Document Ex6z75D84JEG8J52Or8JBnD9x
EXCEPTION SCHEDULE
This is the Exception Schedule referred to in ARTICLE 4 of the Asset Purchase Agreement (the "Agreement") dated December 1 , 1987, herewith between Sloan Valve Company ("Buyer"), and NIBCO INC. ("Seller") for the sale and purchase of certain Purchased Assets as described in the Agreement.
The words and expressions defined in the Agreement shall have the same meanings in this Exception Schedule. The numbered captions used in this Exception Schedule are referenced to the captions and paragraphs in the Agreement.
SPECIFIC EXCEPTIONS
1. 14.03(b) Real Property.
Exception: With respect to the condition of title to the Real Property, Seller has good and marketable fee simple title to the Rea! Property except as noted by the survey and title binder as attached hereto.
2. 9.03(c) Real Property.
Exception: With respect to the physical condition of the Real Property and Improve ments, such are in good condition and repair except for the pavement in the parking lot and driveway, windows on north side of lunchroom, and ordinary wear and tear.
3. 9.03(d) Real Property.
Exception: With respect to the physical condition of the Personal Property, such is in good condition and repair except ordinary wear and tear which shall
NIBCO001166
include but not be limited to damages to personal property that is in good condition and repair at the time of closing but which is damaged as the result of the restart of operations by Buyer.
4. 4.03(0 Real Property.
Exception: With respect to maintenance contracts affecting the Purchased Assets, there are no maintenance contracts except for a typewriter maintenance agreement with a termination date of January 16, 1988.
5. 4.04(a) Contracts and Commitments.
.
Exception:
\
With respect to Seller not being a party, in reference to its ownership
or operation of the Purchased Assets, to any written lease or agreement
of any personal property owned by any other party involving in excess
of $5,000.00, Seller is not such a party to any agreement except for
agreements with Johnney Brock Excavating Landscaping, Inc. and
Miller-Newell Engineers Ltd. in Seller's remedial environmental effort to
comply with Consent Order dated March 12, 1987, between Seller and the
Arkansas Department of Pollution Control and Ecology. Seller is solely
responsible for the payment of all amounts due and owing under such
agreements.
6. 4,05 Litigation
Exception: With respect to there being no orders pending, involving or affecting the Purchased Assets, before any state governmental department, there are none except the Consent Order dated March 12, 1987, between Seller and the Arkansas Department of Pollution Control and Ecology.
NIBCO001167
7. 4.05 Litigation
Exception:
With respect to there being no proceedings pending, involving or affecting the Purchased Assets, before any state governmental department, there are none except the following Worker's Compensation claims:
Name James Wright Paul Brown Hartzel Watson Youles Clark D. C. Clark Otha Rowe Donald Neuhaus
Date of Injury June 17, 1986 June 20, 1986 June 10, 1986 October 29, 1986 April'2, '1987 July 24, 1987 August 10, 1987
Date of Filing June 19, 1986 June 23, 1986 July 14, 1986 November 3, 1986 April 3, 1987 August 7, 1987 August 24, 1987
Seller is solely responsible for satisfaction of such claims.
NIBCO INC.
By:
lts:
"SELLER"
NIBCO001.1.68
American Land Title Association Commitment - T966
COMMITMENT F0R TITLE INSURANCE ISSUED BY
tofeCO
Sanclily af Cnruracl
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COIVf^ANY, A Texas Jijprporation, herein called the Company,
for a valuable consideration, hereby confmits to issue its?, alicy or policies of title insurance, as
identified in Schedule A, in favor of the proposed Insured
in Schedule A, as owner or mortgagee
of the estate or interest covered hereby in the land describes .referred to in Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the isions of Schedules A and B and to
the Conditions and Stipulations hereof.
'
This Commitment shall be effectivehonlyz
amount of the policy or policies committed'
Company, either at the time of the lujaru'"
'' x
This Commitment is preliminary to'the-issuane'e ofjWcffc
liability and obligations hereundePsal c* ane'irn nut
or when the policy or policies oqmtgifted,:-for sha'lf issue''"'
failure to issue such policy or policik
I'll* h i t ut t
ofrthe proposed Insured and the served in Schedule A hereof by the unt ni by subsequent endorsement.
i policies of title insurance and all '6'hths after the effective date hereof pver first occurs, provided that the
Signed under seal for the Company' this Commijm^htcshall not be valid or binding until it bears an authorized/Chyntersignature
IN WITNESS WH&BEOF, Stewar' T tl i i r in'/ ^o >u i has caused its corporate name and seal to be hereunto affixed byjts duly authorized otfreers on the date shown in Schedule A.
-Jr wrlX?
Chairman of the Board
Countersigned by:
STHW'.VJJT TITLE
l. T tiUNIY I 1`HIMVY
--Ijfe; :
U. mSmsBmOi GO., INC,
City, State
President
NIBCO001169
005 Rev. 3/78 50 M 4/87
. ' i"
*.r ' J ;
*1 '
Commitment No,
*-
Your No.: .maem
Prepared For:
... .
^' *
schedule a
. . "- '
,
,,
Effective Date of Commitment:
BECKW8K8 23, IS#? 8sS!) A.lf,
.,
' Inquiries Should be Directed to:
'
mam mmm ass* amtm ftyry
8114 -mmmm. featl, Sutte 1-A kittle Bw*, Axtamm nm
1. Policy or Policies to be issued:
Dla) ALTA Owners Policy 1987
Proposed Insured: (b! p,,ALTA Loan Policy.
