The URL can be used to link to this page

Home My WebLink About#2065- Deed; CONSENT TO ANNEXATION U.S. 20 Westo 09 :)IZ 83 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE in consideration of permission to tap into the sewer system of the City of South Bend, Indiana, to sewer service to the following described property, Joseph County, Indiana: public sanitation provide sanitary situated in St. PARCEL I Key No. 04-1022-0383.07 A part of the East Half (1/2) of the Southeast Quarter (1/4) of Section Thirty-two (32), Township Thirty-eight (38) North, Range Two (2) East, described as beginning at a point on the West line of said East Half (1/2) of the Southeast Quarter (1/4) Ten Hundred Forty-three and Ninety-four Hundredths (1043.94) feet North of the Southwest corner thereof, running thence East along the North line of a proposed street Three Hundred Sixty-one and Seventy-eight Hundredths (361.78) feet; thence North Five Hundred Fourteen and Eighty-five Hundredths (514.85) feet to the Southerly line of a road known as Lincoln Highway; thence Westerly along said Southerly line of Lincoln Highway, Three Hundred Ninety-three and Eighty-one Hundredths (393.81) feet to the West line of the East Half (1/2) of the Southeast Quarter (1/4) of Section Thirty-two (32); thence South along said West line Six Hundred Sixty-six and One Tenth (666.1) feet to the place of beginning. PARCEL II Key No. 04-1022-0383.09 Also, part of the East Half (1/2) of the Southeast Quarter (1/4) of Section Thirty-two (32), Township Thirty-eight (38) North, Range Two (2) East, described as beginning at a point Four Hundred Fifty-two (452) feet South and Two Hundred Five (205) feet West of the intersection of the center line of the Moss Road and the center line of Lincolnway West, running thence West Seventy-five (75) feet; thence North parallel with the Moss Road Five Hundred Sixty-nine and Six Hundredths (569.06) feet to the center of Lincolnway West; thence Southeast with the center of Lincolnway West Eighty --one and Thirty-seven Hundredths (81.37) feet; thence South parallel with the Moss Road Five Hundred Thirty-seven and Nine Tenths (537.9) feet to the place of beginning. PARCEL III Key No. 04-1022-0378.01 Also, part of the Northwest Quarter (1/4) of the Southeast Quarter (1/4) of Section Thirty-two (32), Township Thirty-eight (38) North, Range Two (2) East, described as beginning at the Southeast corner of the Northwest Quarter (1/4) of the Southeast Quarter (1/4) of said Section Thirty-two (32); thence North Three Hundred Eighty-nine and Four Tenths (389.4) feet to the South line of Lincolnway West (U.S. Highway 020); thence in a Northwesterly direction along said South line of said Highway, Fifty (50) feet; thence in a Southerly direction to a point on the South line of said Northwest Quarter (1/4) of the Southeast Quarter (1/4), Fifty (50) feet West of the beginning point; thence East along said line to the place of beginning, St. Joseph County, Indiana. Also: Lot Numbered One Hundred Forty-two (142), [Key No. 04-1038-07641, One Hundred Forty-three (143), [Key No. 04-1038-0762], and One Hundred Forty-four (144), [Key No. 04-1038-0760.01]], as shown on the recorded Plat of Lincoln Highlands Addition to the City of South Bend, recorded October 30. 1928, in Plat Book 13, pages 6-7 and recorded March 12, 1929, in Plat Book 13, page 44, [hereinafter collectively refered to as the "Real Estate"]. Paul L. Martin and Ronny L. Shrum, owners of the Real Estate, [hereinafter "Owners"], for themselves, their successors in title and assign, waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation by the City of South Bend of the Real Estate. 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, Owners, for themselves, their successors and assigns agree hereby to vest in the City of South Bend the permanent right, at its discretion, to annex to the City of South Bend at any future time by duly authorized ordinance the Real Estate. Owners further agree that any deeds, contracts, or other instruments of conveyance made by Owners, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land and the acceptance and delivery of such instrument from Owners, their successors and assigns, any grantee, vendee, or contract purchaser,, shall be made subject to the terms of this contract and shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their success--s int.tle. ' aul L L. Mart"in � Ronny L ✓Shrum STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said State, personally appeared Paul L. Martin and Ronny L. Shrum, and acknowledged the execution of the same as their voluntary act and deed. WITNESS my hand and Notarial Seal this T/71 day of cc[su 5i , 1991. n, �C �- A. c u ( Written Siri-a:rure ) My Commission Expires: ';L- i 9 - CfV This instrument was prepared by Jenny Pitts Manier, Chief Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. REDE4/CONSENT APPROVED BOARD OF PUBLIC WORKS -� NIMr 71991 IFit h -�. , pI q , L I �U�w-Atl) PDEpARTMENT OF PUBLIC WORKS INFER _ OFFICE MEMO TO: Board of Pu�E Works Sr. FROM: Larry D• P adlin,ide Engineering AOf Right To Remonstrate SU BJECT: Consent To Annexation And Waiver DATE: September 24, 1991 e t this recorded document to be placed I request the Board acc within the Clerk's Office• in a newly created file LDS:slc11 PUBLIC WORKS FILE MEMO TO: Board of P b ,c Works FROM: Larry D. Sp adlin, Sr. Engineering Aide SUBJECT: Consent To Annexation And Waiver Of Right To Remonstrate DATE: September 24, 1991 I request the Board accept this recorded document to be placed in a newly created file within the Clerk's Office. LDS:slcll r•_ . 