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-3a95—
<br />12)E1 1 334�___
<br />RECORDED AS PRESENTED ON
<br />04/11/2006 10:54:48AM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $11.00
<br />PAGES: 1
<br />aid Recorded copy for: Board of Public Wor13"I
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGEMENT Or• CITY COMPACT FEES
<br />rn consideration For permission to tap into the municipal utility system (water and/or sewer) of the city of South Bend, Indiana, in order to
<br />provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the 'Real Estate"), situated in St.
<br />Joseph County, Indiana:
<br />l,DT 3Q, �0A 0V-i •f}-cI&: +T5
<br />Key #02-1100-4947 West of Lily Road on
<br />South side of Darden Road
<br />Joseph D. and Jennifer A. Butler
<br />19580 Darden Road
<br />South Bend, IN 46637
<br />SEWER ONLY
<br />Mailing Address: Same
<br />Joseph D. and Jennifer A. Butler, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns,
<br />and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate
<br />against or 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
<br />City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend
<br />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 contain
<br />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 Owner's
<br />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
<br />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
<br />rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax
<br />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
<br />of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or
<br />contract purchaser and their successors in title.
<br />de. —,,0-
<br />�b/eph D. Butler
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH )
<br />APPROVED
<br />oar o Public Works
<br />`nifer A. utler
<br />Before me, a Notary Public in and for said County and State, personally appeared Joseph D. and Jennifer A. Butler, and he acknowledged the
<br />execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this 0 Day of �� 2004
<br />Signature
<br />,` f ¢r 'Joseph County, Indiana.
<br />W,L��f COMMISSION EXPIRES
<br />:r,` OCTOBER IS, 2011
<br />My Commission'E�ieai'i "
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
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