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HomeMy WebLinkAbout#2777- Deed; CONSENT TO ANNEXATION - WATER southeast corner of SR 23 and 29th Streetr z/C 6 -- -5 -7 ,;�_ --� ­7 -� (12�212)66 RECORDED ON 04-18-2002 3:26:41 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 9.00 PAGES; 1 Hold Recorded copy f 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 rcfcrrcd to as the "Real Estate"), situated in St. Joseph County, Indiana: Key #02-2118-5799 & 5800 Lots 81 and 82 Wilmette Park Subdivision Southeast corner of State Road 23 and 29`h Street Dennis D. Miller, President Miller Builders, Inc. 17636 State Road 23 South Bend, IN 46635 WATER ON-LV Mailing Address: P. O. Box 229 Granger, IN 46530 Dennis D. Miller, President, Miller Builders, Inc., owner 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 tee, vendee, or contract purchaser and their successors in title. Dennis D. Miller, President Miller Builders, Inc. Before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis D. Miller, President, Miller Builders, Inc., 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 COUNTY OF ST, JOSEPH WITNESS my hand andLNark A;tesideiit of St. Ic SS: Seal this �Dav of '4S 2002 �J APPROVED ( it,,•.,"��, Board of Public Works Commission Expires: This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CrrY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR 1BOARD OF PUBLIC WORKS June 19, 2002 Mr. Dennis Miller Miller Builders 17636 State Road 23 South Bend, Indiana 46635 PHONE2191235-9251 FAx 219/235-9171 TDD 219/235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE WATER Key No. 02-2118-5799 & 5800 Dear Mr. Miller: The Board of Public Works, at its meeting held on April 18, 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 April 18, 2002. A copy is enclosed for your records. Enclosure COUNTY OF ST. JOSEPH WITNESS my hand and A: jde6t of St. Jc Sincerely, (ngela:,K. Jacob, C rk Board of Public Works I eal Da of 2002 APPROVED Board of Public VV d� R 20 My, Indiana. ate_... Coin-lssioll EJiplrt-lS: This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 Countv-c; f, Rnildi„