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Home My WebLink About#2903- Deed; CONSENT TO ANNEXATION - SEWER AND WATER ONLY Lot 459 Gillmer Park Submidivision, South Side of Pulling Street at West Side of Royal Property2 03 RECORDED: 5/25/2004 CONSENT TO ANNEXATION — SEWER AND WATER ONLY Key No. 01-I038-0980 Description: Lot 459 Gllmer Park 19402 Pulling Street South Bend, IN Larry Lemke Hold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER OF AND ACKNOWLEDGEMENT OF 04a4c-3E,a RECORDED ON 05/25/2004 01:13:12PM TERRI J. RETHLAHE ST. JOSEPH COUNTY RECORDER REC FEE: $g. 00 PAGES: 1 RIGHT TO REMONSTRATE CITY COMPACT FEES In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city ofSouth Bend, Indiana, in order to provide sanitarysewer and/or water service to the following described property, (hereinafterreferred to as the "Real Estate ), situated in St. Joseph County, Indiana: Key #01-1038-0980, Lot 459 Gillmer Park Subdivision. South side of Pulling Street at West side of Royal Oak Property Address 19502 Pulling Street Homeworks Investments, Inc. Larry M. Lemke, President 2913 Mishawaka Avenue South Bend, IN 46615 SEWER AND WATER Mailing Address: Same Homeworks Investments, Inc., Larry M, Lemke, 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 to, 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. aom works Investments, Inc., Larry M. Lemke, President STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) APPROVED Board of Public Works Before me, a Notary Public in and for said County and State, personally appeared Homeworks Investments, Inc., Larry M. Lemke, President and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed. Yk WITNESS ny hand and Notarial Sea] this I ! Day of 011all 2004 My Commission This instrument v Indiana 46601. Building, South Bend, RECORDED ON 05/25/2004 01:13:12PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REG FEE: $9. 00 PAGES: 1 C 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 cityof 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 1101-1038-0980, Lot 459 Gillmer Park Subdivision. South side of Pulling Street at West side of Royal Oak Property Address 19502 Pulling Street Homeworks Investments, Inc. Larry M. Lernke, President 2913 Mishawaka Avenue South Bend, IN 46615 SEWER AND WATER Mailing Address: Same Homeworks Investments, Inc., Larry M. Lemke, 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 die acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. Tom works Investments, Inc., Larry M. Lemke, President STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) APPROVED Board of Public Works j J Before me, a Notary Public in and for said County and State, personally appeared Homeworks Investments, Inc., Larry M. Lemke, President and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed. / WITNESS :ruy hand and Notarial Seal this Day of � 1 _ 2004- (Printed resident of St. Joseph County, Indiana. My Commission Expires: /{ This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. FADATMSIIARL11iNGINL•Ciit1WPUA'I'AICONSL?NTCOMI. vpd 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SourH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS June 17, 2004 Mr. Larry M. Lemke Homeworks Investments, Inc. 2913 Mishawaka Avenue South Bend, Indiana 46615 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 (SEWER AND WATER ONLY) Dear. 1vIr. Lemke: The Board of Public Works, at its meeting held on May 24, 2004, 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 May 25, 2004. A copy is enclosed for your records. Sincerely, dow�J(7.atc6 AngelaJacob, Clerk Enclosure