WHEREAS, on September 12, 1994, by Ordinance No. 27-94, the Common Council of the City of West Lafayette annexed certain real estate to the City of West Lafayette; and

WHEREAS, Ordinance No. 27-94 purported to annex key numbers 134-06400-026-8, 134-06400-027-9 and 134-06400-044-4; and

WHEREAS, Ordinance No. 27-94 excepted from its description a certain .52 acre tract described as follows:

Commencing at the Southeastern corner of said Southwest Quarter, and running thence North 00°-20' East, 1605.21 feet; thence North 89°-40' West, 480.75 feet to the point of beginning; thence South 8°-27' East, 80.00 feet; thence South 64°-43' West, 160.00 feet to the Eastern right of way line of U.S. 52; thence North 30°-26' West along the Eastern right of way line of said U.S. 52, 55.16 feet; thence continuing along the Eastern right of way line of U.S. 52 on a curve to the left having a radius of 2373.83 feet and an arc length of 120.15 feet; thence South 89°-40' East, 225.00 feet to the point of beginning containing 0.52 acre, more or less.

WHEREAS, pursuant to Ind. Code § 36-4-3-22, such annexations should be filed within 90 days after passage, with the Tippecanoe County Auditor who maintains records of such annexations and the boundaries of municipalities and other taxing districts; and

WHEREAS, after the passage of Ordinance No. 27-94, on September 12, 1994, the .52 acre tract described above was combined with a .204 acre tract contained within the description of real estate annexed and listed under the key number of the .204 acre tract; and

WHEREAS, on January 24, 1997, the Tippecanoe County Auditor finally received Ordinance No. 27-94; and

WHEREAS, the Tippecanoe County Auditor has amended its plats to show the annexation, based upon the key number specified in Ordinance No. 27-94; and

WHEREAS, the description of a portion of the tract annexed has changed from that set forth in Ordinance No. 27-94 because of the change in the tract set forth above; and

WHEREAS, EMRO Marketing Company, owner of the .52 acre tract desires to remodel and rebuild a gasoline service station on the real estate; and

WHEREAS, Tippecanoe County cannot and has declined to issue a building permit because the Tippecanoe County Auditor's records show that this tract is within the City of West Lafayette; and

WHEREAS, EMRO Marketing Company has requested the administrative officer of the City of West Lafayette to issue a building permit to based upon the records of the Tippecanoe County Auditor and the written agreement of EMRO Marketing Company to be annexed; and

WHEREAS, it is desirable to clarify the discrepancy between land descriptions which has arisen as a result of the untimely filing of Ordinance No. 27-94; and

WHEREAS, the land described herein is contiguous to the current boundary of the City of West Lafayette; and

WHEREAS, the Common Council has received a petition for the annexation of the land described herein from the owner of 75% or more of the total assessed value of the land described herein; and

WHEREAS, the land can be used for future development within the City of West Lafayette within the reasonably near and foreseeable future; and

WHEREAS, all of the requirements of statute for the annexation of such land have been met.

THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEST LAFAYETTE, INDIANA, THAT:

Section 1. The following described land be, and the same is, hereby annexed to and declared a part of the City of West Lafayette, Indiana:

key number: 170-05302-0049

A part of the Southwest Quarter of Section one (1), Township twenty-three (23) North, Range five (5) West, more completely described by metes and bounds as follows:

Commencing at the Southeastern corner of said Southwest Quarter, and running thence North 00°-20' East, 1605.21 feet; thence North 89°-40' West, 480.75 feet to the point of beginning; thence South 8°-27' East, 80.00 feet; thence South 64°-43' West, 160.00 feet to the Eastern right of way line of U.S. 52; thence North 30°-26' West along the Eastern right of way line of said U.S. 52, 55.16 feet; thence continuing along the Eastern right of way line of U.S. 52 on a curve to the left having a radius of 2373.83 feet and an arc length of 120.15 feet; thence South 89°-40' East, 225.00 feet to the point of beginning containing 0.52 acre, more or less; and

Commencing at the southeast corner of the southwest quarter of Section 1-23-5, said corner being marked by a Berntsen A1NB monument; thence North 0º-08'-04" West along the east line of said quarter section a distance of l406.78 feet, thence westerly along a non-tangent curve (said curve being concave southerly, having a radius of 545.00 feet, a chord length of 55.58 feet and a chord bearing of North 87º-53'-38" West) an arc distance of 55.6l feet; thence South 89º-l0'-59" West a distance of 200.0l feet; thence westerly along a tangent curve to the right (said curve having a radius of 155.00 feet, a chord length of 22.24 feet and a chord bearing of North 86º-42'-12" West) an arc distance of 22.26 feet; thence north 82º-35'-24" West a distance of 177.67 feet to the point of beginning of the herein described tract; thence North 82º-35'-24" West a distance of 35.41 feet; thence westerly along a tangent curve to the left (said curve having a radius of 245.00 feet, a chord length of 94.54 feet and a chord bearing of South 86º-17'-08" West) an arc distance of 95.l4 feet; thence northwesterly along a curve (said curve being concave northeasterly, having a radius of 25.00 feet, a chord length of 30.00 feet and a chord bearing of North 67º-58'-23" West to a point on the northeasterly right-of-way line of U.S. Highway #52 (said right-of-way being 82.00 feet northeasterly of the project center line as per Indiana State Highway Plans for Project No. 75(6), dated 1948); thence North 31º-06'-26" West along said northeasterly right-of-way line a distance of 14.94 feet to the southerly line of a 0.52 acre tract as described in Record Number 79-4439 (Checker Oil) in the Office of the Recorder of Tippecanoe County, Indiana, said point being marked by a 3/4" x 30" rebar with an aluminum cap stamped "Vester and Assoc" hereinafter referred to as a Vester capped rebar; thence North 64º-l4'-56" East along said southerly line a distance of 166.65 feet to a Vester capped rebar; thence South 8º-55'-04" East a distance of 96.05 feet to the point of beginning, containing 0.204 acres.

The following statement is for clarification only and is not intended by the grantor as a deed restriction:

This conveyance is a sale or exchange made pursuant to Exemption "E" of the definition of "subdivision" as found in the Unified Subdivision Ordinance of Tippecanoe County to an adjoining 0.52 acre tract (Checker Oil Deed Record 79-4439) with the understanding that it creates no additional building site at this time and that the current existing principal use building site is located on the tract that remains after said conveyance.

Located in Wabash Township, Tippecanoe County, Indiana.

Section 2. Be it further ordained that the boundaries of the City of West Lafayette shall be, and same are, declared to extend so as to include all of the land described above as part of the City of West Lafayette, Indiana.

Section 3. The land annexed by this ordinance shall be included in council district 4.

Section 4. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor and notice, as provided by law.

Office of the Clerk-TreasurerJudy Rhodes