HomeMy WebLinkAboutSD-18-28 - Supplemental - 1580 Dorset Street (58)AM E ND ED IRREVO CABLE OF FER OF DEDICA T IO N
T his Am ended Irrevocable O ffer of Dedication is by and between JJJ South Burlington, LLC,
a Vermont lim ited liab ility company with a principal place of business in Essex, in the County of
Chittenden and State of Verm ont, hereinafter referred to as the "Owner", and the City of South
B u r lington, a Vermont m unicipality in the County of Chittenden and State of Vermont, here inafter
refe rred to as the "M unicipality".
W I T N E S S E T H:
WHE R EAS, the City of South B urlington Developm ent Review Board gr a nted final plan
approval as evidenced by its Findings of Fact and Decision on Preliminary Plat Application #SD -17-29
dated M arch 21, 2018, for the planned comm unity known as Ledgewood E states, as shown on a two-
sheet set of Site Plans entitled, “Cider M ill - Phase II, Site Plan (South)”, prepared by O ’Leary-B urke
Civil Associates, PLC , dated October 5, 20 13 , last revised May 29, 2018, and recorded in M ap Slide
_____ at Page _____ of the C ity of South Burlington Land R ecords, and “Cider M ill - Phase II, Site Plan
(North), prepared by O’Leary-B urke C ivil A ssociates, 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”); and
WHE R EAS, the term s and conditions of t he approval of the City of South Burlington
Developm ent Review Board contained the condition that the O wner su bm it a W ar ranty Deed fo r the
roadways depicted on the Site Plan, w hich roadways are to be known as Lindam ac Street, Senator Street,
Russett Road, Russett Circle, Pippin Lane, Aurora Road, Nadeaucrest D rive and Liberty La ne, and for
easem ents for water, sewer, storm w ater and other utility lines, w ithin said roadways to be dedicated to
the M unicipality; and
WHE R EAS, the above-described roadw ays and easem ents are to be dedicated to the
M unicipality free and clear of all encum br a nc e s, p ursuant to said final approval of the D evelopm ent
Review B oard and the Site Plan; and
WHE R EAS, simultaneously herewith the Owner has delivered to the Municipality an appropriate
deed of conveya nce for the above-described roadways;
NOW T HE RE FORE , in consideration of the terms and conditions of the final approval of the
City of South Burlington Developm ent Review Board and for other good and valuable consideration,
it is covenanted and agreed as fo llows:
1.T he Owner herew ith delivers to the Municipality a fully executed Warranty Deed for the
roadways shown on the Site Plan and the easem ents, w hich Warranty Deed is attached as Exh i bit A
hereto, said delivery constituting a form al offer of dedication to the M unicipality to be held by the
M unicipality until the acceptance or rejection of such offer of dedication by the City C ouncil o f the
M unicipality.
2.T he Ow ner agrees that said form al offer of dedication is irre vocable and cannot be
withdrawn, am ended, conditioned or modified whatsoever, and can be accepted by the M unicipality in
whole or in part at any tim e only by form al acceptance by the City Council and re c ordation of the
Warranty D eed in the C ity of South B urlington Land Records.
3.T his Irrevocable Offer of Dedication shall run with the land and shall be binding on the
Owner and all assigns, grantees, successors and/or heirs of the Owner, and m ay be released only by a
written release signed by the M unicipality and recorded in said Land R ecords.
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4.Nothing herein or in the Development Review B oard approval sh a ll ob ligate the
M unicipality to accept said offer or to assum e any responsibility or liability as owner, or otherwise, of
said roadway.
Dated at South Burlington, Verm ont this _____ day of _______________, 2018.
JJJ South Burlington, LLC
By:______________________________________
Brad Dousevicz, its D uly A uthorized agent
STATE OF V ERMONT
COUNTY OF CHITT ENDE N, SS.
At South Burlington, in said County and State, this _____ day of _______________, 2018, Brad
Dousevicz, D uly A uthorized A gent of JJJ South Burlington, LL C, personally appeared and he
acknowledged this instrum ent, by him sealed and subscribed, to be his free act and deed and the free act
and deed of JJJ South Burlington, L L C.
Before me,______________________________________
Notary Public
M y com m ission expires: 02/10/2019
Dated at South Burlington, Verm ont this _____ day of _______________, 201___.
City of South Burlington
By:______________________________________
Its Duly Authorized Agent
STATE OF V ERMONT
COUNTY OF CHITT ENDE N, SS.
At South Burlington, in said County and State, this _____ day of _______________, 201___,
_________________________, Duly Authorized A gent of the City of South Burlington, person a l ly
appeared and he/she acknowledged this instrum ent, by him /her sealed and subscribed, to be his/her free
act and deed and the free act and deed of the C ity of South Burlington.
Before me,______________________________________
Notary Public
M y com m ission expires: 02/10/2019
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