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HomeMy WebLinkAboutConsent to Annexation - 51121 Kerry Glen Drive1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1836 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS September 13, 2016 Mr. James Z. Sieradzki Century Builders, Inc. 314 West Catalpa Dr. Mishawaka, IN 46545 PHONE 574/235-9251 FAX 574/235-9171 RE: Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees — 51121 Kerry Glen Drive/Lot 123 Bradford Shores — Water and Sewer Key No:71-04-18-200-073-000-003 Dear Mr. Sieradzki: The Board of Public Works approved and recorded the above referred to document with the St. Joseph County Recorder's Office on September 13, 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 GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU �'�lill!Nillllli� Ill�lll 8007121 Hold ecorded copy for: Board of Public Works Tx:4004379 �. CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES In consideration for percussion to tap into the municipal utility system (water and/or sewer) of the city of South Bend, Indiana, in order to provide sanitary 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 car Tµp,Y '�UtLA GR-S 1��• Property Address ✓n1114 Ka'n fL-( (,I eaQ _5e li 'A t -rA- 4L. •7 Property Description 611. 3 R iZ qn G i¢!j <r.ir7Rrho i lzciJ 1 Mailing Address Z.14 Wr r 4nr Ov nn kaz r_ owner(s) 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 of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to tap 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 Red Estate at any f rmn, time by duty auilwAzed ordirmnce. 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 of the 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%of the difference between the County and City effective property tax and for both municipal utilities (water and sewer) is 50% of such 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 ofany instrument ofconveyance from the Owner to any successor, grantce, vendee or contract purchaser is subject to the terms ofthis document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. BOARD OF PUBLIC WORKS "�zm�ROV L )A-- Gary A Gilot,%litdcrit dP. elos,Member blizabeth A. Mmwdi L Mcioner eres[J. Doran, 14driber James A Mueller, Member '9m Z `e' rj ill 3 / 0 �' c n o ~ Date: l Date: `� m H m M AOr"�O m ttmaon STATE OF INDIANA ) mN m A i ya m y SS: ;n t7 n 0, m tJl COUNTY OF ST JOSEPH ) r p O O t. to I.a Before me, a Noj�'Y Public in and for said County and State, personanlb y p y appeared -AA M k" t VL12N0 ZK-I and he acknowledged the execution of the foregoing Consent to '< Z 3 O Annexation as his voluntary act and deed. I Z WITNESS =d Notarial Seal this Day of 2016. S � �1✓N` J�� n , Ft11-�� A resident of !�\. (Printed Name) MYCommimiou Expires: I Z—y 'L•Z, . %P all smh `� l Notary Public • Seal fa l G ka, -�'\�C'i State of Indiana Marshall County