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Home My WebLink AboutConsent to Annexation - 52690, 52564, 25565 Common Eider Trail 25649, 25579 Scent Trail - Water-Sewer1316 COUNTY —CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Mr. Denny Miller Miller Builders 806 Green Pine Ct. Mishawaka, IN 46545 MACE i as x '18655 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 25, 2020 PHONE 574/235-9251 FAX 574/235-9171 RE: Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees: Dear Mr. Miller: The Board of Public Works approved and recorded the below referred to documents with the St. Joseph County Recorder's Office on February 25, 2020. 52690 Common Eider Trail Key No: 021-1038-061918 — Water/Sewer 52564 Common Eider Trail Key No: 021-1038-061913 — Water/Sewer 25565 Scent Trail Key No: 021-1036-059298 — Water/Sewer 25649 Scent Trail Key No: 021-1036-059292 — Water/Sewer 25579 Scent Trail Key No: 021-1036-059297 — Water/Sewer Copies are enclosed for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, • _..,� _. �.Y (GA_k4_7L Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR _ �l�tli�I��wI�N7fAIIIIIII X:4101807 2020-05228 Hold. Recorded copy for: Board of Public Works RECORDED AS PRESENTED ON 02/25/2D20 12:52 PM CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRAAARY BETH WISNIEWSKI AND ACKNOWLEDGMENT OF MISCELLANOUS CITY FEES Sr joSEPH couNTY In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city RECORDER Indiana, in order to provide sanitary sewer and/or water service to the following describedproperty,)ft ty MNduffiigeo on Property Owner 1 ur St. Joseph County, Indict/ a. (hereinafter referred o as a "Real Estate"), situated ter f � Property Address�'F~�� Tax ID/Key# Property Description Mailing Address C i 'A.v,T)r WATRR owners) of the Real Estate, (hereinafter "Owner"), for themsoves 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 orotherwise i¢ttcrtere with, or oppose any pending or'foure annexation ort'he Real Estate by the City of South Bend, In amber consideration and to induce the City of South Rend to alloy Owner to tap into the municipal utilities (Sevier sildlor lves and their c'a n hetC City Or South Bend the permanent right„end, Owner, for set the C ity's disci tion,to anners and xxihanlxeabE., la Erees state any futuretimelime I>y7dtnly auilhort2ed ordinance. Owner further agrees; Ihaa any deeds, contracts, or other instruments of conveyanee made by Owner, their successors or ass shall contain the waiver and release provisions contained herein., which previsions shall run with the land. igns Pursuant to Chapter ace 17, hrticln. r,s Belgians 17-79 and 17-80 of the Swath Bend Municipal Cade, Owner acknowledges and accepts the a Owns 0cknotion to pay' a wastewater and water system develaprnent charge based nn expected asage, Further, /Pie Owner acknnwledges and agrees. to pay the applicable surcharge established baser Chapter 17, Article 10, Section 17'-$'1 for wastewater service. The delivery of any instrument ofconveyance from the Owner to any successor, grantee, vendee or contract' purchaser is subject to the ¢cans oE't.his document and the acceptance of such instrument shall constitute an aeceptztnce of'thc foregoing provisions by said grantee, vendee, or contract purchase, and their successors in title. —. (Propeny, Owner I sign azure) —. Property Owner (Print Ivarere t@LAbJtE;gr/rr,,�,vr N4i �4 r.•�4s,GQAusi;" a m SFAL STATE Date:, S✓ („, STATE OF INDIANA BOARD OF PUBLIC WORKS APPROVAL Gary A Gila, Y, President n C:a-l4rrq, eni er Elizabeth A. araft, Member Therese 7aa. 17orau, A;Iernbe✓� r, "��i1 1`,:ls�.c{+�1'�fr1esreber Date:. _� ..✓;`� )c�%.:.:ilt::., COUNTY OF ST JOSEPH ) SS: Before me. a hdt.°iry lafie in appeared�1:1 t 5 ta and for said County and State, personally act and Annexation as his voluntary diced, t - ' - and he for the execution ofhe foregoing Consent to '. W11 NfSS my h d nd Notarial Se° i vs .r . Cs.._.._._Day of 2£HR` Si:�i"u��r ;up A resident of ' (Princes Name) My Commission Expires Irmdh tj-�1h_:i tll irthie__-ac�bJl re'.