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Home My WebLink AboutBATCH - Supplemental - 0000 Deerfield DriveGRAVEL AND SHEA ATTORNEYS AT LAW CHARLES T. SHEA 76 ST. PAUL STREET AREA CODE 802 STEPHEN R. CRAMPTON TELEPHONE 658-0220 STEWART H. MCCONAUGHY POST OFFICE BOX 369 FAX 658-1456 ROBERT B. HEMLEY WILLIAM G. POST, JR. BURLINGTON, VERMONT 05402-0369 CRAIG WEATHERLY CLARKE A. GRAVEL JAMES E. KNAPP COUNSEL JOHN R. PONSETTO DENNIS R. PEARSON NORMAN WILLIAMS PETER S. ERLY SPECIAL COUNSEL ROBERT F. O'NEILL MARGARET L. MONTGOMERY Lucy T. BROWN GLORIA J. LAPLANTE April 2, 1992 Raymond J. Belair Zoning and Planning Assistant South Burlington Municipal Building 575 Dorset Street South Burlington, VT 05403 Dear Raymond: Pursuant to your request, I enclose a warranty deed which reflects the correct directional to conform to the survey. Would you please record the subdivision mylar immediately and confirm that you have done so. Laura down in the Clerk's office is holding deeds that she is waiting to insert the map volume and page of the recorded mylar to accomplish the recording of the deeds. Thank you for your help and eagle eye in picking up the minor discrepancy. Cordially, G 'L AND SHEA 4 Stephen R. Crampton SRC:wbb Enclosure City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March ?'? , 1992 Gerald Milot. P.O. Box 4193 Burlington, Vermont Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the Findings of Fact. & Decision on the above referenced project. Please note the conditions of approval and the requirement that the final plat plans be recorded within 90 days of approval. If you have bons, please give me a call. S/ erenly, �� , / 11 . L, Jtp Weit.h', I_ ty Planner 1 Encl JW/mcp cc: Marie Underwood Lance Llewellyn City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 24, 1992 Stephen R. Crampton, Esquire Gravel & Shea. P.O. Box 369 Burlington, Vermont 05402 Re: Nowland Subdivision R.O.W. Dear Mr. Crampton: ZONING ADMINISTRATOR 658-7958 Enclosed please find the original Warranty Deed for the Nowland subdivision and a copy of the portion of the plat which is incorrectly stated in the deed. If you have any questions, please give me a call. Sincea;�e.ly, Raymond J. Belair, Zoning & Planning Assistant Encls RJB/mcp PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 March 20, 1992 Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: 2 Lot Subdivision, Spear Street. Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the February 4, 1992 Planning Commission meeting minutes. Please note the conditions of approval and the requirement that the final plat be recorded within 90 days of this approval. If you have any questions, please give me a call. ti rn y , oe Weith, City Planner Encls JW/mcp cc: Marie Underwood Lance Llewellyn MOTION OF APPROVAL I move the Planning Commission approve the preliminary plat and1�G►14� applications of L&M Partnership for subdivision of 127.4 acres of land into two (2) parcels of 66.7 acres and 60.7 acres as depict- ed on a two (2) page set of plans, page one entitled "Nowland Property II, Subdivision Plan," prepared by Fitzpatrick-Llewel- lyn,� Inc. and dated March, 1991, last revised 6/13/91, with the following stipulations: 1. Legal documents for the proposed 80 foot r.o.w. shall be recorded in the South Burlington land records prior to recording the final plat. These documents include the irrevocable offer of dedication and "Notice of Development Conditions" (attached). 2. The applicant shall record the final plat in the South Burl- ington land records within 90 days or this approval is null and void. The plat(s) shall be signed by the Planning Commission Chairman or Clerk prior to recording. PLANNING COMMISSION CITY OF SOUTH BURLINGTON RE: APPLICATION OF L & M PARTNERSHIP AND MARIE UNDERWOOD This matter came before the South Burlington Planning Commission pursuant to the provisions of Section 203 of the South Burlington Subdivision Regulations on application of L & M Partnership and Marie Underwood hereinafter "Applicants" for subdivision of 127.39 acres of land into two (2) parcels of 66.69 acres and 60.70 acres as depicted on a two (2) page set of plans, page one entitled "Nowland Property II, South Burlington, Vermont, Subdivision Plan" dated March, 1991 (stamped date of April 9, 1991). Based upon the evidence submitted at the meetings and as part of the application the Planning Commission hereby renders the following decision on this application: FINDINGS OF FACT 1. L&M Partnership and Marie Underwood are the record owners of the land which is the subject of this application. 2. This property is presently undeveloped and is located on the easterly side of Spear Street in the vicinity of Deerfield Drive and to the south and east of the IBIS property. This property is bounded on the north, east and south by undeveloped land and on the west by five (5) single family dwellings and Spear Street. 3. This property is located in the R1 and R2 Districts and an interim zoning district adopted by the City Council in April, 1989 which has a minimum lot size of the (10) acres. 4. The Interim Official Map and the proposed 1991 South Burlington Comprehensive Plan show two (2) proposed streets crossing this property which consists of an east -west r.o.w. and north -south r.o.w. The preliminary plat submitted shows the east -west r.o.w., and the north -south r.o.w. with a note pertaining to each of these r.o.w.'s stating "Connecting roads for location purposes only and not for dedication." Also shown on the preliminary plat is another r.o.w. running in an east -west direction which follows the path of the other east -west r.o.w. for approximately 650 feet and then angles to the north. This r.o.w. is 80 feet in width and has two (2) notes pertaining to it which read "Centerline proposed Deerfield Road Extension right-of-way" and "Area subject to invocable offer of dedication to the City of South Burlington from Lot B = 67,770 S.F. 1.55 AC." 5. The 1985 South Burlington Comprehensive Plan contains Map 2 - Recreation which shows proposed pedestrian trails crossing the Applicants' property. This same map, which is part of the proposed 1991 South Burlington Comprehensive Plan, continues to show proposed pedestrian trails/recreation paths crossing this property. The recreation paths are shown as running along portions of the proposed east -west and north -south r.o.w.'s. These proposed recreation paths are not shown on the preliminary plat submitted. 6. The proposed 1991 South Burlington Comprehensive Plan and Interim Official Map propose a 15.5 acre park along Spear Street to be located at the south-west corner of the Applicants' property. This proposed parkland is not shown on the preliminary plat submitted. 7. Members of the South Burlington Natural Resources Committee visited the Applicant's property on April 14, 1991 and submitted comments to the Planning Commission by way of a memorandum dated April 15, 1991. 8. The size and location of the existing water main along Spear Street is not shown on the preliminary plat submitted. 9. The sketch plan was reviewed by the Planning Commission on February 19, 1991 at which time the Commission determined this application to be a major subdivision. CONCLUSIONS 1. Section 505 of the South Burlington Subdivision Regulations requires that "proposed subdivisions shall conform to the Comprehensive Plan and all by-laws, including the City Zoning Ordinance." The Planning Commission concludes that since the preliminary plat submitted does not show the proposed recreation paths, the proposed parkland and the proposed north -south r.o.w. to be dedicated, the plat does not comply with Section 505. 2. Section 411 of the South Burlington Subdivision Regulations allows the Planning Commission to "require dedication of... parkland up to a maximum of 15% of the area of any plat." The Planning Commission concludes that since the Applicants have not shown any parkland for future dedication to the City of South Burlington that Section 411 is not being met. 3. Section 417m. of the South Burlington Subdivision Regulations requires the Planning Commission to evaluate any proposed major subdivision according to the standard that the development "will conform with the City's comprehensive plan." Since the preliminary plat submitted does not show the proposed parkland as shown on the proposed 1991 South Burlington Comprehensive Plan, the Planning Commission concludes that Section 417m. is not being met. The Planning Commission also concludes that since the proposed pedestrian trail as shown in the 1985 South Burlington Comprehensive Plan is not shown on the preliminary plat submitted that Section 417m. is not being met. The Planning Commission further concludes that since the proposed north -south r.o.w. n as shown in the proposed 1991 South Burlington Comprehensive Plan is not shown on the preliminary plat submitted as to be dedicated to the City of South Burlington that Section 417m. is not being met. 4. Section 203.1(a)(5). of the South Burlington Subdivision regulations requires that the preliminary plat show "the location and size of any existing... water main... on the property or serving the property to be subdivided." The Planning Commission concludes that since the preliminary plat submitted does not show the location and size of the existing water main along Spear Street that Section 203.1(a)(5) is not being met. nPPTCTnM Based on the above Findings of Fact and Conclusions, the Planning Commission makes the following decision: The Planning Commission hereby'approves the Applicant's request to subdivide a 127.39 acre parcel of land into two (2) parcels of 60.7 acres and 66.7 acres subject to the following conditions: 1. That the Final Plat show for the dedication to the City, the proposed recreation path as shown in the proposed 1991 South Burlington Comprehensive Plan. 2. That the Final Plat show the proposed parkland as shown on the Interim Official Map for future dedication to the city of South Burlington. 3. That the Final Plat only show one (1) east -west right-of-way for future dedication to the City of South Burlington and that the r.o.w. not cross through the wooded area at the south-east corner of Lot B. 4. The Final Plat show the north -south right-of-way as shown on the Interim Official Map and that a note be added to the plat that the r.o.w. is for future dedication to the City of South Burlington. 5. That the Final Plat be sealed and certified by a licensed land surveyor. 6. That the Final Plat be submitted for approval within 12 months. 7. That the Final Plat show the location and size of the existing water main along Spear Street. Dated at South Burlington, Vermont, this , 1991. day of Chairman of Planning Commission _ �UIG✓� d n d NOTICE OF DEVELOPMENT CONDITIONS This notice made this /cV'day of October, 1991, by L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont, and Marie Underwood, of South Burlington, Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: (a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; (b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the reminder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually construct the roadway and utilities shall not arise until the subsequent subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: OWNERS Witness Mane Underwood Witn s fitness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. L & M PARTNERSHIP B /'J-t�j Gerald C. Milot, general partner duly authorized At South Burlington, in said County and State, this i \ day of 1991, personally appeared Marie Underwood and she acknowledged this instrument, by - her signed, to be her free act and deed. Before me, Notary Public STATE OF FLORIDA COUNTY OF'SS. At Hillsborough Beach in said County and State, this Iv day of October, 1991, personally appeared Gerald C. Milot, general partner duly authorized, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. Before me, �1 �-� ✓/�'C��- Notary Public Nf{ TA. y ➢UPLTC, STATE 'S FLOR!D - My BUNL►i. T—u NUTAIIY YUBL►C UND"Wkn"S- [Mmnote.b 10] NOTICE OF DEVELOPMENT CONDITIONS This notice made this /off -"day of October, 1991, by L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont, and Marie Underwood, of South Burlington, Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: - (a) if either lot -is subsequently subdivided* with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; (b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty (80)? foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the reminder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually construct the roadway and utilities shall not arise until the subsequent subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: Witness _ c Witn ss OWNERS Marie Underwood itness .SLR Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized At South Burlington, in said County and State, this 1 k)% day of 1991, personally appeared Marie Underwood and she acknowledged this instrument, by .her.signed, .to be her free act and deed. Before me, Notary Pubtic STATE OF FLORIDA COUNTY OFSS. At Hillsborough Beach in said County and State, this day of October, 1991, personally appeared Gerald C. Milot, general partner duly authorized, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. Before me, ��'�� ✓�� CL�� INULaiy ruDl1c NfrTA�Y ➢T".'LTC, STATE `1 FLCIRD ui 1gMiJ�L'N EXPIN:: Me} S, HONL�i. Tb'AU 4U'rAYY PUBLIC UND"Wkt-RS' p&mnote.b 10) NOTICE OF DEVELOPMENT CONDITIONS This notice made this /off -"day of October, 1991, by L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont, and Marie Underwood, of South Burlington, Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: - - (a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; (b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the reminder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually construct the roadway and utilities shall not arise until the subsequent subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: Wit Witn s OWNERS Marie Underwood fitness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. L & M PARTNERSHIP By: /Aj ' /l Gerald C. Milot, general partner duly authorized At South Burlington, in said County and State, this i 1j\ day of _ 1991, personally appeared Marie Underwood and she acknowledged this instrument, bye ...___ ler.signed, to be her free act and deed. Before me, Notary Pub 'c STATE OF FLORIDA COUNTY OF `{jEr.+ �'.� 'SS. At Hillsborough Beach in said County and State, this Iv day of October, 1991, personally appeared Gerald C. Milot, general partner duly authorized, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. Before me, ��u-� ✓�� CL�� Notary Public NfrTA�Y PUPLTC, STATE `% FLOR'. y . My i :�MMi3S1,_'r4 F.)kP114 Mep 3, 15 BONI," ThA, NUTA1ty PUBLIC: UND"WkMRS. [I&mnote.b10] yr NOTICE OF DEVELOPMENT CONDITIONS This notice made this JAday of October, 1991, by L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont, and Marie Underwood, of South Burlington, Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: -- - (a) if either lot is subsequently subdivided with Tess than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; (b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the reminder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually construct the roadway and utilities shall not arise until the subsequent subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: Witness Witn s OWNERS Marie Underwood fitness Witness t STATE OF VERMONT COUNTY OF CHITTENDEN, SS. L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized At South Burlington, in said County and State, this 1k):� day of 1991, personally appeared Marie Underwood and she acknowledged this instrument, by ....her signed,.to_be her free act and deed. Before me, otary �rubc STATE OF FLORIDA COUNTY OF `{31c + ti%y� 'SS. At Hillsborough Beach in said County and State, this Iv day of October, 1991, personally appeared Gerald C. Milot, general partner duly authorized, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. Before me, ; � lzle-t -�✓---e tL_-` INULary ruoilc NrTARY PU71L1C, STATE ; FL" D My t :'14'�iJ�l.'N ExV1R::� Mey 3, 19ys. HUNG.:. y—U NUTAiIV Ft'uL1C UNGFytWYlTbits- J1&mnote.b 10] Z_ NOTICE OF DEVELOPMENT CONDITIONS Zv This notice made this /0%ay of October, 1991, by L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont, and Marie Underwood, of South Burlington, Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: -- -Pp (a) if either lot is -subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; (b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the reminder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually construct the roadway and utilities shall not arise until the subsequent subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: OWNERS Witness Marie Underwood Witn s Zitness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized At South Burlington, in said County and State, this N :� day of 1991, personally appeared Marie Underwood and she acknowledged this instrument, by9 _ . her signed, to be her free act and deed. Before me, Notary Public STATE OF FLORIDA COUNTY OF `Ec +1%•� �1� 'SS. At Hillsborough Beach in said County and State, this day of October, 1991, personally appeared Gerald C. Milot, general partner duly authorized, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. i Before me, ��1 ✓�� CG,�� Notary Public NrTA�Y 7L'PLTC, STATE ,) FLCR A- M>" WMiJ�I_'N FAVIR"" Mes S. BUNL.i, T—U MUTAYY YVbLIC UNDERwItI11'-RS. [I&mnote.b 10] I ' Z_ NOTICE OF DEVELOPMENT CONDITIONS This notice made this /a'day of October, 1991, by L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont, and Marie Underwood, of South Burlington, Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: - - (a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; (b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the reminder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually construct the roadway and utilities shall not arise until the subsequent subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: Witness Witn s OWNERS Marie Underwood Zitnes's" Witness t STATE OF VERMONT COUNTY OF CHITTENDEN, SS. L & M PARTNERSHIP L, By: I/Rit Gerald C. Milot, general partner duly authorized At South Burlington, in said County and State, this _ \V� day of 1991, personally appeared Marie Underwood and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, N::� Notary Pub 'c STATE OF FLORIDA COUNTY OF'SS. At Hillsborough Beach in said County and State, this ►v day of October, 1991, personally appeared Gerald C. Milot, general partner duly authorized, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. Before me, /--Z-L,��✓��CL�� Notary Public NCTAaY PVILIC, STATE. ) n(,R'D M1 i ;`MMissI._ N FXFIR::b Mep 3.!V45- 90 NL►i. n AU NOTARY FLNLIC UND"WYIT'"', [I&mnote.b 10J NOTICE OF DEVELOPMENT CONDITIONS" This notice made this /agday of October, 1991, by L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont, and Marie Underwood, of South Burlington, Vermont, (the "Owners"). WITNESSETH: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: (a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; (b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the reminder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually construct the roadway and utilities shall not arise until the subsequent subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. I?N- PRESENCE OF: Witness Witn s OWNERS Marie Underwood fitness Witness L & M PARTNERSHIP B y: i\�tt Gerald C. Milot, general partner duly authorized STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this 1K day of , 1991, personally appeared Marie Underwood and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, '-�7 "I x !�� otary Pub 'c STATE OF FLORIDA COUNTY OF'SS. At Hillsborough Beach in said County and State, this)-,-- day of October, 1991, personally appeared Gerald C. Milot, general partner duly authorized, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. Before me, Notary Public NI* TA�Y VL'^LiC, STATE FLCRID 45. 9oNf..i. ThAU NOTARY rl""C UjjrLRWkMRS- 11&mnote.b 10] e EXHIBIT A WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the "Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the concrete monument marking the southeasterly corner of the property of the within Grantors; thence N 83° 35' 03" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 65° 27' 46" W 361.57 feet to a concrete monument in the easterly boundary of property now or formerly of Ibis; thence N 26' 56' 48" E 80.08 feet to a concrete monument; thence S 65' 27' 46" E 358.20 feet to a concrete monument; thence in a curve to the left a length of 303.63 feet to a concrete monument; thence S 830 35' 03" E 1010.93 feet to a concrete monument in the easterly or rear boundary line of the property of the within Grantors; thence S 06° 24' 57" W 80.00 feet to the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted on a survey entitled "Subdivision Plan: Nowland Property II" dated March, 1991, last revised June 13, 1991, approved by the South Burlington Planning Commission dated , 1991 and recorded in Map Volume at Pages of the South Burlington City Land Records. The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own use and behoof forever; and we the said Grantors, MARIE UNDERWOOD and L & M PARTNERSHIP, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, We hereunto set our hand this /(� day of October, 1991. IN PRESENCE OF: Witness Witness GL•r/,c��l/�/Z/'� itn s Witness / STATE OF VERMONT CHITTENDEN COUNTY, SS. MARIE UNDERWOOD L & M PARTNERSHIP By:�itin.l Gerald C. Milot, general partner duly authorized At South Burlington, in said County, this 1 day of Berber 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. Before me,_.L, Nota Public My commission expires 2/10/95 STATE OF FLORIDA `- —'�- COUNTY, SS. At �� -i _ �.� r� . in said County, this�Y day of October, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, "- Notary Public My commissi �Q ~ r,ot� r n�ac�F Fy9s. YJ N4ISSNl��Y P4 B►.1C UhU�fiµKr1'E [I&mwd.b 10] STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this ] 1� day of O�,wter, 1991, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, 1 �~ Nota Public My commission expires 2/10/95 STATE OF FLOrA COUNTY OF ((� �) i i) 6 SS. At Hillsborough Beach, in said County and State, this 1 L day of October, 1991, personally appeared GERALD C. MILOT, general partner of L & M PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. [I&moffer.b 101 i Before me, ✓ �� . �� Notary Public My commission expires 2/10/95 NOTARY PVWJCG tTATS OF VWX(DA. 'AT COMMISSWN 14FIRU: map S, ills. -2- OFFER OF IRREVOCABLE DEDICATION Agreement made this 11th day of October 1991, by and between L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont and Marie Underwood, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City"). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Nowland Property II" dated March, 1991, last revised June 13, 1991, prepared by Fitzpatrick -Llewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated , 1991 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: Witness WitnNss Witness T Witness OWNERS Marie Underwood L & M PARTNERSHIP )/ Gerald C. Milot, general partner duly authorized EXHIBIT A WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the "Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the concrete monument marking the southeasterly corner of the property of the within Grantors; thence N 83° 3503" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 65° 27' 46" W 361.57 feet to a concrete monument in the easterly boundary re property now or formerly of Ibis; thence N 26° 56' 48" E 80.08 feet to a concrete monument; thence S property er 46" E 358.20 feet to a concrete monument; thence in a curve to the left a length of t; the fee[ to a concrete monument; thence S 83° 35' 03" E 1010.93 feet to a concrete monument 0 the easterly or rear boundary line of the property of the within Grantors; thence S 06° m S7" e t in feet as the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted to a survey entitled "Subdivision Plan: Nowland Property II" dated March, 1991, last revised June 13, 1991, approved by the South Burlington Planning Commission dated recorded in Map Volume at Pages 1991 and Records. g of the South Burlington City Land The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF.qntmi urrvr 11Ai/`1rr.wr . ,r. aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, We hereunto set our hand this day of October, 1991. IN PRESENCE OF: Witness Witness Witness By: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. MARIE UNDERWOOD L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized At South Burlington, in said County, this day of October, 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. STATE OF FLORIDA COUNTY, SS. Before in Notary Public My commission expires 2/10/95 At in said County, this day of October, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument_ by him Planning Commission 17 September 1991 page 2 3. Consider request of Earl Greer to eliminate a condition at- tached to his approval for a 2020 sq. ft. addition at 10 Dorset St. which required closure of a curb cut: Mr. Burgess noted that the State will ultimately close one curb cut when construction is complete on Dorset St. Mr. Greer asked to keep it open one year, until the construction is done. Con- struction is still not complete, and he still wants to keep it open. Ms. Peacock moved to grant another two years waiver to Greers' on the stipulation regarding closing of the curb cut. Mrs. Maher seconded. Motion passed unanimouslv. 4. Public Hearing: Final Plat application of L & M Partnership for subdivision of 127.4 acres of land into two parcels of 66.7 acres and 60.7 acres, Spear Street: Mr. Milot said it is basically the same plan as preliminary plat. Legal work has been worked out and the applicants are in agreement with the stipulations of preliminary plat. Ms. Peacock said she is concerned that Stipulation 2 may result in 100 units being built without a second access. Mrs. Maher asked that the minutes show this is clearly not the Commission's intention. Mr. Burgess asked that the City Attorney check to be sure of this. Ms. Peacock moved the Planning Commission approve the final plat application of L&M Partnership for subdivision of 127.4 acres of land into two (2) parcels of 66.7 acres and 60.7 acres as depicted on a two (2) page set of plans, page one entitled "Now - land Property II, Subdivision Plan," prepared by Fitzpatrick - Llewellyn, Inc, and dated March, 1991, last revised 6/13/91, with the followinq stipulations: 1. Legal documents for the proposed 80 ft. r.o.w. shall be sub mitted to the City Attorney for approval prior to recording the Final Plat. These include the irrevocable Offer of Dedication, and roadway and utility construction agreement (Development ArtrAAmAnt 1 koA i n tk,o Orol 4 ,. 