HomeMy WebLinkAboutSITE PLAN (128) PLANNING AND ZONING COMMISSION
PLANNING AND ZONING COMMISSION ACTION TIiIS APPLICATION SHALL BE ACCEPTED BY
APPLICATION # J THE PUNNING AND ZONING COMMISSION AT
RECEIVED DATE: //- Y tom_ THE REGULARLY SCHEDULED MEETING ON THE
APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL
REJECTED DATE: BE SUBMITTED TO THE PLANNING AND
RECEIPT # S s ZONING COMMrtISSION OFFICE ONE (1) WEEK
PRIOR TO THE FOURTH TUESDAY.
APPLICANT: RWR ASSOCIATES
ADDRESS 1750 Ellington Road, South Windsor, CT 06074 TELEPHONE # 644-8761
i
OWNER OF RECORD ON S.W. LAND RECORDS RWR ASSOCIATES
ADDRESS: 1750 Ellington Road, South Windsor, CT 06074
COMPLETE DESCRIPTION OF LOCATION OF PROPERTY four (4) industrial lots on Chapel
Road, South Windsor, CT (see attached map for complete description)
ZONE --/4/o-
NAME, ADDRESS b TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE
DIRECTED: William E. Grace 25 Oakland Road South Windsor, CT 06074
TELEPHONE # 644-1528
THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING)
1. Zone Change to Zone (public hearing)
2. Filing for Subdivision
3. Filing for Open Space Subdivision (public hearing)
4. Filing for Resubdivision (public hearing)
5. Special Exception to Article of the Zoning Regulations (public hearing)
_ 6. Site Development Plan
7. Removal of Sand, Gravel, Clay or Quarry Stone A Ore (public hearing)
8. Other (explain in detail)
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF THE PROPERTY AND
SUBMITTED ALONG WITH TH M BETS OF PLANS BEFORE IT WILL BE ACCEPTED BY THE PUNNING AND
ZONING COMMISSION `
' 1 ' a Grace tt ney for V�1• E.,
GrA a orney for
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RWR S T
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1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
SOR,co�' AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL INQUIRER MONDAY, NOVEMBER 29 , 1982
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING & ZONING COMMISSION
At the November 23, 1982 meeting, the Planning & Zoning Commission
voted to take the following action:
1 . Approve the application of Pleasant Valley Realty, Inc . for
a resubdivision of 28 lots located north of Chapel Road and
west of Clark Street, known as Section 7 of Pleasant Valley
Homes , A-20 zone .
2 . Approve , with modifications, the application of Edward W.
and Adell E. Kasheta for a one lot subdivision on the south side
of Governor ' s Highway, -in an A-40 zone .
3 . Approve the application of Albina C. Riester for a subdivision of
1 lot on the west side of Foster Street Extension, south of
Saginaw Street, RR zone .
4. Approve, with modifications , Phase I as shown on a site plan of
development prepared by Lucek Engineering Assoc. , Inc . dated
10/2/82 , for property on the north side of Chapel Road, I zone.
5. Approve a modified plan for Phase III of Parkview South
Condominiums consisting of 36 units located in Buildings 8 , 9 ,
10 , 11 and 12 between Sand Hill and Ellington Roads, in an MF-A
Zone , for applicants William Mitchell, Robert Urso and Christine
Lane Associates.
Dated at South Windsor , Connecticut this 24th day of November , 1982 .
PLANNING AND ZONING COMMISSION
Marshall Montana, Chairperson
Raymond F. Hallowell , Jr . , Secretary
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
tiosoR.c AREA CODE 203/644-2511
November 30 , 1982
William E. Grace, Esq .
25 Oakland Road
South Windsor , Ct . 06074
Dear Bill :
Re : App . #895 - RWR Associates
N/S Chapel Road
Please be advised that the Planning & Zoning Commission voted
to approve Phase I of the industrial condominium as shown on
the site plan of development prepared by Lucek Engineering
Assoc . , Inc . dated October 2, 1982 , entitled Proj . 82-60 , subject
to the following :
1 . No outside storage will be permitted to the rear (east) of
Building No . 1 .
2 . A surety bond in the amount of $10,000 shall be posted to
ensure the completion of landscaping and buffering.
