92-157 Ordinance - Laserfiche WebLink

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.' The Grantors agree to construct a haru surface driveway, of at least fifteen (15) feet in width, adjacent to the water main. The access driveway shall be constructed of concrete or asphalt and shall conform to ODOT 1991 Specifications. If the Grantors desire to alter the premises in any way other than is expressly permitted herein, they must obtain the prior written approval of the Grantees. Upon receipt of such approval, the Grantors shall at their own expense relocate or reconstruct all or any portion of the water main and appurtenances which are affected by such alteration and, where necessary, grant a new easement of not less than fifty (50) feet in width under the same terms and conditions as herein provided. The relocated or reconstructed water main and appurtenances shall, upon completion, and approval by the Grantees, become the property of Grantee, City of North Olmsted. If the Grantors violate any of the provisions of this easement, the Grantees, either jointly or separately and at the expense of the Grantors, may enter upon the premises and dis- continue water service or make such alterations as are neces- sary to bring the premises into compliance with the provisions of this easement. Whenever maintenance or work of any kind is performed on the premises under the terms of this easement, the Grantees, jointly and separately, shall bear no responsibility for restoration of the premises or their environs to their original topographical condition. The Grantors indemnify and hold harmless the Grantees from any and all damage, injury or loss to any person or property caused by, related to or resulting from any leaks in the water main or appurtenances or the maintenance, construction, reconstruction or relocation of said main or appurtenances, other than damage, injury or loss caused by, related to or resulting from the sole negligence of the Grantees. The Grantors further indemnify and hold harmless the Grantees from any and all expense incurred and damage to the water main and appurtenances caused by, related to or resulting from the Grantors construction or maintenance of any paving, walks, switch tracks, tunnels, sewers, ducts, pipes or pole lines within or upon the premises or from any other use of the premises by the Grantors. The Grantors hereby reserve the right to use the premises for the passage or transportation of personnel, materials or equipment, and to make such other use of the premises as is not expressly prohibited by or inconsistent with the terms of this easement. The Grantors and the Grantees mutually agree that neither the recording of this instrument nor its acceptance by the Grantees shall be construed as a dedication of the premises or an agreement by the Grantees to accept the premises for dedi- cation for public use as a street. The Grantors covenant with the Grantees that it is well seized of the premises as a good and indefeasible estate in fee simple and has the right to grant and convey the premises in the manner and form above written. The Grantors further cove- nant that they will warrant and defend the premises with the appurtenances thereunto belonging to the Grantees against all lawful claims and demands whatsoever for the purposes described herein. TO HAVE AND TO HOLD the above granted easement, right of way, water lines, appurtenances and additions installed by the Grantors, for the purposes above mentioned, unto the Grantees forever. IN WITNESS WHER OF, the undersigned have hereunto set their hands at f1 this a314.- day o f /V?. 19 ?. Signed in the Presence of: GRANTORS: c ? r r ? ? ? -?