2003-111 Ordinance - Laserfiche WebLink

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All water meters sha11 be furnished and set by Grantee, City of Cleveland, at the expense of the Grantor. All water sha11 be supplied by Grantee, City of Cleveland, in the same manner and to the same extent that said Crrantee supplies water to properties abutting on public streets in the City of Cleveland. The Grantor hereby restricts the premises against 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 or pole lines which cross over or under the premises at an angle of not less than forty-five (45) degrees with the center line of the water main, or which clear the water main by not less than one and one-half (1 -%z) feet above or one and one-half (1-'/Z ) feet below. The Grantor agrees to keep the premises free of materials, equipment, vehicles, trees, shrubbery, and any other obstructions that would interfere with Grantees' access to or maintenance of water mains and appurtenances. Grantor further agrees to make no alterations to the premises that would increase the depth of the water main to more than six (6) feet or reduce its depth to less than five (5) feet. The Grantor agrees to construct a hazd surface driveway, of at least fifteen (15) feet in width, adjacent to the water main. The access driveway shall be constructed of concrete or asphalt and shall conform to current O.D.O.T. specifieations. If the Crrantor desires to alter the premises in any way other than is expressly permitted herein, he must obtain the prior written approval of the Crrantees. Upon receipt of such approval, the Grantor sha11 at his own expense relocate or reconstruct a11 or any portion of the water main and appurtenances that are affected by such altera.tion and, where necessary, grant a new easement of not less than fifty (50) feet in width under the same terms and conditions as herein provided. The relocated or reconstructed water main and appurtenances shall, upon completion, and approval by the Grantees, become the property of Grantee, the City of North Olmsted. If the Grantor violates any of the provisions of this easement, the Grantees, either jointly or separately and at the expense of the Grantor, may enter upon the premises and discontinue water service or 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, the Grantees, jointly and sepazately, shall bear no responsibility for restoration of the premises or their environs to their original topographical condition. The Grantor indemnifies and holds hannless the Grantees from any and a11 damage, injury or loss to any person or property caused by, related to or resulting from any leaks in the water main or appurtenances or the maintenance, construction, reconstruction or relocation of said main or appurtenances, other than damage, injury or loss caused by, related to or resulting from the sole negligence of the Grantees. The Grantor further indemnifies and holds hartnless the Grantees from any and all expense ,