The URL can be used to link to this page

Home My WebLink About#2840- Deed; CONSENT TO ANNEXATION NW quarter of sec. 18, Twp. 38 N Range 2 EConsent to Annexation, Waiver of Right to Remonstrate - East half of NW Quarter of Section 18, Twp. 38 North, Range 2 East, German Township APPROV::I) Board of Pt uL_.ti 'C l ,Z)2E.E,CD 3CD NEC 5 2002 RECORDED ON 12-05-2002 10:19:24 _ TERR1 J. RETHLAKE - 1-Z ST. JOSEPH COUNTY Hold Recorded copy for: Board of Public Works RECORDER REC. FEE: 9.00 CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRARS: 1 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 sewer and/orwater service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: LEGAL DESCRIPTION: A part of the East half of the Northwest Quarter of Section 18, Township 38 North, Range 2 East, German Township, St. Joseph County, IN, more particularly described as follows: Beginning at the Southwest Comer of the East half of said Northwest Quarter, which corner being marked by a 5/8 inch remab with cap (flush); thence along the West line of said East half Quarter Section, North 0 degrees 34 minutes 21 seconds West, a distance of 1684.26 feet to a 5/8 inch rebar with cap; thence South 89 degrees 45 minures 52 seconds East, a distance of 111.84 feet to a 5/8 inch rebar with cap; thence along the Est line of a parcel of land recorded under instrument Number 9114462 in the office of the Recorder of Said County North 0 degrees 34 minutes 21 seconds West, a distance of 346.96 feet to the Southwest corner of a parcel of land recorded in Deed Record Book 663, Page 541, in the Office of said Recorder, which corner being marked by a 5/8 inch rebar with cap (flush); thence South 89 degrees 45 minutes 52 seconds East, a distance of 558.20 feet to the South east corner of a parcel of land Recorded under Instrument Number 9340510 in the Office of said Recorder, which point also being on the West line of Lot 12 of Kertes Unrecorded Subdivision, said point being marked by a 3/4 inch pinched pipe (flush); thence along the respective West boundary lines of said Kertes Unrecorded Subdivision, Adamo Minor Subdivision as Recorded in Plat Book 23, Page A-4, in said Office of Recorder and Dedek's Minor Subdivision as Recorded in Plat Book 23, Page D-1, in said Office of Recorder, South 0 degrees 27 minutes 21 seconds East, a distance of 673.30 feet to the Southwest corner of the East Half of the Northeast Quarter of said Northwest Quarter, also being the Southwest corner of said Dedek's Minor Subdivision, which corner being marked by a 5/8 inch rebar with cat; thence along the South line of said Dedek's Minor Subdivision and its projection thereof, South 89 degrees 45 minutes 52 seconds East, a distance of 665.70 feet to the centerline of Orange Road; thence along the centerline of Orange Road and the East line of a parcel of land recorded under Instrument Number 9825800 in the Office of said Recorder, South 3 degrees 35 minutes 02 seconds West, a distance of 415.71 feet to the Southeast corner of said parcel of land; thence along the South line of said parcel of land, North 89 degrees 45 minutes 52 seconds West, a distance of 506.71 feet to a 5/8 inch rebar with cap; thence South 0 degrees 00 minutes 04 seconds East, a distance of 175.61 feet to a 5/8 inch rebar with cap; thence South 89 degrees 45 minutes 52 seconds East, a distance of 220.00 feet, which corner being marked by a 5/8 inch rebar with cap (flush); thence South 87 degrees 23 minutes 26 seconds East, a distance of 275.28 feet to the centerline of Orange Road, which point being marked by a P.K. nail; thence along the centerline of Orange Road South 03 degrees 35 minutes 02 seconds West, a distance of 433.00 feet, which point being marked by a P.K. nail; thence continuing along the centerline of said Orange Road, 504.89 feet along an arc to the right, having a radius of 335.00 feet, subtended by a long chord having a bearing of South 46 degrees 45 minutes 36 seconds West, and a chord length of 458.44 feet, which point being marked by a P.K. nail; thence continuing along the centerline of said Orange Road, South 89 degrees 56 minutes 40 seconds West, a distance of 116.98 feet, which point being marked by a P.K. nail; thence along the centerline of said Orange Road, South 84 degrees 01 minutes 57 seconds West, a distance of 31.88 feet, which point being marked by a P.K. nail; thence on an East-West projection of the North line of Greenfield Second Subdivision, as recorded in Plat Book 28, Page G-3, in said Office of Recorder, South 89 degrees 56 minutes 13 seconds West, 773.36 feet to the point of beginning, containing 46.853 acres, more or less, and subject to public highways and any other easements, restrictions and or covenants of record. Said land to be subdivided and known as Westwood Knolls At Blackthorn. Cooreman Real Estate Group, Inc. Steve Cooreman, President 24545 Brick Road, South Bend, IN 46628 WATER AND SEWER Mailing Address: Same Cooreman Real Estate Group, Inc., Steve Cooreman, 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 consistent with the Agreement By and Among the City of South Bend, the City of South Bend Redevelopment Commission and Cooreman Real Estate Group, Inc., signed November 1,2002. 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 purch:tsgQsi subject m to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the for,,gog provisiogs by sal a ee, vende or contract purchaser and their successors in title. Cooreman Real Estate Group, Inc. Steve Cooreman, President _ STATE OF INDIANA ) ��•�� SS: COUNTY OF ST. JOSEPH } Before me, a Notary Public in and for said County and State, personally appeared Cooreman Real Estate Group, Inc., Steve Cooreman, President, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. Witness my hand and Notarial Seal this 2i1-� Day of 2002 S hen(Writtc Si ature) �� (Printed q U ZOD� A resident of St. Joseph County, Indiana. My Commission Expires: This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. JNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND S=HEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS January 17, 2003 Mr. Steve Cooreman Cooreman Real Estate Group, Inc. 24545 Brick Road South Bend, Indiana 46628 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Deed# 2840 Dear Mr. Cooreman: PHONE 574! 235-9251 FAx 5741235-9171 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