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HomeMy WebLinkAbout#2653- Deed; CONSENT TO ANNEXATION Lot 38, 39 & 40 on the side Main- S. of Pullingi)Ced Nd Z�o53 AVlvo Wu) V�w a-� SfrafiG� -tr Lf�j ivy C, f j i y t,�,, r 5 Si- 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS February 26, 2003 Ms. Maly Beth Wiseman 60645 South Main Street South Bend, Indiana 46614 PHONE 574l235-9251 Fax 574/235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE SEWER Dear Ms. Wiseman: The Board of Public Works, at its meeting held on May 24, 2002. approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on May 23, 2002. A copy is enclosed for your records. Sincerely, L Angela Jacob, Cler Enclosure WITNESS my hand and�y/N//!y/1�tarial Seal this /j Da of0-2002 t Indiana. My Commission This instrument was pre g eRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. QPV F:MATA\S1iARE1ENGINFERIW PDATASCONSCNTCOM.wpd F.1 VED �-of Public Works 1-Iold Recorded copy for B rd of Public Works RECORDED ON 05-23-2002 3:38:48 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 11.00 PAGES: 2 CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES In consideration for permission to tap into the municipal utility system (water and/or water) of the city of South Bend, Indiana, in order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key #01-1041-1045 Gilmer's South Michigan Street Addition Proposed, Lots 38,39, & 40 E side of Main Street, S of Pulling Street Mary Beth Wiseman 60645 South Main Street South Bend, IN 46614 SEWER ONLY Mailing Address: 6001 Miami Road South Bend, IN 46614 Mary Beth Wiseman, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future amiexation 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 municipal utilities (sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably 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. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates." The deliveryof 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. . , Mary Peth Wiseman STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Mary Beth Wiseman and she acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. WITNESS irty hand and N My Commission Seal this Da y of 2002 Indiana. This instrument was Indiana 46601. Assistant City Attorney, 1400 County -City Building, South Bend, A\S l4ARE\ENGINEER\wPDATA\CONSENTCOM.wpd _..� VED �b2'889�3 Public Works RECORDED ON Y 4 05-23-2002 3:38:48 TERRI J. REMAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 11.00 PAGES: 2 Hold Recorded copy for rd of Public Works CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES In consideration for permission to tap into the municipal utility system (water and/or water) of the city of South Bend, Indiana, in order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key #01-1041-1045 Gilmer's South Michigan Street Addition Proposed, Lots 38,39, & 40 E side of Main Street, S of Pulling Street Mary Beth Wiseman 60645 South Main Street South Bend, IN 46614 SEWER ONLY Mailing Address: 6001 Miami Road South Bend, IN 46614 Mary Beth Wiseman, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise 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 municipal utilities (sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably 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. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates." 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. CiJ�s Mary eth Wiseman STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Mary Beth Wiseman and she acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. WITNESS my hand aW tarial Seal this Da of L 2002 , A /7 /I Indiana, My Commission This instrument was prep eRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. r�:\DATA\S FLARE\ENGINEER\WPDATA\CONSENTCOM,wpd r-- CpND EXTENSION OF SEWER MAIN LINE owner of certain real estateSouth Bend Department South Main Street, Man, Beth Wiseman, the Owner") and the City of of Public Works Bend, Indiana, (hereafter,, South Be ,•City„� hereby agree as follows: (hereafter WHEREAS' the City extended a sewer main line pursuant lnOrdinance outh Bend, Indiana, is accessible to the subject real estate located at 60645 S. Ma which Marl as Lots 38, 39, and 40, Gilmer's South Michiganand Addition to the City described more part1cL y South Bend, Key Number O1-p141-1045, which realty is titled to of S ex the subject property to the WHEREAS, the Owner has filed a Voluntary Petition to Ann