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0�235�D3 <br />RECORDED ON <br />04-26-2002 10:49:49 <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC. FEE: 9.00 <br />PAGES: 1 <br />Hold Recorded_co.Izy fsa_ Board of Public Works <br />�- <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 #02-1241-9823,#02-1241-982101, <br />#02-1241-9823.02, & #02-1241-9823.03 <br />Lot 255A, Lot 256A, Lot 257A <br />and Lot 258A, River Commons, <br />Section 10 First Replat <br />Old Mill Drive and South Gatehouse Drive <br />Stephen J. Luecke, Mayor <br />City of South Bend, Indiana <br />227 West Jefferson Blvd <br />Room 1400, County City Building <br />South Bend, IN 46601 <br />WATER AND SEWER <br />Mailing Address: Same <br />Stephen J. Luecke, Mayor, City of South Bend, Indiana, owner of the Real Estate, (hereinafter "Owner"), for <br />themselves and their successors in title and assigns, waives and releases any and all right which they may now or <br />hereafter have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation <br />of the 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 vest <br />in the City of South Bend the permanent right, at the Citys 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 />Stephen J. Lue , Mayor <br />City of South Bend, Indiana <br />Before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen J. Luecke, Mayor, <br />City of South Bend, Indiana, and he acknowledged the execution of this Consent to Annexation and Waiver of Right <br />to 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 07 Day of P' 1 2002 <br />rntten SignatLWe) <br />Printed , s - <br />r <br />A resident of St. Joseph County, Indiana. <br />� ..� fi1.... <br />Comm� <br />Commission Expires: <br />This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 46601. <br />