HomeMy WebLinkAbout#2838- Deed; CONSENT TO ANNEXATION - WATER West side of Butternut Rd. North of Grant Roadj 5'z
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Consent to Annexation, Waiver of Right to Remonstrate -
Key #17-1040-1262, Hollywood 2nd Addition, West side
of Butternut Road North of Grant
APPROVt�O
Board of Public Vorks
DEC 02jj
Hold Recorded copy for: Board of Public Works
EDz��IDaa
RECORDED ON
12-00-2002 .10:19:22
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 sewer) of the city of South Bend,
Indiana, in order to provide sanitary sewerand/orwater service to the following described property, (hereinafter referred
to as the "Real Estate"), situated in St. Joseph County, Indiana:
Key #17-1040-1262
Lot 52, Hollywood 2"� Addition
West side of Butternut Road
North of Grant Road
Charles W. Hafer
56825 Butternut Road
South Bend, IN 46619
WATER ONLY
Mailing Address: Same
Charles W. Hafer, 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 time acceptance of such instrument shall constitute an acceptance of the
foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title.
9
Charles W. Hafer
STATE OF INDIANA }
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Charles W. Hafer and she
acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed.
WITNESS my hand and Notarial Seat this 3 rA Day of Ni Q V � rn h t' 1I- 2002
My Commission
This instrument
Indiana 46601.
ffnaa_ ,/ . �dw
(Written 4atu
�UL L - Jacabs
(Printed)
A resident of St. Joseph County, Indiana.
RHONDA L JACOBS, Mulay 1=U a14.
A Resident e, - J-ss ph G�tutty� IIv
h.y 12, 2;Ws
DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
-••11:1F)ATA\51-IARE\ENGINEER\WPDATA\CONSENTCOM 1.o•pd
1316 COUNTY -CITY BUILDING
SOUTH BEND, 1NDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
- January 17, 2003
Mr. Charles W . Hafer
56925 Butternut Road
South Bend, IN 46619
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
Lot 52
Key # 17-1040-1262 Deed# 2838
Dear Mr. Hafer:
PHoNE 574/ 235-9251
FAx 574/235-9171
TDD 574/ 235-5567
The Board of Public Works, at its December 5, 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 December 5, 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