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Home My WebLink About#3111- Deed; CONSENT TO ANNEXATION - SEWER AND WATER Lots 321, 322, 323, 324 in the recorded plat of Town of Maple Lane, Clay Township being recorded in Plat Book 11, Page 36/27/2006 Consent to Annexation - Sewer and Water LOT NO. 321, 322, 323, 324 SUB: Town of Maple Lane Miller Builders/Denny Miller 54340 29th Street Description: Lots 321, 322, 323, 324 in the recorded plat of Town of Maple the Lane, Clay Township being recorded in Plat Book 11, Page office of the Recorder o Lots 322, Joseph County, 42 Indiana. Excepting therefrom a p 1316 COUNTY -CITY BUILDING 227 W. JUFFMON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUEGKE, MAYOR BOARD OF PUBLIC WORKS July 19, 2006 Mr. Denny Miller Miller Builders 54340 29`h Street South Bend, Indiana 46635 PHONF,574/235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — SEWER AND WATER Lots 321, 322, 323, and 324 in the Recorded PIat of Town of Maple Lane, Clay Township Dear Mr. Miller: The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on June 27, 2006. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure Sincerely, aggela I,�) iacob, �C(l e r GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER 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 July 19, 2006 Mr. Denny Miller Miller Builders 54340 29h Street South Bend, Indiana 46635 PHONE 574/ 235-9251 FAX 5741235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — SEWER AND WATER Lots 321, 322, 323, and 324 in the Recorded Plat of Town of Maple Lane, Clay Township Dear Mr. Miller: The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on June 27, 2006. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure Sincerely, JV';acob, Cler- GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER MEMBER RECORDED AS PRESENTED ON 06/27/2006 02:09:27PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $11.00 PAGES: 1 .f Hold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT Oh CITY COMPACT FEES In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city or 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 parcel of land in the West ] lairof the Southwest Quarter of Section 32, Township 38, Range 3 East, St. Joseph County, Indiana which is described as: Lots 321, 322, 323 and 324 in the recorded plat of Town of Maple Lane, Clay Township being recorded in Plat Book 11, Page 3 in the Office of the Recorder of St Joseph County, Indiana. Excepting therefrom a part of Lots 322, 323 and 324 and being described as follows: Beginning at the Northeast corner of said Lot 322; thence South 0 degrees, 34 minutes, 48 seconds East, 1 1.16 feet along the East I ine of said Lot 322; thence South 55 degrees 50 minutes, 12 seconds West, 190.18 feet; thence South 27 degrees 02 minutes, 52 seconds West, 19.68 feet to the West line of said Lot 324; thence North 0 deg brees 43 minutes 37 seconds West, 22.50 feet along said West line to the Northwest corner of said Lot beginning. thence North 55 degrees 50 minutes 12 seconds East, 201.20 feet along the Northwestern line of said Lots 324, 323 and 322 to the point of beginning. Miller Builders. Denny D Miller, President 54340 29'' Street South Bend, IN 46635 SEWER AND WATER Mailing Address: Same Miller Builders, Denny l . Miller, President, 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 [lend, 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 orconveyanec made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. Pursuan to ter icle Section to the Citty o South Bend which For one municipal uttlil South Bend Municipal oCode, Owner further acknowledges Otvncr's obligation to pay a compact fee annually Rate" and for both municipal utilities (water ands ewer) is (water0 % of such rat rdifferential, hof the rich rates erence bare set forth etween the 'in the lS County County Auditor's hannualiy pub shed "Notice of St. Joseph County Certified Tax Rates," The delivery of any instrument of conveyance from the Owner to any successor, �rantce, vendee or contract purchaser is subject to the terms of this document and the acccplaa of such instrument shall constitut acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. n �Q_Dt APPROVED Miller Buildersartl."/G Denny Miller, President STATE OF INDIANA COUNTY OF ST. JOSEP}I SS: Board of Public Works Before me, a Notary Public in and for said County and State, personally appeared Miller Builders, Denny E. Miller, President, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. fitness my hand and axial Seal this Da of 2006 (Wri on Sign� are) Printed) A resident of St. Joseph County, Indiana, My Commission Expires: L CFI This instrument was prepared by Aladean DeRosc, Assistant City Attorney, 1400 County -City Building, South fBend, tlN 46601, P:IDATAISI-IAREIENGINEERIWPDATAICONSI NT FOR SUBS