;
Proposed Insured:
Amount
2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee, Simple,
3. Title to said estate or interest in said land is at the effective date hereof vested in: . am* ,m mmm& \
4 The land referred to in this Commitment is located in the County of
State of
,,,, '
and described as
m. mst-met m mm mm mmm mm mm, a, m the w/mtmmsam*
m-M, omra
t?rmzL
otv woooaiN
2552 (Rev, 6/87J
COUNTERSIGNED BY: Agent
. PULASKI CQPNTY
COMPANY
Page 2
AGENTS PILE COPY
GOARANTY COMPANY
SCHEDULES
Commitment Number:
I. The following are therequirements to be complied with:\.
.
. -t. insteuments necessary to create the estateor.interestto be insured.mustfre properly executed, deliveredandduly.tiled-tor
record.-., . .
.
iml.rnmm't:
i, me., m mmmt immmrmm
effleer s$ mtM corporatism tfrily atafeortoed fry ptoywr
Iww* .a*
yeat$m gm
-title tn SLSUt MU ,-4M
fry m of the -
It.. Schedule 8 of the.policy or policies to beffs^ed wilt contain exi - disposed of to the satisfaction of the Company'
s to the following matters unless the same are
1. Defects, liens, enaLtoBrahces, adverse cfveAor>other matters, if lay, created:,.first appearing in fhepublic records or. : attaching subsequent to the effective dateVieraof but prior to the date the proposed Insured acquires for value of : record the estate orlnterest mortgage therJbnjovered by this Commitment.
. Z Standard Exceptions. a) Rights-of claims
i. ei ii itt in n,.i.n fmnrinpj, h.indy
nr other mattetswfriiih ivuulU be disclosed by an accurate survey
fui jumima, labor, or malorioihereto nr hereafter furnished, imp shown by the public records-
not
3. Special Exceptions:
(a) Taxes.
fr- tfi*s feme '1-98? B0 thereafter, vstoieit are -c y*rt 4e aad payable*
Of> Usatrietive etmemmu eent,*lel im tferrsaty Seeds ot nscMMl i* Book M9S, Paste 2i3; Book AA~9, Page 80; Bosk Mr9t Ease 93; <mt i ttotptatien fco Itewid 1 Sw>%, AA-42, Page 484, tec-ejnfe ttomtealt. Cswoty, Jgrkaaaaa.
(cl Bight of Bay fessesent i tmmr -of City of iMgwta* ft
n
lim, recorded to Book &&-I1, Page 21,6 and in. Book AA0, Page 641 record
t tawtrail County. Aylsws*#.
(d) Right Say Kaseweei tm faswr a* MAmmm
6a &bkwh&>
reetfed in Emik A&43-,
* m&mts at Soodrtyff ea*ty, ArifMiMS,
'
<> SAifets f tfe public mti others to a4 to timt perfctoa- of subject pmpetty eoaeria&g Sfcata Wskwy lo wt parties of the ast. tot l.t, a s?K!o s ssnrwey fry Alia# ferry, at*d SMsenber 1?, 1987,
(fj Apparent Waaewat not *rf wwi i Caver of tieodraff Kieetric ewsporative CarpMnvtinti for a service Jim to serve this plant,
zws
I10M-8-87)
(g>- Peraiasiaa t 'hay Utter Live tm city el Augusta, filed la Book M~4i, Pago fr, reeerCe ef '-Wmlrnff Ceonty, Arkansas d natation to sal* Betsd,
--
.-." '
CwUM m next page
Paae3
STIiWART TITLE
uUAKxxrr comca.vy.
NIBCQ001171
CONTINUATION SHEET
NIBCO001172
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall Include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss dr damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be Only to the' named proposed Insured and such parties included under the definition of Insured in the form of policy dr polities committed for and only for actualloss' trxehrred in reliance hereon in undertaking in good faith fa} to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or fc) to:acquire or create the estate or interest.,br mortgage thereon covered by this Commitment. In no event shall such liability exceed the'amount stated in Schedule A for file policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of this form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
STEWART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252.
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Vo
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aoNvunsNi anil aod
1N31AIJ.IIAIIAIOO
I NIBCO001174
KNOW ALL MEN BY THESE PRESENTS:
That ITT Grinnell Corporation, a Delaware corporation,
acting by and through it3 President and Secretary, herein
after called "Grantor", for and in consideration of the sun
of One and 00/100 ($1.00) Dollar, and other good and valuable
considerations, to it in hand paid by NIBCO, Inc., an
Indiana corporation, hereinafter called "Grantee", the
receipt of which is hereby acknowledged, does hereby grant,
bargain, sell and convey unto the said Grantee, and unto its
successors and assigns forever, the following described
: 1 land lying in Woodruff County, Arkansas, to-wit:
All that part of the East Half (E%) of Section Six (6), Township Seven (7! North of the Base Line, Range Hires (3) West of the Fifth Principal Meridian, lying North of the right of way of the Missouri Pacific Railroad Company and South and West of Arkansas State Highway NO. 33, containing 102.95 acres, in woodruff County, Arkansas, subject to Right of way Easement from Augusta Corporation to the city of Augusta, dated July 23, 1962, subject to Right of Way Easement from Augusta corporation to the City of Augusta dated April 17, 1963, subject to an Industrial Track Agreement between Grinnell Corporation and Missouri Pacific Railroad Conpany dated March 24, 1965, and subject to such other restrictions, covenants, easements, and agreements of record.
TO HAVE AND TO HOLD the same unto the said Grantee,
and unto its successors and assigns, forever, together with
Filed for Record
"7^
all improvements thereupon and appurtenances and heredita ments thereunto belonging.
