#3181- Deed; CONSENT TO ANNEX - SEWER ONLY Lot 17, Swanson Heights, Corner of Carl Street on North side of Pasadena St.

Home Browse Search

(DCE,S 1 12) F� cm, RECORDED AS PRESENTED ON 11/28/2006 11:29:51AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $12.00 PAGES: 1 !d Recorded copy for: Board of Public Works CONSENTOACKNOWLEDG+ MENT OFCITY RIGHT ANNEXATION WAIVER C TY COMPACT FEES E AND 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 salutary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key # 01-1073-2426 — Lot 17, Swanson Heights, Corner of Carl Street on North SEWER ONLY side of Pasadena Street. Wayne H. Newberg, and Ruth L. Newberg Mailing Address: Same 19335 Pasadena Street South Bend, IN 46614 Wayne H. Newberg and Ruth L. Newberg, owner of the Real Estate , (hereinafter "Owner"), for themselves and their successors in title, _:signs, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to demonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. 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 Bend, 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, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges and accepts the Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or server) is 30% of the difference 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 rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax Rates. 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 document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser a successor in title. R ayne ewberg Ruth L. Newberg I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document �ss required by law: STATE OF INDIANA } e -`"�''�•� F��1$�v� } SS: e-az -hy COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Lake George W. Becker and Norma L. Becker and they acknowledged the execution of the foregoing Consent to Annexation as thiier voluntary act and deed. WITNESS m h atz , otarial Seal this Day of 1 V U 2006 y ...- ;.. taj-�� APPROVED Board of Pubhe Works {Printed NN r `M jen!'kT'§t. Joseph County, Indiana. ,M y Commission "'kipirer.�j Thus instrument was prepared by Aladean &Rose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:IDATAISI IAREIENGINEER\WPDATAICONSENTCOM 1.wpd