#3249- Deed; CONSENT TO ANNEXATION -SEWER Lot 10 Dougdale Acres 1st Add - SE Corner of McErlain Street and SR 23

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�ai�hh �o� Jss Hold Recorded copy for: Board of Public Works r ccnRD - " A 41. PRESENTED ON ` 10/1.3/2008 02:33:1,pM TERIR:C J. RETHLAKE ST. JOSEP COUNTY RECOM)ER REC FEE: t5i2. as PAGES: 1 CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES In consideration for pennission 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 #002-2151-6966 Lot 10 Dugdale Acres I51 Addition — S/E corner of McErlain Street and State Road 23 SEWER ONLY Jeffery S Mader d 7990 S. 12. 03 Mailing Address: Same South Bend, In 46635 Jeffery S Mader, 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 acknowedg les and accepts the Owner's obligation to pay a compact tee annuauy to uIC %.uy yr OVUM 1-1, _.__ ..__.,: 30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal u[ilrties (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. Jeffery S Mader OFFICIAL SEAL •'": MICHAEL E. WILLIAMS STATE OF 1NDIANA } NOTARY PUBLIC-INDIANA SS: ST, JOSEPH COUNTY COUNTY OF ST JOSEPH ) 4` My Comm. Expires March 3, 20t6 Before me, a Notary Public in and for said County and State, personally appeared Jeffery S execution of the foregoing Consent to Annexation as his voluntary act and deed. WITNESS my hand and Not al al tJzis 1 S Day of d� ► o g� 2008. (Written Signature) (Printed) A resident of 1 Q NF� ti P' My Commission Expires: r'—A P L 0 3 2 O Mader and he acknowledged the AOIIkOVED ISMnrd ui Public Work} 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 'rhis instrument was prepared by Aladcan DeRose, Assistant City Attomey, 1400 County -City Building, South Bend, Indiana 46601. F:\DATA\Sl-1 ARE\ENGINEER\W PDATA\CONSENTCOM.wpd