HomeMy WebLinkAbout#3183- Deed; CONSENT TO ANNEX - WATER ONLY Southeast Corner of State Road 23 and 27th Street303
12/12/2006
Consent to Annex - Water Only
002-2118-5791
LOT NO.
SUB:
Larry E. Fishburn & Carol J. Fishburn
Description:
Southeast Corner of State Road 23 and 27th Street
1316 COUNTY -CITY BUILDING
227 W JEFFERSON BOULEVARD
SOUTH BEND, 1NDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECn, MAYOR
BOARD OF PUBLIC WORKS
January 5, 2007
Mr. Larry E. Fishburn and Ms. Carol J. Fishburn
17740 State Road 23
South Bend, Indiana 46635
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE
Southeast Corner of State Road 23 and 27`h Street
Key No. 002-2118-5791
WATER ONLY
Dear Mr. Larry Fishburn and Ms. Carol Fishburn:
PHONE 574/ 235-9251
FAx 5741235-9171
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 December 12, 2006. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-9251.
Enclosure
Sincerely,
Linda M. Martin, Clerk
GARYA. G1LOT, P.G. CARS, P. L.ITTRELI P.r. DONAI-D E. INKS
PRFSIDEN"C MFI-IBE•R M&I IBER
Q,E,5316�a
RECORDED AS PRESENTED ON
12/12/2006 01:33:43PM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
ClHioldRecorded copy for: Board of Public Wor s
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
REC FEE: $12.00
PAGES: 1
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: APPROVED
Board of Public Works
Key # 02-2118-5791 --Southeast Corner of State Road 23 0 i' 1 I ATER ONLY
and 27th Street. /,-[►
Larry E. Fishburn, and Carol J. Fishburn
17740 State Road 23 e
South Bend, IN 46635
Larry E. Fishburn, and Carol J. Fishburn, 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
demonstrate 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
of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend
t,a permanent right, at the Gity'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 nun 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
hetiveen the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such
rare differential, wwcl: rates are set forth in tiie 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.
ZAP
V Carol J. Fishburn
Larry � �ishburn
I affirm, under the penalties for perjury, that I have taken
responsible care to redact each Social Security number in
this do ment unles quired bylaw:
STATE OF INDIANA ) � �
} SS:
C;(�[JNTY OF ST. JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Lake George W. Becker and Norma L. Becker
and they acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act
and deed.
WITNESS my hand and Notarial Seal this a Day of bOkW 2006
(�ritte S
9 :; �;�,o-: S�ii •aG
(Printed
A resident o St. Joseph County, Indiana. i',; 1> a;':• `'�, 5,1;.�
.kfy Commission Expires:
A.
;s instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Beid;"Indiana 46601.
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