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HomeMy WebLinkAbout#2114- Deed; CONSENT TO ANNEXATION 29736 U.S. 20- -?l) 319� APPROVED ' J,aard of 1'uh:ic 1'v urF, Hold Recorded copy for: Bo�u•d of Public Wor[cs 9830684 A, 14 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE In consideration for permission to tap into the public sanitary sewer system and/or water system of the city of South Bend, Indiana, to provide sanitary sewer service and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiamr ROBERT F. WIDUP & SUSAN E. WIDUP Key#12-1065-0840.02 29736 U.S. 20 NEW CARLISLE, INDIANA 46522 ROBrRT F. & SUSAN E. WIDUP ,New Carlisle, Indiana 46552, Owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title and assigns, waives and releases 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 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 and/or water of the City of South Bend, Owner, for themselves and their 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, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall nm 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 fore ing provisions by said grantee, vendee, or co�tract purchaser and their successors in title. obert F. Widup Sifsan E. Widup ,Before me Inc under igned, a Notary Public in and for said State, personally appeared ea DIP1?� dLL42 and acknowledged the execution of this Consent to Annexation and Waiver of Right ,,,to Remonstrate as his voluntary act and deed. 4JStiS my ha and o t, cal is Day of 1998. (co Wr' en Si nature} rinted _ L i5-, = < ' L ~ A resident of St. Joseph County, Indiana. 4. L7 '60111mission Expires: h `= STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH This instrument was prepared by Anne Brunel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. gs3oGS4 by Lu DEED OF DEDICATION LOT #4 BLACKTHORN CORPORATE OFFICE PARK MINOR #2 June 15, 1998 Mail Deed to: Mail Tax Bill to: Board of Public Works Same 1308 County -City Building 0� South Bend, Indiana 46601 U /\ DEED OF DEDICATION The City of South Bend Redevelopment Authority, its successors and assigns and any and all successors in the interest of the below decribed real property, (GRANTOR), conveys and dedicates for use as public right-of-way, to be known as "CRESCENT CIRCLE", to the City of South Bend, Indiana, by and through its Board of Public Works (GRANTEE), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, certain Real Property situated in St. Joseph County, Indiana, more particularly described as: A PART OF LOT 4 OF BLACKTHORN CORPORATE OFFICE PARK MAJOR SUBDIVISION #2, SECTION ONE, RECORDED AS INSTRUMENT NUMBER 9825706 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA, BEING IN THE NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 20 AND THE NORTHEAST AND SOUTHEAST QUARTERS OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE NORTH 0 DEGREES 14 MINUTES 09 SECONDS WEST, A DISTANCE OF 49.67 TO THE NORTH RIGHT-OF-WAY LINE OF NIMTZ PARKWAY AND BEING ON A POINT OF CURVATURE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 710.00 FEET, A CENTRAL ANGLE OF 97 DEGREES 35 MINUTES 11 SECONDS, AND A CHORD OF 1,068.32 FEET BEARING NORTH 31 DEGREES 58 MINUTES 37 SECONDS EAST; THENCE ALONG SAID NIMTZ PARKWAY RIGHT-OF-WAY LINE FOR THE NEXT THREE COURSES, NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 1,209.27 FEET TO A POINT OF TANGENCY; THENCE NORTH 16 DEGREES 48 MINUTES 59 SECONDS WEST, A DISTANCE OF 185.73 FEET TO A POINT OF TANGENT CURVATURE, CONCAVE TO THE EAST, HAVING A RADIUS OF 790.00 FEET, A CENTRAL ANGLE OF 54 DEGREES 52 MINUTES 23 SECONDS, AND A CHORD OF 728.01 FEET BEARING NORTH 10 DEGREES 24 MINUTES 58 SECONDS EAST; THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 756.59 FEET TO THE POINT OF BEGINNNING AND A POINT OF TANGENT CURVATURE, CONCAVE TO THE WEST, HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 80 DEGREES 10 MINUTES 11 SECONDS, AND A CHORD OF 38.64 FEET BEARING NORTH 2 DEGREES 13 MINUTES 56 SECONDS WEST; THENCE LEAVING SAID NIMTZ PARKWAY RIGHT-OF-WAY LINE, NORTHWESTERLY ALONG SAID CURVE A DISTANCE OF 41.98 FEET TO A POINT OF TANGENCY; THENCE NORTH 42 DEGREES 19 MINUTES 01 SECONDS WEST, A DISTANCE OF 272.04 FEET TO A POINT OF TANGENT CURVATURE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 110.00 FEET, A CENTRAL ANGLE OF 180 DEGREES 00 MINUTES 09 SECONDS, AND A CHORD OF 220.00 FEET BEARING NORTH 47 DEGREES 40 MINUTES 54 SECONDS EAST; THENCE NORTHWESTERLY AND SOUTHEASTERLY ALONG SAID CURVE A DISTANCE OF 345.58 FEET TO A POINT OF TANGENCY; THENCE SOUTH 42 DEGREES 19 MINUTES 01 SECONDS EAST, A DISTANCE OF 272.04 FEET TO A POINT OF TANGENT CURVATURE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 80 DEGREES 10 MINUTES 11 SECONDS, AND A CHORD OF 36.64 FEET BEARING SOUTH 82 DEGREES 24 MINUTES 06 SECONDS EAST; THENCE SOUTHEASTERLY ALONG SAID CURVE A DISTANCE OF 41.98 FEET TO A POINT OF TANGENT CURVATURE AND SAID NIMTZ PARKWAY RIGHT-OF-WAY LINE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 790.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 39 MINUTES 36 SECONDS, AND A CHORD OF 269.76 FEET BEARING SOUTH 47 DEGREES 41 MINUTES 04 SECONDS WEST; THENCE ALONG SAID NIMTZ PARKWAY RIGHT-OF-WAY LINE, SOUTHWESTERLY ALONG SAID CURVE A DISTANCE OF 271.08 FEET TO THE POINT OF BEGINNING, CONTAINING 1.919 ACRES, MORE OR LESS, AND SUBJECT TO PUBLIC RIGHTS -OF - WAY, EASEMENTS, COVENANTS, AND RESTRICTIONS OF RECORD. ED OF DEDICATION FOR CRESCENT CIRCLE - - PAGE 2 - Subject to all easements and encumbrances of record. Executed this 15th day of ATTEST: GRANTOR CITY OF SOUTH BEND RED v Carolyn Pfote hauer, June E =MENTUTHORITY 1 e President A/POO Secr tars e Alvarez STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me a Notary Public in and for said p ountynand State, personally appeared Carolyn Pfotenhauer, Alvarez Secretary, for the City cf South Bend Redevelopment Authority, and acknowledged the executi5th odathgoing Deed of Juner as their voluntary act and deed this Y 1998 My Commission Expires: a - )� - Q'09 ACCEPTANCE: CITY OF S Not L ry Pu 1'c Residing St. Joseph County, Indiana OF PUBLIC WORKS —Tames R. Caldw�e^ll, President Lewis N. Powell, Me n M. at erine Roemer Member This instrument was prepared by: Abonmarche Consultants, Inc., 1711 E. McKinley Avenue, Mishawaka, Indiana, 46545. crescent circle deed of dedication.doc