Public Works Commission

Public Works Commission Wednesday, May 21, 2025, 6:30 PM, To Attend in Person - 645 Pine St. Main Conference Room OR REMOTELY via ZOOM 6:30 pm, Main Conference Room, 645 Pine St OR Remotely via ZOOM: Please click the link below to join the webinar: https://us02web.zoom.us/j/83495330508 Or Telephone: Dial US: 301-715-8592 Webinar ID: 834 9533 0508 Channel 17 also often livestreams this on their YouTube channel and airs it over the air at a later date. Note that comments on YouTube are not monitored. 1. Call to Order 2. Agenda - 5 Minutes 2.1. Motion to amend/adopt agenda 3. Public Forum - 3 Minutes per Person Time Limit - 10 Minutes 4. Consent Agenda - 5 Minutes Subject 4.1. Approval of Draft Minutes of 4-16-25 Meeting May 21, 2025 - DPW Commission Meeting 5-21-25 - Wednesday, May 21, 2025, 6:30 PM, To Attend in Person - 645 Pine St. Main Conference Room OR REMOTELY via ZOOM Category 4. Consent Agenda - 5 Minutes Department Public Works Department Type Action (Consent) Recommended Action Approve Consent Agenda 5. Vacant Building Appeal - 112 Spruce St - 50 Minutes Subject 5.1. Communication, W. Ward & Appellant Meeting May 21, 2025 - DPW Commission Meeting 5-21-25 - Wednesday, May 21, 2025, 6:30 PM, To Attend in Person - 645 Pine St. Main Conference Room OR REMOTELY via ZOOM Category 5. Vacant Building Appeal - 112 Spruce St - 50 Minutes Department Public Works Department Page 1 of 75  Type Action Recommended Action Motion To Approve 6. Ledgewood Circle Street Acceptance - 15 Minutes Subject 6.1. Information, C. Manna Meeting May 21, 2025 - DPW Commission Meeting 5-21-25 - Wednesday, May 21, 2025, 6:30 PM, To Attend in Person - 645 Pine St. Main Conference Room OR REMOTELY via ZOOM Category 6. Ledgewood Circle Street Acceptance - 15 Minutes Department Public Works Department Type Information Recommended Action None 7. Director's Report - 10 Minutes Subject 7.1. Communication, C. Spencer Meeting May 21, 2025 - DPW Commission Meeting 5-21-25 - Wednesday, May 21, 2025, 6:30 PM, To Attend in Person - 645 Pine St. Main Conference Room OR REMOTELY via ZOOM Category 7. Director's Report - 10 Minutes Department Public Works Department Type Information 8. Commissioner Items 9. Adjournment Subject 9.1. Motion to adjourn Meeting May 21, 2025 - DPW Commission Meeting 5-21-25 - Wednesday, May 21, 2025, 6:30 PM, To Attend in Person - 645 Pine St. Main Conference Room OR REMOTELY via ZOOM Category 9. Adjournment Department Public Works Department Type Action Recommended Action Motion to Adjourn Page 2 of 75  DEPARTMENT OF PUBLIC WORKS 645 PINE STREET BURLINGTON, VERMONT 05401 COMMISSION MEETING APRIL 16, 2025 DRAFT MINUTES See video for full meeting – link below https://www.youtube.com/results?search_query=burlington+vermont++public+works+commission+me eting+4-16-25 Commissioners Present: Commissioner Barr, Chair Damiani, Vice Chair Fox, Commissioner Davis, Commissioner O’Neil-Vivanco (Zoom), Commissioner Munteanu (Late arrival) Commissioner Absent: Commissioner Munteanu ITEM 1 – CALL TO ORDER Commission Chair Damiani called the meeting to order ITEM 2 – AGENDA Commissioner Fox made a motion to amend the agenda and remove Item 5 the Vacant Building Appeal Commissioner Barr seconded. Unanimous Approval. ITEM 3 – PUBLIC FORUM Sharon Bushor (on line) – Zandy Wheeler – Kelly Devine – Jack Tiano – Caryn Long Richard HIllyard – Karen George – Wylie Dulmuge (on line) ITEM 4 – CONSENT AGENDA 4.1 Approval of Draft Minutes 3-19-25 4.2 Bank St Traffic Regs near City Place 4.3 Archibald Street Parking Space Removal Commissioner Barr made a motion to accept the consent agenda Chair Damiani I just want to highlight motion to approve with that are the amended minutes with the comments from Commissioner Fox Commissioner Barr with the amended minutes Commissioner Munteanu seconded with the amended minutes Unanimous Approval ITEM 5 – VACANT BUILDEING APPEAL - RESCHEDULED ITEM 6 – ELMWOOD LOT LEASE Commissioner Fox made a motion to authorize and adopt the proposed changes outlined in Attachment A to Appendix C, Chapter 18, which would temporarily Page 3 of 75  decommission 51 Elmwood Avenue (“Elmwood Avenue Lot” the city-owned lot on the west side o Elmwood Avenue near the intersection of Grant St) as a designated parking lot within the City of Burlington for the period inclusive May 1, 2025 to June 30, 2028, conditioned upon the City Council’s designation of the property as a location for temporary, emergency shelter from May 1, 2025 to June 30, 2028. Commissioner Munteanu seconded Unanimous approval ITEM 7 – PROPOSED NEXT STEPS ON RECYCLING Information Only ITEM 8 – GREAT STREETS MAIN STREET UPDATE Information Only ITEM 9 – DIRECTOR’S REPORT Information ITEM 10 – COMMISSIONER ITEMS Information ITEM 11 – DIRECTOR & CITY ENGINEER ANNUAL REVIEW – EXECUTIVE SESSION Chair Damiani looking for a motion to convene into executive session to discuss the annual review of the Public Works Director pursuant to 1 VSA 313 a 3. Commissioner Barr made motion Commissioner Fox seconded Unanimous approval Director Spencer what needs to follow is a motion here before you go into executive session that says after you get out of executive session you will be adjourning with no action. So that CCTV has that on tape and that, you do not need to come back here and do two seconds of motion. Commissioner Barr made motion Commissioner Fox seconded Unanimous approval ITEM 12 – ADJOURNMENT AND NEXT MEETING DATE – MAY 21, 2025 Commissioner made a motion to adjourn Commissioner seconded. Unanimous approval Meeting adjourned at Page 4 of 75 Page 5 of 75 Page 6 of 75 Page 7 of 75 Page 8 of 75 Page 9 of 75 Page 10 of 75 Page 11 of 75 Page 12 of 75 Page 13 of 75 Page 14 of 75 Page 15 of 75 Page 16 of 75 Page 17 of 75 Page 18 of 75 Page 19 of 75 Page 20 of 75 Page 21 of 75 Page 22 of 75  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Post Office Box 849 Burlington, VT 05402-0849 802.863.9094 VOX 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov MEMORANDUM TO: Burlington Public Works Commission FROM: Caleb Manna, Associate Public Works Engineer, Department of Public Works DATE: May 20, 2025 CC: Chapin Spencer, Director of Public Works. Laura Wheelock, P.E.; . Assistant Director of Public Works/City Engineer RE: Ledgewood Circle Street Acceptance Request To accept, through City Council Resolution, the formal conveyance of a portion of the street known as Ledgewood Circle, from the current ownership group, Ledgewood 1 Condominium Board, to the City. A segement of Ledgewood Circle, (also know as the Austin Drive entryway) located between Austin Drive and Oakbeach Drive in the south end of the City of Burlington, serves as crucial connector street linking acces to Austin Drive , Oakbeach Drive, Southwind Drive, and Flynn Avenue. The current owner of the street, Ledgwood 1 Condominium Board, is requesting the lands be conveyed to the City for public right-of-way acceptance. History of Ledgewood Circle - 1960’s On July 19, 1967, an agreement was made between the then owner, Champlain Associates, and the City, conveying ownership of the entire parcel lot, then know as Ledgwood Apartments, to the City. The street was never accepted via resolution by City Council. No documentation of an existing resolution pertaining to this location has been found. The original agreement demonstrates there was always intent to deed this section of road to city. 1981 In 1981, the then owner, Champlain Associates, deeded the 8.9 acre parcel (including the Austin Dr. entryway currenty proposed for acceptance) know as Ledgewood Apartments, to Ledgewood Associates. At this time Ledgewood Associates (LA), in turn created the Ledgewood Home Owners Association (LHOA), by Declaration of Covenant, deeding to LHOA the exisiting pool and community building. It is important to note the role of a home owners association, (different from Page 23 of 75 RE: Ledgewood