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RECORDED AS PRESENTED ON <br />06/11/2007 02:46:31PM <br />TERRI J, RETI-ILAKE <br />ST. JOSEP11 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 #002-2061-2628 — Lot 19, Hagey Linda Plat <br />Last lot on North side of Hagey Street and <br />West of SR 23. <br />Timothy R. and Kelly S Gritten <br />17221 Hagey Street <br />South Bend, In 46635 <br />T1,is instrimer?t w?s pfeppred by Aladea:n DeRoso, <br />Assistant Attorney, 1400 County -City Building, South <br />Bend, Indiana 46601 <br />WATER ONLY <br />Mailing Address: Same <br />Timothy R. and Kelly S Gritten, owners 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 amiex 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 />prof-t r u tea. a-r ao a-y CAr r..«-�r:rr rant; .,.�.:o�� .-a —nee to,-ih .,, ��� Se. Jo 'j, C---ty Auditor's annually publishad <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 an he acceptance of such instrument shall constitute an acceptance of the foregoing provisions by <br />sai/d,grantee, vende , or contract rehase and their successors in title. <br />6A",� "A r <br />ROVED <br />Timothy R. Gritten,. Kelly S G <br />oard of Public Works <br />�� �,.;� .r I affirm under the penalties for perjury, that I have taken <br />;y ..: reasonable care to redact each Social Security number *Gritten, <br />STATE OF iNDIA1?in this document, unless required by law (name) <br />COUNTY OF VIGO;Before me, a Notary Public in and for said County and State, personally appeared Timothy R. and Kclly Shey <br />acknowl'edged,the execution of the foregoing Consent to Annexation as their voluntary act and deed. <br />WITNESS my .hand an otarial Seal this Day of / ' / 2007. <br />(Written ' at re ( %� <br />�i�.Sh)/1 � .i�ATAVII , �il�4d,_a v �l /1�u � �. e��ir�,s �/�/J� a ��9 <br />