4 ---- nl _+. l A_+ -,.,I PLANNING COMMISSION 17 September 1991 page 3 3. The applicant shall record the final plat in the South Bur- lington land records within 90 days or this approval is null and void. The plats shall be signed by the Planning Commission Chairman or Clerk prior to recording. Mrs. Maher seconded, and the motion was passed unanimouslv. 5. Site Plan application of Gagnon's Day School for conversion of an existing 1280 sq. ft. single family home to a preschool, kin- dergarten, and day care center use, 2004 Williston Rd.: Mr. Senesac located the property just west of The Huddle. There is parking behind the building for 7 vehicles. There is a fenced in play area of about one acre. The drop-off for children is behind the building. Mr. Sheahan asked that there be an assurance of adequate lighting. Ms. Peacock asked that the fence between this property and the Huddle remain. Mr. Senesac noted a child would never be able to go from the building to the play area without being totally fenced in. Mr. Sheahan agreed the fence should remain. Ms. Pugh expressed concern about circulation and felt with 20 cars coming in at the same time there was a safety issue. Mr. Burgess asked whether it is possible to turn around if all the parking spaces are filled. Mr Weith felt it would be tough to do. Mr. Senesac said there is all kinds of land for turning around out back. It's very flat. Ms. Peacock suggested a re- view after a year to see if there are any problems. Mr. Weith said the property owner to the west called and is afraid the children will go into her yard. She asked for a fence. Ms. Peacock noted the children are already fenced in. Ms. Peacock moved the Planning Commission approve the Site Plan application of Gagnon's Day School for conversion of an existing 1,280 sq. ft. single-family home to a preschool, kindergarted and a day care center use a depicted on a plan entitled "Map of 2004 Williston Rd., South Burlington, Vermont," prepared by Katherine Blair and dated 8/27/91, with the following stipulations: PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 January 31, 1992 Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is an agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, February 4, 1992 at 7:30 P.M. to present your request. Sincerely, G�Q-Gf JJbe Weith, V4 City Planner Encls JW/mcp cc: John Larkin John Steele Marie Underwood Memorandum February 4, January 31, Page 3 - Planning 1992 agenda items 1992 Landscaping: Revisions have again been made to the landscaping plan and this plan still meets the minimum landscaping require- ment of $107,500. Five (5) additional street trees have been added for a total street tree value of $16,000. Therefore, the total landscaping value is $123,500. The landscaping plan indicates that there will be 12 Honey Locust in the area between the bank and the retail building but staff counts only eight (8) trees in this area which are shown on the plan. The landscaping plan also indicate that six (6) Radiant Crabapple trees will be planted at the westerly end of the site on the northerly side of Fayette Road but the plans show only five (5) trees at this location. Staff suggests more landscaping along the parking lot behind McDonald's to screen the lot from Fayette Road. Other: --- footprint of main motel building is different on sheet 2 than on the other sheets. All sheets should show this building with the same configuration. --- sheet 1, note 10 indicates that the hotel has 60 units, it is staff's understanding that there are now 61 units. --- applicant was requested to submit elevations of the new building for the Planning Commission to review aesthetics criteria but none have been submitted. 4) LO PARTNERSHIP/MARIE UNDERWOOD = 2 LOT SUBDIVISION - SPEAR STREET This application is for reapproval of a preliminary plat and final plat approved on June 25, 1992 and September 17, 1991 respectively (minutes enclosed). The project consists of the subdivision of 127.4 acres of land into two (2) parcels of 66.7 acres and 60.7 acres. The reason for the reapproval is the failure of the applicant to record the final plat within 90 days PLANNING COMMISSION 25 June 1991 page 2 Commission present for the discussion. Mr. Weith will put the issue on a future work session agenda. Mr. Giebink said they spoke to Joe about this becaue of the time factor for sewer improvements. He noted that some of the reserve capacity goes back to 1979. He said it wouldn't be a selling of rights but an exchange of places on the list with someone who has no immediate plans to build. He noted Lakewood Commons has already gotten a positive response on a trade from someone ahead of them on the list. 2. Minutes of 14 and 28 May 1991_: Mr. Craig moved the Minutes of 14 May be approved as written. Mr. Sheahan seconded. Motion passed unanimously. Mr. Craig moved the Minutes of 28 May be approved as written. Ms. Peacock seconded. Motion passed unanimously. 3. Continue Public Hearing: Preliminary Plat application of L & M Partnership for subdivision of 127.39 acres of land into two parcels of 66.9 and 60.7 acres, Spear Street: ir. Crampton said the applicant has put their position in writing. He said they feel this is merely a legal division of the property. The applicant is going to dedicate at this time the extension of Holmes Rd. from Spear St. through the property in the place the city has said they want. They have indicated both the proposed park as well as the general location of the north/south extension of Swift Street. Mr. Craig asked whose responsibility is it to build the road when there is a major subdivision on either parcel. Mr. Crampton said if it was going to be used on either lot, he felt it would be the developer who comes in with the major subdivision. Mr. Craig stressed that he didn't want any implication that the city was to build that road. Mr. Sheahan felt the language was too vague. Mr. Crampton felt that whatever project creates the need for the access should build the road. When the demand is there, he said, the city has the right to require the road to be built. PLANNING COMMISSION 25 June 1991 page 3 Following a brief recess, Mr. Crampton proposed the following: where there is development occurring of less than 50 units on ei- ther parcel there would be an obligation for at least one access to come in on this road as far as necessary to serve the project. For 50 or more units, the developer would have to build the whole road to the property line. It would be the responsibility of L & M Partnership to see that this condition is met. Mrs. Maher said she wants it understood that Mrs. Underwood has to agree to this condition. Mr. Burgess noted that if she doesn't, everything is back to square one. Mr. Burgess suggested closing the hearing and telling the applicant what the Commission understands will happen. Final wording can be gotten then from the City Attorney. Members felt it was too early to close the public hearing. Mrs. Maher felt the City Planner should draft wording so Mrs. Underwood can take it to her attorney and get advice. Ms. Peacock was more comfort- able with the City Attorney drafting the wording. Mr. Burgess noted that Mr. Milot had said he was willing to cov- enant that if either parcel came in for any subdivision, it could be treated as a major dubdivision. Mr. Crampton said that Mrs. Mr. Boyd asked the status of the proposed road. Mr. Crampton explained it is not to be built now but is on the plan because it is on the official city map. Mrs. Pritchard asked what kind of impact studies are done for development plans and asked if the land could be developed one unit at a time. Mr. Burgess explained this can happen but the Commission doesn't want it that way. Mr. Scott raised the question of the recreation path on the back portion of the lot. Mr. Crampton said this could be discussed with any developers at the time there is a development plan. Mr. Larkin said he has no problem including it when everything is settled. PLANNING COMMISSION 25 June 1991 page 4 1. As expressed by the applicant, prior to final plat, legal doc- uments for the east -west r.o.w. shall be submitted to the City Attorney for review and approval. The documents shall satisfac- torily address the followingprovisions: a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 ft. r.o.w and con- struct to city standards that portion of the roadway and utili- ties necessary to serve the development. b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line 3. The final plat application shall be submitted within 12 months or this approval is null and void. Mr. Craig seconded. The motion passed unanimously. 4. Public Hearing: Revised Final Plat application of John Larkin and Gerald Milot for construction of a planned commercial,de- velopment consisting of 150 multi -family residential units, a 60 room hotel, 20,000 sq. ft. movie theatre, and 40,000 sq. ft of retail use o.n a 33 acre parcel, Shelburne Rd: Mr. Rabideau said the applicant will keep the back building of Larkin Terrace in a modified form. The movie theatre will have a shared parking arrangement with the other side of the road. He noted there is a concern about the -number of curb cuts on the right of way. He felt this is the best arrangement at this time. Later, if there is development across the road, two curb cuts could be removed from the right of way. Mr. Craig asked if this could be stipulated. Mr. Rabideau said they could live with that. A new traffic report from Resource Systems was presented. Mr. Weith noted they averaged various counts that have been done for theatres and came up with a new trip rate. They also updated residential and retail estimates based on the new ITE 5th edition. The result is an estimated 569 trip ends. Mr. Weith said he is comfortable with this figure. Mrs. Maher asked if the landscape plan reflects the extra shrubs TheIgurGngton freePuss P.O. Box 10 • Burlington, VT 05402.0010 ADDRESS CORRECTION REQUESTED Comments: I G y r CLASSIFIED ADVERTISING INVOICE START DATE BILL DATE 01/18/92 01/18/92 CUSTOMER NAME I SOUTH BURLINGTON CIT PUBLICATION SALESPERSON OLY BURL INGT 49 TELEPHONE NUMBER AD/INVOICE NO. 802-658-7956 115077 93.06 1 �: PLEASE WRITE AD/INVOICE NO. ON CHECK - AMOUNT PLEASE DETACH AND ENCLOSED $ RETURN THIS STUB WITH YOUR PAYMENT CUSTOMER CHECK NO. I R titiourongton irre LEGAL NOTICES i P.O. Box 10 Burlington, VT 05402-0010 Uon of a planned +rnmer- pl Clal develop 'e.nt consisting of 150 m " family residential units, a PUBLIC HEARING room hotel, 20,000 squara foot movie theater SOUTH BURLINGTON 0000 seats), a 25,000 PLANNING COMMISSION square foot retail building, and a 3,600 square foot The South Burlington n9 fast food restaurant with drive through window, on Planning Commission will a 33 acre parcel located hold a public hearing at on Shelburne Road. The the South Burlington City parcel is bounded by Mer- Han, Conference Room, rihew, c/o Pomerleau 575 Dorset Street, South Real Estate, Plzzagalli Burlington, Vermont on Construction, Thomas Tuesday, February 4, Farrell, State of Vermont 1992 at 7:30 P.M. to con- and Sheibume Road. sider the following: 1) Revised final plat appli- 2) Preliminary and final cation of John Larkin and Dlat applications of LSM Gerald Milot for construc- partnership for subdivi- Continued Next Column Continued Next Column Z /)o �,✓l LEGAL NOTICES cei into two (2) 0 66.7 acres am acres, Spear Strr ppaarcel is bounder, Dencker, B. Fa Isham, Economot Inc., J. Scanl Unsworth, W. Re Corporation, J. I Boyd, D. Meredit, kips, and M. Und�+' Copies Of the ar9 2 are available fc� Inspection at tft Burlington City HI WilliartA�-- South Planning Go, -- January 18, 199i - 97�D0RShT'Sy' •- -- SO BURLINGTON VT 05403 .G6 PUBLIC UE8EINg The South Burlington Planning Commission will hold a public - hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, February 4, 1992 at 7:30 P.M. to consider the following: 1> Revised final plat application of John Larkin and Gerald Milot for construction of a planned commercial development con- sisting of 150 multi -family residential units, a 60-room hotel, 20,000 square foot movie theater (1000 seats), a 25,000 square foot retail building, and a 3,600 square foot fast food restau- rant with drive through window, on a 33 acre parcel located on Shelburne Road. The parcel is bounded by Merrihew, c/o Pomerleau Real Estate, Pizzagalli Construction, Thomas Farrell, State of Vermont and Shelburne Road, 2) Preliminary and final plat applications of L&M Partnership for subdivision of a 127.4 acre parcel into two (2) parcels ot 66.7 acres and 60.7 acres, Spear Street. The parcel is bounded by M. Dencker, B. Farrell, I.Isham, Economou Farms, Inc., j. Scanlon, R. Unsworth, W. Ready, Ibis Corporation, J. Chiu, A. Boyd, D. Meredith, A. Atkins, and M. Underwood. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, �South Burlington Planning Commission January 18, 1992 i L1'I'Y 01" L OUI.'II U111t At'KNUN SUIXlivi:;ion Appliccltioll - FINAL PLAT 1) Name of AII)licant L do M Partnership, 410 Shelburne Road, South EiurlinQton_864-744�4 2) Nalm of SUlxlivision NowlIndProeerty II 3) Indicate any changes to Hanle, addresL,, or phone nuuJx:r of owner of .reci;i:�l, contact person, enoineer, surveyor,• attorney or plat desiqncc; :':_..:...:..._: since preliminary plat application:no chances 4) Indicate any clianyo! tO thCC JLIIXI r,I1J 1Un, SUCI1 a:; nL111JX?L Of lOt:i or units, - — property lines, applicant's ].c(JaI irlterust• in the prolxrty, or ca(welol>tllenttll. t-ilwLable, since preliminary I)]at j.IIiplicatioll: no changes 5) Sublllt Lour copies of a flnl)1 Jet oI: li l.11l lJ 0oll:,iJt LI IC.1 of a final p.1CIt lAI.I:7 -•• engineerincj drawings and conttlinilIq .111. information re(_jUirtd urxaer seet.ion 20.:.1 of the SUIXIiViSion C('C)(11lII.L(.)n.7 I()I CI Illlnol SUbTiViSion CInI.I UlkILI: 204.1(zl) for a IIIZl jor• SLIb(liV I.:;l(.jll. G) Submit two) draft- copies of a1.1 lecl�►1 doctinunts reduiJ.'Qd under - Section 202.1 (11) and (12) of the Subdivision Ir(lu.loLions fc)l- a ulilx)r sulAivisioll tInd under section 204.1(I)) for a 111 11 '()I' t CITY 0V SOU111 BURR JNCPUN SUIXIM ion Application - P1t1 LIM1NARY I111VII 1) Naw of Applicant: L do M Partnership, 410 Shelburne Rd., South Burlington 864-7444 2) Name of Subdivision Nowland Property II 3) SUNIlit SULx-livi`_ ion Fee $60.00 A) Describe SulAiviSion (i.(2. Lotal acr.eiiye, nund-Ner of lots or units, type of land use, gross l-loor area for c)awY2,,rcial or industrial uses): Subdivide _127.39 acre parcel east of Spear Street across from, Deerfield Rd. into parcels A (66.69 acres retained by L do M Partnership) and parcel B (60.70 acres retained by M. Underwood). 'No further subdivision or improvements at this time. 5) Indicate any changes to nave, addreSS, or phone nLWd r of owner of: record, applicant, or contact per:xon Since sketch plan application: G) Name, clddress, and phone nUldxMr Of: a. Engineer FitzPatrick-Llewellyn Incorporated, One Wentworth Dr., Williston, Vermont 05495 878-3000 b. :purveyor Gary H. Coe, FitzPatrick-Llewellyn Incorporated c. Attorrlc► y d. flat Designer FitzPatrick-Llewellyn Incorporated 8) LiSL nl-mv:.: dnd IluillnC) of owner, of record of all contigUOLIS Ijrolx-r t ion , : See attached sheet 9) State title, drawing nru►g)er•, date of origiwll. p1LIs any revisions, and do ,igner (s) of 'the preliminary accompanying this application: No prior plans ' 10) COST 2',TIMNI'1.-'-S for Planned Unit Devolof-vilcnts,Illulti=lfamily projects, zinc] cuicy--rci..l]. and il-.Ll'-;tri it wilplexes: (a) liu ildings N/A (b) I.:uxlscahing N/A (c) All Other Site Improvem-1riL. (i�.dcurb work) N/A ll) I•:.`.�I'IMI-ED '1'IV FFTC lor. Planned Unit Ikwe.l.ol.nlr<rnts, multi-ftullily Iprojec zinc] L"ime-rcial and industrial complexes (2-way traffic, in plus Out): A.M. Peak hour N/A P.M. peak hour N/A Average daily traffic N/A 'I of tr. uckS N/A 12) Attach four copier: of. a preliminary 1101? _showing the followin(j .inforitotion: 1) Pro[Yased Sulxli.vision nl-mv or identifying. title and the name of the city. 2) Name and address of owner of r.eeord,Sulx]ivider and designer. of Prelim- 1) The 11,11t', of all. s.ulklivi.s;ions inu►lediatel.y adjacent and the nairr_s of oviners; of record of actjacent acreage. 5) '11"o location all(:-] size of any exintino sewers and water mains, culverts Zinc] drains on the prolxerty or serving the property to be sulx-]ivided. G) location, rV1111 S, and widths: of existing and proposed streets, private o ways, sidewalks;, curb cuts, paffiS, c-aselr_nts, 1:orks and other public or privately m►intained open slklces as well as similar facts regarding adjacent property. 7) Contour lines at intervals; of five feet, ixised on United States C.'ol.cxj- ica l Survey datum of existing o► tides, and also of proposed finished grades whore change of oxis:tind Around elevation will be lave feint or more. �) CL)IIII l(Ae s;u►:vk'y of nul,divi:;ion tract. by a licensed land surveyor. 9) NLU►Ic�rical and .lraphir E;C�110, d.►te and true north arrow. 10) Details q1' hrolxr;ed connection with exis;t.ind water supply or alternative means of providipg water supply to tV SulXIMSion. 11) Details of prop(_):�Od connection with tl►e existing sanitary sewage dispof;al system or acAxluate provis;ions; for on -site disposal of septic wastes. 12) If on -site sewage dilWal ys;ten1 is Prolx>scld,location and results of tests to ascortain subsurface soil, rook and ground water condition:, depth to oruund waer unless pits.; are (.Iry .It deptJ, of five f.Qet; location and r► result:! of percolation tests. 13) Provision: for collecting and discharging storm drainage in the form of drainage plan. 16) All parcels of land to IA: dedicated or reserved for public u;e arui tfle co►-Iciitions of such dedication or reservation. 13) Developi-ental tiny t�:�f.�l.e (inclUdir)(l nuud)(,.r of pi lases, and start and cwpletion da tes ) 14) List the waivers applicant desires from the requirements of these regulations; 15) Attach vicinity i7kip showing the following: 1) All existing sufxlivisionJ, approximate tract lines and acreage of adjacent jx1rcels, toyether with the nk-1111es of the reaarcl owners of all adjacent parcels of land, namely, t)iose directly abutting or directly across any street id joining the pro}.x)sed sulxaivi:;ion. 2) Locations, wicltths and names of existing, filed or proposed streets, curb cuts, easemel-Its, building lines and alleys pertaining to the proposed Bull--� division and to the adjacent prope-r. ties as designated in paragraph 1 above. 3) An outline of: the platted area ta3ether with its street system and an indicat.?on of the future probable street :system of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire YxDlding. 8.) List of contiguous property owners: 1. Dencker, Margreta D. 1430 Spear Street, South Burlington 2. Farrell, Brent H. 1350 Spear Street, South Burlington 3. Isham, Ila M. 1225 Spear Street, South Burlington 4. Economu' Farms Inc., Dean Economu, Notch Brook Rd. Stowe, Vermont 05672 5. Scanlon, June D. Box 243 Gripper Hill Rd., Vestal, New York 13850 6. Unsworth, Raymond R. 1700 Spear Street, South Burlington 7. Ready, William J. 1680 Spear Street, South Burlington 8. Ibis Corp, Frederick T. Molton, 131 Elden Street, Suite 200, Herdon, Virginia 22070 9. Chin, Jen Fu 1560 Spear Street, South Burlington 10. Gagnon, Helen N. 1520 Spear Street, South Burlington 11. Meredith, Douglas L. 1500 Spear Street, South Burlington 12. Atkins, Amy M. 1460 Spear Street, South Burlington 13. Underwood, Marie 1589 Spear Street, South Burlington City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 (J a nu,-ary 14 , 1 i a2 Mr. Gerald Milot P.O. Bo": 419'1 Btiiiington, Vermont 05402 Pe: 2 Lot Sul--Ai-vision, m] M 1 ZONING ADMINISTRATOR 658-7958 please find a copy of the Findings of Fact & Decision on r reference,.--�' proJect. If you have any que-stions, please :_rive me a call. I - (-7 ffl' V j / --e Weith, nne I Encl Jw/mcp CO: John I'arikill J- T ohn- Steele Marie Under-w-,od City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 13, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, VT 05401 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and comments from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please be sure someone is present on Tuesday, September 17, 1991 at 7:30 PM to represent your request. S cerely, oe Weith City Planner JW/peh cc: John Larkin John Steele Marie Underwood 7/�/ �r f t1Cv!/C'A'o -7 1�71 (ckop, A,-4e—q,,,_ A kid 1� /� �9/�q Ko V e- d PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 November 5, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05402 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a corrected copy of the Findings of Fact and Decision on the above referenced project. The correction is highlighted in yellow. Please destroy the document sent with my letter dated November 1, 1991. If you have any questions, please give me a call. S' ere , u4i P--� J Weith, C' y Planner 1 Encl JW/mcp (If, ! Tnhn T.arki n City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 November 1, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont 05401 ZONING ADMINISTRATOR 658-7958 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: Enclosed please find a copy of the Findings of Fact and Decision on the above referenced project. If you have any questions, please give me a call. S ere y, e Weitl ity Planner Encls JW/mcp cc: John Larkin John Steele r• I r r I♦ � C Las4- ��«� �� i3� ��e l�r Lx (AJjL {v; 5( r 0 F7Y"% P- v F -P ca %eeJ �C—x4,'41'oL 14) cam/ -.,A- e 1w)U t W ✓h G r / C/o, ,/Zr' l� . is ,. a / ;7✓ r, ak c STEVEN F. STITZEL PATTI R. PAGE* ADAM E. BRIDGE (*ALSO ADMITTED IN N.Y.) Mr. Joseph Weith, South Burlington 575 Dorset Street South Burlington, STITZEL & PAGE, P.C. ATTORNEYS AT LAW 171 BATTERY STREET BURLINGTON, VERMONT 05401 TELEPHONE (802) 660-2555 FAX (802) 660-2552 September 25, 1991 Planner Offices Vermont 05403 Re: L & M Partnership Subdivision Dear Joe: OF COUNSEL ARTHUR W.CERNOSIA I have reviewed the following legal documents regarding the above -referenced subdivision: (1) Offer of Irrevocable Dedication with Exhibit A (Warranty Deed for 80 foot right of way); and (2) Notice of Development Conditions (draft dated 9/25/91). The Offer of Dedication with attached Exhibit is in acceptable form with one correction. The course in the property description in Exhibit A which reads: "thence N 260 56' 56" E 80.8 feet to a concrete monument" should be changed to "N 260 56' 48" E". The city also needs to obtain an executed Warranty Deed with transfer tax return in the same form as Exhibit A. I have modified the Notice of I evel of rent Conditions to incorporate the clarification requested by the Planning Commission, and with such changes, such document is ready for execution. Very truly yours, DRAFT NOTICE OF DEVELOPMENT CONDITIONS 9/25/91 This notice made this day of 1991, by L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, Vermont, and MARIE UNDERWOOD, of South Burlington, Vermont, (the "Owners"). W I T N E S S E T H: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.,; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at page 605 of the South Burlington City Land Records (and depicted nn a nlan recorded in Map Volume 252 at naae 87 of said Land approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the remainder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligation to actually construct the roadway and utilities shall not arise until the subsequent subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. 4. The obligations imposed hereby shall not relieve the owners from compliance with applicable provisions of City ordinances regarding public road access to major or secondary streets including the requirements presently contained in the City of South Burlington Subdivision Regulations that not more than 50 dwelling units may be served by a street or system of streets sharing a common single access to a major or secondary street. 5. The requirements of this Notice of Development Conditions shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document IN THE PRESENCE OF: OWNERS Marie Underwood L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized STATE OF VERMONT ) . SS. COUNTY OF CHITTENDEN) At South Burlington, in said County and State, this day of , 1991, personally appeared Marie Underwood and she acknowledged this instrument, by her signed, to be her free act and deed. Before me STATE OF VERMONT ) Ss. COUNTY OF CHITTENDEN) Notary Public My Commission Expires At South Burlington, in said County and State, this day of , 1991, personally appeared Gerald C. Milot, general partner of L & M Partnership, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. Before me Notary Public My Commission Expires q1rh( W(�u OFFER OF IRREVOCABLE DEDICATION Agreement made this day of September, 1991, by and between L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont and Marie Underwood, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City"). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Nowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick-LLewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated , 1991 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: Witness Witness Witness Witness By: OWNERS Marie Underwood L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized [8/8/911 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared GERALD C. MILOT, general partner of L & M PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. [1&moffer.b09] Before me, Notary Public My commission expires 2/10/95 - 2 - EXHIBIT A WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the 'Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the concrete monument marking the southeasterly corner of the property of the within Grantors; thence N 83° 35' 03" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 65° 27' 46' W 361.57 feet to a concrete monument in the easterly boundary of property now or formerly of Ibis; thence N 26' 56' 56' E 80.08 feet to a concrete monument; thence S 65° 27' 46' E 358.20 feet to a concrete monument; thence in a curve to the left a length of 303.63 feet to a concrete monument; thence S 83' 35' 03" E 1010.93 feet to a concrete monument in the easterly or rear boundary line of the property of the within Grantors; thence S 06° 24' 57" W 80.00 feet to the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted on a survey entitled "Subdivision Plan: Nowland Property II" dated March, 1991, last revised June 11, 1991, approved by the South Burlington Planning Commission dated , 1991 and recorded in Map Volume at Pages of the South Burlington City Land Records. The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own use and behoof forever; and we the said Grantors, MARIE UNDERWOOD and L & M PARTNERSHIP, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, We hereunto set our hand this day of September, 1991. IN PRESENCE OF: Witness Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. MARIE UNDERWOOD L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized At South Burlington, in said County, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of September, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before Notary Public My commission expires 2/10/95 [1&mwd.b09] OFFER OF IRREVOCABLE DEDICATION Agreement made this day of September, 1991, by and between L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont and Marie Underwood, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City'). