#2944- Deed; CONSENT TO ANNEXATION - SEWER ONLY Lot 458 Gilmer Park Sub. N Side of Pulling Street W of Royal Oak Sub.

Home Browse Search

QI-FJ-7JG'J RECORDED ON 11/24/2004 10:08:22AH TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9.00 —`�- PAGES: 1 Hold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER AND ACKNOWLEDGMENT OFCITYC TIY COMPACT FEESGHT TO TRATE In consideration for permission to tap into the municipal utility system (water and/or sewer ofthe city hereinafter h Bend, property, Indiana, in order to provide sanitary sewer and/or water service to the following described to as the "Real Estate"), situated in St. Joseph County, Indiana: Key 401-1038-0973 Lot 458 Gilmer Park Subdivision. North side of Pulling Street West of Royual Oak Subdivision. 19507 Pulling Street Larry G. and Carol C. Eggers 19507 Pulling Street South Bend, IN 46614 SEWER ONLY Mailing Address: 19510 Dice Street South Bend, IN 46614 Larry G. and Carol C. Eggers, 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 shal I 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 ities (water and sewer) is set forth in het St both municipal Auditor'slannually published "Notice Oof%of such t Rae" and for e differential, which rates are 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 clntract purchaser and their successors in title. i Larry G. Eggers Carol C. Eggers STATE OF 1NDIANA ) ) SS: COUNTY OF ST. JOSEPH ) Before me, allotary Public in and for said County and State, personally appeared Brian J. and Larry G. and Carol C. Eggers and they acknowledged the execution of the foregoing Consent to Annexation as there voluntary act and deed. _ r �� V v uvr 12Y 2004. WITNESS my hand and Notarial Seal this Day of (Written Signature) %�_ /q /_ (Printed) V A resident of St. Joseph County, Indiana. Expires: A I. ROVED Board of Public was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\SHAREkENGINEER\WPDATAkCONSENTCOMIa.wpd