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Home My WebLink About#2998- Deed; CONSENT TO ANNEXATION - SEWER & WATER ONLY Lots 17 through 21, the North 199.6' of Lot 28 and all of lots 29 through 32 of the Vaness Plat as recorded in Plat Book Number 11, Page 13l; i 2/28/2005 Consent to Annexation -Sewer and Water Only LOT NO. SUB: Irish Crossings Mr. Daniel Foley/Irish Crossings Development PO Box 429 to q Description: ` Lots 17 through 21, the Nortvhane sPlat as recorded in of lots 29 through 32 of the Plat BookNumher 11, Page 13 �? JZ1EiSZ)L947E, RECORDED ON APR 1 T05 02/28/2005 03:00:08PH / TERRI J. RETHLAKE ST. JOSEPH COUNTY �•__ RECORDER REC FEE: $9. 00 Hold Recorded copy for: Board of Public Works PAGES: 1 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 water) 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• LEGAL DESCRIPTION: T�?�t r�r! nrihr cpr,,hc?sr �t,?rt�r of fiP,tiOn 3l, Tnwn¢hin 3R Nnr1h, Range 3 Fart Clay. Township, St. Joseph Countv. Indiana_ and described as follows: Lots 17 through 21, the North 119.6 feet of Lot 28 and all of Lots 29 through32 of the Vaness Plat as recorded in Plat Book Number 11, Page Number 13 in the St. Joseph County Recorder's On - Number ice. ard parcel to be known as Irish Crossings Irish Crossing;Dcvelopment, LLC Daniel A. Foley, Member P.O. Box 429 Notre Dame, IN 46556-0429 SEWER AND WATER Mailing Address: Same Irish Crossing,Development, LLC Daniel A. Foley, Member, 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/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 iNotice of St. Joseph County C:enified Tax Rates." The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to ilia terns 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. i• t`/j/ Irish Crossin�Developm, ty'LLC Daniel A. Foley, Member✓ FES STATE OF INDIANA ) COUNTY OF ST. JOSEPH ) SS: Before me, a Notary Public in and for said County and State, personally appeared Irish CrossingDevclopment, LLC, Daniel A. Foley, Member, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notarial Seal this � / Sd Day of � �'- �--/ 2005 (Written Signaatre) m i-in _l A ; ti C, -73, Tinted A resident of St. Joseph County, Indiana. :d�M""•. ' MARYANNBOUI.AC = ST. JOSEPH COUNTY S&AL ..;= My Commission Expires February 17, 2009 My Commission Expires: aL,.. /7 aC'o,� This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. Y:IDATAISl IARE1ENGl N EEIt1 WPDATAICONSENTCOM2.wpd 1316 COUNTY -CITY BUILDING SOUTH BEND, 1NDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS April 11, 2005 Mr. Daniel Foley Irish Crossings Development, LLC Post Office Box 429 Notre Dame, Indiana 46556 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — SEWER AND WATER Irish Crossings Development Dear Mr. Foley: The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on February 28, 2005, A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Sincerely, Angela . Jacob Jerk Enclosure - _�-_. --