4583 - 48 Accept sewer easement to construct interceptor sewer

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ORDINANCE No, 4583 by Mr. Quinn AN OHDI~,~ authorizing the Mayer to accept the certain sewer easement from %~illmetta S. DeVenne~ for the eonstX'~ctions of an interceptor sewer. BE IT ORDAIneD BY THE COUNCIL OF THE CITY OF LAKEY."OOD, STATE OF OHIOl Section 1. That the Mayor be and he is hereby on behalf of the City of Lmkewood, authorized and directed to accept the certain sewer easement from F;~ll~etta S. DeVenne, reading substantially as KN~V. ALL MEN BY 'l~SE PRESENTS that I, Willmetta S. DeVenne the Grantor, for the consideration of One Dollar ($1.00) and c~her valuable consideration, received to my full satisfaction ef the City 9f Lakewood, a municipal corporation, · the Grantee~ and in consideration of the covenants and agreements of the Grantee hereinafter set forth, do hereby give, grant, bargah, sell and convey %o the said Grantee and its corporate successors, a perpetual easement and right of way for the construction, maintenance, and operation of an Intereeptor Sewer in and through the followin~ described premises, %o-wit~ Situated in the City of Lakewood, County of Ouyaho~a and State of Ohio and kn~.n as being part of Original Rockport Township Section No. 21, bounded and described as follows~ Beginning in the Eorthwesterly corner of proposed Lot Bo. 6 in the proposed Winton Subdivision, which point bears North O' ~0' 00" ~est ~.~.9.%8 feet from a point in the center line of Lake Avenue (100 feet wide), which point is distant North 73' 41' West 879.07 feet along said center line from the montu~ent mark/nc the center line of Cove Avenue~ thence from said place of beginning in the Northern line of said Lot, in the arc of a circle whose radius is 1220.78 feet long chord 20.80 feet and bears South 86' 28' 04" East an arc distance of 20.81 feet to a point; thence South 82' 6' 24" East 66.02 fee% to the East line of Lot No. 6, which is also the Easterly line of land conveyed %o Wi]~metta S. De,anne by deed dated February 1~ 1946 and recorded in Volume 6062, rase 4 .of Cuyahoga County Becords~ - thence in said East line South 0 50' O" East 10.12 feet$ thence North 82' 7' 24" %~est 87.00 feet to the West line of Lot No. 6, which is also the Westerly line of ~and conveyed to Willmetta S. DeVenne as aforesaid; thence North 0' O" West 8.52 feet to the place of beginning, be the same more or less, but subject to all legal said sewer to be constructed and maintained by the process of tunneling~ access to said sewer and to the tunnel in which said sewer is constructed to be had solely by or through shafts located on premises other than premises of the ~rantor, and the top of said tunnel to be at a depth of approximately ~wenty (20) feet below the surface of the above described premises~ reserving, however, to me and my heirs and assigns, the un- restricted use of the above described premises, subject only to said easement and right of vmy and the subterranean portion thereof to be occupied by said tunnel and sewer. TO HAVE AND TO HOLD said easement and right of way unto the said Grantee, and its corporate successors, forever. Said easement and right of way is granted upon the express condition that the Grantee shall, and the Grantee b~y the acceptance of thi grant hereby does, covenant and agree as follOWs: construct~/~d ma.~J~V2~t~a-~[~ such manner that the surface of the premises now owned by the Grantor, of which the above