3 . No building permits will be issued until the final plans have
been filed rn the Town Clerk' s Office .
4. Sheet Nod 3 of the plans shall be filed as is, and shall be
entitled "Conceptual Plan Only . "
5. Another copy of Sheet No . 3 must be filed with the following
modif icat ions :
a. Lighting to the rear (east) of the building shall be
from the ground and directed at the building and under
no circumstances shall shine in the direction of the
adjacent condominiums.
b . All references to future phases will be removed and the
plan will show Phase I only. This plan will be entitled
"Plot and Topograhic Plan - Industrial Condominiums" .
C . Lot lines will be removed.
d. The location of dumpsters must be shown, and the dumpsters
must be installed on concrete pads with adequate screening ,
subject to the approval of the Town Engineer and Planning
Director .
William E. Grace , Esq . -2- 11/30/82
e . The square footage of the building must be indicated.
Black and white transparent mylars for Sheet #1 , and Sheet #3 as is ,
and with the above modifications , shall be submitted to the
Commission to be stamped and signed . The technical portions of the
final plans shall be certified by either a land surveyor or
professional engineer licensed to practice in Connecticut and
shall bear an A-2 certification. This approval letter must be
reproduced on Sheet #1 .
After the foregoing requirements have been met , and the plans
have been stamped and signed by the Commission, they will be
returned to you for filing in the Town Clerk' s Office .
Yours very truly,
PLANNING AND ZONING COMMISSION
vg By :
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Marshall Mont Ana.- Chairperson
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CC: T. D 'Auria , Building Official
B. McNamara, Assessor
P . DeMallie , Planning Director
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2307 SILAS DEANE HIGHWAY
ROCKY HILL,CONNECTICUT 06067
y(gyp TELEPHONE
198 December 1, 2 (203) 563-2355
South Windsor Planning and Zoning Commission
South Windsor Town Hall
South Windsor, CT. 06074
Re: Storm sewer drainage, Bissell Commons, Chapel Road, South Windsor, CT.
Dear Commissioners:
Please be advised that this office represents Chapel Hill Realty, Inc.
and Chapel Hill Condominium Association, Inc. which are co-owners of a
twenty-five acre parcel located at the intersection of Chapel Road and Elling-
ton Road in South Windsor, Connecticut. As you may recall the Commission ap-
proved this site for the construction of 163 condominium units which is pres-
ently under development. Thus far the developer has received approval for
three phases of construction and has completed or is in the process of com-
pleting 82 condominium units. Contemporaneously with this construction the
developer has installed numerous improvements including but not limited to
fences where required, landscaping the entire buffer area, installation of
the sanitary sewer system, installation of the entire storm sewer system with
provisions for accepting the water run-off from Chapel Road directly adjacent
to this site, constructing a properly designed detention basin to accomodate
the storm sewer system, installation of roadways, swimming pool, lighting and
numerous other improvements.
Pursuant to the approval process Chapel Hill Realty, Inc. executed a
drainage easement in favor of the Town of South Windsor in order to accomodate
the storm water run-off from Chapel Road directly adjacent to this site.
Accordingly the pipe located within the condominium development was sized and
the detention basin designed to accomodate the Chapel Road run-off. Mr. Jean
Marc Jacques, President of Chapel Hill Realty, Inc. and President of Chapel
Hill Condominium Association, Inc. estimates that approximately $150,000.00
was expended to construct the entire storm sewer drainage system including the
catch basins installed within Chapel Road.
It has recently come to the attention of Mr. Jacques and this office that
the abutting property owner known as RWR Associates, developers of an industrial
condominium complex known as Bissell Commons is presently excavating the adjacent
site in order to construct industrial condominium buildings and improvements
such as parking areas, etc. The developers either were not required or did not
see fit to install an appropriate buffer as was required by Mr. Jacques when
his condominium approval was obtained resulting in an unsightly property directly
adjacent to the condominium model and large quantities of dust and earth blowing
onto the condominium sight destroying the landscaping previously installed. In
addition several perspective purchasers have opted not to purchase a condominium
unit as a direct result of this unsightly and unprotected construction directly
adjacent to Chapel Hill Condominiums.
