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NOW, THEREFORE, the Parties agree as follows: <br />1. Distribution Easement. Owner, for good and valuable consideration, receipt of which is hereby <br />acknowledged, hereby conveys and grants to Grantee, its agents, contractors, successors and assigns, a <br />non-exclusive easement for the perpetual right, privilege, and authority to patrol, construct, erect, <br />reconstruct, alter, improve, extend repair, operate, and maintain overhead and/or underground electric <br />distribution lines and facilities; Grantee -owned communication wires and cables, and other necessary or <br />convenient appurtenances, across and\or over the following portion of Owner's Property (hereinafter <br />"Easement Area") <br />The South 45 feet of the above described real property. <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 use the <br />Easement Area in a manner that does not interfere with the Grantee's use of the Easement Area, and/or <br />present a hazard to Grantee's electric distribution lines and facilities, communication wires and cables, and <br />other appurtenances. The Owner shall not construct or permit to be constructed any structures of any kind <br />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 Easement <br />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 cut, <br />slash, or trim and remove brush, timber or trees from the Property which in the opinion of Grantee constitute <br />a hazard to said lines and facilities, communication wires and cables, and other appurtenances or the <br />Grantee's access thereto. Trees brush or other growth shall be deemed hazardous to the lines or facilities <br />or access of the Grantee when they are of such a height that they could, upon falling, strike the nearest <br />edge of the Easement Area at a height of more than fifteen feet (15'). Except in emergencies, Grantee <br />shall, prior to the exercise of such right, identify such trees and make a reasonable effort to give Owner <br />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 set <br />aside said fallen timber provided doing the same is safe in Grantee s sole opinion. Title to any fallen timber <br />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 by <br />Grantee's exercise of its rights hereunder, Grantee shall restore the condition of the Property as nearly as <br />reasonably possible to its existing condition prior to said exercise of its rights. <br />8. Relocation Either Grantor or Grantee may require relocation of the Grantee facilities and <br />relocation of the Easement Area. The party requiring relocation will be responsible for all costs of <br />relocation. Both parties will reasonably coordinate with each other to minimize relocation costs and <br />complete the required relocation in a timely manner. For any required relocation, Grantor will provide a <br />new Easement Area at a location and size reasonably satisfactory to Grantee, and Grantor and Grantee <br />will execute an amendment to this Easement that reflects the new Easement Area. <br />