Anyone desiring to culvert a natural waterway on his or her property shall make application to the Board of Zoning Appeals and shall present plans for such culverting in accordance with State Transportation Department design standards. The Board, upon recommendation of the City Engineer, may waive these standards in the interest of having a dangerous condition enclosed if it is found that the costs of providing construction are in excess of any benefit to be derived from culverting and filling such watercourse, but in such manner as to protect the drainage area against flooding. The person desiring to culvert, as aforesaid, shall also give easement and building restrictions therefor in substantially the following form which may be varied by agreement with the Director of Law, based upon conditions which may be found to be at variance from typical circumstances.
The following form of easement and building restriction is typical of the form required by the City for all underground improvements. When circumstances require, in specific instances, Council and the City Planning Commission may vary the terms of a particular easement or building restriction from the following:
EASEMENT
FOR THE INSTALLATION AND MAINTENANCE OF STORM AND SANITARY SEWERS AND WATER MAINS TOGETHER WITH APPURTENANCES.
KNOW ALL MEN BY THESE PRESENTS, That , the Grantor herein, for valuable consideration received and to be received to its full satisfaction, does hereby give, grant, bargain and convey to the CITY OF MAPLE HEIGHTS, OHIO, the Grantee herein, the perpetual right of way and easement for the purpose hereinafter mentioned in the following described premises, to-wit:
In consideration of the mutual covenants herein contained, the Grantor hereby gives, grants and conveys unto the said City of Maple Heights, the right and easement to enter upon said premises and to lay, install, repair and maintain thereon storm and sanitary sewers and water mains together with appurtenances, including the installing and maintaining of service connections and pipes, setting and maintaining all water meters, and the making of all repairs to sewers, water mains, service connections, meters and all appurtenances thereto that in the opinion of the proper local authorities of the City of Maple Heights, Ohio, their successors or assigns may be necessary at any time, also to turn off the water of any service or main, or to do any other thing that may be necessary or advisable in the judgment of the said local authorities of the City of Maple Heights, Ohio, their successors or assigns, in order to maintain or operate said sewers, water mains, meters, connections, pipes and appurtenances in accordance with the ordinance, rules and regulations for the management and protection of said City of Maple Heights, Ohio, now in force or that may hereafter be adopted.
The Grantor further, in consideration of the acceptance of the easement above mentioned by the City of Maple Heights, Ohio, does hereby agree that the City of Maple Heights, Ohio, will pay no part of the cost of installing storm and sanitary sewers and water mains together with appurtenances within the above described easement. Said storm and sanitary sewers, water mains and appurtenances shall upon completion of installation and approval thereof by the City of Maple Heights, Ohio, its successors or assigns, become the property of the City of Maple Heights, Ohio, its successors or assigns. It is agreed that all service connections shall be installed at the expense of the owners of abutting premises, or others seeking sewer and/or water service thereby, in accordance with the rules and regulations of the City of Cleveland, Ohio, its successors or assigns, and shall have connection numbers assigned to them. All meters shall be furnished and set at the expense of the City of Cleveland, Ohio, its successors or assigns, and all water shall be supplied by said City of Cleveland, Ohio, its successors or assigns, in the same manner and to the same extent that water is supplied to the owners and occupants of premises abutting on public streets and highways in the City of Maple Heights, Ohio.
The Grantor hereby restricts said premises within the limits of the above described easements against the construction thereon of any buildings of a temporary or permanent type, excepting any sidewalks and/or pavements, or the construction in, over or subjacent to the above described easement of any tunnels, railroad switch-tracks, sewers, ducts, pipes or pole lines within the limits of the above described easement which cross over or under said easement at any angle less than forty-five degrees (45°) with the center lines of sewers and/or water mains, or with a clearance of less than one (1) foot above or below said water mains. Also to restrict the storing or placing of any materials, equipment or other obstruction thereon, or otherwise interfering with the access to or the maintenance of storm and sanitary sewers and water mains and appurtenances, and also against the planting or sufferance thereon or in such proximity thereto of trees of such root characteristics which may injure said sewers and/or water mains.
