02-67 Sell property on SE corner of Niagara & Delaware

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2~ Owner agrees to sell and Convey, upon fulfillment of all the obliga- tions 8a%d terms of this Agreement, by a good and sufficie~t deed of ~enaral warranty of title, wlth full release of dower~ to said Purchaser, its szmeessors and assigns, the following described property in fee simple: PAiICEL NO. 262~L Being a parcel of land lying on the left side of the Centerline of a .survey, made by the Department of Highways: a~.d recorded in Book_~, of the records of C~yahoga County and being located within Pa~e .... !~he following described points in the boundary thereof: Being S~lot No. 3 in the Commonwealth Realty and Building Company's Indianola Park Allotmen~ of part of Original Rockport To~nship, Sectior~ No. 18, as ~h~a by the recorded plat in Volume 57 of Maps, Pa~e 34 of Cayahoga County Racords~ s~.6 further bounded anddescribed as follows: Beginning at the Southwesgerly co~ner of said Sublot No. 3; thence Northerly along the Easterly righ~ of way llne of Niagara: Drive (60 feet wide)~ 14,79 feet to a point of curvature; thence North- easterly along the curved turnout (hmzing a radius of 15 feet) between the said EaSterly right of way line of Niagara Drive the Sougherly right of way line of Delaware Avenue (60 feet wide), 23.79 feet to a point of tangency; thence Easterly along the said Southerly right of way l~ne of Delaware Avenue, 114.78 f~et to a point; thence Southerly along the Easterly line of said Sublot No. 3, 28.07 feet to the Southeasterly corner of said Sublot No. 3; thence Westerly along the Southerly line of said Sublet No. 3, 130 feet to the place of beginning, containing 3,726 sq. ft. of land, be the same more cr less, together with all the appurtenances and heredita- meats thereunto belonging. 3. fk,~er further ~grees to release to said Purchaser~ its successors and ~s$'ig~s, any and all abutters rights~ tnc~udin~ access rights, appurtenant to a~y remain~inS lands of ~he C~ner of which the above described real property now forms a par~, in, over~ from and ~o ~he described ~ea! property. 4 Owne~ further agrees to execute supplemental instruments necessary f~ ~he ce~Str~c~ion and maintenance of said highway projee~t~ over~ across~ and upo~ the Mai4 real property. 5~ ~ner further agrees to convey said real property as herein set f~wt~, Warranting the s~ne free and clear from all liens and encumbrances whatsoever, except zoning restrictions and utility easements of record. 6. Owner further agrees to procure~ re~ord a~d deliver to the Purchaser releases and cancellations of all interest in such title, including, but ~ot limited to~ tenants, lessees or others now in possession, o~ in any manner oc~%%pying said premises~ and all assessment c!a~ns against said real proper~y. 7. ~.~ner also agrees that he will not change the existing character o[ the land~ or alter, remove, destroy or change any struct~r~.cr struct~res located on the above described property. In the event any damage, change~ mtt~ration or destruction occurs to said real property or the structure or ~truatures thereon, resulting from any cause whatsoever~ prior to the actual ~n~eyance to the Purchaser, the Owner agrees to restore it to ~he condition {t was in at the time of the execution of this A~reemant by the C~:ner~ or to a~cept the purchase price cons~deration, hereinahova stated, less the cost such restoration. In case the ~4uer refuses to restore it to the condition it was in at t'he time of the execution of this Agreement by the Owner~ or to accept the money consideration less the cost of such restoration es hereinaSove s~ated: the Purchaser may~ at its option to be exercised within thirty days after discovery or notification of such desCruettoa~ removal or injury, termimate tkis Agreement by written notice to said