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<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 require-
<br />ments of the said Grantee, their successors or assigns. Said water main,
<br />valves, and appurtenances shall upon completion and approval by the Grantees,
<br />their successors or assigns, become the property of the Grantee the City of
<br />North Olmsted, its successors or assigns. Said water main and appurtenances
<br />installed by the Grantor shall remain the property of the Grantee the City of
<br />North Olmsted and shall be a distribution water main of said Grantee.
<br />The Grantor hereby restricts said premises with 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
<br />the limits of the above described easement which cross over or under said
<br />easement at any angle more than forty-five (45) degrees with the center
<br />lines of the water main or with clearance of less than two (2) feet above or
<br />below 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 Grantees
<br />either jointly or separately, shall retain the right to enter upon the pre-
<br />mises of the Grantor and either discontinue the water service, or make the
<br />necessary alterations to conform to the ordinances, rules and regulations of
<br />the Grantees, either jointly or separately. Any expense involved by reason
<br />of the work involved shall be the responsibility of the Grantor. Further,
<br />the Grantees, either jointly or separately, shall not be responsible for res-
<br />toration of the property or its environs to its original topographical con-
<br />dition, and should also be held blameless for any damage accruing by reason
<br />of water leakage from water mains or appurtenances. Further, to restrict the
<br />storing or placing of any materials, parking of any vehicles of any type,
<br />equipment or other obstructions thereon, or otherwise interferring with the
<br />access to or the maintenance of the water main or appurtenances and, also,
<br />against the planting or sufferance thereon or in such proximity thereto of
<br />trees and shrubbery which may restrict the aceessibility for the maintenance
<br />of said water main and appurtenances.
<br />The Grantor further agrees that no additional fill will be made, or a
<br />ram,p constructed within the limits of the above described easement for the
<br />purpose of providing.access to the property which will increase the depth
<br />of the water main in excess of six C6) feet or to grade the surface within
<br />the limits of said easement which will reduce the depth.of the water main
<br />to less than five (5) #'eet. It is agreed, however, that if in the event
<br />the Grantor herein, his successors or assigns desire to build over, encroach
<br />upon, change the grade, or otherwise utilize all or any portion of the
<br />easement granted hereby to permit improvement of property now restricted
<br />hereunder, the Grantees must first approve sucli use of land within the limits
<br />of easement granted hereby the Grantor shall reconstruct or relocate all or
<br />any portion of water main affected by such use of land and where necessary,
<br />grant a new easement of not less than thrity (30) feet in width under the
<br />same terms and conditions as herein provided and bear the entire cost of
<br />reconstruction or relocation of the water main or appurtenances, in accor-
<br />dance with the provisions, Yules, regulations, and requirements of the
<br />Grantees, their successors or assigns. Said reconstructed or relocated
<br />water main-and appurtenances shall, upon completion and approval of the
<br />Grantees, become the property of the City of North Olmsted.
<br />The Grantor further agrees that the Grantees shall be relieved of
<br />all liability to the Grantor on account of,the maintenance, construction,
<br />reconstruction, or relocation of said water main or appurtenances, and
<br />said Grantor hereby indemnifies and guarantees to save harmless the Grantees
<br />against any expense or damage to said water main or appurtenances, that said
<br />Grantor, their successors or assigns may at any time cause by the construc-
<br />tion or maintenance of any paving, walks, switch tracks, tunnels, sewers,
<br />ducts, pi,pe or pole lines within or over said easement, or such other use
<br />of premises within the limits of above described easement as are not ex-
<br />pressly prohibited herein, under the same conditions that legally exist
<br />for the installations and maintenance of vaater mains and appurtenances in
<br />streets dedicated to public use.
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