#2927- Deed; CONSENT TO ANNEXATION - SEWER AND WATER East side of Orange Road just South of Brick Road

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1Z445r+ RECORDED ON 09/14/2004 03:29:31PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9. 00 PAGES: 1 (Hold Recorded copy for: Board of Publi�Woks�� CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES 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 #04-1010-0176.13 Lot 7 Rolling Oaks Country Estates, Section 2. East side of Orange Road just Sgtttlf of Brick Road. SEWER AND WATER j)o2Tlf Eric G. and Barbara A. Atkins 51930 Orange Road Mailing Address: Same South Bend, IN 46628 Eric G. and Barbara A. Atkins, owners of the Real 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 shall 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 CigVTo%%,n Rate' 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 terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. Fric G. Atkins , 'aard Ot s Barbara A. Atkins 2004 STATE OF INDIANA ) SEp 13{ COUNTY OF ST. JOSEPH Before me, a Notary Public i ° o?Psai' c� n a&te, personally appeared Eric G. and Barbara A. Atkins, and he acknowledged the execution {{,, the form Conent•)fb•.nii�xation as his voluntary act and deed. WITNESS my hand and Notarial Seal this 0'ZTW Da f l 2004 o, ( Written Signature) a (Printed A resident of St. Joseph County, Indiana. My Commission Expires: This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\SHARE\ENGINEER\\VPDATA\CONSENTCOM I .wPd