|
RECORDED AS PRESENTED ON
<br />08/16/2007 01:51:26PIN
<br />TERRI J. RETHI-AKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $12.00
<br />Hold Recorded copy for Board of Public Works PAGES: 1
<br />t ONSENT T EXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />D 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 #004-1010-0167 South side of Adams
<br />Road at Orange Road. Carriage House
<br />Restaurant. S/E corner of Adams and Orange.
<br />Judy Cote, President
<br />Cote Enterprises, Inc
<br />24460 Adams Road
<br />South Bend, In 46628
<br />SEWER ONLY
<br />Mailing Address: Same
<br />Judy Cote, President, Cote Enterprises, Inc., owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors
<br />in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or
<br />hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by
<br />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 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 grantee, vendee, or contract purchaser and their successors in title.
<br />Judy Cote, President
<br />Cote Enterprises, Inc
<br />STATE OF INDIANA )
<br />SS:
<br />COUNTY OF ST JOSEPH )
<br />APPROVED
<br />Board of Public Works
<br />i
<br />Before me, a Notary Public in and for said County and State, personally appeared Judy Cote, President, Cote Enterprises, Ine.and
<br />she acknowledged the execution of the foregoi! Consent to Annexation as her voluntary act and deed.
<br />WITNESS my hand aq Notarial Seal thi Day of (/� 2007.
<br />Written Signature)
<br />�} ' I�r Printed
<br />A resident of
<br />•,, / b
<br />My Comtrlft'Kpires:
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
<br />1 affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document
<br />unless required by law: Anthony P. Molnar
<br />F:IDATAIS 1-I AR E1ENG IN E ERIW PD ATAICON S ENTCO M. wpd
<br />
|