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HomeMy WebLinkAbout#1794- Deed; CONSENT TO ANNEXATION Shoemaker Sub-DollarLkGdn 59341 Mayflower RoadDeed Number: 1794 Key Number: 05-1035.045101 Lot No: 11 Subdivision : Shoemaker Sub/Dc Deed Number: 1794 Key Number: 05-1035-045101 Lot No: 12 Subdivision : Shoemaker Sub/DoIEarLkGdn LCI4. qcu✓&t4A— aHO1for: South Bend Board of Public Works Room 1308, Coun_fy­-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 ty of South Bend, Indiana, to provide water service to the following described operty, (hereinafter referred to as the "Real Estate"), situated in St. Joseph unty, .Indiana: Key NOS. 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. 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. .fi c� By 71 APPROVED r� in C3 Board of Public Works ri C, _`. nz= / U4 1rint N e�• ' "�' f .' `4- STATE OF INDIAN ) I rr�7^ n COUNTY OF ST. JOSEPH ) C�(;(�,/� ,'•;�.�•.•.�-'j. I, �, JT�tt�s, wSAN Tp�� a Notary public in and for said county, in the state aforesaid, DO HEREBY CERTIFY THAT 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 they/he/she executed the foregoing instrument as their/his/her free and voluntary act and deed for the issues and purposes therein contained. Given under my hand and official seal this the N day of A�1 , 19 9�n . •�01 K • My Commission Expires: This instrument was prepared by Anne Bruneel, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. C:\docs\Consent,frm ,4i[ Tax Statements to: WATERFIELD MTG. , 200 E. BERRY South Bend, IN 46614 FT. WAYNE, IN 46802 Key No. 05-1035--045101 rtcturn to WATERFIELD MTG., P.O-BOX 600, SO. BEND, IN 46624 WWARRANT'y DtED "OSEPH TITLE CORP. . N � i J�td pert urge itr�� �e :That --- TOHN M. _DEITSCH - - - - — — -- •-ranster—?'l .__---------- ---•— ---••- ----------------------------------------------------------------------------die. --- - f St: Joseph _— County, and State of Indiana CONVEY AND WARRANT -� DAV ID 'R . WHITE SEL of St. Jose h --_ --_ — County, and State of Indiana for and inconsideration of _.--Ten Dollars and other valuable consideration Dix the receipt whereof is hereby acknowledged the following described REAL ESTATE in .—._St. -JOSeph — _ County, in the State of Indiana, to--ait-------------------------- ------ -__--------_.._.____.__._-.---.---.----• ----- For legal description see Exhibit "A" attached. Subject to all unpaid taxes for the year 1988, payable in 1989 and taxes for all subsequent years. Subject to covenants, restrictions and easements of record. Subject to a mortgage from John M. Deitsch, of adult age to Tower Federal Savings and Loan Association, dated June 16, 1979 and recorded June 19, 1979 as Document Number 7912508 in the Office of the Recorder of St. Joseph County, Indiana. Subject to a mortgage from John M. Deitsch to Teachers Credit Union, dated April 27, 1988 and recorded May 12, 1988 as Document Number 8811915 in the Office of the Recorder of St. Joseph County, Indiana. IN WITNESS WHEREOF, The said .DULY ENTL ;Gig f-vr; BEVEr LY D. CRCN= AUDIT OR 'ST. JOSEPH CU. iN IANA JOHN M. DEITSCH Ha. s - hereunto set.h i s- . Hand----------- -----------•--- and seal-----•------- his- 33 thw-,�day�°fNoM__Kft-- 8--•-----••-------------- — ---------------- - .(SEAL) __ .S? W �! �� _l_1� L) JOHN M. DEITSCH N...., .(SEAL) —..... (SEAL) ------------------------------ - ------ — — - - --------------- ----- - _—.� - - -�5'— _ _ STATE OF INDIANA,St. Jo...eph-- -- __ _ County, SS: -fore me, the undersigned, a Notary Public in and for said County and State, personally appeared ih;&within named JOHN M. DEITSCH •'::-.-.- who acknowledged the execution of the foregoing Deed to be _-..._-__--. his --------- voluntary act and deed. WITNESS, my hand and._______ -.__.Seal th:: i.. day of______ ................ November,,-. ----- -- - - . I98_ 9 August 21, ��Z;�f-z- SignatureMy commission expires --••• •------. 1 �•-•-••. .....---..---- of Notary Public St. Joseph Notary Public's County of Residence: Vicki K. Nolen Notary Public's Printed or Typed Name { 5 2 0 81) MG S This Deed 7repared by Frank A. Antonovits, Attorney at Law FA EXHIBIT "A" PARCEL I: A lot or parcel of land beginning at a point in the West line of the Mayflower Road 1779 feet South and 40 feet West of the Northeast corner of the East Half of the Northwest Quarter of Section 29, Township 37 North, Range 2 East, from thence running West along the South line of land heretofore conveyed to Lee A. Naragon and wife as shown by Deed Record 200 on page 435, 290 feet; thence South parallel with the West line of the Mayflower Road 64.66 feet; thence East in a straight line 290 feet to a point in the West line of Mayflower Road 64.66 feet South of the place of beginning, thence North along said West line to the place of beginning, being Lot Numbered Eleven (11) in an unrecorded Plat of Dollar Lake Gardens, a Subdivision in Greene Township. PARCEL II: Beginning at a point in the West line of the Mayflower Road, which point is 40 feet West and 1843.66 feet South of the Northeast corner of the Northwest Quarter of Section 29, Township 37 North, Range 2 East, from thence running West, parallel with the North line of said Section, 290 feet; thence South parallel with the West line of Mayflower Road 64.66 feet; thence East 290 feet to a point in the West line of said road, 64.66 feet South of the place of beginning; thence North along the West line of said road to the place of beginning, being Lot Numbered Twelve (12) as shown on the unrecorded Plat of Dollar Lake Gardens, a Subdivision in Greene Township. Subject to legal highways. Statements to: WATERFIELD MTG. , 200 E - BERRY SOUtft bena, IN 4uvA.