HomeMy WebLinkAbout#2879- Deed; CONSENT TO ANNEXATION-SEWER ONLY NW Quarter Sec. 6,Twp 37 N.,Range 2E,Portage TwpWA (VOZ OF PICH-T 1-0
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RECORDED ON
06/13/2003 03:29:09PM
TERRI J. REMAKE
ST. JOSE�H COUNTYRECORRECORDER
v REC FEE: S9.00
Hold Recorded copy for: Board of Public Works PAGES: I
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGMENT OF CITY COMPACT FEES
In consideration for pernussion 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 parcel of land being a part of the Northwest Quarter of Section 6, Township 37 North, Range 2 East, Portage
Township, St. Joseph County, Indiana which is described as follows:
Commencing at the Northwest corner of said NorthwestQuarter; thence South 00 00' 00" East along the West line of
said Northwest Quarter, a distance of 283.00 feet to the place of beginning; thence South 89 18' 13" West, a distance
of 655.74 feet; thence South 0 06" 13" West, a distance of 1470.01 feet to the North right of way line of Chicago,
South Shore and South Bend Railroad; thence North 79 39' 31" West along said North right of way line, a distance
of 663.82 feet to the West line of said Northwest Quarter; thence North 0 00' 00" East along the West line of said
Northwest Quarter, a distance of 1358,82 feet to the place of beginning. Containing 21.25 acres, more or less. Land
to be used as a soccer stadium and related development.
Mario Manta SEWER ONLY
50929 Mulholland Drive
South Bend, IN 46628 Mailing Address: Same
Mario Manta, 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 fimther 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 Iand.
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.
Mario Janta
STATE OF INDIANA )
) SS
COUNTY OF ST. JOSEPH )
APPROMED
Board of Public Works
JUG! 0 9 2003
Before me, a Notary Public in and for said County and State, personally appeared Mario Manta and h- �' w►l.�.
acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.•
WIT ESS my hand and Notarial Seal this Da of 2003��'
(W t Si nature}
(Printed;
A resident of St. Joseph County, Indiana. My Commission Expires:
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South
Bend, IN 46601,
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1316 COUNTY -CITY BUILDING
227 W j EFFERsoN BOULEv,%RD
SOUTH BEND, INDIANA 46601-1330
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, I.E.
DIRECTOR OF PUBLIC WORKS
August 5, 2003
Mr. Mario Manta
50929 Mulholland Drive
South Bend, Indiana 46628
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE - Sewer Only
Dear Mr. Manta:
PHONE 574/ 235-9251
FAX 574/235-9171
TDD 574/ 235-5567
The Board of Public Works recorded the above referred to Consent to Annexation with the
St. Joseph County Recorder's Office. 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
ENGINEERING ENVIRONMENTALSER7,ICES CENTRALSERVICES
CARL LITTRELL, P.E. JOHN J. DU.LON, PH.D. MATT CHUBMSIG
574/235-9251 574/277-8515 574/235-9316
FAx 574/235-9171 FAx 574/277-8980 FAx 574/235-9007
STREETS
S,km HENSLEY
574/235-9244
FAx 574/235-9272
WATERWORKS
JoHN E STANCATI
574/235-9322
G%x 574/235-9728