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AFTER RECORDING RETURN TO:
<br /> (This space reserved for recording information)
<br /> UTILITY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
<br /> (Water Line)
<br /> THIS UTILITY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT(the "Agreement") is entered into
<br /> on this day of . 2018 (the "Effective Date"), by and between CENTRAL ILLINOIS BANK, AS
<br /> TRUSTEE UNDER TRUST NO. 90-5069 (the "Grantor"), having a mailing address of 143 N. Water Street, Decatur, IL,
<br /> 62623,and THE CITY OF DECATUR, ILLINOIS,an Illinois municipal corporation ("Grantee"), having a mailing address of
<br /> 1 Gary K.Anderson Plaza, Decatur, IL 62523.
<br /> A. Grantor is the owner of certain tracts of property located in Macon County, Illinois, generally
<br /> depicted on Exhibit A attached hereto, and more particularly described on Exhibit B(the"Utilitv Easement Tract") and
<br /> Exhibit C, each attached hereto (the "Temporarv Construction Easement Tract", and together with the Utility
<br /> Easement Tract,collectively the "Easement Tracts").
<br /> B. Grantee desires to construct and install an underground water line through the Utility Easement
<br /> Tract, and Grantor desires to permit the same,all under the terms and conditions hereof.
<br /> NOW THEREFORE, in consideration of the terms and conditions hereof and other valuable consideration,the
<br /> receipt and sufficiency of which are hereby acknowledged,the parties agree as follows:
<br /> 1. GRANT OF UTILITY EASEMENT. Grantor hereby grants to Grantee and its affiliates, licensees,
<br /> tenants, agents, and employees, a non-exclusive, perpetual easement over, under, upon and across the Utility
<br /> Easement Tract for the purposes of constructing, laying, maintaining, operating, repairing and removing,from time to
<br /> time, a water line and necessary attendant equipment and facilities (collectively, the "Utilitv Facilities"). As
<br /> consideration for this Easement, Grantee will grant to Grantor Three(3)water main taps installed at various locations
<br /> along the line with a shut off valve at grade level.The fee for these waterline taps is waived.
<br /> 2. GRANT OF TEMPORARY CONSTRUCTION EASEMENT. Grantor hereby grants to Grantee and its
<br /> affiliates, licensees,tenants, agents,and employees, a temporary, non-exclusive easement, over, upon and across the
<br /> Temporary Construction Easement Tract (the "Temporarv Construction Easement") during the Term (as defined
<br /> below)for the purpose of(i) pedestrian and vehicular ingress and egress to and from the Utility Easement Tract; and
<br /> (ii) the placing and storing of construction vehicles, machinery, equipment, supplies, material, dirt and/or fill, in each
<br /> case in relation to the initial constructing of the Utility Facilities located within the Utility Easement Tract. The term of
<br /> the Temporary Construction Easement shall commence on the Effective Date of this Agreement and automatically
<br /> terminate upon the date construction and installation of the Utility Facilities are completed (the "Term").
<br /> Notwithstanding the foregoing, Grantee shall have a reasonable amount of time, not to exceed ten (10) days, after
<br /> the expiration of the Term to remove any of Grantee's equipment, materials, or other items of personal property
<br /> from the Temporary Construction Easement Tract and to restore the Temporary Construction Easement Tract as
<br /> required by Section 8 below.
<br /> {00186687.DOCX;1}
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