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-BOND FOR DEED
THIS AGREEMENT made and concluded this 7iSC,
day of January,
1985 , by and between Vintage Homes , Inc. , a Connecticut
corporation with offices in the Town of Glastonbury, County of
Hartford and State of Connecticut (hereinafter referred to as
"PURCHA �*-'2) a d RIC N. HOLMES and LINDA M. HOLMES of the
Town ofy� �s�.e
y of
hereinafter collectivelytreferredttorasa"SELLER" ) .nd State Connecticut
WITNESSETH, that SELLER in consideration of FIVE THOUSAND I
AND 00/100 DOLLARS ($5 ,000 .00) to him paid by PURCHASER ( the i
receipt of whereof is hereby acknowledged) and in further I
consideration of the promises of PURCHASER hereinafter contained ,
does hereby promise and agree to and with PURCHASER that
immediately upon the faithful performance of PURCHASER' S
obligations as set forth in this agreement , SELLER will on or
before the 17th day of September , 1985 make and deliver to
PURCHASER a good and sufficient warranty deed , containing the
usual covenants in such deeds contained , of certain real property
described in Exhibit A attached to and made a part of this
agreement.
THIS PURCHASE AND SALE of real estate is further subject to
the following described terms and conditions :
1 . TOTAL PRICE : The total price to be paid for subject real
estate including the deposit , but excluding any adjustments
referred to hereinafter , is $ 120 , 000 .00
2 . DEPOSIT AS EARNEST MONEY: The deposit of $5 , 000 . 00 paid by
PURCHASER to SELLER constitutes earnest money and said deposit is
at the disposal of the SELLER .
3 . ADDITIONAL DEPOSIT: None .
4 . MORTGAGE CONTINGENCY : None .
5 . MATTERS OF TITLE: SELLER shall deliver to PURCHASER a good
and marketable record title . It is further agreed that no matter
shall be construed as an encumbrance or defect in title , so long
as such matter is not so construed by the Standards of Title of
the Connecticut Bar Association and/or the Connecticut Marketable
Title Act, wherever applicable .
6 . EXCEPTIONS TO TITLE: Said premises shall be conveyed
i
i
subject only to the following :
a) Taxes on the current Grand List of the town in which the
premises are situated , which taxes the PURCHASER will assume and
agree to pay. Said taxes will be adjusted as hereinafter
provided. Purchaser will also assume and agree to pay the
existing sewer lien.
b) Building and building line restrictions , zoning
requirements and restrictions , and any ordinances and laws of the
Town or Towns where subject premises are situated , provided they
are not violated at the time of closing.
7 . ENCUMBRANCE OR TITLE DEFECT: Exclusive of the exceptions to
title set forth above , should any encumbrance or lien or any
matter which renders the title to subject premises unmarketable
be discovered prior to closing, such encumbrance , lien or similar
matter shall be corrected prior to the time of closing and if not
so corrected, PURCHASER shall have the option to :
a ) Declare this agreement null and void and be entitled to
immediately receive back all funds advanced under this agreement ,
or
b) Complete the closing and either waive his objection to
the offending item. or negotiate a monetary or other settlement in
connection with said item agreeable to himself and SELLER .
8 . ADDITIONAL TIME TO CURE DEFECT : If PURCHASER shall discover
a title defect and shall fail to give notice to SELLER of such
defect more than 30 days prior to the closing date , then SELLER
shall have an additional 60 days from the closing date to attemt
to cure said defect. p
9 . PERSONAL PROPERTY: The parties recognize that a wood stove
located in the basement shall remain the property of SELLER and
shall be removed by SELLER at the time SELLER vacates the
premises .
10 . SPECIAL CONDITION : The parties agree that if PURCHASER
notifies SELLER on or before September 17 , 1985 that PURCHASER
does not intend to purchase the property , SELLER shall retain the
$5 ,000 . 00 deposit as liquidated damages in default as provided by
Paragraph 15 .
11 . RISK OF LOSS : It is expressly agreed that until the time of
closing , the risk of loss or damage to the building or
improvements on the premises shall be assumed by SELLER . If any
— 2 —
{
loss should occur and not be restored or repaired and paid for by
the date of closing, PURCHASER shall have the option of
cancelling this contract, in which event neither the SELLER nor
PURCHASER shall thereafter have any further duties hereunder,
except that SELLER shall refund all sums paid hereunder.
