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CD-'__3 152687
<br />RECORDED ON
<br />11/14/2005 04:07:52PH
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $9.00
<br />PAGES: 1
<br />Hold Recorded copy for: 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 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
<br />Estate"), situated in St. Joseph County, Indiana:
<br />Key #02-2074-3386Lots 130, 131, 132, 176,
<br />177 and 178 Maple Lane Subdivision
<br />Southwest corner of Maple Lane and Bulla Road
<br />Praise Fellowship Seventhday Adventist Church
<br />54301 Maple Lane
<br />South Bend, 1N 46635
<br />Sharon L. Easton, Treasurer
<br />WATER ONLY
<br />Mailing Address: Same
<br />Praise Fellowship Seventhday Adventist Church, Sharon L. Easton, Treasurer, owners 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 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 vest
<br />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
<br />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 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
<br />30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities
<br />(water 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 subject
<br />to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by
<br />said grantee, vendee, or contract purchaser and their successors in title. AYPROVED
<br />hoard of Public Works
<br />Praise Fellowship Seventhday Adventist Church NOV
<br />Y��
<br />Sharon L. Easton, Treasurer / i
<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 Praise Fellowship Seventhday Adventist Church
<br />Sharon L. Easton, Treasurer, and she acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and
<br />deed.
<br />WITNESS my hand and Notarial Seal this ,-,2 y Day of `��� 2005.
<br />�(Wrin&ignafure)
<br />41.
<br />,",1. h, l
<br />ro
<br />Printed)
<br />A resident of St. Joseph County, Indiana.
<br />My Commission Expires:
<br />This instrument was prepared by Aladcan DeRose, Assistant City Attorney, 1400 County -City Building,
<br />South Bend, Indiana
<br />46601.
<br />F:IDA"rALSI-IAREIENG I N LER1 W PDATAICONSL'• N'rCOM I awpd
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