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SP-03-08 - Supplemental - 0080 Midas Drive
I:\B PLANT USPVMT R 1 IN Common e ! Roo 11 s eaN CoN Pea -? "Cal BA8 Ouernrs rohur /ah U Ar I 2 Gal PXus cateryano/GaNwy Pear Ouercus rolwr\fngllsh pat I FOUL W am PW FANG 11/2' P W PFE iIrLPAR50lJ� [vn i 1N AVC \ so61.47' w .aT / ' 78.36 'W"SRWA6E AREA \\N/F CITY a SOU BURLINGT 2871213 I N11Fi I A.B. P ERLEAU i sENua� 146/245 96/21 cMl ' I Sl '2; nx" 1 1/2' I Aff IX UGHTS 1. Right of *by I10tNg to match citys standard light Rxtures. 2. Pa,*Ing lot lighting: 250rr metal halide cutoff Bxtures an 18' paled. (RUUO Pork1hg1*—y) NOTE• OLrh/ess Adands a s proposed to provide for stormwoter runoff Into vegetated areas for treabnwt, POW 287/215 u�' - 1 Comm + lYLAwr 'EIGHTY s ACRES � MIDAS DRIY1~ UC ni D 99377ONPA CEi 2 ( N 0.23 ACRES UPASi 4} I WORM------._ Jos Y � ( f j op"CeBuxom I 1 2526 S. CAS (svrwcr _ -tztz'_._._ J MWERTYLOK Mwr e DULOWS + mnuc 1 e1 i J21MWE + + .22 ' iA� _ L�5.69' )60.03' _ Calloww S114221-W {SI jl IX 4x4 IXiYpR•R• � GSLw ii I' YLM.eINT � II CCNOWTE GEM LEGEND - - PERNIERR PROPERTY LNVE - - LEASE LOT LAC --- RXHr-QF- WY OR EASEMENT LAC OTHER PROPERTY LNRE — . — • — • ZOhWP SETBAa( LIRE ■ 4 i1'x.M' CONCRM MOM4r6NT SET o AM POPE FO" A?CW PW FM W CALaLATED PaWT (NOT Sr* tg SEND? MANHOLE O LJ6HM" © MLEPNLA V PEDESTAL di CAS VALIE ■ CA 7CH RASW ge/2R RECORD VOL&IME/PAGE NpMOM SARITARY SENEW LAC STORM DRAWAGE LOW WATER LAC LINVERGROUND GAS LICE - UNDUKROUAV 7ao*KWE Lm —� LNGERGROUM PONER LAME 409P1\01d Files\DWG\6083PLAT2003edits.DWG, 0 NIIF No= CITY OF SOUTH BURLINGTON SCHOOL DISTRICT 39/661 88/179 KAGN3T FLWND 2'PPEA%1n#WLD RERAGED WIN mMOPE1EMONLNRPJT N08781091E � 234.72' - - - 190.65' - -� sToa(AaEmRr t } - rnraErr _ Go' 1 I tti t .-.-._.-.-. .--------- SEMAL1C Nam IFIA#AWR Matt. .dda. —_; , P RCfL j t 9ULDM CORNER LTIAW LW FEKW { Tope umE /1 I SF j Is Y MICASO �� pp,� I � I BRASSARD AUTOMOTIVE SRWXCotot O.r4 AC 0.74 ACRES j @ 10'WDEEAS"T I r j j SERNC£� INC. I 1571218 1 1421416 v �TAN� { CAKE E� �' 1 x u c 72571' j 1 � .. F ar;•.'?.x "i^. I fb t �, t ��-PA1W PAROX gym; « S I" /M pfi! R IASY ( � 9 � !a'MIDE EASflOVT f H � K. GAS Z5e/5/7 CFN/OKD ON PPE 1 j r 1 i i I t N i PAI4— L 1841479 0 _ ...._.�.7'HI.UE kIEC/AACK ,��� __ __ 7R.IJ/SFC9l1T ra SPAfxi a - 6 314.4 _ 10 MAPLE ®2'MAPIE vI ___ CITY OF SOUTH ttMaeAJENT M/DA S DR/ VE 4 BURLINGTON "D W I 287/215 TO ii1LUS 01 ROAD N N CITY SOUTH A.B. POO fRL£AU BURUNGTON 2871217 1461245 96/21 GRAPHIC SCALE b q tl p Ws DI FEET L taoh � EO It So. Burlington, Vermont, City Clerk's Office , 20 at o'clock minutes _M Received for record and recorded in Slide of records. Attest. Town Clerk "aQ•a•� PM APPROVED BY JULI BETH HOOVER DIRECT❑R OF PLANNING Z❑NING OF THE CITY SOUTH B INGT❑N, VERM❑NT ON THE 1 DAY ❑F 2065. SUBJECT TO ALL REQUIREMENTS AND C DITI❑NS SET F❑RTK,(( IN FINDIN F FACT DATED MAY 1, 2003. SIGNED ON THIS ,a° IC` AY ❑ —200) DIRECT❑R OF PLANNING AND Z❑NING RECEIVED MAY - 2 2003 City of So. Burlington FILE # — -- — ----- -- SUBJ. �i REFD TO: NOTED: -- I:\B PLANT LIST tlt Botml I Name Carnm Noma Slzs Root 11 P s toll o CaN Pear 2 Ji-Cd lisB 3 I Ouercus robur I En " Oak 12 Co( I chef J(( f Pyvs coMw'�vna/Ca/ley Psa' Ouercua rabur\Eny/hh Oak r ) TOINW r r/CncwPIPE FGUIhn s/e rraY fir+ •rrttPArwa-uEw;urNw+c• \ 5081, 47' "W 1.4T 78.36' SNOW SroPAGE AREA N� CITY <AF SOU BURL/NGT 287/213 1 ; 1 N/F A.B. POMERLEAU i �/AdCI 1461245 2 raao 96/21 Nlv � to �lV RECEIVE I MAY - 2 2003 City of So. Burlington nONW i W I PIPE I/ LIGH7S 1. Rot of Way 110tkV to match citys standard Not fixtures. 2. Parking tot loth¢ 250. metal halide cutoff fixtures on IS' poles. (RUUO PorkIny/Rodway) NOTE Curbless Elands ore proposed to prodde for stormwater runoff Into royetated areas for [remnant Ex are CONORM BKNMMDVT PULAW 2• r sE _ N0734'37'E — _ ! _ N MO= CITY OF SOUTH BURLINGTON SCHOOL 0/57R/CT 39/661 y LGNvic 88/179 rwNaLIKRATBEb REPCAQD wasTHCON OCYNCAE7EUpAALENr N08781091E — — _ _ — 234.72' 2e _ — MCE 190.65' Svc F 1 --—•—•--- — — ._.�-. .--- ——•—•-----! r•—• •---------QUARORwe. --------•---------Ems•—•�.17soo'SETBACK 1 •_-- 7RANSFOR64W 1 LOCUS ram 373$! 8 I I ea °° -- •_� ; �w.:o:. ! T ! - N/F a ! I ': 122ar BU OF SOU I j 1 9ULOWW Ca,pNE�t� G7/ANLNet PEMS BURLIN [ ! PAWWG F 1 i roPROIPERTYLAW 287/215 1 cant RC j7 I !� rara' \, 2 + mLAVE + I $25% SF !ISIPPYL'�EC�1BRASSARD AUTOrIIOT/VE avt$Wcvnvt ryWOEEAsSWwrEL !a` 4 ACRES �r I SERNCES INC. a/ssss ,f OWN ?W*VOVOWWtitrsr" awn Ass +EIGHTY II/DAS ORIY>~ LLG DEMNAAON P GEL U t 142/416 j trN/mmavcav/ERt�reAerE -^ 1 hi 99J1.6 SF t 2 2003 0.23 ACRES [ t t t MAY WODS r, �g il Ams vAsw N! I SRNYeLOCX zs2esr. - City of So. Burlington + ' I 1 SLALOM ro CORNER raeY g cVT. GASEDee T t \ !r! 4 ON PIPE WnnLAW =W PAMWWFROFW,'NIA` ' IV�F e r - 70PRO ( ' 1HLUAM LEE INC. ' roPRo=mTrtwE f �, ! 