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<br />RECORDED AS PRESENTED ON
<br />11/13/2006 02:00:52PH
<br />TERRI J. RETELAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $12.00
<br />PAGES: 1
<br />CHoldecorded 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 #002-2016-0332, North of Cleveland
<br />Road on Ironwood Road — 52886 Ironwood
<br />Road
<br />Herb Buwalda, Jr.
<br />Senior Pastor
<br />Clay United Methodist Church
<br />52866 Ironwood Road
<br />South Bend, IN 46637
<br />WATER AND SEWER
<br />Mailing Address: 17646 Cleveland Road
<br />South Bend, IN 46637
<br />Herb Buwalda, Jr., Senior Pastor, Clay United Methodist Church, owner of the Real Estate, (hereinafter "Owner"), for themselves
<br />and their successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they
<br />may now or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the
<br />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 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 antee, vendee, or contract purchaser and their successors in title.
<br />APPROVED
<br />/ Board of Public Works
<br />Herb Buwalda, Jr., Senior Pastor
<br />Clay United Methodist Church
<br />STATE OF INDIANA )
<br />) SS:
<br />COUNTY OF ST. JOSEPH )
<br />~ nFI1� l 1
<br />4, 10
<br />,rnI,siFI
<br />Before me, a Notary Public in and for said County and State, personally appeared Herb Buwalda, Jr., Senior Pastor, Clay United
<br />Methodist Church, and he acknowledged the execution of the foregoing Consent to Annexation as his voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this ,` Day of ni 2006.
<br />F e�A'9�
<br />ritCen Signature)
<br />Printed)
<br />A resident of S
<br />,%0
<br />My Commission Expires: �rL rgeo6o, �Pf' ��
<br />i affirm, under the penalties for perjury, that I have taken
<br />responsible care to redact each Social Security number in
<br />this document unless required by law:
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana
<br />46601.
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