And Grantor hereby covenants with the said Grantee,
its successors and assigns, that it will forever warrant
and defend the title to the said lands and improvements
against all claims whatever.
The above-described real estate is conveyed to be used
for industrial, commercial, and related purposes and not for agricultural or horticultural uses.
IN WITNESS WHEREOF, the said ITT Grinnell Corporation.
a Delaware corporation, has caused these presents to be
signed by its President, attested by its Secretary, and its
corporate seal to be affixed, all pursuant to authorization
and direction of its Board of Directors, on this
-^day
of April, 1974.
ITT GRINNELL CORPORATION
By. (***&*
President
ATTEST: '
NIBCO001176
CORPORATION ACKNOWLEDGMENT
STATE OP RHODE ISLAND COUNTY OP PROVIDENCE
BE XT REMEMBERED, that on the
C>~day of April,
1974, before me, the undersigned Hotary Public, personally appeared W. R. Hartman and D. D. MeKenney, who acknowledged themselves to be the President and Secretary, respectively, of ITT Grinnell Corporation, a corporation, and that they, as such President and Secretary, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by themselves as President and Secretary.
IH WITNESS WHEREOF, I have hereunto set my hand and seal as such tfotary Public.
My commission Spires
___ -yp,
STATE OF ARKANSAS COUNTY OF WOODRUFF
I HEREBY CERTIFY THAT THIS INSTRUMENT YWS
FORRECOROW
MY OFFICE THE 23,,..DAY <X.(Kf1k' -Vi-LiL-- HOUR AND THE SAME IS NOW DULY RECORDED IN RECORD BOOKUlXLZsLx.
IN TESTIMONY WHEREOF, I HAVE SET MY HAND AND AFFIXED THE^
SEAL OF SAID COURT THIS.----Ul--DAY 0F_
... i- 19
IW
BY...
NIBCO001177
4(U
>* pra.**r*.o<
AUGUSTA TITLE COMPANY
AUGUSTA. ARKANSAS
Richard T. Conner and Mary Conner, wife
KIND OR INSTRUMENT
OATE0
FI LEO TOR RECORD
Warranty Deed
10/31/ 1961
11/1/1961
ACKHOWUCDOMCHT
10/31/1961
BOOK
AA-9
PASS
80
To
Augusta Industrial Development Corporation
GRANTING WORDS
______grant, bargain, sell and convey
COVENANT
regular
CONSIDERATION
released
17,721.25
Conveys!
Our undivided l/h interest in and to
All that part of E of Section 6, T 7 , H 3 M lying North of the Right-of-way of the Missouri Pacific Railroad Company and South and West of Arkansas State Highway #33, containing 102.95 acres, more or less.
Recites:
Grantee will release and relinquish any right to crop allotments on said lands under government agriculture regulations. Lands to be used for industrial, commercial and related purposes and not for agricultural and horticulture uses.
8 Z H )p O O O a iN
$ &PAGE NO.
--co..umfoc
AUGUSTA TITLE COMPANY
AUGUSTA. ARKANSAS
Richard T. Conner and Mary Conner, wife
KIND OP INSTRUMENT
DATED
PI LSD FOR RECORD
Warranty Deed
10/31/ 1961
11/1/1961
ACKMOWLKBS WENT
10/31/1961
BOOR
AA-9
BAOS
80
To
Augusta Industrial Development Corporation
GRANTING WORDS
grant, bargain, sell and convey
COVENANT
regular
DOWER
released
CONSIDERATION
*7,721.25
Conveys:
Our undivided l/k interest in and to
All that part of B| of Section 6, T 7 N, R 3 W lying North of the Right-of-way of the Missouri Pacific Railroad Company and South and West of Arkansas State Highway #33, containing 102.95 acres, more or less.
Recites:
Grantee will release and relinquish any right to crop allotments on said lands under government agriculture regulations. Lands to be used for industrial, commercial and related purposes and not for agricultural and horticulture uses.
NIBCO00ll79
PASS NO.
m
AUGUSTA TITLE COMPANY
AUGUSTA. ARKANSAS
E. Cornelius Conner and Delrena Conner, wife} Laura Conner Massey and Ara Pat Hutchins
To
Augusta Industrial Development Corporation
KINO or INSTRUMENT
DATED
FILED POR RECORD
Warranty Deed
11/1/ 1961
11/8/1961
ACKNOWLEDGMENT
.
11/1/1961 ll/U/1961 11/3/1961
SOOK
AA-9
FACE
93
SftANTtNO WQftOC
grant, bargain, sail and convey
COVENANT
regular
OOWSfT
released
CONSIDERATION
$23, 163.25
Conveys!
All that part of Ef- of Section 6, T 7 S, B 3 Tying North of the Right-of-way of the Missouri Pacific Railroad Company and South and West of Arkansas State Highway #33, containing 102.95 acres, more or less.
Recites:
Grantee will release and relinquish any right to crop allotments on said lands under government agricultural regulations. Lands to be used for industrial, commercial and related purposes and not for agricultrual or horticulture uses.
NIBCO001l80
S*PAGE NO
W.*T.gQ.. tltTUIMI
AUGUSTA TITLE COMPANY
AUGUSTA. ARKANSAS
/
E. Cornelius Conner and Delrena Conner, wife; Laura Conner Massey and Ara Pat Hutchins
To
Augusta Industrial Development Corporation
KtMO OP INSTRUMENT
DATED
rtUEO FOR RECORD
Warranty Deed
U/i/ 1961
11/8/1961
ACXHQWUDSMCNT
_
11/1/1961 ll/U/1961 11/3/1961
BOOK
AA-9
RACE
93
SftANTING WORDS
grant, bargain, sell and convey
COVENANT
regular
cower
released
CONSIDERATION
$23, 163.25
Conveysi
All that part of E| of Section 6, T 7 N, R 3 W lying North of the Right-of-way of the Missouri Pacific Railroad Company and South and West of Arkansas State Highway #33, containing 102,95 acres, more or less.
