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HomeMy WebLinkAboutConsent to Annexation - 52604 East Trail1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOT JTH BEND_ INDIANA 46601-1 830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAY BOARD PUBLIC t December 10, 2019 Mr. Frank Donahue F & L Construction 57517 Oakside Dr. Mishawaka, IN 46544 RE: Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees — 52604 East Trail Key No: 021-1036-059308 — Water/Sewer Dear Mr. Donahue: PHONE 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 December 10, 2019. 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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU 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) 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 1 Property Address Tax ID/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, 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 l Signature,) Property Owner (Print Name) hate; BOARD OF PUBLIC WORDS APPROVAL 4GA.Gtlo¢„°'residwtttt ('icttc'txic c E. Miller , ember Elirabcth A Mdradik Member r Thcr se J lrarair, Member Laura L. O'Sullivan, Member Date: l'/aZo/ STATE OF INDIANA ) ) SS: COUNTY OF ST JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared ._k and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. ESS tray hand andNotarial Seal is �.... .ww Day of "- dQow. (Signature) A resident of (Printed Name) My Commission Expires: 9 Z>]t— % ZG ta�ctrrt(aa acicz'a i terd9�urw�tlftwrc S have„l a rr r� I lc try r b t azut eae 4cvc i ?� a y Ctu�n er irm thr. rtuuunt t_t nWM rtaw:Lthtldr!ltti�u8_