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e"~* <br />~~ <br />The Grantors hereby restrict said premises within the limits of <br />the above described easement against the construction thereon of any ;~ <br />buildings of a temporary or permanent type, excepting any sidewalks <br />and/or pavements, or the construction in, over, or subjacent to the <br />above described easement of any tunnels, railroad switc}1 tracks, <br />sewers, ducts, pipes, or pole lines within the limits of the above <br />described easement which cross over or under said easement at any <br />angle more than forty-five (45) degrees with the centerlines of the <br />watermain or with clearance of less than two (2) feet above or below <br />said water main. In the event of a violation of any of the provisions <br />of this easement by the Grantor, or his successors or assigns. the <br />Grantees either jointly or separately, shall retain the right to enter <br />upon the premises of the Grantor and either discontinue water service, <br />or make the necessary alterations to conform to the ordinances, <br />rules and regulations of the Grantees, either jointly or separately. <br />Any expenses involved by reason of the work involved shall be the <br />responsibility of the Grantor. Further, the Grantees, either jointly <br />or separately, shall not be responsible for restoration of the property <br />or its environs to its original topographical condition, and should also <br />be held blameless for any damage accruing by reason of water leakage <br />from water mains or appurtenances. Further, to restrict the storing <br />or placing of any materials, parking of any vehicles of any type, <br />equipment or other obstructions thereon, or otherwise interferring <br />with the access to or the maintenance of the water main or appurt- <br />enances, and also against the planting or sufferance thereon or in <br />such proximity thereto of trees and shrubbery which may restrict the <br />accessibility for the maintenance of said water main and appurtenances. <br />The Grantors further agree that no additional fill will be made, <br />or a ramp constructed within the limits of the above easement for the <br />purpose of providing access to the property which will increase the <br />depth of the water main in excess of six (6) feet or to grade the <br />surface within the limits of said easement which will reduce the depth <br />of the water main to less than five .(5) feet. It is agreed, however, <br />that if in the event the Grantor herein, his successors, or assigns <br />desire to build over, encroach upon, change the grade, or otherwise <br />utilize all or any ~,ortion of the easement granted hereby to permit <br />improvement of property now restricted hereunder, the Grantees must <br />first approve such use of land within the limits of easement granted <br />hereby, the Grantor shall reconstruct or relocate all or any portion <br />of water main affected by such use of land and where necessary, grant <br />a new easement of not less than thirty (30) feet in width under the <br />same terms and conditions as herein provided and bear the entire cost <br />of reconstruction or relocation of the water main or appurtenances, <br />in accordance with the provisions, rules regulations, and require- <br />ments of the Grantees, their successors or assigns. Said reconstruct- <br />ed or relocated water main and appurtenances shall, upon completion <br />and approval of the Grantees, become the property of City of North <br />Olmsted. <br />The Grantors further agree that the Grantees shall be relieved <br />of all liability to the Grantor on account of maintenance, construction, <br />reconstruction or relocation of said water main or appurtenances, and <br />said Grantor hereby indemifies and guarantees to save harmless the <br />Grantees against any expense or damage to said water main or appurt- <br />enances, that said Grantors, their sucessors or assigns may at any time <br />cause by the construction or maintenance of any paving, walks, switch <br />tracks, tunnels, sewers, ducts, pipe or pole lines within or over <br />the easement, or such other use of premises within the limits of above <br />described easement as are not expressly prohibited herein, under <br />~+. <br /> <br />