The URL can be used to link to this page

Home My WebLink About#2901- Deed; CONSENT TO ANNEXATION - WATER ONLY West side of Mayflower south of Adams Road�1�f5Z--N l %/O/I/_ GNP ee� �/ ?4� 6 7. VZ)7,5 C/l✓19��//� jy WE.-S �Sl CJ� �t /i }�FGG'LeJ el), o�J�f 1316 CouNTY-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SouTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 11, 2004 Mr. Mason Rusk Bayman & Rusk Corporation 51070 Mayflower Road South Bend, Indiana 46628 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. Rusk: The Board of Public Works, at its meeting held on January 12, 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 12, 2004. A copy is enclosed for your records. Sincerely, Angela)K. Jacob, Cl rk Enclosure 040 1 4'JC3 RECORDED ON 01/12/2004 03:44:03PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9,00 Hold Recce rdP oard of Public Works PAGES: 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 sanitarysewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key #04-1009-0147.24 Lot 3, Regina Major Subdivision West side of Mayflower Road South of Adams Road Bayman & Rusk, Corp. WATER ONLY Mason L. Rusk, Vice President Property Address: Mailing Address: 51245 Lilac Road 51070 Mayflower Road South Bend, IN 46628 South Bend, IN 46628 Bayman & Rusk, Corp.,Mason L. Rusk, Vice President, 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 andtheirsuccessors i title. WARM-N M�� Bayman & Rusk, Corp. Mason L. Rusk, Vice President STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Board of P'.lb",ic Works h '.� .. LP tJll� 12 70904 a Before me, a Notary Public in and for said County and State, personally appeared Bayman & Rusk, Cotp.,Mason L. Rusk, Vice President, and lie acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. WITNESS my hand and Notarial Seal this 31 S` Day of G— � . 200�L '1 •_ , CL I -.4 (Written Signature) M a ivies ^ Q eleoS,a- (Printed A resident of St. Joseph County, Indiana My Commission Expires: 3- Z -5- — NIARDA A t7nROSA NOTARY PUBLIC STATE OF IN Sr. JOSEPH COUNTY W!Y COMMISSION EXP MAR. This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. P:\Dn7n\511n RC\[NGlN GLR\w P DATn\CON S ENTCOM 1. wpd