HomeMy WebLinkAbout#2996- Deed; CONSENT TO ANNEXATION - WATER ONLY Lot 237 Maple Lane Subdivision. Northwest Corner of SR 23 and Northern Ave.1 /25/2005
Consent to Annexation - Water Only
02-2075-3493
LOT NO. 237
SUB: Maple Lane Subdivision
Dale R. Devon
17847 SR 23
Description:
Lot 237 Maple Lane Subdivision. Northwest Corner of
SR 23 and Northern Ave.
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RECORDED ON
01 /25/20@5 12 : 59 :22PA
TEkRT J. kETHLAKE
CHold ecorded copy for: Board of Public Works ST. JOSEPH COUNTY
---- ----- M_w� RECORDER
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONffiE: $9. 00
AND ACKNOWLEDGEMENT OF CITY COMPACT FE 1
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 #02-2075-3494 Lot 237 Maple Lane
Subdivision. Northwest comer of SR
23 and Northern Avenue.
Dale R. Devon
17847 SR 23
South Bend, IN 46635
WATER ONLY
Mailing Address: Same
Dale R. Devon, 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.
Dale R. Devon
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Dale R
acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
WITNESS my hand and Notarial Seal this Da of 2005
Devon, and he
APPROVED
ward of Public W.-
Signature)
A resident of St. Joseph
My Commission Expires: - Z ' 6
k,i
, Indiana.
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
Indiana 46601. F:rDATA\SE-IAREIENGINEERIWPDATA\CONSENTCOMI.wpd
1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
March 31, 2005
Mr, Dale R. Devon
17847 SR 23
South Bend, Indiana 46635
PHONE 574/ 235-9251
FAx 5741235-9171
TDD 5741235-5567
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
Lot 237 Maple Lane Subdivision.
Northwest Corner of SR 23 and Northern Ave.
Key No. 02-2075-3493 WATER ONLY
Dear Mr. Devon:
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on January 25, 2005. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Sincerely,
Ang ela 1: Jacob, CTe`rk
Enclosure