#3234- Deed; CONSENT TO ANNEXATION-WATER Northeast corner of Lexington Ave. and Lawrence Street, Lot 47 of Alwards 1st Add to Ardmore

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GJorkS RECORDED AS PRESENTED ON 04/16/2008 09:39:17AM TERRI J. RETHLARE ST. JOSEPH COUNTY RECORDER REC FEE: $12.00 PAGES: 1 py for: Board of Public Works CONSENT TO ANNEXATION, 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 #017-1027-0599 Northeast corner of Lexington Avenue and Lawrence Street Lot 47 of Alwards I" Add to Ardmore John M. and Sheryl N. Miner 55340 Lexington Avenue South Bend, In 46628 WATER ONLY Mailing Address: 8303 East350 North Rolling Prairie, 1N 46371 John M. and Sheryl N. Miner, owners 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 said grantee, vendee, or contract purchaser and their successors in title. 4 ' APPI�CD� She 1 N. ner 1—Jo m Miner f�nard o€_ l�ul�[fic �4'oelbs APR 4 STATE OF 1NDIANA ) SS: COUNTY OF ST JOSEPH ) t^ Before me, a Notary Public in and for said County and State, personally appeared John M. and Sheryl N. Miner and they acknowledged the execution of the foregoing Consent to Annexation as their voluntary act and deed. WITNESS my hand and Notarial Seal this Day of _2008. (Written Signature) Printed r 'f A resident of My Commission Expires:-✓� S2 b I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document unless required by law: Anthony P. Molnar This instrument was prepared by Aladean DeRose, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601. F:1DATAVS H AREIEN G IN EER1 W PDATAICON SE-NTCOM. wp d