Consent to Annexation for Sewer & Water - 52572 Blue Winged Trail - Thomas H Morrison Group LLC

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IIIIIIII III5III III Tx:4015142 1701957 Hold Recorded copy for: Board of Public Works RECORDED AS PRESENTED ON of/za/zav 327PM CONSENT TO ANNEXA'UION, WAIVER OF RIGHT TO REMONSTRATE Maar sErn wrsnrEwsxr AND ACKNOWLEDGMENT OF CITY COMPACT FEES ST. TDSEPN COUNTY RECORDER In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city oNouat e`nY,.00 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. Property Owner 1 Property Address Key h Property Description Mailing Address owner(s) 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 Rend. 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 tuluretime 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 mu with the land. Pursuant to Chapter 17, Article 10, Section 17-56 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 County and City effective property tax and for both municipal utilities (water and sewer) is 50%of such property tax differential, which rates are set forth in the St. Joseph County Auditor s annually published "Notice of St. Joseph County Certified 'I ax Rates", The delivery ofany 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 aid their successors in title. d ZriP her 1 Sigaamre) r 6. rl+ rgperry Owner (Print Name) BOARD OF PUBLIC WORKS APPROVAL GaryA Gilot President yy L Suzama Krita erg, Member lIa � Elizabeth A Maradrk, e em r T ierese J. Dorau, Me b 14 n_ Jar A. Mueller, Member Date: 12-ZR- IG Date 421�i-7 µCS i STATE OFe,@9'A�` ) tYiesV )SS COUNTY OF KPH ) Before m� a Not Public in and for said County and state, personally appearedA fe�5b� and he ucknowledgcd the execution ofthe foregoing Consort to Annexation as his voluntary act and deed. WITN try hands' N rial $cal this_Day of I ° 2016. A1A (Siwamrel I ,ok-(- A resident of (Pumted Name) My Commission Expires: I n15rtn_uedn the penalties fm nor Iry drat l hove wlen care to red iS IS bcr in rh- d I - dbv law'. This instrument was orcua en by 4lWean n R C' -A p v 1200 Cnu rtvL tv F3u 4tnv SciiffhBd ladiana46wl. t, C .0 C; � "`,RX`r-1 1,uA- 4N