HomeMy WebLinkAbout#2072- Deed; CONSENT TO ANNEXATION1
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CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
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 Numbers:
02-2023-0542
02-2019-0409
02-2019-040908
02-2019-040901
02-2019-040909
02-2019-040902
02--2019-040910
02-2019-040903
02-2019-040911
02-2019--040904
02-2019-049412
02-2019-040905
02-2019-040913
02-2019-040906
02-2019-040914
02-2019-040907
02-2019-040915
PARCEL NO. 1
A tract of land in a part of the Southeast Quarter and the
Northeast Quarter of the Southwest Quarter and a part of the
Northwest Quarter and the Southwest Quarter of the Southeast
Quarter all in Section 29, Township 38 North, Range 3 East,
Clay Township, St. Joseph County, Indiana, described as
follows: Beginning at the southwest corner of the Southeast
Quarter of the Southwest Quarter of said section, which corner
is marked with an iron and is also in the center line of
Douglas Road; thence North 0 degrees 28 minutes 50 seconds West
1,321.04 feet along the west line of said quarter -quarter
section to the southwest corner of the Northeast Quarter of the
Southwest Quarter of said section, which corner is marked with
a 10" x 10" concrete post; thence North 0 degrees 18 minutes 35
seconds West 1,015.65 feet along the west line of said quarter -
quarter section to the south boundary of the Northern Indiana
Toll Road; thence along said south boundary Northeasterly
464.69 feet along an arc to the left having a radius of
23,068.31 feet and subtended by a long chord having a bearing
of North 89 degrees 52 minutes 34 seconds East and a length of
464.68 feet; thence North 89 degrees 17 minutes 57 seconds East
2,183.24 feet along said south boundary to the east line of the
Northwest Quarter of the Southeast Quarter of said section,
which point is marked with a 5/8" deformed iron rod; thence
South 0 degrees 30 minutes 53 seconds East 1,003.45 feet along
said east line to the northeast corner of the Southwest Quarter
of the Southeast Quarter of said section, which corner is
marked by a stone and is also the southwest corner of Hagey -
Linda Addition, the plat of which is recorded in Plat Book 12,
page 142, in the Office of the Recorder of St. Joseph County;
thence South 0 degrees 32 minutes 00 seconds East 611.16 feet
along said east line to the center line of S.R. 23 (also known
as South Bend Avenue and/or Edwardsburg Road); thence South 42
degrees 48 minutes 55 seconds West 715.73 feet alone said
center line; thence along said center line Southwesterly 251.07
feet along an arc to the left having a radius of 1,432.39 feet
and subtended by a long chord having a bearing of South 37
degrees 47 minutes 40 seconds West and a length of 250.75 feet
to the south line of the Southwest Quarter of the Southeast
Quarter of said section; thence South 89 degrees 14 minutes 39
seconds West 684.23 feet along said south line (said line is
also the center line of Douglas Road West of S.R. 23) to the
southeast corner of the Southeast Quarter of the Southwest
Quarter of said section, which corner is marked with an iron;
thence South 89 degrees 14 minutes 14 seconds West. 1,321.73
feet along said south line to the point of beginning and
containing 136.351 acres, more or less.
PARCEL NO. 2
A tract of land in a part of the West Half of -the
Northeast Quarter of Section 32, Township 38 North, Range 3
East, Clay Township, St. Joseph County, Indiana, described as
folloois: Beginning at the northwest corner of said quarter
section, said corner is marked by an iron and is also in the
center line of Douglas Road; thence North 89 degrees 14 minutes
39 seconds East 684.23 feet along the north line of said
section to the center line of S.R. 23; thence along said center
line Southwesterly 296.08 feet along an arc to the left having
a radius of 1,432.39 feet and subtended by a long chord having
a bearing of South 26 degrees 51 minutes 09 seconds West and a
length of 295.55 feet; thence South 20 degrees 55 minutes 53
seconds West 678.61 feet along said center line to the center
line of Judy Creek; thence North 58 degrees 25 minutes 59
seconds West 348.47 feet along the center line of said creek to
'the west line of said quarter section, which point is South 0
degrees 55 minutes 10 seconds East 12.00 feet of a 5/8"
deformed iron rod in said west line; thence North 0 degrees 55
minutes 10 seconds West 706.15 feet along said west line to the
point of beginning and containing 9.120 acres, more or less
Bearings in the above descriptions are based on the bearing
produced from the centerline of the right-of-way for the
Indiana Toll Road.
North Central Indiana Medical Education Foundation, Post Office Box
4394, South Bend, Indiana 46634, 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 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.
APPROVED
BOARD OF PUR1IC WORKS
STATE OF INDIANA
COUNTY OF ST. JOSEPH
NORTH CENTRAL INDIANA MEDICAL
EDUCATION FO/UNDDAATION
By JLJ
David A. Kowalski, President
Attest:
By`
,Dr. Thomas Troeger, S retary
)
SS:
Before me, the undersigned, a Notary Public in and for said State,
personally appeared David A. Kowalski and Dr. Thomas Troeger, President
and Secretary, respectively, of the North Central Indiana Medical
Foundation, and acknowledged the execution of this Consent to
Annexation and Waiver of Right to Remonstrate as their voluntary act
and deed.
WITNESS my hand and Notarial Seal this day of
199
(Written Signature)
A/ t-/Z-
'(Printed Signature)
A resident of St. Joseph County,
Indiana.
My Commission Expires:
//- .1 1 - C 5-
This instrument was prepared by Mary Hall Mueller, Assistant City
Attorney, 1400 County -City Building, South Bend, IN 46601.
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