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? ...,?,...§4n.
<br />VtJr. 86-0130 PAGE 36
<br />The Grantors further agree that no additional fill will be made, or a ramp con-
<br />structed within the limits of the above described easement for the purpose of pro-
<br />viding access to the property which will 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,
<br />however, that if in the event the Grantor herein, his successors, or assigns desire
<br />to build over, encroach upon, change the grade, or atherwise utilize all or any por-
<br />tion of the easement granted hereby to permit improvement of property now restricted
<br />hereunder, the Grantees must first approve such use of land within the limits of
<br />easement granted hereby, the Grantor shall reconstruct or relocate all or any portion
<br />of water main affected by such use of land and where necessary, grant a new easement
<br />of not less than fifty (50) feet in width under the same terms and conditions as here-
<br />in provided and bear the entire cost of reconstruction or reloeation of the water main
<br />or appurtenances, in accordance with the provisions, rules, regulations, requirements
<br />of the Grantees, their successors or assigns. Said reconstructed or relocated water
<br />main and appurtenances shall upon campletion and approval of the Grantees, become the
<br />property of (City, Village, Township) of North Olmsted
<br />The Grantors further agree that the Grantees shall be relieved of all liability
<br />to the Grantor on account of the maintenance, construction, reconstruction, or relo-
<br />cation of said water main or appurtenances, and said Grantor hereby indemnifies and
<br />guarantees to save harmless the Grantees against any expense or damage to said water
<br />main or appurtenances, that said Grantors, their successors or assigns may at any time
<br />cause by the construction or maintenance of any paving, walks, switch tracks, tunnels,
<br />sewers, ducts, pipe or pole lines.within or over said easement, or such other use of
<br />premises within the limits of above described easement as are not expressly prohibited
<br />herein, under the same conditions that legally exist for the installations and main-
<br />tenance of water mains and appurtenances in streets dedicated to public use.
<br />The Grantor further agrees to the installation of a hard surface type driveway at
<br />least fifteen (15) feet in width, constructed adjacent to the water main, with the
<br />water main being located not less than nine (9) feet from either lateral limit of the
<br />easement area. The access driveway shall be either of concrete camposition or of as-
<br />phalt construction of a type and material in conformance with the ODC?T 1985
<br />specifications.
<br />The Grantor hereby reserves the right to use said premises within the limits of
<br />the above described easement for the passage or transportation of personnel, materials
<br />or equipment over or across the described easement, -and to make such other use of said
<br />premises within the limits of the above described easement as are not herein expressly
<br />prohibited by and are not fnconsistent with the rights and easement hereby granted.
<br />TO HAVE AND TO flOLD THE above granted easement, right of way, water lines and
<br />appurtenances and further additions installed by Grantor to said water lines and
<br />appurtenances in, over, and subject to above described premises, far the purpose
<br />above mentioned unto said Grantees forever. It is the intent of this conveyance that neither the fiZing of this deed or con-
<br />veyance, its acceptance by the Grantees nor any other circumstance shall be construed
<br />as a dedication of or as an agreement by the Grantees to accept for dedication the
<br />premises herein described for public use as a street.
<br />And the Grantor does far itself, its successors and assigns convenant with the
<br />said Grantees, and its successors and assigns, that at and until the sealing of
<br />these presents, it is well seized of the above described premises as a good and
<br />indefeasibZe estate in FEE.SIMPLE and has good right to bargain and grant the same
<br />in manner and forms as above written, and that it will WARRANT AND DEFEND SAID PRE-
<br />MISES with the appurtenances thereunto belonging to the Grantees, their successors
<br />and assigns against all lawful claims and demands whatsoever for the purpose herein
<br />rl oc.•,-; hor? .
<br />It is agreed that whatever party is named in this iastrument there shall be in-
<br />tended and included, in each case, that party, his or her heirs, administrators, its
<br />successors, and/or assigns.
<br />
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