HomeMy WebLinkAbout#2059- Deed; CONSENT TO ANNEXATION Phase I-) An kno Q+'� (3 1/7
I�L (jp pIvy/C
CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE 1992
BOARD OF pARMERLEBLIC E�RKS
CIe�k
SA11DRA M.
In consideration of 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, situated in St.
Joseph County, Indiana:
Key No. 02-2013-0262
A parcel of land in the Southwest Quarter of Section 17, Township
38 North, Range 3 East, Clay Township, St. Joseph County, Indiana,
and described as follows:
Commencing at the Northeast corner of the Southwest Quarter of
said Section 17, also being the centerline of Auten Road; thence
North 89052'19" West, 368.21 feet along the north line of the
Southwest Quarter of said Section 17, also being the centerline
of Auten Road to the point of beginning; thence South 00013'26"
East, 356.03 feet; thence South 89055'16" East, 366.90 feet;
thence South 00012'13" East, 778.81 feet; thence Southwesterly
201.63 feet along a segment of a curve to the left having a
radius of 518.53 feet, subtended by a chord having a bearing of
South 78041'17" West, a distance of 200.36 feet; thence South
67032'54" West, 76.88 feet; thence North 22027'06" West, 30.00
feet; thence Northwesterly 29.84 feet along a curve to the
right having a radius of 19.00 feet, subtended by a chord
having a bearing of North 67°27'06" West, a distance of 26.87
feet; thence Northwesterly 575.25 feet along a segment of a
curve to the right having a radius of 1559.54 feet, subtended
by a chord having a bearing of North 11053'04" West, a
distance of 572.00 feet; thence South 88040'57" West, 40.00
feet; thence Southeasterly 11.70 feet along a segment of a
curve to the left having a radius of 1599.54 feet, subtended
by a chord having a bearing of South 01031'24" East, a
distance of 11.70 feet; thence North 89050'50" West, 47.37
feet; thence North 00°13'26" West, 619.04 feet to the
North line of the southwest quarter of said section 17, also
being the centerline of Auten Road; thence South 89052'19"
East, 140.00 feet to the point of beginning, and containing
8.919 acres, more or less, and is subject to all road rights-
of -way, easements, restrictions and or covenants of record.
The above tract of land contains 19 Lots, numbered 1 through
19, plus four outlots, Lettered A, B, C and D.
Weiss Homes, Inc., 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.
_ansideration and to induce the City of South Bend to
allow Owner to tap into the public sanitation sewer 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 1
instruments or conveyance made by Owner, its successors or assigns 1
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 shall be made
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.
WEISS HOMES, INC.
Iris Weiss Sessions, Pre ident
Ha an H. Sessions, ecretary/Treasurer
V, COUNTY OF ST. JOSEPH
Before me, the undersigned,
State, personally appeared Iris
Sessions, and acknowledged the
Annexation and Waiver of Right
and deed.
)
SS:
a Notary Public in and for said
Weiss Sessions and Harlan H.
execution of this Consent to
to Remonstrate as their voluntary
M'
WITNESS my hand and Notarial Seal this day of zV
1992.
act
(W tten Signature)
(Printed Signature)
MARCIA J. JENLIAN
My Commission Expires: NOTARY PLMLIC STATE OF ]MAMA
LA PORTE COUNTY
MY Cr. IMISSION EXP. J111Y 9.190
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
City of South Bend
Joseph E. Kernan, Mayor
partment of Public Works
John E. Leszczynski, Director
NOVEMBER 5, 1992
BOARD OF PUBLIC WORKS
1308 COUNTY —CITY BUILDING
SOUTH BEND, INDIANA 46601
RE:CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE
FARMINGTON MEADOWS, PHASE II
WEISS HOMES INC
828 E_ JEFFERSON BOULEVARD
South Bend, Indiana 46617
Dear Members of the Board:
please accept this n Consent to Annexation and Waiver of Right to
Remonstrate.
Engineering
Carl Littrell, P.E.
235-9251
FAX (219) 235-9171
i
ry d11.
sr.
rgP a
Engineering Aide
Division of Engineering
County -City Building • South Bend, Indiana 46601 • 219/235-9251
Environmental Services Equipment Services Transportation
John J. Dillon, Ph.D. Phil St. Clair Sam Hensley
277-8515 235-9316 235-9444
FAX (219) 277-8980 FAX (219) 235-9007
Water Works
John F. Stancati
235 9322
FAX (219) 235-9729