The Grantor further agrees that no additional fill will be made, or a ramp constructed within the limits of above described easement for the purpose of providing access to the property which will increase the depth of water mains in excess of eight (8) feet, or to grade the surface within the limits of said easement which will reduce the depth of water main to less than five (5) feet. It is agreed, however, that if in the event the Grantor herein, its successors or assigns desires to build over, encroach upon, change the grade, or otherwise utilize all or any portion of the easement granted hereby to permit the improvement of property, now restricted hereunder, the City of Maple Heights, Ohio, will approve such use of land within the limits of easement granted hereby, the Grantor shall reconstruct or relocate all or a portion of sewers and/or water mains affected by such use of land and where necessary grant a new easement of not less than thirty (30) feet in width under the same terms and conditions as herein provided and bear the entire cost of reconstructing or relocating said sewers and/or water mains in accordance with the provisions, rules, regulations and requirements of the City of Maple Heights, Ohio, its successors or assigns. Said reconstructed or relocated sewers and/or water mains and appurtenances shall, upon completion and approval by the City of Maple Heights, Ohio, become the property of the City of Maple Heights, Ohio.
The Grantor hereby reserves the right to use said premises within the limits of the above described easement for the passage or transportation of personnel, materials or equipment over or across the described easement, and to make such other use of said premises within the limits of the above described easement as are not herein expressly prohibited by and are not inconsistent with the rights and easement hereby granted.
The Grantors further agree that the City of Maple Heights, Ohio, shall be relieved of all liability to the Grantor on account of the maintenance, construction, reconstruction, or relocation of said sewers and/or water mains, and said Grantor hereby indemnifies and guarantees to save harmless the City of Maple Heights, Ohio, against any expense or damage to said sewers and/or water mains and appurtenances, that said Grantor, its successors or assigns may cause by the construction or maintenance of any paving, walks, switch-tracks, tunnels, sewers, ducts, pipe or pole lines within or over said easement, or such other use of premises within the limits of above described easement as are not expressly prohibited herein, under the same conditions that legally exist for the installation and maintenance of sewers and/or water mains and appurtenances in streets dedicated to public use.
TO HAVE AND TO HOLD the above granted easement, right of way, storm and sanitary sewers, water lines and appurtenances and further additions installed by Grantor to said sewers and water lines and appurtenances in, over and subjacent to the above described premises, for the purpose above mentioned unto said Grantee, the City of Maple Heights, Ohio, forever.
It is the intent of this conveyance that neither the filing of this deed of conveyance, its acceptance by the Grantee nor any other circumstances shall be construed as a dedication of the premises herein described as a street, for public use.
And the Grantor does for itself, its successors and assigns covenant with the said grantee, and its successors, that at and until the sealing of these presents, it is well seized of the above described premises as a good and indefeasible estate in FEE SIMPLE and has a good right to bargain and grant the same in manner and forms as above written, and that it will WARRANT AND DEFEND SAID PREMISES with the appurtenances thereunto belonging to the Grantee, its successors and assigns against all lawful claims and demands whatsoever for the purpose herein described.
It is agreed that wherever a party is named in this instrument, there shall be intended and included, in each case, that party, his or her heirs, administrators, its successors and/or assigns.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands at Maple Heights, Ohio, this day of , 19 .
Signed in the presence of: GRANTOR:
STATE OF OHIO ) ss:
COUNTY OF CUYAHOGA )
Before me, a Notary Public, in and for said County and State, personally appeared the above who acknowledged the signing of the foregoing instrument to be their free act and deed.
In Witness Whereof, I have hereunto set my hand and official seal at Maple Heights, Ohio, this day of , 19
Notary Public
(Ord. 1964-150. Passed 6-16-65.)