Release of Easement - Jack Eugene Clemans Revocable Trust & Darlene Jean Clemans Revocable Trust

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L h N $ 0Tx:4045931 1804664 RECORDED AS PRESENTED ON RELEASE OF INGRESS -EGRESS EASEMENT 02/28/2010 01:21 PM MARY 0ETH WISNIEWSKr Sy. JOSEPH COUNTY 6017 and 6103 S. MICHIGAN STREET RECORDER PG5: 2 FEES; 25.00 THIS RELEASE OF EASEMENT made this �day of , 2018, by the City of South Bend, Indiana, through its Board of Public Works (the "City"), 'n favor of Jack Eugene Clemans Revocable Trust and Darlene Jean Clemans Revocable Trust, its successors and assigns (collectively, the "Landowner") WITNESSETH THAT: WHEREAS, Landowner owns two parcels of real estate containing all or parts of Lots 7, 8, 9,10 and 1 I of C. H. Fluegel's unrecorded plats located at 6017 S. Michigan Street and 6103 S. Michigan Street in the City of South Bend, Indiana and known as St. Joseph County Parcel I.D. # 023-1018-038602 and I.D. # 023- 1018-038604, respectively, (the Real Estate"); and WHEREAS, Landowner granted certain easement to the Indiana Department of Transportation ("INDOT"), when Michigan Street was designated as U.S. 31. The purpose of that easement is to prohibit ingress and egress to, from, and across said property, excepting at certain locations. That transaction occurred on or about September 20, 1990 and was memorialized in a Corrective Warranty Deed dated November 24, 1993, recorded by the Saint Joseph County Recorder as Instrument 9400847; and WHEREAS, it was then in keeping of policy and procedure of the INDOT to require such ingress - egress restrictions upon its highways; and WHEREAS, because INDOT relocated U.S. 31 to a new alignment to the west, INDOT transferred jurisdiction for the maintenance and administration of the former U.S. 31, now known as Michigan Street, to the City of South Bend acting through its Board of Public Works on 2"d September, 2014; and WHEREAS, City recognizes that the character of traffic and use of the roadway at 6103 S. Michigan Street has changed to a lower volume, lower speed roadway; and, having no policy in place to restrict ingress -egress, to properties on such roadways; and WHEREAS, Landowner acknowledges the authority of the City to regulate the construction of driveways at this location; and WHEREAS, Landowner wishes to transfer ownership of the property to South Bend Michigan Street BTS Retail, LLC, to construct a new and relocated driveway and approach for ingress and egress to same property where a retail business will be developed, all according the City of South Bend Design and Construction standards, and agreeing to obtain a construction permit for same; NOW, THEREFORE, in consideration of the foregoing, the South Bend Board of Public Works agrees to release the aforesaid non access easement that prohibits ingress and egress, across, from and to Landowner's property at 6017 S. Michigan Street and 6103 S. Michigan Street.