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HomeMy WebLinkAboutSD-18-28 - Supplemental - 1580 Dorset Street (68)ATTORNEY'S REPORT AND OPINION ON TITLE Record Owner: JJJ SOUTH BURLINGTON, LLC Property Address: 1580 Dorset Street & 1699 Hinesburg Road, South Burlington, VT Property Description: Being all and the same land and premises conveyed to JJJ South Burlington, LLC by the following: PARCEL I: Being all and the same land and premises as conveyed to JJJ South Burlington, LLC by Warranty Deed of Dorset Street Associates, LLC dated September 30, 2013 and recorded in Volume 1191 at Page 262 of the City of South Burlington Land Records. Being a portion of the lands and premises referred to as AParcel II@ in a Warranty Deed from Royal C. Chittenden and Robert R. Chittenden to Dorset Street Associates, LLC dated May 3, 2005 and of record. at Volume 708, Page 354 of the City of South Burlington Land Records; as corrected by Corrective Warranty Deed dated May 9, 2005 of record at Volume 709, Page 255 of said land records. Being a vacant parcel of land containing 35.48 acres, more or less, and being that parcel of land identified as Common C on a plan entitled, AThe Cider Mill, South Burlington, Vermont, Overall Subdivision Plat, dated April 23, 2003, last revised April 19, 2007, prepared by Button Professional Land Surveyors, PC, of record at Map Slide 496, Page 5 of the City of South Burlington Land Records. PARCEL IL• Being all and the same land and premises as conveyed to JJJ South Burlington, LLC by Warranty Deed of G & A Associates, LLC dated September 30, 2013 and recorded in Volume 1191 at Page 265 of the City of South Burlington Land Records. Being all and the same lands and premises conveyed to G & A Associates, LLC, by Warranty Deed of Ernest N. Auclair dated May 25, 2006, of record at Volume 751, Pages 473-475 of the City of South Burlington Land Records. Being a parcel of land containing 30 acres, more or less, which is shown and depicted as Lot #1 on a plan entitled, "Portion of the Lands of Ernest N. Auclair, off Hinesburg Road, South Burlington, VT, Subdivision Plat", prepared by Button Professinal Land Surveyors, PC, dated 10/07/05, last revised 1/19/06, and recorded on May 24, 2006, at Map Slide 478 of the City of South Burlington Land Records. Reference is hereby made to the aforementioned instruments, the records thereof and the references therein contained, all in further aid of this description. The following opinion and report are prepared for and at the expense of JJJ South Burlington, LLC, on the title of the record owner to the above described property, and is based on an examination of the appropriate records of the City of South Burlington (the "Land Records"). It is furnished for the sole use of JJJ South Burlington, LLC and the City of South Burlington; and is not transferable. Based on such examination and the assumption that the records examined are currently and correctly indexed in the general indices, it is my opinion that, except as set forth below, on the effective date of this report the title of the record owner is a marketable title in fee simple: MUNICIPAL CHARGES: (Unless otherwise indicated, these are based on oral verification by the appropriate municipal officer.) a. Assessed Valuation: $1,095,000.00 (1580 Dorset Street) $540,000.000 (1699 Hinesburg Road) Parcel ID #: 0570-R1580 (1580 Dorset Street) 0860-01699 (1699 Hinesburg Road) 1580 Dorset Street: City taxes for the current fiscal period July 1, 2018 through June 30, 2019 are $23,873.19, payable in three installments of $7,957.73 each and due on August 15, 2018, November 15, 2018 and March 15, 2019. 