Fill and Sign the What Compensation Do Electric Companies Pay for an Easement Form

Page 1 of 4 EASEMENT AND RIGHT OF WAY (For Electrical Transmission Lines – Long Form) STATE: COUNTY: _____ and _____, whose address is _____, as their interest may appear in that certain _____ Deed recorded in Volume _____, page _____ of the _____ Records of _____ County, _____ (the “Grantors”), in consideration of valuable consideration, the receipt of which is acknowledged, GRANTS and CONVEYS to _____ (the “Grantee”), the right to erect _____ double-circuit transmission lines, consisting of poles or towers made of wood, metal, and other materials, wires, circuits, static wires, communication circuits to be used for the purposes related to Grantee’s electric utility business only, cross arms, insulators, and all necessary appurtenances, with all incidental rights, together with the right of ingress and egress, on , ove r, across, through and along the lands of Grantors in _____ County, _____, described in Exhibit “A” attached to this Easement, and incorporated into it for all purposes. This Easement is subject to the following terms and conditions: (a) Prior to the cutting of boundary line fences or partition fences by Grantee, its successors and assigns, its and their employees, and independent contractors in the initial construction of the electric transmission line, or in the subsequent alteration, repair, ope rations, maintenance, and removal of the electric transmission line, Grantee, its successors and assigns, shall cause to be erected in the fence or fences, _____ _____ (__”) inch top cedar posts, _____ (___’) feet in length, placed _____ (__’) feet in the ground and placed and separated by a _____ (___’) foot length pipe between the posts and cross-wired on each side of where the cut in the fence or fences is to be made and to which posts the fence wires shall be securely st apled before the wires in the fence or fences are cut. The fence or fences shall always be c onstructed of a _____ gauge _____ inch tall net wire, guacho or berkly brand wire, or replaced in such a manne r across the right of way so to be as good as, or better than, the rest of the existing fence. (b) During the period of any subsequent alterations, repairs, maintenance, removal or inspection of the electric transmission line in the event injury to the surface of the land or injury to or destruction of growing crops, native turf, planted grasses, fences, cattle guards, livestock improvements and other personal property of Grantors or their tenants located on the property, is caused or is brought about by operations of Grantee, its successors and assigns, its and their employees, agents, or independent contracts, Grantee binds and obligates itself to repai r, replace, or pay for the injury to or destruction of the property, damaged or destroyed. (c) Grantee, its successors and assigns, shall remove from the land covered by the right of way, after initial construction of and after each repair and alteration t o or removal of the electric transmission line, all stakes, posts (except in frame), trash and rubbish, a nd any and all rocks _____ inches (___”) in diameter or greater, which it, its agents, employees or independent contractors, or its successors and their agents, employees or independent contractors, may have put into or on the ground, and shall level all ruts, mounds, ridges, and depressions caused by Page 2 of 4 operations on the land and restore the same as near as possible to prior conditions. Disposal of rocks may be accomplished by burying them at a depth of _____ inches (___”) or greater. All terraces cut by Grantee, its successors and assigns, and its and their employees, agents, a nd independent contractors, shall be filled and brought up to the heights, width, and grade of t he rest of the terraces of which the cut terraces are a part, all at the cost and expense of Grantee, after each and every cutting of the terraces, as per instructions of Grantors. (d) Grantee, its successors and assigns, is or are to hold Grantors harmless and free from all liability and damage for: (1) Injury to or the death of any person or persons or injury to or destruction of property owned by others, resulting from or arising out of the electric transmission line being located on the right of way or on the described land. (2) Any violation of any environmental law enacted by any governmental entity whether in effect at the time of the execution of this agreement or enacted at some future date, arising out of the electric transmission line being located on the right of way or on the described land. (e) In the event Grantee permanently abandons the use of the right of way and easement, “abandonment” being defined as nonuse of the easement or electric transmissi on line in the easement for a period of _____ (___) consecutive months (unless Grantee is prevented from using the easement or electric transmission line by events beyond its reasonable c ontrol), the same shall revert to the Grantors, their heirs and assigns and the Grantee shall have _____ (___) months within which to remove the electric transmission line and its appurtenances a fter the abandonment, and if the electric transmission line and appurtenances then locat ed with the right