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Home My WebLink About#2736- Deed; CONSENT TO ANNEXATION, SEWER N of Sample,W.side Mayflower, MAIL to PO Bx 8325CoNSe�T 7� �i✓�2X/F/7arJ �jeRNf}R� OS i'Ittiwad 1�lellilox3L 56937 /l�,7 ��IIDwe,o, �v 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 January 15, 2002 Bernard and Margaret Kleinert 56937 Mayflower Road South Bend, IN 46619 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Lot 87 Key 4 17-1034-0974 Deed# 2736 Dear Mr. and Mrs. Kleinert: PHONE219/235-9251 FAX 219/235-9171 TDD 219/235-5567 The Board of Public Works, at its August 10, 2001 meeting, approved your Consent to Annexation and Waiver of Right to Remonstrate. It was also recorded with the St. Joseph County Recorder's Office on August 16, 2001. A copy is enclosed for your records. If you have any questions, please call me at (219) 235-9251. Sincerely, Cc,L . Its Angela . Jacob, Cl k Enclosure ENGW ERING ENVIRONMENTAL SERVICES CENTRAL SERVICES CARL UrMELL, P.E. JOHN J. DILLON, PH.D. MATT CHLEDOWSKI 219/235-9251 219/277-8515 219/235-9316 FAx 219/235-9171 FAX 219/277-8980 FAX 219/235-9007 STREETS SAM HENSLEY 2191235-9244 FAx Z19/235-9272 WATER WORKS JOHN F. STANCAn 219/235-9322 FAx 219/235-9728 RECORDED ON 08-16-2001 9:28:28 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 9.00 PAGES: 1 Hold Recorded copy fo : =Public 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, htdiana: Key #17-1034-0974 North of Sample Street on West side of Mayflower Road Lot 87 Grouses Addition Bernard and Margaret Kleinert 56937 Mayflower Road South Bend, IN 46619 SEWER ONLY Mailing Address: Same A1,P1;11'. ' Board of 1,111dic 1% -I.,, Bernard and Margaret Kleinert, owners of the Real Estate, (hereinafter "Owner"), for tltcroselves 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 lap 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. Bernard Kleinert Margaret Kleinert Before me, the undersigned, a Notary Public in and for said State, personally appeared Bernard and Margaret Kleinert 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 ) Vtfl� my hand and Notarial Seal this r/ Day of 2001 ""' • Qr '�,�, $ (Written Si ure) W S ` Printed) 7, fIA Pest of St. Joseph County, Indiana. 0 ii6n Ekpir25: This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601, COUNTY OF ST. JOSE-PH, INDZPJ� I hor-oby C%-rtiilv that this is a ~rat,, co!Tiplate colly of the . 0 M in thi, —/--Page ferf, J. R04Ae'Gou�t, RI. -Corder I Deputy Recorder Cefflficadon Stamp pEpjaccs r [if P'reViDus Certification Q)5K610 DURABLE POWER OF ATTORNEY I, Margaret E. Kleinert, do make, constitute and appoint Janice M. Johnson as my true and lawful attorney -in -fact, for me and in my name, place and stead, to take all action and transact any and all business for me of any kind or nature whatsoever; to do and perform each and every act and thing necessary and proper to be done in all matters affecting my business and property, and with the same force and effect as though I were personally present and acting for myself; and I hereby ratify and confirm all that my attorney -in -fact shall do by virtue hereof. I hereby grant my attorney -in -fact all powers with respect to real property transactions, tangible personal property transactions, bond, share and commodity transactions, banking transactions, business operating transactions, insurance transactions, beneficiary transactions, gift transactions, fiduciary transactions, claims and litigation, family maintenance, benefits from military service, records, reports and statements, estate transactions, delegating authority and all other matters. I intend to create a Durable Power of Attorney. This power shall not be affected by my subsequent disability or incapacity. IN WITNESS WHEREOF, I hereunto set my hand at�1-, C S 14 `"6 u Indiana this .::�/VDday of Oo 0,5yt t3c'x- , 1999. kii Ma aret E. Kleinert Before me, a notary public, personally appeared Margaret E. Kleinert and acknowledged execution of the foregoing Durable Power of Attorney, this /r day of Zn i 1r'r�a_ �'�' , 1999. My Commission Expires: Notary Public �/- 29 - e2(V i Resident of St. Joseph County, Indiana This instrument was prepared by Charles S. Leone, Attorney at Law S:\DOCS\CLIENTS\KLEINERTIDURASHE. POA.8 DURABLE POWER OF ATTORNEY I, Bernard L. Kleinert, do make, constitute and appoint Janice M. Johnson as my true and lawful attorney -in -fact, for me and in my name, place and stead, to take all action and transact any and all business for me of any kind or nature whatsoever; to do and perform each and every act and thing necessary and proper to be done in all matters affecting my business and property, and with the same force and effect as though I were personally present and acting for myself; and I hereby ratify and confirm all that my attorney -in -fact shall do by virtue hereof. I hereby grant my attorney -in -fact all powers with respect to real property transactions, tangible personal property transactions, bond, share and commodity transactions, banking transactions, business operating transactions, insurance transactions, beneficiary transactions, gift transactions, fiduciary transactions, claims and litigation, family maintenance, benefits from military service, records, reports and statements, estate transactions, delegating authority and all other matters. I intend to create a Durable Power of Attorney. This power shall not be affected by my subsequent disability or incapacity. IN WITNESS WHEREOF, I hereunto set my hand atST-.TDS eptl eDr.yr-y- , Indiana this N o day of A) ny E 016 , 1999. Bernard L.Ae�inert Before me, a notary public, personally appeared Bernard L. Kleinert and ac owledged execution of the foregoing Durable Power of Attorney, this day of 1999. My Commission Expires: Notary Public [� �d - Q Resident of St. Joseph County, Indiana This instrument was prepared by Charles S. Leone, Attorney at Law S:IDOCS\CLIENTS�KLEINERnDU RABLE. POA. S