HomeMy WebLinkAbout#1826- Deed; CONSENT TO ANNEXATION Dollar Lake First Sub 59112 MalcorDeed Number:
Key Number:
Lot No:
Subdivision
1826
05-1035.045746
Dollar Lake First Sub
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City of South Bend
4 PEAL EpT\� 2 Joseph E. Kernan. Mayor
1865
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Board of Public Works
July 15, 1996
Pastor and Mrs. Trent Reamer
59112 Malcor Street
South Bend, Indiana 46619
RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE
59112 Malcor Street
Key No: n/a
Dear Pastor and Mrs. Reamer:
The Board of Public Works has recorded your Consent to Annexation and Waiver of Right
to Remonstrate with the Recorder's Office. Enclosed is a copy for your records.
If you have any questions, please do not hesitate to contact us.
Sincerely,
Angela K`.i Jacob, Clerk
Enclosure
1308 County -City Building • South Bend, Indiana 46601. 2191235-9412 • TDD (219) 235-5567
John E. Leszczynski James R. Caldwell Jenny Pitts Manier
h Bend Board of Public Works°
Hold for:South Building
Room 1308, County -City
South Bend, Indiana346601 2 _ :•
...a
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CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
In consideration for permission to connect to the public water main of
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: 9 �� Z 1r11ikLC' S I S(�U % l/ %3-(7V��� �/U�
Key Nos. (IT)
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
successor, grantee, vendee o
document and the acceptance
of the foregoing provisions
their successors in title.
instrument of conveyance from the Owner to any
r contract purchaser is subject to the terms of this
of such instrument shall constitute an acceptance
by said grantee, vendee, or contract purchaser and
•
APPROVED
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CM Board of Public Works
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STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
By
Name:
!k2-�'� l ��/iy�t1 � �✓�ML��
(soma✓ ? A a Notary -public in and for said county, in
the state aforesaid, FAO HEREBY CERTIFY THAT (,�5 r r�p��r Rf0_p;4?r 4 P(.[ o :4,7 vl F_PQ-vtt,_7r^
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%2 �F;ree;. and
voluntary act and deed for the issues and purposes therein contafned.; '';
�.r.... i. mow...
Given under my hand and official seal this the
1 199 Le Q; ;, 1 w.i
Dora B. Tognarelli, Notary Public
A Resident at St. Joseph County, IN
I • C.t"; .s•
My Commision Expiros Feb.10, 19C9 NOTARY PUBLIC �; •••^�.
My Commission Expires:
This instrument was prepared by Anne Bruneel, Assistant City Attorney, 1400
County -City Building, South Bend, IN 46601.
C:\docs\Consent.fLm
BEs;N PREPARED 13Y TI-IE BAR
_SCTION OF A FORM OF CONTRACT. FILLING IN BLANK SPACES. STRIKING OUT PROVISIONS, iNStr����r� v,
IPPOW21
EPARATION OF ASSIGNMENTS THEREOI' CONS-TI'I'UTE THE PRACTICE OF LAW AND SHOULD BE DONE 13Y AN ATTORNEY.
Al I
This eontraCt, made the day of January , 19 90, between
EVERETT L. HOLT
of S t . Joseph County, State of Indiana, hereinafter referred to as "Seller", and
TRENT REAMER and LYNN REAMER, husband and wife
of S t . Joseph County, State of Indiana, hereinafter referred to as "Buyer".
W i t n e s s e t h : In consideration of the acts and payments of the Buyer, and subject to the conditions
hereinafter set forth, the Seller agrees to sell and convey to the Buyer the following described real estate
ill St. Joseph County, State of Indiana, to -wit:
ti
A lot or parcel of land in -the Northwest Quarter ('/4) of
the Northeast Quarter (114) of Section Numbered 29, Town -
Numbered 37 North, Range Numbered 2 Fast. bounded
by a line running as follows, viz: Beginning at a point
881 feet South and 695 feet East of the Northwest corner
of the Northeast Quarter (11,) of said Section Numbered 29;
thence East 149 feet; thence South 71 feet; thence West
149 feet; thence North 71 feet to the place of beginning;
and being known as the South 71 feet of Lot Numbered 31 as
shown on the unrecorded Plat of Dollar Lake First Subdivi-
sion in Green Township.