-2-
Upon review of RWR Associates' plans for Bissell Commons there appears
to be a storm sewer outlet which is proposed to be installed from the detention
basin directly to the South Windsor storm sewer system located on Chapel Road
which then would run through the private storm sewer system currently owned
by Chapel Hill Realty, Inc. and Chapel Hill Condominium Association, Inc.
This is to advise you that both Chapel Hill Realty, Inc. and Chapel Hill
Condominium Association, Inc. strenuously object to any abutting or adjacent
property owners connecting to the Town of South Windsor storm sewer system
and further object to this water run-off entering the private storm sewer
system installed and owned by Chapel Hill Condominiums.
The aforementioned drainage easement was willingly conveyed to the Town
of South Windsor in order to provide adequate drainage for Chapel Road as was
discussed with the engineering staff and the Planning and Zoning Commission
however it was never contemplated or intended that abutting property owners
and developers would be permitted to use this private system. It is the posi-
tion of Chapel Hill Realty, Inc. and Chapel Hill Condominium Association, Inc.
that they will not permit abutting property owners to utilize their private
storm sewer drainage system which could very well over burden the design as
well as pollute the entire system with filthy materials or industrial waste
products.
It is our sincere desire that Bissell Commons utilize an alternative
storm sewer system other than that presently proposed so that we may avoid
any litigation necessary to protect the rights of the owners of Chapel Hill
Condominium and the Association. Historically the Town of South Windsor and
Mr. Jean Marc Jacques and this office have evidenced a spirit of cooperation
for the mutual benefit of the town, the developer and the home owner. It is
our intention to continue this policy in the future.
If we may be of any further assistance to you in this matter, please do
not hesitate to write or call.
Very truly yours,
and G. LeFoll
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
l�osoR-C AREA CODE 203/644-2511
December 8 , 1982
Raymond G. LeFoll, Esq.
2307 Silas Deane Highway
Rocky Hill, Ct. 06067
Dear Ray:
Re : Chapel Hill Condominiums -
Bissell Commons
Thank you for your letter of December 1, 1982 , which the Commission
discussed at it ' s meeting last night.
We understand yourconcerns regarding the drainage system, however,
the Town Engineer has assured us that the drainage from the adjacent
lot of RWR Associates will not adversely affect this sytem. It is
our further understanding that when the Town was -granted this ease-
ment no constraints were placed on the use of the system.
Insofar as the buffering is concerning, we are under the impression
that a satisfactory arrangement had been worked out .
Yours very truly,
PLANNING & ZONING COMMISSION
vg By :
ars all Montana, airperson
CC: P. DeMallie, Planning Director
J. Page, Town Engineer
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2307 SILAS DEANE HIGHWAY
ROCKY HILL,CONNECTICUT 06067
TELEPHONE
December 9, 1982 (203) 563-2355
South Windsor Planning and Zoning Commission
South Windsor Town Hall
South Windsor, CT. 06074
RE: Storm drainage system of Chapel Hill Condominiums
Chappi RaaA th Windsor, Connecticut and
Bissell Commons
Dear Commissioners:
Please be advised that this office is in receipt of your letter dated
December 8, 1982 from which it is reasonable to conclude that the Planning
and Zoning Commission intends to allow Bissell Commons to install a drainage
pipe from its detention basin to the municipal drainage system in Chapel Road.
Please be advised that Chapel Hill Realty, Inc. and Chapel Hill Condominium
Association, Inc. herein object to Bissell Common connecting to the Town of South
Windsor drainage system without having a drainage easement from the Town of South
Windsor. To my knowledge Bissell Commons has not acquired any legal interest
or drainage rights owned by the Town of South Windsor which are located beyond
its property line. While the Commission -may have acted in good faith and earn-
estly believed that it had the right to grant the developer permission to con-
nect to the -municipal drainage system, it is -my understanding that the Planning
and Zoning Commission cannot grant any interest in -municipal land since the
town charter specifically reserves that function to the Town Council.
Please be further advised that the drainage easement from Chapel Hill Realty,
Inc. to the Town of South Windsor was conveyed solely to the town in order to
accomodate town drainage and for no other purpose. Connecticut case law is
replete with precedents and supports the legal theory that the owner of the
dominant estate which owns the drainage easement - here the Town of South Windsor -
cannot increase the burden on the servient estate - here Chapel Hill Condominiums -
by allowing abutting property owners to ,utilize the easement in favor of the town.
