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p,F coRE)n AS PRESENTED ON <br />4(3/28 12019 c9,56 Am 8 0 7 ra 3 9 9 <br />Mw <br />ARY PETH isNIEWSKI <br />Tx:4047827 <br />ST..IGSEPH COUNTY A ECORDER <br />Hold Recorded copy for: Board of Public Works PGS: 1 FEES: 25.00 <br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE <br />AND ACKNOWLEDGMENT OF NUSCELLANOUS CITY FEES <br />In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city of South Bend, <br />Indiana, in order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred <br />to as the "Real Estate"), situated in St. Joseph County, Indiana. <br />Property Owner I Jim and Cris Milliken <br />Property Address 26831 S MARSHALL DR, SOUTH BEND, IN 46628 <br />Tax ID/Key 4 021-1038-062626 <br />Property Description West Pointe Estates Sec One Lot 43 <br />Mailing Address 26802 Early Rd, South Bend, IN 46628 <br />Ll WATER 1/1 SEWER <br />owner(s) of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal <br />representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate <br />against or otherwise interfere with, or oppose any pending or future annexation ofthe Real Estate by the City of South Bend. <br />In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or <br />water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to <br />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 <br />authorized ordinance. <br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns <br />shall contain the waiver and release provisions contained herein, which provisions shall run with the land. <br />Pursuant to Chapter 17, Article 10, Sections 17-79 and 17-80 of the South Bend Municipal Code, Owner acknowledges and <br />accepts the Owner's obligation to pay a wastewater and water system development charge based on expected usage. Further, <br />the Owner acknowledges and agrees to pay the applicable surcharge established under Chapter 17, Article 10, Section 17-81 <br />for wastewater service. <br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject <br />to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions <br />by said grantee, vendee, or contract purchaser and their successors in title. <br />(Property Owner 1 Signature) <br />L U ke <br />Property Owner (Print Name) <br />Date; -3 Py—lf; <br />BOARD OF PUBLIC WORKS <br />Therese J. Doran, Member U <br />James A. Mueller, Member <br />74,-, � [< <br />Date: <br />STATE OF INDIANA <br />) SS: <br />COUNTY OF ST JOSEPH ) <br />Before me, a N t Public in <br />and for said County and State, personally <br />ry <br />appeared Mkj�j n <br />. ........ ..... . <br />and he acknowledged the execution of the foregoing Consent to <br />Annexation as his voluntary act and deed. <br />h71�d this 4-, <br />Day 2g18. <br />WS 7 <br />�.S <br />of <br />0 (Si tore) <br />Lbi . . . ......�I <br />A resident of <br />(Printed Name) <br />My Commission Expires: 1143, <br />I affinn, under the penalties for perimy, that I have taken reUgnable <br />care to redact each Social Security number in this document untess required by law, <br />This instrument was prepared by Aladcan DeRose, City Attorney. ➢200 Countv,City Building, South Bend. Indiana 46601. <br />U161 f 6oil <br />