Agreement cross easementIT a
AGREEMENT OF CROSS -EASEMENT
THIS AGREEMENT made and entered into on this,24�e� day
of 1980, by and between Citizens Bank & Trust
Co..,�Qf Van Buren, Arkansas, hereinafter referred to as First Party,
and Wal-Mart- Stores, Inc., a Delaware Corporation, hereinafter
referred to as Second Party, and C. C. Gunn and Eddie Gunn, his
VIA
wife, of Van Buren, Arkansas, hereinafter referred to as Third
Party, WITNESSETH:
WHEREAS, First Party is the legal owner of the following
described real property, to -wit:
Part of the South Half of the Northwest
Quarter of Section 20, Township 9 North,
Range 31 West, Crawford County, Arkansas,
more particularly described as follows:
Commencing at the Southeast corner of said
South Half of the Northwest Quarter; thence
North 89 degrees 45 minutes 36 seconds
West along the South line of said South
Half, 947.5 feet to the point of beginning;
thence North 89 degrees 57 minutes West
111.83 feet; thence 42 minutes East 70.00
feet to the point of beginning containing
3052 square feet more or less.
Said property is further marked "1" on the survey plat attached
hereto and shall hereinafter be referred to as "Parcel 1". Also,
First Party is the legal owner of the following described property,
to -wit:
Part of the South Half of the Northwest
Quarter of Section 20, Township 9 North,
Range 31 West., Crawford County, Arkansas,
more particularly described as follows:
Commencing at the Southeast corner of said
South Half of the Northwest Quarter; thence
North 89 degrees 45 minutes 36 seconds
West along the South line of said South
Half, 1241.95 feet to the point of beginning;
thence North 89 degrees 57 minutes West
326.73 feet to the Southeasterly right-of-way
254.86 feet; thence South 38 degrees,_42
minutes East 209.34 feet to the point of
beginning containing 26676 square feet
more or less..
Said property is further marked "3" on the survey plat attached
hereto and shall hereinafter be referred to as "Parcel 3", and
M-0, RE 6 6 1
WHEREAS, Second Party is the owner of a leasehold interest
in the following described real property, to -wit:
Part of the Northeast Quarter, Southwest
Quarter of Section 20, Township 9 North,
Range 31 West, Van Buren, Arkansas, more
particularly described as follows:
Commencing at the Northeast corner of the
Northeast Quarter, Southwest Quarter; thence
North 89 degrees 45 minutes 36 seconds
West 555.8 feet; thence South 00 degrees
23 minutes 54 seconds East 30.00 feet;
thence North 89 degrees 45.minutes 36 seconds
West 136.29 feet; thence Ibrth 8.9 degrees
35 minutes 45 seconds West 299.8.8 feet;
thence North 87 degrees 40 minutes 47 seconds
West 95.90 feet to the point of beginning;
thence South 51 degrees 34 minutes 00 seconds
West 101.47 feet; thence North 38 degrees
25 minutes 54 seconds West 85.72 feet;
thence South 89 degrees 19 minutes 28 seconds.
East 45.57 feet; thence South 87 degrees
40 minutes 47 seconds East 87.28 feet to
the point of beginning containing 4406
square feet more or less.
Said property is further marked "2" on the survey plat attached
hereto and shall hereinafter be referred to as "Parcel 2", and
WHEREAS, the use of the aforesaid described parcels would
be mutually beneficial to each of said parties herein, and
WHEREAS, the parties desire to enter into an agreement
which shall permit each party along with their respective employees
and patrons, to have the mutual use and enjoyment of said properties
for the purposes of parking, ingress, and egress upon the following
terms, provisions, and conditions.
THE PARTIES AGREE AS FOLLOWS:
(1) First Party does hereby convey to Second Party an
easement in, to, upon, and over all that property heretofore described
as "Parcel 1" and "Parcel 3", said easement being for the sole
and only purpose of parking, ingress and egress, it being distinctly
agreed and understood, however, that the easement thus granted ,
is not an exclusive easement but is subject to the equal right
on the part of the First Party for parking, ingress and egress,
which right is expressly reserved, and that neither shall have
the right of ingress and egress to the exclusion of the other.
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(2) Second Party does hereby convey to First Party an
easement in, to, upon, and over all that property heretofore described
as "Parcel 2", said easement being for the sole and only purpose
of parking, ingress and egress, it being distinctly agreed and
understood, however, that the easement thus granted is not an
exclusive easement but is subject to the equal right on the part
of the Second Party for parking, ingress and egress, which right
is expressly reserved, and that neither'shall have the right of
ingress and egress to the exclusion of the other.
