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old Recorded copy for:
<br />tD8�-332�
<br />RECORDED AS PRESENTED ON
<br />09/08/2008 10:05:54AH
<br />TERRI J. RETHLAKE
<br />ST. RECOPH RDEROUNTY
<br />REC FEE: S;15.00
<br />PAGES: 1
<br />Board of Public Works
<br />ID 7 8'3
<br />RECORDED 1AS PRESENTED ON,
<br />08/13/ 008 02:48:56PM
<br />TERRI 1. EC
<br />KE
<br />ST. JOS COUNTY
<br />REC FEE :12.00
<br />PAGES: 1
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGMENT 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
<br />order to provide sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real
<br />Estate"), situated in St. Joseph County, Indiana:
<br />Key #001-1016-0328.09 Lot 9 —Locust Knolls
<br />Estates, South of Jackson Road on West side of Locust. Cti�,�
<br />5V.C, a 14ata7N `ONLY
<br />Lloyd O. and Beatrice L. Sandsmark
<br />60209 Locust Road Mailing Address: 53350 Roseword Road
<br />South Bend, In 46614 New Carlisle, IN 46552
<br />Lloyd 0. and Beatrice L. Sandsmark, owners of the Real Estate, (hereinafter "Owner"), for themselves and their successors in
<br />title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter
<br />have to remonstrate against or otherwise interfere with, or oppose any pending or future annexation of the Real Estate by the City of
<br />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
<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 bid �teir successors in title.
<br />A "Owkalll�
<br />Lloyd 0. Sandsmark Beatrice L. Sandsmark j1P11Yi)VED
<br />Board ul i'uhlfc, W'"L
<br />AUG � . 8
<br />STATE OF INDIANA } J.
<br />SS:
<br />COUNTY OF ST JOSEPH )
<br />Before me, a Notary Public in and for said County and State, personally appeared Lloyd 0. and Beatrice L. Sandsmark, and they
<br />acknowledged the execution of the foregoing Conte/sent to Annexation as their his voluntary act and deed.
<br />WITNESS my hand and Notarial Seal this ( Day of rw'� ?�� J 2008.
<br />(.C,./}
<br />i f �2@id'1
<br />My Commisg%9>1:'xp
<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 Attorney, 1400 County -City Building, South fiend, Indiana 46601.
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