HomeMy WebLinkAbout#2060- Deed; CONSENT TO ANNEXATION Phase I, II, IIIG�P��.�1 F� �s�i A-� �,�
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CONSENT TO ANNEXATION AND Taxindp iinic
m�_q_
WAIVER OF RIGHT TO REMONSTRATE �7afe 5-L-!
9A14128-43? 1-1
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. 01-1018-037502
That part of the Northeast Quarter of Section 36,
Township 37 North, Range 2 East, Centre Township,
St. Joseph County, Indiana which is described as:
Beginning at a point on the south right-of-way line
of Jackson Road which is S. 00123'04" E., 40.01 ft.
and S. 88033139" W., 815.36 ft. (Record S.
88°33'38" W.) from the Northeast Corner of said
Section 36; thence S. 00123104" E., 279.50 ft.;
thence S. 73033139" W., 77.75 ft.; thence S.
88-3313911 W., 90.00 ft.; thence N. 67124124" W.,�
= '
50.00 ft.; thence S. 82035136" W., 122.00 ft.;
thence S. 67035136" W., 94.72 ft.; thence N.
u,
77°24124" W., 100.00 ft.; thence S. 72035'36" W.,
158.98 ft.; thence N. 28°24'24" W., 191.10 ft.;
,=
thence N. 00°23104" W., 174.99 ft. to the south
right-of-way line of Jackson Road; thence N.
88033139" E. along said right-of-way line, 759.0.0
-- !
ft. to the Point of Beginning.
Contains 5.21 acres.
The Barrett Corporation, 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 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
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.
DULY ENTERED FOR TAXATION
i
DEVERLY D. CRONE
AUDITOR
ST. JOSEs -H CO. INDIANA
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.
THE BARRETT CORPORATION
by
William Dunfee, resident
fJ
Greg Bur side, Secretary
APPROVED
BOARD OF PUBLIC WOKS
STATE OF INDI ANA
COUNTY OF ST. JOSEPH
SS;
a
Bef ore me, the undersigned, a Notary Public in and for said
PP
State, personally appeared William Dunfee and Greg Burnside, and
nsent
acknowledged the execution theirthis
volountazy a�tAandxdeed� and Waiver
of Right to Remonstrate as
27th day of Aril
WITNESS my hand and Notarial Seal ,this
-:.
f , / `\\� ..
Barbara J. Van Es
(Printcfl'. ,
My Commission Expires:
December 13, 1991
This instrument was preparedMary Hall Mueller, Assistant City
tyB biding, South Bend, IN 46501.
Attorney, 1400 County-
BPW3/CONSENT2
Or, n .) n. T fit.
pp.
-APPROVED
BOARD Of PUBUr WORKS 9340641
J
_K �), o v ("
Copperfield, Phase I, II and III
CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
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 (hereinafter
referred to as "Real Estate"), situated in St. Joseph County, Indiana:
Key Nos. 01-1018-037502 and 01-1121-3765
That part of the Northeast Quarter of Section 36,
Township 37 North, Range 2 East, Centre Township,
St. Joseph County, Indiana which is described as:
Beginning at a point on the south right-of-way line
of Jackson Road which is S. 000-23'-04" E., 40.01
ft. and S. 88°-33'-39" W., 815.36 ft. (Record, S.
880-33'-38" W.) from the Northeast Quarter of said
Section 36; thence S. 000-23'-04" E., 762.93 ft.;
thence S. 88°-33'-39" W., 905.33 ft.; thence N.
01°-26'-21" W., 97.00 ft.; thence around a 202.85
ft. radius curve to the right an arc distance of
85.12 ft. to the end of a cord which bears N.
100-34'-55" E. and having a distance of 84.49 ft.;
thence N. 220-36'-11" E., 50.00 ft.; thence S.
67°-23'--49" E., 30.00 ft.; thence N. 220-36'-11"
E., 25.00 ft.; thence around a 308.45 ft. radius
curve to the left an arc distance of 224.70 ft. to
the end of a cord which bears N. 010--44'-02" E. and
having a distance of 219.76 ft.; thence around a
35.00 radius curve to the right an arc distance of
53.17 ft. to the end of a cord which bears N.
240-22'-52" E. and having a distance of 48.20 ft.;
thence N. 340-23'-19" W., 30.70 ft.; thence around
a 35.00 ft. radius curve to the right an arc
distance of 51.13 ft. to the end of a chord which
bears N. 700-15'-16" W. and having a distance of
46.70 ft.; thence N. 280-24'-24" W., 60.22 ft.;
thence around a 193.53 ft. radius curve to the
right an arc distance of 91.09 ft. to the end of a
chord which bears N. 14°-55'-22" W. and having a
distance of 90.25 ft.; thence around a 40.00 radius
curve to the right an arc distance of 31.42 ft. to
the end of a chord which bears N. 210-03'-39" E.
and having a distance of 30.61 ft.; thence around a
40.00 ft. radius curve to the left an arc distance
of 31.42 ft. to the end of a chord which bears N.
211-03'-39" E. and having a distance of 30.61 ft.;
thence around a 23.43 ft. radius curve to the right
an arc distance of 36.81 ft. to the end of a chord
which bears N. 430-33'-39" E. and having a distance
i
of 33.14 ft.; thence N. 88°-33'-39 E. along the
South right-of-way line of Jackson Road, 872.40 ft.
to the Point of Beginning.
Containing 15.176 acres.
The Barrett Corporation, 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 sanitary 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
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 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.
THE BARRETT CORPOR,k'�'lON
by (/
Wil iam Dunfee, Pre i e t
Greg Burnside, Secretary
STATE OF TNDTANA )
SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said
State, personally appeared William Dunfee and Greg Burnside, and
acknowledged the execution of this Consent to Annexation and Waiver
of Right to Remonstrate as their voluntary act and deed.
