HomeMy WebLinkAbout#2630- Deed; CONSENT TO ANNEXATION 46&47 Fernwood Phase One & Two-�)e-e_d --"r a (-��
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Hold Recorded copy for Board of Public Works
0028494
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 scr<,ice and/or water service to the following described propert her
referred to as the "Real Estate"), situated in St. Joseph County, Indiana: �.�>
(hereinafter
Talip Ahvay, President —� p
Alway Development Corporation
61679 Brocnpton Road
South Bend, IN 46617
Legal Description:
FERNWOOD PHASE TWO AND LOTS 46 AND 47 IN FERNWOOD PHASE ONE
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LOTS 46 AND 47IN FERNWOOD AT CLEVELAND, SECTION THREE SUBDIVISION AS RECORDED UNDER
INSTRUMENT NUMBER 9505755 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, DUNDER
INDIANA.
AND A PART OF THE EAST HALF OF THE NORTHWEST QUARTER AND A PART OF THE WEST HALF OF
THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP
ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 30, WHICH CORNER BEING MARKED
BY A BY A HARRISON MONUMENT (FLUSH WITH PAVEMENT); THENCE SOUTH 89 DEGREES 36
MINUTES 46 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE
OF 26.60 FEET TO THE NORTHEAST CORNER OF KEULT]ES MINOR SUBDIVISION AS RECORDED UNDER
INSTRUMENT NUMBER 7908336 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE SOUTH 0
DEGREES 12 MINUTES 36 SECONDS EAST ALONG THE EAST LINE OF SAID MINOR SUBDIVISION. A
DISTANCE OF 1313.60 FEET TO THE SOUTHEAST CORNER OF SAID MINOR SUBDIVISION, ALSO. BEING
THE SOUTHWEST CORNER OF ARNOLD'S SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE A-1,
IN SAID OFFICE OF RECORDER AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 26
MINUTES 07 SECONDS EAST ALONG THE SOUTH LINE OF SAID ARNOLD'S SUBDIVISION, A DISTANCE
OF 322.33 FEET TO A FOUND THREE-QUARTER INCH PINCH PIPE (0.1 FOOT ABOVE GROUND), WHICH
POINT BEING WEST 2.67 FEET FROM THE RECORD SOUTHEAST CORNER OF SAID ARNOLD'S
SUBDIVISION: THENCE SOUTH 0 DEGREES 33 MINUTES 23 SECONDS EAST, AD ISTANCE OF455.95 FEET
TO SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 9920448
IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 42 MINUTES 57 SECONDS EAST
PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 503.96 FEET TO A
POINT ON THE EAST LINE OF THE WEST 48.5 ACRES OF SAID WEST HALF; THENCE SOUTH 0 DEGREES
10 MINUTES 38 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 686.85 FEET TO A POINT ON
THE NORTHERLY LIMITED ACCESS RIGHT OF WAY OF THE EAST -WEST INDIANA TOLL ROAD;
THENCE NORTH 87 DEGREES 03 MINUTES 56 SECONDS WEST ALONG SAID TOLL ROAD RIGHT OF
WAY, A DISTANCE OF 1198.60 FEET TO A THREE-QUARTER INCH IRON PIPE MONUMENT M
THE SOUTHWEST CORNER OF A TRACT OFLAND AS RECORDED UNDER INSTRUMENT 9318537 ARKING
OFFICE OF SAID RECORDER; THENCE NORTH 0 DEGREES 02 MINUTES 00 SECONDS WEST, A DISTATHE
NCE
OF 4I5.68 FEET TO THE CENTERLINE OF KINTZ ROAD AS THE SAME IS SHOWN AND DESIGNATED ON
THE UNRECORDED PARTITION PLAT OF THE PETER J. KINTZ ESTATE; THENCE NORTH 0 DEGREES 20
MINUTES 45 SECONDS WEST, A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF A TRACT
OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 9422494 IN THE OFFICE OF SAID RECORDER,
WHICH POINT BEING EAST 2122.6 FEET (RECORD) AND NORTH 682.65 FEET
CORD) OF THE
; THENCE CONTINUING NORTH 0 DEGREES 0
MINUTES 45 SECONDS WEST, A DISTANCE OF 633.17 FEET TO A POINT ON THE SOUTH LINE OF
SOUTHWEST CORNER OF SAID NORTHWEST QUARTER
FERNWOOD AT CLEVELAND, SECTION THREE SUBDIVISION, AS RECORDED UNDER INSTRUMENT
NUMBER 9505755 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 32 MINUTES 08
SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 39.23 FEET TO THE SOUTHEAST CORNER
OF SAID FERNWOOD AT CLEVELAND: THENCE NORTH 0 DEGREES 12 MINUTES 36 SECONDS WEST
ALONG THE EAST LINE OF SAID FERNWOOD AT CLEVELAND, A DISTANCE OF 32.61 FEET; THENCE
SOUTH 45 DEGREES 08 MINUTES 09 SECONDS EAST, A DISTANCE OF 99.12 FEET; THENCE NORTH 89
DEGREES 56 MINUTES 06 SECONDS EAST ALONG AN EXISTING EAST/WEST FENCE, A DISTANCE OF
259.20 FEET TO AN EXISTING FENCE CORNER POST; THENCE NORTH 0 DEGREES 12 MINUTES 36
SECONDS WEST, A DISTANCE OF 38.61 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT
CONTAINING 24.927 ACRES, MORE OR LESS; AND,
SUBJECT TO ANY RESTRICTIONS, EASEMENTS, RIGHT OF WAY AND COVENANTS OF RECORD.
