GRANT OF PERMANENT RIGHTS
KNOW ALL PERSONS BY THESE PRESENTS, that we, Bradley Jaworski and Jessica Jaworski of Pomfret, Vermont, hereinafter referred to as “Grantors,” owners 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 our 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 our 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 Grantors, and their 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:
A permanent easement to enter upon the lands of the Grantors, for construction, maintenance and repair of the roadway slope and stream bank armoring, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install temporary erosion control barriers as necessary, and undertake general permanent construction functions in an approximate area of 1726 square feet, more or less. The limits of this permanent easement are detailed on the ROW Sheet of the Project Plans For POMFRET D4- FAS 0166-60. The permanent easement Begins at TH#1 STA 0+74 LEFT and Ends at 2+07 LEFT in an approximate area(s) of 1,726 square feet, more or less.
The Grantors herein do hereby waive, release and discharge the Town of Pomfret, Vermont from any damage or claim of damages of any kind or nature which Grantors and Grantors' 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 Grantors' 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 Grantors' property due to acts of negligence or omissions.
The Grantors having been fully informed of her right to receive just compensation for the acquisition of their property, hereby acknowledge, waive and release the Town of Pomfret, Vermont from the Grantors' right to receive just compensation determined by an appraisal as well as the municipality's obligation (if applicable) to perform and provide an appraisal.
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 Grantors for themselves, their heirs, successors, administrators and assigns, do covenant with the said Grantee, its successors and assigns, that until the ensealing of these presents the Grantors have sole possession of the premises, and have good right and title to convey the permanent easement described above.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 2nd day of September 2016.
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STATE OF ______
______COUNTY, SS.
At ______, this 2nd day of September 2016, ______and ______, personally appeared before me and acknowledged this instrument by them sealed and subscribed to be their free acts and deeds.
Before me, ______
Notary Public
My commission expires: ______
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