� FT. WAYNE, IN 46802 Return Key No. 05-1035-045101 to WATERFIELD MTG., P-0.BOX 600, SO. BEND IN 46624 WARRANTY DEED 8J30&f�'C� Vw Xhai JOHN M. ---- - ---------- Q3 ft, • Aw JUSEPH TITLE eORP. ItS .310ruturr 'Wtt1tr,,,t4 qE!.ISCH --ranster f 2S'l ---- - ----------- 1--__ ..... . .. . . .... ........ ----------- --- . ...... Al St. ............... ........ . ........ . ....... County, and State of Indiana----- - ----- ....... . ...... . ..... . ..... CONVEY AND WARRANT _'Td7__._DAV1D R. WHITESEL — ----------- — ------ __ ...... of St. Jos�R1a_____.____ County, and State of --- Indiana for and in consideration of --- Ten Dollars and other valuable consideration ......... - ------------ — ....... . . . . . . . ....... ­­ --- - ------------ the receipt whereof is hereby acknowledged the following described REAL ESTATE in ---- --- S.t . . .... Joseph. ------ __ .--- _ ... ............... County, in the State of Indiana, to -wit: ......... ------------ . . ..... . ....... ......... For legal description see Exhibit "A" attached. Subject to all unpaid taxes for the year 1988, payable in 1989 and taxes for all subsequent years. Subject to covenants, restrictions and easements of record. Subject to a mortgage from John M. Deitsch, of adult age to Tower Federal Savings and Loan Association, dated June 16, 1979 and recorded June 19, 1979 as Document Number 7912508 in the Office of the Recorder of St. Joseph County, Indiana. Subject to a mortgage from John M. Deitsch to Teachers Credit Union, dated April 27, 1988 and recorded May 12, 1988 as Document Number 8811915 in the Office of the Recorder of St. Joseph County, Indiana. DULY ENTEr-,1__1')' [:Ur-, BEVEOL';LY [). CRONE AUDII'OP '.ST. JOSEPH CC, INDIANA LD IN WITNESS WHEREOF, The said ___. JOHN__..M.._.DEITSCH ------- ---------------- — -------- his Ha- S ------------ hereunto set . ......... . -- - -------- and seal.-- ----- - --- his-_ _h day --- ---(SEAL) OHN M. IT SCH ---_-.._(SEAL) --------- . ............. ------------- _._..(SEAL) STATE OF INDIANA,__.St. Joseph ....... County, ss: ore me, the undersigned, a Notary Public in and for said County and State, personally appeared:-khe-wiiihin named JOHN M. DEITSCH ................. ............. ............................................. .......... .......... ------ who acknowledged the execution of the foregoing Deed to be s . ............... voluntary act and deed. 13L�day of ...... .... November ...... 0 r% WITNESS, my hand and ---- --- - ------ Seal this-_ ...... .......... -- — -------- 1921 My commission expires August 21, 90 ............... . ....... Signature of Notary Public St. Joseph Notary Public's County of Residence: ( R 9 (),Q 1 ) Mr_1 Q Vicki K. Nolen Notary Public's Printed or Typed Name This Deed Prep.,:vJ by rank i'-. Antonovitz, Attorney at Law FA EXHIBIT "Al, PARCEL I: A lot or parcel of land beginning line of the Mayflower Road 1779 feet South ndt40 feet West Northeast corner of the East Half of the Northwest Pont in the West 29, Northeast Townshipof the 37 North, Range 2 East, from thencerunning of Section the South line of land heretofore conveyed to Lee A. g West along as shown by Deed Record 200 on page 435 290 feet thence South and wife parallel with the West line of the Mayflower Road �64.66cfeet;�tthence East in a straight line 290 feet to a point in the West line of Mayflower Road 64.66 feet South of the place of beginning, thence North along said West line to the place of beginning, being Lot Numbered Eleven (11) in an unrecorded Plat of Dollar Lake Gardens, a Sub divis;_on in Greene Township. PARCEL II: Beginning at a point in the West line of the Mayflower Road, which point is 40 feet West and 1843.66 feet South of the Northeast corner of the Northwest Quarter of Section 29, Township 37 North, Range 2 East, from thence running West, parallel with the North line of said Section, 290 feet; thence South parallel with the West line of Mayflower Road 64.66 feet; thence East 290 feet to a point in the West line of said road, 64.66 feet South of the place of beginning; thence North along the West line of said road to the place of beginning, being Lot Numbered Twelve (12) as shown on the unrecorded Plat of Dollar Lake Gardens, a Subdivision in Greene Township. Subject to legal highways. F 0% FIL-:' NO Ll A C D621410 Jun 46 p P (1 0. N D 1 AN A Fll.Ff) FnR RECORD 'Ns