|
RECORDED ON
<br />01/27/2004 08:57:21AM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REG FEE: $9.00
<br />PAGES: 1
<br />Hold Recorded copy for: Board of Public Works
<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 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 />Key #02-2074-3440
<br />Lot 165, Maple Lane Sub
<br />Northwest corner of Maple
<br />Lane and Hepler Street
<br />Homeworks Investments, Inc
<br />Larry M. Lemke, Pres.
<br />54449 Maple Lane
<br />South Bend, IN 46635
<br />WATER ONLY
<br />Mailing Address: 19700 Osborne Road
<br />Lakeville, IN 46536
<br />Homeworks Investments, Inc., Larry M. Lemkc, Pres., owner of the Real Estate, (hereinafter "Owner"), for themselves
<br />and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right
<br />which they may now, or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or
<br />future annexation 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 />•4; a 5 a a �CL��a
<br />Ubcadr
<br />'F"46"i- Works
<br />Homeworks Investment, Inc.
<br />Larry M. Lemke, Pres. AN 2 0 2004
<br />STATE OF INDIANA )
<br />)SS:
<br />COUNTY OF ST. JOSEPH
<br />Before me, a Notary Public in and for said Count and State, er'sorill :efa�rfvUo m�works Investments, Inc., LaM. Lemke, Pres. and he acknowledged the execution of the oregoing Cosent to Annexation as his voluntary act and
<br />deed.
<br />hand and Notarial Seal this L Day of . r .U. 2004.
<br />,/ (Written Signature)
<br />�5 -t-A LL e-&AJ Iq . ) ' '
<br />(Printed
<br />A resident of St. Joseph County, Indiana.
<br />My Commission Expires: �.�cQ ,V_ /)06
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
<br />Indiana 46601.
<br />F:\DATA\SI-IAIZ \ENGINEER\WI'DA-rA\CONSENI'COMIa.wpd
<br />
|