HomeMy WebLinkAbout#2907- Deed; CONSENT TO ANNEXATION - SEWER AND WATER ONLY Lot 5 D F Reillys Sub of Lots 1 & 2 Homewood Sub. South Side of Edison Road West of Mayflower Road2/907
CONSENT TO ANNEXATION
SEWER AND WATER ONLY
Key No. 17-1050-1818
23594 Edison Road
LEGAL DESCRIPTION
Lot 5 D F Reillys Sub of Lots L & 2 Homewood Sub.
South Side of Edison Road West of Mayflower Road
PURCHASER
Rhea L. Luczkowski
4162 Malden Lane, Apt. A
Beech Grove, IN 46107
1316 COUNTY -CITY BUILDING
SOUTH BAND, INDIANA 46601-1830
CITY of SOUTH BEND STEPHEN I. LuEcKE, MAYoIi
BOARD OF PUBLIC WORKS
June 29, 2004
Ms. Rhea L. Luczkowski
23594 Edison Road
South Bend, Indiana 46628
RE: CONSENT TO-A—,\TN'EX.ATION AND
W,a VER OF RIGHT TO REIMONSTRA.TE
Sewer and Water Only
Dear Ms. I_.uczkcwski:
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 Of ice. A copy is enclosed for your records.
If you have any questions, please call me at (574) 235-9251.
Sincerely,
v
Angela K. Jacob, Clerk
Enclosure
Hold�Record�edcopy�for- oard of Public Works
RECORDED ON
06/15/2004 09:06:14AM
TERRI J. RETHLAICE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $3.00
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:
Key #17-1050-1818, Lot 5 D F Reillys Sub
of Lots 1 & 2 Homewood Sub. South
side of Edison Road West of
Mayflower Road.
Rhea L. Luczkowski
23594 Edison Road
South Bend, IN28
SEWER AND WATER
Mailing Address: 4162 Malden Lane, Apt A.
Beech Grove, IN 46107
Rhea L. Luczkowski, 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.
Rhea L. Luczkowski
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Rhea L. Luczkowski and she
acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed.
WITNESS my leans aR4 Not;�rial Seal this Da of I��� I - A 2004
.5� �'-
. { "PROVEDpublic
(Written Sigpature) Board of PabIle Works
CAI n S ( r"s
-I : o ,s (Printed
A resident of 6t-3ese *, Indiana.
"� -° �- •:t� � ffmars �� �s - - - - ._
My Commission Expires:
This instrument was prepared ly Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 46601.
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