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<br />forty-five (45) degrees with the center lines of the water main or with clearance of
<br />..not less than one (1) foot above or one and one-half (1'~) 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 expense 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 restoration of the
<br />property or its environs to its original topographical condition, and should also be
<br />held blameless for any damage accruing by reason of water leakage from water mains or
<br />appurtenances. Further, to restrict the storing or placing of any materials, parking
<br />of any vehicles of any type, equipment or other obstructions thereon, or otherwise
<br />interfering with the access to or the maintenance of the water main or appurtenances,
<br />and, also, against the planting or sufferance thereon or in such proximity thereto of
<br />trees and shrubbery which may restrict the accessibility for the maintenance of said
<br />water main and appurtenances.
<br />The Grantor further agrees 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 providing
<br />access to the property which will increase the depth of the water main in excess of six
<br />(6) feet or to grade the surface within the limits of said easement which will reduce
<br />the depth of the water main to less than five (5) feet. It is agreed, however, that if in
<br />the event the Grantor herein, his successors, or assigns desire to build over, encroach
<br />upon, change the grade, or otherwise utilize all or any portion of the easement granted
<br />hereby to permit improvement of property now restricted hereunder, the Grantees must
<br />first approve such use of land within the limits of easement granted hereby the Grantor
<br />shall reconstruct or relocate all or any portion of water main affected by such use~of
<br />land 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 cost
<br />of reconstruction or relocation of the water main or appurtenances, in accordance with
<br />the provisions, rules, regulations, and requirements of the Grantees, their successors
<br />or assigns. Said reconstructed or relocated water main and appurtenances shall, upon
<br />completion and approval of the Grantees, become the property of (City, Village, Town-
<br />ship) of City of North Olmsted
<br />The Grantor further agrees that the Grantees shall be relieved of all liability
<br />to the Grantor on account of the maintenance, construction, reconstruction, or reloca-
<br />tion of said water main or appurtenances, and said Grantor hereby indemnifies and guar-
<br />antees to save harmless the Grantees against any expense or damage to said water main
<br />or appurtenances that said Grantor, their successors or assigns may at any time cause
<br />by the construction or maintenance of any paving, walks,switch tracks, tunnels, sewers,
<br />ducts, pipe or pole lines within or over said easement, or such other use of premises
<br />within the limits of above described easement as are not expressly prohibited herein,
<br />under the same conditions that legally exist for the installations and maintenance of
<br />water mains and appurtenances in streets dedicated to public use.
<br />The Grantor further agrees that since this water main is for circulation purposes
<br />only, no service connections or hydrants shall be taken off it at any time and that
<br />divisional valves of the same size of the water main shall be installed at each longi-
<br />tudinal end of the easement area. In the event of leakage or a break, the Division of
<br />Water and Heat will close the divisional valves and take the easement section of water
<br />main out of service until it is repaired by and at the expense of the Grantor or the
<br />suburban authority.
<br />TO HAVE AND TO HOLD THE above granted easement, right-of-way, water lines and
<br />appurtenances and further additions installed by Grantor to said lines and appurtenances
<br />in, over, and subject to above described premises, for the purpose above mentioned .unto
<br />said Grantees forever.
<br />It is the intent of this com~eyance :yat naitiier the filing of this deed or con-
<br />veyance, its acceptance by the Grantees nor any other circumstances shall be construed
<br />as a dedication of or as an agreement by the Grantee to accept for dedication the•
<br />premises herein described for public use as a street.
<br />And the Grantor does for itself, its successors and assigns covenant with the
<br />said Grantees and their successors and assigns, that at and until the sealing of these
<br />presents, it is well seized of the above described premises as a good and indefeasible
<br />estate in FEE SIDLE and has good right to bargain and grant the same in manner and
<br />forms as above written, and that it will WARRANT AND DEFEND SAID PREMISES with the
<br />appurtencances thereunto belonging to the Grantees their successors and assigns
<br />against all lawful claims and demands whatsoever for the purpose herein described.
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