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<br /> <br />EXIIII)IT 6(B" <br />PERMANENT MAINTENANCE EASEMENT FOR TRAFFIC CONTROL <br />EQUIPMENT <br />This easement, granted this 28L* day of u t: 1996, by Joseph R. and Marilyn <br />C. Malicki hereafter called "Grantor", 26971 Butternut Ridge Road, North Olmsted, Ohio <br />44070 to the CIT'Y OF NORTH OLMSTED, hereinafter called "Grantee", 5200 Dover Center <br />Road, North Olmsted, Ohio 44070 <br />WITNESSETH: <br />That Grantor, for and in consideration of the mutual premises and covenants herein, and other <br />good consideration, does hereby give, grant, convey, and release to the said Grantee, or its duly <br />authorized agents or contractors, without warranty or representatives of any kind, permission to <br />enter upon its land defined by County Auditor as Permanent Pazcel 235-19-01 (the "Premises") <br />and use that part labeled "Easement Area" and measured approximately 10 ft. x 5 ft. as shown in <br />Exhibit "A" attached hereto for the <br />following: <br />PERMANENT MAINTENANCE 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 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 />3. The current controller foundation will be removed and placed on Butternut Ridge <br />Road east of the existing controller location. <br />Grantor reserves unto iself all use of the Premises and Easement Area to the extent that such use <br />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 in indefensible <br />estate in FEE SIMPLE and has good right to bargain and grant the same in manner and form as <br />above written. <br />The Grantee shall indemnify and save harmless the Grantor and all subsequent owners <br />and tenants of said Premises from all damages to said Premises and improvements thereon and <br />from all claims and causes of actions for personal injury and damages asserted against Grantor <br />by reason of any negligence in or intentional misconduct on Grantee's part in connection with <br />Grantee's construction, presence, use, activity or exercise of its rights upon the Easement Area, <br />and Premises of Grantor.