1 PA r iI I 1641479 e1 12'1MPU + 'Y1, + I .22 e ( QECnir-4 i.Yauc sm/CE 21'W __--- WANSFpa4N 7e s,T T �. p �rT Le,5.69 _ — _ �60.03' DU-P ✓lS CSL KING, INC cavowE slz,zz,-w, —�--- _ FILE # ` 178.77 LE — i s 314.4 — — ro MAPLE* ®2wPrE SUBJ. IyI cram c'"° +-------- �2���+� $ CITY of soum UWA ENYr M/DA S DRl VE $ BURLINGTON 2871215 To WL11S70I0W ROAD ---------- LEGEND — — PERNE7ER PROPERLY LANE --- LEASE LOr LAC --- RIGHT -Or -WAY OR EASf11ENT LANE OTHER PROPERTY LANE — • — • — . — ZONNG SEWaf LAVE ■ e7re x36" CONCRETE MONIAffNT SET a OWN PIPE FOUND ARON PN FVLMC A CALa"YED pawn (Nor sM U9 SERER MANIOLE o LMIPOLE �r TELEPWONE PEDESTAL to OAS VAL if CARW BASIN 96/21 RECORD VOLUABE/PAGE MNBER --. S40I7ARY SERER LAC STORM APANAGE LYE WATER LANE UNDERGROUND GAS LANE = UNDERGROUND 7ELEPNCNE LINE UNDERGROUAO POWN LAC 409P1\01d Files\DWG\6083PLAT2003edits.DWG, 0 GRAPHIC SCALE i ! e) ( fir racy ) L tooa - 20 tL So. Burlington, Vermont, City Clerk's Office 20 _ at o'clock minutes —M Received for record and recorded in Slide of records. Attest. Town Clerk •4q•4"1 PM N/F N11F CITY OF SOUTH A.B. POMERLEAU BURLINGTON 2871217 1461245 96/21 APPROVED BY JULI BETH HOOVER DIRECT❑R OF PLANNING Z❑NING OF THE CITY _QF SOUTH BURLINGTON, VERM❑NT ON THE _ DAY ❑F 20, SUBJECT TO ALL REQUIREMENTS AND C❑ DITI❑NS SET F❑RTH N FINDING OF FACT DATED MAY 1, 2003, SIGNED ON THIS AY ❑E_ —EQ3, DIRECT❑R OF PLANNING AND Z❑NING REED TO: NOTED: _ I:\B PLANT UST Nl BoIonl I Nome lm n Nome Sln Roo 1! P a CaRar Cob Pear 2 Ji'Cd B8B 3 I QwCYa rohur I £n ish Oak I ? Cof I 8,W j Pyua ooNe7uno/CoMrY Pear Ouawa rabur\'o. Oak 1 I iDImI r/ OMAPE PM ftwho WOMAN 1772PAnKK-UEKLLMM' W \ S08.47' \ 1 > 50358"W S08i79_26"I 7a_ _ 7836' 30.00' SOW SRX"r AREA �1 .-------------- --------- a rY OF SOU CITY of sa SURL/NGT BURLINGM 287/2V3 2871215 1 _ 1 N/F i o t ! A.S. PONIERLEAU I S�jB"A"cxl '46/245 96/21 bw%— LIGHTS 1. Rot of Nay lighting to match citys standard lot fixture= 2. Parking lot lightk w 250w meta halide cutoff ftxtunss on 18' pdes (_ Parking/Troodsoy) NOTE Ou Wess gfonds are proposed to pm kw for st=neater runoff into vegetated anon for bwfinent. VC 4x4 CONORC7E MCMBENT FOLVO r PPE Noaas N0754:37E _ 1 44. 10CHTY YIDAS Oml_ LLC C£1 D 9 J RON1.6 a �P 0.2J ACRES ISMYanaaf CK 1aRYLr G A nAf 15.2E SF.K i E CAT I ! + I LA f1nrcRTr� is 127A4LE . '�I } (�{ � - _ /60.03' (' IX 4x4 COM2fE/E LAEroeaRafRn MaMAVVY I "SLOW OOEIOIE/E Gi.•IB M&M I IA' RCN PPE (� RECEIVED MAY - 2 2003 City of So. Burlington LEGEND - - PERMEIER MavtrY LNE -- LEASE LOT Lowe --- RIGHT-OF-W4Y OR EASE14Nr LW 07NER PROPERTY Leff — . — . — . ZONNG SE7MC C LOE ■ 4 x4'.M' CONCRETE NCM#"r SET 6 AM PLPE FD" P7CYt PM FOEM A CALCLUIED PANT (NOT SEV m SENM MAKOKU a LfpI1POLE © IELEPIIONE PEDESTAL Q) GAS YALIE ■ CAMN BASIN ee121 RECaV VCLU EE/PAGE AMOM SANIARY SEVER LAC STORN ORAMAGE LOC WAR? RARE • UNOERGRaM GAS L#K UIOEROROGWO 7aD* ME LM 770" PONE" LASE 5409P1\01d Files\DWG\6083PLAT2003edits.DWG, 0 Moms N/F CITY OF SOUTH BURLINGTON SCHOOL DISTRICT 39/661 88/179 yAGN� FOLOW r PPr A snow o REPtACW WIN COVLNE7ENOWUNr N0678109 E - - _ _ - 234.72• - -24® - - 190.65' S1orxAxfvAa I C%NOREiE 3 a0w 1 � T- -------------------- - -- -._.I _ - - - - - j 6040wu. TR N9avMER 1 W=hET AIWO wit SEVACC I 4aoo• ---j _ 1 F I H E1 i awANtNCFE7ELT I 3 87 9 SF I i& p AEEIAs asnE 11 I ICI a 4 ACRES I i BRASSARD AUTOWO171E rSERIOXcEww I f 10•WVEL5EWfiNr SERNC£S, INC alassr x , QWW NOWTAMP WN 19/Ile i h y I I 142/416 � Ci7r7Ere.D CN GIN10f ar CAKE � r t PAIEDPAMM I` 00*9 W� - • j� 8 �lrArTCMEM ON OWE T I I I / ------------------ M11."Vous /ARAMC li N� + _ - 1 1NLU" & LEE, #VC I Ij PA r L _ 184147Y I� l.Tbwc SnPI/Ci , TRAflSFCENIlR M 8.7_7 �a 314.4 17—'-�' to EtAnE � 1 ®rwPte GRAPHIC SCALE M A ( a rut) I lsah - 20 tL So. Burlington, Vermont, City Clerk's Office 1 20 at o'clock minutes _M Received for record and recorded in Slide of records. Attest: Town Clerk na.nl DM "IDA S DRl VE 48 CIe R°N c o tr" leawlefiNT T I 2871215 4UJS ROAD LOCUS RECEIVED MAY -1 2003 City of So. Burlington FD�CIS ,� �,>r�r Me SUED. MAY Q REFD TO: IY07-ED: SAMTARYSEVER EASEk�lT Esrr (s S eGit.NG nN >r 2VI, ------------ N/F N/' pTY AF SOl/TH A.B. POMIERLEAU BURUNGTAN 287/217 1461245 96/21 APPROVED BY JULI BETH HOOVER DIRECT❑R OF PLANNING Z❑NING OF THE CITY OF SOUTH B_l1RLINGT❑N, VERM❑NT ON THE DAY ❑F ' i� 206-3 SUBJECT TO ALL REQUIREMENTS AND aNDITIONS SET F❑RTIIN FINDING F FACT DATED MAY 1, 2003• SIGNED ON THIS DAY ❑ 0 6 3, ,l --D /-' ,- DIRECT❑R OF PLANNING AND Z❑NING 6t�5432`�� CITY CLERK'S OFFICE WARRANTY DEED Received �� tt`l-yM k Recorded*no lemon page_�� — qqOf So. Surlin©ton Land Records KNOW ALL PERSONS BY THESE PRESENTS, thit'Ift ' "\ ) `//�J�n o� a BRASSARD AUTOMOTIVE SERVICES, INC., a `vPerron mont5. Kinvilie, City Clark Corporation with its principal place of business in Essex Junction, County of Chittenden and State of Vermont, Grantor, in consideration of the sum of Ten and More Dollars, paid to its full satisfaction by EIGHTY MIDAS DRIVE, LLC, a Vermont Limited Liability Company with a place of business in South Burlington, County of Chittenden and State of Vermont, Grantee, by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee EIGHTY MIDAS DRIVE, LLC and its successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: Being a parcel of land, together with commercial building and all improvements thereon, said parcel depicted as "PARCEL. #2 23738.8 SF 0.54 ACRES" on a Plan entitled "CONDEMNATION FOR HIGHWAY PURPOSES Across a Portion of the Lands of BRASSARD AUTOMOTIVE SERVICES, INC. 1-3 Midas Drive South Burlington, Vermont", dated January, 2003, prepared by DuBois & King, Inc. and recorded in Map Volume 495, Page 198 of the South Burlington City Land Records. Said lands and premises are a portion of the lands and premises conveyed to Brassard Automotive Services, Inc. by Warranty Deed of Genevieve E. Morgan, dated July 27, 1978 and recorded in Volume 142, Page 416 of the South Burlington City Land Records In addition hereto, Grantor conveys any and all rights to compensation, in lieu of monetary compensation, if any, as described under Compensation of the Condemnation Report issued by the City of South Burlington City Council at its hearing held on March 17, 2003, dated March 2003 and recorded in Volume , Pages of the South Burlington City Land Records, to the Grantee herein, and described more particularly in Section 3 of the Order issued by the City of South Burlington City Council at its hearing held on March 17, 2003, as follows: "Beginning at a 4" x 4" concrete monument located at the southeasterly comer of the Brassard Automotive Services, Inc. property known and numbered as 60-80 Midas Drive, thence • --- --- ---- t 5 2 2 3 proceeding N 82°09'48" W a distance of 156.59 feet, more or less, to a 4" x 4" concrete monument located at the southwest corner of the Brassard Automotive Services, ,Inc. property; thence proceeding S 08°09'26" W a distance of 30 feet, more or less, to a 5/8" iron pipe, thcnce proceeding S 08°03'58" W a distance of 79.83 feet, more or less, to a 11/2" iron pipe; thence proceeding N 64°06'52" 1- a distance of 8T 11 feet, more or less, to a point; thence proceeding S 82°09'48" E a distance of 79.51 feet, more or less, to a point; thence proceeding N 12°42'21" E a distance of 60.22 feet, more or less, to the point or place of beginning." The parcel immediately above described shall not be construed as a fee conveyance herein, but rather a right to compensation of the Grantor as described in the above -referenced Condemnation Report, subject to appeal as of the date hereof with no recourse to Grantor. This conveyance is made subject to highway easements, utility easements, easements for ingress and egress, water and pipeline rights, state and local land use permits, covenants, restrictions, if any, and rights incident to each of the same as may appear more particularly of record, provided that this paragraph shall not reinstate any such encumbrance previously extinguished by the Marketable Record Title Act, Subchapter 7, Title 27, Vermont Statutes Annotated. Reference is hereby made to the above instruments and to their records, and to all deeds and records therein referred, in further aid of this description. TO HAVE AND TO HOLD said granted premises, with all the privileges and appurtenances thereof, to the said Grantee EIGHTY MIDAS DRIVE, LLC and its successors and assigns, to their own use and behoof forever; and It, the said Grantor BRASSARD AUTOMOTIVE SERVICES, INC. for itself and its successors and assigns, does covenant with the said Grantee EIGHTY MIDAS DRIVE, LLC and its successors and assigns, that until the ensealing of these presents, it is the sole owner of the premises, and has good right and title to convey the same in manner aforesaid; that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and it does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, BRASSARD AUTOMOTIVE SERVICES, INC., by its Duly Authorized Agent, has caused this instrument to be executed this 57 - day of April, 2003 6050224/� tom'" I IN PRESENCE OF: BRASSARD AUTOMOTIVE SERVICES, INC. % [witness] By: / ✓�����-� ''�`� William Black.. President' and Duly Authorized (/ Agent STATE OP LORIDA COUNTY, SS. At in said County and State, this 1_ day of April, 2003, personall}(appeared WILLIAM BLACK, President and Duly Authorized Agent of BRASSARD AUTOMOTIVE SERVICES, INC., and he acknowledged the within instrument, by him subscribed, to be his free act and deed and the free act and deed of BRASSARD AUTOMOTTIVEE SERVICES, INC. _ 43 1(.20� `T'�G•`(1' l3� •cam. -- - Before me, vvi-O�_ .—�— is ✓ �tary —A/v My Commission Expires. _ (SEAL) o F 0 1AN;CE D. LEVIN �0 p My Comm Exp. 2/24/U ' No. Cc 913469 I 1 P.—M Vermor:t P1,00orty Transfer III 2 VS.A. QhaO 23 i -AQ1i!`v r'? rK�ua = .•�.r. t; ... VT'LA2 •'Q LDS= L G:-lr f�! "�Y r' 1 1'TH Ct-gr Rz'C'F. END OF DOCUMENT I saanJ'ae'w O7Y 71f SOU7H N/F BUA4 CMV 17elfau i, I /M rr/rM NQ= Lss.'�za�tfl�[aa! ra7r�r^' aa��arras�mxsrrsAs;s—"— zvi,QtlsFi4!'