HomeMy WebLinkAbout#2957- Deed; CONSENT TO ANNEXATION - WATER ONLYLots 55 & 56 in Alward's First Addition Northeast Corner of Lexington of Lexington Avenue and Lawrence Street2 57
3/3 d/2005
Consent to Annexation - Water Only
17-1027-0594
LOT NO. 0
SUB: Alward's First Add
Michael & Patricia Hensley
55306 LEXINGTON
Description:
Lots 55 & 56 in Alward's First Addition Northeast
Corner of Lexington of Lexington Avenue and
Lawrence Street
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1316 COUNTY -CITY BUILDING
SOUTIi BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUEcrE, MAYOR
BOARD OF PUBLIC WORKS
April 28, 2005
Mr. and Mrs. Michael Hensley
55306 Lexington Avenue
South Bend, Indiana 46628
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE - WATER ONLY
Lots 55 & 56 in Alward's First Addition Northeast
Corner of Lexington Avenue and Lawrence Street
Key No. 17-1027-0594
Dear Mr. and Mrs. Hensley:
PHONE 574/ 235-9251
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 on March 30, 2005. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Enclosure
C. CnK I-e—
, Indiana.
Sincerely,
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My Commission -14pam:;:
y Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
This instrument was prep2
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RECORDED ON
03/30/2005 02:36:32PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: S9.00
PAGES: I
old Recorded copy for: Board of Public Works
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGMENT 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 #17-1027-0594 Lots 55 & 56 in
Alward's First Addition Northeast
Corner of Lexington Avenue and
Lawrence Street.
Michael P. & Patricia L. Hensley
55306 Lexington Avenue
South. Bend, IN 46628
WATER ONLY
Mailing Address: Same
Michael P. & Patricia L. Hensley, 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 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.
Michael P. Hensley Patricia L. Hensley
STATE OF INDIANA )
)SS-.
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Michael P. & Patricia L. Hensley
and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed.
WITNESS my hand and Notarial Seal this_2 Day of 1 V a V G k 20Q45
gnature) ._ 6..
2 to . - - �-
�h County, Indiana. .....
My Commission ` i0,- l°'Vvy'`
This instrument was pre Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
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