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86-084 Ordinance
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86-084 Ordinance
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1/11/2014 12:50:38 PM
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North Olmsted Legislation
Legislation Number
86-084
Legislation Date
10/10/1986
Year
1986
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r ' •, ' - 3 - <br />easement which cross over or under said easement at any angle of not less <br />than forty-five (45) degrees with the center lines of the water main or <br />with clearance of not less than one (1) foot above or one and one-half <br />(1k) feet below said water main. In the event of a violation of any of <br />the provisions of this easement by the Grantor, or his successors or assigns, <br />the Grantee shall retain the right to enter upon the premises of the Grantor <br />and either discontinue the water service, or make the necessary alterations <br />to conform to the ordinances, rules and regulations of the Grantee. Any <br />expenses involved by reason of the work involved shall be the responsibility <br />of the Grantor. Further, the Grantee shall not be responsible for restoration <br />of the property or its environs to its original topographical condition, and <br />should also be held blameless for any damage accruing by reason of water <br />leakage from water mains or appurtenances. Further, to restrict the storing <br />or placing of any materials, parking of any vehicles of any type, equipment <br />or other obstructions thereon, or otherwise interferring with the access to <br />or the maintenance of the water main or appurtenances, and also against the <br />planting or sufferance thereon or in such proximity thereto of trees and <br />shrubbery whi.ch may restrict the accessibility for the maintenance of said <br />water main and appurtenances. <br />The Grantors further agree that no additional fill will be made, <br />or a ramp constructed within the limits of the above described ease- <br />ment for the purpose of providing access to the property which will <br />increase the depth of the water main in excess of six (6) feet or to <br />grade the surface within the limits of said easement which will reduce <br />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 <br />assigns desire to build over, encroach upon, change the grade, or <br />otherwise utilize all or any portion of the easement granted hereby <br />to permit improvement of property now restricted hereunder, the Grantees <br />must first approve such use of land within the limits of easement <br />granted hereby, the Grantor shall reconstruct or relocate all or any <br />portion of water main affected by such use of land and where necessary, <br />grant a new easement of not less than fifty (SO) feet in width under <br />the same terms and conditions as herein provided and bear the entire <br />cost of reconstruction or relocation of the water main or appurtenances, <br />in accordance with the provisions, rules, regulations, and requirements <br />of the Grantees, their successors or assigns. Said reconstructed or <br />relocated water main and appurtenances shall, upon completion and <br />approval of the Grantees, become the property of the City of North <br />Olmsted. <br />The Grantors further agree that the Grantees shall be relieved <br />of all liability to the Grantor on account of the maintenance, <br />construction, reconstruction, or relocation of said water main or <br />appurtenances, and said Grantor hereby indemnifies and guarantees to <br />save harmless the Grantees against any expense or damage to said water <br />main or appurtenances, that said Grantors, their successors or assigns <br />may at any time cause by the construction or maintenance of any paving, <br />walks, switch tracks, tunnels, sewers, ducts, pipe or pole lines within <br />or over said easement, or such other use of premises within the limits
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