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Home My WebLink About#2712- Deed; CONSENT TO ANNEXATION Northeast corner of Pine Road and Edison Road� � Ii)i- 7 5 i iA I 1 f' 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SouTH .BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 10, 2001 Mr. Peter Deputy, President Pine Edison Park LTD. 4302 Lathrop Drive South Bend, Indiana 46628 PHONE219/235-9251 FAx 219/235-9171 TDD 219/235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE SEWER AND WATER Dear Mr. Duputy: The Board of Public Works, at its public agenda session held on October 4, 2001, approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on June 6, 2001. A copy is enclosed for your records. Please don't hesitate to call me, if you have questions. Sincerely, le Angela . Jacob,qCle Board of Public Works Enclosure WITNESS my hand and tarial Seal this c �'l Day of I ' 2001 ( r tten Signatu 4< jo, ct) L3 (Printed A resident of St. Joseph County, Indiana. Commission Expires: I _. 0 %10 6 g This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 0 1 253c3-7 RECORDED ON Board of i'ili;ii:; ',,r:::. 06-06-2001 8:33:41 'jj TERRI J. RETHLAKE �-4T O L�ica` /] J ST. JOSEPH RECORDER j REC. FEE: 9.00 PAGES: 1 Hold Recorded copy far Board o Puaat�t;i SENT 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: Legal Description: That part of the Southwest Quarter of Section 31, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana which is described as follows: Beginning at the Southwest Corner of the Southwest Quarter of said Section 31; thence N 0050'03 East along the West lind of said Section and the centerline of Pine Road, 2638.70 feet (Recorded N 00 16' 52" West, 2639.23 feet); thence South 89 20' 15" East along the North line of the Southwest Quarter of said section, 1213.64 feet (Recorded North 89 57' 05" East); thence South 01 19' 02" East, 2641.34 feet to the South line of said Section 31 and the Centerline of Edison Road; thence North 89 IT 26" West along said South line and Centerline (Recorded North 90 00" 00" West), 1312.79 feet to the place of beginning. Containing 76.535 Acres, more or less, and comprised of three (3) lots. Subject to all legal highways, easements and restrictions or record. The property is more commonly referred to as Pine Edison Park Limited Phase One Minor Subdivision, Instrument No. 9920545 located at the Northeast corner of Pine Road and Edison Road, St. Joseph County, Indiana. Peter Deputy - President Pine Edison Park LTD. 4302 Lathrop Drive South Bend, IN 46628 SEWER AND WATER Mailing address: Same Peter Deputy - President Pine Edison Park LTD., owners of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title and assigns, waives and releases any and all rights 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. very of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract is subjec to the terms of this document and the acceptance of such instrument shall constitute an of the/gregning rp ovisions by said grantee, vendee, or contract purchaser and their successors in title. Pine 5ison PdrA LTD. Before me, the undersigned, a Notary Public in and for said State, personally appeared Peter Deputy - President Pine Edison Park LTD. and he acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and deed. STATE OF INDIANA SS: LINTY OF ST. JOSEPH ) TNESS my hand and tarial Seal this Day of 2001 tten Signatu �fT7�tA 4< jQcod (Printed A resident of St. Joseph County, Indiana. Immission Expires: I -� 0 i� d 0 'his instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South id, Indiana 46601. ��.-� �. E l5� XE"� � i �a� .�. ��.�-�- ��- IJc�-et ---� r--�� , � �� vim: "`�� cY �-�; ��.; Sul :�" `��` �- ! . ��. �� J �.- G�r`Dr'� J� `��L�.` .