Loading...
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 n U w U 0 ci ~ o,a.W} ov .c m ~~jZ ~~o ~, ~;~~ ~~w Q y w ~~ of z 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. • w 0 U ~ iva.o~ o~ ,c oD `~jz ~;~c Jt ~ h2 ~L~~ u` ~~a Q w W J F- 0 z 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 n LJ COMMONWEALTH OF VIRGINIA COUNTY OF PULASKI, to-wit The foregoing instrument was acknowledged before me this Helen D. Glenn. My commission expires: Notary Public w U LL N V ~ y ~,~0} Oo .C m ~3~, `0 j z V O ~n•,o ~~ a~ ~ oaf ''" W Q ~ W J F- i^ O z 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 •