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Home My WebLink AboutSD-18-28 - Supplemental - 1580 Dorset Street (59)Exhibit A W ARRANTY D E E D KNO W A LL PE R SONS BY THESE PRESEN TS that JJJ South Burlington, LLC, a Verm ont lim ited liability company with its principal place of business in E ssex, in the Coun t y of Chittenden and State of Verm ont, Grantor, in the consideration of ----- TE N AND M O R E ----- D ollars paid to its fu ll satisfaction by the City of South Burlington, a m unicipality organized and existing under the laws of the State of Vermont located in South B urlington, in the C ounty of Chittenden and State of Vermont, Grantee, by these presents, does freely GIVE , GRANT , SELL, CONVEY A ND CONFIR M unto the said Grantee, the C ity of South Burlington, its successors and assigns fo rever, certain land for public roadway purposes in South B urlington, in the County of C hittenden and State of Vermont, described as follows, viz: Being the roadways depicted as “Proposed 50' Wide Right-Of-Way T o City O f South Burlington”, “Lindamac Street”, “Senator Street”, “Russett Road”, “Russett C ircle”, “Pippin Lane”, “A urora Road”, “Nadeaucrest D rive” and “Liberty Lane” on a two-sheet set of Site Plans entitled, “Cider Mill - Phase II, Site Plan (South)”, prepared by O’Leary-Burke Civil Associates, PLC, dated October 5, 2013, last revised M ay 29, 2018, and recorded in M ap Slide _____ at Page _____ of the City of South Burlington Lan d R e c ords, and “Cider Mill - Phase II, Site Plan (N orth), prepared by O’Leary-Burke Civi l Associates, PLC , dated October 5, 2013, last revised M ay 29, 2018, and recorded in M ap Slide _____ at Page _____ of said Land Records (collectively the “Site Plan”). Also being all easem ents for water, sewer, storm w ater and other utility lines within the boundaries of the above-m entioned roadways as depicted on the afo rem entioned Site Plan. T his W arranty Deed shall act as a bill of sale and does hereby convey to the Grantee all Grantor’s right, title and interest in and to the roadways hereby conveye d and all im provem ents located on, over and under the roadways hereby conveye d, inc luding but not lim ited to all roadway im provements, sidewalks, curbing, lights, sew er and water m ains and ap pu rten a nces, and storm water pipes, catch basins and appurtenances. Being a portion of the land and premises conveye d to JJJ South Burlington, LLC by the fo llowing deeds: (a)W arranty Deed of G & A A ssociates, LLC dated September 30, 2013 and recorded in Volum e 1 191 at Page 265 of the C ity of South Burlington Land Records; and (b)W arranty Deed of Dorset Street Associates, LLC dated Septem ber 30, 2013 and recorded in Volum e 1191 at Page 263 of the C ity of South B urlington Land R ecords. Said land and premises are subject to and b e nefitted by all requirements, easements, rights of way, covenants and restrictions contained in the findings, conclusions, terms and conditions and attached exhibits of the following, as the same may be am ended from time to tim e: (a) Land U se Perm it No. 4C1128-1 dated M arch 16, 2005 and recorded in V olum e 701 at Page 6 29 of the City of South Burlington Land Records; (b)Land Use Permit N o. 4C 1128-4 dated February 29, 2016 and recorded in V olum e 1311 at Page 164 and V olum e 1317 at Page 329 of said Land R ecords; (c) Wastew ater System and Potable Water Supply Perm it N o. WW -4-2225 dated M arch 11, 2005 and recorded in Volum e 702 at Page 146 of said Land Records; 1 (d) W astewater System and Potable Water Supply Perm it No. WW-4-2225-R dated M arch 18, 2 005 and recorded in V olum e 702 at Page 149 of said Land Records; (e) Wastew ater System and Potable Water Supply Perm it N o. WW-4-2225-1 dated June 16, 2006 and recorded in Volum e 761 at Page 287 