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<br />I
<br />Hold Recorded copy or: Board of Public Works
<br />C TO N, WAIVER O
<br />RECORDED ON
<br />11-13-2002 10 : 55 : 38
<br />TERRI J. RETHLAEE
<br />ST. JOS£PH COUNTY
<br />RECORDER
<br />REC. FEE: 9.00
<br />PAGES: 1
<br />r
<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 />LEGAL DESCRIPTION:
<br />A part of the North half of the South 40 acres of a 78 acre parcel of land described in Warranty Deed Instrument Number
<br />860u692 as recorded in the office ofrecorder of St. Joseph County, IN the southeast quarter of Section 14, Township
<br />38 North, Range 2 East, Clay Township, St. Joseph County, Indiana, being described as follows:
<br />Commencing at the center of said Section 14, which center being marked by a 1 inch brass plug in monument bos; thence
<br />South 0 degrees 08 minutes 53 seconds East along the West line of said Southeast Quarter, also being the West line of
<br />Laurel Woods, Section Three and Laurel Woods (PUD), Section One, as recordered under Instrument Number 8833997
<br />and 7812209 in the Office of said Recorder, a distance of 964.62 feet to the point of beginning; thence South 89degrees
<br />49 minutes 47 seconds East parallel to the North line of said Southeast Quarter, also being the South line of Laurel
<br />Woods (PUD), Sections One and Two and Golden Oak Village, Section One, respectively recorded under said
<br />Instrument Number 7812209, and under Instrument Numbers 7927096 and 9438009 in the office of said Recorder, a
<br />distance of 1716.00 feet; thence South 0 degrees 08 minutes 53 seconds East parallel to the West line of said Southeast
<br />Quarter, also being along the West line of Hazelton Subdivision as recorded in Plat Book 12, Page 158,in the Office of
<br />said Recorder,a distance of 507.69 feet; thence North 89 degrees 49 minutes 47seconds West parallel to the North line
<br />of said Southeast Quarter, a distance of 1332.80; thence North 0 degrees 08 minutes 53 seconds West parallel to the West
<br />line of said Southeast Quarter, a distance of 253.84 feet; thence North 89 degrees 49 minutes 47 seconds West parallel
<br />to the North line of said Southeast Quarter, a distance of 383.20 feet to the West line of said Southeast Quarter, which
<br />point being North 0 degrees 08 minutes 53 seconds West, a distance of 1424.25 feet from the South Quarter comer of
<br />said Section 14, which South Quarter comer being marked by a Harrison Monument; thence North 0 degrees 08 minutes
<br />53 seconds West along said West line, a distance of 253.84 to the point of beginning; said described tract containing
<br />17.767 acres; subject to covenants, restrictions, easements and right of way of record. Being known as Laurel Creek
<br />Subdivision.
<br />Place Realty, Inc.
<br />Andrew W. Place, President
<br />2133 Foxboro Court
<br />Mishawaka, IN 46545
<br />SEWER AND WATER
<br />Mailing Address: Same
<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 ail 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 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 e, vendee, or contract purchaser and their successors in title.
<br />A,
<br />/Place Realty, Inc.,
<br />Andrew; W. Place, 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 Place Realty, Inc., Andrew W. Place,
<br />President and he acknowledged the execution of the foregoing Consent to exation as hir voluntary act and deed.
<br />a
<br />S my hand an o arial Seal this DU of Q �697, i✓J�'002.; LINDA L. D001-HART
<br />Notary Public, State of Indlana
<br />County of St Joseph
<br />W ig¢li� re)�— My COMMission Expires Apr. 30, 200E
<br />Prt. Joseph
<br />A resident of St. Joseph County, Indiana-'," -My-Conunission Expires:
<br />This instrument was prepared by Aladean DeRose, Assistant.City Attorney, 1400 County -City Building, South Bend,
<br />Indiana 46601.
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