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HomeMy WebLinkAbout#1724- Deed; CONSENT TO ANNEXATION11a� ( ) a\ - c� /,S- '-? - qAly" Hold for: r 9533823 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. 02-2157-7494 Lot Numbered Nineteen (19) as shown on the recorded plat of Dugdale Acres, Second Addition, in St. Joseph County, Indiana, located in the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty-two (32), Township Thirty --eight (38) North, Range Three (3) East. 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 herein, which provisions S Li J [J Ep that any deeds, contracts, or other made by Owner, its successors or waiver and release provisions contained shall run with the land. 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. S7 SS: COUNTY OF ST. JOSEPH M Print Name: I, o L-(. gmb)e-, a Notary public in and for said county, in the state aforesaid, DO HEREBY CERTIFY THAT -JCAnVS V. LUO.ZVnS j 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. iven under my hand and official seal this the i�'qh day of 1995. NOTARY PUBLIC My Commission Tres: This instrument was prepared by Anne Bruneel, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. C:\dots\Consent.frm 9532IS23 FILE NO. _------- y.r��:. OCT I U 3 38 PH '95 FILEf0 R D -= 9533824 Hold for: South Bend Board of Public Works Room 1308, County -City Building ;'.._ South Bend, Indiana 46601 j 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. 02-2157-7494 Lot Numbered Nineteen (19) as shown on the recorded plat of Dugdale Acres, Second Addition, in St. Joseph County, Indiana, located in the Northwest Quarter (1/4) of the Northeast Quarter (1/4) of Section Thirty-two (32), Township Thirty-eight (38) North, Range Three (3) East, 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 ass 'gns shall contain the hetuin, rich provisions Cr: LA_ that any deeds, contracts, or other made by Owner, its successors or waiver and release provisions contained shall run with the land. of e from ner to The delivery of any instrument vendee or contractcpurchasereiOwsubject any successor, grantee, vendof such to the terms of this documentaadcepanceeofathe foregoing instrument shall constitute anor contract purchaser and ntee vendee, provisions by said gra their successors in title. ate,. _ ,._.• �n STATE OF INDIANA 11n,4 �HCu� s. Lutz yrus r By 5 4 L rz ,-fn 4 P ni-��----- SS: COUNTY OF ST. JOSEPH 1 a Notary Public in and for said I, �� ` • `Q ` DO HEREBY CERTIFY THAT county► 1n the state aforesaid, ersonally known to me to be the {� �x° I -A- p , oing instrument, ,pc,�iel,e erson and acknowledged that he same person whose namesldasubncpibed to the foreg voluntary act �Dr appeared before me this instrument ash free and yuw 5- executed the foregoing m�"� deed for the issues and purposes Herein containe - L'ocZyr6P and d J3 day of official seal this the rr Gs his �n f� �� hand and rN`A- Given under my 19915- . My Commission Expires: )ULI.. E ANC CO'.iiq'yy * +cSidP•I fi%�'• SF.1' C 13,1993 PviY CO,e.r.+... This instrument was prepared Anne Attorney, 1400 County -City Buitding► C:\dots\Consent.frm Bruneel, Assistant City South Bend, IN 46601• FILE NG. _.. OCT l d . 38 Pli '95 FILED -�FURD c `� 41�2 l�'.a 1I I POWER OF ATTORNEY I, MATTHEW S. LUCZYNSKI, of St. Joseph County, State of Indiana, do hereby designate DANIEL R. LUCZYNSKI, of St. Joseph County, State of Indiana, my true and lawful attorney in fact, or agent to have the following powers: to make, draw and indorse promissory notes, checks or bills of exchange and to waive demand, presentment, protest, notice of protest, and notice of non-payment of all such instruments. to make and execute any and all contracts; to purchase, sell, dispose of, assign and pledge notes, stocks bonds and securities and to exercise such voting rights as my ownership of any notes. stocks, bonds and securities may entitle me, either in person or by proxy; to represent me in all matters pertaining to the business of any corporation in which I may have any interest; to receive and to demand all sums of money, debts, dues, accounts, bequests, interest, dividends, and demands whatsoever which are now or shall hereafter become due or payable to me and to compromise or discharge the same; to bargain for, contract concerning, buy, sell, mortgage and in any and every way and manner deal with personal property of any kind or nature; to execute instruments to effect the transfer of title to any motor vehicle owned by me; to execute and file tax returns; to purchase, sell, mortgage, convey and lease any interest in real estate, wherever located, of which I may be owner now or hereafter; to conduct and transact any and all lawful business of whatever nature or kind for me, in my behalf, and in my name; and I hereby ratify and confirm all that my said attorney in "r agent chaff wz:; by If DANIEL R. LUCZYNSKI is incapaciated or for any reason does not so act as my true and lawful attorney in fact, or agent, then I appoint JAMES V. LUCZYNSKI as his successor to act as my true and lawful attorney in fact, or agent. In the event that JAMES V. LUCZYNSKI is incapacitated or for any reason does not so act as successor to DANIEL R. LUCZYNSKI as my true and lawful attorney in fact, or agent, I appoint ERIN L. BRAMLETT as his successor to act as my true and lawful attorney in fact, or agent. I hereby reserve the right of revocation; however, the Powers conferred by me herein shall not be affected should I become incompetent subsequent to the execution of this instrument. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of January, 19g7.. cu .� . OF INDIANA MATTHEW . LUCZY I STATE ) COUNTY OF ST. JOSEPH ) SS: Before me, a Notary Public in and for said County and State personally appeared MATTHEW S. LUCZYNSKI, who acknowledged the execution of the foregoing Power of Attorney. Witness my hand and Notarial Seal this 15th day of January, 1987. My Commission Expires: G V ILIPPEL 0, Not r Public 8-16-90 Residing in St. Joseph County This instrument was prepared by George V. Filippe.11o, Attorney at Law 204 West 3rd St., Mishawaka, Indiana(256-5003)