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<br />said Grantee. ~ •
<br />The Grantor hereby restrict said premises t~~ithin the limits of
<br />the above described easement against tl~e construct iun tl~e--c~un of
<br />any buildings of a temporary or permanent tyRe, excepting any
<br />___ sidewalks and/or pavements, or the construction ir,, over, or sub- '
<br />Jacent to 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..forty-five (45) degrees with the
<br />_eenter lines of the water main or with clearance of less than two
<br />(2) feet above or 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 />shall 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, either jointly or separately,
<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 blameless for any damage accruing by reason of water leakage
<br />- from water mains or appurtenances. Further, to restrict the storing
<br />or placing of any materials, parking of any vek~icles of any type,
<br />equipment or other obstructions thereon, or otherwise interferring
<br />with the access to or the maintenance of the water main 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 />. accessibility for the maintenance of said water main and appurtenances..
<br />The Grantor further agree that no additional fill will be made,
<br />or a ramp constructed 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 tl~e water ma i n to less than f i ve ( 5) feet. I t i s
<br />agreed, however, that if in the event the Grantor herein, his successors
<br />or assigns desire to build over, encroach upon, change the Jrade, 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 shall reconstruct or relocate all or any .
<br />porti-on of water main affected by such use of land and where necessary,
<br />.grant a ne~v_-easement_of not less than twenty (20) feet in width under
<br />the same terms and conditions as herein provided and bear the en+ire
<br />cost of reconstruction or relocation of the ~•~ater main or a~~purten~-~r~ces,
<br />in accordance with the provisions, rules, regulations, and requircn;ents
<br />of the Grantees, their successors or assigns. Said reconstructed or
<br />relocated ~•:ater main and appurtenances shill, upon completion and
<br />approval of the Grantees, become the property of (City,Vxi~l~t~.
<br />Tc~~~T~ of North Olmsted ~ ~ _~ .~
<br />The Grantor further agrees that the`Grantees shall be relieved
<br />ofyall liability 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 Grantee s, against any expense or damage t~ 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 ~~re not
<br />expressly prohibited herein, under the same conditions that legally
<br />exist for. the installations and maintenance of water mains and
<br />- appurtenances in streets dedicatee to public use.
<br />The Grantor further agrees that since this water main is for
<br />circulation purposes only, no service connections or hydrants shill be
<br />taken off it at any time and that divisional valves of tt~e same size
<br />of the water ma 1 n sha 1 1 be i nsta 1 1 ed at • each 1 ong i tud i na 1 end of tl~e
<br />easement area. In the event of leakage, or a break, the Division of
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