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071 e6a9 <br />RECORDED AS PRESENTED ON <br />05/15/2007 09:24:16AM <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: $12. 00 <br />PAGES: 1 <br />Hold Recorded copy for: Board of Public Works <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 />Key 4001-I079-2638 Lot 26A, Jewelwood <br />Addition, Keifer's Replat- South side <br />of Opal Street, West of Ruby Street <br />David L. Kahlmorgan and Carol Prosser <br />20350 Opal Street <br />South Bend, IN 46614 <br />WATER ONLY <br />Mailing Address: Same <br />David L. Kahlmorgan and Carol Prosser, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in <br />title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter <br />have 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 (water or sewer) is <br />30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities <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 shall constitute an acceptance of the foregoing provisions by <br />said grantee, vendee, or contract purchaser and their successors in title. <br />David L. Kahlmor an APPROVED <br />g Carol Prosser Board of <br />STATE OF INDIANA <br />COUNTY OF ST. JOSEPH SS: <br />Before me, a Notary Public in and for said County and State, personally appeared David L. iamtor <br />and they acknowledged the execution of the foregoing Consent to Annexation as t ier volu <br />WITNESS my hand and Notarial Seal this Day of 2007. <br />I� <br />I affinil under the penalties for perjury, that I have taken <br />(Printed) <br />reasonable care to redact each Social Security number <br />this doc neat, unless required by law (name) <br />t ' <br />MY Co . <br />"ior <br />This instm el, pared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend Indiana <br />46601. <br />RWATMS1MRDENGfNEER1WPDATAICONS) NTCOM.wpd <br />