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<br />~~. 94-0959b PAGE 7
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<br />appurtenances, including valves and hydrants, shall upon
<br />completion, and approval by the Grantees, become and remain
<br />the property of the Grantee (City, .
<br />of• North Olmsted '
<br />water ma n of sa Grantee w thinnthehall be a distribution
<br />terms of any Watac Service Agreement betweenwsaid Grantee andthe
<br />Grantee, City of Cleveland, now or hereafter in effect.
<br />All service connections shall be installed in accordance
<br />with the ordinances, rules and regulations of the Grantees at
<br />the expense of owners of abutting property or others who seek
<br />water service thereby. Service connections shall be assigned to
<br />specific street mailing addresses by Grantee, City of Cleveland,
<br />when said Grantee receives the official designation of such
<br />addresses from Grantee, (City, ~
<br />of North Olms#pd
<br />All water meters shall be furnished and set by Grantee,
<br />city of Cleveland, at the expense of the Grantor. All water
<br />shall be supplied by Grantee, City of Cleveland, in the same
<br />manner and to the same extent that said Grantee supplies water
<br />to properties abutting on public streets in the City of
<br />Cleveland.
<br />The Grantor hereby restricts the premises against the
<br />construction thereon of any temporary or permanent structures,
<br />except that Grantor may install or cause to be installed
<br />sidewalks or pavements, or tunnels, railroad switch tracks,
<br />sewers, ducts, pipes or pole lines which cross over or under the
<br />premises at an angle of not less than forty-five (45) degrees
<br />with the center line of the water main, or which clear the water
<br />main by not leas than one and one-half (1-1/2) feet above or one
<br />and one-half (1-1/2) feet below.
<br />The Grantor agrees to keep the premises free of
<br />materials, equipment, vehicles, trees, shrubbery, and any other
<br />obstructions which would interfere with Grantees' access to oc
<br />maintenance of. water mains and appurtenances. Grantor further
<br />agrees to make no alterations to the premises which would
<br />increase the depth of the water main to mote than six (6) feet
<br />or reduce its depth to less than five (5) feet.
<br />The Grantor agrees to construct a hard surface driveway,
<br />of at least fifteen tl5) feet in width, adjacent to the water
<br />main. The access driveway shall be conatructed.of~,~oncrete or
<br />asphalt and shall conform to O.D.O.T. 1985 apaci'f~~ations.
<br />if the Grantor desires to alter the premises in any way
<br />other than is expressly permitted herein, he must obtain the
<br />prior written approval of the Grantees. dpon receipt of such
<br />approval, the Grantor shall at his own expense relocate or
<br />reconstruct all or any portion of the water main and •
<br />appurtenances which are affected by such alteration and, where
<br />necessary, grant a new easement of not less than fifty (50) feet
<br />in width under the same terms and conditions'as herein
<br />provided. The relocated or reconstructed water main•and
<br />appurtenances shell, ~u~pn corn lc~.±r_~t1 •M~ .~~.,.,.•.4~. ti.. the
<br />Grantees, become the property of Grantee,'(City, •' •
<br />of~ _North Olmc_ted
<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 service or make such alterations ~~ are
<br />necessary to bring the premises into compliance with the
<br />provisions of Ch is easement.
<br />Whenever maintenance or work of any kind is performed on
<br />the premises under the terms of this easement, the Grantees,
<br />jointly and separately, shall bear no responsibility for
<br />restoration of the premises or their environs to their original
<br />topographical condition. '
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