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RECORDED AS PRESENTED ON
<br />06/11/2007 02:46:53PVI
<br />TERRI J. RETIILAI<E
<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 to t .p into the municipat utility systezn (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 #002-1113-5702 — Lot 1, Keultjes Darden
<br />Road Minor Subdivision —N/E comer of
<br />SR 933 and Darden Road (Walgreen Drugs).
<br />Roseland Green, LLC
<br />Thomas Murray, Member
<br />2640 Golden Gate Parkway
<br />Naples, Florida 34105
<br />WATER AND SEWER
<br />Mailing Address: Same
<br />Roseland Green, LLC, Thomas Murray, Member, owner of the Real Estate, (hereinafter "Owner"), for themselves and their
<br />successors in title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now
<br />or hereafter have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate
<br />by the City of 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, ven4contrhaser and their successors in title.
<br />APPROVED
<br />Board (A Public Works
<br />Roseland Green,
<br />Thomas Murray, Member
<br />�rijy 1 I �Oa7
<br />STATE OF FLORIDA
<br />SS: `
<br />COUNTY OF COLLIER )
<br />Before me, a Notary Public in and for said County and State, personally appeared Roseland Green, LLC, Thomas Murray,
<br />Member, and he acknowledged the execution of the foregoing Consent to Annexation as hi voluntary act and deed.
<br />WITNESS my hand -an Notarial Seal this `.Z ��`Fr, Day of �)) Ld 2007.
<br />(Written Signature)
<br />Printed}
<br />A resident of CO I r DLt—�L otwY ^o,! N'otsry Public State of Florida
<br />Patrirrt Leeper
<br />My Commission Expires: 3,7 d D i
<br />o My Commission DIM04583
<br />Exp;res 05/0812009
<br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.
<br />I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document
<br />unless required by law: Anthony P. Molnar
<br />p:1DATA\SI-1ARE\ENGIN}~ER\ WPDATA\CONSENTCOM.wpd
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