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ORDINANCE NO. 4589 by Mr. Quinn
<br />
<br /> AN ORD~NUE authorizing the Mayor to accept the certain sewer ease~mn~
<br />from Lucia H. A~rn for the construction of an interceptor sewer.
<br /> ~E IT OPdl~I~ED BY THE OO~CIL OF Tim CITY OF L~OOD~ STATE OF ~IO~
<br /> Section 1. That the Mayor be and he is hereby on beb~ of the City of
<br />Lakewood, authorized and directed to accept the certain sewer easement from Lucia H.
<br />Ahem reading substantially as
<br />
<br /> ENOW,, AL~. MEN BY ~E PRESENTS that I~ Lucia ti. AHem, formerly
<br /> Lucia H. Gier, the Grantor, for the consideration of One Dollar ($1.00)
<br /> ' and other valuable consideration, r~ceived to my i~,1~ eatis£action of
<br /> the City of' Lakewood, a municipal corporation, the Grantee, and in considez
<br /> tion of the covenants and agreements of the Grantee hereinafter set forth,
<br /> do hereby give, grant, bargain, sell and convey to the said Grantee and
<br /> its corporate successors, a perpet,~,~-l cas=merit for the construction,
<br /> maintenance and operation of an Interceptor Sewer in and through the
<br /> following described pr~m{ses,
<br />
<br /> Situated in the City of Lakewood, County of
<br /> Cu2uhoga and State of Ohio and kn~w~ as being part
<br /> of Original Rockport Township Section No. 21, bounded
<br /> '~ and described as follows~
<br /> Begin~ at a po~in~ in the l~esterly line ~f Lot
<br /> NO. 5 in the proposed inton Subdivision, which point
<br /> bears North O' ~O' 00, ~,est 427/43 feet from the center
<br /> line of Lake Avenue (100 feet wide), ~ich po:'~ is
<br /> distant ~rth 73' 41' West 789.07 feet along said center
<br /> line from the monument ~rking the center line of Co~e
<br /> ~.venue; thence from said point of beginnin~ in the
<br /> ~'est line of aforesaid proposed Lot No. 5,. North O' 50'
<br /> 00" West 10.12 feet to a point; thence South 82' 6' 24"
<br /> East 71.25 feet to a point~ thence South 78' 33" ~st
<br /> 16.10 feet to a point in the East line of proposed Lot
<br /> ~.: Ne. ~, which is also $~.e Easterly li~e of land conveyed to
<br /> ~ L~cia It. Giar by deed u~ted July 18, 1~°27 and recorded in
<br /> '" ~' ' . Volume 3~:?, Page 626 of Cuy~hoga County Reeords$ thence
<br /> i~ said asr line South O' 50' 00" East 9.12 feet to a
<br /> point$ thence ~'~orth 82' 6' 24" ~¥eet 87.00 feet to the
<br /> place of beginning, be the same more ~r less, but subject
<br /> to ~ legal highways.
<br />
<br /> said sewer to be constracted and maintaineg by the process of tunneling~
<br /> access to said sewer and to the ttunuel in which said sewer is constructed
<br /> to be ~d solely by or through shafts located on premises other than
<br /> p~emises of the Orantgr,.and the top of s~id tunnel to be at a depth of
<br /> " appro.'xinately twenty k20) feet below the surface of the above described
<br /> premises~ reserving, h~ever, to me and my heirs and assigns, the
<br /> unrestricted use of the above described promises, subject only to said
<br /> easement and the subterranean portion thereof to be occupied By s~ld
<br /> t~nnel and say, er.
<br />
<br /> TO HA'~'J f~ND TO HOLD said easement unto the said ~rsntee, and
<br /> its .corporate successors, forever.
<br />
<br /> Said easement is granted upon the exp~-~ss condition that the
<br /> Orantee shall, and the Grantee by the accopt~nce of this ~rant hereby
<br /> does, cove~mnt and a~ree as follows~
<br />
<br /> 1. That said sev~er and the tunnel in v~ich said sewer
<br /> is constructed shall be constructed and m~intained in
<br /> such manner that the surface of the premises now
<br /> by the Grantor, of which the above described premises
<br /> are a part, shall not be broken, and that no building,
<br /> structure or other property located on said premises now
<br /> ~-,ed by the Grantor shall be injured, disturbed or damaged,
<br /> and that in the event of any dammge or injury to said
<br /> premises now own ed by the Grantor or to any of the
<br />
<br />
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