HomeMy WebLinkAbout#2832- Deed; CONSENT TO ANNEXATION Sewer and Water, 02-2019-0419, 02-2061-2655Consent to Annexation/Waiver of Right to Remonstrate -
Key No.'s 02-2019--0420, 02-2019-0419 & 02-2061-2655,
North Side of S.R. 23 & North of Douglas Road
02!ff;5.4a2
\E APPROVED
Board of Public ' or!'.s
CT 09 �
Hold Recorded copy for: Board of Public Works
RECORDED ON
10-16-2002 10:58:39
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 for permission to tap into the municipal utility system (water and/or water) of the city of South Bend,
Indiana, in order to provide sanitarysewer and/orwater service to the following described property, (hereinafter referred
to as the "Real Estate"), situated in St. Joseph County, Indiana:
Key #02-2019-0420, #02-2019-0419
and #02-2061-2655 North side
of State Road 23 North of Douglas Road.
NJA, LLC
Nafe J. Alick, President
Elkhart, IN-46 +6-6fri4
46514
905 STRONG AVE.
SEWER AND WATER
Mailing Address: Same
NJA, LLC, Nafe J. Alick, 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 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.
NJA, LLC.
Nafe J. Alick, President-j�
STATE OF INDIANA
SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared NJA, LLC; Nafe J. Alick, 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 .2q Da of SE T M BC-e-2002
(Written Signature)
(�—Mbi1 C. i0cCA"ARC-LL--
Printed
A resident of St. Joseph County, Indiana,
My Commission Expires: 0 0 7
This instrument was prepared by Aladean DeRose, Assistant City Attorney,1400 County -City Building, South Bend,
Indiana 46601.
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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. Nafe J. Alick
NJA, LLC
905 Strong Avenue
Elkhart, Indiana 46514
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
Key #'s 02-2019-0420, #02-2019-0419 and
402-2061-2655 Deed4 2832
Dear Mr. Alick:
PHONE 574/ 23 5-925 1
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,
(,tea k jo,,,sl,&�
Angela K. Jacob, Clerk
Enclosure