If the law were otherwise we would reach the ludicrous conclusion that the Planning
and Zoning Commission or the Town Council could allow numerous abutting property
owners to utilize its drainage easement and eventually flood Chapel Hill Condomin-
iums. The law zealously protects the servient estate through which this storm
drainage flows.
I would strongly urge the Planning and Zoning Commission to refer this entire
matter to the town attorney for a legal opinion and further advise the Commission
to prohibit Bissell Commons from installing any drainage into the municipal system
and/or the Chapel Hill Condominium system until this entire -matter is resolved.
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1540 SULLIVAN AVENUE • SOUTH WINDSOR CONN. 06074
f��soR•co AREA CODE 203/644.2511
December 16, 1982
Wayne C. Gerlt , Esq.
P. 0. Box 559
South Windsor , Ct . 06074
Dear Wayne :
Re : Bissell Commons - Chapel Hill Condominiums
I 'm enclosing a copy of the letter Ray LeFoll sent the Commission
regarding the drainage of Bissell Commons through an Easement
Chapel Hill gave the Town.
I would like to meet with you and Buck Page so that we can review
this matter in view of the fact that Ray LeFoll is threatening
legal action, and the Commission should decide what options are
available to it. Would you please call me so that we can arrange
a suitable time?
W checked with the Town Clerk' s Office to get a copy of the Drainage
Easement and find that it has never been recorded . We do not
have the original Easement in our file and apparently it was delivered
to you by Mr. LeFoll last summer . I 'm enclosing a xerox copy of it
for your information.
Yours very truly ,
PLANNING & ZONING COMMISSION
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encs . Marshall Montana, Chairperson
CC: Mr . J. Page, Town Engineer
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1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
SOR.co AREA CODE 203/644-2511
December 21, 1982
Mr. Jules Page
Public Works Department
1540 Sullivan Avenue
South Windsor , CT 06074
Re: Chapel Hill Condominiums , Drainage Easement
Bissell Commons
Dear Buck:
I have referred the referenced matter to Paul Smith of my office ,
since I will be unavoidably involved with the Tauscher trial for
several more weeks it appears . Paul should be reviewing this
matter in the very near future and I request that you contact him
to schedule the requested conference to discuss the legal issues
involved .
In any event , it appears clear to me that only the Town Council
could grant a right to use or an assignment of drainage rights
held by the Town of South Windsor . Therefore , a contingency or
requirement in an approval letter by the Planning and Zoning
Commission that drainage rights through the town easement be
obtained from the Town Council would be appropriate . If the
contingency was merely the drainage be connected through the
town easement , that may still suffice so long as proper action
is taken by the Town Council prior to any action to connect by
the developer .
None of what I have said in this letter should be construed to
prejudge whether or not the town has the right to even assign the
drainage rights . Attorney LeFoll in his letter raises some
significant legal issues in that regard and Paul will have to
research those before drawing conclusion as to whether or not
an assignment of the rights can even be made in any event .
Mr . Jules Page
Page 2
December 21, 1982
Thank you for your attention to this matter .
Very truly yours ,
Wayne Christopher Gerlt
Town Attorney
WCG:mrl
cc Marshall Montana
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December 31, 1982
IRREVOCABLE LETTER OF CREDIT #143
DONALD R.PAGE
VICE PRESIDENT AND TREASURER
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Gentlemen:
The undersigned hereby requests you to establish an irrevocable
letter of credit in favor of RWR Associates, 1750 Ellington Road,
South Windsor, Connecticut 06074, up to an aggregate amount of
$10,000 .00 available by drafts drawn on the South Windsor Bank
and Trust Company.
Your drafts must be accompanied by the following documents :
1. Original Letter of Credit.
2. A beneficiary signed -statement, by a company official
that tnese funds are due you for non-performance and/or
non-payment by RWR Associates in respect to the Plantings
of Bissell Commons.
Each draft drawn hereunder, must bear the following clause:
"Drawn under The South Windsor Bank and Trust Company
Letter of Credit number 143, dated December 31, 1982" .
