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HomeMy WebLinkAbout#2910- Deed; CONSENT TO ANNEXATION - SEWER ONLY Northside of Darden Road East of Lily RoadCC*J)6ekrF -1-0 A &WC XA t t67V AKI )AJA -0Z of kiL t i i o VkJ i Ak « 5E K-1EK Li LV Ct-A ,I .R q Q RbA-I--) L�LoLoLLl 1316 CoyNTY-CITY BUILDING SOUTH 13END, INDIANA 46601-1330 CITY OF SOUTH BENT) STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS December 30, 2003 Ms. Susan Y.Glassbum 18205 Heatherfield Drive South Bend, Indiana 46637 PHoN,E 574/ 235-9251 FAx 5741235-9171 TDD 5741235-5567 RE: KEY# 02-1049-1838 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE WATER AND SEWER Dear Ms. Glassbum: The Board of Public Works, at its meeting held on August 25, 2003, approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on August 27, 2003. A copy is enclosed for your records. Sincerely, Angela . Jacob, Ierk Board of Public Works Enclosure {Printed A resident of St� kW1hlEL diana. JC�� '.� ,�•� `��' Notary Public, State of St. Joseph iana County of My Commission Expires Aug.17, 2009 My Commission Expires: AUG 2 5 2003 This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building', Soutli Bend, Indiana 46601. F:\DATA\SFIARE\ENGINGER\W Pi)ATA\CONSENTCOIvf I .,vpd 0 3 S 4 3 3 2 RECORDED ON 08/27/2003 02:43:04Ph TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $10.00 Hold Recorded copy for. Baard 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 #02-1049-1838 Lots 264 Fulkerson Park North side of Darden Road East of Lily Road Susan Y. Glassbum 19491 Darden Road South Bend, IN 46614 SEWER ONLY Mailing Address: 18205 Heatherfield Drive South Bend, IN 46637 Susan Y. Glassbum, 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 drily 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 hi 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. Susan Y_ Glassb 01 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Susan Y. Glassbum, and she acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. WITNESS my hand and Notarial Seal this I I Da of ALA(rU5i 2003 LA 146.-Al 0 (Written Signature) (Printed resident of SIJ�Rgepli Couula.EIi�diana. NotarybPubbliic,, StateofIndiana County of St. Joseph My Commission Expires Aug. 17, 2009 My Commission Expires: APPROVE® Board of Pob(aly Works AUG 2 5 2003 Zfl This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend. Indiana 46601. FADATMSl-IARE\ENGINEMWPDATMCONSENTCOM l.wpd