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South 0 degrees 08 minutes 24 seconds East 425.11 feet, along said permanent <br /> easement, to the Point of Beginning. Said parcel contains 0.429 acres, more or less, <br /> situated in the County of Macon, State of Illinois. The above-described real estate and <br /> improvements located thereon are herein referred to as the "premises." <br /> The grant aforesaid is made solely upon the conditions and limitations hereinafter <br /> contained, and the Grantee, by its acceptance of the said grant, accepts such conditions <br /> and limitations and agrees to the full, strict and prompt observance and performance <br /> thereof. <br /> 1. The easement granted in this indenture is limited to the uses and purposes <br /> hereinbefore expressed and for no other purpose whatever. <br /> 2. Terms and conditions covering the construction and maintenance of said <br /> Highway across and upon and/or over said easement(s) and the expenses resulting there <br /> from are covered by a separate force account agreement with Illinois Department of <br /> Transportation for the Grade Separation of the Highway, hereinafter referred to as <br /> "Agreement", except as may be specifically provided in said separate Agreement, all work <br /> set forth therein shall be performed at no expense to Grantor. <br /> 3. The Grantor reserves to itself, its grantees (other than the Grantee named in this <br /> indenture), licensees, lessees, successors and assigns, the right not only to continue to <br /> keep and use or operate all tracks and other facilities or structures now upon or beneath <br /> the surface of, or above, the said described premises, but also the right to install and use <br /> or operate additional tracks, facilities and structures upon and beneath the surface of, or <br /> above, the said described premises and the Grantor reserves also the right to grant to <br /> others permission to install and use or operate other facilities and structures, including, <br /> but not limited to, underground pipes and conduits, upon and beneath the surface of the <br /> said premises, and overhead wires, cables, and poles or other structures for the support <br /> of such facilities and structures which may now or hereafter be on the said premises, <br /> provided that said installations can be made without interference with the use of the said <br /> premises as provided in this easement, impair the highway or interfere with the free and <br /> safe flow of traffic thereon. No attachments of any kind will be permitted to be installed on <br /> any structures or facility of the Grantee without the prior written consent of the Grantee, <br /> which consent will not be unreasonably withheld. <br /> 4. The Grantee shall, without charge or assessment therefore against the Grantor <br /> or the Grantor's property, and in accordance with the plans and specifications <br /> titled PLANS FOR PROPOSED LOCAL AGENCY IMPROVEMENT FAU ROUTE <br /> 7448 (BRUSH COLLEGE ROAD) OVER FAIRIES PARKWAY GRADE <br /> SEPARATION,which have been submitted to Grantor's Chief Engineer or his duly <br /> authorized representative. Grantee will perform all work and furnish any material <br /> necessary for the construction and maintenance of the Highway. If any material <br /> changes to said plans and specifications are required for the future construction, <br /> operation, use, maintenance, repair and replacement of the Highway, within the <br /> easement area, Grantee shall submit plans and specifications to Grantor's Chief <br /> Engineer or his duly authorized representative for review and comment. The <br /> 2 <br />