R2005-166 AUTHORIZING EXECUTION OF GRANT OF EASEMENT

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GRANT OF EASEMENT The Grantor, City of Decatur, of the County of Macon and State of Illinois, for and in consideration of the sum of$480.00 for a permanent easement, the receipt of which is hereby acknowledged, conveys and warrants to Lincoln Square Theatre (Grantee), its successors and ; assigns, a permanent easement, for the purpose of constructing, maintaining, and repairing, ! operating and protecting two emergency exits for the building commonly known as: 141 North Main 3treet, Decatur, Illinois 62523, said easement to be shown on the attached plat, which plat is made a part of this Agreement, on, under, over, and across the following described property: Commencing at the Northwest corner of Lot Nine (9) of the Assessor's Resurvey of Block Three (3) of the Original Town of Decatur; thence 120 feet south on the West line of said Lot Nine (9) to the point of beginning; thence west 6 feet; thence south 80 feet; thence east 6 feet; thence north 80 feet to the point of beginning. 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: l. That this easement is for two emergency exits for the building commonly known as 141 North Main Street in Decatur, Macon County, Illinois. _ 2. During the period of construction, the Grantee shall have the right to use the City ' of Decatur Public Right-of-Way North, South and West of the easement area. Grantee shall notify the Grantor when construction shall commence. Grantee agrees that construction shall be concluded within 30 days of the notice that construction has commenced. 3. No permanent building or structure shall ever be constructed by the Grantor or his, her, their, or its successors in interest, on said permanent easement,provided, however, the Grantor or its successors may use said strip of land for emergency purposes or to construct infrastructure, utilities or public safety improvements which shall not permanently interfere with Grantee's easement use. 4. Said facilities used 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. Grantee shall � �v