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CONSENT TO ANNEXATION AND
<br />WAIVER OF RIGHT TO REMONSTRATE
<br />In consideration for permission to tap into the public sanitary sewer system of the City of South Bend,
<br />Indiana, to provide sanitary sewer service to the following described property, (hereinafter referred to as
<br />the "Real Estate"), situated in St. Joseph County, Indiana:
<br />A parcel of land in the Northwest Quarter of Section 20, Township 38 North, Range 3 East, being
<br />in Clay Township, St. Joseph County, Indiana being more particularly described as follows:
<br />Commencing at the Northeast comer of said Northwest Quarter, thence North 89052'54" West
<br />(bearing assumed) along the North line, also being the south line of Farmington Square, Unit 11,
<br />Part 1 to the Northwest corner of lrongate Estates, Section Six (instrument Number 9230733) a
<br />distance of 329.20 feet to the point of beginning; thence South 00'01' 18" East along the West line
<br />of said Section Six, 360.21 feet; thence South 79'12'53" East, 144.77 feet; thence South 59040'44"
<br />West, 93.04 feet; thence South 30016'17" West, 142.82 feet; thence along a curve to the right
<br />having a central angle of 01"37'30", a radius of 308.18 feet, subtended by a chord bearing South
<br />58054'59" East, 8.74feet to the North corner of lrongate Estates, Section Five (Instrument Number
<br />9208937); thence along the North line of said Section Five, South 31053'48" East, 30.00 feet;
<br />thence South 40'28'41' West, 146.89 feet; thence North 81 °29'26" West, 193.83 feet; thence South
<br />89°58'42" West to the East line of Carriage Hill Subdivision, Section 13 (Book 25, Page C-9),
<br />190.00 feet; thence North 00001'18" West along said East line to the Northeast corner of Carriage
<br />Hills Subdivision, Section 14 (Book 25, Page C-10) also being the North line of said Quarter
<br />Section, 670.03 feet; thence South 89°52'54' East along said North line, 335.00 feet to the point
<br />of beginning. Containing 6.30 acres more or less. Subject to easement, covenants or restrictions
<br />of record.
<br />Huntington Corporation, 1520 North Main Street, Mishawaka, Indiana 46545, owner of the Real Estate,
<br />(hereinafter "Owner"), for itself and its successors in title and assigns, waives and releases any and all right
<br />which it may now or hereinafter have to remonstrate against or otherwise object to, interfere with, or
<br />oppose any pending or future annexation of the Real Estate by the City of South Bend.
<br />In further consideration and to induce the City of South Bend to allow the Owner to tap into the public
<br />sanitary sewer of the City of South Bend, Owner, for itself and ifs successors and assigns, agrees hereby
<br />to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate
<br />at any future time by duly authorized ordinance.
<br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, its
<br />successors or assigns shall contain the waiver and release provisions contained herein, which provisions
<br />shall run with the land.
<br />The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or
<br />contract purchaser is subject to the terms of this document and the acceptance of such instrument shall
<br />constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and
<br />their successors in title.
<br />.Sec-1I61 N 7
<br />.ICON � A-IE C5 i7) iE5
<br />APPROVED
<br />BOARD OF PUBIC WORKS
<br />HUNTINGTON CORPORATION
<br />By: W, v) P,,
<br />Bruce D. Huntingto , President
<br />\` ' �)1
<br />Johnsoni, secretary/Treasurer
<br />
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