HomeMy WebLinkAbout#3013- Deed; CONSENT TO ANNEXATION - WATER ONLY 2nd. Replat - West side of Locust road, south of Jackson Roadr
11/ 4/2005
Consent fo annexation - Water only
01-1016-032808
LOT NO. Lot 8A
SUB: Locust Knolls Estates
Fred W. an Debra A Heaney
6014E Locust Road
Description:
2nd. Replat - West side of Locust road, south of Jackson
Road
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RECORDED ON
11/14/2005 04:07:50PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $9. 00
PAGES: 1
i
Hold Recorded copy for: Board of Public Works
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 to St. Joseph County, Indiana:
Key #01-1016-032808 Lot 8A, Locust Knolls Estates
2"d Replat — West side of Locust Road
South of Jackson Road.
Fred W. and Debra A_ Heaney
60145 Locust Road
South Bend, IN 46614
WATER ONLY
Mailing Address: 2216 Blue Smoke Trail
Mishawaka, IN 46544
Fred W. and Debra A. Heaney, 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.
Fred W. Heaney
STATE Of INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
W-1-01 K .
" L5_'1r_
Debra A. Heaney
Before me, a Notary Public in and for said County and State, personally appeared Elmer Fred W. and Debra A. Heaney, and they
acknowledged the execution of the foregoing Consent to Annexation as�t}heiriv�o�luntary act and deed.
WITNESS my hand and Notarial Seal this ) 8 h Day of �C`�r 2005
.,r;. residelit•of�
• .
My Commissionxpae. C
,',Joseph County, Indiana.
--(0—iC)
,011ROVED
Board of Public 4Vor 1ti
This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
F:IDATAISI-IAREIENGINEERIWPDATAICONSENTCOM l.wpd
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1330
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
November 30, 2005
Mr. & Mrs. Fred Heaney
60145 Locust Road
South Bend, Indiana 46614
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE — WATER ONLY
2°d Replat — West side of Locust Road — South of Jackson Road
Lot 8A, Locust Knolls Estates
Key # 01-1016-032808
Dear Mr. & Mrs. Heaney:
PHONE 574/ 235-9251
FAx 574/235-9171
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,
Angela Lacob, C1�)rk
Enclosure
ENGINEERING ENvIRONMENTALSERVICES CENI"RALSERVICES
CART. LITMELL, P.E. JoI N J. DILLON, PH.D. MATT CHLEBOWSiC
574/235-9251 574/277-8515 574/235-9316
FAX 574/235-9171 FAX 574/277-8980 FAx 574/235-9007
STREETS
SAM HENSLEY
574/235-9244
FAx 574/235-9272
WATERWORKS
JOHN E STANCXn
574/235-9322
FAx 574/235-9728