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Hold Recorded cop�ror Board of P,orks
<br />RECORDED ON
<br />06/15/2004 09:0E:16AM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $9.00
<br />PAGES: 1
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGMENT OF CITY COMPACT FEES
<br />In consideration for pennission to tap into the municipal utility system (water and/or water) 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 />LEGAL DESCRIPTION:
<br />A part of the Southeast Quarter of 17, Township 38 North, Ra_nge.2 East, German Township, St. Joseph County,
<br />Indiana and being more particularly described as follows:
<br />Commencing at the Northwest comer of the Southeast Quarter of Section 17; thence South 00 00' 00'' East along the
<br />West line of said Southeast Quarter, a distance of 165.00 feet to the point of beginning; thence South 89 32' 47"
<br />East, a distance of 1301.87 feet to a point on the East line of the West Half of said Southeast Quarter, thence South
<br />00 01' 46" East along said East line, a distance of 500.02 feet; thence North 89 33' 27" West, a distance of 1302.12
<br />feet to a point on said West line of the Southeast Quarter; thence North 00 00' 00" West along said West line, a
<br />distance of 500.27 feet to the point of beginning" Containing 14.95 acres, more or less. Said parcel to be subdivided
<br />and named the Willows at Mayflower.
<br />SEWER AND WATER
<br />Bayman & Rusk Builders, Inc. Mailing Address: Same
<br />Mason L. Rusk, Secretary/Treasurer
<br />51245 Lilac Road
<br />South Bend, IN 46628
<br />Bayman & Rusk Builders, Inc., Mason L. Rusk, Secretary/Treasurer, owner of the Real Estate, (hereinafter
<br />"Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably
<br />waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise
<br />interfere with, or oppose any 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
<br />(sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and
<br />stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real
<br />Estate at any future time by duly authorized ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their
<br />successors or assigns shall contain the waiver and release provisions contaiucd herein, which provisions shall run
<br />with the land.
<br />Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges
<br />Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water
<br />or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for
<br />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
<br />purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute an
<br />acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title.
<br />APPROVED
<br />Board of Public Works
<br />- C/1
<br />Ma;n L. R*k,.9ect tary/Treasurer
<br />?I3ayinan &•r'tusculders, Inc.
<br />JA
<br />STATE -OF INDIANA ) -
<br />SS:
<br />COUNTY OF ST. JOSEPH )
<br />Before me, a Notary Public in and for said County and State, personally appeared Bayman & Rusk Builders, Inc.,
<br />Mason L. Rusk, Secretary/Treasurer, and he acknowledged the execution of the foregoing Consent to Annexation. as
<br />his voluntary act and deed.
<br />it Seal this vay of ✓ 2004
<br />A resident
<br />Josepla County, Indiana.
<br />$E.. I ySSTEWARD
<br />NOTARY PUBLIC STATE OF INIDIANA
<br />ST. JOSEPH COTJN 'Y
<br />ItiIYCOMMISSION F" J,0C_ 9,2007
<br />My Commission Expires:'
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South
<br />Bend, IN 46601.
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