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HomeMy WebLinkAbout04-34P Spec Ex/Site Plan TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION APPLICATION FORM Application No: 04'34(P RECEIVED Official Receipt Date: l Receipt No: MAY 0 4 2004 APPLICANT: Valley Holdings, LLC clo David R Burnett, VMD SOUTH WINDSOR PLANNING DEPT. ADDRESS: 47Patria Roam South Windsor, CT 06074 OWNER OF RECORD ON LAND RECORDS: Valley Holdings,LLC ADDRESS: (Same) COMPLETE LOCATION OF PROPERTY: 39-47 Patria Road ASSESSOR'S MAP#109 PARCEL# 6 ZONE I-Industrial NAME, ADDRESS, TEL&FAX#OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Peter R DeMallie, Design Professionals, Inc., 165 South Satellite Roam South Windsor, CT 06074 Tel.291-8755 Fax.291-8757 THIS APPLCIATION IS FOR: (Check all that apply): r" Zone Change to (Public Hearing required and Certified letter to abutters required) r` Subdivision/Resubdivision f-' Open Space Subdivision(Public Hearing Required) 1— Subdivision F Minor l- Major r Resubdivision(Public Hearing Required) I— Minor f Major f Conditional Approval R Special Exception to Article 6.1.3.6 (Public Hearing, Certified letter to abutters required) (Modification for animal crematorium) r Site Plan of Development r General Plan of f Earth Filling(Sec. 15)and/or Earth Removal(Sec. 14- Public Hearing Required) r Regulation r Zoning r Subdivision (Attach proposed amendment) Temporary and Conditional Permit for r` Major Home Occupation for r Other(explain in detail) A pplcation Pending sign is required to be posted on the p e or all applications ten(10)days p i to being heard by the C mission. Signature o Applicant ignatu of Property Owner (See reverse side for additional information) Appl #04-34P, Valley Holdings LLC Public Hearing May 25, 2004 Planning Department Report 1. Request for Special Exception approval to expand the existing veterinary/kennel use to allow an animal crematorium at 47 Patria Rd, I zone. The crematorium will include a new 12' x 30'concrete pad, the crematorium unit, and a 12' x 24' storage shed. Maximum impervious coverage allowed is 65%, 17% proposed. Proposed crematorium unit height is 15 feet; 40 feet allowed. 2. Veterinary hospital and boarding kennels, with necessary service space, are allowed as Special Exception uses provided the following criteria are met: • The goals and objectives of the Town Plan of Conservation & Development; • Adverse traffic impacts are not created; • Negative impacts on property values are not created; • The land is physically suited for the proposed use; • Adverse environmental impacts are not created; • There is a balance between neighborhood acceptance and community needs; • Present and proposed utilities, streets, drainage system, and other improvements have adequate capacity to accommodate the proposed use; • Historic factors are adequately protected, and • The overall physical appearance of the proposed development is compatible with surrounding development and the Commission's goals for the neighborhood/corridor. 3. There are regulated wetlands on the site, however, the proposed activity is too minor to require a wetlands permit. 4. Staff note that this site recently acquired property from the South Windsor Technologies industrial park. During the property conveyance, neither the required conservation easements nor the required street trees easement from the approved subdivision plan were filed on the land records. Staff request that action on this application be deferred until the necessary easements have been recorded on the land records by the owner of this property. i L X 5. If this application is approved, the Planning Dept requests no additional approval modifications. 2 -J DO -- C� vY` DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects Transmitted via certified mail May 4, 2004 RECEIVED Dear Current Abutting Property Owner MAY 0 4 2004 Re: Application of Valley Holdings, LLC SOUTH WINDSOR PLANNING DEPT. 47 Patna Road South Windsor, Connecticut DPI Project No. 1915 In accordance with regulations of the Inland Wetlands Agency and the Planning&Zoning Commission, we are required to notify you that an application has been filed on the property abutting yours and is subject to a hearing(s)by the Inland Wetlands Agency and Planning& Zoning Commission. The applications and plans are on file with the South Windsor Planning Department in the Town Hall. As an abutting property owner you are invited to the hearing(s) to ask questions and/or give comments, however, you are not required to attend. You may also submit written comments regarding the application(s)prior to the meeting if you so desire. For further information regarding the specific date this application will be heard, please contact Kelli Koehler, Administrative Secretary, Michele Lipe, Deputy Planning Director, or Jeffrey Folger, Environmental Planner, at the South Windsor Planning Department at 644-2511, ext. 253, 252 or 229, respectively. Thank you. Sincerty, DESIGFESSIONALS, INC. By. Peter R. DeMallie Principal cc: Jeffrey Folger Marcia Banach David R. Burnett 165 South Satellite Road, South Windsor,Connecticut 06074 Tel: (860)291-8755 •Fax: (860)291-8757 Email: dpicivil@aol.com DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors RECEIVED gis ♦ gps ♦ landscape architects MAY 0 4 2004 Direct Abutter List SOUTH WINDSOR PLANNING DEPT, Burnett-Patria Road DPI Project No. 04-1915 Map/Lot No. Abutters Name Mailing Address 109/5 Dynamic Materials Corp. 5405 Spine Road Boulder, CO 80301 109/8 Dynamic Materials Corp. 5405 Spine Road Boulder, CO 80301 110/1 Raymond L. & Clara M. Hawkes 305 Sullivan Avenue South Windsor, CT 06074 165 South Satellite Road,South Windsor,Connecticut 06074 Tel:(860)291-8755•Fax:(860)291-8757 Email:dpicivil@aol.com DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects RECEIVED JUN 0 4 2004 May 28, 2004 SOUTH WINDSOR PLANNING DEPT. Mr. David Caron South Windsor Technologies Center, LLC 312 Deming Street South Windsor, CT 06074 Dear Dave, Enclosed is a notification letter for Dave Burnett's project(animal crematorium), along with a letter of support that he would like you to sign. If you agree with signing it,kindly return it to me. Thank you. Sincerely, DESIGN PROFESSIONALS, INC. By: // -/, ,d1z'11,- Peter R. lbeMallie Principal 165 South Satellite Road,South Windsor,Connecticut 06074 Tel:(860)291-8755•Fax:(860)291-8757 Email:dpicivil@aol.com /� � `ClZ G� /� r� c�Ur��- .�C.�r��� c2/ss f"ems✓ /�t�C�`-�C.�' 1� C� May, 2004 RECEwEC Dr. David Burnett JUN 0 4 2004 Valley Holdings, LLC SOUTH WINDSOR PLANNING DEpT 47 Patria Road South Windsor, CT 06074 RE: Site plan/crematorium 47 Patria Road South Windsor, Connecticut Dear Dave, I am in receipt of a certified letter regarding your application to the Planning&Zoning Commission for adding a crematorium behind your dog kennel adjacent to South Windsor Technologies Center. I would like to register my support for your application as an abutting property owner. Sincerely, X. Caron ndsor Technologies Center, LLC 312 Deming Street South Windsor,CT 06074 cc: Marcia Banach Peter DeMallie TEMPORARY GRADING EASEMENT THIS TEMPORARY GRADING EASEMENT made this 2nd day of August,2004 by and between VALLEY HOLDINGS, LLC, a Connecticut limited liability company with offices in the Town of South Windsor, County of Hartford and State of Connecticut, herein referred to as "Grantor", and the TOWN OF SOUTH WINDSOR, a municipal corporation having its territorial limits within the County of Hartford and State of Connecticut, hereinafter referred to as"Grantee". WITNESSETH: WHEREAS, the Grantor is the owner of real property hereinafter described situated on Patria Road in the Town of South Windsor, County of Hartford and State of Connecticut; and WHEREAS, the Grantee, acting through its appropriate municipal agencies, has determined that it would be in the public interest to obtain temporary grading rights on a portion of the premises of the grantor; and WHEREAS, the Grantee, acting through its appropriate municipal agencies, has determined that the temporary grading rights upon said property can best be accomplished by the securing by the Grantee of a temporary easement over, across and upon said property of the Grantor; and WHEREAS, the Grantor is willing in consideration of the need to provide for the temporary grading easement to grant to said Grantee the easement hereinafter expressed concerning said property; NOW, THEREFORE, the said Grantor does hereby give, grant, bargain and confirm unto the said Grantee, its successors and assigns, the right, and authority to grade and re-grade the following area as part of the installation of sidewalks, all as shown on a map or plan entitled; "Site Plan, Resurvey Prepared for Valley Holdings, LLC; 47 Patria Road, South Windsor, Connecticut; Sheet 3 of 4; Scale 1" = 40% Dated: 4-2-04; Revised through: 6-22-04; by Design Professionals,Inc.". And being more particularly bounded and described as follows: Beginning at a point, said point occurring at the southwesterly corner of lands now or formerly of Dynamics Materials Corporation, the northwest corner of lands now or formerly of said Valley Holdings, LLC, and the easterly Right of Way line of Patria Road. Said point is marked by an iron pin. Thence proceeding S680 24' 46"E along the southerly line of lands now or formerly of Dynamic Materials Corporation, a distance of 10.00' to a point. Thence proceeding S20102 16" W across lands now or formerly of Valley Holdings, LLC, a distance of 227.3' to a point. Said point being on the northerly line of lands now or formerly of South Windsor Technology Center. Thence proceeding N680 21' 27" W a distance of 5.39' to a point. Said point being the northwesterly corner of lands now or formerly of South Windsor Technologies Center and the easterly Right of Way line of Patria Road. Thence proceeding N68° 21' 27" W a distance of 4.61' to a point. Said point being in the easterly Right of Way line of Patria Road and is marked by an iron pin. Thence proceeding N200 02' 16" E a distance of 227.02' along the easterly Right of Way line of Patria Road to the point and place of beginning. Said temporary grading easement is approximately 10' in width and extends along the frontage on Patria Road and across the lot or parcel owned by the Grantor herein as described above. Within said easement area above described, the Grantee shall have the right to enter and grade, re-grade and alter the slope of the area so as to accommodate the installation of sidewalks along Patria Road. Upon the acceptance of the sidewalk by the Grantee, this temporary easement shall lapse and shall become null and void. The Grantor herein reserves the right to itself, its successors and assigns, to continue to use the land within the aforesaid easement area for any uses and purposes which shall not, in any way, interfere with the use thereof by the Grantee in fulfilling the purposes for which this easement is granted. TO HAVE AND TO HOLD the above granted rights, privileges and authority unto the said Grantee, its successors and assigns, to them and their own proper use and behoof until the acceptance of the sidewalk by the Grantee and the expiration of this easement as set forth above. IN WITNESS WHEREOF, the Valley Holdings, LLC has hereunto caused to be set its hand and seal to be affixed this 3rd day of August, 2004. Signed, sealed and deliv ed in presence of: ALLEY OL G sy: David . urnett Its Member STATE OF CONNECTICUT) ) SS: South Windsor,August l b, 2004 COUNTY OF HARTFORD ) Personally Appeared DAVID R. BURNETT, as aforesaid, Signer of the foregoing Instrument, and acknowledged the same to be his free act and dpad and the free act and deed of said limited liability company, before me. 7, �2 ne C ist er Gei t Commiss'oner of the Superig Court May 24 04 "03: 07p Design ` Professionals - 860-291 -8757 p. 1 165 South Satellite Road South Windsor, CT06074 DESIGN PROFESSIONALS, INC. Telephone: (860)291 8755 Fax: (860) 291-8757 RECEIVED MAY 2 4 2004 axSOUTH WINDSOR PLANNING DEPT. To: Marcia Banach From Becky Meyer Fax: 644-7280 Pages: 1 Phone: 644-2511 x 250 Date: May 24,2004 Re: Valley Holdings,LLC application DPI Praj., N4 1915 CH Urgent Ll For Review O Please Comment 13 Please Reply ❑Please Recycle • Continents: Marcia— Peter had informed me that you had a couple of questions r,:g<irding the shed/unit proposed on the Valley Holdings site plan. Hopefully I have the answers that yo-i were seeking: The height of the proposed shed(Dutch colonial storage bui Idii ig) is 10'-2" The height of the cremation unit(to the top of the stack) is 13-f-%2' The dimensions of the concrete pad are 12.5x30'and of the bi iilding are 12'x24'. The pad is an extra 3' long so that there is sufficient loading/access space. If you have any more questions or if this is not the info that liou needed please call. Thank you, Becky Meyer Y Project Engineer DESIGN PROFESSIONALS, INC. I1/1 civil engineers ♦ planners ♦ surveyors landscape architects ♦ gis ♦ gps J U N n 7 N 04 SOUTH WINDSOR PI ANNING DEPT, June 7, 2004 Michele Lipe, Deputy Planning Director Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Grading Easement DPI Proj.No. 04-1915 Valley Holding, LLC Patric Road South Windsor, Connecticut Dear Ms. Lipe: Please be advised that my client,David Burnett of Valley Holdings,LLC has authorized me to inform you that he will grant, if necessary, a grading easement along his Patria Road frontage(in front of the existing development),to accommodate a proposed sidewalk within the town right of way. It is his understanding that this will have no effect on his existing signage, and that all disturbances will be repaired/restored to their original condition. Thank you. Respectfully submitted, DESIGN PROFESSIONALS INC. Cc: Dr. David Burnett Wayne Gerlt, Esq. Rebecca Meyer, Project Engineer , By: P ter R. 6emAiie, Preside t 165 South Satellite Road,South Windsor,Connecticut 06074 Tel:(860)291-8755•Fax:(860)291-8757 Email:dpicivil@aol.com 1DNI N SP4 - x F / o� 01 �V� �• O S � wC, 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 SOR-CO TELEPHONE (860) 644-2511 CERTIFIED MAIL June 14, 2004 SUN Z 4 2004 ENGINFERT y w1N�pEPTINDSOR Mr. David Burnett Valley Holdings, LLC 47 Patria Road South Windsor, CT 06074 Re: Appl#04-34P,Valley Holdings, LLC Dear Mr. Burnett: We are pleased to advise you that the Planning&Zoning Commission voted on June 8, 2004 to approve with modifications the above referenced application for a Site Plan of Development. This approval is for the construction of an animal crematorium on property located 47 Patria Road, I Zone as shown on plans prepared by Design Professionals, Inc., Job No. 1915, dated May 28, 2004 as revised. This approval is subject to the following modifications: 1. Prior to commencement of any site work, a meeting must be held with Town Staff. 