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Home My WebLink About#2900- Deed; CONSENT TO ANNEXATION - WATER ONLY NW Corner of Maple Lane & Hepler Street//J /qz- S 1, 1316 COUNTY -CITY BUILDING SOUTH BEND, 1NDIANA 46601-1830 C17Y OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 11, 2004 Mr. Larry Lemke Homeworks Investments, Inc. 5449 Maple Lane South Bend, Indiana 46635 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 Dear Mr. Lemke: The Board of Public Works, at its meeting held on January 26, 2004, approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on January 27, 2004. A copy is enclosed for your records. Enclosure Sincerely, Angela KSacob, Clerk (Written Signature) eeU 4 . ,EEC.• (Printed A resident of St. Joseph County, Indiana. My Commission Expires: This instrument was prepared y Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. P:\DATA\SHARE\L=NGINEER\WPDATA\CONSENTCOM ] ampd r ; P::1�74-0 RECORDED ON 01/27/2004 08:57:21AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9.00 PAGES: 1 Hold Recorded copy for: Board of Public Works -- CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES In consideration for pernussion 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 ##02-2074-3440 Lot 165, Maple Lane Sub Northwest corner of Maple Lane and Hepler Street Homeworks Investments, Inc Larry M. Lemke, Pres. 54449 Maple Lane South Bend, IN 46635 WATER ONLY Mailing Address: 19700 Osborne Road Lakeville, IN 46536 Homeworks Investments, Inc., Larry M. Lemke, Pres., 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 nun 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. Mur t e �- / ..e.•� Board o d ." Works Homeworks Investment, Inc. Larry M. Lemke, Pres. JAN 2 0 2004 STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) 1 f�e_fe'A�onmBefore me, a Notary Public in and for said County and State, personally aarworks Investments, Inc., Larry M. Lemke, Pres. and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. hand and Notarial Seal this /61 A&, Day of 2004. (Written Signature) Printed A resident of St. Joseph County, Indiana. My Commission Expires: f ,1 a..,? 6 U 6 This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\S I-fARE\ENGINEER\W P DATA\CONSENTCOM I a.wpd 1316 COUNTY -CITY BUILDING SouTH BEND, INDIANA 46601-1530 PHONc 574/ 235-9251 FAx 574/ 235-9171 TDD 574/ 235-5567 k,y /VC z z C77- q 3 6140 CITY OF SOUTH FIEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 11, 2004 Mr. Larry Lemke Homeworks Investments, Inc. 5449 Maple Lane South Bend, Indiana 46635 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGIIT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES Dear Mr. Lemke: LvT; j The Board of Public Works, at its meeting held on January 26, 2004, approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on January 27, 2004. A copy is enclosed for your records. Sincerely, t 1.. (. Angela K.- acob, Clerk Enclosure '.;.11i� 11 V.�ti �,.ltal�i\>• '161/Yf� - L/•^.".� �� '•i i�,•';lt4�r (Written Signature) (Printed +° A resident of St. Joseph County, Indiana. My Commission Expires: i;;2_d 606 OF t- — This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\SHARDIGNGINI-I:R\WPDA'fA\CONSE-NI'COM Ia,wpd RECORDED ON 01/27/2004 08:57:21AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REG FEE: $9.00 PAGES: 1 Hold Recorded copy for: Board of Public Works 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 #02-2074-3440 Lot 165, Maple Lane Sub Northwest corner of Maple Lane and Hepler Street Homeworks Investments, Inc Larry M. Lemke, Pres. 54449 Maple Lane South Bend, IN 46635 WATER ONLY Mailing Address: 19700 Osborne Road Lakeville, IN 46536 Homeworks Investments, Inc., Larry M. Lemkc, Pres., 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. •4; a 5 a a �CL��a Ubcadr 'F"46"i- Works Homeworks Investment, Inc. Larry M. Lemke, Pres. AN 2 0 2004 STATE OF INDIANA ) )SS: COUNTY OF ST. JOSEPH Before me, a Notary Public in and for said Count and State, er'sorill :efa�rfvUo m�works Investments, Inc., LaM. Lemke, Pres. and he acknowledged the execution of the oregoing Cosent to Annexation as his voluntary act and deed. hand and Notarial Seal this L Day of . r .U. 2004. ,/ (Written Signature) �5 -t-A LL e-&AJ Iq . ) ' ' (Printed A resident of St. Joseph County, Indiana. My Commission Expires: �.�cQ ,V_ /)06 This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\SI-IAIZ \ENGINEER\WI'DA-rA\CONSENI'COMIa.wpd