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Home My WebLink AboutSD-11-05 - Supplemental - 0514 Farrell Street') ` Page 1 of 2 ray From: Joseph Bauer Ubauer vtlawoffices.com Sent: Thursday, March 24, 2011 2:46 PM To: ray Subject: Re: Point Five Importance: High Ray - This will serve to formerly confirm that POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC is hereby withdrawing its appeal, #AO-11-03, of the denial of its earlier Sign Permit application #SN-11-04. I have arranged to have our check in the amount of $15.00 to cover the fee fro the recording of the Mylar hand delivered to your office this afternoon. Please advise when you anticipate the Chair of the DRB will sign the Mylar. Will you deliver the Mylar to the City Clerk's office for recording after it is signed? Joe Joseph. P. Bauer, Esq Bauer, Gravel, Farnham, Nuovo & Parker Burlington 802-863-5538 North Hero 802-372-6904 Fax 802-372-6905 WARNING: This message may contain information that is confidential and/or protected under the attorney/client or other lawfully recognized privilege. If you received this message in error or through inappropriate means, please reply to this message to notify the Sender that the message was received by you in error, and then permanently delete this message from all storage media, without forwarding or retaining a copy. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment). ----- Original Message ----- From: ry To: .1 Bauer Sent: Thursday, March 24, 2011 12:52 PM Subject: RE: Point Five Joe, You are correct. Please sign and complete the "Waiver of Right to Appeal" form at www.sburl.com/permits and return it to me. Also, since you did receive the subdivision approval, you will not be proceeding with the sign denial appeal. If so, please submit a request to withdraw this appeal. Thanks. 3/25/2011 Page 2 of 2 Ray Belair Administrative Officer City of So. Burlington 802-846-4106 From: J. Bauer [mailto:jbauer@vtlawoffices.com] Sent: Thursday, March 24, 2011 11:02 AM To: ray Subject: Point Five Ray: It is my understanding that no one else appeared other than the applicant/owners in connection with our application. Please confirm that is the case and if so, it is also my understanding that the applicant/owner can waive their right of appeal. Please confirm. Joe Joseph P. Bauer, Esq.. WARNING: This message may contain information that is confidential and/or protected under the attorney/client or other lawfully recognized privilege. If you received this message in error or through inappropriate means, please reply to this message to notify the Sender that the message was received by you in error, and then permanently delete this message from all storage media, without forwarding or retaining a copy. 3/25/2011 '�®1® Permit Number SN-�- D NO` �City of South Burlington, Vermont Ex . Application for Permanent Sign Permit HIBIT C' 1) OWNER OF RECORD (Name as shown on deed mailin g address, phone and f 47ye - c�2c ,t„- / i I /' cjc� ✓e� ce of �,��✓ 2) APPLICANT (Name, mailing address, phone and fax #) ,v (2, . V L P l�rri.La. y d C (' 11,0e�E�—� C�i3.P11�l1go. Q ZiW_'Mc Xrr_ _ 3) SIGN LOCATION (include business name, address, & phone #) S i 5✓,i��/'iLt" 4) TAX PARCEL ID # (can be obtained at Assessor's Office) 5) SIGN ERECTOR (Name, in 7) DATE OF ERECTION 8) STGN DATA address, phone and fax #): k//1ial)Z� 4 Yale t) ..5: c d v- WALL SIGNS (list size in sq. ft., illumination, & type such as panel or cut-out letter) FREE-STANDING SIGN 1' SIZE (in sq. ft.): 2' OVERALL HEIGHT: SIGNABLE WALL AREA (in sq. ft.): TYPE OF ILLUMINATION: NOTE: A scaled renrlPrino of r -r--- c ----�� --l—Luu mustraung me color of the sign and noting the dimensions of each sign. 9) DATE OF DESIG REVIE ROVAL(if applicable): 10) Applicant Sign re: y� Date: 11) Signature of La n wner: Date: Do not write below this line Fee: A plication: ejected Approved Code Officer Signature: v �� 1 Date: EXHIBIT —a8-- January 12, 2011 Jim Carroll Five Point Development, LLC P.O. Box 1108 Jericho Center, VT 05465 Re: Walgreens Sign Denial Dear Mr. Carroll: RECEIVED JAN 14 2011 *�: Please be advised that permanent sign application #SN-11-04 submitted on December 29, 2010 for the placement of a free-standing sign at 514 Farrell Street has been denied. A copy of the denied application and your $5.00 fee are enclosed. This application was denied for noncompliance with Sections 9(e)(2) and 20(m) of the South Burlington Sign Ordinance. This application may be brought onto compliance by reducing the size to 32 sq. ft. and placing it on the premises of the business. Sincerely, r r� aymond J. oir Code Officer cc: Joseph P. Bauer, Esq. Amanda S.E. Lafferty, Esq. PLEASE NOTE: Pursuant to Section 29 of the South Burlington Sign Ordinance, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal must be accompanied with a $113 filing fee and be filed within 15 days of the date of this decision. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com zr '''�#* x L5-010� southiLburl ,.Himn on PLANNING & ZONING NOTICE OF APPEAL EXHIBIT Application #AO - —�— - 0•3 All information requested below must be completed in full. Failure to provide the requested information on this notice will result in rejection of your application and delay in the review of the appeal before the Development Review Board. I understand: • the presentation procedures required by State Law (Section 4468 of the Planning & Development Act); • that the Development Review Board holds regular meetings twice a month; • that a legal advertisement must appear a minimum of fifteen (15) days prior to the hearing on my appeal. • I agree to pay a fee of $113 to offset the cost of the hearing on my appeal. 1) NAME AND ADDRESS OF APPELLANT(S): Point Five Development South Burlington, LLC 7085 Manlius Center Road East, Syracuse, NY 13052 2) LOCATION AND BRIEF DESCRIPTION OF PROPERTY AT ISSUE IN THIS APPEAL: 514 Farrell Street and Lot 14 of the O'Dell Parkway P.U.D. 3) WHAT ACTION OF THE ADMINISTRATIVE OFFICER ARE YOU APPEALING? The denial of the Applicant's Application (SN #11-04) for a. permanent free standing sign on Lot 14 for the benefit of the Walgreens Store at 514 Farrell Street - see attached letter dated 1/12/11. 4) WHAT PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS ARE APPLICABLE TO THIS APPEAL, IF ANY? The applicabIe sections of the South Burlington Sign Ordinance are: Section 4 - Free Standing Sign; Section 20(M) and Section 3(W). 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburi.com 5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO GRANT? To grant the Application of the Applicant for a free standing sign on Lot 14 for the benefit of the Walgreens Store at 514 Farrell Street, Lot 14 and 514 Farrell Street being both owne y t e pp scant an or t e exc usive benefit of the store. 6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE, IS PROPER UNDER THE CIRCUMSTANCES? Because Lot 14 and 514 Farrell Street are one single premises and have existed as such for_many years and are dedicated to and exclusively used for the benefit of the store. As such, these parcels should be considered a single lot -for the purpose 7pf0 ERSPWA (:&D OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSES (this shall be provided on a separate attached sheet and on pre -stamped and pre -addressed envelopes. The city will add the return address). See attached list. I hereby certify that all the information requested as part of this notice of appeal has been submitted and is accurate to the best of my knowledge. Point F',ve Devet6 en uth Burlington, LLC B I ATURE OF PELLANT os'eph P. Bauer, Esq. Duly Authorized Agent DATE Do not wra, %)w this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: IIa Complete ❑ Incomplete 2 Appeal Form. Rev. 9-2010 5) WHAT RELIEF DO YOU WANT THE DEVELOPMENT REVIEW BOARD TO GRANT? Tyrant the Application of the Applicant for a free standing sign on Lot 14 for the benefit of the Walgreens Store at 514 Farrell Street, Lot 14 and 514 Farrell Street being both owne y t e pp scant and tor t e exclusive benefit of the store. 6) WHY DO YOU BELIEVE THAT THE RELIEF REQUESTED IN NUMBER 5, ABOVE, IS PROPER UNDER THE CIRCUMSTANCES? Because Lot 14 and 514 Farrell Street are one single premises and have existed as such for many years and are dedicated to and exclusively used for.the benefit of the store. As such, these parcels should be considered a single lot -far the purpose 7pf0VVAR_AnSP6VP,W6RD OF ALL CONTIGUOUS PROPERTIES & MAILING ADDRESSEE S (this shall be provided on a separate attached sheet and on pre -stamped and pre -addressed envelopes. The city will add the return address). See attached list. I hereby certify that all the information requested as part of this notice of appeal has been submitted and is accurate to the best of my knowledge. Point Five Deve en uth Burlington, LLC B IG ATURE Of PELLANT oseph P. Bauer, Esq. Duly Authorized Agent, 11 1 A, I TE Do not wrZL" ',)w this line DATE OF SUBMISSION: I have reviewed this preliminary plat application and find it to be: 2--Complete ❑ Incomplete 2 Appeal Form. Rev. 9-2010 PUBLIC NOTICE PUBLIC HEARING SOUTH BURLINGTON DEVELOPMENT REVIEW BOARD The South Burlington Development Review Board will hold a public hearing in .the South Burlington CityHall Conference Room, 575 Dorset Street, South Burlington, Vermont Ion March 1, 2011 at 7;30 P.M. to consider the fol- lowing: 1. Final plat application #SD-11-05 of Point Five Burlington,'LLC & Germania, LLCto amend a pre- viously approved planned unit development consisting of: 1) 425,residential units in eight (8) buildings, 2) a 91 unit congregate housing facil- ity, and 3) a 4,430 sq. ft. expansion of an•indoor recreation facility. The amendment consists of: 1) adding the property at 514 Farrell Street to the PUD, 2) merging the lot at 514 Farrell Street into adjacent lot #15 to create a 0.92 acre parcel, and 3) adjusting the boundary lines between lots # 14 and #15, 514 Farrell Street. 2. Appeal #AO-11-03 of Point Five Development South Burlington, LLC appealing the decision of the Code Officer, denying sign permit applica- tion #SN-11-04 for a free-standing sign to be lo- cated on lot #14 of the O'Dell Parkway PUD, Farrell Street and Shelburne Road. Mark Behr, Chairman South Burlington Development Review,Board Copies of the applications are available for pub- lic inspectionat the South Burlington City Hall. February 10, 2011 WANTED VT FLOWER SHOW IS SEEKING HELP: The VT Flower Show, rated one of the top 10 things to=do in Vermont in the winter by the Vermont Chamber of Commerce, needs help. We are currently seeking vol unteers for thebiennial event which brings together nearly 10,000 people from the greater New England region. Horticulture businesses, garden centers, landscape de- signers and those interested in related fields will gather at the Champlain Valley Exposition in Essex,Junction, Vermont from March 476. Call Delaney Meeting & Event Management, 865-5202. (02/10) Looking for Rice and BHS alumni who want to play in, or be apart of the 3rd annual Rice vs BHS Alumni Basketball Game. Save the date of Thursday, March 3 for a 6:30 game at Rice Memorial. We would like to have an idea of who will be involved, so if possible, contact Susan Cain O'Brien (obrien@ricehs.org) in the.Rice Alumni Office or John and Shelia Pijanowski (srpij@comcast.net) for information. All alumni are welcome! Proceeds from this game will benefit the Rice Boosters and the Brian McNeil Summer, Scholarship Fund. (02 / 10) ITEMS WANTED: The Vermont Refugee Resettlement Program is in need of the fol- lowing, to help the large number of win- tertime refugees get settled in their apart- ments and stay warm. Do you have any of these items that you don't need anymore? FURNITURE: Double and queen size beds, sofas, dressers, kitchen tables and chairs, in solid shape. HOUSEHOLD ITEMS: Sheets, blankets and comforters, landline phones, sewing machines thatwork or need only .minor repair, computers (Windows 2000), big stock pots, and cutting b CLOTHING: Winter coats, boots, scarves, and gloves, baby snowsuit; non-smoking hopseholds (no other ing please). Please deliver to Vermon gee Resettlement Program (VRRF Hegeman Ave., Fort Ethan Allen, (op Fri 8:30 am - 4:30 pm, closed noon he call 338-4632 to arrange for furnitun ups. (01/27) KNITTERS AND CROCHETERS NEI Scarves needed,for Special Olympic mont Winter Games athletes: color(s): Bright green—solidorwith Suggested yarn: Red Heart "Paddy C Encore 054, Berroco Comfort 9752 ( able yarn preferred). Suggested si Wide x 5' long. Suggested;pattern, nE Your choice. Deadline: February 14, Please send or deliver completed st to Special Olympics Vermont,.368 A D, Williston, VT :05495. Questions? G Patty Pasley at plpasley@gmail.com c 9619. (02/03) PUPPY. For a friend who wants a cor ion. Has horses and chickens: Lives in the Northeast Kingdom. likes Jab,, 5204 (02/03) III TREADMILL. Works. fine, even thoul computer panel has been out for yea live on Shelburne Road and can he] load it. 578-9122 (0-1/27) Joseph P. Bauer John C. Gravel Daniel N. Farnham Thomas C. Nuovo Eric G. Parker Ms. Donna Kinville Bauer, Gravel, Farnham, Nuovo & Parker Attorneys at Law 10 Northland Lane P.O. Box 33 South Burlington City Clerk 575 Dorset Street South Burlington, VT 05403 North Hero, Vermont 05474 (802) 372-6904 Fax (802) 372-6905 www.vtlawoffices.com January 18, 2011 Re: Matter: Notice of Appeal Applicant: Point Five Development South Burlington, LLC Property Location: 514 Farrell, Street, South Burlington, Vermont Dear Donna: Alan A. Bjerket Jonathan M. Stebbins John J. Balkunas, Jr.' Renee L. Mobbs 'Also admitted in NH tt Also admitted in NJ Enclosed please find the original of our client's Notice of Appeal of the 1/12/2011 denial of its Application (SN #11-04) for a free-standing sign at 514 Farrell Street. Our check in the amount of $113.00 for the filing fee is also attached. Sincerely, BAUER, GRAVEL, FARNHAM, NUOVO & PARKER J eph P. Bauer, Esq. JPB/mds Enclosures BURLINGTON- 40 College St. • P.O. Box 607 • Burlington, VT 05402 (802) 863-5538 • Fax (802) 864-7779 • Email: bgfinfo@vtlawoffices.com RECEIVED JAN 2 0 2011 City of So. Budington COLCHESTER : 567 Main St. • P.O. Box 123 • Colchester, VT 05446 (802) 879-6323 • Fax (802) 8 79- 7045 - Email:./rontdeslc@vtlawoffices. com MONTPELIER: 29 Main Street - Suite 8 • Montpelier, VT 05602 (802) 229-2000 • (By Appointment Only) Point Five- Burlington LLC, F @M Dev.Co LLC Lot 1 O'Dell Parkway PUD - Tax Map Parcel 0090-00025-C 25 Bacon Street, South Burlington, Vermont Adjoiners List December 16, 2010 PARCEL ID OWNER OF RECORD LOCATION CITY 0670-00466-C F & M Dev. Co. LLC 466 Farrell Street S. Burlington c/o Eric Farrell P.O. Box 1335 Burlington, VT 05401 0670-00412.001 Farrell St. Senior Housing Limited Partnership 412 Farrell Street Unit 1 South Burlington, VT 05403 0670-00412.002 United Way of Chittenden County 412 Farrell Street Unit 2 South Burlington, VT 05403 412 Farrell Street S. Burlington 412 Farrell Street S. Burlington 0670-00412.003 Homeshare Vermont 412 Farrell Street S. Burlington Incorporation 412 Farrell Street Unit 3 South Burlington, VT 05403 0670-00412.004 Visiting Nurse Association 412 Farrell Street S. Burlington of Chittenden. County 412 Farrell Street Unit 4 South Burlington, VT 05403 060-3-002-000 Antonio B. Pomerleau LLC 555 Shelburne St. Burlington 69 College Street P.O. Box 6 Burlington, VT 05402 060-3-003-000 David Wulfson 521 Shelburne St. Burlington Christine Marchese 521 Shelburne Street Burlington, VT 05401 057-4-026-000 Robert J Lake 515 Shelburne St. Burlington 514 Shelburne Road South Burlington, VT 05403 1 057-4-027-000 Mark Bradley 507 Shelburne St. Burlington, VT 05401 057-4-028-000 Ronald Morin Michele Morin 501 Shelburne St. Burlington, VT 05401 1540-00510-C Champlain Oil Co., Inc. P.O. Box 2126 South Burlington, VT 05407 0670-00514-C Point Five Development South Burlington, LLC 7085 Manlius Center Road East Syracuse, NY 13057 1540-00490-C Deimer Properties, Inc. P.O. Box 64678 Burlington, VT 05402 1540-00570-C Acadia Heathcote LLC c/o Acadia Realty Trust 1311 Mamaroneck Avenue Suite 260 White Plains, NY 10605 0670-00007-N State of Vermont (RE: Correctional Facility) 2 Governor Aiken Drive Montpelier, VT 05633 0670-00060-C Sixty Farrell Street Associates LLC P.O. Box 421 Burlington, VT 05402 0670-00070-C EF Farrell LLC DB Morrissey LLC P.O. Box 1335 Burlington, VT 05401-1335 0670-00075-C Burlington Indoor 507 Shelburne St. Burlington 501 Shelburne St. Burlington 510 Shelburne Rd S. Burlington 514 Farrell Street S. Burlington 490 Shelburne Rd S. Burlington 570 Shelburne Rd S. Burlington 7 Farrell Street S. Burlington 38 Eastwood Drive S. Burlington 78 Eastwood Drive S. Burlington 2 Tennis Center 75 Eastwood Drive S. Burlington c/o Twin Oaks Sports & Fitness 95 Kennedy Drive South Burlington, VT 05403 0670-00080-C Burlington Indoor Tennis 25 Joy Drive S. Burlington 142 West Twin Oaks Terrace South Burlington, VT 05403 0670-00345 O'Dell Allocated Housing 345 Farrell Street S. Burlington Limited Partnership c/o HV Marketplace Inc 123 St. Paul Street Burlington, VT 05401 0670-00349 O'Dell Bond Housing 349 Farrell Street S. Burlington Limited Partnership 220 Riverside Avenue Burlington, VT 05401 Interstate 189 State of Vermont S. Burlington Route 7 Agency of Transportation District #5 P.O. Box 168 Essex Junction, VT 05453 0090-00017-C Bacon Street Properties LLC 17 Bacon Street S. Burlington c/o Apple Tree Bay Property Management Burlington, VT 05402 0090-00020-C Warren Wolfe 20 Bacon Street S. Burlington 138 Woodlawn Road Burlington, VT 05401 0750-00029-R Alice Bouche 29 Hadley Road S. Burlington P.O. Box 5573 Essex Junction, VT 0750-00033-R Louise P. Brooks 33 Hadley Road S. Burlington 33 Hadley Road South Burlington, VT 05403 0750-00037-R Frank Haddleton & 37 Hadley Road S. Burlington 3 Brian Jaffarian 37 Hadley Road South Burlington, VT 05403 0750-00065-R Mike and Pam Hennessey 65 Hadley Road 65 Hadley Road South Burlington, VT 05403 0750-67-69-R Victoria Brooks Bevins 67 Hadley Road 67-69 Hadley Road South Burlington, VT 05403 0750-71-73-R Jason Lawson 71 Hadley Road 73 Hadley Road South Burlington, VT 05403 0750-00075-R Frank & Jennifer Kochman 75 Hadley Road 75 Hadley Road South Burlington, VT 05403 0750-00080-R Brendan & Monica Taylor 80 Hadley Road 80 Hadley Road South Burlington, VT 05403 0750-00086-R Nancy Cunha 86 Hadley Road 197 Mutton Hill Dr. Charlotte, VT 05445 0750-00089-R Lorna -Kay Peal 89 Hadley Road Michael Smolin 189 Poker Hill Road Underhill, VT 05489 0750-00099-R Nathaniel Merrill 99 Hadley Road 99 Hadley Road S. Burlington, VT 05403 0750-00103-R Denise A. Blanchard 103 Hadley Road 103 Hadley Road South Burlington, VT 05403 0750-00111-R Madeline P. Cervini 111 Hadley Road 111 Hadley Road South Burlington, VT 05403 0750-113-5-R Michael Abbott 113 Hadley Rd S. Burlington S. Burlington S. Burlington S. Burlington S. Burlington S. Burlington S. Burlington S. Burlington S. Burlington S. Burlington S. Burlington rd 60 Spitfire Drive Plattsburgh, NY 12901 0750-00117-R Catherine Mceahern 117 Hadley Road S. Burlington 117 Hadley Road South Burlington, VT 05403 0750-00119-R Nancy E. Osborne 119 Hadley Road S. Burlington 119 Hadley Road South Burlington, VT 05403 0670-00370 Eastwood Commons 370 Farrell Street S. Burlington c/o Park Place Management Company, Inc. 41 Commerce Avenue, Suite 4 South Burlington, VT 05403 0670-00409 City's Edge 409 Farrell Street S. Burlington c/o Park Place Management Company, Inc. 41 Commerce Avenue, Suite 4 South Burlington, VT 05403 0670-00370 Eastwood Commons II 410 Farrell Street S. Burlington c/o Park Place Management Company, Inc. 41 Commerce Avenue, Suite 4 South Burlington, VT 05403 O'Dell Parkway O'Dell Parkway PUD Association S. Burlington PUD Common P.O. Box 1335 Land Burlington, VT 05402 VT DEC VT Dept. of Conservation Essex Junction Wastewater Management Division c/o Ernie Christianson 111 West St. Essex Junction, VT 05452 5 Bauer, Gravel, Farnham, Nuovo, Joseph. P. Bauer John C. Gravel Daniel N. Farnham Thomas C Nuovo Eric G. Parker Of'Counsel Richard A. Lang, Jr. Mr. Jim Carroll P.O. Box 1108 Jericho, VT 05465 Parker & Lang Attorneys at Law 10 Northland Lanc P.O. Box 33 North Hero, Vermont 05474 (802) 372-6904 Fax (802) 372-6905 www. vtlawo f f ices. com December 10, 2010 Re: Point Five - Application for Walgreens Sign Dear Jim: Alan A. Bjerke' Jonathan M. Stebbins John J. Balkunas, Jr.tt Renee L. Mohbs *Also admitted in NY & FL 'Also admitted in NH ' Also admitted in N,1 Per my e-mail of December 10, 2010, I am enclosing the original letter with the attachments thereto, which you should attach to the Application to the City of South Burlington for the Walgreens' sign. Please provide me with a copy of the Application you submit to the City. Sincerely, BAUER, GRAVEL, FARNHAM, NUOT PARKER & LANG t /seph P. Bauer, Esq. JPB/mds Enclosures BURLINGTON 40 College St. • P.O. Box 607 • Burlington, VT 05402 COLCHESTER : 567 Main St. • P.O. Box 123 - Colchester, VT 05440 (802) 863-5538 • Fax (802) 864-7779 • Email: bgrnfo@awlawof ces.com (802) 879-6323 • Fax (802) 879-7045 • Email: ,fronidesk(aavtlaivoffices.com MONTPELIER: 29 Main Street - Suite 8 • Montpelier, 11T 05602 (802) 229-2000 • (By Appointment Only) Bauer, Gravel, Farnham, Nuovo, .Joseph P. Bauer John C'. Gravel Daniel N. Farnham Thomas C. Nuovo Eric G. Parker Of Counsel Richard A. Lang, Jr. Mr. Ray Belair Zoning Administrator City of South Burlington 575 Dorset Street South Burlington, VT 05403 Parker & Lang Attornevs at Law Alan A. Bierket 10 Northland Lane Jonathan A4. Stebbins P.O. Box 33 John J. Balkunas, A' North Hero, Vermont 0.5474 Renee L. Mohbs (802) 372-6904 Fax (80 2) 3 72-6905 'Also admitted in NY & FL www vdawoff ces. com t/lho admitted in NH tt Also admitted in NI December 10, 200 Re: Application for Walgreens Sign Dear Ray: By way of support of the application filed by Point Five Development South Burlington, LLC (hereinafter "Point Five") for a free standing Walgreens' sign to be located on the westerly portion of Lot 14, I would submit the following: 1. When the parcel on which the new Walgreens' store will be located was created on January 28, 1960 by Thomas Farrell's conveyance to Herman and Mavis Thomas (hereinafter the "Thomas Parcel"), the boundaries of the Thomas Parcel were established as the basic footprint of the existing building. However, from the outset, portions of the existing building/premises encroached on to portions of the remaining lands retained by Thomas Farrell (now Lots 14 and 15), including the building overhang, sidewalks and loading docks, etc. The rights to the construction of these encroachments together with the Thomases' use and occupancy of the parking spaces located to the south and west of the Store (Lot 14) were conveyed to the Thomases by Thomas Farrell by various easements which were contained in the above -referenced January 28, 1960 Warranty Deed. Thus, from its creation, the Thomas Parcel together with the contiguous portions of the lands retained by Thomas Farrell which were subject to the various easements granted to the Thomases and used by them in connection with their various retail operations, BURLINGTON: 40 College St. • P.O. Box 607 • Burlington, VT 05402 COLCHESTER : 567 Main St. • P.O. Box 123 • Colchester, VT 05446 (802) 863-5538 • Fax (802) 864-7779 • Email: bgfl1nfo@vtlawofces.com (802) 879-6323 • Fax (802) 879-7045 • Email. frontdesk(a),vtlawoffices.com MONTPELIER: 29 Main Street - Suite 8 • Montpelier, VT 05602 (802) 229-2000 • (By Appointment Only) Mr. Ray Belair Page 2 December 10, 2010 constituted both "involved land" and "land incident to the use" within the meaning of Vermont's land use and development laws. See Committee to Save The Bishop's House, Inc. v. Medical Center Hospital of Vermont, Inc., (1979) 137 Vt. 142. 2. On February 11, 2002, David M. Farrell and Stewart H. McConaughy, Trustees u/t/a dated March 4, 1977 as amended, Thomas A. Farrell, Donor, Farrell & Morrissey Development Company, Inc. and Farrell Corporation, the then record title holders of the lands contiguous to the Thomas Parcel, executed a Quit Claim Deed (recorded in Volume 540, at Pages 457-466, attached) to the Thomases reconfirming and expanding the Thomases' rights to the use, occupancy and control of the lands contiguous to their property being all of what is now Lot 14 and a portion of Lot 15 for the benefit of their property. On May 7, 2009, the Thomases conveyed the Thomas Parcel to Point Five by two Warranty Deeds (recorded at Volume 861, at Page 40, and Volume 861, at Page 44, attached) which transferred the Thomas Parcel to Point Five, togetherwith all the Thomases' rights to the use, occupancy and control of said contiguous parcels for the benefit of the Thomas Parcel. Finally, on October 21, 2010, Farrell/Morrissey conveyed Lot 14 to Point Five (recorded in Volume 975 at Page 129, attached) which transferred the underlying fee to said lot (i.e. the "dirt") to Point Five subject to all the existing rights held by Point Five for its use, occupancy and control of Lot 14 for the benefit of the "Thomas Parcel". The unescapable conclusion one would draw from a review of the aforesaid deeds is that the "Thomas Parcel" and Lot 14 clearly constitute involved lands within the meaning of the Vermont land use and development laws. 3. The concept that "involved land" includes all the land which is "incident to [its] use" is also contained in the definition of a "Lot" set forth in the South Burlington Land Development Regulations (hereinafter the "South Burlington Regulations") Article 2, Section 2.02, Page 2-20 which defines a Lot as follows: "Lot. A plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all in common ownership and designated as a single parcel, established and recorded by plat, subdivision, or otherwise permitted by law to be used or intended to be used by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by these land development regulations." The contiguous portions of the former Farrell property, specifically that portion now contained in Lot 14, have since January 28, 1960 been "... used or intended to be used by Mr. Ray Belair Page 3 December 10, 2010 aprincipal building [the Thomas Building] ... or [have been] utilized for aprincipal use and uses accessory or incidental to the operation thereof ...." 