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PETITION FOR VOLUNTARY ANNEXATION AND ANNEXATION AGREEMENT <br />N This Agreement, made and entered into this / �p-1-L day of <br />1985, between the City of South fiend, an Indiana municipal corporation, <br />hereinafter referred to as the "City" and Indiana Franklin Realty, <br />Inc., an Indiana corporation, hereinafter referred to as "Owner" and <br />Edward Rose of Indiana, an Indiana limited partnership hereinafter <br />referred to as "Developer". <br />WHEREAS, the City, Owner and Developer desire to have certain real <br />estate annexed and incorporated within the corporate limits of the City <br />of South Bend, a municipal corporation, of the State of Indiana, which <br />real estate is as described in Exhibit A attached hereto, incorporated <br />herein and made a part hereof; and <br />WHEREAS, the Owner is the record title holder of 100% of the real <br />estate described in Exhibit A, which Developer intends to purchase from <br />Owner; and <br />WHEREAS, the real estate hereinabove described being presently situated <br />in Penn Township, County of St. Joseph, State of Indiana is adjacent to <br />anti contiguous with the said City of South Bend along 73.8% of the <br />boundary of said real estate, as shown on the map attached hereto, made <br />apart hereof, incorporated herein and marked Exhibit B; and <br />WHEREAS, the Developer is proposing the construction of a garden <br />apartment complex on the above described real estate. <br />NOW, THEREFORE, in consideration of the foregoing and the mutual <br />covenants and agreements set forth herein, the parties hereto agree <br />that this Petition for Annexation to the City of South Bend is <br />expressly conditioned upon the Common Council of the City of South Bend <br />adopting an annexation ordinance providing for the following: <br />A. The Owner is the fee simple title holder of 100% of the land in <br />the real estate described in Exhibit A attached hereto and does <br />hereby petition the Common Council of the City of South Bend for <br />voluntary annexation of and to bring within the boundaries of the <br />City the real estate described herein. <br />B. The City agrees that the Developer may connect to existing water <br />mains of the City located along Inwood Road and Topsfield Road and <br />I of 5 <br />