Circle Street Acceptance May 20, 2025 Page | 2 of 4 a condo assioation) created for the function of maintaining shared facilities (pool and building) between four condo associations (Legdewood South, Ledgewood East, Southwind Condo, and Ledgewood 1) making up the 8.9 acre parcel lot know as Ledgwood Apartments during this time. Also in 1981, LA created Ledgewood 1 Condominium Association (Ledgewood 1), and conveyed to them, the same 8.9 acre parcel including the entryway from Austin Drive, into condo ownership, clearly assigning ownership of the entryway to Legdewood 1. All 76 condo units were sold from LA to Ledgewood 1 at this time. Under the common elements of the parcel transfer to a condo association, this meant each owner owned a unit, and a percentance share of the parcel lot, which included the Austin Dr. entryway. In July of 1981, the City and LA, executed an amendement to the 1967 agreement between City and Champlain Associates, amending the agreement to allow for the sale of individual units and townhouses. This amended agreement defines the roadway and infrastructure as privately owned and maintained by LA. Section 3 of this amendement contains language that allowing for the future acceptance of the Austin Drive entryway to the City, so long as the roadway was constructed to city specifications. 1982-1993 In June of 1982, we begin to see some confusion over ownership of the parcel. LA executed an amendent to LHOA and Ledgewood 1 Declaration of Covenant, specifying that the roadway between Austin Dr. and Flynn Ave., would be dedicated to the City. Language from section 2 of this amendent, clearly states “ the declarant (LA) and (LHOA,) shall dedicate to the City of Burlington a roadway connecting Austin Drive and Flynn Ave.” Oakbeach Drive as we know it today, had not been constructed as of 1982, but was planned for future development, and was completed in 1988 as public roadway. The issue being, that LA had previously deeded the parcel lot to Ledgewood 1 in the 1981 amendment, and that Ledgewood 1, as the owner, was not included in the above mentioned 1982 amendement to the Declaration of Covenant. Between 1982 and 1993, LHOA assumed responsibility for maintaining the Austin Drive entry way used by the four condo associations, making up LHOA. In 1993, LA executed a warranty deed conveying the Austin Drive entryway, southern extension of Oakbeach, and the tennis courts to LHOA. Had the title search under the warranty deed been properly executed, it was have become known that LA, did have the rights to convey this property. 2018-Present This discrepancy in ownership came to light in 2018, when LHOA begain the process to convey the Austin Drivey entryway to the City. LHOA in fact, has no rights to convey said property to the City, as the parcel was conveyed to Ledgewood 1 in 1981. LHOA has since recognized the error and disclaimed ownership. For a full history and associated documentation of ownership transfers, see EX-A. An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 24 of 75 RE: Ledgewood Circle Street Acceptance May 20, 2025 Page | 3 of 4 Right-of-Way Acceptance The Department of Public Works, Technical Services Division, was tasked with compiling the missing documentation for the acceptance of the Austin Drive entryway in January of 2023. In collaboration with the current President of Ledgewood 1 Condo Assoc. Mr. Andrew Prendimano, which included securing a policy of title insurance, completing a boundary survey, establishing monumentation for the parcel, and a providing a warrenty deed dedicating said lands to the city. DPW, following the guidance of the Right-of-Way Acceptance Procedure for Post Development, received sign offs from all city departments responsible for maintaining infrastructure, certifying any asset proposed for acceptance within the street segement is of adequate condition, and will not become a liability to the city as ownership is transferred. These City Departments include:  DPW Streets Maintenance  DPW Water Resources  DPW Technical Services  DPW Traffic Division  Department of Parks, Waterfront and Recreation  Burlington Electric Department  Burlington Fire Department Historically, the city has provided a routine level of servive in maintaining the street segement. Typical maintanence over the years includes pothole filling, snow plowing, and catch basin repairs. Future Plans for Ledgewood Circle Should the street be accepted, it is anticipated a bike lane and new sidewalk will be installed on the north side of the divided entryway at some point in the future. With the right-of-way acceptance, DPW will be authorized to establish no parking regulations in ordinance, and bring roadway signage up to current MUTCD standards. The existing street lighting will be added to BED’s capital improvement plan, and brough up to current IES lighting standards applicable to Burlington city streets. Recommendation The Department of Public Works is supportive of formally accepting the section of roadway known as Ledgewood Circle, as shown in Ex-D, connecting Austin Drive to Oakbeach Drive in the City of Burlington, VT. Thank you for consideration of this request, please do not hesitate to contact me directly at CManna@burlingtonvt.gov or 802-865-7562. An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 25 of 75 RE: Ledgewood Circle Street Acceptance May 20, 2025 Page | 4 of 4 Exhibits A. Chronology of Events Related To Ownership Of The Austin Drive Entryway B. Title Insurance C. Warranty Deed D. Right-of-Way Final Drawing E. Future tranportation design F. Right-of-Way Acceptance Procedure An Equal Opportunity Employer This material is available in alternative formats for persons with disabilities. To request an accommodation, please call 802.863.9094 (voice) or 802.863.0450 (TTY). Page 26 of 75  EX-A J. Schultz (Ledgewood Home Owners Association Board member) 8/28/20 CHRONOLOGY OF EVENTS RELATED TO OWNERSHIP OF THE AUSTIN DRIVE ENTRYWAY [For anyone not familiar with the area, the site map on the last page of the attached documents may be helpful in following this chronology.] 1. On 1/12/81, Champlain Associates, then-owner of the Ledgewood Apartments at 80 Austin Drive, executed a warranty deed conveying an 8.9 acre parcel which included those apartments to developer Gerry Milot/ Ledgewood Associates. That deed included the Austin Drive entryway. {Attachment 3} 2. On 1/15/81, Ledgewood Associates executed a Declaration of Covenant creating the Ledgewood Home Owners Association. [Vol. 271/Pg.512 of the City Land Records/not attached.] (The LHOA is NOT a condo association; it is a home owners association that exists for the purpose of managing certain facilities -- principally a pool and tennis courts-- shared by the owners of units in Ledgewood I and three other adjacent condo associations. The LHOA has no legal relationship with those four condo associations as entities, only with the unit owners.) Ledgewood Associates conveyed to the LHOA, by deed, the pool and a small "community building" that were located on the Ledgewood Apartments parcel; the entryway was not part of the property conveyed to the LHOA by Ledgewood Associates at this time. {Attachment 6} 3. On 1/15/81, the developer, Ledgewood Associates, also executed a Declaration of Condominium creating the Ledgewood I Condominium and conveying the exact same 8.9 acre parcel acquired from Champlain Associates into condo ownership, again, clearly including the Austin Drive entryway, in both the detailed description of property and the site map that were part of that Declaration. Under the provisions of its Declaration. the entryway was part of the Common Elements of the Ledgewood I Condominium. {Attachment 1, 1a, 1b} 4. Ledgewood Associates subsequently sold all 76 of the units in the Ledgewood I Condominium, meaning that, like all other common elements, each unit's percentage share of the entryway