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T r <br />nRAINAGs DaTcs EASEMENT <br />WHITEHAV EN PARK ASSOCIATION ("Grantor"), of Mayfield <br />Village, Cuyahoga County, a cemetery association organized and <br />operating pursuant to Ohio law, and the owner of the real property <br />described on Exhibit "A" attached hereto, for valuable consideration, <br />conveys and grants to the VILLAGE OF h9AYFIELD, an Ohio Municipal <br />Corporation, ("Grantee"), locatec3 in the County of Cuyahoga and State <br />of Ohio, a perpetual easement in and over the "Perpetual 50' Channel <br />Easement" (as more fully described in the attached Exhibit "B°") for <br />the purpose of maintaining and repairing a drainage ditch for the free <br />flow of water over said easement. <br />In consideration of Grantor's grant and conveyance of this <br />easement, Grantee agrees at Grantee's expense to repair and maintain <br />the easement area so as to permit the continued free flow of water <br />through the easement area without flooding or blockage. <br />Grantee shall have the right of ingress to and egress from <br />the easement area over the lands described in Exhibit "A" for the sole <br />purpose of maintaining the easement area. This easement of ingress <br />and egress shall be exercised only after Grantee has given Grantor at <br />least three days written notice of intent to do so, except in the case <br />of emergencieso In exercising its rights under this easement of <br />ingress and egress, Grantee shall exercise extreme care so as not to <br />damage Grantor's property. Grantee shall promptly repair any damage <br />to Grantor's property arising out of the exer'cise of Grantee's <br />easement of ingress anc3 egress by restoring the property to <br />substantially the same condition as it was prior to any repair or <br />maintenance work performec7 by Grantee. <br />Except for delays caused by inclement weather, if Grantee <br />fails to perform any of its obligations hereunder within ninety (90) <br />days after written notice of said failure is given by Grantor to <br />Grantee, Grantor may perform such obligations at the expense of <br />Grantee. Grantee agrees to pay Grantor forthwith for the amounts so <br />expended. <br />Grantor reserves the right, at Grantor's expense, to <br />relocate the easement, provided the relocated easement can reasonably <br />be used for its intended purposes by Grantee. Grantor may exercise <br />this right by giving Grantee sixty (60) days prior written notice of <br />its intention to relocate the easement.