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WHEREAS, the Grantee is desirous of acquiring certain rights and privileges across, over,
<br /> under, upon and through the Property.
<br /> NOW, THEREFORE, the Parties agree as follows:
<br /> 1. Distribution Easement. Owner, for good and valuable consideration, receipt of which is
<br /> hereby acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and
<br /> assigns,a non-exclusive easement for the perpetual right, privilege, and authority to patrol,construct, erect,
<br /> reconstruct, alter, improve, extend, repair, operate, and maintain a transformer and other necessary or
<br /> convenient appurtenances related to the transformer, across, over, under, through and upon the following
<br /> portion of Owner's Property (hereinafter"Easement Area"):
<br /> That portion of the above-described property being a strip of land ten feet(10') in width having
<br /> five feet(5')of such width on each side of the centerline of the transformer and related
<br /> appurtenances as constructed,to be constructed, extended or relocated within the above
<br /> described real property.The exterior boundaries of said easement being widened accordingly to
<br /> provide Grantee 8 feet of easement area adjoining all sides of Grantee's ground mounted
<br /> transformers, switch cabinets, and/or vaults.
<br /> 2. Access To and Across Property. Grantee has the right of ingress to and egress from the
<br /> Easement Area across the adjacent Property of Owner where same is reasonably necessary for the
<br /> purpose of exercising its easement rights described in Section 1.
<br /> 3. Owner's Reservation of Rights and Use of Easement Area. Owner reserves the right to
<br /> use the Easement Area in a manner that does not interfere with the Grantee's use of the Easement Area,
<br /> and/or present a hazard to Grantee's electric distribution lines and facilities, communication wires and
<br /> cables,and other appurtenances.The Owner shall not construct or permit to be constructed any structures
<br /> of any kind in the Easement Area without prior approval of the Grantee.
<br /> 4. Clearing of Power Line Right of Way. Grantee has the right at all times to clear said
<br /> Easement Area and keep the same clear of all brush, debris and trees.
<br /> 5. Trimming or Removal of Hazardous/Danger Trees. Grantee has the right at all times to
<br /> cut, slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee
<br /> constitute a hazard to said lines and facilities, communication wires and cables, and other appurtenances
<br /> or the Grantee's access thereto. Trees, brush or other growth shall be deemed hazardous to the lines or
<br /> facilities or access of the Grantee when they are of such a height that they could, upon falling, strike the
<br /> nearest edge of the Easement Area at a height of more than fifteen feet (15'). Except in emergencies,
<br /> Grantee shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give
<br /> Owner prior notice that such trees will be trimmed or removed.
<br /> 6. Title to Removed Trees,Vegetation and Structures. The title to all brush, debris,trees and
<br /> structures removed from the Easement Area and the Property pursuant to Sections 4 and 5 shall be vested
<br /> in the Grantee, and the consideration paid for this Easement and rights herein described is accepted by
<br /> Owner as full compensation for said removed brush, debris, trees and structures. Owner shall be entitled
<br /> to request fallen timber be set aside for Owner's personal use. Grantee shall make reasonable effort to
<br /> set aside said fallen timber provided doing the same is safe in Grantee's sole opinion. Title to any fallen
<br /> timber set aside in this manner shall revert to the Owner.
<br /> 7. Restoration Provision. To the extent that Owner's Property is disturbed and/or damaged
<br /> by Grantee's exercise of its rights hereunder, Grantee shall restore the condition of the Property as nearly
<br /> as reasonably possible to its existing condition prior to said exercise of its rights.
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