4. Further, we would argue that the concept of a deemed merger of contiguous commonly owned parcels which are used in support of the principal use located thereon as a single lot is the clear intent of the second paragraph of the definition of a "Lot" as set forth in the South Burlington Sign Ordinance. Additionally, the third exception (exception #3) contained in this paragraph is clearly a drafting error in that its inclusion would render what is clearly intended to be a benefit for non -conforming small lots a nullity. Therefore, for the reasons set forth above, it is clear that the Thomas Parcel and Lot 14 must be considered as one lot for the purpose of the attached application for a free standing sign and I therefore urge your prompt approval of said application. Thank you for your assistance in this matter. Sincerely, BAUER, GRAVEL, FARNHAM, PARKER & LANG Bauer, Esq. JPB/mds Enclosures cc: Point Five Development South Burlington, LLC ARTICLE 2 DEFINITIONS 2-20 Landscaping. The installation and maintenance of, usually, a combination of trees, shrubs, and plants, but not including bare soil, uncultivated vegetation, impervious surfaces, and gravel. Large maturing tree. A tree whose height is greater than thirty-five (35) feet at maturity and meets the specification of "American Standards for Nursery Stock" published by the American Association of Nurserymen. See also canopy tree. Legislative body. The City Council of the City of South Burlington Light manufacturing. The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission exceeding the City's performance standards or other regulations therefor. Light manufacturing includes but is not limited to the production of the following goods: home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods, musical instruments; novelties; wood products; printed material; lithographical plates; type composition; machine tools; dies and gages; ceramics; apparel; lightweight non-ferrous metal products; plastic goods, pharmaceutical goods; and food products, but not animal slaughtering, curing, nor rendering of fats. Loading space. A space or berth available for the loading and/or unloading of goods from commercial vehicles. Lot. A plot, piece, parcel of land or assemblage of recorded contiguous parcels of land, the latter all in common ownership and designated as a single parcel, established and recorded by plat, subdivision, or otherwise permitted by law to be used or intended to be used by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by these land development regulations. Lot boundaries are (A) established by a deed or deeds recorded in the land records of the City of South Burlington, and the records of any public road right-of-way; or (B) shown on a plat approved by the South Burlington Development Review Board pursuant to subdivision and/or land development regulations, provided such approval has not expired. Lot, corner. A lot located at the intersection of two or more streets or abutting a curved street in such a way that the front building line meets either side lot line at interior angle of less than 135 degrees. The point of intersection of the street lot lines is the corner. A corner lot shall be deemed to have two front yards and two side yards and no rear yard. Lot, flag. (A) A lot with no frontage on or abutting a public road and where access to the public road is by a narrow right-of-way usually granted by easement over another lot with the normally required lot frontage, or (B) A lot for which access is provided by a narrow projection of the lot at least fifteen (15) feet in width connecting said lot to a public street. A driveway accessible by emergency equipment must be located on the projection. Lot, interior. A lot other than a corner lot and with frontage only on one street. South Burlington Land Development Regulations Effective January 11, 2010 ARTICLE 2 DEFINITIONS 2-21 Lot, non-standard. When a lot owner owns a lot which fails to meet minimum lot size requirements and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall constitute a single lot, except that: (A) contiguous lots which as of June 7, 1947 were devoted to separate and independent uses shall constitute separate lots so long as such lots continue to be devoted to separate and independent uses; or (B) contiguous lots which are devoted to uses approved as separate uses under the South Burlington Land Development Regulations shall constitute separate lots provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or (C) contiguous lots which are shown on a plat approved by the South Burlington Development Review Board or Planning Commission pursuant to City regulations shall constitute separate lots provided such approval has not expired. Lot, through. A lot other than a corner lot with frontage on more than one street. Lot area. The total area within the lot lines of a lot, excluding any street rights -of -way. South Burlington Land Development Regulations Effective January ll, 2010 ARTICLE 3 GENERAL PROVISIONS 3-6 F. Measuring Distance. Unless otherwise specified, all distances shall be measured horizontally. G. Farms, Farm Structures and Silvicultural Practices These Regulations shall not regulate accepted agricultural and silvicultural practices as defined by the Secretary of Agriculture, Food and Markets, including the construction of farm structures as defined in these Regulations, except that a person shall notify the Department of Planning and Zoning in writing of the intent to build a farm structure and shall abide by setbacks approved by the Secretary of Agriculture, Food and Markets. 3.o5 Lots A. Reduction of Lot Size. No lot shall be so reduced in area that the lot size, coverage, setbacks, or other requirements of these regulations shall be smaller than herein prescribed for each district. B. Lots with No Road Frontage. (1) No land development may be permitted on lots which do not have either frontage on a public road or public waters, unless, with the approval of the Development Review Board through a miscellaneous application, such lots have access to a public road or waters by a permanent easement or right-of- way at least twenty (20) feet in width. (2) The Development Review Board may approve subdivision or development of lots with no frontage on a public street, as long as access to such a street by a permanent easement or right-of-way at least twenty (20) feet in width is provided, according to the following procedures: (a) Required Information. Applications shall include a plan drawn to scale showing boundaries of all properties crossed by and to be served by the proposed private right-of-way, dimensions and grades of the right-of-way, point of access onto a public street, and other information as the Development Review Board may require. (b) Conditions of Approval. Any application to create a new lot with no road frontage shall be subject to the requirements and major subdivision criteria of Article 15 of these Regulations in addition to this section. (i) Number of lots and/or dwelling units on a private right-of-way. The Development Review Board shall limit the number of developable lots on a private right-of-way to three (3) and/or the number of multi- family units to ten (10), whichever is less, beyond which a public street shall be required (See Article 15, Subdivision). The Development South Burlington Land Development Regulations Effective January 11, 2010 ARTICLE 3 GENERAL PROVISIONS 3-7 Review Board shall require a public street if the number of developable lots is greater than three (3) and/or the number of multi -family units is ten (1o) or more, whichever is less. The Development Review Board may also limit the length of a private right-of-way, and may impose other conditions as may be necessary to assure adequate emergency access to all lots and dwelling units. (ii) The Development Review Board may require a right -of way wider than the twenty (20) foot minimum if it is to serve more than one (1) lot. (iii) The Development Review Board may impose conditions to insure the maintenance and permanency of a private right-of-way and to insure that a right-of-way will not place a burden on municipal services. (iv) For a lot with no frontage, the property line that abuts or is closest to the private right-of-way shall be construed as the front lot line and shall determine the front yard. C. Pre -Existing Small Lots. Any lot in individual and separate and nonaffiliated ownership from surrounding properties in existence on the effective date of these Regulations may be developed for the purposes permitted in the district in which it is located, even though not conforming to minimum lot size requirements, if such lot is not less than one -eighth (1/8) acre in area with a minimum width or depth dimension of forty (40) feet. D. Corner Lots. In cases where a lot has frontage on two streets, the lot shall be deemed a corner lot and shall have two frontages. In cases where a lot has frontage on a public street and on a private right-of-way, the lot shall be deemed a corner lot and shall have two frontages. 3.06 Setbacks and Buffers A. General Provisions. The size and dimensions of setbacks shall be as indicated in Table C-2, Dimensional Standards, unless otherwise provided in these Regulations. B. Arterial and Collector Streets. (1) For the arterial and collector streets listed below, minimum front setbacks shall be fifty (50) feet from the edge of the planned right-of-way or greater if so provided elsewhere in this Section 3.o6. South Burlington Land Development Regulations Effective January 11, 2010 Attachment A 01M MER" OT'ITS v Ac� 2b` p�ecordetl in Vol. om Pmg QUIT CLAIM DEED Of So. Burlington Land Altest: �.� Donna S. Ktmvltle, City t KNOW ALL MEN BY THESE PRESENTS, That DAVID M. FARRELL and STEWART H. McCONAUGHY, Trustees u/t/a dated March 4,1977, as amended, Thomas A_ Farrell, Donor, FARRELL & MORRISSEY DEVELOPMENT COMPANY, IN C., a Vermont corporation with a place of business in South Burlington, County of Chittenden and State of Vermont, and FARRELL CORPORATION, a Vermont corporation with a piaceofbusiness in South Burlington, County ofChirtenden and State ofVermont ("Grantors"), in the consideration of Ten and More Dollars received to their full satisfaction from RERNIAN S. THOMAS and MAVIS C. THOMAS, as Trustees of the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991, and as Trustees of the Herman S. Thomas Family Trust u/t/a dated March I3, 1991 (referred to herein as the "Thomas Trustees" and/or the "Grantees"), have REMISED, RELEASED, AND FOREVER QUITCLAIMED unto the said Grantees, and their successors and assigns forever, certain rights, interests and easements in, over and across lands and premises in the City of South Burlington, County of Chittenden and state of Vermont, and generally described as follows (collectively the "Farrel) Property"): First Piece Being a parcel of land with appurtenances thereto and improvements thereon situated on the easterly side ofShelburne Road in the City of South Burlington, Vermont, and being generally as described in a Deed of Thomas A. Farrell to David M. Farrell and Stewart H. McConaughy, Trustees u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor, which Deed is dated April 12, 1992 and recorded in Volume 322 at Pages 315-319 of the South Burlington Land Records. The First Piece is bounded generally as follows: on the north by the southerly line of lands now or formerly of David M. Farrell, Trustee, by the southerly line of Hadley Road, by the southerly lines of certain residential lots situated on the southerly line of Hadley Road, by the southerly line of lands now or formerly of W. Wolfe and by the northerly line of Bacon Street, so-called, partly by each; westerly by the easterly line of lands now or formerly of F. & J. Kochman, by the easterly line of lands now or formerly of W. Wolfe, by the easterly line of Shelburne Road and by the easterly line of the Second Piece, partly by each; southerly by the southerly line of O'Dell Parkway, so-called; and easterly by the westerly line of Farrell Street, by the westerly line of lands now or formerly of David M. Farrell, Trustee, by the westerly line of lands now or formerly of Burlington Indoor Tennis Center, Inc., and by the