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Historic Bridge Preservation Easement

Draft Only

Town: ________________________  Bridge Number: _____

THIS HISTORIC BRIDGE PRESERVATION EASEMENT
made this ______________  day of ___________,  20___
by and between (Grantor) and the Vermont Agency of Transportation.

WITNESSETH:

WHEREAS, Grantor town or city. is the owner of Bridge No. ______ (hereinafter "Bridge") and the Grantee is a public agency of, the State of Vermont authorized to accept historic bridge preservation easements to protect historic bridges that provide economic, aesthetic, and educational benefits to the people of Vermont, pursuant to Chapter ______ , Vermont Public Acts of ______ and

WHEREAS, the Grantor and Grantee recognize the historical, cultural, and aesthetic value and significance of said Bridge, which is listed on or eligible for the National Register of Historic Places, and have the common purpose of preserving said Bridge; and

WHEREAS, the grant of a preservation easement by Grantor to Grantee enveloping said Bridge will assist in preserving and maintaining said Bridge, its historic engineering and architectural features, its contribution to the state's rural landscape or, as applicable, urban setting, and its value and significance to the people of Vermont;

NOW THEREFORE, in consideration of Ten Dollars (810.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor, on behalf of itself, its successors and assigns, does hereby irrevocably give, grant, sell, bargain, and convey unto Grantee a preservation easement in gross in perpetuity (hereinafter the "Easement") enveloping the following described structure and all its superstructural, substructural, protective, or ornamental elements including the land to which it is attached:

Bridge Number: ___________
Common Name: _________________________________
Town Highway Number: _________________________________
Street Name: _________________________________
Feature Crossed: _________________________________

The Easement, to be of the nature and character hereinafter further expressed, shall constitute a binding servitude upon said Bridge owned by the Grantor, and to that end Grantor covenants on behalf of itself, its successors, and assigns, with Grantee, its successors, and assigns, such covenants being deemed to run as a binding servitude in perpetuity with the Bridge and the land to which it is attached, to comply with each of the following covenants and stipulations. These stipulations contribute to the public purpose in that they aid significantly in the preservation of the Bridge and help to maintain and assure the present and future historic integrity of the Bridge.

  1. Grantor's Covenants. In furtherance of the Easement herein granted, Grantor undertakes to comply with each of the following covenants, which contribute meaningfully to the public purpose of protecting and preserving the Bridge.
    1. Grantor and its assigns agree to preserve the Bridge in perpetuity and all its superstructural, substructural, protective, or ornamental elements including the land to which it is attached. The appearance and character of the Bridge at the time of the signing of this Easement are documented in reports and photographs held by Grantee.
    2. Grantor shall not alter, modify, enlarge, demolish, remove, or raze the Bridge without the express written consent of the Grantee except in a way that would, in the written opinion of Grantee, be in keeping with the historic character of the Bridge.
    3. Grantor agrees at all times to maintain the Bridge in a good state of repair and to maintain the structural soundness and safety of the Bridge.
    4. Grantor agrees not to place any signs, billboards, or advertisements on the Bridge without the express written consent of the Grantee.
    5. Grantor agrees not to obstruct the regular opportunity of the public to view the Bridge and agrees not to construct or move anything onto land or across any body of water that would interfere with significant views of the Bridge or be incompatible with the historic engineering or architectural features of the Bridge.
  2. Standards for Review. In exercising any authority created by the Easement to review any construction, alteration, repair, maintenance, or casualty damage, or to reconstruct or approve reconstruction of the Bridge following casualty damage, Grantee shall apply the Standards for Historic Preservation Projects (Standards for Rehabilitation and Standards for Restoration) issued and amended from time to time by the Secretary of the United States Department of the Interior (hereinafter "the Standards") and/or state or local guidelines or standards considered appropriate by Grantee for review of work affecting historic bridges.
  3. Casualty Damage or Destruction. In the event that the Bridge is damaged or destroyed by casualty, the Grantor shall promptly notify the Grantee. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Bridge and to protect public safety, shall be undertaken by Grantor without the Grantee's prior written approval. At its option, Grantee may elect to reconstruct table the Bridge.
  4. Inspection. Grantor hereby agrees that representatives of Grantee shall be permitted at all reasonable times to inspect the Bridge.
  5. Recording. Grantee shall, at its own cost, record this instrument in the Office of the Town Clerk for the town, or towns, in which the Bridge is located.
  6. Recourse for Non-Compliance. The parties to this Easement specifically acknowledge that events and circumstances of non-compliance constitute immediate and irreparable injury, loss, and damage to the Bridge and accordingly entitle Grantee to such equitable relief, including but not limited to injunctive relief, as a court may determine. Damages recovered may be applied by Grantee to corrective action on the Bridge if necessary. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair Grantee's rights or remedies or be construed as a waiver.

IN WITNESS WHEREOF, on the date first shown above, Grantor has caused this preservation easement to be executed and delivered, and Grantee has caused this instrument to be accepted and executed.

GRANTOR: GRANTEE:
_____________________________________ _____________________________________
By: By:
__________________________________ __________________________________
Its: Its:
__________________________________ __________________________________

At ____________________________________ , in the State of Vermont, County of ____________________ ,
this _______day of ____________________ , __________ ,
___________________________, on behalf of the town/city of ___________________________,
personally appeared and acknowledged this instrument to be his/her free act and deed.