RECREATION EASEMENT
STATE OF ____________________)
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF __________________)
That for and in consideration of One Dollar ($1.00) and other good and valuable
consideration to the undersigned, , hereafter
“GRANTOR, cash in hand paid, the receipt of which is hereby acknowledged, said
Grantor does hereby grant, bargain, and convey unto the City of Rogers, Arkansas, a
municipal corporation, hereafter GRANTEE”, its/their successors and assigns,
permanent rights-of-way and easements to construct, remove, re-construct, enlarge,
maintain, inspect, repair, and operate recreation facilities such as, but not limited to,
multi-use trails, parks, playgrounds, ball fields, seating areas, pavilions, parking facilities,
trailheads, etc. and appurtenances thereto, with right of ingress and egress to and from the
same, on, over, across, 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 Recreation 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, fences, or other improvements (other than 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-RE-04/26/2016
Grantee agrees to repair any damage to Grantor’s driveways, sidewalks, parking
areas, 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, lawn, or pastures shall be restored by Grantee as close as is
reasonable to the original condition.
It is further understood that the Grantor or his 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 Recreation 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-RE-04/26/2016