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HomeMy WebLinkAboutSP-22-003 - Supplemental - 1795 Shelburne Road (22)EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that RHTL Partners, LLC, a New Hampshire limited liability company with a place of business in St. Johnsbury, County of Caledonia and State of Vermont (the “Grantor”), in consideration of the requirements of the City of South Burlington Land Development Regulations, does freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto Champ Car Care Center (West), Inc., a Vermont corporation with a place of business in South Burlington, County of Chittenden and State of Vermont (the “Grantee”), and its successors and assigns forever, a driveway 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 thirty (30) feet in width for the Grantee and its successors and assigns to construct, reconstruct, maintain and replace at its sole cost and expense a driveway for access to Grantee’s property, which is depicted as the “Proposed 30' x 20’ Access Easement” on a plan entitled: “Proposed Building Addition, 1795 Shelburne Rd., South Burlington, VT 05402, Sheet C2.0 – Proposed Conditions Site Plan” prepared by Catamount Consulting Engineers, PLLC, dated May 16, 2021, last revised May 13, 2022, and to be recorded in the City of South Burlington Land Records (the “Plat”). The Easement has been aligned for connection of Grantee’s property to a driveway located on the northern portion of Grantor’s property directly opposite to Harbor View Road. This Easement is situated in a north-to-south direction along the southwesterly boundary of Grantor’s property in the general location shown on the Plat. Construction pursuant to Grantee’s rights under this Easement shall be done in a manner so as to not interfere with Grantor’s use and enjoyment of Grantor’s property and shall not impede or adversely impact in any way Grantor’s current or future ability to utilize Grantor’s property for the sales, servicing and storage of motor vehicles. This Easement has been provided pursuant to Section 13.02F 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. However, Section 13.02F of the LDRs specifically excludes non-commercial uses from this requirement. Currently, both the Grantor’s property and the Grantee’s property have been developed for commercial use (motor vehicle sales and a car wash). Should either parcel cease being used for commercial purposes, as defined in the LDRs, this Easement shall terminate and Grantee shall, at its own expense, restore Grantor’s property in a manner that is satisfactory to Grantor, to include removal of the driveway. Grantor also reserves the right, in its sole and absolute discretion, at Grantee’s expense, to relocate the Easement area to a new location on Grantor’s property to accommodate the development and/or operations on Grantor's property, provided that the relocation work provided that the replacement casement does not: (i) significantly lessen the utility of the easement; or (ii) frustrate the purpose for which the Easement was created. The Easement is a portion of the lands and premises conveyed to RHTL Partners, LLC by Warranty Deed of Catamount/South Burlington, LLC dated November 7, 2019 and recorded in Volume 1494 at Pages 62-65 of the City of South Burlington Land Records. 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 Grantee, Champ Car Center (West), Inc., and its successors and assigns, to their own use and behoof forever, that until the ensealing of these presents, the Grantor 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 whatever, except as aforementioned. IN WITNESS WHEREOF, RHTL Partners, LLC, as evidenced by the signatures of its Duly Authorized Agent, does hereby execute this Easement Deed this ____day of May 2022. RHTL Partners, LLC By: __________________________ Duly Authorized Agent EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that RHTL Partners, LLC, a New Hampshire limited liability company with a place of business in St. Johnsbury, County of Caledonia and State of Vermont (the “Grantor”), in consideration of the requirements of the City of South Burlington Land Development Regulations, does freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto Champ Car Care Center (West), Inc., a Vermont corporation with a place of business in South Burlington, County of Chittenden and State of Vermont (the “Grantee”), and its successors and assigns forever, a driveway 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 thirty (30) feet in width for the Grantee and its successors and assigns to construct, reconstruct, maintain and replace at its sole cost and expense a driveway for vehicular and pedestrian access to on and over Grantoree’s property, which is depicted as the “Proposed 30' x 20’ Access Easement” and “30’ Wide Access Easement” on a plan entitled: “Proposed Building Addition, 1795 Shelburne Rd., South Burlington, VT 05402, Sheet C2.0 – Proposed Conditions Site Plan” prepared by Catamount Consulting