We engage with you that all drafts drawn under and in compliance
with the terms of this letter of credit will be duly honored upon
presentation to us at our main office on 1033 John Fitch Boulevard,
South Windsor, Connecticut 06074 , on or before December 31, 1983,
on which date our letter of credit expire .
V t yours,
d R. age
Vice President and Treasurer
DRP:aw
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�L 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
0::CID AREA CODE 203/644-2511
January 4, 1983
MEMORANDUM TO: Wayne C. Gerlt, Esq. , Town Attorney
FROM: Planning & Zoning Commission
RE: Letter of Credit, RWR Associates, Bissell Commons, Chapel Road
Enclosed is a copy of a Letter of Credit in the amount of $10,000
drawn on the South Windsor Bank & Trust Company, to ensure
completion of landscaping on the above site.
Would you please advise us if the form of same is acceptable?
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_ 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
soe-c0 AREA CODE 203/644-2511
September 19 , 1983
Mr. Richard Kelley
R. S . K. Contractors
1750 Ellington Road
South Windsor, Ct. 06074
Dear Dick:
Re : App . #895 - Bissell Commons
Chapel Road
The Commission would like to have the landscaping and buffering
on the easterly side of this site adjacent to the condominiums
installed during this fall ' s planting season.
Would you please arrange to meet with Peter DeMallie to discuss
this matter and advise him of your planting schedule?
Yours very truly,
PLANNING AND ZONING COMMISSION
vg By:
Marshall Montana, Chairperson
CC: Peter DeMallie, Planning Director
PATTERSON. CASEY, HALPERN. COCO & GRACE, P.C.
ATTORNEYS AT LAW
25 OAKLAND ROAD
SOUTH WI NDSOR,CONNECTICUT 06074
(2031 B44-13213
RICHARD G.PATTERSON 1 S 5 SILAS DEANE HIGHWAY
JOHN M.CASEY WETHERSFIELD.CT 06109
KENNETH S.HALPERN (203)563-2B34
NATALENO A.COCO
WILLIAM E.GRACE
JOHN W.DOMBROWSKI.JR.
NANCE KRISCENSKI CASTILLO October 12, 1983
Planning and Zoning Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor CT 06074
RE: App. #895 - RWR Associates (Bissell Commons Condominium)
NIS Chapel Road
Dear Commissioners:
The applicant, Bissell Commons, Inc. , has completed a substantial
portion of the landscaping and buffering, as set forth in your letter
of approval dated November 30, 1982.
We ask that the Engineering Department inspect the site and that
the commission consider a reduction in the bond at this time.
Very truly yours,
William E. Grace
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a • �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
OR-CO AREA CODE 203/644-2511
October 27 , 1983
• William E. Grace, Esq.
25 Oakland Road
South Windsor, Ct. 06074
Dear Bill:
Re: App. #895 - Bissell Commons
The Commission voted to reduce the bond in the above matter from
$10 , 000 to $1, 000 . We are holding a letter o t (plus its
renewal) for $10, 0001 and- 7MI return t is to you upon receipt
of surety in iFe'"amount of $1, 000 . If you wish to submit a
passbook, please be sure the Town Attorney signs the signature
card on behalf of the Town of South Windsor.
Yours very truly,
PLANNING & ZONING COMMISSION
vg By;
Marshall Montana, Chairperson
0
Jim • 44
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1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
f�psoint. ' AREA CODE 203/644-2511
October 11, 1985
Mr. Richard S. Kelley
RWR Associates
1750 Ellington Road
South Windsor, Ct. 06074
Dear Sir:
Re: Bissell Commons
The Planning & Zoning Commission is holding a Letter of Credit
in the amount of $1,500 to ensure completion of landscaping
and buffering at Bissell Commons. The Letter of Credit will
expire on November 7, 1985.
Please forward us an amendment extending the term for one year
immediately. Our rules require that this matter be placed on
a PZC Agenda for discussion, and possible calling of the Letter
of Credit, if a renewal has not been submitted 30 days before
the date of expiration.
