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HomeMy WebLinkAbout#1848- Deed; CONSENT TO ANNEXATION Dollar Lake First Sub 23434 Cloyd Streetdeed Number: 1E48 -� KeY Number : os-1 o35-oas7g2 Lot No 21_ fi Subdivision: Dollar Lake First Sub Deed Number: 1848 Key Number: 05-1035-045742 Lot No : 22 Subdivision : ' Dollar Lake First St peed Number: 184$ - Key Number : os 1o3s_ Lot No : 045742 28 Subdivision Daltar Lake First Sub peed Number: 1848 Key Number: 05-""" 45742 Lot No: 2s Subdivision Dollar Lake First Sub r ' Hol or: South Bend Board of Public Works Room 1308, County -City Building South Bend, Indiana 46601 `36j0,(._!36'75 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE 4, In consideration for permission to connect to the public water main of -.the ! City of South Bend, Indiana, to provide water service to property, (hereinafter referred to as the "Real Estate"), the following_descrfped in situated Josoph r County, Indiana: Key Nos. o l a�� �� T S 1 i_�1 �` 9- ft1 �L7 l- o A- ry J Lo 4- z-) q- �qs 1 X a,3 q c__Cz� t --�-q y 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. 23+?)4 CLByd STATE O COUNTY 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 ti By: XL c� l lj "�ltit C G APpRpji D Board of public works Print Name: 96 F OF ST . JOS PE H I' a Notary ublic and for said county , in the state aforesaid, DO HEREBY CERTIFY THAT �c i 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 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/J �'/ day of NO RY� PUBL1 , My Commission Expires. '�� ••' '� � JUL1R ANAI,vd:C1P3S ' ' ' ` i- -` NOTARY PUB LlC S'fC'lL O7 lIVDtAh,�A �F } T _ ^. a Tfif9 i"n�Jtt�AtiTjba�'� "iRP1 5TbFA4i';;gruneel, Assistant City Attorney, 1400 County -City Build Stt�,••Sout�f 8�ead,rSjl C:\docs\Consent.ftm DURABLE GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That I, GLIDIS J. WHITE, have named, made, constituted and appointed and by these presents do name, make, constitute and appoint R. CALVIN WHITE AND AARON A. WHITE my true and lawful attorney -in -facts, for me and in my name, place and stead, and provide as follows: 1. I give to my attorney -in -fact the powers herein specified to be used on my behalf, provided that my attorney -in -fact shall not have any power which would cause my attorney -in -fact to be treated as the owner of any interest in my property and would cause that property to be taxed as owned by the attorney -in -fact. My attorney -in -fact shall have the following powers: Real Property. Authority with respect to real property transactions pursuant to I.C. 30-5-5-2. Tangible_ Personal Property. Authority with respect to tangible personal property pursuant to I.C. 30-5-5-3. Bonds, commodities and shares. Authority with respect -to bonds, commodities and shares pursuant to I.C. 30--5-5-4, excluding any power to purchase commodities, any power to sell short or to initiate a margin transaction and any power to purchase put or call options. This authority shall include the power to purchase United States Government obligations which are redeemable at par value in payment of estate taxes imposed by the United States Government. Banking. Authority with respect to banking transactions pursuant to I.C. 30-5-5-6. Business. Authority with respect to business operating transactions pursuant to I.C. 30-5-5--6. Insurance_ Authority with respect to insurance transactions pursuant to Z.C. 30-5-5-7, excluding the right to change the beneficiary of any policy insuring my life to a natural person. This authority shall include full power to apply for and otherwise deal with medicare and medicaid benefits. Beneficiary. Authority with respect to beneficiary transactions pursuant to I.C. 30-5-5-8. Gifts. Authority with respect to gift transactions pursuant to I.C. 30-5-5-9; however, this authority (i) shall include the power'to make such gifts to my spouse as are needed to. accomplish the minimization of income, gift and death taxes, even though my spouse may be serving as my attorney -in -fact hereunder, and (ii) shall exclude the power to make non- spousal gifts in excess of the amount excluded from gifts under Section 2503(b) of the Internal Revenue Code of 1986, as amended, or any successor thereto. Fiduciary. Authority with respect to fiduciary transactions pursuant to I.C. 30-5--5-10. Claims and Litigation. Authority with respect to claims and litigation pursuant to I.C. 30-5-5-11. Family Maintenance. Authority with respect to family maintenance pursuant to I.C. 30-5-5-12. Records, Reports and Statements. Authority with respect to records, reports and statcmients pursuant to T-.C. 30-5-5-14; including the power to execute on my behalf any specific power of attorney required by any taxing authority which is needed to allow my attorney -in -fact to act on my behalf before that taxing authority on any return or issue. Estate Transactions. Authority with respect to estate transactions pursuant to I.C. 30-5-5-15. Health Care. Authority with respect to health care pursuant to I.C. 30-5-5-16. I direct my attorney -in -fact to work with my health care representative in exercising these powers. Delegate._ Authority with respect to delegating authority pursuant to T.C. 30-5-5-18. All Other Matters. Authority with respect to all other matters pursuant to I.C. 30-5-5-19. 2. Guardian. If it becomes necessary to secure the appointment of a guardian of my person or estate or if protective proceedings are filed on my behalf, I hereby request the appropriate probate court to appoint my attorney -in -fact hereunder as my guardian or as the person to act on my behalf. 3. Fee. My attorney--in-fact shall not be entitled to a fee for services provided as my attorney -in -fact. 4. Limitation on Liability. My attorney -in -fact shall only be liable for actions undertaken in bad faith; provided, however, my attorney -in -fact shall be liable for the - negligent exercise of any non -health care related power if the exercise of this power involves self -dealing. 5. Effective Date.- This power of attorney shall be effective as of the date it is signed and shall not be terminated by my incapacity. 