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Home My WebLink About#3218- Deed; CONSENT TO ANNEXATION-SEWER South Side of Adams Road at Orange Road - Carriage House Restaurant. SE Corner of Adams & Orange3/18 8/16/2007 Consent to Annexation - Sewer 004-1010-0167 LOT NO. SUB: Cote Enterprises (Judy Cote) 24460 Adams Road I; Description: Sout Side of Adams Road at Orange Road - Carriage House I Restaurant. S/E Corner of Adams & Orange I 1316 CouNTY-C3Ty BUILDING 227 W. JEFFEmoN BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 24, 2007 Ms. Judy Cote Cote Enterprises, Inc. 24460 Adams Road South Bend, Indiana 46628 PHONE5741235-9251 FAX 574/235-9171 TDD 5741235-5567 RE: CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE — Sewer Only Key Number: 004-1010-0167 Location: South Side of Adams Road at Orange Road - Carriage House Restaurant Dear Ms. Cote: 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. Enclosure r Sincerely, Linda M. Martin, Clerk RECORDED AS PRESENTED ON 08/16/2007 01:51:26PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $1.2.00 Hold Recorded copy for Board of Public Works PAGES' 1 ONSENT T EXATION, WAIVER OF RIGHT TO REMONSTRATE D 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 #004-1010-0167 South side of Adams Road at Orange Road. Carriage House Restaurant. S/E corner of Adams and Orange. Judy Cote, President Cote Enterprises, Inc 24460 Adams Road South Bend, In 46628 SEWER ONLY Mailing Address: Same Judy Cote, President, Cote Enterprises, Inc., 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. Judy ote, President Cote Enterprises, Inc STATE OF INDIANA } SS: COUNTY OF ST JOSEPH APPROVED Board of Public Works Before me, a Notary Public in and for said County and State, personally appeared Judy Cote, President, Cote Enterprises, Inc.and she acknowledged the execution of the fbregotnp Consent to Annexation as her voluntary act and deed. WITNESS my hand and Notarial Seal thi . �� Day of (/ 2007, - t`•''�c Printed A resident of My Coriimissrun pires: 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:IDATAIS H A R I IENGINEERIWPDATAICONS ENTCOM.wpd RECORDED AS PRESENTED ON 08/16/2007 01:51:26PIN TERRI J. RETHI-AKE ST. JOSEPH COUNTY RECORDER REC FEE: $12.00 Hold Recorded copy for Board of Public Works PAGES: 1 t ONSENT T EXATION, WAIVER OF RIGHT TO REMONSTRATE D 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 #004-1010-0167 South side of Adams Road at Orange Road. Carriage House Restaurant. S/E corner of Adams and Orange. Judy Cote, President Cote Enterprises, Inc 24460 Adams Road South Bend, In 46628 SEWER ONLY Mailing Address: Same Judy Cote, President, Cote Enterprises, Inc., 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. Judy Cote, President Cote Enterprises, Inc STATE OF INDIANA ) SS: COUNTY OF ST JOSEPH ) APPROVED Board of Public Works i Before me, a Notary Public in and for said County and State, personally appeared Judy Cote, President, Cote Enterprises, Ine.and she acknowledged the execution of the foregoi! Consent to Annexation as her voluntary act and deed. WITNESS my hand aq Notarial Seal thi Day of (/� 2007. Written Signature) �} ' I�r Printed A resident of •,, / b My Comtrlft'Kpires: 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:IDATAIS 1-I AR E1ENG IN E ERIW PD ATAICON S ENTCO M. wpd