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Q,E,5316�a
<br />RECORDED AS PRESENTED ON
<br />12/12/2006 01:33:43PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />ClHioldRecorded copy for: Board of Public Wor s
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
<br />REC FEE: $12.00
<br />PAGES: 1
<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
<br />provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St.
<br />Joseph County, Indiana: APPROVED
<br />Board of Public Works
<br />Key # 02-2118-5791 --Southeast Corner of State Road 23 0 i' 1 I ATER ONLY
<br />and 27th Street. /,-[►
<br />Larry E. Fishburn, and Carol J. Fishburn
<br />17740 State Road 23 e
<br />South Bend, IN 46635
<br />Larry E. Fishburn, and Carol J. Fishburn, owner of the Real Estate , (hereinafter "Owner"), for themselves and their successors in title,
<br />assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to
<br />demonstrate 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
<br />of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend
<br />t,a permanent right, at the Gity'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
<br />the waiver and release provisions contained herein, which provisions shall nun 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 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 the difference
<br />hetiveen the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such
<br />rare differential, wwcl: rates are set forth in tiie st. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax
<br />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
<br />of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or
<br />contract purchaser and their successors in title.
<br />ZAP
<br />V Carol J. Fishburn
<br />Larry � �ishburn
<br />I affirm, under the penalties for perjury, that I have taken
<br />responsible care to redact each Social Security number in
<br />this do ment unles quired bylaw:
<br />STATE OF INDIANA ) � �
<br />} SS:
<br />C;(�[JNTY OF ST. JOSEPH )
<br />Before me, a Notary Public in and for said County and State, personally appeared Lake George W. Becker and Norma L. Becker
<br />and they acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act
<br />and deed.
<br />WITNESS my hand and Notarial Seal this a Day of bOkW 2006
<br />(�ritte S
<br />9 :; �;�,o-: S�ii •aG
<br />(Printed
<br />A resident o St. Joseph County, Indiana. i',; 1> a;':• `'�, 5,1;.�
<br />.kfy Commission Expires:
<br />A.
<br />;s instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Beid;"Indiana 46601.
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