HomeMy WebLinkAboutSP-22-020 - Supplemental - 0039 Bowdoin StreetEASEMENT DEED
KNOW ALL PERSONS BY THESE PRESENTS, that NORTHEAST TERRITORIES, INC., a Vermont corporation with a place of business in Burlington, County of Chittenden and State of Vermont (“Northeast
Territories”), in consideration of the sum of Ten and More Dollars paid to its full satisfaction by ___________________________, a ____________________ with a place of business in __________________
_____________ (the “Abutter”), by these presents does freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto the Abutter, ____________________________________, and its successors and assigns
forever, a certain access easement over a parcel of land located in the City of South Burlington in the County of Chittenden and State of Vermont (the “Easement”) described as follows,
viz:
Being an easement twenty-five (25) feet in width for the Abutter and its successors and assigns to construct, reconstruct, maintain and replace at its sole cost and expense, a driveway
for access, which is depicted as the “Proposed 25’ Access Easement for the Benefit of Combined Lots 8-9 to the North (Currently Homeland Security Office)” (the “Easement Area”) on a
plan entitled: “Proposed Conditions Overall Site Plan” prepared by Civil Engineering Associates, Inc. dated April 7, 2022, last revised October 14, 2022 and to be recorded in the City
of South Burlington Land Records (the “Plan”). The Easement has been aligned for the future connection of the existing driveway/parking area on Abutter’s lands and a proposed driveway/parking
area on Northeast Territories’ Lands in the general location shown on the Plan. The centerline of the Easement shall be the centerline of the driveway access as installed.
This Easement includes a temporary construction easement fifty (50) feet in width on all sides of the Easement Area as may be reasonably necessary to install and construct the improvements
within the Easement Area and to maintain, repair or replace said improvements from time to time.
This Easement has been provided pursuant to Section 13.02 of the City of South Burlington Land Development Regulations (the “LDRs”), which requires commercial lots (retail, restaurant,
office, and service uses) to provide a driveway connection to any adjacent commercial lot.
Northeast Territories also reserves the right, in its sole and absolute discretion, to relocate the Easement Area to a new location on Northeast Territories’ Land to accommodate the
development and/or operations on the Northeast Territories’ property, provided that the relocation work is performed by Northeast Territories at its expense, and provided that the replacement
easement does not: (i) significantly lessen the utility of the easement; (ii) increase the burdens on the owner of the easement in its use and enjoyment; or (iii) frustrate the purpose
for which the Easement was created.
The Easement is a portion of the lands and premises conveyed to Northeast Territories, Inc. by Warranty Deed of Summer Ice Joint Venture dated November 6, 2007 and recorded in Volume
800 at Page 565 of the City of South Burlington Land Records.
The Easement is subject to the following: (a) Easements and rights set forth in the Warranty Deed of Summer Ice Joint Venture to Northeast Territories, Inc. dated November 6, 2007 and
recorded in Volume 800 at Page 565 of the City of South Burlington Land Records: (b) Recreation path easement conveyed by Summer Ice Joint Venture to the City of South Burlington by
Recreation Path Easement Deed dated October 23, 1996 and recorded in Volume 401 at Page 347 of the City of South Burlington Land Records, as amended by Easement Relocation Agreement
between O’Brien Meadowlands, LLC and the City of South Burlington dated August 24, 2006 and recorded in Volume 761 at Page 662 of the City of South Burlington Land Records; (c) Amended
and
Restated Declaration of Covenants and Restrictions for Meadowland Business Park dated December 11, 2003 and recorded in Volume 651 at Pages 114-137 of the City of South Burlington Land
Records, as amended by First Amendment to Amended and Restated Declaration of Covenants, Conditions and Restrictions dated January 27, 2008 and recorded in Volume 805 at Pages 619-623
of the City of South Burlington Land Records (relating to Lot 1A); (d) matters depicted on a plan entitled: “Meadowland Business Park, Hinesburg Road, So. Burlington, VT., Subdivision
Plat,” prepared by Trudell Consulting Engineers, Inc. dated April 23, 1996, last revised August 27, 1996 and recorded in Map Volume 386 at Page 98 (Map Slide 300) of the City of South
Burlington Land Records; (e) Setbacks and proposed stormwater pond depicted on a plan entitled: “Meadowland Business Park, Hinesburg Road, So. Burlington, Vt., Subdivision Site Plan,”
prepared by Trudell Consulting Engineers, Inc. dated April 17, 1996, last revised August 27, 1996 and recorded in Map Volume 386 at Page 100 (Map Slide 300) of the City of South Burlington
Land Records; (f) Wetland areas and archaeological areas depicted on a plan entitled: “Meadowland Business Park, Hinesburg Road, So. Burlington, Vt., Overall Site Plan,” prepared by
Trudell Consulting Engineers, Inc. dated November, 2001, last revised January 2, 2002 and recorded in Map Volume 495 at Page 141 (Map Slide 402) of the City of South Burlington Land
Records; (g) the provisions of municipal ordinances, public laws and special acts; and (h) all easements and rights of way of record, not meaning to reinstate any claims barred by operation
of the Vermont Marketable Record Title Act, 27 V.S.A. § 601, et seq.
Reference is hereby made to the above-mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description.
TO HAVE AND TO HOLD said granted Easement, with all the privileges and appurtenances thereto, to the said Abutter ________________________________, and its successors and assigns, to
their own use and behoof forever; and NORTHEAST TERRITORIES, INC., for itself and its successors and assigns, does covenant with NORTHEAST TERRITORIES, INC., and its successors and
assigns, that until the ensealing of these presents, NORTHEAST TERRITORIES, INC. is the sole owner of the Easement, and has good right and title to convey the same in the manner aforesaid,
that the said Easement is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and it hereby engages to WARRANT and DEFEND the same against all lawful claims whatsoever, except as
aforementioned.
[Signature on Following Page]
IN WITNESS WHEREOF, NORTHEAST TERRITORIES, INC., as evidenced by the signatures of its Duly Authorized Agent, does hereby execute this Easement Deed this ____ day of ______________,
2022.
NORTHEAST TERRITORIES, INC.
By:
Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
Before me, on this _____ day of ________________, 2022, personally appeared ______________________, Duly Authorized Agent of NORTHEAST TERRITORIES, INC., known to me to be the person
who executed the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of NORTHEAST TERRITORIES, INC.
_______________________________________ Notary Public – State of Vermont
Printed Name:
Commission No.:
Commission Expires: 1/31/23(