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HomeMy WebLinkAbout#1734- Deed; CONSENT TO ANNEXATION1154 Co����� d4l�-Alb" Gc,�, 953 83 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. Oa dlsJ 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. w Ln W m o r� a • ��' Can � u� IL. I Provisions by said grantee, vendee, or contract purchaser and their successors in title. BY J Print Name • 7�t= i 'I:� STArP17' OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) 1, ��..1 c , a Notary public in and for said county, in the state aforesaid, DO HEREBY CERTIFY THAT C i personally known to me to be the same rson 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. C Given under my hand and official seal this the / 3 day of 199 My Commission Expires: NOTARY PU^uC S: ST. !C fir: H r•ou"i 's •. �r... NOT PUBLIC .a This instrument was prepared by Anne Bruneel, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. C:\docs\Consent.f= LEGAL DESCRIPTION JEFFREY S. MADER SOUTH BEND, INDIANA Lots Numbered Eight (8), Nine (9) and Ten (10) as shown on the recorded Plat of Dugdale Acres First Addition recorded June 12, 1946, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 16, Page "D". EXCEPTING THEREFROM: A part of Lot 10 in Dugdale Acres, First Addition, a Subdivision in the West Half of the Northeast Quarter of Section 32, Township 38 North, Range 3 East, St. Joseph County, the Plat of which subdivision is recorded in Plat Book 16, Page "D", in the office of the Recorder of St. Joseph County, Indiana, described as follows: Commencing at the Northeast corner of said Lot; thence North 75 degrees 40 minutes 36 seconds West 69.81 feet along the Northeastern line of said lot to the Southeastern boundary of the intersection of McErlain Street and Edwardsburg Highway, S.R. 23; thence South 53 degrees 42 minutes 33 seconds West 45.98 feet along the boundary of the intersection of said McErlain Street and said Edwardsburg Highway, S.R. 23 to the point of beginning of this description; thence South 20 degrees 46 minutes 24 seconds West 111.42 feet; thence South 69 degrees 13 minutes 36 seconds East 35.00 feet; thence South 20 degrees 46 minutes 24 seconds West 52.67 feet to the Southwestern line of said Lot and the center line of Juday Creek; thence North 69 degrees 07 minutes 49 seconds West 40.00 feet along said Southwestern line and said center line to the Southeastern boundary of Edwardsburg Highway, S.R. 23; thence North 20 degrees 46 minutes 24 seconds Fast 156.30 feet along the boundary of said Edwardsburg Highway, S.R. 23 to the Southeastern boundary of the intersection of said Edwardsburg Highway, S.R. 23 and McErlain Street; thence North 53 degrees 42 minutes 33 second East 9.20 feet along the boundary of the intersection of said Edwardsburg Highway, S.R. 23 and said McErlain Street to the point of beginning. FUH N� OCT Pill FILFF, ej YJ Ala r7l