HomeMy WebLinkAboutSD-19-27 - Supplemental - 1505 Dorset Street (110)IRREVOCABLE OFFER OF DEDICATION (ROADWAYS)
This Irrevocable Offer of Dedication (the “Irrevocable Offer”), dated this __ day of ___________, 2019, is by and between DORSET MEADOWS ASSOCIATES, LLC, a Vermont limited liability
company with a place of business in Essex, Vermont (the “Dorset”) and the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden and State of Vermont (the “City”).
Background
1. Dorset is the owner in fee simple of a 69.66-acre, more or less, parcel of land in South Burlington, Vermont on the east side of Dorset Street and on the south side of Nowland Farm
Road (the “Property”) as shown on the following plats: “Dorset Meadows, Overall Site Plan,” prepared by O’Leary Burke Civil Associates, PLC, and recorded in Map Slide ___ of the City
of South Burlington Land Records; “Dorset Meadows, Site Plan (North),” prepared by O’Leary Burke Civil Associates, PLC, and recorded in Map Slide ___ of the City of South Burlington
Land Records; and “Dorset Meadows, Site Plan (South)”, prepared by O’Leary Burke Civil Associates, PLC, and recorded in Map Slide ___ of the City of South Burlington Land Records (“Plats”).
2. On __________________, Dorset obtained approval from the City of South Burlington Development Review Board (the “Board”) by Findings of Fact and Decision on Final Plat Application
#SD 17-29 for a project on the Property consisting of a one hundred fifty-four (154) unit residential Planned Unit Development (the “Project”).
3. As part of the Project, Dorset plans to construct and subsequently dedicate to the City of South Burlington all the roadways and associated improvements over the lands owned and
controlled by Dorset, consisting of Trillium Street, Elderberry Land, Linnea Drive, Dewberry Lane and Bellflower Court as shown on the Plat (collectively, the “Public Roadways”).
4. Dorset now proposes, according to the terms of this Irrevocable Offer, to dedicate to the City, free and clear of all encumbrances, the Public Roadways in four phases as more particularly
described on Exhibit A, Exhibit B, Exhibit C, Exhibit D and Exhibit E attached hereto, subject to the terms and conditions set forth herein.
N O W , T H E R E F O R E ,
In consideration of the final approval of the Board and for other good and valuable consideration, it is covenanted and agreed as follows:
Section 1. Dorset herewith delivers to the City five (5) Warranty Deeds for the Public Roadways, the description of which is set forth as Exhibit A, Exhibit B, Exhibit C, Exhibit D
and Exhibit E attached hereto, said delivery constituting a formal irrevocable offer of dedication to the City of the Public Roadways, to be held by the City until the acceptance or
rejection of such irrevocable offer of dedication by the City.
Section 2. Dorset agrees that this Irrevocable Offer is irrevocable and the Warranty Deeds may be accepted or rejected by the City in whole or in part at any time and in any order.
Section 3. This Irrevocable Offer shall run with the land and be binding upon Dorset and its respective successors and assigns.
Section 4. This Irrevocable Offer shall serve as notice to any and all utility companies that the City has an interest in the Public Roadways, which interest shall be first and superior
to any easements granted to said utility companies, and all work within the area of the Public Roadways shall be in accordance with the City’s public works standards as they may be
amended from time to time.
IN WITNESS WHEREOF, the parties, as evidenced by the signatures of their Duly Authorized Agents, do hereby execute this Irrevocable Offer as of the ____ day of ______________, 2019.
IN PRESENCE OF: DORSET MEADOWS ASSOCIATES, LLC
______________________________________ By:___________________________________
Witness Duly Authorized Agent
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
On this _____ day of _____________, 2019, personally appeared ____________________, Duly Authorized Agent of DORSET MEADOWS ASSOCIATES, LLC, to me known to be the person who executed
the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of DORSET MEADOWS ASSOCIATES, LLC.
Before me,____________________________________
Notary Public – State of Vermont
Printed Name:
My commission expires: 1/31/21
STATE OF VERMONT
COUNTY OF CHITTENDEN, SS.
On this _____ day of _____________, 2019, personally appeared _______________________, Duly Authorized Agent of CITY OF SOUTH BURLINGTON to me known to be the person who executed the
foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of CITY OF SOUTH BURLINGTON.
Before me,____________________________________
Notary Public – State of Vermont
Printed Name:
My commission expires: 1/31/21
Exhibit A
PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION
TRILLIUM STREET
Being a strip of land for public roadway and related utility purposes over an unimproved strip of land, being a twenty-six foot wide (26’) strip depicted as “Trillium Street” as shown
on the following plats entitled: “Dorset Meadows, Overall Site Plan,” prepared by O’Leary Burke Civil Associates, PLC, and recorded in Map Slide ___ of the City of South Burlington
Land Records; “Dorset Meadows, Site Plan (North),” prepared by O’Leary Burke Civil Associates, PLC, and recorded in Map Slide ___ of the City of South Burlington Land Records; and “Dorset
Meadows, Site Plan (South)”, prepared by O’Leary Burke Civil Associates, PLC, and recorded in Map Slide ___ of the City of South Burlington Land Records (“Plats”).
Being a portion of the land and premises conveyed to Dorset Meadows Associates, LLC by Warranty Deed from Trampas Demers and Emily Demers dated September 12, 2017 and recorded in Volume
1391 at Page 110 of the City of Burlington Land Records.
The Premises are subject to: (a) all rights of way, easements, conditions and covenants of record or as depicted on the Plat, not meaning to reinstate any claims barred by operation
of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601 611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts.
Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description.×