60-09 Easement at 2093 Clarence Ave / Madison Park

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LIMITED EASEMENT Ex~i~rr This Agreement is made this day of 20, by and between e ity o Lakewood, Ohio (a Municipal Corporation) ("Grantor), and Lisa J. Roth, unmarried, ("Grantee") of Lakewood, Ohio. WHEREAS the Grantor owns and has title to the following described real estate: Situated in the City of Lakewood, County of Cuyahoga, State of Ohio and known as being part of Original Rockport. Township Section No. 20, as further described and conveyed to The City of Lakewood (a Municipal Corporation) in deed dated September 10, 1917 and recorded in Volume 1999, Page 159 of Cuyahoga County Deed Records. (Part of PPN 315-20-003; known as "Madison Park") and, WHEREAS the Grantee owns and has title to the following described real estate: And known as being Sublot No. 24 in the Waterbury Realty Company's Parkside Allotment of part of Original Rockport Township Section No. 20, as shown by the recorded plat in Volume 65 of Maps, Page 20 of Cuyahoga County Records, said Sublot No. 24 has a frontage of35 feet on the Easterly side of Clarence Avenue, and extends back between parallel lines 110 feet as appears. by said plat. (PPN 315-20-33; Property address - 2093 Clarence Ave., Lakewood, OH 44107) and, WHEREAS, the said properties are adjacent to each other and Grantor wishes to convey an easement over a portion of its property for the benefit of the Grantee. NOW THEREFORE, for valuable consideration of one dollar ($1.00), receipt of which is hereby acknowledged, the Grantor grants the following described easement to the Grantee: Description of Easement. This is an easement to maintain and continue the existing encroachment of Grantee's fence onto the portion of Grantor's real property as described in Exhibit "A" attached to this Easement ("Easement Area"), together with the right to make all lawful use of the encroaching fence. This Easement shall automatically terminate when the encroachment no longer continues to exist for any reason, including, but not limited to, the removal of the encroaching fence. This Easement is granted subject to the following terms and conditions: 1. Maintenance and Indemnification. Grantee shall be solely responsible for the maintenance, repair and replacement of the fence placed in the easement area. Additionally, Grantee shall be responsible for the maintenance of the Easement Area, including the maintenance of the tree located in the Easement Area. Grantee shall indemnify, defend, and hold harmless the Grantor from and against all claims, damages, losses or expenses arising out of the exercise of the rights granted by this Easement, but excepting any claims, losses, damages or expenses to the extent caused by the negligent acts or omissions of the Grantor or its agents, employees, or contractors, or others for whom the Grantor is responsible. The encroaching fence shall be removed upon the removal of the tree that the fence is placed around at such time that the Grantor determines that the tree needs to be removed for reasons such as safety (i.e. decay or instability of tree).