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HomeMy WebLinkAboutConsent to Annexation - 51759 Hannigan Drive1U T10- 1,316 COUNTY -CITY BUILDING 227 W. JEFFERSON Bou.,EvARD SOI P1 H BEND- INDIANA 4660 1-1930 & CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 28, 2018 Ann Wright Allen Edwin Homes 2186 E. Centre Avenue Portage, MI 49002 RE: Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees — Water/Sewer 51759 Hannigan Drive - Key No: 002-1004-008052 Dear Ms. Wright: PHONE 574/235-9251 FAX 5741235-9171 The Board of Public Works approved and recorded the above referred to document with the St. Joseph County Recorder's Office on August 28, 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 GARY A. GILOT S UZANNA M. FRITZB ERG ELIZABETH A. MARADIK .TAMES A. M U ELLER THERESE J. DoRAu 1822031 RECORDED AS PRESENTED ON 08/28120/9 10:SS � 0 9 6 1 9 7 MARY BET91 WIS NIIEwSKI Tx:4059713 ST, 30SEPH COUNTY 0v' EcOPOER Hold Recorded copy for: Board of Public Works PPS. a nErs. za.co CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF MISCELLANOUS CITY FEES In consideration for permission to tap into the municipal utility system (water and/or sewer) ofthe 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 1 Allen Edwin Homes Property Address 51759 Hannigan Drive South Bend, 1N 46637 Tax ID/KeY <✓ dt C;; ,' `=:l t . r Property 5Description .J,t Ct.Ir? t Mailing Address 2186 E. Centre Avenue Portage, Ml 49002 [71 WATER ✓ 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 ofthe 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) ofthe 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 1.7-79 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 1.7-81 for wastewater service. The delivery of any instrument ofconveyance 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 ofthe foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. (Property Owner a ignature) P-J tAJ f2.- (L-3 L� —r Property Owner (Print Name) Date: BOARD OF PUBLIC WORKS r�APPROVr}L Gary A. Gilot, President Suzanna Fritzberg, Member ElizabethA.A. Maradik, Member Therese J. I)orau, Member' Jame A. Mueller, Member Date: STATE OF II.A*ir4 .,3 ) r� ) SS: , vy COUNTY OF S+4&SEPFI-) �1 txh i Before me, a Notary Public in and for said County and State, personallyf M appeared c w - and>d'acknowledged the execution ofthe foregoing Consent to Annexation as l}i�oluntary act and deed. , W1 ESS my hand and otarial Seal this Day of i_ ^S018. Y} P W n (Printed Name) A resident of My Commission Expires: