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RECORDED ON
<br />05/25/2004 01:13:12PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REG FEE: $9. 00
<br />PAGES: 1
<br />C 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 cityof 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 1101-1038-0980, Lot 459 Gillmer Park
<br />Subdivision. South side of Pulling
<br />Street at West side of Royal Oak
<br />Property Address 19502 Pulling Street
<br />Homeworks Investments, Inc.
<br />Larry M. Lernke, President
<br />2913 Mishawaka Avenue
<br />South Bend, IN 46615
<br />SEWER AND WATER
<br />Mailing Address: Same
<br />Homeworks Investments, Inc., Larry M. Lemke, 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 die 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 />Tom works Investments, Inc.,
<br />Larry M. Lemke, President
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH )
<br />APPROVED
<br />Board of Public Works
<br />j J
<br />Before me, a Notary Public in and for said County and State, personally appeared Homeworks Investments, Inc., Larry
<br />M. Lemke, President and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary
<br />act and deed.
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<br />WITNESS :ruy hand and Notarial Seal this Day of
<br />� 1 _ 2004-
<br />(Printed
<br />resident of St. Joseph County, Indiana.
<br />My Commission Expires: /{
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend,
<br />Indiana 46601.
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