|
<br />involved by reason of the work involved shall be the respons9bility of the
<br />Grantor. Further, the Grantees, either 3ointly or separately, shall not be
<br />responsible for restoration of the property or its environs or its original
<br />topographical condition, and shou1d also be held b1ameless for any damage oc-
<br />curring by reason of water leakage from water mains or appurtenances. Further-
<br />to restrict the storing or p1acing of any materials, parking of any vehic1es of
<br />any type, equipment or other obstructions thereon, or otherwise interferring
<br />with the acdess to or the maintenance of the water main or appurtenances, and
<br />also against the planting or sufferance thereon or in such proximity thereto
<br />of trees and shrubbery which may restrict the accessibili.ty for the maintenance
<br />of said water main and appurtenances.
<br />The Grantors further agree that no additiona1 fill will be made, or a ramp
<br />constructed within the limits of the above desc ribed easement for the purpose
<br />of providing access to the property which will increase the depth of the water
<br />main in excess of six (6) feet or to grade the surface within the limits of said
<br />easement which will reduce the depth of the water main to less than five (5)
<br />feet. It is agreed, however, that if in the event the Grantor herein, his suc-
<br />cessors, or assigns desire to bui1d over, encroach upon, change the grade, or
<br />otherwise utilize all or arty portion of the easement granted hereby to permit
<br />improvement of property now restricted hereunder, the Grantees must first ap-
<br />prove such use of land within the limits of easement granted hereby, the Grantor
<br />shall reconstruct or relocate a11 or any portion of water main affected by such
<br />use of land and where necessary, grant a n+ew easement of not less than fifty
<br />(50) feet in width under the same terms and conditions as herein provided and
<br />bear the entire cost of reconstruction or re1ocation of the water main or app-
<br />urtenarices, in accordance with the provisions, rules, regulations, and require-
<br />ments of the Grantees, their successors or assigns. Said reconstructed or re,
<br />located water main and appurtenances sha11, upon completion and approval of
<br />the Grantees, become the property of the City of North Olmsted.
<br />The Grantors further agree that the Grantees sha11 be re1 ieved of a11 li a-
<br />bility to the Grantor on account of the maintenance, construction, reconstruction,
<br />or relocation of said water main or appurtenances, and said Grantor hereby in-
<br />demnifies and guarrantees to save harmless the Gran tees against a Ry expense or
<br />damage to said water main or appurtenances, that said Grantors, their successors
<br />or assigns may at any time cause by the construction or maintenance of any paving,
<br />wal ks , swi tch tracks, tunne1 s, sewers, ducts, pi pe or pole 1 i nes wi thi n or over
<br />said easement, o r such other use of premises within the 1imits of above described
<br />easement as are not express1y prohibited herein, under the same conditions that
<br />legally exist for the instal1ations and maintenance of water mains and appurten-
<br />ances in streets dedicated to public use.
<br />The Grantor further agrees to the installation of a hard surface type drive-
<br />way at least fifteen (15) feet in width, constructed ad acent tp the water main,
<br />with the water main being located not less than nine (91 feet from either lateral
<br />limit of the easement area. The access driveway sha11 be either of concrete
<br />composition or of aspha1t construction of a type and materia1 in conformance with
<br />the following specifications.
<br />The Grantor hereby reserves the right to use said premises within the limits
<br />of the above described easement for. the passage or transportation of personnel,
<br />materials or equipment over or across.the described easement, and to make such
<br />other use of said premises within the limits of the above described easement as
<br />are not herein express1y prohibited by and are nat inconsistent with the rights
<br />and easement hereby granted.
<br />TO HAVE AND TO HOLD,THE above granted easement, right-of-way, water lines
<br />and appurtenances and further additions installed by Grantor to said water 1ines
<br />and appurtenances in, over, and sub3ect to above described premises, for the
<br />purpose above mentioned unto said Grantees forever. It is the intent of this conveyance that neither the fi-ling.or this deed or
<br />conveyance, its acceptance by the Grantees nor any other circumstances sha11 be
<br />construed as a dedication of or as an agreement by the Grantees to accept for
<br />dedicaLion the premises herein descrlbed for pub1ic use as a street.
|