9050-19 - Authorize easement at Erie Cliff Dr.

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Exhibit A Agreement for a Permanent Easement THIS AGREEMENT made and concluded at Lakewood, Ohio, this day of ,2018 by and between the CITY OF LAKEWOOD, Ohio, 12650 Detroit Avenue, Lakewood, Ohio and/or its agents (hereinafter referred to as "City") and JAMES A. BROWN and TERESE R. BROWN, 1055 Erie Cliff Drive, Lakewood, Ohio, together with their heirs, administrators, executors, successol"S and assigns (hereinafte• referred -to as the "Owner"), WHEREAS, 0�,vneris the owner of real pro .,, Permanent Parcel. No.. 31.1-13-096.. pefty I located at 1055 ERIE, CLIFF DRIVE, Lakewood, Ohio (hereinafter referred to as "Property"), and WHEREAS the City desires to obtain a permanent access easement for p urposes of ingress and egress, installing, constructing , operating, repairing, aI" tai* ning, replacing, extending and reconstructing any and all sewer lines and appurtenances. WITNESSLi TH: For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows-. 1. Owner shall. grant an access easement on the Property (ftirthcr- described tin the legal description attached as Exhibit A) to City which the City shall cause to be recorded for record with the Cuyahoga County Recorder which shall be a permanent easement and will run with the land. The described property shall be the ``Easement Area."' 2. City shall compensate Owner $ 1.00 for the ease. -nent. 3. The Owner shall not be permitted to construct structures, buildings, retaining walls or embankments on any part of the Easement Area. 4. This agreement embodies the entire agreement between the City and Owner with respect to the subject matter hereof and supersedes all .prior -agreements and understandings, whether written or oral. Neither the City nor Owner has made nor relied upon any pl�oil-iises, representations or warranties in connection with this agreement that are not expressly set .forth in