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<br />responsible for restoration of the property or its environs to its oriyinel
<br />topoQraphical conditions. All meters.shall be furnished by the City of
<br />Cleveland, its successors or assipns and all water shell be supplied by the
<br />City of Cleveland, its successors or assigns in the same manner and to the
<br />same extent that water is supplied to the owners and occupants of premises •
<br />abutting on public streets and hiqhways in the City of Cleveland.
<br />The Grantors hereby restrict said premises within the limits of the above
<br />described easement against the construction thereon of any buildings of a
<br />temporary or permanent type. excepting any sidewalks end/or pavements or the
<br />construction in, over, or subjecent to the above described easement of any '
<br />tunnels, railroad switch tradcs, sewers, ducts, pipes, or pole lines within
<br />the limits of the above described easement which cross over or under said
<br />easement at any angle of not less than forty-five (45) degrees with the
<br />centerlines of the water main or with clearance of not less than one (1) foot
<br />above or one and one-helf (1-1/2) feet below said water main. In the event of
<br />a violation of any of the provisions of this easement by the Giantor, or his .
<br />successors or assigns, the Grantee shall retain the right to enter upon the
<br />premises of the Grantor and either discontinue the water service, or make the necessary alterations to conform to the ordinances, rules and re9uletions of
<br />the Grantee. Any expenses involved by reeswn of the work involved shall be
<br />the responsibility of the Grantor. Further, the Grentee shall not be •
<br />responsible for restoretion of the property or its environs to its originel
<br />topographical condition, end should also tfe held blameless for any damage •
<br />accruing by reason of water leakage from water mains or appurtenances. •.
<br />Further, to restrict the storing or placinq of any materials. parking of any
<br />vehicles of any type, equipment or other obstructions thereon, or otherwise interferring with the access to or the maintenance of the water main or
<br />appurtenances, and also against the planting or sufferance thereon or in such proximity thereto of trees and shrubbery which may restrict the accessibility
<br />for the maintenance of said water main and appurtenences. • The Grantors further agree that no additional fill will be made, or a
<br />ramp constructed within the limits of the above described easement for the
<br />purpose of providing access to the property which will increase the depth of
<br />the water main in excess of six 16) feet or to grade the surface within the
<br />limits of said easement which will reduce the depth of the water main to less
<br />than five (S) feet. It is aqreed, however, that if in the event the Grantor
<br />herein, his successors, or assipns desire to build over, encroach upon. chanye ,
<br />the 9rade, or otherwise utilize all or any portion of the easement yrented .
<br />hereby to permit improvement ot property now restricted hereunder, the Grantee
<br />must first approve use of lend within the limits of easement grented hereby, •
<br />the Grantor shall reconstruct or relocate ell or eny portion of water main ?
<br />affected by,such use ot lend and where necessary, prant e new easement of not
<br />less than fifty (50) feet in width under the same terms and conditions es •
<br />herein provided and bear the entire cost of reconstruction or relocation of
<br />the water main or appurtenences, in accordance with the provisions, rules.
<br />regulations and requirements of the Grentee, their successors or assiQns.
<br />Said reconstructed or reloceted weter mein and appurtenance shall, upon
<br />completion and approval of the Grantee, become the property of the Villaye of
<br />Mayfield.
<br />The Grantors further apree that the Grantee shall be relieved of all
<br />liability to the Grantor on account ot the meintenance, construction,
<br />reconstruction. or relocation of seid weter main or appurtenances, and said
<br />Grantor hereby indemnifies and 9uarantees to save harmless the Grantee ageinst
<br />any expense or darne9e to said weter main or eppurtenences, that said Grantors.
<br />their successors or assigns mey at any tima cause by the construction or
<br />maintenance of any peving, walks, switch tracks, tunnels, sewars, ducts, pipe
<br />or pole lines within ar over seid easement, ot such other use of premises
<br />within the limits ot ebave described eesenent as are not expressly prohibited
<br />herein, under the seme conditions that legally exist for the installations and
<br />maintenance of weter mains and eppurtenances in streets dedicated to public
<br />use. -
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