|
�-7,
<br />t04 1 E,44a
<br />RECORDED ON
<br />04/13/2004 09:24:23AE
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />Hold Recorded copy for: Board of Public Works REC FEE: S9.00
<br />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 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 />APPROVED
<br />Board of Public Worfs
<br />Key #02-1 100-4952 - Lot 39, Roanoke Heights
<br />South side of Darden Road : ki'R2 ? 205
<br />Just West of Lily Road
<br />Jonathan M. and Nora K. Bramlett SEWER ONLY
<br />19572 Darden Road Mailing Address: Same --
<br />South Bend, IN 46637
<br />Jonathan M. and Nora K. Bramlett, owners of the Real Estate, (hereinafter "Owner"), for themselves and their
<br />successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which
<br />they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future
<br />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 />wt,
<br />:Jonathan M. Bramlett
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH )
<br />Nora K. Bramlett
<br />4LICZ��,
<br />Before me, a Notary Public in and for said County and State, personally appeared Jonathan M. and Nora K. Bramlett,
<br />and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this 4J' Day of / Ja,J ,- 2004
<br />t(W�riRtti4in Sign7e,
<br />x 'ram Printed
<br />resident of St. Joseph County, Indiana.
<br />This insl"runtent was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
<br />Indiana 46601.
<br />F:\DATA\S[-iARE\CNGINEER\WPDATA\CONSENTCOM I .%vpd
<br />
|