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APPROVED <br />Board of Public Works <br />RECORDED ON <br />AUG 2 2 2002 <br />Hold Recorded copy for: Board of Public— Woo r s� <br />CONSENT TO ANNEXATION AND <br />WAIVER OF RIGHT TO REMONSTRATE <br />08-30-2002 3:13:18 <br />TERRI J. RETHLAKE <br />ST. JOSEPH COUNTY <br />RECORDER <br />REC. FEE: 9.00 <br />PAGES: 1 <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 #01-1032-0753 <br />Lot 396 Gilmer Park <br />60524 US 31 South <br />0hael E. Kahle, Sr. <br />24 US 31 South <br />South Bend, IN 46614 <br />WATER ONLY <br />Mailing Address: 6302 US 31 South <br />South Bend, IN 46614 <br />Michael E. Kahle, Sr., owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in title <br />and assigns, waives and releases any and all right which they may now or hereafter have to remonstrate against or <br />otherwise object to, interfere with, or oppose any pending or future annexation of the Real Estate by the City of South <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 />.1[u1 of water 01'111e City of South Bend, Owner, for themselves and their successors and assigns, agrees hereby to vest <br />ut 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 shalt 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 />rs subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the <br />foregoing provisions y aid gran e, vendee, or contract purchaser and their successors in title. <br />�L <br />Michael E. Kahle, Sr. <br />Before me, the undersigned, a Notary Public in and for said State, personally appeared Michael E. Kahle, Sr., and he <br />acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as his voluntary act and <br />deed. <br />STATE OF INDIANA ) <br />1 SS: <br />COUNTY 01' ST JOSEPH ) <br />t11 <br />,�.1t1:1;NI 5S my hand and Notarial Seal this Day of AA use 2002 <br />OT.:'! � ,, -`� (Written Signature)/ <br />(Printed) <br />:A resident of St. Joseph County, Indiana. JOSHUA A. HOWELL <br />Notary Public, State of ff1dWa <br />gyp..... County of St. Joseph <br />Commission Expires: <br />My Commission Expires Aug. 17, 2009 <br />This instrument was prepared by Michelle Engel, Assistant City Attorney, 1400 County -City Building, South Bend, <br />Indiana 4 660 1, <br />