2. No building permit will be issued until the final mylars have been filed in the Town Clerk's office. 3. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations. 4. Footing drains are required if the building has a basement. 5. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 6. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority. 7. If a State Traffic Commission certificate is required,no building permits will be issued until the certificate has been issued(per CGS §14-311). 8. The building street number must be included on the final plan. 9. Pavement markings must be maintained in good condition throughout the site drives and parking areas. 10. Temporary grading rights (10-foot area from the right of way) in favor of the Town of South Windsor, to construct the sidewalk within the Patria Road right of way. Black and white transparent mylars of Sheet#2 with the above modifications, together with three blueprint copies of the entire set of plans must be submitted to this Commission within 30 days to be stamped and signed. The letters of approval of this Commission as well as the Inland Wetlands Agency/Conservation Commission must be reproduced on the mylars. After the mylars have been signed by the Commission,they will be returned to you for filing in the Office of the Town Clerk. After filing these plans, a copy of the receipt must be submitted to the Planning Department. Sincerely, C�4 fj U—P Timothy H. Wentzell, Chairman Planning and Zoning Commission THW/kak cc: Town Engineer Chief Building Official �''� Assessor paey L tc, Superintendent of Pollution Control U)tt C OV),7 W 12- -sh d;C/d s Fire Marshal - Design Professionals, Inc. �A%" % ' 1 /D &i�-f a TOWN OF SOUTH WINDSOR STAFF SITE CHANGE FOR SITE & SUBDIVISION GENERAL: CHANGE ORDER CONTACT PERSON j k\1 WWI( Phone No. A a Address I I'A :sue�� all 'suif�'I 11 Site Name P&Z No. ,., - A4 P Owner �� Phone No. 'T .._,o - Contractor Signature of Owner Dater L 3 Signature of Design ngr. Date: CHANGE: (Describe location and nature of change. Include Four (4 ) copies of plan/profile of Change. ) N va Mom Reason for Change: (Why is change required) ri) ni iyirk, adds:Lijal exer6se aXe-a fir a � rnr�l`> �'� 1n APPROVALS: (As Required) A`>Vir. Of Planning. Date: �� Town Engineer Date: Dir. of Public. Works Date: Other: Date: STAFF COMMENTS: White Town Engineer Yellow - Applicant Pink - Director of Planning Goldenrod - Engineering Department CONSERVATION EASEMENT AGREEMENT THIS AGREEMENT made this�day of , 2004, by and between VALLEY HOLDINGS, LLC of the Town of South Windsor County of Hartford, and State of Connecticut, hereinafter called "GRANTOR", and the TOWN OF SOUTH WINDSOR, a municipal corporation having its territorial limits within the County of Hartford, and State of Connecticut, hereinafter called"GRANTEE"; WITNESSETH WHEREAS, the Grantor is the owner of real property, hereinafter described, situated in the Town of South Windsor, County of Hartford, and State of Connecticut, which Grantee, acting through its Inland Wetlands Agency, and/or Planning and Zoning Commission and/or Town Council, has determined would be in the public interest to retain, maintain and conserve in its natural state; and WHEREAS, the Grantee has determined that the maintenance and conservation of the said property of the Grantor can best be accomplished by the securing by Grantee of a conservation easement over, across, and upon the said property of Grantor; and WHEREAS, the Grantor is willing, in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, to grant to said Grantee the easement and covenants as hereinafter expressed concerning said property, thereby providing for its maintenance and conservation. NOW THEREFORE, said Grantor does hereby give, grant, bargain, sell and confirm unto said Grantee, its successors and assigns forever, the right, privilege and authority as a Conservation Easement Agreement perpetually to preserve, protect, limit, conserve and maintain the land hereinafter described in its present natural condition. All covenants contained herein are deemed to run with the land. Said premises subject to this Conservation Easement Agreement, hereinafter called the "CONSERVATION EASEMENT AREA"are described as follows: A Conservation Easement in favor of the Town of South Windsor located on a certain Parcel located in the Town of South Windsor, in the County of Hartford, in the State of Connecticut; being more particularly described as follows: Beginning at a point, said point being depicted on a map entitled: "Land to be conveyed from South Windsor Technologies Center, LLC to David Burnett Patria Road South Windsor, Connecticut Property Survey/Resurvey Conveyance Map Design: DMG Drawn: DMG Checked: RPM/PRD Job No.: 1253 Date: 8/5/02 Drawing No.: JOBS/1253/1253CONV.DWG Scale: 1"=40' ci%e%ddiancircilcsiam/camwsotc/BomcllEuremcmParc IA/Conwn:nionEascu c I1 - 1 - Design Professionals, Inc. Civil Engineers • Planners • Surveyors 165 South Satellite Road, South Windsor, Connecticut 06074" Said point being at the northeast corner of Parcel A and the southeast corner of Parcel B and the westerly line of lands now or formerly of Raymond L. & Clara M. Hawkes as depicted on said map. Said point being the northeast corner of Conservation Easement and the point and place of beginning. Thence proceeding: South 211 19' 19" W a distance of 32.91' along the lands now or formerly of Raymond L. & Clara M. Hawkes to a point. Thence Proceeding: North 68° 21' 27" West a distance of 195.11' to a point. Said point being on the easterly line of lands now or formerly of David Burnett. Thence Proceeding: North 20' 011 16" East a distance of 32.74' along the lands now or formerly of David Burnett to a point. Said point being the northeast corner of lands now or formerly of David Burnett and the southeast corner of lands now or formerly of Dynamic Materials and the southwest corner of said Parcel B. Thence Proceeding: South 68° 24' 46" East a distance of 195.85' along the lands of said Parcel B to the point and place of beginning. Conservation Easement contains 6400 square feet or 0.2 acre. Said CONSERVATION EASEMENT AREA is delineated on the following map filed on the South Windsor Land Records: Land to be conveyed from South Windsor Technologies Center, LLC to David Burnett Patria Road South Windsor, Connecticut Property Survey/Resurvey Conveyance Map Design: DMG Drawn: DMG Checked: RPM/PRD Job No.: 1253 Date: 8/5/02 Drawing No.: JOBS/1253/1253CONV.DWG Scale: 1"=40' Design Professionals, Inc. Civil Engineers • Planners • Surveyors 165 South Satellite Road, South Windsor, Connecticut 06074" Said CONSERVATION EASEMENT AREA is being set aside pursuant to the request of the Town of South Windsor. G.wdi;meirealcstaelcaronism/BomcttEasenuntParcclNConsenanonEascmem I j.doc The grant of this easement does not in any way grant to the public the right to enter upon said CONSERVATION EASEMENT AREA for any purpose whatsoever unless stated specifically in this Conservation Easement Agreement. COVENANTS Grantor covenants and agrees to prohibit and refrain from the following activities under, over, or upon the CONSERVATION EASEMENT AREA: 1. No buildings, camping accommodations, play equipment or vehicles of any type, or mobile homes shall be placed or erected in the CONSERVATION EASEMENT AREA. Fences are prohibited unless approved through EXCEPTIONS procedure, as described below. 