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GRADING, DRAINAGE, UTILITY, AND TEMPORARY CONSTRUCTION EASEMENT (City of Rogers)

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GRADING, DRAINAGE, UTILITY, AND
TEMPORARY CONSTRUCTION EASEMENT
STATE OF ____________________)
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF _________________ )
THAT the undersigned, , hereinafter called
“GRANTOR”, for and in consideration of the sum of $1.00 and other valuable consideration, the receipt
of which is hereby acknowledged, do hereby grant, sell, and convey unto the City of Rogers for the use of
the public, hereinafter called GRANTEE, its/their successors and assigns, and franchise utilities, a
permanent general utility easement to lay, construct, remove, reconstruct, enlarge, maintain, inspect,
repair, and operate utility lines, including electric, water, sewer, drainage, and other utilities, and
appurtenances thereto, and construct, alter, or grade the easement area as required, with right of way of
ingress and egress to and from the same, on, over, and under the following described lands lying in
BENTON COUNTY, ARKANSAS, to-wit:
Legal Description- See Attached Exhibit “A- - ”
A sketch of this grant is attached as Exhibit “B” and is to be considered as a part of this Grading,
Drainage, Utility, and Temporary Construction Easement grant document. It is understood that this
sketch is descriptive only of the size, shape, and location of the easement and does not constitute a plat or
survey of the Grantors’ property.
Also, Grantee is granted a Temporary Construction Easement of sufficient width to allow for
adequate equipment and materials storage and ingress/egress for construction of this project as shown on
Exhibit “B”. It is understood that this sketch is descriptive only of the approximate size, shape, and
location of the Temporary Easement and does not constitute a plat or survey of the Grantor’s property.
The Temporary Easement is subject to all easements, restrictions, reservations, and right-of-ways of
record. Upon termination or completion of the above described work, the temporary easement shall revert
to the Grantor.
The Grantor or their successors shall not cause to be constructed any buildings, structures, or other
improvements (other than wood fences, driveways, and paved parking areas) within the above described
easements, and no trees shall be planted by Grantor or their successors on said easement. Grantor or their
successors shall not be entitled to any compensation for fences, growing crops, or structures which may
be removed or disturbed within this permanent easement by virtue of Grantees’ exercise of the rights
under this agreement, unless agreed upon in writing among the Grantor and Grantee.
City of Rogers- GDUE-04/26/2016
Grantee agrees to repair any damage to Grantor’s driveways, sidewalks, parking areas, fences,
lawn, or pastures that result from the exercise of rights and privileges contained within the easement and
right of way described herein. Said damages to driveways, sidewalks, parking areas, fences, lawn, or
pastures shall be restored by Grantee as close as is reasonable to the original condition.
It is further understood that Grantee’s easement shall be exclusive and the Grantor or their
successors shall convey no parallel rights to any person, utility, or corporation on, across, or under said
right of way/easement without the express written permission of Grantee.
All Easements listed above (including right of ways), other than the Temporary Construction
Easement, shall be perpetual unto Grantee, unless and until Grantee formally abandons the Easements.
The undersigned GRANTOR, does hereby affirmatively state that they have the actual authority to
execute this Easement grant document and that they possess the actual authority to relinquish the property
interests transferred herein.
The undersigned GRANTOR, does relinquish and release unto the said GRANTEE, its successors
and assigns, all of their respective rights of homestead, dower, and curtesy in regard to the easement
herein conveyed.
WITNESS our hands and seals this ______________day of _______________________, 20__.
BY: ____________________________ BY: ______________________________
________________________________ __________________________________
For/Title/Printed name For/Title/Printed name
ACKNOWLEDGMENT
STATE OF ___________________)
) ss
COUNTY OF _________________)
On this day, before me, a Notary Public duly commissioned and acting for the State and County
aforesaid, personally appeared _____________________________________________________, who
acknowledged that they are the Owner(s), necessary corporate officer(s), or otherwise the proper party
authorized to execute this easement grant of the above-referenced real estate, and that they have executed
the foregoing instrument for the purposes and consideration therein contained.
Witness my hand and seal as such Notary Public this ________ day of ___________________, 20___.
My Commission Expires: _____________________________
______________________ NOTARY PUBLIC
City of Rogers- GDUE-04/26/2016
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GRADING, DRAINAGE, UTILITY, AND TEMPORARY CONSTRUCTION EASEMENT (City of Rogers)

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Completed 4 August 2020

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