#3187- Deed; CONSENT TO ANNEXATION-WATER North of SR 23 on West Side of Northern Avenue

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1bC�t53 1 6__-4 RECORDED AS PRESENTED ON Hold Recorded copy for: 12/12/2006 01:33:44PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: 512.00 PAGES: 1 of Pu CONSEANNTDTACKNOWLEDGE�MENT WAIVER OFOC Tf RIGHT Y COMPACT F ESSTRATE In consideration for permission to tap into the municipal utility system (water and/or sewer)after referred of South o as Bend, Indiana, Esta Estate"), order to provide sanitary sewer and/or water service to the following described property, (her situated in St. Joseph County, Indiana: Key # 02-2075-3485 — Lots 229, 230 and 231 Maple Lane Subdivision. North of SR 23 on West side of Northern Avenue. Glenn L. and Teresa A. Davis 54405 Northern Avenue South Bend, IN 46635 APPROVE works Boaz'(i of Public r WATER ONLY Mailing Address: Same Glenn L. and Teresa A. Davis, owner of the Real Estate , (hereinafter "Owner"), for themselves and their successors in title, assigns, 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 sewer) 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 and their successors in title. Glenn L. Davis Teresa A. Davis I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this doAment unles4 required by law: STATE OF INDIANA a r+ie( 5 t SS: l COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Glenn L. and Teresa A. Davis and they acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act and deed. + WITNESS my hand and Notarial Seal this �� Da of c i 2006 �! /J- u/ (Written Si ature) r�ytL7��y (Printed A resident of St. Joseph County, Indiana. My Commission Expires: 1-1) D /i This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:IDATAISHAREIENGMEERIWPDATAICONSENTCOM l .wpd