Consent to Annexation - Nature's Gate II LLC

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IIIlillllll2 6 2 soz7 Tx:4017500 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 sewn andlor 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# 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 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 17-86 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 Auditors annually published "Notice of St. Joseph County Certified Tax Rams". The delivery of any instrument of conveyance from the Ownerto 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. W (Property Owner 1 Signature) P a v v S P. lf'l: Pmperty, Owner(Pdnt T ame) BOARD OF PCBLIC WORKS ,� 2 Therese I. Dora m r ` James A. Mueller, Member Date: c2/a-F/,--/7 STATE OF INDTANA ) ) SS: COUNTY OF ST JOSEPH ) Before me, a Notary Public in and for said County and Snue, personally appeared t�guJNIS t�-. lsrflt.I.ER. and he acknowledged the execution ofthe foregoing Consent to Annexation as his voluntaryact and deed. ir„ _.,.rrtPMes.... 1 MY R'd11V)ON CJ EA °TAA }es deutof (Prmtcd Name) i— ,- 11y Cp`nmi Au Expires: 2Dlg.