Loading...
HomeMy WebLinkAboutSD-19-27 - Supplemental - 1505 Dorset Street (103) February 21, 2019 Dorset Meadows Associates, LLC c/o Mr. Peter Kahn 44 Park Street Essex Junction, VT 05452   City of South Burlington 595 Dorset Street South Burlington, VT 05403   Report on Title to Real Property Ladies and Gentlemen: This is to certify that we have examined the records identified below and made certain inquiries as described below with respect to the record title to the real property described on Exhibit A attached hereto (the “Property”) in preparing this Report on Title to Real Property (this “Report”). The examination was conducted at the request of Dorset Meadows Associates, LLC in connection with the dedication of roadways and easements to the City of South Burlington in the Project known as Dorset Meadows. In preparing this Report, we have: Examined the land records which are maintained by the City of South Burlington as indexed in the General Index as required by 24 V.S.A. §§ 1153-1154, 1161 and 1163 and as made available to the public (the “Land Records”) with respect to the chain of title to and encumbrances on the Property. Made inquiry of the Zoning Enforcement Officer of the City of South Burlington (the “Zoning Administrator”) and reviewed the contents of the files provided to us by the Zoning Administrator in response to our inquiry with respect to the Property (the “Municipal Records”), but only with respect to the following limited matters which may be disclosed in the Municipal Records (“Municipal Zoning Matters”): The dates of the adoption of zoning ordinances applicable to the Property. The requirement, if any, that a zoning permit, building permit or certificate of occupancy be issued under the zoning ordinances which were disclosed to us pursuant to our inquiry with respect to the Property. Whether any notices of violation with respect to the Property had been issued and were not resolved on the date of our inquiry. Reviewed the Land Records for evidence during the Period of the Search (as defined below) that the Property was a part of a “subdivision,” as that term is defined in §5-902 of the Vermont Health Regulations or in Section 3.02 of the Environmental Protection Rules or as defined in 10 V.S.A. Chap. 64 and the regulations adopted pursuant to such statute, which required the issuance of a State Subdivision Permit and/or was required to have a Public Building Permit or Water Supply and Wastewater Disposal Permit on account of construction of improvements on the Property during the period when such regulatory schemes were in effect. Upon discovery of evidence that one or more of such permits were required, we have made inquiry of and, to the extent available, examined the records as indexed in the office of the Regional Engineer, Agency of Natural Resources Essex Junction Regional Office or applicable municipal records in the event of a delegation of authority to the municipality (the “Regional Engineers’ Records”) with respect to the following limited matters affecting the Property: Whether the Property is now or was required to have a State Subdivision Permit under the former regulations adopted pursuant to 18 V.S.A. § 1218 (repealed 2002) (the “State Subdivision Regulations”). Whether the Property is now or was required to have a Public Building Permit under the former regulations adopted pursuant to 18 V.S.A. § 1302 and § 1305 (repealed 1987) (the “Public Building Regulations”). Whether the Property is now or was required to have a Water Supply and Wastewater Disposal Permit under the former regulations adopted pursuant to 10 V.S.A. Chap. 61 (repealed 2002) (the “Water Supply and Wastewater Regulations”). Whether the property is now or was required to have a Potable Water Supply and Wastewater System Permit under the regulations adopted pursuant to 10 V.S.A. Chap. 64 (adopted 2002) (the “Potable Water Supply and Wastewater System Regulations”). If a permit was required under any of the foregoing, then whether such permit was issued and, if issued, whether the terms of the permit required written certifications or other documents to be filed with the Regional Engineers’ office or the municipality. Whether there are notices of violations in the Regional Engineers’ Records. Reviewed the Land Records and the files maintained by the District Environmental Office (the “District Environmental Office File”) for evidence during the Period of the Search that the Property was a part of a “development,” as that term is defined in 10 V.S.A. § 6001(3), or a “subdivision,” as that term is defined in 10 V.S.A. § 6001(19), subject to the limitation expressed below with respect to development activities outside the boundaries of the town or city where the Land Records are maintained and development activities by any “person,” as that term is defined in 10 V.S.A. § 6001(14), other than the specific persons whose names appear in the chain of title after 1968, with respect to the following limited matters: Whether the Property is now or was required to have a permit pursuant to 10 V.S.A. Chap. 151 (State Land Use and Development Law) (“Act 250”). If an Act 250 permit was required, whether such Act 250 permit was issued. If an Act 250 permit was issued, whether the terms of the permit required written certifications or other documents to be filed with the District Commission. Whether there are notices of violations in the District Environmental Office File. In preparing this Report, we have assumed that the information provided to us by each person of whom we made inquiry was correct and complete at the time it was given to us and did not omit any matter of which such person knew or should have known about from information in the records in such person’s control at the time of our inquiry. We have not conducted any separate inspection of the Property nor any review of any records other than the records identified in this Report. This Report is addressed solely to matters affecting record title to the Property. In providing it, we have assumed that at the time of our examination of title, all documents theretofore delivered to the municipal clerk had been correctly and completely indexed and that all oral statements made to us by governmental officials with respect to the status and content of public records were correct and complete. We also have assumed, without independent verification, the genuineness of all signatures, the due authorization of all recorded documents and instruments affecting record title to the Property and the enforceability of all such documents and instruments in accordance with their terms. Based upon the foregoing, and in reliance thereon, and subject to the exceptions and limitations set forth below, we hereby report the following: Owners of Record. Marketable title to the Property under Subchapter 7 of Chapter 5 of Title 27 of the Vermont Statutes Annotated, subject only to the mortgages, encumbrances, permits and liens described below is vested in Dorset Meadows Associates, LLC. The Property is a portion of the land and premises conveyed to Dorset Meadows Associates, LLC by the following: Parcel One (the “Demers Parcel”) Warranty Deed from Trampas Demers and Emily Demers to Dorset Meadows Associates, LLC dated September 12, 2017 and recorded in Volume 1391 at Page 110 of the City of Burlington Land Records. Reference is made to the Trustee’s Deed from Dennis Demers, Trustee of Jane Demers Revocable Trust u/t/a dated August 1, 2005 to Trampas Demers, dated December 8, 2009 and recorded in Volume 911 at Page 123 of the City of South Burlington Land Records.