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<br />Thenee, North 89° 55' 15" East along the Southerly line of Brookpark
<br />Road 381.31 feet;
<br />Thence, South 89° 32' 36" East along the Southerly line of Brookpark
<br />Road 1,319.63 feet to the principal place of beginning. Subject to all
<br />legal highways and easements.
<br />In consideration of the mutual covenants herein contained, the Grantor
<br />hereby gives, grants and conveys unto said Grantees, the right and easement
<br />to enter upon said premises and to lay, install, repair, and maintain therein
<br />a water main and appurtenances, including the installing and maintaining of
<br />service connections and pipes, setting and maintaining all water meters and
<br />the making of all repairs to mains, service meters, and all appurtenances
<br />connected therewith that in the opinion of the Grantees, their successors
<br />or assigns, may be necessary at any time, also to turn off the water of any
<br />service or main, or to do any other thing that may be necessary or advisable
<br />in the judgement of said Grantees, their successors or assigns, in order to
<br />maintain or operate said main, meters, connections, pipes and appurtenances
<br />in accordance with the ordinances, rules, and regulations for the management
<br />and protection of said Grantees now in force or that may hereafter be adopted.
<br />Further, whenever maintenance or work of any kind is required hereunder, the
<br />Grantees, either jointly or separately, shall not be responsible for
<br />restoration of the property or its environs to iis original topographical
<br />condition, and should also be held blameless for any damage occurring by
<br />reason of water leakage from water mains or appurtenances.
<br />T.iae Grantor further, in coneideration of the acceptance of the easement
<br />above mentioned, by the Grantees, does hereby agree to pay the entire cost
<br />of installing a water main and appurtenances within the above described
<br />easement, constructed in accordance with the provisions, rules, regulations,
<br />and requirements of the said Grantees, their successors or assigns. Said
<br />water main, valves, hydrants, and appurtenances shall upon completion and
<br />approval by the Graztees, their successors and assigns, become the property
<br />of the Grantee City of North Olmsted its successors or assigns. Said water
<br />main and appurtenances installed by the Grantor shall remain the property
<br />of the Grantee City of North Olmsted and shall be a distrubution water main :
<br />of said Grantee within the purview and subject to the terms of any Water
<br />Service Agreement between said Grantee and the City of Cleveland now or
<br />hereafter in effect. It is agreed that all service connections shall be
<br />installed at the expense of the owners of abutting premises, or others
<br />seeking water service thereby, in accordance with the ordinances, rules and
<br />regulations of said Grantees their successors or assigns, and shall have
<br />connections assigned to them by the City of Cleveland upon presentation of
<br />officially designated street mailing addresses on the street or thoroughfare
<br />on whieh their premises abut. All meters shall be furnished by the City of
<br />Cleveland, and paid for and set at the exepnse of said Grantor, its successors
<br />or assigns, and all water shall be supplied by the City of Cleveland, its
<br />successors or assigns, in the same manner and to the same extent that water
<br />is supplied to the owners and occupants of premises abutting on public streets
<br />and highways in the City of Cleveland.
<br />The Grantors hereby restrict said premises within the limits of the
<br />above described easement agsinst construction thereon of any buildings of a
<br />temporary or permanent type, excepting any sidewalks and/or pavements, or
<br />the construction in, over or subjacent to the above described easement of any
<br />tunnels, railroad switch tracks, sewers, ducts, pipes or pole lines within
<br />the limits of the above described easement which eross over or under said
<br />easement at any angle more than forty-five (45) degrees with the center lines
<br />of the water main or with clearance of less than two (2) feet above or below
<br />said water main. In the event of a violation of any of the proviision of
<br />this easement by the Grantor, or his successors or assigns, the Grantees
<br />2.
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