Consent to Annexation for Sewer & Water - 52604 Blue Winged Trail - Thomas H Morrison Group LLC

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I I II IIII I II'�� I I��I Tx:4015142 17Q19ss RECORDED AS PRESENTED ON Hold Recorded copy for: Board of Public Works or/24/2017 2:27PM MARY SETN Wr.Nf.W$Rr CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE ST. 30SEPH COUNTY AND ACKNOWLEDGMENT OF, CITY COMPACT FEES RECORDER PGS: f FEES: 12.e0 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 andlor water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in SL Joseph County, Indiana. Property Owner 1 Property Address Key Property Description Mailing Address 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 mhereafter 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 fisher 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 duty 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 ran 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 County and City effective property tax and for both municipal utilities (water and sewer) is 50%efsuch property tax differential, which rates are set forth in the St. Joseph County Auditor's annually published 'rNodce of St. Joseph County Certified Tax Rates". The delivery of any instrument of conveyance room the Owner to any sucvessor, 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. { aGu7J` 9Y „(1'�opepy Owner I Signnlure) Property Owner (Print Name) BOARD OF PUBLIC WORKS APPROVAL Gary A_Gilot President q Surenua Friu ber Membe EElisabeth . Maradlik,dik, Member Therese J, IRrau, Member JIA— Mueller, Member Date: 12 2 9— ( l Date: /! 1// 7 STATE OF ��k ?—," � ) SS: COUNTY OF,iJo^ ) Before me, a Notary Public in and for said County and State, personally appeared—j�-. +.... a li "errsc , and he acknowledged the execution of the foregoing Consent to ae Annallon as his vvo ut� ad and deed. WI SS my han an NolBriol Seal this Day fl l"w 2016. c (Si,aia.m) CVA �A Aresident of (Printed Name) My Commission Expires: lahem d d,c ahi. for ornury that l a rak bl care to redact each Social Seo 'm nambcrmtlna doeaaent ml -ed bv_ Tht instwnerrw _ db Alden, DR aC A cy 1200 CountvCity eu ld'vSews Brnlnd'ana 4fifi01.