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T(\O 1976417 R '
<br /> Macon Co.,111nots
<br /> S.S.by May A.Eaton Recorder •:':';'•`:"'
<br /> Prepared bv: 4)
<br /> Book: 4812 Page: 54 ....... .
<br /> Receipt#:!!4713 Record/4?J.w.-63-00
<br /> ages Recorded!2 Rented HousGt�`•Stats: g.00t
<br /> Andrew P. Chiligiris,Attorney Authorked By....sa�l«�'t'F4.
<br /> 143 N.Water St. Date Recorded: 3/31/2021 9:43:51 AM%: ;;:.,
<br /> Decatur,IL 62523
<br /> 4�ti
<br /> ':• .
<br /> NON-EXCLUSIVE EASEMENT
<br /> This Agreement is entered into by FAIRVIEW PARK PLAZA,LLC,an'ttl!Yibis limited liability
<br /> company("Fairview"), as Grantor, and the CITY OF DECATUR,Illinois, an Illinois municipal
<br /> corporation(the "City"), as Grantee,this _1" -'-"day of Febtkry,2021.
<br /> WHEREAS,Fairview is the owner of that certain tract-d lod legally described and
<br /> depicted on Exhibit Al attached hereto and made a patif}icof(fie "Parent Parcel");and
<br /> WHEREAS,the City desires to receive from 14"j*;9w"and Fairview is willing to provide
<br /> to the City anon-exclusive easement through Gain p"Q�",ions of the Parent Parcel, as legally
<br /> D;F
<br /> described and depicted on Exhibits B 1 and �fiEacheOcreto and made a part hereof(the
<br /> "Easement Areas")to construct, install,u$sL opei' ;X�pair,maintain,remove and/or replace
<br /> combined sanitary storm sewer lines(thy Viewer I�' .s") and a Watermain(the"Watermain");
<br /> 4.
<br /> and
<br /> WHEREAS,this Agreemot sli' jtliimate and replace a Non-Exclusive Easement
<br /> between Fairview and the City 464d DeCe4hber 12,2014 and recorded January 12,2015 in Book
<br /> 4413,Page 293 as Document-)K--1%- 2a44 in office of the Macon County,Illinois Recorder
<br /> which did not include a WaWmain.
<br /> NOW,THEREVO ;'in consideration of the mutual agreements herein contained and for
<br /> other good and valu0%cbii§ideration,the parties hereby grant,covenant and agree as follows:
<br /> 1. Gi Basement.Fairview grants to the City a non-exclusive perpetual
<br /> easement for the cd&truction, installation,use, operation,repair,maintenance,removal and/or
<br /> replacemeig.'H-5;areF,Mines and a Watermain below the Easement Areas,together with all rights
<br /> reasonably mpliby and incidental to the exercise of the rights herein granted, including the
<br /> reasonably right :ingress and egress to and over the Easement Areas and temporarily over the
<br /> Parerai P e },. •la11 purposes herein stated.
<br /> • Maintenance,Repair,Etc.The City agrees to construct and maintain the Sewer
<br /> 9 the Watermain in good order, condition and repair(including,without limitation,
<br /> ' racing necessary repairs,replacements and renewals)in accordance with good commercial
<br /> prdEices and all applicable laws,and shall be solely responsible for all construction,
<br /> `'�����•ma' tenance,repair and replacement of the Sewer Lines and the Watermain. Fairview may not
<br />
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