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Home My WebLink About#3207- Deed; CONSENT TO ANNEXATION-SEWER South West corner of Whitesell Drive and US 20 or Lincolnway West1 5/ I2007 Consent to Annexation - Sewer 021-1073-2318 021-1073-2367 i 021-1073-2370 LOT NO. 1 183 to 1185, 1410 to 1415, 1416 to 1420 SUB: Chain of Lakes Edward V. and Susan M. Goerke Description: South West corner of Whiteseli Drive and US 20 or Lincolnway West 1316 COUNTY -CITY BUILDING 227 W. JUMMON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR. BOARD OF PUBLIC WORKS June 14, 2007 Mr. Edward V. and Susan M. Goerke 53771 Wlutesell Drive South Bend, Indiana 46628 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — SEWER Chain of Lakes Subdivision South West corner of Wlutesell Drive and US 20 or Lincoln Way West Key 4's 021-1073-2318, 021-1073-2367 and 021-1073-2370, Lots 1183 to 1185, 1410 to 1415, and 1416 to 1420 Dear Mr. Goerke and Mrs. Goerke: The Board of Public Works re -recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on May 10, 2007. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure Sincerely, 1 Linda M. Martin, Clerk GARYA. GILOT, P.E. CARL P. UTTR$LL, P.E. DONALD E. INKS PRESIDENT MEMBER ]MEMBER I n(ja", J Hold Recorded copy for: Board of Public Works RECORDED AS PRESENTED ON 05/10/2007 02:07:59PM TERRI J. ST. JOSEPHETBLAKE COUNTY RECORDER REC FEE: S13-00 PAGES: 1 CONSENTTOACKNOWLEDGMENT OF CWAIVER OITYIGHT TO COMP COMPACT FEES 3RDED AS PRESENTED ON 4<2�4/2007 08:12532AM TERRI_v RE LAKE ST. JOSE COUNTY R E C F E: $12� PAG 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: Gffi¢rji of L,Q1✓1r5 -5,08 Key#021-1073-2318, 021-1073-2367and 021- I073-2370, Lots 1183 to 1185, Lots 1410 to 1415 and Lots 1416 to 1420. South West corner of Whitesell Drive and US 20 or Lincoln Way West SEWER ONLY Mailing Address: Same einafter "Owner"), for themselves and their successors in title, release any and all right which they may now or hereafter have )ending or future annexation of the Real Estate by the City of ow Owner to tap into the municipal utilities (sewer and/or ccessors and assigns, agrees and stipulates irrevocably to vest � to annex the Real Estate at any future time by duly authorized of conveyance made by Owner, their successors or assigns h provisions shall run with the land. Municipal Code, Owner further acknowledges and accepts the Bend which for one municipal utility (water or sewer) is to "Total City/Town Rate" and for both municipal utilities 7orth in the St. Joseph County Auditor's annually published successor, grantee, vendee or contract purchaser is subject all constitute an acceptance of the foregoing provisions by J�. , 07 x �4�3 111��I"`"' ECORDED AS PRESENTED ON RECORDED AS PRESENTED ON 0 24�2007 08: e:31AM 05/ 10/2007 02:07 :59PM TERRI RE LAKE TERRI J. RETHLAKE ST• JOSE COUNTY ST. JOSEPH COUNTY REGO E RECORDER REC: F E: R G . S12. 0 REC FEE: $13.00 1 PAGES: I Hold Recorded copy for: Board of Public Works CONSENTAND ACKNOWLEDGMENT OF OF TYCOM ACT FEES GHT TO REMONSTRATE 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: Gf1fi 11J 4F 0 13 K,cy #021-1073 2318, 021-1073-2367 and 021-1073-2370, Lots 1 183 to 1185, lots 1410 to 1415 and Lots 1416 to 1420. South West corner of Whitesell Drive and US 20 or Lincoln Way West Edward V. and Susan M. Goerke 53771 Whitesell Drive South Bend, IN 46628 1 Edward V. and Susan M assigns, and personal reps to remonstrate against South Bend. In further consideration �, Y /�, i C water) of the City of Sou ( CC/'`''" l� J? in the City of South Ben( ordinance. Owner further agrees t shall contain the waiver Pursuant to Chapter 17 Owner's obligation to p; 30% of the difference bi (water and sewer) is 504 "Notice of St. Joseph C( The delivery of any in f ft'- forme of thie fin[', SEWER ONLY Mailing Address: Same iselves and their successors in title, iich they may now or hereafter have m of the Real Estate by the City of iunicipal utilities (sewer and/or ;s and stipulates irrevocably to vest at any future time by duly authorized )wner, their successors or assigns :h the land. further acknowledges and accepts the ,nicipal utility (water or sewer) is and for both municipal utilities )unty Auditor's annually published idee or contract purchaser is subject race of the foregoing provisions by QD7 1 8iD7Z-3 RECORDED AS PRESENTED ON 05/10/2007 02:07:59PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $13.00 PAGES: 1 Hold Recorded copy for: Board of Public Works ORDER AS PRESENTED ON /2007 0$X32AM TERRI^- RE LAKE 5T. JOSE COUNTY REC F E: 512� PAG 1 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: Giljy id OF L AZ# c-5 0 f 3 Key #02I-I073-23I8, 02I-I073-2367 and 021-I073-2370, Lots 1183 to 1185, Lots 1410 to 1415 and Lots 1416 to 1420. South West corner of Whitesell Drive and US 20 or Lincoln Way West Edward V. and Susan M. Goerke 53771 Whitesell Drive South Bend, IN 46628 SEWER ONLY Mailing Address: Same Edward V. and Susan M. Goerke, 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 pubiished "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 *t,o f-- ..rthie finenment and the accentance