Petition and agreement for annexation of real estate

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r yy77 r1e�7' PETITION FOR ANNEXATION AND ANNEXATION AGREEMENT This Agreement,made and entered into this day of 1977, between the City of South Bend, An Indiana Municipal Corporation, hereinafter referred to as the "City" and Indiana Franklin Realty, Inc., An Indiana Corporation, hereinafter referred to as "Owner" and Edward Rose of Indiana, An Indiana Limited Partnership hereinafter referred to as "Developer ". WHEREAS, the City, Owners and Developer desire to have certain real estate annexed and incorporated within the corporate limits of the City of South Bend, A Municipal Corporation, of the State of Indiana, which real estate is as described in Exhibit A attached hereto, incorporated herein and made a part hereof. WHEREAS, the Owner is the record title holder of the subject property of this Annexation Agreement, and WHEREAS, the territory hereinabove described is adjacent to and contiguous to the said City of South Bend, County of St. Joseph, State of Indiana being presently situated in Penn Township, County of St. Joseph, State of Indiana; as attached hereto, made a part hereof and incorporated herein, is a scale map of the proposed territory to be annexed to the City of South Bend, Indiana showing the boundaries thereof, and its relation to the municipal cities involved, which map is marked Exhibit B, and WHEREAS, the Developer is proposing the construction of a garden apartment complex on the subject property of this Annexation Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the parties hereto agree that this Petition forAnnexation to the City (if' :)outh Bend is expressly: conditioned upon the Common Council (it' the City Of' South Bend adoptinfT arl annexation ordinance pi•nvidi_nir f'c,r' Lhe following: