Historic Bridge Easements Sample Agreement

HISTORIC BRIDGE PRESERVATION EASEMENTS

1. Sample Historic Bridge Preservation Easement Agreement.
Bridge 19, Town Highway No. 1., Brookline & Newfane

2. Bridges Protected by Preservation Easement Agreements

1. HISTORIC BRIDGE PRESERVATION EASEMENT AGREEMENT BETWEEN STATE OF VERMONT AGENCY OF TRANSPORTATION AND
TOWNS OF BROOKLINE AND NEWFANE

Bridge No. 19 Town Highway No. 1

THIS AGREEMENT, made this _____ day of _____________, by and between the Towns of Brookline and Newfane, municipal corporations created by and existing under the laws of the State of Vermont (MUNICIPALITIES), and the State of Vermont, a sovereign state, acting through its Agency of Transportation (AGENCY).

W I T N E S S E T H :

WHEREAS, MUNICIPALITIES are the owners of Bridge No. 19 (Bridge) on Town Highway No. 1, which crosses the West River ; and

WHEREAS, AGENCY, for the purpose of facilitating compliance with section 106 of the National Historic Preservation Act, as amended (now codified at 16 U.S.C. § 470f ), is authorized by 19 V.S.A. § 1513 to enter into preservation easements with cooperating municipalities; and

WHEREAS, MUNICIPALITIES and AGENCY jointly recognize the historical, cultural, and aesthetic value and significance of the Bridge, which is listed on or eligible for listing on the National Register of Historic Places; and

WHEREAS, MUNICIPALITIES' grant to STATE of a preservation easement enveloping the Bridge will assist in preserving and maintaining the 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; and

WHEREAS, the MUNICIPALITIES and AGENCY have entered into a project agreement for the Bridge under federal-aid Highway Project No. BHO 1442(25) (Project);

NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set forth, the MUNICIPALITIES and AGENCY hereby agree as follows:

1. Grant of Preservation Easement. MUNICIPALITIES, on behalf of themselves, their successors and assigns, do hereby irrevocably give, grant, sell, bargain, and convey unto AGENCY, its successors and assigns, a perpetual preservation easement in gross enveloping the following described structure and all its superstructural, substructural, protective, or ornamental elements, as well as any and all interest, rights or title to the land to which it is attached:

Bridge No. 19
Common Name
Town Highway No. 1
Street Name
Feature Crossed West River

This easement, to be of a nature and character specified in further detail in this Agreement, shall constitute a binding servitude upon the Bridge and the land to which the Bridge is attached.

2. Vermont Historic Bridge Program. MUNICIPALITIES hereby agree to enroll the Bridge in the Vermont Historic Bridge Program. In so doing, MUNICIPALITIES formalize their commitment to continued highway use for this historic structure and, further, authorize AGENCY to proceed with nomination of the Bridge for listing on the National Register of Historic Places if not already listed. If applicable, MUNICIPALITIES agree to sign this nomination upon its completion and to take any other measures that reasonably may be requested by AGENCY in connection with the nomination process.

3. Municipalities' Covenants. MUNICIPALITIES, for themselves, their successors, and assigns, covenants with AGENCY, its successors, and assigns, as follows:

(a) MUNICIPALITIES will cooperate with the preservation of the Bridge in perpetuity, including preservation of all its superstructural, substructural, protective, and ornamental elements and the land to which it is attached. It is agreed and understood that the appearance and character of the Bridge at the time of the execution of this Agreement have been documented by AGENCY.

(b) MUNICIPALITIES shall not alter, modify, enlarge, demolish, remove or raze the Bridge without the express written consent of the AGENCY. MUNICIPALITIES may be given written consent if, in the written opinion of the AGENCY, the requested action would be in keeping with the historic character of the Bridge or area transportation needs.

(c) MUNICIPALITIES will at all times keep the Bridge in a good state of repair, as necessary to maintain its structural soundness and safety. Toward that end, MUNICIPALITIES agrees to conduct the following tasks as required but in no event less frequently than once each year:

(i) Cleaning bridge components with water or compressed air and removing with hand tools any deposits of debris;

(ii) Keeping drainage areas free of debris and grading deck drains and approach run-off away from Bridge elements beneath;

(iii) Removing all small trees and shrubs growing in, on, or near substructure units or under the Bridge;

(iv) Removing all debris that accumulates in the channel beneath the structure;

(v) Maintaining proper load posting and advance warning signs and keeping all such signs visible;

(vi) Maintaining a smooth transition between the approach roadway and bridge deck; and

(vii) Maintaining a straight and continuous guardrail, including repairs of minor damage caused by accidents.

