HomeMy WebLinkAbout#2959- Deed; CONSENT TO ANNEXATION - SEWER WATER A parcel of land being a part of the sw corner of sec 26 twnsp 38 N rge 1 east Warren Twnshp29 9
4/2 /ZOOS
Consent to Annexation - Sewer/Water
LOT NO.
SUB: West Point Estates Sec 2
Portage Realty Group
129 Dixie Way N
Description:
A parcel of land being a part of the sw corner of sec 26
twnsp 38 N rge least Warren Twnshp
1316 COUNTY-CETY BUILDING
227 W JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
Aiigilst 2, 2005
Mr. David Hunter
Portage Realty
129 Dixie Way North
South Bend, Indiana 46637
PHONE 5741235-9251
FAx 574/235-9171
TDD 574/235-5567
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE — SEWER AND WATER
West Point Estates, Section 2
Dear Mr. Hunter:
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on April 26, 2005. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Sincerely,
Angela K. Jacob, Clerk
Enclosure
n,,, — - P [uuc
RECORDED ON
04/26/2005 02:45:59PM
TERRI J RETHLAKE
ST. JOSEF"H COUNTY
RECORDER
REC FEE: $9.00
PAGES: I
�HoldRecorde�eopy or. Boa�ofblic s-_
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
In consideration for permission to lap 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:
A parcel of land being a part of the Southwest Quarter of Section 26, Township 38 North, Range I East, Warren Township, St. Joseph County,
Indiana, being more particularly described as follows:
Beginning at the Northwest comer of the plat of West Pointe Estates, Section One recorded as instrument numbered 94 41263 in the office of the
Recorder of St. Joseph County, Indiana; thence for the next seven courses along the Westerly line of said plat of west Pointe Estates, Section One;
the first course being South 00 37' 06" East, a distance of 227.92 feet; thence South 72 52' 29" East, a distance of 55.04 feet; thence South 17 07'
31" West, a distance of 172.00 feet; thence South 72 52' 29" East, a distance of 70.77 feet; thence South 17 07' 31" West, a distance of 168.00 feet;
thence South 72 52' 29" East, a distance of 52.05 feet; thence South 17 07'3I" West, a distance of 140.00 feet to the Southwest comer of Lot 49 in
said West Pointe Estates, Section One; thence South 82 15' 11" West, a distance of 159.94 feet; thence South 89 27' 09" West, a distance of
180.00 feet; thence North 07 46' 58" East, a distance of 94.55 feet; thence North 05 14' 46" East, a distance of 347.00 feet; thence North 00 44'
52" West, a distance of 140.00 feet; thence North 17 19' 56" East, a distance of 31.28 feet; thence North 00 44' 52" West, a distance of 149.96 feet
to a point on the Centerline of US 20 (Lincoln Trail); thence North 89 27' 09" East, along said centerline, a distance of 339.42 feet to the place of
beginning. Containing 6.03 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 West Pointe Estates, Section 2.
Portage Realty Corporation
David L. Hunter, President
129 Dixie Way North
South Bend, IN 46637
SEWER AND WATER
Mailing Address: Same
Portage Realty Corporation, David L. Hunter, President, 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
�' —�' ��-^���••^^ ^^^ * ^ - a•.�r- -��, t m signs. at3c:cs and stipulates irrevocably to vest in the City of South Bend the
KLUURDLD oil
04/26/2005 02,45.55PV1
TERRT J. RETHLAKE
ST. JOSEPH COUtITY
RECORDER
REC FEE; $9.00
PAGES: 1
Hold Recorded copy for: Board of Public
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;
A parcel of land being a part of the Southwest Quarter of Section 26, Township 38 North, Range I East, Warren Township, Sl. Joseph County,
Indiana, being more particularly described as follows:
Beginning at the Northwest corner of the plat of West Pointe Estates, Section One recorded as instrument numbered 94 41263 in the office of the
Recorder of St. Joseph County, Indiana; thence for the next seven courses along the Westerly line of said plat of West Pointe Estates, Section One;
the first course being South 00 37' 06" East, a distance of 227.92 feet; thence South 72 52' 29" East, a distance of 55.04 feet; thence South 17 07'
3 1 " West, a distance of 172.00 feet; thence South 72 52' 29" East, a distance of 70.77 feet; thence South 17 07' 31" West, a distance of South
170 feet;
thence South 72 52' 29" East, a distance of 52.05 feet; thence South 17 07'31" West, a distance of 140.00 feet to the Southwest corner of Lot 49 in
said West Pointe Estates, Section One; thence South 82 15' 11" West, a distance of 159.94 feet; thence South 89 27' 09" West, a distance of
180.00 feet; thence North 07 46' 58" East, a distance of 94.55 feet; thence North 05 14' 46" East, a distance of 347.00 feet; thence North 00 44,
52" West, a distance of 140,00 feet; thence North 17 19' 56" East, a distance of 31.28 feet; thence North 00 44' 52" West, a distance of 149.96 feet
to a point on the Centerline of US 20 (Lincoln Trail); thence North 89 27' 09" East, along said centerline, a distance of 339.42 feet to the place of
beginning. Containing 6.03 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 West Pointe Estates, Section 2.