westerly line of lands now or formerly of E. and K. Johnson, partly by each. Said First Piece is also generally shown and depicted as land of"David M. Farrell and Stewart H. McConaughy Trustees" on a plan captioned "Plat of Boundary Survey Properties To Be Included In And Adjacent To O'Dell Parkway P M" dated June, 2000 and of record in the City of South Burlington Land Records in Map Volume 480 at Page 79. Grantors specifically disclaim any representation or warranty as to metes and bounds set forth in said Deed of Thomas A. Farrell dated April 12, 1992 or courses and distances set forth on said plan. Second Piece Beinga parcel ofland with appurtenances thereto and improvements thereon situated on theeasterly side of Shelbume Road in the City of South Burlington, Vermont, and generally described in a deed ofThomas A. Farrell to Farrell Corporation dated November 8, 1961 and recorded in Volume 61 at Page 92 of the City of'South Burlington Land Records. The Second Piece is bounded generally as follows: on the north by the First Piece, by the southerly line of Bacon Street, by lands now or formeriy of A. and R. Reyes, and by lands now or formerly of Champlain Oil Co., Inc., partly by each; on the west by lands now or formerly of A. and R. Reyes, by lands now or formerly of Champlain Oil Co., Inc., and bythe easterly line ofShelbume Road, partly by each; on the south by the northerly tine of O'Dell Parkway, and on the east by the First Piece; subject to the exclusion from the Second Piece of those lands and premises described in the Farrell to Thomas Deed as defined below. Said Second Piece is also generally shown and depicted as land of "Farrell Corporation" as set forth on the above -referenced plan captioned "Plat of Boundary Survey Properties To Be Included In And Adjacent To O'Dell Parkway PUD" dated June, 2000 and of record in the City of South Burlington Land Records in Map Volume480 at Page 79. Grantors specifically disclaim any representation or warranty as to metes and bounds set forth on said plan. Said rights, interests and easements granted hereby consist of the following: 1. An easement for overhang of the canopy and cornices on the building (the "Thomas Building") located on those lands and premises conveyed to Herman S. Thomas and Mavis C. Thomas by Warranty Deed of Thomas A. Farrell dated January 28, 1960 and recorded in Volume 50 at Pages 48l -482 ofthe City of South Burlington Land Records (the "Farrell to Thomas Deed;" said lands and premises are sometimes hereinafter referred to as the "Thomas Trust Real Estate), and for the location of an oil tank serving the Thomas Building, in each case as existing as of the date of the Farrell to Thomas Deed, and for any replacements thereof of substantially the same size and location. d 2. An easement for access for washing of windows, servicing, repair, maintenance, construction and reconstruction, and for light and air, not less than five (5) feet in width around the entire perimeter of the Thomas Building. 3. The exclusive right to park vehicles, or to prohibit the parking of vehicles, and to load and unload vehicles in an area twenty-five (25) feet in width extending along the entire easterly wall of the Thomas Building and also in the area lying between the southerly wall of the Thomas Building and the northerly sid el ine of"Farrell Street Extension" depicted as "Farce I I Street -L 1.996 Acres" on a plan captioned "Final Plat O'Dell Parkway PUD, South Burlington Vermont" by Civil Engineering Associates, Inc. dated July, 2000, revised 1215/01, a copy of said plan being recorded in Map Volume 495 at Page 93 (the "Final Plat"). The Grantors covenant, for themselves and their respective successors and assigns, that the exclusive parking rights of the Thomas Trustees and their successors and assigns in those areas ofthe Farrell Property located easterly and southerly ofthe Thomas Trust Real Estate shall be free from use by the owners and occupants of the Restaurant Building (as said building is defined in Paragraph 13, below) and the WVNY Building (as said building is defined in Paragraph 11, below). 4. An easement for location and maintenance of utility lines as required to serve the Thomas Trust Real Estate, the Grantors to have the privilege of relocating the same at any time without expense to the Grantees. -2 - 5. A right-of-way and easement to be used in common withal l others now or hereafter having rights therein, over and across a strip of land having a width varying from 60 feet to 168.78 feet, commencing at a location on a westerly boundary line of the land of Farrell Corporation (the "Second Piece" referred to above), said boundary line also being the easterly sideline of Shelburne Road, so-called, thence proceeding in ageneral easterly direction to a location on an easterly boundary line of the land of David M. Farrell and Stewart H. McConaughy, Trustees (the "First Piece" referred to above), said boundary line also being in the westerly sideline of Farrell Street. The location of said right of way is depicted as "Farrell Street f 1.996 Acres" on the Final Plat. Said easement and right-of-way shall be utilized for the benefit of the Thomas Trust Real Estate for pedestrian and vehicular ingress and egress by the Thomas Trustees and their successors and assigns, including their respective customers and suppliers, from and to Shelburne Road and Farrell Street. The Grantors reserve for themselves and their respective successors and assigns the right to enter upon the land subject to the said easement and right-of-way granted in this Paragraph5,fortheputposeof: (i) installing, repairing, maintaining, inspecting, removing and replacing any utility lines and stormwater drainage lines and appurtenances thereto; and (ii) constructing, installing, repairing, maintaining, inspecting, removing and replacing a roadway or any component thereof and appurtenances to said roadway, including but not limited to traffic control devices and traffic signage. The Grantors, and their respective successors and assigns, shall have the right to make all use ofthe land subject to said right-of-way and easement granted in this Paragraph 5 as shall not be inconsistent with the use of the same by the Grantees and their successors and assigns. The Grantors, for themselves and their respective successors and assigns, specifically reserve from the conveyance of said right-of-way and easement granted in this Paragraph 5 the right to relocate from time to time any portion ofsaid right-of-way and easement which does not constitute the westerly phase thereof. The "westerly phase" of said right-of-way and easement is defined as that portion thereof which commences at the intersection of easterly line of Shelburne Road and thence proceeds southeasterly and easterly to a line extending across the width of said right-of-wayand easement at a southerly extension of the easterly boundary of the Thomas Trust Real Estate as depicted on the Final Plat. Said right-of-way and easement granted in this Paragraph 5 is further conveyed subject to an Offer of Dedication from the Grantors and others to the City of South Burlington dated February 2002 and to be recorded in said Land Records. All right, title and interest of the Grantees in and to such easement and right-of-way described in this Paragraph 5 shall terminate upon the City of South Burlington's acceptance of the aforementioned Offer of Dedication (notwithstanding the foregoing, the right ofthe Grantees and their successors and assigns to use the curb cuts referred to in Paragraph 7, below, shall survive any acceptance of said Offer of Dedication, as set forth in Paragraph 7, below). -3- 6. An easement and right-of-way, in common with others, over and across those portions of the Farrell Property which from time to time are intended or designated for vehicular use, for the purpose of providing vehicular access to the Farrel I Street Extension easement and right-of- way described above (or to such public street if such Offer of Dedication is accepted), from the Thomas Trust Real Estate and from all parking areas which are appurtenant thereto. The Grantors, for themselves and their respective successors and assigns, reserve the right to change, relocate and otherwise redesignate the above -described easement and right-of- way granted in this Paragraph 6 for vehicular access upon notice to the Thomas Trustees and their successors and assigns. An easement and right of way over four curb cuts reserved by the Grantors in the Offer of Dedication to the City ofSouth Burlington ofFarrel I Street Extension, and to be reserved by the Grantors in any deed to the City of South Burlington to be delivered pursuant to such Offer of Dedication, which curb cuts are to be constructed in the northerly side of Farrell Street Extension, said curb cuts being more particularly depicted on a plat captioned "O'Dell Parkway PUD Farrel I Street, South Burlington, Vermont Northwest Grading + Drainage Plan,"drawing numberC4 prepared by Civil Engineering Associates, Inc. dated 11/18/99, last revised 12/17/01, said plat recorded on December 21, 2001 in Map V olume 495 at page 95 of said Land Records (hereafter "Grading + Drainage Plan"), and being the four westerly -most curb cuts as depicted on said Grading + Drainage Plan. An easement and right-of-way for veh icular traffic, in common with others, upon, over and across a strip of land having a uniform width of thirty-three (33) feet, the westerly sideline of said strip of land commencing at a point located on the northerly sideline of Farrell Street Extension, which point of commencement is situated twenty-five (25) feet easterly of a second point also located in the northerly sideline of said Farrell Street Extension, which second point marks the southerly terminus ofa southerly extension of the easterly boundary line oftheThomas Trust Real Estate; thence proceeding northerly in a linerunning parallel to and twenty-five (25) feet easterly of said easterly boundary line ofthe Thomas Trust Real Estate to a point which is located in a line which is the easterly extension of the northerly boundary line ofsaid Thomas Trust Real Estate, and which point is located twenty-five (25) feet easterly from that point marking the northeasterly comer of the Thomas Trust Real Estate. The easterly sideline of said strip of land runs parallel to and easterly of the above - described westerly sideline at a uniform distance of thirty-three (33) feet. The Grantors covenant, for themselves and their respective successors and assigns, that the above - described thirty-three (33) foot wide strip of land shall be maintained free from obstructions (including parked vehicles) at all times when any such obstruction would adversely affect the use and enjoyment of the rights herein granted for the benefit of the Thomas Trust Real Estate. An exclusive easement for parking, loading and unloading of vehicles benefitting the Thomas Trust Real Estate over and upon a strip of land having a uniform width of ten (10) feet running adjacent and parallel to the entire length of the northerly boundary ofthe Thomas Trust Real Estate, together with an easement for vehicular traffic, in common with others, upon, over and across a twenty-four (24) foot wide strip of land immediately northerly of, adjacent and parallel to said ten (10) foot wide parking and loading easement referred to in -4- the immediately preceding clause of th is Paragraph 9, to allow vehicularaccess from and to the Westerly Parking Area described below. 