HomeMy WebLinkAbout#3235- Deed; CONSENT TO ANNEXATION-WATER Parcel at the North West Corner of Cleveland Road and Frances StreetI
3
j 32J5
4/29/2008
Consent to Annexation - Water
I
002-1006-016701
Waterbury, Robert W. & Michael B.
19095 Cleveland Road
Description:
Parcel at the North West Corner of CIeveland Road and Frances
Street i
I
i
1316 COUNTY -CITY Bu1LDINc
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHFN J. LuEcKE, MAYOR
BOARD OF IL UBLIC WORKS
June 11, 2009
Mr. Robert W. Waterbury &
MT. MichaeI B. Waterburyy
19095 Cleveland Road
South Bend, Tndian 46637
RE: Consent to Amuiexation, Waiver of Rights to Remonstrate and
Acknowledgement of City Compact Fees
Key No: 002-1006-016701
Dear Mr. Waterbury & Mr. Waterbury:
PHONE 574/ 235-9251
FAx 574/235-9171
TDD 574/ 235-5567
The Board of Public Works recorded the above referred to document with the St. Joseph
County Recorder's Office on April 29, 2008. A copy is enclosed for your records.
If you have any questions, please call me at (574) 235-9251.
Enclosure
Sincerely,
';I9��
Linda M. Martin, Cleric
GARYA. GILOT, P.E. CARL P. LITTRL•LL, P.E. DONALD E. INKS
PRESIDENT MEMBER MEMBER
0
Hold Recorded copy for:
RECORDED AS PRESENTED ON
04/E9/2008 0E:35:43PM
TERRI J. RETHLAKE
ST. J05EPH COUNTY
RECORDER
REC FEE: $12.00
PAGES: 1
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 4002-1006-016701 Parcel at the North
west corner of Cleveland Road and
Frances Street
Robert W. and Michael B. Waterbury
As Joint Tenants
19095 Cleveland Road
South Bend, In 46637
WATER ONLY
Mailing Address: Same
Robert W. and Michael B. Waterbury, as joint tenants, 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 17-96 of the South Rend Muniripal Cnde, 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.
Robert W. Waterbury APPROVED Michael B. Waterbury
As joint tenants Hoard of Public WOrksAs joint tenants
gAPk2,8 0
STATE OF INDIANASS:
COUNTY OF ST JOSEPH
Before me, a Notary Public in and for said County and State, personally appeared Robert W. and Michael B. Waterbury, as joint
tenants, and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed.
WITNESS my hand and Notarial Seal this Day of 2008.
'v
'� .Z 9'/l /Ci ✓Ic _/ /ice ,r� { Z`
(Written SiRature)
Q M? y
(Printed)
�
A resident of
a s
CG '.i „';.On Exp , ,a
' Oci 07, 2014
My Commission Expires:.
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 fiend, Indiana 46601.
F:\DATAISI-IARE\ENGINEER\WPDATA\CONSENTCOM.wpd