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A.PPR01'"ED
<br />B=rd of
<br />RECORDED ON
<br />y
<br />Hold Recorded copy for: Board of Public Works
<br />01-28-2003 10:17:00
<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 util ity system (water and/or sewer) of the city of South Bend, Indiana, in
<br />orderto provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"),
<br />situated in St. Joseph County, Indiana:
<br />LEGAL DESCRIPTION;
<br />A part of the South Half of the Northeast Quarter of Section 18, Township 38 North, Range 3 East in Clay Township, St. Joseph
<br />County, Indiana, being more particularly described as follows:
<br />Commencing at a Harrison Monument, buried 0.1 feet marking the Northeast corner of said Section, also being State Plane
<br />Coordinate Station Monument Number 686, record of the County Surveyor of said County; thence South 0 degrees 18 minutes
<br />32 seconds East along the East line of said Northeast Quarter, a distance of 1323.37 feet to the Northeast corner of said South
<br />Half and the point of beginning; thence continuing South along said line, a distance of 680.10 feet to a point North 0 degrees 18
<br />minutes 32 seconds West, a distance of 643.27 feet from an iron rod found at the Southeast comer of the Northeast Quarter of
<br />said Section 18; thence South 89 degrees 33 minutes 52 seconds West, a distance of 240.00 feet; thence North 80 degrees 17
<br />minutes 36 seconds West, a distance of 125.69 feet; thence North 56 degrees 43 minutes 23 seconds West, a distance of 133.56
<br />feet; thence North 34 degrees 10 minutes 16 seconds West, a distance of 136.28 feet; thence North 20 degrees 30 minutes 40
<br />seconds West, a distance of 67.35 feet; thence South 78 degrees 15 minutes 47 seconds West, a distance of 127.94 feet; thence
<br />South 85 degrees 14 minutes 16 seconds West, a distance of 40.15 feet; thence South 81 degrees 52 minutes 18 seconds West, a
<br />distance of 133.01 feet; thence North 1 degree 56 minutes 15 seconds West, a distance of 18.01 feet; thence South 89 degrees 33
<br />minutes 39 seconds West, a distance of 172.62 feet; thence North 0 degrees 26 minutes 21 seconds West, a distance of 115.00
<br />feet; thence South 89 degrees 33 minutes 39 seconds West, a distance of 354.00 feet; thence South 0 degrees 26 minutes 21
<br />seconds East, a distance of 7.50 feet; thence South 89 degrees 33 minutes 39 seconds West, a distance of 525.61 feet to the point
<br />of curvature of a non -tangent curve, concave to the East, having a radius of 200.00 feet, a central angle of 5 degrees 56 minutes
<br />56 seconds, and a chord of 20.76 feet bearing North 6 degrees 07 minutes 08 seconds East; thence Northeast along said curve, a
<br />distance of 20.77 feet; thence South 89 degrees 33 minutes 39 seconds West, a distance of 208.99 feet; thence North 0 degrees
<br />26 minutes 21 seconds West, a distance of 300.77 feet to the North line of said South Half of the Northeast Quarter of Section
<br />18; thence North 89 degrees 23 minutes 39 seconds East along said North line, a distance of 2131.78 feet to the point of
<br />beginning; said described tract containing 20.930 acres, more or less. Subject to any covenants, casements, restrictions and right
<br />of way of record. Said subdivision to be known as Farmington Hills, Section I.
<br />Kendall Weiss, L.L,P. WATER AND SEWER
<br />828 E. Jefferson Boulevard
<br />South Bend, IN 46617 Mailing Address: Same
<br />Kendall Weiss, L.L.P., owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and
<br />personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to
<br />remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of
<br />South Bend.
<br />In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or
<br />water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to
<br />vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly
<br />authorized ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns
<br />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 Owner's
<br />obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of
<br />the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water
<br />and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published
<br />"Notice of St. Joseph County Certified Tax Rates."
<br />The del iv y of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject
<br />to the to s f t is document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by
<br />said ' ee, ea, or contr t purchaser and their successors in title.
<br />Kend• ' 'ss, L.L.P.
<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 Kendall Weiss, L.L.P., and he acknowledged
<br />the execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />Witneso�w d and Notarial Seal this Day of Ae9° d2i�ti 2002
<br />[ 114 ry W, ,nature)
<br />Indip
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<br />A tW&�W.%ioscph County, Indiana. My Commission Expires:
<br />This instrument was prepared by Aladean DcRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
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