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<br />~ <br /> f . <br /> t ~ <br /> I. ' <br />u J <br /> ~ <br /> <br />the City; that such proposed annexation contravenes statu- <br />tory and constitutional rights of the Industries; all as <br />more particularly set out in said protests and objections, <br />and <br /> <br />WHEREAS, a controversy therefore exists as to <br />the legal right of the City to annex the properties of the <br />Industries and it is the desire of the parties to settle <br /> <br />such controversy, and <br /> <br />WHEREAS, the parties recognize that in the cir- <br /> <br />cumstances a partial annexation of some of the real proper- <br /> <br />ties of each of the Industries within the area, but not <br />the full annexation of their entirety, pursuant to the <br />terms hereinafter set out, is a reasonable, lawful and <br />equitable manner in which to settle such controversy; <br />NOW, THEREFORE, in consideration of the mutual <br /> <br />covenants and agreements herein contained, the sufficiency <br />of which is acknowledged, it is agreed by and between the <br />parties as follows: <br /> <br />I. <br /> <br />The Industries withdraw any protest or objec- <br />tion to the final enactment of Amended Ordinance No. 558, <br />as passed upon second and final reading by the City Com- <br />mission on the date hereof (a copy of which i,s attached <br />for all purposes), and waive any and all right to notice, <br /> <br />protest or any other procedural requirement as to such <br /> <br />final enactment of said Amended Ordinance that might <br /> <br />otherwise be required, and covenant that they will make <br />no attack upon the annexation therein provided, subject <br />to the other terms hereof. <br /> <br />II. <br /> <br />The City will maintain the areas annexed in <br />said Amended Ordinance No. 558, as areas within the <br /> <br />-2- <br />