|
AFTER RECORDING RETURN TO:
<br /> (This space reserved for recording information)
<br /> TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
<br /> THIS TEMPORARY C011STRUCTION EASEMENT AGREEMENT (this "Agreement") is entered into this
<br /> kms\day of , 2018 (the "Effective Date"), by and between JEFFREY L. SHADE,THOMAS
<br /> M.SHADE,SARAH MI PETERSON,as Trustee of the Sarah M. Peterson Trust dated July 10,2012,WILLIAM P.
<br /> SHADE III as Trustee of the William P.Shade III Trust dated October 25,2013 (the "Grantor"),whose address
<br /> for notice is 13 Z. 5 , WAT&'�t , S Vt Q 61F``
<br /> 1F`` 'OL,u.LVxO -, and THE CITY OF DECATUR, ILLINOIS, an
<br /> Illinois municipal corporation ("Grantee'), whose address for notice is 1 Gary K. Anderson Plaza, Decatur, IL
<br /> 62523. Grantee and Grantor may be jointly referred to herein as the "Parties" or individually as a "Party."
<br /> RECITALS
<br /> A. Grantor is the owner of certain real property located in Macon County, Illinois,which tract is
<br /> generally adjacent to County Fair Drive,a publicly dedicated right-of-way operated and maintained by Grantee
<br /> (the "Grantor Tract");
<br /> B. Grantee is in the process of constructing and installing an expansion of County Fair Drive and
<br /> related appurtenances (the"Proiect'); and
<br /> C. In relation to the Project, Grantee desires to obtain a temporary construction and access
<br /> easement over,upon,across,and through a certain portion of the Grantor Tract,as more particularly described
<br /> on Exhibit A and generally depicted on Exhibit B, each attached hereto (the "Easement Area"), and Grantor
<br /> desires to argnt such easement rights to Grantee, all under the terms and conditions below.
<br /> NOW THEREFORE,in consideration of the terms and conditions hereof,including the foregoing recitals
<br /> which are incorporated herein by reference, and other good and valuable consideration, the receipt and
<br /> sufficiency of which is hereby acknowledged,the Parties agree as follows:
<br /> 1. GRANT OF TEMPORARY EASEMENT:TERM. Grantor hereby grants and conveys to Grantee
<br /> and its employees,agents, contractors, invitees,and licensees, a temporary easement over, upon,across, and
<br /> through the Easement Area (the "Temporary Easement") during the Term (as defined below) for purposes of
<br /> (i)temporarily placing and storing construction machinery,equipment,supplies,materials,dirt and other items
<br /> necessary for the completion of the Project, (ii) ingress and egress to and from the Easement Area, and (iii)
<br /> construction and installation of an expansion of County Fair Drive and related appurtenances,all in relation to
<br /> the Project. Grantor shall not block, close, or impede the free flow of access to,from or across the Easement
<br /> Area or erect or permit the erection of any barriers, obstructions or other improvements on or within the
<br /> Easement Area that unreasonably interfere with the use thereof by Grantee for the purposes contemplated in
<br /> this Agreement. The term of the Temporary Easement shall commence on the Effective Date and shall
<br /> automatically terminate on the earliest to occur of(a)one (1)year following the Effective Date or(b) date the
<br /> 100186670.DOCX;l l
<br />
|