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<br />Hold Recorded copy for: Board of Public Works
<br />CD 7 1 84Z173
<br />RECORDED AS PRESENTED ON
<br />05/10/2007 02:07:59PM
<br />TERRI J. RETHLAKE
<br />ST. JOSEPH COUNTY
<br />RECORDER
<br />REC FEE: $13.00
<br />PAGES: 1
<br />217 1 �.cf ,
<br />:ORUEU AS PRESENTED] ON
<br />0 24/2007 08X32AM
<br />SERRIOR�AKE
<br />�T JOSE REG'0Lj
<br />rnrHTY
<br />REt � Sim
<br />PAG :1
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGMENT 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
<br />Estate"), situated in St. Joseph County, Indiana:
<br />-499ijJ OF LAzes 5o B
<br />,Key //021-1073-2318, 021-1073-2367 and
<br />021-1073-2370, Lots 1183 to 1185 Lots
<br />1410 to 1415 and Lots 1416 to 1420. South
<br />West corner of Whitesell Drive and US 20 or
<br />Lincoln Way West
<br />Edward V. and Susan M. Goerke
<br />53771 Whitesell Drive
<br />South Bend, IN 46628
<br />SEWER ONLY
<br />Mailing Address: Same
<br />Edward V. and Susan M. Goerke, 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 they may now or hereafter have
<br />to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of
<br />South Bend.
<br />In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or
<br />water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest
<br />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
<br />ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns
<br />shall contain the waiver and release provisions contained herein, which provisions shall run with the land.
<br />Pursuant to Chapter 17, Article 10, Section 17-86 of the South Bend Municipal Code, Owner further acknowledges and accepts the
<br />Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility
<br />watr or seweris
<br />30 /o of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both (muni c pal t 1 ties
<br />(water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published
<br />Notice of St. Joseph County Certified Tax Rates.
<br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject
<br />to the terms of this document and the acceptance of such instrument shal l constitute an acceptance of the foregoing provisions by
<br />said grantee, vendee, or contract purchaser and their successors in title.
<br />Edward V. Goerke
<br />L
<br />Susan M. Goerke Board of Public Works
<br />STATE OF INDIANA ) 7
<br />SS: (hi , U�.
<br />COUNTY OF ST. JOSEPH )
<br />Before me, a Notary Public in and for said County and State, personally appeared Edward
<br />acknowledged the execution of the foregoing Consent to Annexation as thier voluntary act and deed. -they
<br />WITNESS my hand and Notarial Seal this h
<br />/ C,5�' �
<br />Day of v!�C 2007.
<br />n (Written Signat re) I affirm under the penalties for perjury, ak
<br />reasonable care to redact each Social Security numbere
<br />rtnte Pin thedocument, unless required by law (name)
<br />A resident oh11 iF,e! L• (tir (� �
<br />My Commission Expires: �► .•'�',
<br />This instrument was re red by Aladean QeRose, Assistant City Attorney, 1400 County -City Building, So 46601. h' ty g, South Bend, Indiana
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