j � 1
Recorded
1'11c ��rlicracJrrourledges the rererpt of Eight Hundred -----------------
t 800 . 00 ) Dollars, as (lie initial payment on the sale price of Twenty-three Thousand - - - - - - -
($ 2 3, 000 .0 0) Dollars.
if the Bayer shall pay to the Seller at 3
or at such other place as the Seller may in writing front time to time direct, not less than the Stan of Two Hundred
Seventy-seven and 95/ 100 ($ 277 .95 ) Dollars on the 5th day of each consecutive month
contrnencing an the 5 t h day of February 1990 , until the said sale price, together ivith interest
thereon at. -Ten- ( 10 °;o ) percenturn perannurn computed semi-annually, is fully paid; and if,
ttritil final payment is made hereunder, the Buyer
1. shall pay when clue the S p r i n g installment of the 199 0 taxes on said premises becoming due and payable in
19 and all taxes becoming due and payable thereafter; the follotuirrg special assessments on said land, to -wit:
and all special assessnlerlts hereafter levied thereon; and all other charges of any kind not created or suffered by the Seller that
may be hercalter levied or assessed against said premises; evidence of paymerlt so made shall be presented to the Seller on
or before the first payment date after such payments become clue;
is re
the buildings, if any, thereon for the benefit of the Seller against loss by fire ant! other hazards generally
del exter)(ted coverage erld(1rSCr)lent, in an amount not less than the unpaid sule price herein, vial in a company or
Pnies approved by the Seller and deposit said poticy or policies with the Seller and pay the premiums thereon rrs the same
became due.
If the Buyer fails to take out or pay for insurance provided for herein or to make arty payment of taxes or assessments
herein provided for him to pay, the Seller may. without notice, pay the same when dire arid add such amount to the nr[nc[nrtt
�...rid••�-•��<r-.° s��/r bear i,lv,est from rile date of payment ac site rate and in the manner provided for other
o/r%t, `o,[rru1r.
principal of this contract, provided that the exercise of this right of Payment by the Seller on any occasion shall not Utaive his
right to declare a termination of this contract for failure to perform the same for any future failure to pay, nor shall any payment
or payments thus made by Seller constitute an estoppel to declare a forfeiture of this contract for a subsequent failure to pay
any other payment required of Buyer to be paid:
3. shrill maintain the lawn and shrubbery in good condition and keep all iniprovenrents in good repair;
4. situ!l not use said premises or permit said premises to be used for any unlawful purpose or purposes that will injure
the reputation of the same or depreciate the vulue thereof;
5. shall neither assign) this contract nor let said premises or any part thereof, nor remove nor alter any buildings thereon
without first procuring Me turillen consent of the Seller; however, if the Seller upproves the trssignrnent of this contract, the
Seller shill be remunerated only for the cost of obtaining satisfactory credit information or) the assignee;
6. shall not violate any of the restrictions, conditions, or covenants to be contained in file deed of the Seller as hereinafter
provided and which restrictions, conditions, and covenants are hereby made effective from the date of this agreement;
7. -a rid shall permit the Seller during all reasonable hours, to go upon the premises for the purpose of inspecting the same;
Then and in that event and, at the tinge of the final payment, the Seller agrees to execute and deliver to the Buyer a good and
sufficient warranty deed conveying said premises to the Buyer in fee simple, subject, nevertheless, to all taxes, assessments and other
charges described in clause (1) above and those falling due thereafter; to all liens or incurnbrances thereon created or suffered by the Buyer;
to Zoning rcguluttons now or hereafter imposed thereon; to all restrictions, conditions and covenants now of record affecting either the
alienability or the use of said premises; and to the following restrictions, conditions and/or covenants:
At ths: line of tine delivery of the deed, the Seller further agrees to deliver to grantee herein warned an abstract of litle prepared
by ar, abstract e'urnpeucy maintaining an udequute till,! plant rrs &.finerl by the Indians, Title Assoc•iaiion, or whose abstracts ar.gencrally