was deeded to each unit. It is important to recognize that the Common Elements, or jointly owned property, of any condo association are not conveyed by deed to the Association per se, but rather, are conveyed into condo ownership via a Declaration of Condominium, and then subsequently deeded incrementally to individual owners as a percentage share of jointly held property, along with full ownership of the unit itself. In other words, a condo association, as a legal entity, does not hold a "deed" to its common elements. By contrast, the Ledgewood Home Owners Association, which is not a condo association, does own property as a corporate entity and must acquire that property by deed. 5. On 7/14/81, the City of Burlington and Ledgewood Associates (“owner”) executed an amendment to a 7/67 agreement between the City and Champlain Associates pertaining to the Ledgewood Apartments. This 7/81 agreement served to resolve a dispute over subdivision rules. One provision of that agreement states, “It is currently contemplated by the Owner and the City that, in connection with further development of the Ledgewood property, so called, the Owner will dedicate to the City a roadway, connecting Austin Drive and Flynn Avenue, said roadway to be constructed to City specifications…” {Attachment 4} 6. On 6/21/82, Ledgewood Associates executed a single/identical amendment to both the LHOA Declaration of Covenant AND the Ledgewood I Declaration of Condominium, the provisions of which included the following: “[Ledgewood Associates] and the [Ledgewood] Home Owners Association … shall dedicate to the City…a roadway connecting Austin Drive and Flynn Avenue, subject to the provisions of [the above 7/81 Agreement].” At that time, Ledgewood Associates owned the land on which the entire Oakbeach Drive portion of this roadway was eventually built, but it did not own the already-completed Austin Drive entryway portion of the roadway, having previously conveyed it to Ledgewood I in January 1981. And the Ledgewood Home Owners Association did not own ANY of the existing or anticipated roadway property. {Attachment 5} By this time, more than half of the Ledgewood I units had been sold, so this Amendment to both the LHOA and Ledgewood I Declarations required approval of 75% of all LHOA and Ledgewood I owners, which was obtained. Because Ledgewood I owners were the only members of the LHOA at that time, they concurrently approved the amendment to both Declarations. One possible interpretation of this Amendment could be that Ledgewood I owners approved the conveyance of the Austin Drive entryway to the City in June 1982. (However, they could not have approved the conveyance of the Oakbeach Drive Extension to the City, since neither Ledgewood I nor LHOA owned the Oakbeach Drive extension.) 7. Then, (later) in 1982, 1984 and 1986 respectively, the separate Ledgewood South, Ledgewood East and Southwind Condo Associations were created, making the owners of the 210 units in all four condo associations members of the Ledgewood Home Owners Association by virtue of a covenant in their deeds. Page 27 of 75 8. At some point between 1982 and 1993, the Ledgewood Home Owners Association apparently assumed responsibility for maintenance of the entryway, perhaps because it was used by owners in all four condo associations. (Of course, ever since Oakbeach Drive was completed around 1988, it has been used by the general public as a thoroughfare between Austin Drive and Flynn Avenue.) It's unclear if the LHOA Board at that time believed that the LHOA owned the entryway, or if there was just an informal arrangement by which the LHOA paid for maintenance. 9. For many years, much of the regular maintenance of the actual roadway of the entryway has been done by the City, including plowing, fixing potholes, installing catch basins, etc. The LHOA's main expenses have been for summer grounds maintenance around the road, as well as paying for the leased street lights and associated City stormwater fees. I believe the LHOA paid to pave the entryway at least once, in the mid-90’s, the need for which probably was connected to the deed executed in 1993 (#10, next.) 10. In January 1993, Ledgewood Associates executed a warranty deed purportedly conveying the Austin Drive entryway, the southern extension of Oakbeach Drive (the northern section of Oakbeach had already been accepted as a City street) and the Ledgewood tennis courts to the Ledgewood Home Owners Association. At the time, Ledgewood Associates owned the Oakbeach Drive extension and the tennis courts, but did not own the entryway. Either a proper title search was not conducted by any of the parties prior to execution of the deed, or the information was ignored. (The reason that Ledgewood Associates initiated this deed at this time is murky, but presumably was to avoid as much financial liability as possible. It is a complete mystery as to why the LHOA would have agreed to accept owership of any roadway, since this was not in the best interest of the 210 LHOA owners, and the intent all along was for these to become City streets.) {Attachment 2} 11. Due to the existence of this deed, LHOA and LWI Boards since that time appear to have assumed that the LHOA, in fact, owned the entryway. 12. The LHOA has always wanted to convey the entryway to the City; it was pursued a few times but somehow never happened. 13. In 2018, the LHOA Board decided to again pursue conveying the entryway to the City, and while researching the documents related to entryway ownership, discovered that, in fact, the entryway was part of the property conveyed to Ledgewood I in 1981. This meant that the 1993 deed held by the LHOA was invalid with respect to the entryway, because Ledgewood Associates had no legal right to convey it. In response, the Ledgewood Home Owners Association Board formally notified the Ledgewood I Condo Association Board that the LHOA disclaimed ownership of the entryway, because Ledgewood Associates clearly did not own it at the time the 1993 deed was executed. This disclaimer is filed in the City Land Records. {Attachment 7} ------------------------------------------------------------------------------------------------------------------------------------- ATTACHED DOCUMENTS: 1. Pertinent excerpts from Ledgewood I Declaration of Condominium [Vol. 271/Pg. 481; Plat 118/71] 1a. LWI Declaration of Condominium Exhibit B – parcel map (1/81) 1b. LWI Declaration of Condominium Exhibit D – description of parcel (1/81) -------------------------------------------------------------------------------------------------------------------------- ------------ 2. 1/93 Warranty Deed from Ledgewood Associates to Ledgewood Home Owners Association for Austin Drive entryway, Oakbeach Drive extension & tennis courts [Vol. 473/Pg. 126] -------------------------------------------------------------------------------------------------------------------------------------- 3. 1/81 Warranty Deed from Champlain Associates to Ledgewood Associates for Ledgewood I parcel [Vol. 272/Pg. 669] -------------------------------------------------------------------------------------------------------------------------------------- 4. 7/81 Agreement between City of Burlington and Ledgewood Associates [Vol. 275/Pg.507] ----------------------------------------------------------------------------------------------------- --------------------------------- 5. 6/82 Amendment to Declaration of Covenant of the Ledgewood Home Owners Association and to Declaration of Condominium for Ledgewood I [Vol. 283/Pg. 141; Plat 141/28] -------------------------------------------------------------------------------------------------------------------------------------- 6. 1/81 Quit Claim Deed from Ledgewood Associates to Ledgewood Home Owners Association for pool & Community building [Vol. 272/Pg. 685] ------------------------------------------------------------------------------------------------------------------------------------ -- 7. 