HomeMy WebLinkAboutSP-22-003 - Supplemental - 1795 Shelburne Road (23)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