HomeMy WebLinkAbout#2898- Deed; CONSENT TO ANNEXATION - WATER ONLY SE corner Ironwood Cleveland Roadsa� �y
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1316 COUNTY -CITY Buunivc
SOUTH BEND, INMANA 46601-1830
CITY of SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
March 11, 2004
Mr. Michael O'Donnell
17221 Ashdale Court
Granger, Indiana 46530
PHONE 574/ 235-9251
FAX 574/235-9171
TDD 5741235-5567
RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGMENT OF CITY COMPACT FEES
Dear Mr. O'Donnell:
The Board of Public Works, at its meeting held on December 22, 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 December 3)0, 2003.
A copy is enclosed for your records.
Sincerely,
Angela KJ Jacob, Clefk
Enclosure
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JC - (Printed) CSA) Board of Pudic Works
ent of St. Joseph County, Indiana.
DE 200
My Coannzusston Expires:
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend
Indiana 46601.
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RECORDED ON
.12/30/2003 09:46:47AM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $9.00
PAGES: I
Hold Recorded copy for: Board of Public Works 1
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
In consideration for permission 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 water service to the following described property, (hereinafter referred
to as the "Real Estate"), situated in St. Joseph County, Indiana:
Key 402-2019-0385.34
Lot 12A, Meadowview Addition
South East corner of Ironwood
and Cleveland Roads
Michael J. O'Connell, D.O.
17221 Ashdale Court
Granger, IN 46530
WATER ONLY
Mailing Address: Same
Michael J. O'Connell, D.O., 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 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.
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.
Michael J. O'Connell, D.O.
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Michael J. O'Connell, D.O., and
lie acknowledged the exe;6'-t-aria7le
iona foregoing Consent to Annexation as his voluntary act and deed.
WITNESS my hand andal this Da of �rCElrla�R 2003
� Appj UVED
(,SfI52/i�%L Board of Public WorAs
(Printed
of St. Joseph County, Indiana. _
My Co:nmt� is ion Expires
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 46601.
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