2. No signs, billboards or other such advertising materials or structures of any kind or nature will be placed or erected upon, below or above the CONSERVATION EASEMENT AREA. 3. The topography of the landscape of the CONSERVATION EASEMENT AREA shall be maintained in its present condition, and no topographic changes shall be made. Topographic changes shall include, without exclusion, cutting of trees (except as may be required by good tree husbandry and maintenance after receiving written approval of the Grantee), filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rocks, or minerals, alteration of natural or existing watercourses or drainage, or the construction and installation of roads, driveways or utilities. 4. There shall be no use of pesticides, poisons, biocides or fertilizers, draining of wetlands, burning or disturbance or change in the natural habitat of the CONSERVATION EASEMENT AREA. 5. There shall be no manipulation or alteration of natural watercourses, lakeshores, marshes or other water bodies, nor shall any uses or activities in the CONSERVATION EASEMENT AREA be permitted which could be detrimental to water purity or to any vegetative, wildlife or hydrological function. 6. There shall be no operation of vehicles, snowmobiles, dune buggies, motorcycles, mini- bikes, go-carts, all-terrain vehicles or any other type of motorized vehicle in the CONSERVATION EASEMENT AREA. 7. There shall be no dumping, no filling or placing of trash, ashes, leaves, waste, rubbish, garbage or junk in the CONSERVATION EASEMENT AREA. In the event that such materials are placed in the CONSERVATION EASEMENT AREA, the Grantor, upon notice from the Grantee, will remove said materials within 30 days of such notice. 8. There shall be no storage or placement of any equipment, natural or man-made materials or substances in the CONSERVATION EASEMENT AREA. The Grantee, or its successors or assigns, does not waive or forfeit the right to take action as may be necessary or required in order to ensure compliance with said covenants and/or the dttir/diane/realatatel aron/stic/BumettEaummtFar WConn atmttEawmcniIIJ.dm - 3 - purposes for which this Conservation Easement was granted. It is the responsibility of the property owner to be fully aware of all the conditions contained in the Conservation Easement Agreement as expressed herein. The Town of South Windsor will vigorously enforce the conditions established herein. EXCEPTIONS The Grantor with the written consent of the Grantee, acting by and through the [Town agency which accepted this Conservation Easement on behalf of the Grantee] may enter upon the CONSERVATION EASEMENT AREA to conduct the following activities: 1. Removal of debris, dead trees or brush for the purpose of promoting safety; 2. Pruning and thinning of live trees and brush for the purpose of promoting safety and aesthetic quality, or restoration of natural balance including the removal of exotic species; 3. Planting of trees, shrubs or other vegetation for the purpose of enhancing wildlife or aesthetic quality. Grantee's approval for exempted activities may be withheld only upon a reasonable determination by the Grantee that the action as proposed would be inconsistent with the purpose of this Conservation Easement Agreement. Consideration shall be given to the manner in which such activity is to be undertaken to ensure there is no detrimental impact to the natural character of the land. In addition, the wildlife value of brush and dead trees to be removed shall be considered and weighed against the purpose of the request. The above procedure shall not abrogate the requirement to acquire any permits required by local, state or federal law. Before commencement of any site work in the CONSERVATION EASEMENT AREA, the Grantor shall mark the boundaries of the CONSERVATION EASEMENT AREA with wooden stakes. Such stakes shall be located at the endpoints of the boundary and at each change of boundary direction. The endpoints of the boundary shall be permanently marked with merestones. ACCEPTANCE OF EASEMENT Acceptance of this Conservation Easement Agreement by the Grantee shall be evidenced by an affirmative vote of the [South Windsor Planning and Zoning Commission or the South Windsor Inland Wetlands Agency or the South Windsor Town Council] in accordance with the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances. c/trsc/diandrealestaidh mn/sssic/BumettEaumenIPit cWConscn,ationEas inentI I JAK _4 _ LIMITATION ON RIGHT TO AMEND If circumstances arise under which an amendment to or modification of this Conservation Easement Agreement would be appropriate, Grantor and Grantee may jointly amend this Agreement by following the procedure outlined in the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances. RELEASE OF EASEMENT If said CONSERVATION EASEMENT AREA, or any part thereof, shall be taken by condemnation, or release of the CONSERVATION EASEMENT.AREA has been requested, then the procedures outlined in the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances must be followed. IDENTIFICATION AND INSPECTION OF CONSERVATION EASEMENT AREA The Grantor further covenants and agrees as follows: 1. The Grantor shall cause to be installed and maintained, merestones identifying the boundaries of the CONSERVATION EASEMENT AREA. 2. The Grantor hereby grants the Grantee the right to access the property for the purpose of maintaining markers identifying the boundaries of the CONSERVATION EASEMENT AREA. 3. The Grantor hereby grants the Grantee, upon reasonable notice, the right to have a representative of the Town inspect the CONSERVATION EASEMENT AREA to determine if the Grantor, its successors and assigns, are complying with the covenants and purposes of this Agreement. 4. The Grantee may enforce this Agreement by proceeding in law or in equity, including but not limited to the right to require the restoration of the CONSERVATION EASEMENT AREA to the condition at the time of this Agreement. Any costs incurred by Grantee in enforcing the terms of this Agreement against any violator including without limitation, costs of suit and attorney's fees, shall be borne by the violator. FINDING OF VIOLATION 1. If the Grantor is found by the Grantee, or its successor to have violated the terms of this Easement or Agreement, the Grantor agrees, among other things, to cease and desist from any activity violating the terms of this Conservation Easement Agreement, and further agrees to restore the CONSERVATION EASEMENT AREAS as closely as possible to their natural state. Such restoration shall include but is not limited to: a) replanting with trees, shrubs or other appropriate vegetation acceptable to the Grantee; ae../dianctrealestate/caroNstu/BumcttEascmentPmceWConscrcationEasememIIJ.doc _ _ b) removal of any debris, trash, garbage, ashes, waste, rubbish, silt, unsightly or offensive material; c) removal of any unauthorized buildings, signs, billboards or other advertising, or other structures on or above ground; d) emplacement and maintenance of erosion controls; e) Restoration shall be at the expense of Grantor and in accordance with plans developed by a qualified professional such as a landscape architect and/or professional engineer, and approved by the Grantee or its successor. 