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RECORDED AS PRESENTED ON
<br />02/13/2006 11:57:56PM
<br />TERRI J. RETHLAY,E
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $11 00
<br />PAGES: 2
<br />1-lold Recorded copy for: Board ofPublie 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 />APPROVED
<br />Key #17-1034-0929 -hot A, G]MAftfflublie Works
<br />Third Replat - Northeast c
<br />Avenue and Hollywood Blvd
<br />WATER AND SEWER
<br />F _3 1 '1 7006 Mailing Address: 2400 Miracle Land
<br />Superclean Corporation Mishawaka, IN 46545
<br />William Veldman, President _ n
<br />John Becker, Vice President c l �aU
<br />23598 Western Avenue ,•
<br />South Bend, IN 46619
<br />Superclean Corporation, William Vek&nita, dsid'.:nit an Becker, Vice President, owners of the Real Estate, (hereinafter
<br />"Owner"). for themselves and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release
<br />any and 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 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 anVq deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns
<br />shall contain the waiver and Telease 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 />As-aidtee, v dee, or contract purchaser and their successors in title.
<br />Corporation Supperclean Corporation
<br />William Veldman, President John Becker, Vice President
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH ) William Veldman and
<br />Before me, a Notary Public in and for said County and State, personally appeared John Becker, and they
<br />acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this 3 0 ! ki Day of J per^ ��
<br />(Written Signature) APPROVED
<br />B of Public Works
<br />note
<br />A resident of St. Joseph County, Indiana. �' NA A 2006
<br />My Commission Expires: ! ~ 02 / - 9 0 / -3
<br />This instrument was prepared by Aladean De Rose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana
<br />46601.
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<br />0604726
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