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Hold Recorded ,U for: Board of Public rls
<br />-ZqD—;
<br />RECORDED ON
<br />03/16/2005 01:22:09PM
<br />TERRI J.
<br />ST. JOSEPHETHLAKE COUNTY
<br />RECORDER
<br />REC FEE: $9.00
<br />PAGES: 1
<br />CONSEANDTOCKNOWLEDGEM ACKNOWLEDGEMENT OF CITY REMONSTRATE
<br />CITY COMPACT F F RIGHT TO O S
<br />In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city of South Bend, Indiana,
<br />in order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real
<br />Estate"), situated in St. Joseph County, Indiana:
<br />Lc al Descri Lion: „ zR u,,,, Range 1E� Warren Township, St.
<br />A part of the Northeast Quarter of the Southwest Quarter of Section 26, Townshir .. _ ..,..:h, _.ang 1,
<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
<br />way line of US 20 (Lincoln Trail, said corner lying North 00 Degrees 13 Minutes 34 Seconds East, a distance of 1829.52 feet
<br />from the South Quarter corner of said Section 26, being marked by a 1-1/2" diameter bolt with center punch mart, 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 comer 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
<br />North right of way line and the West line of the Northeast Quarter of the Southwest Quarter of said Section 26; thence North
<br />along the east line of said land, North 03 Degrees 31 Minutes 56 Seconds West, a distance of 253.80 feet to the Northeast comer
<br />of said land; thence along the North lines of said land and land described in Instrument Number 9345091, parallel with said North
<br />right 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
<br />Deed Record Book 631, Page 261; thence North along the East line of said land, North 03 Degrees 31 Minutes 56 Seconds West,
<br />a 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 North east comer
<br />of land described in Instrument Number 9127193; thence along the North line of said land, South 87 Degrees 54 Minutes 48
<br />Seconds West, a distance of 120.70 feet to the West line of the Northeast Quarter of the Southwest Quarter of said Section 26;
<br />thence North along said West line, North 00 Degrees 16 Minutes 44 Seconds East, a distance of 534.40 feet to the North Line of
<br />the 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 of less.
<br />Subject to any easements, covenants, restriction, and right of way of record. Said parcel to become Inverness Woods Sub.
<br />Fairway L.L.C.,
<br />Andrew W. Place, Member
<br />--16-10 North ]ronn od Road, - - -
<br />South Bend, IN 46635,
<br />SEWER ONLY
<br />MnAing Addresc- Same
<br />Fairway L.L.C., Andrew W. Place, Member, owner of the Real Estate, (hereinafter "Owner"), for themselves and their
<br />successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may
<br />now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real
<br />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 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 nun with the land.
<br />Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges and accepts
<br />the Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer)
<br />is 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal
<br />utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually
<br />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 is
<br />subject to the terms of this doe le
<br />and the acceptance of such instrument shall constitute an acceptance of the foregoing
<br />ee, r contract purchaser and their successors in title.
<br />provisions by said grantee, vend
<br />i
<br />U �•; 1t 05
<br />Fairway L.L.C., Andrew W. Place, Member
<br />STATE OF INDIANA ) Q
<br />) SS:
<br />COUNTY OF ST. JOSEPH )
<br />Before me, a Notary Public in and for said County and State, personally appeared Fairway L.L.C., Andrew W
<br />and he acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed.
<br />WITNESS -my hand and Npta�a Seal this Da of 2004
<br />(Wr*de6 Si lure) LITA L D011THAnT
<br />Nntaly Public, State of Indiana
<br />printed) County of St, Joseph
<br />A resident of St. Joseph County, Indiana. �.'t f on'1'tigcjotl E;:1;Ims Apt•. 30, 2008
<br />My Commission Expires:D L>
<br />Place, Member
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana
<br />46601.
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