BEARING OF LINES ARE WITH REFERENCE TO THE STATE PLANE COORDINATE SYSTEM, RECORD
STATIONS NUMBERED 694 AND 688 AS MAINTAINED IN THE OFFICE OF COUNTY SURVEYOR OF SAID
COUNTY. SAID LINE BEARINGS ARE, ALSO, COUNTER -CLOCKWISE 0 DEGREES 23 MINUTES 14
SECONDS OF THE BEARING FOR THE EAST LINE OF SAID FERNWOOD AT CLEVELAND, SECTION
THREE SUBDIVISION.
FERNWOOD PH2 AND LOTS 46-47 IN PHI.doc
Talip AIway, Alway Development Corporation, owner of (lie 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 (lie 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
anther water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest
in the City of South Bcnd the permanent right, at the City's discretion,
duly authorized ordinance. to annex the Real Estate at any future time by
Ownerfurther 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 run with the land.
The delivery of an), instrument of conveyance from the Owner to any, successor, grantee, vendee orcontract 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.
TaIip Alway, President
Before me, the undersigned, a Notary Public in and for said State, personally appeared Pliyllis R.
acknowledged the execution of this Louderback and she
Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act
and deed.
STATE OF .INDIANA )
COUNTY OF ST. JOSEPH ) SS.
WITNESS my hand and Notarial Seal this
(Written S
%Yi55 cl -) _ (44.
Printed
resident of St. Joseph County, Indiana.
Commission Expires:
U
This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 46601.
ALIP [i ,
Board of Pubfi,�
JUN 12 2000 n
. A &
A28494
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CM OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
July 19, 2000
Mr, Steve Rudisell
Abonmarche Consultants of Indiana, LLC
1711 East McKinley
Mishawaka, Indiana 46545
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
Fernwood Phase II and Lots 46 and 47
Dear Mr. Rudisell:
PHONE219/235-9251
FAx 219/235-9171
TDD 219/235-5567
The Board of Public Works, at its June 12, 2000 meeting, approved your Consent to
Annexation and Waiver of Right to Remonstrate. It was also recorded with the St. Joseph County
Recorder's Office. A copy is enclosed for your records.
If you have any questions, please call me at (219) 235-9251.
Sincerely,
Angela . acoh, Cler
Enclosure
N0.369 p.1/3
3UN. 7.2000 6:27RM ABONMARCHE GROUP
oRnNnnARCHE CONSULTANTS OF INDIANA, L.L.C.
e.
1711 E. MclClnley Ave., Mishawaka, IN 46545 - T 219.255.8700 F 219,255.8837 I~ mshgaconmarc
Fort Wayne, IN
Benton Harbor, MI
Manistee. MI
Portage, MI
5t. Clair, MI
FAX TRANSMISSION
Number of pages being transmitted —3—. If all pages are not received, please call immediately
at 219-255-8700,
Hard copy to be mailed:
Architecture Engineering
Yes ❑
Land Surveying
Environmental Construction Services
28AM ABONMARCHE GROUP
NO.365 P.2i3
�; 07./01/00
LEGAL DESCRIPTION: FERNWOOD PHASE TWO AND LOTS 46 AND 47 IN
FERNWOOD PHASE ONE -
LOTS 46 AND 47 IN FERNWOOD AT CLEVELAND, SECTION THREE
SUBDIVISION, AS RECORDED UNDER INSTRUMENT NUMBER 9505755 IN THE
OFFICE OF THE ST. JOSEPH COUNTY RECORDER, INDIANA, AND A PART OF
THE EAST HALF OF THE NORTHWEST QUARTER AND A PART OF THE WEST
HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 38 NORTH,
RANGE 3 EAST, CLAY TOWNSHIP, ST_ JOSEPH COUNTY, INDIANA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THW NORTH QUARTER CORNER OT SECTION 30, WHICH
CORNER BEING MARKED BY A BY A HARRISON MONUMENT (FLUSH WITH
PAVEMENT); THENCE SOUTH 89 DEGREES 36 MINUTES 46 SECONDS WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, P_ DISTANCE OF
26.GO FEET TO THE NORTHZAST CORNER OF KEULTJES MINOR SUBDIVISION
