#2925- Deed; ANNEXATION - SEWER AND WATER West Side of US 31 South 700' More or Less, South of Kern Road

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RECORDED Ohl 06/2'/2004 03:03:40f,N TERRI J. RETHI_AYE ST. JOSEVIFl COWITY RECORDER REC FEE: ` 9. 00 PAGES: I 6;ccRorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES 117 In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city of South Bend, Indiana, in order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key #01-1051-1360.01, West side of US 31 South, 700' more or less, South of Kern Road. WER AND WATER Gregory Alan Elliott and Paula DeAnne Elliott 61191 US 31 South Mailing Address:'S=.. Z 1 q7el QPO South Bend, IN 46614 �0�; l ► ENQ W 44c /4 Gregory AIan Elliott and Paula DeAnne Elliott, owners of the heal Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shalt contain the waiver and release provisions contained herein, which provisions shall run with the land. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges and accepts the Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates. The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the ment and the acceptance of such instrument shall constitute an acceptance of the foregoin visions y said grant dee, or contract purchaser and their successors in title. f r o rks 5 Gregory Alan Elliott Paula DeAnne E1'okif0eS. C 00-2000 STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) P 2004 APPROVED Before me, a Notary Public in and for said County and State, personally appeared Gregory Alan Elliott and Paula DeAnne Elliott and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed. rid WITNESS my hand and Notarial Seal this Da v of 2004 1,PPRO Board of Pul3lic ' 01� 1_� C 414 (Writ S' ature) = 4j•,.•.""' 2004 (Printed A resident of St. Joseph County, Ind'A. r - 7. My Commission Expires: This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, F:\DATA\Si-TARE\P-NGINEER\WPDATA\CONSENTCOM 1.wpd