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040 1 4'JC3
<br />RECORDED ON
<br />01/12/2004 03:44:03PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $9,00
<br />Hold Recce rdP oard of Public Works PAGES: 1
<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 sanitarysewer 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 #04-1009-0147.24
<br />Lot 3, Regina Major Subdivision
<br />West side of Mayflower Road South of Adams Road
<br />Bayman & Rusk, Corp. WATER ONLY
<br />Mason L. Rusk, Vice President
<br />Property Address: Mailing Address: 51245 Lilac Road
<br />51070 Mayflower Road South Bend, IN 46628
<br />South Bend, IN 46628
<br />Bayman & Rusk, Corp.,Mason L. Rusk, Vice President, owner of the Real Estate, (hereinafter "Owner"), for
<br />themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any
<br />and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any
<br />pending or 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 andtheirsuccessors i title.
<br />WARM-N M��
<br />Bayman & Rusk, Corp.
<br />Mason L. Rusk, Vice President
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH )
<br />Board of P'.lb",ic Works
<br />h '.� .. LP
<br />tJll� 12 70904
<br />a
<br />Before me, a Notary Public in and for said County and State, personally appeared Bayman & Rusk, Cotp.,Mason L.
<br />Rusk, Vice President, and lie acknowledged the execution of the foregoing Consent to Annexation as her voluntary act
<br />and deed.
<br />WITNESS my hand and Notarial Seal this 31 S` Day of G— � . 200�L
<br />'1 •_ , CL I -.4
<br />(Written Signature)
<br />M a ivies ^ Q eleoS,a-
<br />(Printed
<br />A resident of St. Joseph County, Indiana
<br />My Commission Expires: 3- Z -5- —
<br />NIARDA A t7nROSA
<br />NOTARY PUBLIC STATE OF IN
<br />Sr. JOSEPH COUNTY
<br />W!Y COMMISSION EXP MAR.
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
<br />Indiana 46601.
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