Release of Easement - (4) Easements at 4401 S. Michigan St. – Barnes Development Company LLC

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RELEASE OF EASEMENT WHEREAS, on July 29th, 1968, Thurman Earl Kuntz and Ethel M. Kuntz granted an easement to the City of South Bend, which was recorded in the St. Joseph County Recorder’s office on January 6th, 1971 as Instrument No. 89756, which instrument gave a right for a sewer easement concerning certain property described as: The West Ten (10) feet of lots 6, 7 and 8 in John A. Byer’s Addition Unrecorded, which Lots are more closely described as follows: A tract of land in the Northwest Quarter (¼) of Section 25, Township 37 North, Range 2 East, and more particularly described as follows: Commencing at the Southwest Corner of the Northwest Quarter of Said Section 25 thence East along the Quarter Section line six hundred seventy-five (675) feet to the West line of Michigan Road; thence North Six (6) degrees seventeen (17) minutes of said road 220 feet to the point of beginning of the tract herein described; thence West and parallel to the East and West Quarter (¼) Section Line of said Section 25 one hundred fifty (150) feet; thence North six (6) degrees seventeen (17) minutes East one hundred feet to the Westerly line of Michigan Road; thence south six (6) degrees seventeen (17) minutes West one hundred fifty (150) feet along the Westerly line of said Road to the point of beginning. The above description purports to describe Lots Numbered 6, 7 and 8 in John A. Byer’s Addition to South Bend, Indiana, said Addition being an “Unrecorded Plat” according to a survey by D.L. Warren, Civil Engineer, Recorded in Book 104, p. 362 of the records of the Recorder’s Office of St. Joseph County, Indiana. WHEREAS, the easement is no longer necessary and the City desires to release its easement; and WHEREAS, the current owner of the parcel at 4401 S. Michigan St. is Barnes Development Company, LLC, located at 1000 Enterprise Dr., Allen Park, MI and holds the successor interest in the easement contemplated within this Release of Easement; and WHEREAS, Barnes Development Company, LLC, as the holder of the successor interest in the easement being released under this document has been advised of the intention to execute this Release of Easement as contemplated herein. NOW, THEREFORE, the City of South Bend hereby releases the sewer easement granted to it by Thurman Earl Kuntz and Ethel M. Kuntz and recorded in the St. Joseph County Recorder’s Office as Instrument No. 89756 and all of the rights thereunder, with the intent that the easement may be forever extinguished. IN WITNESS WHEREOF, the City of South Bend by and through its Board of Public