2.
WITNESS my hand and Notarial
1993
My Commission Expires:
Seal this cuiday of 1464,
Writ eT`� Signature]
Printed, Si46a a ur6j.,..,,
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
BPW4/CONSENT2
to
aoA�D OF vRO
ust�C waeKS
Copperiield, Phase I, II and III
CONSENT TO VEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
In consideration
sewer system of the
sewer service to the
referred to as "Real
Key Nos. 01-1018-037502 and 01-1121-3765
Quarter of Section 36,
That part of the Northees2 East, Centre Township,
Township 37 North, Rang
COnty, Indiana which is dcfbwayaline
St. Josephpoint on the south right-040.01
at a P 00 23,_ "
Beginning °_ 04 •►
of Jackson 88od33h139„rW•,•815.36 ft.
Record, S.
f t. and S. Quarter of said
88°-33'-38+' W.) from t000-231-04"tE 762.93 ft.;
Section 36; thence S. 905.33 ft.; thence N.
thence S. 88 33'-39" W•►
,_ �+ W., 97.00 ft.; thence around a 202.8
Ol°-26 21 right an arc distance of
ft. radius curve to the ord which bears N-
8 5.12 f t . to the end of a
°_34'-55" E. and having a distance of $ce ft
10 ,-11" E•, 50.00 ft-' thence -
22°-36 thence N. 22 36'-11"
thence N• +� 30.00 ft-; radius
67°-23'-49 E''
t.
25•Q0 ft-; thence around a 308.45
E•, '-02" E. and
curve to the left an_ahcbearsaNCe01�-444.70 t.
0
the end of a cord which thence around a
having a distance of 2the ft
00 radius curve to the cordtwhichrbearstNnce of
35. to the end of a
53.17 ft. a distance of 48.20 ft.;
24°-22'-52" E. and having dis ft.; thence around
thence N. 340-23 19 the right an arc
a 35.
On ft. radius curve the end of a chord which
distance of 51'13 ft. and having a distance of
bears N- 70 15'-16 2 24 24" 60.22 ft.;
46.70 ft.; thence N. 28°- '- W''
thence around a 193.53 ft. radius ctovthe°end of a
right an arc darn N.el4f 55-- ft and having a
°_ 22 W-
chord which bears N. thence around a 40.00 radius
distance of 90.25 ft.; 21 01.4 "
t.
right an arc distance of-31.439 E.
curve to the rig thence around a
the end of a distance which
of bears N.
ft • ' an arc distance
and havrng
to the end of a chord which bears N.
40.00 ft. radius curve to the le of 30.61 ft.;
of 31.42 ft' a distance
21°-�03'-39" E. and having
thence around a 23.43 ft. t. toostherend oftaechogrdt
then a distance
an arc distance of 36.81 ft.
bead's N. 43°-33'-39" E. and having
into the public sanitary
of permission to tap into
to provide sanitary
City of South Bend,
following described property (hereinafter Indiana:
P
Estate"), situated in St. Joseph County,
I i
the
0_33'-39 E• along
thence N. 88 goad, 872.40 ft.
of 3 3.14 ft.; of Jackson
right -of
line
South rig o
to the Point Of $eginning-
Containing 15.176 acres,
the Real Estate, (hereinafter
waives
oration, owner of title and assigns,
The Barrett Corp now or hereafter have to -
,s er") for itself and itshu Which it may re with, or oppose
Own and all rig object to, interfere
and releases any ainst or otherwise the City of
remonstrate ag future annexation of the Real Estate by
any pending or
South Bend. of South Bend to
is sanitary sewer of the Cityaorees
further consideration and to induce the City assigns
In f into the Pub
allow Owner to tap at the
Owner for itself and h Bendcthespermanentright,
South Bend, the City of South future time by
hereby to vest in
City, discretion, to annex the Real Estate at an
duly authorized ordinance_ contracts, or other
finer further agrees that any deeds,
g ance made by Owner, its successors or assigns
of convey
instrumentsthe waiver and release provisions contained herein,
shall contain shall run with the la
which provisions
r of any instrument of cacteyance from
shall Own
emade
The delivery
vendee or contract purchaser tance of such
any successor, grantee,
of this document and the acceptance provisions
subject to the term acceptance of the foregoing P
shall vendee,
or contrracPt Purchaser and their successors
instrumenxantee, vendee,
by said 9
in title. THE lialmDunfee,
CORPO TON
byPre i e t
Wil
zo
Greg Bur side, Secretary
STATE OF TNDIANA ) SS
COUNTY OF ST. JOSEPH
ned, a Notary Public in and for said
and
the undersigned, Dunfee and Greg Burnside,
Before e, Annexation and Waiver
ersonally appeared William
State, p ed the execution of this Consent actAand deed -
of
of Right to Remonstrate as their voluntar
2.
6M
wI`'�SS MY hand and Notarial
199_�;
My Commission Expires:
Seal this 4yjday of ,
Writ en Signature)
Printed Signature)
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County --City Building, South Bend, IN 46601.
BPW4/CONSENT2
3.
MAY 28,1993
BOARD OF PUBLIC WORKS
1309 COUNTY —CITY BUILDING
SOUTH BEND, INDIANA 46601
RE:CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE
COPPERFIELD SUBDIVISION , PHASE I, II, & ITI
ST. JOSEPH COUNTY, INDIANA 46614
Dear Members of the Board:
Please accept this signed and notarized " Consent to Annexation and Waiver of Right to Remonstrate",
for recording.
rry D.Spradlin Sr.
Engineer
Division of Engineering
R �