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HomeMy WebLinkAboutBATCH - Supplemental - 1740 Dorset StreetADMINISTRATIVE CHECKLIST PROJECT NAME/FILE REFERENCE Ad- 1. LETTER OF NOTIFICATION & APPROVAL MOTION OR FINDINGS & ORDER 2. BONDING OR ESCROW AGREEMENTS LANDSCAPING .:,.TZR R, "'T_G R0;-D S CLRES S!DF:;:A.LKS (NOTE ALL Rom' ,E ASES OR AGREED EENT REVISIONS) J . INSPECTIONS COMPLETED, 4. UTILITY EASE4ENTS RECORDED ACC--P T= 5. CERTIFICATE OF TITLE ETC BILLS OF SALE 5. ROAD;,'AYS DEEDS FOR CITY STREETS ACCEPTED PRIVATE ROAD & WAIVER AGREE14ENT x 7. FINAL PLAT OR RECORD COPY --(STAMPED --- 3. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 3. MISCELIZXNEOUS AGRE'�'KENTS LAIM FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SY ;RED ACCESS POINTS OTHER EI3 & SITE � j7p s o 1 ► ©�?$ SIGNED,& FILED OR RECORDED ). C Y OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LINES F , �S - PAD DATE Ii I. G Pad ? BU-- T TI;G PL?14.- �R RE'CR .-_'IO:•I (R'CO=tD C LCULLTIONS -IND DEPOSIT i�; ACCOU; T) UP let i.e., -%7.:I,U:,TION: CAR COU?:TS October 12, 1978 Dr. Marshall McBean 1740 Dorset Street South Burlington, Vermont 05401 Dear Marshall, This is to formally confirm the action of the South Burlington Planning Commission, at its meeting of October 10, 1978, in conditionally denying your final plat application for a 1 Sot subdivision. A copy f. the motion of denims 1 is enclosed. My interpretation of this condition is that the sub- division is approved if, within 90 days, both the final plat is recorded, and the deed and escrow agreement for the city street - to -be are submitted. Please call if you have any questions. Yours truly, Stephen i-'age, Planner SP/mcg 1 Encl 4) A) Division of land for agricultural or forestry purposes in parcels that are all larger than twentY& five (25) acres, not involving any new street or access, shall not be deemed a subdivision, provided an instrument which waivers development rights, until and unless subdivision review occurs, is approved by the City Attorney and City Council, and is recorded in the City's land records. "Divisions of land such as for minor realignment of pro- perty lines, for municipal purposes which conform to the Comprehensive Plan (such as road widening, easements, sidewalks, parks, etc.), or enlargement of existing lots, shall not be deemed a subdivision, provided that no new developable lots result." C tic MARSHALL MCBEAN ABUTTORS Ernest N. Auclair 1650 Hinesburg Road Thomas A. Kiley 1700 Dorset Street John G. Jewett 1720 Dorset Street Steven L. Freedman 1760 Dorset Street DELIVEAU BARDAR CNITTENDEN V ~•}nv' ili3' .°ell �t-.._,�'�!:e4 I , _ '•,,i .O 'I '/�. -'i. .' 1276.3t 6 09/ f-r.. �•. 1 A {� ..I ��i:s°s��•,'s,.��i fs� FRA1aw / / -,� f �/ L 29D1 ,� w __ 5 ,rf f fYt i +- :'" , 1••'t+FS { � .g � i•>t.�� [ ... � _ se'�\\/y{/I /.. � � 1,c l� .s� .-�" b-.T� w`. sD4'.0'r IAA / � 1:: K ...; } ° S J ! i �k •�9. Y ALEx ,. l .� ,.• 0.A� �' �3� a e1•-O' E '� 77 oco ' ♦ FRANK ! / <w ' / {• � � - _ �' _` ._ /r * - !F •$ 3 1282Acr<s M •)-•.� , 5._ ��'�ly,. 1415 ?a FIFE J' j/ J FRANK W y * SLAIRr • J Q 'i. /'I••, LOT 4 646'Acr //� > t ` yy�_ —_ 1. r 'r.!• a+--ax'-yo": oo' RO. •-�D'-SO M 7. •W.q 600' O N'•O''-yO�tF +. N1 m.. ems. / •t •i _ ' -N DA'-OS'- _ W 2e 00' —j rt i.,.� • 3i + DAIDEL / f � .� IFNED LE011C • . �L .i GEORGE ODAf AN l .a4 W t vR OVE RTV LINE OWNER DR 6 Aq5 bARSNALL YCDEAN ' . `"STING IRON PM SNELDURQ, VT. SUBDIVISION OF" , PROPERTY „�7OF! a ANGLE POINT 1.' REffPENtE ° EDGGEON RWOODS ` DR. S MRS:-"-MARSHAIL'' MC.BEAN" g FOM° M we.t + •a •. Isi DESIGNER RICHARD FARNNANI ASSOC �"` W9r ' pICNT 6 WAf LIFE ^�'�^" •r A- • DRAINAGE WAY 1 WgUSTON, V7 �� DORSET STREET"-,-...,. —ADD--- COfTCIUR INTERVAL s' SCALE I Inch = 100 feet SOUTH BURLINGTON, VT ' A"RVEfORS INC. I < ' NO DUIIDING wR4 IN _ • � NR <�`A . THIS AREA —__ . _ _. _-_____ DAP RE . VT. •N ' 0' 100200 1, DOO' � pgnj,/ FEBRUARY 1977 heI•ct b - JD ��« i .�Fj f �,�, ��� � ram, ��7E-(t l�C--r -- �.y�6Z CAD ---- �l.'j}} j--- �, u.W CITY OF SOUTH BURLINGTON Subdivision Application - FINAL PLAT I Name of Applicant s �� "' � . � �i, %� �� 1, � �HdL L. C- II Name of Subdivision III Indicate any changes to name, address, or phone number of owner of record, applicant, contact person, engineer, sur- veyor, attorney or plat designer since preliminary plat application: /VOA 1�, IV Indicate any changes to the subdivision, such as number of lots or units, property lines, applicant's legal interest in the property, developmental timetable, since preliminary plat application ' a 1 ��.I ij- GICrip— o.�+r�Cvt�ne-a.` / `tOT¢S�t�� CJge e&A etS. S�° oWr. (;��A t.�.g E dt � 1 A� �t,t Gt c `J 2 CXCwvt c ..