McCORMICK COUNTY, SOUTH CAROLINA - DEED - Carolina Light And Power Company - Bosworth (Boysworth), R.B. 1907 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/sc/scfiles.htm ************************************************ File contributed for use in SCGenWeb Archives by: Beth Hemingway August 17, 2004 Written: 1907 Recorded 9th Sept 1907 WB Cogburn Easement for Right of Way For Electrical Power Transmission Line From -------- to ------------ State of South Carolina County of McCormick Know all men by these presents that I, R.B. Bosworth of the state and county aforesaid for and in consideration of the sum of ten and100 ($10.00) dollars, cash in hand to me paid, receipt of which is hereby acknowledged and for other valuable consideration, do hereby grand and convey unto the Carolina Light and Power Company, a corporation of the State of South Carolina, hereinafter called the Company, it s successors and assigns, and easement for a right of way one hundred (100) feet wide, for an electrical power transmission line, including privileges hereinafter specified, upon, along and across all that tract of land owned by or in which the undersigned has an interest, situated in Plum Branch Township of the County of --------- and State of South Carolina bounded as follows: North by lands of Peoples Bank East by land of Estate Mrs Julia Jennings; South by lands of the Joe Self place, West by lands of JP Deason. All as more completely shown and described on plat hereinafter referred to. It is covenanted and agreed that if more than Ten (10) Poles are erected by said company, its successors or assigns, on the above described right of way, said company, its successors or assigns, shall pay to the undersigned, their successors or assign, the fourth sum of on & No/100 ($1.00) Dollars for each additional pole and/or Five & No/100 ($5.00) Dollars for each frame and or/ Fifteen & No/100 ($15.00) Dol lars for each tower so erected; the amounts for poles, frames and or towers to be payable when and if same are erected, but not otherwise; and any such poles, frames or towers may theater be renewed or replaced without any additional payment for right of way, and the said company, its successors or assigns shall have the right to substitute at any time , frame or tower constructions for pole construction, or tower construction for frame construction by paying the correspondence difference in amount in accordance with the prices above specified. This easement for said right of way does include the right and privilege to said Company, its successors and assigns, to go in and upon said tract of land, and at any time hereafter, construct, operate and maintain perpetually upon said right of way one or more lines for transmitting electric current, with pole frames, towers, wires and other necessary apparatus and appliances, including the right to stretch its telephone wires on said poles, frames, and towers,with necessary appliances, together with the right at any and all times to enter upon said premises for the purpose of inspecting the said lines and making repairs, renewals and alterations thereon, together with the right to cut aw y and keep clean of said transmission line or lines all trees and other like obstructions that may now or hereafter in any way interfere or be likely to interfere with the proper operation of the same. The center line of said right of way shall be shown on plat made by said company now or to be placed on file in the office of the Clerk of Court of the county, wherein said lands are located. Said plat is hereby made a part hereof as fully as though it were attached hereto and incorporated herein. It is further covenanted and agreed that the said Company , its successors and assigns,shall pay or tender to the owner thereof, a fair market value for any growing crops, fruit trees, fences or merchantable timber cut, damaged or destroyed on said premises by said company or its employees, in to the construction, reconstruction, operation and maintenance of said transmission lines. Any growing crops, fruit trees or merchantable timber so cut or damaged on said premises by said company shall remain the property of the owner of said premises. And should said owners and said company be unable to agree upon the reasonable amount to be paid as aforesaid, the same shall be determined by arbitration, each to select one arbitrator, and these two to select a third, and the award of a majority to be binding upon both parties. It is further covenanted and agreed that the Grantor herein may cultivate said right of way in such manner as not to interfere with the rights, privileges, uses and purposes herein before set forth. TO HAVE AND TO HOLD, all and singular, the said premises before mentioned unto the said company, its successors and as signs forever. And I do hereby bind myself, my heirs, executors, administrators and assigns to warrant and forever defend, all and singular the said premises unto the said company, its successors and assigns against me, my heirs, and all other persons lawfully claiming or to claim the same or any part thereof. Witness my hand and seal this 18th day of December in the year of our Lord one thousand nine hundred and twenty five, and in the one hundred and forty ninth year of the Sovereignty and Indecencies of the United States of America. Signed, Sealed, and delivered in the presence of Mary Seigler W.K. Charles R. B. Bosworth (LS) Additional Comments: The last name BOYSWORTH was often misspelled as BOSWORTH.