Recites:
Grantee will release and relinquish any right to crop allotments on said lands under government agricultural regulations. Lands to be used for industrial, conanercial and related purposes and not for agricultrual or horticulture uses.
NIBCO001181
S*PAGC NO.
sew
NOTATION TO DEED
Notation is made to a warranty deed recorded April 29, 197.4, ' in deed book AA23 page 233 of Woodruff County, Arkansas, deeding
ITT Grinnell Corporation, a Delaware corporation, to NIBCO INC., an Indiana corporation, the following described land lying in Woodruff County, Arkansas, to wit:
All that part of the East Half (El/2) pf Section
Six (6), Township Seven (7) North of the Base
Line, Range Three (3) West of the Fifth Principal
Meridian, lying North of the right of-way of the
Missouri Pacific Railroad Company and.South and
West of Arkansas State Highway No. 33,'containing
102.95 acres, in Woodruff County, Arkansas,
subject to Right of Way Easement from Augusta
Corporation to the City of Augusta, dated July 23,
1962, subject to Right of Way Easement from
Augusta Corporation to the City of Augusta dated
April 17, 1963, subject to an Industrial Track
-
Agreement between Grinnell Corporation and
Missouri Pacific Railroad Company dated March 24,
1965, and subject to such other restrictions,
covenants, easements, and agreements of record.
IN ACCORDANCE WITH 40 CFR 264.120, as adopted in the Arkansas Hazardous Waste Management Act of 1979, notice is hereby provided and to be recorded as such, that:
(1.) Said real estate has been used to manage hazardous wastes; and
_Trm*,..........
- i 0 19Q3 'A " ' " *' ' ''
13.14.41
NIBCO001182
1 I
(2*) The further use of said real estate is restricted under
40 CFR 264.117(c) as adopted in the Arkansas Hazardous
Waste Management Act of 1979.
.
IN WITNESS THEREOF, NIBCO INC., an Indiana corporation, has caused these presents to be signed by its President, attested by its Secretary, and its corporate seal to be affixed, ail pursuant to authorization and direction of its Board of Directors, on this
day of September, 1983.
Attest:
NIBCO INC.
By~"
Pres/Ldent
em ooooaiN
13.14.41
t )
- -"*3$
,68ti
CORPORATION ACKNOWLEDGEMENT
STATE OF INDIANA COUNTY OF ELKHART
. 2nd
.
BE IT REMEMBERED, that on the .
. day of September,
1983, before me, the undersigned Notary Public,'- personally
appeared James E. Hostetler and Thomas L. Eisele, who
acknowledged themselves to be President and Secretary,
respectively, of NIBCO INC., a corporation, and that they, as
such President and Secretary, being authorized so to do, executed-*1*
the foregoing instrument for the purposes therein contained, by
signinc the name of the corporation by themselves as President and Secretary,
IN WITNESS THEREOF, I have hereunto set my hand and seal as such Notary Public.
NIBCO INC.
j
My commission expires
RAMONA J, JAKAS nomr unc sjate of Indiana
: EKHARTCO, mKBMAMWBW OmHB-OS-,-5' WiU-
ISSWD 1*U INDIANA NOim ASSOSt
13.14.41
Filed for record the 13 day of September, 1983 at 8 A. M. and recorded 'the 13 day of September, 1983.
Forrestine Taggart, Clerk
By.ct.
D.C.
I ,1
*
NIBCOo0l184
NIBCO001185
CcO
?<2_ c>
RIGHT OF WAY BASEMENT
For and in consideration of the sum of One and 00/200 l$l,0Q) Dollar 'cash in hand paid, the receipt of which is hereby acknowledged, R.J. Hara
lson and Christine Haralson, his wife; and John D. Eldridge and Carra V. Eldridge, his wife, hereinafter called "Grantors", do hereby grant to the City of Augusta, a municipal corporation, its successors and assigns, here inafter called "Grantee", the right to lay, maintain, operate and remove a pipe line or lines and appurtenances for the transmission of water, with the right of ingress and egress to and from the- same, over, through, upon, under and acrosx the following described lands in the City of Augusta, Woodruff County, Arkansas* to-wit:
A strip of land Ten (10) feet in width running East and West parallel to and 31*0 feet South of the Canter Line of Arkansas ^tafce Highway Ho. 33 over and across the following described land:
All that part of the *ast Half of the Northeast Quarter (E& NE) lying North of the Missouri Pacific Railroad in Section Six (6), Township Seven (7) North, Range Three
(3) West.
It is agreed and understood that the pipe line to be laid under this grant shall be..constructed and maintained below culitvation depth, so that the Grantors may fully use and enjoy the premises, subject to the rights of the Grantee to maintain and operate said line.
" This agreement shall be binding and inure to the benefits of the
heirs, devisees, administrators, executors, sucessors or assigns of the
parties hereto.
It is understood that the Grantors comteraplate the location of a
subdivision of the City of Augusta on the land occupied by this easement
and this easement is granted with the express right retained by the Jrantors
to locate streets, alleys or other improvements on the property granted
by this easement, provided, however, that the Grantee shall have the
right to acess tothe water line for purposes of maintenance, replacement
or repair.
. . ..
% The Grantors further reserve th'right to make any taps on the water
Win for commercial and residential faes for themselves and for their.