+.) �� `'1 lX °L'S ► %�� T-1i �i+.. 9 S � C.`'t l�u � E'i� ��1 v \ Wdl�eJe?a? Mf'tU rlCc- cta-3 V Attach a final plat drawing (originals not needed) showing the following information: (1) Proposed subdivision name or identifying title, the name and address of the record owner and subdivider, the name, license number and seal of the licensed land surveyor, the boundaries of the subdivision and its general location in relation to existing streets or other land marks, scale (numerical and graphic), date and true north arrow. (2) Street names and lines, pedestrial ways, lots, reservations, easements, and areas to be dedicated to public use. (3) Sufficient data acceptable to the City Engineer to determine readily the location, bearing and length of every street line, lot line, boudary line and to reproduce such lines upon the ground. Where applicable these should be tied to reference points previously established by the city. -2- (4) The length of all straight lines, the deflection angles, radii, length of curves and central angles of all curves, tangent distances and tangent bearings for each street. (5) By property designation on such Plat, all public space for which offers of cession are made by the subdivider and those spaces title to :which is reserved by him. (6) Lots within the subdivision numbered in numerical order :within blocks, and blocks lettered in alphabetical order. (7) The location of all of the i. iprovements referred to in Section 301.1*and in addition thereto the location of all utility poles, se;age disposal s'%7stens, water supply systems and rough grading and other devices and methods of draining the area affecting the subdivision. S3V�60BD1V -'51C* } 6i. (8) Permanent reference monuments sho-..�1 thus: and lot corner marhers shown thus: "O". (9) Construction drawings of all -. equi red inprovei.ients . VI 12nclose supporting documents listed belo;i or request that they be requires as a condition of final plat approval: (1) Copies of proposed seeds, agreements or other 6ocu7a-�nts showing the manner in which open space, including park and recreational areas and school site areas, are to be dedicated, reserved and maintained and a certificate of the City Attorney that these documents are satisfactory. (2) A certificate of the CitY :Incineer as to the satisfactory completion of all improvements recuiree by the CoimisSion, or, in lieu of any required i_mprovements not so completed, a performance bond to secure completion of such improvements and their maintenance for a period of two years, and written evidence that the City Council is satisfied either with the bonding or surety company or with security furnished by the subdivider. (3) A copy of such covenants or dead restrictions as are in- tended to cover all or part of the tract. (4) A prospectus describing the management organization if one is required. (5) In the case of a subdivision or development served by a privately owned and/or maintained street:. (a) a copy of all proposed deeds, agreements, or other documents which convey or relate to the use of a privately owned street or right-of-way, and a certi- ficte of the City Attorney that these documents are satisfactory. -3- (b) a completed contract between the lando;mer and the city regarding the number of lots or dwelling units to be served by the proposed right-of-way or private street and the responsibility for the roadway maint- enance, along with a certificate of the Ci`-attorney that the contract is satis�actory. (signature) applicant or contact person 2C) � 5 date .ELIVEAU ��,—� I 1, uEw esAI. C.TTENO t 1 + , �� •I LAX \ I �1•�-�3� /� �'. .\ i ., •� •! 1 IT 40 �." S . L S7' 4a y � 1 - , 1• , .' •' � ` ,r�p` 777 7 ! L.a.%..� ��� a la. `ZP•� / „� ! I // •T � , / �'`�1( '/ '.l. { I wt1(:I . ITT / -va �` /' a_y�az' ee.• .E/ /'. •1 ..; 1•i' '4,':.\ «t•.,��i AL(. , �^-� , ,'/-� •/ rRKw1 /r +OIL /_ f -•\ �� . �.f it IS IT Goo now IT ARTjW ia wry./ •!)//7 \ ` .' `�� � I' I / o -Li � ^�1 .r. .�� i-:t... ''� `y• •r�.Sry I i.w� C� i•�•�' EPANA'�% ,`0 •1 I`I ' �: 111! ;11 ` • 1 §+ i. AIR •... -J« _ I LOT a 1646'ACr. 1 / n� _-'�• ,\ ` '•`•• :I ,.4•J 7 ,. It E+•.o' So \0 ` ' .•AueNw if 64--t E'.30" ■ o o' 110 rM� •-i]'•fo'• ' •. y J .C.Y �N &A• -OS'- "• 2e500' 7 - �.4-- \\ I4 Oe.17 ALEZ &LAIR 1 6%2.0' ) / !� AL 3se 0z 1•r. �! GEORGE 0&IIIAN I ' '��+�///P) &ETtT &ANGEL LMEO 'LEDUC ,. ;•,T,L•• w a. r r K E Y a z :77. 1 o e.+�---- PROPERTY LINE i ; d OWNER E.1517ING NION PIN 1 OR IS NtS MARSHALL NCEEA71 T � • � l I n ANGLE POINT , 6NEu1wElE, v► SUBDIVISION:.OF. PROPERTY,'-! N 0 IRON AN SET 1� . .I ,I 10GE W0005 ( �. -DR. 8 MRS* MARSH ALL`:MC.BEAN ; �"•• •• •..1 .