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HomeMy WebLinkAbout#3052- Deed; CONSENT TO ANNEXATION - SEWER AND WATER Lot A, Grouse's Addition - Third Replat - Northeast Corner of Western Avenue and Hollywood Blvd.3 (� 2/13/2006 Consent to Annexation - Sewer and Water 17-1034-0929 LOT NO. A SUB: _ Superclean Corporation/Williarn Veldma.n/J'ohn Becker 23598 Western Avenue Description: Lot A, Grouse's Addition - Third Replat - Northeast Corner of Western Avenue and Hollywood Blvd. RECORDED AS PRESENTED Ohl .170 0 02/13/2006 11:57:56APl TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $11.00 RAGES„ 2 Hold Recorded copy for: Board�ofPub�licWorks 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: APPROVED Key #1 Third Re tat — -Lot A, Gr 8�1>�i ubljc orl" Third Replat — Northeast c {<'�e Avenue and Hollywood Blvd WATER AND SEWER ��� ZQd� Mailing Address: 2400 Miracle Land Superclean Corporation -� Mishawaka, IN 46545 William Veldman, President1 John Becker, Vice President 23598 Western Avenue South Bend, IN 46619 i~ y Superclean Corporation, William Veidman, resident an 'lofin Becker, Vice President, 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 Ziddntee, v dee, or contract purchaser and their successors in title. Superc an Corporation Superclean Corporation William Veldman, President John Becker, Vice President STATE OF 1NDIANA ) SS: COUNTY OF ST. JOSEPH ) William Veldman and Before me, a Notary Public in and for said County and State, personally appeared .John Becker, and they acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act and deed. WITNESS my hand and Notarial Seal this 3 O I kY Day of -J 1q JA /V- ' 2006. (Written Signature) r _ PROVED- 1� Bo of Public Works L (Printed)'• Y A resident of St. Joseph County, Indiana. - . F � ,r ,�,�••• My Commission Expires:_ , f r2 1—go % 3 This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:IDATAISI-IA[tE\ENGINI;ERIWPDATAICONSL'-NTCOM I a-wpd s Prescribed by the State Board of Accounts (2005) Declaration County Form 170 This form Is to be signed by the prepa�er of a document and recorded with each document in accordance with IC 36-2-7.5-5(a), I, the undersigned preparer of the attached document,.ln accordance with IC 36-2-7.5, do hereby affirm under the penalties of perjury: 1, 1 have reviewed the- attached document for the purpose of identifying and, to the extent 'permltted by law, redacting all Social Security numbers; 2. 1 have redacted, to the extent permitted by law, each Social Security number In the attached document. 1, the undersigned, affirm under the penalties of perjury, (hat the foregoing declarations are true. A resident of St. Joseph County, Indiana. My Commission Expires: Signature of Declarant ( 4 /i r._ �SS Printed Name of Declarant ` ' i Z V U 6 This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:IDATA\Si-IAREIENGINEERI W PDATA\CONSENTCOM i a.wpd 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS March 22, 2006 Mr. William Veldman Superclean Corporation 2400 Miracle Lane Mishawaka, Indiana 46545 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 ONLY Dear Mr. Veldman: The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on February 13, 2006. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure Sincerely, Angela K. Jacob, C rk GARYA. GILOT, P.E. CART. P. LITTRELL, P.L. DONALD E. INKS' PRESIDENT MEMBER MEMBER RECORDED AS PRESENTED ON 02/13/2006 11:57:56PM TERRI J. RETHLAY,E ST. JOSEPH COUNTY RECORDER REC FEE: $11 00 PAGES: 2 1-lold Recorded copy for: Board ofPublie 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: APPROVED Key #17-1034-0929 -hot A, G]MAftfflublie Works Third Replat - Northeast c Avenue and Hollywood Blvd WATER AND SEWER F _3 1 '1 7006 Mailing Address: 2400 Miracle Land Superclean Corporation Mishawaka, IN 46545 William Veldman, President _ n John Becker, Vice President c l �aU 23598 Western Avenue ,• South Bend, IN 46619 Superclean Corporation, William Vek&nita, dsid'.:nit an Becker, Vice President, 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 anVq deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and Telease 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 As-aidtee, v dee, or contract purchaser and their successors in title. Corporation Supperclean Corporation William Veldman, President John Becker, Vice President STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) William Veldman and Before me, a Notary Public in and for said County and State, personally appeared John Becker, and they acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act and deed. WITNESS my hand and Notarial Seal this 3 0 ! ki Day of J per^ �� (Written Signature) APPROVED B of Public Works note A resident of St. Joseph County, Indiana. �' NA A 2006 My Commission Expires: ! ~ 02 / - 9 0 / -3 This instrument was prepared by Aladean De Rose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F.\DATA\SHAR6IENGINEER\ WPDATAICONSt:-NTCOM 1 u wpd 0604726 Prescribed by the County Form 170 State Board of Accounts (2005) Declaration This form Is to be signed by the prepa�er of a document and recorded with each document In accordance with IC 36-2-1.5-5(a). I, the undersigned preparer of the attached document,.(n accordance with IC 36-2-7.5, do hereby affirm under the penalties of perjury: 1, t have reviewed the,attached docurent for the purpose of identifying and, to the extent permlhed by Saw, redacting all Social Security numbers; 2. 1 have redacted, to the extent permitted by law, each Social Security number in the attached document. I, the undersigned, affirm under the penalties of perjury, that the foregoing declarations are true. Signature of Declarant Printed Name of Declarant COUr,ITY OF ST.!OSEPH, !i\01ANA i t)nreby csrtify Ihiat this is ? true - id cor,• oicte cope ci Li o cF�2 clot : nt Gn---4x i l t;�`, ] ` i;,e� :thlake, /ou41 oReGo- er This Certification Stamp Replaces Our Previous Certification System, Effective i-jS ; 0604726