12 . OCCUPANCY : SELLER shall have the right to remain in
occupancy without charge for a period of 120 days after closing,
except that SELLER shall be responsible for all utility charges
including but not limited to gas , oil, electricity, water ,
telephone .
13 . BROKER: PURCHASER represents that no agent or broker was a
procuring cause of this agreement and no agent or broker is
entitled to a commission hereunder.
14 . DEFAULT BY SELLER: Provided that PURCHASER is prepared to
close and has not breached any part of the material provisions of
this agreement, should SELLER refuse to close or be unable to
close as required by the terms of this agreement, SELLER shall be
in default and PURCHASER shall have the option to ;
a) Receive refund of all funds advanced hereunder with the
exception of any monies paid for use and occupancy of the
premises or other special expenses specifically agreed to herein
and not contingent upon the closing, or ,
b) Specifically enforce this agreement.
15 . DEFAULT BY PURCHASER: Provided that SELLER shall be ready
and able to close as required by the terms of this agreement ,
should PURCHASER fail to close as required under the terms of
this agreement and as it is difficult to ascertain damages , and
as both PURCHASER and SELLER desire to limit damages to a sum
certain, SELLER shall retain as liquidated damages all monies
paid hereunder as of the time of closing.
16 . BREACH OF OTHER PROVISIONS : Should either PURCHASER or
SELLER be in breach of a term or condition of this agreement
other than the requirement to close , and should the closing
occur , then if one party has suffered damages as a result of said
breach by the other party he shall be left to his usual remedies
at law or in equity .
17 . ADJUSTMENTS : Adjustments to date of closing shall be made
for property taxes and electric heat, in accordance with the
custom of the Bar Association of the county in which the premises
- 3 -
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are situated .
18 . LIEN: This instrument shall , in addition to conveying an
equitable interest in the premises to PURCHASER, constitute a
voluntary lien in and to the premises to the extent of the
payment of any deposit and/or additional deposit to the SELLER by
the PURCHASER.
19 . CLOSING: The closing shall take place on or before
September 17 , 1985 , at the law offices of Brady, Tamoney, Willard
& Alexander, 303 Burnside Avenue , East Hartford , Connecticut at a
mutually agreed time during the business day or at such other
location mutually agreeable to the parties .
20 . MERGER CLAUSE : It is the intent of the parties hereto that
this contract be considered as integration of all agreements and
negotiations of the parties , and shall constitute a complete and
final expression , to date , of the agreement between said SELLER
and PURCHASER.
21 . GENDER : Whenever used herein, the singular shall include
the plural , the plural the singular , and the use of any gender
shall include all genders where the context would so require .
22 . HEIRS AND ASSIGNS , ETC. , BOUND : This agreement shall bind
and inure to the benefit of the parties hereto , their respective
heirs , successors , administ-rators , executors and assigns .
23 . CAPTIONS : The captions herein are inserted only as a matter
of convenience and for reference and in no way define , limit or
describe the scope of this agreement nor the intent of any
provisions hereof .
IN CONSIDERATION WHEREOF , the said PURCHASER does hereby
promise and agree to and with the said SELLER that he will on or
before the said 17th day of September , 1985 , pay to the said
SELLER the further sum of $115 ,000 .00 in addition to the payment
already made , being the balance of the PURCHASER money hereby
agreed upon for the said tract of land in manner and form as
follows : viz : in cash , by bank draft , by certified personal check
or any combination thereof.
IN TESTIMONY WHEREOF, we have hereunto set our hands and
4 -
seals , and and to duplicate instruments of the same tenor and date at
East Hartford , Connecticut, on the day and year first above
mentioned .
Signed, Sealed and .Delivered
in the presence of: PURCHASER:
Vintage Home Inc.
Wit ss B
Its P
-J o J c4 k.tk _�2x�
Wi to s �~
S E IyL"E�
Witn ss
Richar Hol es
Witness
Lin M. Holmes
STATE OF CONNECTICUT)
ss C-a-Sr January `3l , 1985
COUNTY OF HARTFORD ) U C�
Persona11 y A p p e a r e d J
FAA-t3-
aforesaid , Signer of thas
e foregoing Instrument , and acknowledged
the same to be his free act and deed as such P��`
free act and deed of said corporation , before m and the
Commis ioner of the Superior Court
STATE OF CONNECTICUT)
) ss . January COUNTY OF HARTFORD ) 1985
Personally Appeared RICHARD N. HOLMES and LINDA M. HOLMES ,
Signers of the foregoing Instrument, and acknowl dged the same to
be their free act and deed , before me .