10. An exclusive casement for parking benefitting the Thomas Trust Real Estate in that area depicted on the Grading+ Drainage Plan as being located westerly oftheThomas Trust Real Estate, northerly of the northerly sideline ofFarrell Street Extension, southerly of land now or formerly of Champlain Oil Co., Inc., and easterly of Shelburne Road (said parking area is hereafter referred to as the "Westerly Parking Area"). As depicted on said plan, there are forty-one (41) parking spaces in the Westerly Parking Area. Said parking easement is at all times subject to the right of Champlain Oil Co., Inc., and its successors and assigns, to access lands and premises ofChamplai n Oil Co., Inc., as depicted on the above- referenced plat, via a fifty (50) foot wide access easement running adjacent and parallel to the easterly sideline ofShelburne Road between the northerlysidel ineofFarrell Street Extension and the southerly sideline of the land and premises of Champlain Oil Co., Inc. 1 l . The right to use for benefit of the Thomas Trust Real Estate an additional twenty-six (26) parking spaces (the "Additional Parking") within a parking area which shall be initially located easterly of the Thomas Trust Real Estate and southerly of the building presently situated on the Farrell Property and currently occupied by television station WVNY (the "WVNY Building"), the specific location of said parking area to be designated by written notice from the Grantors to the Thomas Trustees (said parking area is hereafter referred to as the "Easterly Parking Area"). The Grantors hereby reserve for themselves and their successors and assigns the unilateral right to: (i) designate the location of the Additional Parking to another parking area on the Farrell Property located northerly of the Thomas Trust Real Estate and westerly of the WVNY Building, the specific location of said parking area to be designated in a notice from the Grantors to the Thomas Trustees (said parking area is hereafter referred to as the "Northerly Parking Area"); (ii) the unilateral right to redesignate from time to time, in whole or in part, the location of the Additional Parking between the Easterly Parking Area and the Northerly Parking Area, provided any such redesignation shall be effective only upon fourteen (14) days' prior notice thereof from the Grantors to the Thomas Trustees; and (i ii) the unilateral right to make reasonable rules and regulations regarding the use ofthe Easterly Parking Area and the Northerly Parking Area. The Additional Parking at all times shall be located not more than two hundred (200) feet from the Thomas Trust Real Estate. The Additional Parking represents the right to use an aggregate of twenty-six (26) parking spaces within one or more of the designated parking areas, but there is no right to.use specifically -designated spaces within said parking areas. The Thomas Trustees, and their successors and assigns, shall not be charged any fees for the Additional Parking, but by acceptance of this Deed the Thomas Trustees covenant, for themselves and their respective successors and assigns, that as a condition of their right to useand enjoy the Additional Parking, they will be responsible for, and agree to pay, their pro rata share of the cost of snow removal, sanding, salting, striping, cleaning, clearing, maintaining, illuminating, landscaping and repaving the parking fields on the Farrel I Property. 12. An easement and right-of-way to store snow removed from the Thomas Trust Real Estate and from those parking areas appurtenant to said real estate on which the Thomas Trust -5- Real Estate enjoys appurtenant exclusive parking rights, to an area on the Farrell Property to be designated by the Grantors by notice to the Thomas Trustees. Said snow storage easement shall include a right of reasonable access over unimproved areas of the Farrell Property to access the designated snow storage area, reserving always to the Grantors and their respective successors and assigns the right to redesignate upon fourteen (14) days' prior notice to the Thomas Trustees th a location of the snow storage area within the Farrell Property and further subject to the reserved right of the Grantors and their respective successors and assigns to terminate the snow storage easement upon fourteen ()4) days' prior notice to the Thomas Trustees or their successors or assigns. If the snow storage easement is soterminated, then the Thomas Trustees, and theirsuccessors and assigns, shall have the right to have the Grantors remove such snow from all parking areas where the Thomas Trustees or their successors or assigns have appurtenant exclusive parking rights and to salt and sand them as appropriate, provided the Thomas Trustees, or their successors and assigns, give the Grantors written notice of the exercise of such right and further prov i d ed the Thomas Trustees and the i r successors and assigns shall reim burse the Grantors and their respective successors and assigns for the expense incurred in so removing and d isposing of the snow and the applicati on of salt and sand, said expense being determined by multiplying: (i) the expenses incurred by the Grantors for removing and disposing of snow and applying salt and sand from all parking areas where the Grantors remove and dispose of snow and apply salt and sand, by (ii) a fraction having a numerator equal' to (a) the number of exclusive parking spaces appurtenant to the Thomas Trust Real Estate and having a denominator equal to (b) the total number of parking spaces in all of the parking areas and parking fields so served by the Grantors. Notwithstanding anything in the foregoing, on written notice from the Thomas Trustees, or their respective successors and assigns, any association of property owners which subsequent to the execution of this Deed becomes responsible for the maintenance of the parking fields or parking areas located on the Farrell Property will, if so requested by the Thomas Trustees, arrange to have the entity responsible for snow removal from such parking Fields or areas, and the salting and sanding of same, provide the same service to the Thomas Trustees or their successors or assigns for the parking fields and areas serving the Thomas Trust Real Estate, at the same rates charged to the association. 13. The Grading 4 Draining Plan depicts a proposed mixed -use building located on the Farrell Property and situated easterly of the Thomas Trust Real Estate (designated on said plan as "Ben Franklin -Existing Building With Adjacent Parking RetaiVWarehouse") and southerly of the VMY Building, said mixed -use building is depicted on said plan as having office, retail and restaurant uses (said mixed -use building is hereafter referred to as the "Restaurant Building"), The Grantors, for themselves and their respective successors and assigns, hereby covenant that any portion of the Restaurant Building located westerly of the line depicted on the Grading + Drainage Plan as "westerly edge of restaurant" shall not be occupied for use as a restaurant without first procuring the written consent to such occupancy from the Thomas Trustees and their respective successors and assigns, but only to the extent their interest in the Thomas Trust Real Estate as evidenced by an instrument recorded in said Land Records, said consent not be unreasonably withheld or delayed. A restaurant use for the purposes of this paragraph is any use requiring receipt of a Food Service Establishment License from the S tateof Vermont. Said covenant is to be construed lMllll!l as a covenant real benefitting the Thomas Trust Real Estate and running with the title to said real estate. The use of the foregoing easements for ingress, egress, access, parking, loading and unloading shall be subject to such reasonable rules and regulations for control of traffic as the Grantors, their respective successors or assigns, may from time to time prescribe, and to such restrictions as have been or may hereafter be imposed by users of the area. The Grantors and their respective successors and assigns may from time to time perform necessary maintenance and remove signs and curbs, enlarge or diminish the rights of the Grantees and other persons to make use of the parking areas (provided, however, that in no event will the numberof parking spaces on the Farrell Property available for the benefit of the Thomas Building be reduced to less than the total number of parking spaces provided for the benefit of the Thomas Building by this Deed, and in no event will the Grantors and their successors and assigns have the right togrant to others rights to park vehicles in the parking areas over which the Thomas Trustees and their successors and assigns have exclusive parking rights as provided herein), and adopt and carryout such other practices as shal I be beneficial for the purposes of which the easements arc granted or reasonably necessary for the enjoyment of the privileges by the Grantees and others; provided, however, such reserved rights shall not be exercised so as to deprive the Grantees and their successors or assigns of the benefit of the easements herein granted. The Grantors reserve, for themselves and their respective successors and assigns, the right to relocate the existing oil tank and power lines, the expense of such relocation to be met by the person relocating the same. As additional consideration for the conveyance of the foregoing rights and easements, Grantees covenant and agree, said covenants to run with and bind the premises hereby conveyed, as follows: No sidewalks, parking areas, roadways, means of ingress oregress or other common areas, shall be used for the sale, display or storage of merchandise or any other property of Grantees. The Grantees' business shall be conducted entirely within the granted premises. By acceptance of this Deed, the Grantees acknowledge and agree: (i) except to the extent otherwise specifically provided herein, Grantors and their successors and assigns shall have no duty to repair, maintain, improve, clean, clear or illuminate any area or property subject to all or any of said easements and rights -of -way; (ii) Grantees and their successors and assigns shall indemnify Grantors and their successors and assigns frorti any loss, cost, damage, claim or expense by any invitee, agent or employee of Grantees on any area in which Grantees have been granted exclusive rights hereunder and on account of ingress to or egress from any such areas, and shall provide evidence of satisfactory I iability insurance protecting against such claims as and when reasonably so requested by Grantors and their successors and assigns; and (iii) so far as applicable and except as and to the extent otherwise expressly provided in this Deed, the decision of the Vermont Superior Court in Herman S. Thomas and Mavis C. Thomas v. Thomas Farrell, 153 Vt. 12 (1989), shall continue to control the interpretation of the respective rights and responsibilities of the parties. Except as otherwise set forth above, the restrictions of the Farrell to Thomas Deed, and reserved for the benefit of Thomas A. Farrell and his successors and assigns (David M. Farrell and Stewart H. McConaughy, Trustees u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor have succeeded thereto) are to the extent of such reservation and benefit hereby released and extinguished, including in particular but not by way of I imitation the provisions of the first paragraph -7- t r. :'i rp• of paragraph 2 of the restrictive covenantseontained in such Farrell to Thomas Deed, which provide as follows: "The Grantees covenant and agree that the premises hereby conveyed shall not be used forth e sale of food for consumption off the premises. If this covenant is violated, the Grantor or Grand Union Stores Incorporated of Vermont, its successors or assigns, shall be entitled to injunctive or other appropriate relief for such violation." 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 all right and title in and to said quitclaimed premises, with the appurtenances thereof, to the said Grantees, and their successors and assigns, forever. AND FURTHERMORE, the said Grantors, do for themselves and heirs, successors and assigns, covenant with the said Grantees, their successors and assigns, that from and after the ensealing of these presents the said Grantors will have and claim no right in or to the said quitclaimed premises. Farrell & Morrissey Development Company, Inc, executes this Deed solely to quitclaim any interest it may have in the rights, interests and easements conveyed herein by virtue of an Option Agreement by and between David M. Farrell and Stewart H. McConaughy, Trustees u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor; David M. Farrell; Farrell Corporation; and Daniel B. Morrissey, which Option Agreement is memorialized by an instrument captioned "Memorandum of Option to Purchase Real Estate" executed on February 19, 1999, March 24, 1999 and March 26, 1999 and recorded in Volume 459, Pages 23-26 of the City of South Burlington Land Records. Wright/Morrissey Realty Corporation succeeded to Daniel B. Morrissey's rights and obligations in said Option Agreement and Memorandum by virtue of an assignment from Daniel B. Morrissey to Wright/Morrissey Realty Corporation having an effective date of June 30, 1999, a Memorandum of such assignment recorded on December28, 2001 in Volume 534, Page I of said Land Records. Farrell & Morrissey Development Company, Inc. succeeded to Wright/Morrissey Realty Corporation's rights and obl igations by virtue of W right/Morrissey Realty Corporation's assignment of its rights and delegation ofitsobligations arising undersaid Option Agreement and Memorandum to Farrell & Morrissey Development Company, Inc. having an effective date of December 31, 2001, a memorandum of such assignment to be recorded in said Land Records. IN WITNESS WHEREOF, the Grantors, as evidenced by the signatures of their duly authorized agents, do hereby execute this document as"of the day of -VC. f" ; 2002. IN PRESENCE OF: DA VID M. FARRELL and STEWART H. McCONAUGHY, Trustees u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor Witness'-_ AWitnetssJ4 - 8 - By: David M. Farre14 Trustee By - Stewart H. McConaughrru Wit_ neii� W itness�J STATE OF VERMONT COUNTY OF CHITTENDEN, SS. FARRELL & MORR]SSEY DEVELOPMENT COMPANY, INC, - 43�t LQ FARRELL CORPORATION By: n On this i day of Ai—b1'UC , 2002, personally appeared DAVW M. FARRELL, Trustee u/t/a dated March 4, 1977, as amendomas A. Farrell, Donor, 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 individually and in his legal capacity as Trustee u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor. Before me,� r"4 I L n'; Notary Public Notary commission issued in Chincriden County My commission expires: 2/10/03 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. On this 01 day of , 2002, personally appeared STEWART H. McCONAUGH'Y, Trustee u/t/a dated March 4,107, as amended, ThomasA. Farrell, Donor, tome 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 individually and in his legal capacity as Trustee u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor. ore rne, �— I. Public Notary commission issued in Chittenden County My commission expires: 2/10/03 -9- 0 STATE OF VERMONT COUNTY OF CHITTENDEN, SS. On this day of AA( , 2002, personally appeared('�r�{'.I Duly Authorized Agent of FARRELL & M4JRRISSEY DEVELOPMENT COWANY, INC., to me known to be the person who executed the foregoing instrument, and he acknowledged this instrument, byhim signed, to be his free act and deed and the free act and deed of FARRELL & MOR.RISSEY DEVELOPMENT COMPANY, INC. Before me,� Notary Public Notary commission issued in Chittenden County My commission expires: 2/10/03 STATE OF VER.MONT COUNTY OF CHITTENDEN, SS. On this l )-5�' day of 2002, personally appeared DulyAuthorized Agent ofFARRELL CO ORATION, tome known to be the person who executed the foregoing instrumcnt, and he acknowledged this instrument, by him signed, to be his free act and deed and the free act and deed of FARRELL CORPORATION. �� .