HomeMy WebLinkAboutSD-23-09 - Supplemental - 0113 Garden Street (8)
IRREVOCABLE OFFER OF DEDICATION This Irrevocable Offer of Dedication (the “Irrevocable Offer”), dated this ____ day of ___________, 2023, is by and between SOUTH BURLINGTON CITY CENTER, LLC, a Vermont limited liability company with its principal place of business in Burlington, Vermont (“SBCC”) and the CITY OF SOUTH BURLINGTON, a municipality located in the County of Chittenden and State of Vermont (the “City”) (collectively, the “Parties”). Background
1. SBCC is the owner of a 5.86-acre parcel of land (the “SBCC Land”) as shown on the following 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”). SBCC has contracted with Snyder-Braverman Development Company, LLC
(“Snyder-Braverman”) to develop the SBCC Land. 2. On ___________________, 2023, the City Development Review Board (the “Board”) approved Snyder-Braverman’s final plat application #SD-23-06 for the subdivision of the SBCC Land into three (3) lots as depicted as Lot N1 (3.71 Acres), Lot N2 (1.79 Acres) and Lot N3 (0.36 Acres) on and in accordance with the Plat (the “Project”). 3. The Project includes the creation of a right-of-way that SBCC will dedicate to the City for roadway and associated infrastructure and utility purposes, depicted on the Plat as “Future Street Right of Wat” (the “Public Roadway”). The terms and conditions of the Board’s final approval, including but not limited to Condition #___, require SBCC to offer to dedicate the Public Roadway to the City.
4. SBCC now proposes to dedicate to the City, the Public Roadway as more particularly described in Exhibit A attached hereto, subject to the terms and conditions set forth herein.
N O W , T H E R E F O R E ,
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. SBCC herewith delivers to the City a Warranty Deed for the Public Roadway, the description of which is set forth as Exhibit A attached hereto, said delivery constituting a formal irrevocable offer of dedication to the City of the Public Roadway, to be held by the City until the acceptance or rejection of such irrevocable offer of dedication by the City. Section 2. SBCC 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 SBCC and its successors and assigns.
Section 4. This Irrevocable Offer shall serve as notice to any and all utility companies that the City has an interest in the Public Roadway, which interest shall be first and superior to any easements granted to said utility companies, and all work within the area of the Public Roadway shall be in accordance with
the City’s public works standards as they may be amended from time to time.
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IN WITNESS WHEREOF, the parties hereby execute this Irrevocable Offer as of the _____ day
of _________________, 2023. IN PRESENCE OF: SOUTH BURLINGTON CITY CENTER, LLC ______________________________________ By:___________________________________ Witness Duly Authorized Agent CITY OF SOUTH BURLINGTON
___________________________________ By:___________________________________ Witness Duly Authorized Agent
STATE OF VERMONT COUNTY OF CHITTENDEN, SS.
On this _____ day of ________________, 2023, personally appeared __________________________, Duly Authorized Agent of SOUTH BURLINGTON CITY CENTER, LLC, 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 SOUTH BURLINGTON CITY CENTER, LLC. _______________________________________ Notary Public – State of Vermont Printed Name: Commission No.: Commission Expires: 1/31/25⋅ STATE OF VERMONT COUNTY OF CHITTENDEN, SS. At ___________________, in said County and State, this _____ day of _______________, 2023, personally appeared _____________________, Duly Authorized Agent of the CITY OF SOUTH BURLINGTON, 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.
_______________________________________ Notary Public – State of Vermont
Printed Name: Commission No.:
Commission Expires: 1/31/25⋅
Exhibit A PROPERTY DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION Being a parcel of land for public roadway and related utility and infrastructure purposes depicted as all of Lot N3 containing 0.36 acres, “Future Public Street” on the following 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 (collectively, the “Plat”).
Said parcel of land is 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.
Said parcel of land is subject to: (a) all rights-of-way, easements, conditions and covenants as depicted on the Plat, including an 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, 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.⋅