3/19 Letter from LHOA Board to Ledgewood I Board disclaiming ownership of entryway [Bk. 1437/Pg. 193] Page 28 of 75 ATTACHMENT 1: Excerpts from DECLARATION OF LEDGEWOOD I CONDOMINIUM (January 1981) [Vol. 271/Pg.481; Plat 118/71] Section 1.01. Submission of Property; Creation. Ledgewood Associates, a Vermont general partnership having a place of business in Essex, Vermont (the "Declarant") in fee simple of the lands described in Exhibit D, located in the City of Burlington, County of Chittenden and State of Vermont (the "Land") , hereby submits the Land, together with all easements, rights and appurtenances thereto (the "Property") , to the provisions of Chapter 15 of Title 27 of the Vermont Statutes Annotated, known as the Vermont Condominium Ownership Act (the "Act"), and hereby creates with respect to the Property a condominium, to be known as Ledgewood I Condominium (the "Condominium"). Section 2.03. Description of Units; Allocation. The locations of all Apartments (the "Units") within the Buildings are shown on the "Plans" attached as Exhibits A and B. There are a total of 76 Units, of which 8 Units are one- bedroom apartments, 16 Units are two—bedroom apartments, 8 Units are three—bedroom apartments and 44 Units are two—bedroom townhouse style apartments occupying two stories. Section 3.02. Common Areas and Facilities. The Common Elements are all the Property depicted on Exhibits A and B except Units and Limited Common Elements. The Common Elements shall remain undivided and shall be devoted to the common use and enjoyment of all Unit owners. No Unit owner nor any other person shall maintain any action for partition or division thereof, unless the Property has been removed from the provision of this Declaration pursuant to the Act. Each Unit owner may use the respective Common Elements in accordance with the purposes for which they were intended without hindering or encroaching upon the lawful rights of other Unit owners. The Common Elements include, without limitation, the following: (a) the Land described in Exhibit D, including the real, estate upon which the Buildings and other improvements are located, together with the benefit of, and subject to, all rights, easements, restrictions and agreements recorded in the Land Records of the City of Burlington, including the specific reservations and 'grants set forth in a deed of Champlain Associates dated January 15 , 1981, to the Declarant, recorded in Volume Page of the Land Records of the City of Burlington; (b) all portions of the Buildings, except those portions identified as Units and Limited Common Elements; and (c) all improvements other than the Buildings and Limited Common Elements. Section 5.03. Easement for Completion. The Declarant hereby reserves an easement through the Common Elements for the purpose of completing or making improvements described in this Declaration or to make improvements in the Condominium and to make and complete improvements on lands described in a Declaration of Covenants, Conditions and Restrictions, dated January , 1981, recorded in Volume , Page of the Land Records of the City of Burlington, and to erect and remove signs advertising the Condominiums. Page 29 of 75 Attachment 1a Page 30 of 75  Attachment 1b Ledgewood I Declaration of Condominium - EXHIBIT D Cumul. Point Ft 1 200 2 118 318 3 112 430 4 113 543 5 114 657 6 103 760 7 95 855 8 100 955 9 110 1065 10 141 1206 11 96 1302 12 220 1522 13 316 1838 14 481 2319 15 448 2767 16 42 2809 17 200 3009 18 120 3129 3129 ft. perimeter Page 31 of 75 Page 32 of 75 Attachment 1b, continued -- approximation of coordinates from property description on GPS map] 1 acre = 43,560 sq. ft 390,352 s.f. = 8.96 acres Page 33 of 75  Attachment 2 - 1993 Deed # feet in perimeter as described section by section in 1993 deed: 200 cumulative 84.5 284.5 120.5 405 134 539 113 652 26 678 85.5 763.5 18 781.5 60 841.5 estimated (omitted from 119 960.5 deed) 120 1080.5 199 1279.5 220 1499.5 120 1619.5 from LWI property map/description 1619.5 Page 34 of 75  Measure ment missing, but can deduce Final # ft. across road back to beginning taken from LWI parcel map & description Page 35 of 75  Attachment 2 continued -- approximation using GPS map Sketch of roadway described in 1-19-93 Warranty Deed from Ledgewood Assoc to LHOA, using coordinates from the deed. V473/P126 [Sketch revised 9-18-18 to improve accuracy using coordinates from LWI Decl. as well.] Page 36 of 75 Attachment 3 Warranty Deed from Champlain Associates to Ledgewood Associates 1-15-81 for original LWI parcel Page 37 of 75 Page 38 of 75 671 Page 39 of 75 Page 40 of 75 Page 41 of 75 Page 42 of 75 Page 43 of 75  Attachment 4 * /eDc-6t;u) \f;eEtetf-iJr &st u er:xi C ,rt' K 45se(* 50? A€REEMENT '/'+ lv' ,'h* AGREEI'|EHT, dated this lt'l day of July, 1981, by and bctween Ledgewood Associates, a Vermont partnership having /) a place of business in Essex Junction, Vermont (the "owner t') , and the City of Burlington, a municipal- corporation of the slate of vermont {the ,,cityr') : WITNESSETH: WHEREAS, the ovrner has ired the interests of ChampLain Associates i 1a es descri Agreeqnla t reco n of of the City of urL:.ngton i a WHEREAS. pursuant to the Agreement and Covenant, Champlain Associates obllgated itself to satisfy certain standards at such time ae such lands and mises were conveyed to anyone other than a to maintain them as a private and unitary development; and WHtrREAS, the Oernef deslres to commit said lands and pre- rrriscs to the provisions of the Vermont Condominium Ownership Act and to Eell garden apartment.s and townhouse units to pur- chaserg for value; and WI{EREAS, the Ovrner and the City have disagreed whether the conveyance of condominium apartments is consistent r+ith the provisionE of the Agreement and Covenant; and WHEREAS, the Owner and the City desire to resolve their differences; *cxd, rHnnsFoRE, THE orrner and the City, in consideration of Ten and ltlore Dollars and other good and valuable consideration, hereby agree to modify and suppl€rlent the Agreement and Covenant, as follows I 1. The Oltner nay sell condominium apartments and townhouses o1t qfcl!*lende and trr9[l-9,9qr,providing that the deed from the ffi-er to-etrh purchaser shall contain the following language: , The Grantee, by acceptance of this deed' acknowledges that certain of -the vrater nains and services, segrer laterals and ser^rer facil- ities servlcino the Aoartmel9g ?nd the.Condo-- minium enance, ir4'tfff--end rep I acement the I ninium Association or Page 44 of 75  | -, I ,508 Associalion; and the Grantee covena not i\' ^\?'.,&J'l'rb to.petitiqn A' successorsf ft"It"-"ttO assigns' city of Burlington Lo Ir-"lt*r"ir*- r.q".st Lhe nor accept suclr faciliLies as public facilities' toseekfromtheCityofBurlingtonanyrepair, maintenance or replalement thereof ' 2' The owner shalt further amend the Declar:ation of originally dated Covenants, Condiii"i"*""a-n"strictions, rotlowins: ;;;;;;;-t6, Iesl', to add the sz.0t: qrI**F shal} own, ancl :f;:ti'#iit*li:";"n:1: Snarr_tlldrrruorx, ':::,:_ l::""- laterals- r !r.ll i-*--.rq 'a '.li ., '+y't .a,ttw1 .-11 ation reprace alr watlr'i"Iii"*iid";;;;;;;!,-i!*.r " d / 4*-,lin ",,h **"o*dary "i**'-iu"l.ities. p"itv-iincr"hins anv F9t:ir':-:h ::!Xi'::nlH-F*r?a *€'t> ^Pf o-'L Tl'Lf'l'u' ownership) , and.;;;;;s";;;h-period #rdominiumtne'-asto"iitiol. t' of ownerstrip ?htrl--":ll^3.1ltl3r.o-,,oo. , ,]., .- iL $:'Ii;i ;; il;ii;;;;;'tl accept :l:h^fi:itities as \'\ iii[ri"-lu"iriti"'l'""i {131- the citv or Burlington any t.iuii, ""?k. maintenance or replacement thereof. At n" ii*"-"ntfr the citv of Burlington be responsible for maintenance' relair or replace* ment thereof' al-"o-ii** shall the city of--^--*. responsible. for-llintenance' repa:.r Burlington ne mains and services' or replacement of'such water sewer facilitiels' sewer laterals t"d """ottdary contemplated by the Ovrner andof the 3. It is currently with the i"ttn6t developrnent the city that, ir, "oii;;ti;; wilr dedicate to rhe Ledsewood ptop*r[rl";;:;"ii;1,-:1.