HomeMy WebLinkAbout#2978- Deed; CONSENT TO ANNEXATION - WATER ONLY Lot 1 Helmick's Addition - Southwest Corner of Darden Road and Hollyhock Road29 8
8/1 M05
Consent to Annexation - Water Only
02-1061-2656
LOT NO. 1
SUB: Helmick's Addition
Curtis & Janic
e Kenda
ll
19270 Darden Road
Description:
Lot 1 Helmick's Addition - Southwest Corner of Darden
Road and Hollyhock Road
1316 COUNTY -CITY BUILDING
227\n JEFFmoN BouLEvARD
SOUTH BEND, INDIANA 46601-1330
CITY OF SOUTH BEND ST£PHEN J. LU£CKE, MAYOR
BOARD OF PUBLIC WORKS
August 23, 2005
Mr. and Mrs. Curtis Kendall
19270 Darden Road
South Bend, Indiana 46637
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE —WATER ONLY
Key No. 02-1061-2656
PHONE 5741235-9251
FAx 574/235-9171
TDD 5741235-5567
Dear Mr. and Mrs. Kendalll:
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on August 10, 2005. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Enclosure
Sincerely,
ftgela K. Ja ob, Clerk
GARYA. GILOT, P.E. CARL P. LITTRELL, P.E.
PRESIDENT MEMBER
(WW en Signature)
Jrara, Pa�_sqr)
(Printed)
A resident of St. Joseph County, Indiana.
My Commission Expires: Jd l Z f Zv 13
DONALD E. INKS
MEMBER
r3
r .. r �-r:::•• CO, .
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South
Bend, Indiana 46601.
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RECORDED on
0f1/J0/POBJ 03a11:�9A17
TERRI J RETHLAKC
ST. JOSORDEREPH COUhiTY
REC
REC FEE:
�,0E1
PAGE,: 1
orded copy 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 #02-1061-2656 Lot 1 Helmick's
Addition — Southwest corner of Darden
Road and Hollyhock Road
Curtis D. and Janice M. Kendall
19270 Darden Road
South Bend, IN 46637
WATER ONLY
Mailing Address: Same
Curtis D. and Janice M. Kendall, owners 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 shaii 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.
Curtis D. Kendall
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
111TROVED
Ja ice M. Kendall Boarca s,f Iai,Ialic TVI)r ,
Before me, a Notary Public in and for said County and State, personally
and they acknowledged the execution of the foregoing Consent to Anne
WITNESS my hand ar)d Notarial Seal this �CP'11� Day of
(W en Signature) - -
r 60r& 0 . Pa44_S9 r)
(Printed)
A resident of St. Joseph County, Indiana.
BUG 0 �2Q
)eared Curtis D. and Janice M. Kendall
on as their voluntary act and deed.
••`�y:,.�,".•.i�•"�,' ����'-,;:-yyam�
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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