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TEMPORARY EASEMENT
<br />RIGTiT OF ENTRY FOR CONSTRUCTION
<br />MUNICIPAL PUBLIC IMPROVEMENT PR4JECT
<br />I, William V. Sunda.y, herein Grantor herein, for valuable consideration received and to
<br />be received to my full satisfaction, do hereby graxzt and convey to the City of North Olmsted, a
<br />political subdivision of the State of Olua, herein Grantee, a temporary easement and limited
<br />right-of-eniry for the purposes hereinafter mentioned in the following described premises (the
<br />"Premises"):
<br />Situated in tha City of North O}msted, County o£ Cuyahoga, Sfate of Ohio, known as being
<br />24112 Beech Lane, North Olmsted, OH 44070, Permanent Parcel No. 231-42-068, and bounded
<br />and described as follows:
<br />"A copy of the legal descriptions are attached hereto as Exhibit "A"
<br />Exhibit "A " consists of two (2) Legal Description entitled Temporary Easement #2 and #3
<br />And which are made a part hereof as if fully written herein.
<br />Grantor and Crrantee agree that all references to either pariy in this instrument shall include
<br />that party and the party's heirs, administrators, successors and/az assigns.
<br />In consideration of the mutual covenants contained herein, the Grantor hereby grants and
<br />- conveys to the Grantee, the Iimited right-of-entry an.d permission to enter upon the described
<br />premises for the purposes of preparing, staging, and otherwise perform'rng tke construction and
<br />installation of municipal public improvements on or within public streets, rights of way, or
<br />within other public pxoperty, as may be described by separate perzxianent easements conveyed to
<br />Grantee. This temporary right of entry pernuts constructian activities, including the occupation
<br />of workers, as well as placement of materials, supplies and other construction equipment, may be
<br />necessaxy for the improvement project. Grantor pernuts the Grantee, its agents and employs, as
<br />well as service contractors thereof, to enter upon and use the described premises, including but
<br />not limited to the trenching, digging and disruption of ground surface, lawn and landscape
<br />materials, as reasonable and necessary to consiruct public improvements. Specrfically, without
<br />limitation, Grantee shall conduct tree removal that will impact several trees, including seven (7)
<br />substantial trees as identified and appraised.
<br />Grantee shall give Grantor reasonable notice, under the circumstances, of the
<br />commencement of construction activities and exercise of this temporary easement and right of
<br />entry far construction. The improvement project is scheduled to commence during the winter
<br />season of 2012 and the construction activiiy within the preznises is estimated to proceed for
<br />approxiunately 60 days. Grantee may experience construction delays that extend the praject
<br />beyond the schedule outlined and the Grantor's permission is and shall be extended, as is
<br />reasonable and necessary undex the circumstance. In the absence of an emergency, all
<br />construction, inspection, repair, operation, maintenance, ox surveying shall be performed only
<br />during hours from 8 a.m. until6 p.zn. on weekdays. Grantor sha11 have and maintain, throughout
<br />the construction of improvements, full and complete access to the described premises, subject to
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