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Home My WebLink About#3177- Deed; CONSENT TO ANNEXATION-WATER AND SEWER North of Cleveland Road on Ironwood Road3V12006 7 Consent to Annexation - Water and Sewer 002-2016-0332 LOT NO. SUB: Clay United Methodist Church 52886 Ironwood Road Description: North of Cleveland Road on Ironwood Road (_ �VJ 11/13/2N6 02:00:51PM TRANSACTION # 95564 DOCUMENT # 064906E CONSENT TO ANNEX RECORDING FEE: $12.00 TOTAL: $12.00 ESCROW: $12.00 THANK YOU Hold Recorded copy for: Board of F TERRI J. RETHLAKE ST. JOSEPH COUNTY CO RECORDER (574) 235-9525 In consideration for permission to i order to provide sanitary sewer anu .. Estate"), situated in St. Joseph County, Indiana: Key 4002-7016-0332, North of Cleveland Road on Ironwood Road — 52886 Ironwood Road Herb Buwalda, Jr. Senior Pastor Clay United Methodist Church 52866 Ironwood Road South Bend, IN 46637 RECORDED AS PRESENTED ON 11/13/2006 02:00:52PH TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $12.00 PAGES: I ;EMONSTRATE r FEES of the city of South Bend, Indiana, in (hereinafter referred to as the "Real WATER AND SEWER Mailing Address: 17646 Cleveland Road South Bend, IN 46637 Herb Buwalda, Jr., Senior Pastor, Clay United Methodist Church, 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 antee, vendee, or contract purchaser and their successors in title. APPROVED Board of Public Works Herb Buwalda, Jr., Senior Pastor Clay United Methodist Church STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Herb Buwalda, Jr., Senior Pastor, Clay United Methodist Church, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notarial Seal this, Day of i7%42006. G. ritten Signature) e Printed - ^ L A resident of �i . v Z)W,40 . My Commission Expires: 1•c r r I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number u: this document unless required by law: Y 2 (z..�t..L' - T��r P e� L . �o � (-e This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:1DATALSI-[ARGIENGINEER\W1'DATAICONS[ NTCOM.wpd IDE�4'3ID cm. 1=, RECORDED AS PRESENTED ON 11/13/2006 02:00:52PH TERRI J. RETELAKE ST. JOSEPH COUNTY RECORDER REC FEE: $12.00 PAGES: 1 CHoldecorded 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 #002-2016-0332, North of Cleveland Road on Ironwood Road — 52886 Ironwood Road Herb Buwalda, Jr. Senior Pastor Clay United Methodist Church 52866 Ironwood Road South Bend, IN 46637 WATER AND SEWER Mailing Address: 17646 Cleveland Road South Bend, IN 46637 Herb Buwalda, Jr., Senior Pastor, Clay United Methodist Church, 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 antee, vendee, or contract purchaser and their successors in title. APPROVED / Board of Public Works Herb Buwalda, Jr., Senior Pastor Clay United Methodist Church STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) ~ nFI1� l 1 4, 10 ,rnI,siFI Before me, a Notary Public in and for said County and State, personally appeared Herb Buwalda, Jr., Senior Pastor, Clay United Methodist Church, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notarial Seal this ,` Day of ni 2006. F e�A'9� ritCen Signature) Printed) A resident of S ,%0 My Commission Expires: �rL rgeo6o, �Pf' �� i affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document unless required by law: This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 1-:\DATA\S14ARE\ENG1 NEER\WPDATA\CONSL'NTCOM.wpd 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MkYOR_ BOARD OF PUBLIC WORKS November 29, 2006 Mr. Herb Buwalda, Jr. Senior Pastor Clay United Methodist Church c/o 17646 CIeveland Road South Bend, Indiana 46637 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Key #002-2016-0332 North of Cleveland Road on Ironwood Road 52886 Ironwood Road Dear Mr. Buwalda: PHONE 574/ 235-9251 FAx 574/ 235-9171 TDD 574/ 235-5567 SEWER AND WATER The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on November 13, 2006. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure GARYA. GILOT, P.E. PRESIDENT Sincerely, Linda M. Martin, Clerk CARL P. LIT-rRELL, P.E. MEMBER Annted A resident of DONALD E. INKS MEMBER A Vim, J�;•u My Commission Expires: e2az; ai42e ��'•,; •..�y.�;'�i z,. I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document unless required by la - / This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.