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Home My WebLink About#2683- Deed; CONSENT TO ANNEXATION Sewer and Water-NW corner of U.S. 31 Kern Road�n`�� 4-,c, f� ti-�,--Txc ;,V L o n at- �Y C 7 cq'�- 03co" �� W 1 ri cl 2 l CA. S. (C c I l i ---- 0 e-t 1. 1316 COUNTY -CITY BUILDING 2Z7 W. JEFFERSON BOULEVARD SOUTH BEND, 1NDIANA 46601-1830 CITY OF SOUTH BEND STEPliEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. G1LOT, P.E. DIRECTOR OF PUBLIC WORKS August 28, 2001 Mark J. and Linda E. Malstaff 60981 U.S. 31 South South Bend, Indiana 46614 PHONE219/235-9251 FAX 219/235-9171 TDD Z19/235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE WATER AND SEWER Key No. 01-1017-0369 & 01-1017-0369.01 Dear Mr. and Mrs. Malstaff: The Board of Public Works, at its public agenda session held on May 10, 2001 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 May 11, 2001. A copy is enclosed for your records. Please don't hesitate to call me, if you have questions. Sincerely, Angela . Jacob, qCle Board of Public Works Enclosure ENGINEERING ENviRONMEwAL SERVICES CENTRAL SERVICES CARL Lm-RELL, P.E. JOHN J. DILLON, PH.D. MATT CHLE90WSKI 219/235-9251 219/277-8515 219/235-9316 FAx 219/235-9171 FAX Z19/277-8980 FAX 219/235-9007 -1 4yZ, •�i/• 'f : i'�cf 1 ( ten Signature) A resident of St. Joseph County, Indiana. Commission Expires: � —(o c: -C) d e STREETS SAM HENSLEY 219/235-9244 FAX 219/235-9272 WATER WORKS JOHN F. STANCATI 219/235-9322 FAX 219/235-9728 APPRON' Ell Board of Public Works This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 6� �. 0 1 2092E5 RECORDED ON 05--11--2001 10 :13 :13 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 9.00 PAGES: 1 Hold Recorded copy f r: 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"), satiated in St, Joseph County, Indiana: Key #01-1017-0369 & 01-1017-0369.01 SEWER AND WATER Northwest corner of US 31 South and Kern Road, Mark J. and Linda E. Malstaff Mailing Address: Same 60981 US 31 South South Bend, IN 46614 Mark J and Linda E. Malstaff, 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 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 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. As indicated on the Grant of Easement between the Owner and the City of South Bend, signed the 22"`' day of January, 2001, these properties are exempt from City annexation and taxation for a period of five (5) years. �e Mark J. Malstaff JLida E. Malstaff Before me, the undersigned, a Notary Public in and for said State, personally appeared Mark J. Malstaff and Linda E. Malstaff and they acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and deed. STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) I S hand and Notarial Seal this Day of -fl00 sa4It, ten Signature) APPRON;!,D • �� , : �1)� / 2 {� � Roared of publio Works rt'•rrrj r; -• _. \ (1>rinLact) r.: ��`,_� _;�•.,..!S A resident of St_ Joseph County, rndiana. •�;�'• -" �• t� 2 Commission Expires: I d'c) 6 C 'this inst-rument was prepared by Michelle Engel, Assistant City Attorney. 1400 County-City.Building, South Bend, Indiana 46601. GRANT OF EASEMENTS EXTENSION OF SANITARY_�EWE�AND SOUTH WATER LINE THIS INDENTURE made this 9day o 004, by and between Mark J. Malstaff and Linda E. Malstaff, (Grantors) 60981 U . 31 Sout South Bend, 1N 46614 and the Civil City of South Bend, Indiana, by and through its Board of ublic Works (Grantee), in favor of the Civil City of South Bend, its successors and assigns. WITNESSETH: That for the following terms and other good and valuable consideration, the receipt of which Grantors hereby acknowledge, Grantors hereby grant, convey, and warrant to Grantee temporary and permanent easements of the nature and at the location hereinafter set forth as described for the installation, construction, operation, maintenance, adjustment, replacement, repair, alteration, removal, modernization, and use of sewer systems, water line and related facilities, together with the right of ingress to and egress from said easement for the purpose of installing, constructing, operating, maintaining, adjusting, replacing, repairing, altering, removing, and modernizing said system and other equipment or facilities incident thereto, in, upon, over and under the following described real estate in St. Joseph County, State of Indiana, briefly described as follows: SEE EXHIBIT "F" AS PART OF OVERALL SCHEME SEE EXHIBIT "A" Grantee hereby agrees to: • Not alter or change any signage that is currently on the property at 60981 U.S. 31 South, South Bend, Indiana. • Grantee agrees not to interfere with Grantors parking of vehicles on the easement after utility construction is completed. • The Grantee agrees that, for a peribd of five years from the signing of this agreement, the property at 60981 U.S. 31 South, South Bend, Indiana, will be exempt from City annexation and taxation. • The Grantee agrees that any and all construction damage to property will be repaired or replaced by May 1, 2001. • By April 1, 2001, Grantee agrees to put out the bidding for the hook-up of all utilities and services to 60981 U.S. 31 South, South Bend, Indiana and at the discretion of the Grantee shall choose a contractor to do the hook-up and facility work at that address at no cost to Grantor. All work is to be completed and services to be fully functional to facility no later than May 1, 2001. When City water and sewer services are available to the area encompassing 20047 Kem Road, the City will supply a tap at no charge. The easements granted herein shall pertain to the air surface and subsurface rights and interests of the Grantors, for the use and benefit of the Grantee, to the nature and extent that the Grantee may desire said air, surface and subsurface rights and interests to accomplish and carry out the general purpose of this conveyance as the same has hereinabove been expressed. The easements hereby granted are for the exclusive benefit of the City of South Bend, Indiana, and expressly include the right and privilege at reasonable times to clean and remove from said easements such timber, brush, debris, or other obstructions interfering with the sewer systems and water line. The Grantee shall restore that area disturbed by its works to as near the original condition as possible. The Grantors reserve the right to use and occupy the surface area on and over the easements provided that said use and occupancy does not in any way conflict or obstruct the Grantee's right to use said surface for the purposes and intentions hereinabove expressed. The easements granted herein and the associated benefits and obligation, shall constitute covenants running with the real estate, and shalt be binding upon the Grantors and be an obligation thereof of every person or entity now or hereafter having any fee, leasehold, or other interest in all or any part of the said real estate. This indenture shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. The Grantors hereby covenant with the City of South Bend that they are lawfully seized and possessed of the parcel of real estate hereinabove described; that they have good and lawful right to convey and that the property is &ee of all encumbrances that would conflict with the right herein granted. The Grantors hereby release any and all claims from whatsoever cause, incidental to the exercise of any rights herein granted. IN WITNESS WHEREOF, Grantors have executed this Grant of Easements for sanitary sewer system and water line on the date shown on the acknowledgment set forth herein. GRANTORS: Mark J. M staff GRANTEE: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS A10-b �,a /6ZL�. Gary A. Gilot, President ..E. Malstaff `M. C Itherme Roemer, Mem er D riald E. Inks, Member AM r