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APPROV::I)
<br />Board of Pt uL_.ti
<br />'C l
<br />,Z)2E.E,CD 3CD
<br />NEC 5 2002 RECORDED ON
<br />12-05-2002 10:19:24
<br />_ TERR1 J. RETHLAKE
<br />- 1-Z
<br />ST. JOSEPH COUNTY
<br />Hold Recorded copy for: Board of Public Works RECORDER
<br />REC. FEE: 9.00
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRARS: 1
<br />AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
<br />In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city of South Bend, Indiana, in
<br />order to provide sanitary sewer and/orwater service to the following described property, (hereinafter referred to as the "Real Estate"),
<br />situated in St. Joseph County, Indiana:
<br />LEGAL DESCRIPTION:
<br />A part of the East half of the Northwest Quarter of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph
<br />County, IN, more particularly described as follows:
<br />Beginning at the Southwest Comer of the East half of said Northwest Quarter, which corner being marked by a 5/8 inch remab
<br />with cap (flush); thence along the West line of said East half Quarter Section, North 0 degrees 34 minutes 21 seconds West, a
<br />distance of 1684.26 feet to a 5/8 inch rebar with cap; thence South 89 degrees 45 minures 52 seconds East, a distance of 111.84
<br />feet to a 5/8 inch rebar with cap; thence along the Est line of a parcel of land recorded under instrument Number 9114462 in the
<br />office of the Recorder of Said County North 0 degrees 34 minutes 21 seconds West, a distance of 346.96 feet to the Southwest
<br />corner of a parcel of land recorded in Deed Record Book 663, Page 541, in the Office of said Recorder, which corner being
<br />marked by a 5/8 inch rebar with cap (flush); thence South 89 degrees 45 minutes 52 seconds East, a distance of 558.20 feet to the
<br />South east corner of a parcel of land Recorded under Instrument Number 9340510 in the Office of said Recorder, which point
<br />also being on the West line of Lot 12 of Kertes Unrecorded Subdivision, said point being marked by a 3/4 inch pinched pipe
<br />(flush); thence along the respective West boundary lines of said Kertes Unrecorded Subdivision, Adamo Minor Subdivision as
<br />Recorded in Plat Book 23, Page A-4, in said Office of Recorder and Dedek's Minor Subdivision as Recorded in Plat Book 23,
<br />Page D-1, in said Office of Recorder, South 0 degrees 27 minutes 21 seconds East, a distance of 673.30 feet to the Southwest
<br />corner of the East Half of the Northeast Quarter of said Northwest Quarter, also being the Southwest corner of said Dedek's
<br />Minor Subdivision, which corner being marked by a 5/8 inch rebar with cat; thence along the South line of said Dedek's Minor
<br />Subdivision and its projection thereof, South 89 degrees 45 minutes 52 seconds East, a distance of 665.70 feet to the centerline
<br />of Orange Road; thence along the centerline of Orange Road and the East line of a parcel of land recorded under Instrument
<br />Number 9825800 in the Office of said Recorder, South 3 degrees 35 minutes 02 seconds West, a distance of 415.71 feet to the
<br />Southeast corner of said parcel of land; thence along the South line of said parcel of land, North 89 degrees 45 minutes 52
<br />seconds West, a distance of 506.71 feet to a 5/8 inch rebar with cap; thence South 0 degrees 00 minutes 04 seconds East, a
<br />distance of 175.61 feet to a 5/8 inch rebar with cap; thence South 89 degrees 45 minutes 52 seconds East, a distance of 220.00
<br />feet, which corner being marked by a 5/8 inch rebar with cap (flush); thence South 87 degrees 23 minutes 26 seconds East, a
<br />distance of 275.28 feet to the centerline of Orange Road, which point being marked by a P.K. nail; thence along the centerline of
<br />Orange Road South 03 degrees 35 minutes 02 seconds West, a distance of 433.00 feet, which point being marked by a P.K. nail;
<br />thence continuing along the centerline of said Orange Road, 504.89 feet along an arc to the right, having a radius of 335.00 feet,
<br />subtended by a long chord having a bearing of South 46 degrees 45 minutes 36 seconds West, and a chord length of 458.44 feet,
<br />which point being marked by a P.K. nail; thence continuing along the centerline of said Orange Road, South 89 degrees 56
<br />minutes 40 seconds West, a distance of 116.98 feet, which point being marked by a P.K. nail; thence along the centerline of said
<br />Orange Road, South 84 degrees 01 minutes 57 seconds West, a distance of 31.88 feet, which point being marked by a P.K. nail;
<br />thence on an East-West projection of the North line of Greenfield Second Subdivision, as recorded in Plat Book 28, Page G-3, in
<br />said Office of Recorder, South 89 degrees 56 minutes 13 seconds West, 773.36 feet to the point of beginning, containing 46.853
<br />acres, more or less, and subject to public highways and any other easements, restrictions and or covenants of record.
<br />Said land to be subdivided and known as Westwood Knolls At Blackthorn.
<br />Cooreman Real Estate Group, Inc.
<br />Steve Cooreman, President
<br />24545 Brick Road,
<br />South Bend, IN 46628
<br />WATER AND SEWER
<br />Mailing Address: Same
<br />Cooreman Real Estate Group, Inc., Steve Cooreman, President, owner of the Real Estate, (hereinafter "Owner"), for themselves
<br />and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which
<br />they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of
<br />the Real Estate by the City of South Bend.
<br />In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or
<br />water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to
<br />vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate consistent with the
<br />Agreement By and Among the City of South Bend, the City of South Bend Redevelopment Commission and Cooreman Real
<br />Estate Group, Inc., signed November 1,2002.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns
<br />shall contain the waiver and release provisions contained herein, which provisions shall run with the land.
<br />Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges Owner's
<br />obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of
<br />the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water
<br />and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published
<br />"Notice of St. Joseph County Certified Tax Rates."
<br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purch:tsgQsi subject
<br />m
<br />to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the for,,gog provisiogs by
<br />sal a ee, vende or contract purchaser and their successors in title.
<br />Cooreman Real Estate Group, Inc.
<br />Steve Cooreman, President _
<br />STATE OF INDIANA ) ��•���
<br />SS:
<br />COUNTY OF ST. JOSEPH }
<br />Before me, a Notary Public in and for said County and State, personally appeared Cooreman Real Estate Group, Inc., Steve
<br />Cooreman, President, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />Witness my hand and Notarial Seal this 2i1-� Day of 2002
<br />S hen(Writtc Si ature)
<br />��
<br />(Printed q U ZOD�
<br />A resident of St. Joseph County, Indiana. My Commission Expires:
<br />This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
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