>'assigns, and for industrial uses so Tong as the requirements of the indus
trysought to be located do not jeopardize the contract of the Grantee with
the Augusta Corporation,
Signed this l8th day of December, 1962.
.
R.J. HARALSON CHRIST OB HARALSON
JOHN D. ELDRIDGE CARPA W. ELDRIDGE
ACKNOWLEDGMENT
STATE 0? ARKANSAS
'
COUNTY OF WOODRUFF
.
_
,,,
,,.
On this day personally appeared before the undersigned, a Notary
Public in and for the county and state aforesaid, duly qualified and
acting, R.J. Haralson, Christine Haralson, his wife: and John D. Eldridge
and Carra W. Eldridge, his wifej to me well known as the grantors in the
foregoing conveyance and stated that they had executed the same for the consideration, uses and purposes therein mentioned and set forth.
WITNESS ray hand and seal as such Notary Public on this loth day of
December, 1962.
My commission expires: 11-22-614. (SEAL)
KATHRYN PEEBLES NOTARY PUBLIC.
Filed for record on this 21 day of December, 1962 at 10 A.M. and recorded
this 21 day of December, 1962.
-
<Z*/
u
RIGHT 0? WAY EASEMENT
For and in consideration of the sum of One and 00/100 ($1,00) dollar cash In hand paid, the receipt of which is hereby acknowledged, Augusta Corporation, an Arkansas Corporation, acting by and through its duly authorized officers, hereinafter called urantor, does hereby grant to the
City of Augusta, a municipal corporation, its successors and assigns, herein after called Grantee, the right to build, maintain, operate, inspect and
energize an electric transmission line and appurtenances thereto for the transmission of electricity with the right of ingress and egress to and from the same, over, through, upon and across the following described lands lying in Woodruff County, Arkansas, to-wit;
A strip of land Ten Feat in width with the center of said strip described a3 follows:
Beginning at a po'nt 340 feet south of the
intersection of the ^ast line of the ^ast Half of the Northeast Quarter (Ej NE-|) of... Section Six (6), Township Seven (7) North, Range Three <3) West, with the center line of Arkansas State Highway No. 335 thence East 40 feet; thence South to a point 40 feet North of the right of way of the Missouri Pacific Railroad; thence East to a point due South of the factory building owned by the Augusta Corporation; thence North to said building, the above being in and a part of that part of the *ast Half {E|) of Section Six (6), Township Seven (7) North, isange Three O) West lying South . and West of Arkansas State Highway No. 33 and North of the Missouri Pacific Railroad
Company.
.
It is agreed and understood by the parties hereto that the Grantor may fully use and enjoy the premises subject to the rights of urantae to maintain and operate said transmission line as set out heretofore.
* This agreement shall be binding and inure to the benefit of the heirs, devisees, administrators, executors, successors or assigns of the parties hereto.
i Sauted this 17th day of April,.11963. j|ugusta Corporation
ATTEST;
.
Roger T. Clapp, Secretary
ly: C. H. Rison, Treasurer
This instrument prepared by George
Eldridge, Attorney, Secretary
CORPORATE, ACKNOWLEDGMENT
STATE OF RHODE ISLAND
COUNTY OF PROVIDENCE
BE JX REMEMBEi.LD, that on this 17th day of April, 1963, before me, the undersigned Notary rubllc, personally appeared C. H. Rison and Roger T. Clapp, who acknowledged the-selves to be the trasurer and -ecretary, respectively, of Augusta Corporation,! and that they, as such President and Secretary, being authorized so to- do, executed the foregoing instrument
for the purposes therein contained, by signing the name of the corporation by themselves as President and Secretary.
IN WITNESS WRE.EOP, I have hlr-eunto set my hand and seal as such
Notary Public.
-
'i* '
My commission expires; June 30, 1966.
Inez Lopsey, Notary Public .
Filed .for record on the 23 day of April, 1963, and recorded on the 23 d,v
April, 1963.
' 87
NIBCO001186
m ARKANSAS LOUISIANA GAS COMPANY
47410
FOR AND IN CONSIDERATION Of the sum QF?e_and OVC- - - ---------------------------------- -
TO US IN HAND PAID. RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE UNDERSIGNED GRANTOR (WMF THE ft ONE
OR MORE) WHOSE ADDRESS IS
.................................. Augusta, Ar, ?5006......... ............................... ............
... DOES HEREBY GRANT TO THE ARKANSAS LOUISIANA GAS COMPANY. A OIVISION OF ARKLA INC.. A DELAWARE CORPORATION, ITS SUCCESSORS. OR ASSIGNS, THE RIGHT OF WAY TO LAY. MAINTAIN. ALTER, REPAIR, OPERATE, REPLACE. CHANGE THE SHE OF AND REMOVE PIPELINES FOR THE TRANSPORTATION OF OIL OR GAS. OR PROOUCTS OF OIL OR GAS ANO TO CONSTRUCT METER HOUSES AND OTHER APPURTENANCES, INCLUDING CATHODIC PROTECTION FACILITIES WITHIN SAID RIGHT OF WAY, IF THE SAME SHALL BE FOUND NECESSARY ON, OVER AND THROUGH CERTAIN LANDS SITUATED IN COUNTY OF Woodruff__________________________
STATE OF ARKANSAS, DESCRIBED AS FOLLOWS :
A strip of land 40* wide across part of the SW/4 of the NE/4 and the Wi/4 of ths
TJE/4 of Section 6, T-7-N, R-3-W, as described in Exhibit "A" attached.
:
*n1Q
(iSf Wcn IS aMz< s 5* <to %* ?5 3 33 38 S
*~ o<s JwZ
DCT -jl co,. AU "tM
Right of Nay io to be left in a clean and orderly condition,
.
