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SUBJECT TO ANY RESTRICTIONS, EASEMENTS, RIGHT OF WAY AND COVENANTS OF RECORD. <br />BEARING OF LINES ARE WITH REFERENCE TO THE STATE PLANE COORDINATE SYSTEM, RECORD <br />STATIONS NUMBERED 694 AND 688 AS MAINTAINED IN THE OFFICE OF COUNTY SURVEYOR OF SAID <br />COUNTY. SAID LINE BEARINGS ARE, ALSO, COUNTER -CLOCKWISE 0 DEGREES 23 MINUTES 14 <br />SECONDS OF THE BEARING FOR THE EAST LINE OF SAID FERNWOOD AT CLEVELAND, SECTION <br />THREE SUBDIVISION. <br />FERNWOOD PH2 AND LOTS 46-47 IN PHI.doc <br />Talip AIway, Alway Development Corporation, owner of (lie Real Estate, (hereinafter "Owner"), for themselves and <br />their successors in title and assigns, waives and releases any and all right which they may now or hereafter have to <br />remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation of (lie Real Estate <br />by the City of South Bend. <br />In further consideration and to induce the City of South Bend to allow Owner to tap into the public sanitary sewer <br />anther water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest <br />in the City of South Bcnd the permanent right, at the City's discretion, <br />duly authorized ordinance. to annex the Real Estate at any future time by <br />Ownerfurther agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors <br />or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. <br />The delivery of an), instrument of conveyance from the Owner to any, successor, grantee, vendee orcontract purchaser <br />is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the <br />foregoing Provisions by said grantee, vendee, or contract purchaser and their successors in title. <br />TaIip Alway, President <br />Before me, the undersigned, a Notary Public in and for said State, personally appeared Pliyllis R. <br />acknowledged the execution of this Louderback and she <br />Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act <br />and deed. <br />STATE OF .INDIANA ) <br />COUNTY OF ST. JOSEPH ) SS. <br />WITNESS my hand and Notarial Seal this <br />(Written S <br />%Yi55 cl -) _ (44. <br />Printed <br />resident of St. Joseph County, Indiana. <br />Commission Expires: <br />U <br />This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 46601. <br />ALIP [i , <br />Board of Pubfi,� <br />JUN 12 2000 n <br />