R2024-39 Resolution Authorizing a Letter of Amendment to the Construction and Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project, City Project 2009-33, Section No. 09-00933-01-BR

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Owner: Illinois Central Railroad Company Route: F.A.U. 7448 Section: 09-00933-01-BR County: Macon Project No.: North Brush College Road Parcel No.: 33 P.I.N. No.: 04-13-06-476-014 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE WITNESSETH, that the Grantor, ILLINOIS CENTRAL RAILROAD COMPANY, a corporation of the State of Illinois, and duly authorized to do business in the State of Illinois, for and in consideration of the sum of Eight Thousand Three Hundred AND NO/100 Dollars ($8300.00) in hand paid, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, hereby grants, so far as it lawfully may, to the City of Decatur, hereinafter referred to as Grantee, temporary easements for the purpose of grading, track realignment, public roadway & appurtanances and other highway purposes of Brush College Road, hereinafter for convenience referred to as "Highway", over, upon and across the right of way and property of Grantor, in the vicinity of Grantor's Peoria Subdivision, Milepost 0.83, DOT#291386B, in the City of Decatur, Macon County, in the State of Illinois, as shown on print(s) attached hereto and made a part hereof, and described as follows: Temporary Construction Easement 1 Part of Lot One (1) of Westlake 3rd Addition of Outlots to the City of Decatur, Illinois, per Plat recorded in Book 536, Page 66 of the Records in the Recorder's Office of Macon County, Illinois, described as follows: The east Eighty-Five (85) feet of said Lot One (1). Said parcel contains 0.293 acres, more or less, of which 0.102 acres, more or less, is within an existing permanent easement established in 1993 per Roadway Improvement Section 90-00119-00-PV and of which 0.008 acres, more or less, is within an existing municipal improvement easement established by said Westlake 3rd Addition. Temporary Construction Easement 2 A part of the Illinois Central Railroad Companies 50 foot Right of Way as described in Book 986 at Page 33 as Document Number 441361 of the Records in the Recorder's Office of Macon County, Illinois and being located in the East Half of the Southeast Quarter of Section 6, Township 16 North, Range 3 East of the Third Principal Meridian, described as follows: Commencing at an Illinois Department of Transportation Vault found at the southeast corner of said Section 6 per Monument Record recorded as Document 1894076 of the records aforesaid; thence, along bearings reference to the Illinois State Plane Coordinate System, NAD83 (2011 Adjustment), East Zone, North 0 degrees 08 minutes 24 seconds West 1173.10 feet along the east line of said Section 6; thence North 90 degrees 00 minutes 00 seconds West 36.00 feet to an existing permanent easement established in 1993 per Roadway Improvement Section 90-00119-00-PV and the Point of Beginning; thence continue North 90 degrees 00 minutes 00 seconds West 44.00 feet to the west line of said Railroads 50 foot Right of Way; thence North 0 degrees 08 minutes 24 seconds West 425.00 feet along said Right of Way; thence North 89 degrees 51 minutes 36 seconds East 44.00 feet to said existing permanent easement; thence