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<br />201005223
<br />this matter before thane two regulatory bodies.
<br />The Grantee agrees to pay the Grantor or Lessee, as their interests may appear, for any
<br />damage to personal property, fences, livestock, and growing crops caused by the survey and
<br />original construction of the Grantee's electric transmission line. The Grantee agrees to take all
<br />reasonable steps to restore, as nearly as possible to the condition it was in prior to construction,
<br />any land which is damaged as a result of said construction. Final payment shall be made on or
<br />before 60 days after completion of the original construction.
<br />Grantee agrees to pay Grantor up to Five Thousand Two Hundred Fifty Three AND
<br />No/100 DOLLARS ( 5 253.00) for the relocation and construction of Grantor's field access,
<br />burring of electrical service to Grantor's pivot, which currently is above ground, and the
<br />installation of a new irrigation Garner system guidance wire at least a minimum of 6 feet north of
<br />its current location. Installation of said irrigation guidance wire shall cause Grantor's irrigation
<br />pivot not to obstruct Grantee's electrical utility poles. Compensation of said relocation and
<br />construction work described above is included in the easement consideration described on page
<br />one of this document. Grantor shall have all work described above completed before March 1,
<br />2011.
<br />The Grantee agrees to pay the Grantor or Lessee, as their interests may appear, for any
<br />damage to personal property, fences, livestock, and growing crops and to take all reasonable
<br />steps to restore any land which is damaged after the original construction of the Grantee's
<br />electric transmission line resulting from the survey, operation, maintenance, inspection, repair,
<br />removal, alteration, relocation and reconstruction of the Grantee's electric transmission line. It is
<br />further agreed trhat all claims for such damages must be submitted to the Grantee in writing
<br />within 90 days of such occurrence; otherwise, it is agreed that said claim for damages shall have
<br />been waived.
<br />Grantee shall have the right to excavate and refill ditches and trenches necessary for
<br />such overhead and underground electric utilities and appurtenances; to remove, clear, and keep
<br />clear, all trees which would come within eighteen (18.0) feet of the nearest electric conductor; to
<br />remove, clear, and keep clear, bushes, hedges, undergrowth, and/or any other obstructions
<br />interfering with the surveying, construction, inspection, maintenance, repair, replacement,
<br />relocation, extension, removal, and operation of such overhead and underground electric utilities
<br />and appurtenances. All refuse from cutting and trimming trees and bushes shall be removed
<br />and disposed by the Grantee.
<br />Grantee shall have the right at any time, to relocate, add, or upgrade such overhead and
<br />underground electric utilities and appurtenances connected therewith, in, upon, above, along,
<br />over, across, underneath, or through the easement and right-of-way herein granted. During
<br />initial construction, Grantee agrees to install Grantee's utility poles such that the center line of
<br />the utility poles is approximately two(2) feet north of the southern edge of said easement along
<br />Abbott Road.
<br />Grantor shall not allow any structures, buildings, combustible materials or other property
<br />of any kind whatsoever, to be erected, constructed, placed, stored or accumulated in, upon,
<br />above, along, over, across, underneath, or through the easement and right-of-way herein
<br />granted.
<br />Grantor may cultivate and use the land within the easement and right-of-way
<br />provided that such use shall not, in the judgment of the Grantee, endanger or be a hazard
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