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RECORDED ON
<br />04/26/2005 02:46:0OPN
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $9.00
<br />PAGES: 1
<br />�Iolec9rded cop f r• 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 water) 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 Estate"),
<br />situated in St. Joseph County, Indiana:
<br />LEGAL DESCRIPTION:
<br />LEGAL DESCRIPTION:
<br />A Part of the Northeast Quarter of Section 25. r'ownshir, 39'North. R.,meo 2 l;ast, Clay -rownshi,,. St. ]-01, C—ty.,h,ate.h..-
<br />being More particularly described as follows:
<br />Commencing at the West Quarter Comer of said Section 25, said comer being marked by a railroad spike, flush with pavement;
<br />thence along the East and West Centerline of said Section 25, South 89 Degrees 45 Minutes 56 Seconds East, a distance of
<br />2656.78 feet to the Southwest Corner of said Northeast Quarter, said corner lying South 00 Degrees 20 Minutes 20 Seconds East,
<br />a distance of 2639.40 feet from a Harrison Monument, flush with pavement, marking the North Quarter Corner of said Section
<br />25; thence continuing South 89 Degrees 45 Minutes 56 Seconds East, a distance of 332.89 feet to the Southeast Comer of Karras
<br />David Street Minor Subdivision, recorded under Instrument Number 0258954, in the Office of Recorder of said County; thence
<br />North, parallel with the West line of the Northeast Quarter of said Section 25, North 00 Degrees 20 Minutes 20 Seconds West, a
<br />distance of 910.24 feet to the Northeast Comer of Lot Number 2 in said Karras David Street Minor Subdivision; thence North
<br />along the East line of property described in Deed Record Book 745, Page 160, North 00 Degrees 14 Minutes 39 Seconds West, a
<br />distance of 387.34 feet, more or less, to a point on the centerline of Juday Creek also being the Southerly right of way line of the
<br />Indiana Toll Road, said point lying 333.55 feet East of the West line of said Northeast Quarter; thence along the centerline of
<br />Juday Creek and said Southerly right of way, a distance of 58.66 feet, more or less, to the East line of the West Half of the West
<br />Half of the Northeast Quarter of said Section 25; thence South along said East line also being said Southerly right of way, South
<br />00 Degrees 16 Minutes 49 Seconds East, a distance of 33 feet, more or less; thence Southeast, along said Southerly right of way,
<br />South 48 Degrees 32 Minutes 19 Seconds East, a distance of 107.86 feet to the point of curvature of a tangent spiral, as defined
<br />by Toll Road plans dated, October o€1954, Contract Number C-28-29, on sheet 11 of 81, on file in the Indiana Toll Road
<br />Commission Office; thence along said spiral curve, a distance of 26.15 feet; thence South 00 Degrees 16 Minutes 49 Seconds
<br />East, a distance of 870.48 feet to the South line of said Northeast Quarter, thence West along the South line of said Northeast
<br />Quarter, North 89 Degrees 45 Minutes 56 Seconds West, a distance of 432.97 feet to the point of beginning; said described tract
<br />containing 10.843 acres, more or less; subject to any easements, covenants, restrictions, and right of way of record. Said parcel
<br />to be known as Cottages at Pendel Wood Subdivision.
<br />SEWER AND WATER
<br />Holladay Midwest I, LLC Mailing Address: Same
<br />Frank Petri Senior Vice President of Development
<br />227 South Main Street
<br />South Bend, IN 46601
<br />Holladay Midwest I, LLC Frank Peny, Senior Vice President of Development, owner of the Real Estate, (hereinafter "Owner"),
<br />for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and
<br />all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or
<br />future annexation of the Real 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 and/or
<br />water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to
<br />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
<br />authorized 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 Owner's
<br />obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is 30% of
<br />the difference between the "'total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water
<br />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
<br />subject t the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing
<br />provisi s by said ,vendee, or contract purchaser and their successors in title. A l"PitO VED
<br />Board of Pal3lie
<br />Iolladay Midwest I, LLC Frank Perri,
<br />Senior Vice President of Development - - -
<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 Holladay Midwest I, LLC Frank Perry, Senior
<br />Vice President of Development, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act
<br />and deed.
<br />WITNESS my hand and Notarial Seal this Day of 4n 200 6
<br />E T4I�
<br />&LOup./_ _ WQJLA_ a;r CAROLL. BENSCOT ER, Notary Public
<br />Written Si lure �'r�-
<br />rta 1 L l�jc r �Nn� �4¢� 1 ,ri A Resident of Elkhart County, lTy
<br />Printed ,, My Commission Expires:11-14-20,12 'I
<br />A resident of St. Joseph County, Indiana. "' My Commission Expires: i- � �-3�
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South
<br />Bend, IN 46601.
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