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<br />The Grantors further agree that no additional fill will be made, or a
<br />ramp constructed within the limits of the above described easement for the
<br />purpose of providing access to the property which will increase the depth of
<br />the water main in excess of six (6) feet or to grade the surface within the
<br />limits of said easement which will reduce the depth of the water main to less
<br />than five (5) feet. It is agreed, however, that if in the event the Grantor
<br />herein, his successors, oor assigns desire to build over, encroach upon,
<br />change the grade, or otherwise utilize all or any portion of the easement
<br />granted hereby to permit improvement of property now restricted hereunder, the
<br />Grantees must first approve such use of land within the limits of easement
<br />granted 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 a new
<br />easement of not less than fifty (50) feet in width under the same terms and
<br />conditions as herein provided and bear the entire cost of reconstruction o?
<br />relocation of the water main or appurtenances, in accordance with the pro-
<br />visions, rules, regulations, and requirements of the Grantees, their successors
<br />or assigns. Said reconstructed or relocated water main and appurtenances shall
<br />upon completion and approval of the Grantees, become the property of the City
<br />of North Olmsted.
<br />The Grantors further agree that the Grantees shall be relieved of all
<br />liability to the Grantor on account of the maintenance, construction, recon-
<br />struction, or relocation of said water main or appurtenances, and said Grantor
<br />hereby indemnifies and guarantees to save harmless the Grantees against any
<br />expense oX damage to said water main or appurtenances, that said Grantors,
<br />their successors or assigns may at any time cause by the construction or main-
<br />tenance of any paving, walks, switch tracks, tunnels, sewers, ducts, pipe or
<br />pole lines within or over said easement, or such other use of premises within
<br />the limits of above descxibed easement as are not expressly prohibited herein,
<br />under the same conditions that legally exist for the installations and main-
<br />tenance of water mains and appurtenances in streets dedicated to public use.
<br />The Grantor further agrees to the installation of a hard surface type
<br />driveway at least fifteen (15) feet in width, constructed adjacent to the
<br />water main, with the watex main being located not less than nine (9) feet from
<br />either lateral limit of the easement area. The access driveway shall be either
<br />of concrete composition or of asphalt construction of a type and material in
<br />conformance with the fpllowing specifications.
<br />The Grantor hereby reserves the right to use said premises within the
<br />limits o-f the above described easement for the passage or transportation of
<br />personnel, matexials or equipment over or across the described easement, and
<br />to make such other use of said premises within the limits of the above described
<br />easement as are not herein expressly prohibited by and are not inconsistent
<br />with the rights and easement hereby granted.
<br />TO HAVE AND TO HOLD THE above granted easement, right-of-way, water lines
<br />and appurtenances and further additions installed by Grantor to said water lines
<br />and appurtenanceS in, over, and subject to above described premises, for the
<br />pw;pose above mentioned unto said Grantees forever.
<br />It is the intent of this conveyance that neighter the filing of this deed
<br />or conveyance, its acceptance by the Grantees nor any other circumstance shall
<br />be construed as a dedication of or as an agreement by the Grantees to accept
<br />for dedication the premises herein described for public use as a street.
<br />And the Grantor does for itself, its successors and assigns convenant with the
<br />said Grantees, and its successors and assigns, that at and until the sealing
<br />of these pxesents, it is well seized of the above described premises as a good
<br />and indefeasible estate in FEE SIMPLE and has good right to bargain and grant
<br />the same in manner and forms as above written, and that it will WARRANT AND
<br />DEFEND SAID PREMzSES with the appurtenances thereunto belonging to the Prantees,
<br />their successprs and assigns against all law£ul claims and demands whatsoever
<br />foX the pur,pose herein described.
<br />It.=is agreed that whatever party is named in this instrument there shall be
<br />intended and included, in each case, that party, his or her heirs, administra-
<br />tors, its succhesors, and/or assigns. -
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