HomeMy WebLinkAbout#3085- Deed; CONSENT TO ANNEXATION Lot West of Lily Road on South Side of Darden Road305
4/ 11 /2006
Consent to Annexation -Sewer
02-1100-4947
LOT NO.
SUB:
Butler, Joseh & Jennifer
19580 Darden Road
Description:
Lot West of Lily Road on South Side of Darden Road
36 V-
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN I. LUECKE, MAYOR
BOARD OF PUBLIC .WORKS
May 11, 2006
Mr. and Mrs. Joseph Butler
19580 Darden Road
South Bend, Indiana 46637
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE — SEWER
Lot West of Lily Road on South Side of Darden Road
Key402-1100-4947
Dear Mr. & Mrs. Butler:
PHONE 5741235-9251
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 April 11, 2006. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Sincerely,
Ang ela K. Jacob Clerk
Enclosure
DONALD E. INKS
y _ :a , Il Sigrlattirel
-3a95—
12)E1 1 334�___
RECORDED AS PRESENTED ON
04/11/2006 10:54:48AM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $11.00
PAGES: 1
aid Recorded copy for: Board of Public Wor13"I
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGEMENT Or• CITY COMPACT FEES
rn 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:
l,DT 3Q, �0A 0V-i •f}-cI&: +T5
Key #02-1100-4947 West of Lily Road on
South side of Darden Road
Joseph D. and Jennifer A. Butler
19580 Darden Road
South Bend, IN 46637
SEWER ONLY
Mailing Address: Same
Joseph D. and Jennifer A. Butler, 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 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.
de. —,,0-
�b/eph D. Butler
STATE OF INDIANA )
) SS:
COUNTY OF ST. JOSEPH )
APPROVED
oar o Public Works
`nifer A. utler
Before me, a Notary Public in and for said County and State, personally appeared Joseph D. and Jennifer A. Butler, and he acknowledged the
execution of the foregoing Consent to Annexation as his voluntary act and deed.
WITNESS my hand and Notarial Seal this 0 Day of �� 2004
Signature
,` f ¢r 'Joseph County, Indiana.
W,L��f COMMISSION EXPIRES
:r,` OCTOBER IS, 2011
My Commission'E�ieai'i "
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
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