Yours very truly,
PLANNING & ZONING COMMISSION
vg By:
Robert F. Gilligan, Aairmap
CC: P. DeMallie, Planning ]director
r ap sl ?d&U&Ot
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
't'OgOR,Cps
AREA CODE 203/644-2511
August 10, 1987
Bissell Commons, Inc . CERTIFIED MAIL
1744 Ellington Road
South Windsor , Ct 06074
Attn : Mr . Richard Kelley
Dear Mr . Kelley:
Re: Application #501 - Bissell Commons
At the July 13 , 1987 meeting , the South Windsor Inland Wetlands
Agency/Conservation Commission approved application #501 , which is a
renewal of permit granted under application #340, located on Chapel
Road.
The permit becomes effective July 13 , 1987 with an expiration date of
July 13, 1988 . All original conditions granted under application
#340 will apply to this permit .
Very truly yours ,
Eliza th Warren , ice-Chairman
Inla64 Wetlands Agency/
Conservation Commission
Town of South Windsor
CC: A .B . Davies , Deputy Town Engineer
Richard Martel , Town Engineer
Marcia Banach , Director of Planning
Michael Gantick , Director of Public Works
Thomas D' Auria, Building Official
Louise Evans , Chairman , PZC
RWR
ASSOCIATES
January 19, 1988 .
4
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Town of South Windsor
Planning & Zoning Commission �
'Q Mr. Raymond Hallowell, Chairman
1540 Sullivan Avenue C��,a��
South Windsor, CT 06074 �-
Dear Mr. Hallowell:
P
The Town of South Windsor Planning and Zoning Commission is currently
holding a letter of credit for Bissell Commons, 400 Chapel Road. This letter
of credit is on the landscaping for buildings one, two and three, and this
landscaping is now complete. Therefore, we respectfully request that this
letter of credit be released. Thank you for your assistance.
Sincerely,
Robert Urso, Sec.
Bissell Commons Inc.
1750 Ellington Road South Windsor, CT 06074
-2-
Please be further advised that if Bissell Commons connects its drainage
to the Town of South Windsor drainage system which eventually collects onto
the Chapel Hill Condominium property we shall have no alternative but to
institute suit against the Town of South Windsor and the owners of Bissell
Commons in order to protect the property rights of Chapel Hill Realty, Inc.
and Chapel Hill Condominium Association, Inc. In light of the clear Connecti-
cut case law and threatened litigation between the parties I would strongly
urge the Planning and Zoning Commission to reconsider its position and prohibit
Bissell Commons from connecting its drainage outlet to the Town of South Windsor
drainage system.
Thank you for your anticipated cooperation.
Very tru yours,
G. LeFol
RGL/c
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DRAINAGE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT, CHAPEL HILL REALTY, INC. , a
Connecticut corporation having a principal place of business in the Town
of South Windsor, County of Hartford and State of Connecticut, for the con-
sideration of TEN ($10.00) DOLLARS and other valuable considerations, re-
ceived to its full satisfaction of the T f South Windsor, a municipal
corporation chartered under the laws of the State of Connecticut, do give,
grant, bargain, sell and confirm unto the said Town of South Windsor, its
successors and assigns forever a perpetual right to lay, install, maintain,
inspect, operate, construct, use, alter, repair, replace and remove a storm
water or storm sewer line, storm water or storm sewer pipe, or storm water
or storm sewer. drainage system and appurtenances thereto, in, through, upon
and over a certain piece or parcel of land situated in the Town of South Wind-
sor, County of Hartford and State of Connecticut, owned by the said Chapel
Hill Realty, Inc. , as described in Schedule A attached hereto and made a part
hereof.
Within said Drainage Easements described in Schedule A, the Grantee, its
successors and assigns shall have the right to lay, maintain, construct, in-
spect,, use, operate, alter, repair, replace and remove the storm water or
storm water sewer line, a storm water or storm sewer pipe, or storm water of
storm sewer drainage system and their appurtenances and to enter in and upon
said parcel and to pass and repass over the same and excavate therein for said
purposes. Said Grantee, its successors and assigns, shall have the right
within said parcel to cut trees and bushes and to alter any existing water
RAYMOND G.LEFOLL
A-TOFMZY AT LAW course or perform other work necessary or convenient for the aforesaid pur-
,307 SiLAS OEANE HIGHWAY
ROCKY HI;.:..CONN 06M7 poses.