2. If the Grantor is found to have violated a Conservation Easement Agreement, the Grantee, or its successor, may exercise its discretion in accordance with the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances, to levy a daily fine following notification to the Grantor of a Finding of Violation, and proceeding until full restoration has been achieved and certified by the appropriate Town Agency. The foregoing Conservation Easement Agreement shall be permanent and binding upon the Grantor and its heirs, successors and assigns, except as herein before set forth, and inure to the benefit of Grantee, its successors and assigns. TO HAVE AND TO HOLD the above-granted rights, privilege or authority unto said Grantee, its successors and assigns forever, to its and their own proper use and behoof. IN WITNESS WHEREOF, the Grantor has hereunto set or caused to be set his hand and seal the day and year first aforementioned. Signed, Sealed and D livered In the Presenc GRANTEE V LLEY OLDI GS, L L.S. GRANTEE-TOWN OF SOUTH WINDSOR Town Manager Matthew B. Galligan uewrdiane/realesmtdcaroNstge/BumettEaumentPa a tA/Conun:uimtEimmentIII doc - 6 - STATE OF CONNECTICUT) )ss: South Windsor , 2004 COUNTY OF HARTFORD) Personally appeared, Member of Valley Holdings, LLC signer and sealer of the foregoing instrument and ac owiedged the same his free act and deed and the free act and deed of said company, before me. Commis ner of S perior Court STATE OF CONNECTICUT) )ss: South Windsor , 2004 COUNTY OF HARTFORD) Personally appeared, MATTHEW B. GALLIGAN, signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed as such Town Manager, before me. Commissioner of Superior Court Notary Public Uwsr/dfane/realestatelcaroNseic/BumettEuesemenlParceWConse�auonEasemenlI l J.doc — _ STREET TREE EASEMENT This Street Tree Easement made this day of 2004, by and between VALLEY HOLDINGS, LL , a Connecticut limit d liability company with offices in the Town of South Windsor, County of Hartford and State of Connecticut, hereinafter called "GRANTOR" and the TOWN OF SOUTH WINDSOR, municipal corporation having its territorial limits within the County of Hartford and State of Connecticut, hereinafter called "GRANTEE". WITNESSETH: WHEREAS, the GRANTOR is the owner of real property, hereinafter described, situated on Patria Road, Parcel A, in the Town of South Windsor, County of Hartford and State of Connecticut; and WHEREAS, the GRANTEE, acting through its appropriate municipal agencies, has determined that it would be in the public interest to retain a Street Tree Easement on a portion of the premises of the GRANTOR; and WHEREAS, the GRANTEE, acting through its appropriate municipal agencies, has determined that the landscaping of said property can best be accomplished by the securing by the GRANTEE of a street tree easement over, across and upon the said property of the GRANTOR; and WHEREAS, the GRANTOR is willing, in consideration of the need to provide for the street tree easement, to grant to the said GRANTEE, the easement hereinafter expressed concerning said property, thereby providing for the continuation of said premises as a street tree easement; and WHEREAS, the GRANTOR may convey the property described herein to certain purchasers subject to this street tree easement and by granting said street tree easement to the GRANTEE shall not change the character of private ownership of said property and the public shall have no right to enter upon same. NOW, THEREFORE, the said GRANTOR does hereby give, grant, bargain and confirm unto the said GRANTEE, its successors and assigns forever the right, privilege and authority as a street tree easement and restriction, to plant and perpetually preserve, street trees in their present condition a to belt along the streets as shown on a map entitled "Land to be conveyed from South Windsor Technologies Center, LLC to David Burnett Patria Road South Windsor, Connecticut Property Survey/Resurvey Conveyance Map Design: DMG Drawn: DMG Checked: RPM/PRD Job No.: 1253 Date: 8/5/02 - 1 - cAtir/diane/miestate/caroNsxicBumettEasementPamc[A/StmiT=EasementI I j.dm Drawing No.: JOBS/1253/1253CONV.DWG Scale: 1"=40' Design Professionals, Inc. Civil Engineers • Planners • Surveyors 165 South Satellite Road, South Windsor, Connecticut 06074" THE GRANTOR FURTHER COVENANTS AND AGREES: 1. To maintain said tree belt; and 2. To prohibit and refrain from the following operations, unless prior written consent is obtained from the GRANTEE, acting through its appropriate municipal agency or successor, on the premises conveyed herein: a. the construction or placing of buildings, structures, roads, signs or fence; b. the dumping or placing of soil, leaves and yard wastes, etc., or other substances or materials as landfill or dumping or placing of trash, ashes, waste, rubbish, junk, garbage or unsightly or offensive materials; C. the excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance; d. the removal or destruction of street trees. The GRANTOR reserves unto itself, its heirs, successors, and assigns the right to continue to use the property subject to said Street Tree Easement for all purposes not inconsistent with the terms hereof. The grant of the Street Tree Easement shall in no way grant anyone other than the parties hereto the right to enter upon the property subject to the easement. The GRANTEE, or its lawful agents, may enter the property for the purpose of inspection and ensuring that the terms hereof are properly enforced. The foregoing Street Tree Easement shall be permanent and shall be binding upon the GRANTOR and its heirs, successors and assigns, and shall insure to the benefit of the GRANTEE, its successors and assigns. TO HAVE AND TO HOLD the above granted rights, privileges or authority unto the said GRANTEE, its successors and assigns forever, to its and their own proper use. -2- UArrr/diandrealestate/camNseic/BumettEasementPar IA/SircclT=EasementI I I.da IN WITNESS WHEREOF, VALLEY HOLDINGS, LLC, has caused these presents to be signed by its Member this -- day of —VtA #!3 2004. V,Ws ZV :EYJOLDINGS' LLC wa7 %77' Memb STATE OF CONNECTICUT} } ss. , 2004 COUNTY OF HARTFORD } A7-� Personally appeared 71vin /� (f)��^t��,r� Member of VALLEY HOLDINGS, LLC, Signer and Sealer of the foregoing instrument and acknowledged the same to be his free act and deed�aqeAe free act and deed of said company, before me. Commis oner of the Super Court Notary Public Witness Town Manager Dated -3 - c/wic/diane/realutale/camp m%ivBumellEaumenlParcclA/SimiTrmEawnientI l J.dm CONSERVATION EASEMENT AGREEMENT THIS AGREEMENT made this day of 2004, by and between VALLEY HOLDINGS,LLC of the Town of South Win sor, County of Hartford, and State of Connecticut, hereinafter called "GRANTOR", and the TOWN OF SOUTH WINDSOR, a municipal corporation having its territorial limits within the County of Hartford, and State of Connecticut, hereinafter called"GRANTEE"; WITNESSETH WHEREAS, the Grantor is the owner of real property, hereinafter described, situated in the Town of South Windsor, County of Hartford, and State of Connecticut, which Grantee, acting