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<br />RECORDED AS PRESENTED ON
<br />01/04/2007 12:39:36PN
<br />RRI J. RETHLAKE
<br />ST. OSEPH COUNTY I affirm, under the penalties for perjury, that I have taken
<br />ORDER responsible care to redact each Social Security number in
<br />FEE : $12. 00 this current ucless require by law,
<br />Recorded copy for. Board of Public S : 1 �J 1 'z` V- `�tP
<br />C,.+h �a nr�IS
<br />CONSENT XATION, WAIVER OF RIGI-IT TO REM6NSTRATr-
<br />AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
<br />In consideration for permission to tap into the municipal utility system (water and/or server) of the city of south Bend, Indiana, in order to pprovide
<br />sanitary sewer and/or water service: to the following described property, (hereinafter referred to as the "Real Eslate'"), situated in St. Joseph Cottnly,
<br />Indiana:
<br />Legal Description:
<br />A part of the Southeast Quarter of Section 23, and part of the Northeast Quarter of Section 26, Township 38 North, Range 1 East,
<br />Warren Township. St. Joseph County, Indiana and being more particularly described as follows:
<br />Conuriencing at the Northeast corner of the Northeast Quarter of said Section 26; thence South 00018'31" East along the East line of
<br />said Northeast Quarter, a distance of 1319.63 feet; thence North 89111'22" West, a distance of 1313.64 feet; thence North 00°21'52"
<br />West, a distance of 1319,84 feet to a point on the North line of the Northeast Quarter of said Section 26; thence North 89"08' 16" West
<br />along said North line, a distance of 198.04 feet; thence North 00'16' 19" West, a distance of 742.65 feet; thence South 89'08' 16" East,
<br />a distance of 198.04 feet; thence North 00116' 18" West, a distance of 1897.32 feet to a point on the North line of the Southeast
<br />Quarter of said Section 23-. thence South 89°19'48" East along the said North line, a distance of 1323.00 feet to the Northeast corner of
<br />the Southeast Quarter said Section 23; thence South 00°05'43" East along the East line of said Southeast Quarter, a distance of
<br />1688.91 feet to the point of beginning. Subject to the legal rights of a public highway. Said parcel to be developed as Augustine
<br />Lakes Subdivision.
<br />Nature's Gate 11. LLC
<br />Derumis D. Miller, Member
<br />54340 20' Street
<br />South Bend, IN 46635
<br />SEWER AND WATT R
<br />Mailing Address: Same
<br />Nature's Gate E. LLC, Dennis D. Miller, Member, 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 remonstrate
<br />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 City of
<br />South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the
<br />permanent right, at the City'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 instrumnents of conveyance made by Owner, their successors or assigns shall contain the
<br />.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 Owner's
<br />obligation to pay a compact fee annually to the City of South Bend which for one nmmnticipal utility (water or sewer) is 30% of the difference between
<br />the obligation
<br />Comity Rate" of taxes and the "Total Cttyrlbwtt Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential,
<br />which rates are 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 purchaser is subject to the terms of this
<br />document and the acceptance of such instrument shall constitute an iftisions by said grantee, vendee, or contract
<br />purchaser an teir successors in tit
<br />( Board of Public Wa
<br />Nature's Gate 11. LLC
<br />Dennis D. Miller, Member
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH }
<br />Belbre me, a Notary Public in and for said County and State, personally appeared Nature's Gate 11, LLC, Dennis D. Miller, Member and he
<br />acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />WITNESS my hand and Notorial Seal this /1 TW Da of EC' E.i/3F 1e
<br />(Written Signature)
<br />(Printed)
<br />A resident of St. Joseph County, Indiana.
<br />My Commission Expires: Z4761ao,�r
<br />Tilts instnument was prepared h), Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
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