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Home My WebLink About#2908- Deed; CONSENT TO ANNEXATION - SEWER AND WATER ONLY A Part of the Southeast Quarter of 17, Township 38 North, Range 2 East, German TownshipCONSENT TO ANNEXATION SEWER AND WATER ONLY Willows at Mayflower South Bend, Indiana LEGAL DESCRIPTION Part of the Southeast Quarter of 17, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana, and being more particularly described as follows: Commencing At The Northwest Corner Of The Southeast Quarter Of Section 17; Thence South 00 00' 00" East Along The West Line Of Said Southeast Quarter, A Distance Of 165.00 Feet To The Point Of Beginning; Thence South 90 32' 47" East At A Distance Of 1301.87 Feet To A Point On The East Line Of The West Half Of Said Southeast Quarter, Thence South 00 01' 46" East Along Said East Line, A Distance Of 500.02 Feet; Thence North 90 33' 27" West, A Distance Of 1302.12 Feet To Ta Point On Said West Line Of The Southeast Quarter; Thence North 00 00' 00" West Along Said West Line, A Distance Of 500.27 Feet Tot He Point Of Beginning. Containing 14.95 Acres, More Or Less. Said Parcel To Be Subdivided And Named Willows At Mayflower PURCHASER Bayman & Rusk Builders 52345 Lilac Road South Bend, Indiana 46628 Hold Recorded cop�ror Board of P,orks RECORDED ON 06/15/2004 09:0E:16AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9.00 PAGES: 1 CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES In consideration for pennission to tap into the municipal utility system (water and/or water) 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: LEGAL DESCRIPTION: A part of the Southeast Quarter of 17, Township 38 North, Ra_nge.2 East, German Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the Northwest comer of the Southeast Quarter of Section 17; thence South 00 00' 00'' East along the West line of said Southeast Quarter, a distance of 165.00 feet to the point of beginning; thence South 89 32' 47" East, a distance of 1301.87 feet to a point on the East line of the West Half of said Southeast Quarter, thence South 00 01' 46" East along said East line, a distance of 500.02 feet; thence North 89 33' 27" West, a distance of 1302.12 feet to a point on said West line of the Southeast Quarter; thence North 00 00' 00" West along said West line, a distance of 500.27 feet to the point of beginning" Containing 14.95 acres, more or less. Said parcel to be subdivided and named the Willows at Mayflower. SEWER AND WATER Bayman & Rusk Builders, Inc. Mailing Address: Same Mason L. Rusk, Secretary/Treasurer 51245 Lilac Road South Bend, IN 46628 Bayman & Rusk Builders, Inc., Mason L. Rusk, Secretary/Treasurer, 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 contaiucd 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 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. APPROVED Board of Public Works - C/1 Ma;n L. R*k,.9ect tary/Treasurer ?I3ayinan &•r'tusculders, Inc. JA STATE -OF INDIANA ) - SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Bayman & Rusk Builders, Inc., Mason L. Rusk, Secretary/Treasurer, and he acknowledged the execution of the foregoing Consent to Annexation. as his voluntary act and deed. it Seal this vay of ✓ 2004 A resident Josepla County, Indiana. $E.. I ySSTEWARD NOTARY PUBLIC STATE OF INIDIANA ST. JOSEPH COTJN 'Y ItiIYCOMMISSION F" J,0C_ 9,2007 My Commission Expires:' This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. F:\DATA\SHARE\ENGINEER\WPDATA\CDNSENTCOM2.\vpd 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR BOARD OF PUBLIC WORKS June 29, 2004 Bayman & Rusk Builders, Inc. Mason L. Rusk, Secretary/Treasurer 51245 Lilac Road South Bend, Indiana 46628 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Sewer and Water Only. Dear Mr. Rusk: PHONE 574/ 235-9251 FAX 5741235-9171 TDD 5741235-5567 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, Angela K. Jacob, Clerk Enclosure ' MAY 24 '04 09:22RM LANG.FEENEY ASSOC. Q� LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING - CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET . SOUTH BEAD, 1NDIANA 46601 TELEPHONE 574/233-1 841 • FACSIMILE 574/674-0374 WILLIAM D. L4NC, PRES. JOHN-S. FE�NEY, L.S. TERANCE D. LANC, L.S. DATE: PLEASE DELIVER THE FOLLOWING PAGES To: COMPANY NAME: ATTN: D �',/ OLAlA%Z DEPARTMENT: FAX NUMBER: FROM: AzAli r+ WE ARE SENDING P.1i5 SUB -DIVISIONS BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS PAGES (INCLUDING THIS PAGE). IF YOU DO, NOT RECEIVE ALL PAGES, PLEASE CALL AS SOON AS POSSIBLE. n COMMENTS: MAY 24 '04 09:23AM LANG F'EENEY ASSOC. CD. 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