|
P G 1 IDQj4E;
<br />RECORDED AS PRESENTED ON
<br />03/20/2006 02:31:34PM
<br />TERRT J. RETNLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $11.00
<br />` PAGES: 2
<br />]-Hol=Recorded =BoardlicWorks
<br />C SENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGEMENT 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 order to provide
<br />sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County,
<br />Indiana:
<br />LEGAL DESCRIPTION:
<br />A part of the East Half of the Southeast Quarter of Section 17, Township 38 North, Range 2 East, German Township, St. Joseph
<br />County, Indiana, being more particularly described as follows:
<br />Lots 3, 4, and 5, and Outlot A in the Homestead Farms Major Subdivision as recorded under Instrument Number 0326449 in the
<br />Office of the Recorder of said County. To be developed as Willowgate Trails Subdivision.
<br />Subject to any easement, covenants, restriction, and right of ways of record.
<br />0,r2Q,n L.,6e a lapin e,nf t-k
<br />David H. Weiss, Partner SEWER AND WATER
<br />828 East Jefferson Blvd
<br />South Bend, IN 46617 Mailing Address: Same
<br />David 1-I. Weiss- Partner- owner of the Real F.slate_ (hereinafter "owner") fnr themselves and (heir siirreccnrc ,n title accionc
<br />and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or
<br />otherwise interfere with, or oppose any pending or 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 water) of the City of
<br />South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the
<br />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 contain the
<br />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 Owner's obligation to pay a
<br />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
<br />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
<br />forth in the Si. Joseph County Auditor's annually published "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 to the terms of this
<br />document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract
<br />purchaser and their successors in title.
<br />�2 beveu,r�e�tL LCC
<br />David H. Weiss, Partner
<br />STATE OF INDIANA
<br />) SS:
<br />COUNTY OF ST. JOSEPH
<br />ecvprnF"
<br />Before me, a Notary-Ppblic.iri'�qO for said County and State, personally appeared David H. Weiss, Partner, and he
<br />acknowledged thr�>- tGtsfidrJ;o,f tfie rDregoing Consent to Annexation as his voluntary act and deed.
<br />Witness my 11t rdart� 1+Ia41 5 1 this d3 r`z' Da of re6(�tea 2006
<br />( ttl ]8T1+3tWd
<br />1{�iiii�l ^�;;�? C,i
<br />`1� '
<br />�P)'P •; .r i�t CtBs,`l�^;,r'7I1AIi'05:Ii,�S�":j
<br />A resident of St Jbseph;trn iiiy, Indiana. My Commission Expires:
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601.
<br />F:\DATA\SUIARE\ENGINEER\WPDATA\CONSENTCOMB.wpd
<br />APPROVED
<br />Board of Public Works
<br />
|