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Pursuant to a Utility Easement dated November 20, 2012, and recorded November 21, 2012, as Instrument Number 201200005206, Bland Family Property, LLC, an Indiana limited liability company (the "Grantor"), conveyed a permanent easement (the "Easement") to The City of Linton, Indiana (the "Grantee"), for the purposes of operating a municipal water line, over, along, and upon the lands of the Grantor, and with it the right to use, operate, inspect, repair, maintain, replace, and remove any and all water lines and appurtenances deemed necessary by the Grantee to insure the continued operation of the Grantee's water facilities, over, across, and through the land of the Grantor, situated in Greene County, Indiana.
(A) There is a non-frivolous dispute concerning the encumbrance of title created on adjoining properties by the above described blanket utility easement.
(B) The property subject to and being released from the Easement (the "Real Estate") is described in Appendix A, attached hereto and made a part hereof.
(C) The Grantee has no plans to construct any waterlines in addition to the existing waterline underlying the Real Estate, the Grantors desire that the Easement be limited to burden only the area of the Real Estate containing the existing waterline.
(D) The Grantee has executed a Public Utility Easement (the "Revised Easement")) conveying a 30 foot wide public utility easement, 15 feet on each side of the existing waterline underlying the Real Estate, to the Grantee, the Revised Easement being sufficient to allow the Grantee to use, operate, inspect, repair, maintain, replace, and remove the existing waterline underlying the Real Estate.
(E) As a result of the Grantor's conveyance of the Revised Easement, the Grantee no longer has a need for the property interest conveyed by way of the Easement.
(F) The release of the Easement would facilitate the establishment of title to adjoining properties.
The City of Linton releases the Easement covering the Real Estate as of the 21st day of January, 2013.
(Ord. 2013-2, passed 01-21-2013)