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<br />033el�___1
<br />RECORDED ON
<br />06/13/2003 03:29:09PM
<br />TERRI J. REMAKE
<br />ST. JOSE�H COUNTYRECORRECORDER
<br />v REC FEE: S9.00
<br />Hold Recorded copy for: Board of Public Works PAGES: I
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGMENT OF CITY COMPACT FEES
<br />In consideration for pernussion 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 parcel of land being a part of the Northwest Quarter of Section 6, Township 37 North, Range 2 East, Portage
<br />Township, St. Joseph County, Indiana which is described as follows:
<br />Commencing at the Northwest corner of said NorthwestQuarter; thence South 00 00' 00" East along the West line of
<br />said Northwest Quarter, a distance of 283.00 feet to the place of beginning; thence South 89 18' 13" West, a distance
<br />of 655.74 feet; thence South 0 06" 13" West, a distance of 1470.01 feet to the North right of way line of Chicago,
<br />South Shore and South Bend Railroad; thence North 79 39' 31" West along said North right of way line, a distance
<br />of 663.82 feet to the West line of said Northwest Quarter; thence North 0 00' 00" East along the West line of said
<br />Northwest Quarter, a distance of 1358,82 feet to the place of beginning. Containing 21.25 acres, more or less. Land
<br />to be used as a soccer stadium and related development.
<br />Mario Manta SEWER ONLY
<br />50929 Mulholland Drive
<br />South Bend, IN 46628 Mailing Address: Same
<br />Mario Manta, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns,
<br />and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter
<br />have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real
<br />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
<br />(sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and
<br />stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real
<br />Estate at any future time by duly authorized ordinance.
<br />Owner fimther agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their
<br />successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run
<br />with the Iand.
<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
<br />or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for
<br />both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph
<br />County 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
<br />purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute an
<br />acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title.
<br />Mario Janta
<br />STATE OF INDIANA )
<br />) SS
<br />COUNTY OF ST. JOSEPH )
<br />APPROMED
<br />Board of Public Works
<br />JUG! 0 9 2003
<br />Before me, a Notary Public in and for said County and State, personally appeared Mario Manta and h- �' w►l.�.
<br />acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.•
<br />WIT ESS my hand and Notarial Seal this Da of 2003��'
<br />(W t Si nature}
<br />(Printed;
<br />A resident of St. Joseph County, Indiana. My Commission Expires:
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South
<br />Bend, IN 46601,
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