#3006- Deed; CONSENT TO ANNEXATION - WATER ONLY Southeast Corner of SR 23 & Crestwood Blvd (30th St)

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roldRecorded copy for: Board of Public Works 13 RECORDED €7N 08/22/2005 02:50:45PM TERRI 3, RETHLAKE ST. 3OSEPH COUNTY RECORDER REC FEE: $3.00 PAGES: 1. CONSENTOAANNEXATION, WAIVER CKNOWLEDGEM ACKNOWLEDGEMENT OFOREMONSTRATE CITY COMPACT FEES AND In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city of South Bend, Indiana, in order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key #02-2023-0544.09 Lot 3 and pt Lot 2 Willowbrook Addition — Southeast Corner WATER ONLY of SR 23 and Crestwood Blvd (30'" Street) John F. and Patricia A. Koellner 17600 State Road 23 Mailing Address: Same South Bend, IN 46635 John F. and Patricia A. Koellner, owners 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. JosephCounty 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. John F. Kolef .r:° Q4 Patricia A. Koellner - STATE COUNTY 13c ) Before me, a No�a`ry Public in and for said County and State, personally appeared John F. and Patricia A. Koellner, and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed. WITNESS my hand an4 Notarial Seal (Written Signature) (J PATRICIA L HAYES, WOrY Public Printed} A „ismtclmn4 of % J�OQtspit County, I my cmmE(r9tmn ExP vG4 NbV. 7, 2 A resident of St. Joseph County, Indiana. My Commission Expires: AITROWED Board of Public WotP;> This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\S1 IARnENGINr-ER\WPDATAICONSENTCOM Lwpd