HomeMy WebLinkAbout25-79 RESOLUTION•
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RESOLUTION NO. eg5-1q
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO INSTITUTE
EMINENT DOMAIN PROCEEDINGS TO CONDEMN NECESSARY EASEMENTS FOR
THE CONSTRUCTION OF THE GREENLAND -WEST FORK WATER LINE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the City Attorney is hereby authorized and directed
to institute eminent domain proceedings to condemn the easements
described in Exhibits 1-5 attached hereto and made a part hereof,
which easements are necessary for the construction of the
Greenland -West Fork water line. nn
PASSED AND APPROVED this .31J day of� < , 1979.
ATTEST:
Qny2. i6
CITL. CLERK
APPROVED:
del
-71
DATE UN� � ts)s
REF( � q'�z
9,
•
t RIGHT OF WAY GRa`�:r
TRACT NO. G-wF72.4 '
STATE OF ARKANSAS
COUNTY OF \VASIIINCTON ( KNOW ALL MEN BY TIIESE FRESEIf1'S:
That for and in consideration of
and other valuable considerations to the undcre'tgned,
r
Reba Harrison
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and easement to construct, lay, remove, relay, enlarge and operate a water and/or sewer pipe line or lines,
. ...... manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
A 20 foot water and/or sewer easement of equal and uniform Width contiguous with and
parallel to the East right-of-way line of U. S. Highway No. 71 together with a 25 foot
temporary construction easement adjacent to and contiguous with the said' 20 foot easement,
containing 0.22 acres, more or less, through the following described tract of land:
A part of the Northwest quarter of the Northeast quarter of Section twenty-one (21)
in Township fifteen (15) North, of Range thirty (30) West, described as follows: Beginnin!
at the Northeast corner of said forty acre tract, and running, thence South six hundred
ninety-seven (697) feet, thence West six hundred thirty-four (634) feet to the centerline
of U. S. Highway No. 71, thence North 14° 34' East with the centerline of said Highway
seven hundred twenty (720) feet, more or less, to the North line of said forty acre tract,
thence East twenty-six (26) rods to the point of beginning, containing eight and one-
fourth (84) acres, more or less.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hereinabove
described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances
M Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation
of soil, and that manholes will he constructed flush with the surface of the ground except in bottom lands where they
shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the con-
struction, maintenance and operation .as determined by three disinterested persons, one thereof to be appointed by the
said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of
such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described casement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this casement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreementnot herein expressed.
WITNESS the execution hereof this the ........... _.... day of 19 .... .
ACKNOWLEDGMENT
STATE OF ARKANSAS l
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before nic, a Notary Public within and for said County and State, duly
commissioned and acting, personally appeared , to me well
known as the person(s) who executed the foregoing Right of %Vay Grant, and that ...... had executed the same
for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this . day of , 19
My commission expires .. Notary Public
•
•
TRACT NO. i97?-T-71-
STATE
c- W-4STATE OF ARKANSAS
COUNTY OF WASHINGTON
RIGHT OF WAY GRAN -f
r KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of
and other valuable considerations to the undersigned, . Cal,lle Webb Martin
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and casement to construct, lay, remove, relay, enlarge and operate a water and/or sewer pipe line or lines,
manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
Property Description: Book 588, Page 38
A part of the N2 of the SW; of Section 9, Township 15 North, Range 30 West.
Easement Description:
A permanent easement 10 feet in width, the center -line of said easement being
described as beginning at a point which is located 38.5 feet West of the NE corner
of the NW% of the SW14 of said Section 9, and running thence S 2° 39' E 15 feet;
thence West 148 feet; thence S 30 46' E 315 feet to the South property line, said
easement being further described as parallel to and contiguous with the existing
sewer line easement and located on the South, and East sides thereof.