WITH INGRESS AND EGRESS TO AND FROM THE SAME. THE SAID GRANTOR_____ _ HEIRS OR ASSIGNS. TO FULLY USE AMO ENJOY THE SAID PREMISES EXCEPT FOR THE PURPOSES HEREINBEFORE GRANTED TO THE SAID GRANTEE, WHO HEREBY AGREES TO PAY ANY OAMAGES WHICH MAY ARISE TO TIMBER. CROPS AND FENCES FROM LAYING. MAINTAINING AND OPERATING SAID LINES. SHOULD MORE THAN ONE PIPELINE BE LAID UNDER THIS GRANT AT ANYTIME THE SAME CONSIDERATION SHALL BE PAID FOft EACH LINE SO LAID AS WAS PAID FOR THE FIRST LINE LAID.
GRANTOR REPRESENTS THAT SAID LANDS ARE RENTED OR LEASED TOBobby BoVOR_________ _______ _
Augusta, At, 72006
WHOSE ADDRESS isRF33 #2^ Box too J *
AND WE,NI3C0 INC,____________________________ ______________ ;
MMWttwnrilWWt, FOR THE CONSIDERATION AFORESAID, DO HEREBY RELEASE. RELINQUISH AND QUITCLAIM
UNTO ARKANSAS LOUISIANA GAS COMPANY ALL OUR RIGHTS OR POSSIBILITIES OF DOWER, CURTESY AND HOME >
STEAD IN AND TO SAID RIGHT OF WAY.
^
IN WITNESS WHEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS ANO SEALS, fm< 33 ""
DAY OF
________A.D. JpjLi,
LINE ITEM
RODS
jq.
____ 7
.
C-35261
NIBCO, INC.
j)--.'On '*H\ V--.
Gary D.McMurrx
'
'
Suaoa T. rul.
________________________(SEAL)
_______
H*tau
NIBCO001187
Hoffman-Brixey & Associates, Inc.
UU*01WlT04.a*W.TW0P*Ol*M _____
474 l(i
DESCRIPTION OP PROPOSED 0 FOOT RIGHT OP WAY FOR 4H INCH O.D. GAS PIPELINE JH-33 TO BE ACQUIRED PROM NIBCO, INC.
IN SECTION 6, TOWNSHIP 7 NORTH, RANGE 3 WEST WOODRUFF COUNTY, ARKANSAS
A strip of land 40 feet wide across the Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Northeast Quarter of Section 6, Township 7 North, Range 3 West, Woodruff | County, Arkansas, the centerline of said strip, as presently j staked, being more particularly described as follows:
j Beginning at a point 1933.0 feet West of the East line of
s! said Section 6 and 3693.4 feet North of the South line of said
j Section 6, said point being on the Northerly right-of-way line | of a Missouri Pacific Railroad;
THENCE North 01*55 East, 480 feet to a point 1924.5 feet West of the East line of said Section 6 and 4173.9 feet North of the South line of said section 6, having a total centerline length of 480 feet or 29.09 rods and contains 0.44 acres of Right of Way to be acquired.
The right of way lines on each side of the above described centerline are to be extended or shortened so as to terminate at the property lines.
DATED:
Ivan L. Hoffman, Registered Land Surveyor Ark. Reg. No. 663
September 8, 1983
NIBCO001188
PERMISSION TO LAY WATER LINE
KNOW ALL MEN BY THESE PRESENTS;
/
THAT NIBCO, INC., fox good and valuable consideration,
the receipt of which is hereby acknowledged, does hereby
grant, bargain, sell and convey to CITY OF AUGUSTA, WOODRUFF
COUNTY, ARKANSAS, and its heirs and assigns forever, the permission to construct and operate a four-inch"water line
across, through, and over the following land situated in
the County of Woodruff, State of Arkansas, to-wit:
A fractional part of the Northeast Quarter (NE) of Section Six (6), Township Seven (7) North, Range Three (3) West.
To have and to hold the same unto the said Grantee ^
and to its successors, heirs and assigns forever.
And we covenant with said Grantee that we will forever
warrant and defend the title to said land against the lawful
claims of any and all persons whomsoever.
WITNESS our hands and seals on this
lith
day of
February_________________ , '1983.
'
NIBCO, INC.
Gary Martin, Plant Manager
FRED hfgin Ocuit yjfric?l County, Auansas
FE8 16 8"
Ml Ml
t
NIBCO001189
n
ACKNOWLEDGMENT
STATE OF COUNT? OF
INDIANA EUCHART
)
') SS.
)
BE IT REMEMBERED, that on this day came before oe, the
undersigned, a Notary Public within and for the County
aforesaid, duly commissioned and acting Dmmlaa B. Jorgenson
and
Gary Martin__________________________
who acknowledged themselves to be the Secretary/Treasurer
and
Plant Manager respectively, of NIBCO, a
corporation, and that they as such
Douglas B. Jorgenson
and Gary Martin, being authorized to do so,
executed the foregoing instrument for the purposes therein mentioned, by signing the name of the corporation by them selves as Secretary/Treasurer and Plant Manager.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal as such Notary Public on this
day of
February________________
, 1983.
' . i'-iy'i
NOTARY PljBL^
My Commission Expires: . * RAmONA JlAKAB
UOTASY PWIIC STAYS Of INDIANA
----------------------- -- ELCWRT CO -
. MY COMMISSION tXPJPiS OCT '5 1934 (SEAL) |esn|5 trt*U INDIANA NOTARY ASSOG I
t .u
Ramona J. Jakab
Filed for record the 16 day of February, 1983 at 2 P. M. and recorded the 16 day of February, 1983. Forrestine Taggart, Clerk ByD. C.
