Consent to Annexation - 52694 East Trail

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4 � � �` IIlIIIIIIII1111111111111lIIII t 8085798 Tx:4053536 -- 1814157 RECORDED AS PRESENTED ONHold Recorded copy for: Board of Public Works oe/s.z(zoas oz:sa PM CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATEMARY BETH wrSNaEWSs U AND ACKNOWLEDGMENT OF MISCELLANOUS CITY FEES ST. 30SEPH COUNTY RECORDER In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city o�cS9?rida5.00 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 I MILLER FAMILY IRREVOCABLE TRUST MALCOLM J TUESLEY TRUSTEE Property Address 52694 East Trail, South Bend, IN Tax ID/Key # 021-1036-059314 Property Description Lot 447 Fox Run Sec 7 Pt 4 NP#8812 9-15-05 Mailing Address 806 Greenpine Ct, Mishawaka, IN 46545 L✓l WATER Ld SEWER 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 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 of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. (Property Owner I Signature) �e.t1 ✓rS D, IY1r/1-ev Property Owner (Print Name) Date: BOARD OF PUBLIC WORKS Gary A_ Gilot, President Suzanna Ftijtzberg, Mem er Elizabeth A. Maradik, Member Therese J. Dorau, Member James A. Mueller, Member Date: G / /a/pQ ( g STATE OF INDIANA ) ) SS: COUNTY OF ST JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared AVV% �N 1 i �i'Q ✓ and he acknowledged the execution of the fore oin; onsext -- Annexation as his voluntary act and deed. Vt �q ERIN L KRAUS FITNESS n Notarial Seal this Day of � Y 1 2018_ Notary Public.- Seal I ��A� J �— state of Indiana ""y Commission Expires Oct 24, 2018 (Signatures) Eycrn J'UA A resident of } *Ly �t C (/ (Printed Name) My Commission Expires: �r�t('-i�s I affirm under the aanalties for aenurv. that t have takty en reasonable care to redact each Social Security number in this document unless required by taw: This instrument was orenared by Aladean DeRose CiAttorney I.) County -City Building, South Bend, Indiana 46601.