Partial Easement Agreement - Reduction in Size of Utility Easment on SE Corby & SB Ave. - Five Corners, LLC

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PARTIAL RELEASE OIL UTILITY EASEMENT THIS INDENTURE WITNESSETH that on November 10, 2020, the City of South Bend, Indiana, by and through its Board of Public Works (the "City"), hereby releases and abandons any rights it has to the northern ten feet (I0') of a certain "Reserved Utility Easement", as shown on the map attached hereto as Exhibit A and described more particularly on Exhibit B; and: WHEREAS, the Reserved Utility Easement was reserved for public utilities; and WHEREAS, the owner of the abutting undeveloped land desires to develop the relinquished property to a higher and better use; and WHEREAS, the Department of Public Works has investigated the site and determined that, currently, the northern ten feet (10') of the easement is not needed for maintenance of the existing water and sewer utilities within the easement; the remaining seventy feet (70') will be sufficient; and, further, there is no foreseeable need for this portion of the easement to support or expand those utilities. NOW, THEREFORE, the City hereby releases the northern ten feet (10') of the reserved easement and all the rights thereunder, with the intent that those rights may be forever extinguished. [Signature page follows.]