The URL can be used to link to this page

Home My WebLink About#3217- Deed; CONSENT TO ANNEXATION-WATER Lot 1, Heavner Ireland Road Minor, North Side of Ireland Road, West of Locust Road3 ` i 8/16/2007 Consent to Annexation - Water 001-1015-031001 LOT NO. 1 SUB: Heavner Ireland Road Minor `I i Chokey, David & Gloria 21641 Ireland Road Description: r Ireland Road Minor, North Side of Ireland Road, Lot 1, Heavne ` West of Locust Road i i i i 1316 COUNTY -CITY BUILDING 227 W JEFFFRSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 24, 2007 Mr. & Mrs. David and Gloria Chokey 21641 Ireland Road South Bend, Indiana 46614 PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — Water Only Key Number: 001-1015-0310.01 Location: Lot 1, Heavner Ireland Road Minor, North Side of Ireland Road, West of Locust Road Dear Mr. & Mrs. Chokey: The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on August 16, 2007. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251 Sincerely, Linda M. Martin, Clerk Enclosure RECORDED AS PRESENTED ON 08/16/2007 01:51:259,M TERRI J. RET14LAKE ST. JOSEPH COUNTY RECORDIwr: REC FEE: $12.00 PAGES: 1 Hold Recorded copy IF, : Board of Public Works —CONE - NNEXATiON, 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 #001-1015-0310.01 Lot 1, Heavner Ireland Road Minor - North side of Ireland Road, West of Locust Road David and Gloria Chokey 21641 Ireland Road South Bend, 1N 46614 WATER ONLY Mailing Address: 5119 Redbud Lane South Bend, IN 46619 David and Gloria Chokey, 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 sat grantee, vendee, or contract purchaser and their successors in title. il .`APPROVED A,u� David Chokey B_ ai d of .Public WoAgGloria Chokey STATE OF INDIANA ) /�liu 1 ) SS: ..� COUNTY OF ST_ JOSEPH ) Before me, a Notary Public in and for tC_and 54G,-per-&enally appeared David and Gloria Chokey, and they acknowledged the execution of the foregoing onsent to Annexation as thier voluntary act and deed. WITNESS my hand and Notarial Seal this I Lf Day of dtkn.�2007. (W ' n Si nature Pnnte ) A resident of Eaun qa My Commission Expires: - 15 u Emily R. Platte Notary Public Residence Of Berrien County, MI W.1 Cni7+n'issirm Expires 9-15-2007 Tk^0T �—' .. aQ -A^ —A by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana BDA,r S1IARIIENGINEERIWPDATAICONSENTCOM.wpd STATE OF INDIANA COUNTY OF ST. JOSEPH S5: BEFORE ME, THE UNDERSIGNED NOTARY PUBLIC, IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED DONA-D HEAVNER. PETER T. TADDEO k TIMOTHY JOHN LYKOWSKK AM EACH SEPARATELY AND SEVERALLY ACKNOWLEDGED THE EXECUTION OF -HE FOREGOING INSTRUMENT AS THEIR VOLUNTARY ACT AND DEED FOR THE PURPOSE THEREIN SET FORTH. WITNESS VY HAND AND NOTARIAL SEAL THIS 7lh DAY OF JUNE. 2006. MY COMMISSION EXPIRES AUGUST 1, 2006. SCHUFt3• NOTARY PUBLIC IS A RESIDENT OF' Si. JOSEPH COUNTY, IND!AJ& 04� LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 