6. Revocation. I hereby reserve the right to revoke this power of attorney at any time. 7. Revocation of Prior Powers of Attorney. I give my attorney - in -fact the power to revoke all powers of attorney previously executed by me. IN WITNESS WHEREOF, I have herunto set my hand this day of 1994. hjj_f� Glidis J_ White STATE OF INDIANA } ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Glidis J. White, and acknowledged the execution of the above and foregoing Power of Attorney as her voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I do hereby set my hand and notarial seal as of the,,;;' gria-- day of l 1994. My Commission Expires: A Resident of St. Joseph County, IN 7 -iy-f4 DURABLE GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That I, GEORGE A. WHITE, have named, made, constituted and appointed and by these presents do name, make, constitute and appoint R. CALVIN WHITE AND AARON A. WHITE my true and lawful attorney -in -facts, for me and in my name, place and stead, and provide as follows: 1. I give to my attorney -in -fact the powers herein specified to be used on my behalf, provided that my attorney -in -fact shall not have any power which would cause my attorney -in -fact to be treated as the owner of any interest in my property and which would cause that property to be taxed as owned by the attorney -in -fact. My attorney -in --fact shall have the following powers: Real Property. Authority with respect to real property transactions pursuant to I.C. 30-5-5-2. Tangible Personal Property. Authority with respect to tangible personal property pursuant to I.C. 30-5-5-3. Bonder Commodities and Shares. Authority with respect to bonds, commodities and shares pursuant to I.C. 30-5-5-4, excluding any power to purchase commodities, any power to sell short or to initiate a margin transaction and any power to purchase put or call options. This authority shall include the power to purchase United States Government obligations which are redeemable at par value in payment of estate taxes imposed by the United States Government. Banking. Authority with respect to banking transactions pursuant to I.C. 30-5-5-6. Business. Authority with respect to business operating transactions pursuant to I.C. 30-5-5-6. Insurance. Authority with respect to insurance transactions pursuant to I.C. 30-5-5-7, excluding the right to change the beneficiary of any policy insuring my life to a natural person. This authority shall include full power to apply for and otherwise deal with medicare and medicaid benefits. Beneficiary. Authority with respect to beneficiary transactions pursuant to I.C. 30-5-5-8. Gifts. Authority with respect to gift transactions pursuant to T.C. 30-5-5-9; however, this authority (i) shall include the power to make such gifts to my spouse as are needed to accomplish -the minimization of income, gift and death taxes, even though my spouse may be serving as my attorney -in -fact hereunder, and (ii) shall exclude the power to make non- �,�,�� � Wei 11 spousal gifts in excess of the amount excluded from gifts under Section 2503(b) of the Internal Revenue Code of 1986, as amended, or any successor thereto. Fiduciary. Authority with respect to fiduciary transactions pursuant to I.C. 30-5-5-10. Claims and Litigation. Authority with respect to claims and litigation pursuant to I.C. 30-5-5-11. Family Maintenance. Authority with respect to family maintenance pursuant to I.C. 30-5-5-12. Records, Reports and Statements. Authority with respect to records, reports and statements pursuant to I.C. 34-5-5-14; including the power to execute on my behalf any specific power of attorney required by any taxing authority which is needed to allow my attorney -in -fact to act on my behalf before that taxing authority on any return or issue. Estate Transactions. Authority with respect to estate transactions pursuant to I.C. 30-5-5-15. Health Care. Authority with respect to health care pursuant to I.C. 30-5-5-16. 1 direct my attorney -in -fact to work with my health care representative in exercising these powers. Delegate. Authority with respect to delegating authority pursuant to I.C. 30-5-5-18. All other Matters. Authority with respect to all other matters pursuant to I.C. 30--5-5-19. 2. Guardian. If it becomes necessary to secure the appointment of a guardian of my person or estate or if protective proceedings are filed on my behalf, I hereby request the appropriate probate court to appoint my attorney--in-fact hereunder as my guardian or as the person to act on my behalf. 3. Fee. My attorney -in -fact shall not be entitled to a fee for services provided as my attorney -in -fact. 4. Limitation on Liability. My attorney -in -fact shall only be liable for actions undertaken in bad faith; provided, however, my attorney -in -fact shall be liable for the negligent exercise of any non -health care related power if the exercise of this power involves self -dealing. 5. Effective Date. This power of attorney shall be effective as of the date it is signed and shall not be terminated by my incapacity. 5. Revocation. I hereby reserve the right to revoke this power of attorney at any time. 7. Revocation of Prior Powers of Attorney. I give my attorney - in -fact the power to revoke all powers of attorney previously executed by me. IN WITNESS WHEREOF, I have herunto set my hand this v<� day of C,-�'rr5 ; , 1994. 11 ' George A. White STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared George A. White, and acknowledged the execution of the above and foregoing Power of Attorney as his voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I do hereby set my hand and notarial seal as of the 2 9--7w day of , 1994. My Commission Expires: 7-1y -�6 A Resident of St. Joseph County, IN City of South Bend Joseph E Kernan. Mayor <�.... 1865 Bard of Public Works July 22, 1996 Mr. Calvin White 23434 Cloyd South Bend, Indiana 46619 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE 23434 Cloyd Key No_ 05-1035-045742 9 Dear Mr, White: 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, ngelaj�C ct eCk& Enclosure 1308 County -City Building • South Bend, Indiana 46601. 219/235-9412 • TDD (219) 235-5567 John L t.eszczynski James R. Caldwell Jenny Pitts Manier