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HomeMy WebLinkAboutSD-20-16 - Supplemental - 0255 Kennedy Drive (72)CITY CLERK'S OFFICE Received Sep 22P2017 03:30? ^ j* Recorded in VOL: 1392 PG: 311 OF So. Burlinston Land Records Attesfc s Donna Kinville Cits Clerk H H ro a u? ii IRREVOCABLE OFFER OF DEDICATION This Irrevocable Offer of Dedication (the "Irrevocable Offer"), dated thisf)%day of 2017, is by and among O'BRIEN FARM ROAD, LLC, a Vermont limited liability company with its principal place of business in Burlington, Vermont ("Owner'") and the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden and State of Vermont (the "City"-). CN CN n H II 5 Background Owner owns approximately 39.16 acres of land, more or less, off of Kennedy Drive, Eldredge Street and Old Farm Road in South Burlington, Vermont (the "Property"') as shown on the plat entitled: "Final Plat, Hillside at O'Brien Farm, O'Brien Farm Road, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheets PL -1 though PL-4, prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1, 2017, last revised August 30, 2017 and recorded in Map Slide^yof the City of South Burlington Land Records (the "Plat"). ^ ^ H N On February 9, 2017, the City of South Burlington Development Review Board approved Amended Master Plan Application #MP-16-03 for the construction of up to 458 dwelling units and 45,000 square feet of office space on the Property, which was amended by the Amended Master Plan decision #MP-17-01 on July 19, 2017 (the "Master Plan Project"). In addition, on August 17, 2017, the City of South Burlington Development Review Board approved Final Plat Application #SD-17-17 for the first phase of the Master Plan Project consisting of the construction of 118 units on the Property. As part of the Master Plan Project, Owner plans to construct and subsequently dedicate to the City of South Burlington all the roadways and associated improvements over the lands owned and controlled by Owner, consisting of Two Brothers Drive (Phase I and Phase II), Laurentide Lane, Ledge Way, Split Rock Court and O'Brien Farm Road (Phase I and Phase II) as shown on the Plat (the "Public Roadways"). 2. -0 •+ o o o Owner now proposes, according to the terms of this Irrevocable Offer, to dedicate to the City, free and clear of all encumbrances, the Public Roadways in seven phases as more particularly described on Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. and Exhibit G attached hereto, subject to the terms and conditions set forth herein. NOW, THEREFORE, In consideration of the final approval of the Board and for other good and valuable consideration, it is covenanted and agreed as follows: Section 1. Owner herewith delivers to the City a Warranty Deed for the Public Roadways, the description of which is set forth as Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F and Exhibit G attached hereto, said delivery constituting a formal irrevocable offer of dedication to the. City of the Public Roadways, to be held by the City until the acceptance or rejection of such irrevocable offer of dedication by the City. Section 2. Owner agrees that this Irrevocable Offer is irrevocable and the Warranty Deed may be accepted or rejected by the City in whole or in part at any time. Section 3. This Irrevocable Offer shall run with the land and be binding upon Owner and its respective successors and assigns. PQS 312 Vs 1392 00046471 Exhibit A PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION TWO BROTHERS DRIVE- PHASE I Being a strip of land for public roadway and related utility purposes over an unimproved strip of land, being'a sixty-foot wide (60') strip with wider tapered curbs depicted as "Two Brothers Drive" as shown on a plat entitled: "Final Plat, Hillside at O'Brien Farm, O'Brien Farm Road, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheets PL -1 though PL-4, prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1, 2017, last revised August 30, 2017 and recorded in Map Slide of the City of South Burlington Land Records (the "Plat'") from the intersection of Eldredge Street and O'Brien Farm Road (existing Eldredge Street) at the "Outside boundary line" to the northwestern limit of the intersection of Two Brothers Drive and O'Brien Farm Road as shown on the Plat. Said strip of land is a portion of the lands and premises conveyed to O'Brien Farm Road, LLC by Warranty Deed of O' Brien Family Limited Liability Company dated June 14, 2017 and recorded in Volume 1376 at Page 214 of the City of South Burlington Land Records and also a portion of the lands and premises conveyed to O'Brien Farm Road, LLC by Warranty Deed of O'Brien Home Farm, LLC dated June 14, 2017 and recorded in Volume 1376 at Page 222 of the City of South Burlington Land Records. The Premises are subject to: (a) all rights-of-way, easements, conditions and covenants of record or as depicted