#2713- Deed; RELEASE OF EASEMENT Hartman and Millers Addition

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J RELEASE OF EASEMENT WHEREAS, on March 21, 2001, the Eddy Street Land Trust (hereinafter referred to as "Grantor") granted an easement to the City of South Bend, which was approved by the Board of Public Works of the City of South Bend on March 26, 2001, and recorded in the St. Joseph County Recorder's office on March 29, 2001, as Instrument No. 0113165, which instrument gave a right for egress and ingress concerning certain property described as: Beginning at the Southeast corner of Lot 6 as the same is shown and designated on the plat of Hartman and Millers Addition to the Town, now City of South Bend, Indiana, the same being recorded in the office of the Recorder of St. Joseph County, Indiana; thence South parallel with the East right-of-way line of Eddy Street, a distance of 25 feet to a point of deflection; thence deflecting forty-five degrees (45 o) to the right (Southwesterly), a distance of 14.14 feet to a point of deflection; thence deflecting forty-five degrees (45o) to the right (Westerly), a distance of 108 feet, more or less to a point on said Easterly right- of-way line of Eddy Street that is 35 feet South of the Southwest corner of said Lot 6; thence South along said Easterly right-of-way line, a distance of 18 feet; thence East, parallel with the South line of said Lot 6, a distance of 130 feet to a point on the Southerly projection of the East right-of-way line of said Alley; thence North along said projection, a distance of 53 feet to the Southwest comer of Lot 45 in said Hartman and Millers Addition; thence West, a distance of 12 feet to the place of beginning; WHEREAS, the Grant of Easement was the result of an obligation placed upon Grantor in connection with a petition to vacate certain alleys, which petition was then pending before the South Bend Common Council; and WHEREAS, the matter was not passed by the South Bend Common Council and there is no longer a need for an easement for egress and ingress. NOW, THEREFORE, the City of South Bend hereby releases the "Non -Exclusive Easement for Egress and Ingress" granted to it by the Eddy Street Land Trust and recorded in the St. Joseph County Recorder's Office as Instrument No. 0113165 and all of the rights thereunder, with the intent that the Non -Exclusive Easement for Egress and Ingress may be forever extinguished. IN WITNESS WHEREOF, the City of South Bend by and through its Bo dqf Public Works has authorized the undersigned to execute this Release of Easement this ifay of October, 2001. CITY OF SOUTH BEND BOARD OF /JjAT� PUBLIC WORKS G� Gary Gilot w`-"ay um ui saga AMY; ttzence North, along said projection, a distance of 53 feet to the Southwest corner of Lot 45 in said Hartman and Millers Addition; thence West, a distance of 12 feet to the place of beginning. Subject to any other easements, covenants or restrictions of record. The same being shown graphically on attached "Exhibit A" attached hereto and made a part hereof