• ••• --- RIGHT rr :A, LINE DESIGNER RICHARD EMNNAN ASSOC .RT wa ? ... r..oa .. r ...... . .. e . —..+�+ ON AINAO war : WI 1 ,•�'o^ —ADO-- CorITOLR INTERVAL 5' SCALE I w1u1]7oN, yr ^ DORSET STREET,Inch a.•Iw.a a..... IncA '° 100 feet ' ww .oRs INC�"" SOUTH BURLINGTON VT,~• ;' tf . wo ewL OPA: wml w _ _. , L•, • , I . IT.$ AMCA _— .___ f ...! o Iuo .. x> .ARE, T �•�RRsy FEBRUARY 1977 t .l ew' .00, M E M O R A N D U M To: South Burlington Planning Commission From: William J. Szymanski, City Manager Re: McBean Subdivision, Dorset St. There are three expensive houses now on a private road with the possibility of a fourth on Lot #4. Further sub- division of Lot #5, with the condition that the street will be upgraded to City standards, will place a serious financial burden on anyone that desires to build on subdivided Lot #5. The upgrading of the private road to City standards is estimated to cost approximately $40,000 to $50,000. Respectful yjA b'mitted William . Sanski. City Manager WJY/cy August 3, 1978 TO THE MEMBERS OF THE PLANNING CO�L`fiISSION, CITY OF SOUTH BURLINGTON: The undersigned, owners of the properties known as lots two (2), three (3), and four (4) of the McBean subdivision, do herewith register their adamant opposition to the plan for further subdivision submitted on July 21, 1978 by A. Marshall and Jean U. McBean. Joh Jewett Steven L. Freedman Vincent Bolduc ql& G - ��zt172 vt'-��z.- �cu.P.,y� IM-7 L/V-d< ip� Z4 favx" MEMORANDUM To: South Burlington Planning Commission 10/6/78 #6 McBean Final _Plat This proposal is to set off an existing house along with 15 acres, from an existing parcel of 46 acres (lot 5 on attached sketch) and defer development rights on the balance of the land. The sketch also shows the 4 lots previously subdivided by the McBeans. A condition of the approval on these lots was that the existing driveway was to be upgraded to a city street in the event lot 5 were subdivided. Because this proposed plan does not involve any new developable lots or houses, and the creation of any new lots must entail the upgrading of the drive, I feel there are no substantive planning issues. Dr. John Hewett, an abuttor represented by Attorney Peter Collins (see letter and enclosures attached), dis- agrees unequivocally with my interpretation. Please read the package of documents enclosed carefully. I suggest a formalized hearing procedure to ensure that all opinions and facts are elicited• and a prompt decision may be reached. r QjCA,SZt�\�� 9 F PAU L, FRANK & COLLINS, INC. ATTORNEYS AT LAW R. ALLAN PAUL JOSEPH E.FRANK 135 COLLEGE STREET PETER M.COLLINS JOHN T. SARTORE BURLINGTON, VERMONT 05402 B. MICHAEL FRYE ANTHONY B. LAMB ALAN D. PORT October 2, 1978 Mr. Sidney Poger, Chairman South Burlington Planning Commission 1185 Williston Road South Burlington, VT 05401 Re: McBean Subdivision on Dorset Street Dear Mr. Poger: This firm represents Dr. and Mrs. John Jewett, who reside in the McBean subdivision, so-called, in South Burlington, Vermont. TELEPHONE 658-2311 AREA CODE 802 REPLY TO: P. O. BOX 527 We represented Dr. and Mrs. Jewett at the time they negotiated for the purchase of their property from McBean. In negotiating with McBean, my clients were quite concerned about any future subdivision or development surrounding them, and in light of this concern, all of the documentation on this development was carefully reviewed, and my client even went so far as to seek an opinion from the City Planner as to future subdivision. In reliance upon the representations and covenants of McBean and the City, my client entered into a Purchase and Sale Contract with McBean for the purchase of his parcel in the subdivision. The Purchase and Sale Agreement and the subsequent warranty deed from McBean expressly refer to all of the restrictions and conditions imposed upon that sub- division. It now appears that Mr. McBean desires to further sub- divide his property in direct violation of the covenants and conditions and contrary to his agreement with my clients. I have enclosed photocopies of a number of documents which I feel more than amply supports my clients' position. I respectfully direct your attention to the underlined para- graphs. Mr. Sidney Poger, Chairman October 2, 1978 Page 2 In both the minutes of the March 8 and April 12 meet- ings of the Planning Commission, approval of Mr. McBean's subdivision was expressly conditioned upon upgrading of the private road to City standards prior to approval of any further subdivision. In response to a request from my client on this very issue, the City of South Burlington, acting through its planning assistant, Stephen Page, sent a letter to my client on July 21, 1977, in which the