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121 � 9 <br />RECORDED AS PRESENTED ON <br />12/12/2006 01:33:49PM <br />TERRI J. RETHLAHE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $12. 00 <br />PAGES: 1 <br />Hold Recorded copy for: - Board of Public orks <br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE <br />AND ACKNOWLEDGEMENT 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 Estate"), <br />situated in St. Joseph County, Indiana: <br />Key 4 02.2075-3485 — Lots 229, 230 and 231 <br />Maple Lane Subdivision. North of SR 23 on <br />West side of Northern Avenue. <br />Glenn L. and Teresa A. Davis <br />54405 Northern Avenue <br />South Bend, IN 46635 <br />APPROVED <br />Board of Public Works <br />WATER ONLY <br />Mailing Address: Same <br />Glenn L. and Teresa A. Davis, owner 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 theh may now or hereafter have to <br />demonstrate against or otherwise interfere with, or oppose any pending or fixture annexation of th�Real Estate by the City of South <br />Bend. �r <br />In further consideration and to induce th City of South Bend to allow Owner to tap into the unicipal utilities (sewer and/or water) <br />of the City of South Bend, Owner, for them Ives and their successors and assigns, agrees an • stipulates irrevocably to vest in the City <br />of South Bend the permanent right, at the Ci 's discretion, to annex the Real Estate at any fj�ture time by duly authorized ordinance. <br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall <br />contain the waiver and release provisions containe herein, which provisions shall run Xith the land. <br />Pursuant to Chapter 17, Article 10, Section I7-86 o the South Bend Municipal C6de, Owner further acknowledges and accepts the <br />lly <br />Owner's obligation to pay a compact fee annuatot City of South Bend whiA for one municipal utility (water or sewer) is 30% <br />of the difference between the "Total County Rate" of'taxes and the "Total City/T wn Rate" and for both municipal utilities (water and <br />sewer) is 50% of such rate differential, which rates are se orth in the St. Jose County Auditor's annually published "Notice of St. <br />Joseph County Certified Tax Rates. <br />The delivery of any instrument of conveyance from the OWA to any <br />the terms of this document and the acceptance of such instrument shall <br />grantee, vendee, or contract purchaser and their successors in title. \ <br />Glenn L. Davis <br />°ssor, grantee, vendee or contract purchaser is subject to <br />titute an acceptance of the foregoing provisions by said <br />Teresa A. Davis <br />I affirm, under the pena�fties for perj , that I have taken <br />responsible care to re act each Social curity number in <br />this doclrrnent unies -required by law - <br />STATE OF FNDIANA <br />COUNTY OF ST. JOSEPH ) SS <br />Before me, a Notary Public in and for said Co my and State, personally appeared Gle L. and Teresa A. Davis and they <br />acknowledged the execution of the foregoing Conse/it to Annexation as thier voluntary act and ed. <br />WITNESS my hand and Notarial Seal <br />7`1 <br />A resident of St. Jos h County, Indiana. <br />My Commission <br />of <br />This instrument was prepared b�ladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. <br />F:IDATAISFIAREIENGINEERI WPDATAICONSP---NTCOM l .wpd <br />