94-145 Ordinance - Laserfiche WebLink

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ExHisir °e° ~~ ~ ~~~~ PERMANENT MAINTENANCE EASEMENT FOR TRAFFIC CONTROL EQUIPMENT ON LAND OWNED BY B. & G. PROPERTIES LIMITED PARTNERSHIP This Easement Agreement, is entered into this day of 1994, by an between B. &. G. PROPERTIES LIl4II1'ERp PARTNERSHIP, an Ohio limited partnership, as successor in interests to Jack H. Brown and Marvin R. Glazer, hereinafter called "Grantor", whose address is P.O. Box 18516, Cleveland Heights, Ohio 44118, and the CITY OF NORTH OLMSTED, a municipal corporation, hereinafter called "Grantee", whose principal place of business is 5200 Dover Center Road, North Olmsted, Ohio 44070. WITNESSETH: That Grantor, for and in consideration of the mutual premises and covenants herein, and other good consideration, does hereby give, grant, convey and release to the said Grantee, its successors and assigns or its duly authorized agents or contractors, permission to enter upon its land defined by the county auditor as Permanent Parcel 23605103 and to use that part shown in Exhibit "A"attached hereto labeled "Easement Area" for the following purpose: PERMANENT MAINTENANCE EASEMENT 1. The perpetual right to enter upon and use the Easement Area for the place- ment and maintenance of traffic control equipment unless terminated by the consent of the parties hereto or their respective successors in interest or assigns or in conformity with applicable law. 2. Such use of the Easement Area shall be limited to the maintenance of the traffic control equipment for the traffic signal located on Great Northern Boulevard adjoining the Grantor's property boundary. Grantee shall restore the Easement Area to its condition just prior to such maintenance. Grantor reserves unto itself all uses of the Easement Area to the extent that they are not inconsistent with the rights conferred herein. Nothing contained herein shall ever be deemed to create any rights for the benefit of the general public, or to constitute any of the affected areas a dedicated public thoroughfare for either vehicles and/or pedestrians or other lawful use. The parties shall do all things needful to perpetuate the status of the easement created by this Easement Agreement as a private easement, including cooperating with each other in the periodic publication of legal notices or physically barring access to the affected area as may be required by law for the purposes expressed in this paragraph. The Easements and the covenants herein contained, shall be easements, restrictions and covenants running with the land and shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. Any notice required or permitted to be given by the terms of this easement agreement shall be given in writing delivered and by personal service or overnight courier or by mailing such notice by postage prepaid U.S. certified mail, return receipt requested, to Grantor and Grantee addressed as follows: If to Grantor: B. & G. Properties Limited Partnership P.O. Box 18516