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..?.,,..... _ . . .....r... , <br />? , • , ,"""* ?s, <br />EXHIBIT "B" <br />PERMANENT MAINTENANCE EASEMENT FOR TRAFFIC CONTROL <br />EQUIPMENT <br />This easement, granted this l4,fL( day of 1996, by Garland L.and <br />Martha L. Hogue hereafter called "Grantor", 26995 Buttemut Ridge Road, North <br />Olmsted, Ohio 44070 to the CITY OF NORTH OLMSTED, hereinafter called "Grantee", <br />5200 Dover Center Road, North Olmsted, Ohio 44070. <br />WITNESSETH: <br />That Grantor, for and in consideration of the mutual premises and covenants herein, and <br />other good consideration, does hereby give, grant, convey, and release to the said <br />Grantee, or its duly authorized agents or contractors, without warranty or representatives <br />of any kind, permission to enter upon its land defined by County Auditor as Permanent <br />Parce1235-16-01 (the "Premises") and use that part labeled "Easement Area" and <br />measured approximately 5 ft. x 5 ft. as shown in Exhibit "A" attached hereto for the <br />following: <br />PERMANENT VIAINTENANCE Easement Area <br />1. Perpetual right to enter upon and use said part of its Premises constituting the <br />Easement Area for the maintenance of traffic control equipment. <br />2. Such use of the Easement Area defined in Exhibit "A" shall be limited to the <br />maintenance of the traffic control equipment for the traffic signal located at <br />Butternut Ridge Road and Fitch Road adjoining the Grantor's property boundary, <br />Grantee shall in all instances restore area to original condition. <br />Grantor reserves unto itself all use of the Premises and Easement Area to the extent that <br />such use is not inconsistent with the rights conferred herein. <br />Grantor does hereby covenant with the said Grantee that at and until the sealing of these <br />presents, Grantor is well seized of the above described Premises and has a good and <br />indefensible estate in FEE SIMPLE and has good right to bargain and grant the same in <br />manner and form as above written. <br />The Grantee shall indemnify and save hannless the Grantor and all subsequent owners <br />and tenants of said Premises from all damages to said Premises and improvements <br />thereon and from all claims and causes of actions for personal injury and damages <br />asserted against Grantor by reason of any negligence in or intentional misconduct on <br />Grantee's part in connection with Grantee's construction, presence, use, activity or <br />exercise of its rights upon the Easement Area, and Premises of Grantor.