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E A S E M E N T
<br />FOR AND IN CONSIDERATION OF THE SUM OF ONE DOLLAR paid by the
<br />City of North Olmsted, Ohio, the receipt of which is hereby
<br />acknowledged, the undersigned DAVICK BUILDERS, INC., does hereby
<br />grant unto the CITY OF NORTH OLMSTED, OHIO, a perpetual easement
<br />over and through the following described lands, of which said
<br />.Grantor warrants it is the owner in fee simple, situated in the
<br />City of North Olmsted, County of Cuyahoga and State of Ohio,
<br />identified as Permanent Parcel No. ~,3~- 7 -~/ and further
<br />described as follows:
<br />"and known as being the Nort erly 15 feet by rectangular
<br />measurement of Sublot No. , in East Park Subdivision
<br />of part of Original Olmsted Township Lot Noo 13, Tract
<br />No. 6, and shown by the recorded plat in Volume 195 of
<br />Maps, Page 67 of Cuyahoga County Records, and being 80.00
<br />feet front on the Southerly side of North Park Drive, and
<br />extending back 15 feet on the Easterly line, 15 feet on
<br />the Westerly line, and about 80.00 feet on the Southerly
<br />line, as appears by said plat, be the same more or less,
<br />but subject to all legal highways."
<br />The above easement is granted for the purpose of constructing,
<br />maintaining and operating a storm drain, together with the neces-
<br />sary manholes, for the transportation of surface water with the
<br />right of unimpaired access to said storm drain the rights of ingress
<br />and egress, on, over and through said land for all purposes neces-
<br />sary and incident to the construction, operation and maintenance
<br />and from time to time, alter, repair., or remove the same.
<br />The Grantor herein reserves the right to fully use and enjoy
<br />said premises for all purposes consistent with the full use and
<br />enjoyment by the Grantee of the easement herein granted. The
<br />construction of structures as defined in the Grantee's Buildir_q
<br />Code, except public utilities, is prohibited directly over the
<br />storm drain.
<br />The above easement is granted for the purpose of establishing
<br />a street right-of-way which is in addition to the existing dedi-
<br />cated roadway known as North Park Drive. Said right-of-way is
<br />established for the construction, maintenance, repair, and use of
<br />a road, highway, street, lane, and sidewalks for pedestrian travel,
<br />and also for utilities which may be maintained or constructed there-
<br />in which shall be but are not limited to sanitary sewers, storm
<br />sewers, and water mains.
<br />The Grantor by the acceptance of delivery of this easement
<br />agrees to the following terms, conditions, covenants, and agree-
<br />ments in respect to the exercise of its rights hereunder, to wit:
<br />a. Grantee shall give to the said Grantor at least
<br />Thirty (30) days written notice of the time or
<br />times it shall enter upon the lands herein
<br />described for the purpose of performing the work of
<br />construction, maintenance, repair and/or renewal of
<br />said road, water main, storm sewer and sanitary
<br />sewer.
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