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R94-182 ACCEPTING QUIT CLAIM DEED AND AUTHORIZING EASEMENT
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R94-182 ACCEPTING QUIT CLAIM DEED AND AUTHORIZING EASEMENT
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7/12/2016 1:55:50 PM
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Resolution/Ordinance
Res Ord Num
R94-182
Res Ord Title
ACCEPTING QUIT CLAIM DEED AND AUTHORIZING EASEMENT - SOUTH EDWARD STREET
Approved Date
11/21/1994
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, . aooK 2 5 '7 2�ACE 4 5 � <br /> Westerly line of the above described property to a point on the Northwesterly line of a 40 foot wide easement to the <br /> Sanitary District of Decatur as recorded as Document No. 121293 of the records of the Recorder's Office of Macon <br /> County, Illinois; thence Northeasterly along said Northwesterly easement line to a point of intersection with the <br /> North line of the aforesaid described property; thence Easterly along said North line to the Northeast corner of said <br /> property; thence Southerly along the East line of said property on a bearing of S.0°04'25.9"W, for 308.06 feet; <br /> thence continuing South along said East line on a bearing of S.0°36'06.6"E, for 66.94 feet; thence Southwesterly on <br /> a bearing of S.38°27'26.3"W, for 665.37 feet to a point on the South line of said property; thence Westerly along <br /> said South line 55.0 feet to the place of beginning, said point being the Southwest corner thereof. <br /> together with the perpetual right of access, ingress and egress at all reasonable times to and <br /> from the property herein described for the purpose aforesaid. <br /> It is expressly covenanted and agreed befinreen the Grantor(s) and the Grantee herein, <br /> and as covenants running with the land herein described, as follows: <br /> 1. No permanent building or structure shall ever be constructed by the Grantor(s) <br /> or his, hers, their or its successors in interest, on said easement; provided however, the <br /> Grantor(s) and his, hers, their, or its successors may use said strip of ground for driveway, <br /> parking area, growing crops, fence or lawn improvements, as long as such use does not <br /> prohibit, damage, or unreasonably interfere with, the use and purposes of said easement, or i <br /> access by the Grantee for its use and purposes. <br /> 2. The Grantee shall have the right and obligation to restore the surface of that <br /> part of the property herein described used for construction purposes, and to re-seed any <br /> disturbed areas which were used as lawns at the time of this deed. <br /> 3. Any fence or other improvement not inconsistent with this easement which was <br /> located on the area covered by this easement, but which is moved or disturbed during <br /> construction, shall be restored as nearly as possible to its condition immediately prior to <br /> construction, at the expense of the Grantee. <br /> 4. The Grantee shall make reasonable effort to preserve any trees, shrubbery, or <br /> other items of landscaping during construction, but the Grantee shall have the right to remove, <br /> without obligation to replace trees and shrubbery within the area covered by the permanent <br /> easement where such removal is reasonably necessary to the economical construction, <br /> reconstruction or repair of the sewer and for the access of equipment_ <br /> 5. Said facilities used or useful in connection therewith shall be installed and <br /> maintained at Grantee's sole risk and expense, with due diligence and in a workmanlike <br /> manner, and Grantee shall indemnify and save Grantor(s) harmless from any loss, damage, or <br /> injury to person or property arising out of Grantee's operations hereunder, except such as may <br /> directly result from the negligence of Grantor(s). <br /> 6. This Agreement contains all the terms and conditions agreed upon by the <br /> parties and no other Agreements, oral or otherwise, shall be deemed to exist. <br /> 7. The undersigned are authorized and directed to execute this easement by the <br /> City of Decatur City Counsel. <br />
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