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Nowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick-LLewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated , 1991 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: OWNERS Witness Witness Witness Witness By: Marie Underwood L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized [8/8/911 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared GERALD C. MILOT, general partner of L & M PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, Notary Public My commission expires 2/10/95 [1&moffer.b09] [8/8/91] - 2 - EXHIBIT A WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the "Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the concrete monument marking the southeasterly corner of the property of the within Grantors; thence N 83° 35' 03" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 65' 27' 46" W 361.57 feet to a concrete monument in the easterly boundary of property now or formerly of Ibis; thence N 26° 56' 56" E 80.08 feet to a concrete monument; thence S 65° 27' 46" E 358.20 feet to a concrete monument; thence in a curve to the left a length of 303.63 feet to a concrete monument; thence S 83° 35' 03" E 1010.93 feet to a concrete monument in the easterly or rear boundary line of the property of the within Grantors; thence S 06' 24' 57" W 80.00 feet to the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted on a survey entitled "Subdivision Plan: Nowland Property II" dated March, 1991, last revised June 11, 1991, approved by the South Burlington Planning Commission dated , 1991 and recorded in Map Volume at Pages of the South Burlington City Land Records. The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own use and behoof forever; and we the said Grantors, MARIE UNDERWOOD and L & M PARTNERSHIP, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, We hereunto set our hand this day of September, 1991. IN PRESENCE OF: Witness Witness Witness By: Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. MARIE UNDERWOOD L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized At South Burlington, in said County, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of September, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before Notary Public My commission expires 2/10/95 [1&mwd.b09] OFFER OF IRREVOCABLE DEDICATION Agreement made this day of September, 1991, by and between L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont and Marie Underwood, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City"). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Nowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick-LLewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated , 1991 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: OWNERS Witness Witness Witness Witness By: Marie Underwood L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized [8/8/911 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared GERALD C. MILOT, general partner of L & M PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, Notary Public My commission expires 2/10/95 [1&moffer.b09] [8/8/91] - 2 EXHIBIT A WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the "Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the concrete monument marking the southeasterly corner of the property of the within Grantors; thence N 83° 35' 03" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 65° 27' 46" W 361.57 feet to a concrete monument in the easterly boundary of property now or formerly of Ibis; thence N 26° 56' 56" E 80.08 feet to a concrete monument; thence S 65' 27' 46" E 358.20 feet to a concrete monument; thence in a curve to the left a length of 303.63 feet to a concrete monument; thence S 83° 35' 03" E 1010.93 feet to a concrete monument in the easterly or rear boundary line of the property of the within Grantors; thence S 06° 24' 57" W 80.00 feet to the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted on a survey entitled "Subdivision Plan: Nowland Property II" dated March, 1991, last revised June 11, 1991, approved by the South Burlington Planning Commission dated , 1991 and recorded in Map Volume at Pages of the South Burlington City Land Records. The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own use and behoof forever; and we the said Grantors, MARIE UNDERWOOD and L & M PARTNERSHIP, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, We hereunto set our hand this day of September, 1991. IN PRESENCE OF: Witness MARIE UNDERWOOD Witness Witness Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized At South Burlington, in said County, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of September, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, Notary Public My commission expires 2/10/95 [1&mwd.b09] OFFER OF IRREVOCABLE DEDICATION Agreement made this day of September, 1991, by and between L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont and Marie Underwood, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City"). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Nowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick-LLewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated , 1991 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: OWNERS Witness Witness Witness Witness LIM Marie Underwood L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized [8/8/91] STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared GERALD C. MILOT, general partner of L & M PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. [1&moffer.b09] Before me, Notary Public My commission expires 2/10/95 - 2 - EXHIBIT A WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the 'Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the concrete monument marking the southeasterly corner of the property of the within Grantors; thence N 83° 35' 03" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 65° 27' 46" W 361.57 feet to a concrete monument in the easterly boundary of property now or formerly of Ibis; thence N 26' 56' 56" E 80.08 feet to a concrete monument; thence S 65° 27' 46' E 358.20 feet to a concrete monument; thence in a curve to the left a length of 303.63 feet to a concrete monument; thence S 83° 35' 03" E 1010.93 feet to a concrete monument in the easterly or rear boundary line of the property of the within Grantors; thence S 060 24' 57" W 80.00 feet to the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted on a survey entitled "Subdivision Plan: Nowland Property II" dated March, 1991, last revised June 11, 1991, approved by the South Burlington Planning Commission dated , 1991 and recorded in Map Volume at Pages of the South Burlington City Land Records. The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own use and behoof forever; and we the said Grantors, MARIE UNDERWOOD and L & M PARTNERSHIP, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, We hereunto set our hand this day of September, 1991. IN PRESENCE OF: Witness Witness L & M PARTNERSHIP Witness By: Witness Gerald C. Milot, general partner duly authorized STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. STATE OF VERMONT CHITTENDEN COUNTY, SS. Before Notary Public My commission expires 2/10/95 At South Burlington, in said County, this day of September, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, Notary Public My commission expires 2/10/95 [1&mwd.b09] City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 18, 1991 Steve Stitzel, Esquire Stitzel & Page, P.C. 171 Battery Street Burlington, Vermont 05401 Re: Offer of Irrevocable Dedication, L&M Partnership/ Marie Underwood Subdivision Dear Steve: ZONING ADMINISTRATOR 658-7958 Enclosed is a copy of a proposed Offer of Irrevocable Dedication and Warranty Deed for a future roadway within the above refer- enced subdivision. This subdivision was approved by the Planning Commission on September 17, 1991 with a condition that you review these documents. Please contact me at your earliest convenience with any comments or revisions. Sincerely, I �Jwld J e Weith, /V City Planner JW/mcp DRAFr DEVELOPMENT (AGREEMENT 9/17/91 AGREEMENT made this day of , 1991, by and between L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, Vermont, and MARIE UNDERWOOD, of South Burlington, Vermont, (the "Owners") and the CITY OF SOUTH BURLINGTON (the "City"). W I T N E S 8 E T H: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised O'une 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.,; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) foot strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include - I - utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (60) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the remainder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligations to actually construct the roadway and utilities shall not arise until the subsequent [apace] subdivision of each lot has received all other final permits and approvals and actual construction of the subsequent subdivision of each lot has commenced. [4. This —irrevocable off e-r ^P D a s .ist on shall run wit4i-t-he --their respeetive of the ..=a tZ• �—�ccit -the sueeessers in tit -lee te a tit�-r�:-errs ] IN WITNESS WHEREOF, the owners hereby execute this document as of the day first above written. IN THE PRESENCE OF: OWNERS Marie Underwood L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized - 2 - STATE OF VERMONT i : as. COUNTY OF CHITTENDEN) At South Burlington, in said County and State, this day of , 1991, personally appeared Marie Underwood and she acknowledged this instrument, by her signed, to be her free act and deed. Before me STATE OF VERMONT ) : Ss. COUNTY OF CHITTENDEN) Notary Public My Commission Expires At South Burlington, in said county and State, this day of , 1991, personally appeared Gerald C. Mot, general partner of L & M Partnership, and he acknowledged this instrument, by him signed, to be his free act and deed and the. Free act and deed of L & M Partnership. I:\SON060.dev Before me - 3 - Notary Public My Commission Expires 9/17/91 JW MOTION OF APPROVAL I move the Planning Commission approve the Final Plat application of L&M Partnership for subdivision of 127.4 acres of land into two (2) parcels of 66.7 acres and 60.7 acres as depicted on a two (2) page set of plans, page one entitled "Howland Property II, Subdivision Plan", prepared by Fitzpatrick -Llewellyn, Inc. and dated March, 1991, last revised 6/12/91, with the following stipulations: -(�1 6evL /y-ne- "i��epwc�J 1. Legal documents for the proposed 80 foot r.o.w. shall be submitted to the City Attorney for approval prior to recording the Final Plat. These include the Irrevocable Offer of Dedica- tion, and roadway and utility construction agreement'described in the Preliminary Plat approval dated 6/25/91. Both documents shall be recorded in the South Burlington Land Records within 90 days. 2. The applicant shall record the final plat in the South Burl- ington land records within 90 days or this approval is null and void. The plats shall be signed by the Planning Commission Chairman or Clerk prior to recording. /nC1l i c 'A �c i �- ". C Ce s f C1 ct Ye- •��cg v, �� Sry i T 9/17/91 JW MOTION OF APPROVAL I move the Planning Commission approve the Final Plat application of L&M Partnership for subdivision of 127.4 acres of land into two (2) parcels of 66.7 acres and 60.7 acres as depicted on a two (2) page set of plans, page one entitled "Nowland Property II, Subdivision Plan", prepared by Fitzpatrick -Llewellyn, Inc. and dated March, 1991, last revised 6/12/91, with the following stipulations: 1. Legal documents for the proposed 80 foot r.o.w. shall be submitted to the City Attorney for approval prior to recording the Final Plat. These include the Irrevocable Offer of Dedica- tion, and roadway and utility construction agreement described in the Preliminary Plat approval dated 6/25/91. Both documents shall be recorded in the South Burlington Land Records within 90 days. 2. The applicant shall record the final plat in the South Burl- ington land records within 90 days or this approval is null and void. The plats shall be signed by the Planning Commission Chairman or Clerk prior to recording. 9/17/91 JW MOTION OF APPROVAL I move the Planning Commission approve the Final Plat application of L&M Partnership for subdivision of 127.4 acres of land into two (2) parcels of 66.7 acres and 60.7 acres as depicted on a two (2) page set of plans, page one entitled "Howland Property II, Subdivision Plan", prepared by Fitzpatrick -Llewellyn, Inc. and dated March, 1991, last revised 6/12/91, with the following stipulations: 1. Legal documents for the proposed 80 foot r.o.w. shall be submitted to the City Attorney for approval prior to recording the Final Plat. These include the Irrevocable Offer of Dedica- tion, and roadway and utility construction agreement described in the Preliminary Plat approval dated 6/25/91. Both documents shall be recorded in the South Burlington Land Records within 90 days. 2. The applicant shall record the final plat in the South Burl- ington land records within 90 days or this approval is null and void. The plats shall be signed by the Planning Commission Chairman or Clerk prior to recording. MEMORANDUM TO: Planning Commission FROM: Joe Weith, City Planner DATE: September 13, 1991 RE: September 17, 1991 Agenda Items 3) GREER, REQUEST TO ELIMINATE CONDITION OF APPROVAL Mr. Greer received site plan approval on 12/5/89 to construct a 2,020 square foot addition to the Mills and Greer building on Dorset Street (minutes enclosed). Condition #3 of the approval required closure of the existing middle curb cut prior to occupancy of the addition. This curb cut is to be closed as part of the Dorset Street project. Approximately seven months after the above approval, Mr. Greer requested to keep the curb cut open until such time as it was closed as part of the road improvement project. The commission voted on 8/21/90, under other business, to grant a one-year waiver on closing the curb cut (minutes enclosed). It was intended that the Commission review the traffic access situation after one year for a final determination. Mr. Greer is now requesting that the curb cut remain open until closed by the project (letter enclosed). He has discussed this issue with the Vermont Agency of Transportation and they recommend it remain open so that during construction one curb cut could be closed while traffic is detoured to the other and vice versa. Staff concurs with this recommendation. Having two curb cuts here at City Hall has been very advantageous for the reason stated above. The project is expected to be complete by the end of next summer. At that time the curb cut will be closed. 4) L&M PARTNERSHIP/MARIE UNDERWOOD - 2 LOT SUBDIVISION - FINAL PLAT This proposal consists of the subdivision of a 127.39 acre parcel into two (2) lots. Lot A, being the northerly half of the lot and consisting of 66.69 acres, is to be retained by L&M partnership. Lot B, being the southerly half of the lot and consisting of 60.7 acres, is to be retained by Marie Underwood. Separating Lots A and B is a proposed 80' r.o.w. which would serve as an extension of Deerfield Drive. This property is located on the easterly side of Spear Street in the vicinity of Deerfield Drive and to the south and east of the IBIS property. This property is bounded on the north, east and south by developed land and on the west by 5 single-family dwellings and Spear Street. This property is located in the R1 and R2 Districts and an interim zoning district adopted by the City Council in April, 1989 which has a minimum lot size of 10 acres. Since this subdivision meets minimum lot size requirements, approval is not required by City Council. Preliminary Plat approval was granted on June 25, 1991 (minutes enclosed). Enclosed are legal documents regarding the 80' R.O.W. which are being reviewed by the City Attorney. 5) GAGNON'S DAY SCHOOL - 2003 WILLISTON ROAD - SITE PLAN This project is to convert a single family dwelling to a preschool, kindergarten and day care center to serve 20 children ages 2 1/2 to 7 years. Hours of operation would be from 6:30 AM to 5:30 PM, Monday through Friday, year-round. There will be three (3) full-time employees. This property is located at 2004 Williston Road and is in the Mixed Industrial & Commercial District. It is bounded on the west by a single family dwelling, on the north by undeveloped land which is part of the Economy Inn property, on the east by a night club (The Huddle) and on the south by Williston Road. Access: Access to the site is via one (1) existing 20' curb out on Williston Road. Coverage/Setbacks: Building coverage is 11.3% (maximum allowed is 30%). Overall coverage is 53% (maximum allowed is 70%). Front yard coverage is 35.6% (maximum allowed is 30%). The present front yard coverage will not be increased due to this development; therefore, this nonconforming situation is acceptable. The front yard setback is currently not met, the building is therefore a noncomplying structure. This situation will not be changed as a result of this application Parking: This project requires a total of five (5) parking spaces and 7 spaces are being provided. Parking stall and aisle dimensions meet the minimum requirements. MEMORANDUM TO: South Burlington Planning Commission FROM: William J. Szymanski, City Engineer DATE: September 12, 1991 RE: September 17, 1991 Agenda Items BONANZA RESTAURANT, SHELBURNE ROAD It would be beneficial to both businesses if traffic had access to Shelburne Road and Swift Street. NOWLAND PROPERTY II, SPEAR STREET Plan titled Nowland Property II, dated March 1991 prepared by Fitzpatrick -Llewellyn is acceptable. DAY CARE CENTER, 2004 WILLISTON ROAD Plan prepared by Katherine Blair dated August 27, 1991 is acceptable. TO: FROM: RE: DATE: 1. 2. l �§nutb +.f urlingtnn 1R irr B partmrnt 575 +40nrset street gotab +gurlington. 1llermant 05403 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY SEPTEMBER 17,1991 AGENDA ITEMS TUESDAY SEPTEMBER 3,1991 BONANZA RESTAURANT NEW LOT SUB -DIVISION PLANS WERE REVIEWED BY THIS DEPARTMENT ON THE BONANZA NEW LOT SUB -DIVISION AND AT THIS TIME I DO NOT SEE A PROBLEM. PLANS SHOULD BE REVIEWED WHEN THE LOT IS READY TO BE BUILT ON TO MAKE SURE THERE IS PROPER ACCESS FOR EMERGENCY EQUIPMENT. NOWLAND PROPERTY SUB -DIVISION AT THIS TIME I DO NOT SEE A PROBLEM WITH THE SUB -DIVISION. PLANS WILL HAVE TO BE REVIEWED TO MAKE SURE PROPER UTILITIES AND ACCESS ARE DESIGNED INTO THE PLAN BEFORE CONSTRUCTION ON THE PROPERTY. Yl + E� 1 i tt . (802) 658-7960 PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 September 6, 1991 Gerald Milot. P.O. Box 4193 Burlington, Vermont 05402 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the June 25, 1991 Planning Commis- sion meeting minutes. Please note the conditions of approval which must be met. n erel J e Weith, City Planner 1 Encl JW/mcp cc: Marie Underwood John Steele John Larkin City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 PLANNER 658-7955 September 5, 1991 Mr. Gerald Milot 925 AIA Hillsboro, Florida 33062 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Please submit a revised plan no later than September 10, 1991. If you have any questions, Encls JW/mcp cc: John Steele Marie Underwood John Larkin please give me a call. i 'c y , oe Weith, City Planner MEMORANDUM To: Project Files From: Joe Weith, City Planner Re: Preliminary Comments - September 17, 1991 agenda Date: September 3, 1991 JENNINGS & KELLY 2 LOT SUBDIVISION - SWIFT STREET - SKETCH PLAN --- lot "B" does not meet the minimum lot size for a lot in the C1 zone, therefore this lot will be required to be merged with the Bonanza lot. The plan should be revised to indicate that lot B will be merged with the Bonanza lot as part of this applica- tion. -- the existing development on lot "A" must meet all area, dimension and coverage requirements -in addition to providing the number of parking spaces required for the existing uses. --- this subdivision must be reviewed as a major subdivision which is a 3-step process including two (2) advertised public hearings. L&M PARTNERSHIP/MARIE UNDERWOOD = 2 DDT SUBDIVISION --- the legal documents required at preliminary plat have been submitted and are in the process of being reviewed by the City Attorney. --- Final Plat must show signature and certification of licensed land surveyor. M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Engineer Re: September 17, 1991 agenda items Date: August 29, 1991 BONANZA RESTAURANT, SHELBURNE ROAD It. would be beneficial to both businesses if traffic hqd arcess to Shelburne Road and Swift. NOWLAND PROPERTY II. SPEAR STREET Plan titled Nowland Property II, dated March 1991 prepared by Fitzpatrick -Llewellyn is acceptable. TO: FROM: RE: DATE: �6"itth TlAttrlimit► " +litre itlextartmmit -'r-'Riitb �kltirlingtun, Vermont 115-111� (802) 658-7960 SO. BURLINGTON PLANNING COMMISSION CHIEF GODDETTE TUESDAY SEPTEMBER 17,1991 AGENDA ITEMS TUESDAY SEPTEMBER 3,1991 BONANZA RESTAURANT NEW LOT SUB -DIVISION PLANS WERE REVIEWED BY THIS DEPARTMENT ON THE BONANZA NEW LOT SUB -DIVISION AND AT THIS TIME I DO NOT SEE A PROBLEM. PLANS SHOULD BE REVIEWED WHEN THE LOT IS READY TO BE BUILT ON TO MAKE SURE THERE IS PROPER ACCESS FOR EMERGENCY EQUIPMENT. 2. NOWLAND PROPERTY SUB -DIVISION AT THIS TIME I DO NOT SEE A PROBLEM WITH THE SUB -DIVISION. PLANS WILL HAVE TO BE REVIEWED TO MAKE SURE PROPER UTILITIES AND ACCESS ARE DESIGNED INTO THE PLAN BEFORE CONSTRUCTION ON THE PROPERTY. OFFER OF IRREVOCABLE DEDICATION Agreement made this day of September, 1991, by and between L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont and Marie Underwood, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City"). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Nowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick-LLewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated 1991 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the Owners have agreed that when the lots presently being approved are subsequently subdivided or developed in a manner which requires Planning Commission approval under the subdivision regulations then in force, the approval shall contain certain responsibilities for the construction of a municipal highway within the strip of land; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes except as hereinafter provided. 4. The two lots created by the final approval of the Planning Commission are hereby subjected to the following covenants, the satisfaction of which shall be consummated as part of future subdivision approvals involving either lot: (a) When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as the main means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty foot strip the subject of this Offer of Dedication necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be at applicant's discretion as depicted on plans submitted with the application for the subdivision, said construction to include utilities necessary to serve the subdivision, but shall not include any obligation to construct a recreation path or other improvements; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. (b) When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the city roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot; or (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, then the applicant shall be 18/8/9t1 'IN IN WITNESS WHEREOF, We hereunto set our hand this IN PRESENCE OF: day of September, 1991. Witness MARIE UNDERWOOD Witness L & M PARTNERSHIP Witness By: Witness Gerald C. Milot, general partner duly authorized STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of September, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, Notary Public My commission expires 2/10/95 [1&mwd.b08] [8/8/91] - 2 - 11*N ''N WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the 'Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the concrete monument marking the southeasterly corner of the property of the within Grantors; thence N 83' 35' 03" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 650 27' 46" W 361.57 feet to a concrete monument in the easterly boundary of property now or formerly of Ibis; thence N 26° 56' 56' E 80.08 feet to a concrete monument; thence S 65° 27' 46" E 358.20 feet to a concrete monument; thence in a curve to the left a length of 303.63 feet to a concrete monument; thence S 83° 35' 03" E 1010.93 feet to a concrete monument in the easterly or rear boundary line of the property of the within Grantors; thence S 06° 24' 57" W 80.00 feet to the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted on a survey entitled "Subdivision Plan: Nowland Property 11" dated March, 1991, last revised June 11, 1991, approved by the South Burlington Planning Commission dated , 1991 and recorded in Map Volume at Pages of the South Burlington City Land Records. The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. The within Grantors reserve the right to use said strip of land for access to and from Spear Street for the benefit of each of the two parcels depicted on the aforementioned survey until such time that the Grantee accepts and records this deed in the South Burlington City Land Records. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own use and behoof forever; and we, the said Grantors, MARIE UNDERWOOD and L & M PARTNERSHIP, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. l8/8/911 required to extend and construct the roadway to City standards through the remainder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities, but not a recreation path or other improvements. (c) The obligations to actually construct the roadway and utilities shall not arise until the approved subdivision has received all other final permits and approvals and actual construction of the subdivision has commenced. 5. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written.. IN PRESENCE OF: Witness Witness By: Witness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. OWNERS Marie Underwood L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized At South Burlington, in said County and State, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared GERALD C. MILOT, general partner of L & M PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. [1&moffer.b08] Before Notary Public My commission expires 2/10/95 l8/8/911 - 2 - City of South Burlington I c/o South Burlington City Council South Burlington City Hall Dorset St., South Burlington,VT 05403 ' 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING Spear Street, South Burlington, VT 05403 5. INTEREST IN PROPERTY 1. JE FEE SIMPLE 3. UNDIVIDED 1/z INTEREST 5. TIME-SHARE ESTATE 7. EASEMENT 2. LIFEESTATE 4. UNDIVIDED_% INTEREST 6. LEASE 8. OTHER - 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE n/a 1.54 acres 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1. J] NONE 5. BARN 9. E STORE NSERT 2. FACTORY 6. APARTMENT WITH NUMBER DWELLING UNITS 10. 