2016-138 Ordinance - Laserfiche WebLink

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Grantors and Grantee agree that all references to either party in this instrument shall include that party and the party's heirs, administrators, successors and/or assigns. In consideration of the mutual covenants contained herein, the Grantors hereby grant and convey unto the Grantee the right and easement to enter upon the Premises to lay, install, construct, and maintain therein a stormwater sewer and appurtenances, including headwall structure., service connections and pipes, drainage ditch and fencing; to make all repairs to stormwater drains, sewers, lines, pipes and appurtenances, including drainage ditch and fencing, that the Grantee deems to be necessary or advisable from time to time; or to do any other thing which the Grantee deems to be necessary or advisable in order to operate or maintain said stormwater culvert, drains, lines, pipes and appurtenances in accordance with the ordinances, rules and regulations of the Grantee, which are now in effect or may be adopted hereafter. In consideration of offer and acceptance of the easement, the Grantors agree that Grantee has already incurred the entire cost of installing said storm sewer and appurtenances upon the Premises, which are and shall remain located entirely within the limits of the described easement Premises, which consists of approximately square feet, without assessment of costs upon Grantors. The stormwater improvements and appurtenances shall become and remain the property of the Grantee, the City of North Olmsted, and shall forever remain a stormwater collection system of said Grantee. The Grantors agrees to keep the Premises free of materials, equipment, vehicles, trees, shrubbery, and any other obstructions that would interfere with Grantee's access to or maintenance of said stormwater sewers, drains and appurtenances. 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 Grantee. If the Grantors violate any of the provisions of this easement, the Grantee, at the expense of the Grantors, may enter upon the premises and maintain stormwater drainage systems or make such alterations as are necessary to bring the Premises into compliance with the provisions of this easement. Whenever maintenance or repair work of any kind is performed on the Premises under the terms of this easement, the Grantee shall bear the entire cost and responsibility thereof, as well as the restoration of the Premises, as may be necessary and appropriate. Grantee maintenance or repair work shall be confined to the stormwater sewer drains and lines, and appurtenances, including headwall structure, service connections and pipes, drainage ditch and fencing and shall not include maintenance or removal of trees, shrubbery, landscape materials, or grass cutting, unless necessary and appropriate for stormwater flow or for restoration following excavation or construction. The Grantors and the Grantee mutually agree that neither the recording of this instrument nor its acceptance by the Grantee shall be construed as a dedication of the premises or an agreement by the Grantee to accept the premises for dedication for public use as a street. The Grantors covenant with the Grantee that they are 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 covenants that he will warrant and defend 2