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. ?. <br />approve such uz,_ of land within the limits f ea ement granted <br />hereby, the Grantor shall reconstruct or relocate all or anv <br />portion of the water main. affected by such use of land and where <br />necessary, grant a'new easement of not less than fifty (50) feet <br />in width under the same terms and conditions as herein provided <br />and bear the entire cost of reconstruction or relocation of the <br />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 the City of North Olmsted. <br />The Grantors further agree that the Grantees shall be relieved of <br />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 <br />to save harmless the Grantees.against any expense or damage to sai< <br />water main or appurtenances, that said Grantors, their successors <br />or assigns may at any time cause by the construction or maintenance <br />of any paving, walks, switch tracks, tunnels, sewers, ducts, pipe <br />or pole lines within or over said easement, or such other use of <br />premises within the limits of above descrited easement as are not <br />expressly prohibited herein, under the same conditions that legall} <br />exist for the installation and maintenance of water mains and <br />appurtenances in streets dedicated to public use. <br />The Grantor further agrees to the installation of a hard surface <br />type driveway at least fifteen (15) feet in width, constructed <br />adjacent to the water main, with the water main being located not <br />less than nine (9) feet from either lateral limit of the easement <br />area. The access driveway shall be either of concrete composition <br />or of asphalt construction of a type and material in conformance <br />with the following specifications. <br />The Grantor hereby reserves the right to use said premises within <br />the limits of the above described easement for the passage or. <br />transportation of personnel, materials or equipment over or across <br />the described easement, and to make such other use of said premise <br />within the limits of the above described easement as are not herei <br />expressly prohibited by and are not inconsistent with the rights <br />and easement hereby granted. <br />TO HAVE AND TO HOLD THE above granted easement, right-of-way, wate <br />lines and appurtenances and further-additions installed by Grantor <br />to said water lines and appurtenances in, over, and subject to <br />above described premises, for the purpose above mentioned unto <br />said Grantees forever. <br />It is the intent of this conveyance that-neither the filing of thi <br />deed or conveyance, its acceptance by the Grantees nor any other <br />circumstances shall be construed as a dedication of or as an <br />agreement by the Grantees to accept for dedication the premises <br />herein described for public use as a street. <br />And the Grantor does for itself, its successors and assigns <br />convenant with the said Grantees, and its successors and assigns, <br />that at and until the sealing of these presents, it is well seized <br />of the above described premises as a good and indefeasible estate <br />in FEE SIMPLE and has good rig.ht to bargain and grant the same in <br />manner and forms as above written, and that it will WARRANT AND <br />DEFEND SAID PREMISES with the appurtenances thereunto belonging to <br />the Grantees, their successors and assigns against all lawful <br />claims atid demands whatsoever, for the purpose herein described. <br />It is agreed that whatever party is named in this instrument there <br />shall be intended and included, in each case, that party, his or <br />her heirs, administrator, its successors, and/or assigns. <br />Page 3 of 5