Portage Realty Corporation
David L. Hunter, President
129 Dixie Way North
South Bend, IN 46637
SEWER AND WATER
Mailing Address: Same
Portage Realty Corporation, David L. Hunter, President, 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 trend, Vwner, for lhemselvcs and their successors and assigns, agrees and stipulates irrevocably to vest in the City or'South Beni 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 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 i title.
Portage Realty Corporation, Board of
David L. hunter, President
A ID R 20
STATE OF INDIANA )
COUNTY OF ST. JOSEPH SS:
Before me, a Notary Public in and for said County and State, personally appeared Portage Realty Corporation, David L. blunter, IFrtrd�iill,ae
acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. Pya, J: •-�
Witness my h and Nutari ' Seal this bth Day of Y 1 �r JJ `l? ......
r`LI'4
(Wri en ignature) tiff �; i;.1,'��t
Printed
A resident of St. Joseph County, Indiana. My Commission Expires: v A
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
F:IDATAISHAREIENGINSERI WPDATAICONSENTCOMB.wpd
ii:rh ;__p l.. ;a• n . .
RECORDED ON
04/26/2005 02:45:59PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $9.00
PAGES: 1
Hold Recorded copy for: Board of Public - r
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 DESCROT ION -
A parcel of land being a part 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 Northwest corner of the plat of West Pointe Estates, Section One recorded as instrument numbered 94 41263 in the office of the
Recorder of St_ Joseph County, Indiana; thence for the next seven courses along the Westerly line of said plat of West Pointe Estates, Section One;
the first course being South 00 37' 06" East, a distance of 227.92 feet; thence South 72 52' 29" East, a distance of 55.04 feet; thence South 17 07'
3 1 " West, a distance of 172.00 feet; thence South 72 52' 29" East, a distance of 70.77 feet; thence South 17 07' 31" West, a distance of 168.00 feet;
thence South 72 52' 29" East, a distance of 52.05 feet; thence South 17 0T31" West, a distance of 140.00 feet to the Southwest comer of Lot 49 in
said West Pointe Estates, Section One; thence South 82 15' l 1" West, a distance of 159.94 feet; thence South 89 27' 09" West, a distance of
180.00 feet; thence North 07 46' 58" East, a distance of 94.55 feet; thence North 05 14' 46" East, a distance of 347.00 feet; thence North 00 44'
52" West, a distance of 140.00 feet; thence North 17 19' 56" East, a distance of 31.28 feet; thence North 00 44' 52" West, a distance of 149.96 feet
to a point on the Centerline of US 20 (Lincoln Trail); thence North 89 27' 09" East, along said centerline, a distance of 339.42 feet to the place of
beginning. Containing 6.03 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 West Pointe Estates, Section 2.
Portage Realty Corporation
David L. Hunter, President
129 Dixie Way North
South Bend, IN 46637
SEWER AND WATER
Mailing Address: Same
Portage Realty Corporation, David L. Hunter, President, 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/fown 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 i title.
APPROATD
// Board of Public Works
./Portage Realty Corporation,
David L. Hunter, President AN 5 200
STATE OF iNDL1NA )
) SS: 44,1 A4-
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Portage Realty Corporation, David L. Hunter, President, and he
acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
Witness my h and liot Seal this i� Day v` i SJY l IPe?—i�j
j
(Writ en 'ignature)
nr�1 C
Printed)
A resident of St. Joseph County, Indiana. My Commission Expires: /r-D/ �t-P
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
F:\DATALSHARF-TNOINEER\WPDATA\CONSENTCOUB.wpd