HomeMy WebLinkAbout#3209- Deed; CONSENT TO ANNEXATION-WATER Jewelwood Addition, Keifer's Replat-South Side of Opal Street, West of Ruby Street32 9
511 12007
Consent to Annexation - Water
001-1079-2638
i LOT NO.26A
SUB:
David L. Kahlinorgan and Carol Prosser
i
i
i Description:
Jewelwood Addition, Keifer's Rep
lat-South Side of Opal Street,
West of Ruby Street
1316 COUNTY -CITY BUILDING
227 W. JEFFEMON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LuECKE, MAYOR
HOARD OF PUBLIC WORKS
June 14, 2007
Mr. David L. Kahlmorgan and Ms. Carol Prosser
20350 Opal Street
South Bend, Indiana 46614
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 5741235-5567
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE — WATER ONLY
Jewelwood Addition, Keifer's Replat — South side of Opal Street, West of Ruby Street
Key 4001-1079-2638 Lot 26A
Dear Mr. Kahlmorgan and Ms. Prossser:
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on May 15, 2007. 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. GILOT, P.E. CARL P. LITTRFLL, P.E. DONALD E. INKS
PRESIDENT MEMBER MEMBER
071 e6a9
RECORDED AS PRESENTED ON
05/15/2007 09:24:16AM
TERRI J. RETHLAKE
ST. JOSEPH COUNTY
RECORDER
REC FEE: $12. 00
PAGES: 1
Hold Recorded 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 4001-I079-2638 Lot 26A, Jewelwood
Addition, Keifer's Replat- South side
of Opal Street, West of Ruby Street
David L. Kahlmorgan and Carol Prosser
20350 Opal Street
South Bend, IN 46614
WATER ONLY
Mailing Address: Same
David L. Kahlmorgan and Carol Prosser, 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.
David L. Kahlmor an APPROVED
g Carol Prosser Board of
STATE OF INDIANA
COUNTY OF ST. JOSEPH SS:
Before me, a Notary Public in and for said County and State, personally appeared David L. iamtor
and they acknowledged the execution of the foregoing Consent to Annexation as t ier volu
WITNESS my hand and Notarial Seal this Day of 2007.
I�
I affinil under the penalties for perjury, that I have taken
(Printed)
reasonable care to redact each Social Security number
this doc neat, unless required by law (name)
t '
MY Co .
"ior
This instm el, pared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend Indiana
46601.
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