of way are not removed within ____ (___) months of the abandonment they shall become the property of the Grantors, free of all claim and demands of the Grantee. If the elect ric transmission line is removed, Grantee will restore the surface of the soil to the same condition as it is now, insofar as is practicable. (f) Except for the anticipated reasonable damages resulting during the initial construction and paid for initially, for the duration of this easement, it is agreed a nd understood that, if there is any injury to or destruction of growing crops, native turf, planted grasse s, fences, cattle guards, livestock, the improvements, or other personal property of the Grantors or their tenants, caused or brought by the operations of Grantee, its successors, assigns, employees, agents, and independent contractors, and in that event, Grantee binds and obligates itse lf to repair, replace, or pay for the injury to or destruction of the property damaged or destroyed. (g) Grantors except from the easement and reserve to themselves and to their successors and assigns the right to build and maintain fences, roads, and access ways over, a long, and across the Easement, and the right to otherwise fully use and enjoy the easement; provided that use and enjoyment shall comply with the other restrictions contained in this Easement and shall not endanger or materially interfere with the construction, operations, maintena nce, use, or safety of Grantee’s transmission line. Grantors recognize that applicable _____ rules require that Page 3 of 4 the terms of this easement prohibit the new construction of habitable structures within the easement area. GRANTORS, AND GRANTOR’S SUCCESSORS, ASSIGNS, AGENTS, LICENSEES AND LEGAL REPRESENTATIVE SHALL BE PROHIBITED FROM CONSTRUCTING OR PLACING (OR FROM PERMITTING ANY THIRD PARTY TO CONSTRUCT OR PLACE) ANY HABITABLE STRUCTURES ON, OVER, OR WITHIN THE EASEMENT AREA. (h) Grantee will not permit any of its agents, servants, or employees, or any independent contractor performing services for it, to carry any firearms or fishing equipment on the land of Grantor. The burden of enforcing the provisions of this agreement is on the Grantee, and it shall be the Grantee’s duty to investigate any person whom it employs or authorize s to enter on this land. (i) The interest granted is only an easement and right of way, and does not cover or include any right, title, interest, or estate in or to any of the oil, gas, or any of the minerals in, on, and under the property described above. (j) The easement and right of way granted is expressly made subject to each and every valid and subsisting oil, gas, and mineral lease, and any easement or right of way over, on, or across the described premises that are properly recorded among the _____Records of _____ County, _____, including easements for pipelines, power lines, and roads. The Grantee, its successors and assigns, shall hold the Grantors harmless from any liability of any kind or type whatsoever, except liability arising from the negligence of Grantors or Grantors’ surface lessee, owned to or asserted by any third person, firm, or corporation, which may arise by reason of the construction or operation of the electric transmission line along the granted easement. (k) All payments of money due Grantors or which might later become due to Grantors by virtue of the breach of any of Grantee’s covenant or agreements, or under any obligation in anywise, incurred by Grantee under the terms or provisions of this easement, shall be payable to Grantors in _____ County, _____. (l) Grantee agrees to notify Grantors of any change in ownership of the electric transmission line right of way, by sending to Grantors, their heirs, successors or assigns, certified copies of any recorded conveyance or instrument changing the ownership. Grantee further agrees to furnish Grantors/landowners, the name, address, and current telephone number of its supervisory employee responsible for the operation of the right of way, so that Grantors/landowners may know who to contact in the event of any difficulties arising by operation of the electric transmission line right of way. (m) No spraying by aircraft shall be used for brush or weed control. (n) It is understood and agreed that Grantors do not warrant title to the easement conveyed, and Grantee, its successors and assigns must satisfy itself as to the title conveyed. Page 4 of 4 This Easement shall be assignable in whole or in part by the Grantee or any other person or entity authorized by law to own and operate the electric transmission line, but no conveyance of the rights granted shall be made to anyone other than an affiliate of Grantee wit hout the express written consent of Grantors, which consent shall not be unreasonably withheld. It is understood that this grant may be used as collateral for indenture purposes and permission for such an assignment is granted. TO HAVE AND TO HOLD the easement to Grantee, _____, its successors and assigns, until the time as the easement has been permanently abandoned. Executed by Grantors and Grantee as of the date of the acknowledgment below, but this Easement is effective for all purposes as of _____. Grantors Grantee Exhibit “A” – Property Description (Acknowledgments)