City of South Bend; and by the City to the Owner for use of actually annexed to WHEREAS, the costs sewer main line charged accessibl e to the subject realty are dependent upon whether the subject realty ty the City of South Bend. NOW, THEREFORE, the parties agree as follows: uldiana, the subject realty located at 60645 South M eiCStreof South Bend, South a with said (1) Provided that r first reading to the South Bend Common e Thousand Dollars Key Number 01-1041-1045, is ted fo and formally annexed within e Three Council on May 13, Petition for Annexation submit 2 the cost to owner for the extension of such sewer main line shall 200 , (S3,000). ition Annexation or if for any other reason, orate City limits by August 31, 2002, then (2) In the event that owner nex annexedwithin ethe corp for or non -City residential sewer the subject property is not fully be the cost to owner for such sewer CitlnO dinanceline sNu Berl 9179 0� to main line charges as set forth m Y City of South Bend, Board of Public Works: Gary Gilot, President Mary Beth Wiseman, Owner Dated: Carl Littrell, Member Donald R. Inks, Member Dated: My Commission �' � � � � i. .; �� .� �� 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS March 15, 2001 Ms. Mary J. Sullivan 60645 Main Street South South Bend, IN 46614 PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 �/✓ram RE: CONSENT TO ANNEXATION AND WAIVER Or RIGHT TO REMONSTRATE Key 4 01-1041-1045 tiG#.0 G(%1 Pii7 Z- Dear Ms. Sullivan: �L` ID t4-�t The Board of Public Works, at it's November 27, 20001 `L�1 KeLp r :nt to Annexation and Waiver of Right to Remonstrate. It was also rc ...... ....__ ____ _ _. _ _ _ _ _runty Recorder's Office. A copy is enclosed for your records. If you have any questions, please call me at (219) 235-9251. Sincerely, Angela K. Jacob, Clerk Enclosure ENGWEERiNG ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LrTMELL, P.E. JOHN J. DiLLON, PH.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 219/235-9316 FAx 219/235-9171 FAx 219/277-8980 FAx 219/235-9007 STREETS SAm, HENSLEY 219/235-9244 FAx 2191235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAx 219/235-9728 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BouLEvARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIR£CFOR OF PUBLIC WORKS March 15, 2001 Ms. Mary J. Sullivan 60645 Main Street South South Bend, IN 46614 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Key # 01-1041-1045 Dear Ms. Sullivan: PHONE219/235-9251 FAx 2191235-9171 TDD 219/235-5567 The Board of Public Works, at it's November 27, 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, 04� quh Angela K. Jacob, Clerk Enclosure ENGI[NURING EmuoNMENTAL SERvIcEs C£NrRAL SERVICES CARL LI TRELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 219/235-9251 219/277-8515 219/235-9316 FAx 219/235-9171 Fax 219/277-8980 FAx 219/235-9007 STREETS SAM HENSLEY 219/235-9244 FAx 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAx 219/235-9728 Recorded copy for: Board of Public Works 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, Indiana: Key #01-104I-1045 Lot located on the West side of Main Street South of Pulling Street. Lots 38, 39 S 40 in Gilhner's South Michigan Street Addition Mary J. Sullivan 60645 Main Street South South Bend, IN 46614 WATER & SEWER Mailing address: Patricia Bassett 16953 E. Whitaker Drive Unit F Aurora, CO 80015 Marl" J. Sullivan, owners of the Re«1 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 succcs�grs or assigns shall contain (lie waiver and release provisions contained herein, which provisions shalg•p with the I iwj. C'J0 ' The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee ofgontrac pmclip"er is subject to the terms of this document and the acceptance of such instrument shall constitute a►t•aclac��ofe trs foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. rr3 r2i0 @ 0 .. ntnu 0 0tri� �w rn�r�,t �' k � xsn-3 � o Mary J. Sullivan za t x I! Before me, the undersigned, a Notary Public in and for said State, personally appeared Mary J. Sullivan she acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as their voluntary act STATE OF INDIANA ) SS: COUNTY OF ST. 10SCPl I } WITNESS my hand and otarial Seal this Day of 6 t2000 I ,soa d of Pu-,Iic Lyi S (Written nature) Y P . �,•',` ;��,... Sri', .'•, \ (Printed) 20 4r . � ', A resident of St. Jose pit County,- 'liitn4'. 1 Corminission Expires: YtcL �g 203� ? ...,..1 This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.