(d ) MUNICIPALITIES will provide AGENCY with yearly certification that the tasks listed above have been performed. Should the MUNICIPALITIES fail to provide this certification or to perform the listed tasks to the reasonable satisfaction of the AGENCY, then they will reimburse the AGENCY five percent (5%) of that portion of Project costs spent for rehabilitation or restoration of the Bridge. Upon completion of the Project, these costs will be calculated by the AGENCY and forwarded to the MUNICIPALITIES for their records. It is agreed and understood that should the MUNICIPALITIES fail to provide either the required certification or reimbursement, then the MUNICIPALITIES may not be eligible for future state aid.

(e) MUNICIPALITIES will not, without the express written consent of the AGENCY, place or allow the placement of any signs, billboards, or advertisements on the Bridge.

(f) MUNICIPALITIES will not obstruct the regular opportunity of the public to view the Bridge and agree 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.

4. Agency's Covenants. Subject to availability of appropriated funds, AGENCY, for itself, its successors, and assigns, covenants with MUNICIPALITIES, their successors, and assigns, as follows:

(a) AGENCY will be responsible for all necessary rehabilitation or restoration costs for the Bridge as long as the Bridge remains in highway use and MUNICIPALITIES fully discharge their responsibilities under paragraph 3, above. Should MUNICIPALITIES fail to fully discharge their responsibilities under paragraph 3, above, then AGENCY will be responsible for 95% of rehabilitation or restoration costs, with MUNICIPALITIES responsible for the remaining five percent.

(b) AGENCY, contingent on MUNICIPALITIES' full performance of their responsibilities under paragraph 3, above, will supplement MUNICIPALITIES' efforts by periodically removing spot rust, applying suitable primer and paint, and coating steel at bearing points and joints with grease.

(c) AGENCY will establish a schedule for performance of those supplemental Bridge maintenance tasks that are to be performed by AGENCY and will adhere to that schedule as long as the Bridge remains in highway use.

5. Review Standards. AGENCY, in exercising any authority vested in it under this Agreement to review any construction, alteration, repair, maintenance, or casualty damage, or to reconstruct or approve reconstruction of the Bridge following casualty damage, will apply the Secretary of the Interior's "Standards for Treatment of Historic Properties," 36 C.F.R. Part 68, as from time to time amended (Standards), and/or state or local guidelines or standards considered appropriate by AGENCY for review of work affecting historic bridges.

6. Casualty Damage or Destruction. In the event that the Bridge is damaged or destroyed by casualty, the MUNICIPALITIES shall promptly notify the AGENCY. 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 MUNICIPALITIES without the AGENCY's prior written approval. At its option, AGENCY may elect to reconstruct the Bridge.

7. Inspection and Access. MUNICIPALITIES will permit representatives of AGENCY, at all reasonable times, access to inspect the Bridge and to perform those supplemental maintenance tasks that are assigned to AGENCY under this Agreement.

8. Recording and Indexing. In accordance with Title 32, Chapter 17, Section 1671, Vermont Statutes Annotated, the Municipalities shall record this agreement in the Land Records of the Municipal Clerks in which the Bridge is located. This Agreement will be indexed with the name of the MUNICIPALITIES as grantor and the name of the State of Vermont as grantee.

9. Recourse for Non-Compliance. MUNICIPALITIES and AGENCY specifically acknowledge that events and circumstances of non-compliance would constitute immediate and irreparable injury, loss, and damage to the Bridge and, accordingly, would entitle AGENCY to such equitable relief, including but not limited to injunctive relief, as a court might determine. Any damages recovered may be applied by AGENCY to corrective action on the Bridge. No delay or omission by AGENCY in the exercise of any right or remedy upon any breach by MUNICIPALITIES shall impair AGENCY's rights or remedies or be construed as a waiver.

IN WITNESS WHEREOF, the State of Vermont has caused its name to be subscribed

this _____ day of _______________________, _____, by Ellen Hemond, its Director of Finance

& Administration and duly authorized agent.

IN PRESENCE OF:

______________________________________
Witness

STATE OF VERMONT
AGENCY OF TRANSPORTATION

By:__________________________________
Ellen Hemond, Its Director of Finance & …..Administration and Duly Authorized Agent

STATE OF VERMONT )

WASHINGTON COUNTY, ss. )

At Montpelier, this _____ day of _____________________________, _____, personally appeared Ellen Hemond and acknowledged the foregoing instrument by her, as Director of Finance & Administration and duly authorized agent of the State of Vermont subscribed, to be her free act and deed and the free act and deed of the State of Vermont.

