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0 1 253c3-7 <br />RECORDED ON <br />Board of i'ili;ii:; ',,r:::. 06-06-2001 8:33:41 <br />'jj TERRI J. RETHLAKE <br />�-4T O L�ica` /] J ST. JOSEPH RECORDER <br />j <br />REC. FEE: 9.00 <br />PAGES: 1 <br />Hold Recorded copy far Board o Puaat�t;i <br />SENT 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 <br />South Bend, Indiana, to provide sanitary sewer service and/or water service to the following described property, <br />(hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: <br />Legal Description: <br />That part of the Southwest Quarter of Section 31, Township 38 North, Range 2 East, German Township, St. Joseph <br />County, Indiana which is described as follows: <br />Beginning at the Southwest Corner of the Southwest Quarter of said Section 31; thence N 0050'03 East along the <br />West lind of said Section and the centerline of Pine Road, 2638.70 feet (Recorded N 00 16' 52" West, 2639.23 <br />feet); thence South 89 20' 15" East along the North line of the Southwest Quarter of said section, 1213.64 feet <br />(Recorded North 89 57' 05" East); thence South 01 19' 02" East, 2641.34 feet to the South line of said Section 31 <br />and the Centerline of Edison Road; thence North 89 IT 26" West along said South line and Centerline (Recorded <br />North 90 00" 00" West), 1312.79 feet to the place of beginning. Containing 76.535 Acres, more or less, and <br />comprised of three (3) lots. Subject to all legal highways, easements and restrictions or record. <br />The property is more commonly referred to as Pine Edison Park Limited Phase One Minor Subdivision, Instrument <br />No. 9920545 located at the Northeast corner of Pine Road and Edison Road, St. Joseph County, Indiana. <br />Peter Deputy - President <br />Pine Edison Park LTD. <br />4302 Lathrop Drive <br />South Bend, IN 46628 <br />SEWER AND WATER <br />Mailing address: Same <br />Peter Deputy - President Pine Edison Park LTD., owners of the Real Estate, (hereinafter "Owner"), for themselves <br />and their successors in title and assigns, waives and releases any and all rights which they may now or hereafter <br />have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation of the <br />Real Estate 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 />and/or water of the City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to <br />vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future <br />time by duly authorized ordinance. <br />Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, their <br />successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run <br />with the land. <br />very of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract <br />is subjec to the terms of this document and the acceptance of such instrument shall constitute an <br />of the/gregning rp ovisions by said grantee, vendee, or contract purchaser and their successors in title. <br />Pine 5ison PdrA LTD. <br />Before me, the undersigned, a Notary Public in and for said State, personally appeared Peter Deputy - President <br />Pine Edison Park LTD. and he acknowledged the execution of this Consent to Annexation and Waiver of Right to <br />Remonstrate as his voluntary act and deed. <br />STATE OF INDIANA <br />SS: <br />LINTY OF ST. JOSEPH ) <br />TNESS my hand and tarial Seal this Day of 2001 <br />tten Signatu <br />�fT7�tA 4< jQcod <br />(Printed <br />A resident of St. Joseph County, Indiana. <br />Immission Expires: I -� 0 i� d 0 <br />'his instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South <br />id, Indiana 46601. <br />