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0 1 zj-7'976 <br />RECORDED ON <br />09-26-2001 11 : 29 : 38 <br />TERRI J. RETHLAHE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC. FEE: 9.00 <br />PAGES: 1 <br />Hold Recorded copy for: Board of Public Works <br />CONSENT 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 South <br />Bend, Indiana, to provide sanitary sewer service and/or water service to the following described property, (hereinafter <br />referred to as the "Real Estate"), situated in St. Joseph County, Indiana: <br />Key #14-1167-6179 <br />Lot 9 and Lot 10 <br />Original Town of Hi -View <br />South Side of Ireland Road <br />East of Ironwood Road <br />KFH Realestate, LLC <br />Kyle F. Hoskins, Member <br />17900 Ireland Road <br />South Bend, IN 46614 <br />SEWER AND WATER <br />Mailing Address: 742 East Ireland Road <br />South Bend, IN 46614 <br />KFH Realestate LLC, Kyle F Hoskins, Member, owner of the 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 the 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 />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 an acceptance of the <br />foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. <br />KF ReaIestate LLC, <br />Kyle F Hoskins, Member <br />Before me, the undersigned, a Notary Public in and for said State, personally appeared KFH Realestate LLC, Kyle F <br />Hoskins, Member 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 />COUNTY OF ST. JOSEPH ) <br />WITNESS my hand and Notarial Seal this 3 Dav of 2001 <br />(Writte ignature) <br />La4-i. SS <br />(Printed) _'•',_ r <br />c . l <br />A resident of St. Joseph County, Indiana. �(, <br />lIr- <br />Commission Expires:, �J,-, f <br />�j•' i� 1.f�,�' C,• <br />This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 46601. <br />