Release of Utility Easement - Alley Vacation 1200 Howard St. - Five Corners, LLC

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RELEASE OF UTILITY EASEMENT THIS RELEASE OF UTILITY EASEMENT made this January 23, 2024, by the City of South Bend, Indiana, acting through its Board of Public Works (the "City"), in favor of FIVE CORNERS, LLC, its successors and assigns (collectively, the "Owner"). WITNESSETH THAT: WHEREAS, Owner of the land affected by the Utility Easement being the same, or part of the same, property conveyed to FIVE CORNERS LLC by Ordinance No. 10847-22 (“Ordinance”) (attached as Exhibit 1) passed by the Common Council of the City of South Bend, Indiana on March 28, 2022 and titled as follows: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: A 12 FT. WIDE PUBLIC ALLEY, RUNNING FROM DUEY AVENUE ON THE EAST TO HOWARD STREET ON THE WEST FOR A DISTANCE OF 205 FEET +/-, SOUTH BEND, INDIANA WHEREAS, a twelve (12) foot utility easement was established in Section II of said Ordinance; and WHEREAS, Section II of said Ordinance also states that such rights will exist until released by the individual utilities; and WHEREAS, the City does not have any utilities within the twelve (12) foot easement, nor anticipates the need for using the easement for future utilities; and WHEREAS, the Owner has secured letters of release from the private utility companies mentioned in said Section II of the Ordinance (attached as Exhibit 2); and WHEREAS, Owner holds titled to all adjacent parcels affected by the easement and intends to pursue zoning approval to allow for a future development on said parcels; NOW, THEREFORE, in consideration of the foregoing, the City of South Bend Board of Public Works agrees to release and terminate the aforesaid utility easement that is described above and illustrated in the included Exhibit 3.