4COMmion r of the Superior Court
- 5 -
EXHIBIT A
All the real property of SELLER located at
1384 Ellington Road, South Windsor , Connecticut.
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�U 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
f~�SOB•c� AREA CODE 203/644-2511
June 10, 1983
Mr. Frank Mannarino
Vintage Homes, Inc.
893 Farmington Avenue
Hartford, Connecticut
Dear Mr. Mannarino:
RE: Ellington Road - Foster Road Subdivision
A brief summary of the discussion at the meeting with Alford Assoc.,
Ralph Alexander, soil conservation service concerning the Foster Road
project, as I interprets it is :
1. Plans will be prepared at 1" = 40' scale.
2. Plans will be prepared without the pond.
3. The items as indicated in the SCS Reports, as applicable, shall
be addressed.
4. The development of an erosion and sediment control plan with
stages of construction timing, etc., shall be submitted as part
of"the drawings. Specifically, the detention area, road .
construction, building construction and stock piling, etc.
5. Information on the drawings shall not be limited to the above
items and shall be subject to approval of the appropriate
commissions.
It is recommended that the revised drawing be submitted to this office
insufficient t'time to give an adequate review, perhaps in a draft form
would be appropriate.
As of this date, we do not have a copy of a signed agreement to cover the
access to Ellington Road, nor a certified copy of the stand pipe or water
level monitoring pipe results. Further review of this proposal shall
proceed after this information is on file.
If there are any questions, I can be contacted at 644-2511, extension 244.
Very truly yours,
A. Bowen Davies, Deputy Engineer
ABD/ds
cc: Diane K. Blackmdn J.E. Page, Town Engineer
William Alford, Jr. Constance Erikkson, Inland/Wetlands
Ralph Alexander, Esq.
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■ WILSON M.ALFORD,SR.,P.E.&L.S. '
■ WILSON M.ALFORD,JR.,P.E.&L.S.
200 PIGEON HILL ROAD■ P.O.BOX 484■ WINDSOR■ CONNECTICUT 06095■ Telephone(203)688-7288
OCTOBER 20, 1983
GROUND WATER LEVELS
PREPARED FOR
FRANK MANNARINO
FOSTER ROAD, SOUTH WINDSOR
DEPTH TO GROUND WATER FROM EXISTING GRADE
DATE 1/12/83 5/13/83 5/17/83 6/16/83
T.H. #1 36"-42" 36" 44"
T.H. #2 SAT. @ 14"
SEEPAGE @ 26" 12" 25"
T.H. #3 24" 3911
T.H. #4 SEEPAGE @ 14"
MOTTLES @ 2" 12" 15 1/2"
T.H. #5 NY=S @ 48" 57"
T.H. #6 PERCIED @ 30"
SEEPAGE @ 60" 31 1/2"
T.H. #7 SAT. @ SURFACE
SEEPAGE @ 9" 10"
WIT N M. ALFORD, J . ,P.E. (
• , CIVIL ENGINEERS
WINDSOR, CONNECTICUT
• WILSON M.ALFORD,SR.,P.E.&L.S.
WILSON M.ALFORD,JR.,'P.E.&L.S.
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VINTAGE HOMES SOUTH W I NDSOR DEJENT I ON BASIN WITH JUST SITE
DEi=EMBER 28, 1984
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` HEAD IN FEET ABOVE FLOW LINE ELEV. FLOW LINE OU 71 . 4
FLOW OUT IN C=FS
HEAD FLOW OUT ELEV. AREA OF CONTOUR VOLUME BELOW CONTO
0 0 71 . 4 0 0
c i. 75 12 72 1552 310
1 . 5 17 73 19440 9139
3 25 74 36576 36699
5 31 76 62712 13482O
7.5 50 BO 200000 634426
24 INCH PIPE''
DRAINAGE AREA= 45
MAX WATER:. LEVEL= 74.60 RUNOFF COEFF= 0. 4
PEAK FATE I N= 59. 40 TIME OF &ON►=:ENTRAT 35
PEAK RATE OUT= 25. 00 INTENSITY= 3.3
ANAL,YS I S IS FOR 50 YEAR STORM
PEAK FLOW IN= 59. 4
TOTAL TOTAL WATER
TIME 0 IN IN OUT STORAGE HEAD G OUT ELEV
0 0 0 0 1247 0. 7 10. 8 72. 1
7 11 . 9 2495.... . .. - 4536 -. 0 0. 0 0.0 71 . 4.