-ener City a roadway, connecting Austin Drive and Flynn Avenue' and to said road$av to ;;";;;;;;icted towaterl citv :ry::r1::tions electrical sewer and contain within its right-of-way at liie time that such roadway -lliot*'shall is tines, mains, "r,i*"iiit':"t"' be excluded etedicated to the cily-*t-nt'trrngi;n' ltater T:i":-lf sewer fr*nr the dedicatiJiiirr!;""nauiv remain the responsibilitv of larerals, so*".ri:liSd;-;!;ii' eqo-o! op r i.u ts ii:lgg* i-' i tlL a" gglgll9l lL l:- 1"3 t s r 1,"-.pp, " H"*: etls ls"s.osl3tr"9!:- 4. Except as otherwise provided herein the parties here- and Covenant' Eo ratify and affirm the Agreement Vermont this lt-l clay of July' l-98r' nATED at surlington' tE By: CITY URTINGTQN 'l :55 P. M' rnd recorded' July l4 ,19 B] , ur Rcceived for record Artesr: .W#.U.7*- CitY Cterk{/ Page 45 of 75  Attachment 5 AMENDMENT ✓ WHEREAS, o n o r a b o u t J a n u a r y 1 2 , 1 9 8 1 , L e d g e w o o d A s s o c i a t e s (the " D e c l a r a n t " ) a c q u i r e d f r o m Champlain A s s o c i a t e s c e r t a i n lands a n d p r e m i s e s a t Ledgewood p u r s u a n t t o a d e e d , r e c o r d e d i n Vo l u m e 2 7 2 , P a g e 6 6 9 o f t h e L a n d R e c o r d s o f t h e C i t y o f Burlington; and, o n o r about October 28, 1981, t h e Declarant acquired t h e r e m a i n d e r o f Ledgewood f r o m Champlain A s s o c i a t e s ' p u r s u a n t t o a d e e d , r e c o r d e d i n Vo l u m e o f , P a g e i i 6 3 o f t h e L a n d Records o f t h e C i t y o f B u r l i n g t o n ; a n d WHEREAS, t h e D e c l a r a n t i n t e n d e d t h a t L e d g e w o o d w o u l d b e a f u l l y i n t e g r a t e d r e s i d e n t i a l community and, t o t h a t end, t h e Declarant, o n January 1 5 , 1 9 8 1 , caused t o b e executed a Declaration o f Covenants, Conditions and R e s t r i c t i o n s , recorded i i n Vo l u m e 2 7 1 , P a g e 5 1 2 o f t h e L a n d R e c o r d s o f t h e C i t y o f B u r l i n g t o n , w h i c h h a s b e e n amended b y i n s t r u m e n t s r e c o r d e d i n Vo l u m e 2 2 5 , P a g e 3 3 3 a n d V o l u m e 2 7 5 , P a g e 5 0 9 o f t h e L a n d R e c o r d s of the C i t y o f Burlington; and WHEREAS, i n c o n n e c t i o n w i t h t h e g o v e r n a n c e o f t h e o r i g i n a l 76 u n i t s , t h e D e c l a r a n t e s t a b l i s h e d . a c o n d o m i n i u m r e g i m e , k n o w n as L e d g e w o o d I a s e v i d e n c e d b y a D e c l a r a t i o n o f C o n d o m i n i u m , d a t e d J a n u a r y 1 5 , 1 9 8 1 , a n d r e c o r d e d i n Vo l u m e 2 7 1 , P a g e 4 8 1 o f the L a n d Records o f t h e C i t y o f B u r l i n g t o n , a s amended b y a n Amendment, d a t e d M a y 2 9 , 1 9 8 1 , a n d r e c o r d e d i n Vo l u m e 2 7 5 , P a g e 328 o f t h e L a n d R e c o r d s o f t h e C i t y o f B u r l i n g t o n ; a n d WHEREAS, i n o r d e r t o c o n f i r m c e r t a i n r i g h t s r e s e r v e d b y Champlain A s s o c i a t e s w h i c h a r e n o w possessed b y t h e D e c l a r a n t , and t o a s s u r e f u r t h e r o r d e r l y d e v e l o p m e n t o f L e d g e w o o d , t h e parties hereto agree as f o l l o w s : 4. 1. T h e _ l a n d s a n d p r e m i s e s a c q u i r e d b y t h e D e c l a r a n t f r o m C h a m p l a i n A s s o c i a t e s , r e c o r d e d i n V o l u m e g 7 f , P a g e S443 o f t h e Land R e c o r d s o f t h e C i t y o f B u r l i n g t o n a r e , a n d s h a l l b e , s u b j e c t to t h e p r o v i s i o n s o f t h e D e c l a r a t i o n o f Covenants, C o n d i t i o n s and R e s t r i c t i o n s , a s amended t o d a t e a n d f r o m t i m e t o t i m e h e r e a f t e r . 2. T h e D e c l a r a n t a n d t h e H o m e O w n e r s A s s o c i a t i o n ( a s defined i n t h e Declaration o f Covenants, Conditions a n d R e s t r i c t i o n s ) s h a l l d e d i c a t e t o t h e C i t y o f B u r l i n g t o n a r o a d w a y, connecting A u s t i n D r i v e a n d F l y n n Avenue, s u b j e c t t o t h e provisions o f a n Agreement, d a t e d J u l y 1 4 , 1981 between t h e D e c l a r a n t a n d t h e C i t y o f B u r l i n g t o n , r e c o r d e d i n Vo l u m e 2 2 5 , Page 5 0 7 o f t h e L a n d R e c o r d s o f t h e C i t y o f B u r l i n g t o n . 3. T h e D e c l a r a n t , f o r i t s e l f a n d i t s s u c c e s s o r s a n d assigns, s h a l l have a r i g h t t o construct, i n s t a l l , use, maintain, repair and replace a t o t a l o f 24 enclosed parking s t a l l s , numbered 1 7 1 t h r o u g h 1 9 8 , i n c l u s i v e , a t l o c a t i o n s e a s t e r l y a n d southerly o f Buildings 4 , 5 , 6 , 7 , 8 and 9 and adjacent t o the p r i v a t e , r o a d w a y w i t h i n Ledgewood I , t o g e t h e r w i t h t h e r i g h t o f access t o , o v e r and t h r o u g h s a i d roadway and t h e 24 open p a r k i n g stalls adjacent thereto. T h e location o f the parking f a c i l i t i e s are shown-and s e t f o r t h on a p l a n o f l a n d e n t i t l e d Page 46 of 75  • 142. 4. . T h i s A m e n d m e n t s h a l l b e a n a m e n d m e n t t o t h e D e c l a ] of Covenants, Conditions and R e s t r i c t i o n s , and t o t h e Decla o f Condominium o f t h e Ledgewood I Condominium, b o t h a s p r e y amended. 5. V e r m o n t S e r v i c e C o r p o r a t i o n a n d Ve r m o n t F e d e r a l S c & Loan Association j o i n i n t h e execution o f and consent t o Amendment a s m o r t g a g e e s o f t h e i n t e r e s t s o f t h e D e c l a r a n t a Unit Owners. 6. T h e d a t e o f t h i s A m e n d m e n t i s J u n e ? / 5 / , 1 9 8 2 . U N I T NO, 1 1 /4:kfL / i STATE O F VERMONT CHITTENDEN COUNTY, S S . At B u r l i n g t o n i n s a i d County a n d S t a t e o n t h i s , ( d of , 1982, p e r s o n a l l y appeared ‘e,,--41-(4 and A L A - a c k n o w l e d g e d t h i s i n s t r u m e n t b y 11-1.5 s i g n e d a n d SE t o b e /,‘,,( t f r e e a c t a n d d e e d . B e f o r e me Signature pages continue for 4 / 1 / 1 / 4 1 ' Nota y ublic pages 143 to 164, representing at least 75% of the 76 Ledgewood I/LHOA UYIT NO. 1 units ., ' - .....4440.1 reA? s t i c k R . S p o r c k STATE O F VERMONT CHITTENDEN COUNTY, S S . ,At B u r l i n g t o n i n s a i d County and S t a t e o n t h i s d i of - ) L ( h ) d , 1982, p e r s o n a l l y appeared Frederick R. Sporck, he a c k n o w l e d g e d t h i s i n s t r u m e n t b y h i m s i g n e d a n d s e a l e d t c his f r e e a c t and deed. B e f o r e me Notary P u b l i c UNIT 0 . 