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PREPARED BY AND RETURN TO:
<br /> (Space above reserved for recording information)
<br /> LIFT STATION EASEMENT AND ACCESS AGREEMENT
<br /> THIS,LIFT STATION EASEMENT AND ACCESS AGREEMENT(the"Agreement") is entered into effective
<br /> as of the 11 �-1 ] day of[ AA c,4 J, 2019(the "Effective Date"), by and between CLIFFORD MASON,an
<br /> individual, whose address for 'otice is 161 Hightide Dr., Decatur, IL 62521 ("Grantor'), and THE CITY OF
<br /> DECATUR, ILLINOIS, an Illinois municipal corporation ("Grantee"), having a mailing address of 1 Gary K.
<br /> Anderson Plaza, Decatur, IL62523.
<br /> RECITALS
<br /> A. Grantor owns a tract of land located Macon County, Illinois, as generally depicted on Exhibit
<br /> A and further described on Exhibit B attached hereto(the"Easement Area");
<br /> B. Grantee desires to construct, maintain, repair, and operate a sanitary sewer lift station,with
<br /> related equipment and appurtenances(the"Lift Station")on the Easement Area;and
<br /> C. Grantor desires to grant to Grantee such non-exclusive easement and access rights in and to
<br /> the Easement Area as may be necessary to allow Grantee to operate and maintain the Lift Station and its
<br /> related equipment and appurtenances, all under the terms and conditions set forth below.
<br /> NOW, IN CONSIDERATION of the terms and conditions hereof and other good and valuable
<br /> consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows:
<br /> 1. GRANT OF LIFT STATION EASEMENT. Grantor hereby grants and conveys to Grantee, a perpetual,
<br /> non-exclusive easement over, across, upon and under the Easement Area for purposes of (i) constructing,
<br /> utilizing, repairing, maintaining, replacing and removing the Lift Station, and its related equipment,
<br /> infrastructure,and facilities;and(ii)installing,utilizing,repairing, maintaining,replacing and removing sanitary
<br /> sewer and force main sewer lines, and any and all attendant equipment, infrastructure and facilities on and
<br /> under the Easement Area, as may be necessary to utilize the Lift Station (collectively, the "Lift Station
<br /> Easement"),together with the right of reasonable ingress and egress to and from the Lift Station as necessary
<br /> in connection with any of the foregoing.
<br /> 2. MANNER OF PERFORMANCE. Grantee's rights hereunder shall be exercised (i) in compliance with all
<br /> applicable laws, regulations and codes, and (ii) in a manner to minimize any unreasonable disruption or
<br /> interference with Grantor's use of Grantor's adjacent property.
<br /> 3. RESERVED RIGHTS. Notwithstanding the grant of the Easements set forth above,Grantor specifically
<br /> reserves the right to use Grantor's adjacent property in any manner which does not materially interfere with
<br /> Grantee's exercise of its rights hereunder. Except as expressly provided in this Agreement, Grantee shall not
<br /> {00183282.DOCX;3}
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