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HomeMy WebLinkAbout#1709- Deed; CONSENT TO ANNEXATION110 4-'G�-iG-tick ek� 4 0,,—,�-D1cl--0qt.3 9533805 Hold for: South Bend Board of Public Works :. Room 1308, County -City Building South Bend, Indiana 46601 f'. CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE r` In consideration for permission to connect to the public water main of the City of South Bend, Indiana, to provide water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, i Indiana: Key Nos. 0 Q See Exhibit A owner of the Real Estate, (hereinafter "Owner"), for itself and its successors in title and assigns, waives and releases any and all right which it may now or hereafter have to remonstrate against or otherwise object to, 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 public water main of the City of South Bend, Owner, for itself and its successors and assigns, agrees hereby 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, its successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. k n ' CD .. Cn u `_ .0 ^1'. J WJ F--+ J C.5 Vi U- P'PPPPPP_ 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. By Pr STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) I, -,e -4 i «.�i,';•n c , a Notary public in and for said county, in he state aforesaid, DO HEREBY CERTIFY THAT ►�cr� �,,, Z - 4-0,,.;1, 14,.,,'l ,ch� personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he executed the foregoing instrument as h free and voluntary act and deed for the issues and purposes tH—erein contained. Given under my hand and official seal this the day0f,�r`,1`,:� X/ NO APUBLIC My Commission Expires. j JL1 �� idt i i-VJ7!' I'N ; FL7l.L3C M'z1"t....r ,r_,� t; ��J ',`_ •, This instrument was prepare y ne re ztant City Attorney, 1400 County -City Buil ng, South Bend, IN 46601. C:\docs\Consent.frm CT OCT I J ti 37 Pig s�. FILE ;:ORD .�S06�a,•�at Hold for: South Bend Board of Public Works Room 1308, County -City Building South Bend, Indiana 46601 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE In consideration for permission to connect to the public water main of the City of South Bend, Indiana, to provide water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key Nos. v a polo, See See Exhibit A owner of the Real Estate, (hereinafter "Owner"), for itself and its successors in title and assigns, waives and releases any and all right which it may now or hereafter have to remonstrate against or otherwise object to, 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 public water main of the City of South Bend, Owner, for itself and its successors and assigns, agrees hereby 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 instruments of conveyance assigns shall contain the } heroin, which provisions Cti'3 .J 1JJ 1 u) li. O that any deeds, contracts, or other made by Owner, its successors or waiver and release provisions contained shall run with the land. Z �E--ry of any instrument of successor, Conveyance frpm Lr1E .nUrnc, �1raf] f ..P . vPnrlac nr nn,�; ._ 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. EDAM fii' PHJJ� WORKS STATE OF INDIANA COUNTY OF ST. JOSEPH ) SS: By 1�e � i 1 -- A Print Name: gi L ► 1UTAI) AU / big( I, Su.[ ie_ , a Notary public in and for said county, in the state aforesaid, DO HEREBY CERTIFY THAT ,na_la!Z•w 1Z. ih��,�, _j Inc°v/ personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he executed the foregoing instrument as h free and voluntary act and deed for the issues and purposes tHerein contained. Given,under my hand and official seal this the j3 day of My Commissi? moires jUL1i A iV 1lt'�C' r• 1f,1D!ANA t.f4l:t:i �tr.