.J'J'�' ' ••• • ••• �,-r�Jsrsa LEGEND &Nft mnY/ 287,1215 Wit." — — ■MM1O-■IYm4MY/IIt Arrn asar ■ u. I'w'J'eaa■QY■Led/en • a ,v. rrr ras .r•v IN Cate • eumAlm ro■r Mm am • aiOr rrwr uwnni m �'a` a • su wawa c.m. ew .4m Aials W.AtA"L[ MAmI r��ernA` �"Qc wA■ rr nOrAa.e.O eAe ut uaor•n.o ®Awar.it oa•rarae• var■r ur NIT an of SOUTH aAawoTav 9QA7al. Da1T 7 /■a) U/NMRQ 9e r■.e r wr X tar PARCIILOCUS 7.77Ja.e a14 ACftT- - .m — 1 I ■L.rr.Ar� ( i y p R7l ■rru■ e+: DESCRIP77ONS e PARCH P I rmnn `7 IZ u1V a74 ACM I BRA HOES YIU'. mE cY m ! r.rc a■m7W I m ■� mm MASSARD AUTMOVVE — CONOEInIA naN PAACEl f i 14214/e h Ip 2aJ AGES r R I w q 17 j ALrr' `_reo rVevw� -- — — d I I I I I Y I /--_'---•------eA.IRr•A.AA --- ' ' N/F wLUAQ • UT IAr I8 4/479 I ar rwnr GRAPHIC RCAtS a. er.■r.errri v..,...r• ay Crrv. apw 20 at _a eT k mfnutu _ Y Received for record and retarded to S= _Of recarde. Att"L• Toum Clerk "IDAS DRIVE a�vSOUTH ae7/215 NIF AA PCMIXEAU II!/7.31 To *C CER 77FICA 77ON IAAe P■n a nmrs aw IDa7 BeU .r.pa, sertn ews,am, t.R.Lv.r s a ceretanf wM attar0 sae auv wwr:d rwr w IAe Pl.e aa+Ierrrs ..rn iv W, 2'Ve a P7 VSA „Ol Renato F. 0.~, VF LS SN CONDEMNATION FOR HIGHWAY PURPOSES ACRAO A PORMN OF 'PIf6 LANffi OF BRASSARD AUTOMOTIVE SERVICES, INC. -0-4 M4 .+.r rs aonravnH a""I v■1JSTOR YFRIICNT �1 Z r VOL It�6 am 0f Eighty Midas Drive, LLC Warranty Deeds: Brassard Automotive Services, Inc, to Eighty Midas Drive, LLC, Volume 605, Page 222, April 11, 2003. City of South Burlington to Eighty Midas Drive, LLC, Volume XXX, Page XXX. (To occur after April 30, 2003) CITY CLERKS OFFICE ,Received Jof - Recorded in V on pages.: 1.and LRecords (if So. Furling CITY OF SOUTH BURLINGTON CITY COUNCIL Attest: _ CONDEMNATION REPORT Do g S. itinville, City Clerk BRASSARD AUTOMOTIVE SERVICES, INC. PROPERTY 60 - 80 MIDAS DRIVE This report was prepared and approved by the City of South Burlington City Council, pursuant to the requirements of 19 V.S.A., Chapter 7. This report together with the minutes of the City Council Hearing held March 17, 2003, which minutes are incorporated herein by reference, constitute the report of our doings concerning the condemnation of a portion of the Brassard Automotive Services, Inc. property located at 60 - 80 Midas Drive in connection with the laying out of a public highway. NOTICE Statutory Notice was provided in the following manner: 1. A notice of the City Council's March 17, 2003 hearing was sent via certified mail, return receipt requested, to the record property owners, mortgage holders of record and other interested parties, as defined in 19 V.S.A. §§701 and 709, at least 30 days prior to the hearing. 2. Notice was sent to the City Development Review Board by letter dated February 12, 2003 and was posted in the City of South Burlington Clerk's office on February 14, 2003. A copy of the Notice of Hearing was published in the Burlington Free Press on February 18, 2003. NECESSITY During the course of the March 17, 2003 hearing, evidence was presented by Juli Beth Hoover, City Planner, regarding the necessity of acquiring the property to be condemned for purposes SPrrzTPL,PAGE & of laying out a new public highway to access the future City MATCHER, P.C. A170RNEYS AT 1.Aw Center property from Midas Drive. No one present at the hearing it uArre:Rr srrsr:ET e.o ROX 1507 contested the necessity of the project. RURLINGTON, VERMONT 06402-15U7 6f 2� 83 COMPENSATION William R. Black, president of Brassard Automotive Services, Inc., the property owner, acknowledged that Brassard Automotive Services, Inc. will not seek monetary compensation for the condemned land, but would accept conveyance of a strip of land currently owned by the City and located immediately to the south of its property as full compensation for the condemned lands and premises. DECISION By executing its Condemnation Order, the City Council decided that the public good, necessity, and convenience of the inhabitants of the City of South Burlington requires construction of an access road from Midas Drive to the future City Center property, and further determined that condemnation of the subject property was necessary to enable the construction of said access road to go forward. The City Council determined the amount for reasonable compensation in light of the reasonable use of the property and the direct and proximate decrease in value caused by the land and rights condemned. REPORT, ORDER AND NOTICE The City Council directed that this Report and the companion Order be filed with the South Burlington City Clerk. The Council further directed the City Manager to forward a copy of the companion Order to the Brassard Automotive Services, Inc. Dated at South Burlington, Vermont, this day of March, 2003. STITZF,L, PAGE & FLETCHER, PC. ATPORNF.YS AT 1.AW 171 BATTERY STREET P.0 R0x 1507 RURUNGTON, VERMONT 06402-1507 CITY COUNCIL OF THE CITY OF SOUTH �BURRLINGTON m s Condos, Chair 2 20784: Son1045.1it STITZEL, PAGE & FLETCHER, PC. STTOHNEYS AT LAW 171 OAW ERY SPREE']' P.O BOX 1507 1URI.INGTON, VERMONT 054021507 cnrist er S it t v"�i agowan ante ou e Terrence Sheahan 3 END OF DOCUMENT SPITZEL, PAGE & FLETCHER, EC. ATTORNEYS AT LAW 171 BATTERY srm%. r PA BOX 1507 BURLINGTON, VF.RMON'f 05402-1507 6 ( 'TY CLERK'S OFFICE 2yn Recei�,,.l, 