R2016-113 AUTHORIZING A PERMANENT EASEMENT TO THE SANITARY DISTRICT OF DECATUR FOR THE SPRING CREEK PIPE BRIDGE REPLACEMENT

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EASEMENT AGREEMENT WHEREAS,the City of Decatur, (hereafter"Owner")is the Owner of the real estate described as: All of Lot 4 lying South of the River of Video Place, a Subdivision in the City of Decatur, situated in the South half of the Northeast Quarter of Section 22 in Township 16 North,Range 2 East of the Third Principal Meridian in Macon County, Illinois, except for Decatur-Vulcan Addition Recorded in Book 1832,Page 848, Situated in Macon County, Illinois. WHEREAS,the Sanitary District of Decatur(hereafter"SDD")has an existing easement on the real estate described and shown on Exhibit"A"and desires an easement on the real estate described and shown on Exhibit"A"referred to as 22' PERMANENT SANITARY SEWER EASEMENT. WHEREAS, Owners and SDD wish to accept a new easement described in Exhibit "A"subject to the relocation of the existing SDD sewer line in the new easement; said relocation and all related construction activities must be performed to the sole satisfaction of SDD. NOW,THEREFORE,Owner and SDD for and in consideration of the mutual agreements set forth herein and other good and valuable consideration set forth herein, mutually agrees as follows: 1. Owner grants and conveys to SDD,their successors,assigns and contractors and for their use an easement for a sewer pipe located on E�ibit "A" and referenced to as 22' PERMANENT SANITARY SEWER EASEMENT. In addition, a. This easement grants all the rights and privileges to SDD which are necessary to construct and maintain a sewer line and all necessary sewer facilities. This Easement shall run with the land and be binding on all of the parties acquiring any interest in such property or lots covered hereby and all persons or entities claiming under them. The Owner further grants ', to SDD a temporary easement for construction,repairs and maintenance and/or rehabilitation of the sewer line or sewer facilities as shown on Exhibit"A". ' b. No permanent building or structure shall ever be constructed by the Owner or its successors in interest on said easement• rovided however,the Owner and its successors may use said strip of land for driveway,parking area,growing crops, fence or lawn improvements, as long as such does not prohibit, damage or unreasonably interfere with the use and purposes of said easement, or access by SDD for its use and , purposes. Page 1 of 4