2018-55 Amended Ordinance Authorizing a Lift Station Easement and Access Agreement Between the City of Decatur and Clifford Mason

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_ , PREPARED BY AND RETURN TO: (Space above reserved for recording information) �IFT STATION EASEMENT AND ACCESS AGREEIVIENT AND ' VACATION OF PREVIOUSLY RECORDED LIFT STATION EASEMENT THIS LiFT STATION EASEMENT AND ACCESS AGREEMENT(the "A�reement") is entered into effective as of the day of September,2018{the"Effective Date"},by and between CLIFFORD MASQN,an individuaf, whose address for notice is 161 Hightide pr., Decatur, IL 62521 ("Grantor"), and THE CITY OF DECATUR, ILLINOIS,an Illinois municipal corporation ("Grantee"�, having a mailing address af 1 Gary K.Anderson Plaza, Decatur, IL 62523. RECITAIS A. Grantor owns a tract of land lacated Macan County,Illinois,as depicted on the Easement P1at marked Exhibit A and further described in the legal descriptian marked Exhibit B attached hereto (the "Easement Area°j; 8. Grantee desires to construct, maintain, repair,and operate a sanitary sewer lift station,with related equipment and appurtenances(the"Lift Station"}on the Easement Area; and C. Grantar desires to grant to Grantee such non-exclusive easement and access rights in and to the Easement Area as may be necessary ta allow Grantee to aperate and maintain the Lift Station and its related equipment and appurtenances,all under the terms and canditions set forth below. NOW, IN COIVSIQERATfQN of the terms and conditians hereof and other goad and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. GRANT OF LIFT 5TATICiN EASEMENT. Grantor hereby grants and canveys to Grantee, a perpetual, non-exclusive easement over, across, upon and under the Easement Area for purposes of (i) constructing, utilizing, repairing, maintaining, replacing and removing the Lift Statian, and its related equipment, infras#ructure,and facilities;and(ii)installing,utilizing,repairing,maintaining, replacing and removing sanitary sewer and force main sewer lines, and any and all attendant equipment, infrastructure and facilities on and under the Easement Area, as may be necessary to utilize the Lift Station (collectively, the "Lift 5tation Easement"},together with the right of reasonable ingress and egress to and from the�ift Station as necessary in connection with any of the foregoing. 2. MANNER OF PERFORMANCE. Grantee's rights hereunder shall be exercised (i)in compliance with all applicable laws, regulations and codes, and (ii} in a manner ta minimize any unreasanabfe disruption or interference with Grantor's use of Grantor's adjacent property. 3. RESERVED RtGFITS. Notwithstanding the grant of the Easements set forth above,Grantor specificatiy reserves the right to use Grantar's adjacent property in any manner which does not materially interfere with