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