13 - G Z I C b l e C d e - g STATE O F VERMONT r1T9ITRMI-Nvm n n r i x i r m r Page 47 of 75 ATTACHMENT 6 Quit Claim Deed for LW pool & community building, from LW Assoc to LHOA, signed 1/15/81, recorded 1/20/81 V272/P685 Page 48 of 75 Page 49 of 75 Page 50 of 75 Page 51 of 75 March 13, 2019 TO: Ledgewood I Condo Association Board: Werner Ostmann (President), Emily Ryan, Joe Johnson FROM: Ledgewood Home Owners (“Master”) Association Board: Betsy Liley (President), Heather Ballou, Ann Rugg, Judy Schultz, Craig Weatherly RE: DISCLAIMING OWNERSHIP OF AUSTIN DRIVE ENTRYWAY We are writing to notify you that the Ledgewood Home Owners Association Board has voted that effective immediately, the Ledgewood Home Owners Association disclaims any right, title or interest in or to the so-called “Austin Drive entryway”, having determined that the deed by which that parcel was conveyed to the LHOA is invalid, and that the Ledgewood I Condo Association is the owner of the property. The “Austin Drive entryway” is a portion of the property purportedly conveyed by the developer, Ledgewood Associates, to the Ledgewood Home Owners Association by warranty deed on January 27, 1993 [City Land Records V473/P126]. It consists of a roughly 120’ by 285’ rectangular parcel that encompasses the two paved entry/exit lanes connected to Austin Drive, the median between those lanes, a roughly 30’ wide strip of land along the outer side of each lane, and the paved intersection with the southern extension of Oakbeach Drive. The Ledgewood Home Owners Association will no longer arrange or pay for any property maintenance, services or fees related to the above-described parcel of land, including the paved roadway, grounds, leased street lights, underground utilities, and City stormwater management fees. Last year, while pursuing the possible conveyance of the Austin Drive entryway to the City of Burlington, we determined that the 1993 warranty deed referenced above did not effect a conveyance of the Austin Drive entryway because: ● It was part of the parcel of land that Ledgewood Associates conveyed into LWI Condo Association ownership on January 15, 1981 [City Land Records V271/P481]. Therefore, Ledgewood Associates did not own the entryway when it purported to convey it to the LHOA in 1993. LWI is and always has been the owner, since January 1981. ● §5.06 of the LHOA Declaration requires approval by 2/3 of owners in order to annex additional Common Area to the Property, which was never done when it was purportedly deeded to the LHOA. ● The LWI Declaration and/or pertinent state statutes presumably would have required some type of LWI owner approval, along with a vote of the LWI Board and a deed from LWI to the LHOA, in order to convey a LWI Common Element to the LHOA. This was not done. The attached property site map shows the approximate location and boundaries of the Austin Drive entrance and exit. The exact property lines may be determined from the parcel description in the 1993 warranty deed [City Land Records V473/P126] combined with the parcel description in Exhibit D of the Declaration of Ledgewood I Condominium [V271/P505]. This action will be recorded in the City of Burlington Land Records. [Recorded in Book 1437/Pg. 193] cc: All members of the Ledgewood Home Owners Association (owners of units in the Ledgewood I, Ledgewood South, Ledgewood East, and Southwind Condo Associations) Page 52 of 75 Note: although often referred to as the "Master Association" in the past, the LHOA is NOT a master association. The LHOA and the four condo assocations are all separate, independent corporate entities. The term "property" in the LHOA Declaration refers to the condo properties that are subject to the jurisdiction of the LHOA, that is, whose owners are members of the LHOA; it does not refer to property owned by the LHOA. LHOA "Common Area", that is property actually owned (or presumed to be owned) by the LHOA, is highlighted in purple. Page 53 of 75  101 Corporate Place, Rocky Hill, CT 06067 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: MSK Attorneys Issuing Office: 004949 Loan ID Number: Agent File Number: Property Address: Austin Drive, Burlington, Vermont 05401 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Commitment Date: 5/5/2025 2. Policy to be issued: (a) 2021 ALTA Owner's Policy (Standard) Proposed Insured: City of Burlington Proposed Policy Amount: $50,000.00 3. The estate or interest in the Land at the Commitment Date is Fee Simple. 4. The Title is, at the Commitment Date, vested in: Ledgewood I Condominium Association and Ledgewood I Condominium Homeowners' Association, Inc. 5. The land is described as follows: Property Description attached. Austin Drive, Burlington, Vermont 05401 Countersigned and validated By: Authorized Signatory Jonathan S. R. Anderson, Vice President & Chief Underwriting Counsel This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by CATIC. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. CATIC PC-VT (8-2021) Sch A ALTA Commitment for Title Insurance (7-1-2021) Page 54 of 75  101 Corporate Place, Rocky Hill, CT 06067 SCHEDULE B - PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. An ALTA Homeowner’s Policy or ALTA Owner’s Policy must include the Vermont Definitions Endorsement. 6. If the property is unimproved, unoccupied, or otherwise vacant, confirm that seller or borrower is legitimate using reliable identity verification methods. Refer to our underwriting guidelines or contact one of our Underwriters for assistance. See attached Schedule B - Part I Continuation Sheet for additional Requirements This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by CATIC. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form CATIC PC-VT (8-2021) Sch B Part I Requirements ALTA Commitment for Title Insurance (7-1-2021) Page 55 of 75  101 Corporate Place, Rocky Hill, CT 06067 Schedule B, Part I Requirements are continued as follows: All references are to recorded documents in the City of Burlington Land Records. 6. Execute and record Warranty Deed from Ledgewood I Condominium Association and Ledgewood I Condominium Homeowners' Association, Inc. to the City of Burlington. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by CATIC. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. CATIC PC-VT (8-2021) Sch B Part I Requirements ALTA Commitment for Title Insurance (7-1-2021) Page 56 of 75  101 Corporate Place, Rocky Hill, CT 06067 SCHEDULE B, PART II Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of persons in possession, other than the insured, which are not shown by the Public Records. 2. (i) Boundary line disputes, overlaps, encroachments, title to filled lands (if any) and all other facts which an accurate survey and inspection of the land would disclose and which are not shown by the Public Records; (ii) Any easements or claims of easements not shown by the Public Records. 3. Real estate taxes, municipal assessments and private association assessments, if any, including liens and assessments, not yet due and payable. 4. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. See attached Schedule B - Part II Continuation Sheet for additional Exceptions from Coverage This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by CATIC. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. CATIC PC-VT (8-2021) Sch B Part II Exceptions ALTA Commitment for Title Insurance (7-1-2021) Page 57 of 75  101 Corporate Place, Rocky Hill, CT 06067 Schedule B, Part II Exceptions Continuation Sheet All references are to recorded documents in the City of Burlington Land Records. 5. Easement and Right-of-Way Agreement granted by Ledgewood Associates to the City of Burlington dated March 1, 1982 and recorded March 3, 1982 in Volume 280 at Page 632. 6. Matters depicted and notes recited on a survey entitled “Burlington Electric Department, Burlington, Vermont, Ledgewood Condominiums, South Cluster, Drawing No. D-253 dated October 6, 1981". 7. Easement to Vermont Gas Systems, Inc. dated June 6, 2017 and recorded September 19, 2019 in Volume 1360 at Page 321. 8. Matters depicted and notes recited on a plan entitled “Boundary Survey Land of Ledgewood I Condominium To Be Conveyed To The City of Burlington” prepared by Krebs and Lansing Consulting Engineers, Inc. as Project 23159, dated June 1, 2023 and recorded in Map Slide 595B. 9. Matters depicted and notes recited on the following: a. Site & Utility Plan entitled “Ledgewood Condominiums, Burlington, Vermont” prepared by Fitzpatrick – Llewellyn Associates dated August 1981 and recorded in Map Book 123 at Page 18. b. Site & Utility Plan – South Cluster entitled “Ledgewood Condominiums, Burlington, Vermont” prepared by Fitzpatrick – Llewellyn Associates dated August 1981 and recorded in Map Book 124 at Page 21. c. Site & Utility Plan – East Cluster entitled “Ledgewood Condominiums, Burlington, Vermont” prepared by Fitzpatrick – Llewellyn Associates dated June 1983 and recorded in Map Book 141 at Page 27. This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by CATIC. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. CATIC PC-VT (8-2021) Sch B Part II Continuation ALTA Commitment for Title Insurance (7-1-2021) Page 58 of 75  101 Corporate Place, Rocky Hill, CT 06067 ALTA COMMITMENT FOR TITLE INSURANCE issued by CATIC NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, CATIC (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by CATIC. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. CATIC Form PC-VT (8-2021) ALTA Commitment for Title Insurance (7-1-2021) Page 59 of 75  101 Corporate Place, Rocky Hill, CT 06067 pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I—Requirements; f. Schedule B, Part II—Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by CATIC. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. CATIC Form PC-VT (8-2021) ALTA Commitment for Title Insurance (7-1-2021) Page 60 of 75  101 Corporate Place, Rocky Hill, CT 06067 against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. CATIC By JAMES M. CZAPIGA, PRESIDENT This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by CATIC. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. CATIC Form PC-VT (8-2021) ALTA Commitment for Title Insurance (7-1-2021) Page 61 of 75  101 Corporate Place, Rocky Hill, CT 06067 Property Description Re: Austin Drive, Burlington, VT 05401 Being the lands and premises identified as “Land To Be Conveyed to the City of Burlington Area = 0.73 Acres” on the plan entitled “Boundary Survey Land of Ledgewood I Condominium To Be Conveyed To The City of Burlington” prepared by Krebs and Lansing Consulting Engineers, Inc. as Project 23159, dated June 1, 2023 and recorded in Map Slide 595B of the City of Burlington Land Records. Being a portion of the lands and premises declared as a Common Element of the Ledgewood I Condominium (the “Condominium”), a common interest community established by Declaration dated January 15, 1981 and recorded January 15, 1981 in Volume 271 at Page 481 of the City of Burlington Land Records, as amended including, without limitation, by Amendment dated June 21, 1982 and recorded in Volume 283 at Page 141 of the City of Burlington Land Records (the “Declaration”). Being a portion of the lands and premises conveyed by Warranty Deed from Thomas Cholnoky, Imre Cholnoky, William C. Brooks, Ralph F. Brook, d/b/a Champlain Associates to Ledgewood Associates dated January 12, 1981 and recorded January 15, 1981 in Volume 272 at Page 669 of the City of Burlington Land Records, and is described more particularly in the Declaration. Reference is made to a letter from Ledgewood Home Owners (“Master”) Association Board to Ledgewood I Condominium Association Board dated March 13, 2019 and recorded in Volume 1437 at Page 193 of the City of Burlington Land Records by which Ledgewood Home Owners (“Master”) Association disclaimed “any right, title or interest in or to” the Property, which is described therein with reference to a Warranty Deed from Ledgewood Associates to Ledgewood Home Owners Association dated January 27, 1993 and recorded January 29, 1993 in Volume 473 at Page 126 of the City of Burlington Land Records. Reference is hereby made to said deeds and their records, to all references therein and to the Stowe Land Records in aid of this description.” CATIC VT (8-2021) Property Description ALTA Title Insurance (7-1-2021) Page 62 of 75 EX-C WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS, that Ledgewood I Condominium Association, an unincorporated Vermont association with its principal place of business in the City of Burlington, County of Chittenden and State of Vermont, and Ledgewood I Condominium Homeowners’ Association, Inc., a Vermont nonprofit corporation ("Grantor"), in consideration of the sum of Ten and More Dollars paid to its full satisfaction by the City of Burlington, a Vermont municipal corporation situated in Chittenden County, Vermont ("Grantee"), by these presents, does freely GIVE, GRANT, SELL, CONVEY and CONFIRM unto the said Grantee and to its successors and assigns forever, the following lands and premises with all appurtenances thereto located in the City of Burlington, County of Chittenden, and State of Vermont (the “Property”) described as follows, viz: Being the lands and premises identified as “Land To Be Conveyed to the City of Burlington Area = 0.73 Acres” on the plan entitled “Boundary Survey Land of Ledgewood I Condominium To Be Conveyed To The City of Burlington” prepared by Krebs and Lansing Consulting Engineers, Inc. as Project 23159, dated June 1, 2023 and recorded in Map Slide __ of the City of Burlington Land Records. Being a portion of the lands and premises declared as a common element by Declaration of Ledgewood I Condominium made by Ledgewood Associates, a Vermont general partnership, dated January 15, 1981 and recorded in Volume 271 at Page 481 of the City of Burlington Land Records, as amended (the “Declaration”) including, without limitation, by Amendment dated June 21, 1982 and recorded in Volume 283 at Page 141 of the City of Burlington Land Records, which authorized and required the dedication of the property conveyed hereby to the City of Burlington for use as a public roadway. The Declaration identifies the association of unit owners that manages the common elements of the condominium as Ledgewood I Condominium Association, an unincorporated association, however, the unit owners have also formed a Vermont nonprofit corporation called Ledgewood I Condominium Homeowners’ Association, Inc. to manage those same common elements; accordingly, this deed is executed by both entities. The Property shall be used for the purpose of: (a) operating, maintaining, repairing, replacing and reconstructing an existing public roadway; and (b) operating, maintaining, repairing, replacing and reconstructing stormwater collection, detention and disposal infrastructure, including swales, pipes and catch basins, and associated appurtenances and equipment and other related facilities and improvements. By acceptance of this Deed, Grantee acknowledges and agrees that it has received all necessary certifications and test results, and it has performed all investigations, it deems necessary to accept the above-mentioned improvements in their "as-is, where-is" condition. By its conveyance of the Property, Grantor intends for the Property to longer be subject to the Declaration, to the Grantor’s bylaws or rules and regulations, or to any other term or condition associated with the Property’s prior status as a common element of a common interest community, except with respect to Grantor’s management of any private utilities that may be located upon or within the Property. The Property is conveyed subject to and with the benefit of: (1) applicable provisions of state laws and regulations, municipal ordinances, public laws and special acts; (2) all rights of the public and others legally entitled thereto in any portion of the Property lying within the boundaries of a public road, way, street, trail, or alley, not meaning to reinstate any claims barred by operation of the Vermont Marketable Record Title Act, 27 V.S.A. § 601 et seq.; (3) the requirements of applicable federal, state and municipal laws, ordinances, regulations, permits and approvals pertaining to the Property, as each may be modified or amended from time to time; (4) all existing utilities located upon or within the Property, including any associated easements; and WARRANTY DEED - AUSTIN ROAD ENTRY TO CITY OF BURLINGTON (00512915-3XA9531) Page 63 of 75  (5) the reservation by Grantor of an easement to install, inspect, maintain, repair and replace all private utilities owned or maintained by Grantor and located within the Property. Reference is made to a letter from Ledgewood Home Owners (“Master”) Association Board to Ledgewood I Condominium Association Board dated March 13, 2019 and recorded in Volume 1437 at Page 193 of the City of Burlington Land Records by which