#3247- Deed; CONSENT TO ANNEXATION-WATER Lot 20 and W half of Lot 21 Vandergracht's Sub - S. Side of DuBois Ave. just West of Lily Road and North of Cleveland Ave.

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j�Z �7 �e�219Z-E5,C3 RECORDED AS PRESENTED ON Hold corded copy for: \___- -1 09/09/2008 09:42:21AM TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER REC FEE: $12.00 PAGES: 1 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 9002-1152-7008 Lot 20 and W 1/2 of Lot 21 Vandergracht's Sub — S side of DuBois Avenue just West of Lilly Road and North of Cleveland Road. Christina Stout 19584 DuBois Avenue South Bend, In 46637 SEWER ONLY Mailing Address: Sarne Christina Stout, 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 Pate" of tne•ac anel tk, " r1 tal un.e11 -a f .1. fvh L,Tttities (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 terns 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. Christina Stout STATE OF INDIANA ) ) SS: COUNTY OFSTJOSEPH ) Before me, a Notary Public in and for said County and State, personally appeared Christina Stout, and she acknowledged the execution of the foregoing Consent to Annexation as her voluntary act and deed. l W1Tl t8SS my hand and Notarial Seal this t�J� V l.!57 Day of d [Z !f 2005. t APPROVED ritten Signature)Board a Public iiForf:s _';�� (Printed) SAP _2 ?4 'T / ,J j �L� �'l f ; • A resident of f , - My Commission Expires: 1 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:\DATA\Si-IARE\ENGIN EER%W PDATA\CONSENTCOM.wpd