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<br />the property of the Grantee, City of North Olmsted and shall be a distribution water
<br />main of said Grantee within the purview and subject to the terms of any Water Service
<br />Agreanent between said Grantee and the City of Cleveland now or hereafter in effect.
<br />It is agreed that all service connections shall be installed at the expense of the
<br />owners of abutting premises, or other seeking water service thereby, in accordance
<br />with the ordinances, rules and regulations of said Grantees, their successors or
<br />assigns, and shall have connections assigned to thc3n by the City of Cleveland upon
<br />presentation of officially designated street mailing addresses on the street or
<br />thoroughfare on which their premises abut. All meters shall be furnished by the City
<br />of Cleveland, and paid for and set at the expense of said Grantor, its successors or
<br />assigns, and all water shall be supplied by the City of Cleveland, its successors or'
<br />assigns in the same manner and to the same extent that water is supplied to the
<br />owners and occupants of premises abutting on public streets and highways in the City
<br />of Cleveland.
<br />The Grantors hereby restrict said premises within the limits of the above de-
<br />scribed 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 pole 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 lines of the water main or with clearance of not
<br />less than one (1) Foot above or one and on-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 retain
<br />the right to enter upon the premises of the Grantor and either discontinue the water
<br />service, or make the necessary alterations to conform to the ordinances, rules and
<br />regulations of the Grantees,' either jointly or separately. Any expenses involved by
<br />reason of the work involved shall be the responsibility of the Grantor. Further, the
<br />Grantees, either jointly or separately, shall not be responsible for the restoration
<br />of the property or its environs or its original topographical condition, and should
<br />also be held blameless for any damage occuring 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 type, equipment or other obstructions thereon, or
<br />otherwise interferring with the access to or the maintenance of the water main or
<br />appurtenances, and also against the planting or sufferance thereon or in such proxi-
<br />mity thereto of trees and shrubbery which may restrict the accessibility for the
<br />maintenance of said water main and appurtenances.
<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 (S) 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 otherwise 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 relocation 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 completion and approval of the Grantees, become
<br />the property,of the City 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 reloc-
<br />ation 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
<br />time cause by the construction of maintenance of any paving, walks, switch tracks,
<br />tunnels,, sewers, ducts, pipe or pole lines within or over said easement, or such other
<br />use of premises within the limits of above described easement as are not expressly
<br />prohibited herein, under the same conditions that legally exist for the installations
<br />and maintenance 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 composition or of as-
<br />phalt construction of a type and material in conformance with the following specifica-
<br />tions.
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