|
,Afl1 1±O1 1:D
<br />Board aI ,Puthlic Work-
<br />OQT 9002 /
<br />�_
<br />1 Recorded copy for: Board of Public Works
<br />212�i�:jLrBZf
<br />RECORDED ON
<br />10-16-2002 10:58:41
<br />TERRI J. RETHLAHE
<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 vvutcracrvicc to ti,o F no.. ngaa� .;ra s�r..nw+ta�.lhPrean titter referred
<br />to as the "Real Estate"), situated in St. Joseph County, Indiana:
<br />LEGAL DESCRIPTION:
<br />A part of the North half of Section 5, Township 38 North, Range 1 East, Warren Township, St. Joseph County, Indiana
<br />and being more particularly described as follows:
<br />Lot 3 and Lot 5 as shown on the recorded plat of Pin Oak Estates, Section Seven in the office of the recorder of St.
<br />Joseph County, Indiana as Instrument Number 9933122, also being known as Nature's Gate Subdivision..
<br />Nature's Gate, L.L.C.
<br />Lance J. Cleland, Member
<br />1101 Lincolnway West
<br />Mishawaka, IN 46544
<br />SEWER AND WATER
<br />Mailing Address: Same
<br />Nature's Gate, L.L.C., Lance J. Cleland, Member, owner of the Real Estate, (hereinafter "Owner"), for themselves
<br />and 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 Citys 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 />AA� f
<br />Nature's Gate, L.L.C.
<br />Lance J. CIeland, Member
<br />STATE OF INDIANA )
<br />) SS:
<br />Before me, a Notary Public in and for said County and State, personally appeared Place Realty, Inc., Andrew W. Place,
<br />President and he acknowledged the execution of the
<br />foregoing Consent to Annexation as hir voluntary act and deed.
<br />in hand and Notarial Seal this �/
<br />r
<br />:•r6 Da of 2002
<br />Y,
<br />(Written Signature)
<br />tinted)
<br />A resident of St. Joseph County, Indiann�a.
<br />My Commission Expires:_
<br />:ICT 9 22
<br />This instrument was prepared byAladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
<br />Indiana 46601.
<br />F:1DATA1S tIA REIENG IN E E R1 W P DATAICO N S EN TCO M.wpd
<br />
|