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? VOL. 84?- 0130 PAGE 35
<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
<br />appurtenances, including the installing and maintaining of service connections and
<br />pipes, setting and maintaining all water meters and the making of all repairs to
<br />mains, service meters, and all appurtenances connected therewith that in the opinion
<br />of the Grantees, their successors or assigns, may be necessary at any time, also to
<br />turn off the water of any service or main, or to do any other thing that may be nec-
<br />essary or advisable in the judgement of said Grantees, their successors or assigns,
<br />in order to maintain or operate said main, meters, connections, pipes and appurte-
<br />nances in accordance with the ordinances, rules, and regulations for the management
<br />and protection of said Grantees now in force or that may hereafter be adopted. Fur-
<br />there, whenever maintenance or work of any kind is required hereunder, the Grantees,
<br />either jointly or separately, shall not be responsible for restoration of the prop-
<br />erty or its environs to its original topographical condition, and should also be
<br />held blameless for any damage occuring by reason of water leakage from water mains
<br />or appurtenances.
<br />The Grantor further, in consideration of the acceptance of the easement above
<br />mentioned, by the Grantees, does herebg agree to pay the entire cost of installing a
<br />water main and ap.purtenances within the above described easement, constructed in ac-
<br />cordance with the provisions, rules, regulations, and requirements of the said Grant-
<br />ees, their successors or assigns. Said water main, valves, hydrants, and appurte-
<br />nances shall upon completion and approval by the Grantees, their successors or as-
<br />signs, become the property of the Grantee (City) of North Olmsted
<br />its successors or assigns. Said water main and appurtenances installed by the Gran-
<br />tor shall remain the property of the Grantee (City, Village, Township) of
<br />North Olmsted and shall be a distribution water main of said Grantee within
<br />the purview and subject to the terms of any Water Service Agreement between said
<br />Grantee and the City of Cleveland now or hereafter in effect. It is agreed that all
<br />service connections shall be installed at the expense of the owners of abutting pre-
<br />mises, or other aeeking water service thereby, in accordance with the ordinances,
<br />rules and regulations of said Grantees, their successors or assigns, and shall have
<br />connections assigned to them by the City of Cleveland upon presentation of officially
<br />designated street mailing addresses on the street or thoroughfare on which their pre-
<br />mises abut. All meters shall be furnished by the City of Cleveland, and paid for and
<br />set at the expense of said Grantor, its successors or assigns, and all water shall be
<br />supplied by the Citg of C1eveland, its successors or assigns in the same manner and
<br />to the same extent that water ia supplied to the owners and occupants of premises
<br />abutting on public streets and highways in the City of Cleveland.
<br />The Grantors hereby restrict 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,
<br />over or subjacent to the above described easement of any tunnels, railroad switch
<br />tracks, sewers, ducts, pipes or gole lines within the limits of the above described
<br />easement which cross over or under said easement at any angle of not less than forty-
<br />five (45) degrees with the center Zines of the water main or with clearance of not
<br />less than one (1) foot above or one and one-half (1-1/2) feet below said water main.•
<br />In the event of a violation of any of the provisions of this easement by the Grantor,
<br />or his successors or assigns, the Grantees either jointly or separately, shall re-
<br />tain the right to enter upon the premises of the Grantor and either discontinue the
<br />water service, or make the necessary alterations to conform to the ordinances, rules
<br />and regulations of the Grantees, either 3ointly or separately. Any expenses involved
<br />by reason of the work involved shall be the responsibility of the Grantor. Further,
<br />the Grantees, either jointly or separately, shall not be responsible for restoratian
<br />of the property or its environs or its original topographical condition, and should
<br />also be held blameless for any damage occurring by reason of water leakage from water
<br />mains or appurtenances. Further to restrict the storing or placing of any materials,
<br />parking of any vehicles of any tppe, equipment or other obstructions thereoti, or
<br />otherwise interierring with the access to or the maintenance or Lne waLer main or
<br />appurtenances, and also against the planting or sufferance thereon or in such prox-
<br />imity thereto of trees and shrubbery which may restrict the accessibility for the
<br />maintenance of said water main and appurtenances.
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