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Home My WebLink About#3089- Deed; CONSENT TO ANNEXATION -SEWER Lot 25 Darden Woods Addition - East Side of Jackie Lane, North of Darden Road3 I Consent to Annexation - Sewer 1 002-1147-6696 LOT NO. 25 SUB: Darden Woods Subdivision Manka, Glenn & Tina 52640 Jackie Lane Description: Lot 25 Darden Woods Addition - East Side of Jackie Lane, North of Darden Road 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, 1NDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS May 31, 2006 Mr. & Mrs. Glenn Manka 52640 Jackie Lane South Bend, Indiana 46637 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — SEWER Lot 25 Darden Woods Addition — East Side of Jackie Lane Just North of Darden Road Key No. 002-1147-6696 Dear Mr. & Mrs. Manka: PHONE 5741235-9251 FAx 5741235-9171 TDD 5741235-5567 The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on May 9, 2006. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure _nfft h J . (Printed) A resident of ((� My Commission Expires: Q �.1�".d-1 •!. ,�i?'�'.&Y'C�i':, e�sg,,i�� i'"ctr:C�' 0 ', J.�,4 Sincerely, CtZeaft Jacob, Jerk 1LCrnv•+ _ 96azdd of Public Works . o MAY FZO �� This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:1DA,rA1SHAREIENGIN ELR1WPDATA1CONSENTCOM.wpd r 13(ZIG� RECORDED AS PRESENTED ON 05/09/2006 10:27:26AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $11.00 PAGES: 1 Oold 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 #002-1147-6696 - Lot 25 Darden Woods Addition - East side of Jackie Lane, just North of Darden Road. Glenn E. and Tina M. Manka 52640 Jackie Lane South Bend, IN 46637 SEWER ONLY Mailing Address: Same Glenn E. and Tina M. Manka, 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. Glenn E. Manka STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEP14 ) Tina M. Manka Before me, a Notary Public in and for said County and State, personally appeared Glenn E. and Tina M. Manka, and they acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act and deed. WITNESS my hand and Notarial Seal this. ��C' Day or 2006. 1 -too (Written fuu �Gs r1rc i 1 �� _' ' Printed) A resident of (� My Commission Expires: to - l_12 -,_9 11)lA3 A 4 w4; r rrf :. J*yste. f!1-1 C,,� "y APPROVED, 960dd of Public Works h- � � I This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. I",:IDATAISI-IAREIENGINEERIW PDATAICONSEN'1'CONi.wpd Q1Es 1 8(Z)02 RECORDED AS PRESENTED ON 05/09/2006 10:27:26AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: 511.00 ---------� - PAGES: 1 l d 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 8002-1147-6696 — Lot 25 Darden Woods Addition — East side of Jackie Lane, just North of Darden Road. SEWER ONLY Mailing Address: Same Glenn E. and Tina M. Manka 52640 Jackie Lane South Bend, IN 46637 Glenn E. and Tina M. Manka, 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. 11 Glenn E. Manka STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Tina M. Manka Before me, a Notary Public in and for said County and State, personally appeared Glenn E. and Tina M. Manka, and they acknowledged the execution of the foregoing Consent to Annexation as thiqier voluntary act and deed. WITNESS my hand and Notarial Seal this )rid Day of 6 I �_ 2006. (Written u KllC I n { G) Printed) A resident of My Commission Expires: i0 — 1__'2 -� df 9 - J. 4�41%1'£a7TCM, P4450 y' fir%` fily �w^."rl:: i:'v`tii� P.x;:IrrWa lY7- 1 Lry :2 ei APPROVED Board of Public Works This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\SI-IAR E\ENGI N EEIt\ W PDA'I'A\CONS EN'I'COM.wpd