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t, <br />? - 4 <br />of above described easement as are not expressly prohibited herein, ' <br />under the same conditions that legally exist for the installations <br />and maintenance of water mains and appurtenances in streets dedicated <br />to public use. <br />The Grantor further agrees to the installation of a hard surface <br />type driveway at least fifteen (15) feet in width, constructed adjacent <br />to the water main, with the water main being located not less than nine <br />(9) feet from either lateral limit of the easement area. The access <br />driveway shall be either of concrete composition or of asphalt construction <br />of a type and material in conformance with O.D.O.T.-1985 specifications. <br />The Grantor hereby reserves the right to use.said premises <br />within the limits of the above described easement for the passage or <br />transportation of personnel, materials or equipment over or across the <br />described easement, and to make such other use of said premises within <br />the limits of the above described easement as are not herein expressly <br />prohibited by and are not inconsistent with the rights and easement <br />hereby granted. <br />TO HAVE AND TO HOLD THE above granted easement, right-of-way, <br />water lines and appurtenances and further additions installed by <br />Grantor to said water lines and appurtenances in, over, and subject <br />to above described premises, for the purpose above mentioned unto <br />said Grantees forever. <br />It is the intent of this conveyance that neither the filing or <br />this deed or conveyance, its acceptance by the Grantees nor any other <br />circumstances shall be construed as a dedication of or as an agreement <br />by the Grantees to accept for dedication the premises herein-described <br />for public use as a street. <br />And the Grantor does for itself, its successors and assigns <br />convenant with the said Grantees, and its successors and assigns, <br />that at and until the sealing of these presents, it is well seized <br />of the above described premises as a good and indefeasible estate in <br />FEE SIMPLE and has good right to bargain and grant the same in manner <br />and forms as above written, and that it will WARRANT AND DEFEND SAID <br />PREMISES with the appurtenances thereunto belonging to the Grantees, <br />their successors and assigns against all lawful claims and demands <br />whatsoever for the purpose herein described. <br />It is agreed that whatever party is named in this instrument <br />there shall be intended and included, in each case, that party, his <br />or her heirs, administrators, its successors, and/or assigns.