#3217- Deed; CONSENT TO ANNEXATION-WATER Lot 1, Heavner Ireland Road Minor, North Side of Ireland Road, West of Locust Road

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RECORDED AS PRESENTED ON 08/16/2007 01:51:259,M TERRI J. RET14LAKE ST. JOSEPH COUNTY RECORDIwr: REC FEE: $12.00 PAGES: 1 Hold Recorded copy IF, : Board of Public Works —CONE - NNEXATiON, 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 #001-1015-0310.01 Lot 1, Heavner Ireland Road Minor - North side of Ireland Road, West of Locust Road David and Gloria Chokey 21641 Ireland Road South Bend, 1N 46614 WATER ONLY Mailing Address: 5119 Redbud Lane South Bend, IN 46619 David and Gloria Chokey, 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 sat grantee, vendee, or contract purchaser and their successors in title. il .`APPROVED A,u� David Chokey B_ ai d of .Public WoAgGloria Chokey STATE OF INDIANA ) /�liu 1 ) SS: ..� COUNTY OF ST_ JOSEPH ) Before me, a Notary Public in and for tC_and 54G,-per-&enally appeared David and Gloria Chokey, and they acknowledged the execution of the foregoing onsent to Annexation as thier voluntary act and deed. WITNESS my hand and Notarial Seal this I Lf Day of dtkn.�2007. (W ' n Si nature Pnnte ) A resident of Eaun qa My Commission Expires: - 15 u Emily R. Platte Notary Public Residence Of Berrien County, MI W.1 Cni7+n'issirm Expires 9-15-2007 Tk^0T �—' .. aQ -A^ —A by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana BDA,r S1IARIIENGINEERIWPDATAICONSENTCOM.wpd