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<br />the same conditions that legally exist for the installations and <br />maintenance of water mains and appurtenances in streets dedicated to <br />public use. <br />The Grantor further agrees to the installation of a hard surface <br />type driveway at least fifteen (15) feet in width, constructed adjacent <br />to the water main, with the water main being located not less than five <br />(5) feet from either lateral limit of the easement area, The access <br />driveway shall be either of concrete composition or of asphalt con- <br />struction of a type and material in conformance with the following <br />specifications, <br />State of Ohio Department of Highways Construction grid <br />Material Specifications, Latest Edition <br />The Grantor hereby reserves the right to use said premises <br />within the limits of the above described easement for the passage or <br />transportation of personnel, materials or equipment over or across <br />the described easement, and to make such other use of said premises <br />within the limits of the above described easement as are not herein <br />expressly prohibited by and are not inconsistant with the rights and <br />easement hereby granted, <br />TO HAVE AND TO HOLD THE above granted easement, right-of-way, <br />waterlines and appurtenances and further additions installed by <br />Grantor to said water lines and appurtenances in, over, and subject to <br />above described premises for the purpose above mentioned unto tkie <br />said Grantees forever. <br />It is the intent of the conveyance, its acceptance that neither <br />the filing of this deed or conveyance, its acceptance by the Grantees <br />nor any other circumstance shall be construed as a dedication of or as <br />an~agreement by the Grantees to accept for dedication the premises <br />herein described for public use as a street. <br />And the Grantor does for itself, its successors and assigns <br />covenant with the said Grantees, and its successors and assigns, that <br />at and until the sealing of these presents, it is well seized of <br />the above described premises as a good and indefeasible <br />estate in FEE SIMPLE and has good right to bargain and grant the <br />same in manner and forms as above written, and that it will WARRANT' <br />AND DEF~D SAID PREMISES with the appurtenances thereunto belonging <br />to the Grantees, their successors or assigns against all lawful <br />claims and demands whatsoever for the purpose herein described, <br />It is agreed that whatever party is named in this instrument <br />there shall be intended and included, in each case, that party, <br />his or her heirs, administrators, it successors, and/or assigns. <br />IN WITNESS WHEREOF, the nd rs'gned have hereunto set their <br />hands at ,~ <br />this / da of- <br />y r ~ 9 7~---. <br />Signed in the presence of: <br />~. ~ -. Y- <br />~~~ -r'_ <br />,' <br />Grantor: Columbia Village Apartments <br />~~l~T ~~ ~=z. <br />~-~~'artner <br />/- / ~ / ~ ~ <br />L.._.._... - -- ~ , Partner <br />i` <br />R <br />