aecclrlcd by financial ins6lutiorts turd allorneys litho art, members of the St. Joseph ('ounly liar Association, which abstract shall be
cerri/ird lu a !lute as near the liw,l closing as reuso,ubly+possible and urhic•h abstract shall discluscr a:rraa[•< tl( t, itttle in tr e• eruye, atte lnny
� �.�.• .. .. � :r. r a. rc. «.nie•/. ti'ufr.-r'.. •r. -.•.r :�+ [u Gee . niter Zell lrc[ nn /.ur..•i <. �ruui.r.�.l. Sat1..•r /.•r
lime prior to final payment of Ilse purchase price of this property shall reluesi hint to deliver such abstract continued to that dale to Lite
Bayer for examination, he shall do so, and Seller shall not thereafter be required to have said abstract continued at his expense. When
said abstract is delivered to the Brryer•, he shall have a reasonable time to have the abstract examined by an attorney; and, if the examination
of the abstract should disclose arty defects in the title of said real estate which render the title 1101 merchantable, the Buyer shall furnish
the Seller iviih a written copy of such objections, and the Seller shall then have a reasonable lime to have such defects removed or have
the title quieted ugainsl such defcets.
Interest, at the erad of earl, sermi-annual period, shall be added to the unpaid balance of the sale price existing at the commencement
of such period. From tile total thus obtained shall be deducted till payrnenls made hereunder on account of principal and interest to the
Seller diming such period and the remainder shall stand as the unpaid balance for the next succeeding serni-annual period.
'Time is of the essence of this contract. Should the Buyer fail to perform any of the acts and/or fail to snake any of the payments
herein to be done or rnadc by the Buyer promptly and al the time stipulated therefor, then all payments made hereunder prior to such
default shall be forfeited to the Seller as and for liquidated damages for the use and occupancy of the premises to the dale of default and
Seller shall thereupon be relieved from rill liability hereunder to the Buyer. Immediately upon default, and without demand or notice,
rite Buyer agrees that he will surrender to the Seller peaceable and immediate possession of said premises together with all improvements
thereon. In Cite event of the failure of Buyer to surrender possession of said properly to Seller in case of such default, Buyer agrees that
proof of notice ire wriling served upon him personally, delivered to tiny person on said premises, or affixed to a conspicuous prat of said
premises liftven (15) days before the filing of suit in any court having jurisdiction over said real estule shall be suffirieni demand for
the forfeiture of said premises and cancellation of this contract to warrant such court to assure Jurisdiction of such suit. Ill determining,[
rile question of delinquency of the Buyer in discharge of his obligation to snake monthly payments hereunder or any other payments required
of hills to be made, the total of such paynranls 'node by the Buyer shall be credited as against the total of his obligations to the dale of
determination to ascertain if there is, and the amount of, the delinquency. In the event of default, the rights of action of the Seller are
to an action for possession of the real estate and the improvements thereon, together with damages for the withholding
expressly limited
thereof and for waste or damage done thereto and for court costs and attorneyfees in obtaining possession of said premises.
's
payments in excess of those stated herein or the entire unpaid balance with interest computed to dote may be paid lit any time
without penalty. I9
possession hereunder shall be given by the Seller to the Buyer on lite day of
Clauses letterer! A , B , C , D
are hereby incorporated in and made a purl of this c•ontracl.
The parties agree that the provisions of this contract shall be binding upon, apply to and inure to the benefit of their respective
heirs, successors and assigns.
In Witness Whereof the parties have signed, scaled and delivered this agreement in duplicate counter -parts each of
which shall be an original, the day and year first above written.
EVERETT L. HOLT
C �Aa/ '
_TRRE ME
LYN. REAMER -
Sellers
Buyers
Malcolm J. Tuesle.y, Jr_, 214 Lafayette B_l�_, South Bend,- IN
This insnrumenl was prepared by ..
!<lem6er o/ St. JosepR Cotu,ty Indiana Dar Assnciarion
"6ZZ492
.U� Vi 'SS
S.F.
REECORD