|
- WMIS # 5040738.4.4 Line # 12" L# 21888 Reference # 02-0061
<br />,.
<br />R/W # Line List # 3
<br />Ohdo
<br />GAS PIPELINE EASEMENT GRAINY
<br />FOR T;~. COP~SIDERATION of $1.OOand other good and valuable consideration to the Grantor in hand
<br />paid, the receipt of which is hereby acknowledged, Uwe, Mayfield Vlllage, an Ohio Municipal Corporation whose
<br />tax mailing address is 6621 Wilson Mills Road, Mayfield Village, Ohio 44143 the landowner(s) of the SUBJECT
<br />PROPEPTY, herein called "Grantor", hereby grants, conveys and warrants unto The East Ohio Gas Company,
<br />d/b/a Dominion East Ohio, an Ohio Corporation located at 1717 East Ninth Street, Cleveland, Ohio, 44114, herein
<br />called "Grantee", its successors and assigns, the perpetual right to enter on the Subject Property described, at any
<br />time that it may see fit, and construct, maintain, operate, inspect, conduct necessary tests, repair, replace parallel to,
<br />connect to, change the size of (not to exceed 16"), abandon and remove underground pipelines, including valves,
<br />cathodic protection equipment and other appurtenances necessary thereto, for the distribution of natural gas and
<br />other gaseous products over, across, through, and under the lands described in this agreement, together with the right
<br />to excavate and refill ditches and trenches for the location of such pipelines, and the further right to remove trees,
<br />bushes, undergrowth, and other obstructions interfering with the location, construction and maintenance of the
<br />pipelines, with rights of ingress and egress to said facilities and appurtenances at all times, on the following
<br />described land, being the SUBJECT PROPERTY.
<br />SUB.TECT PROPERTY
<br />SITiJATED in Village of Mayfield, Cuyahoga County, Ohio, being a tract of land conveyed to Grantor by
<br />Warrant Deed from James Lyman Rivers under the date of July 2, 1999 and recorded in the office of the clerk of the
<br />Cuyahoga County Recorder as Document No.199907020458, Tax Map Reference 831-7 Permanent Parcel Number
<br />831-07-005 ,Located at SOM Center Road and known as being part of Original Mayfield Township Lot No: 15,
<br />Tract No. L
<br />Bounded substantially by lands now or formerly owned as follows:
<br />North by William A. Howarth
<br />
<br />East by Som Center Road
<br />
<br />South by Villa eg of Mayfield
<br />V~Jest by Village of Mayfield
<br />The pipeline laid pursuant to this agreement is to be located within the limits of an easement of a width deemed
<br />necessary by the Grantee, but in no event to exceed twenty (20) feet. Said Easement being a part of that described in
<br />Exhibit A, attached hereto and made a part hereof.
<br />The Grantor may use and enjoy the SUBJECT PPOPERTY, subject to the conditions, restrictions, and
<br />provisions of this GAS PIPELINE EASEMENT GRANT, expressed and implied, and provided always that such use
<br />and enjoyment shall not interfere or be inconsistent in any way with rights, privileges and uses herein granted to the
<br />Grantee. Grantor shall not construct or permit to be constructed any house, structure, or obstruction on or over said
<br />easement area that will interfere with the construction, maintenance or operation of the pipeline or appurtenances
<br />constructed hereunder.
<br />The Grantee shall repair, replace, or compensate the Grantor for any harm or damages that the Grantee
<br />inflicts upon the Grantor's existing properly and/or improvements [such as but not limited to drain tile, fences,
<br />driveways, walks, buildings] in the process of the Grantee exercising any of its herein declared rights upon the
<br />SUBJECT PROPERTY. The Grantee shall compensate the Grantor for any damages it inflicts upon crops,
<br />regardless of whether the crops were damaged by the Grantee in or outside of Grantee's easement area.
<br />Any controversy, claim or dispute between and among the parties to this grant concerning any matter
<br />relating to it, EXCEPTING issues involving alleged violations of Local, State, or Federal codes, regulations, and/or
<br />laws, will be settled by binding arbitration in accordance with and pursuant to the latest Commercial Arbitration
<br />Rules of the American Arbitration Association. There shall be three disinterested arbitrators, one chosen by the
<br />Grantor, one chosen by the Grantee, and one mutually appointed by the two first chosen arbitrators, to ascertain and
<br />• determine a settlement of the dispute or claim. The arbitrators' award shall be final. Whatever the conclusion, both
<br />the Grantor and Grantee will be responsible to pay one half of the total arbitration costs. With respect to any
<br />controversy, claim or dispute that is subject to arbitration under the terms herein, no suit at law or in equity based on
<br />an arbitrable dispute or controversy will be instituted by either party, except to enforce the award of the arbitrators.
<br />Should any party herein institute any suit in contravention of the terms herein, that party shall bear the costs of any
<br />reasonable attorney fees and court costs incurred by the other party.
<br />Page 1 of 2
<br />
|