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HomeMy WebLinkAboutSD-23-11 - Supplemental - 1200 Dorset Street (9)- 1 - WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS that CHRISTINE G. GRIFFIN REVOCABLE TRUST of the Town of Shelburne, County of Chittenden and State of Vermont (“Grantors”), in consideration of the sum of Ten and More Dollars, paid to their full satisfaction by , of the Town of , County of Chittenden and State of Vermont (“Grantees”), by these presents, does hereby GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantees, and , husband and wife, as tenants by the entirety and their heirs and assigns and the heirs and assigns of the survivor thereof forever, a certain piece of land with all improvements thereon and appurtenances thereto in the Town of Shelburne, County of Chittenden and State of Vermont (the “Premises”), described as follows, viz: Being all of Lot __, containing _.___ acres, more or less, as depicted on a subdivision plat entitled: “Two-Lot Subdivision Plat Vermont,” prepared by Civil Engineering Associates, Inc. dated ______, ___, 2020 and recorded in Map Slide of the City of South Burlington Land Records (the “Plat”). Being a portion of the lands and premises conveyed to _____________________ by Warranty Deed from _________________ dated __________, 20___ and recorded in Volume ____ at Page _____ of the Town of Shelburne Land Records. The Premises are conveyed subject to a reserved easement for the operation, maintenance, repair and replacement of a common driveway to be used for all manner of ingress and egress and utilities over a shared driveway for up to ______(____) residences on Lot ____ as shown on the Plat. The common driveway is located within an easement area that is initially _____ (___) feet in width as depicted and shown on the Plat (the “Common Driveway”). The Common Driveway shall be used for access and utilities by Grantees in common with the owners of Lot ___ and other easement holders as shown on the Plat. Grantees, by accepting and recording this Deed, acknowledge and agree for themselves and their heirs and assigns: (a) that they will be responsible for their pro rata share of the costs to maintain, repair and replace the shared portion of the Common Driveway from its entrance at __________ Road to the point where it breaks off to provide exclusive driveway access the residence constructed on the Premises, together with all utilities and landscaping within and along said shared portion of the Common Driveway, including the costs for the removal of snow; provided, further that the owner of Lot 1 and other parties using the Common Driveway for access shall be responsible for the cost to maintain, repair and replace the remaining portion of the Common Driveway beyond the shared portion used by Grantees and their heirs and assigns; (b) that Grantees shall indemnify, defend and hold Grantors, and their heirs and assigns, harmless from any action, claim, damage, penalty or cost, including court costs and reasonable attorneys’ fees, arising from Grantees’ use of the Common Driveway; (c) that any damage to the other lots resulting from Grantees’ construction, use or maintenance of the Common Driveway will be promptly repaired to its original condition, reasonable wear and tear excepted. The Premises are also conveyed subject to a reserved easement for the operation, maintenance, repair and replacement of a common wastewater disposal system for up to ______(____) residences on Lot ____ as shown on the Plat. The wastewater disposal system is located within an easement area that is ____ (__) feet long and _______ (____) feet wide feet in width as depicted and shown on the Plat (the “Common Wastewater Disposal System”). The Common Wastewater Disposal System shall be used for the means of final treatment and disposal of treated septic effluent by Grantees in common with the owners of Lot _____ and other easement holders as shown on the Plat. Grantees, by accepting and recording - 2 - this Deed, acknowledge and agree for themselves and their heirs and assigns: (a) that they will be responsible for their pro rata share of the costs to maintain, repair and replace the shared portion of the Wastewater Disposal System, including the master pump station, together with all utilities and landscaping within and along said shared portion of the Wastewater Disposal System area, including the costs for the periodic mowing of the wastewater disposal field, (b) that Grantees shall indemnify, defend and hold Grantors, and their heirs and assigns, harmless from any action, claim, damage, penalty or cost, including court costs and reasonable attorneys’ fees, arising from Grantees’ use of the Wastewater Disposal System; (c) that any damage to the other lots resulting from Grantees’ construction, use or maintenance of the Wastewater Disposal System will be promptly repaired to its original condition, reasonable wear and tear excepted; and (d) that if any assessment for the maintenance, repair and replacement of the Common Driveway or Wastewater Disposal System is not paid within thirty (30) days after the due date, there shall also be due and owing interest on the delinquent amount, from the due date, of one percent (1%) per month until paid. The collecting lot owner may bring an action at law against the lot owner personally obligated to pay the same, or may take any other legal action against such lot owner, including an action to recover reasonable attorneys’ fees or costs incurred in connection with the collection of the delinquent assessment. Pursuant to 27A V.S.A. § 1-211, the arrangement by the lot owners to pay their prorata share of the expenses for the Common Driveway is exempt from the provisions of the Vermont Common Interest Ownership Act. The Premises are also subject to: (a) taxes assessed on the Grand List not delinquent on the date of this Deed, which Grantees herein assume and agree to pay as part of the consideration for this Deed subject to such taxes being prorated between Grantors and Grantees on the date this Deed is delivered; (b) the provisions of municipal ordinances, public laws and special acts including, without limitation, the terms and conditions of: (i) City of South Burlington Final Plat Approval dated , 2023, as evidenced by Memorandum of Municipal Action dated , 2023 and recorded in Volume at Page of the Town of Shelburne Land Records; (ii) State of Vermont Wastewater System and Potable Water Supply Permit No. WW-4- issued on _, 2023 and recorded in Volume at Page of the Town of Shelburne Land Records; and (iii) Act 250 Project Review Sheet dated , 2023 and recorded in Volume at Page of the City of South Burlington Land Records; and (c) all easements and rights of way of record and 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., including, without limitation: (i) [include listing of permitted encumbrances] Reference is hereby made to the above-mentioned instruments, the records thereof and the references therein contained in further aid of this description. TO HAVE AND TO HOLD the said granted Premises, with all the privileges and appurtenances thereto, to the said Grantees, and , husband and wife, as tenants by the entirety and their heirs and assigns and the heirs and assigns of the survivor thereof to their own use and behoof forever; and the said Grantor, CHRISTINE G. GRIFFIN REVOCABLE TRUST, for herself and her heirs and assigns, do covenant with the said Grantees, and their heirs and assigns, that until the ensealing of these presents, Grantors are the sole owners of the Premises, and have good right and title to convey the same in the manner aforesaid, that the said Premises 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, _________________________________ does hereby execute this Warranty Deed this day of , 2023. - 3 - Christine G. Griffin STATE OF VERMONT COUNTY OF CHITTENDEN, SS. On this day of , 2023, personally appeared ______________________ to me known to be the person who executed the foregoing instrument, and she acknowledged this instrument, by her signed, to be their free act and deed. Before me, Notary Public Printed Name: Notary commission issued in Chittenden County My commission expires: ___/___/20__ <1214574v1/RHR>