through its Inland Wetlands Agency, and/or Planning and Zoning Commission and/or Town Council, has determined would be in the public interest to retain, maintain and conserve in its natural state; and WHEREAS, the Grantee has determined that the maintenance and conservation of the said property of the Grantor can best be accomplished by the securing by Grantee of a conservation easement over, across, and upon the said property of Grantor; and WHEREAS, the Grantor is willing, in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, to grant to said Grantee the easement and covenants as hereinafter expressed concerning said property, thereby providing for its maintenance and conservation. NOW THEREFORE, said Grantor does hereby give, grant, bargain, sell and confirm unto said Grantee, its successors and assigns forever, the right, privilege and authority as a Conservation Easement Agreement perpetually to preserve, protect, limit, conserve and maintain the land hereinafter described in its present natural condition. All covenants contained herein are deemed to run with the land. Said premises subject to this Conservation Easement Agreement, hereinafter called the "CONSERVATION EASEMENT AREA"are described as follows: A Conservation Easement in Favor of the Town of South Windsor located on a certain Parcel located in the Town of South Windsor, in the County of Hartford, in the State of Connecticut; being more particularly described as follows: Beginning at a point, said point being depicted on a map entitled: "Land to be conveyed from South Windsor Technologies Center, LLC to David Burnett Patria Road South Windsor, Connecticut Property Survey/Resurvey Conveyance Map Design: DMG Drawn: DMG Checked: RPM/PRD Job No.: 1253 Date: 8/5/02 Drawing No.: JOBS/1253/1253CONV.DWG Scale: 1"=40' Design Professionals, Inc. Unlr/dianetrealmmtdwmWm%lNBumettEasom=tParc IA/ConsemationEasemem[21.dm _ 1 _ 1 Civil Engineers • Planners • Surveyors 165 South Satellite Road, South Windsor, Connecticut 06074" Said point being on the westerly line of Lands now or formerly of Raymond L. & Clara M. Hawkes and the southeasterly corner of Parcel A as depicted on said map. Thence proceeding South 62' 23' 55" West a distance of 98.04' along the southerly line of Lands now or formerly of said Parcel A and the northerly line of lands now or formerly of South Windsor Technologies Center, LLC to the point and place of beginning. Thence Proceeding: South 620 23' 55" West a distance of 21.34' along the westerly line of lands now or formerly of South Windsor Technologies Center, LLC to a point. Thence Proceeding: North 10'27' 53" West a distance of 19.10, to a point. Thence Proceeding: South 680 19' 29" East a distance of 24.04' to the Point and Place of Beginning. Conservation easement contains 200 square feet. Said CONSERVATION EASEMENT AREA is delineated on the following map filed on the South Windsor Land Records: 'Land to be conveyed from South Windsor Technologies Center, LLC to David Burnett Patria Road South Windsor, Connecticut Property P Y Survey/Resurvey Conveyance Map Design: DMG Drawn: DMG Checked: RPM/PRD Job No.: 1253 Date: 8/5/02 Drawing No.: JOBS/1253/1253CONV.DWG Scale: 1"=40' Design Professionals, Inc. Civil Engineers • Planners • Surveyors 165 South Satellite Road, South Windsor, Connecticut 06074" Said CONSERVATION EASEMENT AREA is being set aside pursuant to the request of the Town of South Windsor. The grant of this easement does not in any way grant to the public the right to enter upon said CONSERVATION EASEMENT AREA for any purpose whatsoever unless stated specifically in this Conservation Easement Agreement. COVENANTS Grantor covenants and agrees to prohibit and refrain from the following activities under, over, or upon the CONSERVATION EASEMENT AREA: dine/diane/realmtate/wmWmilc/BumettEawmentPa IA/ConsenationEa meN121.dm _ _ 1. No buildings, camping accommodations, play equipment or vehicles of any type, or mobile homes shall be placed or erected in the CONSERVATION EASEMENT AREA. Fences are prohibited unless approved through EXCEPTIONS procedure, as described below. 2. No signs, billboards or other such advertising materials or structures of any kind or nature will be placed or erected upon, below or above the CONSERVATION EASEMENT AREA. 3. The topography of the landscape of the CONSERVATION EASEMENT AREA shall be maintained in its present condition, and no topographic changes shall be made. Topographic changes shall include, without exclusion, cutting of trees (except as may be required by good tree husbandry and maintenance after receiving written approval of the Grantee), filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rocks, or minerals, alteration of natural or existing watercourses or drainage, or the construction and installation of roads, driveways or utilities. 4. There shall be no use of pesticides, poisons, biocides or fertilizers, draining of wetlands, burning or disturbance or change in the natural habitat of the CONSERVATION EASEMENT AREA. 5. There shall be no manipulation or alteration of natural watercourses, lakeshores, marshes or other water bodies, nor shall any uses or activities in the CONSERVATION EASEMENT AREA be permitted which could be detrimental to water purity or to any vegetative, wildlife or hydrological function. 6. There shall be no operation of vehicles, snowmobiles, dune buggies, motorcycles, mini- bikes, go-carts, all-terrain vehicles or any other type of motorized vehicle in the CONSERVATION EASEMENT AREA. 7. There shall be no dumping, no filling or placing of trash, ashes, leaves, waste, rubbish, garbage or junk in the CONSERVATION EASEME NT AREA. In the event t that such materials are placed in the CONSERVATION EASEMENT AREA the Gran tor, upon notice from the Grantee, will remove said materials within 30 days of such notice. 8. There shall be no storage or placement of any equipment, natural or man-made materials or substances in the CONSERVATION EASEMENT AREA. The Grantee, or its successors or assigns, does not waive or forfeit the right to take action as may be necessary or required in order to ensure compliance with said covenants and/or the purposes for which this Conservation Easement was anted. . . . pIP granted. It is the responsibility of� the r p y property owner to be full aware of all the conditions bons contained in the Conse rvation Easement Agreement as expressed herein. The Town of South Windsor will vigorously enforce the conditions established herein. EXC EPTIONS ONS The Grantor with the written consent of the Grantee, acting by and through the [Town agency which accepted this Conservation Easement on behalf of the Grantee] may enter upon the Y p CA"v/dianUrealwatdwroNsrlcBumUlEame tPa tA/CommationEamment[2[,doc - 3 - CONSERVATION EASEMENT AREA to conduct the following activities: l. Removal of debris, dead trees or brush for the purpose of promoting safety; 2. Pruning and thinning of live trees and brush for the purpose of promoting safety and aesthetic quality, or restoration of natural balance including, the removal of exotic species; 3. Planting of trees, shrubs or other vegetation for the purpose of enhancing wildlife or aesthetic quality. Grantee's approval for exempted activities may be withheld only upon a reasonable determination by the Grantee that the action as