0 OTHER 3. HOUSE 7. MOBILE HOME 4. CAMP/VACATION 8 CONDOMINIUM WITH (NUMBS) DWELLING UNITS HOME CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED ❑ PREVIOUSLY OCCUPIED OEM 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. PRIMARY RESIDENCE 3. OPERATING FARM 5. COMMERCIAL 7. INDUSTRIAL 9. OTHER 2. R TIMBERLAND 4. ❑ GOVERNMENT USE 6. OPEN LAND 8. ❑ CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): Transfer to 1. ❑ PRIMARY RESIDENCE 3. OPERATING FARM 5. COMMERCIAL 7. INDUSTRIAL 9. LaOTHER a 2. TIMBERLAND 4. GOVERNMENT USE 6. OPEN LAND 8. CAMP OR VACATION municipality for road/recreation purpo 11. IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland, Working Farmland Tax Abatement Use Value Appraisal Programs)? O Yes )1n l No 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." Transfer to a municipality as an instrumentality of State of Vermont ® 13. TOTAL $ 1 00 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, � PRICE PAID $ ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY $ __ __ __ -- _ _ $ 16. TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $ none 17. DATE SELLER ACQUIRED 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: -_ (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY _ _ - RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER PAGE NO. PAID. LISTED VALUE $ GRAND LIST OF 19 CLERK __ _ MAP AND PARCEL NOS. _ __ SIGNED - -- - -- DATE - - --- - ---- Form PT-1(7/89) Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) b. Value of property enrolled in current use program c. Value of qualified working farm d. Add Lines 1(a), (b) and (c) e. Tax rate f. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return b. Enter amount from Line 1(d) of Rate Schedule above c. Subtract Line 2(b) from Line 2(a) d. Tax rate e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 0.005 2. (a) $ __ (b) $ -- (c) $ (d) $ 0.0125 (e) $ 3. Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the subdivision regulations because (see instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres_— b. Parcel retained: Exemption Number Number of acres Sellers(s) further certify as follows: D. That this transfer of real property and any development thereon is in compliance with orexempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer does/does not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statement must be attached to this return before filing with the Town Clerk. This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one): xxxl. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or 2. Buyer(s) certify that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale; or 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE. 6/25/91 JW MOTION OF APPROVAL V�__Znove the South Burli&gton Planning Commissigln approve the Preliminary Plat application of L&M Partnership /for subdivision of 127.39 acres of land into two (2) parcels of 66.9 acres and 60.7 acres as depicted on a two (2). page set of plans, page one entitled "Nowland Property II, Subdivision Plan," prepared by Fitzpatrick -Llewellyn, Inc. and dated March, 1991 last revised 6/13/91 with the following stipulations: 1. A- expressed by the applicant, prior to final plat, legal documents for the east -west right-of-way shall be submitted to the City Attorney for review and approval. The documents shall satisfactorily address the following provisions: a) If either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to.access the proposed development via the 80 foot r.o.w. and construct to City standards that portion of the roadway and utilities necessary to serve the development. b) If either lot is subsequently subdivided with 50 or more units, then the applicant will be required to construct the entire road and utilities to City standards to -the easterly property line. 2. The final plat application shall_ be submitted wi_tliin 12 months or this approval is null .and void. OFFER OF IRREVOCABLE DEDICATION Agreement made this day of September, 1991, by and between L & NI Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont and Marie Underwood, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City"). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Nowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick-LLewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated 1991 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, an Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; and WHEREAS, the Owners have agreed that when the lots presently being approved are subsequently subdivided or developed in a manner which requires Planning Commission approval under the subdivision regulations then in force, the approval shall contain certain responsibilities for the construction of a municipal highway within the strip of land; and WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip of land above -described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the strip of land for roadway and recreation path purposes except as hereinafter provided. 4. The two lots created by the final approval of the Planning Commission are hereby subjected to the following covenants, the satisfaction of which shall be consummated as part of future subdivision approvals involving either lot: (a) When the first of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as the main means of access to the subdivision and shall construct a roadway to City standards from Spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at Page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map Volume 252 at Page 87 of said Land Records), and continuing easterly through that portion of the eighty foot strip the subject of this Offer of Dedication necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be at applicant's discretion as depicted on plans submitted with the application for the subdivision, said construction to include utilities necessary to serve the subdivision, but shall not include any obligation to construct a recreation path or other improvements; or (ii) if the approval is for fifty (50) or more residential units, the applicant shail construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. (b) When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than Fifty (50) residential units, the subdivision shall use the city roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot; or (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, then the applicant shall be la/8/911 required to extend and construct the roadway to City standards through the remainder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities, but not a recreation path or other improvements. (c) The obligations to actually construct the roadway and utilities shall not arise until the approved subdivision has received all other final permits and approvals and actual construction of the subdivision has commenced. 5. This Irrevocable Offer of Dedication shall run with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: Witness Witness M Witness Witness STATE OF VERMONT COUNTY OF CHITTENDEN, SS. OWNERS Marie Underwood L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized At South Burlington, in said County and State, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of September, 1991, personally appeared GERALD C. MILOT, general partner of L & M PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, Notary Public My commission expires 2/10/95 [1&moffer.b08] [8/8/911 - 2 - -1.1 '-IN WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the "Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the concrete monument marking the southeasterly corner of the property of the within Grantors; thence N 83° 35' 03" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 65° 27' 46" W 361.57 feet to a concrete monument in the easterly boundary of property now or formerly of Ibis; thence N 26° 56' 56" E 80.08 feet to a concrete monument; thence S 65° 27' 46" E 358.20 feet to a concrete monument; thence in a curve to the left a length of 303.63 feet to a concrete monument; thence S 83° 35' 03" E 1010.93 feet to a concrete monument in the easterly or rear boundary line of the property of the within Grantors; thence S 06° 24' 57" W 80.00 feet to the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted on a survey entitled "Subdivision Plan: Nowland Property II" dated March, 1991, last revised June 11, 1991, approved by the South Burlington Planning Commission dated , 1991 and recorded in Map Volume at Pages of the South Burlington City Land Records. The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. The within Grantors reserve the right to use said strip of land for access to and from Spear Street for the benefit of each of the two parcels depicted on the aforementioned survey until such time that the Grantee accepts and records this deed in the South Burlington City Land Records. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own use and behoof forever; and we the said Grantors, MARIE UNDERWOOD and L & M PARTNERSHIP, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. [8/8/911 IN WITNESS WHEREOF, We hereunto set our hand this day of September, 1991. IN PRESENCE OF: Witness Witness Witness M. Witness MARIE UNDERWOOD L & M PARTNERSHIP Gerald C. Milot, general partner duly authorized STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this day of September, 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT CHITPENDEN COUNTY, SS. At South Burlington, in said County, this day of September, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, Notary Public My commission expires 2/10/95 [1&mwd.b08] [8/8/91] - 2 - VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) Marie Underwood 2. BUYER (TRANSFEREE) NAME(S) City of South Burlington MAILING ADDRESS IN FULL - INCLUDING ZIP CODE c/o Stephen R. Crampton Gravel and Shea P. 0. Box 369, Burlington, VT 05402 MAILING ADDRESS IN FULL - INCLUDING ZIP CODE 1 c/o South Burlington City Council 1 South Burlington City Hall Dorset St., South Burlington,VT 05403 " 3. PROPERTY LOCATION (Address in full) Spear Street, South Burlington, 5. INTEREST IN PROPERTY 1. E FEE SIMPLE 3. UNDIVIDED Yz INTEREST 2. 0 LIFE ESTATE 4. UNDIVIDED __% INTEREST 6. FRONTAGE AND DEPTH n/a VT 05403 5. TIME-SHARE ESTATE 6. ❑ LEASE 7. TOTAL ACREAGE 1.54 acres SOCIAL SECURITY NO. OR TAXPAYER IDENT. NO. NO. OR L NO. 4. DATE OF CLOSING 7. EASEMENT 8. OTHER 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1.j] NONE 5. ❑ BARN 9. STORE 2. FACTORY 6. APARTMENT WITH (NUMBERINSERT ) DWELLING UNITS 10. OTHER 3. HOUSE 7. MOBILE HOME 4. CAMP/VACATION 8. ❑ CONDOMINIUM WITH (NUMBBER) DWELLING UNITS HOME CHECK WHETHER THE BUILDINGS WERE ❑ NEVER OCCUPIED O PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. PRIMARY RESIDENCE 3. OPERATING FARM 5. COMMERCIAL 7. INDUSTRIAL 9. OTHER 2. TIMBERLAND 4. ❑ GOVERNMENT USE 6. OPEN LAND 8. CAMP OR VACATION - - - - -- - Transfer to 1. ❑ PRIMARY RESIDENCE 3. ❑ OPERATING FARM 5. ❑ COMMERCIAL 7. INDUSTRIAL 9. GaOTHER a 2. TIMBERLAND 4. GOVERNMENT USE 6. OPEN LAND 8. CAMP OR VACATION municipality for road/recreation purpo 11. IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland, Working Farmland Tax Abatement Use Value Appraisal Programs)? Q Yes >Q No r ' 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." Transfer to a municipality as an instrumentality of State of Vermont GEja 13. TOTAL $ 1 00 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, PRICE PAID $ ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY $___ _. $ 16. TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $ none 17. DATE SELLER ACQUIRED -_ 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS: (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER TOWN/'CITY _ _ RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD _ REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER _ _ _- _.-. PAGE NO. -__ __- _ PAID. LISTED VALUE $ _ GRAND LIST OF 19 MAP AND PARCEL NOS. _-- SIGNED CLERK DATE _ _ Form PT-1(7/89) i 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) b. Value of property enrolled in current use program c. Value of qualified working farm d. Add Lines 1(a), (b) and (c) e. Tax rate f. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return b. Enter amount from Line 1(d) of Rate Schedule above c. Subtract Line 2(b) from Line 2(a) d. Tax rate e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 1. (a) $ (b) $ (c) $ (d) $ (e) $ 0.005 (f) $ 3. t 0.0125 Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the subdivision regulations because (see instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres b. Parcel retained: Exemption Number Number of acres Sellers(s) further certify as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer doesidoes not (strike one) result in a partition or division of land. Note: If it does, an Act 250 Disclosure Statementmust beattached to this return before filing with the Town Clerk. This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one): xxxl. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or — 2. Buyer(s) certify that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale; or 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETETO THE BEST OF OUR KNOWLEDGE. SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE THE CITY OF SOUTH BURLINGTON MARIE UNDEP.WOOD By: L & M PARTNERSHIP By: Duiy auLnorizea Preparer'sSignature Preparedby Stephen R. Crampton (Print or Type) Preparer'sAddress P.O. Box 369, Burlington, VT 05402 Gravel and Shea e- 6/25/91 JW MOTION OF APPROVAL �1 �`'--move the South Burliftton Planning Commissi�fn approve the Preliminary Plat application of L&M Partnership/for subdivision of 127.39 acres of land into two (2) parcels of 66.9 acres and 60.7 acres as depicted on a two (2) page set of plans, page one entitled "Nowland Property II, Subdivision Plan," prepared by Fitzpatrick -Llewellyn, Inc. and dated March, 1991 last revised 6/13/91 with the following stipulations: 1.1 ThPflegal documents or the 80 foot �est .o.wl shall b� .r;t� orne ,' d sh Bur�"ing�e�r''I�and records%or to cording. 4 As xpressly rep esented by th applican any fujer subdiision of either to A or lot B s all be cla sified a majo ubdiv' ion. An " knowledgeme and Agr ent" r esenti s ch 1 ssificati hall be r.cor i e Bur on lan re co pr' to r The final plat application Ghatl be submitted within 12 months or this approval is null and void. sty .,-Kp r[ s S t .d C Ct 0(d r[ SS i6 re_ �`J r ur► � '( Ckj w Suc 4 1' , -�if�t^ !c•'J...Gi.r.`-w JtiD .�!-t ��C` e , a CITY OP SOUP11 BURLIWION Sulxlivision Application - FINAL 1 LNV 1) Name of Applicant L & M Partnership, 410 Shelburne Road, South Burlington. 864-7444_ 2) Name of Sulxlivision NowlandProperty II 3) Indicate any changes to n;-un("-,, address, or phone nwidx,r of owner of ruourd, applicant, contact person, engineer, surveyor,• attorney or plat designer since preliminary plat application: ' no changes 4) Indicate any chanye+s to the subdivision, such as nunber of lots or units, property liner, applicant's legal inVorcat in ffie property, or developionta 1. tine -table, since preliminary plat application: no changes 5) Submit four copies of a final set- of plans cons.Lst.ing of a final plat- plu:; engineering drawinrls and containing all infornation required Under section 20:.1 of the sulxiivision regulations for a minor sublivision and under suct.km 204.1(a) for a major subdivisiort. 6) Submit two draft copies of all legal cicx:wim--nt:_; required under section 202.1 (11) and (12) of the subdivision i egulaLions for a Inlnol: suWivlslon anti under section 204.1(h) for a skijor sulxlivision. 8-26-91 (S c i ure) applicant or contact px:rson Dale FITZPATRICK-LLEWELLYN INCf PRATED Engineering and Planning ti..rvices One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO AO > WE ARE SENDING YOU (2 Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order ❑ Plans L IEUULsI (OF VMZ KZA OV`TQU ATTENTIBN 7 the following items: ❑ Samples ❑ Specifications V WE /♦cm, THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval t( For your use ❑ Approved as noted ❑ Submit copies for distribution > 9?`As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS yU COPY PRODUCT 240-2 � Inc., Groton, Mess. 01471. C11411 of So. Burli on SIGNED: If enclosures are not as noted, kindly notify us at on DRAFT DEVELOPMENT AGREEMENT AGREEMENT made this day of , 1991, by and between L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, Vermont, and MARIE UNDERWOOD, of South Burlington, Vermont, (the "Owners") and the CITY OF SOUTH BURLINGTON (the "City"). W I T N E S S E T H: WHEREAS, the South Burlington City Planning Commission has approved a preliminary subdivision plat entitled: "Subdivision Plan Knowland Property 11" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick -Llewellyn, Inc.,; and WHEREAS, the preliminary approval of the Planning Commission dated June 25, 1991, contains the following conditions: a) if either lot is subsequently subdivided with less than 50 residential units, the applicant at such time will be required to access the proposed development via the 80 foot right of way and construct to city standards that portion of the roadway and utilities necessary to serve the development; b) if either lot is subsequently subdivided with 50 or more units the applicant will be required to construct the entire road and Utilities to city standards to the easterly property line; WHEREAS, L & M Partnership desires to obtain the final approval for the subdivision from the Planning Commission. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. when the first of the two Jots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the applicant will be required to use the eighty (80) foot strip as a means of access to the subdivision and shall construct a roadway to City standards from spear Street easterly through the existing strip of land dedicated to the City by a deed recorded in Volume 271 at page 605 of the South Burlington City Land Records (and depicted on a plan recorded in Map volume 252 at page 87 of said Land Records), and continuing easterly through that portion of the eighty (80) root strip reasonably necessary to serve the subdivision, the portion of the eighty (80) foot strip necessary to serve the subdivision to be depicted on plans submitted with the application of the subdivision, said construction to include - 1 - utilities necessary to serve the subdivision; or (ii) if the approval is for fifty (50) or more residential units, the applicant shall construct the roadway from Spear Street easterly to the applicant's land and then easterly through the entire length of the eighty (80) foot strip to the easterly boundary of the strip of land. 2. When the second of the two lots receives a subdivision permit from the Planning Commission: (i) if the approval is for less than fifty (50) residential units, the subdivision shall use the roadway previously constructed for the subdivision approved for the earlier lot and there shall be no obligation to extend and construct a roadway or utilities within the eighty (80) foot strip beyond that already constructed in connection with development of the earlier lot unless an extension is reasonably required to serve the second subdivision; (ii) if the approval is for fifty (50) or more residential units, and the subdivision approval for the earlier lot is for less than fifty (50) residential units, the applicant shall be required to extend and construct the roadway to City standards through the remainder of the eighty (80) foot strip to the strip's easterly boundary, construction of the roadway to include the extension of existing utilities. 3. The obligations to actually construct the roadway and utilities shall not arise until the approved subdivision has received all other final permits and approvals and actual construction of the subdivision has commenced. 4. This Irrevocable Offer of Dedication shall rtxn with the strip of land and be binding upon the Owners and their respective heirs, successors, and assigns as owners of the land, and upon the successors in title to the strip of land and any part thereof. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN THE PRESENCE OF: OWNERS Marie Underwood L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized - 2 - STATE OF VERMONT ) : ss. COUNTY OF CRITTENDEN) At South Burlington, in said County and State, this day of , 1991, personally appeared Marie Underwood and she acknowledged this instrument, by her signed, to be her free act and deed. Before me STATE OF VERMONT ) : ss. COUNTY OF CRITTENDEN) Notary Public My Commission Expires At South Burlington, in said County and State, this day of , 1991, personally appeared Gerald C. MTH.lot, general partner of L & M Partnership, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M Partnership. I:\SON060.dev Before me �m Notary Public ---�- My Commission Expires 123/456 LOCUS NOTES 1. OWNER/APPLICANT.• L&M PARTNERSHIP MARIA UNDERWOOD C/O LARKIN REALTY 410 SHELBURNE ROAD SO. BURLINGTON, VT. 2. TOTAL PARCEL AREA: 127.4 ACRES J. TOPOGRAPHY AND EXISTING FEATURES BY FITZPATRICK—LLEWELLYN INCORPORATED, MARCH 1991. E C 7-,. 1 V E D ory AUG 2 6 1991 THE DEPICTION OF THE PROPOSED CITY PARK" AND ALLEN ROAD city of So. Burlington EXTENSION' ON HOSE SU PLAN /S ACKNOWLEDGE THE EXISTENCE OF NOOSE MUNICIPAL ON THE INTERIM OFFTGAL MAP. THE LANDS WITHIN TH£ BOUNDARIES OF THE PARK AND ROAD ARE NOT REOUIRED TO BE DEDICATED AND CONVEYED TO THE CITY IN CONNECTION WITH THE APPROVAL OF THE FSNAL SUBDIVISION PLAT N TS PERIMETER PROPERTY LINE — OTHER PROPERTY LINE PROPOSED LOT LINE — R.O. W. / EASEMENT LINE IRON PIN FOUND CONCRETE MONUMENT FOUND CALCULATED POINT FENCE POST CORNER IRON PIN TO BE SET CONCRETE MONUMENT TO BE SET TEST PIT POWER POLE FIRE HYDRANT STORM DRAIN VOLUME / PAGE DEED REFERENCE, OR SURVEY REFERENCE CITY OF SOUTH BURLINGTON LAND RECORDS IIIIIIIII PRELIMINARY PLAT ACT 250 FlNaL PLAT �___ coNsntucnav sa,o eor ,xau,rs invaovu s s,�r ,wr nrnd a cuaarHrt r NO WL N-- D PROPERTY II LBURUNGICW KR✓aw) SUBDIVISION PLAN �04�PQ4G°��Qa� L E (�j� jf E L(� - f m INCORPORATED cxarccxwc wo "LLISTON_ _ VERMONT .xa«, x,x,■x 89098 JUNE 199f SLm n..xc D 4013 SHEET 2 SHEET 2 MATCHL/NE I \ \ \ _ MATCHLIN£ Al�Ed\�/FL"T O Ik?R£VOCABLEl1OFFE�iR Al 0674'5 10 OF FQI TIoIb, TO 7f(E CITY OF II 1 40.0$ 3 S 27733"I�- K? \ \ I i 0,' i` &PQH 2Rl/ LYNO,TON F60M e 214.53 �OT A�i+7\�7�\5. 1\54 AC. N/F CHlUco 7 cre I ;� \\�\ \ \ \ N 1 1010e3 \ b 281/93 _ I J ( \ 1 I • I I DED/GATED T I I 153/63 -4 - _ dg� NOT NO V TO S �SHO\WN ` I $�\ \ \ \� 1 f E •� } ' I I N/F ECONOMOU FARMS, INC. 3 h 15\ Rc DU/Irr 7C Cc COn�I l ON(5 - \ 1 EJ�� `I 91 444 THE CITY OF SD j� y I 1 1 �� BURLINGTON i I I 3 .� I\ P\=1 18 7'1 I\ 'f II I If\ \5 \ 3 3'1\ 3!O�Q \ 1 3 i If N 4Q � / /��3 I I B = 1960.,00" I \ 252/87 I -- �� / 9p•`} T j53.LP9' 1 I I I ` �� \ \ •\iii�� J 1 N/F IBIS In h/ 2656� � 1�35 \ �� ^ \ s 1. �7" \\ 1, �\ y I I ,gyp � l 11, s i I h \ S 2656'5fi(W •• i� �` AREA SUBJEy�T TO / CABLE O�FER • 40 \; � I % �� \ \ \ \ \ \ OF DEDICAT1 E'CITY OF I S 6577'46R E A58.20' ��• /� \\\\\\\\\\� \ \ �9 SOUTH BURL ON FRSM ■_�--1' -- \ I +\ 1\ - L ■ I �_— - I \\1 CENTERLINE\ LOT B 70 S.F. 4.55 AC.S 652T46E•PROPOSEDDED ROAh -Oh-WAROAD EXTFNSNN I/GK>I/ / 652T46 E 1.5T I I I rn ■ 180T17/�" \ O \ I vl w I o \ \ T= 1,55, 85' o ° A =18 CIOa, n \ I o R-1000' LOCUS N. T. S. 0 0 I L = 328.93 - I 1 I ''Q1 S 2-56'56- W ' ` T=159.47� j i < \ i II LATHE DEPICTION OF THE PROPOSED CITY PARK 40�O4" L=316.2d' i I \ \\ / I I I .� AND ALLEN ROAD EXTENSION ON THIS It/ 1, I / ` ��' �/ i I I SUBDIVISION PLAT /S TO ACKNOWLEDGE I `\N/FVB/S \\ 3 I R\ l ITHE ACIL177ESI NCE OF THOSE THE INTER/M MUNICIPAL OFFICIAL MAP. 80' RO.W. FOR PROPOSED / r-TREELINE l \ �2/SITS \` ALLEN\ROAD EXTENSION / � _ _ 3 THE LANDS W THIN THE BOUNDARIES OF THE f 1 \ / ) / i PARK AND ROAD ARE NOT REQUIRED TO BE I rn 1 3tfl0/3Q2 1 oll�o / `\ DEDICATED AND CONVEYED TO 7HE CITY IN I 1 � 1 CONNECTION KITH THE APPROVAL OF THE FINAL SUBDIVISION PLAT. �r 3�OJ�e. / t 60.7 ocres DEDICATED TO 77-IE CITY OF SOUTH BURLINGTON N/F SCANLON 1681166 7421174 DETAIL NOT 11 ( TO SCALE �� I �� J a ■ j II •• 'eo NOTES l v \ N 64 54'48W I % ' i �• 1. OWNER/APPLICANT: L&W PARTNERSHIP MARIA �3 �, �� C/O LARKINR REALTY N 64 5448" W e ) ) i )� �l s 410 SHELBURNE ROAD \\ ,, 2.29' \ 1 I •Sf' o RECEIVED N 50. BURLINGTON, VT /F UNSWORTH 2. TOTAL PARCEL AREA: 127.4 ACRES 0I 341206 i \I II "' \\ f ( fig' • �' A U G 2 6 1991 3._ TOTZPARTRICK-LLEWELLAPHY AND I YN INCORPORAETED Y 4 o i / \ \ I I I I 233� 0 \ \ ( I f �� MARCH 1991. / IPROlOSED C/T� PA\ K \ 1 ♦10$3_2 + I 415.5 ocres \ City LEGEND , \, II •4� . y of so. Bur • f USER'S RESPONSIBILITY TO ENSURE THESE ORAiNNGS INCLUDE PERIMETER PROPERTY LINE 1HE LATEST REVISIONS OTHER PROPERTY LINE PRELIMINARY PLAT ACT 250 C- _% ��■�PROPOSED LOT LINE \ ' h �� FINAL PLAT CONSTRUC710N , I � R.O.W. /EASEMENT LINE / O IRON PIN FOUND SOLID BOX IRDICAIES AP OV LS STAGE THE DESIGN IS_CURRENRT IN. I I I � � I • (I i9.56392�" E I I ' ��O ❑ CONCRETE MONUMENT FOUND • CALCULATED POINT NO WLAND PROPERTY II O FENCE POST CORNER I 3"� 90 • IRON PIN rO BE SET SWM BURLR 6TOv {pypvT 3 TEST pETE MONUMENT TO BE SET IT 15dI lop co POLE o �^ S UBDI VISION . PLAN FIRE HYDRANT \ N STORM DRAIN 250 26NIF E 2581542 READY \ I 1071150 1 6 13 91 ADD 60' RO.W . CITY PARK, NOTE I WO N0. DATE I DESCRIPTION BY 7231456 VOLUME / PAGE DEED REFERENCE, Fo��pa4ao� o OR SURVEY REFERENCE CITY OF �� SCALE : 1'=100' SOUTH BURLINGTON LAND RECORDS W V w 50 0 50 700 200 400 600 800 INCORPORATM FMW[FIIwG U vL.xMNG . SERMt� WILLISTON w VERMONT 89098 n MARCH 1991 D 3879 NO. 3� iN�j N/F FARRELL ET. AL. cV to 2741440 h 11-fi/174I DETAIL NOT TO SCALE . V'/•� \ 4a • r 1 I S 61 �' 5' E 199.64' 3 I 5 613855" E 0.35' N/F ATKINS N/F HANSON 50/315 491104 �a No rE. NO CON TQURS S/�j�Kf i l �O2 `l\/N THIS 4REA I \ 1 � TO ICE ,CONDl7l NS \ fl \ 1 AT TIME OF F1 LD 1 D i SURVEIYS 1 \\ t 1 II lid i� I 1 I i I L (� S 6138 5 E w R.t9.W FOop I N/F ATKINS ALLEM ROAQ r^ I 66/309 +� J i / I I / I 1cQ I 49/111 N tilt ( ' US j61l4,%i7 1 N/F MEREDIIH rN-la+�� 85/152 139/163 W 49/61 h I I 1 1 ' i 1 N/F GAGNON/, 1 1471154 j S 27`�3'1 W 1 , 1L/LJ£, 153/63 r214.53" PERIMETER PROPERTY LINE -- OTHER PROPERTY LINE — — PROPOSED LOT LINE — — — R. 0. W. / EASEMENT LINE 0 IRON PIN FOUND 0 CONCRETE MONUMENT FOUND • CALCULATED POINT O FENCE POST CORNER TEST PIT POWER POLE R O. W. NOTE A1Je v FIRE HYDRANT DESCRIPTION BY I i I J 11 I I I 1 1 (1 l 1 1 •1�0�1\ " \ N/F (SHAM 69/327 I Y1 O I TREELINE I \ 1 ` N/F ECONOMOU FARMS, INC. 11 \ \\ 91/444 1 I , I \ 1 i3,E0 'i ON 1 I 1 � 1 1231456 SCALE : 1"s100' in 0 50 100 VOLUME / PAGE DEED REFERENCE, OR SURVEY REFERENCE CITY OF SOUTH BURLINGTON LAND RECORDS 400 600 800 I ; 0 ILI 'k .,. MA RECEIVED AUG2 6 491 City of So. Burlington NOTE.