#2649- Deed; CONSENT TO ANNEXATION 37 feet of lot 59, lot 60 & 61

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Id Recorded copy for: Board of Public Works CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE ID2i4773ER! RECORDED ON 10-11-2000 3:35:40 TERRI J. RETHLAKE ST. JOSEPH COUNTY RECORDER In consideration for permission to tap into the public sanitary sewer system and/or water syEtEtU ofp Vity c+ ; oth Bend, Indiana, to provide sanitary sewer service and/or water service to the following describpApWerty, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: Key 902-1050-1945 #02-1050-1946 Key 902-1050-1947.01 SEWER AND WATER 37feet of Lot 59, Lot 60 and 61 Fulkerson Park Subdivision Thomas E. and Kathy A. Emery Mailing address: Same 4306 Hickory Road Mishawaka, IN 46545 Thomas E. and Kathy A. Emery, owners of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title and assigns, waives and releases any and all right which they may now or hereafter have to remonstrate against or otherwise objectto, interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow Owner to tap into the public sanitary sewer and/or water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute ail acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in tide. Thomas E. Emery Kathy A. Emery Before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas and Kathy Entery and they acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as their voluntary act and deed. STATE OF INDIANA ) ) SS: COUNTY OF.ST. JOSEPH ) WITNESS my han4Notarial eal thisDa of ten Sig„atu>Cz r _ (Printed A resident of St. Joseph County, Indiana. Comru'iission Expires: APPRO v w ,duard of Publllc Works 0 This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend,