HomeMy WebLinkAboutSD-18-28 - Supplemental - 1580 Dorset Street (45)DECLARATION OF PLANNED COMMUNITY
FOR
LEDGEWOOD ESTATES
Dated as of _______________, 2018
DE CLA RA T IO N O F PLANNED CO M M UNITY
F OR LEDGEW O OD ESTA T E S
T his Declaration of Planned Comm unity fo r Ledgewood E states (the “Declaration”) is m ade by
JJJ South Burlington, LLC, a Verm ont lim ited liability com pany with a place of business in E ssex, in
the County of Chittenden and State of V erm ont (the “Declarant”).
B ac k ground
1.Declar a nt is the owner in fee sim ple of two (2) parcels of land, together with all
easem ents, rights, appurtenances, and im provements thereto, described in Exhibit “A ” attached hereto
(the “Property”).
Parcel 1 is a parcel of land containing 30 acres, more or less, in South Burlington,
Verm ont, depicted as Lot #1 on a plan of land entitled, “Portion of the Lands of E rnest N. Auclair, off
Hinesburg R oad, South Burlington, VT, Subdivision Plat”, prepared b y Button Professional Land
Surveyo rs, PC, dated October 7, 2005, last revised January 19, 2006, and recorded in Map Slide 478 of
the City of South Burlington Land Records.
Parcel 2 is a parcel o f land containing 35.48 acres, m ore or less, in South Burlington,
Verm ont, known as Com m on C as originally depicted on a plan of land entitled, “The Cider Mill, South
Burlington, Verm ont, O verall Subdivision Plat”, Sheets 1 of 4 through 4 o f 4, prepared by B utton
Professional Land Surveyors, PC , dated A pril 23, 2003, last revised April 19, 2007, and recorded in M ap
Slide 496 at Pages 5-6 and M ap Slide 497 at Pages 1-2 of the City of South Burlington Land Records,
2.Declarant intends to establish a comm on interest comm unity on the Property in one or
m ore phases, substantially a s depicted on a tw o-sheet set of Site Plans entitled, “Cider M ill - Phase II,
Site Plan (South)”, prepared by O ’Leary-B urke C ivil A ssociates, PLC, dated O cto ber 5, 2013, last
revised M ay 29, 2018, and recorded in M ap Slide _____ at Page _____ of the City of South Burlington
Land Records, and “Cider M ill - Phase II, Site Plan (North), prepared by O’Leary-B urke Civil
Associates, PLC, dated O ctober 5, 2013, last revised M ay 29, 2018, and recorded in M ap Slide _____
at Page _____ of said Land Records (collectively the “Site Plan”).
3.T he Property has received permits and approvals fo r the subdivision and developm ent
of sixty-six (66) lots designated as Lots 1 through 66 on the Site Plan, which are designed fo r use and
occupancy as single family hom es (the “Lots”), seventy-six (76) condom inium units designated as Units
67 through 142 on the Site Plan, which are designed for use and occupancy as single family homes (the
“Condom inium U nits”), and open space parcels designated as Comm on E lements, Undeveloped Space
and Neighborhood Park Land on the Site Plan.
NOW, THERE FORE ,
Declarant hereby m akes and executes this D eclaration of Planned Com munity for the purposes
stated herein and upon the following term s and conditions.
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ARTICLE 1
Submission; Defined T erms
Section 1.1.Subm ission. Declarant hereby submits the Property to this D eclaration and to
the provisions of T itle 27A V.S.A. §§ 1-101 et seq., known as the Verm ont Comm on Interest O wnership
Act (the “Act”), and hereby creates with respect to the Property a planned comm unity to be known as
“Ledgewood Estates” (the “Planned Com m unity”) which shall be held, sold, transferred, conveyed, used,
occupied, m ortgaged, or o therwise encum bered subject to the reservations, covenants, conditions,
restrictions, ease m en ts, assessm ents and liens hereinafter set forth w hich are for the purpose of
protecting the value and desirability of the Property, and which shall run w ith the title to the Property,
and which shall be binding on all parties having any right, title or interest in or to the Property or any
part thereof, and their respective heirs, legal representatives, successors and assigns, and shall inure to
the benefit of each and every owner of all or any portion of the Property.
Section 1.2.Definitions. E ach capitalized term used herein without definition shall have the
m eaning specified in this D eclaration or the Bylaws of Ledgewood Estates Hom eowners A ssociation,
Inc. (the “Bylaws”), or if not otherwise defined in this Declaration or the Bylaws then as defined in the
Act.
(a)“Act” m eans the Verm ont Com mon Interest Ownership Act, 27A V .S.A. §§ 1-101 et seq.
(b)“Allocated Interests” m eans the C om mon E xpe nse Liability and the votes in the
Association.
(c)“Assessment” m eans the am ount assessed against the Ow ner of each Lot and
Condom inium Unit from time to tim e by the Association described below in the m anner provided herein.
(d)“Association” means Ledgewood Estates Hom eowners A ssociation, Inc., a Vermont non-
profit corporation or gan ized under § 3-101 of the Act. The ownership of each Lot and each
Condom inium Unit shall include one m em bership in the Association.
(e)“Board of D irectors” m eans the Board of Directors of the Association charged with the
m anagem ent and operation of each respective association, being the E xecutive Board as defined in the
Act.
(f)“Bylaws” m eans the Bylaws of the Association, as am ended from tim e to time.
(g)“Com mon Elements” means all portions of the Property that are owned or will be ow ned
or leased by the Association and all appurtenances thereto, other than the Lots and C ondom inium U nits.
(h)“Com mon Expenses” means the expenditures m ade by o r fi nancial liabilities of the
Association and any allocations to reserves.
(i)“Com m on Expense Liability” m eans the liability for Common Expenses allocated to
each Lot or C ondom inium Unit pursuant to § 2-107 of the Act.
(j)“Condominium ” means collectively both the Carriage H om e C ondom inium consisting
of thirty (30) units in thirty (30) carriage hom e buildings located on Condom inium Units 67 through 82
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and Units 87 through 100 as shown on the Site Pla n, to be declared by separate Declaration of
Condom inium, and the Tow nhom e C ondom inium consisting of fo rty-six (46) units in twenty-three (23)
duplex buildings located on Condom inium Units 83 through 86 and 101 through 142 as shown on the
Site Plan, to be declared by separate Declaration of Condom inium .
(k)“Condom inium Units” m eans collectively both the thirty (30) Carriage Hom e
Condom inium Units and the fo rty-six (46) Townhom e Condom inium U nits. T he ownership of each
Condom inium Unit shall include, and there shall pass w ith each Condom inium Unit, as an appurtenance
thereto, m em bership in the Association.
(l)“D eclarant” means JJJ South Burlington, LLC , and its successors and assigns.
(m )“Declaration” means this D eclaration of Planned C om m unity for Ledgewood E states,
as it m ay be am ended from time to tim e, and includes all of the Exhibits hereto.
(n)“Development Rights” m eans any right or com bination of rights reserved by Declarant
in this Declaration to create Lots, C ondom inium Units, Comm on Elem ents or Lim ited C om m o n
E lements within the Planned Com munity, to subdivide Lots or convert Lots into C om mon Elem ents, or
to add or withdraw real estate from the Planned Com munity. Declarant’s D evelopm ent R ights include
the Special Declarant R ights defined in the Act.
(o)“Dwelling” m eans the single-fam ily residential structure, including garage, which is
located on a Lot.
(p)“First M ortgagee” m eans the holder of any first m ortgage lien or the beneficiary under
any first deed of trust encum bering a Lot or Condom inium U nit. The term “mortgage” includes both
m ortgages and deeds of trust.
(q)“Institutional”, as used in conjunction w ith “Lender”, “Holder”, “M ortgagee” or “First
M ortgagee”, m eans com m ercial and savings banks, savings and loan associations, trust com panies and
established m ortgage com panies, insurance com panies, private m ortgage insurance com panies, pension
funds, any corporation, including a corporatio n of or affiliated with the State of Verm ont or United
States governm ent, including, without limitation, the Verm ont E conom ic Developm ent Authority a nd
its affiliates, or any federal credit unions, and other entities or agencies chartered under federal or state
laws.
(r)“Lim ited Com mon Elem ents” m eans a portion of the Com m on E lements allocated fo r
the exclusive use or one or m ore, but less than all, of the Lots or C ondom inium Units.
(s)“Lot” m eans a portion of the Property, other than the Com m on E lem ents and
Condom inium Units, intended for individual ownership and use for a single fam ily hom e permitted in
this Declaration, being the sixty-six (66) Lots depicted as Lots 1 through 66 on the Site Plan. E ach Lot
shall contain one (1) Dw elling only. The ownership of each Lot shall include, and there shall pass with
each Lot as an appurtenance thereto, membership in the Association. Each Lot shall, for all purposes,
constitute real property which may be ow ned in fee sim ple and which may be conveyed, transferred or
encum bered in the same manner as any other real property.
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(t)“O wner” means D eclarant or an other p e rso n wh o owns a Lot or Condominium Unit,
but does not include a person having an interest in a Lot or Condom inium U nit solely as security for an
obligation. D eclaration is the Owner of any Lot or Condominium Unit created by this Declaration until
sold or conveyed to a third party.
(u)“Planned Com m unity” m eans Ledgewood Estates, a com m on inter e st com m unity in
which portions of the real estate are designated for separate ownership by the Owners and the rem ainder
of the real estate is designated fo r ownership by the A ssociation.
(v)“Property” m eans the real property, together with all appurtenant easem ents and any
improvem ents located thereon, w hich is declared and subjected to this D eclaration by incorporation in
the description set forth in Exhibit “A”, as amended from tim e to time.
(w)“Rules and R egulations” m eans the provisions and limitations prom ulgated from tim e
to tim e by the B oard of Directors governing the use of the Comm on E lements, Lots and Condom inium
Units.
(x)“Site Plan” m eans th e t w o-sheet set of Site Plans entitled, “Cider Mill - Phase II, Site
Plan (South)”, prepared by O’Leary-B urke Civil Associates, PLC, dated O ctober 5, 2013, last revised
M ay 29, 2018, and recorded in M ap Slid e _____ at Page _____ of the City of South B urlington Land
Records, and “C ider M ill - Phase II, Site Plan (North), prepared by O’Leary-Burke Civil Associates,
PLC, dated October 5, 2013, last revised May 29, 2018, and recorded in M ap Slide _____ at Page _____
of said Land Records.
