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,. ? <br />? <br />The Grantor further, in consideration of the acceptance of the <br />easement above mentioned, by the Grantees, does hereby agree to <br />pay the ent,ire cost of installing a water main and appurtenances <br />within the above described easement, constructed in accordance <br />with the provisions, rules, regulations, and requirements of the <br />said Grantees, their successors or assigns. Said water mains, <br />valves, hydrants, and appurtenances shall upon completion and <br />approval by the Grantees, their successors or assigns, become <br />the property of the Grantee, City of North Olmsted, its successor <br />or assigns. Said water main and appurtenances installed by the <br />Grantor shall remain the property of the Grantee. City of North <br />Olmsted, and shall be a distribution water main of said Grantee <br />within the purview and subject to the terms of any Water Service <br />Agreement between said Grantee and the City of Cleveland now or <br />hereafter in effect. It is agreed that all service connections <br />shall be installed at the expense of the owners of abutting <br />premises or others seeking water service thereby, in accordance <br />with the ordinances, rules and regulations of said Grantees, thei <br />successors or assigns and shall have connections assigned to them <br />by the City of Cleveland upon presentation of officially designat <br />ed street mailing addresses on the street or thoroughfare on whic <br />their premises abut. Al1 meters shall be furnished by the City <br />of Cleveland and paid for and set at the expense of said Grantor, <br />its successors or assigns, and all water shall be supplied by the <br />City of Cleveland, its successors or assigns in the same manner <br />and to the same extent that water is supplied to the owners and <br />occupants of premises abutting on public streets and highways <br />in the City of Cleveland. <br />The Grantors hereby restrict said premises within 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 in, over, or <br />subjacent to the above described easement of any tunnels, rail- <br />road switch tracks, sewers, ducts, pipes, or pole lines within <br />the limits of the above described easement which cross over or <br />under said easement at any angle more than forty-five (45) degree <br />with the centerlines of the water main or with clearance of less <br />than two (2) feet above or below said water main. In the event <br />of a violation of any of the provisions of this easement by the <br />Grantor, or his successors or assigns, the Grantees either <br />jointly or separately shall retain the right to enter upon the <br />premises of the Grantor and either discontinue the water service, <br />or make the necessary alterations to conform to the ordinances, <br />rules and regulations of the Grantees, either jointly or <br />separately. Any expenses involved by reason of the work involved' <br />shall be the responsibility of the Grantor. Further, the <br />Grantees, either jointly or separately, shall not be responsible <br />for restoration of the property or its environs to its original <br />topographical condition, and should also be held blameless for <br />any damage accrued by reason of water leakage from water mains or <br />appurtenances. Further, to restrict the storing'or placing of <br />any permanent materials, equipment or other obstructions thereon, <br />or otherwise interferring with the access to or the maintenance <br />of the water main or appurtenances, and also against the planting <br />or sufferance thereon or in such proximity thereto of trees and <br />shrubbery which may restrict the accessibility for the maintenanc <br />of said water main and appurtenances. <br />The Grantors further agree that no additional fill will be made, <br />a ramp constructed witliin the limits of the above described ease- <br />ment for the purpose of providing access to the property which <br />will increase the depth of the water main in excess of six (6) <br />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 the event the <br />Grantor herein, his successors, or assigns desire to build over <br />encroach upon, change the grade, or otherwise utilize all or any <br />portion of the easement granted hereby to permit improvement of ' <br />property now restricted hereunder, the Grantees must first <br />Page 2 of 5