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\l1 APPROVE])
<br />Board of Ptil;;ic "
<br />�i 9
<br />Hold Recorded copy for: Board of Public Works
<br />1Z1;R55554.83
<br />RECORDED ON
<br />10-16-2002 10:58:40
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC. FEE: 9.00
<br />PAGES: 1
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
<br />In consideration forpermission 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 die following described property, (hereinafter referred
<br />to as the "Real Estate"), situated in St. Joseph County, Indiana:
<br />LEGAL DESCRIPTION:
<br />A part of the Northeast Quarter of Section 30, Township 38 North, Range 3 East, Clay Township, St. Joseph County,
<br />Indiana and being more particularly described as follows:
<br />Commencing at the Northeast comer of the Northeast quarter of said Section 30; thence South 00 00' 00" East along
<br />the East line of said Northeast quarter, a distance of 1,703.07 feet to the place of beginning; thence continuing South
<br />00 00' 00" East along said East line, a distance of 178.71 feet; thence South 89 44' 22" West a distance of 440.00 feet;
<br />thence South 00 00' 00" East, a distance of 99.00 feet; thence South 89 44'22" West, a distance of 884.08 feet to a point
<br />of the North/South centerline of said Northeast quarter; thence North 00 01' S5" West along said North/South centerline
<br />a distance of 275.94 feet; thence North 89 39' 46" East, a distance of 1,324.24 feet to the point of beginning and
<br />containing 7.42 acres, more or less and being known as Ironwood Villas North Subdivision. Located on the East side
<br />of Ironwood Road just North of the Indiana Toll Road.
<br />Place Realty, Inc. SEWER AND WATER
<br />Andrew W. Place, President
<br />2133 Foxboro Court Mailing Address: Same
<br />Mishawaka, IN 46545
<br />Place Realty, Inc., Andrew W. Place, President, owner of the Real Estate, (hereinafter "Owner"), for themselves and
<br />their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right
<br />which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or
<br />future annexation of the 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
<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 fiu-ther 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 />/Place Realty, Inc.
<br />Andrew W. Place, President OCT 9 2Q ?
<br />ST ATE or Tl�D, nr1 q
<br />) SS: J
<br />COUNTY OF ST, JOSEPH )
<br />Before me, a NotaryPublic in and for said County and State, personally appeared Place Realty, Inc., Andrew W. Place,
<br />President and he acknowledged the execution of the foregoing Consent to Annexation as hir voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this _ / 9� Dav of %4�'-�Zj74- )nm
<br />(W n Signature)
<br />- ... .
<br />/� �� � ���•��
<br />L1NDA L. �DDU RARY :...'
<br />r
<br />Notary Public, Sfift of Indfana
<br />(Printed)
<br />A resident of St. Joseph County, Indiana.
<br />County of St Joseph
<br />Sion
<br />My.CaO Expires: -�Q O
<br />r��C1i
<br />MY Commission expires Apr. 30, 2008
<br />_
<br />l'••
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
<br />Indiana 4660 L
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