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2003-110 Ordinance
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2003-110 Ordinance
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Last modified
1/10/2014 3:23:13 PM
Creation date
12/26/2013 7:46:26 AM
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North Olmsted Legislation
Legislation Number
2003-110
Legislation Date
9/2/2003
Year
2003
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1 <br />or pole lines that cross over or under the premises at an angle of not less than forty-five <br />(45) degrees with the center line of the sewer line, or which clear the above sewer line by <br />not less than three and one-half (3 - I/Z) feet above or three and one-half (3-1/2 ) feet <br />below. <br />The C''rrantor agrees to keep the premises free of materials, equipment, vehicles, <br />trees, shrubbery, and any other obsiructions that would interfere with Grantees' access to <br />or maintenance of sanitary sewers and appurtenances. Grantor further agrees to make no <br />alterations to the premises that would increase the depth of the sewer line to more than <br />six (6) feet or reduce its depth to less than five (5) feet. <br />If the Grantor desires to alter the premises in any way other than is expressly <br />permitted herein, he must obtain the prior written approval of the Grantee. Upon receipt <br />of such approval, the Grantor shall at his own expense relocate or reconstruct a11 or any <br />portion of the sewer line and appurtenances that are affected by such alteration and, <br />where necessary, grant a new easement of not less than fifty (50) feet in width under the <br />same terms and conditions as herein provided. The relocated or reconstructed sanitary <br />sewer and appurtenances sha11, upon completion, and approval by the Grantee, become <br />the property of the Crrantee, the City of North Olmsted. <br />If the Grantor violates any of the provisions of this easement, the Grantee, at the <br />expense of the Grantor, may enter upon the premises and discontinue sewer service or <br />make such alterations as are necessary to bring the premises into compliance with the <br />provisions of this easement. <br />Whenever maintenance or work of any kind is performed on the premises under <br />the terms of this easement, the Grantee shall bear no responsibility for restora.tion of the <br />premises or their environs to their original topographical condition. <br />The Grantor indemnifies and holds harmless the Grantee from any and all <br />damage, injury or loss to any person or property caused by, related to or resulting from <br />any leaks in the sewer line or appurtenances or the maintenance, construction, <br />reconstruction or relocation of said sewer line or appurtenances, other than damage, <br />injury or loss caused by, related to or resulting from the sole negligence of the Grantee. <br />The Grantor further indemnifies and holds harmless the Grantee from any and a11 expense <br />incurred and damage to the sewer line and appurtenances caused by, related to or <br />resulting from the Grantor's construction or mai.ntenance of any paving, walks, switch <br />tracks, tunnels, sewers, ducts, pipes or pole line within or upon the premises or from any <br />other usE of the premises by the Grantor. <br />The Grantor hereby reserves the right to use the premises for the passage or <br />transportation of personnel, materials or equipment, and to make such other use of the <br />premises as is not expressly prohibited by or inconsistent with the terxns of this easement. <br />2 <br />r. ;?.., . . <br />??
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