Article XIII - Easements
Due to the unique cooperative nature of the business of the Association, and in the interests of its individual Members, each Member, in order to remain in good standing and receive the benefits of Membership, including the provision of electric service, shall upon request and without compensation grant easements over and across said Member’s respective property for the purposes of providing the services offered by the Association and its subsidiaries, if any, to said Member and any other Members of the Association. It being understood and agreed that the rates for all such services to every Member would increase dramatically if Members were allowed to refuse such access to their land or be compensated for the same.
It is the policy of the Association to maintain its easements and rights of way free of trees and other vegetation and impediments to access and dangerous trees outside of said rights of way and easements, all of which would interfere with the safe operation and maintenance of the systems operated by the Association or its subsidiaries thereon.
Each Member of the Association shall, without charge to the Association, grant to the Association: (a) easements for the construction, operation, and maintenance of poles, lines, fiber, and other materials and equipment of the Association ("Association's Facilities”) over, under, and through land owned or controlled by the Member, (b) the right to use and/or allow others to use the easements and Association's Facilities thereon for the provision of electric distribution or transmission, communication services, or broadband services, and (c) the right to access and duly authorize third parties to access the easements to maintain the easements and the lines and other equipment thereon in such condition as may be necessary or desirable, including, without limitation, the right to cut trees, trim trees, apply herbicides for vegetation management, and remove or trim other obstacles, including trees, on or adjacent to the easements which may endanger the lines or other equipment on the easements or the public. The granting by a Member of such easements and rights to the Association shall be effective upon the Member's admission to Membership in the Association, and the granting of such easements and rights shall be effective and enforceable even in the absence of a separate written easement agreement executed by the Member. The Member shall, nevertheless, execute a separate written easement agreement for recording purposes if requested by the Association to do so.