(203)563-ME
JURIS NC 33,74C
Within said Drainage Easements as described in Schedule A, the Grantee,
its successors and assigns, shall have the right to cut trees, and bushes
as may be convenient or necessary, and to remove structures thereon, and to
pass and repass with men and equipment, to operate equipment and install
material incidental to the construction of said storm water or storm sewer
line, storm water or storm sewer pipe, or storm water or storm sewer drainage
system and to excavate and fill, and, if necessary, to alter existing water
courses or form embankments over said storm water or storm sewer line, storm
water or storm sewer pipe, or storm water or storm sewer drainage system.
The Grantor herein for itself, its successors and assigns, shall not
erect or allow to be erected any large structures on said Drainage Easements
with the exception of the proposed carports as depicted on the map showing
Parcel No. 3 and shall not plant or allow to be planted or grown any large
trees thereon nor perform any work thereon within said strip or right of way
which may endanger or interfere with said line, pipe or drainage system.
The Grantor herein for itself, its successors and assigns, reserves
the right to itself, its successors and assigns, to continue to use the land
within which the aforesaid easement or right of way has been granted for any
uses and purposes which shall not in any way interfere with the use thereof
by the Grantee, its successors and assigns, in fulfilling the purpose for
which this easement or right of way is granted.
The Grantee herein for itself, its successors and assigns, agrees to
restore to and maintain said premises in their original condition as nearly
-2-
as possible commensurate with the above use upon the completion of any main-
RAYMONO G.Lr-FOLL
ATTORN--Y AT&-AW tenance, operation, construction, replacement or repair work in said easement
p7 Su.A5 DEANS HIGHWAY
IOCKV HILL.CONN O6W'? or right of way area.
203)563-23515
J11R15 NC. 3374C
TO HAVE AND TO HOLD the above granted rights, privileges and authori-
ties unto the said Grantee, its successors and assigns forever, to it and
their own proper use and behoof.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal
this 26th day of May, 1982.
Signed, sealed, and delivered
in the esence of
CHAP L HILL TY, C.
LC'Ir"10
b • r
LC �ean Marc Jacq e , Pre dent
STATE OF CONNECTICUT)
s s• May 26, 1982
COUNTY OF BARTFORD ) e,'�' ' ""[
On this 26th day of May 1982, before me, Raymond G. LeFoll, the
undersigned officer, personally appeared Jean Marc Jacques who acknowledged
himself to be the President of CHAPEL HILL REALTY, INC. , a corporation, and
that he, as such being authorized so to do, executed the foregoing instrument
for the purposes therein contained, by signing the name of the corporation
by himself as President.
In Witness Whereof I hereunto set my hand.
.�
nd G. Le o]
mmissioner of -.Me Superior Court
%AYMOND LEFOLL
ATTORNEY AT LAW
)7 S:LAS DEANIE MIGMWAY
POCKY MILL.CON N 06067
Q03:563-2855
JjR'S NO 33740
SCHEDULE A
PARCEL NO. 1
A certain piece or parcel of land situated on the northerly
side of Chapel Road in the Town of South Windsor, County of Hart-
ford and State of Connecticut shown as "Drainage Easement (to
Town of South Windsor) " over land now or formerly of Chapel Hill
Realty, Inc. as shown on two maps entitled, "Exhibit"B" Plot Plan
CHAPEL HILL CONDOMINIUM Prepared For CHAPEL HILL REALTY, INC .
South Windsor, Conn. Reino E. Hyyppa & Associates Civil Engineers
& Land Surveyors Glastonbury, Conn. Scale 1" = 40 ' Dat 10-19-81
Map No. 97-79-lF Sheet 1 of 2 Sheets" and Sheet 2 of 2 Sheets" ,
which maps are on file in the South Windsor Town Clerk' s Office
to which reference may be had.
