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Ord. #1683
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<br /> described premises are a part, sb-ll not be
<br /> broken, and that no building, structure or other
<br /> property lecated on said premises new owned by the
<br /> Grantor shall be injured, disturbed or damaged, and
<br /> that in the event of any dn~nge er injury to said
<br /> premises now owned by the Grantor or to any of the
<br /> buildinEs, structures or other proper~y located thereon,
<br /> resulting from the construction, repair or r~construction
<br /> of said sewer or of said tu~uel, the Grantee
<br /> promptly restore said premises and said buildings, structures
<br /> and other property as nearly as may be to the same condition
<br /> as existed before such construction, repair or reconstruction{
<br /> and
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<br /> 2~ That the Grantee will indemr, ify and eaw~ harmless the
<br /> Grantor from any and all liability arising or resulting
<br /> the construction, maintenance, repair or reconstruction of
<br /> said sewer or of said tunnel, and will also inde~ and
<br /> save harmless the Grantor from, and will fully compensate
<br /> the Grantor for, any and all damages whatsoever to said
<br /> premises now owned by the Grantor and /or to the buildings,
<br /> structures or other property located thereon, caused by
<br /> or resulting from the construction, maintenance, repair or
<br /> reconstruction of said sewer or of said tunnel in or
<br /> through the above described premises,
<br />
<br /> The foregoing covenants and agreements of the Grantee shall be covenants
<br /> running with the land and shall insure to th~ benefit of the Grantor, her
<br /> heirs, exeCutor~, administrators and assigns,
<br />
<br /> The Liberty Savings & Loan Company of Cleveland, Ohio, the owner and
<br /> holder of a mortgage to secure t.he payment of the !>rincipal sum of Twenty
<br /> Thousand Dollars ($20,OOO,00), and interest, on the premises hereinbefore
<br /> described and more land, which mortgage is dated January 22, 19~46 and filed for
<br /> record April l*w 1946 at 3~17 P.M. with the County Recorder of ~uyahoga County,
<br /> Ohio, for the consideration hereinbefore recited, doss hereby consent to ,the
<br /> execution and delivery by Willmetta S. DeVenne, of the foregoing easement and
<br /> right of way and hereby covenants and agrees that the said mortgage shell be,
<br /> and the same is hereby made, subject and subordinate to the said easement and
<br /> right of way, with the same force and effect as if the said easenent and right
<br /> of way had been executed, delivered and recorded prior to the execution,
<br /> delivery and recording of said mortgage.
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<br /> And for valuable consideration I, John C. DeVenne, husband of
<br /> l~(llmetta 8. DeVenne,. said Or~ntor hereby release, remise and forever quit
<br /> claim unto said Grantee and its corporate successors, all of my right
<br /> ex?ectancy of dowe in the easement and right of way herein granted.
<br /> I~ ViI'£~SS V[I~u~,OF, l~e, l~llraet~a 8, D~Venl~a and John C. DeVenns have
<br /> hereunto set our hands, and The Liberty Savings & Loan Company has
<br /> caused its corporate seal to be hereunto affixed and this instr~mant to
<br /> be sizned by its duly authorized officers this 20th day of August, 1948.
<br /> (Signatures and attestations)
<br /> Section 2. That this ordinance shell take effect and be in force from
<br />and after its passage and approval by the ~yor, and at the earliest period allowed by
<br />law.
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<br />~,dopted~ September 7~ 19~ 8 ¥~m. R. Fair~rieve
<br /> kresident
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<br />Aoproved: SeMtember Q! 194,8 H.A. Rees
<br />- Olerk
<br />
<br />~, I. Kauffman
<br /> Mayor
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