proposed would be inconsistent with the purpose of this Conservation Easement Agreement. Consideration shall be given to the manner in which such activity is to be undertaken to ensure there is no detrimental impact to the natural character of the land. In addition, the wildlife value of brush and dead trees to be removed shall be considered and weighed against the purpose of the request. The above procedure shall not abrogate the requirement to acquire any permits required by local, state or federal law. Before commencement of any site work in the CONSERVATION EASEMENT AREA, the Grantor shall mark the boundaries of the CONSERVATION EASEMENT AREA with wooden stakes. Such stakes shall be located at the endpoints of the boundary and at each change of boundary direction. The endpoints of the boundary shall be permanently marked with merestones. ACCEPTANCE OF EASEMENT Acceptance of this Conservation Easement Agreement by the Grantee shall be evidenced by an affirmative vote of the [South Windsor Planning and Zoning Commission or the South Windsor Inland Wetlands Agency or the South Windsor Town Council] in accordance with the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances. LIMITATION ON RIGHT TO AMEND If circumstances arise under which an amendment to or modification of this Conservation Easement Agreement would be appropriate, Grantor and Grantee may jointly amend this Agreement by following the procedure outlined in the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances. RELEASE OF EASEMENT If said CONSERVATION EASEMENT AREA, or any part thereof, shall be taken by Ut%iv/diane/nalmmietc mn/svtcBumetffa mmtP--]A/C--olationE—Mnt[21.dm _ 4 _ condemnation, or release of the CONSERVATION EASEMENT AREA has been requested, then the procedures outlined in the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances must be followed. IDENTIFICATION AND INSPECTION OF CONSERVATION EASEMENT AREA The Grantor further covenants and agrees as follows: 1. The Grantor shall cause to be installed and maintained mereston es identifying the boundaries of the CONSERVATION EASEMENT AREA. 2. The Grantor hereby grants the Grantee the right to access the property for the purpose of maintaining markers identifying the boundaries of the CONSERVATION EASEMENT AREA. 3. The Grantor hereby grants the Grantee, upon reasonable notice, the right to have a representative of the Town inspect the CONSERVATIO N EASEMENT AREA to determine if the Grantor, its successors and assigns, are complying with the covenants and purposes of this Agreement. 4. The Grantee may enforce this Agreement by proceeding in law or in equity, including but not limited to the right to require the restoration of the CONSERVATION EASEMENT AREA to the condition at the time of this Agreement. Any costs incurred by Grantee in enforcing the terms of this Agreement against any violator including without limitation, costs of suit and attorney's fees, shall be borne by the violator. FINDING OF VIOLATION 1. If the Grantor is found by the Grantee, or its successor to have violated the terms of this Easement or Agreement, the Grantor agrees, among other things, to cease and desist from any activity violating the terms of this Conservation Easement Agreement, and further agrees to restore the CONSERVATION EASEMENT AREAS as closely as possible to their natural state. Such restoration shall include but is not limited to: a) replanting with trees, shrubs or other appropriate vegetation acceptable to the Grantee; b) removal of any debris, trash, garbage, ashes, waste, rubbish, silt, unsightly or offensive material; c) removal of any unauthorized buildings, signs, billboards or other advertising, or other structures on or above ground; d) emplacement and maintenance of erosion controls; chiiv/dianehealc=tel a n/mIldBumnlF.asem ft=IA/CO=MtimEas M12).dw _ _ e) Restoration shall be at the expense of Grantor and in accordance with plans developed by a qualified professional such as a landscape architect and/or professional engineer, and approved by the Grantee or its successor. 2. If the Grantor is found to have violated a Conservation Easement Agreement, the Grantee, or its successor, may exercise its discretion in accordance with the Town's Conservation Easement Ordinance, which is Section 164 of the'South Windsor Code of Ordinances, to levy a daily fine following notification to the Grantor of a Finding of Violation, and proceeding until full restoration has been achieved and certified by the appropriate Town Agency. The foregoing Conservation Easement Agreement shall be permanent and binding upon the Grantor and its heirs, successors and assigns, except as herein before set forth, and inure to the benefit of Grantee, its successors and assigns. TO HAVE AND TO HOLD the above- granted rights, privilege or authority unto said Grantee, its successors and assigns forever, to its and their own proper use and behoo£ IN WITNESS WHEREOF, the Grantor has hereunto set or caused to be set his hand and seal the day and year first aforementioned. Signed, Sealed and Delivered In the Prese c GRANTE : VALLEY OLD S,L d 0 By: Alk �rr- Jr L.S. GRANTEE-TOWN OF SOUTH WINDSOR Town Manager Matthew B. Galligan clmv/dianehealestateimon/nae/BumettEasementPum[A/ConnmationFasement[21.dm — 6 — STATE OF CONNECTICUT) )ss: South Windsor , 2004 COUNTY OF HARTFORD) Personally appeared, ��{� /? ,3�r a Member of Valley Holdings, LLC signer and sealer of the foregoing instrument and acknowledged the sam be his free act and deed and the free act and deed of said company, before me. Commi oner of uperior Court —Notary pubfic STATE OF CONNECTICUT) )ss: South Windsor , 2004 COUNTY OF HARTFORD) Personally appeared, MATTHEW B. GALLIGAN, signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed as such Town Manager, before me. Commissioner of Superior Court Notary Public c/xw/diandRaleslale/caroNsx1NBumU�EaumrnlParalA/ConservationFaxment[2[.dce � 7 SLOPE RIGHTS EASEMENT This Slope Rights Easement made this -� day of , 2004 by and between VALLEY HOLDINGS, LLC of the Town of Sout Windsor, County of Hartford and State of Connecticut, herein after called the "GRANTOR", and SOUTH WINDSOR TECHNOLOGIES CENTER, LLC of the Town of South Windsor, County of Hartford and State of Connecticut, hereinafter called the "GRANTEE": WITNESSETH WHEREAS, The Grantor is the owner of real property, hereinafter described, situated on Patria Road, Parcel A, in the Town of South Windsor, County of Hartford and State of Connecticut; and WHEREAS, the Grantee has determined that the maintenance of said property can best be accomplished by securing by Grantee an easement for and the right to construct, replace, remove, or modify a slope in, upon, over, and across that certain real property situated in the Town of South Windsor, County of Hartford and State of Connecticut, and more particularly described as follows: A Slope Rights Easement in Favor of the South Windsor Technologies Center, LLC located on a certain Parcel located in the Town of South Windsor, in the County of Hartford, in the State of Connecticut; being more particularly described as follows: Beginning at a point, said point being depicted on a map entitled: "Land to be conveyed From South Windsor Technologies Center, LLC to David Burnett Patria Road South Windsor, Connecticut Property