Author: | Contracts
This Agreement relates to the wind-powered electrical power generation and transmission project known as the “Randolph Wind Energy Center” to be located in Columbia County, Wisconsin.
When installing, maintaining or removing the nacelle and rotor from any Wind Turbine, whether located on or off of Owner’s Property, this Construction Easement also shall permit workers to do the following: (a) (for the purpose of securing tag lines) travel on foot or in a pickup truck, SUV, small forklift or other similar vehicles onto Owner’s Property up to seven hundred (700) feet in any direction from the center of the Access Easement; and (b) drive an erection crane on Owner’s Property.
Owner grants to Operator an irrevocable, exclusive easement for the construction, installation, maintenance, use, operation, repair, replacement, relocation and removal of Collection Facilities on, over, across, along and under the Owner’s Property.
Owner shall not interfere, or permit any other party to interfere with the free, unobstructed and natural wind flow, wind speed or wind direction over and across the Owner’s Property by doing the following within 1400 feet of a Wind Turbine or proposed Wind Turbine location: (a) constructing buildings or other structures on the Owner’s Property; (b) planting trees on the Owner’s Property; or (c) engaging in any other activity on the Owner’s Property or elsewhere that might, in the sole opinion of Operator, cause a decrease in the output or efficiency of the Wind Turbines located on the Owner’s Property. Without limitation of the foregoing, Owner agrees not to construct or erect any building or structure on the Owner’s Property higher than twenty-five (25) feet, without the prior written approval of Operator.
Owner grants to Operator an irrevocable, non-exclusive easement for the right and privilege to permit the Wind Turbines located on adjacent tracts of Owner’s Property (whether or not owned by Owner) to overhang the Owner’s Property. Owner shall not interfere with the operation of Wind Turbines that overhang the Owner’s Property.
Owner grants Operator an irrevocable, non-exclusive easement for the right and privilege to generate and maintain audible noise levels in excess of fifty (50) dbA on and above the Noise Easement Property at any or all times of the day or night (”Noise Easement”). The “Noise Easement Property” shall mean the Owner’s Property except those portions within a 200-foot radius circle (or lesser distance with Owner’s prior written consent) centered on the inside of each presently existing, occupied residence on the Owner’s Property.
Owner grants to Operator an irrevocable, exclusive easement for the construction, installation, maintenance, use, operation, replacement, relocation or removal of one or more Meteorological Towers (as defined in Section 7.3) on the Owner’s Property.
The exact locations and routes of the Easements referenced in this Section 4 may not be determined until the completion o f Operator’s inspection, testing, study and surveying of the Owner’s Property during the Option Term, and Owner and Operator acknowledge and agree that the locations and routes of such Easements as shown on the attached Exhibit “B” may be relocated or rerouted by Operator, at any time during the Term of this Agreement, so long as the nature and extent of any such relocated or rerouted Easements are not materially different and impose no greater burden on the Owner’s Property than the original locations or routes, and so long as Operator takes appropriate actions to minimize any disruption or inconvenience to Owner and the uses of the Owner’s Property reserved to Owner in Section lOA.
Operator shall have the right, at its sole cost and expense, to construct, install, maintain, use, operate, repair, replace, relocate and remove all facilities, structures, equipment, machinery, wires, conduit, cables, poles, materials and property of every kind and character required for the construction and operation of the Wind Power Project on the Owner’s Property, including, but not limited to, the Wind Turbines, Collection Facilities, Meteorological Towers, and Roadway Improvements.
Owner covenants and agrees that neither Owner nor its agents, lessees, invitees, guests, licensees, successors or assigns will (i) interfere with, impair or prohibit the free and complete use and enjoyment by Operator of its rights granted by this Agreement; (ii) take any action which will interfere with or impair the availability, accessibility, flow, frequency, or direction of air and wind over and above the Owner’s Property; (iii) take any action which will in any way interfere with or impair the transmission of electric, electromagnetic or other forms of energy to or from the Owner’s’ Property; or (iv) take any action which will interfere with or impair Operator’s access to the Owner’s Property and the Operator Property for the purposes specified in this Agreement.
Hunter’s Waiver & Release Agreement
Download original document: “FPL Energy Wind Farm Easement Agreement”
This article is the work of the author(s) indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.
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