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Board d F"LIMEC Works
<br />SEP 13 2004
<br />Hold Recorded copy for:
<br />CONSENT TO'ANNEXATION, W;&,1VS OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGEMENT 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,
<br />Indiana, in orderto provide sanitarysewer and/or water service to the following described property, (hereinafter referred
<br />to as the "Real Estate"), situated in St. Joseph County, Indiana:
<br />Key #05-1035-0448,17, Lot 25, Pepper-
<br />mint Hills Subdivision. Northeast
<br />comer of Spearmint and Julep Courts
<br />S.
<br />Jack W. & MIX Seifer
<br />59420 Spearmint Court
<br />South Bend, IN 46614
<br />SEWER AND WATER
<br />Mailing Address: 59558 Spearmint Court
<br />South Bend, IN 46614
<br />Jack W. & Jill F. Seifer, owners 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
<br />hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real
<br />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
<br />and/or water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates
<br />irrevocably to vest in the City of South Bend the permanent right, at the City`s discretion, to annex the Real Estate at
<br />any future time by duly authorized ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors
<br />or assigns 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
<br />accepts the Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility
<br />(water or sewer) is 30% of the difference between the "Total County Rate" of taxes and the "Total Ciry/Town Rate" and
<br />for both municipal utilities (water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph
<br />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
<br />is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the
<br />foregoing provisions by said tee, vendee, or contract purchaser and their successors in title.
<br />Jack W. Seifer Jill � eifer
<br />111.)�.
<br />STATE OF INDIANA
<br />) SS:
<br />COUNTY OF ST. JOSEPH }
<br />Before me, a Notary Public in and for said County and State, personally appeared Jack W. & Jill F. Seifer
<br />and they
<br />acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed.
<br />WITNESS my'land anal Notarial Seal this Day of `% - / 7004
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<br />This instrument was prepared by ri-DcRose,.Assistant City Attorney, 1400 County -City Building, South Bend,
<br />Indiana 46601.
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