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HomeMy WebLinkAbout#3215- Deed; CONSENT TO ANNEXATION-SEWER AND WATER NE Corner of SR 933 and DardenRoad (Walgreen Drugs)3?�15 6/11/2007 Consent to Annexation - Sewer and Water 002-1113-5702 LOT NO. i SUB: Keultjes Darden Road Minor Roseland Green, LLC Thomas Murray, Member Description: N/E Corner of SR 933 and DardenRoad (Walgreen Drugs) i I 7a 2 1 1316 COUNTY -CITY BUILDING 227 W. JFFFERsoN BouLEvARD SOUTH -BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS August 17, 2007 Roseland Green, LLC Thomas Murray, Member 2640 Golden Gate Parkway Naples, Florida 34105 PHONF574/235-925I FAx 574/235-9I71 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — Sewer and Water Key Number: 002-1113-5702 Location: - Lot 1, Keultjes Darden Road Minor Subdivision - N/E Corner of SR 933 and Darden Road (Walgreen Drugs) Dear Gentlemen: 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, Linda M. Martin, Clerk GARYA. GILOT, P.E. PRESIDENT CARL P. LITTRELL, P.E. MEMBER DONALD E. INKS MEMBER RECORDED AS PRESENTED ON 06/11/2007 02:46:53PVI TERRI J. RETIILAI<E 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 to t .p into the municipat utility systezn (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 #002-1113-5702 — Lot 1, Keultjes Darden Road Minor Subdivision —N/E comer of SR 933 and Darden Road (Walgreen Drugs). Roseland Green, LLC Thomas Murray, Member 2640 Golden Gate Parkway Naples, Florida 34105 WATER AND SEWER Mailing Address: Same Roseland Green, LLC, Thomas Murray, 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 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, ven4contrhaser and their successors in title. APPROVED Board (A Public Works Roseland Green, Thomas Murray, Member �rijy 1 I �Oa7 STATE OF FLORIDA SS: ` COUNTY OF COLLIER ) Before me, a Notary Public in and for said County and State, personally appeared Roseland Green, LLC, Thomas Murray, Member, and he acknowledged the execution of the foregoing Consent to Annexation as hi voluntary act and deed. WITNESS my hand -an Notarial Seal this `.Z ��`Fr, Day of �)) Ld 2007. (Written Signature) Printed} A resident of CO I r DLt—�L otwY ^o,! N'otsry Public State of Florida Patrirrt Leeper My Commission Expires: 3,7 d D i o My Commission DIM04583 Exp;res 05/0812009 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 p:1DATA\SI-1ARE\ENGIN}~ER\ WPDATA\CONSENTCOM.wpd