HomeMy WebLinkAbout#3056- Deed; CONSENT TO ANNEXATION Consent to Annexation for Sewer and Water3 6
March 0, 2006
Consent to Annexation
LOT N0.314,5, Outlot A,
SUB: Homestead Farms Major
Green Label Development/David Weiss
828 East Jefferson
Description:
Consent to Annexation for Sewer and Water
1316 COUNTY-CITr BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CI`rY of SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
April 11, 2006
Mr. David Weiss
Green Label Development, LLC
828 East Jefferson Boulevard
South Bend, Indiana 46617
PHONE 5741235-9251
FAx 574/235-9171
TDD 574/ 235-5567
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE — SEWER AND WATER
Dear Mr. Weiss:
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on March 20, 2006. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Enclosure
Sincerely,
g
el/a I Jacob, C1` k
GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS
PRESIDENT MEMBER MEMBER
P G 1 IDQj4E;
RECORDED AS PRESENTED ON
03/20/2006 02:31:34PM
TERRT J. RETNLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $11.00
` PAGES: 2
]-Hol=Recorded =BoardlicWorks
C SENT 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:
LEGAL DESCRIPTION:
A part of the East Half of the Southeast Quarter of Section 17, Township 38 North, Range 2 East, German Township, St. Joseph
County, Indiana, being more particularly described as follows:
Lots 3, 4, and 5, and Outlot A in the Homestead Farms Major Subdivision as recorded under Instrument Number 0326449 in the
Office of the Recorder of said County. To be developed as Willowgate Trails Subdivision.
Subject to any easement, covenants, restriction, and right of ways of record.
0,r2Q,n L.,6e a lapin e,nf t-k
David H. Weiss, Partner SEWER AND WATER
828 East Jefferson Blvd
South Bend, IN 46617 Mailing Address: Same
David 1-I. Weiss- Partner- owner of the Real F.slate_ (hereinafter "owner") fnr themselves and (heir siirreccnrc ,n title accionc
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 Si. 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.
�2 beveu,r�e�tL LCC
David H. Weiss, Partner
STATE OF INDIANA
) SS:
COUNTY OF ST. JOSEPH
ecvprnF"
Before me, a Notary-Ppblic.iri'�qO for said County and State, personally appeared David H. Weiss, Partner, and he
acknowledged thr�>- tGtsfidrJ;o,f tfie rDregoing Consent to Annexation as his voluntary act and deed.
Witness my 11t rdart� 1+Ia41 5 1 this d3 r`z' Da of re6(�tea 2006
( ttl ]8T1+3tWd
1{�iiii�l ^�;;�? C,i
`1� '
�P)'P •; .r i�t CtBs,`l�^;,r'7I1AIi'05:Ii,�S�":j
A resident of St Jbseph;trn iiiy, Indiana. My Commission Expires:
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
F:\DATA\SUIARE\ENGINEER\WPDATA\CONSENTCOMB.wpd
APPROVED
Board of Public Works
Prescribed by the County Form 170
State Board of Accounts
(2005)
Declaratlon
This form Is to be signed by the prepa'rer 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'permlhed
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, that the foregoing declarations and true.
Signature 6f Declarant
Printed Name of Declarant