'~.,
<br />i
<br />a
<br />i~
<br />4P
<br />E
<br />connections assigned to them by the City of Cleveland upon pre-
<br />sentation of officially designated street mailing addresses on the..
<br />street or thoroughfare on which their premises abut. All meters
<br />shall be furnished by the City of Cleveland and paid for and set
<br />at the expense of said Grantor, its successors or assigns, and ally
<br />water shall be supplied by the City of Cleveland, its successors
<br />or assigns in the same manner and to the same extent that crater is
<br />supplied to the owners and occupants of premises abutting on pub-
<br />lic streets and highways in the City of Cleveland.
<br />The Grantors hereby restrict said premises within the limits'
<br />of the above described easement against the construction thereon
<br />of any buildings of a temporary or permanent type, excepting any
<br />sidewalks and/or pavements, or the construction in, 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
<br />limits of the above described easement which cross over or under
<br />said easement at any angle more than forty-five (~15) degrees with
<br />the center lines of the water main or with clearance of less than
<br />two (2) feet above or below said water main. In the event of a
<br />violation of any of the provisions of this easement by the Grantor',
<br />or his successors or assigns, the Grantees either jointly or sep -
<br />arately shall retain the right to enter upon the premises of the
<br />Grantor and either discontinue the water service, or make the
<br />necessary alterations to conform to the ordinances, rules and
<br />regulations of the Grantees, either jointly or separately. l~~r
<br />expenses involved by reason of the work involved shall be the re- ".
<br />sponsibility of the Grantor.
<br />Further to restrict the storing or placing of any materials,
<br />parking of any vehicles of any type, equipment or other obstruc-
<br />tions thereon, or otherwise interferring with the access to or the
<br />maintenance of the water main or appurtenances, and also against
<br />the planting or sufferanca thereon or in such proximity thereto_
<br />of trees and shrubbery which may restrict the accessibility for the
<br />maintenance of said water main and appurtenances.
<br />The Grantors further agree that no additional fill will be
<br />made, or a ramp constructed within the limits of the above des-
<br />cribed easement for the purpose of providing access to the property
<br />which will increase the depth of the water main in excess of six
<br />(6) feet or to grade the surface within the limits of said easement
<br />which will reduce the depth of the water main to less than five
<br />(5) feet. It is agreed, however, that if in th.e event the Grantor
<br />herein, his successors, or assigns desire to build over, encroach ,
<br />upon, change the grade, or otherwise utilize all or any portion
<br />of the easement granted hereby to permit improvement of property
<br />now restricted hereunder, the Grantees must first approve such use'
<br />of land within the limits of easement of not less than thirty (30)
<br />feet in width under the same terms and conditions as herein pro-
<br />vided and bear the entire cost of reconstruction or relocation of
<br />the water main or appurtenances, in accordance with the provisions,
<br />rules, regulations, and requirements of the Grantees, their suc-
<br />cessors or assigns. Said reconstructed or relocated water main
<br />and appurtenances shall, upon completion and approval of the
<br />Grantees, become the property of City of North Olmsted.
<br />The Grantors further agree that the Grantees shall be re-
<br />lieved of all liability to the Grantor on account of the mainten-
<br />ance, construction, reconstruction, or relocation of said water
<br />main or appurtenances, and said Grantor hereby indemnifies and
<br />guarantees to save harmless the Grantees against any expense
<br />-2-
<br />~, ,. „~ , ~ m ~. ,~ ~,, ~ .x aA. ~ ~;.~, ., ,
<br />
|