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HomeMy WebLinkAboutConsent to Annexation - 61271 State Road 931T 1316 COITNTY-CITY BUILDING PHONE 574/235-9251 227 W. JEFFERSON BOULEVARD FAx 5741235-9171 SourLBEND- INDIANA 46601-1830 1 65 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS March 27, 2018 Paul Dillon 61271 SR 931 South Bend, IN 46614 RE: Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees — Water Key No: 001 -1051-1366 — 61271 State Road 931 Dear Mr. Dillon: The Board of Public Works approved and recorded the above referred to document with the St. Joseph County Recorder's Office on March 27,2018. 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, 4-C Linda M. Martin, Clerk Enclosure cl Ed Herman, Water Works Judy Molnar, Water Works Dale Helpingstine, Streets GARY A. GILOT Suz,ANNAM.FRITZBERG ELIZABETH A. MARADIK JAmEs A. MUELLER THERESE J. DoRAu i� i RECORDED AS PRESENTED ON 03 /2812018 09.56 AM MARY SETT WISI,6IENWTx:404TSSKI 8 0 7 5 4 0 0 sr. JOSEPH COUTY 27 RECORDER Hold Recorded copy for: Board of Public Works PGS : I FEES: 25= CONSENT TO ANNEXATION, WArVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES In consideration for permission 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 I Property Address Key # Property Description Mailing Address 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 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 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 of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terms of this 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. (Property Owner ISi1nature) Property Owner (Print Name) BOARD OF PUBLIC WORKS Therese J. Doran, Meffiber James A. Mueller, Member Date: 3.z s STATE OF INDIANA ) SS: COUNTY OF ST JOSEPH ) Il6bre a Notary Public in and for said County and State, personally apr,.arvd�a - � — -- and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. W7ESS hand and Notarial this Day of ANGELA D PORTER Notary Public Seal State of Indians ota �y Pu is S S, Jose 0 _.0 I, Joseph County it ii , Commission # S63408 's '1 a/202 My Commission Expires QW8/2023 (Signature) -7 Aresident of (Printed Name) My Commission Expires: --4 I affirm, under the penalties for Roritity, that I have taken reasonable care to redact each Social Security number in this docurrient unless re uired b law: This instrument was prepared by Aladegia DqRM,,City Atmm-, 1200 County City Building, South Bend, Indiana 46601. 1 40"'' Ila