HomeMy WebLinkAbout#2941- Deed; CONSENT TO ANNEXATION - WATER AND SEWER A part of the Northeast Quarter of the Southwest Quarter of Section 26, Township 38 North, Range 1 East, Warren TownshipNO. 241
CONSENT TO
ANNEXATION
WATER ONLY
Fairway, LLC
Andrew W. Place, Partner
1620 North Ironwood Drive
South Bend, Indiana 46635
Description:
A pan of the Northeast Quarter of the Southwest Quarter of Section 26,
i
Township 38 North, Range I East, Warren Township, St. Josephunq,
Indiana, being more particularly described as follows: Beginning 1l the
center of said Section 26. being marked by an iron bolt, 0.2 feet below tie
surface, thence South along the East line of said Southwest Quarter, Suuth
00 degrees 13 minutes 34 seconds West, a distance of 809.80 feel to the
North right of way line of U.S. Highway 20 (Lincoln Trail), said corner
lying North 00 degrees 13 minutes 34 seconds East, a distance of 1529.52
feet from the South Quartcr comer of said section 26, being marked by ll
1-1l2" diameter bolt with center punch mark, 0.15 feet below paveu; nt,
found 0.12 feet West of said South Quarter comer; thence along s"Ed
North right of way line, South 73 degrees 23 minutes 38 seconds Wc:,t, a
distance of 664.65 feet to the Southeast comer of land described iu deed
Record Book 733, Page 293, said point lying North 73 degrecs 23 m;nutvs
38 seconds East, a distance of 717.00 feet from the intersection of -'Jid
North right of way line and the West line of the Northeast Quarter of the
Southwest Quarter of said Section 26; dtcnce North along the East line rat'
said land, North 03 degrees 31 minutes 56 seconds West, a distance of
253.80 feet to the Northeast corner of said land; thence along the North
lines of said land and land described in Instrument Number 93450)1,
parallel with said North right of way line, South 73 degrees 23 min.;;cs 39
seconds West, a distance of 323.00 feet to the East line of land described
in Deed Record Book 631, Page 261; thence North along the East fine of
said land, North 03 degrees 31 minutes 56 seconds West, a distance of
33G.20 feet to the Northeast comer of said land: thence along the North
06,
lines of said land and land described s Instrument Number '7 -30 feet
South 89 degrees 06 minutes 32 seconds West, a distance of 217127 feet
to the Northeast comer of land described in Instrument Number 9127193;
thence along the North line of said land, South 87 degrees 54 minutes 48
seconds West, a distance of 120.70 fact to the West line of the Northeast
Quarter the Southwest Quarter of said Section 26, thence North along
ter o
said ter Zinc, North 00 degrees 16 minutes 44 seconds East, a distance
r of the Southwest
of 534.40 feet to the North line of the Northeast Quartc
Quarter of said Section 26, thence along said North lineof 1321.37 fee, t to tSouth 8fi degrees
58 minutes id seconds East, a distance he point at
beginning; said described tract containing 23.789 acres, more or less.
Subject to Said areal to be developed and sulbdivided and w i ll bt k:,oai; of
record.P
i.„a..,rcc Woods Subdivision.
APPROVED
Board of Public Works
;
r� `
Hold Recorded copy for: Board of Public Works
0i.4-1--5zs- 1
RECORDED ON
11/08/2004 02:55:00PE
TERRI J. RETH,LAEE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $9. 00
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:
LEGAL DESCRIPTION:
LEGAL DESCRIPTION:
A part of the Northeast Quarter of the Southwest Quarter of Section 26, Township 38 North, Range 1 East, Warren Township, St.