(3) It is agreed that the easements thus granted shall
continue so long as Second Party maintains a leasehold interest
in that property described as "Parcel 2", or unless terminated
earlier by mutual agreement of the parties.
(4) That. C. C. Gunn and Eddie Gunn are the fee title owners
of that property described as "Parcel 2", and hereby consent to
the cross -easements herein contained as indicated by their signatures
hereinafter provided. They further acknowledge and agree that,
in consideration of First Party's covenants herein contained,
that they will construct curbing and sidewalks, along with additional
miscellaneous improvements, all as reflected on the site plan
and survey plat attached hereto.
(5) Further, in consideration of the covenants herein
contained, the said C. C.°Gunn and Eddie Gunn, do hereby agree
to maintain the upkeep of "Parcel 1" and "Parcel 3" pursuant to
the same terms and conditions as required in their Lease Agreement
with Second Party during the term, or terms of said Lease.
(6) That this Agreement shall be binding upon the heirs,
assigns, and successors to the parties herein.
WITNESS our hands on this X-4,e ,C day of 19814/L
ATTEST:
SECRETARY r
-3-
CITIZENS BANK & TRUST CO.
OF VAN BUREN, ARKANSAS
B
PRESIDENT
-MIS-0 RE 663
WAL-MART STORES, INC.
By
feanic- Vice -President
Real Estate -
ATTEST:
Assistan ecret.ary
C. G U N N
EDDIE GUNN
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)
COUNTY OF CRAWFORD )
On this 13th day of January, 1986, before me, Cindy
Boyd , a Notary Public duly commissioned, qualified and acting
within and for said County and State, appeared in person the within
named Robert A. and Marion H. Riggs , being
Hammersc-fimidt, or.
the President and Secretary, respectively of Citizens Bank & Trust.
Co. of Van Buren, Arkansas, a banking corporation, and were duly
authorized in their respective capacities to execute the foregoing
instrument for and in the name and behalf of said corporation,
and further stated and acknowledged that they had so signed, executed,.
and delivered said foregoing instrument for the consideration,
uses, and purposes therein mentioned and set forth.
In testimony whereof, I have hereunto set my hand and seal
this +�1'day of January, 1986.
NOTA PUBLIC
My Commission Expires:
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`� r
� � r
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF
On this day of Jtrmrals_�' 1986, before me,
a Notary Public duly commissioned, qualified and acting
within and for said County and State, appeared in person the within
named Cw,4i!5 and i,. /iY1!'(r."v��✓l , being the
Series Vice -President and Assistant Secretary, respectively of
Wal-Mart Stores, Inc., a corporation, and were duly authorized
in their respective capacities to execute the foregoing instrument
for and in the name and behalf of said corporation, and further
stated and acknowledged that they had so signed, executed, and
delivered said foregoing instrument for the consideration, uses,
and purposes therein mentioned and set forth.
In testimony whereof, I have hereunto set my hand and seal
FebrWl
this 2114A day of �ua�, 1986.
my Commission Expires:
G
ACKNOWLEDGMENT
STATE OF ARKANSAS )
COUNTY OF CRAWFORD )
NOTARY PUBLIC
Be it remembered that on this $ day of January, 1986,
before me, a Notary Public in and for the County and State aforesaid,
came C. C. Gunn and Eddie Gunn, known to me to be the persons
whose names are subscribed to the within instrument, and acknowledged
that they had executed the same for the purposes therein contained.
In witness whereof, I have hereunto set my hand and affixed
my notary seal the day and year last above written.
My Commission Expires:
. )a - q1
_S-
NOTARY PUBLIC
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777
CERTIFICATE OF RECORD
STATr OF ARKANSAS, County of Crawford
1, POWELL, Circuit Clerk and Ex officio Recorder within
and for the county aforesaid, do hereby certify that the within or
attached and foregoing instrument of writing was filed for record
A w„� in my office and the samo is now
F ;%RCu T duly recorded with acknowledge-
C ments and certificates in re ord
book _ Page_. & �. In
lv '� witness whereof, I have hereunto
set my hand and affix d my seal of
seid court, this �14 day of
�C13 Y, 3 t �s
�
PERLY POWELL, CLERK �y�o9a �'�� tay� � , . � • t� � Dre.
MINZ`i,
MIGBE 667