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0 7 4 7 9 9 5 E <br />0747995 <br />RECORDED AS PRESENTED ON <br />12/12/2007 01:46:00PM <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 ACKNOWLEDGEMENT 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 order to <br />provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. <br />Joseph County, Indiana: <br />q.1217 <br />Key g 02-1113-5718 -- Lot-1,•-Wenzel Minor Sub 6 T <br />West Side of Lily Road North of Cleveland Road WATER ONLY Lf A-I�J� <br />Joe Majewski, and Shirley Majewski <br />52431 Lily Road Mailing Address: Same <br />South Bend, IN 46637 <br />Joe Majewski, and Shirley Majewski, 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 to <br />demonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate 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 water) of the <br />City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest in the City of South Bend <br />the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. <br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain <br />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 Owner's <br />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 <br />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 <br />rate differential, which rates are set forth in the St. Joseph County Auditor's annually published "Notice of St. Joseph County Certified Tax <br />Rates. <br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terms <br />of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or <br />con act purchaser and their successors in title. <br />APPROVED <br />c Majewski I affirm, under the penalties for perjury, that I have taken Shirley ewski 4oard of Public Works <br />responsible care to redact each Social Security number in <br />this documrnt unless required by l w: I Z�) z107 l 7��� <br />a1►�t;�oJaf h a , e is -- <br />STATE OF INDIANA ) <br />SS: <br />COUNTY OF ST. JOSEPH ) <br />Before me, a Notary Public in and for said County and State, personally appeared Lake George W. Becker and Norma L. Becker <br />and thev icknowledged the execution of the foregoing Consent to Annexation as thier voluntary act <br />and dee <br />WITNESS my hLad a,.J Notarial Seal this <br />A 9,7x' lEawrl a? <br />(Written Signature) �) 9!r� �".,�il9t7d�3ah?iZ G%ep;r£a Sek 27 205 <br />(Printed) <br />A resident of St. Joseph County, Indiana. <br />My Commission Expires: <br />This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City building, South Bend, Indiana 4660 I. <br />1':1DATAISI IAREIENGINEERIWPDATAICONSEN,rcom 1.wpd <br />