1699 Hinesburg Road: City taxes for the current fiscal period July 1, 2018 through June 30, 2019 are $11,773.08, payable in three installments of $3,924.36 each and due on August 15, 2018, November 15, 2018 and March 15, 2019. C. Delinquent Taxes: None of Record. d. Street, Curb and Sidewalk Assessments: None of Record. e. Water Liens: N/A - LAND ONLY. f Electricity Liens: None of Record. g. Sewer Assessments: See e. Water Liens. h. Fire District, School District or other Municipal Liens or Assessments: None of Record. i. Condominium/PUD Assessments: N/A, not a condominium or PUD. 2. MORTGAGES: a. Said lands and premises are subject to a Mortgage given by JJJ South Burlington, LLC in favor of People's United Bank, N.A., securing a Note in the principal sum of $2,245,000.00, dated September 30, 2013 and recorded in Volume 1191, Page 267 of the Land Records. 3. a. ATTACHMENTS and LIENS: UCC Financing Statement #13-261805 Debtor: JJJ South Burlington, LLC Secured Party: People's United Bank, N.A. b. CONDOMINIUM/COMMON INTEREST OWNERSHIP ASSESSMENTS: C. CHECK Relative to Resale Certificates 27A V.S.A. 4-109 A, B or C: under the Common Interest Ownership Act. property is: A. yes No Resale Certificate is necessary because the subject l . not a common interest ownership community; OR 2. it is a portion of common interest ownership planned* community created after January 1, 1999 but is exempt from the requirement of a Resale Certificate because it is a planned community of (i) less than 24 units and no reserved development rights or (ii) the annual average common expense liability, exclusive of insurance and user fees, does not exceed $300.00 as adjusted; OR 3. it is a common interest ownership planned community pre-existing January 1, 1999 that contains no more than 24 units and is not subject to development rights and has not elected to be governed by the Act; OR 4. not being sold. B. A Resale Certificate is necessary because the subject property is part of: 1. a common interest ownership community created after January 1, 1999 and is not exempt under paragraph A(2)(i) or (ii) above; OR 2. is a common interest ownership planned community created prior to January 1, 1999 that contains more than 24 units or less than 24 units but are subject to development rights; OR 3. is a pre-existing common interest ownership planned community less than 24 units that has amended its governing documents and elected to be governed by the Act; OR 4. Is any condominium or cooperative project formed prior to January 1, 1999 which is subject to a portion of the Act including Resale Certificate Requirements. C. The Resale Certificate is attached to this Opinion and incorporated herein. * a planned community under the Act is defined as a common interest community which is not a condominium or cooperative. 4. EASEMENTS AND RIGHTS OF WAY: Said land and premises are or may be subject to or benefitted by the following: 1580 Dorset Street: A. A Density Reduction Easement and Transfer of Development rights to Receiving Property dated March 17, 2009 and recorded in Volume 848, Page 262 of the Land Records. B. An easement and right of way for all legal purposes, including ingress, egress and the laying of utilities, over and across a 60 footwide right of way which travels in a westerly direction from the northwest coiner of the herein conveyed property to the easterly sideline of Sommerfield Avenue, all as more particularly depicted on aSubdivision Plat recorded in Map Slide 497, Page 2 of the Land Records. C. Rights -of -way and easements in common with others for ingress and egress over and across the roadways depicted on the above -referenced plans including, but not limited to, Cider Mill Drive, Crispin Drive, Royal Drive, Winesap Lane, Braeburn Street, and Sommerfield Avenue, until such time as said streets are accepted as public streets by the City of South Burlington; subject, however, to the restriction that any and all construction vehicles engaged in development activity on the herein conveyed parcel shall access the property from Hinesburg Road and not through the above -referenced streets in the Cider Mill subdivision. D. Easements in common for utilities and stormwater drainage