Also a temporary construction easement 25 feet in width, being parallel to and
contiguous with the above described permanent easement and situated on the South
and East sides thereof.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hereinabove
described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances
of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation
of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they
shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the con-
struction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the
said Grantor; one by thc said Grantee; and thc third by the two so appointed as aforesaid, and the written award of
• such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described casement at any time
• in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof this the day of .... 19
ACKNOWLEDGMENT
STATE OF ARKANSAS l
COUNTY OF WASHINGTON r
BE IT REMEMBERED, that on this state, before me, a Notary Public within and for said County and State, duly
commissioned and acting, personally appeared , to me well
known as the person(s) who executed the foregoing Right of \Vay Grant, and that
ifor the consideration and purpose therein mentioned and set forth.
had executed the same
WITNESS my hand and seal on this . day of , 19
'My commission expires Notary Public
40
TRACT NO.
G -WF -2i
STATE OF ARKANSAS
COUNTY OF WASHING TON
c-IGHT OF WAY GRAkrf
If KNOW ALT. MEN BV THESE PRESEN1S:
That for and in consideration of .
and other valuable considerations to the underrigned, .
Jimmie R. Farmer & Francis K. Farmer
paid, the receipt of which is hereby acknowledged, the said Granter dors hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (Herein styled Gtantce), its successors and assigns, the right
of way and casement to construct, lay, remove, relay, enlarge and operate a water and/or sewer pipe line or lines,
manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
A 20 foot water and/or sewer easement of equal and uniform width contiguous with
and parallel to the East right-of-way line of U.S. Highway No. 71 together with a 25
foot temporary construction easement adjacent to and contiguous with the said 20 foot
easement, containing 0.25 acres, more or less, through the following described tract of
land:
Part of the Southwest quarter (SW's
Sixteen (16), Township Fifteen (15) Nor
Arkansas, more particularly described a
right-of-way line of U.S. Highway No. 7
of the Northeast corner of said forty a
thence North 176 feet, thence West to t
thence South bearing West with said rig
.68 acre, more or less.
of the Southeast quarter (SEU) of Section
th, Range Thirty (30) West, Washington County,
s follows: Beginning at a point on the easterly
1, which is 376 feet South and 174 feet West
cre tract, and running, thence East 174 feet,
he easterly right-of-way line of said highway,
ht -of -way to the point of beginning, containing
(Continued on back page) -
TO HAVE AND TO I-IOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hereinabove
described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances
of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation
of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they
shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the con-
struction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the
said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of
such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof this the day of , 19 -
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly
commissioned and acting, personally appeared , to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that had executed the same
for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this day of , 19
My commission expires . Notary Public
-Also -
4,
Part of the Southwest Quarter (SWz) of the Southeast Quarter (SEk) of Section
Sixteen (16), Township Fifteen (15) North, Range Thirty (30) West, more particularly
described as follows: Beginning three hundred seventy-six (376) feet South of the
Northeast corner of said forty acre tract and running thence West one hundred seventy-
four feet (174) to the Easterly line of right-of-way of U.S. Highway No. 71; thence
South 13° 49' West three hundred sixty-one (361) feet more or less with said right-
of-way line to a point seven hundred twenty-six (726) feet South of the North line
of said forty -acre tract; thence East two hundred sixty (260) feet to the East line
of said forty acre tract; thence Nort, three hundred fifty (350) feet to the point
of beginning, containing one and eight -tenths (1.8) acres, more or less.
•
•
•
trnGIIT OF WAY GRAtcf
TRACT NO. lc—wF722
STATE OF ARKANSAS
COUNTY OF WASHINGTON
That for and in consideration of
KNOW ALL MEN itY THESr. PRESENTS:
and other valuable considerations to the undersigned,
Frank Heilig & Josephine Heilig
paid, the receipt of which is hereby acknowledge(, the said Grantor docs heroby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled GI mate), its successors and assigns, the right
of way and easement to construct, lay, remove., relay, enlarge and operate a water and/or sewer pipe line or lines,
manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
A 20 foot water and/or sewer easement of equal and uniform width contiguous with and
parallel to the East right-of-way line of U. S. Highway No. 71 together with a 25 foot
temporary construction easement adjacent to and contiguous with the said•20 foot easement,
containing 0.28 acres, more or less, through the following described tract of land:
Part of the Southwest Quarter (SWj) of the Southeast Quarter (SE%) of Section 16,
in Township 15 North, Range 30 West of the Fifth Principal Meridian and being more
particularly described as follows, to -wit: Beginning at the Southeast corner of said
40 acre tract; thence running West 427 feet to the East line of the State Highway No 71;
thence North 8 degrees 50 minutes East 601.2 feet; thence East 335 feet to the East line
of said 40 acre tract, thence South 594 feet to the place of beginning, containing 5.82.
