#2653- Deed; CONSENT TO ANNEXATION Lot 38, 39 & 40 on the side Main- S. of Pulling

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F.1 VED �-of Public Works 1-Iold Recorded copy for B rd of Public Works RECORDED ON 05-23-2002 3:38:48 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC. FEE: 11.00 PAGES: 2 CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES In consideration for permission to tap into the municipal utility system (water and/or water) 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: Key #01-1041-1045 Gilmer's South Michigan Street Addition Proposed, Lots 38,39, & 40 E side of Main Street, S of Pulling Street Mary Beth Wiseman 60645 South Main Street South Bend, IN 46614 SEWER ONLY Mailing Address: 6001 Miami Road South Bend, IN 46614 Mary Beth Wiseman, owner 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 amiexation 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 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 "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates." The deliveryof 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. . , Mary Peth Wiseman STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Mary Beth Wiseman and she acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. WITNESS irty hand and N My Commission Seal this Da y of 2002 Indiana. This instrument was Indiana 46601. Assistant City Attorney, 1400 County -City Building, South Bend, A\S l4ARE\ENGINEER\wPDATA\CONSENTCOM.wpd