R2018-53 Authorizing the Execution of Temporary Construction Easement Agreement between the City of Decatur and Clifford Mason

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t AFTER RECORDING RETURN TO: (This space reserved for recording information) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement") is entered into this day of /(�(3,, v� 2018 (the "Effective Dat "), by and between CLIFFORD MASON, an individual (the "Grantor"), whose address for notice is bt:aw, /L— roa and THE CITY OF DECATUR, ILLINOIS, an Illinois municipal corporation ("Grantee"), whose address for notice is 1 Gary K. Anderson Plaza, Decatur, IL 62523. Grantee and Grantor may be jointly referred to herein as the "Parties"or individually as a"Party." RECITALS A. Grantor is the owner of certain real property located in Macon County, Illinois,which tract is generally adjacent to County Fair Drive, a publicly dedicated right-of-way operated and maintained by Grantee(the"Grantor Tract"); B. Grantee is in the process of constructing and installing an expansion of County Fair Drive and related appurtenances(the"Prosect");and C. In relation to the Project, Grantee desires to obtain a temporary construction and access easement over, upon, across, and through a certain portion of the Grantor Tract, as more particularly described on Exhibit A and generally depicted on Exhibit B, each attached hereto (the "Easement Area"), and Grantor desires to grant such easement rights to Grantee, all under the terms and conditions below. NOW THEREFORE, in consideration of the terms and conditions hereof, including the foregoing recitals which are incorporated herein by reference, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. GRANT OF TEMPORARY EASEMENT;TERM. Grantor hereby grants and conveys to Grantee and its employees, agents, contractors, invitees, and licensees, a temporary easement over, upon, across, and through the Easement Area (the "Temporary Easement") during the Term (as defined below) for purposes of (i) temporarily placing and storing construction machinery, equipment, supplies, materials, dirt and other items necessary for the completion of the Project, (ii) ingress and egress to and from the Easement Area, and (iii) construction and installation of an expansion of County Fair Drive and related appurtenances, all in relation to the Project. Grantor shall not block, close, or impede the free flow of access to, from or across the Easement Area or erect or permit the erection of any barriers, obstructions or other improvements on or within the Easement Area that unreasonably interfere with the use thereof by Grantee for the purposes contemplated in this Agreement. The term of the Temporary Easement shall commence on 100186671.DOCX;1}