R89-170 AUTHORIZING GRANTS OF EASEMENT - SANITARY DISTRICT OF DECATUR

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� , tra�� of Right of Way on a bearing of S.O1°-38'-47"W. for 626.78 feet to ' t.".a place of beginning and containing in all 39070 square feet or 0.897 acres more or less. And also a Temporary Constructicn Ease.ment as shown on ' �the attached plat and made a part hereof. tagether with the perpetual right of access, ingress and egress at all reasonabie times to and from the property herein described for the purpose aforesaid. it is expressly covenanted and agreed between the Grantor(s) and the District herein, and as covenants running with the land herein described, as follows: 1. Yo permanent building or structure shall ever be constructed by the Grantor(s) or his, her, their, or its successor in interest, on said easement; provided however, the Grantor(s) and his, her, their, or its successors may use said strip of ground for driveway, parking area, growing crops, fence or lawn improvements, as long as such use does not orohibit, damage, or unreasonably interfere with, the use and purpose of said easement, or access by the District for its use and purposes. Z The District 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 at the time of this deed. 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 oz disturbed during construction, shall be restored as nearly as possible to its condition immediately prior to construction, at the expense of the District. 4. The District shall make reasonable effort to preserve any trees, shrubbery, or othe� items of landscaping during construction, but the Distzict shall have the right to remove, without obligat�on to replac2, trees and shzubbery within the area covered by the permanent easement where such removal is reasonably necessary to the economicai construction, reconstruction or repair of the sewer and fQr the access of equipment. S. Said sewer or sewers and all facilities usea or useful �n connection therewith shall be installed and maintaiaed at District's sole risk and expense, with due diligence and in a workmanlike manner, and District shali indemnify and save Grantor(s) harmless from any loss, dzmage, or injury to person or property arising out of District's operations hereunder, except such as may directly result from the negligence o= Grantor(s) . 6. The Grantor(s) or his, her, their, or its successors in ti�le shall have no right to connect to said sewes without the prior written consent of the District. 7. The temporary constru;.tion easement shall terminate upon completion or acceptance by the District of said improvements. Sheet 2 of S Sheets