HomeMy WebLinkAbout#2927- Deed; CONSENT TO ANNEXATION - SEWER AND WATER East side of Orange Road just South of Brick Road2�2'7
CONSENT TO ANNEXATION SEWER
& WATER
Key No. 04-1010-0176.13
Lot No. 7
Rolling Oaks Country Estates
51930 Orange Road
South Bend, IN 46628
Eric G. & Barbara A. Atkins
Mailing: Same
Description: o!..-F4
East side of Orange Road Just:i of brick Road
Recorded On: 9/14/04
f , .
I316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
September 28, 2004
Mr. & Mrs. Eric and Barbara Atkins
51930 Orange Road
South Bend, Indiana 46628
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
Lot 7 Rolling Oaks Country Estates,
Section 2. East side of Orange Road just
South of Brick Road.
Key #04-1010-0176.13 SEWER AND WATER
Dear Mr. & Mrs. Atkins:
29Z f
PHONE5741235-9251
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.
Enclosure
Sincerely,
Angela K. Jacob, Clerk
1Z445r+
RECORDED ON
09/14/2004 03:29:31PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $9. 00
PAGES: 1
(Hold Recorded copy for: Board of Publi�Woks��
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 #04-1010-0176.13 Lot 7 Rolling Oaks
Country Estates, Section 2. East
side of Orange Road just Sgtttlf of Brick Road. SEWER AND WATER
j)o2Tlf
Eric G. and Barbara A. Atkins
51930 Orange Road Mailing Address: Same
South Bend, IN 46628
Eric G. and Barbara A. Atkins, owners 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 CigVTo%%,n Rate'
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.
Fric G. Atkins , 'aard Ot s Barbara A. Atkins
2004
STATE OF INDIANA ) SEp 13{
COUNTY OF ST. JOSEPH
Before me, a Notary Public i ° o?Psai' c� n a&te, personally appeared Eric G. and Barbara A. Atkins, and
he acknowledged the execution {{,, the form Conent•)fb•.nii�xation as his voluntary act and deed.
WITNESS my hand and Notarial Seal this 0'ZTW Da f l 2004
o,
( Written Signature)
a
(Printed
A resident of St. Joseph County, Indiana.
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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