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Home My WebLink About#3238- Deed; CONSENT TO ANNEXATION-SEWER AND WATER Lots 12 & 13 of the Dixie Way Addition, West Side of SR 933, North of Cleveland32 8 f 6/26 0008 Consent to Annexation - Sewer & Water � I j 002-1038-1035 & 002-1038-1034 LOT NO. 12 & 13 SUB: Dixie Way Addition i Ganesh Hospitality Group, LLC 25852 SR 933 € Description: Lots 12 & 13 of the Dixie Way Addition, West Side of SR 933, North of Cleveland - i I 1316 COUNTY -CITY BUILDING 227\n jEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 SOUTH a 'N �\L+ACEr/� � r^T r ■ I865 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS August 4, 2008 Mr. Ron Patel Ganesh Hospitality Group, LLC 52852 State Road 933 South Bend, Indiana 46637 RE: Consent to Annexation, Waiver of Rights to Remonstrate and Acknowledgement of City Compact Fees — Sewer and Water Key No: 002-1038-1035 and 002-1038-1034 Dear Mr. Patel: 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 June 26, 2008, 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 0 8 2 I a 3 5 RECORDED AS PRESENTED ON 06/26/2008 09:50:36AM TERRI J. REMAKE ST. JOSEPH COUNTY RECORDER REC FEE: 512.00 PAGES: I Hold corded copy for: Board of Public Works l 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: 3b Key #1002-1038-Mnd 002�-1038, Lots 12 & 13 Dixie Way Addition, West side of SR 933 North of Cleveland Ganesh Hospitality Group, LLC Ron Patel, President 52852 State Road 933 South Bend, In 46637 SEWER AND WATER Mailing Address: 236 Dixie Way North South Bend, IN 46637 Ganesh Hospitality Group, LLC, Ron Patel, President, 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 fiirther consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or water) ofthe 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. Ganesh Hospitality Group, LLC, Ron Patel, President STATE OF INDIANA ) SS: COUNTY OF ST JOSEPH ) iWPROVF.D Board of Public Work. 11 Before me, a Notary Public in and for said County and State, personally appeared Ganesh Hospitality Group, LLC, Ron Patel, President, and he acknowledged the execution of ghee foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notarial Seal this ! r t' Day of e-, 2008, A.residcnt.6f �S My Commission Expires:, I 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 This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. I::IDATAISI IARG\ENGINEER\WPDATA\CONSENTCOM.wpd