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#2981052v5
<br />all other appurtenant equipment and fixtures, and to string conductors, wires and cables;
<br />together with the right to add to said facilities from time to time, and the right to do
<br />anything necessary, useful or convenient for the enjoyment of the Easement herein
<br />granted, (the “Work”).
<br />The right, in AEP's discretion, now or in the future, to cut down, trim, remove, and
<br />otherwise control, using legally acceptable herbicides or tree growth regulators or other
<br />means, any and all trees, overhanging branches, vegetation or brush situated within the
<br />Easement Area. AEP shall also have the right to trim trees situated on lands of Grantor
<br />which adjoin the Easement Area when in the opinion of AEP those trees may endanger the
<br />safety of, or interfere with the construction, operation or maintenance of AEP's facilities
<br />or ingress or egress to, from or along the Easement Area. AEP shall consult with Grantor
<br />in the event AEP determines that a tree located outside of the Easement Area should be
<br />removed, and Grantor shall determine, in its sole discretion, whether the tree shall be cut down
<br />or some other remedy proposed; provided, however, that when there is an urgent need to
<br />remove a tree for safety reasons or to prevent imminent damage to AEP’s facilities, as
<br />determined by AEP’s experienced forestry personnel in writing and provided to the Grantor,
<br />AEP will not be required to obtain Grantor’s consent before removing the tree in question.
<br />Any such removal shall be subject to the compensation requirements of this Agreement.
<br />AEP shall have the right of unobstructed ingress and egress, at any and all times, over,
<br />across and along and upon the Easement Area, and, at reasonable times, across the
<br />adjoining lands of Grantor as may be reasonably necessary for access to and from the
<br />Easement Area for the above referenced purposes. AEP shall not have the right to stage
<br />equipment on adjoining lands of Grantor without first obtaining Grantor’s prior written
<br />approval. The Grantor understands AEP has or may seek access to City rights-of-ways
<br />(“ROW”) for portions of the Work. AEP understands and agrees to secure the required
<br />permits and/or approvals from the City of South Bend for this ROW access.
<br />THIS GRANT IS SUBJECT TO THE FOLLOWING CONDITIONS:
<br />The Grantor reserves the right to cultivate annual crops, pasture, decorative plantings,
<br />construct fences (provided gates are installed that adequately provide AEP the access
<br />rights conveyed herein) and roads or otherwise use the lands encumbered by this Easement
<br />in any way not inconsistent with the rights herein granted. In no event, however, shall
<br />Grantor, its successors, and assigns plant or cultivate any trees or place, construct, install,
<br />erect or permit any temporary or permanent building, structure, improvement or obstruction
<br />including but not limited to, storage tanks, billboards, signs, sheds, dumpsters, light poles,
<br />water impoundments, above ground irrigation systems, swimming pools or wells, or
<br />permit any alteration of the ground elevation, over, or within the Easement Area. AEP
<br />may, at Grantor's cost, remove any structure or obstruction if placed within the Easement
<br />Area, and may re-grade any alterations of the ground elevation within the Easement Area.
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