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Home My WebLink About#2067- Deed; CONSENT TO ANNEXATION-dip 1166-5�9109 � S 97 OQ_��(D L, - 5-:?)q-70 0 Co "6�I CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE In consideration of permission to tap into the public sanitation sewer system of the City of South Bend, Indiana, to provide sanitary sewer service to the following described property, situated in St. Joseph County, Indiana: Key Nos. 02-1022-051001 02-1106-539713 02-1022-0510 02-1106-539703 02-1106-539702 02-1106-539704 02-1106-539707 02-1106-539-705 02-1106-539709 02-1106-539706 That part of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana, which is described as: Beginning at a point on the North line of said Southeast Quarter which point is S. 89048120" W., 329.72 ft. from the East Quarter post of said Section 31; thence S. 00126156" E., 132.11 ft.; thence N. 89048120" E., 289.72 ft; thence S. 00126156" E. along the West right-of-way line of Ironwood Road, 259.45 ft.; thence S. 89133'04" W., 172.46 ft; thence S. 00°26156" E., 201.46 ft.; thence S. 24015147" E., 136.56 ft.; thence S. 56028158" W. along the Northerly right-of-way line of S.R. #23, 205.72 ft.; thence S. 00126156" E. along said right-of-way line, 5.97 ft.; thence S. 56028158" W. along said right-of-way line, 358.71 ft.; thence N. 62015'24" W., 140.09 ft. (Record N. 63012' W.); thence N. 00,105134" E., 968.88 ft. (Record N. 00002' E.); thence S. 89°48120" E. along the North line of said Southeast Quarter, 414.92 ft. to the point of beginning, containing 12.11 acres more or less. Ironwood North Limited Partnership, Sam Mirkin, individually, Isadore Mirkin, individually, J. A. Mirkin Realty, Inc., Isadore Mirkin and Mollie Mirkin, husband and wife, and Minas M. Matheos, owners of the Real Estate, [hereinafter "Owners"], for themselves, their successors in title and assigns, hereby waive and release any and all right which they may now or hereafter have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation by the City of South Bend of the Real Estate. In further consideration and to induce the City of South Bend to allow Owners to tap into the public sanitation sewer of the City of South Bend, Owners, for themselves, their successors and assigns, hereby agree to vest in the City of South Bend the permanent right, at its discretion, to annex to the City of South Bend at any future time by duly authorized ordinance the Real Estate. Owners further agree that any deeds, contracts, or other instruments of conveyance made by Owners, their successors or assigns, shall contain the waiver and release provisions contained herein, which provisions shall run with the land and the acceptance and delivery of such instrument from Owners, their successors and assigns, any grantee, vendee, or contract purchaser, shall be made subject to the terms of this contract and shall constitute an acceptance of the foregoing provisions b said grantee, vendee, or contract purchaser and their successors in title. Y IRONWOOD NORTH L.P_ . a r)c1-LAWax-C, Limited Partnership by garjo II, Inc., General Partner By Robert E. Bartels, President STATE OF INDIANA COUNTY OF ST. JOSEPH ; SS: Before me, the undersigned, a Notary Public in and for said County and State personall President of Barjo II Inc. y appeared Robert E. Bartels, L.P. , General Partner for Ironwood North said, corporation acknowledgednthehexecutionip, who oo and on behalf of voluntary act and deed. f the same as his WITNESS my hand and Notarial Seal this � day of 1993. y. �ommlesion Expires: igna re of Notary Pub i' KITTV L. G E kSG F L )q Typed/Printed Name of Notary Public Residing in St. Joseph County, IN a4pirnm or jMAR ) � 1993 ---------- I:z 4,11" Sam Mirkin STATE OF INDIANA ) ) SS. ST . JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Sam Mirkin, individually, and acknowledged the execution of the same as his voluntary act and deed. ,w.• _ WITNESS my hand and Notarial Seal, this 22 day Q01 Tti 7 y'r�r;,•: February , 1993. �� .! Anf el`que' n . Hi 11 , Nota;;, PUllic,;,, A resident of St. Jose34o':County�. Indiana.{ V ,` My Commission Expires: January 15, 1994 ZL 1l� Isadore Mirkin STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Isadore Mirkin, individually, and acknowledged the execution of the same as his voluntary act and deed. WITNESS my hand and Notarial Seal, this 22 day of February 1993. �•. My Commission Expires: January 29, 1996 Sam Mirkin r Notary Public A resident of St. Joseph Count-y, Indiana. 3. 4 J. A. MIRKIN REALTY, INC. Sam Mirkin, Secretary STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for e, personally appeared Sam Mirkin, as said County and Stat Secretary of J. A. Mirkin Realty, Inc., and acknowledged the execution of the same as his voluntary act and deed. WITNESS my hand and Notarial Seal, this 22 day of February , 1993. My Commission Expires: January 15, 1994 Isadore Mirkin STATE OF INDIANA SS: ST JOSEPH COUNTY ) Public Ark eI ue' D. Hill. Notary . A resident of St. Joseph County, Indiana. 011ie Mirkinv Before me, the undersigned, a Notary Public in and for said county and state, par•sonally appeared Isadore Mirkin and Mollie Mirkin, Husband and Wife, and acknowledged the execution of the same as their voluntary act and deed. daY WITNESS my hand and Notarial Seal, this 2 ° February , 1993. / Sam Mirki c Notary Public , A resident of St. JosEph.County,., Indiana. My Commission Expires: January 29, 1996 4. Minas M. Matheos STATE OF INDIANA ) ) SS: ST. JOSEPH COUNTY ) Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Minas M. Matheos and aacknowledged the execution of the same as his voluntary act and deed. WITNESS my hand and Notarial Seal, this 1 jth day of 1993. Paul T.Cholis Notary Public A resident of St. Joseph County, Indiana. My Commission Expires: Janury 16, 1995 CONANX.MART This Instrument Was Prepared By: Mary Hall Mueller, Assistant City Attorney, 1400 County -City Building, South Bend, Indiana 46601 5. rI I i • �• � N r E s6r n- 77sss rr TirAI O;onOa //, O'q/W I � ny rrr ' I s u4or IIJI •� .. 17T?a v� �� 'I n[_j. �Ga��+� cgs � °o•7e se- [77 ,7rC �Qi_■ c}s� Prc + �Q � R 5GO'7656'E 101ee' Otis. 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