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.. .. <br />- ,~r+r~'~"~"~'~1~1!'~lN~?/''"`~1uG+listil~l'V1-~d'r:!'~~lM'C`;•!'~iii+~~"~:•.s=.~-!~;,•al+v~.~.r^'+~r..~:~ ~~. ~" <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 <br />,~ <br />-2- <br /> <br />