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Home My WebLink About#2912- Deed; CONSENT TO ANNEXATION WATER AND SEWER Northeast corner of Cypress & Winterberry Drivef}iV t`� AC�J�I.� CCC�V1v 1 OF Um A�Jb 5EWEP- 21s i cp, 0C`��fZE MiD eR,�C Z C�, . \/AL-Dt-SP,-T 1 E-,, L! L4 I C') PP-Ems�- u 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS December 30, 2003 Mr. Roger 0. Valdiserri 7955 East Chaparral Road Unit 22 Scottsdale, AZ 85250 PHO\-E 5741235-9251 FAx 574/235-9171 TDD 5741235-5567 RE: KEY# 02-1015-0312.20 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES- WATER AND SEWER Dear Mr. Valdiserri: The Board of Public Works, at its meeting held on November 10, 2003, approved the Consent to Annexation and Waiver of Right to Remonstrate. The Consent was recorded with the St. Joseph County Recorder's Office on November 12, 2003. A copy is enclosed for your records. Enclosure Sincerely, J Angel , h,cob, Q0[,rk Board of Public Works KD3-72'386 RECORDED ON 11/12/2003 02:47:52PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $9. 00 PAGES: I Hold Recorded copy for; Board of Public Works CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT OF CITY COMPACT FEES 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 provide sanitarysewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key 402-1015-0312.20 Lot 1 I Greenleaf I" Addition Northeast corner of Cypress and Winterberry Drive Roger O. Valdiserri 18441 Cypress Drive South Bend, IN 46637 SEWER AND WATER Mailing Address: 7955 East Chaparral Road, Unit 22 Scottsdale, AZ 85250 Roger O. Valdiserri, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. 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 South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any fixture time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges and accepts the Owner's 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 between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in die St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates. 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 document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by aid grantee, vendee, or contract purchaser and their successors in title. APPROVED Board of Public Works +Roge.aldiserri STATE OF INDIANA ) - ) SS: COUNTY OF ST. JOSEPH ) - Before me, a Notary Public in and for said County and State, personally appeared Roger O, Valdiserri, and he acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. WITNESS' my hand and Notarial Seal this & Day of 1� 2003 (Writt nature) l (Printed) t' A resident of St. Joseph County, Indiana. My Commission Expires: t9io— 115-C� 016 This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. r:1DATA\S]1AIZE\ENGINEER\W PDATA\CONSENTCOM 1,%vpd