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RECORDED ON
<br />04/26/2005 02:45:59PM
<br />TERRI J RETHLAKE
<br />ST. JOSEF"H COUNTY
<br />RECORDER
<br />REC FEE: $9.00
<br />PAGES: I
<br />�HoldRecorde�eopy or. Boa�ofblic s-_
<br />CONSENT TO ANNEXATION, WAIVER OF RIGHT TO REMONSTRATE
<br />AND ACKNOWLEDGEMENT OF CITY COMPACT FEES
<br />In consideration for permission to lap into the municipal utility system (water and/or sewer) of the city of South Bend, Indiana, in order to provide
<br />sanitary sewer and/or water service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County,
<br />Indiana:
<br />LEGAL DESCRIPTION:
<br />A parcel of land being a part of the Southwest Quarter of Section 26, Township 38 North, Range I East, Warren Township, St. Joseph County,
<br />Indiana, being more particularly described as follows:
<br />Beginning at the Northwest comer of the plat of West Pointe Estates, Section One recorded as instrument numbered 94 41263 in the office of the
<br />Recorder of St. Joseph County, Indiana; thence for the next seven courses along the Westerly line of said plat of west Pointe Estates, Section One;
<br />the first course being South 00 37' 06" East, a distance of 227.92 feet; thence South 72 52' 29" East, a distance of 55.04 feet; thence South 17 07'
<br />31" West, a distance of 172.00 feet; thence South 72 52' 29" East, a distance of 70.77 feet; thence South 17 07' 31" West, a distance of 168.00 feet;
<br />thence South 72 52' 29" East, a distance of 52.05 feet; thence South 17 07'3I" West, a distance of 140.00 feet to the Southwest comer of Lot 49 in
<br />said West Pointe Estates, Section One; thence South 82 15' 11" West, a distance of 159.94 feet; thence South 89 27' 09" West, a distance of
<br />180.00 feet; thence North 07 46' 58" East, a distance of 94.55 feet; thence North 05 14' 46" East, a distance of 347.00 feet; thence North 00 44'
<br />52" West, a distance of 140.00 feet; thence North 17 19' 56" East, a distance of 31.28 feet; thence North 00 44' 52" West, a distance of 149.96 feet
<br />to a point on the Centerline of US 20 (Lincoln Trail); thence North 89 27' 09" East, along said centerline, a distance of 339.42 feet to the place of
<br />beginning. Containing 6.03 acres, more or less, subject to any easements, covenants, restrictions, and right of way of record. Said parcel to be
<br />developed and subdivided and will be known as West Pointe Estates, Section 2.
<br />Portage Realty Corporation
<br />David L. Hunter, President
<br />129 Dixie Way North
<br />South Bend, IN 46637
<br />SEWER AND WATER
<br />Mailing Address: Same
<br />Portage Realty Corporation, David L. Hunter, President, owner of the Real Estate, (hereinafter "Owner"), for themselves and their successors in
<br />title, assigns, and personal representatives, hereby irrevocably waive and release any and all right which they may now or hereafter have to
<br />remonstrate against or otherwise interfere with, or oppose any pending or future annexation 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 municipal utilities (sewer and/or water) of the City of
<br />�' —�' ��-^���••^^ ^^^ * ^ - a•.�r- -��, t m signs. at3c:cs and stipulates irrevocably to vest in the City of South Bend the
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