#3206- Deed; CONSENT TO ANNEXATION-SEWER AND WATER The North Half of the Northeast Quarter and the Northeast Quarter of the Fractional Northwest Quarter of Section 18, Township 38 North, Range 3 East, Clay Township

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� I�...Il ..J,�r -M- Y...F �.: i. It �.1• lf!'y' RECORDED AS PRESENTED ON 05/01/2007 01:28:49pM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER �� REC FEE: $12.00 PAGES: 1 I lold Recorded copy for: Board of Public Works CONSENT TO ANNEXATION, WAIVER Or RIGHT TO REMONSTRATE AND ACKNOWLEDGEMENT Of CITY COMPACT FEES 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 sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: LEGAL DESCRIPTION: The North Half of the Northeast Quarter and the Northeast Quarter of the Fractional Northwest Quarter of Section 18, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana; more particularly described as follows: Beginning at the Northeast comer of said Section 18, which comer being marked by a Harrison Monument, also being State Plane Coordinate Station Number 686, record as maintained in the office of County Surveyor of said County; thence South 0 Degrees 18 Minutes 32 Seconds East along the East line of said Northeast Quarter, a distance of 1323,37 feel to the Southeast Corner of said North half of the Northeast Quarter; thence South 89 Degrees 23 Minutes 39 Seconds West along the South line of said North half, a distance of 2641.52 feet to the Southwest corner of said North Half, which comer being South 0 Degrees 23 Minutes 23 Seconds East, a distance of 1323.69 feet from the Northwest corner of said North half; thence South 89 Degrees 01 Minute 30 Seconds West along the South line of the North half of said fractional Northwest Quarter, a distance of 1310.89 feet to the Southwest comer of said Northeast Quarter of the fractional Northwest Quarter; thence North 0 Degrees 00 Minutes 20 Seconds West along the West line of said Northeast Quarter, a distance of 1318.39 feel to the Northwest corner of said Northeast Quarter, said corner being thence North 88 Degrees 47 Minutes 13 Seconds East, a distance of 1141.77 feet from the Northwest comer of said Section 18, which corner being marked by a Harrison Monument, also being State Plane Coordinate Station Number 692, as maintained in said Office of County Surveyor; thence North 88 Degrees 47 Minutes 13 Seconds East along the North line of said Fractional Northwest Quarter, a distance of 1302.11 feet to the Northeast corner of said Northeast Quarter; thence North 89 Degrees 24 Minutes 04 Seconds East along the North line of said Northeast Quarter, a distance of 2643.39 feet to the point of beginning; said described tract containing 119.904 acres, more or less subject to any restrictions, easements, covenants and right of way of record. Said property to be developed as the Bradford Shores Subdivision. Adams Road Development 11 Corporation David If. Eckrich, President 51013 Gumwood Road Granger, IN 46530 SEWER AND WATER Mailing Address: Same Adams Road Development 11 Corporation, David 1-1. Eckrich, President, 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 remonstrate against or otherwise interrcrc 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, a�rces 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 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 Cityfrown Rate" and for both municipal utilities (water and sewer) is 50% of such rate differential, which rates arc 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. �- .-,> a— .kn APPROVED RoArd of Public Works Adams Road Development 11 Corporation David 1-1. Eckrich, President r1 2007� STATE OF INDIANA ) SS: COUNTY OF ST. JOSEPH } Before me, a Notary Public in and for said County and State, personally appeared Adams Road Development 11 Corporation, David 1-1. Eckrich, President, and he acknowledged the execution oFthe foregoing Consent to Annexation as his voluntary act and deed. Witness my hand and Notarial Seal this )i Day of f«t�-►C 2007 (Written Signature) MARY BETH MARSOLAIS;•Noiery Public ;;= A Resident of St. JoSePh County. (Printed) ( ;:�.a? Stale of Indiana � ! Poly Commission Expires July 21~, 2008 A resident of St. Joseph County, Indiana. My Commission Expires: �` This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, IN 46601. ;. F:IDATA1.ShIAREIENGINEEIt1WPDATAICONSEN' FOR SUBS I affirm under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in th}'� �document unless l;e_gt} fired by law (name)