�.�'n csrLc, this �R,ipGjy S S3Uau '�ciu¢h 13- id l �l .a d, FCd17 S S�dL'YeclJ,fy law: �� a „) V 1.R.19 2020-05227 a."ORDED AS PRESENTFD ON 07 02125/2.020 12:52 PH MARY as H WISNIEWSKI sr. 30SEPH cone TV RECUROM Hold Recorded copy for: Board of Public Works PGS, I MUZ 25,00 CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OFMISCELLANOUS 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 I Miller Builders/Denny Miller Property Address 52564 Common Eider Trail, South Bend, IN Tax ID/Key 4 021-1038-061913 Property Description Lot 201 Au gustine Lake See I Mailing Address 805 Green Pine Ct., Mishawaka, IN 46545 r-7WA"LER WER owner(s) of the Real Estate, (hereinafter "Owner"), loo 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 aLtunsl or otherwiseinterfere with, or oppose any pending or future annexation ofthe Real Estate by the City QfSouth Bend. In further consideration and to induce the City of South Bend to allow OYner to tap 41110 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 t y authorized ordinance. d 11 Owner flusher agrees that any deeds, contracts, or other instruments of conveyance trade ivy Owner, their successors or assigns shall contain the waiver and release provisions contained here"', which Provisions Shull I'Llo with the, land. Pursuant to Chapter 17, Article 10, Sections 17-79 and 17-90 ofthe 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 histrument shall constitute an acceptance ofthe foregoing provisions by said grantee, vendee, (It Contract purchaser and their successors in title. (Property Owner I Sipature — 41L,vLl ��o Property Owner (Print Name) Via Date: Z 7 BOARD OF PUBLIC WORKS 7PRO AL Gary A. Gilot. President E1.11. ', �1.1., Memfacr Date: STATE OF INDIANA ) SS: COUNTY OF ST JOSEPH Before a" NotPublic in and for said County and State, personally appeared & - " -L-5- -1. _ and he Acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. NVI - �SS my lot cl d N 'a] S this ---Z .—Dayof 40+�- 9o/I J0S,9#A A resident of 61-e (Printed Name) My Commission Expires: cliu_aNtac, bg - haqkk,. tgnso, kU _0 T & Eii-In siaL--L _jg1-Sg A auti MIL MI= 8 1 6 3 7 3 8 lx�4101807 Hold Recorded copy for: Board of Public Works 2020-05226 *RECORDED AS PRESENTED ON 02/25/2020 12:52 PM CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRAARY SETN WISAREWSKI AND ACKNOWLEDGMENT OF MISCELLANOUS CITY FEES ST. IOSEPH COUNTY REC'ORDER In consideration for Permission to tap into the municipal utility system (water and/or sewer) of the city M&VjE8eAfi,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 ?X1 Property Address Tax ID/Key # Property Description Mailing Address 4 ic,, j 7— t(", L 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 hercallcr have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation ofthe Real Estate by the City of South Bond. 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 OfSoull Bend, Owner, for themselves and their Successors; and assigns, agrees and stipulates irrevocably to vest "I the City Of South. Bend the permanent right, at the Cily's discrelfon, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments OfQ01INCYance Inner by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall TV,, 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. to the terms ofthis document and the acceptance ofsuch instrument shall consti The delivery ofany instrument Ofconveyance from the Owner to any successor, grantee, vendee or contract purchaser issubjeet by said grantee, vendee, or contract Purchaser and their successors in title. rule an acceptance ofthe foregoing provisions (Property Owner I sign.;urcj Ai e �11e, i PmPcOY Owner (Pdnl N—C) sull BOARD OF PUBLIC WORKS APPROVAL I �AG t 'ltV Je; omhcr