, parallel with the North line of said Northwest Quarter, 850.04 feet to the West line of said Northwest Quarter; thence North 00 degrees 29 minutes 34 seconds East, along said West line, 514.02 feet to the Point of Beginning. Containing 10.03 acres, more or less, and subject to all legal highways and easements of record.

GENERAL LOCATION: A parcel of land located at 1389 N 600 E., in Pine Township, Porter County, Indiana.

SECTION 2: That the ZONE MAPS attached to and made a part of said Zoning Ordinance be revised to indicate that above described property as being in the A-1, General Agriculture District.

SECTION 3: That the above described real estate shall be and the same is hereby rezoned conditioned upon the filing and recording in the Office of the Porter County Recorder of written commitments, which are attached hereto and incorporated herein by reference. Provided further, recorded copies of the written commitments shall be provided to the Porter County Plan Commission within thirty (30) days of the date of the adoption of this ordinance.

SECTION 4: That this Ordinance shall take effect from and after its approval and adoption by the Board of Commissioners of Porter County, Indiana, this 16th day of August, 2011

BOARD OF COMMISSIONERS

PORTER COUNTY, INDIANA

John A. Evans

Nancy Adams

Carole M. Knoblock

Attest: Robert Wichlinski

County Auditor

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law.

Robert W. Thompson Jr. AICP

Executive Director/County Planner

WRITTEN COMMITMENT

This written commitment is made this 28th day of July 2011, by David L. Shepard and Carol L. Shepard, and is hereby created as part of a process for rezoning of property as found at 1389 N. 600 E., Michigan City, Indiana.

WITNESSETH:

WHEREAS, the Petitioners are the owners of the following described real estate, to-wit:

The North 514 feet of the West 850 feet of the northwest Quarter of Section 25, Township 37 North, Range 5 West of the Second Principal Meridian, Porter County, Indiana, being more particularly described as follows:

Beginning at a railroad spike marking the Northwest corner of the Northwest Quarter of said Section 25; thence North 89 degrees 57 minutes 20 seconds East along the North line of said Northwest Quarter, 850.04 feet; thence South 00 degrees 29 minutes 34 seconds West, parallel with the West line of said Northwest Quarter, 514.02 feet; thence South 89 degrees 57 minutes 20 seconds West, parallel with the North line of said northwest Quarter, 850.04 feet to the West line of said Northwest Quarter; thence North 00 degrees 29 minutes 34 seconds East, along said West line, 514.02 feet to the point of beginning. (Containing 10.03 acres more or less)

WHEREAS, Petitioners had filed a Petition in front of the Porter County Plan Commission requesting a rezoning of the property from its current zoning of RR to a proposed zoning of A-1, and

WHEREAS, the Petitioners received a favorable recommendation from the Porter County Plan Commission at a Public Hearing held on July 13, 2011, and

WHEREAS, the Petitioners as part of said favorable recommendation are willing to commit to building only 1 single family dwelling on said property, and

NOW THEREFORE, the Petitioners agree as follows:

1. That the Petitioners shall only build 1 single family dwelling on the 10.03 acre parcel.

2. That upon recording of the Written Commitment, the same shall be binding upon: The owners of the lot; the subsequent owner(s) of the lot; and a person who aquires an interest in the lot.

3. This Written Commitment may be modified or terminated only by a decision of the Porter County Plan Commission made at a public hearing after 10 days notice has been given by the Plan Commission to the Petitioners. No other notice is required with the exception of the legal publication that is required pursuant to Indiana law for public hearing. A copy of said notice will be sent to the Petitioners at the following mailing address:

David L. Shepard and Carol L. Shepard

1389 N. 600 E.

Michigan City, IN 46360

4. That the Petitioners creating this Written Commitment shall have the same recorded at the Office of the Porter County Recorder at their cost upon the approval of the Porter County Commissioners.

5. That Petitioners deed of record is found at document #2011-012287, in the Office of the Recorder of Porter County, Indiana.

All of which is dated and signed by Petitioners.

David L. Shepard, Carol L. Shepard

STATE OF INDIANA

COUNTY OF PORTER SS:

Before me, the undersigned, a notary Public, in and for said County and State, this 28th day of July, 2011, personally appeared David L. Shepard and Carol L. Shepard, and acknowledges the execution of this Written Commitment.

Witness my hand and the Notarial Seal

Beth Ann Adkins, Notary Public

My Commission Expires: August 28, 2017

Approval of Written Commitment

The aforedescribed Written Commitment provided by Petitioners with respect to their rezoning request is hereby approved by the Porter County Commissioners.

Dated 8/16/11

Porter County Commissioners

John Evans

Nancy Adams

Carole M. Knoblock

Attest: Robert Wichlinski

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law. Gregory T. Babcock

This instrument prepared by: Gregory T. Babcock, Attorney at Law, 111 S. Calumet Road, Chesterton, Indiana 46304, 219-926-1738

(August 19, 2011)