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Home My WebLink AboutSD-18-34 - Supplemental - 0255 Kennedy Drive (15)00044531 Vs 1372 PGs 188 CITY CLERK'S OFFICE Received flay 17t2017 02:47P Recorded in VOLS 1372 PG; 188-/^3/) OF So. Burlington Land Records Attests Donna Kinville Cits Clerk t NOTICE OF CONDITIONS OF FINAL PLAT APPROVAL WHEREAS, on April 5, 2017, O'Brien Family Limited Liability Company and O'Brien Home Farm, LLC (the "Owners") obtained approval from the South Burlington Development Review Board (the "Board") for final plat application #SD-17-08 to subdivide a 49.58 acre parcel into eleven (11) lots ranging in size from 1.23 acres to 9.74 acres at 255 Kennedy Drive, all as shown on a plat entitled: "Final Plat, O'Brien Family, LLC & O'Brien Home Farm, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheet 1, prepared by Krebs & Lansing Consulting Engineers, Inc. dated February 17, 2017 and recorded in Map Slide (gO^at Page jp of the City of South Burlington Land Records (the "Plat"). The parcels depicted as Lot 4 - Lot 14 on the Plat (each a "Lot) are hereafter referred to collectively as the "Property". WHEREAS, the Property is owned by the Owners and is a portion of the lands and premises conveyed to O'Brien Home Farm, LLC by Warranty Deed of Forest Park Realty Corporation dated May 13, 2002 and recorded in Volume 551 at Page 69 of the City of South Burlington Land Records and a portion of the lands and premises conveyed by Daniel J. O'Brien and Leo O'Brien, Jr. d/b/a O'Brien Brothers to the O'Brien Family Limited Partnership (n/k/a O'Brien Family Limited Liability Company) by Warranty Deed dated December 30, 1997 and recorded in Volume 420 at Page 345 of the City of South Burlington Land Records. Reference is also made to the Notice of Conversion from O'Brien Family Limited Partnership to O'Brien Family Limited Liability Company dated July 29, 2009 and recorded in Volume 884 at Page 28 of the City of South Burlington Land Records. WHEREAS, the Board's approval imposes certain conditions on the Property; NOW THEREFORE, Owner hereby gives notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the Property unless or until modified or removed by the Board or its successor: The Property shall be developed and used in accordance with the terms and conditions of the Board's approval of final plat application #SD-17-08 granted on April 5, 2017. For the purposes of planning and zoning compliance with the City of South Burlington Land Development Regulations now in effect or hereafter amended or adopted, the parcels depicted as Lot 4 - Lot 14 on the Plat shall be considered one (1) lot of land for planning and zoning purposes (i.e., for coverage and dimensional requirements), even if such Lots and/or the buildings constructed thereon are conveyed to separate owners. Nothing in this notice or the conditions or covenants contained herein shall be construed to prevent the conveyance, lease, assignment, mortgage, or other transfer of any interest in or to any one of the Lots as separate and apart from the other Lots, provided that the Owners or their successors and assigns seek Board approval for any subsequent subdivision of the Lots pursuant to the Land Development Regulations, if applicable. The proper party for purposes of submitting applications for approval from time to time under City ordinances and regulations, including zoning and subdivision regulations, shall be the Owners, or in the event of a sale of a Lot or Lots, the then owners of such Lot or Lots or their duly authorized representatives. The City shall act upon any applications submitted by all of the owners of the Lots, or their duly authorized representatives, and shall not be required to resolve a dispute between the owners as to the respective rights of the owners. It shall be the duty of the owners to provide written notice of any 4 00044-531 Vs 1372 PQs 189 such applications to all others having an interest in the Property that may be affected by the application proceedings of the commencement of such proceedings. Any action to enforce any City ordinance or regulation, including zoning or subdivision regulations, against the Property or activities or events occurring on the Property shall be brought against the owners of the Lots or their duly authorized representatives. It shall be the duty of the owners of the Lots, or their duly authorized representatives, to provide written notice to all others having an interest in the Lots that may be affected by the enforcement proceedings of the commencement of such proceedings. Any decision in an enforcement proceeding, including a decision granting injunctive relief or penalties, shall be enforceable at the City's sole discretion against the owners of the Lots. Any changes to the Plat shall require approval of the Board. 6. This Notice of Conditions shall be recorded in the City of South Burlington Land Records and shall be referred to in any deed conveying the Property or an interest in the Property. This Notice of Conditions shall be binding upon the Owners and the Owners' successors 8. and assigns. Dated at Vermont, this j$ day of f^f^j 2017. O'BRIEN FAMILY^. LIMITED LIABILITY COMPANY/? Vi /7 /) By: Duly Authorized Agent Witness [E FARM, LLC/? O'BRIEN By: Duly AuthsdzecT Agent Witness STATE OF VERMONT CHITTENDEN COUNTY, SS. On this ItLday of lActU , 2017, personally appeared L^oiclgU' Authorized Agent of O'BRIEN FAMILY LIMITED LIABILITY COMPANY, to ntk known to be the Duly person who executed the foregoing instrument, and he acknowledged this instrument by him signed and sealed, to be his free act and deed and the free act and deed of O'BRIEN FAMILY LIMITED LIABILITY COMPANY. ..SiS^rreme' p.v £ •• •** • n T A n V - t. ^ * 'SV>-.;:;vNptary Commission issued in Chittenden County •*'•' fws V -1 C "'^y commission expires: 2/10/19 Notary Public PG= 190 V= 1372 00044531 STATE OF VERMONT CHITTENDEN COUNTY, SS. day of iVjJLA , 2017, personally appeared Authorized Agent of O'BRIEN HWME FARM, LLC, to me known to be the person ^Jho executed the foregoing instrument, and he acknowledged this instrument by him signed and sealed, to be his free act Duly On this and deed and the free act and deed of O'BRIEN HOME FARM, LLC. Before me, \ jflXflflfln ,l& ^ Notary Public —- Notaiy Commission issued in Chittenden County , My commission expires: 2/10/19 ' . ^5 a > M u A > * V A, •; . .r " VK!." l*'"5 ' .o V , "sr - .•/ - s? ^ 4-- v» ^ N <U89?0lvl/RHR> END OF DOCUMENT