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<br />. - ~~• said Crant+i~--.
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<br />The Grantor hereby restrict said premises ~~ithin the limits of
<br />the above described easement against the construction tl~er•run of
<br />any buildings of ~ temporary or permanent type, excepting any
<br />__ sidewalks and/or pavement s, or the construction i r,, over, or sub-
<br />' Jaeent to the above described easement of any tunnels, railroad ,
<br />_ s~ritch tracks, •sewerS, ducts, pipes, or pole 1 ines within the 1 imi is
<br />of the above described easement which cross over or under said ••
<br />easement at any angle more than..forty-fiv~ (45) degrees with the
<br />_eenter 1 ines of the water main or with clearance of less than two
<br />t2j 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 i nvol ved sha l i 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 mat-ns or appurtenances. Further, to restrict the storing
<br />- or placing of any materials, parking of any vehicles 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 appurtenance
<br />and, also, against the planting or sufferance thereon or in such
<br />proacimity 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 />xi11 increase the depth of the water main. in .excess of six (6) feet
<br />or to grade the surface within °_t he 1 imi ts_-of_ sa i d easement which wi 1 1
<br />reduce the depth. of _the water ~ mat n-to l ess -than f i ve -{ 5) feet. I t i s
<br />agreed, .however;--that if in-the event-the Grantor he-rein, his successo
<br />of assigns desire to build over, encroach 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 all or any _
<br />porn-on of water main affected by such use, of land. and where necessary
<br />=grant a near-casement_of not les"s than twenty (20) 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 ~•aater main or ~t»urten~~r~ce
<br />in accordance with the provisions, rules, .regulations,- and requirement
<br />_ of the Grantees, the i r successors or assigns. Sa i d reconstructed or
<br />relocated water main and appurtenances shall, upon completion and
<br />approval of the Gran-tees, become the property of ( City, V~i~l~l~,
<br />~dfri4~l~T~3 of North Olmsted ". ~ -
<br />The Grantor further agrees that the` Grantees shat l be relieved
<br />of,,,all 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 to said '
<br />-rater main or appurtenances, that said Grantor, their successors or
<br />assigns may at any time cause by the construction or maintc~nancc~ 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 1 imits of above described easement as ~rre 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 />She Grantor further agrees that since this water main is for
<br />circulation purposes only, no service connections or hydr-ants~sh~ll b~
<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. In the event of .leakage or a break, the Division of
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<br />,.....,x.,..r.~,~~__ ~~... _ _
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