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.~ e ~•„ EXHIBIT „B~, ~~-~ ~~ PERMANENT MAINTENANCE EASEMENT FOR TRAFFIC CONTROL EQUIPMENT ON LAND OWNED BY COLUMBIA LAND DEVELOPMENT COMPANY This Easement Agreement is entered into this day of 1994, by and between COLUMBIA LAND DEVELOPMENT COMPANY, an Ohio Corportion, hereinafter called "Grantor" , whose principal place of business is P.O. Box 38099, Olmsted Falls, Ohio 44130, and the CITY OF NORTH OLMS'TID, a municipal corporation, hereinafter called "Grantee", whose principal place of business is 5200 Dover Center Road, North Olmsted, Ohio 44070. WITNESSETIi: 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 236 -- 5- 97-/00 and to use that part as shown in Exhibit "A"attached hereto labeled "Easement Area" and measured approximately 80 feet wide for the following purpose: PERMANENT '.bAINTENANCE 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 Easement 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 bythe terms of this Easement Agreement shall be given in writing delivered and by personal service or overnight courier or by mailing such notice