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HomeMy WebLinkAboutSD-22-07 - Supplemental - 0047 Cheesefactory Road (17)- 1 - SHARED ROAD MAINTENANCE AGREEMENT AND STORMWATER MAINTENANCE AGREEMENT THIS SHARED ROAD MAINTENANCE AGREEMENT AND STORMWATER MAINTENANCE AGREEMENT concerns land owned by HICKORY HILLSIDE, LLC (hereinafter referred to as “OWNER”) located in the City of South Burlington, County of Chittenden, and State of Vermont, and shall subject said lands and be a benefit for said lands, and to the successors and/or assigns of said lands or portions thereof. W I T N E S S E T H: WHEREAS, OWNER owns certain property located off Cheesefactory Road in the City of South Burlington, Vermont and being further described as: Being all and the same lands and premises, conveyed to Hickory Hillside, LLC dated October 9, 2018 and recorded in Volume 1442 at Page 44-45 of the Land Records of the City of South Burlington. WHEREAS, OWNER has subdivided the property into four (4) lots, one (1) conservation lot and three (3) individual building lots, and has or will construct individual dwellings on said building lots as depicted on the survey referenced below; WHEREAS, each of the three building lots will utilize a twenty-foot (20’) wide shared private roadway (hereinafter referred to as the “private roadway”) described below for ingress and egress to their respective properties and OWNER seeks to establish the rights and obligations regarding the shared maintenance and upkeep of the private roadway; WHEREAS, all users of said private roadway shall be subject to and have the benefit of this Agreement regarding maintenance, repair, and upkeep of the private roadway running from Cheesefactory Road, to the individual lots as depicted on the survey referenced below; AND, WHEREAS, each of the four lots will be subject to and have the benefit of this Agreement regarding maintenance, repair, and upkeep of the stormwater system. NOW, THEREFORE, in consideration of the mutual promises set forth herein and - 2 - other good and valuable consideration the parties hereto agree as follows: A. SHARED ROAD MAINTENANCE AGREEMENT 1.The four lots to be subdivided by OWNER subject to this Agreement are depicted on a survey entitled, “Lands of Ernest N. Auclair Family Trust, 4- Lot Planned Unit Development Plat” drawn by Lamoureux & Dickinson Consulting Engineers, Inc., dated 1/18/21, last revised 3/7/22 and recorded at Map Slide _____ of the Land Records of the City of South Burlington, Vermont. 2.The private roadway serving the four (4) lots subdivided by OWNER is depicted as “Access and Utility Easement from Lot 1 to Lots 2, 3 & 4” on the above-referenced survey. 3.Each of the four lots in the subdivision shall be conveyed by OWNER with the benefit of an easement over the private roadway for ingress and egress. 4.The record owners of each individual lot agree to maintain and, when necessary, improve the private roadway. Furthermore, the record owners of the all the individual lots agree to perform repairs so as to maintain the road in good and safe condition, including, but not limited to, grading, snowplowing, and snow removal. 5.The OWNER and the individual owners of each subdivided lot agree to share in the cost of maintenance, snowplowing, and road improvement/repair expenses in equal shares for said private roadway. All costs for maintenance and upkeep shall be divided equally so each individual lot owner shall be responsible for one fourth (1/4) of all such expenses and costs. 6.The individual owners shall be solely responsible for the cost of maintenance, snowplowing, and driveway improvement/repair expenses for each of their individual driveways which lead from the private roadway to the individual houses. 7.If the lots are reconfigured or requires amendment prior to the OWNER selling each of the lots, this Agreement may be amended by OWNER. - 3 - B.STORMWATER MAINTENANCE AGREEMENT 1.The three lots to be subdivided by OWNER subject to this Agreement are depicted on a survey entitled, “Lands of Ernest N. Auclair Family Trust, 4- Lot Planned Unit Development Plat” drawn by Lamoureux & Dickinson Consulting Engineers, Inc., dated 1/18/21, last revised 3/7/22 and recorded at Map Slide _____ of the Land Records of the City of South Burlington, Vermont. 2.The private stormwater system serving the four (4) lots subdivided by OWNER is depicted as “Stormwater Easement from Lot 1 to Lots 2, 3 & 4” and “Stormwater Easement to Benefit Lots 1, 2, 3 & 4” on the above- referenced survey. 3.Each of the four lots in the subdivision shall be conveyed by OWNER with the benefit of an easement over the stormwater system, including, but not limited to all pipes, swales, and outfalls. 4.The record owners of each individual lot agree to inspect, maintain and, when necessary, repair the stormwater system. 5.The OWNER and the individual owners of each subdivided lot agree to share in the cost of inspection, maintenance, and repair expenses in equal shares for said stormwater system. All costs for maintenance and upkeep shall be divided equally so each individual lot owner shall be responsible for one fourth (1/4) of all such expenses and costs. 6.The individual owners shall be solely responsible for the cost of maintenance and repair expenses for each of their individual lots. 7.If the lots are reconfigured or requires amendment prior to the OWNER selling each of the lots, this Agreement may be amended by OWNER. - 4 - C.GENERAL PROVISION 1.This Agreement and the conditions and covenants contained herein shall be binding upon the heirs, successors and assigns of the OWNER hereto and shall run with the land described above. 2.This Agreement shall be interpreted under the laws of the State of Vermont. 3.In the event one of the record owners of Lots shall fail to pay their fair share of costs as above-mentioned then, and in that event, the other owners shall have all the rights available under the laws of the State of Vermont to collect any amounts due and owing. 4.Should the OWNER or the individual lot owners utilize the services of an attorney to enforce any of the conditions or covenants contained in this Agreement, then and in that event, the prevailing party shall be able to recover their legal fees from the other party. 5.This Agreement may be modified in writing with the written consent of all parties. 6.In the event of a dispute and if the dispute cannot be settled through negotiation, the parties herein agree first to try in good faith to settle the dispute by mediation, or some other dispute resolution procedure. The OWNER and the individual lot owners shall consult and negotiate with each other and a mediator/arbitrator in good faith and in an attempt to reach a just and equitable solution satisfactory to all lot owners.