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082--:)3;23 <br />[Z)8a11S _;781-3 <br />RECORDED AS PRESENTED ON <br />roldRecorded copy for: <br />RECORDED AS PRESENTED ON <br />09/08/2008 10:05:54AM <br />TERRI J. RETHLAHE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC FEE: S15.00 <br />PAGES: 1 <br />08/13/A008 02:48:55PM <br />TERRI JR, 'KE <br />ST. JOS ��COUNCOUNTY <br />REC FEE: 12.00 <br />PAGES: I <br />Board of Public Works - - -- - ----^ — _ .----- <br />CONSENT TO ANNEXATION, WAIVE <br />AND ACKNOWLEDGMENT O� r <br />In consideration for permission to tap into the municipal utility system (w <br />order to provide sanitary sewer and/or water service to the following de <br />Estate"), situated in St. Joseph County, Indiana: <br />Key 4001-1016-0328.09 Lot 9 - Locust Knolls <br />Estates, South of Jackson Road on West side of Locust. <br />5r_c- a. �409,1N <br />Lloyd 0. and Beatrice L. Sandsmark <br />60209 Locust Road <br />South Bend, In 46614 <br />Lloyd 0. and Beatrice L. Sandsmark, owners of the Real Estate, (herein: <br />title, assigns, and personal representatives, hereby irrevocably waive and ref <br />have to remonstrate against or otherwise interfere with, or oppose any pendir <br />South Bend. <br />in <br />gal <br />1 <br />in <br />r <br />Df <br />In further consideration and to induce the City of South Bend to allow Owner to tap into the municipal utilities (sewer and/or <br />water) of the City of South Bend, Owner, for themselves and their successors and assigns, agrees and stipulates irrevocably to vest <br />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 <br />ordinance. <br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns <br />shall contain 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 <br />Owner's obligation to pay a compact fee annually to the City of South Bend which for one municipal utility (water or sewer) is <br />30% of the difference between the "Total County Rate" of taxes and the "Total City/Town Rate" and for both municipal utilities <br />(water and sewer) is 50% of such rate differential, which rates are set forth in the St. Joseph County Auditor's annually published <br />"Notice of St. Joseph County Certified Tax Rates. <br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject <br />to the terms of this document and the accep nce of such instrument shall constitute an acceptance of the foregoing provisions by <br />said grantee, vendee, or contract purchaser kid t eir successors in title. <br />Lloyd 0. Sandsmark Beatrice L. Sandsmark tii'Pu;)VED <br />;Hoard of ,hoc, Word:.: <br />AUG / � . 8 <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 Lloyd O. and Beatrice L. Sandsmark, and they <br />acknowledged the execution of the foregoing Consent to Annexation as their his voluntary act and deed. <br />WITNESS my hand and Notarial Seal this t Day of ��'� r 2008. <br />p i Af 164ic <br />IrI <br />My C <br />,(Written Signature) <br />I affirm, under the penalties for perjury, that I have taken responsible care to redact each Social Security number in this document <br />unless required by law: Anthony P. Molnar <br />This instrument was prepared by Aladean DeRose, Assistant City Attomcy, 1400 County -City Building, South Bend, Indiana 46601. <br />PWATAISI IARE\ENGINEER\WPDATA\CONSENTCOM.wpd <br />