#2885- Deed; CONSENT TO ANNEXATION- SEWER ONLY Lot 17, Forst Park Subdivision,W side of St. Joe St,N of Johnson Rd

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lleldP6, �Zwa-�JCA- Hold Recorded copy for(; of Public Works RECORDED ON 08/15/2003 03:08:22PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9.00 PAGES: I CONSENT TO ANNEXATION, WAVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES In consideration forpermission to tap into the municipal utility system (water and/or sewer) of the city of South Bend, Indiana, in order to provide sanitarysewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key NO1-I060-1731 Lot 17, Forest Park I" Subdivision West side of St. Joseph Street North of Johnson Road Neil M. and Lynn L. Edison 60351 South St. Joseph Street South Bend, IN 46614 SEWER ONLY Mailing Address: Same Neil M. and Lynn L. Edison, owners of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the permanent right, at the CiWs discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall thin with the land. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges and accepts the Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates. Owners further acknowledges and accepts the requirement and obligation of Owner to pay a proportionate share of the cost of installing the sewer line across the remaining portion and width of Lot 1, Forest Park 1" Subdivision if the City extends the existing sewer. The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. Xupz��' V��de� Neil M. Edison STATE OF INDIANA t Vin L. Edis ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Neil M. and Lynn L. Edison, and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed. WITNESS my hand and Notarial Seal this Da of 0 f- OVED Board of Public Works (Wri n nature) Printed A resident of St. Joseph County, Indiana. My Commission Expires: a l— 1 —1--:� Z) w AUG 1 1 2003 i V l�r�'Q 1•R�q�'`�� This instrument was prepared by Aladean DeRose, Assistant City Attoi y„atLo County -City Building, South Bend, Indiana 46601. F:\DATA\SHARE\ENGINEER\WPDATA\CONSENTCOM 1.%ti7pd