Consent to Annexation - 23095 Rumford Drive

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IIII�III 8076402 Tx:4047827 2.807001 RECORDED AS PRE5E@ 7rD CN 03 / 28'/ 201 S 09:55 AM MARY EETH WIISNIIa'WWSzI ST. JOS.EPH CC UN'ry RECORDER P>G5r t tl°;ES: 25.00 Hold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF MISCELLANOUS CITY FEES In consideration for permission to tap into the municipal utility system (water and/or sewer) ofthe 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. Property Owner 1 Property Address Tax ID/Key # Property Description Mailing Address Jubilee Builders 23095 Rumford Dr., South Bend, IN 004-1009-0162 LOT 141 WILLOWGATE TRAILS SEC 2 RP6701 09107/07 08/09 1122 Bellhaven Drive, Mishawaka, IN ✓ WATER ✓ SEWER owner(s) of the Real. Estate, (hereinafter "Owner"), for themselves and their successors in tittle, 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, Sections 17-79 and 17-80 of the South Bend Municipal Code, Owner acknowledges and accepts the Owner's obligation to pay a wastewater and water system development charge based on expected usage. Further, the Owner acknowledges and agrees to pay the applicable surcharge established under Chapter 17, Article 10, Section 17-81 for wastewater service. 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 ofthe foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. 0E (Prropezlti_v� Owner 4 Sign c) �_ Property Owner (Print Name) BOARD OF PUBLIC WORKS Therese J. Doran, M tuber James A. Mucher, Member 7 c / Date: STATE OF INDIANA ) ) SS: COUNTY OF ST JOSEPH ) Before me, a,,-,y Notary Publi in and for said County and State, personally appeared 1 I G� 1 6� and he acknowledged the execution ofthe foregoing Consent to I affirm under the penalties for Perjury, that I have taken reasonable care to redact each Social Security number in this do ent, unless re mired by law l