Fill and Sign the Street Easement Form

ROADWAY AND STREET EASEMENT STATE OF MISSISSIPPI COUNTY OF       FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid, and other good and valuable consideration, the receipt, sufficiency and adequacy of all of which is hereby acknowledged, we, the undersigned       and wife ,       , of       ,       , Mississippi       (601)       -       , do hereby sell, convey and transfer unto the CITY OF       , MISSISSIPPI , P. O. Box       ,       , Mississippi       (601)       -       ) an irrevocable perpetual easement for public roadway or street purposes over and across the property lying and being situated in       County, Mississippi, and more particularly described in Exhibit       and shown in Exhibits       and       attached hereto and made a part hereof by reference. In the event the City of       determines to build a roadway across the area lying and being situated in       County and more particularly described as stated above, then as part of the consideration for the described property the City shall expend necessary funds to pay for a survey and shall employ and pay for all preliminary engineering studies and analysis to determine feasibility of constructing a "major thoroughfare" class public road within the selected right of way. Nothing herein, either express or implied, shall be deemed to require the City of       to undertake such action should the City determine that such action is not in its best interest. This easement is subject to all easements and right of way of record in the office of the Chancery Clerk of       County, Mississippi. It is understood and agreed that in the event the City determines to build a roadway on and across the above described property, then this easement shall give and convey to the Grantee herein the right of ingress and egress upon the lands above described for the purpose of the location, construction, maintenance, use, installation, removal and repair of roadway and drainage improvements. It is further understood and agreed that the description of the property herein described as 1 the "selected right of way" upon which this Easement has been granted was done without the benefit of a survey. It is further understood that should the City of       decide that it is in its best interest to build the aforesaid roadway and decides to expend the necessary funds to pay for a survey and to employ and pay for the preliminary engineering studies and analysis to determine feasibility of constructing a "major thoroughfare" class public road within the selected right of way that the Grantors herein will grant an easement on such portions of land not previously described as the "selected right of way" as is necessary to allow the City to construct said roadway on and along the "preferred route line" as established by the survey and engineering studies. In the event the "preferred route line" differs from the previously described "selected right of way" the City will reconvey any rights to those portions of property not comprising the "preferred route line" to Grantors. It is further understood and agreed that the consideration above mentioned shall be in full settlement of all claims, grants or rights of action accrued, accruing or to accrue to the Grantors herein. It is further understood and agreed that unless the City has caused Engineering Designs, Plans and Specification to be prepared, has received or applied for necessary Permits from appropriate regulatory agencies, has appropriated funds for the initial phase of construction, and actual construction of said roadway is commenced by       , (or the City has taken good faith actions toward the above) or within five (5) years of the actual beginning of construction of the new bridge to be built by others across the       in the vicinity of       in       , Mississippi, and road to also be built by others connecting this new bridge to the entrance to the       , said new road to run along or near the east/west-north/south ern boundary of the City of       , whichever is the longer period of time, the title to said property which may be conveyed pursuant to this Agreement shall, upon written demand revert to the Grantor herein or its successors in title. In the event the City determines that building the aforesaid roadway is in its best interest, the City shall bear all costs and expenses in constructing and maintaining said roadway, 2 including but not limited to the cost and expense of the survey, and preliminary engineering studies, and all recording and legal fees. It is specifically understood and agreed by and between the parties hereto that the Grantors shall not be taxed for any portion of the lands conveyed herein nor shall the Grantors be assessed for taxes, or otherwise, for any of Grantors’ lands adjacent to said roadway over and above taxes assessed against other lands in the general area. In the event the City determines that building the aforesaid roadway is in its best interest as a part of the consideration above recited, Grantee agrees to replace or relocate any fences, mailboxes, utilities or other structures within the above described easement which are necessary to move as a result of the construction project. Grantors herein reserve all oil, gas, and minerals now owned by them on, in and under said land. WITNESS OUR SIGNATURES, on the       day of       ,       .             STATE OF MISSISSIPPI COUNTY OF       PERSONALLY CAME AND APPEARED BEFORE ME, the undersigned authority in and for the jurisdiction aforesaid, the within named       and       , who, acknowledged to me that they signed, sealed and delivered the foregoing instrument for the purposes therein stated on the date therein set forth. GIVEN under my hand and official seal of my office on this the       day of       , 20       .               NOTARY PUBLIC My Commission Expires: 3