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Home My WebLink AboutSD-23-09 - Supplemental - 0113 Garden Street (6)EASEMENT DEED KNOW ALL PERSONS BY THESE PRESENTS, that SOUTH BURLINGTON CITY CENTER, LLC, a Vermont limited liability company with its principal place of business in Burlington, Vermont (“Grantor”), in consideration of the sum of Ten and More Dollars paid to its full satisfaction by the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden and State of Vermont (“Grantee”), by these presents does freely GIVE, GRANT, SELL, CONVEY, AND CONFIRM unto the Grantee, the CITY OF SOUTH BURLINGTON, and its successors and assigns forever, certain easements over a parcel or parcels of land located in the City of South Burlington in the County of Chittenden and State of Vermont (the “Easements”) described as follows, viz: Stormwater Easement Being an easement twenty (20) feet in width for the Grantee and its successors and assigns to construct, reconstruct, maintain, repair and replace at its sole cost and expense, stormwater inflow and outflow pipes depicted as Easement B – “Proposed Stormwater Easement to the City of South Burlington” on a plat entitled: “Subdivision Survey Plat, Lands of South Burlington City Center, LLC, Market Street & Garden St., South Burlington, VT,” Sheet PL-1, prepared by Barnard & Gervais, LLC, dated _______________, 2023 and recorded in Map Slides _____ and _____ of the City of South Burlington Land Records (the “Plat”). Pedestrian Path Easement Being an easement twenty (20) feet in width for the Grantee and its successors and assigns to construct, reconstruct, maintain, repair and replace at its sole cost and expense, a path for pedestrian access to and from Market Street to Garden Street, which is depicted as Easement C - “Proposed Pedestrian Easement to the City of South Burlington” on the Plat. Included with the Pedestrian Easement shall be a temporary construction easement 5’ on either side of the Pedestrian Easement to provide an area for staging and equipment during periods of construction of the Pedestrian Easement depicted as Easement E – “Proposed 5’ Wide Temporary Construction Easement to the City of South Burlington” on the Plat. The centerline of the Pedestrian Easement shall be the centerline of the sidewalk or path as installed. Temporary Sidewalk Easement and Driveway Easement Grantor has provided Grantee with an Irrevocable Offer of Dedication dated of or about even date herewith for the conveyance of the Future Public Street depicted on the Plat. Grantor will be constructing a sidewalk along the easterly side of the Future Public Street which provides continuous pedestrian connectivity to the Pedestrian Path Easement referenced above. Because the City may not accept the Future Public Street for several years, Grantor hereby conveys a temporary easement for public use over the 6’ sidewalk for Grantee and its successors and assigns, which easement is depicted as Easement D – “Proposed 6’ Wide Temporary Pedestrian Easement to the City of South Burlington” on the Plat, until such time as the Future Public Street is accepted as a public roadway. The City of South Burlington currently leases a parking area on the adjacent lands owned by the Poon Trust, LLC and uses the existing driveway in the location of the Future Public Street for ingress and egress. Reference is made to the existing driveway easement in favor of the adjacent property owned by Poon Trust, LLC and described in the prior Warranty Deed from South Burlington Realty Corporation to China Lite, Inc. dated November 1, 1983 and recorded in Volume 194 at Page 535 of the City of South Burlington Land Records, which is shown as Easement A – - 2 - “Existing Right of Way” on the Plat. Because the City may not accept the Future Public Street for several years, Grantor hereby conveys a temporary easement to Poon Trust, LLC and its successors and assigns for the use of the area depicted as “Future Public Street” on the Plat for all manner of ingress and egress until such time as the Future Public Street is accepted as a public roadway. Temporary Utility Construction and Pedestrian Access Easement Being temporary easements from Grantor to Grantee to be used in connection with the construction of a looped waterline (described below) and connectivity between Easement C and the pedestrian path located on the south side of Garden Street, which easements are depicted as Easement E – “Proposed Temporary Utility Construction & Pedestrian Access Easement to the City of South Burlington” on the Plat. Waterline Easement Being an easement for the construction, operation, maintenance, repair and replacement of a waterline located outside of the box culvert over Garden Street to provide a looped connection to the Dorset Street