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RELEASE OF EASEMENT <br />WHEREAS, on January 8, 2018, the Common Council of the City of South Bend passed <br />Ordinance No. 10554-17, attached hereto as Exhibit A, an ordinance to vacate certain rights of <br />way, including the First East/West Alley between Howard Street on the west and the First <br />North/South Alley east of South Bend Avenue, attached hereto as Exhibit Band <br />WHEREAS, the vacation of those alleys reserved easement for utilities; and <br />WHEREAS, title to the vacated lands has passed to others who wish to develop the <br />property to higher and better use; and <br />WHEREAS, the owner of the property has petitioned the Area Plan Commission to <br />subdivide and re -plat the land absorbing it into the surrounding properties as one lot; and, <br />WHEREAS, the Department of Public Works has investigated the sites and determined <br />that, currently, there are no public water or sewer utilities within the vacated alleys; and, further <br />that there is no foreseeable need for these easements to support or expand those utilities. <br />NOW, THEREFORE, the City of South Bend hereby releases the reserved easements <br />and all the rights thereunder, with the intent that those rights may be forever extinguished. <br />IN WITNESS WHEREOF, the City of So t t Bend, by ajtd through its Board of Public <br />Works, has executed this Rcleasc of Easement this , day of _�,j tz 11P , 2019. <br />[Signature page follows.] <br />