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HomeMy WebLinkAbout#2924- Deed; ANNEXATION - WATER ONLY East Side of Ironwood Road, South of Auten RoadANNEXATION — WATER ONLY Key No. 02-2013-0257.03 First Church of the Nazareen Lot 4 — Graham's Rolling Pines Minor. East side of Ironwood Road, South of Auten Road. Address: 51690 Ironwood Road South Bend, IN 46535 13I6 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUEcKE, MAYOR BOARD OF PUBLIC WORKS Septe11abe1. 13, 2004 Ms. Vickey Thompson Board Secretary First Church of the Nazareen 51690 Ironwood Road South Bend, Indiana 46535 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Lot 4 - Graham's Rolling Pines Minor. East Side of Ironwood Road, South of Auten Road Key #02-2013-0257.03 WATER ONLY Dear Ms. Thompson: Ztiz� 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 Office. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Sincerely, r Angela K. Jacob, Clerk Enclosure PPPPPV01(-1P-6-1-- 60-1 RECORDED ON 07/27/2004 02: 3O:11PM ST, J j RETHLAKE OSEPH COUNTY RECORDER REC FEE: $5, 00 PAGES: J Hold Recorded co fLBoard pYDWorks, 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 #02-2013-0257.03, Lot 4 - Graham's Rolling Pines Minor. East side of Ironwood Road, South of Auten Road. First Church of the Nazareen Vickey Thompson, Board Secretary 51690 Ironwood Road South Bend, IN 46535 WATER ONLY Mailing Address: Same First Church of the Nazarcen, Vickey Thompson, Board Secretary 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. First Church of the Nazareen, Vickey Thompson, Board Secretary STATE OF INDIANA } ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared First Church of the Nazareen, Vickey Thompson, Board Secretary and she acknowledged the execution of the 7,,oing Consent to Annexation as her voluntary act and deed. /V' WITNESS my hand and Notarial Seal this q Da of (�2004 M-T>.zOVED Board of Pttlilic �=ter;..:, (Written Signature (Printed •,'t---i ,ray'„� v^`'�/J/{� A sident of St. Joseph County, Indiana. My Commission Expires: This instrument was prepared by Aladean DeRose, Assistant City Attorney, 140U'Co.uri4y=pity Building, South Bend, Indiana 46601. F:IDATAISI-lAR1:\ENGINELR\WPDATAICONSENTCOM l .wpd