HomeMy WebLinkAbout#2953- Deed; CONSENT TO ANNEXATION - WATER ONLY Lot 6 in Ranch Acres Sub. South Side of Cleveland Road just East of Juniper RoadCONSENT TO ANNEXATION
WATER ONLY
Gilbert J. Coty, III
18920 Cleveland Road
± South Bend, IN 46637
Key No. 02-1020-0427.14
Description: Lot 6 in Ranch Acres Subdivision. South
Side of Cleveland Road just East of Juniper Road.
Mailing Address:
1232 Huff Avenue, Niles, MI 49120
. zq 53
1316 COUNTY-ClTY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
January 26, 2005
Mr. Gilbert J. Coty, III
1232 Huff Avenue
Niles, Michigan 49120
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE - WATER ONLY
Lot 6 in Ranch Acres Subdivision. South Side of
Cleveland Road just East of Juniper Road
Key No. 02-1020-0427.14
Dear Mr. Coty:
PHONE219/235-9251
FAX 219/235-9171
TDD 219/235-5567
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on January 6, 2005. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Sincerely,
J <
Angela . Jacob, C rk
Enclosure
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RECORDED ON :
LAKE
: 2111
01/06/2005 09:00:18AN
TERRI J. RETHLAxE
LAKE
HTY
ST. JOSEPH COUNTY
RECORDER
rr — -- - .REC FEE: S10.00
Hold Recorded copy for: Board of Public W�i�cs'ES : 1
i
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGMENT OF CITY COMPACT FEES
In consideration for pennission 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 402-1020-0427.14 Lot 6 in RAPc-ll
Acres Subdivision. South side
of Cleveland Road just East
of Juniper Road.
Gilbert J. Coty III
18920 Cleveland Road
South Bend, IN 46637
WATER ONLY
Mailing Address: 1232 Huff Avenue
Niles, MI 49120
Gilbert J. Coty 111, 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
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 d liuvIry of any instru "ent of conveyance from the Owner to any successor, grantee, vendee or contract
irchagerAs st�bjeg'I to the erms of this document and the acceptance of such instrument shall constitute an
;cepin; a of he orego g provisions by said grantee, vendee, or contract purchaser and their successors in title.
Eil'.EROVEE,
Gil rtJ. votyIII lei
STATE OF INDIANA
SS: G�
COUNTY OF ST. JOSEPH
Before me, a Notary Public in and for said County and State, personally appeared Gilbert J. Coty III and he
acknowledged the execution of the foregoing Consent to Annexation as his voluntary aq and deed.
WITNESS my hand and Notarial Seal this �l Day of G4 v2004.
�-Q Vl f').1� L , CP N lJ�
(Written Signature)
Printed
A re ident 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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