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HomeMy WebLinkAbout0995 ~ r~ser.•ing houever, unco the party of the first part (the Grantor), its si~ccessors and assigns, a perpetual easement in, over, under, upon and across the lands described above (the Propert~) for the purpose of construc- tion, operation and mairtenance of one or more electric traRSmission and distributioo lines a~d other electric facilities, including but not limfted to vires, poles, H-frame structures, towers, cebles, conduits, anchors, guys, telephone and telegraph lines, transformer enclosures, one or more pipelines, ' and equipment appurtenant thereto or assaciated therewith (all the foregoing hereinafter referred to as "Facilities"), nov existing or to be installed by ~ r Grantor from time to time, together with the ri~ht and privilege to recon- struct, inspect, alter, improve, enlarge, add to, change the nature or physi- ~ cal characteristics of, replace and remove the Facilities, the right to permit Che attachment of conduits, wires or cables of any other co~pany or person to the FaciliCies, the right to cut, trim and keep clear of all trees, brush and undergrowth or other obstructions that might endanger or interfere with the Facilities or the proper construction, operation and maintenance thereof, the right to mark the location of any undergroun~ Facilities by aboveground and other suitable markers, the right to construct and maintain one or more roads upon and across the Property, and all other rights and privileges necessary or convenient for the full enjoyment or use of the Property for the above mentioned purposes. Party of the second part (the Grantee, whether one or more) by its acceptance hereof understands that the Facilities installed or to be installed are of high voltage and agrees to use due care and pre- cautions in fts use of the Property sa as to prevent damage or injury to property or persons fn the vicii~ity of the Facilities. Grantee~may use the Property for agricultural and all other purposes except the uses and purposes .expressly reserved hereinabove or as might inter:ere with oY be inconsistent with the Grantor's use, occupation and enjoyment of the Property and the rights hereby reserved or as might create a hazardous condition; provided, however, no portion of the property shall be excavated, altered, obstructed, improved, surfaced or paved by Grantee or its successors or assigns without the prior written permission of Grantor, and no building, ~aell, irrigation system, structure, obstructiori or improvement shall be located, constructed, maintained or operated by Grantee, its successors and assigns over, under, in, upon or across the Property. Grantor and Grantee expressly sgree that Grantee shall have the right to use and maintain existing fences, roadways, including railroad crossings and irrigation ditches, which cross the Propert~ and that Grantee should have the right to construct, maintain and use additional fences, roadways, including railroad crossings, spurs and ditches crossing the Prflperty at such locations as are mutually agreed upon b}~ Grantor and Grantee in writing; provided, however, Grantor shall.have no obligation as to the construction or maintenance of any such roadway or ditch nov or hereafter existing and further providing that Grantor may relocate an}• such roa.~ or ditch provi~ed such =el~cation doFS nut materially interfere w•ith access or drainage. 1981 F~3 10 ~'~ :I~ SS fIl[C ~N[ F! COki~f ~ Si.l UCIF COUM1Y.i: ~. FOGfR POITRAS CtEFK C1=Ctlti CGUR; D .' •. ~ ~ ssssoy a~ 348 ~~E 995 --.~ . .... ~__ ~_. ~-~- ___... _ _ _ _ .