87-115 Ordinance - Laserfiche WebLink

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~... ..~.~ ~~~_ __ _".. _ _ .. M_ ..... _ . - _ .."..._w.... __ " ~ VCL. 88-0468 PAGE 68 abut. All meters shall be furnished by the City of Cleveland, and paid for and set at ttie expense of said Grantor, its successors or assigns, and all water shall be supplied by the City of Cleveland, its successors or assigns in the same manner and to the same extent that water is supplied to the owners and occupants of premises abutting on public streets and highways in the City of Cleveland. The Grantors hereby restrict said premises within the limits of the above de- scribed easement against the construction thereon of any buildings of a temporary or permanent type, excepting any sidewalks and/or pavements, or the construction in, over or subjacent to the above described easement of any tunnels, railroad switch tracks, sewers, ducts, pipes or pole lines within the limits of the above described easement which cross over or under said easement at any angle of not less than forty- five (45) degrees with the center lines of the water main or with clearance of not less than one (1) foot above or one and one-half (1'~) feet below said water main. In the event of a violation of any of the provisions of this easement by the Grantor, or his successors or assigns, the Grantees either jointly or separately, shall re- tain the right to-enter upon the premises of the Grantor and either discontinue the water fiervice, or make the necessary alterations to conform to the ordinances, rules and regulations of the Grantees, either jointly or separately. Any expenses involved by reason of the work involved shall be the responsibility of the Grantor. Further, the Grantees, either jointly or separately, shall not be responsible for restoration of the property or its environs or its original topographical condition, and should also be held blameless for any damage occurring by reason of water leakage from water mains or appurtenances. Further to restrict the storing or placing of any materials, parking of any vehicles of any type, equipment or other obstructions thereon, or otherwise interferring with the access to or the maintenance of the water main or appurtenances, and also against the planting or sufferance thereon or in such prox- imity thereto of trees and shrubbery which may restrict the accessibility for the maintenance of said water main and appurtenances. The Grantors further agree that no additional fill will be made, or a ramp con- structed within the limits of the above described easement for the purpose of pro- viding access to the property which will increase the depth of the water main in ex- cess of six (6) feet or to grade the surface within the limits of said easement which will reduce the depth of the water main to less than five (5) feet. It is agreed, however,. that if in the event the Grantor herein, his successors, or assigns desire to build over, encroach upon, change the grade, or otherwise utilize all or any por- tion of the easement granted hereby to permit improvement of property now restricted hereunder, the Grantees must first approve such use of land within the limits of easement granted .hereby, the Grantor shall reconstruct or relocate all or any portion of water main affected by such use of land and where necessary, grant a new easement of not less than fifty (SO) feet in width under the same terms and conditions as here- in provided and bear the entire cost of reconstruction or relocation of the water main or appurtenances, in accordance with the provisions, rules, regulations, requirements of the Grantees, their successors or assigns. Said reconstructed or relocated water main and appurtenances shall, upon completion and approval of the Grantees, become the property of (City, ~¢xS~~~~~X~2S~-i4~tS~~S~I of North Olmsted The grantors further agree that the Grantees shall be relieved of all liability to the Grantor on account of the maintenance, construction, reconstruction, or relocation of said water main~or appurtenances, and said Grantor hereby indemnifies and guaran- tees to save harmless the Grantees against any expense or damage to said water main or appurtenances, that said Grantors, their successors or assigns may at any time cause by the construction or maintenance of any paving, walks, switch tracks, tunnels, sewers, ducts, pipe or pole lines within or over said easement, or such other use of premises within the limits of above described easement as are not expressly prohibited herein, under the same conditions that legally exist for the installations and maintenance of water mains and appurtenances in streets dedicated to public use. The Grantor further agrees to the installation of a hard surface type driveway at ]east fifteen (15) feet in width, constructed adjacent to the water main, with the water main being located not less than nine (9) feet from either lateral limit of the easement area. The access driveway shall be either of concrete composition or of as- phalt construction of a type and material in conformance with O.D.O.T.-1985 specifications. The Grantor hereby reserves the right to use said premises within the limits of the above described easement for the passage or transportation of personnel, materials or equipment over or across the described easement, and to make such other use of said premises within the limits of the above described easement as are not herein expressly prohibited by and are not inconsistent with the rights and easement hereby granted. TO 1}AVE AND TO }TOLD TI}E above granted easement, right of way, water lines and appurtenances and further additions installed by Grantor to said water lines and appurtenances in, over, and subject to above described premises, for the purpose above mentioned unto said Grantees forever. --2-