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GAtl1V1[ H- <br />Res. 89-64 <br />RIGHT OF WAY EASEMENT <br />..?"' TRANSCON BUILDERS INCORPORATED ("Grantor"), of Mayfield Village, <br />Cuyahoga County, Ohio a corporation organized and operating pur- <br />suant to Ohio law, and the owner of the real property described <br />hereinbelow, for valuable consideration paid, conveys and grants <br />to MAYFIELD VILLAGE, ("Grantee"), a Municipal Corporation duly <br />organized and existing under the laws o£ the State of Ohio, lo- <br />cated in Cuyahoga County, Ohio, a perpetual easement £or the <br />construction, maintenance, inspection, operation, protection, <br />repair and replacement o£ a Traffic Sign Pole within the follow- <br />ing described lands, of which Grantor warrants he is the owner in <br />Fee Simple: <br />Parcel No. 831-14-1 <br />Situated in the Village of Mayfield, County of Cuyahoga. <br />and State of Ohio and known as being part of Original <br />Mayfield Township Lot No. 45, and bounded and described <br />as £ollows: <br />Beginning at a point in the centerline of Wilson Mills <br />Road (80 feet wide), which is distant North 88°40'10" <br />West along said centerline, 80.38 feet from its inter- <br />section with the centerline of Heta Drive (60 feet wide); <br />Thence North 1019'50" Bast, a distance of 40.00 feet to <br />a point on the northerly line of said Wilson Mills Roacl, <br />and principal place of beginning of the parcel of land <br />herein described; <br />Thence continuing North 1°19'S0" East, a distance of <br />3.00 feet to a point; <br />Thence North 88°40'10" West, a distance of 3.00 feet to <br />a point; <br />Thence South 1019'50" West, a distance of 3.00 feet to <br />a point on the northerly line of said Wilson Mi11s Road;. <br />Thence South 88040'10" East along said northerly line, <br />a distance of 3.00 feet to the principal place of be- <br />ginning, containing 9 square £eet of land, be the same <br />more or less, but subject to all legal highways. <br />together with the right ofunimpaired access to said traffic <br />sign pole and the right of ingress and egress on, over and <br />through the above-described premises for any and all purposes <br />necessary and incident to the exercise by said Grantee of the <br />rights granted hereunder. . <br />The said Grantor shall have the right to use and enjoy the above- <br />described land except as the same may be necessary for the pur- <br />pose herein granted to said Grantee. Grantor agrees not to <br />build, create or construct any obstructions, engineering works, <br />or other structures over said traffic sign pole nor permit the <br />same to be done by others. If Grantee has to excavate this <br />area in order to repair or replace said tra£fic sign pole, then <br />Grantee agrees to restore the property to substantially its <br />original condition. <br />Grantee further agrees to indemnify and hold harmless the Grantor <br />from any and all claims arising from or in any way connected with <br />the construction, maintenance, malfunction, use, or any other <br />claim or demand whatever arising from or in any way connected <br />with the use of said traffic sign pole. The terms, conditions and provisions of this Easement shall ex- <br />tendto and be binding upon the heirs, executors, administrators, <br />personal representatives, successors and assigns of the parties <br />hereto and may be assigned in whole or in part.