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99-042 Ordinance
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99-042 Ordinance
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1/9/2014 4:15:31 PM
Creation date
12/30/2013 4:04:59 AM
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North Olmsted Legislation
Legislation Number
99-042
Legislation Date
4/6/1999
Year
1999
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/ <br />The Grantor agrees to construct a hard surface driveway, <br />of at least f ifteen (15) feet in width, adjacent to the water <br />main. The access driveway shall be constructed of concrete or <br />asphalt and shall conform to current O.D.O.T. specifications. <br />If the Grantor desires to alter the premises in any way <br />other than is expressly permitted herein, he must obtain the <br />prior written approval of the Grantees. Upon receipt of such <br />approval, the Grantor shall at his own expense relocate or <br />reconstruct all or any portion of the water main and <br />appurtenances which are affected by such alteration and, where <br />necessary, grant a new easement of not less than fifty (50) <br />feet in width under the same terms and conditions as herein <br />provided. The relocated or reconstructed water main and <br />appurtenances shall, upon completion, and approval by the <br />Grantees, become the property of Grantee, (City,xNtk]xaaGw <br />'gawxKxipx Of NORTH OT,MSTED <br />If the Grantor violates any of the provisions of this <br />easement, the Grantees, either jointly or separately and at the <br />expense of the Grantor, may enter upon the premises and <br />discontinue water service or make sucn alterations as are <br />necessary to bring the premises into compliance with the <br />provisions of this easement. <br />Whenever maintenance or wcrk of ar_y kind is performed on <br />the gremises under the terms of this easement, the Grantees, <br />jointly and separately, shall bear no respor.sibility fcr <br />restoration of the premises or their environs tc their original <br />topographical condition. <br />The Grantor indemnifies and holds harmless the Grantees <br />from any and all damage, injury or loss to any person or <br />property caused by, related to or resulting from any leaks in <br />the water main or anpurtenances or the maintenance, <br />construction, reconstruction or relocation of said mair_ or <br />appurtenances, other than damage, injury or loss caused by, <br />related to or resuiting from the sole neglicence of the <br />Grantees. The Grantor further indemnifies and holds harnl=ss <br />the Grantees rrom any and all expense _ncurred and damage to <br />the water main and appurtenances caused by, related ta or <br />resul.ting from the Grantor's construction or maintenance of any <br />paving, walks, switch tracks, tunnels, sewers, ducts, pipes or <br />pole line within or upon the premises or from any other use of <br />the premises by the Grantor. <br />The Grantor hereby reserves the right to use the premises <br />for the passage or trar_sportation of personnel, materials or <br />equipment, and to make such other use of tnc premises as is not <br />expressly prohibited by or inconsistent with the teYms of this <br />easement. <br />- 3 - <br />
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