(y)“Unit” m eans a physical portion of the com m on in te rest comm unity designated for
separate ownership or occupancy. A U nit m ay e ither be a “Condominium Unit” or a “Lot” as defined
herein.
ARTICLE 2
P lanned C omm unity Property
Section 2.1.Property. T he Property consists of all and the sam e land and prem ises, together
with im provements thereon, and all easem ents and rights appurtenant thereto, as described in E xhibit
“A” and as depicted on the Site Plan.
Section 2.2.Description of Planned Community. As of the date hereof, Declarant intends to
develop the P ro perty as a Planned C om m unity consisting of sixty-six (66) single family Lots and
seventy-six (76) C ondom inium Units, for a total of one hundred forty-two (142) Units substantially a s
depicted on the Site Plan. One D welling may be constructed on each Lot fo r use and occupancy as a
residence.
Section 2.3.Bou nd a ries. T he boundaries of the Lots shall be the Lot lines depicted on the
Site Plan. T he low er and upper boundary of each Lot shall be determ ined by com m on law principles
for the fee sim ple ownership of real property. If any pipe, wire, conduit, bearing wall, bearing colum n,
or any other fixture lies partially w ithin and partially outside the designated b ou nd a ries of a Lot, any
portion serving only that Lot is a Limited C om m on Element allocated solely to that Lot, and any portion
of it serving more than one Lot or any portion of the Common Elements is a part of the C om m on
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E lem ents. T he boundaries of the Condom inium Units are defined in each respective D eclaration of
Condom inium.
E ach Lot and Condominium Unit shall have the burdens and the benefits of the easem ents set
forth in Article 5 herein.
ARTICLE 3
Common Elements
Section 3.1.Lim ited C om mon E lements.
(a)A “Lim ited Com mon E lement” is a portion of the Comm on Elem ents allocated for the
exclusive use of one (1) or m ore than one (1), but fewer than all, of the Lots or C ondom inium Units.
(b)All fixtures or im provements designated to serve, attached to, or adjacent to a Lot, but
located outside the Lot’s boundaries, are Lim ited C omm on E lements allocated exclusively to that Lot
to which they are appurtenant. E xcept as otherwise p ro vi ded herein, any expense for m aintenance,
repair or replacement relating to the Lim ited Com m on Elem ents shall be treated as and paid for as part
of the Common Expenses.
Section 3.2.Com m on Elem ents.
(a)T he “C om m on Elem ents” include the Limited Common Elements and consist of all the
Property and the improvem ents thereon and appurtenances thereto described in Exhibit “A” and depicted
on the Site Plan e xcep t t he Lots and C ondom inium Units that will be owned by the Owners of the
respective C ondom inium Units and will be m aintained by the C ondom inium Associations as com m on
elements of the Condom inium .
(b)E xcept as otherwise set fo rth herein as to the use of the Lim ited Com m on Elem ents, the
Com mon E lements shall rem ain undivided and shall be devoted to the com mon use and enjoym ent of
all Owners. No Owner or any other person shall m aintain any action for partition or division thereof,
unless the Property has been rem oved from the provisions of this Declaration pursuant to the Act.
(c)E ach Ow ner may use the Comm on E lem ents in accordance with the purposes for which
they were intended without hindering o r encroaching upon the lawful rights of other O wners. Use of
the Com mon E lem ents shall be subject to the lim ita ti on s set forth herein for the use of the Lim ited
Com mon E lements and to the R ules and Regulations regarding the use thereof as shall be established
from tim e to time by the Board of D irectors.
(d)T he Com m on E lem ents include, w ithout lim itation:
(i)T he open lands depicted as Western Undeveloped Space, Northeastern Future
Developm ent, Mid Site Open Space and Neighborhood Park Land on the Site Plan.
(ii)A ll easem ents, restrictions and other encum brances included with the Property
as described in E xhibit “A” or depicted on the Site Plan.
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(iii)U tility lines, equipm ent and other im provem ents serving the Property or serving
m ore than one (1) Lot or Condom inium U nit.
(iv)A ll roads, water mains, water pum p stations, sew er lines and fo rce m ains, sewer
pum p stations, the stormwater drainage system located on the Property, including drains, catch basins,
closed lines and detention ponds, the recreation/bike paths, open lands, fences, trees, shrubs, landscaping
and other site im provem ents located on the Property, until all or such portions of w hich are accepted by
the City of South Burlington as public improvem ents.
(e)T he Com m on E lem ents do not include Condom inium U nits 67 through 82 and 87
through 100, which w ill be ow ned by the Ow ners of the Carriage Home Condominium Units as tenants
in comm on and m aintained, repaired and replaced by the Carriage Hom e C ondom inium Association,
all as more particularly described in the Carriage Hom e Condominium Declaration, nor Condom inium
Units 83 through 86 and 101 th ro ugh 14 2, wh ich will be ow ned by the Ow ners of the Townhom e
Condom inium Units as tenants in comm on and m aintained, repaired and replaced by t he T ow nhome
Cond om inium Association, all as m ore particularly described in the Townhom e C ondom inium
Declaration.
Section 3.3.Allocated Interests. Each Lot and each Condom inium Unit will be assigned one
(1) of the one hundred forty-tw o (142) m em berships in the A ssociation, one (1 ) fo r each Lot and
C ondom inium Unit. Each Lot and Condom inium Unit shall have a 1/142nd Allocated Interest in the
Association. Except as otherwise set forth herein for the redetermination of the A llocated Interest by
Declarant upon the filing of an amendm ent to this D eclaration to exercise Developm ent Rights and/or
Special Declarant Rights, the Allocated In terest shall be of a p e rmanent character and m ay not be
changed without the consent of all Owners. A Lot’s and C ondom inium U nit’s A llocated Interest shall
be determ inative of all m atters under the Act, this D eclaration and the Bylaws which are properly
determined by reference to th e A llocated Interest, including, but not lim ited to the weight of each
Owner’s vote for Association purposes and the allocation of Com m on Expenses. In the event Lots or
Condom inium Units are added to the Planned Com m unity, the A llocated Interests shall be adjusted by
a formula defined as a fraction, the num erator of w hich shall be one (1) and the denominator of w hich
shall be the total num ber of Lots and Condom inium U nits in the Planned Com munity.
ARTICLE 4
O ccupancy and Use Restrictions
Section 4.1.U se of Lo ts and Condom inium U nits. Lots and Condom inium Units shall be
used for residential purposes only, and no trade or business of any kind may be carried on therein, except
hom e occupations allow ed by m unicipal bylaws, leases for residential purposes provided such leases are
for a minimum term of six (6) m onths, and as otherw ise provided in the Declaration and Bylaws.
T he occupancy of each Lot and Condom inium Unit is subject to and benefitted by all easem ents,
restrictions and permits of record, as depicted on the Site Plan and as described in E xhibit “A”.
Section 4.2.Alteration of Lots. An Ow ner m ay make improvem ents or alterations upon a Lot
provided such improvem ents do not impair the Comm on E lem ents, Lim ited Com m on E lem ents, or
infrastructure or utilities within any portion of the Planned C om m unity, and provided prior w ritten
approval has been obtained from D eclarant or the Board of Directors as provided herein. Other than the
construction of Dw ellings and related im provem ents on the Lots, no structural improvem ents may be
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m ade to the Comm on Elem ents or any other portion of the Planned Com m unity by any O wner without
the prior written approval of the B oard of Directors. N o Lots may be further subdivided by Ow ners.
T he term s relating to the alteration of Condom inium Units are described in the applicable Declaration
of Condominium .
T he boundaries between adjoining Lots may be relocated only in accordance w ith the term s and
requirem ents of § 2-112 of the Act.
Section 4.3.Decla ra nt’s Reservations. Declarant reserves the right to use or m aintain any
portion of the Property as a sales office, m anagem ent office and m odel and for signs until such tim e as
Declarant has conveyed title to all of the Lots an d Condominium Units to third party Owners. T he
Owners and the Association shall not interfere with Declarant’s efforts to com plete the im provements
to the Property, including the construction of additional Dwellings, Lots and Condom inium Units, or
to market and sell Units, or with D eclarant’s exercise of any D evelopm ent R ights reserved herein.
Section 4.4.State and M unicipal Laws. E ach Ow ner shall com ply with all applicable permits,
codes, laws, ordinances, rules and regulations of the State of Verm ont and City of S ou th Burlington
affecting the use of the Lots, Condom inium Units and Com mon Elem ents.
Section 4.5.Interference With O t her s. N o Lo t or Condominium Unit shall be used or
m aintained in a manner which shall interfere with the com fo rt or convenience of occupants of other Lots
or Condom inium Units or contrary to the Bylaws or the Rules and Regulations.
ARTICLE 5
Easem ents
Section 5.1.Easem ent For Access. Each Owner is hereby granted an easem ent, in com m on
with Declarant and every other Owner, in all Com m on E lem ents for ingress and egress, inclu din g all
roadways show n on the Site Plan until the same are accepted by the City of South Burlington as public
roadways, for utility service and the support, m aintenance and repair of each Lot and Condominium
Unit, subject to such reasonable R ules and R egulations of the A ssociation. E ach Lot and Condom inium
Unit is hereby benefitted by an easem ent in com m on with others for ingress and egress through and over
all Com mon E lements by persons lawfu lly using or entitled to the sam e. Such easem ents and rights are
subject to the lim itations upon the use of the Limited C om m on Elements as otherwise set fo rth herein.
Section 5.2.Easem ent For Com pletion; U tilities. Declarant, for itself and its successors and
assigns, reserves the right to grant and reserve easem ents and rights of way: (a) through, under, over and
across the Com mon E lem ents, Lots and Condom inium Units owned by D eclarant for the installation,
m aintenance, repair, replacem ent and inspection of lines and appurtenances fo r public or private sew er,
water, drainage, gas, electricity, telephone, television and other utility services to the Lots and
Condom inium Units; (b) for the purpose of com pleting the construction of the Dwellings, Condom inium
Units and other im provem ents on the Property; (c) fo r the purpose of erecting, m aintaining and rem oving
signs advertising Lots and Condom inium Units for sale or lease within the Property; and (d ) through,
under, over and across the Comm on E lem ents, Lots, a nd Condom inium Units for the m aintenance,
repair, replacem ent and inspection of the storm w a te r, w ater and sewer system s for the Property,
including the sewer pum p station, w hich easem ents shall be fo r the benefit of the Association after the
period of Declarant control described herein.
