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<br />either jointly or separately, shall retain the right to enter upon the
<br />premises of the Grantor and either discontinue the water service, or make
<br />the necessary alterations to conform to the ordinances, rules and regulations
<br />of the Grantees, either jointly or separately. Any expenses involved by
<br />reason of the work involved shall be the reaponsibility of the Grantor.
<br />Further, the Grantees, either jointly or separately, shall not be responsible
<br />for restoration of the property or its environs to its 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. Further to
<br />restrict the storing or placing of any materials, parking of any vehicles
<br />of any type, equipment or other obstruction thereon, or otherwise interferrin
<br />with the access to or the maintenance of the water main or appurtenances,
<br />and also against the planting or sufferance thereon or in sueh proximity
<br />thereto of treess and shrubbery which may restrict the accessibility for the
<br />maintenances of said water main and appurtenances.
<br />The Grantors further agree that no additional fill will be made, or a
<br />ramp constructed within the limits of the above described easement for the
<br />purpose of providing access to the property which will increase the depth of
<br />the water main in excess of six (6) feet or to grade the surface within the
<br />limits of said easement which will reduce the depth of the water main to less
<br />than five (5) feet, It is agreed, however, that if in the event the Grantor
<br />herein, his successors, or assigns desire to build over, encroach upon,
<br />change the grade, or-b other-wise utilize all or any portion of the easement
<br />granted hereby to permit improvement of property now restricted hereunder,
<br />the Grantees must first approve such use of land within the 7_imits of
<br />easement granted hereby, The Qrantor shall reconstruct or relocate all or
<br />any pp'rtion of water main affected by such use of land and where necessary,
<br />grant a new easement of not less than fifty, (50) feet in-width under the
<br />same terms and conditions as herein provided and bear the entire cost of
<br />reconstruction or relocation of the water main or appurtenances, in accordance
<br />with the provisians, rules, regulations and requirements of the Grantees,
<br />their successors or assigns. Said reconstructed or relocated water main
<br />and appurtenances hhall, upon completion and approval of the Grantees,
<br />become the property of City of RTorth Olmsted.
<br />The Grantors further agree that the Grantees shall be relieved of all
<br />liability to the Grantor on accout of the maintenance, construction, re-
<br />construction, or relocation of said water main or appurtenances, and said
<br />Gre.ntor hereby indemnifies and guarantees to save harmless the Grantees
<br />against any expense or damage to said water main or appurtenances, that said
<br />Grantors, their successors or assigns may at any time cause by the
<br />construction or maintenance of any paving, walks, switch tracks, tunnels,
<br />sewers, ducts, pipe or pole lines within or over said easement, or such other
<br />use of premises within the limits of above described easement as are not
<br />expressly prohibited herein, under the same conditions that legally exist
<br />for the installations and maintenance of water mains and appurtenances in
<br />streets dedicated to public use.
<br />The Grantor further agrees to the installation of a hard surface type
<br />driveway at least fifteen (15) feet in width, constructed adjacent to the -:
<br />water main, with the water main being located not less than nine (9) feet
<br />from either lateral limits of the easement area. The access driveway shall
<br />be either of concrete composition or of asphalt construction of a type and
<br />material in conformance with the following specifications.
<br />The Grantor hereby reserves the right to use said premises within the
<br />limits of the above described easement for the passage or transportation of
<br />personnel, material or equipment over or across the described easement, and
<br />to make such other use of said premises within the limits of the above describ d
<br />easement as are not herein expressly prohibited by and are not inconsistent
<br />with the rights and easement hereby granted.
<br />3.
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