2003-062 Ordinance - Laserfiche WebLink

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The Grantor hereby restricts the premises against the construction thereon of any temporary or permanent structure, 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 centerline of the water main, or which clear the water main by not less than on and one-half ( 1 1/2) feet above or one and one-half (1 1/2) feet below. The Grantor agrees to keep the prerriises free of materials, equipment, vehicles, trees, shrubbery, and any other obskructions which would intertere with Grantees, access to or maintenance of water mains and appurtenances. Grantor further agrees to make no alterations to the premises which 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 hard 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 O.D.O.T. 1993 specifications. If the Grantor desires to alter the premises in any way other than is expressly permitted herein, he must obtain the prior written approval of the Grantees. Upon receipt of such approval, the Grantor shall at his own expense relocate or reconstruct all or any portion of the water main and appurtenances which are affected by such alteration 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 praperty of Grantee, City.of 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 discantinue 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 easernent, the Grantees, jointly or separately, shall bear no responsibility for restora#ion of the premises or their environs to their originat topographical condition. The Grantor indemnifies and holds harmless the Grantees from any and all damage, injury or lass 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, irijury or loss caused by, related to or resulting from the sole negligence of the Grantees. The Grantor further indemnifies and holds harmless the Grantees from any and all expense incurred and damage to the water main and appurtenances caused by, related to or resulting from the Grantor's construction or maintenance of any paving, walks, switch tracks, tunnels, sewers, ducts, pipes or pole lines within or upon the premises or from any ofher use of the premises by the Grantor. The Grantor hereby reserves the right to use the premises for the passage or transportation of personnel, materials or equipment, and to make such other use of fhe premises as is not expressly prohibited by or inconsistent with the terms of this easement. The Grantor and the Grantees mutually agree that neither the recording of this instrument nor its acceptance by the Grantees shall be construed as a dedication of the premises or an agreement by the Gran#ees to accept the premises for dedication for public use as a street. Page 3 of 5