� q 1� .... Before me,C �.L' nl ' Notary Public Notary commission issued in Chirtenden County My commission expires: 2/10/03 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, that EF FARRELL, LLC and .DB MORRISSEY, LLC, both Vermont limited liability companies, with places gf'business in Burlington, County of Chittenden and State of Vermont, Grantors, in consideration of the sum of Ten and More Dollars, paid to their full satisfaction by POINT FIVE DEVELOPMENT SOUTH B URLINGTON, LLC, a New York limited liability company, with a place of business in Burlington, County of Chittenden and State of Vermont, Grantee, by these presents, do freely GIVE, GRANT, SELL, CONVEYAND CONFIRM unto the said Grantee POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC, and its successors and assigns forever, the following described land and premises in the City of South Burlington, County of Chittenden and State of Vermont (the "Premises"), described as follows, viz: Being a lot of land containing 0.739 acres, more or less, said parcel of land depicted as "LOT 14 0.739 AC" on a plat entitled "REVISED FINAL PLAT O'DELL PARKWAYPUD Farrell Street South Burlington Vermont", (the "PUD Plat"), dated 3une 20, 2005, last revised .iuly 1, 2010, prepared by Civil Engineering Associates, Inc., and recorded in Map Slide 51P of the South Burlington City Land Records (the "Land Records"), together with the rights appurtenant to such lot of land in and to an easement and right of way over Farrell Street until such time as Farrell Street has been accepted by the City of South Burlington as a public street. Also included is the interest appurtenant to such lot of land in common with all other Unit Owners in one (1) membership in the O'Dell Parkway Planned Unit Development Association, Inc., a not -for -profit Vermont corporation, and all of the rights and obligations incidental thereto. Unit Owners are collectively entitled to one (1) vote in the O'Dell Parkway Planned Unit Development Association, Inc., said vote to be cast by a representative designated by a majority of the Unit Owners. Grantee, and its successors and assigns, by acceptance of this deed, acknowledges that the Premises are being conveyed in an "AS IS" WHERE IS" condition. Being a portion of the lands and premises conveyed to EF Farrell, LLC and DB Morrissey, LLC by Warranty Deed of F & M Development Company, LLC, dated September 30, 2005 and recorded in Volume 730, Page 370 of the Land Records. The Premises are benefitted and burdened by all easements, rights of way and restrictions of record, including, without limitation, the following: 1. Reciprocal Easement Agreement dated February 11, 2010 and recorded in Volume 919, Page 145 of the Land Records. 2. Covenants, conditions, restrictions, easements and rights of way described in the Declaration of Covenants, Conditions, Restrictions, Easements, Liens and Developments Rights for O'Dell Parkway PUD, dated December 5, 2003 and recorded in Volume 649, Pages 507-557 of the Land Records, as amended by a First Amendment dated March 2, 2004 and recorded in Volume 657, Page 728 of the Land Records, by Second Amendment dated March 17, 2006 and recorded in Volume 820, Page 606 of the Land Records and by Third Amendment dated July 1], 2008 recorded in Volume 820, Page 608 of the Land Records. 3. Agreement between Fire District #1 and Thomas A. Farrell dated August 25, 1947 and recorded in Volume 24, Page 45 of the Land Records. 4. Utility easement granted by Thomas A. Farrell to Green Mountain Power Corporation by Easement Deed dated June 28, 1954 and recorded in Volume 34, Page 80 of the Land Records. 5. Slope rights and drainage rights set forth in the Order of State Highway, dated March 16, 1961 and recorded in Volume 48, Page 429 of the Land Records. 6. Restrictive covenants and conditions set forth in the Warranty Deed of Thomas A. Farrell to Herman S. Thomas and Mavis C. Thomas, dated January 28, 1960 and recorded in Volume 50, Page 481 of the Land Records, said covenants and conditions being subject to a Notice of Extension dated March 24, 1984 and recorded in Volume 201, Page 200 of the Land Records, as the same have been revised by: (1) the Quit Claim Deed from Herman S. Thomas and Mavis C. Thomas, Trustees FEP 11 and 518 Corporation recorded in Volume 540, Page 452 of the Land Records, and (ii) the Quit Claim Deed from David M. Farrell and Stewart H. McConaughy, Trustees, et al, Farrell Corporation and Farrell & Morrissey Development Company, Inc. to Herman S. Thomas and Mavis C. Thomas, Trustees, and recorded in Volume 540, Page 457 of the Land Records. 7. Rights granted by Thomas A. Farrell to Seaway Shopping Center Corporation by Warranty Deed dated December 29, 1959 and recorded in Volume 50, Page 463 of the Land Records. 8. Sewer line easement granted by Thomas A. Farrell to the Town of South Burlington by Warranty Deed dated March 25, 1971 and recorded in Volume 96, Page 390 of the Land Records. 2 9. Sewer line easement granted by Thomas A. Farrell to David M. Farrell by Warranty Deed dated February 27, 1973 and recorded in Volume 108, Page 484 of the Land Records. 10. Utility easement granted by Thomas A. Farrell to Green Mountain Power Corporation by deed dated July 5, 1973 and recorded in Volume 1.09, Page 364 of the Land Records. 11. Utility easement granted by EF Farrell, LLC and DB Morrissey, LLC to Green Mountain Power Corporation and New England Telephone and Telegraph Company dated July 2, 2001 and recorded in Volume 558, Page 7 of t1-3e Land Records. 12. Utility easement granted by Thomas A. Farrell to Green Mountain Power Corporation by deed dated July 5, 1973 and recorded in Volume 109, Page 364 of the Land Records. 13. Easements and rights granted by Thomas A. Farrell to Champlain Oil Company, Inc., by Warranty Deed dated September 10, 1975 and recorded in Volume 126, Page l of the Land Records, as amended. 14. Easement Deed from David M. Farrell and Stewart H. McConaughy, Trustees and F & M Development Company, LLC to Verizon Neew England, Inc,, dated January 27, 2003 and recorded in Volume 602, Page 775 of the Land Records. 15. Easement Deed from EF Farrell, LLC and DB Morrissey, LLC to Vermont Gas Company, dated September 16, 2010 and recorded in Volume .Page ` of the Land Records. 16. Easement Deed from EF Farrell, LLC and DB Morrissey, LLC to Green Mountain Power Corporation, dated September 10, 2010 an d recorded in Volume 961, Page191 of the Land Records. 17. Easement from EF Farrell, LLC and DB Morrissey, LLC to Point Five South Burlington, LLC, dated October 21, 2010 and rec 4orded in Volume — Page _ of the City of South Burlington Land Records. 18. State of Vermont Land Use Permit Case No. 4C1070R (Revised), dated September 26, 2001 and recorded in Volume 521, Page 177 of the Land Records and recorded in Volume 521., Page 210 of the Land Records, as amended by Case No. 4C1070R-2, dated October 19, 2005 and recorded in Volume 731, Page 697 of tl-Ae Land Records and by Case No. 4C 1070R-3 dated August 1, 2006 and recorded in Volume 759, Page 141 of the Land Records, as may be further amended from time to time. 19. State of Vermont Public Water System Permit to Construct PIN No. EJ00-0172.02, dated February 26, 2001, as amended from time to time. 20. State of Vermont Water Supply and Wastewater Disposal Permit Nos. WW-4-1450, WW-4-1451, WW-4-1451-2, WW-4-1502, WW-4-1503, WW-4-1503-2 and WW-4-2499-1, as amended from time to time. 21. State of Vermont Storm Water Discharge Permit No. 1-1438, dated December 1, 2000. 22. Arrny Corps of Engineers Permit Nos. 199901462 issued on July 25, 2000, No. 2000002017 issued on September 13, 2000 and No. GP-58, effective October 15, 1997. 23. City of South Burlington Development Review Board approvals, dated September 19, 2000, August 9, 2001, September 25, 2001, November 6, 2001, Tune 18, 2002, November 6, 2003, March 16, 2004 and .tune 17, 2004, as they may be amended from time to time. 24. City of South Burlington Planning Commission Resolution approving the plat of properties of David M. Farrell and Stewart H. Mcconaughy, Trustees, Farrell Corporation and David M. Farrell, dated October 5, 1997 and recorded in Volume 351, Page 501. 25. Notices of Approval from the City of South Burlington., dated October 4, 1993.and recorded in Volume 351, Page 41.8 and in Volume 351, Page 499 of the Land Records. 26. Development Approval from the City of South Burlington dated December 27, 2001 and recorded in Volume 543, Page 33 of the Land Records, 27. Notice of Intent to Discharge Storm water Runoff from a Construction Site Subject to General Permit No. 3-9001 dated March 22, 2004. 28. City of South Burlington Department of Planning and Zoning Final Plat Application #SD-05-60 Findings of Fact and Decision., dated September 21, 2005. 29. Irrevocable Offers of Dedication for storm water drainage, sidewalks, recreation path, roadways and utility lines from David M. Farrell and Stewart H. McConaughy, Trustees, David M. Farrell, Trustee, Farrell Corporation and Farrell & Morrissey Development Company, Inc. to the City of South Burlington, dated February 28, 2002 and recorded in Volume 543, Pages 299, 308, 317, 333, 358 and 364 of the Land Records. 30. Notice of Conditions of Planned Unit Development Approval, dated December 27, 2001 and recorded in Volume 543, Page 33 of the Land Records. 31. City of South Burlington Findings of Fact and Decision, Final Plat Application #SD- 05-73, dated September 20, 2005, effective September 21, 2005. 4 32. City of South Burlington Findings of Fact and Decision, Final Plat Application #SD- 09-48, dated December 1, 2009. 33. City of South Burlington Findings of Fact and Decision, Final Plat Application #SD- 09-49, dated December 15, 2009. 34. Certain exclusive parking rights set forth in an Agreement dated August 23, 2001, by and between David M. Farrell and Stewart M. McConaughy, Trustees u/t/a dated March 4, 1977, as amended, Thomas A. Farrell, Donor, David M. Farrell, Trustee of the David M. Farrell Trust dated April 5, 1995, Farrell Corporation, Wright/Morrissey Realty Corporation, Herman S. Thomas and Mavis C. Thomas, FEP Il, and Five Eighteen Corp., as amended by a First Amendment dated August. 23, 2001, and as further amended by a Second Amendment dated October 23, 2001. 35. All easements and rights of way benefitting Grantor as depicted or referenced on the PUD Plat. 36. Right of the public and others legally entitled thereto in any portion of the Premises lying within the boundaries of a public road, way, street or alley. 