122.2 12^11 51,20Flat —A � M Recorded in Vol. _ on pag02 C ` Of So. Burlington Land Rec;ords 7q STATE OF VERM,6i*t; CHITTENDEN COUNTY, SS. Donna S. t;,nvii!e, City Clerk In Re: Condemnation of Brassard Automotive ) City of South Burlington Services, Inc. Property ) City Council 60 - 80 Midas Drive ) CONDEMNATION ORDER The South Burlington City Council held a public hearing on the acquisition of the above -captioned property on March 17, 2003. Based on the information provided the City Council at this hearing, and further information obtained by the City Council in connection with an inspection of the property at the time of the public hearing, the City Council makes the following findings regarding the subject property and enters the order set forth below: FINDINGS OF FACT 1. The subject property consists of a 0.23 acre strip of land sixty feet (601) in uniform width, located on the lands and premises of Brassard Automotive Services, Inc., known as 60 - 80 Midas Drive, South Burlington, Vermont. Said strip of land is more specifically depicted as "Condemnation Parcel, 9931.6 SF, 0.23 Acres" on a plan entitled "Condemnation for Highway Purposes Across a Portion of the Lands of Brassard Automotive Services, Inc." prepared by DuBois & King, Inc., dated January, 2003, and recorded in Map Volume 495 at Page 198 of the South Burlington Land Records (the "Condemnation Plan"). The subject property is a portion of the lands and premises conveyed to Brassard Automotive Services, Inc. by Warranty Deed of Genevieve E. Morgan dated July 27, 1978 and recorded in Volume 142 at Page 416 of the South Burlington Land Records. 6©20i STITZEL, PAUF & FLETciim P.C. ATTORNEYS AT LAW 171 HATI'ERY 5I'REET P.O ROX 1507 H1)R1.1N .TON, VERMONT 05402-I507 2. The City provided statutory notice of its March 17, 2003 hearing, sending by certified mail, return receipt requested, written notice to each affected record property owner and interested party, as defined in 19 V.S.A. §§701 and 709, at least 30 days prior to the hearing. Notice was sent to the City Development Review Board by letter dated February 12, 2003 and was posted in the City of South Burlington Clerk's office on February 14, 2003. A copy of the Notice of Public Hearing was published in the Burlington Free Press on February 18, 2003. 3. The City Council inspected the subject property on March 17, 2003 between the times of 7:00pm and 7:15pm. 4. At the March 17, 2003 hearing, the following property owner appeared: William R. Black, president of Brassard Automotive Services, Inc. 5. The following exhibits were submitted to the City Council at the hearing and admitted as evidence in support of the Condemnation action: a. Notice of Public Hearing dated February 3, 2003; b. List of interested parties who received notice of public hearing by certified mail/RRR pursuant to 19 V.S.A. §709; C. Corporate Resolution of Brassard Automotive Services, Inc., dated March 4, 2003; d. Plan entitled "Midas Road Connection to City Center," prepared by Land Works, dated August 10, 2001; and e. Condemnation Plan. 6. Based upon the testimony of Juli Beth Hoover, City Planner, the exhibits presented at the hearing, and the information gathered at a site visit, we find the following: 2 602 787 STITZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW 171 BATTERY STREET P.O BOX 1507 BURIANGTON, VERMONT 0.5402-1507 a. The current design for the South Burlington City Center property, located immediately adjacent to, and westerly of, the subject property, requires that the City own lands and premises sufficient to provide for construction of a suitable access road to the City Center from Midas Drive. b. The parcel of land currently owned by the City and designated for purposes of the City Center access road is not compatible with,the proposed design for the City Center road system. C. The preferred location for the access road from Midas Drive to the City Center property is between the two existing buildings on the Brassard Automotive Services, Inc. Property, as shown on the Condemnation Plan. d. The acquisition of the condemnation parcel for purposes of thefuture City Center access road is reasonably necessary to achieve the objective of proper roadway alignment and will serve the public good, necessity and convenience of the Ci.ty's residents. e. The taking of this property has no adverse effect on any existingbuildings or other structures located on the Brassard Automotive Services, Inc. property. f. William R. Black, President of Brassard Automotive Services, Inc. stated for the record that the property owner does not object to the condemnation of its lands and premises as shown on the Condemnation Plan and is willing to accept conveyance of a .25 acre parcel,of the City's of land located immediately to the south of its property as damages for the condemned parcel. CONCLUSIONS OF LAW 1. All statutory requirements concerning warning, notification, and conduct of the Brassard Automotive Services, Inc. condemnation hearing have been complied with. 3 STuZEL, PAGE & FLETCHER, P.C. ATTORNEYS AT LAW I•n BATTERY STREET P.o sox 1507 RURLINGTON, :'ERMONP 05402-1607 2. The public good, necessity and convenience of the residents of the City of South Burlington requires that the access road to the future City Center property be constructed. The property to be condemned is necessary to enable the construction of the access road in the proper location to ensure reasonable access to the City Center, based on the current City Center design plans. 