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HomeMy WebLinkAbout#2904- Deed; CONSENT TO ANNEXATION - SWERE AND WATER ONLY Lot 1, Thompson Minor Subdivision, West Side of Nadine Street South of Cleveland Road29 4 RECORDED; 4/27/2004 CONSENT TO ANNEXATION SEWER AND WATER ONLY Key No. 02-1020-0442.1 Description: Lot No. 1 Thompson Minor 53125 Nadine St. South Bend, IN Dan A. & Karen J. Kagarise 1316 CouNTV-CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS July 26, 2004 Mr. and Mrs. Dan Kagarise 1540 Arcadia Avenue South Bend, Indiana 46635 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Lot 1, Thompson Minor Subdivision Key 4 2-1020-0442.10 SEWER AND WATER Dear Mr. and Mrs. Kagarise: OL (::E(��Dl PHONE 5741235-9251 FAx 5741235-9171 TDD 574/ 235-5567 The Board of Public Works, at its regular meeting on July 26, 2004, meeting, approved your Consent to Annexation and Waiver of Right to Remonstrate. It was recorded with the St. Joseph County Recorder's Office on April 27, 2004. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Sincerely, P Angela K. cob, Cle Enclosure ►Z)t► o i pro RECORDED ON 04/27/2004 01:48:42PM TERRI J. RETHLAKE ST. JOSEP'H COUNTY RECORDER REC FEE: 59.00 of Recorded copy for: Board 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 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 #02-1020-0442.10 Lot I, Thompson Minor Subdivision. West side of Nadine Street South of Cleveland Road Dan A. & Karen J. Kagarise 53125 Nadine Street South Bend, IN 46637 SEWER ogay AA1,6 OJ�!- Mailing Address: 1540 Arcadia Avenue South Bend, IN 46635 Dan A. & Karen J. Kagarise, 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 nun with the land. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipai Code, Owner further acknowiedges 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 fore oing provisions by aid grantee, vendee, or contract purchaser and their successors in title. 1 Dan A. Kagarise Karen J. Kagari STATE OF INDIANA ) .;,. •I`,••`, . . COUNTY ) SS: °�_� •' : ; ;! ; OF ST. JOSEPH )` Before me, a Notary Public in and for said County and State, personally appeared Dan A. & I�a�sB°t� 1•,,i]'�a�$i'sp.an,�: they acknowledged the execution of the foregoing Consent to Annexation s their voluntary act arttl"'e� 1 tilt;°<,• WITNESS my hand ayr� Notarial Seal this Da of _T •/;�p�� ` (f1rinted) A resident of SStt A o�n�y "1 tdi na. Public A Resident of St. Joseph County, IN My Camtrsigsion Exi&oQL f-- Wv. 7, 2M8 My Comrnission Expires: APR ? 6 2004 This instrument was prepared by Aladean DeRose, Assistant City AttorneA,-U1PMcE jy-City Building, SouthBend, Indiana 46601. 1-:\nATA1SHAREkE-NcINEERrWPDATA\KONf4C)PIt�3', P Worl:'