• THE DEPICTION OF 7HE PROPOSED CITY PARK AND ALLEN ROAD EXTENSION ON THIS SUBDIVISION PLAT IS TO ACKNOWLEDGE 7HE EXISTENCE OF 7HOSE MUNICIPAL FACIL177ES IN THE INTERIM OFFICIAL MAP. THE LANDS WITHIN 7HE BOUNDARIES OF THE PARK AND ROAD ARE NOT REOUIRED TO BE DEDICATED AND CONVEYED TO THE CITY IN CONNECTION WITH THE APPROVAL OF THE FINAL SUBDIVISION PLAT. II THE LATEST REVISIONS PRELIM1NARY PLAT ACT 250 SIXIO BOX MOICA IES APPROVALS STILL me DE9GN /5 CURRENILY w NO nAND PROPERTY II SOUM RURUNGTON wR-1 in SUBDIVISION PLAN FrJ%�%A\ LE INCORPORATED n.P»«o sa. m MALLISTON VERMONT 89098 MARCH 1991 PU D JWO fj 2 7. 2 G Vn / ►v 0vJ LA+J V S01'�� W I I 0 til • / C..»` ire a nc 07 rL crer_� Ile il {%✓1 / 1J star N/�'Y /�i'%Lv�r� � w�j,�G't-.a'-e* � Acknowledgement and Agreement WHEREAS, L & M PARTNERSHIP and MARIE UNDERWOOD (the "Applicants") have submitted an application seeking approval to partition 127.4 acres of undeveloped land currently owned by them as tenants in common into two (2) unimproved lots: Lot A containing 66.7 acres to be owned solely by L & M Partnership, and Lot B containing 60.7 acres to be owned solely by Marie Underwood; and WHEREAS, Lot A and Lot B represent the remaining land of the former Nowland Farm, so-called. NOW THEREFORE, as partial consideration for the South Burlington Planning Commission granting approval of the application to partition the undeveloped land into Lots A and B, the Applicants do hereby agree as follows: 1. When L & M Partnership or Marie Underwood, or the heirs, successors, or assigns of either L & M Partnership or Marie Underwood, seek to subdivide Lot A or Lot B in the future, said subdivision shall automatically be classified as a major subdivision and subject to all procedures and requirements for a major subdivision as contained in the City of South Burlington Subdivision Regulations then in force and effect. A. Excluded from the above agreement, and not to be classified as a major subdivision, are any divisions of land which would fall within the definition set forth in Section 103 "Subdivision" (4)C. Any other division of land, regardless of how defined or whether excluded from the definition of subdivision under the Subdivision Regulations, shall be deemed to be a major subdivision. Dated as of this _ day of June, 1991. IN PRESENCE OF: L & M PARTNERSHIP By: Witness Gerald C. Milot, partner and duly authorized agent Witness IN PRESENCE OF: Witness Witness Marie Underwood STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, in said County and State, this day of June, 1991, personally appeared Gerald C. Milot, general partner and duly authorized agent of L & M Partnership, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At Burlington, in said County and State, this day of June, 1991, personally appeared Marie Underwood and she acknowledged this instrument, by her signed, to be her free act and deed. [milotack.b06] Before Notary Public My commission expires 2/10/95 CHARLES T. SHEA STEPHEN R. CRAMPTON STEWART H. MCCONAUGHY ROBERT B. HEMLEY WILLIAM G. POST, JR. CRAIG WEATHERLY JAMES E. KNAPP JOHN R. PONSEITO DENNIS R. PEARSON PETER S. ERLY ROBERT F. O'NEILL NORMAN WILLIAMS MARGARET L. MONTGOMERY Lucy T. BROWN, 'ADMITTED ONLY IN WISCONSIN GRAVEL AND SHEA ATTORNEYS AT LAW 76 ST. PAUL STREET POST OFFICE BOX 369 BURLINGTON. VERMONT 03402-0369 or 011� /— �yC 4.t Q�LG ✓/ Lu� '�4 at-e--e AREA CODE 802 TELEPHONE 658-0220 FAX 658-1456 CLARKE A. GRAVEL COUNSEL 11-10 .I/f / &/z/�� h o ow/ ZOO,*, /eA e PLANNING COMMISSION 16 April 1991 page 6 South_Burlin tan, _iZermant, °_dated_3/S/91_with_a_last-Levi Zion _date cif, bar,ch_2Z,_19a1,_iith_the4f_allasaing_sLipulations�'��`�" 1.._The��li.cant�shall��ast_a_�12Q�3Y�rear�landsca�in��t�and�r.ia� to_issuance_af�a_zanin��her.mit., 2.._A_sewer_allacatinn_af_19Q_g�d_is_granted_ _The_a��licant,shall 3.._Thi_s_�ra�ert�r�is�lacated_within._the_limits_af _the_Willistan &aad_Im�zauementw�und _ 1.area_1.�..__The _a��licant,shal l�cnstribute �624,tQ_the_fund-based -on _an_additianal_5_ eak_haur,tri lends to k _geaerated��-This -Shall _he_ aid_ riar_ta_peLmit 4--A11-light inq-shall -be _dowaa st_shielded_lumiaare_and_zhall_nQL cast_li ht_be ond�ltiepr�e nrt _line. - ��_The_zanin _ er.mit_shall_be_obtained_within_fi_manths_ar_this Mr�_Crai�_secanded�__The_matian_ assed_unanimausl�Z� 5. Public Hearing: Preliminary Plat application of L & M Partnership for subdivision of 127.39 acres of land into two (2) parcels of 66.69 acres and 60.7 acres, Spear Street: Mr. Milot explained they had bought an interest of one of the Nowland sisters and now want to subdivide out their interest. They have done the topography required. Mr. Steele noted that the Boyle report stated an interest in a road to connect Dorset. St. and Spear St. The original proposal showed a curved road going around the wetland. The official city map shows the road right through the wetland. The present pro- posal shows a road very much like that in the Boyle Report, missing both the woods and the wetland. Mr. Weith noted the proposed road is a few hundred feet north of the Boyle suggested road. He added that it is very important to miss the woods and wetland and didn't feel strongly about moving the road south. Mrs. Maher read from a memo from the Natural Resources Committee regarding a swale, other wetlands, and the views. Mr. Milot said he didn't dispute any of this and when there were development plans, he would be sensitive to these issues. Mr. Sporzinsky said the later phase of the Recreation Path would go along the ridge and asked if anything in the plan would affect this. Mr. Milot said the would include the path in any plan. PLANNING COMMISSION 16 April 1991 page 7 Mr. Sporzinsky said he would like to see as wide open a vista as possible preserved. Mr. Burgess noted the city has an interest in a park site on part of this property. He noted that whatever the Commission does tonight would not preclude rights to parkland. Mr. Milot said any further subdivision will include a complete plan. Mr. Cimonetti said one of the charges of the Boyle contract was to examine all possibilities of vehicular traffic. They didn't identify ,a north/south through street in the plan. He asked the Commission not to ignore that possibility. Mr. Austin felt that rights to the recreation path, streets, park, etc., that might be on the southern part of the property should be deeded now as there may never be a chance to get them for many years, if ever. Mr. Milot noted the agreement with Mrs. Underwood is being forced on her by her sister's actions. He felt she shouldn't be forced to make decisions on her property now. Mr. Burgess said the Commission wants to meet with its Attorney before making a decision in order to be advised of its rights. Mr. Boyd, owner of a lot on Spear St. asked when Mr. Milot planned to submit a development plan. Mr. Milot said that is a market question , but they usually get permits quickly. Mrs. Leonard was concerned about drainage. There is a right-of- way behind her home for drainage from Spear St. and there is a problem in winter when the drain blocks up. Mr. Burgess said that concern would be addressed at the time of a development proposal. Mr-µCr,ai,a4mQued_tQ_cantinue_the_heariaq-until-l4-bay--ML--Austin seconded---MQtian-gassed_unanimQusl � 6. Site Plan application of Creative Carpentry for use of a 600 sq. ft. space within an existing 15,600 sq. ft. multiple use building for general retail use, 3060 Williston Rd.: Mr. Provost said this is the former Hertz Car area. There is an existing fire lane and front parking area they were using for display of cars. The applicant would put a gazebo in the center with a display of playground equipment. They would use the office for display. It will be just a sales/show area to take orders. There would not be trucks going in and out. PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 June 21, 1991 Mr. Gerald Milot. P.O. Box 4193 Burlington, Vermont 05402 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed please find a copy of the May 14, 1991 Planning Commis- sion meeting minutes. If you have any questions, please give me a call. Sincerely, Joe Weith,'�` City Planner 1 Encl JW/mcp cc: John Steele Marie Underwood John Larkin PLANNER 658-7955 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 June 21, 1991 Mr. Gerald Milot P.O. Box 4193 Burlington, Vermont. 05401 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, June 25, 1991 at 7:30 P.M. to represent your request. Sincerely, Joe Weith, GHQ City Planner Encls JW/mcp cc: Marie Underwood John Larkin John Steele M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: June 25, 1991 agenda items Date: June 21, 1991 3) UM PARTNERSHIP/MARIE UNDERWOOD = 2 LOT SUBDIVISION This is a continuation of a public hearing held on May 14, 1991 for preliminary plat approval (minutes enclosed). This proposal consists of the subdivision of a 127.39 acre parcel into two (2) lots. Lot A, being the northerly half of the lot and consisting of 66.69 acres, is to be retained by L&M Partnership. Lot B, being the southerly half of the lot and consisting of 60.7 acres, is to be retained by Marie Underwood. Separating lots A and B is a proposed 80 foot r.o.w. which would serve as an extension of Deerfield Drive. This property is located on the easterly side of Spear Street in the vicinity of Deerfield Drive and to the south and east of the IBIS property. This property is bounded on the north, east and south by developed land and on the west by 5 singe -family dwell- ings and Spear Street. This property is located in the R1 and R2 Districts and an inter- im zoning district adopted by the City Council in April, 1989 which has a minimum lot size of 10 acres. Since this subdivision meets minimum lot size requirements, approval is not required by City Council. Since the May 14th meeting, the applicants have revised the plat to show an 80 foot r.o.w. for the proposed Allen Road extension and a 15.5 acre site for a proposed City park. They have also added the following note to the plat: "The depiction of the proposed City park and Allen Road extension on this subdivision plat is to acknowledge the existence of those municipal facili- ties in the interim Official Map. The lands within the bound- aries of the park and road are not required to be dedicated and conveyed to the City in connection with the approval of the final subdivision plat". In regards to the 80 foot east -west r.o.w. to be dedicated to the City, appropriate legal documents shall be drafted and approved by the City Attorney prior to permit. The applicants have indicated they would be acceptable to a 14 Memorandum - Planning June 25, 1991 agenda items June 21, 1991 Page 2 stipulation than any further subdivision of either parcel would be subject to major subdivision review and the assessment of impacts and exactions based on maximum subdivision potential. 4) L&M PARK, THEATER, REVISED FINAL PLAT The amendment to this project consists of substituting a 20,000 square foot 1,000 seat nine (9) screen movie theater for the 60,000 square foot office building, the redesigning of the 40,000 square foot retail building from two (2) buildings connected by an overhead walkway to one (1) building and increasing the size of the hotel from 40 rooms to 60 rooms by leaving intact a 20 room structure which was previously to be razed. There are no changes to the residential portion of the project. The Final Plat was approved on December 11, 1990 (see enclosed minutes). Access: Access to the project from Shelburne Road has not changed. An access change from the proposed Fayette Road in- cludes the elimination of the access to the underground parking area for the former office building. Access to the proposed theater parking area will remain via a curb -cut and driveway located within the proposed 60 foot r.o.w. connection to the Farrell Property to the south. This access was moved seventy (70) feet to the west from the original pro- posed connection. The 60 foot r.o.w. is proposed in front of the theater. This connection will result in somewhat of a meandering north -south roadway, however, staff feels it will work satisfac- torily and benefit traffic circulation in the area. Staff is concerned with the number of curb cuts accessing the parking lot within the 60 foot r.o.w. These curb cuts should be reduced, however, this will result in less parking spaces. Landscaping: Minor revisions have been made to the landscaping plan and this plan still meets the minimum landscaping require- ment of $107,500. One (1) additional street tree has been added for a total street tree value of $14,000. Therefore, the total landscaping value is $121,500. Coverage/setbacks: Building coverage is 8.4% (maximum allowed is 30%). Overall coverage is 34.3% (maximum allowed is 70%). The setbacks for the retail building have not changed. The proposed theater is 20 feet from the Fayette Road r.o.w. while the previ- ously proposed office building was to be only 10 feet from the r.o.w. The 20 unit motel building will be 15 feet from the r.o.w. Staff recommends the approval of these reduced setbacks. 2 PLANNING COMMISSION 14 MAY 1991 The South Burlington Planning Commission held a meeting on Tuesday, 14 May 1991, at 7:30 pm, in the Conference Room, City Hall, 575 Dorset St. Members Present: William Burgess, Chairman; Mary -Barbara Maher, David Austin, Terry Sheahan, Catherine Peacock, William Craig, Ann Pugh Also Present: Joe Weith, City Planner; Steve Crampton,.John Larkin, Anne Ratkus Dick, Pat & Marie Underwood, Fred Chamb(Irlain „ B. & T. Caillard, H. Davison, Jim Carroll, Lee Zachary, Norman Smith, Jim Truax, Gary Farrell, Peter Collins, Merrill Davis, Hal Findlay 1. Other Business: a) Mr. Weith noted a letter from Gravel & Shea requesting a copy of a communication sent to the Commission by the City Attorney. Mr. Sti t zel considers this a privileged communication not to be released. Members agreed. 2. Minutes of 30 April 1991: Ms. Peacock moved to approve the Minutes of 2 April as written. Ms. Pugh seconded. Motion passed unanimously. 3. Public Hearing: Continued preliminary plat application of L & M Partnership for subdivision of 127.39 acres of land into two (2) parcels of 66.9 acres and 60.7 acres, Spear Street: Mr. Weith noted the applicant has added a north/south and east/ west right: of way as they appear on the official city map, but there is a note that these are for planning purposes only and not for dedication at this time. Mr. Burgess said the applicant has not changed the plan to conform with the Commission's requests. Mr. Crampton said the extension of Deerfield Rd. is shown on the map and is marked -_for dedication. Regarding the north/south road, he said that no adjacent lands have provisions for this road and the applicant is asking the Commission to waive the provision for this until there is a plan for development. Regarding the setting aside of land for the proposed park and recreation path, Mr. Crampton said they don't understand if the city is saying to put them on the plan and the land will be considered committed and dedicated or just to acknowledge they are on the official city map. He asked if this land would be subject to irrevocable dedication. Commission members said it would except for the park which would not be acquired until there is further development on the lots. Mr. Crampton said he understood that everything is on the PLANNING COMMISSION 14 May 1991 page 2 official city map except the recreation path. He felt it was proper for the city only to ask that these be put on the map without dedication. If there were then a proposal to construct something within the proposed park area, the Commission could deny it and the city would then have 120 days to decide whether to buy the land. He felt the issue changes if it is in the Com- prehensive Plan where the issues become related to the implica- tions to municipal services. He said they(' -"are asking the Commission to recognize a distinct difference here. They are not averse to showing the roads and parks with the acknowledgment that if there is a subsequent proposal fjor development, then it would trigger the process under the official city map. He stressed that their position is that this is a 2-lot subdivision and there are no burdens. They feel it is premature to ask for a deed for any of the land in question. Mr. Austin said he would like to hear the City Attorney's opinion on this. Mr. Burgess said if the hearing is closed, the Com- mission must then make a decision within 45 days. Mr. Crampton suggested that rather than close the hearing the Commission con- tinue it. He said the applicant is prepared to discuss his position with the city's attorney. He felt that closing the hearing would foreclose any communication that might be possible. Mr._Craig,then`moved-to-continue-the-hearinq-unti1-25-Tune-1991- Nor--Sheahanµseconded^--Motion-passedµunanimously- 4.. _Continue Site _Plan _application^of-Lee -Zachary _for,use-of -7,000 sn� fkw�af-existinazk ildi_nq_for -banquet _facility -use -in con unction -wit h-an �existing_restaurant _use r_1234_Wi11iston_Road:, Mr. Weith said the revised plans meet the coverage requirements and they have put in direction signs to direct people to the banquet facility. They have also indicated that the road to White St. will be closed. Mr. Carroll said the plantings have been identified by species. The most significant improvement is the elimination of 7 parking spaces near the hair dresser's facility. Traffic can now flow smoothly through the lot. They have also agreed to put in storm sewers. He noted that the curb cuts on Williston Rd. comply with requirements and have been measured. Mrs. Maher questioned the meeting of lot coverage. Mr. Weith said coverage is 80.6% today. The standard is 70%. It is a precedent that if they meet the existing standard it is OK. The proposed plan is exactly at 800. Mrs. Maher asked if Zachary's would be willing to fill in the bad spots in the lot in front of the hair dresser's. Mr. Carroll GRAVEL AND SHEA ATTORNEYS AT LAW CHARLES T. SHEA 76 ST. PAUL STREET AREA CODE 802 STEPHEN R. CRAMPTON TELEPHONE 658-0220 STEWART H. MCCONAUGHY POST OFFICE BOX 369 FAX 658-1456 ROBERT B. HEMLEY WILLIAM G. POST, JR. BURLINGTON, VERMONT 05402-0369 CRAIG WEATHERLY CLARKE A. GRAVEL JAMES E. KNAPP COUNSEL JOHN R. PONSETTO DENNIS R. PEARSON PETER S. ERLY ROBERT F. O'NEILL NORMAN WILLIAMS June 11 1991 MARGARET L. MONTGOMERY 7 LucyT. BROWN, ADMITTED ONLY IN WISCONSIN South Burlington Planning Commission c/o Joseph Weith, City Planner South Burlington City Hall 575 Dorset Street South Burlington, VT 05403 Dear Commissioners: At the public hearing held on May 14, 1991, L & M Partnership orally presented its position in opposition to the Commission's expressed intention to require the Applicants to dedicate land for two roads, recreation paths, and a park as a condition to granting approval for a two -lot subdivision on Spear Street. We understand that the basis for the Commission's authority to impose such exactions is allegedly contained in a written opinion which your Commission received from its legal counsel and discussed in executive session on April 16, 1991. Despite repeated requests by the Applicants, the Commission has refused to release that written opinion, or even explain the legal basis for the Commission's position, a stance we find unusual in light of customary Vermont courtesy, the public records law, and the principles of disclosure espoused in the Vermont Rules of Civil Procedure and in administrative law proceedings generally. Nevertheless, we appreciate your willingness to permit us to provide you with a written statement of the Applicants' position before reaching a final decision on the pending application. Let me first recite the pertinent facts surrounding the application as we understand them. 1. L & M Partnership and Marie Underwood (the "Applicants"), owners as tenants in common, have submitted an application seeking approval to divide 127.4 acres of undeveloped land into two unimproved lots, Lot A containing 66.7 acres and Lot B containing 60.7 acres. No development improvements or changes from the current use of the land are proposed or associated with the application. The intent of the subdivision is to partition the unimproved land between the tenants in common, as is their statutory right (see 12 V.S.A. §5161). The two proposed lots conform to all the GRAVEL AND SHEA South Burlington Planning Commission June 11, 1991 Page 2 physical requirements such as size, road frontage, etc. set forth in the South Burlington Zoning Regulations. 2. Both the City's Official Map and Map 3 of the 1991 Comprehensive Plan include the following: a. The extension of Holmes Road easterly from Spear Street through the Applicants' property as a proposed municipal arterial road. b. The extension of Allen Road northerly through the Applicants' property as a proposed municipal collector road. C. A proposed City park of 15.5 acres, more or less, in the southwesterly corner of the Applicants' property adjacent to Spear Street. The City's 1991 Comprehensive Plan also includes proposed recreation paths on Map 2 which appear to be located adjacent to the two proposed municipal roads referred to above. The recreational paths are not included on the interim Official Map. 3. The Chairman of your Commission, relying upon Sections 505 and 411 of the South Burlington Subdivision Regulations (reference is made to a letter dated April 25, 1991 from Joe Weith, City Planner), stated at the public hearing on the application held May 14, 1991, that as a condition of subdivision approval, the Commission will require the final plat to depict and set aside (a) sufficient land constituting the easterly extension of Holmes Road through the property and the northerly extension of Allen Road through the property, both strips of land to include areas for recreation paths; and (b) a 19 acre park, all of which are to be the subject of executed, irrevocable, and unconditional offers of dedication from the Applicants to the City of South Burlington. It is the Applicants' position that the Commission's demand for dedication of substantial acreage for public purposes, as a condition to granting approval of the current application, is a blatant violation of the taking clause of the United States and Vermont constitutions which prohibit such takings without just compensation. There are two crucial distinctions within which any further discussions should be framed. The first is the distinction and relationship between a municipality's comprehensive plan and its official map, and the implications of that distinction. The second is the differences that apply between dedicating lands for public roadways directly associated with the proposed subdivision, as opposed to a requirement to dedicate lands for general public recreational purposes. GRAVEL AND SHEA South Burlington Planning Commission June 11, 1991 Page 3 What a comprehensive plan is could not be more clearly stated than it is in Chapter I, Section A of the City's 1991 Comprehensive Plan. The definition includes two crucial aspects: (1) The Plan is a framework, a guide, a vision setting forth goals and objectives based on community aspirations and desires; and (2) the Plan is implemented through City ordinances and regulations. (Implementation is actually through City bylaws, with bylaws being defined in 24 V.S.A. §4401(b) to include a municipality's zoning regulations, subdivision regulations, the official map, shoreland bylaws, and flood hazard area bylaws.) The official map is one of the bylaws through which a municipality may implement the goals and objectives expressed and delineated in its comprehensive plan. The official map takes the conceptual information contained in a comprehensive plan and adds specificity as to the location, width and size of proposed future streets, parks, schools, and other public facilities. It elevates what are merely planning goals and aspirations recited in a comprehensive plan to a higher status as a bylaw. By translating the desires contained in the comprehensive plan into specific depictions in a bylaw, the proposed road corridors, recreation parks and paths, and other municipal facilities gain some protection which allows a municipality the opportunity to preserve the delineated future facilities. Once the locations are described on an official map, the lands occupied by the municipal facilities cannot be built upon unless specific procedural steps have been taken. The important point for purposes of our discussion about the distinction between the comprehensive plan and the official map can be gleaned in the legal principles and philosophies established in 24 V.S.A. §§4424, 4425, and 4469, all enacted with an eye on the constitutional prohibition against takings. Section 4424 specifically protects a municipality when it has designated proposed future roads, parks, or other municipal facilities on its official map by making it clear that such a designation, by itself, shall not be construed to constitute a taking or acceptance of land. The mere designation of a location for a municipal facility --even on an 'official map", which has the status of a bylaw --does not permit the affected landowner to claim a taking has occurred, nor does it impair the title or rights of the landowner to own and use the land unless the municipality opts to commence condemnation proceedings as provided under §4469. Under that section, if the affected landowner does elect to use the land in a way which would contravene the purposes for which the land was designated on the official map (by the proposed construction of structures or improvements), then and only then does the municipality have the right to protect its proposed future use of that land, and even then only by paying fair market value for that land through negotiation or condemnation. Once one understands the way the comprehensive plan and the official map interrelate, and recognizes how carefully the provisions of Title 24 have been stitched GRAVEL AND SHEA South Burlington Planning Commission June 11, 1991 Page 4 together to avoid the constitutional prohibition against taking, one can understand why there is no legal basis, as a condition of approval for this application, to require the Applicants to dedicate lands for future roads, recreation paths, and a park without adequate compensation. To contend that Section 505 of your Subdivision Regulations, which merely states that proposed subdivisions shall conform to the Comprehensive Plan, hands your Commission unrestricted authority to take land without compensation--i.e., coerce its dedication for general public purposes as a condition of approval --is contrary to fundamental constitutional principles and would make the conscious precautions of Title 24 unnecessary and immaterial. If the application before you proposed to make improvements and build structures --for example, a proposal to construct a residential subdivision complete with roads and other related infrastructure --then clearly the design and layout of the subdivision would have to take into account proposed municipal road corridors which appear on the official map and comprehensive plan, both because of the legal