____________________________________

Notary Public
(My commission expires February 10, 2003)

APPROVED AS TO FORM:

DATED: ________________________

________________________________

ASSISTANT ATTORNEY GENERAL

IN WITNESS WHEREOF, the Town of Brookline has caused its name to be subscribed this ______ day of ______________________, 1999 by ___________

____________________________________________________________________________,

[the members of its legislative body and its duly authorized agents] [its ____________________

_______________________________________________________ and duly authorized agent].

IN PRESENCE OF: TOWN OF BROOKLINE

(MUNICIPALITY)

_______________________________ By: ____________________________________

Witness (as to all)

____________________________________

____________________________________

____________________________________

____________________________________

____________________________________

____________________________________

____________________________________

Its Duly Authorized Agent(s)

STATE OF VERMONT )

_______________ COUNTY, ss. )

At _______________________, this _____ day of _____________________________, _____, personally appeared ______________________________________________________ _____________________________________________________________________________ and acknowledged the foregoing instrument by him/her/them, as _________________________ and duly authorized agent(s) of the Town of Brookline subscribed, to be his/her/their free act and deed and the free act and deed of the Town of Brookline.

____________________________________

Notary Public

(My commission expires February 10, 2003)

IN WITNESS WHEREOF, the Town of Newfane has caused its name to be subscribed this ______ day of ______________________, 1999 by ___________

____________________________________________________________________________,

[the members of its legislative body and its duly authorized agents] [its ____________________

_______________________________________________________ and duly authorized agent].

IN PRESENCE OF: TOWN OF NEWFANE

(MUNICIPALITY)

_______________________________ By: ____________________________________

Witness (as to all) ____________________________________

____________________________________

____________________________________

____________________________________

____________________________________

____________________________________

____________________________________

Its Duly Authorized Agent(s)

STATE OF VERMONT )

_______________ COUNTY, ss. )

At _______________________, this _____ day of _____________________________, _____, personally appeared ______________________________________________________ _____________________________________________________________________________ and acknowledged the foregoing instrument by him/her/them, as _________________________ and duly authorized agent(s) of the Town of Newfane subscribed, to be his/her/their free act and deed and the free act and deed of the Town of Newfane.

____________________________________

Notary Public

(My commission expires February 10, 2003)

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2.

Bridges with Historic Bridge Preservation Easement Agreements

Listed Chronologically by Date of Easement

Brookline – Newfane No. 19. Steel camelback through truss built in 1928 by the Berlin
Construction Company on Town Highway 1 across the West River. January 14, 2000

New Haven – Weybridge No. 26. Steel, double-intersection Warren through truss built in 1908
by the American Bridge Company on Town Highway 7 (Pearson Road) across Otter
Creek. January 20, 2000

Johnson No. 6. Steel Pratt through truss fabricated in 1928 by the Bethlehem Steel Co. and
erected on Town Highway 2 (Railroad Street) across the Lamoille River. March 13, 2000

Dummerston No. 37. Quadruple intersection Warren through truss built c. 1892 on Rice
Farm Road across the West River. March 17, 2000

Enosburg No. 12. Steel Warren pony truss built in 1911 on Town Highway 42 across the Tyler
Branch. March 17, 2000

Newfane No. 49. Steel Pratt through truss built in 1939 on Town Highway 26 (Parish Hill Road)
across the Rock River. March 30, 2000

Cavendish No. 12. Steel Parker pin-connected pony truss built in 1905 on Depot Street
across the Black River. April 7, 2000

Sheldon No. 9. Steel Parker through truss built in 1929 on Town Highway 1 (Shawville Road)
across the Missisquoi River. April 24, 2000

Waterbury – Duxbury No. 31. Steel Parker through truss fabricated by the Bethlehem Steel Co.
in 1928 on Town Highway 4 (Winooski Street) across the Winooski River. May 4, 2000

Springfield No. 81. Steel Baltimore through truss built in 1929 by the Boston Bridge Works,
Inc., on Town Highway 66 (Paddock Road) across the Black River. May 24, 2000

Berlin No. 27. Steel Warren pony truss built in 1918 on Town Highway 61 (Lover’s Lane)
across the Dog River. August 4, 2000

Bradford No. 22. Steel Warren pony truss built in 1934 by the American Bridge Co. on
Creamery Road across the Waits River. November 28, 2000

Sharon No. 15. Steel Parker through truss built in 1929 by the American Bridge Company on
Town Highway 3 (River Road) across the White River. December 18, 2000

Poultney No. 4. Steel Pratt through truss fabricated in 1923 by the Palmer Steel Co. and erected
on Vermont Route 31 across the Poultney River. January 4, 2001