HomeMy WebLinkAbout#3171- Deed; CONSENT TO ANNEXATION - WATER West side of Ironwood Road, South of Douglas Road3 71
8/ 14/2006
Consent to Annexation - Water
002-1022-049605
j LOT NO. I
SUB: Mahoney's 2nd Minor
j BBM,LLC
Description:
West side of Ironwood Road, South of Douglas Road
A.
1316 COUNTY-CIrY BUILDING
227 W.IEFFERsoN, BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
September 8, 2006
Mr. Daniel A. Bei7y, Member
BBM, LLC
54101 North Ironwood Road
South Bend, Indiana 46637
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE — WATER
West side of Ironwood Road, South of Douglas Road
Key 4002-1022-049605, Lot 1 Mahoney's 2"d Minor
Dear Mr. Berry:
PHONE 5741 235-9251
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 August 14, 2006. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Enclosure
Sincerely,
aalb, q&dr9k'-6
GARYA. GILOT, P.E
PRESIDENT
CARL P. LITTRELL, P.E.
MEMBER
DONALD E. INKS
MEMBER
IDEE,34c38QJ
RECORDED AS PRESENTED ON
08/14/2006 02:56:07PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $12.00
PAGES: 1
Hold Recorded copy f(:B:oard of Public Wor s
CO 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 #002-1022-049605, Lot 1 Mahoney's 2"4
Minor — West side of Ironwood Road,
South of Douglas Road.
BBM, LLC
Daniel A. Berry, Member
54101 N Ironwood Road
South Bend, IN 46637
WATER ONLY
Mailing Address:
229 Red Coach Drive, Suite 103
Mishawaka, IN 46545
BBM, LLC, Daniel A. Berry, Member, 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 grant9q, vendee, or Cy*act purchaser and their successors in title.
BBM, LLC
Daniel A. Berry, ember I affirmJunder the penalties for perjury, that I have taken
reasonable care to redact each Social Security number
in this document, unless required by law (name)
STATE OF INDIANA )
}SS: Jinnr (c�� f -t
COUNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared BBM, LLC, Daniel A. Berry, Member, and he
acknowledged the execution of the foregoing Consent to Annexation as h of tary act and deed.
WITNESS my hand and Notarial Seaythi Day of �/ 2006.
My Commission Expires:
APPROVED
Board of Public Works
•L.
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana
46601.
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