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Home My WebLink About#1953- Deed; CONSENT TO ANNEXATION Part of SW Quar. of Sec. 26, T 37 N, R 2 EA/'r K /id-- 7-10 J -7��z2- @i f Hold Recorded copy for: City of South Bend Board of Public Works CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE In consideration for permission to tap into the public sanitary sewer system of the city of South Bend, Indiana, to provide sanitary sewer service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: COZ Terminating, Inc. An Arkansas Corporation 20630 W. Ireland Road South Bend, St. Joseph County, Indiana 46614 LOT 1, COZ TERMINALING INC., MINOR SUBDIVISION A part of the southwest Quarter of Section 26,T.37N., R.2E. COZ TERMINALING . INC., SOUTH BEND, INDIANA, 46614, Owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title and assigns, waives and releases any and all right which they 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 sanitary sewer and/or water of the City of South Bend, Owner, for themselves and their 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 conveyence made by Owner, their 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. Rimerly 9. Gararq.Proiect ManageE Before me, the undersigned, a Notary Public in and for said State, personally appeared E� OV and acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voltintary act and deed. II � WITNESS my hand and Notarial Seat thi2 day of 4i u1996, ri_ ten S Q /ature/� � G J. (Printed) W " . A: &ident of St. Joseph County, Indiana. My mmiss lop Expires:MIANA Opp COUNTY OF ST. JOSEPH ) This instrument was prepared by Anne Bruneel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. APPROVED Board of Public Works r- 964649--jo i rim NOVEMBER 21, 1996 BOARD OF PUBLIC WORKS 1308 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 RE:CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE COZ Terminaling Inc. 20630 W. Ireland Road South Bend, Indiana 46614 Lot 1, COZ Terminaling Inc. Minor Subdivision SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 46628 Dear Members of the Board: Please accept this signed and notarized " Consent to Annexation and Waiver of Right to Remonstrate", for recording. Laz`ry D . Spradli.n Sr. Division of Engineering cc: Larry Magliozzi APPROVED Board of Public Works 44a s RMINALING, INC. Via Facsimile Transmission Fax No. 219/235-9171 November 21, 1996 To: CITY OF SOUTH BEND, INDIANA Re: Execution of Waiver of Remonstration Rights Dear Cirj of South Bend, Indiana: Kimberly R. Gerard, Project Manager of Construction for COZ Terminaling, Inc., is authorized to execute on behalf of COZ Terminaling, Inc. the above referenced document. It is COZ's intention that Ms. Gerard sign the document and that COZ Tenninaling be bound thereby. Should you need further, please call my office directly at 501/444-3522. Kindest regards, Jennifer .1. Mai+ Associate Counsel & Manager of Regulatory Affairs This message and the document to which it is attached my Main con5datitial information that may be legally privileged. This facsimile is intesaded only for the use of the addresaee(s) Wanted herein. Tf the reader of this faceimiie W neither the intended raipient nor the employee or agent responsibk for delivering the fa" nWe to the inb JWW recipient, you me ckvreby notified that any dias,gstinahon,distribution or copying ofthis facsirtWc is atriCtiy DroW brW. If you have received this facsimile in error, please notify us inuncdiately by telephone (colket), and rewm the original faeahk to us at the below listed address via the U.S. Postal Service. Thankyou. 260 N. COLLEGE, SUfTE 500 • P.O. BOX 1503 • FAY07EVILLE, ARKANSAS 72702 • [5011443-5256 • FAX [501 } 442-4550 AV.PRO VED Board of Public Works fQsn Cn7 rt P GOZ Terminaling, Inc 2I9-299-1694 P_O1 9rFROM PEIRCE C A55OCIATES TO 2991694 ➢.02/02 FvCHARD S. JOHNSON Executive Director ROBEAT W. SANTE Ag"-, Ant DireoW 140 COUNTY-C[TY BUILDING, SOUTH BEND, IN. 46601 (219) 235-9571 FAX (219) 2.? i-9813 .�fovember 7, 1996 :OZ Tenuinaling, Inc. :30 N. College, Suite 500 i ayeneville. AK 72702 COZ Ternrlinaling, Inc_, Minor Subdivision - 4347-96-M JSear Petitioner: pursuant to Indiana, Code 36-7-4, the undersigned certifies that the Minor Subdivision of c Oz `A'erminaling, IM I Minor was considered by the Plat Colmuiucc of dae Area Flan -;,onunission of SL 7oseph County, bxiiena at its meeting on November 7, 1996. tL majority of the Commttiee concurred in flying that said Subdivision complies with all ;;quirements of the St. 3oseph County Subdivision Regulations, and no fact, factLx, or ituation in the Subdivision impacts adversely public health or safety. Therefore the ornmittee granted Primary Approval to said Subdivision. �inoe a Waiver of Right to Appeal has been signed by all interested parties, the :i ,aff of the (,M plan Commission granted Second"Y Approval on November 7, 1996. 'he dravai.mg will be recorded by the Su f within seven days. Building permits, .owever, ,lay now be Qb incd for lots within this Subdivision. ,1 you have any questions, please call. Sincerely, l,obeli, W. Sante. ,,C: Peirce & Associates County Building County Department County Health Departtr)ent South Bond, Lakeviue, Now CsfIWG. North L}Dergy, Rose4end end St &&Vtt Courn ", TO' aL P.62'02 rll'1.'ROVE,D Boars! of Public Works City of South Bend Joseph E, Kernan, Mayor x ; l3oard of Public Works January 15, 1997 Ms. Kimberly R. Gerard, Project: Manager COZ Terminaling, Inc. 20630 West Ireland Road South Bend, Indiana 46614 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Dear Ms. Gerard: The Board of Public Works has recorded your Consent to fAnnexation oadnd Waiver of Right to Remonstrate with the Recorder's Office. Enclosed is a copy your if you have any questions, please call me. Enclosure Sincerely, Angela Jacob, Cl Bend, Indiana 46601 • 219/235-9251 • TDD 2191235-5561 1316 County -City Building •South - APPROVED Board of Public Works