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IDEE,34c38QJ
<br />RECORDED AS PRESENTED ON
<br />08/14/2006 02:56:07PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $12.00
<br />PAGES: 1
<br />Hold Recorded copy f(:B:oard of Public Wor s
<br />CO TO 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 sewer) 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
<br />Estate"), situated in St. Joseph County, Indiana:
<br />Key #002-1022-049605, Lot 1 Mahoney's 2"4
<br />Minor — West side of Ironwood Road,
<br />South of Douglas Road.
<br />BBM, LLC
<br />Daniel A. Berry, Member
<br />54101 N Ironwood Road
<br />South Bend, IN 46637
<br />WATER ONLY
<br />Mailing Address:
<br />229 Red Coach Drive, Suite 103
<br />Mishawaka, IN 46545
<br />BBM, LLC, Daniel A. Berry, Member, owners 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
<br />have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of
<br />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 vest
<br />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
<br />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 and accepts the
<br />Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is
<br />30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities
<br />(water 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 subject
<br />to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by
<br />said grant9q, vendee, or Cy*act purchaser and their successors in title.
<br />BBM, LLC
<br />Daniel A. Berry, ember I affirmJunder the penalties for perjury, that I have taken
<br />reasonable care to redact each Social Security number
<br />in this document, unless required by law (name)
<br />STATE OF INDIANA )
<br />}SS: Jinnr (c�� f -t
<br />COUNTY OF ST. JOSEPH )
<br />Before me, a Notary Public in and for said County and State, personally appeared BBM, LLC, Daniel A. Berry, Member, and he
<br />acknowledged the execution of the foregoing Consent to Annexation as h of tary act and deed.
<br />WITNESS my hand and Notarial Seaythi Day of �/ 2006.
<br />My Commission Expires:
<br />APPROVED
<br />Board of Public Works
<br />•L.
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana
<br />46601.
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