AS RECORDED UNDER INSTRUMENT NUMBER 7908336 IN THE OFFICE OF
RECORDER OF SAID COUNTY; THENCE SOUTH 0 DEGREES 12 MINUTES 36
SECONDS EAST ALONG THE EAST LINE OF SAID MINOR SUBDIVISION, A
DISTANCE OF 1313.60 FEET TO THE SOUTHEAST CORNER OF SAID MINOR
SUBDIVISION, ALSO, BEING THE SOUTHWEST CORNER OF ARNOLD'S
SUBDIVISION AS RECORDED IN PLAT BOOK 18, PAGE A-1, IN SAID
OFFICE OF RECORDER, AND THE POINT OF BEGINNING; THENCE NORTH 89
DEGREES 26 MINUTES 07 SECONDS EAST ALONG THE SOUTH LINE OF SAID
ARNOLD'S SUBDIVISION, A DISTANCE OF 322.33 FEET TO A FOUND
THREE-QUARTER INCH PINCH PIPE (0.1 FOOT ABOVE GROUND), WHICH
POINT BEING WEST 2.67 FEET FROM THE RECORD SOUTHEAST CORNER OF
SAID ARNOLD'S SUBDIVISION; THENCE SOUTH 0 DEGREES 33 MINUTES 23
SECONDS EAST, A DISTANCE OF 455.95 FEET TO SOUTHWEST CORNER OF A
TRACT OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 9920448 IN THE
OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 42 MINUTES 57
SECONDS EAST PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST
QUARTER, A DISTANCE OF 503.96 FEET TO A POINT ON THE EAST LINE
OF THE WEST 48.5 ACRES OF SAID WEST HALF; THENCE SOUTH 0 DEGREES
10 MINUTES 38 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF
686.85 FEET TO A POINT ON THE NORTHERLY LIMITED ACCESS RIGHT OF
WAY OF THE EAST -WEST INDIANA TOLL ROAD; THENCE NORTH 87 DEGREES
03 MINUTES 56 SECONDS WEST ALONG SAID TOLL ROAD RIGHT OF WAY, A
DISTANCE OF 1198.60 FEET TO A THREE-QUARTER INCH IRON PIPE
MONUMENT MARKING THE SOUTHWEST CORNER OF A TRACT OF LAND AS
RECORDED UNDER INSTRUMENT 93IR537 IN THE OFFICE Off' SAID
RECORDER; THENCE NORTH 0 DEGREES 02 MINUTES 00 SECONDS WEST, A
DISTANCE OF 415.68 FEET TO THE CENTERLINE OF KINT2 ROAD AS THE
SAME IS SHOWN AND DESIGNATED ON THE UNRECORDED PARTITION PLAT OF
THE PETER J. KINTZ ESTATE; THENCE NORTH 0 DEGREES 20 MINUTES 45
SECONDS WEST, A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER
OF A TRACT OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 9422494
IN THE OFFICE OF SAID RECORDER, WHICH POINT BEING EAST 2122.6
FEET (RECORD) AND NORTH 682.65 FEET (RECORD) OF THE SOUTHWEST
CORNER OF SAID NORTHWEST QUARTER; THENCE CONTINUING NORTH 0
DEGREES 20 MINUTES 45 SECONDS WEST, A DISTANCE OF 633.17 FEET TO
A POINT ON THE SOUTH LINE OF FERNWOOD AT CLEVELAND, SECTION
THREE SUBDIVISION], AS RECORDED UNDER INSTRUMENT NUMBER 9505755
IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 32
MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF
39.23 FEET TO THE SOUTHEAST CORNER OF SAID FERNWOOD AT
CLEVELAND; THENCE NORTH 0 DEGREES 12 MINUTES 36 SECONDS WEST
ALONG THE EAST LINE OF SAID FERNWOOD AT CLEVELAND, A DISTANCE OF
32.61 FEET; THENCE SOUTH 45 DEGREES 08 MINUTES 09 SECONDS EAST,
A DISTANCE OF 99.12 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 06
I
28RM ABONMARCHE GROUP
N0.369 P.3/3
v5ECONDS EAST ALONG AN EXISTING EAST/WEST FENCE, A DISTANCE OF
259.20 FEET TO AN EXISTING FENCE CORNER POST; THENCE NORTH 0
DEGREES 12 MINUTES 36 SECONDS WEST, A DISTANCE OF 38.61 FEET TO
THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 24.927
ACRES, MORE OR LESS; AND,
SUBJECT TO ANY RESTRICTIONS, EASEMENTS, RIGHT OF WAY AND
COVENANTS OF RECORD.
SEARING OF LINES ARE WITH REFERENCE TO THE STATE PLANE
COORDINATE SYSTEM, RECORD STATIONS NUMBERED 694 AND 688 AS
MAINTAINED IN THE OFFICE OF COUNTY SURVEYOR OF SAID COUNTY. SAID
LINE BEARINGS ARE, ALSO, COUNTER -CLOCKWISE O DEGREES 23 MINUTES
14 SECONDS OF THE BEARING FOR THE EAST LINE OF SAID FERNWOOD AT
CLEVELAND, SECTION THREE SUBDIVISION.
FERNWOOD PH2 AND LOTS 46-47 1M PKI.doc