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HomeMy WebLinkAboutConsent to Annexation - Miller Family Irrevocable Trust - 52848 Hollow Trail04yOUTH B4k d 1316 COUNTY -CITY BUILDMG c 227 W. 1EFrERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 T . 1865 CITY OF SOUTH BEND PETF BUTTIGIEC, MAYOR BOARD OF PUBLIC WORKS August 9,2016 Mr. Dennis D. Miller '_Miller Family Irrevocable Trust 806 Green Pine Ct. Mishawaka, IN 46545 PHONE 5741235-9251 FAR 5741235-9171 RE: Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees — 52848 Hollow Trail - Sewer Lot 456 Fox Run Dear Mr. Miller: The Board of Public Works approved and recorded the above referred to document with the St. Joseph County Recorder's Office on August 9, 2016. A copy is enclosed for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c. Ed Herman, Water Works Judy Molnar, Water Works Dale Helpingstine, Streets GARl'A. GII OT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERE$EJ. DORAU IIIIIIIIIIIIIIIIIIIIIIIII 8002197 Tx:4001326 I Iold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES In consideration for permission to Tap into the municipal utility systum (water and/o se of the city of South Bend, Indiana, in order to pmvidesanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana. / Property Owner 1 M j(,,e r tit✓ l/t,„()E/.'(�.�YD /C /-krj% Property Address 5 {(, 4(-n i I rvi lr'R Key R Property Description LD7 u[ b V ICw,.i Mailing Address y'At r!;PtDN P,Nc L'", /1 qq(L 4N WATER TS['.WRBI� owners) of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation ofthe Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to rap into the municipal utilities (sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. Pursuant to Chapter 17, Article 10, Section 17-86 ofthe South Bend Municipal Code, Owner further acknowledges and accepts the Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30%ofthe difference between the County and City effective property tax and for both municipal utilities (water and sewer) is 50%ofsuch property tax differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates". The delivery of any instmmeat of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terms oflhis document and the acceptance ofsuch ins(rtunenl shall constitute an acceptance ofthe foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. (Property Owner I Signature) �cvo )15 A AWUeV Property Owner (Print Name) Q CANDISE NICHOLE LASSM Notary PUNIC A Nesdent of St Josepq Caen,, INMVCemmtssion ExpiresO9/1&2022 BOARD OF PUBLIC WORKS I+ tT N A rW a Jamcs A. Moeller, Member o z 0 z Date: t l ` � U Date: �-�C- 7--0/ & STA"I E OF 1NDIANA I I SS: COUNTY OF ST JOSEPH ) Before me, a Notary Public in and for said County and Slate, personally appeared—Dry%niq D and he acknowledged the execution oftlre foo,going Consent to Annexation as It's vulumaxy act and deed. q JTN PS my hard Notarial Scat this "r Dayof , 1 2016. a, cg,-n vn (Signature) s c I a us Amsidentof (Printed Name) My Commission Expires: Thu. �ntlertheoenalrxrred rvesidean tlhave taken t abh2W to reded each social5ecui tv nanber -n rl_ tlncm 1 ired�law'. l.e¢. J�,%tlrB� This insnument wasp ed br 4lad DeA C Aar 12fpC wN-0ity Bu ld'ne South Be,d lnti araA560.