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RECORDED ON
<br />03/1.6/2005 03.:22:10P[q
<br />TERRI J. RETHLRKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE•
<br />-�--," -- -- FAA G L• S :
<br />I-Iold Recorded copy for: Board of Publi�Works�
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGMENT OF CITY COMPACT FEES
<br />$9.00
<br />In consideration for permission to tap into the municipal utility system (water and/or water) of the city of South Bend, Indiana, in
<br />order to provide sanitary sewer and/or water service to the following described properly, (hereinafter referred to as the "Real Estate"),
<br />situated in St. Joseph County, Indiana:
<br />LEGAL DESCRIPTION:
<br />A parcel of land being a part of the Southeast Quarter of Section 25 and part of the Northeast Quarter of Section 36, Township
<br />38 North, Range I East, Warren Township, St. Joseph County, Indiana, and described as follows:
<br />Commencing at the Northwest comer of the Southeast Ouarter of Section 25: thence South 00 07' 28" West along the West line
<br />of said Southeast Quarter, a distance of 316.50 feet to a point on the centerline of Lincolnway West (US 20); thence South 61
<br />27' 46" East along said centerline a distance of 561.53 feet to the point of beginning; thence continuing South 61 27' 46" East
<br />along said centerline a distance of 377.85 feet to the Northwest comer of Delanghe's First Replat as shown in the Office of the
<br />Recorder of St. Joseph County, Indiana as Instrument Number 9625951; thence for the next two courses along the West line of
<br />said plat, the first being South 00 07' 28" West, a distance of 1886.01 feet to a point on the South line of said Southeast Quarter
<br />of Section 25 also being on the North line of the Northeast Quarter of Section 36; thence continuing South 00 07' 28" West, a
<br />distance of 330.01 feet to the Southwest corner of said plat; thence North 89 22' 05" West, a distance of 461.53 feet; thence
<br />North 00 07' 28" East, a distance of 330.01 feet to a point on said North line of the Northeast Quarter of Section 36; thence
<br />continuing North 00 07'28" East, a distance of 484.42 feet; thence South 89 33' 39" East, a distance of 129.18 feet; thence
<br />North 00 07' 28" East, a distance of 1578.00 feet to the point of beginning. Containing 20.00 acres, more or less. Said parcel to
<br />be known as Terre Verde Hills Subdivision.
<br />Portage Realty Corporation
<br />David L. Hunter, President
<br />129 Dixie Way North
<br />South Bend, IN 46637
<br />SEWER AND WATER
<br />Address: Same
<br />Portage Realty Corporation, David L. Hunter, President, owner of the Real Estate, (hereinafter "Owner"), for
<br />themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all
<br />right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future
<br />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
<br />water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to
<br />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
<br />authorized ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns
<br />shall contain the waiver and release provisions contained herein, which provisions shall run with the land.
<br />Purxaant to Chapter ; 7, Article 10, Section i 7-36 of the South Bend Municipal Code, 0-r,T..^.r f irthcr ac1rMo.vlcdgcs Owner's
<br />obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of
<br />the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water
<br />and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published
<br />"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
<br />subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing
<br />provisions by said grantee, vendee, or contract purchaser and their successors in title.
<br />�G
<br />Portage Realty Corporation,
<br />David L. Hunter, President
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH )
<br />1
<br />Before me, a Notary Public in and for said County and State, personally appeared 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 hand and Notarial Scat this 9_'A, , Day of _F�&LLaY\ 8 1 2005
<br />— i6a��
<br />(Writt ature)
<br />Printed If
<br />Notary is a resident of St. Joseph County, IN aA n4
<br />My Commission Expires:
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
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