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PPPPPV01(-1P-6-1-- 60-1
<br />RECORDED ON
<br />07/27/2004 02:
<br />3O:11PM
<br />ST, J
<br />j RETHLAKE
<br />OSEPH COUNTY
<br />RECORDER
<br />REC FEE: $5, 00
<br />PAGES: J
<br />Hold Recorded co fLBoard
<br />pYDWorks, 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 #02-2013-0257.03, Lot 4 - Graham's
<br />Rolling Pines Minor. East side of
<br />Ironwood Road, South of Auten Road.
<br />First Church of the Nazareen
<br />Vickey Thompson, Board Secretary
<br />51690 Ironwood Road
<br />South Bend, IN 46535
<br />WATER ONLY
<br />Mailing Address: Same
<br />First Church of the Nazarcen, Vickey Thompson, Board Secretary owner of the Real Estate, (hereinafter "Owner"),
<br />for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release
<br />any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose
<br />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 (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 />First Church of the Nazareen,
<br />Vickey Thompson, Board Secretary
<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 First Church of the Nazareen, Vickey
<br />Thompson, Board Secretary and she acknowledged the execution of the 7,,oing Consent to Annexation as her
<br />voluntary act and deed. /V'
<br />WITNESS my hand and Notarial Seal this q Da of (�2004
<br />M-T>.zOVED
<br />Board of Pttlilic �=ter;..:,
<br />(Written Signature
<br />(Printed •,'t---i ,ray'„� v^`'�/J/{�
<br />A sident of St. Joseph County, Indiana.
<br />My Commission Expires:
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 140U'Co.uri4y=pity Building, South Bend,
<br />Indiana 46601.
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