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Home My WebLink About#2997- Deed; CONSENT TO ANNEXATION - SEWER & WATER ONLY A parcel of land being a part of the Southeast Quarter of Section 25 and part of the northeast Quarter of Section 36, Township 28 North, Range 1 East, Warren Township3/16/2005 Consent to Annexation - Sewer and Water Only LOT NO. SUB: Terre Verre Hills Sub Hunter- M fi-(LI N (- lt-h b k&S S 129 Dixie Way S./—'- Description: A parcel of land being a part of the Southeast Quarter of Section 25 and part of the northeast Quarter of Section 36, Township 28 North, Range 1 East, Warren Township 3/16/2005 Consent to Annexation - Sewer and Water Only LOT NO, SUB: Terre Verre Hills Sub Hunter- A f}-(LI N �_- 129 Dixie Way S � Description: A parcel of land being a part of the Southeast Quarter of Section 25 and part of the northeast Quarter of Section 36, Township 28 North, Range 1 East, Warren Township RECORDED ON 03/1.6/2005 03.:22:10P[q TERRI J. RETHLRKE ST. JOSEPH COUNTY RECORDER REC FEE• -�--," -- -- FAA G L• S : I-Iold Recorded copy for: Board of Publi�Works� CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES $9.00 In consideration for permission to tap into the municipal utility system (water and/or water) of the city of South Bend, Indiana, in order to provide sanitary sewer and/or water service to the following described properly, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: LEGAL DESCRIPTION: A parcel of land being a part of the Southeast Quarter of Section 25 and part of the Northeast Quarter of Section 36, Township 38 North, Range I East, Warren Township, St. Joseph County, Indiana, and described as follows: Commencing at the Northwest comer of the Southeast Ouarter of Section 25: thence South 00 07' 28" West along the West line of said Southeast Quarter, a distance of 316.50 feet to a point on the centerline of Lincolnway West (US 20); thence South 61 27' 46" East along said centerline a distance of 561.53 feet to the point of beginning; thence continuing South 61 27' 46" East along said centerline a distance of 377.85 feet to the Northwest comer of Delanghe's First Replat as shown in the Office of the Recorder of St. Joseph County, Indiana as Instrument Number 9625951; thence for the next two courses along the West line of said plat, the first being South 00 07' 28" West, a distance of 1886.01 feet to a point on the South line of said Southeast Quarter of Section 25 also being on the North line of the Northeast Quarter of Section 36; thence continuing South 00 07' 28" West, a distance of 330.01 feet to the Southwest corner of said plat; thence North 89 22' 05" West, a distance of 461.53 feet; thence North 00 07' 28" East, a distance of 330.01 feet to a point on said North line of the Northeast Quarter of Section 36; thence continuing North 00 07'28" East, a distance of 484.42 feet; thence South 89 33' 39" East, a distance of 129.18 feet; thence North 00 07' 28" East, a distance of 1578.00 feet to the point of beginning. Containing 20.00 acres, more or less. Said parcel to be known as Terre Verde Hills Subdivision. Portage Realty Corporation David L. Hunter, President 129 Dixie Way North South Bend, IN 46637 SEWER AND WATER 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. Purxaant to Chapter ; 7, Article 10, Section i 7-36 of the South Bend Municipal Code, 0-r,T..^.r f irthcr ac1rMo.vlcdgcs 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. �G Portage Realty Corporation, David L. Hunter, President STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) 1 Before me, a Notary Public in and for said County and State, personally appeared David L. Hunter, President and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notarial Scat this 9_'A, , Day of _F�&LLaY\ 8 1 2005 — i6a�� (Writt ature) Printed If Notary is a resident of St. Joseph County, IN aA n4 My Commission Expires: This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. F:1DA'fA1.Sl-IARE\ENGINEER\ W PDAI'A\CONS EN'I'COM2.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. David L. Hunter Portage Realty Corporation 129 Dixie Way North South Bend, Indiana 46637 PHONE 574/ 235-9251 FAx 5741235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Southeast Quarter of Section 25 and part of the Northeast QWuarter of Section 36, Township 38 North, Range 1 East, Warren Township SEWER AND WATER Dear Hunter: The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on March 16, 2005, A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Sincerely, cJagel;` o lerk Enclosure