line, depicted as Easement G – “Proposed Utility Easement to the City of South Burlington” on the Plat. By its recording of this Deed, Grantee agrees, for itself and its successors and assigns, that any premises of Grantor lying outside the scope of the Easements disturbed or affected by Grantee’s exercise of the rights granted it hereunder, shall be restored as near as reasonably practical to their condition prior to such entry at Grantee’s own cost and within a reasonable time, and acknowledges that it will indemnify and hold Grantor and its successors and assigns harmless, to the full limits of liability insurance that Grantee customarily maintains, for any injury or damage resulting from the public use of said rights of way not attributable to acts of the Grantor. Grantee, by the recording of this Deed, acknowledges that the Easements have been donated to the City of South Burlington, at no cost to the City, with the intent that Grantor and its successors and assigns shall receive the full benefit and protection of 19 V.S.A. Section 2309. The Pedestrian Path Easement shall be used by the public as recreational and bicycle pathway subject to the condition that no motorized traffic, including but not limited to motorcycles, trail bikes and snowmobiles, shall be allowed to use the pathway, except motorized vehicles used by the Grantee, or its agents, for the purpose of repairing, maintaining or patrolling the pathways. Further, Grantee, its successors and assigns shall have the right to construct, reconstruct, repair, maintain, replace, patrol, level, fill, drain and pave said recreational pathway, including all necessary bridges, culverts, cuts and ramps, at its sole cost and expense. For the purposes of construction of said pathways, a temporary easement and right-of-way five feet (5’) on each side of the Easements is hereby granted, together with the rights to enter onto the other lands of Grantor proximate thereto. Said temporary easement and right-of-way shall expire once construction of the pathways is completed and the same is open and available to the public. This Easement Deed shall act as a bill of sale and does hereby convey all improvements located on, over and under the Easements and all appurtenances thereto. Grantor, and its successors and assigns, shall have the right to make use of the surface of so much of its property as is encumbered hereby, such as shall not be inconsistent with Grantee’s use of said Easements, but specifically shall place no structures, landscaping or other improvements within said Easements which shall prevent or interfere with the Grantee’s ability to use said Easements. - 3 - The Easements are a portion of the land and premises conveyed to South Burlington City Center, LLC by Quit Claim Deed of Randall G. Munson d/b/a South Burlington Realty Company dated January 30, 2009 and recorded in Volume 853 at Page 222 of the City of South Burlington Land Records. The Easements are subject to the following: (a) the provisions of municipal ordinances, public laws and special acts; and (b) all easements and rights of way of record, or as shown on the Plat, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. § 601, et seq. Reference is hereby made to the above-mentioned instruments, the records thereof, the references therein made, and their respective records and references, in further aid of this description. TO HAVE AND TO HOLD said granted Easements, with all the privileges and appurtenances thereto, to the said Grantee, CITY OF SOUTH BURLINGTON, and its successors and assigns, to their own use and behoof forever; and the said Grantor, SOUTH BURLINGTON CITY CENTER, LLC, for itself and its successors and assigns, does covenant with Grantee and its successors and assigns, that until the ensealing of these presents, Grantor is the sole owner of the Easements, and has good right and title to convey the same in the manner aforesaid, that the said Easements are FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and it hereby engages to WARRANT and DEFEND the same against all lawful claims whatsoever, except as aforementioned. IN WITNESS WHEREOF, SOUTH BURLINGTON CITY CENTER, LLC, as evidenced by the signatures of its Duly Authorized Agent, does hereby execute this Easement Deed this ____ day of ______________, 2023. SOUTH BURLINGTON CITY CENTER, LLC By: Duly Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. Before me, on this _____ day of ________________, 2023, personally appeared ______________________, Duly Authorized Agent of SOUTH BURLINGTON CITY CENTER, LLC, known to me 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 SOUTH BURLINGTON CITY CENTER, LLC. _______________________________________ Notary Public – State of Vermont Printed Name: Commission No.: Commission Expires: 1/31/25⋅