#3207- Deed; CONSENT TO ANNEXATION-SEWER South West corner of Whitesell Drive and US 20 or Lincolnway West

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QD7 1 8iD7Z-3 RECORDED AS PRESENTED ON 05/10/2007 02:07:59PM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $13.00 PAGES: 1 Hold Recorded copy for: Board of Public Works ORDER AS PRESENTED ON /2007 0$X32AM TERRI^- RE LAKE 5T. JOSE COUNTY REC F E: 512� PAG 1 CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT 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: Giljy id OF L AZ# c-5 0 f 3 Key #02I-I073-23I8, 02I-I073-2367 and 021-I073-2370, Lots 1183 to 1185, Lots 1410 to 1415 and Lots 1416 to 1420. South West corner of Whitesell Drive and US 20 or Lincoln Way West Edward V. and Susan M. Goerke 53771 Whitesell Drive South Bend, IN 46628 SEWER ONLY Mailing Address: Same Edward V. and Susan M. Goerke, 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 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 pubiished "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 *t,o f-- ..rthie finenment and the accentance of such instrument shall constitute an acceptance of the foregoing provisions by