The URL can be used to link to this page

Home My WebLink About#2854- Deed; CONSENT TO ANNEXATION Part of S. half of N.E. Quarter Sec.18I)EM2151 j A.PPR01'"ED B=rd of RECORDED ON y Hold Recorded copy for: Board of Public Works 01-28-2003 10:17:00 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 util ity system (water and/or sewer) of the city of South Bend, Indiana, in orderto 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 South Half of the Northeast Quarter of Section 18, Township 38 North, Range 3 East in Clay Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at a Harrison Monument, buried 0.1 feet marking the Northeast corner of said Section, also being State Plane Coordinate Station Monument Number 686, record of the County Surveyor of said County; thence South 0 degrees 18 minutes 32 seconds East along the East line of said Northeast Quarter, a distance of 1323.37 feet to the Northeast corner of said South Half and the point of beginning; thence continuing South along said line, a distance of 680.10 feet to a point North 0 degrees 18 minutes 32 seconds West, a distance of 643.27 feet from an iron rod found at the Southeast comer of the Northeast Quarter of said Section 18; thence South 89 degrees 33 minutes 52 seconds West, a distance of 240.00 feet; thence North 80 degrees 17 minutes 36 seconds West, a distance of 125.69 feet; thence North 56 degrees 43 minutes 23 seconds West, a distance of 133.56 feet; thence North 34 degrees 10 minutes 16 seconds West, a distance of 136.28 feet; thence North 20 degrees 30 minutes 40 seconds West, a distance of 67.35 feet; thence South 78 degrees 15 minutes 47 seconds West, a distance of 127.94 feet; thence South 85 degrees 14 minutes 16 seconds West, a distance of 40.15 feet; thence South 81 degrees 52 minutes 18 seconds West, a distance of 133.01 feet; thence North 1 degree 56 minutes 15 seconds West, a distance of 18.01 feet; thence South 89 degrees 33 minutes 39 seconds West, a distance of 172.62 feet; thence North 0 degrees 26 minutes 21 seconds West, a distance of 115.00 feet; thence South 89 degrees 33 minutes 39 seconds West, a distance of 354.00 feet; thence South 0 degrees 26 minutes 21 seconds East, a distance of 7.50 feet; thence South 89 degrees 33 minutes 39 seconds West, a distance of 525.61 feet to the point of curvature of a non -tangent curve, concave to the East, having a radius of 200.00 feet, a central angle of 5 degrees 56 minutes 56 seconds, and a chord of 20.76 feet bearing North 6 degrees 07 minutes 08 seconds East; thence Northeast along said curve, a distance of 20.77 feet; thence South 89 degrees 33 minutes 39 seconds West, a distance of 208.99 feet; thence North 0 degrees 26 minutes 21 seconds West, a distance of 300.77 feet to the North line of said South Half of the Northeast Quarter of Section 18; thence North 89 degrees 23 minutes 39 seconds East along said North line, a distance of 2131.78 feet to the point of beginning; said described tract containing 20.930 acres, more or less. Subject to any covenants, casements, restrictions and right of way of record. Said subdivision to be known as Farmington Hills, Section I. Kendall Weiss, L.L,P. WATER AND SEWER 828 E. Jefferson Boulevard South Bend, IN 46617 Mailing Address: Same Kendall Weiss, L.L.P., 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 del iv y of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the to s f t is document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said ' ee, ea, or contr t purchaser and their successors in title. Kend• ' 'ss, L.L.P. STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Kendall Weiss, L.L.P., and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. Witneso�w d and Notarial Seal this Day of Ae9° d2i�ti 2002 [ 114 ry W, ,nature) Indip er�. r.-...y'r 1�,k i1 a:t�.i t,.•'ir :.ie :• :'•�{i ti:�:a.,., Jr�1 .41131�U a` A tW&�W.%ioscph County, Indiana. My Commission Expires: This instrument was prepared by Aladean DcRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS April 7, 2003 Mr. Kendall Weiss, L.L.P. 828 E. Jefferson Boulevard South Bend, Indiana 46617 PHONE 5741235-9251 FAx 574I235-9171 TDD 5741235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REylONSTRATE WATER AND SEWER Dear Mr. Weiss: The Board of Public Works, at its meeting held on January 27, 2003, approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on January 28, 2001 A copy is enclosed for your records. Sincerely, Al'1`Qela.Yacob Jerk Enclosure