t
<br />The Grantor hereby reatricts the premiaes aqainst the
<br />conatruction Ehereon of any temporary or permanent structures,
<br />except that Grantor may inatall or cauae to b• inatalled '
<br />aideralks or pavem*nta, or tunnels, railroad awitch tracks,
<br />aewers, ducta, pipes or pole lines whicb croas over or under the
<br />premitea at an angle of not 1lsS than torty-tive (45) deqrees
<br />with the center lint of the water main, or whicb clear the water
<br />main by not lesa thaa one and one-half (1-1/2) teet above or one
<br />and one-half (1-I/2) feet belor+.
<br />The Grantor agrees to keep the premises lree of
<br />materiala, equipment, vehicles, trees, shrubbery, and any other
<br />obstructions which would interfete with Granteea' accesa to or
<br />maintenance of water mains and appurtenances. Grantor further
<br />agreea to make no alterations to the premises which would
<br />increaae the depth of the water main to more than six (6) feet
<br />or reduce ita depth to lesa than tiv• (S) Leet.
<br />If the Grantor deaires to alter the premiaes ia any way
<br />other than is expreaaly permitted herein, he suat obtain th•
<br />prior written approval of tht Grantees. Upon receipt of such
<br />approval, the Grantor shall at hia own expense relocatt or
<br />reconatruct all or any portion of the water main and .
<br />appurtenances which are aftected by such alteration and, wber•
<br />necesaary, qrant a new eaaement of not less than thirtp (30)
<br />feet in width under the same terms and conditions aa htrein
<br />provided. The relocated or reconstructed water sain and •
<br />appurtenancea ahall, upon completion, and approval by the
<br />Grantees, become the property of Grantee, (City, Wlaiqge,
<br />T3QtWX40 o f North 07msted .
<br />If the Grantor violates any of the provisions of this
<br />easement, the Grantees, either jointly or separately and at the
<br />expense of the Grantor, may enter upon the premises and
<br />discontinue water aervic• or make sueh alterations aa are
<br />necesaary to bring the premises into complianc• with th•
<br />provisions of this eassment.
<br />Whenevtr saintenance or work of any kind is perfornKd on
<br />the premiaea under the terma of this easoment, the Grantees,
<br />jointly and s*parately, shall bear no sesponaibility tor ,
<br />restoration of the premises or thei= environs to their oriqinal
<br />topoqraphical condition. ,
<br />Tht Grantor indemnifies and holds harmleas the Cranteea
<br />fro• any and all damaqe, injury or loas to any pfrson or
<br />property caus*d by, related to or resultinq fro• any leaks in
<br />the water main or appurtenaacea or th• maintenance,
<br />conatruction, reconatruction or relocation of aaid ieain or
<br />appurtenancea, other than damaqe, injury or loss caused by,
<br />related to or r*sultinq from th• aol• n*gliq*ac• of th•
<br />Grantees. The Grantor turther indemnitiea and holds harmleea
<br />the Grantees ftom any and all expens• incurred and damsg• to the
<br />water main and appurtenances caused by, related to or resulting
<br />from the Grantor's construction or maintenanet of any pavinq,
<br />walks, aWitch tracka, tunnels, aovera, ducts, pipes or pole
<br />lines aithin or upon the premisea or !ro• any other use of the
<br />ptemises by.the Grantor. . '
<br />The Grantot hereby reaerves the right to use the p=emiaes
<br />for the paaaaqe or transportation of personnel, materials or
<br />eauipment, and to mak• such other use of the premiaes.aa is not
<br />expreaaly prohibited by or inconsistent vith the terms of this
<br />eaaement. .
<br />The Grantor turther aqrees. that tiact the water main to
<br />be installed on the premiaes ia !or circulation purpoaea onlyr
<br />no service connections or hydrants shall be connected to it at
<br />any time, and that diviaional valves of the same aize as the
<br />water main shall be installed at each 3onqitudinal end of the
<br />premisea. In the event of leakaqe or a break in the main, the
<br />Division of water vill close the divisional valves and take out
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