3. The Council finds that the compensation set forth below reflects adequate payment to compensate the respective property owner in light of the value for the most reasonable use of the property involved, and the direct and proximate lessening in the value of the property retained by the property owner. ORDER WHEREFORE, it is hereby ordered, adjudged and decreed: 1. That the lands and premises described as "Condemnation Parcel, 9931.6 SF, 0.23 Acres" on a plan entitled "Condemnation for Highway Purposes Across a Portion of the Lands of Brassard Automotive Services, Inc." prepared by DuBois & King, Inc., dated January, 2003, and recorded in Map Volume 495 at Page 198 of the South Burlington Land Records (the "Condemnation Plan") are hereby condemned pursuant to 19 V.S.A., Chapter 7. 2. That the aforementioned Condemnation Plan shall constitute the premises survey required by 19 V.S.A., Chapter 7. 3. That Brassard Automotive Services, Inc. be compensated as follows: The City shall convey to Brassard Automotive Services, Inc. a portion of its lands and premises located adjacent to, and southerly of, said Brassard Automotive Services, Inc. property, more particularly described on the Condemnation Plan as follows: Beginning at a 4" x 4" concrete monument located at the southeasterly corner of the Brassard Automotive Services, Inc. 4 6{ N STPPZEL, PAGE & FLETCHER, PC. ATTORNEYS AT 1AW 171 BATTERY STREET eG BOX 1607 BURLINGTON. VERMONT 0l402-1607 property known and numbered as 60-80 Midas Drive; thence proceeding N82'09148"W a distance of 156.59 feet, more or less, to a 411 x 411 concrete monument located at the southwest corner of the Brassard Automotive Services, Inc. property; thence proceeding S0800912611W a distance of 30 feet, more or less, to a 5/811 iron pipe; thence proceeding S0800315811W a distance of 79.83 feet, more or less, to a 1 M" iron pipe; thence proceeding N64'06152"E a distance of 87.11 feet, more or less, to a point; thence proceeding S8200914811E a distance of 79.51 feet, more or less, to a point; thence proceeding N12°42121"E a distance of 60.22 feet, more or less, to the point or place of beginning. 4. That within two months of the date of this Order Brassard Automotive Services, Inc. shall remove any fences, timber, wood or trees, which they are requested to in connection with this project. After the expiration of the two months, the City may take possession of the land and rights, remove obstructions therefrom and lay the lands open for construction of the proposed public highway. Dated at South Burlington, Vermont this of March, 2003. CITY COUNCIL OF THE CITY OF SOUTH BURLINGTON aTn s on os, Chai r stOpher � mit son1050.1it teye agowan ani our e Terrence Sheahan 5 'Y?9R1v %TT OIIa P'L_1i`II�T `TAT ZOl'�TIlI��� 575 DORSET STREET SOL i'E-T BURLL GTO i, VIERMONT 05403 (802) 848-4108 FAX (802) 846-4101 Permit Nurnber SP- - PLIC TION FOR SITE PLAN REVMW All information requested on this application _rust be completed in full. Failure to provide the requested information either on this application form or on the site plan will result in your application being rejected and a delay in the review before the Deveiopment Review Board. 1) 0VTT\iER OF RECORD (1 Taine as shown on deed, mailing address, phone and fax #) 1�- a.AssArA if^i,-r-C -r-%e-LnfV.Q = PWZ 1 i_a- IY4---r1 !4 bse-- VT rcx = d33 — 7834 2) LOCA-70N OF LkST RECORDED DEED (Fool{ and page #) L% 1 y a I? 3) APt LiCANT (Name, mailing address, phone and fax #) 1`kkVc k 7S6�,,can3 , r-, t�-- 'a n4 -, C.,+L- . _ 1 .. - A- . 1r ^C',/ .-7 Ltn_ 4qoz G.. L!n -4aoi 4) ,CONTACT PERSON (Narne, mailing address, phone and fax:#) f-V c1 %4-41 -T Ln sTW _ ),N9 z Soy-f►��t ��\• i �rT- oS�C��- 660 - 9393 Fix �60 -7374 5" PROJECT STREET ADDRESS:— 'Lis 6-) TAX PARCEL ;D #Gaga be obtained at Assessor's Office) I SooZ8 8 000 7) PROJECT DESCRIPTION a) rx?st3ng Uses on Property (including description and size of each separate use) 'o) Pmposed Uses on property (include description and size of each new use and existing uses to remain) CFe ►a era\ cl<P (P c) Total building square footage on property (proposed buildings and existing buildings to remain) a, sa(. 