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HomeMy WebLinkAbout#2062- Deed; CONSENT TO ANNEXATION Section 1, 2 & 3wo�1 , / `lF 9A:2895 Tawny Lake Section 3 Pill CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE {'' In consideration of permission to to into the P public sanitary ;.-;. sewer system of the City of South Bend, Indiana, to provide sanitary r,,,.. sewer service to the following described property, (hereinafter referred to as the "Real Estate") , situated in St. Joseph County, '}>> Indiana: Key No. 02-1015-0306 A parcel of land being a part of the East Half of ! ransfer the Northwest Quarter of Section 19, Township 38 North, Range 3 East, Clay Township, St. Joseph Taxing Unit County, Indiana and being more particularly described as follows: Commencing at the Southwest Corner of said East Half of the Northwest Quarter; thence North 89052125" East along the South line of said East Half, a distance of 502.58 feet to the Southeast corner of Tawny Lake First Replat, Phase I, as shown on the recorded Plat in the Office of the Recorder of St. Joseph County, Indiana, as Instrument No. 9130243; thence North 0007135" West along the East line of said Replat, a distance of 387.87 feet; thence North 90000'00" East, a distance of 312.00 feet; thence South 0007135" East, a distance of 387.18 feet to the South line of said East Half; thence South 89052126" West along said South line, a distance of 312.00 feet to the place of beginning containing 2.78 acres more or less. Portage Realty Corporation, 129 Dixie Way South, South Bend, Indiana 46637, 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. DULY ENTERED FOR TAXATION BEVERLY D. CRONE AUDITOR ST. JOSEPH CO. INDIANA 1.� Zr s(�� ■ It is understood and acknowledged by Owner that the execution of this document binds Owner and all successors in title of the subject Real Estate to the terms hereof. 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. PORT REALTY CORPORAT By Donald Ja wski Executiv ice President STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said State, personally appeared Donald Jankowski, Executive Vice President of Portage Realty Corporation, and acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and deed. WITNESS my hand and Notarial Seal this � day of ' U -q;:, , 1992. J written Signature) 1 UT-? - ' (Printed Signature) A resident of St. Joseph County, Expires: ZZ lTYiis ""instrument was prepared by Mary Attorney, 1400 County -City Building, BPW3/CONSENT3 Indiana. Hall Mueller, Assistant City South Bend, IN 46601. 2 50 �11 027g D27y c t3 i3 0 T ��! boo , ;1 AL I � I I N N o !! 1 O 7�I ;OWI O Ull 'oil zoo TEN I! I N 0286 1 `° N O a 7- — 7 ,. m w N v> m o o p 0 ON m m o� o � o .9 1 m •a u�f �50 ..e uo 1 i 9A9 G3 �'?5 G3e q I f i I � 3.i d AI ✓ � _ I � _ I 0291 f 10000 �; I 02-1014 IF1- h 864.5a � 1 I Pt 0293 l0 0293. 01 1 Pt 60 581 �p 20 679 I !� _ I I I 0297 o * ~� 2 zdsuLo}1g 0298 0 Z0 I � 716 02-1 15 R 030303 u 030504 0 11, IB.J3 RO. f '•, a C. tk � 1 030601 '^ 3.71 1 Pt 0306 i a 1 � 1 1� I i F I Ix I DK I 1 I 1) ev FIl r g Tawny Lake Section 2 9228494 �. �. CONSENT TO ANNEXATION AND iI ;?IjWAIVER OF RIGHT TO REMONSTRATE ?U' k. In consideration of permission to tap into the public sanitary `tJ sewer system of the City of South Bend, Indiana, to provide sanitary r r sewer service to the following described property, (hereinafter referred to as the "Real Estate") , situated in St. Joseph County, .a Indiana: Key No. 02-1015-0306 A parcel of land being a part of the East Half of T,��€�:� I!# --, the Northwest Quarter of Section 19, Township 38 UnNorth, Range 3 East, Clay Township, St. Joseph €�a4e.�,-= County, Indiana and being more particularly described as follows: Commencing at the Southwest Corner of said East Half; thence North 89152126" East along the South line of said East Half, a distance of 97.88 feet to the East right-of-way line of Emmons Road; thence North 0002115" West along said East right-of-way line, a distance of 277.34 feet to a point of curvature; thence along a curve to the right having a radius of 758.62 feet and central angle of 39*05142" and limited in length by a chord which bears North 1913013611 East, a distance of 507.65 feet; thence North 39003'27" East along said East right-of-way line of Emmons Road, a distance of 98.02 feet to the place of beginning for this description; thence continuing North 39103127" East along said East right -of --way line, a distance of 533.26 feet; thence South 50156133" East, a distance of 282.70 feet; thence South 78018122" East, a distance of 24.50 feet; thence South 51032133" East, a distance of 230.79 feet; thence South 23007159" West, a distance of 577.08 feet; thence South 90000100" West, a distance of 150.00 feet to the East Corner of Tawny Lake First Replat Phase I as shown on Instrument Number 9130243 in the Office of the Recorder of St. Joseph County; Indiana, thence along said Replat for the next six courses, North 31002115" West, a distance of 292.00 feet; DULY ENTERED FOR TAXATION BEVERLY D. CRONE AUDITOR ST. JOSEPH CO. INDIANA thence North 07027141" East, a distance of 31.73 feet; thence North 31002115" West, a distance of 62.96 feet to a point of non -tangent curvature; thence along said curve to the left having a radius of 330.00 feet and a central angle of 4'21'06" and limited in length by a chord which bears South 71036'49" West, a distance of 25.06 feet; thence North 31°02'15" West, a distance of 134.83 feet; thence North 90000,00" West, a distance of 111.32 feet to the place of beginning containing 7.81 acres more or less. Portage Realty Corporation, 129 Dixie Way South, South Bend, Indiana 46637, 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. It is understood and acknowledged by Owner that the execution of this document binds Owner and all successors in title of the subject Real Estate to the terms hereof. 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. POREALTY CORPORAT N By RMDonald Ja ski Executiv ice President STATE OF INDIANA } } SS: COUNTY OF ST. JOSEPH ) Before me, the undersigned, a Notary Public in and for said State, personally appeared Donald Jankowski, Executive Vice President of Portage Realty Corporation, and acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and deed. 1992. and and Notarial Seal this c W day of V c U•5 , ion Expires: (J ('Written Signature) (Printed Signature) A resident of St. Joseph County, Indiana. ;rf *P )_ 'il'strument was prepared by Mary Hall Mueller, Assistant City A'torney, 1400 County -City Building, South Bend, IN 46601. BPW3/CONSENT4 I f I f -f I 0291 I 10000 Zt 1 I W PI 0293 l0 029 fin 60.361 I I I 1 I e- y -- - I, 0297 5��( 0298 4 - —�� - L 602 n02 35 `rl° h I � IJI I I 02-� IS 030503 n 030506 � I Is 16 33 0l LAJ fsa Of ---• VO �°� 0 \01 I I 030601 i� 3,71 6u� • h � Pr 0306 I I I ; � D,4RDEN 1 : W I i0 RD. \oj I r- 1 \fir O1� V r ' I.I I � i III ;.. J ''/� .�� ,��{:� �i ems% !F�"' f'`.r�.