2 EAST. CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRJBED AS FOLLOWS. COMMENCING AT THE WEST QUARTER CORNER OF SECTION 27: THENCE NORTH R9'44.39- EAST ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 27, A 7AA'CE OF 1670.00 FEET TO THE POINT OF BEGINMWG; THENCE NORTH 44'21" WEST, A DISTANCE OF 506.70 FEET: THENCE NORTH 89'57'27' EAST, A OISTANCE OF 55.95 FEET: THENCE NORTH 89'43'53' EAST, A DISTANCE OF 86.03 FEET; THENCE SOUTH OT48'12- EAST. A DISTANCE OF B6.08 FEET: THENCE NORTH 89.57'49' EAST. A DISTANCE OF 86.13 FEET; THENCE SOUTH 00'4513' EAST, A DISTANCE OF 595.39 FEET TO A POINT ON SAB EAST -WEST CENTERLINE: THENCE SOUTH 89'44'39' WEST ALONG SAJD EAST -WEST CENTERLINE, A DISTANCE OF 344.36 FEET TO THE POINT ON BEGINNING CONTAINING 4.00 ACRES MORE OR LESS SUBJECT TO THE LEGAJ. RIGHTS OF A PUBUC HIGHWAY, ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD. 0 � c31Do1 ER IRELAND ROAD MINOR HEAVN SUBDIVISION PART OF THE EAST OF THE NORTT'WE$T QUARTER OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 2 CENTRE TOWNSHIP, 57, JOSE S COUNTY, ITOWNA POC WEST OLAATER CORNER SECTION 27 T-37-N, R-2-E STATE PLANE COO.RDIAMS N: 2324627934 ,--____`-�---------�__—__,-- E. 157027.155 — A N 8g4479• E 1670.00' NOTES. THAT ARE INDICATED ON DOCUMENTATION PROVIDED BY THE 1. EASEMENTS PROPERTY OWNER -ARE SHOWN N THE DRAWING. O 2. 5/8" RESAR WITH PLASTIC CAP SHALL BE PLACED AT ALL LOT CORNERS. BUILDING SETBACKS SHALL CONFORM TO THE APPLICABLE PROVISIONS OF THE ZONING ORDINANCE. 3. NO ENCROACHMENTS OF STRUCTURES ONPTHIS MFJ7Y STRUCTURE 4. NO SECONDARY STRUCTUWp RES EXIST COM TM15 AREA TO BE WITH 5. FLOOD iNSuR DACE AUGUST OF SMU 1978. PANEL p �S 180224 0075 a AN EFFEC AS ZONE C, AREA OF MiN1Mh FLOODING. "A" COwwECT TO DESIGNATED HA,E PRIVATE SEPTIC SYSTEMS. ,to',- 4 ESE LOTS SHALL yg'j{}jJB!HALL CONNECT EA PLAN FAILURE OF THE Ex13Tlw0 ►/ y�NwnLiAn00 THE COMMISSION 2006 THE PLAT COMMITTEE OF THE AREA P1A1'J TO ALLOW N eKELT Lie=• EACH SIDE OF PROPERTY GRANTED THE FOLLOWING VARLAN50' OPENING (25N EA, 12.07E{k LOT 1 AND LOT 2 TO SHARE LINE) AND TO ALLOW FOR 1 25' OPENING ON LOT 3 ACROSS THE 5 NON-icros EASEMENT. N R9.43'53' E S B9.48'12' E N 895749 E u A75T2T E . _ -- AS nA' 86.131 RECORDERS DECIARAIXN: I AFFIRM. UNDER r1'E PARTS'NO PENALIZES FkR PERJURY, THAT I HWE TAKEN UNLM;AREE CARE TO REDACT EACH SOCIAL SECURITY NUMBER IN THIS DOCUMENT, UNLESS REQUIRED Bi �W, LANG. FEENEY & ASSOCATES %,,C BY. BRIAN X. GOODRICH 715 SOUTH MICHG,V STREri SOUTH BEND, IN 46601 LAND SURVEYORS CERTiFlT/310N, I, TERANCE D. LAl;','rEREBy CERTIFY THAT I AN A LAND SURVEYOR, LICENSED IN COMPUANCE WITH THE UAS OF THE STATE OF IND'ANA. THAT THIS PLAT CORRECTLY REPIAI THE A SURVEY COMPLETED OR CERTIFIED BY ME ON APRIL 20. 2006. THAT Tig UJG,TEO'! SIZE TYPE AND MATERIAL OF ALL MONUMENTS 1YLL BE INSTALLED N ACCORDANCE RTTH THE PROviTONS OF THE SUBDW,904 ORDINANCE OF ST. JOSEPH COUNTY, INDWA ELLS -a�,E Q S-DS23 TEiiANCE 0. LONG, RLB N0. 