Joseph County, Indiana, being more particularly described as follows:
Beginning at the center of said Section 26, being marked by an iron bolt, 0.2 feet below the surface, thence South along the East
line of said Southwest Quarter, South 00 degrees 13 minutes 34 seconds West, a distance of 809.80 feet to the North right of way
line of U.S. Highway 20 (Lincoln Trail), said corner lying North 00 degrees 13 minutes 34 seconds East, a distance of 1829.52
feet from the South Quarter comer of said Section 26, being marked by a I-1/2" diameter bolt with center punch mark, 0.15 feet
below pavement, found 0.12 feet West of said South Quarter corner; thence along said North right of way line, South 73 degrees
23 minutes 38 seconds West, a distance of 664.65 feet to the Southeast corner of land described in deed Record Book 733, Page
293, said point lying North 73 degrees 23 minutes 38 seconds East, a distance of 717.00 feet from the intersection of said North
right of way line and the West line of the Northeast Quarter of the Southwest Quarter of said Section 26; thence North along the
East line of said land, North 03 degrees 31 minutes 56 seconds West, a distance of 253.80 feet to the Northeast corner of said
land; thence along the North lines of said land and land described in Instrument Number 9345091, parallel with said North right
of way line, South 73 degrees 23 minutes 38 seconds West, a distance of 323.00 feet to the East line of land described in Deed
Record Book 631, Page 261; thence North along the East line of said land, North 03 degrees 31 minutes 56 seconds West, a
distance of 336.20 feet to the Northeast comer of said land; thence along the North lines of said land and land described in
Instrument Number 7904906, South 89 degrees 06 minutes 32 seconds West, a distance of 217.30 feet to the Northeast comer of
land described in Instrument Number 9127193; thence along the North line of said land, South 87 degrees 54 minutes 48 seconds
West, a distance of 120.70 feet to the West line of the Northeast Quarter of the Southwest Quarter of said Section 26; thence
North along said West line, North 00 degrees 16 minutes 44 seconds East, a distance of 534.40 feet to the North line of the
Northeast Quarter of the Southwest Quarter of said Section 26; thence along said North line, South 88 degrees 58 minutes 59
seconds East, a distance of 1321.37 feet to the point of beginning; said described tract containing 23.789 acres, more or less.
Subject to any easements, covenants, restrictions, and right of way of record. Said parcel to be developed and subdivided and
will be known as Inverness Woods Subdivision.
Fairway, LLC
Andrew W. Place, Partner
1620 North Ironwood Drive
South Bend, IN 46635
WATER AND SEWER
Mailing Address: Same
Fairway LLC, Andrew W. Place, Partner, 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 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 instrume f conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject
o the terms of this document the acceptan of such instrument shalt constitute an acceptance of the foregoing provisions by
s id gr cc, vendee, or 71tr,/L--
achaser an heir s essors in title.
irway LLC,Andrew W. Place, Partner
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Fairway LLC, Andrew W. Place, Partner, and
he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
hand and No 'al . eal this Day of 7ahe,,f m92--2-Goc/
(Writt ignalurc) Notary Public, State of Indiana
(Printed) L ' a �x7_ County of St. Joseph
My Commission Expires Apr. 30, 2008
A resident of St. Joseph County, Indiana. My Commission Expires:
This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
F:\DATA\SI-IARET-NGINEER\WPDATA\CONSENTCOM.wpd
Hold Recorded ,U for: Board of Public rls
-ZqD—;
RECORDED ON
03/16/2005 01:22:09PM
TERRI J.
ST. JOSEPHETHLAKE COUNTY
RECORDER
REC FEE: $9.00
PAGES: 1
CONSEANDTOCKNOWLEDGEM ACKNOWLEDGEMENT OF CITY REMONSTRATE
CITY COMPACT F F RIGHT TO O S
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:
Lc al Descri Lion: „ zR u,,,, Range 1E� Warren Township, St.
