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<br />RECORDED ON
<br />04/26/2005 02:45:59PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $9.00
<br />PAGES: 1
<br />Hold Recorded copy for: Board of Public - r
<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 order to provide
<br />sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County,
<br />Indiana:
<br />LEGAL DESCROT ION -
<br />A parcel of land being a part of the Southwest Quarter of Section 26, Township 38 North, Range 1 East, Warren Township, St. Joseph County,
<br />Indiana, being more particularly described as follows:
<br />Beginning at the Northwest corner of the plat of West Pointe Estates, Section One recorded as instrument numbered 94 41263 in the office of the
<br />Recorder of St_ Joseph County, Indiana; thence for the next seven courses along the Westerly line of said plat of West Pointe Estates, Section One;
<br />the first course being South 00 37' 06" East, a distance of 227.92 feet; thence South 72 52' 29" East, a distance of 55.04 feet; thence South 17 07'
<br />3 1 " West, a distance of 172.00 feet; thence South 72 52' 29" East, a distance of 70.77 feet; thence South 17 07' 31" West, a distance of 168.00 feet;
<br />thence South 72 52' 29" East, a distance of 52.05 feet; thence South 17 0T31" West, a distance of 140.00 feet to the Southwest comer of Lot 49 in
<br />said West Pointe Estates, Section One; thence South 82 15' l 1" West, a distance of 159.94 feet; thence South 89 27' 09" West, a distance of
<br />180.00 feet; thence North 07 46' 58" East, a distance of 94.55 feet; thence North 05 14' 46" East, a distance of 347.00 feet; thence North 00 44'
<br />52" West, a distance of 140.00 feet; thence North 17 19' 56" East, a distance of 31.28 feet; thence North 00 44' 52" West, a distance of 149.96 feet
<br />to a point on the Centerline of US 20 (Lincoln Trail); thence North 89 27' 09" East, along said centerline, a distance of 339.42 feet to the place of
<br />beginning. Containing 6.03 acres, more or less, subject to any easements, covenants, restrictions, and right of way of record. Said parcel to be
<br />developed and subdivided and will be known as West Pointe Estates, Section 2.
<br />Portage Realty Corporation
<br />David L. Hunter, President
<br />129 Dixie Way North
<br />South Bend, IN 46637
<br />SEWER AND WATER
<br />Mailing Address: Same
<br />Portage Realty Corporation, David L. Hunter, President, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in
<br />title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to
<br />remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real 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 water) of the City of
<br />South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the
<br />permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the
<br />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 obligation to pay a
<br />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
<br />Rate" of taxes and the "Total City/fown Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set
<br />forth in the St. Joseph County Auditor's annually 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 subject to the terms of this
<br />document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract
<br />purchaser and their successors i title.
<br />APPROATD
<br />// Board of Public Works
<br />./Portage Realty Corporation,
<br />David L. Hunter, President AN 5 200
<br />STATE OF iNDL1NA )
<br />) SS: 44,1 A4-
<br />COUNTY OF ST. JOSEPH )
<br />Before me, a Notary Public in and for said County and State, personally appeared Portage Realty Corporation, David L. Hunter, President, and he
<br />acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />Witness my h and liot Seal this i� Day v` i SJY l IPe?—i�j
<br />j
<br />(Writ en 'ignature)
<br />nr�1 C
<br />Printed)
<br />A resident of St. Joseph County, Indiana. My Commission Expires: /r-D/ �t-P
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
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