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Home My WebLink About#2728- Deed; CONSENT TO ANNEXATION Southside of Darden, W.of Juniper Rd.e,�WV 01446110 RECORDED ON 09-06-2001 2:51:17 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 9.00 P 1 �' i "�20 1 Hold Recorded copy for: Board of Public Works ` a f a 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 #02-1042-1456 51.5 feet of Lots 45, 46, &47 Englewood Plat SOUth Side of Darden Road West of Juniper Road Jerome and Janet Ivacic 19060 Darden Road South Bend, IN 46637 WATER ONLY Mailing Address: Jerome and Janet Ivacic 3019 South Michigan Street South Bend, IN 46614 Jerome and Janet Ivacic, 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 anchor water of ire City of South Bend, Owner, for 1f1Crnseive5 and 61CH successors and assigns, agrees Hereby tv vest in the City of South Bend the perrnanent 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 teirn his document and the acceptance of such instrument shall constitute an acceptance of the foregoing prov ns-by said_gaintee, vendee, or contract purchaser and their successors in title. Ivacic Janet Ivacic Before me, the undersigned, a Notary Public in and for said State, personally appeared Jerome and Janet Ivacic 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 ) i'AX GIY/43J-y1%j, !'AX Lly/L/%-iSytSV .� -SAX Lty/L.SJ-yVU/ /, PAY AN-1-e-s—t "r V-% S .Y- --- -s �1.4461PJ RECORDED ON 09-06-2001 2:51:17 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER At}l:'M !. oard of Pull. REC. FEE: 9.00 1 Hold Recorded copy for: Board of Public Works ` Ice, gl� 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 #02-1042-1456 51.5 feet of Lots 45, 46, &47 Englewood Plat South Side of Darden Road West of Juniper Road Jerome and Janet Ivacic 19060 Darden Road South Bend, IN 46637 WATER ONLY Mailing Address: Jerome and Janet Ivacic 3019 South Michigan Street South Bend, IN 46614 Jerome and Janet Ivacic, 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 Lbeir successors and assigns, agrees hereby io 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 duty authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns sliall 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 torpas this document and the acceptance of such instrument shall constitute an acceptance of the foregoing pri��mrby said gantee, vendee, or contract purchaser and their successors in title. Ivacic lzf� Janet Ivacic Before me, the undersigned, a Notary Public in and forsaid State, personally appeared Jerome and Janet Ivacic 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 ) W1rT}�y.i?�a and No ial Seal this S-G Dav of�,Gc�Cl 2001 (Written Sign re} '-✓ • �, - . l_�- Q !y �� t (7=•J�'�ed). � C F�4CK�iSLi"i I E.D (Prinr;sident of St. Joseph County, Indiana., CORY PUBLIC S tANn NTy ,. My ODMMLSSION EXP. MAY 28,20CIO Commission Expires: 2 aQG This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601, 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. I.UECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GILOT, P.E. DIRECTOR OF PUBLIC WORKS January 10, 2002 Jerome and Janet Ivacic 3019 South Michigan Street South Bend, IN 46614 PHONE219/235-9251 FAX 219/235-9171 TDD 219/235-5567 RE: CONSENT TO ANNEXATION AND WAVER OF RIGHT TO REMONSTRATE WATER ONLY Key No. 02-1042-1456 Dear Mr. And Mrs. Madigan: The Board of Public Works, at its public agenda session held on August 25, 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 September 6, 2001. A copy is enclosed for your records. Please don't hesitate to call me, if you have questions. Sincerely, Bela 9. Jacob, rk Board of Public Works Enclosure ENGINSERmr, ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL LmRELL, 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 219/9..25-9272. WATER WORKS JOHN F. STANCAn 2191235-9322 ., I oiggc_fl'7'1Q