HomeMy WebLinkAbout#2830- Deed; CONSENT TO ANNEXATION Sewer and WaterConsent to Annexation and Waiver of Right to
Remonstrate- 2133 Foxboro Court, Ironwood
Villas North Subdivision
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUEcKE, MAYOR
BOARD OF PUBLIC WORKS
November 26, 2002
Mr. Andrew Place
Place Realty, Inc.
2133 Foxboro Court
Mishawaka, Indiana 46545
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
Deed# 2830
Dear Mr. Place:
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 574/ 235-5567
The Board of Public Works, at its October 9, 2002 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 October 16, 2002. A copy is enclosed for your records.
If you have any questions, please call me at (219) 235-9251.
Sincerely,
Angela K. Jacob, Clerk
Enclosure
\l1 APPROVE])
Board of Ptil;;ic "
�i 9
Hold Recorded copy for: Board of Public Works
1Z1;R55554.83
RECORDED ON
10-16-2002 10:58:40
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC. FEE: 9.00
PAGES: 1
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
In consideration forpermission to tap into the municipal utility system (water and/or water) of the city of South Bend,
Indiana, in order to provide sanitary sewer and/or water service to die following described property, (hereinafter referred
to as the "Real Estate"), situated in St. Joseph County, Indiana:
LEGAL DESCRIPTION:
A part of the Northeast Quarter of Section 30, Township 38 North, Range 3 East, Clay Township, St. Joseph County,
Indiana and being more particularly described as follows:
Commencing at the Northeast comer of the Northeast quarter of said Section 30; thence South 00 00' 00" East along
the East line of said Northeast quarter, a distance of 1,703.07 feet to the place of beginning; thence continuing South
00 00' 00" East along said East line, a distance of 178.71 feet; thence South 89 44' 22" West a distance of 440.00 feet;
thence South 00 00' 00" East, a distance of 99.00 feet; thence South 89 44'22" West, a distance of 884.08 feet to a point
of the North/South centerline of said Northeast quarter; thence North 00 01' S5" West along said North/South centerline
a distance of 275.94 feet; thence North 89 39' 46" East, a distance of 1,324.24 feet to the point of beginning and
containing 7.42 acres, more or less and being known as Ironwood Villas North Subdivision. Located on the East side
of Ironwood Road just North of the Indiana Toll Road.
Place Realty, Inc. SEWER AND WATER
Andrew W. Place, President
2133 Foxboro Court Mailing Address: Same
Mishawaka, IN 46545
Place Realty, Inc., Andrew W. Place, President, owner of the Real Estate, (hereinafter "Owner"), for themselves and
their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right
which they may now or hereafter have to remonstrate against or otherwise 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 municipal utilities (sewer
and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates
irrevocably 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.
Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner fiu-ther acknowledges
Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or
sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both
municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County
Auditor's annually published "Notice of St. Joseph County Certified Tax Rates."
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.
/Place Realty, Inc.
Andrew W. Place, President OCT 9 2Q ?
ST ATE or Tl�D, nr1 q
) SS: J
COUNTY OF ST, JOSEPH )
Before me, a NotaryPublic in and for said County and State, personally appeared Place Realty, Inc., Andrew W. Place,
President and he acknowledged the execution of the foregoing Consent to Annexation as hir voluntary act and deed.
WITNESS my hand and Notarial Seal this _ / 9� Dav of %4�'-�Zj74- )nm
(W n Signature)
- ... .
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L1NDA L. �DDU RARY :...'
r
Notary Public, Sfift of Indfana
(Printed)
A resident of St. Joseph County, Indiana.
County of St Joseph
Sion
My.CaO Expires: -�Q O
r��C1i
MY Commission expires Apr. 30, 2008
_
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This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 4660 L
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