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EXHIBIT <br />AT&T OHIO EXCLUSIVE EASEMENT <br />For a valuable consideration of one dollar ($1.00), receipt of which is here y ac owe , <br />undersigned City of Lakewood, Ohio (Grantor), hereby grants and conveys to The Ohio Bell <br />Telephone Company, d/b/a AT&T Ohio, an Ohio Corporation, and its affiliates and <br />licensees; successors and assigns (collectively "Grantees") an Easement in, under, over, upon <br />and across the Easement area (described below), for the purposes of and in order to construct, <br />reconstruct, modify, supplement, maintain, operate and/or remove facilities for the transmission <br />of signals used in the provision of communication, video and/or information services and/or any <br />other services or uses for which such facilities may be used including, but not limited to above- <br />ground cable and wire splicing pedestals, power pedestals, electronic equipment cabinets, cross- <br />connect terminal boxes, cement pads, protective bollards; marker posts and signs, and other <br />related or useful equipment, including below ground cables, wires, conduits, ducts, manholes, <br />handholes, and other related or useful equipment, fixtures, appurtenances above ground and <br />below ground facilities, together with the right to have commercial electrical service extended to <br />the Easement area to provide service to such facilities and the right of ingress and egress across <br />the Property and the Easement area for the purpose of access to and use of the Easement granted <br />herein. <br />The Property is legally described as: <br />Situated in the City of Lakewood, County of Cuyahoga, State of Ohio and known as <br />being part of Sublot No. 9 in the Belle Avenue Allotment and part of Original Rockport <br />Township Section No. 22, as further described and conveyed to The City of Lakewood, <br />Ohio in deed dated April 26, 1966 and recorded in Volume 11812, Page 315, of <br />Cuyahoga County Deed Records. <br />Part of PPN No. 314-04-050 -Township 7 North, Range 14 West <br />The Easement Area is legally described as: See EXHIBIT "A" attached hereto. <br />The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of <br />the Property and has full right and power to grant and convey the rights conveyed herein. <br />Grantee hereby agrees to restore all property disturbed by its activities in use of the Easement <br />area to the condition existing prior to the disturbance. <br />Grantee shall have the right to remove or trim such trees and brush in the Easement area as is <br />necessary to exercise the rights conveyed herein. <br />The Grantor shall not construct improvements in the Easement area or change the finish grade of <br />the Easement Area without the consent of the Grantee. <br />Grantee agrees to indemnify and hold the Grantor harmless from and against any claims, <br />damages or losses for damage to property or injury to or death of persons arising out of and <br />directly attributable to the use of or exercise by the Grantee of the rights conveyed herein, to the <br />extent such claims, damages or losses are not caused by the negligent acts or omissions of the <br />Grantor. <br />This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and <br />licensees of the parties hereto. <br />