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Hold Recorded copy For: Board of Public W <br />obisoos <br />CONSENT TO ANNEXATION AND <br />WAIVER OF RIGHT TO REMONSTRATE <br />In consideration for permission to tap into the public sanitary sewer system and/or water system of the city of South <br />Bend, Indiana, to provide sanitary sewer service and/or water service to the following described property, (hereinafter <br />referred to as the "Real Estate"), situated in St. Joseph County, Indiana: <br />Key #21-1038-0626.08 Lot 7, West Pointe Estates <br />West Point Development Company Mailing address: Same <br />PO Box 1474 <br />South Bend, 1N 46624 <br />West Point Development Company, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors <br />in title and assigns, waives and releases any and all right which they may now or hereafter have to remonstrate against <br />or otherwise object to, interfere with, or oppose any pending or future annexation of the Real Estate by the City of South <br />Bend. <br />In further consideration and to induce the City of SouthBendto allow Owner to tap into the public sanitary sewer <br />and/or water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest <br />in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any fixture time by <br />duly authorized ordinance. <br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors. <br />or assigns shall contain the waiver and release provisions contained herein, which provisions shall runt with the land. ' <br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser1 <br />is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of thej <br />foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. t <br />Robert Culp, Presidt tt <br />West Pointe Development Company <br />Before me, the undersigned, a Notary Public in and for said State, personally appeared Todd Graham, MD, <br />acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and <br />deed. <br />STATE OF INDIANA ) <br />) SS: <br />COUNTY OF ST. JOSEPH ) <br />:•;.-WITNESS.roy li<<nd and Notarial Seal this a <br />(Writ n Signature) <br />CD <br />--ZLNPrinted <br />resident of St. Joseph County, Indiana. <br />`Si�w�,. -r • ems. <br />Commission Expires: U <br />M a k 2i <br />cm <br />Q <br />,Q t <br />,oard of <br />,PR 0 3 2F1 <br />This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 4660I. <br />