through lands of the Grantor herein where said utilities and stormwater drainage are located outside the boundaries of the aforementioned streets. E. An easement and right of way twenty feet (20') in width for a recreation path and sanitary sewer easement to the City of South Burlington as depicted on the above - referenced plat. F. A perpetual easement for any noise, odors, dust and/or byproducts and impacts that may occur in the course of conducting accepted agricultural and best - management practices on the nearby lands. The herein Grantees, by acceptance of this deed, waive any objection to impacts arising from accepted agricultural and best management practices which are consistent with the rules established pursuant to 6 V.S.A., Chapter 215, and are further notified that existing agricultural activities which are consistent with accepted agricultural and best - management practices do not constitute a nuisance. G. Easements and rights of way as set forth in Irrevocable Offers of Dedication from Dorset Street Associates, LLC, to the City of South Burlington dated June 9, 2005, and recorded in Volume 713, Pages 544, 549, 554, and 559, of the Land Records. H. An easement in favor of Green Mountain Power Corporation dated April 14, 1972, and recorded in Volume 101, Page 383 of the Land Records. I. An easement in favor of Green Mountain Power Corporation dated May 19, 1971, and recorded in Volume 101, Page 73 of the Land Records. J. An easement in favor of Green Mountain Power Corporation dated October 7, 2005, and recorded in Volume 733, Page 115 of the Land Records. K. A perpetual easement for any noise, odors, dust and/or byproducts and impacts that may occur in the course of conducting accepted agricultural and best -management practices on nearby lands as referenced in a Warranty Deed dated September 23, 2008 and recorded in Volume 826, Page 338 of the Land Records. L. An easement in favor of Vermont Gas Systems, Inc. dated August 1, 2005 and recorded in Volume 723, Page 26 of the Land Records. M. Any easements and/or rights of way as referenced on a Plat entitled: "Cider Mill I1, Planned Residential Development, Dorset Street, South Burlington, Vermont -Final Subdivision. Plat", Sheet 2 of 2, prepared by Button Professional Land Surveyors, PC, dated October 31, 2006, last revised January 6, 2008, and recorded in Map Slide 536, Page 5. N. Also included in this conveyance is that non-exclusive right of way in common with others over a 75 foot wide strip of land leading westerly from Hinesburg Road to a point on the easterly sideline of the herein conveyed parcel of land. O. Easements and/or rights of way set forth in the Irrevocable Offer of Dedication from JJJ South Burlington, LLC to the City of South Burlington dated September 21, 2016 and recorded in Volume 1341, Page 128 of the Land Records. P. Easements and/or rights of way set forth in the Irrevocable offer of Dedication from JJJ South Burlington, LLC to the City of South Burlington dated September 21, 2016 and recorded in Volume 1341, Page 123 of the Land Records. 1699 Hinesburg Road: A. Any easements and/or rights of way as referenced on the following Plats/Plans: 1. "Portion of the lands of Ernest N. Auclair Off Hinesburg Road, South Burlington, Vermont, Subdivision Plat" prepared by Button Professional Land Surveyors, PC, dated October 7, 2005, last revised January 19, 2006 and recorded in Map Slide 478, Page 4 of the Land Records. 2. "The Cider Mill, South Burlington, Vermont — Overall Subdivision Plat, Sheets 1 of 4 through 4 of 4" prepared by Button Professional Land Surveyors, PC, dated April 23, 2004, last revised January 20, 2006 and recorded in Map Slide 479, Pages 1-4 of the Land Records. B. A Density Reduction Easement and Transfer of Development rights to Receiving Property dated March 17, 2009 and recorded in Volume 848, Page 262 of the Land Records. 