HomeMy WebLinkAbout#2649- Deed; CONSENT TO ANNEXATION 37 feet of lot 59, lot 60 & 61�o50 lcl 1-4 to
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1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
Q_i Y OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
� OARD OF PUBLIC WORKS
February 2, 2001
Mr. and Mrs. Thomas Emery
4306 Hickory Road
Mishawaka, Indiana 46545
PHONE219/235-9251
FAx 219/235-9171
TDD 219/235-5567
RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE
Key Nos. 02-1050-1945, 02-1050-1946, 02-1050-1947.01
Dear Mr. and Mrs. Emery:
The Board of Public Works, at its October 9, 2000 meeting, approved the Consent to
Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph
County Recorder's Office on October 11, 2000.
A copy is enclosed for your records. Please don't hesitate to call me, if you have questions.
Sincerely,
Angelb, C erk
Board of Public Works
Enclosure
Id Recorded copy for:
Board of Public Works
CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
ID2i4773ER!
RECORDED ON
10-11-2000 3:35:40
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
In consideration for permission to tap into the public sanitary sewer system and/or water syEtEtU ofp Vity c+ ; oth
Bend, Indiana, to provide sanitary sewer service and/or water service to the following describpApWerty, (hereinafter
referred to as the "Real Estate"), situated in St. Joseph County, Indiana:
Key 902-1050-1945 #02-1050-1946
Key 902-1050-1947.01 SEWER AND WATER
37feet of Lot 59, Lot 60 and 61 Fulkerson Park Subdivision
Thomas E. and Kathy A. Emery Mailing address: Same
4306 Hickory Road
Mishawaka, IN 46545
Thomas E. and Kathy A. Emery, owners 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 objectto, 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 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 ail acceptance of the
foregoing provisions by said grantee, vendee, or contract purchaser and their successors in tide.
Thomas E. Emery Kathy A. Emery
Before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas and Kathy Entery and
they acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as their voluntary
act and deed.
STATE OF INDIANA )
) SS:
COUNTY OF.ST. JOSEPH )
WITNESS my han4Notarial eal thisDa of
ten Sig„atu>Cz
r _ (Printed
A resident of St. Joseph County, Indiana.
Comru'iission Expires:
APPRO v w
,duard of Publllc Works
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This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend,
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