Release of Non-Access Easement - 5750 Brick Rd. Proj No. DP21-041 – Brick Road Logistics, LLC

Home Browse Search

II IIIIIII Illl IIIIIII11111 ,. �� . DocId:8333364 Tx : 4217169 2023-1301 a RECORDED AS PRESENTED ON 06/13/2023 12:19 PM RELEASE OF NON -ACCESS EASEMENT MARY BETH WISNIEWSKI ST, IOSEPH COUNTY RECORDER 5750 BRICK ROAD, SOUTH BEND, INDIANA 46628 PCS: 4 FEES: 25.00 THIS RELEASE OF NON -ACCESS EASEMENT made this 13th. day of June, 2023, by the City of South Bend, Indiana, acting through its Board of Public Works (the "City"), in favor of Brick Road Logistics, LLC, its successors and assigns (collectively, the "Owner"). WITNESSETH THAT: WHEREAS, Owner of the land affected by the Non -Access Easement being the same, or part of the same, property conveyed to Brick Road Logistics, LLC by Warranty Deed recorded June 25, 2021, as Document Record 2021-21568, in the Office of the Recorder for St. Joseph County, Indiana, to which reference is made for further description: LOT LETTERED "A" AS SHOWN ON THE RECORDED PLAT OF CROSSROADS INDUSTRIAL COMPLEX PHASE II FIRST REPLAT, RECORDED AUGUST 21, 1995 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, AS INSTRUMENT NO. 9526956. ALSO DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT A; THENCE ALONG THE RECORDED BOUNDARY OF SAID LOT A FOR THE FOLLOWING 6 COURSES AND DISTANCES; 1.) SOUTH 89 DEGREES 58 MINUTES 03 SECONDS EAST, 427.46 FEET; 2.) SOUTH 00 DEGREES 14 MINUTES 40 SECONDS EAST, 199.97 FEET; 3.) SOUTH 84 DEGREES 02 MINUTES 07 SECONDS WEST, 99.59 FEET; 4.) SOUTH 00 DEGREES 37 MINUTES 31 SECONDS WEST, 74.97 FEET; 5.) SOUTH 84 DEGREES 03 MINUTES 16 SECONDS WEST, 332.75 FEET; 6.) NORTH 00 DEGREES 27 MINUTES 03 SECONDS EAST, 320.00 FEET TO THE POINT OF BEGINNING. WHEREAS, a ten (10) foot non -access easement impacting ingress and egress exists on the northside of the property marked as "Lot A" as depicted on Exhibit 1, attached and incorporated hereto; and WHEREAS, the City no longer recognizes a need to restrict ingress -egress to the area of Lot A off Brick Road that is subject to the non -access easement; and WHEREAS, Owner acknowledges the authority of the City to continue to regulate the construction of driveways, approaches and curb cuts at this location; and NOW, THEREFORE, in consideration of the foregoing, the City of South Bend Board of Public Works agrees to release and terminate the aforesaid non -access easement that prohibits ingress and egress, across, from and to Owner's property depicted as Lot A at 5750 Brick Road, South Bend, Indiana 46628.. ,Ahu