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LPA RE 804 E <br />Rev. 10/2017 LPA <br />EASEMENT <br />Higbee West MAIN, LP, a Delaware limited partnership, the Grantor(s), in consideration of the <br />sum of $11,470.00 to be paid by the City of North Olmsted, the Grantee, does convey(s) to Grantee, its <br />successors and assigns, a non-exclusive easement on a portion of Grantor's property as more particularly <br />described in Exhibit A attached hereto, which represents a part of the following described real estate: <br />PARCEL(S): 236-09-005 (4 -SH) <br />CUY — North Olmsted Signals Phase 2 <br />SEE EXHIBIT A ATTACHED <br />Cuyahoga County Current Tax Parcel No. 236-09-005 <br />Prior Instrument Reference: Instrument No. , Cuyahoga County Recorder's <br />Office. <br />Grantor(s), for itself and its successors and assigns, covenant(s) with the Grantee, its successors <br />and assigns, that they are the true and lawful owner(s) in fee simple, and has the right and power to convey <br />the non-exclusive easement contemplated herein. <br />The non-exclusive easement conveyed herein is being granted to Grantee for a public purpose, <br />namely the establishment, construction, reconstruction, widening, repair or maintenance of a public road. <br />In the event that Grantee decides not to use the non-exclusive easement conveyed for the above - <br />stated public purpose, Grantor has a right under Section 163.211 of the Revised Code to repurchase the <br />non-exclusive easement interest in the property for its fair market value as determined by an independent <br />appraisal made by an appraiser chosen by agreement of the parties or, if the parties cannot agree, an <br />appraiser chosen by an appropriate court. However, this right to repurchase will be extinguished if any of <br />the following occur: (A) Grantor(s) decline to repurchase the non-exclusive easement interest; (B) <br />181 119 KBK Draft Easement to City of North Olmstead <br />Page i of 3 <br />