<br />In consideration of the mutual covenants herein
<br />contained, the Grantor hereby gives, grants and conveys
<br />unto said Grantees, the right and easement to enter upon.
<br />said premises and to lay, install, repair, and maintain
<br />therein a water main and appurtenances, including the
<br />installing and maintaining of service connections and
<br />pipes, setting and maintaining all water meters and
<br />making of all repairs to mains, service meters,. and all
<br />appurtenances connected therewith that in the opinion •
<br />of the Grantees, their successors or assigns, may be
<br />necessary at any time, also to turn off the water of any
<br />service or main, or to do any other thing that may be•
<br />necessary or advisable in the judgement of said Grantees,
<br />their successors or assigns, in order to maintain or
<br />operate said main, meters, connections, pipes and
<br />appurtenances in accordance with the ordinances rules
<br />and regulations for the management and protection of'said
<br />Grantees now in force or that may hereafter be adopted.
<br />Further, whenever maintenance or work of any kind is
<br />required hereunder, the Grantees, either jointly or
<br />separately, shall not be. responsible for restoration of
<br />the property or its environs to its original topographical
<br />condition, and should also be held blameless for any
<br />damage accruing by reason of water leakage from water
<br />mains or 'appurtenances.
<br />The Grantor further, in consideration of the accept-
<br />ance of the easement above mentioned, by the Grantees,
<br />does hereby agree to pay the entire cost of installing a
<br />water main and appurtenances within the above described
<br />easement, constructed in accordance with the provisions,
<br />rules, regulations, and requirements of the said Grantees,
<br />their successors or assigns. Said watermain, valves,
<br />hydrants, and appurtenances shall upon completion and
<br />approval by the Grantees, their successors or assigns,
<br />become the property of the Grantee, Village of Mayfield,
<br />its successors or assigns. Said water main and appur-
<br />tenances installed by the Grantor shall remain the property
<br />of the Grantee, Village of Mayfield, and shall be a
<br />distribution water main of said Grantee within the pur-
<br />view and subject to the terms of any Water Service
<br />Agreement between said Grantee and the City of Cleveland
<br />now or hereafter in effect. It is agreed that all service
<br />connections shall be installed at the expense of the
<br />owners of abutting premises, or others seeking water
<br />service thereby, in accordance with the ordinances,
<br />rules and regulations of said Grantees, their successors
<br />or assigns and shall have connections assigned to them
<br />by the City of Cleveland .upon presentation of officially.
<br />designated street mailing addresses on the street or
<br />thoroughfare on which their premises abut. All meters
<br />shall be furnished by the City of Cleveland and paid for
<br />and set at the expense of said Grantor, its successors or
<br />assigns, and all water shall be supplied by the City of
<br />Cleveland, its successors or assigns in the same manner
<br />and to the same extent that water is supplied to the
<br />owners and occupants of premises abutting on public
<br />streets and highways in the City of Cleveland.
<br />The Grantor hereby restrict said premises within the
<br />limits of the above described easement against the con-
<br />struction thereon of any buildings of a temporary or per-
<br />manent type, excepting any sidewalks and/or pavements,
<br />or the construction in, over, or subjacent to the above
<br />described easement of any tunnels, railroad switch tracks,
<br />sewers, ducts, pipes, or pole lines within the limits of
<br />2 -
<br />
|