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HomeMy WebLinkAbout#2902- Deed; SEWER CONTRACT South side of Darden Road, just west of Lily Road2r2 ANNEXATION SEWER ONLY KEY NO.02-1100-4952 LOT NO.39 ROANOKE HEIGHTS South side of Darden Road, just west of Lily Road 19572 Darden Road South Bend, Indiana 46637 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS May 6, 2004 Mr. Jonathan M. Brmmlett and Mrs. Nora Brmalett 19572 Darden Road South Bend, Indiana 46637 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE - Sewer Only Dear Mr. and Mrs. Bramlett: PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Sincerely, Angel Jacob, C1 rk Enclosure �-7, t04 1 E,44a RECORDED ON 04/13/2004 09:24:23AE TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER Hold Recorded copy for: Board of Public Works REC FEE: S9.00 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 sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: APPROVED Board of Public Worfs Key #02-1 100-4952 - Lot 39, Roanoke Heights South side of Darden Road : ki'R2 ? 205 Just West of Lily Road Jonathan M. and Nora K. Bramlett SEWER ONLY 19572 Darden Road Mailing Address: Same -- South Bend, IN 46637 Jonathan M. and Nora K. Bramlett, 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 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. wt, :Jonathan M. Bramlett STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Nora K. Bramlett 4LICZ��, Before me, a Notary Public in and for said County and State, personally appeared Jonathan M. and Nora K. Bramlett, and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed. WITNESS my hand and Notarial Seal this 4J' Day of / Ja,J ,- 2004 t(W�riRtti4in Sign7e, x 'ram Printed resident of St. Joseph County, Indiana. This insl"runtent was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\S[-iARE\CNGINEER\WPDATA\CONSENTCOM I .%vpd