Ledgewood Home Owners (“Master”) Association disclaimed “any right, title or interest in or to” the Property, which is described therein with reference to a Warranty Deed from Ledgewood Associates to Ledgewood Home Owners Association dated January 27, 1993 and recorded January 29, 1993 in Volume 473 at Page 126 of the City of Burlington Land Records. Ledgewood Home Owners Association joins in the execution of this deed to remise, release and forever quit claim any and all right, title, and interest that it may have in and to the Property and to covenant with the Grantee that from and after the execution of this deed it will have and claim no right in or to the Property. Reference is hereby made to the above-referenced instruments, plans and deeds and the records thereof, and the references therein made all in further aid of this description. TO HAVE AND TO HOLD the Property, with all the privileges and appurtenances thereto, to Grantee, the City of Burlington, and to its successors and assigns, to their own use and behoof forever; and Grantor, Ledgewood I Condominium Association and Ledgewood I Condominium Homeowners’ Association, Inc., each for itself and its successors and assigns, does covenant with the said Grantee and its successors, and assigns, that until the ensealing of these presents, Grantor is the sole owner of the Property, and has good right and title to convey the same in the manner aforesaid, that the Property is FREE FROM EVERY ENCUMBRANCE, except as aforementioned; and Grantor hereby engages to WARRANT and DEFEND the same against all lawful claims whatever, except as aforesaid. Signature Page to Follow WARRANTY DEED - AUSTIN ROAD ENTRY TO CITY OF BURLINGTON (00512915-3XA9531) Page 64 of 75 IN WITNESS WHEREOF, the undersigned does hereby execute this Warranty Deed on _______________, 2023. Ledgewood I Condominium Association Ledgewood I Condominium Homeowners’ Association, Inc. By: _____________________________________ Andrew Prendimano Treasurer and Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. This deed was acknowledged before me on ____________ __, 2023 by Andrew Prendimano as Treasurer and Authorized Agent of Ledgewood I Condominium Association and of Ledgewood I Condominium Homeowners’ Association, Inc. Before me, _______________________________ Notary Public State of Vermont My commission expires: 1.31.25 My credential number: _______________ Ledgewood Home Owners Association By: _____________________________________ Betsy Liley President and Authorized Agent STATE OF VERMONT COUNTY OF CHITTENDEN, SS. This deed was acknowledged before me on ____________ __, 2023 by Betsy Liley as President and Authorized Agent of Ledgewood Home Owners Association. Before me, _______________________________ Notary Public State of Vermont My commission expires: 1.31.25 My credential number: _______________ WARRANTY DEED - AUSTIN ROAD ENTRY TO CITY OF BURLINGTON (00512915-3XA9531) Page 65 of 75 EX-D Ledgewood I 5/8" capped rebar found 30" above Condominium SITE grade "LS 415" Homeowners' S5 8° 19 5/8" capped rebar Association found flush "LS 415" 80 '33" .00 E Inc. 1° 4 16 3'23 6.7 "E 80 Austin Drive, Burlington, Vermont °46'1 N3 8 9"E 123 .62 N17 5/8" capped rebar found S5 16" above grade "LS 415" 8° N58°19'33"W 1.50' from a 1 19 9'33 calculated corner 9.9 "E Ledgewood I Condominium 3 S58°19'33"E 1.50 164 Main Street, Suite 201 P: (802) 878-0375 Colchester, Vermont 05446 www.krebsandlansing.com LAND TO BE 50 CONVEYED TO THE L=19.88, R=193.70 N5 .0 8° 19 0 CITY OF '33 BURLINGTON "W S34°31'01"W AREA = 0.73 ACRES 19.87' 4"x4" concrete monument found flush 6"x6" concrete N5 200. 8° 0 monument found 19 0 S31°34'35"W '33 4" below grade "W L=50.61, R=1402.39 49.55 S32°36'37"W 50.61' L=48.27, R=1239.45 BOUNDARY S34°41'43"W 48.27' SURVEY 6"x6" concrete monument found LAND OF LEDGEWOOD I 12" above grade CONDOMINIUM TO BE CONVEYED TO THE CITY OF BURLINGTON S3 140 5° . 35 36 6"x6" concrete monument found '15 16" above grade "W Boundary Survey B-1 Page 66 of 75 EX-E NEW SIDEWALK AUSTIN DR NEW BIKE PATH Page 67 of 75 EX-F Page 68 of 75 Page 69 of 75 Page 70 of 75 Page 71 of 75 Page 72 of 75 Page 73 of 75  CITY OF BURLINGTON DEPARTMENT OF PUBLIC WORKS 645 Pine Street, Suite A Burlington, VT 05401 802.863.9094 VOICE 802.863.0466 FAX 802.863.0450 TTY www.burlingtonvt.gov/dpw To: DPW Commissioners Fr: Chapin Spencer, Director (cspencer@burlingtonvt.gov) Re: DPW Director’s Report Date: May 21, 2025 MAIN STREET UPDATES & ADDITIONAL MITIGATION: Based on business feedback and desire for additional mitigation back in March, we undertook further activities:  A mid-week parking promotion requested by businesses. 2 hour free parking for four Wednesdays and Thursdays at all downtown street meters.  A partnership with Front Porch Forum in Burlington to provide impacted Main St businesses free posts – and a paid county-wide promotional campaign. These additional measures were funded by Water Resources. We are also asking the contractor for a proposal in the next week for what it would cost to maintain one-way westbound traffic through the remainder of the project. We are expecting the Council to have a resolution coming to the May 19 Council meeting focused on supporting the downtown community. We are fully engaged in these conversations. More info: Peter Procaccio, pprocaccio@burlingtonvt.gov and https://greatstreetsbtv.com/. FY’26 BUDGET AND THE FUTURE OF MUNICIPAL RECYCLING COLLECTION Thank you for the opportunity to discuss the future of the municipal recycling collection at the April Commission meeting. We are preparing to bring an update to the City Council at the May 19 meeting that brings forward the Transportation, Energy & Utilities Committee’s 3-1 approved motion from their April meeting to:  Support the development of a Memorandum of Agreement regarding a DPW Recycling and Street Maintenance staff recruitment and retention program to be developed by DPW management and AFSCME representatives brought forward to the Council for approval at a May 2025 meeting, and  Support putting out a request for price quotes (RFPQ) to area haulers in May 2025 for a 3-5 year contracted operation of the City’s Recycling program, and  Support DPW management developing, in parallel, a sustainable municipally-run operational model and full cost estimate for a Recycling program delivered by DPW staff, and  Request the Transportation, Energy & Utilities Committee work with City staff to develop a plan, timeline and budget to evaluate a potential transition to a fully consolidated solid waste collection system and provide the proposed plan back to the City Council by November 2025 More info at https://www.burlingtonvt.gov/recyclingfuture and Lee Perry, lperry@burlingtonvt.gov. Page 74 of 75 THE LONG VIEW: DPW is spending significant time working to mitigate the impacts of our generational upgrades to the City’s aged infrastructure. We know our work has impacts and we very much appreciate the community’s continued support of our great local businesses who are within and adjacent to our construction areas. Additionally, we want to remind the public that Burlington is on the edge of seeing major transformative work come to fruition. As the Mayor says “Burlington’s best days are ahead.” Within just the next year, so many projects will be completed or reaching exciting milestones:  Burlington Square, Vermont’s newest tallest building, will open  The new Burlington High School will open  The Champlain Parkway will be open with a new interstate connection  The Main Street project will be completed  The Post Apartments project on South Winooski will be open  Work will begin on reconnecting Pine St and St Paul St after Urban Renewal ripped them up Together, we are laying the solid foundation for Burlington’s future. See you all next Wednesday! Reach out anytime on these or other issues (cspencer@burlingtonvt.gov). Page 75 of 75