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<br />RECORDED ON
<br />11-13-2002 10:55:37
<br />TERRI J. RETHLARE
<br />5T. JOSEPH COUNTY
<br />RECORDER
<br />REC. FEE: 9.00
<br />ner_•L'Q. 7
<br />Hold Recorded copy for. Board of Public Work
<br />CONSENTATO ND ACKNOWTLEDGEMENT OF CITY COMPACT FEWAIVER OF RIGHT TO ES
<br />In consideration for permission to tap into the municipal utility system (water and/or water) of the city
<br />of South
<br />Bend,
<br />in
<br />order
<br />astaentse��efollowing described property, (h referred
<br />to as the "RealEstte"),ud isJopCounty, Indiana:
<br />LEGAL DESCRIPTION:
<br />Aarcel of land being a part of the Northwest Township, St. Joseph County, Indiana nd being more tparticularly deser of Section cribed as folowsNorth, Range 2 East, Greene
<br />Lot Number 2 as shown on the recorded Plat of Cyrier's Liberty Highway (SR 23) Minor Subdivision in the Office of
<br />the Recorder of St. Joseph County, Indiana. Recorded as instrument number 0127253 on June 14, 2001.
<br />Garden Homes, Inc.
<br />E. L. Yoder, President
<br />17874 SR 23
<br />South Bend, IN 46635
<br />WATER ONLY
<br />Mailing Address: Same
<br />Garden Homes, Inc., E. L. Yoder, 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 ' t of conveyance from the Owner to any successor, grantee, vendee or contract purchaser
<br />is subject to the�te of this ocument and the acceptance of such instrument shall constitute an acceptance of the
<br />foregoin pr isio s said antee, vendee, or contract purchaser and their successors in title.
<br />Garden Homes, Inc.,
<br />E. L. Yoder, President
<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 Garden Homes, Inc., E. L. Yoder,
<br />President, President and he acknowledged the execution of the foregoing Consent to Annexation as hir voluntary act
<br />and deed.
<br />WITNESS my hand and Notarial Seal this Q Day of 2002
<br />llPrinted). y —
<br />A resiacnt of St. Joseph,CAnty, Indiana. My Commission Expires. i
<br />This instr irhent,-Was prepared by Aladean DeRose, Assistant City Attorney,1400 County -City Building, South Bend,
<br />Indiana 46601.
<br />F:IDATAISHA RCIENG[N E)AR1W PDATAICONS ENTCOM.wpd
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