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HomeMy WebLinkAbout#2071- Deed; CONSENT TO ANNEXATION 20645 Ireland Road�-, 0�6 , , Indiana Waste Systems, Inc. Ireland Road Extension S 30,1914 jt l i 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. 01-1014-0298.02 and 01-1014-0299 A parcel of land in the Northwest 1/4 of Section 26, Township 37 North, Range 2 East, St. Joseph County, Indiana, more particularly described as follows: A part of Lot Numbered Six (6), which is =- the 1/6 part of the Northwest 1/4 of said Section Y 26, bounded by lines running as follows: Beginning g at the intersection of the center line of Keria Trail with the South line of the Northwest 1/4 of said Section 26; running thence East along said South line 1202.5 feet to a point 600.41 feet West of the Southeast corner of the Northwest 1/4 of said Section 26 (Being the West line of a tract of land conveyed by George H. Walz and Nellie P. Walz, husband and wife, to Helen M. Walz, dated January 18, 1923 and recorded July 9, 1923 in Deed Record 178, page 443); thence North parallel with the East line of the Northwest 1/4 of said Section 26 a distance of 435.3 feet to the North line of said Lot Numbered Six (6); thence West along the North line of said Lot Numbered Six (6) a distance of 1131.87 feet to the center of said Keria Trail; thence Southwesterly along said center line 441.0 feet to the point of beginning. Part of the Northwest Quarter (1/4) of Section Twenty-six (26), Township Thirty-seven (37) North, Range Two (2) East, described as beginning at a point on the East line of said Northwest Quarter (1/4), Thirty-three (33) chains and thirty-three and one-third (33 1/3) links South of the Northeast corner thereof; running thence West Thirty -Six (36) rods; thence South Six (6) chains and Sixty-six and two-thirds (66 2/3) links to the South line of said Northwest Quarter (1/4), thence East along said South line Thirty-six (36) rods to the Southeast corner of said Northwest Quarter (1/4); thence North Six (6) chains and Sixty-six and Two Thirds (66 2/3) links to -the place of beginning, containing Six (6) acres. Said Six (6) acres are taken off of and from the entire width of the East I� end of Lot numbered Six (6) in the Northwest Quarter (1/4) of Section Twenty-six (26), Township Thirty-seven (37) North, Range Two (2) East, which lot Six (6) is the South One -sixth (1/6) of said Quarter Section, in St. Joseph County, Indiana. Indiana Waste Systems, Inc., 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. INDIANA WASTE SYSTEMS, INC. by Donald R. Price, President A4, L) Dennis M. Wilt, Secretary STATE OF �I�fB A£FA' � LINO I s ) SS: COUNTY OF ST . JeSEPFf Lcx_•K ) Before me, the undersigned, a Notary Public in and for said State, personally appeared Donald R. Price and Dennis M. Wilt, 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 Seal this 1992. My Commission Expires: `1-3 `5 day of 1.-voit 3 tten Signature) (Printed Signature) " OFFICIAL SEAL " JAMES L. LANGE NOOT/iRY PUBLIC. STATE Or ILLit;OIS t PR COPiiNUSSIO.14 EXPIRES 3/26/93 This instrument was prepared by Mary Hall Mueller, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. BPW4/CONSENT3 3. PLF '93