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,;�_ --� ­7 -� <br />(12�212)66 <br />RECORDED ON <br />04-18-2002 3:26:41 <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC. FEE: 9.00 <br />PAGES; 1 <br />Hold Recorded copy f 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 />rcfcrrcd to as the "Real Estate"), situated in St. Joseph County, Indiana: <br />Key #02-2118-5799 & 5800 <br />Lots 81 and 82 <br />Wilmette Park Subdivision <br />Southeast corner of State <br />Road 23 and 29`h Street <br />Dennis D. Miller, President <br />Miller Builders, Inc. <br />17636 State Road 23 <br />South Bend, IN 46635 <br />WATER ON-LV <br />Mailing Address: P. O. Box 229 <br />Granger, IN 46530 <br />Dennis D. Miller, President, Miller Builders, Inc., owner of the Real Estate, (hereinafter "Owner"), for themselves <br />and 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 tee, vendee, or contract purchaser and their successors in title. <br />Dennis D. Miller, President <br />Miller Builders, Inc. <br />Before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis D. Miller, President, <br />Miller Builders, Inc., 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 />COUNTY OF ST, JOSEPH <br />WITNESS my hand andLNark <br />A;tesideiit of St. Ic <br />SS: <br />Seal this �Dav of '4S 2002 <br />�J APPROVED <br />( it,,•.,"��, Board of Public Works <br />Commission Expires: <br />This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 46601. <br />