37. Real property taxes, not delinquent, which the Grantee assumes and agrees to pay as part of the consideration for this Deed. Reference is hereby made to Notice of Conditions of Subdivision Approval, dated February 2, 2010 and recorded in Volume 918, Page 150 of the Land Records and to the above instruments and to their records, and to all deeds and records therein referred, in further aid of this description. TO HAVEAND TO HOLD, the said granted Premises, with all the privileges and appurtenances thereof, to the said Grantee POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC, and its successors and assigns, to their own use and behoof forever; and the said Grantors EF FARRELL, LLC and DB MORRISSEY, LLC for themselves and their successors and assigns, do covenant with the said Grantee POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC, and its successors and assigns, that until the ensealing of these presents, it does have good right and title to convey the same in manner aforesaid; that the Premises are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and it does hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. 5 1 EF FARRELL, LLC and DB MORRISSEY, LLC, by their respective duly authorized agents, have caused this instrument to be executed this -;-/ day of October, 2010. EF FARREL,L, LLC By: Eric F. Farrell, Member and Duly Authorized Agent DB MORRLSSEY, LLC By. a'niel B. M rrissey, �Member and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. A in said County and State, this-2 / day of October, 2010, personal l appeared fRIC F. FARRELL, Member and Duly Authorized Agent of EF FARRELL, LLC., and he acknowledged the within instrument, by him subscribed, to be his free act and deed and the free act and deed of EF FARRELL, LLC. Before me, Not y Public My Corn i ssi Expires: 02/ 10/2011 STATE OF VERMONT CHITTENDEN COUNTY, SS. At�.«,�,Et,_,,>.z- -, in said County and State, this do," day of October, 2010, personally appeared DAT41EL B. MORRISSEY, Member and Duly Authorized Agent of DB MORRISSEY, LLC, and he acknowledged the within instrument, by him subscribed, to be his free act and deed and the free act and deed of DB MORRISSEY, LLC. Before me, Notary Public My Commission Expires: 02/10/2011 24 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, that we HERMAN S. THr 1AS and MAVIS C. THOMAS, as Trustees of the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991, of Burlington, in the County of Chittenden and State of Vermont, Grantors, in the consideration of TEN AND MORE DOLLARS paid to our full. satisfaction by POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC, a New York Limited Liability Company with place of business in South Burlington, Vermont, Grantee, by these presents do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC, and its successors and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: A one-half interest in a parcel of land with all buildings and improvements thereon being all and the same lands and premises conveyed to Herman S. Thomas and Mavis C. Thomas by Warranty Deed of Thomas A. Farrell dated January 28, 1960 and recorded in Volume 50, Page 481 of the City of South Burlington Land Records. The herein conveyed lands and premises are subject to and have the benefit of certain easements, rights of way and covenants set forth in the following: 1. Warranty Deed of Thomas A. Farrell to Herman S. Thomas and Mavis C. Thomas dated January 28, 1960 and recorded in Volume 50, Page 481 of the City of South Burlington Land Records, as amended. 2. Quit Claim Deed from Herman S. Thomas and Mavis C. Thomas as Trustees of the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991 and as Trustees of the Herman S. Thomas Family Trust u/t/a dated March 13, 1991, FEP II and Five Eighteen Corp. to David M. Farrell and Stewart H. McConaughy Trustees u/t/a dated March 4, 1977 as amended, Thomas A. Farrell Donor and Farrell Corporation dated February 13, 2002 and recorded in Volume 540, Page 452 of the City of South Burlington Land Records. 3. Quit Claim Deed from David H. Farrell and Stewart H. McConaughy Trustees u/t/a dated March 14, 1977 as amended, Thomas A. Farrell Donor, Farrell & Morrissey Development Company, Inc. and Farrell Corporation to Herman S. Thomas and Mavis C. Thomas as Trustees of the Mavis C. Thomas Family Trust a/t/a dated March 13, 1991 and as Trustees of the Herman S. Thomas Family Trust u/t/a dated March 13, 1991, the Quit Claim Deed being dated February 11, 2002 and recorded in Volume 540, Page 457 of the City of South Burlington Land Records EXCEPT the snow easement referred to in Paragraph 12. 4. Drainage easements contained in a Warranty Deed from Farrell to Wolfe dated November 1, 1948 and recorded in Volume 25, Page 153 of the South Burlington Land Records. Utility easements of record. 6. Provisions of Vermont Supreme Court decision in the matter of Thomas v. Farrell, 153 Vt. 12, 568 A.2d 409. 7. Restriction against use of property as a gasoline service station as set forth in a Lease between Thomas A. Farrell and Cities Service Oil Company dated January 27, 1956 and recorded in Volume 34, Page 217 of the South Burlington Land Records. Reference is hereby made to the following: 1. Plan entitled "Plan of Land and Easements 518 Shelburne Street, South Burlington, Vermont, Thomas A. Farrell Owner" dated October 24, 1959 and recorded in Volume 49, Page 29 (now Map Slide 136) of the City of South Burlington Land Records. 2. Trust Deed from Herman S. Thomas to Herman S. Thomas and Mavis C. Thomas as Trustees of the Herman S. Thomas Family Trust u/t/a dated March 13, 1991, the deed being dated February 10, 1992 and recorded in Volume 318, Page 83 of the City of South Burlington Land Records, 3. Trust Deed from Mavis C. Thomas to Herman S. Thomas and Mavis C. Thomas as Trustees of the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991, the deed being dated February 10, 1992 and recorded in Volume 318, Page 85 of the City of South Burlington Land Records. Reference is made to the aforementioned instruments, the records thereof, and the references therein contained, all in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC., and its successors and assigns, to its own use and behoof forever; And we, the said Grantors, HERMAN S. THOMAS and MAVIS C. THOMAS, as Trustees , for ourselves and our successors and assigns, do covenant with the said Grantee, POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC., and its successors and assigns, that until the ensealing of these presents we are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of May, 2009. STATE OF VERMONT ss. COUNTY OF CHITTENDEN i -44M j7EAN S. TH AS, Trusteea6� -"uo MAVIS C. THOMAS, Trustee At South Burlington, in said County, on this Zday of May, 2009, personally appeared HERMAN S. THOMAS and MAVIS C. THOMAS, as Trustees, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. -21 Before Me, -�-c�- Notary Public My Commission expires: 02/10/2011 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, that we HERMAN S. THOMAS and MAVIS C. THOMAS, as Trustees of the Herman S. Thomas Family Trust u/t/a dated March 13, 1991, of Burlington, in the County of Chittenden and State of Vermont, Grantors, in the consideration of TEN AND MORE DOLLARS paid to our full satisfaction by POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC, a New York Limited Liability Company with place of business in South Burlington, Vermont, Grantee, by these presents do freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee, POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC, and its successors and assigns forever, a certain piece of land in the City of South Burlington, in the County of Chittenden and State of Vermont, described as follows, viz: A one-half interest in a parcel of land with all buildings and improvements thereon being all and the same lands and premises conveyed to Herman S. Thomas and Mavis C. Thomas by Warranty Deed of Thomas A. Farrell dated January 28, 1960 and recorded in Volume 50, Page 481 of the City of South Burlington Land Records. The herein conveyed lands and premises are subject to and have the benefit of certain easements, rights of way and covenants set forth in the following: 1. Warranty Deed of Thomas A. Farrell to Herman S. Thomas and Mavis C. Thomas dated January 28, 1960 and recorded in Volume 50, Page 481 of the City of South Burlington Land Records, as amended. 2. Quit Claim Deed from Herman S. Thomas and Mavis C. Thomas as Trustees of the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991 and as Trustees of the Herman S. Thomas Family Trust u/t/a dated March 13, 1991, FEP R and Five Eighteen Corp. to David M. Farrell and Stewart H. McConaughy Trustees u/t/a dated March 4, 1977 as amended, Thomas A. Farrell Donor and Farrell Corporation dated February 13, 2002 and recorded in Volume 540, Page 452 of the City of South Burlington Land Records. 3. Quit Claim Deed from David H. Farrell and Stewart H. McConaughy Trustees u/t/a dated March 14, 1977 as amended, Thomas A. Farrell Donor, Farrell & Morrissey Development Company, Inc. and Farrell Corporation to Herman S. Thomas and Mavis C. Thomas as Trustees of the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991 and as Trustees of the Herman S. Thomas Family Trust u/t/a dated March 13, 1991, the Quit Claim Deed being dated February 11, 2002 and recorded in Volume 540, Page 457 of the City of South Burlington Land Records EXCEPT the snow easement referred to in Paragraph 12. 4. Drainage easements contained in a Warranty Deed from Farrell to Wolfe dated November 1, 1948 and recorded in Volume 25, Page 153 of the South Burlington Land Records. Utility easements of record. 6. Provisions of Vermont Supreme Court decision in the matter of Thomas v. Farrell, 153 Vt. 12, 568 A.2d 409. 7. Restriction against use of property as a gasoline service station as set forth in a Lease between Thomas A. Farrell and Cities Service Oil Company dated January 27, 1956 and recorded in Volume 34, Page 217 of the South Burlington Land Records. Reference is hereby made to the following: 1. Plan entitled "Plan of Land and Easements 518 Shelburne Street, South Burlington, Vermont, Thomas A. Farrell Owner" dated October 24, 1959 and recorded in Volume 49, Page 29 (now Map Slide 136) of the City of South Burlington Land Records. 2. Trust Deed from Herman S. Thomas to Herman S. Thomas and Mavis C. Thomas as Trustees of the Hennan S. Thomas Family Trust u/t/a dated March 13, 1991, the deed being dated February 10, 1992 and recorded in Volume 318, Page 83 of the City of South Burlington Land Records. 3. Trust Deed from Mavis C. Thomas to Herman S. Thomas and Mavis C. Thomas as Trustees of the Mavis C. Thomas Family Trust u/t/a dated March 13, 1991, the deed being dated February 10, 1992 and recorded in Volume 318, Page 85 of the City of South Burlington Land Records. Reference is made to the aforementioned instruments, the records thereof, and the references therein contained, all in further aid of this description. TO HAVE AND TO HOLD all said granted premises, with all the privileges and appurtenances thereof, to the said Grantee, POINT FIVE DEVELOPMENT SOUTH 2 BURLINGTON, LLC., and its successors and assigns, to its own use and behoof forever; And we, the said Grantors, HERMAN S. THOMAS and MAVIS C. THOMAS, as Trustees , for ourselves and our successors and assigns, do covenant with the said Grantee, POINT FIVE DEVELOPMENT SOUTH BURLINGTON, LLC., and its successors and assigns, that until the ensealing of these presents we are the sole owners of the premises, and have good right and title to convey the same in manner aforesaid, that they are FREE FROM EVERY ENCUMBRANCE, except as aforesaid; and we hereby engage to WARRANT AND DEFEND the same against all lawful claims whatever, except as aforesaid. 