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Home My WebLink About#3189- Deed; CONSENT TO ANNEXATION-WATER AND SEWER A Part of the Southeast Quarter of Section 23, and Part of the Northeast Quarter of Section 26, Township 38 North, Range 1 East, Warran Township31 9 1/4 007 Consent to Annexation - Water and Sewer LOT NO. SUB: Augustine Lakes Nature's Gate 11, LLC/Miller, Dennis 54340 29th Street Description: A Part of the Southeast Quarter of Section 23, and Part of the Northeast Quarter of Section 26, Township 38 North, Rance 1 East, Warran Township 1316 COUNTY -CITY BUILDING 227 W. ]EFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS February 23, 2007 Mr. Dennis Miller Natures Gate II, LLC 54340 29"' Street South Bend, Indiana 46635 PHONE 5741235-9251 RA,,( 5741235-9171 TDD 5741235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — SEWER AND WATER Augustine Lakes Subdivision 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 January 4, 2007. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Sincerely, V � / Linda M. Martin, Clerk Enclosure -7 �D %Z) �5 7 1 RECORDED AS PRESENTED ON 01/04/2007 12:39:36PN RRI J. RETHLAKE ST. OSEPH COUNTY I affirm, under the penalties for perjury, that I have taken ORDER responsible care to redact each Social Security number in FEE : $12. 00 this current ucless require by law, Recorded copy for. Board of Public S : 1 �J 1 'z` V- `�tP C,.+h �a nr�IS CONSENT XATION, WAIVER OF RIGI-IT TO REM6NSTRATr- AND ACKNOWLEDGEMENT OF CITY COMPACT FEES In consideration for permission to tap into the municipal utility system (water and/or server) of the city of south Bend, Indiana, in order to pprovide sanitary sewer and/or water service: to the following described property, (hereinafter referred to as the "Real Eslate'"), situated in St. Joseph Cottnly, Indiana: Legal Description: A part of the Southeast Quarter of Section 23, and part of the Northeast Quarter of Section 26, Township 38 North, Range 1 East, Warren Township. St. Joseph County, Indiana and being more particularly described as follows: Conuriencing at the Northeast corner of the Northeast Quarter of said Section 26; thence South 00018'31" East along the East line of said Northeast Quarter, a distance of 1319.63 feet; thence North 89111'22" West, a distance of 1313.64 feet; thence North 00°21'52" West, a distance of 1319,84 feet to a point on the North line of the Northeast Quarter of said Section 26; thence North 89"08' 16" West along said North line, a distance of 198.04 feet; thence North 00'16' 19" West, a distance of 742.65 feet; thence South 89'08' 16" East, a distance of 198.04 feet; thence North 00116' 18" West, a distance of 1897.32 feet to a point on the North line of the Southeast Quarter of said Section 23-. thence South 89°19'48" East along the said North line, a distance of 1323.00 feet to the Northeast corner of the Southeast Quarter said Section 23; thence South 00°05'43" East along the East line of said Southeast Quarter, a distance of 1688.91 feet to the point of beginning. Subject to the legal rights of a public highway. Said parcel to be developed as Augustine Lakes Subdivision. Nature's Gate 11. LLC Derumis D. Miller, Member 54340 20' Street South Bend, IN 46635 SEWER AND WATT R Mailing Address: Same Nature's Gate E. LLC, Dennis D. Miller, Member, 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 instrumnents 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 nmmnticipal utility (water or sewer) is 30% of the difference between the obligation Comity Rate" of taxes and the "Total Cttyrlbwtt 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 iftisions by said grantee, vendee, or contract purchaser an teir successors in tit ( Board of Public Wa Nature's Gate 11. LLC Dennis D. Miller, Member STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH } Belbre me, a Notary Public in and for said County and State, personally appeared Nature's Gate 11, LLC, Dennis D. Miller, Member and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notorial Seal this /1 TW Da of EC' E.i/3F 1e (Written Signature) (Printed) A resident of St. Joseph County, Indiana. My Commission Expires: Z4761ao,�r Tilts instnument was prepared h), Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.