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<br />RECORDED ON
<br />APR 1 T05 02/28/2005 03:00:08PH
<br />/ TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />�•__ RECORDER
<br />REC FEE: $9. 00
<br />Hold Recorded copy for: Board of Public Works PAGES: 1
<br />ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGMENT OF CITY COMPACT FEES
<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 property, (hereinafter referred to as the "Real Estate"),
<br />situated in St. Joseph County, Indiana:
<br />LEGAL DESCRIPTION• LEGAL DESCRIPTION:
<br />T�?�t r�r! nrihr cpr,,hc?sr �t,?rt�r of fiP,tiOn 3l, Tnwn¢hin 3R Nnr1h, Range 3 Fart Clay. Township, St. Joseph Countv. Indiana_
<br />and described as follows:
<br />Lots 17 through 21, the North 119.6 feet of Lot 28 and all of Lots 29 through32 of the Vaness Plat as recorded in Plat Book
<br />Number 11, Page Number 13 in the St. Joseph County Recorder's On -
<br />Number
<br />ice. ard parcel to be known as Irish Crossings
<br />Irish Crossing;Dcvelopment, LLC
<br />Daniel A. Foley, Member
<br />P.O. Box 429
<br />Notre Dame, IN 46556-0429
<br />SEWER AND WATER
<br />Mailing Address: Same
<br />Irish Crossing,Development, LLC Daniel A. Foley, Member, owner of the Real Estate, (hereinafter "Owner"), for themselves
<br />and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which
<br />they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of
<br />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 />Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges 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 />iNotice of St. Joseph County C:enified 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 ilia terns 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 />i• t`/j/
<br />Irish Crossin�Developm, ty'LLC
<br />Daniel A. Foley, Member✓ FES
<br />STATE OF INDIANA )
<br />COUNTY OF ST. JOSEPH ) SS:
<br />Before me, a Notary Public in and for said County and State, personally appeared Irish CrossingDevclopment, LLC, Daniel A.
<br />Foley, Member, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this � / Sd Day of � �'- �--/ 2005
<br />(Written Signaatre)
<br />m i-in _l A ; ti C, -73,
<br />Tinted
<br />A resident of St. Joseph County, Indiana.
<br />:d�M""•.
<br />'
<br />MARYANNBOUI.AC
<br />=
<br />ST. JOSEPH COUNTY
<br />S&AL ..;=
<br />My Commission Expires
<br />February 17, 2009
<br />My Commission Expires: aL,.. /7 aC'o,�
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
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