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<br />The Grantor hereby reatricts the promisea aqainst the <br />, conattuction thereon of any temporary or pereanent atructures, <br />except tbat Grantor may inatall or cause to be inatalled ' <br />aidevalks or pavements, or tunnels, railroad awitch tracks, <br />sew*rs, ducta, pipei or pole linea which cross over or under the <br />premises at an angle of not Iesa than forty-five (45) deqreei <br />with the center line of the water main, or vhich clear the water <br />main by not leaa than one and onrhalt (1-1/2) feet above or one <br />and one-half (1-1/2) feet below. <br />The Grantor aqrees to keep the premisea tree of <br />materiala, equipment, vehicles, trees, shrubbery, and any other <br />obstructiona which would interfere with Granteea' access to or <br />maintenance of water mains and appurtenances. Grantor turther <br />aqreee to make no alterationa to th• premisei which would <br />increaae the depth of the water main to mor• than six (6) feet <br />or reduce its depth to le:a than five (S) feet. <br />It the Grantor deairea to alter the premises in any way <br />other than ia expressly permitted herein, he ¦uat obtain th• <br />prior written approval of tht Grantees. Opon receipt of sucb <br />approval, the Grantor shall at hia own expens• rtlocat* or <br />reconstruct all or any portion of th• water ain and <br />appurtenances ahich are affected by auch alteration aad, wber• <br />neceasary, qrant a new easement of not less than thirty (30) <br />feet in width under the same terma and conditiona aa hereio <br />provided. The relocated or reconattucted water sain and • <br />appurtenancea shall, upon completion, and approval by the <br />Granteea, become he property of Grantee, (City, ?e, <br />zmemm - ) ot ?OsZ,`TLl eO1.m?SrA?b . <br />If the Grantor violates any of the provisions of thia <br />easement, the Granteea, either jointly or separately and at the <br />expense of the Grantor, may enter upon the premises and <br />discontinue water service or make 'uch alterations as are <br />necesaary to brinq the presises into compliance vith the <br />provisions of this easement. <br />Whenever maintenance or work of any kind is perforeKd on <br />the premiaes undor the terma of this easement, th• Grantees, <br />jointly and separately, shall bear no responsibility for <br />restoration of the premises or their environs to their oriqinal <br />topoq=aphical condition. . <br />The Grantor indemnitiea and holds harmless the Grant*es <br />from any and all damaqe, injury or losa to any person or <br />property caused by, related to or reaulting fro• any leaka in <br />the water maia or appurtenance• or the maintenance, <br />conatruction, reconatruction or relocation of said main or <br />appurtenances, other than damaqe, injury or loss caused by, <br />related to or reiulting from th• sole neqlig*ace of the <br />Grantees. The Grantoc further indemnitiea and holds harmlesi <br />the Granteea trom any and all expense incurred and damag• to the <br />water main and appurtenances caused by, related to or tesulting <br />from the Grantor's construction or maintenanc• of any pavinq, <br />walks, switch tracka, tunnels, aewera, ducts, pipes or pole <br />linea within or upon the premis*a or !ro¦ aay other use of the <br />premises by the Grantor. . The Grantor hereby resecves the right to use the premises <br />for the paaaaqe or ttanaportation of perioanel, materials or <br />eQUipment, and to make such other use of the premises.aa is not <br />expreaaly prohibited by or inconsistent with th• tetms of this <br />easement. The Grantoc turther aqrees. that •inct the water main to <br />be instnlled on tht premises ia tor circulation purpoaea onlyt <br />no service connectiona or hydrants shall be connected to it at <br />any time, and that divisional valves of the same size as the <br />water main shall be installed at each :ongitudiaal end of the <br />premises. In the event of leakag• or a bceak in the main, the <br />Division of Water will close the divisional valves and take out <br />-2-