2008-100 Ordinance - Laserfiche WebLink

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All service connections shall be installed in accordance with the ordinances, rules and regulations of the Grantee at the expense of owners of abutting property of others who seek sanitaty sewer service thereby. Service connections shall be assigned to specific street mailing addresses assigned by the Crrantee. The Crrantor hereby restricts the Premises aga,inst the construction thereon of any temporary or permanent structures, except that Grantor may install or cause to be installed sidewalks or pavements, or tunnels, railroad switch tracks, sewers, ducts, pipes of pole lines that cross over or under the Premises at an angle of not less than forty-five (45) degrees with the center line of the sewer line, or which clear the above sewer line by not less than three and one- half (3-1/2) feet above or three and one-half (3-1/2) feet below. The Grantor agreas to keep the Premises free of materials, equipment, trees, shrubbery, and any other obsiructions tliat would interfere with Crrantee's access to or maintenance of sanitary sewers and appurtenances, with the exception of Crrantor's asphalt parking and related facilities. Grantor fizrther agrees to make no alterations to the Premises that would increase the depth of the sewer line to more than six (6) feet or reduce its depth to less than five (5) feet. If the Grantor desires to alter the Premises in any way other than is expressly permitted herein, it must obtain the prior written approval of the Grantee which approval shall not be unreasonably withheld, conditioned or delayed. Upon receipt of such approval, the Grantor shall at its own expense relocate or reconstruct all or any portion of the sewer line and appurtenances that are affected by such alteration and, where necessary, grant a new easement of not less than fifly (50) feet in width under the same terms and conditions as herein provided. The relocated or reconstructed sanitary sewer and appurtenances shall, upon completion, and approval by the Grantee, become the property of the Crrantee, the City of North Olmsted. If the Grantor violates any of the provisions of this easement, where such violation shall continue for a period of thirty (30) days after written notice thereof by Grantee to Grantor provided, however, Grantor shall not be deemed to be in violation if Grrantor commences to cure within said thirty (30) day period and diligently prosecutes such cure to completion, the Grantee, at the expense of the Grantor, may enter upon the Premises and make such alterations as are necessary to bring the Premises into compliance with the provisions of this easement. Whenever maintenance or work of any kind is performed on the Premises under the terms of this easement, Grantee shall provide Grantor with advance notice, ideally not less than twenty four (24) hours notice prior to the commencement, unless in the case of an emergency, af said work; Grantee shall replace and restore the ground surface (including, but not limited to, engineered fill and asphalt patch) and cover any excavation work performed in accordance with recommended industry standards but otherwise the Grantee shall bear no cost or responsibility for restoration of the Premises or their environs to their original topographical condition. Further, during the course of such work by Grantee, a reasonable means of vehicular access shall be constructed and maintained on the surface of the Easement, for use by the Crrantor, its agents, tenants, invitees, and customers. In the event that Grantee fails to provide notice of default, notice of excavation, f'ails to preserve Grantor's access drive or otherwise fails to backfill and patch in accordance with recommended industry standards, Grantor's recourse shall be limited ta written demand upon the City to correct and improve performance of said notice and construction pra.ctices. Page2of6