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88-083 Ordinance
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88-083 Ordinance
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1/11/2014 12:54:37 PM
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North Olmsted Legislation
Legislation Number
88-083
Legislation Date
8/12/1988
Year
1988
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? <br />In consideration of the mutual covenants here.in contained, the <br />Grantors hereby give, grant and convey unto the said City of North <br />Olmsted, a municipal corporation of Ohio,. the right and :easement to enter <br />upon said premises and to lay, install, repair and maintain therein storm <br />sewer together with appurtenances, including the installing and main- <br />taining of service connections and pipes and the making of all repairs to <br />sewers and all appurtenances connected therewith that in the opinion of <br />the proper local authorities of the City of Nortn Olmsted, their <br />successors or assigns, in order to maintain or operate said sewers, <br />connections,pipes and appurtenances in accordance with the ordinance, <br />rules and regulations for the management and protection of the said City <br />of North Olmsted, now in force or that may hereinafter be adopted. <br />The Grantors further in consideration of the acceptance of the easement <br />above mentioned, by the City of North Olmsted, do hereby agree to pay the <br />entire cost of installing storm sewer, together with appurtenances within <br />the above described easements, constructed in accordance with the <br />provisions, rules, regulations and requirements of the said City of North <br />Olmsted, its successors or assigns. Said storm sewer and appurtenances <br />shall upon completion and approval by the City of North Olmsted, its <br />successors or assigns become the property of the City of North Olmsted, <br />its successors or assigns. It is agreed that all service connections <br />shall be installed at the expense of the owners of abutting premises or <br />others seeking sewer service thereby in accordance with the rules and <br />regulations of the said City of North Olmsted, its successors or assigns. <br />The Grantors hereby restrict said premises within the limits of the above <br />described easement against the construction thereon of any buildings of a <br />temporary or permanent type, excepting any sidewalks and/or pavements of <br />the construction in, over or subjacent to the above described easements of <br />any tunnels, railroad switch-tracks, sewers, ducts, pipe or pole lines <br />within the limits of the above described easement which cross over or <br />under said easement at any angle less than forty-five (45) degrees with of <br />sewers. Also to restrict the storing or placing of any materials, <br />equipment or other obstruction thereon, or otherwise interfering with the <br />access to or the maintenance of storm sewer and appurtenances and also <br />against the planting or sufferance thereon or in such proximity thereto of <br />trees of such root characteristics which may injure said sewer. <br />It is agreed however, that if in the event the Grantors herein, their <br />successors or assigns desire to build over, encroach upon, change the <br />grade, or otherwise utilize all or any portion of the easement granted <br />hereby to permit the improvement of property, now restricted herein, the <br />City of North Olmsted must first approve such use of land within the <br />limits of easement granted hereby, the Grantors shall reconstruct or <br />relocate all or a portion of sewers affected by such use of land and where <br />necessary grant a new easement of not less than ten (10) feet in width <br />under the same terms and conditions as herein provided and bear the entire <br />cost of reconstruction or relocating said sewer and/or appurtenances in <br />accordance with the provisions, rules, regulations, and requirements of <br />the City of North Olmsted, its successors or assigns. Said reconstructed <br />or relocated sewers and appurtenances shall, upon completion and approval <br />by the City of North Olmsted, become the property of the City of North <br />Olmsted. <br />_ . • ?????? <br />?
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