—� a7 _p'( .5.oit 1'•5ii�T 18,1998 4 BOARD 0- pltf)°dP; 001 0 2 IG;SS . i. This instrument was prepared --ariae�_�uneel, .. 3sistant City Attorney, 1400 County -City Bui._dizg, - ,SQ,utn. Bend,.._ IN 46601. C:\docs\Ccnsent.frm This instrument was prepared --ariae�_�uneel, .. 3sistant City Attorney, 1400 County -City Bui._dizg, - ,SQ,utn. Bend,.._ IN 46601. C:\docs\Ccnsent.frm 9531LI)ABOG FILE W, u. -NCH R D q / .y � ,v ZT 2 i �_ r �✓ tt 4 a� tt Iva Da AIM ti , S?.kjF- FRANCES MARIE HAGEY, single and of adult age, and ZAR HAGEY and CHRISTINE M. HAGEY, Husband and wife. Taxing Unit.• .r... BOOK Eb$ PAGE 4$2 St. Joseph � iMy,,�l��tG��� Indiana DONALD R. ANTHONY and RUTH ANN ANTHONY, Husband and wife. St. Joseph r !/ Tndi their One Dollar ($1.00) and other valuable considerati St. Joseph Indiana Allm'.Gl: rU,orriiciir/ A lot or parcel of land in the North Half of the North East quarter of the South East quarter of Section No. 29, Township No. 38 North, Range No. 3 East, described as follows, viz: Beginning at a point 264.5 feet West of the North East corner of the South half of the North half of the North East quarter of the South East quarter of said Section No. 29; thence North 12 feet, more or less, to the Southerly line of the Indiana East-West Toll Road Right -of -Way; thence West along said line, 156 feet; thence South 312 feet, more or less, to the North line of Linda Street (formerly Second Street) as shown on the Hagey Linda Plat, as recorded in Plat Book 12, page 142 of the Records of the Recorder of St. Joseph County, Indiana; thence East 196.15 feet to the Northwesterly line of State Road 23 as now established;thence Northeasterly along said Northwesterly line 158.9 feet; thence Northwesterly at an angle of 90 degrees from said State Road 23, a distance of 190.9 feet; thence North 55.6 feet to the place of beginning, containing 1.61 acres, more or less, and being Lot No. 2 in the proposed Plat of Linda Vista. Subject to the right of the State of Indiana to use a small triXangle at the South East corner of the above described Lot for highway purposes. Subject to conditions, restrictions and easements affecting said premises as the same appear of record. Subject to the second installment of taxes for the year 1964 payable in November, 1965, and all subsequent taxes and all of which the grantees herein assume and agree to pay. U l k J Cr l a7 1 !i t1 1[rFR��� V themselves, their ('1r'-y they are le, I ve fJ;CU/'/,�'elr i;7.�f/,I/,i Z/`r'I I/%,Me1'K/i�/y��",f//�f�,l�l�l,Lfi��O/�%1;/.%1(1// ✓��I"�f� ,,,��/��f•�>c'�IJ� �y/2UCr�"P/ i "r�,�/ i� J�i�,�,�ll/,�i G'fl. ��I J�'ra� CN/iiri�I,G�,>��rir/ they f! j�I�It�'�S�SI�ZI.'l'G'�����,�ldrr.�i.�i�rrar�yr� S ;Crfa��f/,rx•rr.�r�,rr�,r�r�ve �' Jrl7•r'(r7r%i;:�f f their ;i��i2i/�vG%�rrr(s..L/2�6� 22nd. C/.lirtf September65 • t c - n -are ag L.S. - - -- -�} -- .- _ T.. S. c j7 a 11af., L.S. t Christine M. Hage � L.S.. L.S. t L.S. _ _- --- - L.S. -- -- — ----- L.S. _ — r, C,_'- ��, I-S. Z :. rr - __- L.S. L.S. — — --- — L.S. - ----- "i L.S. eft — — -- - - --. L.S. -- ---,." ---- c ---� I,.S.un 1 G' 'c Of. L FRANCES MARIE HAGEY, single and of adult age, and ZAR HAGEY and CHRISTINE M. HAGEY, Husband and wife. BOOK 668 i1,ir, 483 c �,Cr�i•ict,,nr^fr�i2t.)rr���r(17r�i('.7`�r./,rr/i�I�P�.1;l�1��� .G >� ANTHONY P. SERGA Nola; uG- r2 .Z ,<�r//� September /.