HomeMy WebLinkAbout#2925- Deed; ANNEXATION - SEWER AND WATER West Side of US 31 South 700' More or Less, South of Kern Road295
ANNEXATION — SEWER and
WATER
Key No. 01-1051-1360.01
Gregory Alan Elliot and Paula DeAiuie Elliott
West side of US 31 South, 700' More or Less, South of Kern
Road
Address:
61191 US 31 South
South Bend, IN 46614
1316 COUNTY-CiIY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
September 13, 2004
Mr. and Mrs. Gregory Elliot
21979 Roosevelt
South Bend, Indiana 46614
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
West Side of US 31 South 700' more or less,
South of Kern Road
Key No. 01-1051-1360.01 SEWER AND WATER
Dear Mr. and Mrs. Elliot:
PHONE 5741235-9251
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,
Angela K. Jacob, Clerk
Enclosure
a171 Ul ! tI JIiL, n +_
(Wri S' ature)
204
(Printed
A resident of St. Joseph County, Ind
My Commission Expires:
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 46601.
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RECORDED Ohl
06/2'/2004 03:03:40f,N
TERRI J. RETHI_AYE
ST. JOSEVIFl COWITY
RECORDER
REC FEE: ` 9. 00
PAGES: I
6;ccRorded copy for: Board of Public Works
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
117
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 #01-1051-1360.01, West side of
US 31 South, 700' more or less,
South of Kern Road.
WER AND WATER
Gregory Alan Elliott and Paula DeAnne Elliott
61191 US 31 South Mailing Address:'S=.. Z 1 q7el QPO
South Bend, IN 46614 �0�; l ► ENQ W
44c /4
Gregory AIan Elliott and Paula DeAnne Elliott, owners of the heal 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 shalt 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 ment and the acceptance of such instrument shall constitute an acceptance of the
foregoin visions y said grant dee, or contract purchaser and their successors in title.
f
r o rks
5
Gregory Alan Elliott Paula DeAnne E1'okif0eS. C 00-2000
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
P 2004
APPROVED
Before me, a Notary Public in and for said County and State, personally appeared Gregory Alan Elliott and Paula
DeAnne Elliott and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and
deed.
rid
WITNESS my hand and Notarial Seal this Da v of 2004
1,PPRO
Board of Pul3lic ' 01� 1_� C 414
(Writ S' ature) = 4j•,.•.""' 2004
(Printed
A resident of St. Joseph County, Ind'A.
r -
7.
My Commission Expires:
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
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