HomeMy WebLinkAbout#2064- Deed; CONSENT TO ANNEXATION Section 3, Part 1 and Part 2t3�,-O(�q
-Hold fo.r: South Bend Board of Public Works
Room 1308, County -City Building
South Bend, Indiana 46601
9351011-
riL:.t..
CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
(Stonehedge Estates - SeCtiOA,Qne)
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:
Key No. 14-1035-0590
Parcel #1:
A parcel of land being a part of the West Half of
`as
Section 32, Township 37 North, Range 3 East, Penn
Township, St. Joseph County, Indiana and being more
particularly described as follows:
'
Commencing at the southwest corner of the Northwest
North 0°00'00" East,
_l
Quarter of said Section 32; thence
line of said Section 32, a distance of
`=
along the West
662.88 feet to the northwest corner of the Plat of
Stonehedge Estates, Section One, recorded as Instrument
of St.
Number 8721016 in the Office of the Recorder
Indiana; thence South 89152128" East,
Joseph County,
along the North line of said Section One and its
projection, a distance of 340.00 feet to the place of
South
beginning for this description; thence continuing
a distance of
89052128" East, along said projection
924.34 feet; thence South 0007132" West, a distance of
318.46 feet; thence South 20,06141" West, a distance of
distance of
87.41 feet; thence South 14003131" West, a
South 81000,00" East, a distance of
40.16 feet; thence
299.96 feet; thence South 14,03131" West, a distance of
164.31 feet; thence South 01,03148" East, a distance of
distance of
30.00 feet; thence South 11025157" West, a
0003148" East, a distance of
112.25 feet; thence South
thence South 89056112" West, a distance of
500.00 feet;
598.52 feet; thence North 0107132" East, a distance of
169.25 feet; thence North 16007132" East, a distance of
distance of
229.44 feet; thence North 69007132" East, a
South 80052128" East, a distance of
74.34 feet; thence
114.10 feet; thence North 12°19153" East, a distance of
261.66 feet to a point of non -tangent curve; thence
of 430.00
along said curve to the left having a radius
a central angle of 03036138" and limited in
feet and
length by a chord which bears North 74008'10" West, a
distance of 27.09 feet; thence North 14,03131" East, a
distance of 30.00 feet; thence along a non -tangent
460.00 feet and a
curve to the right having a radius of
central angle of 04059'19" and limited in length by a
Ppcwhord which bears South 73126150" East, a distance of
40'.04 feet; thence North 14003131" East, a distance of
213.58 feet; thence North 81000100" West, a distance of
223.96 feet; thence South 84100100" West, a distance of
362.35 feet; thence North 82000100" West, a distance of
198.30 feet; thence South 30°00►00t, West, a distance of
35.23 feet; thence North 60°00'00" West, a distance of
30.00 feet; thence North 30°00'00" East, a distance of
41.83 feet; thence North 77°00'00" West, a distance of
95.40 feet, thence North 0°00'00" East, a distance of
335.63 feet to the place of beginning containing 46.6
acres, more or less.
Parcel #2:
A parcel of land being a part of the West Half of
Section 32, Township 37 North, Range and more
Penn
Township, St. Joseph County,
particularly described as follows:
Commencing at the southwest corner of the Northwest
Quarter of said Section 32; thence North 0°00100" East,
along the West line of said Section 32, a distance of
662.88 feet to the northwest corner of the Plat of
Stonehedge Estates Section 1, recorded as Instrument
Number 8721016 in the Office of the Recorder of St.
Joseph County, Indiana; thence South 89052128" East,
along the North line of said Section 1 and its
projection, a distance of 340.00 feet; thence
continuing South 89°52'28" East, along said projection
a distance of 924.34 feet; thence South 0007132" West,
a distance of 318.46 feet; thence South 20,06141" West,
a distance of 87.41 feet; thence South 14103131" West,
a distance of 40.16 feet; thence South 81°00100" East,
a distance of 299.96 feet; thence South 14003'31" West,
a distance of 164.31 feet; thence South 0003148" East,
a distance of 30.00 feet to the place of beginning for
this description; thence North 89°56112" East, a
distance of 91.84 feet; thence South 0000'00" East, a
distance of 110.00 feet; thence South 89056112" West, a
distance of 114.09 feet; thence North 11025157" East, a
distance of 112.25 feet to the place of beginning
containing 0.260 acres more or less.
ROJO Development, Inc., 5737 Ironwood Drive, South Bend, Indiana
46614, owner of the Real Estate, (hereinafter "Owner"),
or
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
Owner further agrees
instruments of conveyance
assigns shall contain the
herein, which provisions
Lily authorized ordinance.
that any deeds, contracts, or
made by Owner, its successors
waiver and release provisions
shall run with the land.
other
or
contained
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.
ROJO DEVELOPME T, INC.
By G
A. Ja H ckey, P/r sident
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, the undersigned, a Notary Public in and for said
State, personally appeared A. Jack Hickey, President of ROJO
Development, Inc., 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 3rd day of
Novemb?r , 1993.
(Written Signature)
rr
(Printed Signature)
A resident of St. Joseph County,
Indiana.
