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APPROVED
<br />Board of Public Works
<br />;
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<br />Hold Recorded copy for: Board of Public Works
<br />0i.4-1--5zs- 1
<br />RECORDED ON
<br />11/08/2004 02:55:00PE
<br />TERRI J. RETH,LAEE
<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 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, Indiana, in
<br />order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"),
<br />situated in St. Joseph County, Indiana:
<br />LEGAL DESCRIPTION:
<br />LEGAL DESCRIPTION:
<br />A part of the Northeast Quarter of the Southwest Quarter of Section 26, Township 38 North, Range 1 East, Warren Township, St.
<br />Joseph County, Indiana, being more particularly described as follows:
<br />Beginning at the center of said Section 26, being marked by an iron bolt, 0.2 feet below the surface, thence South along the East
<br />line of said Southwest Quarter, South 00 degrees 13 minutes 34 seconds West, a distance of 809.80 feet to the North right of way
<br />line of U.S. Highway 20 (Lincoln Trail), said corner lying North 00 degrees 13 minutes 34 seconds East, a distance of 1829.52
<br />feet from the South Quarter comer of said Section 26, being marked by a I-1/2" diameter bolt with center punch mark, 0.15 feet
<br />below pavement, found 0.12 feet West of said South Quarter corner; thence along said North right of way line, South 73 degrees
<br />23 minutes 38 seconds West, a distance of 664.65 feet to the Southeast corner of land described in deed Record Book 733, Page
<br />293, said point lying North 73 degrees 23 minutes 38 seconds East, a distance of 717.00 feet from the intersection of said North
<br />right of way line and the West line of the Northeast Quarter of the Southwest Quarter of said Section 26; thence North along the
<br />East line of said land, North 03 degrees 31 minutes 56 seconds West, a distance of 253.80 feet to the Northeast corner of said
<br />land; thence along the North lines of said land and land described in Instrument Number 9345091, parallel with said North right
<br />of way line, South 73 degrees 23 minutes 38 seconds West, a distance of 323.00 feet to the East line of land described in Deed
<br />Record Book 631, Page 261; thence North along the East line of said land, North 03 degrees 31 minutes 56 seconds West, a
<br />distance of 336.20 feet to the Northeast comer of said land; thence along the North lines of said land and land described in
<br />Instrument Number 7904906, South 89 degrees 06 minutes 32 seconds West, a distance of 217.30 feet to the Northeast comer of
<br />land described in Instrument Number 9127193; thence along the North line of said land, South 87 degrees 54 minutes 48 seconds
<br />West, a distance of 120.70 feet to the West line of the Northeast Quarter of the Southwest Quarter of said Section 26; thence
<br />North along said West line, North 00 degrees 16 minutes 44 seconds East, a distance of 534.40 feet to the North line of the
<br />Northeast Quarter of the Southwest Quarter of said Section 26; thence along said North line, South 88 degrees 58 minutes 59
<br />seconds East, a distance of 1321.37 feet to the point of beginning; said described tract containing 23.789 acres, more or less.
<br />Subject to any easements, covenants, restrictions, and right of way of record. Said parcel to be developed and subdivided and
<br />will be known as Inverness Woods Subdivision.
<br />Fairway, LLC
<br />Andrew W. Place, Partner
<br />1620 North Ironwood Drive
<br />South Bend, IN 46635
<br />WATER AND SEWER
<br />Mailing Address: Same
<br />Fairway LLC, Andrew W. Place, Partner, owner 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 now or
<br />hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate
<br />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 and/or
<br />water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to
<br />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
<br />authorized ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns
<br />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 Owner's
<br />obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of
<br />the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water
<br />and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published
<br />"Notice of St. Joseph County Certified Tax Rates."
<br />The delivery of any instrume f conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject
<br />o the terms of this document the acceptan of such instrument shalt constitute an acceptance of the foregoing provisions by
<br />s id gr cc, vendee, or 71tr,/L--
<br />achaser an heir s essors in title.
<br />irway LLC,Andrew W. Place, Partner
<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 Fairway LLC, Andrew W. Place, Partner, and
<br />he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />hand and No 'al . eal this Day of 7ahe,,f m92--2-Goc/
<br />(Writt ignalurc) Notary Public, State of Indiana
<br />(Printed) L ' a �x7_ County of St. Joseph
<br />My Commission Expires Apr. 30, 2008
<br />A resident of St. Joseph County, Indiana. My Commission Expires:
<br />This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
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