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HomeMy WebLinkAbout#3393- Deed; Annexation- Property Located on South Side of Dunn Road between Willis and Burdette Streets, A part of the SE Quarter of Sec 31, Twp 38N R 3E Clay TownshipHold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER OF RIMIT TO REMONs'rRATE RECORDER AND ACKNOWLEDGMENT OFCITY COMPACTFEES PGS: 1 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. 3 7 3 1314373 RECORDED AS PRESENTED ON 05/14/2013 02:13:22PM PHILLIP G. DOTSON ST. JOSEPH COUNTY Property Owner 1 -1 rhomas L., I Property Owner 2 Property Address Dunn Place, LLC, PO Box 6397, South Bend, IN 46660 Key it 002-1106-5343 Property Description Property located on S side of Durin Road between Willis and Burdette Streets, A _Ra� of the S(Inhcast Quarter ofSec 31,T% 36 N, K .1 t, Clay I Wp St JoSelill Co. -- Mailing Address Same !I VVA TPk ET S k —NVE R Thomas L. Trogger. Dunn Place, l, .1,C, owner(s) of the Real Estate, (heroinaftcr "Owner"). for themselves and their successors in title, assigns, and personal representalives, 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 Dead to allow Owner to tap into the municipal utilities (sewer and/or water) of the City of South Bend, Owner, for themselves and their successor., 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, contract,;, or other instrument- of conveyance made by Owner,, their successors or assigns ssigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner Further acknowledges and accepts the Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St.. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates. The delivery of any instrument of conveyance front 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 AI PUBLIC WORKS APPROVAL (Property Owner I siprdt� Presidqnt ' ..efmril�5VI Thomas L. Trocgq, Dunn Place, LLC (Propeny Owner I Printcd Name) R6165�s -t— Owncr 2 Siirmitinc) (Pro"y 0.ner 2 Printed Name) KMih E goM 081 crab -.r A//// MwhacfC.'V1cvharn —,, Kk W. Neal — Date: 511,1113 STATE OF INDIANA ) SS: COUNTY OF ST JOSEPH ) Before ine, a Notary Public in :and for said County and State, personally appeared Thomas 1�,_1_rckeJXqr, Diann Place. LLC and they acknowledged the execution of the foregoiv Consent to Annexation as their voluntary act and dccd. WtTNESS ray hand and Notarial Seat this 4 Day of-4c-0�— 20 A idLnt of J'r)CL11V My Commission Expires. 4 •ate St. j0^13h CCU* Skft of M&M My Comm by "18/2020 Comm #634709, $12.00 1316 COUNTY -CITY BUILDING 227 W. JEFrERSoN BOULEVARD SOUTii BEND, INDIANA 46601-1830 CITY Of SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS May 14,2013 Mr. Thornas Troeger Dunn Place, LLC PO Box 6397 South Bend, Indiana 46660 RE: Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees — Water and Sewer Key No: 002-1106-5343 Dear Mr. Troeger: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works approved and recorded the abo\,e referred to document with the St. Joseph County Recorder's Office on May 14, 2013. A copy is enclosed for your records. If you have any further questions regarding this matter, please call this office at (574) 23 5-925 1. Sincerely, Linda M. Martin, Clerk Enclosure GARY A GILOT DONALD E. INKS KAT14RYN E. Roos MICHAEL C. MECHAM MARK W. NEAL