The said "Drainage Easement" is more particularly bounded
and described as follows:
Commencing at a point marked by a concrete monument set in
the northerly street line of Chapel Road, which point is also in
the westerly boundary of land herein described and the easterly
boundary of land now or formerly of Cyril Roy; thence running N25
00147"E along land now or formerly of said Cyril Roy, land now or
formerly of Charles and Walter Jurgelas and land now or formerly cf
Quinnipiac Industrial Corp. partly by each and all a distance of
872 .41 feet to an iron pin; thence turning N24°58 ' 10"E and
running along land now or formerly of said Quinnipiac Industrial
Corp. a distance of 451. 41 feet to a merestone set in the souther-
ly boundary of land now or formerly of John Russo thenc turning
S65026100"E and running along the southerly boundary of land now
or formerly of said Russo a distance of 20.00 feet to a point;
thence turning S24°58110"W and running along other land of Chapel
HillRealty, Inc. a distance of 451.55 feet to a point; the last
described line is 20.00 feet easterly and parallel to the easter-
ly boundary of land now or formerly of Quinnipiac Industrial Corp. ;
thence turning S25°00147"W and running along other land of Chapel
Hill Realty, Inc. a distance of 872.25 feet to a point in the
northerly boundary of Chapel Road; the last described line is
20.00 feet easterly of the easterly boundary of land now or form-
erly of Quinnipiac Industrial Corp. , land now or formerly of
Charles and Walter Jurgelas and land now or formerly of Cyril Roy
thence turning N65°28 '40"W and running along the northerly boun-
dary of Chapel Road to a concrete monument which point marks the
place or point of beginning.
RAYMOND G.LAML.L
ATTORNEY AT LAW
2307 SILAS DEANE H*"WAY
ROCKY MILL,CONN.OW67
2M)563-2355
• JURIS NO 3374C
PAFCM 'NO. 2 9CHMME A
lapel Road P1eOe oar Parr of land situated on the
and the rwaterly side of Ellin rly side of
��, sty of Hartfozrl and State of � mod' � the Zbwn of South
Drainage Right Of "
Shown an a �'" °� land now or,foanerly o�� � a
P or Plan entitled, "ambit "8" Plot Plan C. ,p� 5 as
Wed Pbr Kai ��
Aeino E. HyypPa & Associates hLTY• South wig, Cann.
Conn. Scale 1" = 409 Civil & Land
Date 10-19-81 Map No. 97-79-1F
�e is on file in the Southyn� Ss Of 2 of 2 Shots",
may be had. 7he said " , Of Tom Clerk Office to which
Particularly both and described as follows '" is nm+e
the afc�c2mg in the northerly boundary line of "PMM I«
or
formerly of i6nJean W mp and the southerly boundary line of L,d sown on
rc Jaogms; thence along
la
�► or fo�nnerly of Jean Matz J � q N23°31'00"E along land
Point; ° � acgueS, a distance of 264.25 feet to a
of Jean Marc N56.31 00 E and na�n�.nq slang lard now agues, a distance of 70.00 feet to a or fomerly
S33029'000E and running along land of Jean Marc Ja point, thence t�iM
35.00 feet to a point; thence turning S56°31'00"w � a,distanOe of
Aond and a 20Way running along Spring
distance of 105.53 feet to a point; (F�kisting)" as shown on said
map,,
a
along said "20' Drainage Right Of Wath� turning S23031'00"w and running
feet to a point in the southerly Y (nd� Wig) a distance of 215.54
Jean Marc Jacques: thence..t of land now or formerly of
erly line-of land now
� 110"W and running along the ��
Of 10.00 feet to the Y of Jean Man Jacques, a ���
Point or place of beginning,
faro c. UFou
6"OAwMt MMI"wAY
MLA.MOUNT.MOT!
am MOisOI
mN
I
SCHEDULE A
PARCEL NO. 3
A certain piece or parcel of land situated on the northerly
side of Chapel Road, in the Town of South Windsor, County of
Hartford and State of Connecticut shown as "20 foot Drainage
Easement (to Town of South Windsor) " or land now or form rly of
Chapel Hill Realty, Inc. as shown on a map or plan entitled,
"Drainage Easement Prepared For CHAPEL HILL REALTY, INC. South
Windsor, Conn. Reino E. Hyyppa & Associates Civil Engineers & Lan
Surveyors Glastonbury, Conn. Scale 1" = 40 ' Date 5-24-82 Map No.
97-79-1G" which map is on file in the Town of South Windsor Town
Clerk' s Office to which reference may be had.
RAYMOM G.LEFOLL
ATTORNEY AT LAW
2X?SILAS DEANE MIGMWAY
ROCKY MILL.CONN OW67
(203)563-2355
juR15 NO.33740