14 23.8 9979 4536 5443 1. 1 14. 0 o 72. 5
21 35. 6 22453 10416 12037 1 . 7 17. 8 73. 1
28 4745 39917 17892 22025 - 2. 0 19. 4 73. 4
35 59. 4 62370 26040 36330 2. 5 21 . 8 73.9
42 52. 4 85851. 35196 50655 2. 8 23. 4 74. 2
49 45. 4 106398 45024 61374 3. 0 24. 2 74. 4
56 38. 4 124012 55180 68824 3. 2 25. 0 74. 6
63 31 . 5 138691 6 5%0" 73003 3. 2 25. 0 74. 6
7�� 24. 5 150436 76188 74248 3. 2 25. 0 '74. 6
77 17. 5 159248 86688 72560 3. 2 25. 0 74. 6
84 10. 5 165126 97188 67939 3. 2 25. 0 74. 6
91 3. 5 168070 107688 i7688 60382 3. 0 24. 2 74. 4
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105 0. 0 168808 127680 411 S 2. 6 22. 6 74. 0
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119 0 1688s�8 145992 2816 2. 0 19. 4 73.4
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133 U 168808 161616 7192 1 . 3 15. 5 72. 7
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168 0 1.68808 171.654 0 0. 0 0. 0 71 . 4
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189 0 1(s88c)b, 171654 0 0. 0 0. 0 a 71 . 4
196 0 1.68808 171654 0 0. 0 0. 0 71 . 4
203 0 168808 171651 ... 0 0. 0 0. 0 71 . 4
210! 0 168808 171654 0 0. 0 0. 0 71 . 4
United States Soil
Department of Conservation 340 Broad St
Windsor CT 06095
Agriculture Service
Phone 688-4946
January 9, 1985
TO: Ms Amy Parker, District Manager
Hartford County Soil & Water Conservation District
FOR: Alford Associates, Inc.
200 Pigeon Hill Rd. , Windsor, CT 06095
FROM:
J. Eric Scherer, Resource Conservationist
RE: Foster Road Subdivision l)
Ellington Rd. , South Windsor CT 06074
On January 8, 1985, a plan review of Ellington Road-Foster Road Subdivision, dated
12-28-84, was made. In attendance were Wilson "Skip" Alford, Jr. and myself. The
purpose of the meeting was to review prior comments supplied by the Soil Conservation
Service to the Hartford County Soil and Water Conservation District on an earlier
review of the proposed subdivision done on April 26, 1983.
A summary of the April 26, 1983 report would include: concern over the development
of wetland soils, changing their function as wetlands; development of a pond on
site; construction of houses over existing watercourses; road crossings over wetlnads;
development of an erosion and sediment control plan along with time installation and
stages of development.
The site plan dated 12-28-84 was reviewed for all the above concerns except for the
proposed pond. The pond has been eliminated from consideration.
FINDINGS
Substantial changes have been made as to road layout and location of housing units.
The original (3-9-83 -revised 3-30-83) Wetland Plan prepared for Frank Mannarino shows
wetland areas to be disturbed. Attachment No. 1 (dated 19-85) shows a crude but
similar map of wetland areas to be disturbed, either by construction of units, roads
or yard drains. Initial observations show extensive wetland disturbance. The ini-
tial plan placed many roads outside of wetlands while the later plan proposes more
road construction within wetlands.
One added feature to the second proposal is the creation of a swamp/flood plain
area where the present watercourse is located. Figures as to how much swamp/flood
plain area is to be gained with this proposal have not been submitted. An attempt
with the second proposal will be made to recreate similar wetlands in the central
area to those lost through development (see schematic drawings sheet 5 of 5 on site
plan 12-28-84) . Although the concept is viable, more information is needed, i .e.
acreageivolume of wetland areas to be filled and acreage and volume of wetland
areas to be created.
OvThe Soil Conservation service11
Is an agency of the *44.�
united states Department of Agriculture AU S Gowrnm"t Printing OHiee:1999-A20-939/IS)8
TO: Ms Amy Parker, District Manager, HCS&WSD Page 2
FOR: Alford Associates, Inc. , Windsor January 9, 1985
FROM: J. Eric Scherer, Resource Conservationist
RE: Foster Road Subdivision, South Windsor, CT
Some consideration is being given to stormwater management. In order to be able to
determine stormwater retention of the proposed structure it will be necessary to
determine normal pool elevations, potential area available for storage, and water
control structures (i .e. inlet and outlet devices) . It is suggested that if the
Soil Conservation Service is to evaluate stormwater retention, that the hydrologic
evaluation of the site be done using the Technical Release 55 method.
