HomeMy WebLinkAbout#3214- Deed; CONSENT TO ANNEXATION-WATER German Township Fire Station, West side of Portage Road Just North of Brick Road3/
GIl 112007
Consent to Annexation -Water
604-1008-014201
004-1008-014202
LOT NO.
SUB:
Gernian'Township
Irvin Spaszewski, Trustee
I
Description:
j German Township Fire Station, West side of Portage Road Just
I North of Brick Road
i
i
E
1316 CouNTY-CITY BUILDING
227 W. JEFFFRscN BOULLVAM
SOUTH BEND, INDIANA 46601-1330
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
August 17, 2007
Irvin Spaszewski, Trustee
German Township
51755 Portage Road
South Bend, IN 46628
PHONE 574! 235-9251
FAX 574/235-9171
TDD 5741235-5567
RE: CONSENT TO ANNEXATION AND
WAIVER OF RIGHT TO REMONSTRATE — Water Only
Key Number: 004-1008-014201 and 004-1008-014202
Location: Gelman Township Fire Station, West side of Portage Road Just North of Brick
Road
Dear Mr. Spaszewski:
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on June 11, 2007. A copy is enclosed for your records.
If you have any questions, please call me at (574) 235-9251.
Enclosure
Sincerely,
, ."__; t at✓"_7'YL
Linda M. Martin, Clerk
GARYA. GILOT, P.E. __ CAR_P LITiRIH.L._P.E.- - DONALD E. INKS
? ; T (printed)
0 L�°`''t7
My Commis '",isles:
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
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: Anthony P. Molnar
F:\DATA\SHARE-\ENGINEER\WPDATA\CONSENTCOM.wpd
I;ECORDED AS PRESENTED ON
06/11/2007 02:46:52PM
TERF�l J. RETI-II_F1I.E
ST. JOSEPH COUNTY
I;ECORDER
REC FEE: 512-00
PP0ES: 1
Hold Recorded copy for: Board of Public Works
CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
AND ACKNOWLEDGMENT OF CITY COMPACT PEES
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
1~state"), situated in St. Joseph County, Indiana:
Key ##004-1008-014201 and 004-1008-014202
German Township Fire Station, West side of
Portage Road just North of Brick Road.
Irvin Spaszewski, Trustee
German Township
51755 Portage Road
South Bend, In 46628
WATER ONLY
Mailing Address: Same
Irvin Spaszewski, Trustee, German Township, owners 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
Irvin Spaszewski, Trustee, �1 7f ]07
GermananTownship u„�Ii.y [il ---
STATE OF INDIANA )
SS:
COUNTY OF ST JOSEPH )
Before me, a Notary Public in and for said County and State, personally. appeared Irvin Spaszewski, Trustee, German Township,
and they acknowledged the execution of the foregoing Consent to Anne,
on as their voluntary act and deed.
WITNESSY
m han d Notarial Seal this /� Day of 2007.
Trinrrted //
PA. reside (,of t
My Commis
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
1 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: Anthony P. Molnar
F:\DATA\SHARE\CNG INEER\WPDATA\CONSENTCOM.wpd