#2953- Deed; CONSENT TO ANNEXATION - WATER ONLY Lot 6 in Ranch Acres Sub. South Side of Cleveland Road just East of Juniper Road

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el tH; 27 KZ) J 4 1 ,XEE:S9. H RECORDED ON : LAKE : 2111 01/06/2005 09:00:18AN TERRI J. RETHLAxE LAKE HTY ST. JOSEPH COUNTY RECORDER rr — -- - .REC FEE: S10.00 Hold Recorded copy for: Board of Public W�i�cs'ES : 1 i CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES In consideration for pennission 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 402-1020-0427.14 Lot 6 in RAPc-ll Acres Subdivision. South side of Cleveland Road just East of Juniper Road. Gilbert J. Coty III 18920 Cleveland Road South Bend, IN 46637 WATER ONLY Mailing Address: 1232 Huff Avenue Niles, MI 49120 Gilbert J. Coty 111, 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 d liuvIry of any instru "ent of conveyance from the Owner to any successor, grantee, vendee or contract irchagerAs st�bjeg'I to the erms of this document and the acceptance of such instrument shall constitute an ;cepin; a of he orego g provisions by said grantee, vendee, or contract purchaser and their successors in title. Eil'.EROVEE, Gil rtJ. votyIII lei STATE OF INDIANA SS: G� COUNTY OF ST. JOSEPH Before me, a Notary Public in and for said County and State, personally appeared Gilbert J. Coty III and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary aq and deed. WITNESS my hand and Notarial Seal this �l Day of G4 v2004. �-Q Vl f').1� L , CP N lJ� (Written Signature) Printed A re ident 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:IDATAISI-IARE\CNGINEER\WPDATAICONSENTCOM Ia.wpd