on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby maide to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. PG s 313 Vs 1392 G004&4-71 Exhibit B PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION LAURENTIDE LANE Being a strip of land for public roadway and related utility purposes over an unimproved strip of land, being a fifty-foot wide (50') strip with wider tapered curbs depicted as "Laurentide Lane" as shown on a plat entitled: "Final Plat, Hillside at O'Brien Farm, O'Brien Farm Road, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheets PL -1 though PL-4, prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1,2017, last revised August 30, 2017 and recorded in Map Slide of the City of South Burlington Land Records (the "Plat"). Said strip of land is a portion of the lands and premises conveyed to O'Brien Farm Road, LLC by Warranty Deed of O'Brien Family Limited Liability Company dated June 14,2017 and recorded in Volume 1376 at Page 214 of the City of South Burlington Land Records. The Premises are subject to: (a) all rights-of-way, easements, conditions and covenants of record or as depicted on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. PG5 314 V s 1392 00046471 Exhibit C PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION LEDGE WAY Being a strip of land for public roadway and related utility purposes over an unimproved strip of land, being a fifty-foot wide (50') strip with wider tapered curbs depicted as "Ledge Way" as shown on a plat entitled: "Final Plat, Hillside at O'Brien Farm, O'Brien Farm Road, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheets PL -1 though PL-4, prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1,2017, last revised August 30, 2017 and recorded in Map Slide of the City of South Burlington Land Records (the "Plat'"). Said strip of land is a portion of the lands and premises conveyed to O'Brien Farm Road, LLC by Warranty Deed of O'Brien Family Limited Liability Company dated June 14, 2017 and recorded in Volume 1376 at Page 214 of the City of South Burlington Land Records. The Premises are subject to: (a) all rights-of-way, easements, conditions and covenants of record or as depicted on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. 00046471 V3 1392 PGs 315 Exhibit D PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION SPLIT ROCK COURT Being a strip of land for public roadway and related utility purposes over an unimproved strip of land, being a fifty-foot wide (50') strip with wider tapered curbs depicted as "Split Rock Court" as shown on a plat entitled: "Final Plat, Hillside at O'Brien Farm, O'Brien Farm Road, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheets PL -1 though PL-4, prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1, 2017, last revised August 30, 2017 and recorded in Map Slide of the City of South Burlington Land Records (the "Plat"). Said strip of land is a portion of the lands and premises conveyed to O'Brien Farm Road, LLC by Warranty Deed of O'Brien Family Limited Liability Company dated June 14, 2017 and recorded in Volume 1376 at Page 214 of the City of South Burlington Land Records. The Premises are subject to: (a) all rights-of-way, easements, conditions and covenants of record or as depicted on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. 00046471 Vs 1392 PGS 316 Exhibit E PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION O'BRIEN FARM ROAD- PHASE I Being a strip of land for public roadway and related utility purposes over an unimproved strip of land, being a sixty-foot wide (60') strip with wider tapered curbs depicted as "O'Brien Farm Road" as shown on a plat entitled: "Final Plat, Hillside at O'Brien Farm, O'Brien Farm Road, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheets PL -1 though PL-4, prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1, 2017, last revised August 30, 2017 and recorded in Map Slide of the City of South Burlington Land Records (the "Plat") from the intersection with Eldredge Street at the "Outside boundary line" to (and including) the hammerhead turnaround at its northeasterly terminus as depicted on the Plat. Said strip of land is a portion of the lands and premises conveyed to O'Brien Farm Road, LLC by Warranty Deed of O'Brien Family Limited Liability Company dated June 14, 2017 and recorded in Volume 1376 at Page 214 of the City of South Burlington Land Records and also a portion of the lands and premises conveyed to O'Brien Farm Road, LLC by Warranty Deed of O'Brien Home Farm, LLC dated June 14, 2017 and recorded in Volume 1376 at Page 222 of the City of South Burlington Land Records. The Premises are subject to: (a) all rights-of-way, easements, conditions and covenants of record or as depicted on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. . PG s 317 00046471 V s 1392 Exhibit F PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION TWO BROTHERS DRIVE- PHASE II Being a strip of land for public roadway and related utility purposes over an unimproved strip of land, being a sixty-foot wide (60') strip with wider tapered curbs depicted as "Two Brothers Drive" as shown on a plat entitled: "Final Plat, Hillside at O'Brien Farm, O'Brien Farm Road, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheets PL -1 though PL-4, prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1, 2017, last revised August 30, 2017 and recorded in Map Slide of the City of South Burlington Land Records (the "Plat") from the northwestern limit of the intersection of O'Brien Farm Road and Two Brothers Drive to the intersection with Kennedy Drive. Said strip of land is a portion of the lands and premises conveyed to O'Brien Farm Road, LLC by Warranty Deed of O'Brien Home Farm, LLC dated June 14, 2017 and recorded in Volume 1376 at Page 222 of the City of South Burlington Land Records. The Premises are subject to: (a) all rights-of-way, easements, conditions and covenants of record or as depicted on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. PQs 318 00046471 Vs 1392 Exhibit G PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION O'BRIEN FARM ROAD- PHASE II Being an easement for public roadway and related utility purposes over an unimproved strip of land, being a sixty-foot wide (60') strip with wider tapered curbs depicted as "60' wide Easement for future connection to Old Farm Road" as shown on a plat entitled: "Final Plat, Hillside at O'Brien Farm, O'Brien Farm Road, LLC, Old Farm Road & Kennedy Drive, South Burlington, Vermont," Sheet PL -2, prepared by Krebs & Lansing Consulting Engineers, Inc., dated June 1, 2017, last revised August 30, 2017 and recorded in Map Slide of the City of South Burlington Land Records (the "Plat"'). Said strip of land 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. The Premises are subject to: (a) all rights-of-way, easements, conditions and covenants of record or as depicted on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. §§ 601-611, both inclusive; and (b) the provisions of municipal ordinances, public laws, and special acts. Reference is hereby made to the above-mentioned plan and deeds and the records thereof, and the references therein made all in further aid of this description. <1253989\'l/JOP> 000*64-71 PG- 319 Vs 1392 Section 4. This Irrevocable Offer shall serve as notice to any and all utility companies that the City has an interest in the Public Roadways, which interest shall be first and superior to any easements granted to said utility companies, and all work within the area of the Public Roadways shall be in accordance with the City's public works standards as they may be amended from time to time. Section 5. O'Brien Home Farm, LLC joins in this Irrevocable Offer of Dedication for the purpose of conveying the easement set forth in Exhibit G. IN WITNESS WHEREOF, the parties, as evidenced by the signatures of their Duly Authorized Agents, do hereby execute this Irrevocable Offer as of the'Z-'Z day of , 2017. IN PRESmGEt5f>? O'BRIEN FARM ROAb, LLC, By: . Duly Authori: gent fss O' BRIEbm0ME\FA] LLC Z By: Duly Authenzea"AgsQl. Witness OURLINGTO: CITY OF By: Duly Authorized Agent Wit/es: STATE OF VERMONT COUNTY OF CHITTENDEN, SS. On this^<31 day of 2017, personally appeared k^QJ\ LQL/VC^ - , Duly Authorized Agent of O'BRIEN FARM ROAD, LLC, to me known to be the person w^oexecuteci.^ the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free_actj.aiK}).deed . - • ,Ve,V aryjpubkciu ® ^ V "2 ^ ® ^ IS! "y Notary commission issued in Chittehderj?.Cbunty , rV - My commission expires: 2/10/19 ' f ^ and the free act and deed of O'BRIEN FARM ROAD, LLC. dc CUAjni Before me, Printed Name:. PG2 320 Vs 1392 00046471 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. &{as) On this day o: , 2017, personally appeared Duly Authorized Agent of O'BRIEN HOME FARM, LLC, to me known to be the person whMxecuted the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and'B&d. and the free act and deed of O'BRIEN HOME FARM, LLC. ' LV\ © * Before me, K^LQ-TLTl Pitaiy FVbhc ^ », 0 « V 1 ° g r n Printed Name: '» 5? » • 0 v > u v--i| ... j:, . Notary commission issued in CHittendenJCounty"' " . - My commission expires: 2/10/19 '3"" ^ V<':v Kn STATE OF VERMONT COUNTY OF CHITTENDEN, SS. •-V ^ On this oQ1^ day of KevinDcn^ , 2017, personally appeared Duly Authorized Agent of the CITY OF SOUTH BURLINGTON, to me known to be the person who executed the foregoing instrument, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of the CITY OF SOUTH BURLINGTON. - ' ~1i N • <- •.'^% Before me, Notary Public _ ^ v ^ ^ s ! • ^ - u- ^ rai j ^ j Notary commission issued in Chittenden County; \ .• ^ ; My commission expires: 2/10/19 ' tV- ''' . ' • - Q ^ . •- . mv" ^ . 5" .•«* ':Z sSjf- END OF DOCUMENT