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02!ff;5.4a2
<br />\E APPROVED
<br />Board of Public ' or!'.s
<br />CT 09 �
<br />Hold Recorded copy for: Board of Public Works
<br />RECORDED ON
<br />10-16-2002 10:58:39
<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 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 sanitarysewer and/orwater service to the following described property, (hereinafter referred
<br />to as the "Real Estate"), situated in St. Joseph County, Indiana:
<br />Key #02-2019-0420, #02-2019-0419
<br />and #02-2061-2655 North side
<br />of State Road 23 North of Douglas Road.
<br />NJA, LLC
<br />Nafe J. Alick, President
<br />Elkhart, IN-46 +6-6fri4
<br />46514
<br />905 STRONG AVE.
<br />SEWER AND WATER
<br />Mailing Address: Same
<br />NJA, LLC, Nafe J. Alick, President, owner of the Real Estate, (hereinafter "Owner"), for themselves and their
<br />successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which
<br />they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future
<br />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 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 />NJA, LLC.
<br />Nafe J. Alick, President-j�
<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 NJA, LLC; Nafe J. Alick, President
<br />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 .2q Da of SE T M BC-e-2002
<br />(Written Signature)
<br />(�—Mbi1 C. i0cCA"ARC-LL--
<br />Printed
<br />A resident of St. Joseph County, Indiana,
<br />My Commission Expires: 0 0 7
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney,1400 County -City Building, South Bend,
<br />Indiana 46601.
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