52.' e K � si')'.N, 63'.kAk.A 11 d) weight of buildiing ,& number of floor,- (proposed buildings and existing buildings to remain, syecifv ifbase rent and mezzanine) .t � lop iL e x ; 5 •i 10-1; 1 A, k4 A Pere x: A, 15 � I g e) i'Ttirn� er of residential units (if applicable, new units and existing units to remain) Q I iA f, Nuu- ber of1 employees�7& company -vehicles (existing -and proposed, note office v rsus lion -office eFi7ploveeS) � rXTos.eA - i ht I-c, -rze Q-4.s �) Other (list any other, irfbnnation pernhent to this spplicatidn net specii caliy requested above, please note if Overlay Districts are applicable):14 C oge�o�s� 8) LOT COVERAGE a.) Building :sting I ► % Proposed I i b) Overall (building, pare outside storage, etc) Exi�sting `i 8 % Proposed y $ % c) Front ;card _(along each street) Existing 30 ON Proposed 3D % 9) COST ESTIMATES a) Eaiiding (including interior renovations): w ') Landscaping: $ 'Z , coo Other site improvements (please list with cost): 10) ES'I3AATED TRAFFIC a.) Average daily trariac for entire property (in and out): 10 — a O _— b) A.&I Peak hour for entire property (in and oast): I O c) P.M.Peak hour for entire property (In and caait): 11) PEAK HOURS RCS OF OPERATION: 9 — $ P M 12) PEAK DAYS OF OPERATION: - M o N 41k,,k wit; J ay v -A� 4 ESTRAATED PROJECT COMPLETION DATE: S I X P l eat1. s A RyL C-�A 1) S1Ty PLAID' Alm FEE A site plan shafl be submitted which shows the information listed on Exhibit A attached. -Five (5) regular sire cc -pies and one reduced copy (11" x 17") of the site plan must be submitted. A site plan application fee shall be paid to the City at the time of submitting the site plan application. (see Exhibit T of this a -1-ed as ;cart of tion has been submitted -and is hereby c-rtifv that ail the information reaues, accurate to the best of my knowledge. Sit-ZA-= OF APPLICANT SIGNATURE OF PROPERTY OWNER Do net write below this line DATE OF SUBT�/HSSIGNI: 3/ D c/ RE-VUEW AUTEORIT",": Ell Development Review Board �6D ector, Planning & Zoning T have reviewed this site nian application and find it to be: XComplete 7 Incornpiete M-0 of Planning & Zoning or Designee Date I'r A j- j7�— -, SITE PLAIT TAIN The following information must be shown on the site plan. Please submit flve' (5) copies and one reduced copy 01 " .. 17") of the site plan. Failure to provide the following information will result in your aprIlication being rejected and a delay in the review before the Development Review Board. • Lot drawn to scale (20 feet scale if possible) • Survey data (distance and acreage) • Contours (existing and finished) • Proposed landscaping schedule (number, variety and size) as required in Section 26.105 of the zoning regulations • Location of streets, abutting grope: des, fire hydrants, emsting buildings, existing landscaping • Existing and proposed curb cuts, pavement, waWvays • Zoning boundaries Number and location of par3dng spaces (,as required under Section 26.25 of the zoning regulations) • Number and location of handicapped spaces (as required under Section 2 6.25' )(a) of the zoning regulations) • Location of septic tanks (if applicable) ,3 Location of any easements • Tot coverage information: Building _footprant, total lot, and Lront yard • 1forth arrow • Niame of person or firm preparing site pian and date • Exterior lighting details (cut sheets). All lights should be down casting and sm''e.ided. • Dumpster locations. (dumpsters must be screened) . c, Bicycle rack as required under Section 26.253 )(b) of the zoning regulations o E Restau=t is proposed, provide number seats and square footage of i'loor area prmAded for patron use but not containing faxed seats APPLICATION FEE New Appi * ation $60.00--1 New :�A_P)P, E] Amendment $35.00-"' * includes $10. 00 recording fee CIS OF SOUTH BURLINGTON APPLICATION FOR CERTIFICATE OF OCCUPANCY/COMPLICANCE The undersigned herewith requests an inspection of the premises indicated below and issuance of a "Certificate of Occupancy/Compliance", pursuant to Section 27.20 of the South Burlington Zoning Regulations. Property Owner: Mailing Address: V-9- �. \1 IooI V,'��u� Property Address: S,1gA,Q AS 966,4 ❑ The work for which a Certificate of Occupancy/Compliance is being requested was completed on 152 cj 3 as authorized under Zoning Permit # ZP-03 -139 dated z v-3 ❑ Home Occupation Request w Prop ty-Owner Signature Date Application received on: jr o 3 Application #CO - 0'3 JS ❑ Temporary Certificate of Occupancy/Compliance will expire on to provide the applicant time to complete the following improvements: o Permanent Certificate of Occupancy/Compliance k1- Oki! ©( use o4lt �ursatu�lt 1rr c'x��rH9 1'�✓w�i� ZP'd,/39 ❑ Application denied for the following reasons: 03 Admi' istrati f icer's Sign Lure Date CITY OF SOUTH BURLINGTON DEPARTMENT OF PLANNING & ZONING 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05403 (802) 846-4106 FAX (802) 846-4101 May z, 2003 Mr. Michael Johnson 8o Midas Drive, LLC 8o Midas Drive South Burlington, VT 05403 RE: Issuance of Zoning Permit and Temporary Certificate of Occupancy 8o Midas Drive Dear Mr. Johnson, This will confirm the following permits issued by the City following the City's condemnation of the strip between the Midas Muffler facility and the office building at 8o Midas Drive: SP-03-o8 Administrative Site Plan Permit issued May I, 2003, authorizing the improvements