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Section 5.3.Easem ent For Support. Each Lot, Condom inium Unit and the Common Elements
shall have an easem ent for lateral and subadjacent support from every other Lot, Condom inium U nit and
the Com mon E lements.
Section 5.4.Additional Easem ents. T he B oard of Directors of the Association shall have the
power (w it hout subm itting the sam e to the Ow ners for approval) to authorize the appropriate officers
of the Association to execute any and al l e asements as it m ay deem desirable for the benefit of the
Planned Com munity over, under, above or through any of the C om m on Elements for such purposes and
upon such term s and the Board of Directors, in its sole judgm ent, deem s desirable; provided, however,
that all such easements shall be subordinate to the liens and rights of all m ortgages and deeds of trust
recorded prior in tim e thereto unless the m ortgagee or trustee shall join therein.
Section 5.5.Upkeep. M aintenance, repair and replacement of the Com m on Elem ents and of
the Lots shall be provided for in this Declaration, the Byla w s o f th e Association and the Act.
M aintenance, repair and replacem ent of the Condominium Units and the com m on elem ents within each
Condom inium are described in the applicable Declaration of Condom inium. E ach Owner shall afford
to the Association and the other O wners, and to their agents or em ployees, access across his or her Lot
or Condom inium Unit reasonably necessary for those purposes. If damage is inflicted on the Comm on
E lements or any Lot or Condom inium Unit through w hich access is taken, the Owner responsible for
the dam age, or the A ssociation if it is responsible, shall promptly repair such dam age.
ARTICLE 6
Damage or Destruction
Section 6.1.D uty to R estore. Any portion of the Property for which insurance is req uire d
under 27A V.S.A . § 3-113, or for which insurance carried by the Association is in effect, whichever is
m ore extensive, shall be repaired or replaced prom ptly by the Association unless:
(a)T he Planned Com m unity is term inated, in which case § 2-118 of the Act shall apply;
(b)Repair or replacem ent would be illegal under any state or local statute or ordinance
governing health or safety; or
(c)E ighty percent (80%) of the Owners vote not to rebuild.
Section 6.2.C ost. T he cost of repair or replacem ent in excess of insurance proceeds shall be
a Com m on Expense.
Section 6.3.Election Not to Rebuild. If the entire P lanned Com munity is not repaired or
replaced:
(a)T he insurance proceeds attributable to the dam aged Com mon E lem ents shall be used to
restore the damaged area to a condition com patible with the remainder of the Planned C om m unity; and
(b)E xcept to the extent that other persons will be distributees: (i) the insuran c e pr oc e e ds
attributable to Lim ited Comm on E lements which are not rebuilt shall be distributed to the O w ner s of
the Lots or Condom inium Units to which those Lim ited C om m on E lem ents w ere allocated, or to
lienholders, as their interests m ay a ppear, in proportion to the C om m on E xpense Liability of a ll of the
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Lots or C ondom inium Units; and (ii) the re m a ind e r of the proceeds shall be distributed to all of the
Owners or lienholders, as their interests m ay appear, in proportion to the C om m on Expense Liability of
those Lots and Condom inium U nits.
ARTICLE 7
Termination; C ondemnation
Section 7.1.Requirem ents For Term ination. T he Planned Com m unity m ay be term in a ted
only by the recorded agreement of the Owners to which at least eighty percent (80%) of the votes in the
Association are allocated and only in acco rd a nce w ith and subject to the provisions of § 2-118 of the
Act.
Section 7.2.C ondemnation. If all or a part of the Planned Comm unity is taken by any power
having the authority of em inent domain, all com pensation and dam ages arising from such taking shall
be payable in accordance w ith § 1-107 of the Act.
ARTICLE 8
Insurance
Section 8.1.Casualty Insurance. In order to ensure that sufficient reconstructi on or repair
funds, or both, will be available to the Association if and when n eeded, the Board of D irectors shall
o btain insurance for the Com mon E lements and Limited C om m on Elements on the Property, in such
amounts as it shall determ ine, to provide not le ss th an one hundred percent (100%) of the current
replacem e nt value (exclusive of foundations, land, excavations and other item s that are norm ally
excluded from such insurance coverage) in the event of dam age or destruction from the casualty against
which insurance is obtained. Such insurance sh a ll protect against fire and all other hazards or perils
customarily covered and the proceeds of such insurance shall be used only for the repair, replacem ent
and reconstruction of the C om mon Elem ents unless determ ined otherw ise in accordance with A rticle
6. T he Board of Directors m ay elect such endo rsem ents and deductible provisions as are, in its
judgm ent, consistent w ith good business practices and the purpose for w hich the insurance is bought.
Any such policy shall provide that it cannot be canceled or substantially changed, except upon at least
ten (10) days written notice to the insured.
T he casualty insurance requirem ents fo r the C ondom inium Units are described in the applicable
Declaration of Condom inium .
Section 8.2.Liability Insurance. T he Board of D i re c tors o f the Association shall also
p urc hase broad form com prehensive liability coverage in such am ounts and in such fo rm s as prud e nt
m anagem ent p ractices suggest. A policy shall provide that it cannot be canceled or substantially
changed, except upon at least ten (10) days written notice to the insured.
Section 8.3.O ther P ro vision s. Insurance policies carried pursuant to this Section sh a l l
provide that:
(a)E ach Owner is an insured person under the policy to the extent of liability, if any, arising
out of his or her interest in the Com mon E lements or m embership in the Association.
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(b) T he insurer waives its rights to subrogation und er th e p olicy again st any Ow ner or
m em ber of his or her household.
(c)No act or om ission by any O wner, unless acting within the scope of his or her authority
on behalf of the Association, will void the policy or be a condition to recovery under the policy.
(d)If, at the tim e of a loss under the policy, there is other insurance in the nam e of an Owner
covering the sam e risk covered by the policy, the Association’s policy provides primary insurance.
Section 8.4.Fidelity C overa ge . T h e Associatio n m ay obtain fidelity coverage against
dishonest acts on the part of the Board of D irectors, m anagers, employe es and volunteers responsible
for handling funds belonging to or adm inistered by the Association in such am ounts and in such forms
as prudent m an a ge m e nt p ractices suggest. A ny policy shall provide that it cannot be canceled or
substantially changed, except upon at least ten (10) days written notice to the insured.
Section 8.5.Premiums. Premiums and expenses for all in sur an c e a nd fidelity coverage
purchased by the A ssociation shall be C om m on E xpenses. Wh e re insurance prem ium s are increased
as a result of increased risk attributable to a particular Lot or C ondom inium Unit, the Owner of the Lot
or Condom inium Unit at issue shall be responsible for the increase, based upon the insurance carrier’s
appraisal of risk inherent to said Lot or Condom inium U nit. A levy m ade against a Lot or C ondom inium
Unit for an increase in prem ium s m ay be enforced in the same manner as Com mon E xpenses.
Section 8.6.Separate Insurance. T he Owner of each Lot shall be responsible for obtaining,
at his or her own expense, separate casualty and liability insurance for his or h e r ow n Lot and the
Dwelling constructed thereon. N o insurance purchased by the Association shall in any way prejudice
the right of each Owner of a Lot to obtain insurance for his or her own Lot and the Dwelling thereon for
his or her own benefit, nor shall the insurance purchased by the Owner prejudice the A ssociations’ rights
and protection under policies purchased by the A ssociation under this D eclaration. All such separate
policies of insurance obtained by an Owner of a Lot shall contain a waiver of subrogation if available.
Insurance requirem en ts for the O wners of the Condominium U nits are described in the applicable
Declaration of Condom inium .
Section 8.7.Adjustm ent; Insurance T rustee. Any loss covered by the Property policy shall
be adjusted w ith the A ssocia tion , but the proceeds for that loss are payable to any insurance trustee
designated in the policy for that purpose, or otherwise to the Association, in either case to be held in trust
for the Association, each Ow ner and such Owner’s m ortgagee, as their interests m ay appear.
ARTICLE 9
The A ssociation
Section 9.1.Authority. The business affairs of the Planned C om m unity shall be m anaged by
the Association. The A ssociation shall be governed by the Bylaw s, a co py of which is attached as
E xhibit “B ”, as they may be am ended from tim e to tim e.
Section 9.2.Membership.
(a)E ach Owner shall be assigned one (1) appurtenant and indivisible m em bership in th e
Association which m ay n ot be assigned, hyp othecated, pledged or transferred in any m anner except as
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an indivisible appurtenance to the Lot or Condominium Unit. M ultiple or joint Owners of a single Lot
or Condom inium Unit shall be treated for all pu rposes as jointly owning and holding the one (1)
m em bership appurtenant to that particular Lot or Condominium Unit.
(b)A m em bership appurtenant to a Lot or Condom inium Unit shall be initiated by either:
(i) t he r e c or ding of a deed in the City of South Burlington Land Records conveying a Lot or
Condom inium Unit to a purchaser; or (ii) the issuance of a certificate of occupancy by the City of South
Burlington for a D welling constructed on a Lot or Condom inium U nit, whichever sooner occurs. Once
a membership is initiated, liability for Com mon Expenses shall automatically com m ence. M em bership
in the Association shall be owned and held by each Ow ner, including Declarant with respect to unsold
Lots or Condominium Units.
(c)T he num ber of m em berships in the Association shall autom atically increase if additional
Lots or Condominium Units are declared and subjected to this Declaration. No m em bership rights or
liability for Com mon Expenses shall be allocated or attributed to a Lot or Condom inium Unit until the
Lot or Condom inium Unit is either sold by Declarant to a third party or has been issued a certificate of
occupancy.
(d)Liability for C om m on Expenses shall be assessed am ong the Owners in accordance w ith
their Allocated Interest, unless altered as hereinafter set forth in Section 9.6.
