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Mold Recorded copy for: Board ol-Public Works <br />®()JL(3®®9 <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 Qfithe pity of South <br />Bend, Indiana, to provide sanitary sewer service and/or water service to the following describog ppgrtyp piereinafter <br />referred to as the Real Estate"), situated in St. Joseph County, Indiana: WOrKs <br />Key #2I-1038-0626.03 Lot 2, West Pointe Estates PR 0 3 20i0t0 <br />West Point Development Company Mailing address: Same <br />PO Box 1474 <br />South Bend, IN 46624 <br />West PointDevelopment Company, owner ofthe 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 />orotherwise 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 South Bend to 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 Future time by f <br />duty 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 run with the land. r <br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser" <br />is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the <br />foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. <br />r <br />Robert Culp, Presiden <br />West Pointe Develop i ent 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. co CZ) <br />0 <br />STATE OF INDIANA <br />SS:'a' <br />COUNTY OF ST. JOSEPH ) r�i <br />WITNESS my hand and N tarial Seal this___ 1 Day of �� ``�"l 2000 - _ <br />(Writt n Signature)U <br />y Q C- / — if"\, �G' <br />Printed <br />tcsident of St. Joseph County, Indiana. <br />,s1imt�isfon Expires: <br />y0?- <br />:`i tv <br />1. E, <br />APR 2000 <br />BOARD C} PUBLIC ORKS <br />ANGEL,g( K. .lACOB, C F�K <br />This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 46601. <br />