5A2 Agreement to Release Easement (JC Hart) - Signed

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A - 5 Cross Reference: Instrument No. 2024-10901 (Commission Deed) Instrument No. 8216846 (1982 Declaration) Instrument No. 0130069 (2001 Relocation) RELEASE OF EASEMENT THIS RELEASE OF EASEMENT (hereinafter the “Release”) is made effective this 8th day of May, 2025 (the “Effective Date”) by the City of South Bend, Indiana, Department of Redevelopment by and through its governing body, the South Bend Redevelopment Commission (hereinafter the “Commission”). WITNESSETH: WHEREAS, the Commission acquired certain real estate more particularly described in Exhibit A attached hereto and incorporated herein (the “Commission Real Estate”) pursuant to a certain Special Warranty Deed dated May 6, 2024 and recorded May 20, 2024 as Instrument No. 2024-10901 in the Office of the Recorder of St. Joseph County, Indiana; WHEREAS, the Commission Real Estate is the beneficiary of a certain non-exclusive easement over the real estate more particularly described in Exhibit B attached hereto and incorporated herein for pedestrian and vehicular ingress and egress to and from Wayne Street/Jefferson Boulevard (the “Easement”) granted by Crowe LLP, an Indiana limited liability partnership, formerly known as Crowe, Chizek & Company, an Indiana partnership (“Crowe”), pursuant to a certain Declaration and Grant of Easement for Pedestrian and Vehicular Egress dated November 3, 1982, and recorded November 3, 1982 as Instrument No. 8216846 in the Office of the Recorder of St. Joseph County, Indiana (the “Declaration”); WHEREAS, Crowe relocated the Easement pursuant to a certain Relocation of Easements dated June 25, 2001 and recorded June 27, 2001, as Instrument No. 0130069 purporting to relocate the Easement to the area described therein (the “Current Easement Area”); WHEREAS, the Commission acknowledges and agrees that notwithstanding anything to the contrary in the Declaration, the Current Easement Area is the location of the Easement; and WHEREAS, the Commission wishes to disclaim, waive, terminate, release and relinquish any and all interests or rights it may have to use the Easement and to document the same. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Commission promises, agrees and covenants as follows: 1.Incorporation of Recitals. The foregoing preambles, recitations and