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Home My WebLink About#2850- Deed; CONSENT TO ANNEX COMPACT FEE Part of No.half of So.40 acres of 78-Inst.#8608692� SS2 40 �►�rrC'x��iC�z � G�� ve� R J1-4 , ::� pw roy o`Oa•wK° A .,,si�ro ❑ a o_o in'M OU ro p W p~ °.,�ro ro O n y'O C RC n � by NO CD A. �y O UO p, y O O Or�rr{• V]F.-r, � O �Z��Oa.roaQ vi ro? O ,CJ' G w w d '-' v� CD P) tD ro o �'.-- a i a-a.� Oo'0. - A y O CAD V) d~° r N� CAD ti a �rsEr 0oro`yDo •!��' CD a• V ro on d �n CD ro� p in ro� C :° cD w p� � CD O y � [AD t,.i R ro Oro O � R O Fr y rrR; w `ry N ro= SDO A O• d En p N Do n w .j "� O '* � I'3 w Cp A a. V U CDro Nro , O a. a• o, y � ° N. w... y !U ro ay' AC'O CD ° '�' Cj A �� R5•�C A fn Va.� w�,o p•�'� � w '+,Oro �" f7.' CT' a y Qt A y Q' CD ID oy �� n�aro wwx CD cr fea. CL D ro C •'Oro �nao �„ cD rn 'c1 •, w Oro S ., w r,,. w Er CD �n zUr&2CD a �v�o C.troaq wa a. O F ry�F• n .roy-r °'- • N Cn p .ron Q i0 •, vo o y ., zav rn ro ��!!2 fir. w c-a ^.0 a � w y cn G w G-cD da cnD J �d R o ro o0 0 °°5rrL E• CD R 7CaQ n C7 w ye CD " yr w �1 .%-. 0 10 e" CD 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUEcK.E, MAYOR BOARD OF PUBLIC WORKS February 26, 2003 Mr. Andrew Place Place Realty, Inc. 2133 Foxboro Court Mishawaka, Indiana 46545 PHONE 574/ 235-9251 FAx 574/235-9171 TOD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE WATER AND SEWER Dear Mr. Place: The Board of Public Works, at its meeting held on November 12, 2002, approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on November 13, 2002. A copy is enclosed for your records. Sincerely, Angela kJ Jacob, Cle Board of Public Works Enclosure CI -VA TT7 nV TT.mr 6rTA 121�--_E,�--_ 2E! 1 t5 I Hold Recorded copy or: Board of Public Works C TO N, WAIVER O RECORDED ON 11-13-2002 10 : 55 : 38 TERRI J. RETHLAEE ST. JOS£PH COUNTY RECORDER REC. FEE: 9.00 PAGES: 1 r 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 sanitary sewer and/or water 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 North half of the South 40 acres of a 78 acre parcel of land described in Warranty Deed Instrument Number 860u692 as recorded in the office ofrecorder of St. Joseph County, IN the southeast quarter of Section 14, Township 38 North, Range 2 East, Clay Township, St. Joseph County, Indiana, being described as follows: Commencing at the center of said Section 14, which center being marked by a 1 inch brass plug in monument bos; thence South 0 degrees 08 minutes 53 seconds East along the West line of said Southeast Quarter, also being the West line of Laurel Woods, Section Three and Laurel Woods (PUD), Section One, as recordered under Instrument Number 8833997 and 7812209 in the Office of said Recorder, a distance of 964.62 feet to the point of beginning; thence South 89degrees 49 minutes 47 seconds East parallel to the North line of said Southeast Quarter, also being the South line of Laurel Woods (PUD), Sections One and Two and Golden Oak Village, Section One, respectively recorded under said Instrument Number 7812209, and under Instrument Numbers 7927096 and 9438009 in the office of said Recorder, a distance of 1716.00 feet; thence South 0 degrees 08 minutes 53 seconds East parallel to the West line of said Southeast Quarter, also being along the West line of Hazelton Subdivision as recorded in Plat Book 12, Page 158,in the Office of said Recorder,a distance of 507.69 feet; thence North 89 degrees 49 minutes 47seconds West parallel to the North line of said Southeast Quarter, a distance of 1332.80; thence North 0 degrees 08 minutes 53 seconds West parallel to the West line of said Southeast Quarter, a distance of 253.84 feet; thence North 89 degrees 49 minutes 47 seconds West parallel to the North line of said Southeast Quarter, a distance of 383.20 feet to the West line of said Southeast Quarter, which point being North 0 degrees 08 minutes 53 seconds West, a distance of 1424.25 feet from the South Quarter comer of said Section 14, which South Quarter comer being marked by a Harrison Monument; thence North 0 degrees 08 minutes 53 seconds West along said West line, a distance of 253.84 to the point of beginning; said described tract containing 17.767 acres; subject to covenants, restrictions, easements and right of way of record. Being known as Laurel Creek Subdivision. Place Realty, Inc. Andrew W. Place, President 2133 Foxboro Court Mishawaka, IN 46545 SEWER AND WATER Mailing Address: Same 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 ail 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 e, vendee, or contract purchaser and their successors in title. A, /Place Realty, Inc., Andrew; W. Place, President STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH } 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 exation as hir voluntary act and deed. a S my hand an o arial Seal this DU of Q �697, i✓J�'002.; LINDA L. D001-HART Notary Public, State of Indlana County of St Joseph W ig¢li� re)�— My COMMission Expires Apr. 30, 200E Prt. Joseph A resident of St. Joseph County, Indiana-'," -My-Conunission Expires: This instrument was prepared by Aladean DeRose, Assistant.City Attorney, 1400 County -City Building, South Bend, Indiana 46601.