%65. t' My Commission Expires h"arYh a i'Q 1�! / C I� i =s JQ6 his-instrument-was Ireparedohn ..t.. y A A n„ r] llua.t, ;- Bills to: I��)�;; r F I L 7 D o i Auc 2C iz f5 A� Marrantij Bra r4is Anbit"tiur 194ftltjPsset4, That First Interstate N.A. Return to: o c 7' I ra n ster Taxing Unit Bawe _ CONVEY AND WARRANT to Donald R. Anthony and Ruth Ann Anthony, husband and wife of St. Joseph County in the State of Indiana their heirs and assigns for the sum of one Dollar ( si . o o ) and other valuable considerations the following REAL ESTATE situate in St. Joseph County, in the State of Indiana to -wit: PARCEL 1 A lot or parcel of land in the South One-half (�) of the North One-half (�) of the North East Quarter of the Southeast Quarter of Section No. Twenty-nine (29), Township No. Thirty-eight (38) North, Range No. Three (3) East, described as follows, viz: Beginning on the East line of said Section No. 29 at a point 990.8 feet North of the Southeast corner of the Northeast Quarter of the Southeast Quarter of said Section No. 29; running thence South along the East line of said Section a distance of 50.86 feet to the Northwesterly right -of --way line of State Road #23, as now established; thence Southwesterly along the Northwesterly right-of-way line of said State Road #23, as now established, a distance of 179.35 feet; thence in a Northwesterly direction at an angle of 90 degrees from said right-of-wav line, a distance of 190.9 feet; thence North 55.6 feet; thence East 264.5 feet to the place of beginning. PARCEL 2 The East 264.5 feet of a tract of land described as follows: All that part of the South Half (k) of the North Half (') of the North Half of the Northeast Quarter of the Southeast Quarter of Section 29, Township 38 North, Range 3 East, which lies Southerly of a line which is parallel with and 150 feet Southerly, measured at right angles, from the centerline of the Indiana East-West Toll Road (a centerline survey map of which is on file in the Office of the Recorder of St. Joseph County, Indiana). PARCEL 3 A part of the Southwest Quarter of Section Twenty-eight (28), Township Thirty-eight (38) North, Range Three (3) East, described as follows, viz: Beginning at a point on the West line of said Quarter section 427 feet Southerly of the Northwest corner thereof, said point being in the centerline of the Edwardsburg Highway (State Road No. 23); thence North 44 degrees 10 minutes East, 163 feet, more or less, along the centerline of said road to a point 150 feet Southerly of, measured at right angles, to the centerline of the Indiana East-West Toll Road (a centerline survey map of which is on file in the Office of the Recorder of St. Joseph County, Indiana); thence South 89 degrees 17 minutes 57 seconds West, 112 Feet, more or less, to the West line of said Quarter section; thence Southerly, along said Quarter section line, 118 feet, more or less, to the place of beginning. Subject to legal highways. _ �14� EF�ED FOR f AX A OUL EN CRONE ggVE4AUDI-VOR ST. JOSvpH CO. INDIANA Subject to the second installment of taxes for the year 1985 due in November, 1986 and all subsequent taxes, which the grantees herein assume and agree to pay. Subject to restrictions and easements of record. �i�c�tir�Fa( s IN WITNESS WHEREOF, the said grantor above named has hereunto set i t s hand and seal this x, day of /7,.,�.r A.D.,19 8 6 S First Interstate Bank of S. Northern Indiana, N.A. S . S. L. S S. Attest: M rk L. eman, By: o ert A ,In ley Vice President Vice President s . s. STATE OF INDIANA, ST. JOSEPH COUNTY, SS: Before me, the undersigned, a Notary Public in and for said County, came First Interstate Bank of Northern Indiana, and Mark L. Laudeman, personally known Presidents of said Corporation. and acknowledged the execution of the above deep WITNESS my hand and Notarial Seal, this My Commission Expires - ° 5- 1912 This instrument was prepared by A reside N.A., by Robert A. Binkley to me to be the Vice