|
?
<br />....?
<br />Thence, South 2° 47' 00" West 10.01 feet along the Southerly line of
<br />Brookpark Road;
<br />Thence, North 89° 55' 15" East 381.31 feet along the Southerly 1ine of
<br />Brookpark Road to an angle point;
<br />Thence, South 89° 32' 36" East 418.00 feet along the Souther1y 1ine of
<br />Brookpark Road to the principal place of beginning.
<br />In consideration of the mutual covenants herein contained, the Grantor
<br />hereby gives, grants and conveys unto said Grantees; the right and easement to
<br />enter upon said premises and to 1ay, install, repair, and maintain therein a
<br />water main and appurtenances, including the installing and maintaining of service
<br />connections and pipes, setting and maintaining al.l water meters and the making
<br />of all repairs to mains, service meters, and all appurtenances connected there-
<br />with that in the opinion of the Grantees, their successors or assigns, may be
<br />necessary at any time, also to turn offthe water of any service or main, or
<br />to do any other thing that may be necessary or advisable in the Judgment of said
<br />Grantees, their successors or assigns, in order to-maintain or operate said
<br />main, meters, connections, pipes and appurtenances in accordance with the or-
<br />dinances, rules, and regulations for the management and pratection of said
<br />Grantees now in force or that may-hereafter be adopted. Further, whenever main-
<br />tenance or work of any kind is required hereunder, the Grantees; either jointly
<br />or separately, shall not be responsible for restorat9on of theproperty or its
<br />environs to its original topographica1 condition, and should a1so be held b1ame-
<br />less for any damage.occurring by reason of water leakage from water mains or
<br />appurtenances.
<br />The Grantor further, in consideration of the acceptance of the easement
<br />above mentioned, by the Grantees, does hereby agree to pay the entire cost of in-
<br />stalling a water main and appurtenances within the above described easement,
<br />constructed in accordance with the provisions, rules, regulations, and require-
<br />ments of the said Grantees, thelr successors or assigns. Said water main, valves,
<br />hydrants, and appurtenances shall upon completion and approva1, by the Grantees,
<br />their successors or assigns, become the property of the Grantee the City of North
<br />Olmsted its successors or assigns. Said water main and a purtenances installed
<br />by the Grantor shall remain the property of the Grantee t?e City of North Olmsted
<br />and shall be a distrlbution water main of said Grantee within cne-.purview and a
<br />subject to the terms of any Water Service Agreement between said Grantee and
<br />the City of Cleveland now or hereafter in effect. It is agreed that all service
<br />connections sha11 be insta1led at the expense of the owners of abutting premises,
<br />or others seeki ng water service thereby, i n accordance wi th the.ordi nances , rules
<br />and regulations of said Grantees their successors o r assigns, and shall have
<br />connections assigned to them by the.City of Cleveland upon presentation of officially
<br />designated street mailing addresses on the street or thoroughfare on which their
<br />premises abut. A11 meters sha11 be furnished by the City of C1eve1and, and paid
<br />for and set at the expense of said Grantor, its successors or assigns, and a11
<br />water shall be supplied by the City of Cleve1and, its successors o.r assigns in
<br />the same manner and to the same extent that water is supp1ied to the owners and
<br />occupants of premises abutting on pub1lc streets and highways in the City of
<br />Cleveland. .
<br />The Grantors hereby restrict said premises within the 11m1ts of the above
<br />described easement against the construction ther.eon of any buildings of a tempor-
<br />ary or permanent type, excepting any sidewalks and/or pavements, or the construc-
<br />tion in, over or subjacent to the above described easement of any tunne1s, rail-
<br />road swi tch t racks , sewers, ducts, pi pes or pol e 11 nes wi thi n the 1 i mi ts'. of the
<br />above described easement which cross over or under said easement at any angle
<br />more th:an forty-five (45) degrees with the center lines of the water main or
<br />with clearance of less than two (2) feet above or below said water main. In
<br />the event of a violation of any of the provisions of this easement by the Grantor,
<br />or his successors or assigns, the Grantees either 3oint1y or separately, shall
<br />•tain the right to enter upon the premises of the Grantor and either discontinue
<br />?he water servfice, or make the necessary alterations to conform to the ordinances,
<br />rules and regulations of the Grantees, either joint1y or separate1y. Ary expenses
|