HomeMy WebLinkAbout#2885- Deed; CONSENT TO ANNEXATION- SEWER ONLY Lot 17, Forst Park Subdivision,W side of St. Joe St,N of Johnson RdMxjl6eyr=�
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Hold Recorded copy for(;
of Public Works
RECORDED ON
08/15/2003 03:08:22PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $9.00
PAGES: I
CONSENT TO ANNEXATION, WAVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
In consideration forpermission to tap into the municipal utility system (water and/or sewer) of the city of South Bend,
Indiana, in order to provide sanitarysewer and/or water service to the following described property, (hereinafter referred
to as the "Real Estate"), situated in St. Joseph County, Indiana:
Key NO1-I060-1731
Lot 17, Forest Park I" Subdivision
West side of St. Joseph Street
North of Johnson Road
Neil M. and Lynn L. Edison
60351 South St. Joseph Street
South Bend, IN 46614
SEWER ONLY
Mailing Address: Same
Neil M. and Lynn L. Edison, owners 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 CiWs 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 thin with the land.
Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges and
accepts the 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. Owners further acknowledges
and accepts the requirement and obligation of Owner to pay a proportionate share of the cost of installing the sewer line
across the remaining portion and width of Lot 1, Forest Park 1" Subdivision if the City extends the existing sewer.
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.
Xupz��' V��de�
Neil M. Edison
STATE OF INDIANA
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Vin L. Edis
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Neil M. and Lynn L. Edison, and
they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed.
WITNESS my hand and Notarial Seal this Da of 0
f- OVED
Board of Public Works
(Wri n nature)
Printed
A resident of St. Joseph County, Indiana.
My Commission Expires: a l— 1 —1--:� Z) w
AUG 1 1 2003
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This instrument was prepared by Aladean DeRose, Assistant City Attoi y„atLo County -City Building, South Bend,
Indiana 46601.
F:\DATA\SHARE\ENGINEER\WPDATA\CONSENTCOM 1.%ti7pd
1316 COGNTY-Cirr BUILDING
$OI;TH BExD, INDIANA 46601-1830
CITY OF SOUTH BEND
BOARD OF
Mr. and Mrs. Neil M. Edison
60351 South St. Joseph Street
South Bend, Indiana 46614
STEPHEN J. LuF-cKE, MAYOR
PUBLIC WORKS
October 8, 2003
PHONE 574/ 235-9251
FAX 574/235-9171
TDD 574! 235-5567
RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE AND
ACKNOWLEDGMENT OF CITY COMPACT FEES
(SEWER ONLY)
Dear Mr. and Mrs. Edison:
The Board of Public Works, at its meeting held on August 1 lth, 2003 , approved the Consent
to Annexation and Waiver of Right to Remonstrate and Acknowledgment of city compact fees. The
Consent was recorded with the St. Joseph County Recorder's Office on August 15th, 2003.
A copy is enclosed for your records.
Sincerely,
J
Angela acob, Clerk
Enclosure
Tony Molnar - RE: Consent to Annexation
Page 1
From:
Tony Molnar
To:
Aladean DeRose
Date:
12/9102 2:38PM
Subject:
RE: Consent to Annexation
Aladean,
Attached please find a revised consent to annexation form for a property on St. Joseph Street South of the
City. The Edison's will tap into an existing sewer that is in the street but just North of their lot. Carl has
agreed to allow them to tap into this sewer, however he has asked they not only pay the Compact Fee, but
that they also agree to pay a proportional share of the cost to install a new sewer along the front of their lot
as was the case for people in the US 31 South Annexation. I have added a sentence to the fourth
paragraph simply as a guide to where Carl wants this to go. Please revise the addition as you see fit to
accomplish the idea that Carl has expressed.
Thank you in advance for you help with this and if you have any questions, please do not hesitate to call.
Tony
CC: Carl Littrell