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v? ?... <br />? <br />In consideration of the mutual covenants herein contained, the Grantor <br />hereby gives, grants and conveys unto said Grantees, the right and easement <br />to enter upon said premises and to lay, install, repair, and maintain therein <br />a water main and appurtenances, including the installing and maintaining of <br />service connections and pipes, setting and maintaining all water meters and <br />the making of all repairs to mains, service meters, and all appurtenances <br />connected therewith that in the opinion of the Grantees, their successors <br />or assigns, may be necessary at any time, also to turn off the water of any <br />service or main, or to do any other thing that may be necessary or advisable <br />in the judgment of said Grantees, their successors or assigns, in order to <br />maintain or operate said main, meters, connections, pipes and appurtenances <br />in accordance with the ordinances, rules, and regulations for the management <br />and protection of said Grantees now in force or that may hereafter be adopted. <br />Further, whenever maintenance or work of any kind is required hereunder, J:he <br />Grantees, either jointly or separately, shall not be responsible for restora- <br />tion of the property or its environs to its original topographical condition, <br />and should also be held blameless for any damage occurring by reason of water <br />leakage from water mains or appurtenances. <br />The Grantor further, in consideration of the acceptance of the easement <br />above mentioned, by the Grantees, does hereby agree to pay the entire cost of <br />installing a water main and appurtenances within the above described easement, <br />constructed in accordance with the provisions, rules, regulations, and re- <br />quirements of the said Grantees, their successors or assigns. Said water main, <br />valves, hydrants, and appurtenances shall upon completion and approval by the <br />Grantees, their successors or assigns, become the property of the Grantee The <br />City of North Olmsted its successors or assigns. Said water main and appur- <br />tenances installed by the Grantor shall remain the property of the Grantee <br />the City of North Olmsted and shall be a distribution water main of said <br />Grantee within the purview and subject to the terms of any Water Service Agree- <br />ment between said Grantee and the City of Cleveland now or hereafter in <br />effect. It is agreed that all service connections shall be installed at the <br />expense of the owners of abutting premises, or others seeking water service <br />thereby, in accordance with the ordinances, rules and regulations of said <br />Grantees their successors or assigns, and shall have connections assigned to <br />them by the City of Cleveland upon presentation of officially designated street <br />mailing addresses on the street or thoroughfare on which their premises abut. <br />All meters shall be furnished by the City of Cleveland, and paid for and set <br />at the expense of said Grantor, its successors or assigns, and all water shall <br />be supplied by the City of Cleveland, its successors or assigns in the same <br />manner and to the same extent that water is supplied to the owners and occu- <br />pants of premises abutting on public streets and highways in the City of <br />Cleveland. <br />The Grantors hereby restrict said premises within the limits of the above <br />described easement against the construction thereon of any buildings of a tem- <br />porary or permanent type, excepting any sidewalks and/or pavements, or the <br />construction in, over or subjacent to the above described easement of any <br />tunnels, railroad switch tracks, sewers, ducts, pipes or pole lines within the <br />limits of the above described easement which cross over or under said easement <br />at any angle more than forty-five (45) degrees with the center lines of the <br />water main or with clearance of less than two (2) feet above or below said <br />water main. In the event of a violation of any of the provisions of this ease- <br />ment by the Grantor, or his successors or assigns, the Grantees either jointly <br />or separately, shall retain the right to enter upon the premises of the Grantor <br />and either discontinue the water service, or make the necessary alterations to <br />conform to the ordinances, rules and regulations of the Grantees, either <br />jointly or separately. Any expenses involved by reason of the work involved <br />shall be the responsibility of the Grantor. Further, the Grantees, either <br />jointly or separately, shall not be responsible for restoration of the prop- <br />erty or its environs or its original topographical condition, and should also <br />be held blameless for any damage occurring by reason of water leakage from water <br />mains or appurtenances. Furtherto restrict the storing or placing of any <br />materials, parking of any vehicles of any type, equipment or other obstructions <br />thereon, or otherwise interferring with the access to or the maintenance of <br />the water main or appurtenances, and also acainst the planting or sufferance <br />thereon or in such proximity thereto of trees and shrubbery which may restrict <br />the accessibility fox the maintenance of said water main and appurtenances. <br />-2 -