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Easterly line of land conve~ed %o Lucia H. Gier North O' ~0, ~. West 9.~ feet;
<br /> the~e ~uth 82 ~' 24" ~st 3.~ feet ~o a point
<br /> ~sterly ~ of l~d con~ to ~ E. ~e~r~y
<br /> ~e~ Au~st 2, 1~7 amd ~c~ded ~ Vol~e 3727, ~a~e 225
<br /> O~hoga Co~ty ~cor~j %~e Seth O' 50~" ~t ~o~
<br /> said ~sterly 1~ 9.~ feet to a ~tJ thence No~h 82
<br /> 24" ~"es% 3.21 feet %o the ~ce of ~ be ~ s~e mo~
<br /> or less, ~u% subJ~t %o -%~ le~
<br />
<br />said sewer to be constructed and maintained by the process of tunneling, access to
<br />said se~er and to the tunnel in which said sewer is constructed to be had solely
<br />by or through shafts located on premises other than prem~-es of the Grantor, and the
<br />top of said tunnel to Be at a depth of approximately twenty (20) feet belaw the
<br />surface of the above described premisesJ reserving, hu~,~er, %0 the Grantor, its
<br />suscessors and assigns, the Unrestricted use of ~be above described premises,, subJeet
<br />o~ to said easement and right of way and the subterranean portion thereof to be
<br />occupied by said' tunnel and sewer.
<br />
<br /> TO HAVE AND TO HOLD said easemeht and right of way unto said Grantee,
<br />and its corporate successors, forevert
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<br /> Said sas,merit and rish~ of way is granted upon the exprsss cemdition
<br />that the Grantee shall, and the Grantee by the acceptance of this grant hereby
<br />does, covenant and agree as follows~
<br />
<br /> 1. That- said se,er and the tunnel inwhich said sewer
<br /> is eonstructed shall Be constructed and maintained in such
<br /> manner that the surface of the premises new ~ned by the
<br /> Grantor, of which the above described premises are a part,
<br /> shall n~ be Broken, and that no b..~llding, structure or other~
<br /> property located on said premises n~ o~ned by the Grantor
<br /> shall be injured, disturbed or damaged, and that in the
<br /> event of any d~m~ge or injury to ~id premises now o~ned by the
<br /> Grantor er %0 any of the buildings, structures or other property
<br /> located thereon, resulting from the construction, repair or
<br /> reeonstructien of said sewer or of said tunnel, thc Grantee will
<br /> promptly restore said premises and said buildings, structures
<br /> and other property as nearly as may be %o the same condition as
<br /> existed before such construction, repair or reconstruction$ and
<br />
<br />2. That the Grantee w~]] inde.~uify and save harmless the Grantor
<br />from any and all liability arising or resulting from the construction,
<br />mainte~noe, repair or reconstruction of said ~e~er or of said tunnel~
<br />and wf~] also indemnify and save harmless the Grantor from~ and wt1~
<br />fully compensate the Grantor for, any and all damages whatsoever %o
<br />said premises now owned by the ~rsntors and/or to the buildings~
<br />structures or other property located thereon, cause~ by or resulting
<br />from the construction, maintenance, repair or reconstruction of said
<br />sewer or said tun~el in or through the above described premises.
<br />
<br /> The foregoing covenants and agreements of the Grantee shall be cover~ants
<br />z~mnning with the land and shall inure to the benefit of the Grantor, its successors
<br />and assi~ns.
<br />
<br />The Cleveland Trust O~mpany of Cleveland, Ohio, the o~ner and holder
<br />~f a mortgage to secure the payment of the principal sum of Fifty Thousand Dollars
<br /> $50s000.00), and interest, on the premises .hereinbefore described and more land,
<br />which mortgage is dated June 17, 194~ end filed for record June 30, 1945 at 2:10
<br />P.M.v.~ith the O~nty Becorder of Ouyaho~,e County, Ohio, for the consideration
<br />hereinbefore recited, does hereby consent to the execution and delivery by
<br />Cleveland ;~ntals, Inc., of the foregoing easement and right of way a~ hereby
<br />covenants and agrees that the said mortsa~e shall be, and the same is hereby m~de,
<br />subject and subordinate to the said easement and right of ~y, with the same force
<br />and effect as if the said easement and right of way had been executed~ delivered and
<br />recorded prior to the execution, delivery and recording of said morta~e,
<br />
<br /> IN ?.~TI~SS WHEREOF, Cleveland Rentals, Inc., and The Cleveland Trust
<br />Company have caused their corporat~ seals to be hereunto affixed~ and this instrument
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