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RECORDED ON <br />03/1.6/2005 03.:22:10P[q <br />TERRI J. RETHLRKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE• <br />-�--," -- -- FAA G L• S : <br />I-Iold Recorded copy for: Board of Publi�Works� <br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE <br />AND ACKNOWLEDGMENT OF CITY COMPACT FEES <br />$9.00 <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 properly, (hereinafter referred to as the "Real Estate"), <br />situated in St. Joseph County, Indiana: <br />LEGAL DESCRIPTION: <br />A parcel of land being a part of the Southeast Quarter of Section 25 and part of the Northeast Quarter of Section 36, Township <br />38 North, Range I East, Warren Township, St. Joseph County, Indiana, and described as follows: <br />Commencing at the Northwest comer of the Southeast Ouarter of Section 25: thence South 00 07' 28" West along the West line <br />of said Southeast Quarter, a distance of 316.50 feet to a point on the centerline of Lincolnway West (US 20); thence South 61 <br />27' 46" East along said centerline a distance of 561.53 feet to the point of beginning; thence continuing South 61 27' 46" East <br />along said centerline a distance of 377.85 feet to the Northwest comer of Delanghe's First Replat as shown in the Office of the <br />Recorder of St. Joseph County, Indiana as Instrument Number 9625951; thence for the next two courses along the West line of <br />said plat, the first being South 00 07' 28" West, a distance of 1886.01 feet to a point on the South line of said Southeast Quarter <br />of Section 25 also being on the North line of the Northeast Quarter of Section 36; thence continuing South 00 07' 28" West, a <br />distance of 330.01 feet to the Southwest corner of said plat; thence North 89 22' 05" West, a distance of 461.53 feet; thence <br />North 00 07' 28" East, a distance of 330.01 feet to a point on said North line of the Northeast Quarter of Section 36; thence <br />continuing North 00 07'28" East, a distance of 484.42 feet; thence South 89 33' 39" East, a distance of 129.18 feet; thence <br />North 00 07' 28" East, a distance of 1578.00 feet to the point of beginning. Containing 20.00 acres, more or less. Said parcel to <br />be known as Terre Verde Hills Subdivision. <br />Portage Realty Corporation <br />David L. Hunter, President <br />129 Dixie Way North <br />South Bend, IN 46637 <br />SEWER AND WATER <br />Address: Same <br />Portage Realty Corporation, David L. Hunter, President, owner of the Real Estate, (hereinafter "Owner"), for <br />themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all <br />right which they may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future <br />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 />Purxaant to Chapter ; 7, Article 10, Section i 7-36 of the South Bend Municipal Code, 0-r,T..^.r f irthcr ac1rMo.vlcdgcs 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 to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing <br />provisions by said grantee, vendee, or contract purchaser and their successors in title. <br />�G <br />Portage Realty Corporation, <br />David L. Hunter, President <br />STATE OF INDIANA ) <br />) SS: <br />COUNTY OF ST. JOSEPH ) <br />1 <br />Before me, a Notary Public in and for said County and State, personally appeared David L. Hunter, President and he <br />acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed. <br />WITNESS my hand and Notarial Scat this 9_'A, , Day of _F�&LLaY\ 8 1 2005 <br />— i6a�� <br />(Writt ature) <br />Printed If <br />Notary is a resident of St. Joseph County, IN aA n4 <br />My Commission Expires: <br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. <br />F:1DA'fA1.Sl-IARE\ENGINEER\ W PDAI'A\CONS EN'I'COM2.wpd <br />