#2943- Deed; CONSENT TO ANNEXATION - SEWER ONLY NE Corner of Vaness St and Willis Ave - Zolman Tire Store

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_` — W 2l4E;-7ts�E, RECORDED ON 11/24/2004 10:08:23AN TERRT J. RETHLAKE ST. .JOSEPH COUNTY RECORDER REC FEE: $9.00 PAGES: 1 �HoldRecorded copy fbrr:Bo�ardofPublic Works CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT 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 orderto provide sanitary sewer and/orwater service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key ##02-1106-5391.01 Northeast corner of Vaness Street and Willis Avenue - Zolman Tire Store. Lots 42, 43 and 44 Vaness Plat Dale Lowery 18255 Vaness Street South Bend, IN 46637 SEWER ONLY Mailing Address: 50942 SR 933 North South Bend, IN 46637 Dale Lowery, owner 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 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 terms of this document and the acceptance of such instrument shall constitute an accept . ce of the foregoing provisions by said grantee, vqqdqe1MVqRgact purchaser and their successors in title. Board of Public V/or):s Dale Lowery STATE OF INDIANA COUNTY OF ST. JOSEPH - Before me, a Notary Public in and for said County and State, personally appeared Dale Lowery and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Notarial Seal this I of rh Day of ni 0VCm Or;- 2004. (Writter{S "m ure) Printed A resident of St. Joseph County, Indiana. My Commission Expires: to ILL I LL r'. Ras3 kd'''raft of S1 J:.z sl,::: c','oun? , IN I r:'y Cc This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:MATAISHARE\ENGINr- ;RIWPDATAICONSENTCOM I a.rvpd