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Home My WebLink About#2831- Deed; CONSENT TO ANNEXATION Sewer and WaterConsent to Annexation/Waiver of Right to Remonstrate - Lot 3 & S, Nature's Gate Subdivision ,Afl1 1±O1 1:D Board aI ,Puthlic Work- OQT 9002 / �_ 1 Recorded copy for: Board of Public Works 212�i�:jLrBZf RECORDED ON 10-16-2002 10:58:41 TERRI J. RETHLAHE 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 vvutcracrvicc to ti,o F no.. ngaa� .;ra s�r..nw+ta�.lhPrean titter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: LEGAL DESCRIPTION: A part of the North half of Section 5, Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana and being more particularly described as follows: Lot 3 and Lot 5 as shown on the recorded plat of Pin Oak Estates, Section Seven in the office of the recorder of St. Joseph County, Indiana as Instrument Number 9933122, also being known as Nature's Gate Subdivision.. Nature's Gate, L.L.C. Lance J. Cleland, Member 1101 Lincolnway West Mishawaka, IN 46544 SEWER AND WATER Mailing Address: Same Nature's Gate, L.L.C., Lance J. Cleland, Member, 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 Citys 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 further 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. AA� f Nature's Gate, L.L.C. Lance J. CIeland, Member STATE OF INDIANA ) ) SS: Before me, a Notary Public 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. in hand and Notarial Seal this �/ r :•r6 Da of 2002 Y, (Written Signature) tinted) A resident of St. Joseph County, Indiann�a. My Commission Expires:_ :ICT 9 22 This instrument was prepared byAladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:1DATA1S tIA REIENG IN E E R1 W P DATAICO N S EN TCO M.wpd 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuFcKE, MAYOR BOARD OF PUBLIC WORKS November 26, 2002 Mr. Lance Cleland Nature's Gate, LLC 1101 Lincolnway West Mishawaka, Indiana 46544 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Lot No. 3 and 5 Deed# 2831 Dear Mr. Cleland: PHONE 574/ 235-9251 FAx 5741235-9171 TDD 5741235-5567 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, Qy,V� k ?v-,661�-- Angela K. Jacob, Clerk Enclosure / oJ: Before me, a Notary Public 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. W 'q 4,�'iny.11and and Notarial s Sea] this � Da T of 2002 (Written Signature)/ -- Printed) 9 resident of St. Joseph County, Indiana. My Commission 1✓xpires: ,5 This instrument was prepared byAladean DeRose, Assistant CityAttormy, 1400 County-CityBuilding, South Bend, Indiana 46601. P:IDATALSHAREIENGINEERIWPDATAICONSENTCOM.wpd