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HomeMy WebLinkAbout#2060- Deed; CONSENT TO ANNEXATION Phase I, II, IIIG�P��.�1 F� �s�i A-� �,� Ai 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 