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56-95 Ohio Bell Easement 13028 Madison
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56-95 Ohio Bell Easement 13028 Madison
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Last modified
5/14/2013 3:12:23 PM
Creation date
10/17/2007 10:01:42 AM
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Office Of Council
Document Type
Ordinances
Date
10/17/2007
Date Adopted
9/15/1995
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<br />----- <br /> <br />.! <br /> <br />Form 3780 (1-88) Easement <br /> <br />~../ ~-'~.J\;',/i {. r ! <br /> <br />THE OHIO BELL TELEPHONE COMPANY <br />Easement <br /> <br />In consideration of One - Dollars ($ _ 1 .00 _ ) and other good and <br />valuab!e considerations, receipt whereof is hereby acknowledged, the Ci tv of Lakewood <br />hereby grants unto THE OHIO BELL TELEPHONE COMPANY, its successors and <br />assigns, (hereinafter caliedthe Company) a perpetual right of way and easement to In- <br />stali, construct, reconstruct, operate; maintain, repair, sUppiement and remove, at any <br />time or times hereafter, its underground communication systems, together with ali such <br />communication facilities, including conduits manholes, cables, wires, fixtures -and apm <br />pU'1enances, as it may from time to time require or d/?,sm proper therefor, in, under, Over <br />and upon a strip of iand as shown on exhibit(s) across the property and/or along the <br />highway adjoining the property which the Clty of Lakewood <br />ownsor in which _ the City has an interest situated in the <br />City of Lakewood _ County of Cuvahosza _ _ _ , <br />State of Ohio, Known as being Dart of Oril2'inal RockDort Township Section <br /> <br />No. 20 as further described and conveyed to The City of Lakewood <br /> <br />in deed dated September 10, 1917 <br /> <br />and being the same premises of record in Deed Book 1999 <br />of GlvahOOa County Records, <br /> <br />Said underground communication system shaii be constructed within the boun- <br />daries of a strip of iandas shown and deilneated upon the attached drawing <br />marked, "Exhibit . A "and made a part hereof, <br /> <br />Page 159 <br /> <br />With each and every right given to the company by this easement, the com- <br />pany shail also have the perpetual right and easement to piace above the strip <br />of iand shown in Exhibit 'A' the foilowing: <br /> <br />·a:rr"'aoove Ilroundteleohone eauiument cabinet';t installedbn a <br />con~rete pad, together with all other necessary fixtures <br /> <br />~d appliances appurtenant thereto. <br /> <br />Said grant includes the right, at ali times, of ingress to and egress from said strip, the right <br />to use the premises parailei to and adjoining the boundaries of said strip forthe opera- <br />tion of apparatus,.appliances and equipment for any of the purposes herein specifled, <br />the right to clear said strip upon land of the, undersigned, and the right to carry in sald <br />underground communication systems the communication faciiities the company deems <br />proper. The company shail promptly compensate the undersigned for all damage éausad <br />by arty of the operations which the company is,herein granted the right to perform. The <br />company at its expense, Shail restore all disturbed areas to as reasonabie a condition <br />as possibie to the condition prior to any construction. <br /> <br />The company shail indemnify and save harmless the owners of said property from all <br />damages to said property and from all claimsand causes of actions for-personal injury <br />and damages asserted against grantor by reason of any.negligence in the constructIon <br />of, and maintenance of said equipment upon said premises. <br /> <br />The undersigned may use the surface of said strip pnJvided such use does not interfere <br />with the Company's use of said easement. <br />The undersigned reserves the right to terminate the h~rein eaSement <br />agreement if the easement is used for any purpose other than has been <br />provided herein or if Company fails to substantially comply with the <br />terms of this agreement. <br />
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