City's position was reaffirmed. Based on these assurrances, my client entered into a Deposit Receipt and Sales Agreement with the McBeans on July 22, 1977. Paragraph 7 of the contract provided: "The parties further agree that the purchasers are purchasing said lot in reliance upon the terms and conditions expressed in a certain agreement and waiver executed by sellers, dated May 24, 1977, and the terms of approval of the South Burlington Planning Commission in connection with said subdivision dated April 12, 1977." Mr. & Mrs. McBean should be fully aware that the subdivision as proposed in their pending application is in direct conflict with the earlier terms of approval and the purchase contract with my clients. I would respectfully submit that the credibility and legal effectiveness of the South Burlington Planning Commission would be greatly jeopardized if it approved the pending or any future application for further subdivision by Mr. & Mrs. McBean without first requiring that said right of way be fully brought up to City standards at the expense of the developer. This office has been authorized to take whatever action is necessary in order to fully protect the vested rights of my clients. I would appreciate it if this letter be considered part of the formal record on this subdivision application, and that copies of same be distributed to the other Planning Commission members. I am sending a copy of this letter Mr. Sidney Pager, Chairman October 2, 1978 Page 3 directly to Stephen Page and Richard Spokes, the City Attorney. Cordially yours, PAU�ay4'K & COLT, , INC.I M. Collins PMC: lmr cc: Mr. Stephen Page "' Richard A. Spokes, Esq. 12) J_n jt of on dots I or rvier)v 0f I�y-to. )o rSet n 0VU p;L 0ClY dari cone z nine t}1_ - nt waivtroy 13r L�Jpli C t I b Cut. cd by tI-, 6, C, 1F( �4 W_— 4PFpmj4,.L 14 5) in 11,0 event o 4U!-e 7-x 01 0 to Dur�3et St t Or 5) t--;c ij, -f SC-I�v)_Tjl - F ny I T-11-7 c �T tO Cj � 3 - L 7 _", I - 'I " _j LS CC), :TIT �� F- u s t be VC __ITI-oved by tile Cit, A L t C ItitY of South Burlington 1175 WILLISTON ROAD SOUTH BURLINGTON, VERMONT 05401 TEL. 863-2891 July 21, 10,77 Dean Jahn Jev:,ett College Of Arts an,-,' Sciences University of Vermont Burlington, Vermont 05401 Re: ;c3ean Subdivision, , Dorset Street, South Burlington Vermont 05401 Dear Dean Jewett: Paul. Heald has requested that 1: explain the roa�and access sitUation on the t,"cBean subdivision, paticUl,rly1ot am. il regard to Access to lot `2 (as well as lots 3, 4., a 5) v ill be via a private right o: V-1ay alone; its southern boundary, maintanence of this the use and right of tray is strictly a private rya tter between the lot oviners. The enclosed agreement explains this situation in Greater detail. nnv further subdivision or lots 1 or 5 will be pre icated an the unnradinq of this private ric, �t, of wav to city street standards (see the enclosed ;nayion of a._r. ' navG l _f)f ne ev'P1 ariPr or aUol !"�.--- x'JenSE? Don't hesitate to call if you ,iav ary questions. Yours truly, Stephen Page Planning Assistant SP/mcg 2 encl. SCHEDULE A PROTECTIVE COVENANTS AND RESTRICTIONS 1. No snowmobiles may be operated on the property except in an emergency. 2. No mobile homes, junk automobiles or unregistered automobiles, except antique automobiles shall be placed or kept on the property. 3. No commercial establishment shall be operated or maintained on the property other than farming and professional offices for a period of fifteen (15) years from April 27, 1977. 4. The foregoing Protective Covenants shall apply to, and be binding upon Lots 1 to 5 of the McBean Subdivision. 5. For fifteen (15) years from April 27, 1977, Lots 2, 3, 4, and 5 of the McBean Subdivision shall not be divided into any parcel or parcels containing less than ten (10) acres. , qV J�C__/Jc;/!�, ■ SCHEDULE A PROTECTIVE COVENANTS, AND RESTRICTIONS 1. No snowmobiles may be operated on the property except in an emergency. 2. No mobile homes, junk automobiles or unregistered automobiles, except antique automobiles, shall be placed or kept on the property. 3. No commercial establishments (shall be operated nnor/� maintained Akprud�ncL� v) on the property other than farmin and professional offices, for a period of €� (5) years from and after the date of closing. 4. The foregoing Protective Covenants shall apply to, and be binding upon Lots 1-5 of the McBean subdivision. 5. Grantee shall neither construct nor permit the construction of any building or other structure upon or across a 60-foot strip of land, or 30 feet on either side thereof, which said strip crosses Lot 1, commencing at the southerly boundary thereof and running in a generally northerly direction to property now owned by Barbara Chittenden, as shown on said plan, it being the intention of the parties to leave an open space 120 feet in width. 