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Home My WebLink About#3176- Deed; CONSENT TO ANNEXATION-WATER South Side of Darden Road - East of Kennilworth Road; Lot 4, Darden Woods Sub.31 6 10/1 /20M Consent to Annexation - Water f 002-1147-6675 LOT NO. 4 SUB: Darden Woods Subdivision Tennyson, Donald (Estate of Robert Tennyson) 19984 Darden Road Description: South Side of Darden Road - East of Kennilworth Road; Lot 4, Darden Woods Sub. 0 6 4 4 1 S 3 RECORDED AS PRESENTED ON 12) C:=, 4 1 7 7 3 10/12/2006 10:30:00AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $13.00 PAGES 1 RECORDED AS PRESENTED ON 0 26/120IET�HLAXE :05P?f TERRI ST. COUNTY ECORD C FEE: $1 .00 PAGES: 1 (Hold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT 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 e to the following described property, (hereinafter referred to as the Real order to provide sanitary sewer and/or water servic Estate"), situated in St. Joseph County, Indiana: Key 4002-1147-6675, South side of Darden Road — East of Kenilworth Road Lo r -Q> aAP.Oty W00-0S 5 WATER ONLY Donald A. Tennyson, Executor Mailing Address: Same Estate of Robert T. Tennyson 19984 Darden Road South Bend, fN 46637 Donald A. Tennyson, Executor, Estate of Robert T. Tennyson, 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 future 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 the 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 said grantee, vendee, or contract purchaser and their successors in title. APPROVED cNLo(a V� Board of Public Works r Donald A. Tennyson, Executor, SEP 2 J 20 Estate of Robert T. Tennyson STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Donald A. Tennyson, Executor, Estate of Robert T. Tennyson, and he acknowledged the execution! of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hangJnd Notarial Seal this t.' J Day of / 1 ' 2006. I affirm, under the penalties for perjury, that I have taken (Printed) responsible care to redact each Social Security number in this d cument unless wired by la My Corn LCt%CZ� This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. f:MATA1S1-IARE; ENGINEER1WPDATAICONSENTCOM.wpd 1316 COUNTY -CITY BuiWING 227 W JEFFERSON BOULEVARp SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS October 30, 2006 Mr. Donald A. Tennyson Estate of Robert T. Tennyson 19984 Darden Road South Bend, Indiana 46637 RE: CONSENT TO ANNEXATION AND WAVER OF RIGHT TO REMONSTRATE — WATER South Side of Darden Road — East of Kenilworth Lot 4, Darden Woods Subdivision Key No. 002-1147-6675 Dear Mr. Tennyson: PHONE 574/ 235-9251 FAx 574/235-9171 TDD 574/ 235-5567 The Board of Public Works recorded the above referred to Consent to Annexation with the St. Joseph County Recorder's Office on October 12, 2006. A copy is enclosed for your records. If you have any questions, please call me at (574) 235-9251. Enclosure Sincerely, gei .Jacob, erk GARYA. GILOT, P.F. CARL P. UTTRELL, P.E. DONALD E. INKS PRESIDENT MEMBER 1vIL.{.,IBEA