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, � <br /> Section 2. That the benefits which will be accrued to the owner of abutting property by <br /> reason of the vacation aforesaid is determined to be, in the judgment of the Council, equal to the <br /> sum of Seventy-One Thousand, Eight Hundred Dollars ($71,800.00). <br /> Section 3. That the vacation herein provided for is made upon the express condition that <br /> there shall be paid to the City of Decatur, Illinois, by or on behalf of the owner of the property <br /> abutting upon said portion of said streets vacated hereby the sum of$71,800.00 as compensation <br /> for the benefits determined as above set out herein upon the payrnent whereof such vacation shall <br /> become effective. <br /> Section 4. That there is hereby reserved in, over, along and under the above-described <br /> portion of said streets to the City of Decatur, Illinois, and to the public and to those utilities and <br /> companies as the case may be owning public service facilities, mains, sewers, telephone and <br /> electrical or other public utilities, such property, rights of way and easements as are or may be <br /> necessary or desirable for continuing public service by means of such facilities and for the <br /> maintenance, renewal and reconstruction thereof with the right of ingress and egress for such <br /> purposes. <br /> Section 5. That this vacation shall become effective upon, and only upon, the execution <br /> and recording of an agreement between the City and Decatur Memorial Health Foundation <br /> whereby the Foundation agrees to maintain the former right-of-way of Hay Street from Monroe <br /> Street to Edward Street for the use of the public and further agrees to hold the City harmless from <br /> any liability for any costs, damages or suits arising out of or related to such public use, and the <br /> Corporation Counsel and the City Clerk are hereby authorized to execute such agreement on <br /> behalf of the City. <br /> PRESENTED, PASSED, APPROVED AND RECORDED this 1'7th day of December, <br /> 2001. <br /> T . WLEY <br /> YOR <br /> ATTEST: <br /> 2 <br /> / � <br /> �P��� - �!'1.�.� <br /> CITY CLERK <br />