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Q F-1 1 a,24B-:D <br />RECORDED AS PRESENTED ON <br />04/04/2006 02:40:56PM <br />TERRI J. RETHLAHE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REG FEE: Sii.00 <br />PAGES: i <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 401-1065-1983 - Lot 723, Gillmer Park 4th <br />Addition — Northeast comer of Lucinda <br />Street and Kern Road <br />SEWER ONLY <br />Mailing Address: Same <br />John E. and Joanne M. Holland <br />19941 Lucinda Street <br />South Bend, IN 46614 <br />John E. and Joanne M. Holland, owners of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, <br />assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have <br />to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of <br />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. <br />t MJ , <br />Elolland <br />STATE OF INDIANA ) <br />) SS: <br />COUNTY OF ST. JOSEPH ) <br />Joann M. Holland <br />Before me, a Notary Public in and for said County and State, personally appeared John E. and Joanne M. Holland, 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 - S -i' <br />(Wpttten ignature) <br />Printe ) <br />A resident of St. Joseph County, Indiana. <br />My Ccmmiss�iori Expires: <br />t k ,Jo <br />.11 <br />Day of VlAa-�J 2006. <br />APPROVED <br />Board of Public Works <br />i <br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana <br />46601. <br />1--:IDATArSI-IAREU:NGINEERIWPDATA1CONSENTCOM la-wpd <br />