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�* ' PS- FORM 1001-G
<br /> REVISED APRIL 29,2008
<br /> AGREEMENT NO. CSX65443]
<br /> FACILITI'ENCROACHMENT AGREEMENT
<br /> THIS AGREEMENT,Made and effective as of May 25, 2010,by and between CSX
<br /> TRANSPORTATION INC., a Virginia corporation, whose mailing address is 500 Water Street,
<br /> Jacksonville, Florida 32202,hereinafter called "Licensor," and DECATUR CITY OF, a
<br /> municipal corporation,political subdivision or state agency,under the laws of the State of
<br /> Illinois, whose mailing address is No. 1 Gary K. Anderson Plaza,Decatur, Illinois 62523,
<br /> hereinafter called "Licensee," WITNESSETH:
<br /> WHEREAS, Licensee desires to construct(unless previously constructed and designated
<br /> as existing herein),use and maintain the below described facility(ies),hereinafter called
<br /> "Facilities," over,under or across property owned or controlled by Licensor, at the below
<br /> described location(s):
<br /> l. One(1) six inch(6") diameter sub-grade pipeline crossing with twelve inch (12") steel
<br /> casing, solely for the conveyance of raw/treated sewage, located at or near Decatur, Macon
<br /> County, Illinois,Nashville Division,Decatur Subdivision, Milepost BD-272.95
<br /> hereinafter, collectively, called the"Encroachment," as shown on print(s)labeled Exhibit "B,"
<br /> attached hereto and made a part hereof; other details and data pertaining to said Facilities being
<br /> as indicated on Exhibit "A," also attached hereto and made a part hereof;
<br /> NOW,THEREFORE, in consideration of the mutual covenants, conditions, terms and
<br /> agreements herein contained, the parties hereto agree and covenant as follows:
<br /> 1. LICENSE:
<br /> 1.1 Subject to Article 17, Licensor, insofar as it has the legal right,power and
<br /> authority to do so, and its present title permits, and subject to:
<br /> (A) Licensor's present and future right to occupy,possess and use its
<br /> property within the area of the Encroachment for any and all purposes;
<br /> (B) All encumbrances, conditions, covenants, easements, and limitations
<br /> applicable to Licensor's title to or rights in the subject property; and
<br /> (C) Compliance by Licensee with the terms and conditions herein
<br /> contained;
<br /> does hereby license and permit Licensee to construct, maintain, repair,renew, operate,use, alter
<br /> or change the Facilities at the Encroachment above for the term herein stated, and to r•emove
<br /> same upon termination.
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