HomeMy WebLinkAboutSD-23-07 - Supplemental - 0600 Spear Street (29)
DECLARATION REGARDING INFRASTRUCTURE
NOW COME 600 SPEAR EBT, LLC and 600 SPEAR FJT, LLC, both Vermont limited liability
companies (referred to herein together as "600 SPEAR") and state as follows concerning certain
streets and sidewalks that are part of a land development known as "600 Spear Housing" located
at 600 Spear St. in South Burlington, Vermont, and being more particularly described as follows:
Land and premises conveyed to 600 SPEAR EBT, LLC and 600 SPEAR FJT, LLC by
warranty deed of Robert Couillard, Terrence Couillard and Deborah Sheehan
dated December 29, 2020, and recorded in Book 1572 at Page 53 of the City of
South Burlington Land Records (the "Property").
RECITALS
A. 600 Spear has received permission from the City of South Burlington Development
Review Board ("City") to construct on the Property a development consisting of 36 dwelling units
in 8 new buildings and pre-existing house structure together with the redevelopment of an
existing steel building containing certain non-residential uses (the "Development").
B. In connection with the Development, City has required 600 Spear to execute and
deliver a certain Offer of Dedication under which 600 Spear has granted City the right to take
ownership of the designated right of way areas including the streets, sidewalks and other public
infrastructure contained therein (the "Infrastructure").
NOW, THEREFORE, in order to provide for the orderly development and management of
the Development and to clarify the rights and responsibilities of the City and 600 Spear in
connection with the ownership and maintenance of the infrastructure, 600 Spear hereby states
as follows:
1. Ownership of the Infrastructure. Unless and until the City elects to exercise its rights
under the Offer of Dedication, 600 Spear or any successor owner of the Property shall be
the sole owner of the Infrastructure.
2. Maintenance Responsibility. Unless and until the City elects to exercise its rights under
the Offer of Dedication, 600 Spear or any successor owner of the Property shall be solely
responsible for the operation and maintenance of the Infrastructure.
3. Obligations Running with the Land. The burdens and benefits contained in this
declaration shall run with land and shall be binding on all future owners of the Property.
(Signature page follows)
Notice Regarding Infrastructure
Execution Page 1
IN WITNESS WHEREOF, the undersigned set his hand as of the _____ day of __________
2023.
600 SPEAR EBT, LLC,
600 SPEAR FJT, LLC, and
SPEAR STREET SOLAR, LLC
By EF Manager, LLC, Manager
___________________________
FJ von Turkovich
Duly Authorized Representative
STATE OF VERMONT
_______________ COUNTY, SS
At _______________ , in said county and state, on this ____ day of _______ 2023
personally appeared Francis J. von Turkovich, known to me, and acknowledged that he executed
the foregoing instrument as his free act and deed and the free act and deed of EF MANAGER,
LLC, Manager of 600 SPEAR EBT, LLC, 600 SPEAR FJT, LLC, and SPEAR STREET SOLAR, LLC.
Before me, __________________________
Notary Public
Commission #: _______________________
My commission expires: ______________
Declaration Regarding Infrastruture.docx