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48AM DEPT OF PUBLIC WORKS <br />P.2/2 <br />r 8Q) 1 -7 <br />'Hold Recorded copy for: Board of Public Works <br />RECORDED ON <br />CONSENT TO ANNExAT ION AND 12`20-2000 9 :11 :17 <br />WAIVER OF RIGHT TO REMONSTRATE TERR1 J. RETHLAKE <br />ST. JOSEPH COUNTY <br />In consideration for permission to tap into the public sanitary sewer System andlor water system of the city ofUC(ORDER <br />Band, Indiana, to provide sanitary sewer service an(Vor writer service to the following described prope C(lnerpeE� er 9.00 <br />referred to as the "Real Estate"), situated in 5t. Joseph County, Indiana: PAGES: 1 <br />Key 004-1046-1005.01 SEWER ONLY <br />North pan of Lot 37, Portage Farms Subdivision, <br />Southwest corner of Portage Road and Maple <br />Road, St. Joscph County, Indiana. <br />Gary C. and Pamela S. Ender Mailing address. Same <br />52155 Portage Road <br />South Bend, IN 46628 <br />Gary C. and Pamela S. Ender, owners of the Steal Estate, (hereinafter "Owner"), for themselves and their successors <br />in title and which theY <br />now <br />strate against <br />orotherw se object o, intcrns, waives f re with, releases <br />oppose any peand ftll ndting or future annexation nrof the Real Estate by thefter have to of gouty► <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 tine City of South Bend, Owner, for dnemselves 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 fun+re time by <br />duly authorized ordinance. <br />Owner further agrees that any deeds, contracts, or other instruments of conveyance nnade 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 of contract purchaser <br />is subject to the terms of this documcnt and die acceptance of such instrument shall constitute au. acceptance of the <br />y said grantee, vendee: or contract purchaser and their successors in title. <br />foregoing provisions b <br />4GaryE,f Pamela S. Ender <br />Before me, the undersigned, a Norary Public in and for said State, personally appeared Gary C. and Pamela S. Ender <br />and they acknowledged the execution of this Consent to Annexation and Waiver of Ripbt to Romonsu•ate as their <br />voluntary act and deed. <br />STA'.rE OF WIXN'NA M'Lh'RAn aC*t 1-n ,rid. ►JCL <br />)SS: rr` w �• <br />COUNTY OF�� VlQV PV*j P- n of n' <br />WITNESS my hand and Notarial Seal this na of UDC 2000 <br />(Wri T <br />gnature) <br />(Printed) <br />mosmy r'eRtk 9t477e1°i ib., M <br />-Mp Comm. So-o. 15: <br />A resident of St. Joseph County, Indiana. <br />^Q <br />Coininixsion Expires: <br />This inst ,unjent wns prepared by Michelle Engel, Assistant City Attorney, 1400 County -city Building, South Bend, <br />ladinna 46601. <br />