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Home My WebLink AboutConsent to Annexation - 20260 Kiefer Way & 51789 Hannigan Dr.131f) COUNTY—(-)ITY BUILDING �' �?j °°��ia r` PHONE 574/ 235-9251 J� -� 227 W. JEFFERSON BOULEVARD 1 kW k f FAX 574/ 235-9171 SOIJTH BFND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDF PUBLIC WORKS November 12, 2019 Ann Wright Westview Capital LLC 2186 E Center Portage, MI 49002 RE: Consents to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees — Water and Sewer Dear Ms. Wright: The Board of Public Works approved and recorded the below referred to documents with the St. Joseph County Recorder's Office on November 12, 2019. A. 20260 Kiefer Way — Key No: 002-1004-008001 B. 51789 Hannigan Dr. — Key No: 002-1004-008054 Copies are enclosed for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, AA m N, f Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU r� o —Cc) t— cn -4- cr) ..�.� CD cn X i-- 2019-29918 RECORDED AS PRESENTED ON 11/14/2019 09:45 AM MARY BETH WISNIEWSKI Hold Recorded copy for: Board of Public Works Si, JOSEPH COUNTY RECORDER CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE PGS: 1 FEES: 25.00 AND ACKNOWLEDGMENT OF MISCELLANOUS CITY 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 Tax ID/Key # Property Description Mailing Address PortagLiWe1"f@ 41,1M1 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 t7w+rvter 14o)ya a } Ann Wright for Westview Cop tad, LLC Property Owner (Print Name) BOARD OF PUBLIC %YORK rti.PPRO NU. Gary A. Gilot, N slida:rtt a Gen+°k+i01— �et„ k10 ��beT _��....... ...._ d a it„twC truCaea Ir�x sr" J )t a rra„ Rvq<ura ae r �� ra 1. aJ �ut9li�tiau, F�leaarltwr�t ........ Ielaw'" 9J201I9 '� i." .�. ........................ ....�.......... ............. I)ipt1.: COUNTY 01 ) l 4,01e uwrc re Notary tauhha ill ood fix, Mild am'atanty 'Ind Slaw, pa sot'utlly ripropserared i� and Nra; tuw.iau'u�av�la°a.Itaaal tiac x cartiaan ra I'tlra^ 4t a troo¢nt, t,'aamrsv nt taa or �� ' NB , �,, tr',yr �,attbCrrcrcalratrrdrtYu�y aua strl <iiw�al My arrt otrarial Sc�A this ..... &day' Z0% VICky I CA"Nil pfn °rgrvaa,reI (Pro wW Nome) Cxwr4y of Aldogan AaeWoltof My F"xiAr s 11-19-2020 dC l Ay aJ( _.,...... v"vgy t"aaratrnia^aaoaw 1:+,I,rit�e�� -- 1 C.d`itat�tiairlai tN�tsmnlltrsn...ihf-In6t yt thm,Itrw»wstlimal wMn vratYatttn laat uats.IwuJ.. v°run et_auslll trrarsatiti.ea,t!.a�rlaw: 1"Cui�_ataihttwrvrtrrtwuw.taa�stsntrafJA�_v39nwvlt�ttu.__D.±slRv�fl"t":dt�..A9"t±dt°ataa"...V7taivt�,taustlyr,�o,9yFvtaidmB.isrrr,.��s!+�V]tJ��Nrrl.Urtslr��w.=9.aa¢frall: L 1 bf vat, V 1,8,19 ca � ce) 00 x 2019-29917 RECORDED AS PRESENTED ON 11114/2019 09:45 AM MARY 13ETH WISNIEWSKI Hold Recorded copy for: Board of Public Works ST. JOSEPH COUNTY CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE RECORDER AND ACKNOWLEDGMENT OF MISCELLANOUS CITY FEES PGS: 1 FEES: 25.00 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 Tax ID/Key # Property Description Mailing Address Westview Capital, LLC ...._...... r "eroi9uul)e-__ 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, BOARD OF PUBLIC NN t11 S " Allllt�l �1,,{ (Property i w wrr t S �y inve) Gary A, Gdot, PV fa9 stE �_....._ Ann Wright for Westview Capital, LLC . Property..�_W.. Owner (Print Name) ILI'AmbeMAi'lle.rb M7bitu°ea zero -------- tlaui e� Bkrraair,MvnNllam __ ,auraw L, O Snlliw^ in, McnAnt 9/20/19 Dates fj t -2 ,. "ia J t� r .....�............. � Date: � STATE OF 10 M+t7", „ dM COUNTY OF ST JI,;kM9 ) - t,, ....._ t 1 Before m , aw Notary Public m and for said Countyand Sure, owonA appeared � "�^'^� and be acknowledged the execution oftluw° tl°Fac rrirr 4'rwror�crut uiro Aiurotrwmtian as his voluntary act and a l la2;gTflatandSeal this �_ .,,,,_l;�xry ot.,ro Vick 'J. Chapin Notary Public, State of Michigan A resident of (,�,4:, .tnty of Allegan ��tlon (Printed Name) My Commission Expires: Expires 11-19-2020 c +a llatiias vl.s,a.rfrwrwlats,,amiwtt.uvsLrysLwF7cJts.l.Fr° wvt.adu.nY,rs wnr_tlus,. air°tbL,ura;N.rrtcrutarorrrt.lrIrrw;; 11 rutr nrralw°r 21stia.Nrfktbtws k"ritl swir+r.lgrnq 9lo-afitr,tron�iroirrrotwwrmwarrrtarotrs9_f�a"elaM6wni IIzRt+>«v �tr�ttvvnrocs+�...1,�.tsrraia,t��t.r�'t9rori.&rodirra�Strtittlwl4sxiwi.taaro@oras�9l"�<will, �,, V18,19