of such instrument shall constitute an acceptance of the foregoing provisions by �Lo Hold Recorded copy for: Board of Public Works CD 7 1 84Z173 RECORDED AS PRESENTED ON 05/10/2007 02:07:59PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $13.00 PAGES: 1 217 1 �.cf , :ORUEU AS PRESENTED] ON 0 24/2007 08X32AM SERRIOR�AKE �T JOSE REG'0Lj rnrHTY REt � Sim PAG :1 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: -499ijJ OF LAzes 5o B ,Key //021-1073-2318, 021-1073-2367 and 021-1073-2370, Lots 1183 to 1185 Lots 1410 to 1415 and Lots 1416 to 1420. South West corner of Whitesell Drive and US 20 or Lincoln Way West Edward V. and Susan M. Goerke 53771 Whitesell Drive South Bend, IN 46628 SEWER ONLY Mailing Address: Same Edward V. and Susan M. Goerke, 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 watr or seweris 30 /o of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both (muni c pal t 1 ties (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 shal l constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. r Edward V. Goerke ]L, Susan M. Goerke Board of Public Works STATE OF INDIANA ) 7 SS: (hi , U�. COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Edward acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act and deed. -they WITNESS my hand and Notarial Seal this h / C,5�' � Day of v!�C 2007. n (Written Signat re) I affirm under the penalties for perjury, ak reasonable care to redact each Social Security numbere rtnte Pin thedocument, unless required by law (name) A resident oh11 iF,e! L• (tir (� � My Commission Expires: �► .•'�', This instrument was re red by Aladean QeRose, Assistant City Attorney, 1400 County -City Building, So 46601. h' ty g, South Bend, Indiana P.: DATAISHAREIENGINEERIWPDATAICONSENTCOM.wpd OFFICE OF THE ST. JOSEPH COUNTY RECORDER COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 PHONE(574) 235-9525 FAX (574) 235-5170 County Recorder (\ �r NOTICE OF RETURNED INSTRUMENT DATE DOCUMENT �olUy The enclosed instrument is being returned for one of the reasons indicated below. If applicable, please make the required corrections, then return it to us for recording . Or if instrument has been recorded for re-recording (along with a check for $ plus $2.00 for each additional page if applicable. Described property not located in St. Joseph County Name of individual preparing instrument is not stated Legal description is missing, incorrect or incomplete', Instrument has not been notarized or notary information incomplete Referenced original document number is incorrect or missing Instrument has been recorded. However, it has not been ... Released . Assigned Other No Document Date Document is not totally legible IC 36-2-11-16 Documents are non -conforming. Additional non -conforming fee needed Affirmation statement and/or name not stated Reason All document recording requirements are prescribed by Indiana law and can be found at our web site www.stjosepheountyindiana.conVSJCRecorder. Please contact our office if you have any questions concerning this notification. " P to A resident of / My Commission Expires:il-UL This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. 1-: DATA1SI-IARETNGINPERI WPDATAICONS ENTCOM. wpd 1316 COUNTY-CiTY BUILDING 227 W jEFFERSoN,BDULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECI E, MAYOR BOARD OF PUBLIC WORKS April 24, 2007 Mr. & Mrs. Edward Goerke 53771 Whitesell Drive South Bend, Indiana 46625 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — SEWER Lots 1410 to 1415 and Lots 1416 to 1420. Southwest Corner Of Wlutesell Drive and US 20 or Lincoln Way West Dear Mr. & Mrs. Goerke: PHONE 574/ 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 April 24, 2007. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure GARYA. GILOT, P.F. PRESIDENT 11� � ��" P me l A resident of My Commission Expires: Sincerely, Linda M. Martin, Clerk CARL P. UTTRELL, P.E. MEMBER DONALD E. INKS MEMBER ljtd- L-1 V J Hold Recorded copy for: Board of Public Works RECORDED AS PRESENTED ON 04 / 24 / 2007 08 : ,36 : O2A M TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $12.00 PAGES: 1 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 11021-1073-2318. 021-1073 -2367 and ozi-1073-2370, Lots 1183 to 1185, Lots 1410 to 1415 and Lots 1416 to 1420. South West corner of Whitesell Drive and US 20 or Lincoln Way West Edward V. and Susan M. Goerke 53771 Whitesell Drive South Bend, IN 46628 SEWER ONLY Mailing Address: Same Edward V. and Susan M. Goerke, 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 grantee, vendee, or contract purchaser and their successors in title. I Edward V. Goerke i i Susan M. Goerke Board of Public Works STATE OF INDIANA ) ( °? 2 3 2 7 SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Edwarad-they WITNESS acknowledged the execution of the foregoing hConsent to Annexation as thier voluQntary act and deed. WITNESS my hand and Notarial Seal this / (.' Day of yet 2007. I^, (Written Signat e) i l n. E Il e—)/_ q i r i�� A11resident of My Commission Expires: iS This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:OATAtSfMREIENGINE ERIWPDATAICONSENTCOM. wpd