HomeMy WebLinkAboutConsent to Annexation - 52694 East TrailT
1316 COUNTY-CfTy BUILDINC, tv �j
227 W. JEFFFRSON BOULEVARD PEAc
SOUTH BEND. INDIANA 46001-1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
June 12, 2018
Dennis Miller
Miller Family Irrevocable Trust, Malcom J. Tuesley Trustee
806 Greenpine Court
Mishawaka, IN 46545
RE: Consent to Annexation, Waiver of Rights to Remonstrate and
Acknowledgement of City Compact Fees — Water/Sewer
52694 East Trail - Key No: 021-1036-059314
Dear Mr. Miller:
PmNi- 574/235-9251
FAx 574/ 235-9171
The Board of Public Works approved and recorded the above referred to document with the
St. Joseph County Recorder's Office on June 12, 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,
Linda M. Martin, Clerk
Enclosure
C. Ed Herman, Water Works
Judy Molnar, Water Works
Dale Helpingstine, Streets
GARY A. GILOT SU7ANNAM.FRITZBERo ELLZABETHA.MARADIK JAmEs A. MUELLER Ti-fERESE J. DoRAU
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Tx:4053536
-- 1814157
RECORDED AS PRESENTED ONHold Recorded copy for: Board of Public Works
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CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATEMARY BETH wrSNaEWSs U
AND ACKNOWLEDGMENT OF MISCELLANOUS CITY FEES ST. 30SEPH COUNTY
RECORDER
In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city o�cS9?rida5.00
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 MILLER FAMILY IRREVOCABLE TRUST MALCOLM J TUESLEY TRUSTEE
Property Address 52694 East Trail, South Bend, IN
Tax ID/Key # 021-1036-059314
Property Description Lot 447 Fox Run Sec 7 Pt 4 NP#8812 9-15-05
Mailing Address 806 Greenpine Ct, Mishawaka, IN 46545
L✓l WATER Ld SEWER
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, Sections 17-79 and 17-80 of the South Bend Municipal Code, Owner acknowledges and
accepts the Owner's obligation to pay a wastewater and water system development charge based on expected usage. Further,
the Owner acknowledges and agrees to pay the applicable surcharge established under Chapter 17, Article 10, Section 17-81
for wastewater service.
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 I Signature)
�e.t1 ✓rS D, IY1r/1-ev
Property Owner (Print Name)
Date:
BOARD OF PUBLIC WORKS
Gary A_ Gilot, President
Suzanna Ftijtzberg, Mem er
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
James A. Mueller, Member
Date: G / /a/pQ ( g
STATE OF INDIANA )
) SS:
COUNTY OF ST JOSEPH )
Before me, a Notary Public in and for said County and State, personally
appeared AVV% �N 1 i �i'Q ✓ and he acknowledged the execution of the fore oin; onsext --
Annexation as his voluntary act and deed. Vt �q ERIN L KRAUS
FITNESS n Notarial Seal this Day of � Y 1 2018_ Notary Public.- Seal
I ��A� J �— state of Indiana
""y Commission Expires Oct 24, 2018
(Signatures)
Eycrn J'UA A resident of } *Ly �t C (/
(Printed Name) My Commission Expires: �r�t('-i�s
I affirm under the aanalties for aenurv. that t have takty en reasonable care to redact each Social Security number in this document unless required by taw:
This instrument was orenared by Aladean DeRose CiAttorney I.) County -City Building, South Bend, Indiana 46601.