5-0523 * STATE l,Hp $1.) RECORDED AS_ 07 / 11 / 200�� 023 rERRF J. R- TAIL_ Sr. JOSEPH- G0U*j RECORDEk-- REC FEE: 520. PAGES; 1 DEED OF DEWT10k THE UNDERSi.e. DONALD HEAVNER, PETER T. TADDEO AND TIMOTHY :CNN LYKOWSKI, OW" OF THE REAL ESTATE SHOWN AND DUCPJ80 HEREIN, DO HEREBY LAYOFF, PUT AND SU90MDE SAID REAL ESTATE IN ACCORDA'CE WITH THE REQUIREWENTS Or THE SIBOMS10N ORDINANCE OF ST, JOSEPH 'CECOUWIT INDIANA THIS SUBDIVTON SHALL BE KNOWN AND DESIGNATED AS HEAVNER IRELAND ROAD IMP SUBOMSION. ALL STREETS. ALLEYS, RIGHTS -OF -WAY. FUTURE EASEMENTS AND PUBUC OPEN SPACES SHOWN AND M07 HERETOFORE DEDICATED ARE HEREBY DEDICATED TO THE PUBLIC FOR THE USES DESIGNATED HEREIN. FRONT WING SETBACK UNES ARE HEREBY ESTABLISHED AS SHOWN CN THIS PLAT, BETWEUI WNCH UN'ES AND THE RICHT-OF-WAY LINES OF THE STREETS THERE SHALL BE ERECTED OR MAINTAINED NO BUILDING OR STRUCTURE THE AREAS OF GROUND DESIGNATED ON THE PLAT AND MARKED 'EASEMENT ARE RESERVED FOR THE DESIGNATED USES BY THE PUBLIC UTILITIES, INCLUD NG OUT NOT LIMITED TO THE INSTALLATION OF WATER AND SEWER !AUKS, POLES, DUCTS, LINES AND WIRES, DRAJNAGE FACILMES, AND ACCESS FOR PRESENT OR FOR FUTURE DEVELOPMENT SUBJECT AT ALL TIMES TO THE PROPER 99KR M. AND TO THE EASEMENT HEREIN RESERVED. NO PERMANENT OR OTHER STRUCTURES ARE TO BE ERECTED OR MAWTAIN'ED UPON SAID EASEMENTS OF LAND, BUT CWHERS OF LOTS IN THUS SUBDIVISION SHALL TAKE THEIR TILES SUBJECT TO THE RIGHTS OF THE PUBLIC LGILMES AND TO THE RIGHTS OF THE OWNERS OF THE OTHER LOTS IN THIS SUBDMSION. OWNERS CERTIFICATION: THIS IS TO CERTIFY THAT THE UNDERSIGNED, DONALD HEAVNER. PETER T. TADOEO AND TIMOTHY JOHN LYKOWSKI, ARE THE OWNERS OF THE LAND DESCRIBED IN THE PLAT HEREIN AND HAVE CAUSED THE SAME TO BE SURVEYED AND SUBONMED AS INDICATED THEREON FOR THE USES AND PURPOSES THEREIN SET FORTH, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE PLAT UNDER THE STYLE AND TITLE THEREON INDICATED. PE7ER� E TIMOTHY LYI PO 30% 8155 23158 WEST IRELAND ROAD SOUTH BEND, INDIANA 4666D SOUTH 9EK0, INO'ANA 46514 3 Cl's w Iti L } , OONAID HEAVIER 402 PIERCE STREET ;; f 1 OSCEOLA. INDIANA 46561 r .`.•�6 1 35' EL'S.C:tiC 5[rRncK [��77 95' —'-- 5'IMN-ALCM FASEREENT ---- --- — _ R/Y'LIKE 4 __- S BT44'39' W 640.59' 27f ---_ --------------_ __- ---� FASN - WFST CEHRRLLhE OF SEC1t09 S 8944'39' W iRELANO ROAD (80' R/W) -------------------- ---- - ---- — --- � - - -----------'�__�----- RM UREA---'---' CENtFR OF SCT*N Z7 T-37-N, R-2-E STATE PLliE WOdOINATES gc�'��'� ❑ �ia; _ - k 2359633E♦6 L i5968232] Taking uilli 1��4�� - � � �• / • T_1:iT 3 i.sfna! i'. :... z. -, J;., HaCEtYEO b � pate �pp� �♦ JLLN ;,,,,�„" ; "�'" a,..•••� '� JOSS W c ail LD Jf Lang, reenay k Assceime3, Inc. P�kz 715 S. E,chlyra, Street Sauth Bend, NSam 46501 Phase (574) 233-1641 p' S0100' 150' on o.v.n SXG ,:w h.— F'•eornerve'_+,a.9�.o 'Ae "' 169-57