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<br />VUL. 86-0157 PAGE 42
<br />In consideration of the mutual covenants herein contained, the Grantor hereby
<br />gives, grants and conveys unto said Grantees, the right and easement to enter upon
<br />said premises and to lay, install, repair, and maintain therein a water main and all
<br />appurtenances connected therewith that in the opinion of the Grantees, their succes-
<br />sors or assigns, may be necessary at any time, also to turn off the water of any
<br />main, or to do any other thing that may be necessary or advisable in the judgement
<br />of said Grantees, their successors or assigns, in order to maintain or operate said
<br />main, pipes and appurtenances in accordance with the ordinances, rules, and regula-
<br />tions for the management and protection of said Grantees now in force or that may
<br />hereafter be adopted. Further, whenever maintenance or work of any kind is required
<br />hereunder, the Grantees, shall not be responsible for restoration of the property or
<br />its environ5 to its original topographical condition, and should also be held blame-
<br />less for any damage accuruing by reason of water leakage from water mains or appur-
<br />tenances.
<br />The Grantor further, in consideration of the acceptance of the easement above
<br />mentioned, by the Grantees, does hereby agree to pay the entire cost of installing a
<br />water main and appurtenances within the above described easement, constructed in accor-
<br />dance with the provisions, rules, regulations, and requirements of the said Grantee,
<br />their suceessors or assigns. Said water main, valves and appurtenances shall upon
<br />completion and approval by the Grantees, their successors or assigns, become the pro-
<br />perty af the Grantee (City, Village, Township) of North 4lmsted
<br />its successors or assigns. Said water main and appurtenances installed by the Grantor
<br />shall remain the property of the Grantee (Citp, Village, Township) of
<br />North Olmsted and shall be a distribution water main of said Grantee.
<br />The Grantor hereby restricts said premises within the limits of the above des-
<br />cribed easement against the construction thereon of any buildings of a temporary or
<br />permanent type, excepting any sidewalks and/or pavements, or the construction in, over,
<br />or subjacent to the above described easement of any tunnels, railroad, switch tracks,
<br />sewers, ducts, pipes, or pole lines within the limits of the above described easement
<br />which cross over or under said easement at any angle of not less than forty-five (45)
<br />degrees with the centerlines of the water main or with clearance of not less than one
<br />(1) foot above or ane and one-half (1-1/2) feet below said water main. In the event
<br />of a violation of any of the provisions of this easement by the Grantor or his successors
<br />or assigns, the Grantees either jointly or segarately, shall retain the right to enter
<br />upon the premises o€ the Grantor and either discontinue the water service, or make the
<br />necessary alterations to conform to the ordinances, rules and regulations of the
<br />Grantees, either jointly or separateZy. Any expense involved by reason of the work in-
<br />volved shall be the responsibility of the Grantor. Further, the Grantees, either
<br />jointly or separatel.y sha11 not be responsible for restoration of the property or its
<br />environs to its,original topographical condition, and should also be held blameless for
<br />any damage accruing by reason of water leakage from water mains or appurtenances.
<br />Further, to restrict the storing or placing of any materials, parking of any vehicles
<br />of any type, equipment or other obstructions thereon, or otherwise interferring with the access to or the maintenance of the water main or appurtenances, and, also, against
<br />the planting or sufferance ther.eon or in such proximity thereto of trees and shrubbery
<br />wh3.ch may restrict the accessibility for the maintenance of said water main and appur-
<br />tenances. _
<br />The Grantor further agrees that no additional fill will be made, or a ramp
<br />constructed within the limits of the above described easement for the purpose of pro-
<br />viding access to the property which wi11 increase the depth of the water main in ex-
<br />cess of six (6) feet or to grade the surface within the limits of said easement which
<br />will reduce the depth of the water main to less than five (5) feet. It is agreed, how-
<br />ever, that if in the event the Grantor herein, his successors, or assigns desire to
<br />build over, encroach upon,change the grade, or otherwise utilize all or any portion of
<br />the easement granted hereby to permit improvement ot property now restricted hereunder,
<br />.. }'}1P aYotlt'oPC tTI71Rt fi YC?' a.pTx'OVP_ S11C.h USE of land w7i.rhi n f'}1P.. l1I47.tR nf pgSPmPnt gYA.p1'taa
<br />hereby the Grantor shall reconstruct or relocate all or any portion of water main affec-
<br />ted by such use of Iand and where necessary, grant a new easement of not less than
<br />thirty (30) feet in width under the same terms and conditions as herein provided and
<br />bear the entire cost of reconstruction or relocation of the water main or appurtenances,
<br />in accordance with the provisions, rules, regulations, and requirements of the Grantees,
<br />their successors, or assigns. Said reconstructed or relocated water main and appurten-
<br />ances shall, upon completion and approvaZ of the Grantees, become the property of
<br />(.City, Village, Township) of _North_Olmsted
<br />ti.
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