HomeMy WebLinkAbout#2999- Deed; CONSENT TO ANNEXATION Lot 28 Peppermint Hill Subdivision. North SR 23 on Julep Court2/28/206F'
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Consent to Annexation - Water Y
05-1035-0448.2
LOT NO.28
SUB: Peppermint Hill Sub
Cathleen Austin -Burnett
23787 Julep Court
Description:
Lot 28 Peppermit Hill Subdivision. North SR 23 or
Julep Court
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1316 COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
April 11, 2005
Ms. Cathleen Austin -Burnett
23787 Julep Court
South Bend, Indiana 46614
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE - WATER ONLY
Lot 28 Pepperrrlit Hill Subdivision
North of S.R. 23 on Julep Court
Key No. 05-1035-0448.20
Dear Ms. Austin -Burnett:
PHONE 5741235-9251
FAx 5741235-9171
TDD 5741235-5567
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,
&gelaWaUb,�Cle
Enclosure
f Hold Recorded copy for: I�Oard of Public Works
Q)!ESQ►4B47ai
RECORDED ON
02/28/2005 03:00:07Ph
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $9.00
PAGES: I
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 405-1035-0448.20 Lot 28 Peppermint
Hill Subdivision. North of SR 23 on
Julip Court.
Cathleen Austin -Burnett
23787 Julip Court —s V` e 9
South Bend, IN 46614
WATER ONLY
Mailing Address: 23765 Julip Court
South Bend, IN 46614
Cathleen Austin -Burnett, 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 Chanter 17 Article 10, Section 17-86 of the South Rc nd NIur,icifal Code, ;wciei iurthcr 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.
Cathleen Austin -Burnett
STATE OF INDIANA
SS: L
COUNTY OF ST. JOSEPH
Before me, a Notary Public in and for said County and State, personally appeared Cathleen Austin -Burnett, and she
acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed.
WITNESS my ha Notarial Seal this Day of — -� 2005
(Written Signature)�`
rinted DEEP A IC 5PRiNOtvlARi
A resident of St. Joseph County, Indiana.
p ty� 1. )TARY PUBLIC STATE OF INDIANi- t
5T RI(E COUNTY nn��
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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