Res 2022-169R/approving an amendment to an existing Lower Colorado River Authority (“LCRA”)

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In addition to the EXISTING EASEMENT, GRANTOR grants GRANTEE an aerial easement over the AERIAL EASEMENT PROPERTY, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE'S successors and assigns forever. GRANTEE shall use the air space above the AERIAL EASEMENT PROPERTY to provide for the clearance required during wind-induced displacement of wires situated within the EXISTING EASEMENT, except that GRANTEE shall not be permitted to construct any permanent or temporary structures on or otherwise use the surface of the AERIAL EASEMENT PROPERTY. In no event shall GRANTOR place or construct any temporary or permanent structure, equipment, or other object within the AERIAL EASEMENT PROPERTY if such structure, equipment, or other object would extend higher than fifteen (15) feet above the current grade of the AERIAL EASEMENT PROPERTY. Any structure, equipment, or other object placed or constructed within the AERIAL EASEMENT PROPERTY must also be in compliance with the National Electrical Safety Code and any other applicable law or regulation. GRANTEE shall have the right to remove from the AERIAL EASEMENT PROPERTY any structure, equipment, or other object that violates the National Electrical Safety Code or that violates the height restriction set out above. GRANTEE shall not be liable for damages caused by such removal. GRANTEE shall have the right to trim and/or remove from the AERIAL EASEMENT PROPERTY all trees, shrubs, and parts thereof that extend, or have the potential to extend higher than fifteen (15) feet above the current grade of the AERIAL EASEMENT PROPERTY. GRANTEE shall not be liable for damages caused by the removal of trees, shrubs or other objects as permitted herein. GRANTEE acknowledges, however, that any and all of GRANTOR'S electric distribution lines and support structures existing in the AERIAL EASEMENT PROPERTY as of the DATE of this AERIAL AMENDMENT TO ELECTRIC LINE EASEMENT AND RIGHT-OF-WAY (the "Amendment") are deemed to comply with the aforementioned requirements in this paragraph although all or parts thereof exceed fifteen (15) feet above the current grade. Any future maintenance,modification,reconstruction,replacements, or upgrading of said electric distribution lines will be allowed provided any modified or replacement facilities and appurtenances of GRANTOR do not exceed the height of GRANTOR'S existing facilities and appurtenances, and provided GRANTOR must comply with all applicable laws, rules, and regulations, including,but not limited to,the National Electrical Safety Code. All terms of the EXISTING EASEMENT are hereby ratified and shall remain in full force and effect, as amended hereby, and nothing herein shall be construed as depriving GRANTEE of any rights obtained in the EXISTING EASEMENT except as specifically set out herein. If there is a conflict between the EXISTING EASEMENT and this Amendment, the Amendment shall control. The rights granted to GRANTEE in this Amendment are assignable in whole or in part. This instrument, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives, successors, and assigns. (Signatures on the following pages) 2