as shown on the site plans date -stamped received May z, 2003 and prepared by DuBois & King. This Site Plan also authorizes occupancy of the building by a General Office use. ZP-03-139 Zoning Permit issued May z, zoo3. Because of the unusual circumstance of the City's condemnation of the property and the prior City -issued variance governing use of the building, this Zoning Permit specifically authorizes exercise of only those findings of the Site Plan approval related to the occupancy of the building by a General Office use. CO-03-14(T) Temporary Certificate of Occupancy issued May z, 2003 to authorize occupancy a General Office tenant prior to resubmittal of three full-sized site plan drawings no later than May 23, 2003. Please call the office if you have any questions. S incerely, 1 li Beth Hoover, AICP Director of Planning & Zoning CITE" OF SOUTH BURLINGTON APPLICATION FOR CERTIFICATE OF OCCUPANCY/COMPLICANCE The undersigned herewith requests an inspection of the premises indicated below and issuance of a "Certificate of Occupancy/Compliance", pursuant to Section 27.20 of the South Burlington Zoning Regulations. Property Owner: Mailing Address: Property Address: ❑ The work for which a Certificate of Occupancy/Compliance is being requested was completed on as authorized under Zoning Permit # ' ( E ' � i dated i ❑ Ho Occupation Request P perty er Signature Date Application received on: Application #CO - Q Temporary Certificate of Occupancy/Compliance will expire on i r�o provide the applicant time to complete the following improvements: o Permanent Certificate of Occupancy/Compliance ❑ Application denied for the following reasons: (: �yKzi Adi-ninistrative'Officer's Signature Date May. 2- 2003 2 : 0 4 P M Vermont Federal Credit Union No-1979 P- 1 V041 N7' FEDERAL CREDIT UNION LETTER OF CREDIT Vermont Federal Credit Union PO Box 36 Burlington, VT 05402-0036 DATE- May 2, 2003 APPLICANT Eighty Midas Drive, LLC 80 Midas Drive South Burlington, VT 05403 BENEFICIARY AMOUNT: $3,700 City of South Burlington South Burlington, VT 05403 Purpose: To secure all proposed landscaping referenced on the site plan for Eighty Midas Drive as stated in the findings of fact and conditions of approval from the City of South Burlington.. We hereby issue this irrevocable letter of credit to the City of South Burlington The Vermont Federal Credit Union PO Box 36 Burlington, VT 05402-0036 AUTHMZED SIGNATURE 1SSUI.N,alIANK R )bert Cowie Vice President of Membjrvice and Marketing • 84 Pine Street (100 Financ.61 Plazki) • Post Office Box 407 - Burlington, Vermont 0.5402-0407 • Telephone (802) 658-0225 • (898) 252-0202 • Fix (802) 658-9628 • Email vtfcu@vtfcu..org - 04/04/2003 17:12 802-658-5685 DOREMUS KANTOR PAGE 02 CITY CLERK'S OFFICE , WARRANTY DEED Received 2 at// U0 Recorded in o1. on qqOf So. Burlington Land Records ttet- KNOW ALL PERSONS BY THESE PRESENTS, that it" �� Don BRASSARD AUTOMOTIVE SERVICES, INC., a uerrmontS. Kinvil(e, City Clark Corporation with its principal place of business in Essex Junction, County of Chittenden and State of Vermont, Grantor, in consideration of the sum of Ten and More Dollars, paid to its full satisfaction by EIGHTY NUDAS DRIVE, LLC, a Vermont Limited Liability Company with a place of business in South Burlington, County of Chittenden and State of Vermont, Grantee, by these presents, does freely GIVE, GRANT, SELL, CONVEY AND CONFIRM unto the said Grantee EIGHTY MIDAS DRIVE, LLC and its successors and assigns forever, a certain piece of land in the City of South Burlington, County of Chittenden and State of Vermont, described as follows, viz: Being a parcel of land, together with commercial building and all improvements thereon, said parcel depicted as "PARCEL t#2 23738.8 SF 0.54 ACRES" on a Plan entitled "COXDEMI�ATION FOR HIGHWAY PURPOSES Across a Portion of the Lands of BRASSARD AUTOMOTIVE SERVICES, INC. 1-3 Midas Drive South Burlington, Vermont" dated January, 2003, prepared by DuBois & King, Inc. and recorded in Map Volume 495, Page 198 of the South Burlington City Land Records. Said lands and premises are a portion of the lands and premises conveyed to Brassard Automotive Services, Inc. by Warranty Deed of Genevieve E. Morgan, dated July 27, 1978 and recorded in Volume 142, Page 416 of the South Burlington City Land Records. In addition hereto, Grantor conveys any and all rights to compensation, in lieu of monetary compensation, if any, as described under Corr pensation of the Condemnation Report issued by the City of South Burlington City Council at its hearing held on March 17, 2003, dated March , 2003 and recorded in Volume , Pages of the South Burlington City Land Records, to the Grantee herein, and described more particularly in Section 3 of the Order issued by the City of South Burlington City Council at its hearing held on March 17, 2003, as follows.. "Beginning at a 4" x 4" concrete monument located at the southeasterly corner of the Brassard Automotive Services, Inc. property known and numbered as 60-80 Midas Drive, thence