6. For 15 years from the date of. this Deed Lot l shall not be sub- divided into more than three lots, one lot on the easterly side of said strip and one lot on the westerly side of said strip In addition to the, - lot on which the dwelling house now stands. No lot.shall contain less than five acres. krs ArcA (•1 , C) S , in-. _ c � c� � � t? �. 4L C v ,. cX r.•. S c c , 'F C', , , c1 r s `i (� �, ,, t O a c c e- s I CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record b. Applicant,,,,,�� C. Contact person Q,G L,-► 4-- R 2) Purpose, location, and nature of subdivision or development, including number of lots, units, or parcels involved as well as proposed use(s). uP—zc�- `u Aiv�ae ca akC-r-Q- f- '�t� (AO" tC- ��� p �o'i S t� acrPS w'k �ouSa� �% -> Ckc r-e-�jQ-u.) �u� u �z ke ('') (,t re— . �.,.. � © � : u.,�i tlh 'Tof- �an � � ACC,., e r l .�(j_C_ ui;de,. O�c�S+. �4 A�['aewa�n 3) Applicant's legal interest in the property (fee simple, option, etc),�,��� 4) Namesof owners of record of all contiguous properties Si-QVtH f W�Ll�MM1v. i-�EJtw.a„/��LK j�\Ar !'+L. CA01I :Tewe_tt aP., 'l30\ck�� 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. -2- 6) Proposed extension, relocation, or modification of municipal facilities such as sewerage, water supply, streets, storm drainage, etc. iU oN"�- 7) Describe any actions ta'„en by the Zoning Board of Adjustment, or previous actions by the South Burlington Planning Commission,,,-ihich affect the proposed subdivision anyinclude dates: �y e 2 (� �. `'--`•" 'vt'Gtw� •• � a . l3 Lt. ► � lir-� �yy+ � (Gw.a ✓ WIC. l �'-n rvl cS S L y�.� � rQ / �. �. 6S- Z r r e o occ," a- i Cc. t C (7 A 8) 2%ttach a sketch plan showing all information required under � items 2 through 7 on p. 5 of the Subdivision Regulations. ,s C signature) app: ant or contact parson date FOR OFFICE USE c e - sub-:,ission of application and sketch plan to administrative officer - this proposal is classified as a major or minor subdivision - application deemed complete - proposal tentatively scheduled for -~irst Planning C07:--fission meeting on Confirmed For RICHARD A. SPOKES JAMES D. FOLEY STEVEN F. STITZEL SP®KEs, F OILF-Y & STITZIJL. ATTORNEYS AT LAW 184 SOUTH WINOOSKI AVENUE POST OFFICE BOX 986 BURLINGTON, VERMONT 05402-0986 January 29, 1985 Mr. Kyle Wheel 575 Dorset Street South Burlington, VT 05401 Dear Kyle: (802) 862-6451 (802) 863-2867 ISSAC N. P. STOKES COUNSEL Enclosed please find Vermont Property Transfer Returns for the Precourt and McBean transfers. A transfer return is not required for a utility easement if the consideration paid is less than $500.00. No consideration was paid in the Wessel transaction. I would recommend that you have Bill Szymanski sign the two transfer returns in behalf of the City. The three deeds and two transfer returns may be presented to the City Clerk for recording. RAS:mil Enclosures Very truly yours, Richard A. Spokes PUBLIC HEARING SOUTH BURLINGTON PLANNING COMMISSION moSouth ll ss on will hold a�public �hearing of the South Burlington City Halt Con- ference Room, 1175 Williston Road, South Tues- day, OBctober10,�e 1978 at 7:30 P.M, Vermont on ., consider the taallawing: - Final plat applica"On of McBMarshall subdepisionratppaI Of a one lot 1740Dorset Street, Theproposed westbyof on I s bounded onFreedman and Jewett, on the north by lands of Kiley, on the east by lands Of AuClair, and on the south by lands of the opplicant copies of the blic inspection at application avail able for the South Burlington City HallSidney B. Po9er Chairman South Burlington Planning Commission September 23, 1978 City of South Burlington 575 DORSET STREET SOUTH BURLINGTON, VERMONT 05401 PLANNER 658-7955 Mr. Richard A. Spokes Spokes, Foley and Stitzel 184 So. Winooski Ave. Burlington, Vermont 05401 RE: Property Transfer Return ZONING ADMINISTRATOR 658-7958 November 26, 1984 Dear Mr. Spokes: Per our conversation of November 19, 1984, I have enclosed a copy of the Deed of Easement for a pedestrian easement on the land of Dr, and Mrs. Marshall McBe Please send me a Property Transfer Return to accompany this. If you have any questions feel free to call me at 658-7953. Sincer ly„ ' Planning Assistant LAW OFFICES OF SPOKES & OBUCHOWSKI 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 June 6, 1977 Robert A. Mello, Esq. Downs, Rachlin & Martin 100 Dorset Street South Burlington, Vermont 05401 Re. McBean - South Burlington Dear Bob: At long last I am reacting to your documents concerning the McBean subdivision on Dorset