and practical considerations involved. But the mere act of partitioning a piece of unimproved land into two unimproved lots contains no proposal (in the form of improvements or structures) which has even the potential to conflict with any proposed municipal facilities identified in the Comprehensive Plan. Further, Section 56 of the Subdivision Regulations provides your Commission with the discretion to waive strict adherence to the regulations where inappropriateness or special circumstances surround an application. Proposed municipal recreation facilities involve an additional issue which implicates the second distinction referred to earlier, the difference between roadway and recreational dedication requirements. There are circumstances under which a municipality can condition an approval upon (i) making improvements to existing municipal infrastructures, (ii) requiring the dedication of land, or (iii) requiring the payment of money. Those circumstances occur when a proposed subdivision or development will either directly impact existing municipal infrastructure serving the proposed subdivision or development, or will directly generate impacts upon the municipality's future ability to provide public services for the growth directly related to the new development. There is legal justification to require a developer to upgrade existing municipal roads or utilities serving the proposed subdivision, to impose impact fees on a developer for educational services which will be generated by the proposed subdivision, or to require a developer to help, through the donation of land or money, to provide recreational facilities to accommodate the occupants of a proposed subdivision. But the crucial constitutional test that is imposed on any such exaction is that there must be a direct nexus between the exaction imposed and the burden that will be generated by the subdivision. Absent that nexus, an unconstitutional taking without compensation will have occurred. GRAVEL AND SHEA South Burlington Planning Commission June 11, 1991 Page 5 The City of South Burlington has recognized and attempted to meet that test through the careful draftsmanship evident in Section 411 of your Subdivision Regulations. A specific formula is included to meet the constitutional requirement that there be a direct relationship between the exaction imposed and the burdens generated by a subdivision proposal. In addition and of particular relevance to the application before you, Section 411 of the Subdivision Regulations specifically authorizes the Commission to exercise it discretion and waive the requirement for a recreational exaction when the formula "is not reasonably related to the increased recreational demand created by the subdivision." In the case of the application before you, to require 19 acres of park land, together with any acreage included in the two recreational paths, to be donated by Applicants who are merely partitioning their land and continuing the existing use of that land, defies the existence of any rational nexus between the proposed conditions and nonexistent impacts of this subdivision. There simply are no impacts or burdens upon the City's recreational services that will be generated by the specific application before you, even if you attempt to include the handful of lots adjacent to the Applicants' property which were originally part of the Knowland Farm. Nor is there a scintilla of justification for anticipating possible future uses or development of the Applicants' two lots in attempting to factor in mythical burdens or impacts that might occur. In light of the above, the Applicants ask that the Commission give preliminary approval to the subdivision plan submitted with this letter. The Applicants have voluntarily agreed to dedicate the strip of land necessary to extend Holmes Road through the property at the location you have requested. The strip of land is eighty feet in width to both meet arterial road specifications and permit a recreation path to run parallel to the road. The Applicants include a proposed Offer of Dedication and warranty deed for your review and acceptance. The enclosed subdivision plan also depicts the general location of the northern extension of Allen Road and the park as they appear on the interim Official Map. The Subdivision Plan makes it clear, however, that this depiction is solely to recognize the fact that the road corridor and park included in the interim Official Map are located within the property being partitioned, and that such depictions are not intended to imply there will be a dedication, or are for any other purpose outside the parameters of 24 V.S.A. §§4424, 4425, and 4469. Should you decide the subdivision plan as now proposed by the Applicants is not acceptable and continue to insist on the conditions and dedication of land previously announced, then, barring any other action by the Applicants, the Applicants ask that you deny the subdivision as proposed in order to trigger the thirty day appeal period. We would request, as an alternative means of avoiding having to make a decision concerning the exactions, that the Commission find that the division of the land, which is GRAVEL AND SHEA South Burlington Planning Commission June 13, 1991 Page 6 currently used for agricultural purposes, into two large, unimproved lots, does not need a subdivision permit at all under either of the following rationales. Under Section 103 "Subdivision"(4), the proposal of L & M Partnership and Mrs. Underwood does not constitute a subdivision because it is a division of land for agricultural purposes into lots larger than twenty-five (25) acres and not involving any new streets or access. L & M Partnership and Mrs. Underwood are willing to execute the appropriate waiver of development rights required by your regulations. In the alternative, we would ask the Commission to acknowledge that the act of partitioning land between co -owners is a statutory right which does not require a subdivision permit as long as the resulting lots meet the physical requirements of the City's zoning regulations. I have discussed these two approaches with Steve Stitzel for him to discuss with you at your meeting scheduled for next week. Cordially, GRAVEL AND SHEA Z,)4e 4,44_6� Stephen R. Crampton SRC: [sbpc2.b06] cc: Members of the Planning Commission Mr. John Larkin Mr. Gerald C. Milot Steve Stitzel, Esq. Mr. John Steele Mrs. Marie Underwood 1 - /� uacArEc rD —ar> a Sd/M BURLWGrDV r FGEND 1 --- PERIMETER PROPERTY LINE ----- -- OTHER PROPERTY LINE ��■��■■■� PROPOSED LOT LINE ---- — R.O. W. / EASEMENT LINE 0 IRON PIN FOUND 13 CONCRETE MONUMENT FOUND A CALCULATED POINT O FENCE POST CORNER • IRON PIN TO BE SET ■ CONCRETE MONUMENT TO BE SET ♦ TEST PIT POWER POLE v FIRE HYDRANT D STORM DRAIN 1231456 VOLUME / PAGE DEED REFERENCE, OR SURVEY REFERENCE CITY OF SOUTH BURLINGTON LAND RECORDS vrIf LOCUS NO TES 1. OWNER/APPLICANTL&M PARTNERSHIP MARIA UNDERWOOD C/0 LARKIN REALTY 410 SHELBURNE ROAD SO. BURLINGTON, VT. 2. TOTAL PARCEL AREA: 12Z 4 ACRES J. TOPOGRAPHY AND EXIS77NG FEATURES BY F/7ZPA7RICK-LLEWELLYN INCORPORATED, MARCH 1991. THE DEPIC77ON OF 7HE PROPOSED CITY PARK' AND 'ALLEN ROdD EXTENSION' ON THIS SUBDIWSION PLAN IS TO ACKNOWLEDGE TH EXISTENCE OF THOSE MUNICIPAL FACIU77ES ON THE INTERIM OFF MAP. THE LANDS WITHIN 7HE BOUNDARIES OF THE PARK AND R ARE NOT REQUIRED 70 BE DEDICATED AND CONVEYED TO THE C IN CONNEC7/0N WITH THE APPROVAL OF THE FINAL SUBDIVISION NTS IT IS THE USERS RESPONSIBILITY TO ENSURE THESE DRAWINGS I THE LATEST REVISIONS. PRELIMINARY PLAT ACT 250 FINAL PLAT _ _ CONS7RUC710N SOLID BOX INOICATS APPROVALS STAGE THE DESIGN IS CURRCNTL r IN NO WLAND PROPERTY II run+ euauxcroN - -- S UBDI VISION PLAN 89098 L=J �ryE 1991 INCORPORATED SLAof _ WILLISTON VERMONT WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That MARIE UNDERWOOD, of South Burlington, County of Chittenden, and State of Vermont and L & M PARTNERSHIP, a Vermont general partnership with a place of business in South Burlington, County of Chittenden, and State of Vermont ("Grantors") in consideration of Ten and More Dollars, paid to their full satisfaction by THE CITY OF SOUTH BURLINGTON, a municipal corporation located in Chittenden County, State of Vermont, ("Grantee") by these presents, do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, THE CITY OF SOUTH BURLINGTON, its successors and assigns forever, a certain piece of land in South Burlington, in the County of Chittenden, and State of Vermont, (hereinafter the "Premises") described as follows, viz: Beginning at a concrete monument in the easterly or rear boundary line of property of the within Grantors, said monument being 1106.10 feet northeasterly of the fence post marking the southeasterly corner of the property of the within Grantors; thence N 83° 35' 03" W 1010.93 feet to a concrete monument; thence in a curve to the right a length of 328.93 feet to a concrete monument; thence N 65° 27' 46" W 361.57 feet to a concrete monument in the easterly boundary of property now or formerly of Ibis; thence N 26" 56' 56" E 80.08 feet to a concrete monument; thence S 65° 2T 46" E 358.20 feet to a concrete monument; thence in a curve to the left a length of 303.63 feet to a concrete monument; thence S 83° 35' 03" E 1010.93 feet to a concrete monument in the easterly or rear boundary line of the property of the within Grantors; thence S 06° 24' ST W 80.00 feet to the concrete monument marking the point or place of beginning. Said strip of land is more particularly depicted on a survey entitled "Subdivision Plan: Knowland Property II" dated March, 1991, last revised June 11, 1991, approved by the South Burlington Planning Commission dated , 1991 and recorded in Map Volume at Pages of the South Burlington City Land Records. The above -described property is conveyed to the within Grantee for use for municipal road purposes and for a recreation path. The within Grantor reserve the right to use said strip of land for access to and from Spear Street for the benefit of each of the two parcels depicted on the aforementioned survey until such time that the Grantee accepts and records this deed in the South Burlington City Land Records and thereafter actually constructs a municipal road within the above -described strip. Reference is hereby made to the above -mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantee, THE CITY OF SOUTH BURLINGTON, and its successors and assigns, to its own use and behoof forever; and we the said Grantors, MARIE UNDERWOOD and L & M PARTNERSHIP, for ourselves and our heirs, executors and administrators, do covenant with the said Grantee, THE CITY OF SOUTH BURLINGTON and its successors and assigns, that until the ensealing of these presents, we the Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforementioned. IN WITNESS WHEREOF, We hereunto set our hand this _ day of July, 1991. IN PRESENCE OF: Witness MARIE UNDERWOOD Witness L & M PARTNERSHIP Witness By. Witness Gerald C. Milot, general partner duly authorized STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this _ day of July, 1991, personally appeared MARIE UNDERWOOD and she acknowledged the within instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT CHITTENDEN COUNTY, SS. At South Burlington, in said County, this _ day of July, 1991, personally appeared GERALD C. MILOT, general partner duly authorized, and he acknowledged the within instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. [I&mwd.b06] - 2 - Before me, Notary Public My commission expires 2/10/95 VERMONT PROPERTY TRANSFER TAX RETURN VERMONT DEPARTMENT OF TAXES ® MONTPELIER, VERMONT 05602 1. SELLER (TRANSFEROR) NAME(S) 1 MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR TAXPAYER (DENT. NO. Marie Underwood c/o Stephen R. Crampton T. & M PartnPrshi Gravel and Shea P. 0. Box 369, Burlington, VT 05402 2. BUYER (TRANSFEREE) NAME(S) MAILING ADDRESS IN FULL - INCLUDING ZIP CODE SOCIAL SECURITY NO. OR _ TAXPAYER (DENT. NO. City of South Burlington c/o South Burlington City Council South Burlington City Hall Dorset St., South Burlington,VT 05403 ' 3. PROPERTY LOCATION (Address in full) 4. DATE OF CLOSING Spear Street, South Burlington, VT 05403 5. INTEREST IN PROPERTY 1.E FEE SIMPLE 3. UNDIVIDED', INTEREST 5. TIME-SHARE ESTATE 7. EASEMENT 2. LIFE ESTATE 4. UNDIVIDED %INTEREST 6. LEASE 8. OTHER 6. FRONTAGE AND DEPTH 7. TOTAL ACREAGE n/a 1.54 acres 8. BUILDINGS ON PROPERTY AT THE TIME OF TRANSFER (CHECK ALL THAT APPLY). 1.J2 NONE 5. BARN 9. r] STORE 2. FACTORY 6. APARTMENT WITH (NUMEBER) DWELLING UNITS 10. OTHER _- 3. HOUSE 7. MOBILE HOME INSERT 4. CAMP/vacanoN 8. ❑ CONDOMINIUM WITH --(NUMBER) DWELLING UNITS HOME CHECK WHETHER THE BUILDINGS WERE Q NEVER OCCUPIED 0 PREVIOUSLY OCCUPIED 9. PRIMARY USE OF PROPERTY BEFORE TRANSFER AS SHOWN IN GRANDLIST BOOK (CHECK ONE): 1. PRIMARY RESIDENCE 3. OPERATING FARM 5. COMMERCIAL 7. ❑ INDUSTRIAL 9. []OTHER 2. ❑ TIMBERLAND 4. GOVERNMENT USE 6. OPEN LAND 8. CAMP OR VACATION 10. PRIMARY USE OF PROPERTY AFTER TRANSFER (CHECK ONE): Transfer to 1. PRIMARY RESIDENCE 3. OPERATING FARM 5. COMMERCIAL 7. INDUSTRIAL 9. 6aOTHER a 2. TIMBERLAND 4. GOVERNMENT USE 6. OPEN LAND 8. CAMP OR VACATION municipality for road/recreation purpo 11. IS ANY PORTION OF THE LAND BEING CONVEYED SUBJECT TO A LIEN OR OTHER RESTRICTIONS UNDER CHAPTER 124 OF 32 V.S.A. (Agricultural, Forest, Farmland, Working Farmland Tax Abatement Use Value Appraisal Programs)? ❑ Yes 3E] No IMMMM 12. IF TRANSFER IS EXEMPT FROM PROPERTY TRANSFER TAX, CITE EXEMPTION FROM INSTRUCTIONS AND COMPLETE SECTION ENTITLED "VALUE." Transfer to a municipality as an instrumentality of State of Vermont am 13. TOTAL 1411.00 00 15. PRICE PAID FOR REAL PROPERTY: IF LESS THAN FAIR MARKET VALUE, $ PRICE PAID $ ENTER FAIR MARKET VALUE AND DESCRIBE THE CIRCUMSTANCES 14. PRICE PAID FOR PERSONAL PROPERTY $ $ - 16. TAX DUE: Enter amount from rate schedule on reverse side. COMPLETE RATE SCHEDULE FOR ALL TRANSFERS $ none 17. DATE SELLER ACQUIRED _ 18. IF A VERMONT LAND GAINS TAX RETURN IS NOT BEING FILED, CITE EXEMPTION FROM INSTRUCTIONS:_ (CONTINUE ON REVERSE SIDE) ACKNOWLEDGEMENT TOWN NUMBER TOWN/CITY __ -__ _ -. _ RETURN RECEIVED (INCLUDING CERTIFICATES AND, IF DATE OF RECORD __ REQUIRED, ACT 250 DISCLOSURE STATEMENT) AND TAX BOOK NUMBER _____ _ - - PAGE NO. _. - PAID. LISTED VALUE $ _ __._ - GRAND LIST OF 19 MAP AND PARCEL NOS. _--- ________ _- - SIGNED CLERK DATE Form PT-1 (7/89) 1. Tax on Special Rate Property: a. Value of purchaser's principal residence (not to exceed $100,000) (See Instructions) b. Value of property enrolled in current use program c. Value of qualified working farm d. Add Lines 1(a), (b) and (c) e. Tax rate f. Tax due on Special Rate Property: multiply Line 1(d) by Line 1(e) 2. Tax on General Rate Property: a. Enter amount from Line 15 on front of return b. Enter amount from Line 1(d) of Rate Schedule above c. Subtract Line 2(b) from Line 2(a) d. Tax rate e. Tax due on General Rate Property: multiply Line 2(c) by Line 2(d) 3. Total Tax Due: Add Line 1(f) and Line 2(e) and enter on Line 16 on front of return 1.(a)$ (b) $ (c) $ (d) $ (e) $ 0.005 (f) $ 2. (a) $ (b) $ (c) $ (d) $ 0.0125 (e) $ 3. Buyer(s) and Seller(s) certify as follows: A. That they have investigated and disclosed to every party to this transaction all of their knowledge relating to flood regulations, if any, affecting the property. B. That the seller(s) advised the buyer(s) that local and state building regulations, zoning regulations and subdivision regulations pertaining to the property may limit significantly the use of the property. C. That this transfer is in compliance with or is exempt from the subdivision regulations of the Agency of Natural Resources for the following reasons: 1. This property is the subject of Subdivision Permit No. and is in compliance with said permit, or 2. This property and any retained parcel is exempt from the subdivision regulations because (see instructions for exemptions): a. Parcel to be sold: Exemption Number Number of acres b. Parcel retained: Exemption Number Number of acres Sellers(s) further certify as follows: D. That this transfer of real property and any development thereon is in compliance with or exempt from 10 V.S.A. Chapter 151, Vermont's Land Use and Development Law (Act 250), for the following reason: 1. This property is the subject of Act 250 Permit No. _ _ _ _ and is in compliance with said permit, or 2. This property is exempt from Act 250 because: (list exemption number from instructions) E. That this transfer does/does not (strike one) result in a partition or division of land. NoteAf it does, an Act 250 Disclosure Statement must be attached to this return before filing with the Town Clerk. This transfer is in compliance with or is exempt from Vermont income tax withholding for the following reason (Check one): xxxl. Seller(s) certify that, at the time of transfer, each seller was a resident of Vermont or an estate; or 2. Buyer(s) certify that the parties obtained withholding certificate no. from the Commissioner of Taxes in advance of this sale; or 3. Buyer(s) certify that the buyer has withheld Vermont income tax from the purchase price and will remit it to the Commissioner of Taxes with Form REW-1 within 30 days from the transfer. WE HEREBY SWEAR AND AFFIRM THAT THIS RETURN, INCLUDING ALL CERTIFICATES, IS TRUE, CORRECT AND COMPLETE TO THE BEST OF OUR KNOWLEDGE. SELLER(S) SIGNATURE(S) DATE BUYER(S) SIGNATURE(S) DATE THE CITY OF SOUTH BURLINGTONB MARIE UNDEP.WOOD L & M PARTNERSHIP By: u uty aul_uUL1Zea Preparer'sSignature Preparedby Stephen R. Crampton (Print or Type) Preparer'sAddress P.O. Box 369, Burlington, VT 05402 Gravel and Shea E OFFER OF IRREVOCABLE DEDICATION Agreement made this day of July, 1991, by and between L & M Partnership, a Vermont general partnership with a place of business in South Burlington, Vermont and Marie Underwood, of South Burlington, Vermont (the "Owners") and the City of South Burlington (the "City"). WITNESSETH WHEREAS, the South Burlington City Planning Commission has approved a final subdivision plat entitled: "Subdivision Plan Knowland Property II" dated March, 1991, last revised June 11, 1991, prepared by Fitzpatrick-LLewellyn, Inc.; and WHEREAS, the final approval of the Planning Commission dated July _, 1991 contains the following conditions: In accordance with the Owners' offer, Owners shall execute and deliver to the Planning Commission, and Offer of Irrevocable Dedication and accompanying warranty deed conveying an eighty (80) foot strip of land as depicted on said aforementioned final subdivision plat, said eighty (80) foot strip to be used in the future for roadway and recreation path purposes by the City; WHEREAS, the above -described strip is to be dedicated to the City free and clear of all encumbrances pursuant to the final approval of said final plat; and WHEREAS, the Owners have delivered a warranty deed of conveyance to the City for the strip above - described. NOW THEREFORE, in consideration of the City Planning Commission's final approval, in further consideration of the sum of Ten Dollars paid by the City to the Owners, for other good and valuable consideration, it is covenanted and agreed as follows: 1. The Owners herewith deliver to the City a Warranty Deed, a copy of which is set forth as Exhibit A, attached hereto, said delivery being a formal Offer of Dedication to the City, to be held by the City until the acceptance or rejection of such Offer of Dedication by the City Council. 2. The Owners agree that said formal Offer of Dedication is irrevocable and can be accepted by the City at any time. 3. The granting of the final approval of the subdivision plat and the execution of this Offer of Dedication and Warranty Deed shall impose no obligation upon the Owners to pay for or construct any improvements in connection with the construction and use of the land for roadway and recreation path purposes. 4. This Irrevocable Offer of Dedication shall run with the land and be binding upon the Owners and their respective heirs, successors, and assigns. IN WITNESS WHEREOF, the Owners hereby execute this document as of the day first above written. IN PRESENCE OF: Witness Witness Witness Witness OWNERS Marie Underwood L & M PARTNERSHIP By: Gerald C. Milot, general partner duly authorized STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this _ day of July, 1991, personally appeared MARIE UNDERWOOD and she acknowledged this instrument, by her signed, to be her free act and deed. Before me, Notary Public My commission expires 2/10/95 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At South Burlington, in said County and State, this day of July, 1991, personally appeared GERALD C. MILOT, general partner of L & M PARTNERSHIP, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of L & M PARTNERSHIP. [I&moffer.b06] Before -2- Notary Public My commission expires 2/10/95 3 ;n 1 `r 0 ^ I co )ETAIL NOT N LO TO SCALE N/F FARRELL ET. AL. 1.44a 2741440 (N 830, ()g 11-1/174 S 6138'S5" - to-7- 199 64' � Y3 1 I S 6138S5" E o, 7- - / 1 0.35' N/F A TK/NS N/F HANSON 50/315 49/104 �7 `,% 54p< / I l 1raQ 02\S\\�\, \ + I 1 I 111(IfI ? I I i r-' I J- ,V, , L/ If S 61 38 5 E N/F A TKINS o r�, I 66/309 v1 I 49/li) N I 61�43 77 N/F MERED/TH N� i i NOTE: i NO CON T URS S IN THIS READ E TO ICE ONDI TI NS AT TIM OF FI LD SURVE S I ' I \ \ I \J 7 ack I \1 \ \ BO' R1 W. FOf? ALLEN] ROALI 1 I L1 1 1 1 ' 1 85/152 I it (�-392—\ 1 1391163 1 1 1 49/61 I + Q \ I I I rr^^ N/F GAGNON tis I1411154 S 27 3'1153/63 \ 14.53' o \ +\ I LEGEND PER/METER PROPERTY LINE �- OTHER PROPERTY LINE - - PROPOSED LOT LINE - - - - - R. 0. W. / EASEMENT LINE O IRON PIN FOUND ❑ CONCRETE MONUMENT FOUND • CALCULATED POINT FENCE POST CORNER TEST PIT 11 I I I I I '1 1 1 I N/F (SHAM \\ \ \ \ 69/327 \ I � \ 1 � o 1 11111 TREELINE I ' + I N/ F ECONOMOU FARMS, INC. \ v 91/444 J I \ \ \ I \ \: I �\ I I , \ A I \ \.\ 1 I \1 I \ \ I 1 9 ri \\o 1 1 \\ 1 1231456 VOLUME / PAGE DEED REFERENCE, OR SURVEY REFERENCE CITY OF SOUTH BURLINGTON LAND RECORDS JUN 14 1991 City of So. Burlington NOTE: THE DEPICTION OF THE PROPOSED CITY PARK AND ALLEN ROAD EXTENSION ON THIS SUBDIVISION PLAT IS TO ACKNOWLEDGE THE EXISTENCE OF THOSE MUNICIPAL FACILITIES /N THE INTERIM OFFICIAL MAP. THE LANDS W/ THIN THE BOUNDARIES OF THE PARK AND ROAD ARE NOT REQUIRED TO BE DEDICATED AND CONVEYED TO THE CITY IN CONNECTION WITH THE APPROVAL OF THE FINAL SUBDIOSION PLAT. IT IS THE USERS RESPONSIBILITY TO ENSURE 7HESE DRo I , THE LATEST RENSIONS. J •I PRELIM/NARY PLAT ACT 250 \\ RNAL PLAT CONS7RUC770N MA TCHLINE SOLID BOX INDICATES APPROVALS STAGE THE DESIGN IS CURRENTLY IN. NO nAND PROPERTY II 11 SOUTH BURLINGTON VERMONT 10 SUBDIVISION PLAN E uzPz 1rh0 K�11 89098 jj E �j� /] 2 n I �/ M MARC 1991 \ I �E� E� O IkREVOCABLE, OFFEi1R lV O6 24'5 = J 1 EQI Olb TALE CITY OF \ 40.4o " ' h S 277 I \ 1 ILYNG\TON �70M 1 11 / �/ III I 214.5 o \ A I O A\ �i�7 �97 �5. Y. 54 AC. \ r I N/F CHILI \ \ 1 \ \��' \ t\ N 93� \ �•t 1 / I I l I 7 cre I \ \\ t 10• \ I I 281/93 c0 Nam_ I I J I \ \ I �0 \• I I DEDICATED T .I 153/63 ,-_ g� NOT NO C�{N,_ ,-, SHOIWN I( \ \ I E I I I N/F ECONOMO( THE CITY OF SO In ! `�'3 I IN T ARE DU TO ICE ON� ` 1 �tp3 * / �l \ t 1 1 E \� I I �� J 91/4 BURLINGTON I 3 I �� =t 18 �7'1 11 II 1 I \ 3 ' 3 1\ • 93 �O g3' I IN 440"fir 2711605 -- ��3gp, \ Ak V60.t00' 1 t 1 I, � 0 <�� j0 I I 252/87 ,� o f \ T 7 �53.09' 1 11 1 1 \` \ J N/F IBIS j'"� o/ j \ L=`Q3.6t�3' l 2091155 261. 61 67 l(n I S 26' S6� W \\ t •• I / 5 t \ ` \\\ AREA SUBJE T TO l OCABLE O1FER ♦ �1 40. ! ■� / l \ \ \ \ \ \ \ \ OF DEDICATION HE /CITY OF S 65 2T4 " E58.20' SOUTH BURL ON FRbM ■—_ — DEERFIELDillI t t ■ I S 652T46\" E —�, \ `\ \CENTERLINE\ ` \ \ \ \ ` LOT B = 70 S.F. 11.55 AC. / ' pl 1 _) _ �. ■�� ■�— __ ( \ \\ \ \ PROPOSED Q , t�D fRC�i4h I ROAD ^�I \ I t t I ( I I tt� ■__� \ \` EXTENSPN / H1� x�WA 1 I \ \ P 1( I / ♦z -- t III t \�t ` 1 ice■ 65�746 E 1.�5 /1 � 18*07'17/ 0.00R 104856T15. � \� I j ♦m L= 328.93' R=1000' /j ' o k I ( I It / I I ♦ NOTE: \ - S 2 56 6" W \ T-159.47I 1 / I I I THE DEPICTION OF THE PROPOSED CITY PARK 40\0 L=316.28Y' I 1 I I AND ALLEN ROAD EXTENSION ON THIS 1 `* / t / �•� ` �� I I SUBDIVISION PLAT /S TO ACKNOWLEDGE 1 1 / �N/FVBIS 1 t 3 / t / \ I I THE EXISTENCE OF THOSE MUNICIPAL I� I �\895 t1 l I A�LENOW FOR ROAD EXTENSION �l i \ TREELINE l I FACILITIES /N THE INTER/M OFFICIAL MAP. 1 2187 1° l t �,1 / l THE LANDS WITHIN THE BOUNDARIES OF THE I 300/3 2 ` 011 io / t \ I / PARK AND ROAD ARE NOT REQUIRED TO BE 1 ' / � � \ l / DEDICATED AND CONVEYED TO THE CITY IN I I� 1 1 N t ll CONNECTION WITH THE APPROVAL OF THE cn �t \ It %~ \ \ \ / ♦ FINAL SUB0114SION PLA T. t 1 1 �\ t i \ \ \ ♦ 64- 4'48\ =\ -- / 60.7 acres 3903' OFSOUTHD BURLING OI NY 1681166 l N/F SCANLON 1421174 r 'Sys - DETAIL P I I l I NOT I �\ I --� // / \\ j \ 1 I TO SCALE 1 (� ��/ e s II (-�� •• '`1&0 NOTES \ N 6454'48" W \ I 395.03 1 I / i `� 1. OWNER/APPLICANT- L&M PARTNERSHIP MARIA UNDERWOOD III N 64 54'48" W 3 / I e C/O LARKIN REALTY 1 1 J )_ \ v � � s 410 SHELBURNE ROAD 1 i 1 2.29" 1 / / ( •) \` o A-^ 3 SO. BURLINGTON, VT. N/F UNSWORTN u 2. TOTAL PARCEL AREA: 127.4 ACRES 10�•/O 34/206 3._ TOPOGRAPHY AND EXISTING FEATURES BY 0 JUN 14 1991 FITZPATRICK—LLEWELLYN INCORPORATED, i �"� I / ' • 1 t I g8' , 1 I I i • 23" 50„ MARCH 1991. / �PRO�OSED CIT� PA\ K \ I ? 5 83 LEGEND / .�15.5 acres I .sty of SO. B SfR'S RESPONSIBILITY TO ENSURE 1HESf DRAWINGS INCLUDE 1 t / I �• ��o PERIMETER PROPERTY LINE TH LATEST REVISIONS. / / 1 'I tt I �g5 j •�/ OTHER PROPERTY LINE PROPOSED LOT LINE PRELIMINARY PLAT ACT 250 I I \ ( ��• ��■�� I I I I 1 I FINAL PLAT CorosrnucnoN - - - R.O. W. / EASEMENT LINE 1 I I I I I 1 O SOLID BOX /NDICA IES APPROVALS STALE 7H£ DESIGN IS CURRENTLY IN IRON PIN FOUND I� II 83 39 2q" E I I I �� O CONCRETE MONUMENT FOUND I 19 56" l ` �•' CALCULATED POINT NO WLAND PROPERTY II i O FENCE POST CORNER SOUTH BURLINGTON MERM, J/' 390 IRON PIN ■ CONCRETErMONUMENT TO BE SET O BE SET loop TEST PIT SUBDIVISION PLAN POWER POLE -- I op to N^i v FIRE HYDRANT '\ o �� 26„ E STORM DRAIN 21 \ 123/456 VOLUME /PAGE DEED REFERENCE, � � � 0 89098 OR SURVEY REFERENCE CITY OF MARCH 199 1 I $ g2 tl SCALE : 1 "=100' SOUTH BURLINGTON LAND RECORDS ..A- .