4T IN WITNESS WHEREOF, we hereunto set our hands and seals this day of May, 2009. STATE OF VERMONT ss. COUNTY OF CHITTENDEN I 0 7ERMAN S. THOMAS, Trustee MAVIS C. TH MAS, Trustee At South Burlington, in said County, on this day of May, 2009, personally appeared HERMAN S. THOMAS and MAVIS C. THOMAS, as Trustees, and they acknowledged this instrument, by them sealed and subscribed, to be their free act and deed. Before Me, (2" r - /r Notary u lic i My Commission expires: 02/10/2011 January 12, 2011 Jim Carroll Five Point Development, LLC P.O. Box 1108 Jericho Center, VT 05465 Re: Walgreens Sign Denial Dear Mr. Carroll: Please be advised that permanent sign application #SN-11-04 submitted on December 29, 2010 for the placement of a free-standing sign at 514 Farrell Street has been denied. A copy of the denied application and your $5.00 fee are enclosed. This application was denied for noncompliance with Sections 9(e)(2) and 20(m) of the South Burlington Sign Ordinance. This application may be brought onto compliance by reducing the size to 32 sq. ft. and placing it on the premises of the business. Sincerely, 9 aymond J. jr Code Officer cc: Joseph P. Bauer, Esq. Amanda S.E. Lafferty, Esq. PLEASE NOTE: Pursuant to Section 29 of the South Burlington Sign Ordinance, an interested person may appeal this decision by filing a Notice of Appeal with the secretary of the Development Review Board. This Notice of Appeal $113 filing fee and be filed within 15 days of the date of this decision. ccompanied with a 575 Dorset Street South Burlington, VT 05403 tell 802.846,4106 fax 802.846.4101 www.sburl.com 1 `�®10 Permit Number SN-�-_ C City of South Burlington, Vermont Application for Permanent ' 5® Sign Permit 1) OWNER OF RECORD (Name as shown on deed, mailing address hone and _ � p fax #) 2)APPLIC'ANl C%r. 3) SIGN LOCATION (include business name, address, & phone 4) TAX PARCEL ID # (can be obtained at Assessor's Office) , ,f04 5) SIGN ERECTOR (Name, mailing address, phone and fax #): /!U �•i d/��_� ��' 7) DATE OF ERECTION 8) SIGN DATA WALL SIGNS (list size in sq. ft., illumination, & type FREE-STANDING SIGN such as panel or cut-out letter SIZE (in sq. ft.): 2. OVERALL HEIGHT: SIGNABLE WALL AREA (in sq. ft.): TYPE OF ILLUMINATION: NOTE: A scaled rendering of each proposed sign must be submitted illustrating the color of the sign and noting the dimensions of each sign. 9) DATE OF DESIG REVIE ROVAL (if applicable): 10) Applicant Sign e: yy! Date: 11) Signature of La n wner: Date: ��—•� , �, fv Do not write below this line SFee: 46-4� Jplication: ejected Approved Code Officer Signature: �� Date: FACILITIES PLANNING, DESIGN, & ENGINEERIN 106 WILMOT ROAD DEERFIELD, IL 60015-5105 CONSULTANT PROJECT NO. LA09006 €o E PROJECT TYPE . DRAWINGSISPECIFICATIONS BY: a WALGREENS' LANDLORD'S CONSULTANT ALL CONSTRUCTION WORK, UNLESS NOTED OTHERWISE, BY: co ❑ WALGREENS' CONTRACTOR Lo LANDLORD'S CONTRACTOR (TURNKEY CONSTRUCTION) �4czen ; STORE BUILDING m V-8 1 /2" NEW. .......� NEW. El '- - REMODELING . .. .❑ EXISTING . .. , CABINET ELEVATION RELOCATION. .. ❑ NEW SHELL ONLY... ❑ 14 OTHERS. ,❑ SIGN AREA SUMMARY ID PANEL: 26.88 S.F TOTAL SIGN AREA: (X 2 SIDES) 53.76 S.F nr L I rr% • I ► I n-rr-e+_ vd � SaL� S�,4i lam., si otwhc.,e I ice' c'ov a uc t 02 I g J� ,%/�v7- 7G�o�r� s Tyws�' POINT FIVE-BURLiNGTON LLC Ray Belair ZA City of South Burlington Vt. Dear Ray; This letter is intended to support your consideration of sign Application for amending the existing, sign at the same location and dimensions as presently permitted. The change is in recognition of the demolition of the car wash and re -development of the 'Thomas Property". Point Five is the owner of the LLC's that hold titles to the "lot 14 soil deed and the Thomas property fee and easement interests. The primary issue here is that I believe we all agree that as Joe says there is a Scribner's error in one section of the sign ordinance. That we now have everything in common ownership land building and easements. That it seems convenient to just merge the Thomas estate with lot 14. The purpose of this memo is to convince the City that the TI and the soil were never severed in the first place plus every other path to avoid a "paper merger". i have as you know submitted the "Bauer" letter going through from a legal perspective the relevant issues to this matter as you and I had discussed two meetings back. I don't want to recover that territory except to say the following Background — Thomas Farrell developed these properties for investment and the original occupants of the 514 building were the Department of Immigration and GMAC on the 2"a floor. The reason this is relevant is that from the construction till no w these properties were unified in use. A single interim aberration occurred to accommodate the Burlington Savings Bank need tc grow downtown. The President of BSB was a good friend on Tom Farrell. So as a personal favor to BSB Pres. Mr Smith (I believe) he agreed to facilitate a 1031 exchange of Burlington propertyfor the Thomas Property. It was not intended to do anything other than meet the 1031 test and give appreciation to the Thomas's. Herman did not want to pay rent. So from the inception of this deal the Thomas Interest (TI) and the Farrell property (FP) were directly linked. In fact as you can see the TI survey shows ciearly the building and its improvements were on both FP and Tl. The steel structure, covered entrance/walkway, footings and utilities were on both. Discussion- Many years ago I was involved in a South Burlington property owned by two brothers. One wanted to grow the business and invest in the property and the other just takes income (rent). We spend months with various Atty's who to the person said "once a building is joined with the land you cannot subdivide the interests as they are inseparable" The relevance here is that when you apply almost any test to the 1960's Thomas transfer it was a legal interest but not a severance of the interests as the two were intertwined. i wish we had thought all this through before as maybe we would not have to have done some of the things we did do to get this approvec. Argument- At the present time I believe there are multiple avenues where you can allow two sheets of Plastic on the present sign that say "Building Tenant". You can get there many ways; 1— Common Ownership and Contiguous- 2- Permanently Intertwined -can Never be divided or severed in the 60's or after for the ordinance purposes. 3a- 1960's easements 3b — 2002 Quit Claim 3c- perpetual common use for 50 years (adverse possession. POINT FIVE-BURLINGTON LLC 514 Fa '1 - - Vt. 4- State Statutes — we have prior to these enlightenments and acquisition of 14 their consent. 5- Common law —The right's are in fact owned and in common 6- Actual use and enjoyment of the area between the building and Shelburne Road. If you go back 20 years to my permits with consent of Farrell, I met all of the Planning Commissions' criteria for a standalone building for Ben Franklin including a sign. You may recall the Old RR tie base and pedestal sign that stood there in approximately the same location. The surface is in the easements, lot 14 is deeded, the soil and the building are intertwined and the shopping carts will say "Building Tenant". Just like a Christmas tree concession on the lot 14 surface the store has the right to the two panels. 7- Cooperation — Now and the future to meet the Cities needs in whatever paperwork is found to be necessary short of merger. ,any, all or a part of these tests can be a logical legal argument that eliminates the impact of the desire to keep possibly contaminated soils from being joined for Lease or Mortgage purposes with the clean TI. I honestly don't have a clue how an ordinance in this day and age can try to dictate surface rights based upon soil. The surface is owned and employed by the "tenant" in common with the TI and are have been inseparable. We are willing to offer a "in record agreement that the property interests held in common (soil — lot 14 and portion of the building TO will not be separated in the future without consent of City. I believe that were this case to go to litigation (which unfortunately is where it has to go if we cannot find common ground- the damages here are tremendous and cannot be contained or controlled without the two plastic panels) that the court would find in favor of Point Five. There was a case tried in Colchester where the court essentially said "ownership of property interests are not the domain of the Municipality". Knowing the history behind your present Regulations there is nothing in common with this case and the intricacies of the Ordinance trying to prevent "outlying" signs benefitting "in board businesses. " Ala the Anchorage matter. Having observed all of that I as a layman can say there is nothing in common other than the City and a sign. My objective is fairly simple- find any common ground that allows you to issue the permit without litigation quickly. (I can't imagine the learned City Council would not quickly repair an ordinance that initiates a lawsuit and diminishes the value of a major piece of real estate for a use that is obviously OK except for word interpretations.)To that end 1 have attached the elements you requested a "survey level site plan of the TI. This clearly shows the elements outside the skin of the vertical wall that are in fact on and perpetually intertwined with lot 14. An application meeting all of the criteria you indentified. Timing and process- Due to the fact that you stated "service would be slow due to the amount of legal work in front for other cases." I am offering to fund in the same way we have paid for Municipal fee's (traffic/impact fee's) the cost to place this on a fast "priority Track". s"o I have made the re? wFe discussed and now documented our offer to pay the impact fee of swiftservice. Please call with y qu sneeds or other assistance the City may need. Jim Carroll for Point Fi4e- Burb4ton LLC. 7 C �I �1 — `i II I- n n i i i i II i i i I i i i gvnq ITE MAP ru•. ro• NEW SIGN LOCATION I CI I MINIMJM I W Ict. ct .£ ;I LL LiJ z --------- 0 'o LL- .0 5Q. FT. SIGN LOCATION (OFFSET 5 FEET FROM PROPERTY LINE) (� W Rf Po `i �v �� ,�� `i l�•, V� I v 0 � 1 N s'-0• I— < F z 0Q] z�x wd �D o LOT �40.0 O. FT, 51GNO. FT. 51C IQ• . rvo• i AS NOTED E: August 28, 2008 WN BY: CHECKED BY: MAR GGL JECT NO. 2006036 ET TITLE: PROPOSED 40 SF SIGN LOCATION 00007444 V." 918 PG: CITY CLERK'S OFF.. 1E ; Received Feb 03r2O10 01:48R Recorded in VOL: 918 PG: 150 OF So. Burlington Land Records fittest Donna Clerk lle City Cljerk NOTICE OF CONDITIONS OF k SUBDIVISIONAPPROVAL WHEREAS, the undersigned F & M DEVELOPMENT COMPANY, LLC, a Vermont limited liability company with a place of business in Burlington, Vermont, as Applicant on behalf of EF FARRELL, LLC and DB MORRISSEY, LLC, both Vermont limited liability companies with offices in Burlington, Vermont, (hereinafter collectively, EF Farrell, LLC and DB Morrissey, LLC are the "Owners"), are the Owners of certain property consisting of 5 lots, located on 3.03 acres of land, more or less, and further located on Farrell Street/Shelburne Road, in the City of South Burlington, Vermont; and WHEREAS, Applicant and Owners obtained approval from the City of South Burlington Development Review Board for a subdivision consisting of a lot that includes areas labeled as LOT 1, LOT 12, LOT 13, LOT 14 and LOT 15 (the "Property"), as shown on a plat entitled "Revised Final Plat O'DELL PARKWAY PUD Farrell Street South Burlington, Vermont", prepared by Civil Engineering Associ tes, Inc., dated June 20, 2005, last revised October 28, 2009 and recorded in Map Slide of the South Burlington City Land Records (the "Plat") by a Decision of the Development eview Board, dated December 1, 2009 and December 15, 2009; and WHEREAS, the Development Review Board's approval imposes certain conditions on the Property; NOW THEREFORE, Applicant and Owners hereby give notice that the Property is subject to the following conditions and restrictions which shall run with and be binding upon the land unless or until modified or removed by the City of South Burlington Development Review Board or its successor: For purposes of planning and zoning, LOT 1, LOT 12, LOT 13, LOT 14 and LOT 15 shall be considered one (1) lot. 2. This Notice of Conditions shall be recorded in the City of South Burlington Land Records, and shall be referred to in any deed conveying the Property or an interest in the Property. This Notice of Conditions shall be binding upon the Owners and the Owners' successors and assigns. Dated at South Burlington, Vermont, this 2nd day of February, 2010. 150 00007444 V - 918 PG: 151 i F & M DEVELOPMENT COMPANY, LLC, Applicant By: Eric F. Farrell, Member and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At &�j , in said County and State, this :DNA day of February, 2010, personally appeared ERIC F. FARRELL, Member and Duly Authorized Agent of F & M DEVELOPMENT COMPANY, LLC, and he acknowledged the within instruments - by ham subscribed, to be his free act and deed and the free act and deed of F & M DEVELOPMENT COMPANY, LLC. Before me, Notary Publi " - My Commission Expires: 02/10/2011 Dated at Soh�`� , this o'I''14 day of February, 2010. , EF FARRELL, LLC, Owner By: Eric F. Farrell, Member and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At 6tu/li in said County and State, this a day of February, 2010, personally appeared EW F. FARRELL, Member and Duly Authorized Ageiife f EF, FARRELL, LLC, and he acknowledged the within instrument, by him subscribed, to be his free .. ' ' act and deed and the free act and deed of EF FARRELL, LLC, Before me, Notary`Nblie My Commission Expires: 02/10/2011'"w Dated at 1 i , Vermont, this a�day of February, 2010.Qj z�. 2 00007444 V n 918 PG: ' 152 DB MORRISSEY, LLC, Owner By: _ XO"# Daniel B. Morn y, Member and Duly Authorized Agent STATE OF VERMONT CHITTENDEN COUNTY, SS. At in said County and State, this d"� day of February, 2010, personally appeared bANIEL B. MORRISSEY, Member and Duly Authorized Agent of DB MORRISSEY, LLC, and he acknowledged the within instrument, by him subscribed, to be his free act and deed and the free act and deed of DB MORRISSEY, LLC. Before me, Notary Public My Commission Expires: 02/10/2011 END OF DOdUiNENT