HomeMy WebLinkAbout#2952- Deed; CONSENT TO ANNEXATION - WATER ONLY East side of Orange Road just North of Blackthorn Harbor DriveCONSENT TO ANNEXATION
WATER ONLY
George B. and Patricia H. McRae
51680 Orange Road
South Bend, IN 46628
Key No. 04-1010-0174.07
Description: East Side of Orange Road just North of
Blackthorn Harbor Drive.
Mailing Address: Same
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1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
January 26, 2005
Mr. and Mrs. George McRae
51680 Orange Road
South Bend, Indiana 46628
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE - WATER ONLY
East side of Orange Road just North of
Blackthorn Harbor Drive
Key # 04-1010-0174.07
Dear Mr. and Mrs. McRae:
PHONE219/235-9251
FAX 219/235-9171
TDD 219/235-SS67
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on December 28, 2004. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Enclosure
Sincerely,
Angela K. Jabob, Clerk
(Written Si naturr
Printed
A resident of St. Joseph County, Indiana.
My Commission Expires: {?:
This instrument was prepared,by AJtideari E 411 se, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 46601. 4"
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RECORDED ON
12/28/2004 02:48:37Ph
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $9.00
PAGES: 1
I Told Recorded copy for: Qoard 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 #04-1010-0174.07 East side of Orange
Road just North of Blackthorn Harbor
Drive. WATER ONLY
George B. and Patricia H. McRae
51680 Orange Road Mailing Address: Same
South Bend, IN 46628
George B. and Patricia H. McRae, owners ofthe 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
foregoin provisions by said grantee, vendee, or contract purchaser and their successors in title.
T-
George B. McRae Patricia H. McRae
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared George B. and Patricia H. McRae,
and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed.
� WITNESS my hand and Notarial Seal this Day of t?e-i-7-4 /'--2004
APPROVED
Pl/1 r_z C �(3 / �� Board of f'ubiic �'otics
(Written Satur )
ga
Printed / "
A resident of St., Joseph County, Indiana,
My Commission Expires: `� ' t' �- � •
This instrument was preparM.• y�ladean4 0gose, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 46601.
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