Grant of Permanent Rights
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GRANT OF PERMANENT RIGHTS
KNOW ALL PERSONS BY THESE PRESENTS, that I, Betty Bowen, of Pomfret, Vermont, hereinafter referred to as “Grantor,” owner of certain lands adjacent to certain public highways in the Town of Pomfret, Vermont, said public highway commonly known as Pomfret Road, also known as Town Highway 1, for and in consideration of a Donation and No/100 Dollars ($0.00) and other good and valuable consideration, paid to my full satisfaction by the Town of Pomfret, Vermont, hereinafter referred to as “Grantee,” and its successor and assigns forever, a certain permanent easement over and upon my land in the Town of Pomfret, County of Windsor and State of Vermont, which permanent easement is described as follows, viz:
Being certain permanent easements, which easements shall run with the land and shall be binding upon the Grantor, and her heirs, successors, administrators and assigns, for the construction, maintenance and repair of a slope stabilization project located adjacent to the existing right-of-way of Pomfret Road, also known as Town Highway 1, and more particularly described as follows:
1. A permanent easement to enter upon the lands of the Grantor, for construction, maintenance and repair purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install erosion control barriers and project demarcation fence, as necessary, and undertake general construction functions in an approximate area of 2,232 square feet, more or less.
2. A permanent easement during the period of construction, maintenance and repair to extend highway slopes and embankments in an approximate area(s) of 1,752 square feet, more or less.
3. A permanent easement during the period of construction, maintenance and repair to enter upon the land of the Grantor, to install an access, for ingress and egress by all means and methods of transportation, in an approximate area(s) of 480 square feet, more or less.
The Grantor herein does hereby waive, release and discharge the Town of Pomfret, Vermont from any damage or claim of damages of any kind or nature which Grantor and Grantor's heirs, successors, administrators and assigns may have, or claim to have now or in the future, in connection with the above- mentioned work done or to be done on Grantor's land and premises. However, it is not intended by this instrument to exempt any party or contractor who may hereafter be designated to perform the work described above from liability for damage to the Grantor's property due to acts of negligence or omissions.
The Grantor having been fully informed of her right to receive just compensation for the acquisition of her property, hereby acknowledges, waives and releases the Town of Pomfret, Vermont from the Grantor's right to receive just compensation determined by an appraisal as well as the municipality's obligation (if applicable) to perform and provide an appraisal.
Page 1 of 2 TO HAVE AND TO HOLD said granted permanent easement, to the said Grantee, and its successors and assigns, to its and their own use and behoof forever; and the Grantor for herself, her heirs, successors, administrators and assigns, do covenant with the said Grantee, its successors and assigns, that until the ensealing of these presents the Grantor has sole possession of the premises, and has good right and title to convey the permanent easement described above.
IN WITNESS WHEREOF, I hereunto set my hand and seal this ____ day of October, 2015.
______Betty Bowen
STATE OF VERMONT WINDSOR COUNTY, SS.
At Pomfret, Vermont, this ____ day of October, 2015, Betty Bowen, personally appeared before me and acknowledged this instrument by her sealed and subscribed to be her free act and deed.
Before me, ______Notary Public My commission expires: ______
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