2023-46 Utility Easement Agreement 13425 Detroit Ave

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DocuSign Envelope ID: FDAB5A58-31 D4-4829-AC58-3B76OCEADD6F Agreement for a Permanent Utility Easement THIS AGREEMENT made and concluded at Lakewood, Ohio, this day of , 2023 by and between the CITY OF LAKEWOOD, Ohio, 12650 Detroit Avenue, Lakewood, Ohio and/or its agents (hereinafter referred to as "City") and O'Leary Investments, LLC, 13425 Detroit Aveune, Lakewood, Ohio together with their heirs, administrators, executors, successors and assigns (hereinafter referred to as the "Owner"). WHEREAS, Owner is the owner of real property, Permanent Parcel No. 315-04-006, located at 13425 Detroit Avenue, Lakewood, Ohio (hereinafter referred to as "Property"); and WHEREAS the City desires to obtain a permanent utility easement. WITNESSETH: For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Owner shall grant a perpetual and permanent non-exclusive easement to The City of Lakewood over, under, and through the premises described in Exhibit "A" ("Utility Easement") attached hereto and incorporated herein fully as if by reference for the purposes of ingress and egress, installing, constructing, operating, repairing, maintaining, replacing, extending and reconstructing any and all utilities and appurtenances which the City shall cause to be recorded for record with the Cuyahoga County Recorder which will run with the land. This easement shall not be intended for public use. The City of Lakewood, its successors and assigns, may grant to others the right to use the Utility Easement for purposes not inconsistent with the primary purposes of the easement. The terms and provisions hereof shall constitute covenants running with the land, shall 1 of 3