TEMPORARY CONSTRUCTION EASEMENT - Delaware County, …



DEED OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT

KNOW ALL MEN BY THESE PRESENTS, _____________________________, Grantor, for good and valuable considerations to them by the BOARD OF COUNTY COMMISSIONERS OF DELAWARE COUNTY, OHIO, Grantee, whose address is 101 North Sandusky Street, Delaware, Ohio, the receipt whereof is hereby acknowledged, does grant to Grantee and Grantee’s successors and assigns a temporary construction and access easement in, on, over, under, across, and through the real property described on the attached Exhibit A (“EASEMENT AREA”) to excavate, construct, and install public and or private sanitary sewers, sanitary sewer service connections, sanitary force mains, sanitary manholes, sanitary valves, and other sanitary appurtenances.

Grantee shall, as soon as is practical after construction, installation, repair, replacement or maintenance in the easement area, promptly restore the property to its prior existing condition, which shall include returning the subject area to its former grade and restoring the surface to its former condition, and shall use its best efforts to protect trees and minimize any damage to the Grantor’s property and/or surrounding areas. Grantee shall, at its sole expense, restore any driveways or pedestrian pathways to a condition substantially equal to the condition existing prior to Grantee’s entry onto or use of the easement area or property adjacent thereto.

This Easement shall expire at such time as the Improvements are accepted for maintenance and public use by Grantee.

(Signature Page to Follow)

And the said Grantor(s) for (himself/herself/themselves) and (his/her/their) successors and assigns, hereby covenant(s) with said Grantee, its successors and assigns, that (he/she/they) (is/are) true and lawful owner(s) of said premises as recorded in ____________________________ (Deed Book______, Page ______ or Plat ___________) and (is/are) lawfully seized of the same in fee simple, and (has/have) good right and full power to grant, bargain, sell, convey and release the same in the manner aforesaid, and that the same are free and clear from all liens and encumbrances whatsoever, except for mortgages, other easements, and other matters of record and that (he/she/they) will warrant and defend the same against all claims of all persons whomsoever. Such easements are granted in perpetuity.

The Grantor(s) (has/have) executed this instrument on this _________ day of __________________, 20___.

By: (owner[s])

STATE OF OHIO

COUNTY OF DELAWARE ss:

Before me, a Notary Public, in and for said County and State, personally appeared the above named _____________________________ who acknowledged that (he/she/they) did sign the foregoing instrument and that the same is (his/her/their) free act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _______________ day of _______________, 20____.

____________________________

Notary Public

This instrument prepared by:

_____________________________ (Name)

_____________________________ (Company)

_____________________________ (Address)

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