#2594- Deed; CONSENT TO ANNEXATION Sanitary Sewer

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0022270 Hold Recorded copy for: Board of Public Works t9. 919 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE In consideration for permission to tap into the public sanitary sewer system and/or water system of the city of South Bend, Indiana, to provide sanitary sewer service and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key #02-1093-4461.02 Key #02-1093-4473.01 Basney property on SR 933 North (Old US 31/33) Boan, Inc. Mailing address: Same 1 52203 SR 933 South Bend, IN 46367 Boan, Inc., owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title and assigns, waives and releases any and all right which they may now or hereafter have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South fiend to allow Owner to tap into the public sanitary sewer and/or water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall rutgfvith thdxnd. 0 The delivery of a rnstrumen f conveyance from the Owner to any sii 'cPR6'r;v t aittee, vendee Q> er tlRc't pu aser is subject to the erms of this do ument and the acceptance the ing pro v sions by said gra tee, vendee, or contract purchaser and then- successors in title. AV 2000 Ow er/Developerffrj nc. -� Before me, the undersigned, a Notary Public in and for said State, personally appeared Robert S. Basney acknowledged the execution of this Consent to Annexation and Waivar of Right to Remonstrate as his.-alnntary act and deed. STATE OF INDIANA ) ) SS: COUNTY OF ST. JOSEPH ) WITNESS my hand and Notarial Seal t1<li PrA A resident of St. Joseph County, Indiana. Joan Rusnak Commission Expires: Nolwy Public, State of Indiana t. Joseph County My Commission Expires 10/07/2006 This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601.