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Home My WebLink About#2886- Deed; CONSENT TO ANNEXATION - SEWER ONLY NW Quarter of Sec 24, Twp 38 N,Range 2 E,Clay Twp,Lots 41-42t LOIJ a�� r'vavr 1' . m-3E;itfjaa RECORDED ON 03:06:22PM ST. JJJOSEPHECOUNly RECORDER REC FEE: $9. 00 Hold Recorded copy for: oard of Public Works PAGES: 1 CONS RATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES In consideration for permission to tap into the municipal utility system (water and/or water) of the city of Sout]l 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 nat'ecl orland bcnaS u pure or tlzc Wcst'.alf oC the A°orth+•rest Quartcr cC Sectior= 24, Township .9 North, Rang(.- 7 East, Clay Township, St. Joseph County, Indiana which is described as follows: Part of Lots 41 and 42, Oak Forest Dixie Way Subdivision an unrecorded subdivision commonly known as 52275 SR 933 with Tax Key number of 02-1093-4475 and described as follows; Lots 41 and 42 of said subdivision, excluding the East 190 feet and including a driveway 25 feet wide by 422.62 feet long being a part of Lot 35 of said subdivision. Said land all lying on the East side of said SR 933 in St. Joseph County, Indiana. SEWER ONLY Four Fain Corp Mailing Address: 51943 Whitestable Lane JMS Plastics, Inc. South Bend, IN 46637 52575 SR 933 PMB 303 David M. Martinez, President/CEO South Bend, IN 46637 David M. Martinez, President/CEO, Four Fain Corp, 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 fiurther 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 tune 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 lard. 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. APPROVED Board of Public Works David M. Martinez, President/CEO Four Fain Corp AUG 11 Z003 & "d STATE OF INDIANA ) 2f , Z SS:_ COUNTY OF ST. JOSEPH ) �' Before me, a Notary Public in and for said County and State, personally appeared David M. Martinez, President/CEO, Four Fain Corp, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notarial Seal this _24fih Day of �I_.(t i 2003(WritW- L `g! Lure) tC l 1 (Printed C� 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. r-:\DATA\SI IARE\ENGINrER\W PDATA\CONSENTCON12.wpd SARAH .1. SOHNSTON, Notary Public A Resident of St. Joseph County1N Nay commission Expires &12-2008 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuFcKE, MAYOR BOARD OF PUBLIC WORKS October 8, 2003 David M. Martinez c/o JMS Plastics, Inc. 52575 SR 933 FMB 303 South Bend, Indiana 46637 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. Martinez : The Board of Public Works, at its meeting held on August 11 th, 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, aA �_t'o Angela Ifi'. Jacob, a Enclosure