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HomeMy WebLinkAbout#3011- Deed; CONSENT TO ANNEXATION - WATER ONLY Southest corner of Maple Lane & Bulla Road.112005 1111 Consent to annexation - Water only 02-2074-3386 LOT NO. 130, 131, 132, 176, 177, 178 SUB: Maple Lane Subdivision Praise Fellowship Seventhday Adventist Church 54301 Maple Lane Description: Southest corner of Maple Lane & Bulla Road. CD-'__3 152687 RECORDED ON 11/14/2005 04:07:52PH TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9.00 PAGES: 1 Hold Recorded copy for: Board of Public Works CONSENT TO 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 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 #02-2074-3386Lots 130, 131, 132, 176, 177 and 178 Maple Lane Subdivision Southwest corner of Maple Lane and Bulla Road Praise Fellowship Seventhday Adventist Church 54301 Maple Lane South Bend, 1N 46635 Sharon L. Easton, Treasurer WATER ONLY Mailing Address: Same Praise Fellowship Seventhday Adventist Church, Sharon L. Easton, Treasurer, 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 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. AYPROVED hoard of Public Works Praise Fellowship Seventhday Adventist Church NOV Y�� Sharon L. Easton, Treasurer / i STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Praise Fellowship Seventhday Adventist Church Sharon L. Easton, Treasurer, and she acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. WITNESS my hand and Notarial Seal this ,-,2 y Day of `��� 2005. �(Wrin&ignafure) 41. ,",1. h, l ro Printed) A resident of St. Joseph County, Indiana. My Commission Expires: This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:IDA"rALSI-IAREIENG I N LER1 W PDATAICONSL'• N'rCOM I awpd 1316 CoUNTY-CITY BUILDING 227 W. ]FFFMON BOULEVARD SOUTH BEND, INMANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS GARY A. GtLoT, P.E. DIRECTOR OF PUBLIC WORKS November 30, 2005 Ms. Sharon L. Easton Treasurer Praise Fellowship Seventhday Adventist Church 54301 Maple Lane South Bend, Indiana 46635 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — WATER ONLY Lots, 130, 131, 132, 176, 177, 178 — Maple Lane Subdivision Southwest comer of Maple Lane and Bulla Road Key No. 02-2074-3386 Dear Ms. Easton: PHONF 574/ 235-9251 FAx 5741235-9171 TDD 574/ 235-5567 The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on November 14, 2005. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Sincerely, 1, Angela K.acob, Clerk Enclosure ENGINZIMC CARL ENVIRONMENTAL SERVICES CENTRAL SERVICES 129� 1Z JOHN J. DILLON, PH.D. MATT CHLEBOWSKI 9251 FAX 574I235-9171 574/277-8515 574/235-9316 FAx 574/277-8980 FAx 574/235-9007 STREETS Sxm HEPISLEY 574/235-9244 FAx 574/235-9272 WATERWORKS JOHN F. STANc.A-n 574/235-9322 F,w 574/235-9728