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Home My WebLink About#2623- Deed; CONSENT TO ANNEXATION 7 Irongate Estates�1 Ci'Lr"� C� `A-i C - G-�-�� r 9340638 CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE In consideration for permission to tap into the public sanitary sewer system of the City of South Bend, Indiana, to provide sanitary sewer service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: A parcel of land in the Northwest Quarter of Section 20, Township 38 North, Range 3 East, being in Clay Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast corner of said Northwest Quarter, thence North 89052'54" West (bearing assumed) along the North line, also being the south line of Farmington Square, Unit 11, Part f to the Northwest corner of Irongate Estates, Section Six (Instrument Number 9230733) a distance of 329.20 feet to the point of beginning; thence South 00'01'18" East along the West line _ of said Section Six, 360.21 feet; thence South 79*12'53" East, 144.77 feet; thence South 59040'44" West, 93.04 feet; thence South 30016'17" West, 142.82 feet; thence along a curve to the right having a central angle of 01 037'30", a radius of 308.18 feet, subtended by a chord bearing South 58054'59" East, 8.74 feet to the North corner of Irongate Estates, Section Five (Instrument Number 9208937); thence along the North line of said Section Five, South 31°53'48" East, 30.00 feet; thence South 40'28'41" West, 146.89 feet; thence North 81'29'26" West, 193.83 feet; thence South 89058'42" West to the East line of Carriage Hill Subdivision, Section 13 (Book 25, Page C-9), 190.00 feet; thence North 00001'18" West along said East line to the Northeast corner of Carriage Hills Subdivision, Section 14 (Book 25, Page C-10) also being the North line of said Quarter Section, 670.03 feet; thence South 89052'54" East along said North line, 335.00 feet to the point of beginning. Containing 6.30 acres more or less. Subject to easement, covenants or restrictions of record. Huntington Corporation, 1520 North Main Street, Mishawaka, Indiana 46545, owner of the Real Estate, (hereinafter "Owner"), for itself and its successors in title and assigns, waives and releases any and all right which it may now or hereinafter have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow the Owner to tap into the public sanitary sewer of the City of South Bend, Owner, for itself and its successors and assigns, agrees hereby to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, its successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. HUNTINGTON CORPORATION `mac i 10�u 7 APPROVED -120k AT/ BOARD OF PUBLIC WORKS By: Y r 191993 Bruce D. Huntingto , President 9 . Johnso , Secretary/Treasurer r ✓� G -----�IANA } } SS: COUNTY OF ST. JOSEPH } Before me, the undersigned, a Notary Public in and for said State, personally appeared Bruce D. Huntington, and Roger A. Johnson, known to me to be the President and Secretary/Treasurer of Huntington Corporation, and acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as the voluntary act and deed of said corporation and of themselves as its duly elected officers. WITNESS my hand and Notarial Seal this 13th day of April , 1993. _ l d�; SOhature of Notary Public Patricia J. Beaman (Printed Signature) Resident of St. Joseph County, Indiana My Commission Expires: 6/24/96 This instrument was prepared by Bruce D. Huntington, President, Huntington Corporation, 1520 N. Main Street, Mishawaka, Indiana 46545. w CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE In consideration for permission to tap into the public sanitary sewer system of the City of South Bend, Indiana, to provide sanitary sewer service to the following described property, (hereinafter referred to as the "Real Estate"), situated in St. Joseph County, Indiana: A parcel of land in the Northwest Quarter of Section 20, Township 38 North, Range 3 East, being in Clay Township, St. Joseph County, Indiana being more particularly described as follows: Commencing at the Northeast comer of said Northwest Quarter, thence North 89052'54" West (bearing assumed) along the North line, also being the south line of Farmington Square, Unit 11, Part 1 to the Northwest corner of lrongate Estates, Section Six (instrument Number 9230733) a distance of 329.20 feet to the point of beginning; thence South 00'01' 18" East along the West line of said Section Six, 360.21 feet; thence South 79'12'53" East, 144.77 feet; thence South 59040'44" West, 93.04 feet; thence South 30016'17" West, 142.82 feet; thence along a curve to the right having a central angle of 01"37'30", a radius of 308.18 feet, subtended by a chord bearing South 58054'59" East, 8.74feet to the North corner of lrongate Estates, Section Five (Instrument Number 9208937); thence along the North line of said Section Five, South 31053'48" East, 30.00 feet; thence South 40'28'41' West, 146.89 feet; thence North 81 °29'26" West, 193.83 feet; thence South 89°58'42" West to the East line of Carriage Hill Subdivision, Section 13 (Book 25, Page C-9), 190.00 feet; thence North 00001'18" West along said East line to the Northeast corner of Carriage Hills Subdivision, Section 14 (Book 25, Page C-10) also being the North line of said Quarter Section, 670.03 feet; thence South 89°52'54' East along said North line, 335.00 feet to the point of beginning. Containing 6.30 acres more or less. Subject to easement, covenants or restrictions of record. Huntington Corporation, 1520 North Main Street, Mishawaka, Indiana 46545, owner of the Real Estate, (hereinafter "Owner"), for itself and its successors in title and assigns, waives and releases any and all right which it may now or hereinafter have to remonstrate against or otherwise object to, interfere with, or oppose any pending or future annexation of the Real Estate by the City of South Bend. In further consideration and to induce the City of South Bend to allow the Owner to tap into the public sanitary sewer of the City of South Bend, Owner, for itself and ifs successors and assigns, agrees hereby to vest in the City of South Bend the permanent right, at the City's discretion, to annex the Real Estate at any future time by duly authorized ordinance. Owner further agrees that any deeds, contracts, or other instruments of conveyance made by Owner, its successors or assigns shall contain the waiver and release provisions contained herein, which provisions shall run with the land. The delivery of any instrument of conveyance from the Owner to any successor, grantee, vendee or contract purchaser is subject to the terms of this document and the acceptance of such instrument shall constitute an acceptance of the foregoing provisions by said grantee, vendee, or contract purchaser and their successors in title. .Sec-1I61 N 7 .ICON � A-IE C5 i7) iE5 APPROVED BOARD OF PUBIC WORKS HUNTINGTON CORPORATION By: W, v) P,, Bruce D. Huntingto , President \` ' �)1 Johnsoni, secretary/Treasurer �- STAAr-'wOF n DIANA } } SS: COUNTY OF ST. JOSEPH } Before me, the undersigned, a Notary Public in and for said State, personally appeared Bruce D. Huntington, and Roger A. Johnson, known to me to be the President and Secretary/Treasurer of Huntington Corporation, and acknowledged the execution of this Consent to Annexation and Waiver of Right to Remonstrate as the voluntary act and deed of said corporation and of themselves as its duly elected officers. WITNESS my hand and Notarial Seal this 13th day of April , 1993. Vlature of Notary Public Patricia J. Beaman (Printed Signature) Resident of St. Joseph County, Indiana My Commission Expires: 6/24/96 This instrument was prepared by Bruce D. Huntington, President, Huntington Corporation, 1520 N. Main Street, Mishawaka, Indiana 46545.