Section 9.3.Voting Rights. In itially there shall be tw o (2) c la sses of m em bership in the
Association: voting m e m berships and non-voting m em berships. A voting m em bership shall be any
m em bership owned and held by Declara nt as an Owner. A non-voting m embership shall be any
m em bership owned and held by any Owner other than Declarant. All m em berships in the A ssociation
shall autom atically becom e voting m em berships: (a) sixty (60) days after the sale by Declarant of
seventy-five percent (75%) of the proposed one hundred forty-two (142) Lots and C ondom inium Units
in the Planned Com m unity; (b) two (2) years after D eclarant has ceased to offer Lots and Condominium
Units for sale in the ordinary course of business; (c) two (2) years after the exercise of any D evelopm ent
Right to add new Lots or C ondom inium Units; or (d) upon D eclarant am ending the Bylaw s to m ake all
m em berships voting m em bership s, w hichever is the first to occur. T hereafter only one (1) class of
voting membership shall exist. Notwithstanding the foregoing, non-voting m em berships shall be entitled
to vote on those m atters identified in the Act upon w hich O wners m ay vote during the period of
Declarant control.
When a m em bership is a voting m em bership, each Ow ner, or one (1) of the Owners if record title
in a Lot or Condominium U nit is held by m ore than one (1) person, shall be entitled to vote in any
m eeting of the membership.
Section 9.4.Boar d of Directors. T he initial Board of Directors of the Association shall be
three (3) in num ber and shall be appointed by Declarant acting in its sole discretion and shall serve at
the pleasure of D eclarant so long as Declarant retains control of the A ssociation. Notw ithstanding the
foregoing, at least twenty-five percent (25%) of the m em bers of the Board of D irectors shall be elected
by Owners w ho are not D eclarant within sixty (60) days after twenty-five percent (25%) of the Lots and
Condom inium Units are conveyed to Owners (other than Declarant). A t lease thirty-three percent (33%)
of the mem bers of the Board of D irectors shall be elected by O wners who are not Declarant w ithin sixty
(60) days after fifty percent (50%) of the Lots and Condom inium Units are conveyed to O wners (other
than Declarant). After the period of Declarant control (described below), at least one (1) m em ber of the
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Board of Directors shall be an Owner of a C ondom inium Unit and at least one (1) m em ber of the B oard
of Directors shall be an Owner of a Lot.
Section 9.5.Declarant Control. Declarant will convey to the Association m arketable title to
the Com mon E lem ents by standard Warranty Deed(s) and/or Easement Deed(s) for One Dollar ($1.00),
and the Association will accept said title. Said conveyances of title (and the transfer of control of the
Association which m ay or may not be made at the sam e time) shall be m ade: (a) sixty (60) days after
the sale by Declarant of seventy-five percent (75%) of the proposed one hundred forty-two (142) Lots
and Condom inium Units in the Planned C om m unity; (b) two (2) years after Declarant has ceased to offer
Lots or C on dom inium Units fo r sale in the ordinary course of business; (c) tw o (2) years after the
exercise of any Developm ent Right to add new Lots or Condominium Units; or (d) upon the voluntary
relinquishm ent by D eclarant, whichever is the first to occur. A s long as Declarant retains control of the
Associa tion , no person may record any declaration or am endm ent to this Declaration or sim ilar
instrument affecting any portion of the Planned Comm unity without Declarant’s written consent thereto,
and any attem pted recording without com pliance herewith shall result in such or sim ilar instrument
being void and of no fo rce and effect unless subsequently approve d by recorded consent signed by
Declarant.
Section 9.6.M isc e ll a neo us. In addition to any other powers and authority given to t he
Association or its Board of Directors in the Bylaws or in this Declaration:
(a)Com m on Expenses of the Association shall be borne am ong the Ow ners of the Lots and
Condom inium Units in accordance with their Allocated Interest, except that the B oard of Directors may
allocate expenses am ong the Lots and Condominium Units on a different basis if the basis is reasonably
related to the benefits of the servic e s provided. In addition, allocation of expenses to Lots and
Condom inium Units constructed and ow ned by D e c lara nt, but not occupied, may be less than
Assessm ents allocated to Lots and Condom inium U nits which have been conveyed to persons other than
Declarant.
(b)T he Board of D irectors m ay enter into a management agreem ent to operate the affairs
of the Association until such time as all m em berships in the A ssociation becom e voting memberships.
At the tim e all m em berships becom e voting m em berships, any managem ent agreem ent entered into by
Declarant may be term inated by the Association without cause upon giving ninety (90) days notice.
(c)T he A ssociation shall m aintain current copies of this Declaration, the B ylaws and any
Ru le s an d R egu lations concerning the Planned Com munity, as w ell as its own books, records and
financial statem ents. T hese will be available for inspection by Owners or First M ortgagees.
ARTICLE 10
Assessment and C ollection of Common Ex penses
Section 10.1.Definition of Com mon E xpenses. Com m on Expenses shall include:
(a)E xpenses of adm inistration, maintenance and repair or repla c e m e nt of the C om m on
E lements;
(b)E xpenses declared to be Comm on Expenses by the Board of D irectors or by the Act;
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(c)E xpenses agreed upon as Comm on Expenses by the Association; and
(d)Such reserves as m ay be established by the A ssociation, w hether held in trust or by the
Association, for repair, replacem ent or addition to the C om mon Elem ents or any other real or personal
property acquired or held by the Association.
Section 10.2.Assessm ent and Apportionment of Com mon E xpenses. E x c e pt a s otherw ise
provided herein, all Com m on E xp e nses shall be assessed against all Lots and Condom inium Units in
accordance with their Allocated Interest in the Comm on Expenses as set forth in this Declaration. If the
Com mon E xpense Liability is m odified due to a redeterm ination of the Allocated Interests, any
Assessm ents for C om mon E xpenses not yet due shall be recalculated in accordance w ith the m odified
Com mon E xpense Liability.
Section 10.3.Com m on E xpen se s A t t rib utable to Fewer T han A ll Owners. T he fo llowing
expenses may be assessed against less than all of the Owners:
(a)Any Com m on E xpense for services provided by the Association to an individual O wner
at the request of the Ow ner shall be assessed against the Lot or Condom inium U nit which benefits from
such service;
(b)Any insurance prem ium increase attributable to a particular Lot or Condom inium Unit
by virtue of activities or construction of the Lot or Condom inium Unit shall be assessed against that Lot
or Condom inium Unit;
(c)Assessm ents to pay a judgm ent against the Association may be m ade only against the
Lots or C ondom inium Units in the Com mon In terest Com m unity at the tim e the judgm ent was rendered,
in proportion to their C om m on Expense Liabilities;
(d)Any C om m on Expense arising from the m isconduct of an Owner;
(e)Fees, charges, late charges, fines and interest charged against an Owner pursuant to the
Declaration, the Bylaw s, the Rules and Regulations of the Association and the Act are enforceable as
Com mon E xpense Assessm ents;
(f)Any expense incurred by the Board of D irectors and/or the Association on behalf of an
Owner or as a result of an Owner’s fa ilure to perfo rm any of the obligations under Section 11.2(c) hereof
is a Comm on Expense.
Section 10.4.Lien. The A ssociation shall have a statutory lien on a Lot or Condominium Unit
in accordance w ith § 3-116 of the Act fo r any Assessment imposed against an Ow ner.
Section 10.5.B udget A doption and Ratification. Within thirty (30) days after the adoption of
any proposed budget for the Planned Com munity, the B oard of Directors of the A ssociation shall provide
a sum m ary of the budget to all of the O w ners. T he Board of Directors shall set a date, not less than
fourteen (14) or m ore than thirty (30) days after the date the budget summ ary is sent to the Owners, for
a meeting of the Owners to ratify the budget. T he budget shall b e r atified, unless a m ajority of the
Owners rejects the budget, whether or not a quorum is present. If the budget is rejected, the budget last
ratified by the Owners shall be in effect until the Owners ratify a budget proposed by the B oard of
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Directors. If the B oard of Directors votes to levy a Comm on E xpense A ssessment not included in the
current budget, in an am ount greater than fifteen percent (15%) of the current annual operating budget,
the Board of D irectors shall subm it such Com mon Expense to the O wners for notice and ratification in
the sam e manner as a budget under this Section.
Section 10.6.Certificate of Paym e nt of Com mon E xpense Assessments. The Association,
upon written request, shall furnish to an Owner a statem ent in recordable form setting forth the am ount
of unpaid Assessm ents against the Lot or C ondom inium Unit and any other m atters required by § 4-109
of the Act. T he statem ent shall be fu rnished within ten (10) days after the receipt of the request and is
binding on the Association, the B oard of Directors and every Ow ner.
Section 10.7.Paym ent of C om mon Expenses. All Com mon E xpenses assessed under Sections
10.2 and 10.3 shall be due and payable as determined by the Board of Directors. Any past due paym ents
shall accrue interest at the legal rate of twelve percent (12%) per annum .
ARTICLE 11
M aintenance
Section 11.1.Maintenance of Com m on E lem ents. T he Association shall m aintain and keep
in good repair at all tim es the Com mon Elem ents, including, without limitation, the open space areas
and neighborhood park depicted on th e p lan of land entitled “C ider M ill - Phase II, O pen Space
M anagement Plan”, prepared by O’Leary-Burke Civil Associates, PLC, dated October 5, 2013, last
revised May 29, 2018, and recorded in M ap Slide _____ at Page _____ of the City of South Burlington
Land Records (the “Open Space M anagem e nt P l a n”), as Western U ndeveloped Space, Mid Site
Undeveloped Space, Northeastern Undeveloped Space, Northwestern Undeveloped Space, Storm water
Ponds, Unm anaged Open Space, and Neighborhood Park Land, all roadw ays, water lines, sew er lines,
sewer force mains, sewer pum ps, the storm water drainage system , including storm water basins, lighting,
landscaping, utility lines and facilities, and including the Lim ited Comm on E lem ents (other than those
facilities and improvements located within an accepted public right of way), except for such
m aintenance of the Lim ite d Com m on Elem ents as the Board of Directors shall, from tim e to time,
delegate to the Owners appurten a nt thereto and until such tim e as the City of South Burlington shall
accept responsibility fo r all or a portion of such im provements.
T he m aintenance shall be perfo rm ed in a profe ssional m anner custom ary to the respective trade.
