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2022 22 RESOLUTION
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2022 22 RESOLUTION
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3/8/2023 8:30:28 AM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
2022 22
Date
4/18/2022
Year
2022
Title
ACCESS AND RETAINING WALL EASEMENT WITH PROGRESSIVE
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(b) As used herein, the Grantee shall refer to the Grantee as the owner and its successors <br />and assigns, including specifically, any transferee of Grantee who shall automatically, <br />by acceptance of the title of Grantee's Property or portion thereof, be deemed (i) to be <br />a successor to Grantee, (ii) to have assumed all obligations hereof relating thereto and <br />thereafter accruing, and (iii) to have agreed to execute any and all instruments and to <br />do any and all things reasonably required to carry out the intention of the provisions <br />hereof, but (x) nothing herein contained shall be deemed to relieve the Grantee from <br />its obligations under this Easement that shall have accrued prior to such transfer. Each <br />transferee of Grantee's Property shall be deemed to have assumed the obligations <br />accruing after such transfer imposed on such transferor and such transferor shall upon <br />the completion of such transfer be relieved of all future liability that accrues following <br />the date of transfer. <br />(c) As used herein, the term Grantor shall refer to the Grantor and its successors and <br />assigns, including specifically, any transferee of any part of the Grantor's Property who <br />shall automatically, by acceptance of the title of Grantor's Property or portion thereof, <br />be deemed (i) to be a successor to the Grantor, (ii) to have assumed all obligations <br />hereof relating thereto and thereafter accruing, and (iii) to have agreed to execute any <br />and all instruments and to do any and all things reasonably required to carry out the <br />intention of the provisions hereof, but nothing herein contained shall be deemed to <br />relieve the transferor of the Grantor's Property from its obligations under this Easement <br />that shall have accrued prior to such transfer. Each transferee of the Grantor's Property <br />or any part thereof shall be deemed to have assumed the obligations accruing after such <br />transfer imposed on such transferor and such transferor shall upon the completion of <br />such transfer be relieved of all future liability that accrues following the date of transfer <br />with respect to the portion of the Grantor's Property so conveyed. <br />(d) This Easement shall be governed by and construed in accordance with the laws of the <br />State of Ohio. <br />(e) All exhibits to this Easement are incorporated into this Easement as if fully rewritten <br />herein. <br />(f) The easements, covenants and restrictions establish and created by this Easement shall <br />not merge or be otherwise impaired or affected by reason of the common ownership of <br />all or any portion of the parcels benefitted or burdened by this Easement. <br />(g) The Paragraph headings herein are for convenience and reference only and in no way <br />define or limit the scope of the Easement or in any way affect its provisions. <br />(h) If any provisions of this Easement, or the application thereof to any person or <br />circumstance shall, to any extent, be invalid or unenforceable, the remainder of this <br />4 <br />
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