acres, more or less.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the rca] estate first hereinabove
described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances
of Grantee above described, and the rernoval,•renewal and enlargement of such at will, in whsle or in part.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury al! pipes, where feasible, to a sufficient depth so as not to interfere with cultivation
of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they
shall be at a height above }sigh water, and to pay any damages which may arise to growing crops or fences from the con-
struction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the
• said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of
such three persons shall be final and conclusive. -
The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time
' in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the. execution hereof this the .. day of . ., 19
ACKNOWLEDGMENT
STATE OF ARKANSAS l
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly
commissioned and acting, personally appeared , to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that had executed the same
for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this . day of , 19
My commission expires Notary Public
TRACT NO.
STATE OF ARKANSAS
COUNTY OF WASHINGTON
4
h-iGHT OF WAY GRAk
1 s/'
KNOW ALL MFiN, BY Tf1.....t 1•RESE."115:
That for and in consideration of
and other valuable considerations to the undersigned,
•
Leon & Fannie Jo Ashworth, husband & wife
paid, the receipt of which is hereby acknowledged, the said Grantor dors hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and easement to construct, lay, remove, relay, enlarge and operate a •water and/or sewer pipe line or lines,
manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
PROPERTY DESCRIPTION: Book 949, Page 865
Part of the North Half of the NW& of the SE* of Section 16, Township 15 North,
Range 30 West.
EASEMENT DESCRIPTION:
A permanent easement 20 feet in width, the centerline of said easement being described
as beginning at a point which is located 155.2 feet on a bearing of N 89° 48' W of
the Northeast corner of the NW* of the SE>:, Section 16, and running thence S 22° 38' E
82.23 feet; thence S 10° 50' E 103.38 feet; thence S 0° 59' E 286.17 feet; thence
S 3° 25' 30" W 197.32 feet to the South property line.
Also a temporary construction easement 25 feet in width, being parallel to and contiguous
with the above described permanent easement and situated on the East side thereof.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hereinabove
described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances
of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation
of soil, and that manhole; will be constructed flush with the surface of the ground except in bottom lands where they
shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the con-
struction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the
said Grantor; one by the said Grantee; and the third by the two so. appointed as aforesaid, and the written award of
such three persons shall be final and conclusive.
•
The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described casement at any time
• in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shalt extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority •
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof this the ... _.. _ .... day of ., 19
ACKNOWLEDGMENT
STATE OF ARKANSAS l
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly
commissioned and acting, personally appeared , to me well
known as the person(s) who executed the foregoing Right of Way Grant, and had executed the same
for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this
day of , 19
My commission expires Notary Public
TRACT NO. G-wF-16
STATE OF ARKANSAS
COUNTY OF WASHINGTON f KNOW Alt MEN BY THESE PRESENTS:
Fn,GHT OF WAY GRAIrf
That for and in consideration of
and other valuable considerations to the undersigned,
•
Charles Z. Spencer & Edna F. Spencer
paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and casement to construct, lay, remove, relay, enlarge and operate a water and/or sewer pipe line or lines,
............... manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
A 20 foot water and/or sewer easement of equal and uniform width contiguous with
and parallel to the East right-of-way line of U.S. Highway No. 71 together with a 25
foot temporary construction easement adjacent to and contiguous with the said 20 foot
easement, containing 0.10 acres, more or less, through the following, described tract
of land:
A part of the Southwest Quarter (SWi) of the Northeast Quarter (NU) of Section,
Sixteen (16) in Township Fifteen (15) North, Range Thirty (30) West, described as
follows, to -wit: Beginning at the Southeast corner of said forty acre tract, and
running thence North to an intersection with the South line of an East and West County
Road, thence West along the South line of said County Road to a point of intersection
with the East line of U.S. Highway No. 71, thence South to the South line of said
forty acre tract, thence East about 210 feet to the point of beginning, containing
one (1) acre, more or less.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hereinabove
described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances
of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation
of soil, and that manholes will he constructed flush with the surface of the ground except in bottom lands where they
shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the con-
struction, maintenance and operation as determined by three disinterested persons, one thereof to be appointed by the
said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of
such three persons shall be final and conclusive.
