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73-024 Resolution
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73-024 Resolution
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North Olmsted Legislation
Legislation Number
73-024
Legislation Date
2/20/1973
Year
1973
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<br />of land and where necessary, grant a new easement of not Less <br />than thirty (30) feet in width under the same terms and cones <br />ditions as herein provided and bear the entire cost of recon- <br />struction or relocation of the water main or appurtenances, <br />in .accordance with the provisions, rules, regulations, and <br />requirements of the Grantees, their successors or assigns. <br />Said reconstructed or relocated water main and appurtenances <br />shall, upon completion and approval of the Grantees, become <br />the property of City of North Olmsted, <br />The Grantors further agree that the Grantees shall be re- <br />lieved of all liability to the Grantor on account of the maintew <br />Hance, construction, reconstruction, or relocation of said water <br />main or appurtenances, and said Grantor hereby indemifies and <br />guarantees to save harmless the Grantees against any expense <br />or damage to said water main or appurtenances, that said <br />Grantors, their successors or assigns may at any time cause by <br />the construction or maintenance of any paving, walks, switch <br />tracks, tunnels, sewers, ducts, pipe or pole lines within or <br />over said easement, or such other use of premises within the <br />limits of above described easement as are not expressly pro- <br />hibited herein, under the same conditions that legally exist <br />for the installations and maintenance of water mains and appur- <br />tenances in streets dedicated to public use. <br />The Grantor further agrees to the installation of a hard <br />surface type driveway at least fifteen~(IS) feet in width, <br />constructed adjacent to the water main, with the water main <br />being located not less than five (5) feet from either lateral <br />limit of the easement area. The access driveway shall be <br />either of concrete composition or of asphalt construction of a <br />type and material in conformance with the following specifi- <br />cations. <br />State of Ohio Department of Highways Construction and <br />Mater i a l Specifications, latest Edition <br />The Grantor hereby reserves the right to use said premises <br />within the limits of the above described easement for the passage <br />or transportation of personnel, materials or equipment over or <br />across the described easement, and to make such other use <br />of said premises within the limits of the above described <br />easement as are not herein expressly prohibited by and are not <br />inconsistent with the rights and easement hereby granted. <br />TO HAVE AND TO HOLD THE above granted easement, right-of~ <br />way, water lines and appurtenances and further additions ins <br />stalled by Grantor., to said water lines and appurtenances in, <br />over,~and subject to above describedjpremises, for the purpose <br />above mentioned unto said Grantees forever. <br />It is the intent of this conveyance that neither the filing <br />of this deed or conveyance, its acceptance by the Grantees nor <br />any other circumstance shall be construed as a dedication of or <br />as an agreement by the Grantees to accept for dedication the <br />premises herein described far public use as a street. <br />And the Grantor does for itself, its successors and assigns <br />covenant with the said Grantees, and its successors and assigns, <br />that at and until the sealing of these presents, it is well <br />seized of the above described premises as a good and indefeasible <br />estate in FEE SIMPLE and has good right to bargain and grant <br />the same in manner and forms as above written, and that it will <br />-4- <br /> <br />
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