Consent to Annexation - Nature's Gate II LLC

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Tz'I�IIIIIIIIIII_IIIIIII :tlfld7500 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. ry Property Owner A-ru r£6 GL}-fe7r--- 1-tL Property Address 57��7 9/Up to FcQ Tia,�( t L�4 Key# H. Z�e o„ ozI- 1638 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 hereaf er 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 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 Tax Rates". The delivery of any instrument of conveyance from the Ownerto any successor, gratnee, 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. �. (Property Owner 1 Signature) 1`` 21811.7 STATE OF INDIANA ) ) SS: COUNTY OF ST JOSEPH ) Before me, a Notary (Printed Name) BOARD OF PUBLIC WORKS cr' scTh D....,h James A. Mueller, Member Date: o`"�a a� (7 Public m end for said County and Statq personally t.t.Es and he acknowledged the execution ofthe foregoing Consent to d. VOR W+, r to j(F'19V1J ry .. &41t zolQ, 1-7