Street. Unfortunately I did not have time to do my homework under the new subdivision regulations before the city was inundated with several applications. I`have now drafted some proposed forms to be utilized in various situations, along with a memorandum for attorneys representing developers. I know that you and your clients did everything possible to comply with the City requirements, and that in some instances it was impossible O for you to ,react to City policies which were not formulated. Thus, I have taken the liberty of redrafting a couple of your documents, and hope that my delinquency will not inconvenience you and the McBeans. My thoughts in regard to each of your documents are as follows: 1. The executed agreement pertaining to the reservation of a 60 foot strip along the southerly boundary is fine. 2. I have enclosed a new agreement and waiver for your review. This basically is the form I will ba recommending in private road situations. If you have no objections with my draft, perhaps you could have the McBeans sign the original and return it to me. 3. Warranty Deed pertaining to pedestrian trail. The deed is find. It is my opinion however, that it is not necessarily to the City's benefit to acquire strips of land for pedestrian easements unless there is a continuous trail system. Thus, I have recommended to the City a procedure wherein the land owner would execute an offer of irrevocable dedication and simultaneously file with the City a signed warranty deed and Vermont property transfer return. I am enclosing for your review an offer of dedication agreement, along with the portion of my memorandum to the City which Page Two explains the mechanics of the dedication procedure. Basically, what we would be doing is recording the offer of irrevocable dedication and holding the deed and transfer return in escrow. If at some future point in time the City implements a trail system, the city council would accept the dedication offer of the McBeans and at that point in time the deed would be recorded. Again, I would ask that the McBeans sign the enclosed offer of irrevocable dedication if it meets with your approval. The original should be returned to The only other matter I can think of concerns a property transfer return. You may have already filed one with the City, but if not perhaps you could send one to me. I once again apoligize for my delay in responding to you. Please do not hesitate to call me if I can offer any further explanations. Very truly yours, Richard A. Spokes RAS/tb Enclosures cc: Stephen Page LAW OFFICES OF SPOKES & OBUCHOWSKI 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 June 06, 1977 Robert A. Mello, Esq. Downs, Raohlin & Martin 100 Dorset Street South Burlington, Vermont 05401 Re: McBean - South Burlington Dear Bob: At long last I am reacting to your documents concerning the McBean subdivision on Dorset Street. Unfortunately I did not have time to do my homework under the new subdivision regulations before the city was inundated with several applications. I have now drafted some proposed forms to be utilized in various situations, along with a memorandum for attorneys representing developers. I know that you and your clients did everything possible to comply with the City requirements, and that in some instances it was impossible 0 for you to react to City policies which were not formulated. Thus, I have taken the liberty of redrafting a couple of your documents, and hope that my delinquency will not inconvenience you and the McBeans. lkly thoughts in regard to each of your documents are as follows: 1. The exe,;uted agreement pertaining to the reservation of a 60 foot strip along the southerly boundary is fine. 2. 1 have enclosed a new agreement and waiver for your review. This basically is the form I will be recommending in private road situations. If you have no objections with my draft, perhaps you could have the McBeans sign the original and return it to me. 3. Warranty Deed pertaining to pedestrian trail. The deed is find. it is my opinion however, that it is not necessarily to the City's benefit to acquire strips of land for pedestrian easements unless there is a continuous trail system. Thus, I have recommended to the City a procedure wherein the land owner would execute an offer of irrevocable dedication and simultaneously file with the City a signed warranty deed and Vermont property transfer return. I am enclosing for your review an offer of dedication agreement, along with the portion of my memorandum to the City which Page Two explains the mechanics of the dedication procedure. Basically, what we would be doing is recording the offer of irrevocable