HomeMy WebLinkAbout#2893- Deed; CONSENT TO ANNEXATION Lot 27, Est side of Jackie Lane,South of Darden RoadTheodora 1��1
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RECORDED ON
07/28/2003 02:07:35PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: S11.00
- PAGES: 2
Hold Recorded cop for: Board of Public Works
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
In consideration for pemiission to tap into the municipal utility system (water and/or sewer) of the city of South Bend,
Indiana, in order to provide sanitary sewer and/or waterservice to the following described property, (hereinafter referred
to as the "Real Estate"), situated in St. Joseph County, Indiana:
Key #02 1147-6698
Lot 27, Darden Woods Subdivision
East side of Jackie Lane
South of Darden Road
Theodora Hull-Vawter
52614 Jackie Lane
South Bend, IN 46637
WATER AND SEWER
Mailing Address: Same
Theodora Hull-Vawter, 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 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 fiirther 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 die 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.
Theodora Hull-Vawter
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Theodora Hull-Vawter, and she
acknowledged, the execution of the foregoing Consent to Annexation as heir voluntary act and deed.
wi^I'Rssv lh4d and otarial Sea] this Dav of 2003
't.
Signature)
•�' • (Printed
•>' A resident of St. Joseph County, Indiana.
My Conunission Expires: ' LI
A PROVED
Board of Public liC ✓orbs
I
This instrument was prepared by Aladean DeRose, Assistant City Attorney. 1400 County -City Building, South Bend.
Indiana 46601.
F:IDATAISI[ARG\GNGINI:IrR11'VPDATA\CONSGN'fCU41 I .�Npd
LAND PLAT
REV- 7/08/03
PARCEL: I (EA5EMENT)
PROJECT: 020465 OWNIM INDIANA DEPARTMENT OF TRANSPORTATION
DRAWN BY: EJP
ROAD: 5.R. #23 DEED RECORD: 9204065
CHECKED BY: DWA
CODE NO.:
COUNTY: ST. JOSEPH
SECTION: 31
HATCHED AREA 15 THE
2495
TOWNSHIP: 35N
APPROPRIATE TAILING.
RANGE: 3E TH15 PLAT WAS PREPARED FROM INFORMATION
LffGAL DESCKIPTION OBTAINED PROM THE RECORDER'S OFFICE
AND OTHER 50URCE5 WHICH WERE NOT
SANITARY 5EWER EA5EMENT NECE55ARILY CHECKED BY A FIELD 5URVEy.
A STRIP OF LAND CROSSING LOTS 18 do 19 ON
ON JUNE
/
PENSINGER'S SUBDIVISION AS RECORDED 70.
1947 IN BOOK 16 PAGE P. OF THE ST. JOSEPH
COUNTY RECORDER'S OFFICE, MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NE
CORNER OF SAID LOT 19; THENCE SOUTH 6.740'06"
/
WEST 126.61 FEET, THENCE SOUTH 89'05'25' WEST
175.21 FEET TO THE EAST LINE OF EDWARDSBURG
HIGHWAY (STATE ROUTE 23); THENCE ALONG SAID
FAST LINE AROUND A 1587.02 FOOT RADIUS CURVE TO
THE RIGHT AN ARC DISTANCE OF 29,99 FEET TO THE
END OF A CHORD WHICH SEARS NORTH 47'15'30"
EAST AND HAVING A DISTANCE OF 29.99 FEET;
I
THENCE NORTH 89'05'25" EAST 141.36'; THENCE ►4�'
NORTH 00'44'57' WEST 30,69 FEET TO THE NORTH /'
LINE OF LOT 19: THENCE ALONG SAID NORTH LINE,
I
[
NORTH 89' 15' 03' EAST 127.60 FEET TO THE POINT
1
OF BEGINNING, i
CONTAINING 6574.80 SO. FT. (0.151 ACRES)
LINE
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LS.L of NV2 of SE 1/4
SEC. 31, 7 38 N.. R. 3 F_
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1316 COUNTY -CITY BCiLOING
SOUTH BEND, INDIANA 4601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
October 8, 2003
Mrs. Theodora Hull-Vawter
52614 Jackie Lane
South Bend, Indiana 46637
PHONE 5741235-9251
FA.X 5741235-9171
TDD 5741235-5567
RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE AND
ACKNOWLEDGMENT OF CITY COMPACT FEES
(WATER AND SEWER)
Dear Mrs. Hull-Vawter:
The Board of Public Works, at its meeting held on July 28", 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 July 28th, 2003.
A copy is enclosed for your records.
Sincerely,
Angela �Jacob,Cl rk
O
Enclosure