9IZ3683 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE In consideration of permission to tap into the sewer system of the City of South Bend, Indiana, to Sewer service to the following described property, Joseph County, Indiana: public sanitation provide sanitary situated in St. PARCEL I Key No. 04-1022-0383.07 A part of the East Half (1/2) of the Southeast Quarter (1/4) of Section Thirty-two (32), Township Thirty-eight (38) North, Range Two (2) East, described as beginning at a point on the West line of said East Half (1/2) of the Southeast Quarter (1/4) Ten Hundred Forty-three and Ninety-four Hundredths (1043.94) feet North of the Southwest corner thereof, running thence East along the North line of a proposed street Three Hundred Sixty-one and Seventy-eight Hundredths (361.78) feet; thence North Five Hundred Fourteen and Eighty-five Hundredths (514.85) feet to the Southerly line of a road known as Lincoln Highway; thence Westerly along said Southerly line of Lincoln Highway, Three Hundred Ninety-three and Eighty-one Hundredths (393.81) feet to the West line of the East Half (1/2) of the Southeast Quarter (1/4) of Section Thirty-two (32); thence South along said West line Six Hundred Sixty-six and One Tenth (666.1) feet to the place of beginning. PARCEL II Key No. 04-1022-0383.09 Also, part of the East Half (1/2) of the Southeast Quarter (1/4) of Section Thirty-two (32), Township Thirty-eight (38) North, Range Two (2) East, _ described as beginning at a point Four Hundred Fifty-two (452) feet South and Two Hundred Five (205) feet West of the intersection of the center line of the Moss Road and the center line of Lincolnway West, running thence West Seventy-five (75) feet; thence North parallel with the Moss Road Five Hundred sixty-nine and Six Hundredths (569.06) feet to the center of Lincolnway West; thence Southeast with the center of Lincolnway West Eighty-one and Thirty --seven Hundredths (81.37) feet; thence South parallel with the Moss Road Five Hundred Thirty-seven and Nine Tenths (537.9) feet to the place of beginning. ti_ Key No. 04-1022-0378.01 PARCEL III part of the Northwest Quarter (1/4) of the Also t Quarter (1/4) of Section Thirty-two (32), soutbe. Thirty-eight (38) North, Range Two (2) Towns described as beginning at the Southeast corner of the Northwest Quarter (1/4) of the uarter (1/4) of said Section Thirty Southeast Q--two (32)% thence North Three Hundred Eighty-nine and Four Tenths (389.4) feet to the South line of Lincolnway West (U.S. Highway #20); thence in a Northwesterly direction along said South line of said Highway, Fifty (50) feet; thence in a Southerly direction to a point on the South line of said Northwest Quarter (1/4) of the southeast Quarter (1/4), Fifty (50) feet West of the point; thence East along said line to the beginning P st, Joseph County, Indiana. place of beginning, Also: two (142) , [Key No. Lot Numbered One Hundred Forty-three (143), [Key 04_1038_07641, One Hundred Forty- four 04-1038-0762], and One Hundred Forty-four on the No. No. 04-1038-0760.O1j7, (144), [Key Highlands Addition to the Plat of recorded October 30. 1928, in recordedgouth Bendr recorded Heg ecorded March 12, City of 6-7 and r Plat Book 13, pages hereinafter 1929, in Plat Book 13, page 44, [ collectively refered to as the It Estate"1. Shrum, owners of the Real Estate, and Ronny L. their successors in title and Paul L. Martin ++ for themselves, may now or ++owners ], and all right which they [hereinaf ter release any or otherwise object to, assign► waive and a ainst have to remonstrate ending or future annexation by the hereafter with, or oppose any P of the Real Estate. interfere of South Bend of south Bend to and City of to induce the City zn further cons?ntoathenPublic sanitation sewer of the City of Owner to tap into themselves, their successors and allow owners, of South Bend the P future South Bend, Vest in the City of South Bend at any agree hereby tpon, to annex to the City at its discre ordinance the Real Estate. time by duly authorized or other that any deeds, contracts, further agree Owners, their successors or assigns owners of conveyance made by entsconin the waiver and release provisions contained herein, shag the land and the acceptance and shall provisions shall run with their successors and which provisions instrument from Owners, of such vendee, or contract purchaser_, shall be made delivery any grantee, assigns, contract and shall constitute an t�s ons by said grantee, vendee, or �m5 Ogo� ng psuccess subyee non o a5e� aul L. Martin cnntz ct pur�n �! ,ram•-� Ronny L Shrum STATE OF INDIOA COUNTY OF ST. JOSEPH SS: Before me, the undersigned, a Notary Public in and for said State, personally appeared Paul L. Martin and Ronny L. Shrum, and acknowledged the execution of the same as their voluntary act and deed. WITNESS my hand and Notarial. Seal. this 1, day of 1991. My commission ExPires: This instrument was City Attorney. 1400 1EDE4/CONSENT prepared by County -City Written,tS . ri�;e (p in 64:i'gnature4C / 5` C �j .' s 11 •l_ '��1rl;1171111 _ Pitts Manier, chief Assistant Jenny Building, South Bend, IN 46601. APPROVED BOARD Uf PUBLIC WORKS i991 / f, oo I,,- terms of this contract and shall constitute an a $nte of the foregoing provisions by said grantee, vendee, or purchaser and their sucYiaul s in/ tile. L. Mart'in Ronny L Shrum STATE OF INDIANA SS: COUNTY OF ST. JOSEPH Before me, the undersigned, a Notary Public in and for said State, personally appeared Paul L. Martin and Ronny L. Shrum, and acknowledged the execution of the same as their voluntary act and deed. WITNESS my hand and Notarial Seal this day of 1991. My Commission -/Expires: ( Written ,5, ' 3a� e } ignature.)k `' ° f_ This instrument was prepared by Jenny Pitts Manier, Chief Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. REDE4/CONSENT APPROVED BOARD OF PUBLIC WORKS LJ -71991 LY