In addition, the Association shall have the right, but not the obligation, to maintain property not owned
by the Association where the Board of D irectors has determined that such m aintenance would benefit
the Owners, and the Association shall have the obligation to m aintain such property not owned by the
Association as required by any permit or approval of the Planned Comm unity by any governm ental
agency.
Section 11.2.Open Space M anagem ent Plan. The Com mon E lem ents are subject to an O pen
Space M anagem ent Plan fo r the areas as depicted Open Space M anagement Plan, specifically:
(a)T he areas depicted as Neighborhood Park Land on the Open Space Managem ent Plan
shall be maintained by the Association.
(b)T he areas surrounding the Condom inium s shall be Lim ited Com m on Elem ents as to the
Condom iniums and shall be m aintained by the Association.
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(c)T he areas depicted on the Open Space M anagem ent Plan as Northwestern Undeveloped
Space, N ortheastern Undeveloped Space, Mid Site U ndeveloped Space and W estern Undeveloped
Space, including all wetlands, wetland buffers and adjoining areas shall be left to vegetate naturally and
shall remain open in perpetuity.
(d)T he areas depicted on the Open Space M anagement Plan as Storm water Ponds shall be
m aintained by the Association until such tim e as they are accepted by the City of South Burlington.
(e)T he area depicted on the Open Space M anagement Plan as Undevelope d Sp a c e Fo r
Possible Future Connection to Nadeau Parcel shall be maintained by the Association. How ever,
Declarant reserves a Developm ent R ight to use the space for any future deve lopm ent of the Nadeau
Parcel.
Section 11.3.Maintenance of Lots.
(a)E ach O wner shall m aintain, repair and replace, at his or her own expense, all portions
of his or her Lot and the Dw elling thereon in good repair. Such m aintenance shall be consistent with
this Declaration. In addition, each Owner shall be responsible for paying the real estate taxes assessed
against th e Lot, for insuring the Lot and all improvements thereon, and for maintaining all private
electricity, telephone, cable television and water or sew er pipes, lines, ducts, conduits or other apparatus
which serve only the Lot. However, the Board of Directors m ay, by rule, decide to m aintain any portion
of the Lots.
(b)In addition, each Owner shall be responsible for maintaining, repairing and replacing any
driveway, walkw ay, pipes or utilities located outside a Lot which serve only the Owner’s Lot.
(c)In the event that an Ow ner should fail to perform any obligation required in Subsections
(a) and (b) hereof as m ay be determ ined by the B oard of Directors, then the Board o f D i recto rs may
p ro vide fo r the perform ance of any such neglected obligation by whatever reasonable m eans it m a y
determine in its sole discretion. In case of em ergency as determ ined by the B oard of D irectors, it m ay
act im m ediately, and in all other cases the B oard of Directors m ay act hereunder following thirty (30)
days written notice to the O wner. All expenses incurred by the Association as a result of taking action
under this Section shall be chargeable to the Owner as provided for herein.
(d)T erms and conditions for the m aintenance of the Condom inium Units are described in
the applicable Declaration of Condom inium .
ARTICLE 12
Compliance and Default
Section 12.1.Com pliance. E ach Owner shall be gove rn e d by and with all of the provisions
of this Declaration, the Bylaws, any Rules and Regulations established by the Board of Directors of the
Association, as the same m ay be am ended from tim e to time, and the A ct. In addition to the rem edies
provided by the A ct, the Declaration or the Bylaws, the failure of an Owner to com ply w ith any of said
requirem ents shall entitle the Association, acting through its B oard of Directors or through its agent or
an aggrieved Owner, to the following relief after appropriate notice to the defaulting Owner:
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(a)Liability. A n O wner shall be liab le fo r the expenses of any m aintenance, repair or
replacem ent rendered by the O wner’s act, neglect or carelessness or by that of a ny em ployees, agents,
lessees or other invitees of the Owner. No Owner shall conduct any activity which m ay result in an
increase in insurance rates occasioned by the use, m isuse, occupancy or a ban donm ent of a Lot or
Condom inium Unit or its appurtenances, or of the Com m on E lements.
(b)Fines. T he Board of Directors of the A ssociation shall have the right to impose upon a
defaulting Owner a reasonable fine com m ensurate w ith the severity of the violation of any of the
provisions of the above-referenced docum ents, w hich fine shall becom e a continuing lien against the Lot
or Condom inium Unit of the defaulting Owner, enforceable in the m anner provided by the Act and the
Bylaws.
(c)Injunctions. The Board of D ir e c tors of the Association or any aggrieved O wner shall
have the right or rem edy by appropriate legal proceedings, either at law or in equity, to abate or enjoin
the continuance of any violation of the provisions of the above-referenced docum ents, including, without
lim itation, an action to recover any sum s due for m oney dam ages, injunctive relief, foreclosure of a lien
for paym ent of all Assessments, or any com bination thereof, and any other relief afforded by a court of
competent jurisdiction. Such rem edies shall be deem ed cum ulative and shall not constitute an election
of remedies. The failure of the Association or its Board of Directors to enfo rce any rights, covenants
or conditions of the Planned C om m unity shall not constitute a waiver of the right to enforce such rights,
covenants or conditions in the future. T here shall be and there hereby is created and declared to be a
conclusive presum ption that any violation or breach, or any attempted violation or breach, of any of the
covenants and restrictions of the Declaration or the Bylaws shall so dam age the Planned Com munity and
its property values that it cannot be adequately rem edied by action at law or exclusively by recovery of
damages.
(d)Costs and Attorney Fees. In any proceeding of an alleged failure of an Owner to com ply
with the term s of this D eclaration, th e B ylaw s or the Rules and Regulations of the Association, the
prevailing party shall be entitled to recover the costs of the proceeding and reasonable attorney fees.
Section 12.2.Righ ts o f O w n e rs. Each Own er shall have a right of action against the
Association for failure of the Association to com ply with the provisions of this Declaration, the Bylaw s,
the Rules and Regulations of the Association or the decisions m ade by the Association.
Section 12.3.Waiver. No provision of this Declaration shall be deemed to have been w aived
by reason of any failure to enforce regardless of the occurrence of violations or breaches from time to
tim e.
ARTICLE 13
Declarant’s Reserved Developm ent Rights
Section 13.1.E a se m e nt For Com pletion. For so long as Declarant ow ns any interest in the
Property, including reserved Development Rights, Declarant hereby reserves for itself, and its successors
and assigns, easem ents, rights of way and licenses, and the right to grant easem ents, rights of w ay and
licenses to others, over, under, across and through all of the Property (other than Lots or Condominium
Units which have been sold by Declarant to Owners) for the purpose of:
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(a)Com pleting the im provements to the Property described in this Declaration, including
Dwellings, Condom inium buildings, roads, driveways, sewer, water and other utility lines, storm water
drainage system s, sidewalks, fences, trees, shrubs, landscaping, equipment and im provements, and for
the purpose of sales activities such as erecting signs advertising the Planned Com munity or the sale of
Lots or Condominium Units within the Planned Com munity;
(b)Providing utility service to the Property;
(c)Com pliance w ith permits, laws, rules, regulations, ordinances and other governm ental
requirem ents; or
(d)E xercising D evelopm ent Rights reserved herein.
Section 13.2.Alteration of Lots and Condom inium Units. Declarant reserves the right to alter
the layout and arrangem ent of the Lots and Condominium Units, said right to last as long as Declarant
controls the Association or ow ns any of the Lots or C ondom inium U nits so altered. If D eclarant shall
m ake any such alterations, they shall be reflected in an amendment to this Declaration. D eclarant may
m ake any structural alterations within or affecting any Lot or Condom inium U nit, as long as D eclarant
owns said Lot or Co nd om i niu m U nit, without the prior written consent of the B oard of Directors.
Declarant specifically reserves the righ t to develop the Condom inium Units in phases. Declarant
specifically reserves the right to change any of the Condominium Units to fo otprint U nits.
Section 13.3.Am endment to Enlarge Planned Com m unity. For as long as Declarant owns any
interest in the Property, i ncluding reserved Developm ent R ights, Declarant reserves fo r itself, and its
successors and assigns, the absolute right, w hich m ay be exercised at any tim e or from tim e to tim e in
Declarant’s sole discretion, to develop and im prove all of the Property. T he location and configuration
of the Lo ts a nd C ond om inium Units proposed for the Property on the Site Plan m ay be m odified by
Declarant in its sole discretion. D eclarant also reserves the right, in its sole discretion, at any tim e or
from time to tim e to am end this Declaration to complete the Planned Com munity or to subject additional
property to this D eclaration, including, w ithout limitation, the lands identified as Future D evelopm ent
on the Site Plan which are being excluded from the Planned Comm unity at this time, individually or in
co njunction with the additional adjacent lands depicted on the Site Plan, and to develop the Futu re
Developm ent parcel and adjacent lan ds fo r the m axim um density allowed under the City of South
Burlington zoning and subdivision regulations and to subject such lands and corresponding lots and units
to this Declaration. D eclarant’s rese rved Developm ent R ights shall be exercised w ithin twenty (20)
years after the transfe r of Declarant Control as described herein.
Section 13.4.Easem ent For Further Developm ent. For as long as Declarant owns any interest
in the Property, including reserved Developm ent R ights, Declarant hereby reserves for itself, and its
successors and assigns, without restriction or limitation, perpetual non-exclusi ve easem ents, rights of
way and licenses, and the right to grant easem ents, rights of w ay a nd licenses, over, under, across and
through all of the Property (other than Lots and Condom inium Units which have been sold by Declarant
to Owners) for the purpose of storing building materials, supplies and equipm ent used in im proving the
Property; construction, m aintenance, repair and replacem ent of Dwellings, C ondom inium buildings,
roads, driveways, sidewalks, pedestrian paths, fe nces, trees, shrubs, landscaping, utility lines, equipment
and other im provem ents included as part of or necessary to serve th e portion of the Property being
Developed by Declarant and any Dwellings and C ondom inium buildings located thereon; m aking future
connections, hookups and tie-ins to utility lines, equipm ent and other im provem ents constructed to serve
17
th e P ro perty, Dwellings, Condom inium buildings or other improvements located thereon and for the
future use and connection by the adjacent lands depicted as Future D evelopment fo r ingress and egress
and all m anner of utilities for the maximum number of hom es or units allowed on such lands under the
City of South Bu rlington zoning and subdivision regulations, including reserved easements over all
roadways until accepted as public streets by the City of South Burlington. T he easem ents, rights of way
and licenses reserved here under shall be sufficient in scope to perm it developm ent, use and occupancy
on the Property of as m any D wellings, Lots and Condominium Units as Declarant, in its sole discretion,
shall determine; provided, how ever, that Declarant will not build m ore than two hundred fifty (250) Lots
and/or Condom inium U nits on the Property.
