2024-84 Ordinance Granting a Permanent Easement to the Sanitary District of Decatur under Lake Decatur

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Subject to easements,covenants and restrictions of record. together with the perpetual right of access,ingress,and egress at all reasonable times to and from the property herein described for the purpose aforesaid. It is expressly covenanted and agreed between the Grantor and the Grantee herein,and as covenants running with the land herein described,as follows: (1) No permanent building or structure shall ever be constructed by the Grantor or its successors in interest, on said easement;provided however,the Grantor and its successors may use said strip of land for driveway,parking area,growing crops,fence or lawn improvements,as long as such use does not prohibit, damage,or unreasonably interfere with the use and purposes of said easement,or access by the Grantee for its use and purposes. (2)The Grantee shall have the right and obligation to restore the surface of that part of the property herein described used for construction purposes,to its original grade and to re-seed any disturbed areas which were used as lawns,pastures,and greenways at the time of this easement. (3) Any fence or other improvement not inconsistent with this easement which was located on the area covered by this easement,but which is moved or disturbed during construction,shall be restored as nearly as possible to its condition immediately prior to construction,at the expense of the Grantee. (4) The Grantee shall make reasonable effort to preserve any trees, shrubbery, or other items of landscaping during construction,but the Grantee shall have the right to remove,without obligation to replace, trees and shrubbery within the area covered by the easement where such removal is reasonably necessary to the economical construction,reconstruction,or repair of the Sanitary Sewer and for the access of equipment. (5)Said Sanitary Sewer and all facilities used or useful in connection therewith shall be installed and maintained at Grantee's sole risk and expense,with due diligence and in a workmanlike manner,and Grantee shall indemnify and save Grantor harmless from any loss,damage,or injury to person or property arising out of the Grantee's operations hereunder,except such as may directly result from the negligence of Grantor. (6)Notwithstanding the description contained herein,the easements granted hereby shall only extend to so much of the property described herein as is actually owned by Grantor on the execution date hereof. Further, the easements granted hereby are under and subject to any existing easement, right of way, reservation,restriction or other defect in the title either of record or,if not of record,visually discernable on Page 2 of 3