• INCORPORATED FLI \ 50 0 50 100 200 400 600 800 N/F READY ENGINEERING AND PE,NNIN��s D 3879 I 2 6 13 91 ADD 80' R.O.W., CITY PARK, NOTE M✓B 10717/15150 ND. DATE DESCRIPTION BY WILLISTON VERMONT 1 ', City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 June 4, 1991 Mr. Gerald Milot 925 AIA Hillsboro, Florida 33062 Re: 2 Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed, please find a copy of the minutes of the April 16, 1991 Planning Commission meeting. Please call if you have any ques- tions. in ere , W•ft-' J e Weith, City Planner Encl JW/mcp cc: John Larkin Marie Underwood John Steele K n City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 25, 1991 Mr. Gerald Milot 925 AIA Hillsboro, Florida 33062 Re: 2-Lot Subdivision, Spear Street Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 This letter addresses the issue of roadway r.o.w., recreation path easement and parkland dedication as it relates to the above referenced application. As you are aware, the Planning Commis- sion discussed these issues during an executive session on April 16, 1991. The Planning Commission has determined that all planned streets, recreation paths and parkland should be shown on the subdivision plat. Section 505 of the South Burlington Subdivision Regula- tions indicates that "proposed subdivisions shall conform to the Comprehensive Plan and all by-laws of the City ..". The pro- posed streets and parkland are shown on the City's interim offi- cial map and proposed 1991 Comprehensive Plan. The proposed recreation path is shown on Map 2 of the proposed 1991 Compre- hensive Plan. Section 411 of the subdivision regulations establishes standards for dedication of recreation areas. The Planning Commission may require dedication of up to 15% of the land, or in the case of this application, 19 acres. The City's proposed 1991 Comprehen- sive Plan and interim official map propose a 15.5 acre park along Spear Street. The Planning Commission has suggested that the parkland be designated on the plat, however, dedication would be subject to the restriction that the City cannot accept the dedication until such time as the lands approved for subdivi- sion are granted approval for development.. Mr. Gerald Milot April 25, 1991 Page 2 Under this scenario, if the City later approves development on both parcels, it could accept the dedication of the park site. If the City later approves development of only one parcel, it could possibly accept dedication of the entire park site, or accept dedication of a portion of the park site. The Planning Commission still needs to decide which is appropriate. In summary, the Planning Commission has decided that the prelimi- nary plat must show the east -west "Holmes Road Extension" r.o.w., north -south "Allen Road" r.o.w., recreation path and 15.5 acre parkland. The Preliminary Plat should be revised accordingly for the 5/14/91 meeting. Please do not hesitate to contact me if you have any questions. S' cere y, oe Weith, City Planner JW/mcp cc: John Steele John Larkin Steve Stitzel GRAVEL AND SHEA ATTORNEYS AT LAW CHARLES T. SHEA 76 ST. PAUL STREET AREA CODE 802 STEPHEN R. CRAMPOON TELEPHONE 658-0220 STEWART H. MCCONAUGHY POST OFFICE BOX 369 FAX 658-1456 ROBERT B. HEMLEY WILLIAM G. POST, JR. BURLINGTON, VERMONT 05402-0369 CRAIG WEATHERLY CLARKE A. GRAVEL JAMES E. KNAPP COUNSEL JOHN R. PONSETTO DENNIS R. PEARSON PETER S. ERLY ROBERT F. O'NEILL NORMAN WILLIAMS MARGARET L. MONTGOMERY May 10, 1991 LUCY T. BROWN* ADMITTED ONLY IN WISCONSIN . Joe Weith City Planner City of South Burlington 575 Dorset Street South Burlington, VT 05403 Dear Mr. Weith: I am writing on behalf of Gerry Milot to request a copy of the document, drafted by Steven Stitzel, that the South Burlington Planning Commission considered in execu- tive session on April 16, 1991. This document apparently deals with the application of Gerry Milot, John Larkin and Marie Underwood to partition a parcel of land on Spear Street. Thank you very much for your attention. Very truly yours, GRAVEL AND SHEA Lucy T. Brown LTB:wka cc: Mr. Gerald Milot SHEET 2 SHEET 2 MATCHLINE I \ MATCHLINE OFFt0614_ I /iPR£VOGABL 1R l� 'S - 0° N , X((O�lbb 1E C/TY OF 11 1 40.00" "� h I (�IN\BU LYNG\>jON F�iOM 3 S 2713 W I III ( I � c„ A � 0 A, �6� 1�7 �5.�. ►.54 AC. . \ 214.53' i o \\ e �1 I \ \I 0 1\ 1 �/ '• I // N/F CHIU °T�� \� I \ o I .7 cre� 1 \d �\ N 1 /1010e3\ • U TON "..Y qI 281/93 �� _ J I l NOT NO C NTO RS S'H WN • I V N/F ECONOMOU FARMS, INC. DEDICATED T I I 153/63 - - - _ 9' q ' \ E I , '�8 IN T4S ARE OU T IICEIC01� IT,ON \` 3 / I I I 91/444 THE C/TY OF SO jN I 1 I "1E 3 3 �� /N 6` 45ts • v " BURLINGTON I I I ; p 18�T171 1 ' I I \ 3 'I •p Q.9 1093'I I 4 171/605 -- , �380, I\ R\= \960.100 1 1 1 1 I \ <; 1D 252/87 I ,� • T = �53.6 ' 1 1 1 ' h� o f ♦ \ L=`�Q3.�' NI F IBIS 1� d/ 1 \ w I I 209 155 lip I 2656' i" W 1 \ \ i I 1 \� o , y�h �S/IF / N \ 61.77' \\ S 26 56'. 6 W �\ _ 1 00 I 1 1 \\ AREA SUBJECT TO I OCABLE O�FER 1 ) > 40 / \ • / \ \ \ \ \ 1 OF DEDICA77 HE C/TY OF / ' 58.20 �— '� \\\ 1 \� �1�\ �� \ \ 1 j9 SOUTH BUR ON FRbM j S_6577'46" E _ _ ■ ___ 41 t1 ■ -� 1 1 CENTERL/NEI 1 \ \ \ 1 1 `' LOT B = 70 S.F. 11.55 AC. / / LOCUS 41 I I S 652�T46E —• (\ 1 1 / DEERFIELD ��I I _I_. I ��i��•� \ PROPOSED /�1/80k1Z! - ROAD 0 \ I I 1 1 �� J ) 1\ �� \� 1 EXTENS�N I \QIC-aWA�(�• - N cs _ 111 � \ 1 / �o ----i, I ,fir, I� — ` � , \, ;� i ; \,\ N �\ ,� 111 I � 65 2; '4fi E 3�1.5 �T■ / I / � \ / I \ I ( I s 1 4 I \ \\ R = 1040.00' w ww=18�A�'17" ' \ �l \ I I'� '� i �m s` &.a T= 165.85' o \ �y. L- 328.93' o R=1000' I I \ 1 S 2�56'56" W \ T=159.47I r} 40104' L=J16.28(' I 1 1 I APR 10 1991 � 1 \ I \ I I 1 \ �N VB/S 1 11 3 / 11 TREEL/NE 262 95 1 ; �) ,� ,� �_, 'ty of So. Burlington If If 64` 4'48r W 60.7 acres DEDICATED TO THE 0TY OF SOUTH BURLINGTON / N/F SCANL ON 1681 1421174 1 1 I I 1 1 rn ETSCALE T 1 --- /� e �,-'� .\�'� r8o NOTES Ili � 1� 'I ` II � � � •�' \ I I \ \ I N 64 5448" W II / / ,' • w 1. OWNER/APPLICANT. L&M PARTNERSHIP \J95 0I I ' • MARIA UNDERWOOD I �� C/0 LARKIN REALTY 1-0s 410 SHELBURNE ROAD N 6 2.29 8 W/ a,`I / (� ( .0o SO. BURLINGTON, VT. N/F UNSWORT4 2: TOTAL PARCEL AREA: 12Z4 ACRES 1 e I o 34 206 101 J. TOPOGRAPHY AND EXISTING FEATURES BY 11 111 til 1 \ I I BB •'i FITZPATRICK-LLEWELLYN INCORPORATED, I 11 io i I 1 o331/w MARCH 1991. N/F READY 2581542 1071150 LEGEND ��.wm� PERIMETER PROPERTY LINE -- 07HER PROPERTY LINE o w��■�� PROPOSED LOT LINE - - R.O. W. / EASEMENT LINE 0 IRON PIN FOUND O CONCRETE MONUMENT FOUND A CALCULATED POINT O FENCE POST CORNER • IRON PIN TO BE SET ■ CONCRETE MONUMENT TO BE SET • TEST PIT POWER POLE v FIRE HYDRANT D STORM DRAIN 1231456 VOLUME / PAGE DEED REFERENCE, OR SURVEY REFERENCE CITY OF SCALE : 1"=100' SOUTH BURLINGTON LAND RECORDS 50 0 50 100 _ 200 400 600 800 PRELIA41NARY PLAT ACT 250 FINAL PLAT CONS7RUCAON SOLID BOX INDICATES APPROVALS STAGE THE DESIGN IS CURRENTLY IN. NO WLAND PROPERTY II SOUTH DURLINGTDN WERNONT S UBDI VISION PLAN J 89098 Fo��pa�aoc�a� INCORPORATED MARCH 1991 ulcwce.wc A"o riu+w"c ssn,ncu D .7879 WILLISTON VERMONT 1 2 OE . ""Ir ro I � V 199 S 6138"55" E I 0. 35' N/F ATKINS I I N/F TSHAM 69/327 ! i Iltll � 7R£EL/N� N/F HANSON 50/315 49/104 @\ t\ I 560 � NOTE: \�\, \\ I I NO CONTOURS SHO 1 t 11 y t \\l 1 \ \ \\` \ \ 1 /N THIS AREA DUE t TO ICE CONDITIONS A T TIME OF FIELD 1 SURVEYS I J I f I \ I � 6138 5 E N 1� N/F ATK/NS o r� I 309 IC 1 I 49/111 h i t I N/F MER£D! Qi A85/152 IJ9116J 49/61 I �rr N/F GAGNON 1411154 I I I 153/63 N/F FARRELL ET AL 2741440 11-1/174 —V t01�'p9 LEGEND _ _ PERIMETER PROPERTY LINE — — OTHER PROPERTY LINE — — PROPOSED LOT LINE — ---- R.O.W. / EASEMENT LINE 0 IRON PIN FOUND CONCRETE MONUMENT FOUND • CALCULATED POINT FENCE POST CORNER a TEST PIT POWER POLE FIRE HYDRANT 1231456 SCALE : 1'-100' 50 0 50 100 VOLUME / PAGE DEED REFERENCE, OR SURVEY REFERENCE CITY OF SOUTH BURLINGTON LAND RECORDS c` l N/F ECONOMOU FARMS, INC. 91/444 400 600 800 PR£UAITNARY PLAT FINAL PLA r MATCHLINE saa w.--, APR 10 1991 -ity of So. Burlington ACT 250 caysneucnoN nIc ocsrcw �s cuaxcNrtr NO WLAND PROPERTY II SgIIM BUML/NG IQY SUBDIVISION PLAN �D��PQ4G°�OQa a 5—A-0H- ' MA1991 LS W INI�CORI�P jpRf A�jh�Df FLT `"`'MfQSMc '"° vuw.nc sruNas D 3680 NALLISTON VERMONT y - 2 Memorandum - Planning April 16, 1991 agenda items April 12, 1991 Page 3 The building does not meet the front yard setback and is there- fore nonconforming. This application does not propose to in- crease the degree or nonconformity. Lighting: Exterior lighting will consist of two (2) building mounted lights, a 175 watt metal halides light on the south side of the building and a 250 watt metal halide on the south-west corner of the building. These lights will be of a cutoff lumi- naire type. The other lighting proposed will consist of 2 ground mounted sign lights. Sewer: This project will require an additional 190 gpd of sewer allocation The $2.50 per gallon fee would have to be paid prior to permit. Traffic: The parcel is located within the limits of the Willis- ton Road Improvement Fund (Area 1). The applicant will be re- quired to contribute $624 to the fund based on an additional 5 peak hour trip ends to be generated. Other: The plans incorporate the revisions requested by Bill Szymanski except for closing an existing curb cut which was found to not be along the applicant's frontage. 5) L&M PARTNERSHIP/MARIE UNDERWOOD - 2 LOT SUBDIVISION This proposal consists of the subdivision of a 127.39 acre parcel into two (2) lots. Lot A, being the northerly half of the lot and consisting of 66.69 acres, is to be retained by L&M Partner- ship. Lot B, being the southerly half of the lot and consisting of 60.7 1:tcres, is to be retained by Marie Underwood. Separating lots A and B is a proposed 80 foot r.o.w. which would serve as an extension of Deerfield Drive. Sketch plan was reviewed on Febru- ary 19, 1991 (minutes enclosed). This property is located on the easterly side of Spear Street in the vicinity of Deerfield Drive and to the south and east of the IBIS property. This property is bounded on the north, east and south by developed land and on the west by 5 single-family dwell- ings and Spear Street. This property is located in the R1 and R2 Districts and an inter- im zoning district adopted by the City Council in April, 1989 which has a minimum lot size of 10 acres. Since this subdivision meets minimum lot size requirements, approval is not required by City Council. 3 Memorandum - Planning April 16, 1991 agenda items April 12, 1991 Page 4 Proposed Streets: The Interim Official Map shows two (2) pro- posed streets crossing this property. The preliminary plat shows the proposed extension of Deerfield Drive which is planned to connect with Old Cross Road. It does not show the proposed road which runs in a north -south direction connecting with Allen Road to the south and with Dorset Street to the north-east. It is staff's recommendation that the north -south road (proposed collector) does not need to be shown a this time but should be addressed when further subdivision or development is proposed. The Boyle reports proposed that the east -west roadway be located just north of the existing wooded land in order to not disrupt this wooded area. The applicant's plan shows the east -west road about 200 feet north of the woodland. The proposed road could be adjusted 100 - 200 feet to the south in order to bring this r.o.w. closer to the existing r.o.w. along the south boundary of the Economou property. This would also result in less of a curve on the Economou property. Natural Resources: The Natural Resources Committee (NRC) has identified a portion of the subdivision as a "Sensitive Area". It has also identified a "Vista" on the northerly portion of the property. This vista is 180 degrees and looks towards the east. There also appears to be a wetland on the site. The NRC will be asked to review these plans and submit comments prior to Final Plat. Parkland: Enclosed is an opinion (confidential) from City Attor- ney, Steve Stitzel regarding the proposed park along Spear Street (Parcel B) and how it relates to this application. Other: Recreation paths are proposed to follow along the proposed streets. The size and location of the water main along Spear Street should be shown. 6) CREATIVE CARPENTRY, 3060 WILLISTON ROAD The applicant proposes to use a 600 square foot space within a 15,600 square foot building for retail sales of wooden playground equipment and furniture. The space was formerly used by Hertz Auto Sales. The existing building is a multiple use building. No new construction, paving, etc. is planned. 4 SX9161T A Pgophm> lqdg 4OA4FP. PLAAJ N t 4 woo III EX011SIT a ?LA� s-rrieETS m m me 41f Road 7nutb Al urlingtun } f ire }+1l epttrtmrnt 57 t`vtitli � i uriuigtati, lirrinutit 0-540 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY APRIL 16,1991 AGENDA ITEMS DATE: MONDAY MARCH 18,1991 PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT ON THE NOWLAND PROPERTY SUB -DIVISION AND THE PLAN FOR HAIR FORTE SALON AT 79 PATCHEN ROAD. AT THIS TIME I AM PLEASED TO INFORM YOU THAT I DO NOT SEE A PROBLEM WITH EITHER PROJECTS. TO: Planning Commissio FROM: Natural Resource DATE: 15 April 1991 RE: Nowland Property II The site was walked on 14 April 1991 by Cathy O'Brien and Shelley Snyder. We found several natural resources that need to be identified on the site plans. Areas that need to be added include the following: The swale that trends north -south, draining to the south contains a wetland. We observed four (4) hawks apparently nesting during the site visit. Evidence of other nesting birds was observed. Plenty of evidence of owl habitation was observed. Deer tracks and browsing evidence was observed on a trail adjacent to the east boundary of the lot. The northeast corner of the trees is low lying land and contains wetland vegitation. A man made farm pond occurs in the area. There is a remarkable 3600 vista that has been identified on the Natural Resources Parks and Trails map. The Natural Resources strongly urges the planning commission to consider these natural areas in any future development of this land. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 May 11, 1991 Mr. John Steele Fitzpatrick -Llewellyn Associates One Wentworth Drive Williston, Vermont 05495 Re: 2-Lot Subdivision, Spear Street Dear John: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Please be sure someone is present on Tuesday, May 14, 1991 at 7:30 P.M. to represent our request. Serely, e Weith, ity Planner Encls JW/mcp cc: Marie Underwood Gerry Milot John Larkin M E M O R A N D U M To: South Burlington Planning Commission From: Joe Weith, City Planner Re: May 14, 1991 agenda items Date: May 10, 1991 3) D&M PARTNERSHIP/MARIE UNDERWOOD = Z LOT SUBDIVISION This is a continuation of the public hearing held on April 16, 1991 (minutes not available). At this meeting the Planning Commission determined that all planned streets, recreation paths and parkland should be shown on the subdivision plat. Enclosed is a copy of a letter which was sent to the applicant informing them of the Planning Commission's decision. The applicant has decided not to revise the plan and therefore continue with the existing plan (enclosed). Also enclosed are staff memo's from the previous meeting. 4) BANQUET FACILITY. LEE ZACHARY This application was first heard on 4/2/91 (minutes enclosed) and continued to this meeting. Enclosed is a letter dated 4/3/91 which was sent to the applicant and which outlines the concerns of the Commission expressed at the meeting. The concerns includ- ed the following: 1. Coverage requirements not met. 2. Unsafe access to White Street. 3. Signage to direct people to banquet facility. 4. Not in compliance with the traffic overlay zone. At the time of writing this memo, I had not received any revised plans from the applicant. The Planning Commission should make a decision on the application next Tuesday as we are approaching the 60 day period in which to make a decision. The 60 day period ends June 1, 1991. I will have both a motion of approval and motion of denial avail- able at Tuesday's meeting. 1 PLANNER 658-7955 City of South Burlington 575 DORSEISTREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 16, 1991 at 7:30 P.M. to consider the following: Preliminary Plat application of L & M Partnership for subdivision of 127.39 acres of land into two (2) parcels of 66.69 acres and 60.70 acres, Spear Street. The parcel is bounded by M. Dencker, B. Farrell, I. Isham, Economou Farms, Inc., J. Scanlon, R. Uns- worth, W. Ready, Ibis Corporation, J.'Chin, H. Gagnon, D. Mere- dith, A. Atkins, M. Underwood and Spear Street. Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission March 30, 1991 A-r r r Ul%- - J = f &op,j -r/ �j <-)F,7 511 -�/- TO: Planning Commissi FROM: Natural Resourc DATE: 15 April 1991 RE: Nowland Property II The site was walked on 14 April 1991 by Cathy O'Brien and Shelley Snyder. We found several natural resources that need to be identified on the site plans. Areas that need to be added include the following: The swale that trends north -south, draining to the south contains a wetland. We observed four (4) hawks apparently nesting during the site visit. Evidence of other nesting birds was observed. Plenty of evidence of owl habitation was observed. Deer tracks and browsing evidence was observed on a trail adjacent to the east boundary of the lot. The northeast corner of the trees is low lying land and contains wetland vegetation. A man made farm pond occurs in the area. There is a remarkable 3600 vista that has been identified on the Natural Resources Parks and Trails map. The Natural Resources strongly urges the planning commission to consider these natural areas in any future development of this land. TO: Planning Commissio FROM: Natural Resource DATE: 15 April 1991 RE: Nowland Property II The site was walked on 14 April 1991 by Cathy O'Brien and Shelley Snyder. We found several natural resources that need to be identified on the site plans. Areas that need to be added include the following: The swale that trends north -south, draining to the south contains a wetland. We observed four (4) hawks apparently nesting during the site visit. Evidence of other nesting birds was observed. Plenty of evidence of owl habitation was observed. Deer tracks and browsing evidence was observed on a trail adjacent to the east boundary of the lot. The northeast corner of the trees is low lying land and contains wetland vegitation. A man made farm pond occurs in the area. There is a remarkable 3600 vista that has been identified on the Natural Resources Parks and Trails map. The Natural Resources strongly urges the planning commission to consider these natural areas in any future development of this land. N/F REA D Y A- 8= N 26 0 53' 30' E 539.49' S26'5330" W 1031.94' 52'2226 " E ? 12. 80' S 83"39'29" E Io o I S 61 '3855 " E 0.35' I � 4 i W I I 4 48.86' S P E AR�S T R E E T 27.47' Uj 80 R.O.W. S 260 56' 48" W , 19.56 � � 4 0.0 4' ..1 Ac, rZ S 26'S6'48" W S 61 38 5; S �--- . 4 448. 7 0' RR E V &CA BL-E--4{ „ , S 2704026 DEDIC4YION TO THE t -S 26 56 48 W � �� 149. 75' CITY OF SOUTH BURLINGTONklif h r 40.04 ji G� -}� S 26 58'12 W S 61 04337" -! 67. 77' i '� ZS 2605946'W S 27'13'14 W 199. 76' S 26053 40 W 150.01 61 lwoD S 650 27'46'E B 206.78 214.53' N 6502746" W 358.20' S 65'27'46" E 359. 88' 28012'31 " W 199.73' A= /80 07' l7" R = 960.00' T n r ' i zi SST : • „ S p NoeT� Sao o goo t000 � JJf�^��/,��•l,�L 12D>bl� Gi ��.y�.1 lam. 10� ��i�� -t -ro s� c�uat� 01��( oFF1GibL G IT`( OF Cr1-t'i-� PjUieI�INGiCpN �'( Ci t zzA. tx� ��dloO�i p *JOUJLf44jv rue De-e'FIr-'Lt) ve &T — — — �T�1�l�iL p21�►b ,�.LT�t�f-1,�•jlVr�,� 4 0 0 *too** a 0 _ _ _ _ _ _ �-l>1°Gcii✓t� ,�•�121,b,L 1e01�-I�/D�IG�L J�(,tS.p woobLOj� IUc�t.uer�G �.lAZ'r�!✓ ��u� •to �� Gd�.��v�b I� � � Quaa.r� �f�nY %,+�,,,,,,....�.� y,��Jo:z- r2cl��- pc.rTGt�•ops -�-- • -''� tins.-�� I�. crGu IDS !; .JoaP� t,.4o. o�!£� r- �lj�t��jP—tGiG..-Ll.�c/�t,l,`�t� 1 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 April 12, 1991 Mr. John Steele Fitzpatrick -Llewellyn Associates One Wentworth Drive Williston, Vermont 05495 Re: 2-Lot Subdivision, Spear Street Dear John: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are chief Goddette's comments. Please be sure someone is present on Tuesday, April 16, 1991 at 7:30 P.M. to represent your request. Sincerely, �� e oe Weith, t4 City Planner Encls JW/mcp cc: Marie Underwood Gerry Milot John Larkin 0 PLANNING COMMISSION 19 FEBRUARY 1991. page 6 Mr. Milot said they would probably extend water lines but not down Dorset Street. The sewer would be force main gravity to Dorset Park development. Mr. Craig felt the plan was a big improvement. It overcomes the leapfrog problem. He said he would have to think about the TDR aspects. Mrs. Maher said she wasn't prepared to give a definitive answer, but she thought it sounded good. She was concerned with TDR's. Ms. Peacock was very uncomfortable since rezoning is going on, but she said she has always wanted a place for people who want larger lots and this plan addresses that concern. Mr. Sheahan agreed. Mrs. Maher had no problem with the plan but wanted to know what the city would have to give to get it. Mr. Milot said that will be under the Commission's control. Ms. Pugh said she liked the direction the plan is going in. Mr. Craig wanted to think more on the numbers. Ms. Peacock wanted input from the Water Department. Mr. Bolduc asked about the financial burden on residents who would have to hook onto the sewer line or water line. Mr. Burgess said the Commission would look into that. Mr. Scott said he supported the concept. He asked about trees since the area is now an open field. Mr. Milot said a condition of sale on a lot would be that the purchaser would have to plant a certain number of trees. He added that the plan will incude an easement for the Recreation Path. Mr. Milot estimated the lots would range in the $100,000 pricing. He would sell the land and let people build their own homes. 7. Sketch plan application of L & M Partnership and Marie Under- wood for subdivision of 127.9 acres into two (2) parcels of 60.7 and 66.69 acres, Spear Street: Mr. Milot said he had purchased 1/2 the property from Mrs. Under - wood's sister and now wants to divide the property. There will be an agreement that both parcels will be considered with any sub- division proposal and that it will be considered a major sub- division. PLANNING COMMISSION 19 FEBRUARY 1991 page 7 Mr. Weith raised the issue of 15% of the land for park use and whether it can be required at this time. The City Attorney is researching this. Mrs. Maher felt it may be in the city's in- terest to look at the piece as.a whole for the 15%. Mr. Burgess said the Commission should reserve the right to make the decision on that. Mr. Craig asked if the right-of-way for the road is in the right place. Mr. Weith said it is. The Natural Resources Committee will review the plans as there may be some sensitive areas. As there was no further business to come before the Commission, the meeting adjourned at 10:20 pm. ------------------- Clerk....~.._._....-._._.....__..�._..�...._._._._._._ M E M O R A N D U M To: Project File From: William J. Szymanski, City Engineer Re: Preliminary Comments - April 16, 1991 agenda Date: March 21, 1991 NOWLAND PROPERTY, SPEAR STREET 1. All interested parties should be aware of the Terry Boyle study of the area and further development should conform with this study. The extension of Deerfield Road as shown does con- form with this study. 2. Plan titled "Nowland Property II" dated July, 1990, prepared by Fitzpatrick -Llewellyn is acceptable. i HAIR FORTE SALON. PATCHEN ROAD 1. There exists a curb cut along the north side of the property. This curb cut shall be closed by removing the depressed curb and pouring a new concrete barrier curb. 2. The new curb opening shall be 40 feet of depressed curb. This will allow for 10 foot flairs along each side for an im- proved turning radius. 3. A drop inlet should be provided in the parking lot and piped to the inlet along Patchen Road just south of the lot line. 4. A contract has been let for the improvement of Patchen Road. This contract will include a sidewalk along the frontage of this property. The curb work and drainage work should be coordinated with this contractor who is Munson Earth Moving of South Burling- ton. N 64"54'48" W 2.\29' N S 61n855� E A-B•N26"53'30'E \ 539. 49' � Y 0 O 1 � W I 0 4a.8s' 1031.94' D ,. N/F ��S 8272'26"-E READY �� 212.80' i. __71 RO.W;►<I�L ,� tA „ S 833929" E �'�----- _w= " S 2y°56-48" W -2448 _,� _-_ IRRE.VOL`ABLE 10' OFFER OF — ------ - ----DEDICATION TO THE S 263648'W,' CIT,Y,-OF--SO4LT---H-'- _--_ _-40.04' r• BURE INGTON �' �' S 26 58'12" W - I 61.77' 1\`"""� j S 26°53'40"W 7 S $5° 27'46"E EXISTING C - D • N 27' 47' 57" E - CULVERr 412.07' rrYP1 C D 'W-63 04= z �> 0 J I \�S 6138"55" E 2745'59" W ' 1 99.82' ZS 26°59'46"W S 27'13'14" W_.�' 199.76' 206 78' - 361.57' j r • 60.70 acres _\ `- J M UNDERWOOD- .. d = lB" 07'17" ---- --� '� �R- 1040.00' Y UD T=165.85' D oY� 1 L= 328.93' w� _ TOTAL AREA= �m�-- ` \ `_• �- SB_9335'03'E 'PROAOS�•D LOT - �\ LINE -- EXISTING -' TREE uNE / i / . i i S 83 JS'03" f \---, rr✓P1 ' i 1010.93 NIF 2 EXISTING H✓DRANT rTYPI EXISTING UTILITY POLE rr✓PI n ci 2 m z In N/F DENCKER N/F FARRELL of. el. 214.63 N 65°27'46" W - AD _--� 1 S 2872 31 " W P iI-"/ / \ _ ` Z -- - 358.20,- 199.73' ---- �w �S 6359.88, E N l- 4= 1B°07'17" _'"- �\ -- R- 960.00'.--_ 153.09*-L 9 M PARTNERSHIP L- 1000' ----------__----,------,_ T. 159.47' 127.39 A RES 66.69 acres N 83,--35'03" W -� ' I0/0.93' AREA TO BE DEDICATED TO THE CITY OF SOUTH BURLINGTON ' 54 AERES �'o 8/5� UNSWORTH J_AREA TO BE O♦iD/GATED T THE — FROM 67, 770 SO. FT. 1.55 14CRE5 M \1_�_ %N 093153E 99,4T 67"E ` N 40.00�114.63'p6°ZA I l / N/F SCANLON ? 3S91 ADD EXISTING FEATURES SLM 4 2•S 9I REMOVE 3ACRE LOT SLIM .__ _.... ADD R.O.W. LINES, ADD . ..-. 3 I2 2090 NOTES, MOVE NOTES, ADD TPB OETAAL REVISE PROP LINE _ ++� O• l l • 90 REMOVED LOT LINES, LOT A I DM✓ / 7.3I.90 REVISED SO'R.O.W. I} M-✓B BY' FROM CC 67, I97 SQ.' 1. rl PROPOSED DEERFIELD ROAD '�'ISHAM - EXTENSION RIGHT-OF-WAY CENTERLINE r•=�- 80' LOCUS NOTES: 1. OWNER/AP PI.I CANT: L • M PARTNERSHIP MAN LA UNDERWOOD C/O LARKIN REALTY 410 SHELBURNE ROAD SOUTH BURLINGTON, VERMONT 05403 2. TUTAL PARCEL AREA: 127.39 ACRES NIF �56 5 ECONOMOU FARMS, INC. N0 FUTURE AREA SCALE I" ° 200' TO BE DEDICATED TO THE 400 200 O CITY OF SOUTH BURLINGTON_- 134 967 S0. FT. 3.04 ACRES — LEGEND --------- PERIMETER PROPERTY LINE ---------- OTHER PROPERTY LINE ---------- PROPOSED LOT LINE -- --- - - - - - - - PROPOSED CENTERLINE OF ROADWAY ----------------- R.O.W. / EASEMENT LINE o IRON PIN FOUND o CONCRETE MONUMENT FOUND • CALCULATED INTERSECTION O FENCE POST CORNER FOUND • IRON P/N TO BE SET • CONCRETE MONUMENT TO BE SET _ -7 Lk'''V EL MAR 1 1 1991 City of So. Burlington PLANNER 658-7955 City of South Burlington 575 DORSET�STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION ZONING ADMINISTRATOR 658-7958 The South Burlington Planning Commission will hold a public hearing at the South Burlington City Hall, Conference Room, 575 Dorset Street, South Burlington, Vermont on Tuesday, April 16, 1991 at 7:30 P.M. to consider the following: Preliminary Plat application of L & M Partnership for subdivision of 127.39 acres of land into two (2) parcels of 66.69 acres and 60.70 acres, Spear Street. The parcel is bounded by M. Dencker, B. Farrell, I. Isham, Economou Farms, Inc., J. Scanlon, R. Uns- worth, W. Ready, Ibis Corporation, J. Chin, H. Gagnon, D. Mere- dith, A. Atkins, M. Underwood and Spear Street. MIMI Copies of the application are available for public inspection at the South Burlington City Hall. William Burgess Chairman, South Burlington Planning Commission March 30, 1991 CITY Ol.