5. PROTECTIVE COVENANTS; OTHER RESTRICTIONS OF RECORD: 1580 Dorset Street: A. Subject to the Declaration of a Planned Community for the Cider Mill, dated September 28, 2006 and recorded in Volume 769, Page 1.20 of the Land Records, and amended or supplemented as follows: i. First Amendment dated April 19, 2012 and recorded in Volume 1072, Page 322 of the Land Records. ii. Second Amendment dated April 16, 2013 and recorded in Volume 1153, Page 1 of the Land Records. B. Subject to the Bylaws of the Cider Mill Homeowners Association, Inc. dated January24, 2007, and recorded in Volume 773, Page 53 of the Land Records, as amended or supplemented as follows: i. Amended and Restated Bylaws dated April 19, 2012 and recorded in Volume 1072, Page 325 of the Land Records. 6. LEASE LAND RENT: No indication of lease land during period of search. 7. COMPLIANCE WITH AGENCY OF NATURAL RESOURCES REGULATIONS: Property is: land only The premises are subject to terms and conditions of the following: A. WASTEWATER 1580 Dorset Street: i. State of Vermont Wastewater System and Potable Water Supply Permit No. WW-4-2225 dated March 11, 2005 and recorded in Volume 702, Page 146 of the Land Records. ii. State of Vermont Wastewater System and Potable Water Supply Pen -nit No. WW-4-2225R dated March 18, 2005 and recorded in Volume 702, Page 149 of the Land Records. iii. State of Vermont Wastewater System and Potable Water Supply Permit No. WW-4-2225-1 dated June 16, 2006 and recorded in Volume 761, Page 287 of the Land Records. iv. State of Vermont Wastewater System and Potable Water Supply Permit No. WW-4-2225-2 dated January 9, 2008 and recorded in Volume 805, Page 133 of the Land Records. V. State of Vermont Wastewater System & Potable Water Supply Pen -nit #WW-4-2225-5 dated November 23, 2015 and recorded in Volume 1300, Page 39; and Volume 1301, Page 190 of the Land Records. B. LAND USE PERMITS i. State of Vermont Land Use Permit No. 4C1128-1, dated March 16, 2005, and recorded in Volume 701, Page 629 of the Land Records. ii. State of Vermont Land Use Permit #4C 1128-4 dated February 29, 2016 and recorded in Volume 1311, Page 164 and Volume 1317, Page 329 of the Land Records. There are no violations of record with the offices of the Agency of Natural Resources or the District Enviromnental Commission. C. STORMWATER PERMITS: Stormwater Discharge Permit #3144-9015.2 dated August 1, 2017which expires on August 1, 2022.Storm water discharges into Muddy Brook and an unnamed tributary of Shelburne which is not an impaired waterway. Property has/has not qualified for inclusion under General Permit 3-901.0. A Notice of Issuance of Stormwater Discharge Permit dated July 6, 2017 is recorded in Volume 1380, Page 113 of the Land Records. Stormwater Discharge Permit #3144-9015.2A dated August 1, 2017 which expires August 1, 2022. A Notice of Issurance of Stormwater Discharge Permit dated August 2, 2017 is recorded in Volume 1384, Page 267 of the Land Records. E. OTHER PERMITS: 1580 Dorset Street: State of Vermont Public Water System Permit to Construct Project #E-1634, WSID#5091 dated December 25, 2005 and of record with the State of Vermont, Water Supply Division. There is currently no Public Water System Permit to Construct approving construction on Phase II. Conditional Use Determination file No. 2007-616 dated October 2, 2008 and recorded in Volume 832 at Pages 289-294 of the City of South Burlington Land Records. Said determination expires on October 2, 2013. A re-evaluation of said Permit is required pursuant Section 1(G) of the Decision. Conditional Use Determination file No. 2001-002 dated October 27, 2004 and recorded in Volume 687 at Page 627 of the City of South Burlington Land Records. 1699 Hinesburg Road: State of Vermont, Individual Wetland Permit File No. 2014-201 dated June 21, 2015 and recorded in Volume 1311 at Pages 1.70-175 of the City of South Burlington Land Records. Army Corps of Engineers Permit #NAE-2014-2395 dated June 19, 2015. 