Fill and Sign the Easement Underground Form

RIGHT OF WAY EASEMENT AND UNDERGROUND CONDUCTOR AGREEMENT KNOWN ALL MEN BY THESE PRESENTS ,       ( hereinafter called the “Grantors” ) of the County of       , State of                   , for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant to                         , a corporation, and to its successor or assigns, (hereinafter called the “Grantee”), the right to enter upon the lands of the Grantor situated in the County of       , State of                   described as follows: See attached description: Together with the right to place underground circuits or cables and pad mourn transformers and related electric equipment an that part of the property where underground service is located. Also the, right to construct. operate, maintain and rebuild electric distribution lines where necessary to serve any and all facilities on the property of Grantor as described, with conditions. Grantee agrees that it will maintain its lines and equipment as required in accordance with good safety and construction regulations, and shall be responsible for their own negligence, and the Grantor shall use all due precaution to not disturb or destroy the underground circuits of die Grantee, provide further that the Grantor shall have the right to use the land in any way not inconsistent with the rights granted. It is mutually agreed that the Grantor is interested in, and in need of adequate electric service in the above described sub div ision and the Grantee desires to supply the described ar ea with such electric service and as a condition to securing and furnishing such electric service the following conditions are agreed to by both Grantor and Grantee: 1. The Grantee agrees to furnish all necessary circuits, conductors, wire, transformers, and other related material, all installed for a complete distribution underground system, not to include the secondary service to residences or places of business, for a contribution of $250.00 per lot, to be paid to the Grantee by the Grantor. Also, the Grantee agrees to do, or have done at no cost to the Grantor, all necessary trenching and backfiling for placing of cables and circuits underground, according to specifications and under the supervision of a representative of the Grantee. The Grantor will be responsible for the full cost of all necessary road crossing done by the Grantee or its contractors. In the every that an all electric home is built and approved by the Grantee's agents within a two year period the $250.00 per lot contribution will be refunded to Grantor on a per lot basis. 2. The Grantor agrees to prepare, at no cost to the Grantee, that part of the property where the underground service is to be located to a final grade before the necessary circuits, conductors, wire, transformers, and other related material are installed. In the event these materials are relocated due to further grading or excavation by the Grantor or its Contractors, the Grantor will be responsible for the full cost of the relocation of underground facilities. 3. It is further agreed and understood that the Grantor plans to develop the above described property by selling of lots to third parties, and at such tim e any lot or p a rt of prop ert y is sold to any third party that the Grantor will inform said third party as of the following agreements and conditions as a stipulation of receiving electric service from the Grantee. A. The third party will be charged at the rate of $0.50 per foot for underground service wire in excess of 100 feet, (This being defined as the distance from the transformer to meter socket or junction box at budding location.) B. Where secondary service is required by third party to be run under driveways, patios, buildings or other areas covered or to be covered by concrete, the third party will be required to furnish power size conduit for installation in such area. C. In event the electrical load of any third party requires greater than 200 ampere service, the Grantee will furnish and install the necessary metering equipment, provided the third party will furnish and install a weatherproof junction box in lieu of meter socket at building location. 1 D. All trenching and backfilling necessary for third party for secondary service will be done by said third party at no cost to the Grantee, with trenching and backfilling meeting Grantee's specifications. IN WITNESS WHEREOF, The Grantor have set their hand and seal, the       day of       , 20       . WITNESSES: GRANTORS:                                     STATE OF       COUNTY OF       Personally appeared before me the undersigned authority in and for the above named jurisdictio n, the within named       , o ne of the subscribing witnesses to the foregoing instrument, who by me being first duly sworn, deposeth and sayeth that he saw the within named       and       whose names are subscribed thereto, sign and deliver the same to the said Grantee; that he, this affiant, subscribed his name as a witness thereto in the presence of the above name Grantors: SWORN TO AND SUBSCRIBED before me, this the       day of       ,20       . Notary Public My Commission Expires       STATE OF       COUNTY OF       Before me the undersigned authority in and for the above named jurisdiction, this day personally appeared       and       who severally acknowledged that they signed and delivered the foregoing instrument at the time and for the purposes therein stated as       , act and deed on the day and year therein mentioned. Given under my hand and seal of office, this the       day of       , 20       .                                           Notary Public My Commission Expires       STATE OF       COUNTY OF       2 Personally appeared before men, the undersigned authority in and for the aforesaid jurisdiction,       , who acknowledged that he is       of       , a       Company acknowledged that he signed and delivered the above and foregoing insuument for and on behalf of said corporation, as the act and deed of said corporation, he being first duly authorized so to do on the day and year therein mentioned. Given under my hand and seal of office, this the       day of       , 20       .                                           Notary Public My Commission Expires       ATTACHED LEGAL DESCRIPTION 3