HomeMy WebLinkAbout#3231- Deed; CONSENT TO ANNEXATION-WATER Lots 32, 33 and 34 in Gillis Subdivision (unrecorded). Just North of Brick Road on West Side of Portage Road3 //2008
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Consent to Annexation - Water
004-1025-0447
LOT NO. 32, 33, 34 I
SUB: Gillis Sub
Bach, Kyle D. & John P. van Meeter
51931 Portage Road
Description:
i
Lots 32, 33 and 34 in Gillis Subdivision (unrecorded). Just North of it
Brick Road on West Side of Portage Road `
1316 COUNTY -CITY BUILDING
227 �� JEFFERSON BouLvnRD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
March 4, 2008
Mr. Kyle D. Bach and Mr. Johr1 P. Van Meeter
51931 Portage Road
South Bend, Indiana 46628
RE: Consent to Annexation, Waver of Right to Remonstrate and
Acknowledgement of City Compact Pees - Water
Key No: 004-1025-0447
Dear Mr. Bach and Mr. Van Metter:
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 574/ 235-5567
The Board of Public Works recorded the above referred to Consent to Annexation with
the St. Joseph County Recorder's Office on January 15, 2008. A copy is enclosed for your
records.
If you have any questions, please call me at (574) 235-925 L
Enclosure
Sincerely,
J�
Linda M. Martin, Clerk
GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS
PRESIDENT MEMBER MEMBER
IIIIII IIIII hill IIIII IIIII IIIII!IIII III! IIIIII Illi IIII
oeo'i3es'
RECORDED AS PRESENTED ON
01/15/2008 08:51:31AM
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 ##004-1025-0447 Lots 32, 33, and 34 in
Gillis Subdivision (unrecorded). Just North
of Brick Road on West side of Portage Road.
Kyle D. Bach and John P. Van Meeter
51931 Portage Road
South Bend, In 46628
WATER ONLY
Mailing Address: 812 West Edison Road
Mishawaka, IN 46545
Kyle D. Bach and John P. Van Meeter, 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 �a ptance of the foregoing provisions by
said grantee, vendee, or contract purchaser and their successors in title. Z //% J 1�
ZZ /6I /
Kyle D. Bach ohn P. Van Meeter APPROVED
Board of Public Works
STATE OF INDIANA ) JAN 1 20 8
SS: .
COUNTY OF ST JOSEPH )
Before me, a Notary Public in and for said County and State, personally appeared Kyle D. Bach and
and they acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act and deed.
WITNESS my hand and tarial Seal this Day of aff 200r
(Written Signature)
, :'d G S
Printed)
DAVID L. ROOS
A resident of / - �� e/l%2 �� ✓t,�i/� �T.: _ Sl. Joseph County
j E4 h4y Commission Expires
May 8, 2011
My Commission Expires:.....m,
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
This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
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