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_..� VED <br />�b2'889�3 <br />Public Works <br />RECORDED ON <br />Y 4 05-23-2002 3:38:48 <br />TERRI J. REMAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC. FEE: 11.00 <br />PAGES: 2 <br />Hold Recorded copy for rd of Public Works <br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE <br />AND ACKNOWLEDGEMENT OF CITY COMPACT FEES <br />In consideration for permission to tap into the municipal utility system (water and/or water) 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 />Key #01-1041-1045 <br />Gilmer's South Michigan Street <br />Addition Proposed, Lots 38,39, & 40 <br />E side of Main Street, S of Pulling Street <br />Mary Beth Wiseman <br />60645 South Main Street <br />South Bend, IN 46614 <br />SEWER ONLY <br />Mailing Address: 6001 Miami Road <br />South Bend, IN 46614 <br />Mary Beth Wiseman, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, <br />assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or <br />hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real <br />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 <br />and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates <br />irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at <br />any future time by duly authorized ordinance. <br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors <br />or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. <br />Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges <br />Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or <br />sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both <br />municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County <br />Auditor's annually published "Notice of St. Joseph County Certified Tax Rates." <br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser <br />is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the <br />foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. <br />CiJ�s <br />Mary eth Wiseman <br />STATE OF INDIANA ) <br />) SS: <br />COUNTY OF ST. JOSEPH ) <br />Before me, a Notary Public in and for said County and State, personally appeared Mary Beth Wiseman and she <br />acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. <br />WITNESS my hand aW <br />tarial Seal this Da of L 2002 <br />, A /7 /I <br />Indiana, <br />My Commission <br />This instrument was prep eRose, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 46601. <br />r�:\DATA\S FLARE\ENGINEER\WPDATA\CONSENTCOM,wpd <br />