THIS EASEMENT is made by and between —— (“Grantor”), the owner(s) of a certain lot or parcel of land situated in the Town of Carthage, Franklin County, Maine (… the “Property”) … and SADDLEBACK RIDGE WIND, LLC, a Massachusetts limited liability company having a mailing address at 549 South Street, Quincy, MA 02169 (“Grantee”) …
WHEREAS Grantee plans to operate a wind power project, including wind turbine generators and towers on Saddleback Mountain in Carthage, Maine and related equipment, facilities, infrastructure and substructures (… the “Wind Power Project”) on lands near the Property …; and
WHEREAS, the Wind Power Project may emit sound at levels that may exceed current or future Maine Department of Environmental Protection quiet nighttime sound limits for the Property, and additionally may cast shadows onto or produce a shadow flicker effect on the Property;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, with Quitclaim covenant, a perpetual easement to Grantee for: (a) the right to have sound generated from the Wind Power Project impact the Property and exceed otherwise applicable federal, state, local or other maximum sound level limits applicable to locations on the Property; (b) the right to have any audio, visual, light, vibration, electromagnetic, ice or weather hazard resulting from Wind Power Project operations or activities impact the property; and (c) the right to cast shadows or shadow flicker from the Wind Power Project onto the Property. …
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