#3208- Deed; CONSENT TO ANNEXATION-WATER Wilmette Park 3rd Addition - East side of 26th Street just South of Hepler Street

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3ZO8 0-72IZ)E�S?4 RECORDED AS PRESENTED ON 05/30/2007 08:55:43AM TERRI J. RETHLAHE ST. 30SEPH COUNTY RECORDER --� — REC FEE: 512.00 �y -- � PAGES: 1 Hold Recbrded copy for: Board of Public Works CONSENT TO_ANNEXAT[ON, 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: Key #002-2155-7045 Lot 503, Wilmette Park 3' Addition — East side of 26a' Street just South ofHepler Street Heather R. Birky 54510 26's Street South Bend, IN 46635 WATER ONLY Mailing Address: Same Heather R. Birky, 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 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. STATE OF INDIANA } ) SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Heather R. Birky, and she acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. WITNESS my hand and Notarial Seal this Day of G 2007. ( ritten ignature) APPROVED r L 1-� Board of Public Works Printed) ' A resident of My Co '9jon Kxpires: 1 'Mis instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document unless required by law: Anthony P. Molnar f:1DA'fA1SHARCIENGINEER%WPDA'rA�CONSENTCOM.%Ypd