-' SOU-111 BUItJANCPUN SUbdivision Application - MLIMINARY PLM 1) Name of Applicant: L & M Partnership, 410 Shelburne Rd., South Burlington 864-7444 2) Name of SUbdivis.ion Nowland Property II 3) Submit Sulxlivision I'ee. $60.00 4) Describe Subdivision (i.e. total acreii9e, number of lots or units, type of land use, dross floor area for c(Nruvx:,rcial or industrial uses) : Subdivide 127.39 acre parcel east of Spear Street across from Deerfield Rd' into parcels A (66.69 acres retained by L & M Partnership) and parcel B (60.70 acres retained by M. Underwood). No further subdivision or improvements at this time. 5) Indicate any changes to n-une, address, or phone number of owner of: reeorcl, applicant, or contact person since sketch plan application: 6) Mine, address, zinc] phone nLM)er of: a. Engineer FitzPatrick-Llewellyn Incorporated, One Wentworth Dr., Williston, Vermont 05495 878-3000 b: Surveyor Gary H. Coe, FitzPatrick-Llewellyn Incorporated C. Attorrcy d. Plat Designer FitzPatrick-Llewellyn Incorporated 7) Indicate any changes to the sulxlivision such as number of lots or units, property lines, cihplicant's legal interest in the property, etc., since sketch plan application: No charge since sketch plan review on February 19, 1991 r 8) Gist nanK,s and mkiiling addresses of owners off record of': all contiguous prolx.-rties: See attached sheet 9) State title, drawing nL1fl1b Y', date of original. plL"s any r.eviSions, and designer(s) of 'the preliminary mal)(s) accompanying this application: No prior plans 10) COST 1?3'l'JWVJ'1..S for.,. Planned Unit Develolvtients,niulti-f,.unily projects, and cx mmer.ci,:il. and ind=' tri.zi1 conghlexes: (Cl) Buildings N/A (b) Landscaping N/A (c) All Other Site Improvements (e.g., curb work) N/A '1'k/1['1'SC for. Planned Unit Deve.l.opnKents, multi-fwnily project,, and commercial and industr.ia.1 c)mplexes (2-way traffic, in plus out) : A.M. Peak hour N/A P.M. peak hour N/A Average daily traffic N/A d of trucks N/A d* 12) Attach four col:)ic : of a preliminary nkip showing t)le following inforiiation: 1) Prolx3sed subdivision nairK.-- or identifying. title and the naim, of the city. 2) Name and address of owner of record subdivider and designer of Prelim- inary Plat. 3) NUIWA-r of acres within the proposed subdivision, location of property liner:, structures, watercourses, wooded areas,and other essential exist- ing physical features. ' -2- 4) 7'he n-ul►cs of z1.11 s1.I1xlivisi0ns inunedl.ately adjacent and the names of o4jners of r.c:rcord of adjacent acreage. 5) 'i'hc location and size of any existing sewers and water mains, culverts and drainson this property or serving the property to be-ulxlivi(ed. G) location, rv.tllles And widths of existing and proposed street!;, private ways, sidewl-Ilks, curb cuts, paths, Qaseirr_nts, parks and other public or privately Ilrtint,ained open sikices as well as similar facts regarding adjacent property. 7) Contour lines at intervals of five feet, bast-d on United States a-�olog- ical Survey datum Of existing grades and also of proposed finished grades where change of existing ground elev41tion will be five feint or none. Ei) Complete sM.'Voy of. sul)c.livi.;iOn tract: by a licensed land surveyor. 9) Nui)erical and graphic stale, date and true north arrow. 10) Details of prolx:)s,ed connection with existing water supply or alternative means of providing water Srlpf).ly to the prOL)OSed SutxiiviSion. 11) Details of prol70::ed connection with the existing sanitary sewage disposal system or aducluC:ite ptovision`; for on -Site- disposal of septic wastes. 12) If on -site sewage disposal sys teen is proposed location and results of tes to asct:.r. fain subsurface soil, rcx..,k and ground water conditions, depth to ground Witer unless pit:, aredr.y at depth of five feet; location and i re_.ult:, of [.)Qrcolatiorr tests. 13) Provision: for collecting and discharying 'storm drainage in the form of drainage plan. 14) Preliminary designs of any•br.id(jus Or culverts which itoy be required. 15) The locatior) of temporary jiorkers adequaLel to enable the Cor►unission to locate readily and appraise the basic layout in the field. Unless an existing street intersection isi show,,, the distance along a street from one corner of the property to the nearest existing street intersection Sliall be shown. 1(,) All L..vircel:, of .land hr.-)lx,S(.xl to be dedicated or r.euer.ved for public use and the condition:, of :cuch dedication or reservation. 13) LX!veloh,nental tinL-Loble (inC-ludin(j nw(dx.'.r of l:)haseS, and start and conjAction dates) 66.69 acre parcel A to be retained by L & M Partnership and developed under PUD guideline. No specific development timetabel at this time. 14) Li::t the waivers applicant desires from the requiren►ents of these regulations: No waivers 15) Attach a vicinity iiop showing the following: 1) All existing SUI.Aividlons, approximate tract lines and acreage of adjacent Lkircels, together witl► Lhe naine, of the record owners of all adjacent parcels of land, naiWly, tl►ose directly abutting or directly across any street adjoining the prc)lxasecl sulxlivision. 2) Lrxations, widths and name:., of existing, filed or proposed streets, curb cuts, easementL;, building lines and alleys lxrtaining to the proposed sub= division and to the l►djac ont properties as designated in paragraph 1 above. 3) An outline of: the platted area together with its street system and an indication of the future probable street System of the remaining portion of the tract, if the Preliminary Plat submitted covers only part of the subdivider's entire IYAding. applicant or c'-MLacL lx r. on John A. Steele March 11, 1991 da to 8.) List of contiguous property owners: 1. Dencker, Margreta D. 1430 Spear Street, South Burlington 2. Farrell, Brent H. 1350 Spear Street, South Burlington. 3. Isham, Ila M. 1225 Spear Street, South Burlington 4. Economu Farms Inc., Dean Economu, Notch Brook Rd. Stowe, Vermont 05672 5. Scanlon, June D. Box 243 Gripper Hill Rd., Vestal, New York 13850 6. Unsworth, Raymond R. 1700 Spear Street, South Burlington 7. Ready, William J. 1680 Spear Street, South Burlington 8. Ibis Corp, Frederick T. Molton, 131 Elden Street, Suite 200, Herdon, Virginia 22070 9. Chin, Jen Fu 1560 Spear Street, South Burlington 10. Gagnon, Helen N. 1520 Spear Street, South Burlington 11. Meredith, Douglas L. 1500 Spear Street, South Burlington 12. Atkins, Amy M. 1460 Spear Street, South Burlington 13. Underwood, Marie 1589 Spear Street, South Burlington M E M O R A N D U M To: Project Files From: Joe Weith, City Planner Re: Preliminary Comments, April 16, 1991 Agenda items Date: March 19, 199i LAIDMAN HAIR SALON, 79 PATCHEN ROAD Plan should show either a 5 foot green area between parking area and property line for snow storage or an indication on the plan where snow storage will take place. A variance to exceed front yard coverage limits must be obtained. A seven (7) foot gravel projection into the green space behind parking space #8 should be made to allow for additional maneuvering space. L&M PARTNERSHIP/MARIE UNDERWOOD - 2 LOT SUBDIVISION City Attorney Steve Stitzel is being consulted as to whether this subdivision should be treated as a minor or major subdivi- sion and whether the Planning Commission can ask that the pro- posed parkland can be set aside as part of this application. The IBIS subdivision should be properly shown. Additional information required: The location and size of any existing sewers and water mains, culvert and drains on the property or serving the property. Details of proposed connection with existing water supply and sewage disposal system if you are proposing to connect. The location of temporary markers adequate to enable the Commission to locate readily and appraise the basic layout in the field (Section 203.1((15)). It would be very helpful if you would stake the centerline of the proposed r.o.w. prior to Pre- liminary Plat. This was raised in my memo dated February 15, 1991. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT05403 FAX 658-4748 PLANNER 658-7955 March 22, 1991 L & M Partnership 410 Shelburne Road South Burlington, Vermont 05403 Re: 2-Lot Subdivision, Spear Street Dear Sir/Madame: ZONING ADMINISTRATOR 658-7958 Enclosed, please find a copy of some preliminary comments on the above referenced project from City Engineer Bill Szymanski, Fire Chief Goddette and myself. Plans incorporating any additional information should be submitted by March 27th. If you have any questions, please feel free to give me a call. Sincerely, 1 Joe Weith, -0A City Planner Encls JW/mcp cc: Marie Underwood John Steele 5uutb N uritugtou N ire +19 epartmut f 575 �ur�e# street ``° Stith ar�urfittr� ;-,�. Vermont 034!i f (802) 658-7960 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY APRIL 16,1991 AGENDA ITEMS DATE: MONDAY MARCH 18,1991 PLANS HAVE BEEN REVIEWED BY THE FIRE DEPARTMENT ON THE NOWLAND PROPERTY SUB -DIVISION AND THE PLAN FOR HAIR FORTE SALON AT 79 PATCHEN ROAD. AT THIS TIME I AM PLEASED TO INFORM YOU THAT I DO NOT SEE A PROBLEM WITH EITHER PROJECTS. Flq-ee-b ( Q(Yqjq 5-(Y/�v Ae(lll City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 March 22, 1991 L & M Partnership 410 Shelburne Road South Burlington, Vermont 05403 Re: 2 Lot Subdivision, Spear Street Dear Sir/Madame: ZONING ADMINISTRATOR 658-7958 Enclosed, please find a copy of the February 19, 1991 Planning Commissiqn meeting minutes. Please give me a call if you have any questions. Sincerely, Joe Weith, City Planner 1 Encl JW/mcp cc: Marie Underwood CITY OV S(AJ1'11 BURIJ.NG'IUN Subdivision Application - SKI:"1C.11 PLAN 1) Name, address, and phone nrul>1xr of: a. Owner of record L & M Partnership, 410 Shelburne Road, S. Burlington Marie Underwood, 1589 Spear Street S. Burlingtoq b. Applicant L & M Partnership Marie Underwood c. Conuict per -,;on John Steele ^ _ FitzPatrick-LleweUyn-IncorporaleA--___—_ One Wentworth Drive 878-3000 Williston, Vermont 05495 2) Purpose, location, zinc] nature of SAILdivision or development, including rluml:X?r of tots, units, or fJarcels and profx)sed usu (s) . 3 Lot subdivision east side of SD,earStreet,_pppQsite D_e rfie.ld—Drive. _i) Applicant's legal .inter.est in the p oper. t.y (Cc:o siinp.Le, option, etc) Fee Si mole 4) Narnes of: owners of record of c:1.11. contiyuuus f)r.01x r. ties Dencker. Farrell ____ Economu Farms Inc., Scanlon. Unsworth,_Ready ____^_____.______�__.___.___________. �)) TYpe of existing or proLX)sud (A1CLU1bJ,A11C:QS 011 1JCOLAx rty SUCK aS C`a`iellk'nt:�, covenants, leases, rights of way, et.c . None J 6) Propused extension, rel(x-aL,on, uI nrxli l: ication of municipal iacil l Lie,c such as saniLary s(-,wer, w.. h.-t' :;tipp.ly, streets, storm dr;tinZlfyu, etc. None at the time 7) Describe any previous actions taken by the 'honing Ucklyd of Adjustment or by the South Burlington Planning Wmnission which affect the proposed sub- division, and include the dates of such actions: -_ None _ - --- 8) SULAIlit hour copies of a sketch showing the hollowing inforItLition: 1.) Name of owners of record Of corltigcicnl; l,rr�lx I Lies. 2) Lioundaries and area of: (a) all (x)ntiguuu_, land L&A.ongin(l to owner of record and (b) proposed subdivision. 3) Existing and proposed layout of prgxrrty li.n(�_,; type 'Ind I.dx,-0ti()*n of existincl and proposed restrictions on Lind, :,u(h ,I:, (m--;ement,; ,.Inca wve- nants. 4) 'lYjx ol', location, and approximate :;1z(' ol: exist:lll(l 'md protx)sed streets, utilities, and open sfxtce. 5) Date, true north arrow and scale (nunK.-I,W 11. ..Intl (.11111phic) . 6) Location itop, showing relation of I,r(�Ix)s(_Ni sulxiivi:,icm to adjacent property and surrounding area. ----_ 2�5 �/ h� � C�-�-c n.,.=.�.,.� � . � ur� l,JU-�.� � �7 tr..`i a•�. Z - � u � S �j 1, �- �"/ �itcr �� Wes--.. /�_ � � � � � '1 �y �- %� S' u rc i caz. 4 0 -� Memorandum - February 14, February 15, Page 6 Planning 1991 agenda items 1991 Boundary information should be provided for the O'Brien property located on the easterly side of Dorset Street. Is this parcel owned by O'Brien or MBL Associates? Applicant should consider reserving a r.o.w. for future street connection to the north (Lang property). There is a minor stream which crosses the westerly parcel in a north -south direction. It crosses through 2 lots and follows the boundary of several others. A 100 foot undisturbed buffer zone is proposed along the rear of lots 3-10. The Natural Resources Committee reviewed these plans at their February 14th meeting. Their main concern was storm drainage and suggested that a retention basin be used to reduce the amount of pollutants entering the ponds and streams. Prior to preliminary plat, the applicant should stake out the center line of the proposed streets. The developer should specify who will retain ownership of the open space land, whether it will be a home owners' association or the developer. If the developer will retain ownership, does he plan any further development. The existing streams on the property should be shown along with the CO District. The Planning Commission should con- sider whether they would prefer to see the CO District within the lots or have a green strip running along the stream which would be part of the open space. The CO Dis- trict for the watercourse serving the ponds should also be shown. The Commission should review the PUD criteria (Section 19.15 of zoning regulations). 6) L&M PARTNERSHIP/UNDERWOOD. 2 LOT SUBDIVISION. SKETCH PLAN The proposal consists of the subdivision of a 127.39 acre parcel into two (2) lots. Lot A, being the northerly half of the lot and consisting of 66.69 acres, is to be retained by L&M Partner - A Memorandum - February 19, February 15, Page 7 Planning 1991 agenda items 1991 ship. Lot B, being the southerly half of the lot and consisting of 60.7 acres, is to be retained by Marie Underwood. Separating lots A and B is a proposed 80 r.o.w. which would serve as an extension of Deerfield Drive. This property is located on the easterly side of Spear Street in the vicinity of Deerfield Drive and to the south and east of the IBIS property. This property is bounded on the north, east and south by open underdeveloped land and on the west by 5 single- family dwellings and Spear Street. This property is located in the R2 District and an interim zoning district adopted by the City Council in April, 1989 which has a minimum lot size of 10 acres. Since this subdivision meets minimum lot size requirements, approval is not required by City Council. Park: The interim Official Maps shows a proposed park at the southerly end of the property adjacent to Spear Street. Our calculations indicate that approximately 17 acres of the proposed park will be within this subdivision. It is located at the southwest corner of the property within lot B. Section 411 of the subdivision regulations allows the Planning Commission to require dedication of up to 15% of the subdivision for recreation purposes which in this case is 19.1 acres. Proposed Streets: This interim Official Map shows two (2) pro- posed streets crossing this property. The sketch plan shows the proposed extension of Deerfield Drive which is planned to connect with Old Cross Road. It does not show the proposed road which runs in a north -south direction connecting with Allen Road to the south and with Dorset Street to the north-east. The applicant should stake out the center line of the proposed r.o.w's prior to final plat. Natural Resources: The Natural Resources Committee (NRC) has identified a portion of the subdivision as a "Sensitive Area". It has also identified a "Vista" on the northerly portion of the property. This vista is 180 degrees and looks towards the east. The NRC will be asked to review these plans and submit comments prior to Final Plat. Other: Recreation paths are proposed to follow along the pro- posed streets referred to above. The IBIS subdivision should be shown. Wetlands: There appears to be a wetland on the site. 7 J � i�i � �.► iSr�ilYl�fII trl` Department 575 +43 ors et street �'11utIT Nurjington. 11erinutit 0540 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY FEBRUARY 19,1991 AGENDA ITEMS IIJ:GIi0 1. FRIDAY JANUARY 251,1991 RAMSEY FARM PROJECT # 90060 DORSET STREET (802) 658-7960 Sketch Plans have been reviewed by this department on the ramsey farm sketch plan. the only problem I see on this project is a water supply and hydrant system is required for fire protection. 2. NOWLAND PROPERTY II PROJECT #89098 SPEAR STREET Plans have been reviewed by this department on the Nowland Property project and at this time I do not see at this time for our department. City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 February 15, 1991 Mr. Gerald Milot 925 AIA Hillsboro, Florida 33062 Re: 2-lot subdivision, Spear Street. Dear Mr. Milot: ZONING ADMINISTRATOR 658-7958 Enclosed is the agenda for next Tuesday's Planning Commission meeting and my comments to the Planning Commission. Also en- closed are Bill Szymanski's and Chief Goddette's comments. Please be sure someone is present on Tuesday, February 19, 1991 at 7:30 P.M. to represent your request. ere,ly, I �_Q oe Weith, City Planner Encls JW/mcp cc: John Larkin John Steele Marie Underwood 'A � i �° � .'.. .. 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'. ; Y• t:' ` pa Z4 lee 0,0 C:I']'Y OI,' ;;c1t11'II BUMANC ION 5ubdiv:is.ion Applieatiorl - SKOIC:II VLAN 1) Nan>L, address, and phone nl.unlxar of: a. Owner of record L & M Partnership, 410 Shelburne Road, South Burlington, 'VT n54n3 get _7t y4 Marie Underwood 1589 :.SSar Street, South Burlington, VT- 054'013 '962-66 4 b. Applicant __ L & M_Partnership __-__ Marie Underwood_.__-- c. Contact p r:,on John Steele-----.- Inrn,porated One Wentworth Drive. Williston. Vermont 05495 2) Purpose, I(x aL.ion, rune! MAL11C, of :.ul-d iviS ion or developme-nt, including F)UllllJCr: of LOtS, llnit:S, OC' IJarC('1S L11.1d L)rOL)OS('(1 W;Q(S) . 2 Lot subdivision east side of Spear Steet;_ QpWite Deerfield Drive. Note: Revisionswere made in res,pQp�e_-t-o tb.e:-Cit-y-_Planner;' J4nuary 3,1991___-__ memorandum 3) Applicant'�3 .Lo(ja.l int.��re�t in the I,r(,Ix.117t:.y (fc.o .,ilnl_).Le, option, etc) -Fee Simple_----- --__----- ------ 4) Na lle:� of owners (.) record oL .Al conti(IUOUS I)WJ) U.r: ties Dencker, Farrelli_ _ Economu Farms Inca Scanlon,_Unsworth,_ Ready______ IYCn' of existulcl or. 1)rutx)se(i (:rl(:cu1J)l.uu:Qti ur► L)r:Otx.�rey suet as Uc-lsenK-Nnt:�, covenants, right:_; of way, et.C. ----------_ __--------__. -- __.-- None<� G) Propused extension, rel_ %,t tull, ul lux-lifiCatlon of ,lllunlcipal 1:11Clll.tio-s- SUCh i.IS S:ialliWry ;t'Wllr, wat.t.rt :itippl.y, ,Areuts, S;turlll drainage, t'tC. None at this time 7) Descr. ilx-, any JTcvious act -.ions Laken by the Zoning lick.ird of Nljustllrant or by the South Burlington Planninq winuission which affect the proposed aub division, and include the cl..lt;os of Such Actions: None 8) :;ulAnit tour copies ol: a sketch pLin shuwinq khe Lol.lt..>wing irlLc.�rn� Lion: 1.) Nzulx of owners of record OF C011ti(Ju01aS t.�rtatx rtie:�. 2) Boundaries and area of: (a) all cxlnLitJuou:; Lind I.x4oncjinq Lo owner of record and (la) proposed sulxllvision. 3) Existing and proposed layout of prolx!1' Ly :I_ Lflel;; type al ld I.(,x;ci t iola of existing and proposed restrictions On LLMCI, !Alch l:; I -An J cove- nants. 4) 'IYIx, of, location, and approxlllklLe :;irt:! >I oxi:,(in(l Lind proj:K)sed street::;, utilities, and open space. a) Date, true north arrow and scale (nLlftA'i(',al ,.Intl G) Wcation iup, showing relation ol' I,rolx):Od SLII.Klivi:;l(NI to adjacent property and surrounding area. (S t. I R!I t;ol► CIL-I to l FITZPATRICK-LLEWELLYN INCf �-"PRATED Engineering and Planning .Dices One Wentworth Drive WILLISTON, VERMONT 05495 (802) 878-3000 TO U✓7'v ILIE'MA wumusnou-nu. r WE ARE SENDING YOU ❑ Attached ❑ Under separate coverviathe following items: ❑ Shop drawings ❑ Prints *'Pans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order 955 .► _� � 05 KAMM THESE ARE TRANSMITTED as checked below: ❑Zor r approval El Approved as submitted (�Xyour use ElApproved as noted Q As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY PRODUCT 240-1 Inc., Ginty, Min 0147L SIGNED: If enclosures are not as noted, kindly notify us City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 FAX 658-4748 PLANNER 658-7955 January 25, 1991 L & M Partnership 410 Shelburne Road South Burlington, Vermont 05403 Re: 3-Lot Subdivision, Spear Street Dear Sir/Madame: ZONING ADMINISTRATOR 658-7958 Enclosed, please find a copy of some preliminary comments on the above referenced project. from City Engineer Bill Szymanski, Fire Chief Jim Goddette and myself. Any additional information re- quired should be submitted at least one (1) week prior to the February 19th meeting. Should you have any questions, please feel free to contact me. erely Ye Weith, City Planner Encls JW/mcp cc: Marie Underwood John Steele E Memoranum - Project File January 23, 1991 Pave 2 L & M PARTNERSHIP. NOWLAND PROPERTY,. -SKETCH PLAN --- information submitted is adequate for sketch plan review. --- lot. A does not meet minimum lot size requirement of 10 acres (interim zoning). This will require approval by City Coun- c i_1 . --- parts of the subdivision have been determined to be "Sensi- tive Areas" by the South Burlington Natural Resources Com- mittee. --- this subdivision would result in lot C having only 60 feet of frontage on Spear Street., minimum requirement is 170 feet. --- interim official map shows proposed north -South collector st.z etF-t. and proposed 1-ark on lot B. memo9.mcp projectsbill To: Project Files From: William J. _.ymanski, City Engineer Re: February 19, 1991 agenda items Date: January 24, 1991 RAMSEY r4ARM, DORSET STREET 1. On site water should not be allowed. The quality of water is poor. This can be substantiated by residents in that area. 2. Streets should be to City standards including sidewalks, curbs and drainage. The future east -west street should be 32 feet in width, the intersection with Dorset Street should be three lanes in wiet.h. Dorset Street should have provisions for passing lanes. 3. Telephone and power service shall be outside of the street rights -of -way. NOWLAND PROPERTY II. SPEAR STREET Subdividers should be awa-Le of the Boyle plan which also has a north -south street across this property. N 64"54'48'W 2 29' S 6178'S5" f 0.35 S 2r473r W 530.04 v 0 q bl� A- B•N26.53'30'Ei / 539 49' O C-0•N27-47'57'E q B , 4B.B6 .- 412.07' 6 D S 263J'30' w -- S PEA R. S T R E T -�:... -e - .s 2r�rs7' WNIF 6Jo.o4'� 1031.94' READY `S B27226"f212.80' �ROWa 5 8379'29" E - 19.56' w, • 1 - S 26. 56'48" W 40 04' I .: N/F DENCKER P \� S ¢ 4B" W ` L5 6 99- 4' /99.64' IRREVOCABLE OFFER OF— \\ \ '`S 27.4076'W 8'W �' DEDICATION TO THE CITY OF SOUTH 2636* S 2836'OS'W , 40.04' - 149.75' / BURLINGTON S 263892•W i S S T7.15S9" W 6) IJ699.87' 5M 5946•W E 81.7r 1 i L ST77J'U' W - )99. 7' 6 206.78' IsO.Or N 65.27'46" W '` S 2872 Jl' W 3519. 20' 199.75' S 6s• 2106'E • , 36L5r ; I ; S 637r46' E 359. BB' d• 18•07'l7' R- 960. 00' /j\---------- 60.70 UmeJ T • 153.09' L B Al PARTNERSHIP L• 303.63' „ M LNLIERYPOOD d•/B•07.17=-f d• I8•07.17• N R • I040.00' L • 1000' T•163.Bs' T• 139.47' A, , �''\ a4 L•32B.93' L• 316.28' e, = TOTAL AREA' 127.39 ACRES 1 66.69 0cr" U m. B!• 33'O!" W qR£4 TO BE DfOKAT£C TO THE S 83.35'03'f�' 1pO'93 CITY OF SOUTH BURLMGTON 1.0.93' -- FROM (c) 67197 SO. FT • 54 ACRES PROPOSED LOT LINE PROPOSED OEERf/EL0 ROAD - EXTENSION RIGHT-OF-WAY S 83,35'03"E CENIERLM 101093, N/F LAISWORTH • \ �' BO' AREA TO BE DEDICATED TO TW ROW. CITY OF SOUTH BURLINGTON Y' FROM ® 67770 SO, FT Iss ACRESNIF \ 152suy1' E EC ONOMOU FARM, WC \ N6. ' £ 06ZA 40.00N —FFUTU REcpEAREATNE 0 4T 7'E N6.24'5�%71 /3 N 09 Jt"SJ" E 99� ,51"E 4000' 30� ACR50.FT ES Il4.63 /NOr•pA . CA LEGEND — PERIMETER PROPERTY LINE OTHER PROPERTY LINE PROPOSED LOT LINE ----------------- PROPOSED CENR"RLINE OF ROADWAY ---------•••----•— R.O.W. / EASEMENT LINE e IRON PIN FOUND e CONCRETE MONUHENT FOUND CALCULATED INTERSECTION FENCE POST CO9.NER FOUND IRON PIN TO BE SET CONCRETE MONUTAENT TO BE SET N/F FARRELL 41. e1. J_72 t05� _ LOCUS N/F (SHAM FEB 0 8 1991 City of So. Burlington SCALE I"• 200' 400 200 O 200 400_ _ _ 600 BOO 1000 �2IX 1 ikl urlingtnn +f ire Department f 575 Burnet street 4—�,uutb 43urlingtun. Uermunt 115,10 TO: SO. BURLINGTON PLANNING COMMISSION FROM: CHIEF GODDETTE RE: TUESDAY FEBRUARY 19,1991 AGENDA ITEMS DATE: 1. FRIDAY JANUARY 2S,1991 RAMSEY FARM PROJECT # 90060 DORSET STREET 1 L (802)658-7960 Sketch Plans have been reviewed by this department on the ramsey farm sketch plan. the only problem I see on this project is a water supply and hydrant system is required for fire protection. 2. NOWLAND PROPERTY II PROJECT #89098 SPEAR STREET Plans have been reviewed by this department on the Nowland Property project and at this time I do not see at this time for our department. OFFER OF IRREVOCABLE DEDICATION NIUCKER T uw '4 ROAD 3.11 -TUN. v4u2 This document, executed in duplicate, is made by and between JAMES D. SCANLON and DOLORES V. E. SCANLON (hereinafter called "OWNERS") and the CITY OF SOUTH BURLINGTON, VERMONT (hereinafter called "CITY"). WHEREAS, CITY, by and through its Planning Commission, by Motion of Approval dated July 22, 1980, has approved the final plat application of OWNERS for a three (3) lot subdivision off Dorset Street, as depicted on a plan entitled "Subdivision of James and Dolores Scanlon", prepared by Trudell Consulting Engineers, Inc., dated June 30, 1980, and revised August 4, 1980, and WHEREAS, CITY, at thetimeof the execution of this Offer of Irrevocable Dedication, desires to acquire from OWNERS a sixty foot (60') wide strip of land along the northerly boundary of the aforesaid subdivision for future use as a city street. NOW THEREFORE, in consideration of the premises and in further consideration of the sum of ONE ($1.00) DOLLAR and lawful money paid by CITY to OWNERS, and for other good and valuable consideration, it is covenanted and agreed as follows: 1. OWNERS hereby irrevocably dedicate to CITY a sixty foot (60') wide strip of land along the northerly boundary of the aforesaid subdivision as shown on the aforesaid plan for future use as a city street. 2. in conjunction herewith, OWNERS deliver to CITY a warranty deed conveying to CITY a sixty foot (601) wide strip of land along the northerly boundary of the aforesaid subdivision subject to the terms and conditions therein stated. 3. OWNERS agree and understand that the offer of V P & SCHMUCKER i(NEYS AT LAW v ILLISTON ROAD J. BOX 2323 t BURLINGTON. 4MONT 06402 irrevocable decication can be accepted by CITY at any time, and that this document and the aforementioned warranty deed may be held by CITY until its acceptance or rejection by the councilmen of CITY. 4. This Offer of Irrevocable Decication shall run with the land.and shall be binding upon all assigns, grantees, successors and/or heirs of OWNERS.��-- Dated at Binghamton, New York, this �`lday of L� •:� IN THE PRESENCE OF: eel 7ames D. Scanlon " / Dolores V. E. Scanlon STATE OF NEW YORK BROOME COUNTY, SS. At Binghamton, New York, this g,iiday of 1980, personally appeared JAMES D. SCANLON and DOLORES V. E. SCANLON, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Before me, L Notary Public I Received for Record January 13, 1981 at 11:05 a.m. Attes E K