#2630- Deed; CONSENT TO ANNEXATION 46&47 Fernwood Phase One & Two

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Hold Recorded copy for Board of Public Works 0028494 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 scr<,ice and/or water service to the following described propert her referred to as the "Real Estate"), situated in St. Joseph County, Indiana: �.�> (hereinafter Talip Ahvay, President —� p Alway Development Corporation 61679 Brocnpton Road South Bend, IN 46617 Legal Description: FERNWOOD PHASE TWO AND LOTS 46 AND 47 IN FERNWOOD PHASE ONE �-- N LOTS 46 AND 47IN FERNWOOD AT CLEVELAND, SECTION THREE SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 9505755 IN THE OFFICE OF THE ST. JOSEPH COUNTY RECORDER, DUNDER INDIANA. AND A PART OF THE EAST HALF OF THE NORTHWEST QUARTER AND A PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 30, WHICH CORNER BEING MARKED BY A BY A HARRISON MONUMENT (FLUSH WITH PAVEMENT); THENCE SOUTH 89 DEGREES 36 MINUTES 46 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 26.60 FEET TO THE NORTHEAST CORNER OF KEULT]ES MINOR SUBDIVISION AS RECORDED UNDER INSTRUMENT NUMBER 7908336 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE SOUTH 0 DEGREES 12 MINUTES 36 SECONDS EAST ALONG THE EAST LINE OF SAID MINOR SUBDIVISION. A DISTANCE OF 1313.60 FEET TO THE SOUTHEAST CORNER OF SAID MINOR SUBDIVISION, ALSO. BEING THE SOUTHWEST CORNER OF ARNOLD'S SUBDIVISION AS RECORDED IN PLAT BOOK 18 PAGE A-1, IN SAID OFFICE OF RECORDER AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 26 MINUTES 07 SECONDS EAST ALONG THE SOUTH LINE OF SAID ARNOLD'S SUBDIVISION, A DISTANCE OF 322.33 FEET TO A FOUND THREE-QUARTER INCH PINCH PIPE (0.1 FOOT ABOVE GROUND), WHICH POINT BEING WEST 2.67 FEET FROM THE RECORD SOUTHEAST CORNER OF SAID ARNOLD'S SUBDIVISION: THENCE SOUTH 0 DEGREES 33 MINUTES 23 SECONDS EAST, AD ISTANCE OF455.95 FEET TO SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 9920448 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 42 MINUTES 57 SECONDS EAST PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 503.96 FEET TO A POINT ON THE EAST LINE OF THE WEST 48.5 ACRES OF SAID WEST HALF; THENCE SOUTH 0 DEGREES 10 MINUTES 38 SECONDS EAST ALONG SAID EAST LINE, A DISTANCE OF 686.85 FEET TO A POINT ON THE NORTHERLY LIMITED ACCESS RIGHT OF WAY OF THE EAST -WEST INDIANA TOLL ROAD; THENCE NORTH 87 DEGREES 03 MINUTES 56 SECONDS WEST ALONG SAID TOLL ROAD RIGHT OF WAY, A DISTANCE OF 1198.60 FEET TO A THREE-QUARTER INCH IRON PIPE MONUMENT M THE SOUTHWEST CORNER OF A TRACT OFLAND AS RECORDED UNDER INSTRUMENT 9318537 ARKING OFFICE OF SAID RECORDER; THENCE NORTH 0 DEGREES 02 MINUTES 00 SECONDS WEST, A DISTATHE NCE OF 4I5.68 FEET TO THE CENTERLINE OF KINTZ ROAD AS THE SAME IS SHOWN AND DESIGNATED ON THE UNRECORDED PARTITION PLAT OF THE PETER J. KINTZ ESTATE; THENCE NORTH 0 DEGREES 20 MINUTES 45 SECONDS WEST, A DISTANCE OF 25.00 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS RECORDED UNDER INSTRUMENT NUMBER 9422494 IN THE OFFICE OF SAID RECORDER, WHICH POINT BEING EAST 2122.6 FEET (RECORD) AND NORTH 682.65 FEET CORD) OF THE ; THENCE CONTINUING NORTH 0 DEGREES 0 MINUTES 45 SECONDS WEST, A DISTANCE OF 633.17 FEET TO A POINT ON THE SOUTH LINE OF SOUTHWEST CORNER OF SAID NORTHWEST QUARTER FERNWOOD AT CLEVELAND, SECTION THREE SUBDIVISION, AS RECORDED UNDER INSTRUMENT NUMBER 9505755 IN THE OFFICE OF SAID RECORDER; THENCE NORTH 89 DEGREES 32 MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 39.23 FEET TO THE SOUTHEAST CORNER OF SAID FERNWOOD AT CLEVELAND: THENCE NORTH 0 DEGREES 12 MINUTES 36 SECONDS WEST ALONG THE EAST LINE OF SAID FERNWOOD AT CLEVELAND, A DISTANCE OF 32.61 FEET; THENCE SOUTH 45 DEGREES 08 MINUTES 09 SECONDS EAST, A DISTANCE OF 99.12 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 06 SECONDS EAST ALONG AN EXISTING EAST/WEST FENCE, A DISTANCE OF 259.20 FEET TO AN EXISTING FENCE CORNER POST; THENCE NORTH 0 DEGREES 12 MINUTES 36 SECONDS WEST, A DISTANCE OF 38.61 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 24.927 ACRES, MORE OR LESS; AND,