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RECORDED AS PRESENTED ON
<br />06/27/2006 02:09:27PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $11.00
<br />PAGES: 1
<br />.f
<br />Hold Recorded copy for: Board of Public Works
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGEMENT Oh CITY COMPACT FEES
<br />In consideration for permission to tap into the municipal utility system (water and/or sewer) of the city or 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 parcel of land in the West ] lairof the Southwest Quarter of Section 32, Township 38, Range 3 East, St. Joseph County, Indiana which is described
<br />as:
<br />Lots 321, 322, 323 and 324 in the recorded plat of Town of Maple Lane, Clay Township being recorded in Plat Book 11, Page 3 in the Office of the
<br />Recorder of St Joseph County, Indiana. Excepting therefrom a part of Lots 322, 323 and 324 and being described as follows:
<br />Beginning at the Northeast corner of said Lot 322; thence South 0 degrees, 34 minutes, 48 seconds East, 1 1.16 feet along the East I ine of said Lot
<br />322; thence South 55 degrees 50 minutes, 12 seconds West, 190.18 feet; thence South 27 degrees 02 minutes, 52 seconds West, 19.68 feet to the
<br />West line of said Lot 324; thence North 0 deg
<br />brees 43 minutes 37 seconds West, 22.50 feet along said West line to the Northwest corner of said Lot
<br />beginning.
<br />thence North 55 degrees 50 minutes 12 seconds East, 201.20 feet along the Northwestern line of said Lots 324, 323 and 322 to the point of
<br />beginning.
<br />Miller Builders.
<br />Denny D Miller, President
<br />54340 29'' Street
<br />South Bend, IN 46635
<br />SEWER AND WATER
<br />Mailing Address: Same
<br />Miller Builders, Denny l . Miller, President, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title, assigns, and personal
<br />representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise interfere with, or
<br />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 South [lend,
<br />Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend the permanent right, at the City's discretion,
<br />to annex the Real Estate at any future time by duly authorized ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments orconveyanec made by Owner, their successors or assigns shall contain the waiver and release
<br />provisions contained herein, which provisions shall run with the land.
<br />Pursuan
<br />to
<br />ter
<br />icle
<br />Section
<br />to the Citty o South Bend which For one municipal uttlil South Bend Municipal oCode, Owner further acknowledges Otvncr's obligation to pay a compact fee annually
<br />Rate" and for both municipal utilities (water ands ewer) is (water0 % of such rat rdifferential, hof the rich rates erence bare set forth etween the 'in the lS County
<br />County Auditor's hannualiy pub shed
<br />"Notice of St. Joseph County Certified Tax Rates,"
<br />The delivery of any instrument of conveyance from the Owner to any successor, �rantce, vendee or contract purchaser is subject to the terms of this document and the
<br />acccplaa of such instrument shall constitut acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title.
<br />n
<br />�Q_Dt
<br />APPROVED
<br />Miller Buildersartl."/G
<br />Denny Miller, President
<br />STATE OF INDIANA
<br />COUNTY OF ST. JOSEP}I SS:
<br />Board of Public Works
<br />Before me, a Notary Public in and for said County and State, personally appeared Miller Builders, Denny E. Miller, President, and he acknowledged
<br />the execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />fitness my hand and axial Seal this Da of
<br />2006
<br />(Wri on Sign� are)
<br />Printed)
<br />A resident of St. Joseph County, Indiana,
<br />My Commission Expires: L CFI
<br />This instrument was prepared by Aladean DeRosc, Assistant City Attorney, 1400 County -City Building, South fBend, tlN 46601,
<br />P:IDATAISI-IAREIENGINEERIWPDATAICONSI NT FOR SUBS
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