The Grantor agrees not to erect any buildings or structures in said right of way other than fences and said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective hcirs, legal
representatives, successors and assigns of the panics hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreement not herein expressed.
WITNESS the execution hereof this the day of , 19
ACKNOWLEDGMENT
STATE OF ARKANSAS l
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly
commissioned and acting, personally appeared , to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that ..._ ..... had executed the same
for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this . day of , 19
My commission expires Notary Public
TRACT NO.-G7WF73
STA1E OF ARKANSAS
COUNTY OF WASHINCFON
fc�GHT OF WAY GRAkf
KNOW ALL 'Ai Etc BY TTIF.SE PRESENTS:
That for and in consideration of
and other valuable considerations to the undersigned,
Willard Johnson & Wade Deane Johnson
paid, the receipt of which is hereby acknowledged, the said Grantor Anes hereby GRANT, SELL AND COVEY unto
the City of Fayetteville, Arkansas, a municipal corporation (herein styled Grantee), its successors and assigns, the right
of way and easement to construct, lay, remove, relay, enlarge and operate a water and/or sewer pipe line or lines,
manholes, and appurtenances thereto, on, over, across, and under the following described real estate, to -wit:
Property Description: Book 799, Page 54
A part of the S%Z of the NW% of Section 9, Township 15 North, Range 30 West.
Easement Description:
A permanent easement 10 feet in width, the center -line of said easement being described
as beginning at a point which is located 38.5 feet West of the SE corner of the SW1 of
the NW; of said Section 9, and running thence N 2° 39' W 210 feet to the North property
line. Said easement being further described as parallel to and contiguous with the
existing sewer line easement and located on the East side thereof.
Also a temporary construction easement 25 feet in width, being parallel to and
contiguous with the above described permanent easement and situated on the East
side thereof.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such pipe line or lines, man-
holes and/or appurtenances thereto shall be maintained, with ingress to and egress from the real estate first hereinabove
described for the purpose of constructing, inspecting, maintaining and repairing said lines, manholes and appurtenances
of Grantee above described, and the removal, renewal and enlargement of such at will, in whole or in part.
The said Grantor is to fully use and enjoy the said premises except for the purposes hereinbefore granted to the said
Grantee, which hereby agrees to bury all pipes, where feasible, to a sufficient depth so as not to interfere with cultivation
of soil, and that manholes will be constructed flush with the surface of the ground except in bottom lands where they
shall be at a height above high water, and to pay any damages which may arise to growing crops or fences from the con-
struction, maintenance and operation as detennined by three disinterested persons, one thereof to be appointed by the
said Grantor; one by the said Grantee; and the third by the two so appointed as aforesaid, and the written award of
such three persons shall be final and conclusive.
•
The Grantor agrees not to erect any buildings or structures in said right of way other than fences and Said fences
shall not exceed six (6) feet in height.
The Grantee shall have the right to construct additional pipe lines upon the above described easement at any time
in the future and agrees to pay any damages as a result of such future construction as set out in this easement.
The consideration first above recited as being paid to Grantor by Grantee is in full satisfaction of every right hereby
granted. All covenants and agreements herein contained shall extend to and be binding upon the respective heirs, legal
representatives, successors and assigns of the parties hereto.
It is hereby understood and agreed that the party securing this grant in behalf of the Grantee is without authority
to make any covenant or agreernent not herein expressed.
WITNESS the execution hereof this the day of , 19
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
BE IT REMEMBERED, that on this date, before me, a Notary Public within and for said County and State, duly
commissioned and acting, personally appeared to me well
known as the person(s) who executed the foregoing Right of Way Grant, and that had executed the same
for the consideration and purpose therein mentioned and set forth.
WITNESS my hand and seal on this . day of , 19
My commission expires Notary Public