HomeMy WebLinkAbout95-13
No. 95-13
• RESOLUTION
Authorizing the Town Manager to Prepare
and Execute an Easement Agreement on
the Wysor/Glenn Property on Northwood Drive
•
WHEREAS, the Town of Pulaski is interested in constructing a pedestrian walkway on
Northwood Drive in the Town of Pulaski, for the use of school children and others so
that they do not have to walk into the path of traffic; and
WHERAS, the owners of the adjoining property, Helen D. Glenn and Jane D. Wysor,
have agreed to provide a slope easement to the Town of Pulaski, but have expressed
concerns as to limiting their liability;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski,
Virginia, that the Town Manager is authorized to execute an Easement Agreement with
Helen D. Glenn and Jane D. Wysor which contains language indemnifying and holding
harmless said property owners for any alleged injury to person alleged to have been
caused by the aforesaid slope easement or construction of the pedestrian bridge.
This Resolution is effective as of June 20,1995, and is adopted this 20th day of June,
1995.
John A. Johnston Aye
John W. Stone Aye
Bettye H. Steger Absent
W. H. Schrader, Jr. Aye
ATTEST:
~~
Ruth A. Harrell
Clerk of Council
Roy H. D'Ardenne, Jf. Aye
W. Edgar Hale Absent
Alma H. Holston Aye
Elbert G. Black, Jr. Aye
BY:
Andrew L. Graham, Mayor
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THIS EASEMENT AGREEMENT is made this day of , 1995, betwe
HELEN D. WYSOR and JANE D. WYSOR, (Landowners) and the TOWN OF PULAS
VIRGINIA, (a municipal corporation), both of whom are to be considered both Grantors
Grantees for purposes of indexing.
WHEREAS, the Landowners own a lot or parcel of land in the Town of Pulaski, Virgini
more particularly described in instrument located in Deed Book 355, at page 830, having
tax map number as of 1995 of 072-0000-021 A; and
WHERAS, the Town of Pulaski wishes to install the pedestrian path and walkway
parts of Northwood Drive appurtenant to the property of the Landowners; and
WHEREAS, to promote the safety of pedestrians and to promote public welfare,
Landowners have agreed to grant to the Town of Pulaski, Virginia, a slope easement 2
their property so that the walkway and crossing may be constructed by the Town; and
WHEREAS, Landowners have requested that the Town of Pulaski, Virginia, indemnify a
hold harmless the Landowners for any alleged loss or injury occasioned by the granting
this easement or the construction and maintenance of the said walkway and crosses
created by the Town;
NOW, THEREFORE, the aforesaid Landowners do hereby grant and convey unto the T~
of Pulaski, Virginia, a slope easement along the border of said lot along the aforesaid
on the following terms and conditions:
1. The purpose of this easement is to a11ow the Town of Pulaski, Virginia to construct
path and walkway in the area of a guardrail onto Northwood Drive and to maintain tl
same. No other use will be allowed without the prior written consent of the Landowners.
2. The slope easement will be over an area approximately fifty-two feet (52') in width at
edge of the Town right-of-way and narrowing to approximately twenty-six feet (26') in w
at a point thirty feet (30') from said right-of-way. It is understood that water may drain I
said point naturally.
3. This easement will allow the Town to contour the area appropriately to provide
support and drainage for this path and walkway;
4. This easement will be located in substantially the same location shown on the drawl
attached hereto entitled "TOWN OF PULASKI VA. OFFICE OF TOWN ENGINEI
NORTHWOOD DRIVE SLOPE EASEMENT' dated 3/95, a copy of which is attach
hereto. However, the actual easement will be on an "as built" basis and may not
relocated once it is constructed without prior consent of the Landowners.
5. To enter onto the land of the Landowners in a reasonable mannere for the construct
and maintenance of the pat, walkway, and easement area.
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6. This easement will run with the land and is binding on the successors of
Landowners.
1N CONSIDERATION of receiving of this easement, the Town of Pulaski, Virginia,
as follows:
1. To utilize the aforesaid easement and to contour the land in substantial conformity
the aforesaid sketch attached hereto;
2. Upon completion of its initial construction and any maintenance, to reseed any d
soil and to utilize reasonable efforts to restore any disturbed soil to its original
except as necessary for the project.
3. The Town agrees to indemnify and hold harmless the Landowners and their successc
in interest in this real estate, for any alleged claim of loss or injury due to the constructic
maintenance, and use of this easement or arising from any use of the aforesaid walkway
pathway; provided, however, that this provision is solely for the benefit of the LandownE
and their successors in interest in said land and does not create any right or obligation
any third party.
WITNESS the following signatures and seals the day and year first above written.
HELEN D. GLENN
(SEAL)
. (SEAL)
JANE D. GLENN
TOWN OF PULASKI, VIRGINIA
BY: (SEAL)
Town Manager
ATTESTED:
Ruth A. Harrell
Clerk of Council
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COMMONWEALTH OF VIRGINIA
COUNTY OF PULASKI, to-wit
The foregoing instrument was acknowledged before me this
Helen D. Glenn.
My commission expires:
Notary Public
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COMMONWEALTH OF VIRGINIA
COUNTY OF PULASKI, to-wit
The foregoing instrument was acknowledged before me this
Jane D. Wysor.
My commission expires:
day of , 1995, by
day of , 1995, by
Notary Public
COMMONWEALTH OF VIRGINIA
COUNTY OF PULASKI, to-wit
The foregoing instrument was acknowledged before me this day of , 1995, by
Thomas Combiths, Town Manager of the Town of Pulaski, Virginia.
My commission expires:
Notary Public
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