|
GRANTOR FURTHER GRANTS AEP THE FOLLOWING RIGHTS:
<br />The right, now and in the future, to construct, reconstruct, operate, maintain, alter, improve,
<br />extend, inspect, patrol, protect, repair, remove, replace, upgrade and relocate within the
<br />Easement Area, poles, towers, and structures, made of wood, metal, concrete or other materials,
<br />and crossarms, guys, anchors, grounding systems, and all other appurtenant equipment and
<br />fixtures, and to string conductors, wires and cables ("Facilities"); together with the right to add to
<br />said Facilities from time to time, and the right to do anything necessary, useful or convenient for
<br />the enjoyment.
<br />The right, in AEP's discretion, to cut down, trim, removes, and otherwise control, using
<br />herbicides or tree growth regulators or other means any and all trees, overhanging branches,
<br />vegetation and brush situated within the Easement Area. AEP shall also have the right to cut
<br />down, trim or remove trees situated on lands of Grantor which adjoin the Easement Area when in
<br />the opinion of AEP those trees may endanger the safety of, or interfere with the construction,
<br />operation or maintenance of Facilities or ingress or egress to, from or along the Easement Area.
<br />The right of unobstructed ingress and egress, at any and all times, over, across and along and
<br />upon the Easement Area, and across the adjoining lands of Grantor as may be necessary for
<br />access to and from the Easement Area for the above referenced purposes.
<br />THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
<br />In no event shall Grantor, its heirs, successors, and assigns plant or cultivate any trees or place,
<br />construct, install, erect or permit any temporary or permanent building, structure, improvement
<br />or obstruction including but not limited to, storage tanks, billboards, sign, sheds, dumpsters, light
<br />poles, water impoundments, above ground irrigation systems, swimming pools or wells, or
<br />permit any re -grade any alterations of the ground elevation within the Easement Area. Grantor
<br />and AEP acknowledge that there are: a partial fence (above ground), new sanitary sewers
<br />(underground), and abandoned, underground lift station facilities ("encroachments") within the
<br />easement as depicted on Exhibit A. Grantor agrees not to permit the encroachments to be
<br />increased in length, width or height within the Easement Area without written permission from
<br />AEP.
<br />AEP agrees to repair or pay the Grantor for actual damages sustained by Grantor to crops,
<br />fences, gates, irrigation and drainage systems, drives, or lawns that are permitted herein, when
<br />such damages arise out of AEP's exercise of the rights herein granted.
<br />AEP Legal 1254401.1
<br />01/24/2017 10:58:56 AM
<br />
|