Section 13.5.Perm its and Approvals For Further Developm ent. E ach O wner acknow ledges,
by acceptance of a Warranty Deed, that Declarant has the present right to develop one hundred forty-two
(142) Lots and C ondom inium Units on the Property, and that D eclarant may also, in the future, seek to
d e ve lop th e Property in a different m anner, subject to the specific lim itations set forth in this
Declaration, including the right to construct additional lots and units on the Future Development parcel
and adjacent lands depicted on the Site Plan fo r the m aximum num ber of units allow ed under the City
of South Burlington zoning and subdivision regulations. In such event, neither the Association nor any
Owner may take any action or adopt any R ules that w ill interfe re w ith o r d iminish any Development
Rights or Special D eclarant Rights without the prior written consent of Declarant, nor shall the
Association or any Owner oppose, either directly or indirectly, such developm ent and shall cooperate
or cause the Association to cooperate with such development by executing perm it applications if
necessary.
Section 13.6.Amendm ents Under This Article. Any amendments to this Declaration permitted
by this Article need to be signed and acknowledged only b y Declarant, and it shall be deem ed that the
Association, Owners, lienholders or m ortgage holders have voted for such am endm ent or amendments.
In addition, prior to the sale of any Lots or C ondom ini um U nits, D e clarant m ay make whatever
amendm ents it deem s advisable, in its sole discretion, w ithout the consent of any person.
Section 13.7.Transfer of Declarant’s Development Rights. Declarant’s reserved Development
Rights may be transferred in acco rd a nce with § 3-104 of the Act. No amendment to this Declaration
m ay be m ade to dim inish or alter Declarant’s reserved Development Rights and/or Special D eclara nt
Rights without the written consent of Declarant.
Section 13.8.Specific Reservation. Declarant specifically reserves the right to use the area
depicted on the Open Space M anagem ent Plan as Undeveloped Space For Possible Future Connection
T o Nadeau Parcel as access to the Nadeau Parcel or any other lands adjacent to the Property.
ARTICLE 14
Covenants and Environm ental R estrictions
Section 14.1.Use of P ro pe rty Subject to Perm its. T he Property may be used and conveyed
only in accordance with the conditions of th e Verm ont Land Use Perm it fo r the developm ent of the
Property and the permits and approvals referenced therein; the terms and conditions of the City of South
Burlington Development Review B oard approval; all protective covenants and easem ents and rights of
way for utilities of record; and as all of the foregoing may be am ended from tim e to tim e as set forth on
E xhibit “A”.
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Section 14.2.Prom ulgation of Rules and Regulations. The B oard of Directors m ay, from tim e
to time, without the consent of the mem bers, prom ulgate, m odify or delete use restrictions and Rules and
Regulations applicable to the Lots, Condom inium U n its and C om m on E lem ents. Such Rules and
Regulations and use restrictions shall be binding up on a l l O wners and occupants until and unless
overruled, canceled or m odified in a regular or special m eeting by the vote of the m em bers ho l din g a
m ajority of the total votes in the Association. Such R ules and Regulations and use restrictions may
impose stricter standards than those contained in this Section. T he Association, acting through its Board
of Directors, shall having standing and the power to enforce such standards.
Section 14.3.Use. O nly one (1) single fa m ily D welling, an d i m pr ovem en t s appurtenant
thereto, shall be erected or maintained on each Lot.
Section 14.4.Anim als. No anim als sh a ll be perm itted on the Property other than dogs and
other domestic pets. A ll dogs and other domestic pets shall be in the control of the Ow ner at all tim es
while on the Property. Owners are responsible for imm ediate cleanup of any wa ste in the public
thoroughfares and/or dam age to Comm on E lem ents. O wners are also responsible fo r all im poundment
costs incurred in the control of dogs or other d om estic an i m als while on the Comm on Elem ents. In
addition, Owners are subject to the anim al control ordinances of the City of South B urlington.
Section 14.5.Subdivision. No Lot shall be further subdivided by an O wner fo r sale purposes
or otherwise.
Section 14.6.Signs. No signs, signboards or advertising structures of any kind shall be erected
or placed on the Property at any tim e except for signs advertising the Lot or C ondom inium U nit fo r sale.
Section 14.7.Rubbish. There shall be no disposal of trash, rubbish or garbage or the burning
of same on any portion of the Property.
Section 14.8.G rad ing a nd Drainage. T he grading and/or drainage pattern of any Lot or
Com mon Elem ent in the Planned Com munity shall not be altered fo r any r eason du e to each Lot’s
necessary conform ance w ith the plans submitted and approved by the City of South B urlington and the
District No. 4 E nvironm ental Comm ission.
Section 14.9.A rchitectural Control. Except fo r Dwellings or im provements constructed o r
installed by Declarant, no building, fe nce, wall or other structure shall be comm enced, erected,
m aintained or placed on a Lot, nor shall any addition or external alteration be m ade, until the design and
location or alterations have been approved in writing by Declarant or, upon the transfer of Declarant’s
control of the Association, by the Board of Directors. No approval shall be required for the design and
location of any D welling or im provem ent constructed by Declarant on the Property or for D wellings or
Condom inium Units or buildings constructed by an approved affiliate or assignee of D eclarant.
Section 14.10.Satellite Dishes. No antennas shall be installed on a Lot or on the exterior of any
Dwelling erected thereon. O ne (1) dish type receiver no greater than eighteen inches (18") in diameter
or length, m ay be installed on the side or rear exterior wall of any Dwelling or in the rear or side yard
of the Lot except where a side yard has frontage on a public street.
Section 14.11.Vehicles and Garage Use. Garages are restri c t ed t o u se by the Lots and
Condom inium Units for which they belong as a parking space fo r vehicles. Garages may not be
19
converted to living space. No unregistered m otor vehicle, or any boat, boat traile r, sn owmobile,
snowm obile trailer, camper, truck (other than pick-up tru c ks) or recreational vehicle m ay be parked,
stored or maintained on any portion of the Property. T he parking of motor vehicles along the roadway
or in other spaces w hich have not been designated for parking shall be strictly prohibited.
Section 14.12.T rees. Except for trees removed by Declarant, no tree six inches (6") or larger
on the stum p shall be cu t o n th e Property until approved in writing by Declarant or, after D eclarant
transfers control to the A ssociation, by the B oard of Directors. All Owners shall com ply with the City
of South Burlington zoning regulations for tree planting.
Section 14.13.Lighting. E xcept for seasonal d e c ora t i ve lights, a ll exterior lights m ust be
installed and used in a m anner which w ill not unduly disturb surrounding Owners and does not violate
any permit conditions and m ust be pre-approved by the Board of Directors.
Section 14.14.On-Site Fuel Storage. N o o n-site storage of gasoline or heating or other fuels
shall be permitted on any part of the Property, except for propane, and not m ore than ten (10) gallons
of other fu el stored on each Lot fo r em ergency purposes and operation of generators, snow blowers, lawn
m owers and sim ilar tools or equipm ent.
Section 14.15.Outbuildings. N o st ructu res o f a tem porary character, tents, shacks, barns,
trailers, garages, unfinished basem ents or other outbuildings shall be occupied as living quarters on the
Property.
Section 14.16.Occupants Bound. All provisions of the Declara t i on a nd an y R u l e s and
Regulations or use restrictions prom ulgated pursuant thereto which govern the conduct of Ow ners and
which provide for sanctions against Ow ners shall also apply to all occupants of the Property.
Section 14.17.Leasing. Lots and C ondom inium U nits m ay be leased for residential purposes.
All leases shall have a m inimum term of six (6) m onths. A ll leases shall require, w ithout lim itation, that
the tenant acknow ledge the receipt of a copy of the Declaration, B ylaws, use restrictions and Rules and
Regulations of the A ssociation. T he lease shall also obligate the tenant to com ply with the foregoing
an d shall provide that in the event of noncom pliance the Board of Directors, in addition to any oth e r
rem edies available to it, may, in the event the Owner shall fail to initiate and reasonably m aintain an
action to evict the tenant after w ritten request to do so by the Association, evict the tenant on behalf of
th e Owner and specifically assess all costs associated therew ith against the Ow ner and the O w ner’s
property.
Section 14.18.Energy Conservation M easures.
(a)Without the prior written consent of the Verm ont District No. 4 Environm e ntal
Com mission, or its successor, no alteration m ay be m ade to any Dwelling o n a Lot or Condom inium
Unit w hich w ould reduce the effect of the water conserving plum bing fixtures or insulation, including
low-flush toilets, low-flow showerheads and aerator or flow-restricted fa ucets. All leases shall require
m aintenance of sam e and prohibit replacem ent with non-water conserving fixtures.
(b)All heated structures shall be constructed to m eet the Residential Building Energy
Standards (RBES) in effect at the time of construction. T he installation and/or use of electric resistance
space heating is specifically prohibited.
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Section 14.19.Landscaping. The Association shall continually m aintain all Common Elements,
facilities and land scaping substantially as approved by the City of South Burlington Developm ent
Review Board and the District No. 4 E nvironm ental Comm ission. All dead or diseased lan dscape
plantings shall be replaced as soon as reasonably possible.
Section 14.20.Special Covenants. The following special covenants shall apply:
(a)T he Class Two wetlands and associated fifty foot (50') buffer zones shown on the Site
Plan will rem ain in a natural undisturbed m anner with the exception of the proposed impacts as shown
on the Site Plan. T here shall be no draining, dredging, tilling, grading, dum ping of yard waste or other
debris and refuse, alterations of the water flow, cutting, mow ing, clea rin g or removal of vegetation
within the w etland or buffer zone with the exception of the proposed im pact areas as approved by the
Conditional Use Determination for this Property. Construction of paths into or through the wetlands and
wetland buffers is specifically prohibited. A llowed uses within the wetlands and their buffer zones are
to be in conform ance with Section 6 of the V ermont Wetland Rules effective February 23, 1990. T hese
restrictions shall run with the land and are enforceable under the V e rm o nt W etland Rules and the
associated Conditional Use D eterm ination fo r this Property.