A part of the Northeast Quarter of the Southwest Quarter of Section 26, Townshir .. _ ..,..:h, _.ang 1,
Joseph County, Indiana, being more particularly described as follows:
Beginning at the center of said Section 26, being marked by an iron bolt, 0.2 feet below the surface, thence South along the East
line of said Southwest Quarter, South 00 Degrees 13 Minutes 34 Seconds West, a distance of 809.80 feet to the North right of
way line of US 20 (Lincoln Trail, said corner lying North 00 Degrees 13 Minutes 34 Seconds East, a distance of 1829.52 feet
from the South Quarter corner of said Section 26, being marked by a 1-1/2" diameter bolt with center punch mart, 0.15 feet
below pavement, found 0.12 feet West of said South Quarter corner; thence along said North right of way line, South 73 Degrees
23 Minutes 38 Seconds West, a distance of 664.65 feet to the Southeast comer of land described in Deed Record Book 733, Page
293, said point lying North 73 Degrees 23 Minutes 38 Seconds East, a distance of 717.00 Feet from the intersection of said
North right of way line and the West line of the Northeast Quarter of the Southwest Quarter of said Section 26; thence North
along the east line of said land, North 03 Degrees 31 Minutes 56 Seconds West, a distance of 253.80 feet to the Northeast comer
of said land; thence along the North lines of said land and land described in Instrument Number 9345091, parallel with said North
right of way line, South 73 Degrees 23 Minutes 38 Seconds West, a distance of 323.00 feet to the East line of land described in
Deed Record Book 631, Page 261; thence North along the East line of said land, North 03 Degrees 31 Minutes 56 Seconds West,
a distance of 336.20 feet to the Northeast comer of said land; thence along the North lines of said land and land described in
Instrument Number 7904906, South 89 Degrees 06 Minutes 32 Seconds West, a distance of 217.30 feet to the North east comer
of land described in Instrument Number 9127193; thence along the North line of said land, South 87 Degrees 54 Minutes 48
Seconds West, a distance of 120.70 feet to the West line of the Northeast Quarter of the Southwest Quarter of said Section 26;
thence North along said West line, North 00 Degrees 16 Minutes 44 Seconds East, a distance of 534.40 feet to the North Line of
the Northeast Quarter of the Southwest Quarter of said Section 26; thence along said North line, South 88 Degrees 58 Minutes 59
Seconds East, a distance of 1321.37 feet to the point of beginning; Said described tract containing 23.789 acres, more of less.
Subject to any easements, covenants, restriction, and right of way of record. Said parcel to become Inverness Woods Sub.
Fairway L.L.C.,
Andrew W. Place, Member
--16-10 North ]ronn od Road, - - -
South Bend, IN 46635,
SEWER ONLY
MnAing Addresc- Same
Fairway L.L.C., Andrew W. Place, Member, 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 nun 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 doe le
and the acceptance of such instrument shall constitute an acceptance of the foregoing
ee, r contract purchaser and their successors in title.
provisions by said grantee, vend
i
U �•; 1t 05
Fairway L.L.C., Andrew W. Place, Member
STATE OF INDIANA ) Q
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Fairway L.L.C., Andrew W
and he acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed.
WITNESS -my hand and Npta�a Seal this Da of 2004
(Wr*de6 Si lure) LITA L D011THAnT
Nntaly Public, State of Indiana
printed) County of St, Joseph
A resident of St. Joseph County, Indiana. �.'t f on'1'tigcjotl E;:1;Ims Apt•. 30, 2008
My Commission Expires:D L>
Place, Member
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana
46601.
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1316 COUNTY-CiTY BUILDING
SOUTH BEND, 1NDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
March 31, 2005
Mr. Andrew W. Place
Fairway, L.L.C.
1620 North Ironwood Road
South Bend, Indiana 46635
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
A part of the Northeast Quarter of Section 26,
Township 38 North Range 1 East, Warren Township
Dear Mr. Place:
( q3
PHONE 5741235-9251
FAx 574/235-9171
TDD 5741235-5567
SEWER ONLY
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on March 16, 2005. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Sincerely,
ovll�, ' - 'Angela Jacob Clem
b
Enclosure