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<br />RECORDED ON
<br />03:06:22PM
<br />ST. JJJOSEPHECOUNly
<br />RECORDER
<br />REC FEE: $9. 00
<br />Hold Recorded copy for: oard of Public Works PAGES: 1
<br />CONS RATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGMENT OF CITY COMPACT FEES
<br />In consideration for permission to tap into the municipal utility system (water and/or water) of the city of Sout]l 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 nat'ecl orland bcnaS u pure or tlzc Wcst'.alf oC the A°orth+•rest Quartcr cC Sectior= 24, Township .9 North, Rang(.- 7
<br />East, Clay Township, St. Joseph County, Indiana which is described as follows:
<br />Part of Lots 41 and 42, Oak Forest Dixie Way Subdivision an unrecorded subdivision commonly known as 52275
<br />SR 933 with Tax Key number of 02-1093-4475 and described as follows; Lots 41 and 42 of said subdivision,
<br />excluding the East 190 feet and including a driveway 25 feet wide by 422.62 feet long being a part of Lot 35 of said
<br />subdivision. Said land all lying on the East side of said SR 933 in St. Joseph County, Indiana.
<br />SEWER ONLY
<br />Four Fain Corp Mailing Address:
<br />51943 Whitestable Lane JMS Plastics, Inc.
<br />South Bend, IN 46637 52575 SR 933 PMB 303
<br />David M. Martinez, President/CEO South Bend, IN 46637
<br />David M. Martinez, President/CEO, Four Fain Corp, owner of the Real Estate, (hereinafter "Owner" ), for
<br />themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release
<br />any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose
<br />any pending or future annexation of the Real Estate by the City of South Bend.
<br />In fiurther 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 tune by duly authorized ordinance.
<br />Owner further 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 lard.
<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 />APPROVED
<br />Board of Public Works
<br />David M. Martinez, President/CEO
<br />Four Fain Corp AUG 11 Z003
<br />& "d
<br />STATE OF INDIANA )
<br />2f , Z SS:_
<br />COUNTY OF ST. JOSEPH ) �'
<br />Before me, a Notary Public in and for said County and State, personally appeared David M. Martinez,
<br />President/CEO, Four Fain Corp, and he acknowledged the execution of the foregoing Consent to Annexation as his
<br />voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this _24fih Day of �I_.(t i 2003(WritW-
<br />L `g! Lure) tC l 1
<br />(Printed C�
<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.
<br />r-:\DATA\SI IARE\ENGINrER\W PDATA\CONSENTCON12.wpd
<br />SARAH .1. SOHNSTON, Notary Public
<br />A Resident of St. Joseph County1N
<br />Nay commission Expires &12-2008
<br />
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