dedication and holding the deed and transfer return in escrow. If at some future point in time the City implements a trail system, the city council would accept the dedication offer of the McBeans and at that point in time the deed would be recorded. Again, I would ask that the McBeans sign the enclosed offer of irrevocable dedication if it meets with your approval. The original should be returned to me. The only other matter I can think of concerns a property transfer return. You may have already filed one with the City, but if not perhaps you could send one to me. I once again apoligize for my delay in responding to you. Please do not hesitate to call me if I can offer any further explanations. Very truly yours, Richard A. Spolkes Rilsltb Enclosures cc: Stephen Page AGREEMENT AND WAIVER THIS AGREEMENT made this day of June, 1977 by and between A. b4arshall Mclean and Jean U. McBean of Shelburne, Vermont (hereinafter referred to as OWNER) and the City of South Burlington (hereinafter referred to as CITY). WHEREAS, the City's Planning Commission has approved of an access to a public road by a permanent easement or right of way over lands of Owner on Dorset Street in South Burlington as required by Section 11.35 of the City's Zoning Regulations; and WHEREAS, the approval of the City's Planning Commission was subject to certain conditions; and WHEREAS, the parties desire to record a confirmation of said conditions to the,, effect that, by granting said approval and otherwise authorizing the Owner's subdivision, the City has not assumed, but rather has specifically disavowed any intention or obligation to plow, repair or otherwise main- tain said roadway or to accept the same as a public street. i4OW THEREFORE, in consideration of said approval and other considerations, each to the other party given, the parties hereby covenant and agree as follows: 1. The Owner will not apply to the City to have said roadway accepted as a public street without first complying with all applicable construction requirements and specifications set forth in the then existing South Burlington Aloning Regulations, Subdivision Regulations or other applicable municipal ordinances and by-laws, the expense of complying with said requirements and specifications to oe borne solely by the Owner, and their heirs, successors or assigns. 2. The owner waives any rights it may have or claim by virtue of the City's approval of said roadway to request the City to accept said roadway as a public road or street without first completing at its expense all necessary improvements to said roadway as set forth in Paragraph One hereof. 3. The Owner will not in the future change the location of said roadiiay nor extend said roadway without the prior approval of the South Burlington Planning Corrunission, nor shall it permit said roadway to service more than four (4) dwelling units without prior approval of the South Burlington Planning Commission. 4. The Owner shll take no action which shall require the City to maintain or provide any services on said roadway, without first obtaining the City's written consent and approval. The Owner, for themselves and their heirs, successors and assigns, hereby waives any rights they or any of them, now have or may hereafter acquire to seek maintenance or assistance from the City with regard to said roadway, unless otherwise agreed to in writing by the City. 5. The Owner shall fully maintain said roadway at their own expense and keep the same in good order and repair. CM 6. Nothing contained in this agreement shall be construed as obligating the Owner to deducate said roadway as a public street, arid, similarly, nothing contained in this agreement shall be construed as obligating the City to accept any such proffered dedication. IN WITNESS WHEREOF, the parties hereunto set their hands abd seals this day of June, 1977. IN PRESENCE OF: A. -MarslYa11 McBean-Owner Jean U. McBez-,-Owner CITY OF SOUTH BURLINGTON BY: Duly -Authorized Agent STATE OF VLR11ONT CHITTENDEN COUNTY, SS. At this day of June, 1977, personally appeared A. -qiFihall McBQiin- and Jean U. McBean and they acknwoeldged this instrument by them signed and sealed to be their free act and deed. Before me, Notary Public STATE OF VERMONT CHITTENDEN COUNTY, SS. At South :Burlington, this day of June, 1977, personally appeared _ and lie acknowledged this instrument by him signed and sealed to be his free act and deed and the free act and deed of the City of South Burlington. Before me, Notary P�ub1-1'-c 'tea � • j. In the event the escrow agreement is elected, a letter from the bank. must be furnished to the City indicating that the required funds are in fact being