NIBCO001190
aa
STATE OF
L-rf-W.vy-Z^
of iMJLd
BE IT REMEMBERED, That on this day came before me, the undersigned,
a Notary Public within and for the
and State aforesaid, duly
commissioned and acting,
A9. 4yfc
. l/uu,
~ 3~J^a^utj
rGLUi^. xkdL
to me ^eXl Known as grantor____
. in the foregoing''instrument and ac Knowlegged that
_______ had executed
the same for the considera tion and purposes therein B&ntioned and set
forth.
WITNESS MY HAND AND SEAL as such Notary Public on this *Z3 _day of
My Commission Expires: Jsan L Vsndar Raydon
Ky C3^-<:?iicB ExflTO April 27,10S7
7/ NOTARY PUBLIC
STATE OF PARISH
LOUISIANA
m
of CADDO
t
^
j
.
.
ON this day, before "me, the undersigned, a Notary Public, duly com
missioned,' qualified and acting, within and for said Parish
and State,
appeared in person the within named G, V. Jones, Jr.
and Mary W. Lambert
to me personally well known, who stated
that they were the Vice Presidentand Assistant Secretary
of ARKANSAS LOUISIANA GAS COMPANY, a corporation, and were duly authorized in their respective capacities to execute the annexed and foregoing instru ment for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said fore going instrument for the consideration, uses and purposes therein mentioned
and set forth.
.
IN TESTIMONY WHEREOF, I have hereunto set ray hand and official seal
this 18th day of October ______ 1983
.
My Commission Expires: with life.
' 7? - NOTARY PUBLIC Judith B, Burroughs
NIBCO001191
Surface Lc.ijiu Pane -3-
Hoffman-Brixey & Associates, Inc.
t*Ko subviyom consuuwg sNouaauotss c"~*-- Co--*, 1--ml IVt V-- k--. AA-- t4400ll--44l>N+-UMM
exist. Railroad Spur
' io 'Grave/ A cel rfd.
/V/ 3 c Of / N C.
-W-
X-- LrtS=<SR8Q`o' s'6 30.0-
O.OZ Fleet
0
-J--/--i-r-eW M--a--d. Watar Line
/"-3o`
sSs&a+SS
t COL
/
55 (Poi.nt of V} eO ) a<*9'
1...... '..
/S'
WOT 30.0'
,3S'
(303. S_________
X, Qro/reo $eu/c ^ 3 7'
XTCAUTION' O'fid. Pu/r. L/fit 6uy Ooujn
S Corner
5.
T IN, Pj N
Part of the Northwest Quarter {NW$g) of the Northeast Quarter (NE%) of Section 6, Township 7 North, Range 3 West, Woodruff county, Arkansas, more particularly described as follows:
Beginning at a point 4,178.3 feet North of the South line and 1,909.5 feet West of the East line of said section 6? thence N8805'W, .30.0 feet; Thence N0l55,S, 30.0 feet; thence S88*05*E, 30.0 feet; thence SC155'W, 30.0 feet to the point of beginning, containing 0.02 acre, more or less.
Filed for record the 25 day of October,
the 25 day of October, 1983.
Forrestine Taggart, Clerk
By_____________________
D.C.
1983. a.t.-l.-.'g.--,K....and..recorded..Oms Co
p/at Shomtrig
Proposed 30'* 30' Meter Lot /n section O, T 7 H, R 3 W
WOOQRUFF COUNTY,
Date;3/S/Si Scale : /".SO'
Pro, Su : A.P
ZSI400009IN
AA^
SURFACE LEASE
Tina LEASE MADE AMD ENTERED INTO THIS 23 day of
LEO 'v uin CETSNA P. O H: < 5t>0.2 LITTLE ROCK AR 72? J5 PH: 501 / 227-8556
September
19 83 ,, by and between SIBCO, Ino. ~ Augusta Division________________________________ ,
whose Address is P-0.
Augusta,, Ax 72006 _________ _'tl
hereinafter called "LESSOR", and ARKANSAS LOUISIANA CAS COMPANY, a division of ARKLA,
INC., a Delaware corporation, hereinafter called "LESSEE",
.
WITNESSETH THAT: 1. LESSOR in consideration of the rents and covenants hereinafter
mentioned, docs hereby lease and let unto LESSEE all of that certain tract of
land situated in
Woodruff County, Arkansas., to-vit:
10' X 30' METER LOTi In th. KV/4 of tho NB/4 of Sootlon 6, T-7-H, R-J-V, aa shown and described in Exhibit "A" attaohed.
IS vVu-w'J.- Csj.uy,
0072^1983
;.................... -.1
` ji/wliLi J. v.-4>u
This lease shall extend for a period of Twenty . ( 20 ) years from
this date, for which ARKANSAS LOUISIANA GAS COMPANY has paid to LESSOR as advance
rental the sun of
One hundred and'-OO/lOO______ j
( $ 100.00---------------------- ) DOLLARS, the receipt of which is hereby acknowledged. It
is agreed that this lease can be continued in force and effect for an additional
period of hundred
Twenty
( 20 ) years by payment of the sum of
One
($ 100.00-- -- -- ) DOLLARS to the LESSOR at his last known
mailing address to LESSEE prior to expiration of the primary term of
Twenty______
years of this lease. 2. The above described tract of land is hereby leased and let to LESSEE
*ub.}ct to the terms and conditions herein set forth for the following purposes,
-wit: (a) For the purpose of cons true fin}*,, maintaining and operating threon
0 Meter
_______ ____ _________________ lot and related
focJUUM Jn connection tUcivwIUi.
or face Leone
.ease #26073 JO #0-35261
NIBCO001193
(b) LESSEE, its succKaauiH euu uutfittiitf, **te*lX have che right of
possession of said premises at any and nil times during the terra
of this lease, together with the right of ingress and egress for the
purposes of this lease.
