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<br />Hold Recorded copy for:
<br />RECORDED AS PRESENTED ON
<br />04/E9/2008 0E:35:43PM
<br />TERRI J. RETHLAKE
<br />ST. J05EPH COUNTY
<br />RECORDER
<br />REC FEE: $12.00
<br />PAGES: 1
<br />Board of Public Works
<br />CONSENT 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 4002-1006-016701 Parcel at the North
<br />west corner of Cleveland Road and
<br />Frances Street
<br />Robert W. and Michael B. Waterbury
<br />As Joint Tenants
<br />19095 Cleveland Road
<br />South Bend, In 46637
<br />WATER ONLY
<br />Mailing Address: Same
<br />Robert W. and Michael B. Waterbury, as joint tenants, owners of the Real Estate, (hereinafter "Owner"), for themselves and their
<br />successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now
<br />or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate
<br />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 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 17-96 of the South Rend Muniripal Cnde, 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 />Robert W. Waterbury APPROVED Michael B. Waterbury
<br />As joint tenants Hoard of Public WOrksAs joint tenants
<br />gAPk2,8 0
<br />STATE OF INDIANASS:
<br />COUNTY OF ST JOSEPH
<br />Before me, a Notary Public in and for said County and State, personally appeared Robert W. and Michael B. Waterbury, as joint
<br />tenants, and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this Day of 2008.
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<br />(Written SiRature)
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<br />(Printed)
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<br />A resident of
<br />a s
<br />CG '.i „';.On Exp , ,a
<br />' Oci 07, 2014
<br />My Commission Expires:.
<br />I 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 />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South fiend, Indiana 46601.
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