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x <br />EASEMENT FOR <br />INSTALLATION AND MAINTENANCE <br />OF <br />TR,AFFIC SIGNAL DEVICE <br />This indenture made and entered into this SI, day of September, 1995, by <br />p. W hwle,Vi , hereinafter referred to as Grantor, in favor of The <br />-Hcights, a municipal corporation, hereinafter referred to as the City. °'? le o <br />WITNESSETH: <br />That in and for consideration of One Dollar ($1.00) and oYher good and valuable <br />considerations to it in hand paid by the Grantee; the receipt whereof is hereby acknowledged, <br />Grantor does hereby give and grant in perpetuity to Grantee the right, privilege•and authority to <br />construct, reconstruct, repair, maintain and operate a traffic signal device, together with <br />appurtenances thereto, in, under, upon, over and through the properry of Grantor outlined in red <br />on Exhibit A attached hereto and made a part hereof. <br />The City agrees to exercise all due and proper caze of Grantor's properiy during the <br />installation of said traffic signal device and furtlier agrees to take all reasona.ble steps necessary <br />to return said real estate to the condition in which it was prior to the time any work is begun. <br />Grantor agrees that, at all times, the City shall have the right of access to said easement <br />property for the purposes of operating and maintaining said trafFic signal device and to this end <br />Grantor will keep said easement free and cleaz of any and all encumbrances so as to afford access <br />to said traffic signal device at all times. <br />This agreement and all of the terms, conditions, rights and obligations herein contained <br />shall inure to, and be binding upon the parties hereto, their successors; lessees and assigns; and it <br />is distinctly agreed that neither party shall assign its rights under this agreement without the <br />written consent of both parties first had and obtained. .?,?????- I , A <br />