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<br />~., ~ d Grantee. •
<br />The Grantor hereby restrict said premises vrithin the limits of
<br />the above described easement against the construction thereon of
<br />any buildings of a temporary or permanent type, excepting any
<br />__ sidewalks and/or pavements, or the construction ire, over, or sub- `
<br />' ~aeent fo the above described easement of any tunnels, railroad
<br />switch tracks,-sewerS, ducts, pipes, or pole lines within the limits
<br />. of the above described easement which cross over or under said
<br />easement at any angle more than 4forty-five (45) degrees with the
<br />.center lines of the water main or with clearance of less than two
<br />~2j feet above br below said water main. In the event of a violation
<br />of any of the provisions of this easement by the Grantor or his
<br />successors or assigns, the Grantees either jointly or separately,
<br />shalt retain the right to enter upon the premises of the Grantor
<br />and either discontinue the water service, or make the necessary
<br />alterations to conform to the ordinances, rules and regulations of
<br />the Grantees, either jointly or separately. Any expense involved
<br />by reason of the work involved shall be the responsibility of the
<br />Grantor. Further, the Grantees, e i ther joi ntl y or separate 1 y,
<br />shall not be responsible for restoration of the property or its
<br />environs to its original topographical condition, and should also
<br />be held blaaneless for any damage accruing by reason of water leakage
<br />- f ran water mains or appurtenances. Further, to restrict the storing
<br />or placing of any materials, parking of any vehicles of any type,
<br />equipment o~~ other obstructions thereon, or otherwise interferring
<br />with the access to or the maintenance of the water ma i n or appurtenances
<br />and, also, against the planting or sufferance thereon or in such
<br />proximity thereto of trees and shrubbery which may restrict the
<br />access i b i 1 i ty for the maintenance of sa i d wa to r ma i n and appurtenances.
<br />• The Grantor further agree that no additional fill will be made,
<br />or a ramp.canstructed within the limits of the above described
<br />easement for the purpose of providing access to the property which
<br />will increase the depth of the water main in excess of six (6) feet
<br />or to grade the surface within the .limits of said easement which will
<br />reduce the depth of the water main to less than five (5) feet. It is
<br />agreed, however, that if in the event the Grantor herein, his successors
<br />ar assigns desire to build over, a^croach upon, change the grade, or
<br />otherwise utilize all or any portion of the easement granted hereby to
<br />permit improvement of property now restricted hereunder, the Grantees
<br />must first approve such use of land within the limits of easement
<br />__- -granted hereby -the Grantor shat l reconstruct or relocate al 1 or any
<br />portion of water main affected by such use of land-and where necessary,
<br />=grant a new-easement_of not less than thirty (30) feet in width under
<br />the same terms and conditions as herein provided and bear the entire
<br />cost of reconstruction or relocation of the water main or appurtenances,
<br />in accordance with the provisions, rules, regulations, and requirements
<br />of the Grantees, their success-ors or assigns. Said reconstructed o~
<br />relocated water main and appurtenances shall, upon comoletion and
<br />approval of the Grantees, become the property of ( C i ty, 1~izk1,
<br />~TsoaCOaho~ of North Olmsted
<br />The Grantor further agrees that the Grantees shat 1 be relieved
<br />of,~ali•iiability to the Grantor on account of the maintenance,
<br />construction, reconstruction, or relocation of said water main or
<br />appurtenances, and said Grantor hereby indemnifies and guarantees to
<br />save harmless the Grantees against any expense or damage to said
<br />water main or appurtenances, that said Grantor, their successors or
<br />assigns may at any time cause by the construction or maintenance of
<br />any paving, walks, switch tracks, tunnels, sewers, ducts, pipe or
<br />pole lines within or over said easement, or such other use of
<br />premises within the limits of above described easement as are not
<br />expressly prohibited herein, under the same conditions that legally
<br />exist for.ihe installations and maintenance of water mains and
<br />appurtenances in streets dedicatee to public use.
<br />The Grantor further agrees that s i nee thi s water ma i n t s for
<br />elrculation purposes only, no service connections or hydrants~sh~ll be
<br />taken off it at any time and that divisional valves of the same size
<br />of the water main shall be installed at•each longitudinal end of the
<br />easement area. 1n the event of leakage or a break, the Division' of
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