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HomeMy WebLinkAbout#2946- Deed; CONSENT TO ANNEXATION - SEWER AND WATER ONLY Lot 12 and Part of Lot 13 Roanoke Heights Sub. S Side of Darden Rd E of SR 9332 46 Key No. 02-1100-923 Consent to Annexation - Sewer and Water Only 12/29/2004 Address: 19682 Darden Road South Bend, IN 46637 Name: Gerald Bueche Description: Lot 12 and Part of Lot 13 Roanoke Heights Sub. S Side of Darden Rd E of SR 933 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS December 29, 2004 Mr. Gerald Bueche 19682 Darden Road South Bend, Indiana 46637 NOW 574/ 235-9251 FAx 574/235-9171 TDD 5741235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Lot 12 and Part of Lot 13, Roanoke Heights Subdivision. South Side of Darden Road Just East of SR 933 Key # 02-1100-4923 SEWER AND WATER Dear Mr. Bueche: 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 t5pkA)a M<-KIge (Printed) A resident of St. Joseph County, Indiana. ission Expires: -b �8 ment was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, 601. F:\DATAISI-IARE\ENGINES• R\W PDATAICONS ENTCOM I .Avpd Q!145-7E5;---4 RECORDED ON 11/24/2004 10:08t21AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9.00 PAGES: 1 Hold Recorded opy-for: Board of Public Works 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 402-1100-4923, Lot 12 and part of Lot 13, Roanoke Heights Subdivision. South Side of Darden Road just East of SR 933. Gerald G. Bueche 19682 Darden Road South Bend, IN 46637 SEWER AND WATER Mailing Address: 19691 Darden Road South Bend, IN 46637 Gerald G. Bueche, 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 die 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. &44, k) APPROVED Gerald G. Bueche Board of Public Works NOY 2, STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Gerald G. Bueche, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand an T al Se this ZZ K D Day of 2004 ritten Signatu ) (Printed A resident of St. Joseph County, Indiana. My Commission Expires: /n's This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. f:\DATA\SHARE\ENGINEER\WPDATA\CONSENTCOM ] .%vpd