Annexing to and Bringing within the City limits of South Bend

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• PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT This Agreement, made and entered into this CO-6J- day of L-77,15, 1985, 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, Owner 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 ; and WHEREAS, the Owner is the record title holder of 100% of the real estate described in Exhibit A, which Developer intends to purchase from Owner; and WHEREAS, the real estate hereinabove described being presently situated in Penn Township, County of St . Joseph, State of Indiana is adjacent to and contiguous with the said City of South Bend along 73.8% of the boundary of said real estate, as shown on the map attached hereto, made apart hereof, incorporated herein and marked Exhibit B; and WHEREAS, the Developer is proposing the construction of a garden apartment complex on the above described real estate. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements set forth herein, the parties hereto agree that this Petition for Annexation to the City of South Bend is expressly conditioned upon the Common Council of the City of South Bend adopting an annexation ordinance providing for the following : A. The Owner is the fee simple title holder of 100% of the land in the real estate described in Exhibit A attached hereto and does , . . •