8. COMPLIANCE WITH MUNICIPAL ZONING/SUBDIVISIONJHEALTH REGULATIONS: 1580 Dorset Street: A. Reference is made to the following which is of record in the City of South Burlington Zoning files: I. City of South Burlington Department of Planning and Zoning Dorset Street Associates - Cider Mill II - Final Plat Application #SD-08-34 Findings of Facts Decision dated November 20, 2008 adding 30 acres to project area; construction of 79 single-family d welling units and 30 multi -family dwelling units. Phase II is approved for the following under SD-08-34: 66 Single-family homes; 13 "Carriage Lots"; and 30 Townhomes. ii. City of South Burlington Department of Planning & Zoning Dorset Street Associates - Cider Mill II Planned Unit Development B 1330 Dorset Street, Master Plan Application #MP-07-01 B Findings of Fact & Decision dated October 17, 2007; iii. City of South Burlington Department of Planning and Zoning Dorset Street Associates - Cider Mill H - Final Plat Application #SD-16-01 Findings of Facts Decision dated March 10, 2016; and iv. City of South Burlington Department of Planning and Zoning Dorset Street Associates - Cider Mill II - Final Plat Application #SD-15-11 Findings of Facts Decision dated July 21, 2015. 9. OBJECTIONS TO TITLE; REMARKS: 1580 Dorset Street: A. Reference is made to the following Plats/Plans which are all of record in the City of South Burlington Land Records: "The Cider Mill South Burlington, Vermont - Overall Subdivision Plat, Sheets 1 of 3 through 4 of 4" prepared by Button Professional Land Surveyors, P.C., dated April 23, 2003, last revised January 20, 2006 and recorded at Map Slide 479 at Pages 1-4. ii. "Cider Mill I1 Planned Residential Development Dorset Street, South Burlington, VT - Subdivision Plat, Plan Sheet 1 of 2" prepared by Button Professional Land Surveyors, PC, dated October 31, 2006, last revised January 6, 2008 and recorded at Map Slide 536 at Page 6. iii. "Cider Mill II Planned Residential Development Dorset Street, South Burlington, VT - Subdivision Plat, Plan Sheet 2 of 2" prepared by Button Professional Land Surveyors, PC, dated October 31, 2006, last revised January 6, 2008 and recorded at Map Slide 536 at Page 5. iv. "Plat of Boundary Survey Showing a Portion of Lands of Ernest N. Auclair and Purchase of Development Rights by Dorset Street, Associates, LLC and G & A Associates, LLC" prepared by Button Professional Land Surveyors, PC, dated December 8, 2005, last revised February 5, 2009 and recorded at Map Slide 537 at Page 1. 1699 Hinesburg Road: B. Reference is made to the following Plats/Plans: "Cider Mill II Planned Residential Development Dorset Street, South Burlington, VT — Subdivision Plat, Plan Sheet I of 2" prepared by Button Professional Land Surveyors, PC, dated October 31, 2006, last revised January 6, 2008 and recorded at Map Slide 536 at Page 6. "Cider Mill II Planned Residential Development Dorset Street, South Burlington, VT — Subdivision Plat, Plan Sheet 2 of 2" prepared by Button Professional Land Surveyors, PC, dated October 31, 2006, last revised January 6, 2008 and recorded at Map Slide 536 at Page 5. "The Cider Mill, South Burlington, Vermont — Overall Subdivision Plat, Sheets 1 of 4 through 4 of 4" prepared by Button Professional Land Surveyors, PC, dated April 23, 2004, last revised January 20, 2006 and recorded at Map Slide 479 at Page 1-4. Reference is made to an unrecorded Agreement between JJJ South Burlington, LLC, Dorset Street Associates, LLC and G & A Associates, LLC dated September , 2013, incorporating the terms of an Amendment to Option to Purchase Real Estate between Royal C. Chittenden & Robert R. Chittenden and Dorset Street Associates; and an Agreement between Dorset Street Associates, LLC, Claire Solar Partners, LLC and Marilyn Larkin. "Portion of the lands of Ernest N. Auclair Off Hinesburg Road, South Burlington, Vermont, Subdivision Plat" prepared by Button Professional Land Surveyors, PC, dated