Survey/Resurvey Conveyance Map Design: DMG Drawn: DMG Checked: RPM/PRD Job No.: 1253 Date: 8/5/02 Drawing No.: JOBS/1253/1253CONV.DWG Design Professionals, Inc. Civil Engineers • Planners • Surveyors 165 South Satellite Road, South Windsor, Connecticut 06074 1 inch = 40 ft." Said point being the southwest corner of Parcel A on said map and the Northwest corner of lands now or formerly of South Windsor Technologies Center, LLC and the easterly Right of Way line of Patria Road, as shown on said map. Thence Proceeding: Un�/Diane/RealEstate/Camn/SWfC/Bum t[EmmentsPa IA/SlopeRighffimment.dw _ _ North 270 36' 05" West a distance of 119.05' along the easterly Right of Way line of Patria Road, as shown on said map, to a point. Thence Proceeding: In a curve to the right, said curve having a radius of 1 '70.0� g O , a central "angle of 48 59 44 and a length of curve of ' 145.3� 7 along the easterly Right of Way line of Patria Road, as shown on said map , to a point. Thence Proceeding: North 21° 23' 39" East a distance of 12.84' to a point. Said point being on the southerly line of lands now or formerly of David Burnett. Thence Proceeding: South 680 21' 27" East a distance of 20.00' along the lands now or formerly of David Burnett to a point. Thence Proceeding: South 21° 23' 39" West a distance of 12.76' to a point. Thence Proceeding: In a curve to the left, said curve having a radius of 150.00', a central angle of 48° 59' 44" and a length of 128.27' to a point. Thence Proceeding: South 270 36' 05" East a distance of 119.05' to a point. Thence Proceeding: South 62° 23' 55" West a distance of 20.00' to the Point and Place of Beginning. Said Slope Rights Easement contains 5400 square feet or 0.1 acre. TOGETHER with the right to enter upon and to pass and repass over and along said easement and to deposit tools, implements and other materials thereon by Grantee, its officers, agents, and employees and by any contractor, his agents, and employees engaged by Grantee, whenever and wherever necessary for the purposes set forth above. Reserving, however, to the Grantor, the continued use of the surface of said real property, subject to the condition that the erecting of buildings, masonry walls, masonry fences and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, or the installation of dnw/Diane/RealEstate/Camn/SWPC/BumettFasementsParalA IOPCRightEasemmt.dw -2 - t� privatelyowned pipelines shall be prohibited P P p bated unless written permission is first obtained from the Grantee. The Grantor reserves unto itself, its heirs, successors, and assigns the right to continue to use the property subject to said Slope Rights Easement for all purposes not inconsistent with the terms hereof. The grant of the Slope Rights Easement shall in no way grant anyone other than the parties hereto the right to enter upon the property subject to the easement. The foregoing Slope Rights Easement shall not be permanent and shall expire upon the Town of South Windsor's acceptance of Patria Road and Patria Road Extension. Until such time as Patria Road and Patria Road Extension are accepted by the Town of South Windsor, this Easement shall be binding upon the Grantor and its heirs, successors and assigns, and shall insure to the benefit of the Grantee, its successors and assigns. The Grantee, or its lawful agents, may enter the property for the purpose of inspection and ensuring that the terms hereof are properly enforced. WHEREAS, the Grantor is willing, in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, to grant to said Grantee the easement and covenants as hereinafter expressed concerning said property, thereby providing for its maintenance. TO HAVE AND TO HOLD, the above granted rights, privileges or authority unto the said Grantee, its successors and assigns forever, to its and their own property use. IN WITNESS WHEREOF, VALLEY HOLDINGS, LLC has c used these presents to be signed by its Member this n10k day of 2004. ' LEY H LDINGS, LLC w� Grt t 7' By: - Memb SOUTH WINDSOR TECHNOLOGIES CENTER, LLC By: David A. Caron, Member derv/Diane/Rea[&tale/Carov]SWTCBurrteilEasementsParmIA/SlopeRightEasement.dw _ — STATE OF CONNECTICUT) )ss: S�'rN�fl�bl ' , 2004 COUNTY OF HARTFORD) Personally appeared -Y0— , Member of VALLEY HOLDINGS, LLC, Signer and Sealer of the foregoing instrument and acknowledged the same to be his free act and de the free act and deed of said company, before me. Commis oner of the Super Court STATE OF CONNECTICUT) )ss: Glastonbury 2004 COUNTY OF HARTFORD) ' Personally appeared David A. Caron, Member of South Windsor Technologies Center, LLC, Signer and Sealer of the foregoing instrument and acknowledged the same to be his free act and deed and the free act and deed of said company, before me. THOMAS P. SHERIDAN Commissioner of the Super Court c/"/Diane/Rm]Estate/Camn/SWfGBumetlEasementspa=IA/SlopeRightEaum nt.doc -4 - TOWN OF SOUTH WINDSOR STAFF SITE CHANGE FOR SITE & SUBDIVISION GENERAL: CHANGE ORDER CONTACT PERSON DAVID R. BURNETT, VMD Phone No.(860) 432-0835 Address 133 MILLER ROAD, SO. WINDSOR, CT 06074 478-5313 Site Name VALLEY BOARDING KENNELS �7 (47-KC4 t ;�J P&Z No. ?�/ Owner DAVID R. BURNETT, Phone No. SEE ABOVE Contractor OWNER A ING AS .C. _. Signature of Owner _ Date: Signature of Design Engr. N/A Date: CHANGE: (Describe location and nature of cha ge. Include Four (4) copies of plan/profile o Change. ) ALL DOCUMENTS ON FILE WITH JEFF FOLGER Reason for Change: (Why is change required) SEE NARRATIVE LETTER ON FILE WITH JEFF FOLGER (COPY ATTACHED) APPROVALS: (As Required) Dir. Of Planning � Date: �- T T Town Engineer Date: Dir. of Public Works Date: Other: Date: STAFF COMMENTS: White - Town Engineer Yellow - Applicant Pink - Director of Planning Goldenrod - Engineering Department VCA Valley Animal Hospital 39 Patria Road Aninial Hospitals South Windsor, Cl 06074 Division Ot VCA Antech Inc. Tel.: (860) 528-2178 Fax: (860) 528-2061x. 15 DEC 10 To Whom It May Concern: Six years ago I applied for and was granted permission to install an animal crematorium on my premises @ 47 Patria Rd. The permit was granted to David r. Burnett, VMD dba Valley Holdings, LLC. What started out as a low key operation servicing only ourselves and one other local veterinary hospital has been gradually expanding as our parent corporation VCA/Antech continues to acquire practices in the greater Hartford area . At this point in time we are operating close to maximum capacity wh-Ile looking at a need to repair the refractory lining of our six year old unit. Since a rapid turnaround is often essential for grieving pet owners, down- time for inevitable repairs as mentioned as well as routine maintenance services -threatens the ability of our current operation to provide adequate aftercare services . Hence we would -like to bring on a back-up unit to preclude any compromise in our operational flow. This unit will be identical to our existing crematorium which is designed with a secondary burner to totally incinerate any pollutants from the primary burner. This engineering earned us an air quality permit from the Ct. DEP six years ago and will once again be a sine qua non this time around. In light of these facts we are hoping for appropridte town approvals at the staff level . S in c '-rely J David R. Burnett, VMD A Member of the American Animal Hospital Association