(b)Declarant will construct the storm water treatment system s on the Property in accordance
with the approved plans and perm it conditions. A fter construction, the storm w ater treatm ent system s
shall be m aintain e d, repaired and replaced by the Association until accepted by the C ity of South
Burlington, if ever, and by the acceptance of a D eed for a Lot or Condominium U nit each Owner shall
consent to the Association’s responsibility for such obligations. A fter construction, Declarant shall have
no further obligations for the m aintenance, repair or replacem ent of the storm water system s, except for
construction defe cts occurring prior to the delivery of the system s to the Association.
(c)Notice is hereby given that portions of the Property are adjacent to existing agricultural
lands that will be used for agricultural purposes. These agricultural uses may include, w ithout lim itation,
plowing, planting, fe rtilizing and the of a gricultural chem icals, pesticides and herbicides in the course
of cultivating, harvesting, storing an d tra nsporting agricultural feed or product. Consistent with this
notice, all Lots and Condom in i um U nits a re conveyed subject to a perpetual easem ent fo r any noise,
odors, dust and/or by-products and impacts that m ay occur in the course of conducting accepted
agricultural and best-m anagem ent practices on the nearby lands, and for any noise, odors or dust. All
Owners, by the acceptance of their Deed, waive any objection to im pacts arising from accepted
agricultural and best-m anagement practices which are consistent with the rules established pursuant to
6 V.S.A., Chapter 215, and are further notified that agricultural activities which are consisten t with
accepted agricultural and best-managem ent practices do not constitute a nuisance.
(d)Declarant reserves the right to own, develop, transfer or preserve the parcel depicted as
Future Developm ent on the Site Plan for the m aximum density allowed under the C ity of South
Burlington zoning and subdivision regulations which, in the sole discretion of Declarant may be
developed either as a separate developm ent or as an affiliated developm ent that will be included as part
of the Property and subjected to this D eclaration. In connection with the possible future development
of such parcel, D eclarant also reserves easem ents over all roadways until accepted as public streets by
the City of South Burlington, and over the Com mon Elem ents as shown on the Site Plan, for all m anner
of ingress, egress and utilities to and from such parcel fo r use by the maximum num ber of homes or units
that m ay be perm itted on such parcel, including, without lim itation, the right to expand the sewer pum p
stations for the Property to acc om m o date the future developm ent on the Future Development parcel
21
and/or the right to allow additional connections by adjoining property ow ners. Accordingly, all Owners
are on notice that the Future Developm ent parcel m ay not rem ain open and in agricultural use and may
be developed for the m aximum num ber of units allow ed under the City of South B urlington zoning and
subdivision regulations and, by the acceptance of a D eed fo r a Lot or Condom inium Unit, agree not to
oppose, either directly or indirectly, such developm ent and shall cooperate or cause the Association to
cooperate with such developm ent by executing permit applications if necessary.
Section 14.21.Am endments. No am endm ent of Section 14.18, 14.19 or 14.20 of this Article
shall be effective without the prior writte n consent of the Verm ont District No. 4 E nvironmental
Com mission.
Section 14.22.Condom inium Covenants. Additional covenants for the Condominium Units are
described in the applicable Declarations of Condom inium .
ARTICLE 15
Amendments
Section 15.1.General. Except for am endm ents which may be m ade by D eclarant hereunder
and in § 2-109(f) or § 2-110 of the A ct, am endm ents by the Association under §§ 2-106(d), 2-108(c) or
2-112(a) of the Act, or by Owners under §§ 2-108(b), 2-112(a) or 2-118(b) of the A ct, and except for
the lim itations set forth in § 2-117(d) of the Act, this Declaration m ay be amended by vote or agreement
of Owners to which at least sixty-seven percent (67%) of the votes in the A ssociation is allocated. A ll
amendm ents to this Declaration shall be m ade in accordance w ith § 2-117 of the Act.
Section 15.2.R ights R eserved in Declarant. N otwithstanding the amendm ent provisions set
forth above in Section 15.1, D eclarant may unilaterally amend this Declaration in accordance with the
provisions of Article 13, and m ay also unilaterally am end this Declaration at any time to satisfy and meet
any requirement of the Federal N ational M ortgage A ssociation, the Federal Ho me Loan Mortgage
Corporation, the V erm ont D istrict No. 4 Environmental Com m ission, the Verm ont Environm ental Board
and/or E nvironm ental Court, the City of South Burlington or a t itle insurance com pany insuring or
offering to insure all of a portion of the Property.
Section 15.3.Special Declarant Righ ts. T h e p ro visio ns i n t his D eclaration creating
Developm ent Rights and Special Declarant Rights may not be amended without the consent of
Declarant.
Section 15.4.Consent of M ort ga ge H old e rs. A m e ndm en ts a re subject to the consent
requirem ents of Article 16.
ARTICLE 16
Rights Related to M ortgages
Section 16.1.Notice of Action. Upon written request to the Association from any Institutional
M ortgage identifying its name and address and the Lot or Condom inium Unit num ber or address, such
Institutional M ortgagee shall be entitled to tim ely written notice of:
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(a)Any condem natio n loss or any casualty loss which affects any m aterial portion of the
Planned C omm unity or any Lo t or Condominium Unit on which there is a first m ortgage held, insured
or guaranteed by such qualified requesting party;
(b)Any delinquency in the paym ent of Assessm ents or other charges by an Ow ner subject
to a first m ortgage held or insured by such party, w hich delinquency remains uncured for a period of
sixty (60) days;
(c)Any lapse, cancellation or material modification of any insurance policy or fidelity bond
m aintained by the Association; or
(d)Any proposed action which would require the con sent of a specified percentage of
Institutional M ortgagees.
Section 16.2.Special Voting Rights of Institutional Mortgagees. A ny action with respect to
the Planned Com munity, including, but not lim ited to, material amendm ent to this D eclaration,
restoration or repair after partial or total condem nation or casualty loss, or term ination of the legal status
of the Planned C om munity under the Declaration, requiring the votes of the Owners, shall also require
the consent of Institutional M ortgagees holding mortgages on Lots which repr e sent at least fifty-one
percent (51%) of t he m o rtgages of In stitutional Mortgagees in the Planned Com m unity; provided,
however, that in the case of a termination of the Planned Com munity not m ade as a result of destruction,
damage or condem nation, the applicable percentage shall be sixty-seven percent (67%) instead of fifty-
one percent (51%). For purposes of this Section, a “m aterial amendment” includes, but is not lim ited
to, any provision affecting:
(a)Assessm ents, A ssessm ent liens or subordination of A ssessm ent liens;
(b)Voting rights;
(c)Reserves for m aintenance, repair and replacem ent of Comm on Elem ents;
(d)Responsibility fo r m aintenance and repairs;
(e)Reallocation of interests in the Com m on E lem ents or Lim ited Com m on E lem ents (other
than reallocation in connection with the exercise of Declarant’s Developm ent Rights), except that when
Lim ited Comm on E lements are reallocated by agreem ent between Ow ners, only those Owners and only
the Institutional M ortgagees which hold m ortgages on such Lots or C ondom inium Units m ust approve
such action;
(f)Rights to use Com m on E lem ents and Lim ited Com m on Elem ents;
(g)B ou ndaries of Lots or Condominium Units, except that when boundaries o f o nly
adjoining Lots or Condominium Units are involved, then only those Owners and the In stitutional
M ortgagees holding m ortgages on such Lots or Condominium Units m ust approve such action;
(h)Convertibility o f Lots or Condom inium Units into Com m on E lem ents or C om m on
E lements into Lots or Condom inium Units;
23
(i)E xpansion or contraction of the Planned Com m unity, or the addition , an nexation or
withdrawal of property to or from the Planned Comm unity, except as otherw ise reserved by Declarant
in Article 13 or other than as specified in this Declaration;
(j)In surance or fidelity bonds;
(k)Leasing of Lots or Condominium Units;
(l)Im position of restrictions on an Ow ner’s right to sell or transfer his or her Lot or
Condom inium Unit;
(m )R e storation or repair of the Planned C om munity after a hazard dam age or partial
condem nation in a m anner other than that specified in this Declaration;
(n)T ermination of the Planned Comm unity after the occurrence of substantial destruction
or condem nation; and
(o)Any provision that expressly benefits m ortgage holders, insurers or grantors.
Section 16.3.Failure to Provide Negative Responses. For the purposes of Section 16.2 above,
an Institutional M ortgagee who receives a written request to approve an action in accordance with
Section 16.2, delivered by certified or registered m ail, return receipt requested, shall be deemed to have
consented to such action unless said M ortgagee provides a negative response to the Association within
thirty (30) days after the date of receipt by the Mortgagee of the written request.
ARTICLE 17
M iscellaneous
Section 17.1.Invalidity. If any provision of this Declaration is held to be invalid, the invalidity
thereof shall not affect other provisions of this Declaration which can be given effect without the invalid
provision, and to this end the provisions of this Declaration are severable.
Section 17.2.Headings. The headings in this D eclaration are for purposes of reference only
and shall not limit or otherwise affect the meaning thereof.
Section 17.3.A ge nt. T he person w ho shall receive service of process for the Associa t i on
during the period of Declarant control is Guy L. Babb, E sq., Ward & Babb, 3069 Williston Road, South
Burlington, Vermont 05403.
Section 17.4.Declarant’s D isclaim e r For E c ono m ic Benefit. Declarant has made no
representations, and Declarant hereby disclaim s any representations m ade by anyone claim ing to act as
Declarant’s authorized agent, as to the feasibility of renting a Lot or Condom inium Unit in the Planned
Com munity or otherw ise generating incom e or derivi ng a ny other econom ic benefit from a Lot or
Condom inium Unit.