,
(c) LESSEE shall have the right to fence said premises and to enclose
' above-ground facilities within small all-metal buildings if necessary.
(d) .It is understood and agreed that all buildings, equipment, and other property placed upon said premises by LESSEE under the terms of
this lease shall be and remain the property of LESSEE unless as for
feited as herein provided, and LESSEE may at any time, or times, before,
at or within a reasonable time (ndt exceeding six months) after termina
tion of this lease, remove from said premises all property of whatsoever
nature said LESSEE may desire to remove. '
4. LESSEE further agrees to save and hold LESSOR, its employees, agents and
contractors harmless from any and all responsibility arising out of or connected with
its operations on the leased premises. 5. All of the terms, covenants and conditions hereof shall extend and apply
o the heirs, executors, administrators, representatives and assigns of each of the parties hereto. This instrument is made and accepted subject to any and. all ease
ments, rights of way, leases or servitudes of whatever kind which may be presently
in force affecting the property,
6. And ve,___HXBCO ISC
_______
e, for the consideration aforesaid, do hereby release, relinquish and
quitclaim unto LESSEE all of our rights or possibilities of dower, curtesy and home
stead in and to said, premises. IN WITNESS WHEREOF, this instrument is executed on this
' Q?
' ______ day of
19 83
.
fro o ikc .
q&w. />n,r
Viet. PA*dW7
ATTEST: "Hafy
AsMstalTC Secretory
K'ufuco Len::c
LESSOR
ARKANSAS LOUISIANA GAS CQVrANY, n division
uf AKKLA, XKC. iu \ I
H
Byf~T-
0. V, jQ\\vn>Jy., VJ c cik'cold on t
,
f *'
Lr.SP.EK
wp
XNDJS1KIAL TRACK AGRFPH '..
r'i
. lupl a ' March.?.- A . .'I f ' <J+"*^'i: v 19 b5 ,' ar."N. 11 i" ijv-A*V*-r*'i coinoratio.i . i\,.-. l.ot.'i;^.;'.1.^#-^ L-3 -V
l- .U..2T- Uj -u* u**u., O.*
-"-
- ,T
> -
-.
I-
< .La ore roadbed to be provided bg Shipper., Carrier *=aEaSluppfr o r
a 'l co"lorm to Carrier's current requirement, standards and pprraa^c.taice., for inda -r`
,*
Wfs
&
?MA, ,<`
^'A- * ' `ca <:':* :
m k'm^smisds&m
2. Carrier may use Switch when p>. .. ,....._ .......... *. r..!v.s.-r.i..'.--.,-i^.t-r,5^v. .K".-tftkjjS.*j^t*-- 'p^v.i'.at Carrier's' 'c o'*s*'t. ShipperJ,-Cartrrtf ShQiTptsprweirtt'vs*'llat .QVit er of Switch in good pirating; condfiistion kricl'provMe(smjfthing requiredby fcwr for protection c '
t.w.vv.,j` fb Switch, ^Shipper? at Shipper's'Cist, shall adjust Switch to any Stfditionai ttlclcs-iSstaBeglb^. pr|'of pfraiiges desired by Shjpper for the benefit or convenience of Shipper. Jfany adjustriiejtti^SwSdi']
m-hc'jmprc^ement work reaped by governmental authority Shipper shall bear the cost of idjusting that1
Jamfeh&ncfidf which & assumed by Shipper. Carrier on Shipper's written request mayLslg^at SfShipper, ft required of Shipper hereunder(and Slipper on request shall deposit with Carrier in advance estimated cost tl imdefthis'a^feemeftt fie less thah'Cifrier's cost. Shipper shall pay difference'; if more, Carrier shall repay difference/ Shippe pay Carrier's customary charges for labor, materials, equipment and supplies, and for handling, accounting arid sUperVism:
..
.'
3. Shipper shall not erect or maintain, or "
'
'
'
-
''
`"
store, or allow to be placed or stored material,
______ . .
..
.
than those prescribed by competent public authority; and in no event shall any such building, structure, fixture, rr.ater.ai, equip
ment or obstruction be erected, maintained, placed or stored at a height less than '
twenty-five feet above near,-
rail, or at a distance less than
' `eight and one-half feet from the center line, of Switch; provide,'
(i) the overhead minimum clearance of wires shalt be in accordance with specifications of the current National Electrical SaAi-
Code, and in no event less than twenty-seven feet above nearer rail of Switch, (ii) the horizontal minimutti clearance with rgsj .
to curved tracks shall be increased ohc^alf inch for each degree of curvature, and (iii) loading platform of car floor height
be constructed with a horizontal clearance which is not prohibited under clearance regulations established by ebmpEter.t :
authority and which shall have the approval of Carrier's Chief Engineer. Shipper assumes full responsibility for, and shall del;;
indemnify and save harmless the Carrier from and against, any and all liability, suits, claims, damages, costs (including attorn,:; `
fees), losses, outlays, and expenses in any manner caused by, arising out of or connected with,the failure or refusal of Shipper
Comply with, observe or perform any of the provisions of this paragraph 3, notwithstanding any possible negligence (whether s;'.
concurrent or otherwise) on the part of Carrier, its agents or employes. ..
'
CC,v i... 'a*,.
w t'O o o a a iN
