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V1,3E5 1 5—:::)0 <br />RECORDED ON <br />ST. JOSEPHFTHLAKE COLINTY <br />RECORDER <br />REC FEE: $9.00 <br />PAGES: I <br />Hold Recorded copy f : B=Public <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 utility system (water and/or sewer) of the city of South L3end, <br />hndiana, 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 />Key #01-1060-1726 <br />Lots 12 and 13, Forest Park I" Sub <br />West side of St. Joseph Street South <br />South of Jewell Avenue <br />Louis A. and Arlene J. Molnar <br />60243 St. Joseph Street South <br />South Bend, IN 46614 <br />SEWER ONLY <br />Mailing Address: Same <br />Louis A. and Arlene J. Molnar, owners of the Real Estate, (hereinafter "Owner"), for themselves and their successors <br />in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may <br />now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation <br />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 and <br />accepts the Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility <br />(water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and <br />for 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 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 grantee, vendee, or contract purchaser and their successors in title. <br />Louis A. Molnar Arlene J. M ar <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 Louis A. and Arlene J. Molnar, and <br />they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed. <br />WITNESS my hand and Notarial Seal thisS + Day of -07a lV 2003 <br />APPROVED <br />(Written Signature) <br />Board of Public Works <br />C' �IGMAWSH 11 <br />(Printed AUG Z003 <br />A resident of St. Joseph County, Indiana. f <br />o <br />h�I;',�*:::;;�.-•_:. CfiAIG MAiiSl', Notary 1'uilfic <br />° sident of St —Joseph County, Indiana <br />n+mission Es: ices Oac, r 2 1 <br />My Co <br />This instru C�`Iy�aJ'e�; �Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 46601. " ` f.� 0 <br />'-7 F:\DATMSHAREM:NGINECR\WPDATA\CONSGNTCOMI.wpd <br />