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RECORDED on
<br />0f1/J0/POBJ 03a11:�9A17
<br />TERRI J RETHLAKC
<br />ST. JOSORDEREPH COUhiTY
<br />REC
<br />REC FEE:
<br />�,0E1
<br />PAGE,: 1
<br />orded copy For: Board of Public Works
<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
<br />Bend, Indiana, in order to provide sanitary sewer and/or water service to the following described property,
<br />(hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana:
<br />Key #02-1061-2656 Lot 1 Helmick's
<br />Addition — Southwest corner of Darden
<br />Road and Hollyhock Road
<br />Curtis D. and Janice M. Kendall
<br />19270 Darden Road
<br />South Bend, IN 46637
<br />WATER ONLY
<br />Mailing Address: Same
<br />Curtis D. and Janice M. Kendall, owners 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
<br />which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or
<br />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
<br />(sewer and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and
<br />stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the
<br />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
<br />successors or assigns shaii contain the waiver and release provisions contained herein, which provisions shall run
<br />with the land.
<br />Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges
<br />and accepts the Owner's obligation to pay a compact fee annually to the City of South Bend which for one
<br />municipal utility (water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total
<br />City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are
<br />set 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
<br />purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute an
<br />acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title.
<br />Curtis D. Kendall
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH )
<br />111TROVED
<br />Ja ice M. Kendall Boarca s,f Iai,Ialic TVI)r ,
<br />Before me, a Notary Public in and for said County and State, personally
<br />and they acknowledged the execution of the foregoing Consent to Anne
<br />WITNESS my hand ar)d Notarial Seal this �CP'11� Day of
<br />(W en Signature) - -
<br />r 60r& 0 . Pa44_S9 r)
<br />(Printed)
<br />A resident of St. Joseph County, Indiana.
<br />BUG 0 �2Q
<br />)eared Curtis D. and Janice M. Kendall
<br />on as their voluntary act and deed.
<br />••`�y:,.�,".•.i�•"�,' ����'-,;:-yyam�
<br />My Commission Expires:
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South
<br />Bend, Indiana 46601.
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