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<br />RECORDED ON
<br />04/27/2004 01:48:42PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEP'H COUNTY
<br />RECORDER
<br />REC FEE: 59.00
<br />of Recorded copy for: Board 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 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 #02-1020-0442.10 Lot I, Thompson Minor
<br />Subdivision. West side of Nadine
<br />Street South of Cleveland Road
<br />Dan A. & Karen J. Kagarise
<br />53125 Nadine Street
<br />South Bend, IN 46637
<br />SEWER ogay AA1,6 OJ�!-
<br />Mailing Address: 1540 Arcadia Avenue
<br />South Bend, IN 46635
<br />Dan A. & Karen J. Kagarise, 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 nun with the land.
<br />Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipai Code, Owner further acknowiedges 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 />fore oing provisions by aid grantee, vendee, or contract purchaser and their successors in title.
<br />1
<br />Dan A. Kagarise Karen J. Kagari
<br />STATE OF INDIANA ) .;,. •I`,••`, . .
<br />COUNTY ) SS: °�_� •' : ; ;! ;
<br />OF ST. JOSEPH )`
<br />Before me, a Notary Public in and for said County and State, personally appeared Dan A. & I�a�sB°t� 1•,,i]'�a�$i'sp.an,�:
<br />they acknowledged the execution of the foregoing Consent to Annexation s their voluntary act arttl"'e� 1 tilt;°<,•
<br />WITNESS my hand ayr� Notarial Seal this Da of _T •/;�p�� `
<br />(f1rinted)
<br />A resident of SStt A o�n�y "1 tdi na.
<br />Public
<br />A Resident of St. Joseph County, IN
<br />My Camtrsigsion Exi&oQL f-- Wv. 7, 2M8
<br />My Comrnission Expires:
<br />APR ? 6 2004
<br />This instrument was prepared by Aladean DeRose, Assistant City AttorneA,-U1PMcE jy-City Building, SouthBend,
<br />Indiana 46601. 1-:\nATA1SHAREkE-NcINEERrWPDATA\KONf4C)PIt�3', P Worl:'
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