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<br />the provisions of this easement by the Grantor or his successors or assigns, the
<br />Grantees either jointly or separately, shall retain the right to enter upon the
<br />premises of 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 separately. Any expense involved by reason of the ?
<br />work involved shall be the responsibility of the Grantor. Further, the Grantees,
<br />either jointly or separately, shall not be responsible for restoration of the
<br />property or its environs to its ariginal topographical condition, and should also
<br />be held blameless for any damage accruing by reason of water leakage from water
<br />mains or appurtenances. Further, to restrict the storing or placing of any ma-
<br />terials, parking of any vehicles of any type, equipment or other obstructions
<br />thereon, or otherwise interfering with the access to or the maintenance of the
<br />water main or appurtenances, and, also, against the planting or sufferance there-
<br />on or in such proximity tliereto.of trees and shrubbery which may restrict the
<br />accessibility for the maintenance of said water main and appurtenances.
<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
<br />providing access to the property which will increase the depth of the water main
<br />in excess of six (6) feet or to grade the surface within the limits of said ease-
<br />ment which will reduce the depth of the water main to less than five (5) feet.
<br />It is agreed, however, that if in the event the Grantor herein, his successors,
<br />or assigns desire to build over, encroach upon, change the grade, or otherwise
<br />utilize all or any portion of the easement granted hereby to permit improvement
<br />of property now restricted hereunder, the Grantees must first approve such use
<br />of land within the limits of easement granted hereby the Grantor shall recon-
<br />struct or relocate all or any portion of water main affected by such use of land
<br />and where necessary, grant a new easement of not less than thirty (30) feet in
<br />width under the same terms and conditions as herein provided and bear the entire
<br />cost of reconstruction or relocation of the water main or appurtenances, in ac-
<br />cordance with the provisions, rules, regulations, and requirements of the
<br />Grantees, their successors or assigns. Said reconstructed or relocated water
<br />main and appurtenances shall, upon completion and approval of the Grantees, be-
<br />come the property of (City, X11aXgW, Tnmxbdp)xof North Olmsted
<br />The Grantor further agrees that the Grantees shall be relieved of all lia-
<br />bility to the Grantor on account of the maintenance, construction, reconstruction,
<br />or relocation of said water main or appurtenances, and said Grantor hereby indem-
<br />nifies and guarantees to save harmless the Grantees against any expense or damage
<br />to said water main or appurtenances, that said Grantor, their successors or assigns
<br />may at any time cause by the construction or maintenance of any paving, walks,
<br />switch tracks, tunnels, sewers, ducts, pipe or pole lines within or over0 said ease-
<br />ment, or such other use of premises within the linits of above described easement
<br />as are not expressly prohibited herein, under the same conditions that legally
<br />exist for the installations and maintenance of water mains and appurtenances in
<br />streets dedicated to public use.
<br />The Grantor further agrees that since this water main is for circulation
<br />purposes only, no service connections or hydrants shall be taken off it at any
<br />time and that divisional valves of the same size of the water main shall be in-
<br />stalled at each longitudinal end of the easement area. In the event of leakage
<br />or a break, the Division of Water and Heat will close the divisional valves and
<br />take the easement section of water main out of service until it is repaired by
<br />and at the expense of the Grantor or the euburban authority.
<br />TO HAVE AND TO HOLII THE above granted easement, right-of-way, water lines
<br />and appurtenances and further additions installed by Grantor to said lines and
<br />appurtenances in, over, and subject to above described premises, for the purpose
<br />above mentioned unto said Grantees forever.
<br />It is the intent of this conveyance that neither the filing of this deed or
<br />conveyance, its acceptance by the Grantees nor any other circumstances shall be
<br />construed as a dedication of or as an agreement by the Grantee to accept for
<br />dedication the premises herein described for public use as a street.
<br />And the Grantor does for itself, its successors and assigns covenant with
<br />the said Grantees and their successors and assigns, thar_ at and until the sealing
<br />of these presents, it is well seized of the above described premises as a good
<br />and indefeasible estate in FEE SIMPLE and has good right to bargain and grant the
<br />same in manner.and forms as above written, and that it will WARRANT AND DEFEND
<br />SAID PREMISES with the apnurtenances thereunto belonging to the Grantees their
<br />successors and assigns against all lawful claims and demands whatsoever for the
<br />purpose herein described.
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