October 7, 2005, last revised January 19, 2006 and recorded in Map Slide 478, Page 4 of the Land Records. IMPORTANT NOTICES AND EXCEPTIONS TO OUR OPINION THE UNDERSIGNED ASSUMES NO RESPONSIBILITY FOR UNINDEXED, MIS -INDEXED or MIS -FILED DOCUMENTS IN THE MUNICIPAL RECORDS OFFICE. THIS CERTIFICATE DOES NOT INCLUDE ANY DETERMINATION OF OR COMPLIANCE WITH ANY STATUTE OR REGULATION CONCERNING WATER RESOURCES, POLLUTION, LAND PLANNING, SUBDIVISION, LAND DEVELOPMENT, HEALTH REGULATIONS, WETLANDS, AND/OR ZONING. ACT 250 PERMITS AND/OR SUBDIVISION PERMITS ARE ENVIRONMENTAL PERMITS WHICH ARE WITHIN THE PURVIEW OF ENGINEERS AND WE ARE, THEREFORE, NOT QUALIFIED TO CERTIFY THAT ALL FACETS OF THE ACT 250 PERMITS AND/OR SUBDIVISION PERMITS HAVE BEEN COMPLIED WITH, BUT DO REPORT THAT THERE IS NO RECORDED INSTRUMENT WHICH INDICATES THAT THERE IS A LACK OF COMPLIANCE IN THE APPLICABLE RECORDS. PURCHASER SHOULD CONTACT THE APPROPRIATE TAXING AUTHORITY TO OBTAIN A DUPLICATE OF THE TAX BILL. THE ORIGINAL TAX BILL WILL BE FORWARDED TO THAT PERSON WHO OWNED THE PROPERTY AS OF APRIL 1ST. FAILURE TO RECEIVE A COPY OF THIS BILL MAY RESULT IN PURCHASER INADVERTENTLY FAILING TO PAY TAXES ON TIME, WHICH MAY RESULT IN PENALTY AND INTEREST CHARGES. ALL TAX INFORMATION IS BASED ON ORAL REPRESENTATIONS FROM THE TAXING AUTHORITY. NO INDEPENDENT INVESTIGATION OF THE MUNICIPAL RECORDS HAS BEEN MADE TO VERIFY THESE REPRESENTATIONS. THE UNDERSIGNED SHALL NOT BE RESPONSIBLE FOR INCORRECT REPRESENTATIONS FROM THE TAXING AUTHORITY. MORTGAGE(S) LISTED IN PARAGRAPH 2 MUST BE DISCHARGED, ATTACHMENT(S) AND LIEN(S) LISTED IN PARAGRAPH 3 MUST BE RELEASED, TAXES MUST BE PRORATED TO DATE OF CLOSING, AND FINAL READINGS OF ALL UTILITIES MUST BE TAKE, N. NO CERTIFICATION IS MADE AS TO THE ACREAGE, SIZE, OR BOUNDARIES OF THE SUBJECT LANDS AND PREMISES, NOR IS ANY CERTIFICATION MADE AS TO THE SURVEYS OF SAME. NOTHING HEREIN CONTAINED SHALL BE CONSTRUED AS A REPRESENTATION THAT (i) AN ACTUAL INSPECTION OF THE PREMISES HAS BEEN MADE, (ii) ACCESS TO THE PREMISES IS IN CONFORMANCE WITH THE PROVISIONS OF TITLE 19, V.S.A. SEC. 1111, (iii) THERE DOES OR MAY EXIST ON THE PREMISES NEW OR EXISTING UNDERGROUND STORAGE TANKS, (iv) THERE DOES OR MAY EXIST ON THE PREMISES HAZARDOUS WASTE, (v) ANY OTHER MATTER NOT PROPERLY RECORDED IN THE LAND RECORDS. NO INQUIRY OR INVESTIGATION HAS BEEN CONDUCTED, AND NO CERTIFICATION OR REPRESENTATION IS MADE, CONCERNING ANY ACTIVITIES WHICH COULD OR MIGHT RESULT IN FORFEITURE OF ANY RIGHT, TITLE AND INTEREST IN THE PREMISES TO THE UNITED STATES FOR ANY VIOLATION UNDER THE COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT OF 1970, AS AMENDED (CHAPTER 13 OF TITLE 21, UNITED STATES CODE ANNOTATED). THIS REPORT DOES NOT COVER AND THIS OPINION IS SUBJECT TO ANY FACTS WHICH WOULD RENDER THE PROPERTY SUBJECT TO THE RULING OF THE VERMONT SUPREME COURT IN THE CASE OF IN RE: EASTLAND INC 151 VT 497 (1989). 10. EXCEPTIONS - This report does not cover: and this opinion is subject to: a. Rights or claims of parties in possession not shown of record; b. Mechanics' or Materialmen's Liens not recorded; C. All applicable statutes, ordinances, and regulations of governmental bodies including use, zoning and building restrictions, imposed by them except as included in paragraphs 7 and 8 above; d. Any facts which would be disclosed by a physical survey or inspection of the premises; e. Except where indicated, Probate, Bankruptcy and other Court records, and records of birth, death, marriage and divorce; f. Special assessments or liens, if any, not shown of record. This report and opinion refers to and applies only so far back as forty years and is effective down to the 10th day of July, 2018, at 8:00 o'clock a.m. Guy L. Babb, Esq. Ward & Babb 3069 Williston Road South Burlington, VT 05403 H:AReal Estate\AROT\SOBURLINGTON\JJJ South Burlington, LLC-1580 Dorset St. & 1699 Hinesburg Rd., So. Burl.(July, 2108).wpd