Engineers, PLLC, dated May 16, 2021, last revised May 13, 2022, and to be recorded in the City of South Burlington Land Records (the “Plat”). The Easement has been aligned for connection of Grantee’s property to a driveway located on the northern portion of Grantor’s property directly opposite to Harbor View Road. This Easement is situated in a north-to-south direction along and parallel to the southwesterly boundary edge of pavement onf Grantor’s property in the general location shown on the Plat. Construction pursuant to Grantee’s rights under this Easement shall be done in a manner so as to not interfere with Grantor’s use and enjoyment of Grantor’s property and shall not impede or adversely impact in any way Grantor’s current or future ability to utilize Grantor’s property for the sales, servicing and storage of motor vehicles. This Easement has been provided pursuant to Section 13.02F 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. However, Section 13.02F of the LDRs specifically excludes non-commercial uses from this requirement. Currently, both the Grantor’s property and the Grantee’s property have been developed for commercial use (motor vehicle sales and a car wash). Should either parcel cease being used for commercial purposes, as defined in the LDRs, this Easement shall terminate and Grantee shall, at its own expense, restore Grantor’s property in a manner that is satisfactory to Grantor, to include removal of the driveway. Grantee agrees that all construction work on Grantor’s property pursuant to this Easement Deed shall be made by or performed at Grantee’s sole cost and expense and shall be performed in a workmanlike manner in accordance with the requirements of all government agencies having jurisdiction. Grantee shall be responsible for obtaining and maintaining all necessary permits and/or permit amendments for Grantee’s use of Grantor’s property and the construction of Grantee’s project. Grantor shall reasonably cooperate with Grantee in obtaining all necessary approvals, permits or permit amendments, including signing any permit applications as “landowner” at Grantee’s request and within a reasonable time. Commented [A1]: While this provision initially seems to be limited to “construction” it’s very broad, and the reference to “future” suggests that the intention is to extend this provision to the ongoing use of the easement. This provision could be used to defeat the purpose of the easement. Examples that are likely acceptable are below. Commented [A2]: If site plan approval is required to remove or relocate the “curb cut” this provision must be revised to clarify that easement terminates only upon approval of DRB. Grantee, for itself and its successors and signs, agrees that any property of Grantor located outside of the boundaries of the easement conveyed herein, which is damaged by Grantee’s entry and construction activities pursuant to this Easement Deed shall be promptly restored as near as reasonably practical to its original condition, reasonable wear and tear excepted, at Grantee’s own cost and expense. Except as otherwise set forth herein, Grantor and its successors and assigns shall have the right to make use of the surface of the easement as is encumbered hereby, such as shall not be inconsistent with Grantee’s use of said easement, but shall place no structures, landscaping or other improvements, nor discharge water, nor place snow or other material for storage within said easement which shall prevent or interfere with the Grantee’s ability to use said easement. Grantor shall not damage, modify, obstruct or in any way interfere with the easement. Grantor also reserves the right, in its sole and absolute discretion, at Grantee’s expense, to relocate the Easement area to a new location on Grantor’s property to accommodate the development and/or operations on Grantor's property, provided that the relocation work provided that the replacement casement does not: (i) significantly lessen the utility of the easement; or (ii) frustrate the purpose for which the Easement was created. Commented [A3]: Grantor would require site plan approval for new location of “curb cut”, so this provision should be removed. The Easement is a portion of the lands and premises conveyed to RHTL Partners, LLC by Warranty Deed of Catamount/South Burlington, LLC dated November 7, 2019 and recorded in Volume 1494 at Pages 62-65 of the City of South Burlington Land Records. 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 Grantee, Champ Car Center (West), Inc., and its successors and assigns, to their own use and behoof forever, that until the ensealing of these presents, the Grantor 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 whatever, except as aforementioned. IN WITNESS WHEREOF, RHTL Partners, LLC, as evidenced by the signatures of its Duly Authorized Agent, does hereby execute this Easement Deed this day of May 2022. RHTL Partners, LLC By: Duly Authorized Agent Commented [A4]: Must be before Notary Public