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