of said Land Records; (f) Wastew ater System and Potable W ater Supply P e rm it N o. WW -4-2225-2 dated January 9, 2 008 and recorded in V olum e 805 at Page 133 of said Land Records; (g)Wastew ater System and Potable Water Supply Permit No. WW-4-2225-5 dated Novem ber 23, 2 015 and recorded in Volum e 1300 at Page 39 and Volum e 1301 at Page 190 of said Land R ecords; (h) A uthorization to Discharge Perm it No. 3144-9015 issued on April 28, 2004 and recorded in Volum e 687 at Page 623 of said Land Records; (i)Storm water D ischarge Pe rm it N o. 3144-9015.2 dated A ugust 1, 2017, a Notice of Issuance o f which is recorded in Volum e 1380 at Page 113 of said Land Records; (j)Storm water D ischarge Perm it No. 3144-9015.2A dated August 1, 2017, a Notice of Issuance o f which is recorded in Volum e 1384 at Page 267 of said Land Records; (k)Public Water System Permit to Construct P roject N o. E-1634, WSID N o. 5091 dated Decem ber 25, 2005, of record with the State of V erm ont W ater Supply Division; (l) Conditional U se D eterm ination No. 2001-002 issued on O ctober 27 , 2 00 4 and recorded in Volum e 687 at Page 627 of said Land Records; (m )Conditional Use Determination No. 2007-616 dated October 2, 2008 and recorded in Volume 8 32 at Page 289 of said Land Records; (n)State of Verm ont In dividual Wetland Perm it No. 2014-201 dated June 21, 2015 and recorded in Volum e 1311 at Page 170 of said Land Records; (o)A rm y Corps of Engineers Permit N o. NA E-2014-2395 dated June 19, 2015; (p) A pprovals granted by the City of South Burlington D evelopment R eview Board dated August 1 9, 2003, February 21, 2006, M ay 16, 2006, April 17, 2007, October 17, 2007 and N ovem ber 2 0, 2008; (q)City of South Burlington Developm ent Review B oar d’s Findings of Fact and D ecision on Final P l a t A p plication #SD -16-01 dated March 16, 2016 and recorded in the C ity of South B u rlington Zoning Files; (r)C i ty of South B urlington D evelopm ent Review B oard’s Findings of Fact and Decision on Prelim inary Plat Applic a tion No. SD-17-29 dated M arch 21, 2018 and recorded in the City o f South Burlington Zoning Files; (s)City of South Burlington Develo pm ent R eview B oard’s Findings of Fact and D ecision on M aster Plan A m endm ent No. M P-17-09 dated M arch 21, 2018 a nd reco rd e d in the City of South Burlington Zoning Files. Reference is hereby m ade to the above-m entioned instrum ents, the records thereof, the references therein m ade, and their respective records and references, in further aid of this description. T O HAVE AND T O H OLD all said granted premises, w ith all the p rivilege s and appurtenances thereof, to the said G rantee, the City of South Burlington, its successors and assigns, to their own use and behoof forever; And the said Grantor, JJJ South B urlington, L LC, for itself and its successors 2 and assigns, does covenant w ith the said Grantee, the City of South Burlington, and its successors and assigns, that until the ensealing of these presents it is the sole ow ner of the prem ises, and has good right and title to convey the sam e in m anner aforesaid, that they are FR E E FR O M E VE R Y E NCUMBRANCE ; except as aforesaid; and the Grantor does hereby engage to WA R R AN T A ND DEFE ND the sam e against all lawfu l claim w hatever, except as afo resaid. IN WITNESS W HE R EO F, the undersigned D uly Authorized Agent of JJJ South Burlington, LLC hereunto sets his hand and seal this _____ day of _______________, 2018. JJJ South B urlington, LLC By: Brad Dousevicz, 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 _______________, 2018, Brad Dousevicz, Duly Authorized Agent of JJJ South Burlington, L L 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, LLC . Before me, Notary Public M y C om m ission Expires: 02/10/2019 3