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~X-i1B1'C <br />AT&T OHIO NON-EXCLUSIVE EASEMENT <br />For a valuable consideration of one dollar ($1.00), receipt of which is hereb owe ged, the <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 cables, <br />wires, conduits, ducts, manholes, handholes, including above-ground cable or wire enclosures, <br />marker posts and signs, and other related or useful equipment, fixtures and appurtenances <br />including above ground and below ground facilities, together with the right to have commercial <br />electrical service extended to the Easement area to provide service to such facilities and the right <br />of ingress and egress across the Property and Easement area for the purpose of access to and use <br />of the Easement granted herein. <br />The Property is legally described as: <br />Situated in the City of Lakewood, Ohio, County of Cuyahoga and State of Ohio and <br />known as being a part of Sublot No. 9 in the Belle Avenue Allotment and part of <br />Original Rockport Township Section No. 22, as further described and conveyed to the <br />City of Lakewood, Ohio in deed dated April 26, 1966 and recorded in Volume 11812, <br />Page 315, of 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 />