My`✓'Cc riin :Expires:
Consent': -to j:o
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
South Bend Board of Public Works
Room 1308, County -City Building
South Bend, Indiana 46601
CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
(Stonehedge Estates - Section One)
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:
Key No. 14--1035-0590
Parcel #1:
A parcel of land being a part of the West Half of
Section 32, Township 37 North, Range 3 East, Penn
Township, St. Joseph County, Indiana and being more
particularly described as follows:
Commencing at the southwest corner of the Northwest
Quarter of said Section 32; thence North 0000100" East,
along the West line of said Section 32, a distance of
662.88 feet to the northwest corner of the Plat of
Stonehedge Estates, Section One, recorded as Instrument
Number 8721016 in the Office of the Recorder of St.
Joseph County, Indiana; thence South 89052128" East,
along the North line of said Section One and its
projection, a distance of 340.00 feet to the place of
beginning for this description; thence continuing South
89052128" East, along said projection a distance of
924.34 feet; thence South 0107132" West, a distance of
318.46 feet; thence South 2000614111 West, a distance of
87.41 feet; thence South 14103131" West, a distance of
40.16 feet; thence South 811,00100" East, a distance of
299.96 feet; thence South 14103131" West, a distance of
164.31 feet; thence South 0103'48" East, a distance of
30.00 feet; thence South 11°25'57" West, a distance of
112.25 feet; thence South 0103148" East, a distance of
500.00 feet; thence South 89056112" West, a distance of
598.52 feet; thence North 0007132"-East, a distance of
169.25 feet; thence North 16007132" East, a distance of
229.44 feet; thence North 69007132" East, a distance of
74.34 feet; thence South 80152128" East, a distance of
114.10 feet; thence North 12119153" East, a distance of
261.66 feet to a point of non -tangent curve; thence
along said curve to the left having a radius of 430.00
feet and a central angle of 03036138" and limited in
length by a chord which bears North 741108110" West, a
distance of 27.09 feet; thence North 14003131" East, a
distance of 30.00 feet; thence along a non --tangent
curve to the right having a radius of 460.00 feet and a
central angle of 04°59'19" and limited in length by a
PPPPPch years South 73°26' 5011 East, a distance of
Cr wni thence North 14 03 31 East, a distance of
feet;
203 04 58 feet; thence North 81000'00" West, a distance of
96 feet; thence South 84000100" West, a distance of
362.35 feet; thence North 82100100" West, a distance of
198.30 feet; thence South 30000100" West, a distance of
35.23 feet; thence North 60000100" West, a distance of
30.00 feet; thence North 30°00'00" East, a distance of
41.83 feet; thence North 77°00'00" West, a distance of
95.40 feet, thence North 0000'00" East, a distance of
335.63 feet to the place of beginning containing 46.6
acres, more or less:
Parcel 42:
A parcel of land being a part of the West Half of
Section 32, Township 37 North, Range 3 East, Penn
Township, St. Joseph County, Indiana and more
particularly described as follows:
Commencing at the southwest corner of the Northwest
Quarter of said Section 32; thence North 0°00100" East,
along the West line of said Section 32, a distance of
662.88 feet to the northwest corner of the Plat of
Stonehedge Estates Section it recorded as Instrument
Number 8721016 in the Office of the Recorder of St.
Joseph County, Indiana; thence South 89°52'28" East,
along the North line of said Section 1 and its
projection, a distance of 340.00 feet; thence
continuing South 89,521281, East, along said projection
a distance of 924:34 feet; thence
006341"West,
West,
a distance of 318.46 feet; hence South 20
a distance of 87.41 feet: thence South 81°00'00"99.96 feet; thence south ��East,
hence south 14003131" West,
a distance of 40.16 feet;
a distance of 164.31 feet; thence South 0003148" East,
a distance of beginning for
a distance of 30.00 feet to the place of beg a g
this description; thence North 89056'12" East,
distance of 18OOffeet;thence thenceSouth South089o56�12EaWest, a
distance of10
distance of 114.09 feet; thence North 11°25'57" East, a
distance of 112.25 feet to the place of beginning
containing 0.260 acres more or less.
ROJO Development,
Inc., 5737 Ironwood Drive, South Bend, Indiana
46614, owner of the Real Estate, (hereinafter "Owner"), for
itself and its successors iwaives and
n title and assigns,
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
ewerooththe
Bend to allow Owner to tap into the public sanitary s
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
Y
th
furfu-Ore time by duly authorized ordinance.
er agrees that any deeds, contracts, or other
�eits of conveyance made by Owner, its successors or
snscx5 shall contain the waiver and release provisions contained
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.
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH
ROJO DEVELOPMENT, INC.
A. ck Hickey, Presi4fint
Before me, the undersigned, a Notary Public in and for said
State, personally appeared A. Jack Hickey, President of ROJO
Development, Inc., 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 3rd day of
November., 1993.
4 t
(Written Signature)
Kathleen R. Guthrie
(Printed Signature)
A resident of St. Joseph County,
Indiana.
My Commission Expires:
Dec. 3 1994
Consent.rojo
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
APPROVE®
BOARD OF PUBUr, 4'J[1RKS