Section 17.5.Declarant’s Disclaim er For Security. Neither the Association nor Declarant shall
be held liable for any loss or dam age by reason of failure to provide adequate security or ineffectiveness
of secur i t y m easur es undertaken. A ll O wners, and tenants, guests and invitees of any Owner, as
24
applicable, acknowledge that D eclarant and the A ssociation are not insurers and that each Owner, tenant,
guest and invitee a ssum es all risk of loss or dam age to persons, to D wellings and to contents of
Dwellings, and further acknowledge that neither Declarant nor the Association has m ade any
representation or w arranty, nor has any Owner, tenant, guest or invitee relied upon any representation
or warranty, express or im plied, including any warranty of m erchantability or fitness for any particular
purpose relative to any security m easures recom m ended or undertaken.
Section 17.6.G overnin g Law . This Declaration shall be governed by and constr ued in
accordance with the laws of the State of Verm ont, w ithout giving effect to such jurisdiction’s principles
or conflicts of laws.
IN WIT NE SS WH ERE OF, D eclarant has executed or caused this Declaration to be executed as
of the _____ day of _______________, 2018.
JJJ South Burlington, LLC
By:______________________________________
_________________________ (printed name)
Its Duly Authorized Agent
STATE OF V ERMONT
CHIT TE NDEN COUNT Y, SS:
At ____________________, in said C ounty and State, on this _____ day of _______________,
2018, personally appeared _________________________, Duly Au thorized Agent of JJJ South
Burlington, LLC, and he acknowledged this instrument, by him sealed and subscribed, to be his free act
and deed and the free act and deed of JJJ South B urlington, LLC
Before me,_____________________________________
Notary Public
M y Com m ission Expires: 02/10/2019
H:\Real Estate\Subdivisions\Ledgewood Estates - #370-13 (fka Cider Mill II)\Declaration.wpd
25
Declaration of P lanned C ommunity F or Ledgewood Estates
Exhibit “A”
P roperty Description
Parcel 1:
Being all and the sam e land and premises conveyed to JJJ South B urlington, LLC by W arranty D eed of
G & A Associates, LLC dated September 30, 2013 and recorded in Volume 1191 at Page 265 of the City
of South Burlington Land Records.
Being all and the sam e land and prem ises conveyed to G & A Associates, LLC by Warranty Deed of
E rnest N. Auclair dated M ay 25, 2006 and recorded in V olum e 751 at Page 473 of said Land Records.
B e ing a p a rcel of land containing 30 acres, m ore or less, which is shown and depicted as Lot #1 o n a
plan of land entitled, “Portion of the Lands of Ernest N. Auclair, off Hinesburg Road, South Burlington,
VT, Subdivision Plat”, prepared by Button Profe ssional Land Surveyors, PC, dated October 7, 2005, last
revised January 19, 2006, and recorded in M ap Slide 478 of said Land Records.
Said land and prem ises are subject to and benefitted by the term s and conditions of: (1) Wastewater
System and Potable Water Supply Perm it No. WW-4-2605 issued on April 26, 2006 and recorded in
Volum e 751 at Page 464 of said Land Records; and (2) C onditional Use D etermination N o. 2007-616
issued on O ctober 2, 2008 and recorded in Volume 832 at Page 289 of said Land Records.
Also included herew ith is all of G & A A ssociates, LLC’s right, title and interest in and to developm ent
rights conveye d to D orse t Street Associates, LLC and G & A Associates, LLC pursuant to a Density
Reduction Easem ent and Transfer of Developm ent Rights to Receiving Property from E rnest N. Auclair
dated M arch 17, 2009 and recorded in V olum e 848 at Page 262 of said Land R ecords.
Parcel 2:
Being all and the sam e land and prem ises conveyed to JJJ South Burlington, LLC by Warranty D eed of
Dorset Street Associates, LLC dated Septem ber 30, 2013 and recorded in Volum e 1191 at Page 263 of
the City of South Burlington Land Records.
Being a parcel of land containing 35.48 acres, m ore or less, and being that parcel of land identified as
Com mon C on a plan of land entitled, “The Cider M ill, South B urlington, Verm ont, Overall Subdivision
Plat”, prepared by Button Professional Land Surveyors, PC, dated A pril 23, 2003, last revised April 19,
2007, and recorded in M ap Slide 496 at Page 5 of said Land Records.
Also included herew ith is an easem ent and right of w ay fo r all legal purposes, including ingress, egress
and the laying of utilities, over and across a sixty foot (60') wide right of w ay w hich travels in a westerly
direction from the nort hw est c or ner of the herein described property to the easterly sideline of
Somm erfield A venue, all as m ore particularly depicted on “Subdivision Plat C” recorded in Map Slide
497 at Page 2 of said Land Records.
Also included herewith is that non-exclusive right of way in common with others over a seventy-five
foot (75') w ide strip of land leading westerly from H inesburg Road to a point on the easterly sideline of
the herein described parcel of land.
Also included herewith are rights of w ay and easem ents in com m on w ith others for ingress and egress
over and across the roadways depicted on the above-referenced plans, including, but not lim ited to, Cider
M ill Drive, Crispin Drive, Roya l Drive, Winesap Lane, Braeburn Street and Som m erfield A venue, until
such tim e as said streets are accepted as public streets by the City of South Burlington; subject, how ever,
to the restriction that any and all construction vehicles engaged in development activity on the herein
described parcel shall access the property from Hinesburg Road and not through the above-referenced
streets in the Cider M ill subdivision.
Also included h e rew ith are easem ents in com m on w ith others fo r utilities and storm water drainage
through lands of D orset Street Associates, LLC w here said utilities and storm water drainage are located
outside the boundaries of the above-m entioned streets.
T he herein descri be d par c e l of land is also subject to and benefitted by all requirem ents, easem ents,
rights of way, covenants and restrictions contained in the findings, conclusions, term s and condition s
and attached exhibits of the follow ing, as they m ay be am ended from tim e to tim e: (a) Land Use Perm it
No. 4C1128-1 dated M arch 16, 2005 and recorded in Volu m e 70 1 at Page 629 of the City of South
Burlington Land Records; (b) Land Use Perm it No. 4C1128-4 dated February 29, 2016 and recorded in
Volum e 1311 at Page 164 and Volum e 1317 at Page 329 of said Land R ecords; (c) Wastewater System
and Potable Water Supply Perm it N o. WW-4-2225 dated March 11, 2005 and recorded in Volum e 702
at Page 146 of said Land Records; (d) Wastew ater System and Potable Water Supply Perm it No. WW-4-
2225-R dated M arc h 18 , 2005 and recorded in Volume 702 at Page 149 of said Land R ecords; (e)
Wastewater System and Potable Water Supply Perm it N o. WW-4-2225-1 dated June 16, 200 6 an d
recorded in V olum e 761 at Page 287 of said Land Records; (f) W astewater System and Potable Water
Supply Perm it No. WW-4-2225-2 dated January 9, 2008 and recorded in Volum e 805 at Page 133 of said
Land Records; (g) Wastewater System and Potable Water Supply Perm it N o . W W-4-2225-5 dated
November 23, 2015 and recorded in Volum e 1300 at Page 39 and Volume 1301 at Page 190 of said Land
Records; (h) A uthorization to Discharge Perm it No. 3144-9015 issued on April 28, 2004 and recorded
in Vo lum e 6 87 at Page 623 of said Land Records; (i) Stormwater Discharge Perm it No. 3144-9015.2
dated A ugust 1, 2017, a N otice of Issuance of which is reco rd e d in V o l um e 1380 at Page 113 of said
Land Records; (j) Storm water D ischarge Permit N o. 3144-9015.2A dated A ugust 1, 2017, a N otice of
Issuance of which is recorded in Volum e 1384 at Page 267 of said Land R ecords; (k) Public Water
System Permit to Construct Project N o. E -1634, WSID No. 5091 dated D ecem ber 25, 2005, of record
with th e State of Verm ont Water Supply D ivision; (l) Conditional Use Determ ination N o. 2001-002
issued on O ctober 27, 2004 and recorded in Volum e 687 at Page 627 of said La nd R e c ords; (m )
C on ditio nal Use Determination No. 2007-616 dated October 2, 2008 and recorded in Volume 832 at
Page 289 of said Land Records; (n) State of Verm ont Individual W etland Perm it No. 2014-20 1 dated
June 21, 20 15 and recorded in Volum e 1311 at Page 170 of said Land Records; (o) Army Corps of
E ngineers Permit N o. NAE -2014-2395 dated June 19, 2015; (p) Approvals granted by the City of South
Burlington Developm ent Review B oard dated August 19, 2003, February 21, 2006, M ay 16, 2006, A pril
17, 2007, October 17, 2007 and Novem ber 20, 2008; (q) C ity of South Burlington Development Review
Board’s Findings of Fact and Decision on Final Plat Application #SD-16-01 dated March 16, 2016 and
recorded in the City of South Burlington Zoning Files; (r) City of South Burlington Development Review
Board’s Findings of Fact and Decision on Prelim inary Plat Application No. SD -17-29 dated M arch 21,
2018 and recorded in the C ity of Sou th B urlington Zoning Files; (s) C ity of South Burlington
Developm ent R eview Board’s Findings of Fact and Decision on M aster Plan Amendm ent No. M P-17-09
dated M arch 21, 2018 and recorded in the City of South B urlington Zoning Files.
Being a portion of the land and premises referred to as “Parcel II” in a Warranty D eed from Roya l C.
Chittenden and Robert R . C hittenden to Dorset Street Associates, LLC dated M ay 3, 2005 and recorded
in Volume 708 at Page 354 of said Land R ecords, as corrective by Corrective Warranty Deed dated M ay
9, 2005 and recorded in V olum e 709 at Page 255 of said Land Records.
Also included herewith is all of Dorset Street Associates, LLC’s right, title and interest in and to
developm ent rights conveyed to Do rset Street Associates, LLC and G & A Associates, LLC pursuant
to a D e nsity Reduction Easement and Transfer of Development Rights to Receiving Property from
E rnest N. Auclair dated March 17, 2009 and recorded in Volume 848 at Page 262 of said Land Records.
Reference is hereby made to the above-m entioned instrum ents, the records thereof, the references therein
m ade, and their respective records and references, in fu rther aid of this description.
Declaration of P lanned C ommunity F or Ledgewood Estates
Ex hibit “B”
Association Bylaw s