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