held in escrow by the { bank. IRREVOCABLE OFFERS OF DEDICATION (See Exhibit D) This document covers the situation where the City is acquiring or will be acquiring a pedestrian trail or a strip of land along a public highway for future expansion. At the present time, it cannot be determined with any certainty whether the City will in fact need the additional land for highway improvements or will be developing a trail system in the future. Thus, we are requesting irrevocable offers of dedication which would be accepted by the City when it is determined highway improvements are necessary or a pedestrian trail system is implemented. The dedication documents would-be recorded in the land records, but the deeds and transfer returns would not be until such time as the offers of dedication are accepted. The dedication offer must be accompanied by a proposed Warranty Deed or easement deed with the appropriate transfer returns. In addition, certificates of title should be submitted for the land in question. ?1 CITY OF SOUTH BURLINGTON Subdivision Application - SKETCH PLAN 1) Name, address, and phone number of: a. Owner of record 1z WC VAX- b. Applicant c. Contact person��_ 2) Purpose, location, and nature of subdivision or development, including number of 1 ts, units, or arcels involved as well as proposed use(s). y (- � T 3) Applicant's legal interest in the property (fee simple, option, etc) 4) Namesof owners of record of all contiguous properties 5) Type of existing or proposed encumbrances on property such as easements, covenants, leases, rights of way, etc. /l J 2- 6) Proposed extension, relocation, or modification of municipal facilities such as sewerage, water supply, streets, storm drainage, etc. 7) Describe any actions taken by the Zoning Board of Adjustment, or previous actions by the South Burlington Planning Commission, which affect the proposed subdivision anoinclude dates: 8) Attach a sketch plan showing all information required under its 2 through 7 on p. 5 of the Subdivision Regulations. signature) applicant or contact person date FOR OFFICE USE date - subnission of application and sketch plan to administrative officer 1 - this proposal is classified as a major or minor subdivision - application deemed complete - proposal tentatively scheduled for first Planning Com,-fission meeting on Confirmed For ADMINISTRATIVE CHECKLIST PROJECT NP14-E/FILE REFERENCE MCBEAN 4 Lot Subdivision 1. L=.L FR OF NOTIFICATION & APPROVAL MOT 2. BONDING OR ESCROW AGREEMENTS LAI•?DSCAP ING : AT �? ;20�-D S CURBS S ID::::ALKS (NOTE ALL RELEASES OR AGREa TENT REVISIONS) OR FINDINGS & ORD 3. LIST APPROVALS GRANTED, WITH DATES, AND PEtZMITS GRANT INSPECTIONS COAiPLETED, ETC.: 4. UTILITY EASE?4ENTS R ECO RD ED ACC-_ T_D *, BILLS OF SALE 5. CERTIFICATE OF TITLE x V . DEEDS FOR CITY STREETS ACCEPTED * PRIVATE ROAD & WAIVER AGREE14E NT x & SITE Sit'r7`e 9 %w�J 7. FINAL PLAT OR RECORD COPY - STAMPED ., SIGNED, & FILED OR RECORDED B. PEDESTRIAN EASEMENTS ACCEPTED & RECORDED FILED 3. MISCELI,-'XNEOUS AGRE"-.aMENTS LAID FOR ROAD WIDENING OFFER OF IRREVOCABLE DEDICATION FUTURE ACCESS POINTS SYkRED ACCESS POINTS OTHER a 3. C Y OF SURVEY TO ASSESSOR (IF CHANGE IN PROPERTY LIIJES L. F ES - PAID/DATE •,� DO p.I. 7/ .�0/700 H =RI?JG BUILDING P=I'T CO=tD C.LCUL_'-.TIO`1S �T�'D DEPOSIT ir: ACCGU;:T) 2. T U i.e., "O: L .. _," -%%::+ TJATIG::. SC'r:UOL f"IDS CAR COIT_:TS S 0 T Al NL AIR 44-- 4 IAQ la ra %Eo or IssiAc. as ? 4 I r 4 0. 1 ALEX 0 or J-1 Lc use ops OCC L -7V IIA_ SL Am FIIA ,.Tooa 3 12 92,06-1 a%* r to ,or LOT 4 6 WA-1 / , S p -,\\ — 0 1+'4 BETTI G."L ALEX BLAIA At Tyi 6ECIAGE 06AIA 7 14 1 i. K E YP,0 P(RTV LINE J,, .L , '',--I ,--I SON 6b11% bA*U4A" dC MEAN. ! E.SING oON " PIN SKLUO"'. VT. ANG ! SUBDIVISION OF',,PROPERTY. iOFf Ll 10hT I PIN SET DIE DESK"Ift :-C" 1AA*k&1d AISCIC :DR. B MRS -MARSH ALL' 'MC.BEAN 0IGnT 11"F000" LINE DORSET STREW,-.: Al,.l :A1 WDLUSION. WT. _400— Colo SCALE I Inch 100 feet • SOUTH BURLINGTON VT. 110 5—D..; Wy- in M.", I"C r ------ FEBRUARY 1977 I,. Ao,CA - --------- — &AARE 0 IOU ?W 400 bw P11-1I r,> f=t 1'441L- Hf?lv c0r� n4 CTrtf2—i VOmv pv-,g:,t -ftxv� W� LtT) ��kL�C-,tj 1pt,c4 C _r �,.L`�-"�-^^� aU }' e�'- tEo;,....�s„vf w"fiw;,. cueacu-moo Memorandum Re: Next Meetings Agenda Items 10/20/78 Page 3 #7 Regal_ Car Care - Review of Parkinc This facility obtained site plan approval 1 year ago, on the condition that additional parking could be required, if warranted, after a review in one year's time. Both Dick Ward and I concur that no additional parking is necessary. #8 McBean_Sketch Plan -- This proposal is to set off 4 lots from the "backland" with access from a new city street to Dorset Street.