m • m vs
<br />IT1 in
<br />MED
<br />a
<br />0
<br />DO NOT WRITE ABOVE THIS LINE — FOR REGISTER OF DEEDS USE ONLY
<br />OVERHEAD ELECTRIC DISTRIBUTION RIGHT -OF -WAY EASEMENT
<br />SOUTHERN PUBLIC POWER DISTRICT
<br />PO BOX 1687, GRAND ISLAND NE 68802 -1687
<br />SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
<br />KNOW ALL MEN BY THESE PRESENTS, that the undersigned The Nature Conservancy, A District of
<br />Columbia non - profit Corporation for and in consideration of the amount set forth in this easement, does hereby
<br />grant unto Southern Public Power District (hereinafter the District); a public corporation whose post office address
<br />is Grand Island, Nebraska, and to its lessees, successors and assigns, the permanent right, privilege, and easement of
<br />right -of -way to construct, operate, maintain, inspect, repair, remove, alter, relocate and reconstruct its electric lines,
<br />including all necessary poles, wires, guys and other equipment used in connection therewith, along a route situated
<br />in the County of Hall , State of Nebraska and more particularly described as follows:
<br />The District shall have the right of ingress and egress across and along the property within the easement area for any
<br />purpose in connection with the survey, construction, operation, maintenance, inspection, repair, removal, alteration,
<br />relocation and reconstruction of the District's electric lines or any associated equipment used in connection
<br />therewith.
<br />The District shall also have the right at any time to trim or remove such trees and underbrush within the easement
<br />area as may in any way endanger or interfere with the safe construction, operation, maintenance, alteration or
<br />reconstruction of its electric lines and equipment used in connection therewith, including but not limited to topping
<br />or removing any other trees which in falling would come within ten (10) feet of the nearest electric line conductor.
<br />All refuse from such tree cutting or trimming shall be removed by the District.
<br />The District agrees to pay the Grantor or Lessee, as their interests may appear, for any damage to personal property,
<br />fences, livestock, and to growing crops caused by the survey and original construction of said line. Final payment
<br />shall be made on or before 60 days after completion of the construction stated herein.
<br />The District agrees to pay the Grantor or Lessee, as their interests may appear, for any damage to personal property,
<br />fences, livestock, and to growing crops occurring after the initial construction and resulting from the survey,
<br />operation, maintenance, inspection, repair, removal, alteration, relocation and reconstruction of the District's electric
<br />lines. It is further agreed that all claims for such damages must be submitted to the District in writing within 30 days
<br />of such occurrence; otherwise, it is agreed that said claim for damages shall have been waived.
<br />The District agrees to take all reasonable steps to restore, as nearly as possible to the condition it was in prior to
<br />construction, all land in the easement area which is damaged as a result of said construction.
<br />Compensation for this easement shall be in the amount of $1.00, along with the removal of the electric lines that the
<br />new electric lines will replace. Removal of the old lines shall take place on or before December 31, 2017.
<br />The undersigned agrees and represents that he or she has read and understands the foregoing and that this instrument
<br />contains all agreements and understandings between the parties and the undersigned has not relied on any promises,
<br />inducements, covenants, oral statements, or agreements of any kind or nature which are not expressly set forth
<br />herein.
<br />r
<br />rn
<br />-4
<br />
|