Member fA Dale; Date: STATE OF INDIANA COUNTY OF ST JOSEPH j SS: Before me, a Nonary Public I. and for appemd_tA1,n-,o.,.s b said County and and he acknowledged State, personally Annexation , his 'Zatli; aet and deed. the "motion of the foregoing Consent to W N ES I �my ' taujai Seat th, Nolareal Seal �,12� Day of -4fA-j—,2R< A- A resident of (Printed Ninon) My Commission Expires: k -bl, car, to,�,&, 21d tnA RAYL—Mnroqwrm Wu- .1" u4. tie, L D,f Itt,se V 1.8.19 �� 0 11 220-05225 kt�tQRVED AS PREsENTED ON 8 1 6 3 7 3 -, aZl2sr2UZO 12;52 PK Tx:4101807 i4AR I SETH sw siren St. JOSEPH COUNMTIP RLCO laur Hold Recorded copy for: Board of Public Works ms" FEEI, a5 00 CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF MISCELLANOUS CITY FEES In con,idcratiORI 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 -e 4/,v i Property Address Tax ID/Key Property Description Mailing Address /V '7 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 whiell 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 Scull, 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 Full with tile 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. Ifle OctivcrY of any instrument orcoaveyallce from the Owner to any SUCCCSSOT', grantee, vendee or contract Purchaser is subject to the terms ofthis document and the acceptance of'such instrument shall constitute an acceptance of the foregoing provisions by said. ,grantee, vendee, or contract Purchaser and their SUCCeisUrS in title. --- V& W14 (Property Owner T Signature) be /,,'k I <, . A Property Owner (Print Name) WELA ante z zs F Dale: -------- BOARD OF PUBLIC WORKS APPROVAL Gary A. Gilwat, President ` Men �bor Men ik aradik, M ber Date: STATE OF INDIANA ) SS. COUNTY OF ST JOSEPH I Before me, a Notary Public in and for appeared bcwsaid County and myr 0 -dhc State, personally acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and dead. INII SS my hall4 and Notarial An$ 2 Day f_4!L._ 2 A resident of (PIcAod N..,,,) MY Commission Expires: fol-itsual—I flul rlzwg qak,,r —'" bi K-rmv- ag I -mimimd-ky law - It e s2z Se V 1.8.19 2020-05224 6 1 6 3 7 I'll°;11I91IIIIll"' S RECOPOrD AS PPESENTED ON TX�410180a 012125/207.0 t2!52. PM MARY Orr" ssXsNjeWSKj Sr- JOSEPH COUNTY t Hold Recorded copy for: Board of Public Works Rrsra PC ZO25.00 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 I MILLER FAMILY IRREVOCABLE TRUST MALCOLM J. - rUESLEY,TRUSTEE Property Address 25579 SCENT South Bend'., 46��2�� Tax ID/Key # 021-1036-059297 Property Description Lot 431 Fox Run See 7 Pt 4 NP#8812 9-15-05 Mailing Address 806 Green Pine CtMishawaka, IN 46545 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 &iccesscrs and "Signs, agrees and stipulates irrevocably to vest in the City of South Bend the Permanent right, at the City's discretion, to armes'ihe Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made b Owner, their successors or assigns shall contain the waiver and release provisions, con rained herein, Which provisions sbalI i y 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 ofany 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 of the foregoing prm isiom by said grantee, vendee, or contract purchaser and their successors in title. property Owner (print Name) 0 ARM LESHM MWARDS NN", Notary Public APAWMolSt. Joseph CouV, N � My Cofnwian EVm 07/1,IV2M E 9 BOARD OF PUBLIC WORKS APPROVAL Gary A (Jilcr p resident V, 411, inbe, Eli etI A. Maradi Me, Date: Q27 STATE OF INDJANA ) sst COUNTY OF ST JOSEPH ) Before 're, a Notary Public in appeared Dmis Dmtlia and for said County and State, personally d he acknowledged the execution of the foregoing Consent to Anne. an. n as his fin tary -act and deed. - - — -- an Wf �,ESS myanir h d'at. , I sea] h, 'aIr ..Y of R ft �Iynjq6 A resident of (Priwi tq.) MY Commission Expires: b.1v �&V_r nn A). edw t g4 QK1M1b.. lb—_1 LNnd_wjmva 4f6(ijE &e Ouse V 1.8.19