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<br />RECORDI=D ON
<br />08/22/2005 02:50:45PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $9.00
<br />PAGES; 1
<br />old Recorded copy for: Board of Public Works
<br />CONSENT AND OANNEXATION, A ACKNOWLEDGEMENT OFOC THY COMPACGHT TO FEREMONSTRATE
<br />ES
<br />in consideration for permission to tap into the municipal utility system (water and/or sewer) 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 />Key #02-2023-0544.09 Lot 3 and pt Lot 2
<br />Willowbrook Addition — Southeas�Comer
<br />of SR 23 and Crestwood Blvd (30 Street) WATER ONLY
<br />John F. and Patricia A. Koellner
<br />17600 State Road 23 Mailing Address: Same
<br />South Bend, IN 46635
<br />John F. and Patricia A. Koellner, 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 hereafter have to
<br />remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of South
<br />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 water)
<br />of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City
<br />of South Bend the permanent right, at the City's discretion, to annex the Real Estate at 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 or assigns shall
<br />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 accepts the
<br />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%
<br />of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities (water and
<br />sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St.
<br />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 subject to
<br />the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said
<br />grantee, vendee, or contract purchaser and their successors in title.
<br />John F. Koellner,. Patricia A. Koellner
<br />STATE 6I, `INDMONA
<br />'}
<br />) SS:
<br />COUNTYOF -ST. JOSEP H )
<br />Before me, a Notary Public in and for said County and State, personally appeared John F. and Patricia A. Koellner, and they
<br />acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed.
<br />WITNESS my hand anootarial Seal this
<br />11 PPI;OVED
<br />Board of P11U1ic Vor!cs
<br />PA T RICUk L HAYES,
<br />Printed) Ac-R1s,dv nt of St. � ; It Cnurtty, #� A�6
<br />A resident ��o-y �11ii<rr-, �ar�tl E;, t� P'oji. 7, Ut3 .
<br />sident of St. Joseph County, Indiana.
<br />My Commission Expires:
<br />This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
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