As mentioned earlier, a considerable amount of wetland is proposed to be disturbed.
In addition, housing units are proposed to be constructed over existing watercourses.
Movement of natural watercourses is often difficult because of topography and soils.
Potential problems include but are not limited to: high water tables for areas where
none existed; failure to change ground water flows due natural physical features of
sites; under sizing new channels for large storm runoff events.
The second site plan proposal has extensively more road construction through and
over wetlands than the original proposal . Again the impact from this type of
construction upon wetlands is obvious.
RECOMMENDATIONS/COMMENTS
--The first recommendation is to realigne road ways so that little, if any, crossing
of wetlands is achieved. By moving road locations off of wetland soils two things
will be realized; removing the detrimental impact to wetlands by road construction
through them and decrease in cost of construction. It is 'more difficult to con-
struct roads over poorly and very poorly drained soils than well drained soils.
Attachment Na loffers a crude alternative to road construction to the proposed
one. Three, possibly four crossing in the Soil Conservation Service scheme,
would be realized.
--If roads are to be constructed according to the second proposal , special design
will be needed to prevent frost heaving and to aid road drainage.
--Because of the apparent high water table, any units that will be built within
wetland areas should be constructed with ground slabs at least 1.0 foot above
high water table marks. These high water tables should be determined by test pits
by a professional soil scientist.
--If the proposed swamp/flood plain concept is approved, detailed information should
be supplied (as mentioned earlier) to ensure proper functioning of the system. It
is recommended that present storm events and runoff be determined and that future
runoff from the site be held to these amounts.
--More durable materials should be used for temporary sediment control in channels
as opposed to the hay bales indicated. All stormwater outlet pipes should have
an approved plunge pool to reduce scouring at the outlets.
TO: Ms Amy Parker, District Manager, HCS&WSD Page 3
FOR: Alford Associate, Inc. , Windsor January 9, 1985
FROM: J. Eric Scherer, Resource Conservationist
RE: Foster Road Subdivision, South Windsor, CT
--Site plans should show location details if hay bale check dams along. major wetland
areas to be protected.
--The Construction Schedule and Notes section of sheet 5 of 5 contain some important
information on sediment and erosion control . Other control measures should be in-
cluded in addition to those listed. These include: gravel entrance/exit pads to
remove sediment from wheels of vehicles; temporary seeding of stockpiled materials;
jute netting on highly erosive channels.
I hope this review helps the Town of South Windsor in making wise land use decisions.
I will be available to assist in future evaluation for this site.
Hartford County
Soil and Water Conservation District
Agricultural Center,340 Broad St. -Windsor,CT 06095- Phone(203)688-4946
January 10, 1985
Mr. Wilson M. Alford, Jr.
Alford Associates Inc.
P 0 Box 484
Windsor CT 06095
Dear Mr. Alford
The requested review on the latest plans for the proposed Frank Mannarino
Subdivision on Foster Road (dated 12/28/84) has been completed, and the
Hartford County Soil and Water Conservation District would emphasize
the following concerns:
A detailed hydrologic study is needed which should include
present. and future stormwater calculations and drainage area
delineations.
The District would strongly recommend that final plans be
developed which impact and alter the existing wetlands. as little as
possible. It is suggested that proposed roads and housing units be
located on non-wetland soils as much as possible.
Plans in greater detail are needed regarding sedimentation and
erosion control measures and proposed grading and filling for roads
and dwellings.
The District is available to review revised plans, upon request. If you have
any questions, don't hesitate to call .
Sincerely,
1
Amy M. Parker
District Manager
Windsor
CC: A. Bowen Davies, Deputy Engineer, South Windsor
ATTACHMENT
CONSERVATION — DEVELOPMENT— SELF-GOVERNMENT
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Subscribed and sworn to, before me, this llth day of Marche 198S.
Carol Aselton, otary-P
[ My commission expires 3/31 86.
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w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR•CO AREA CODE 203/644-2511
March 19, 1985
Mr. Frank Mannarino
893 Farmington Avenue
West Hartford, Connecticut 06074 CERTIFIED MAIL
Dear Mr. Mannarino
At the March 18, 1995 meeting, the South Windsor Conservation
Commission approved your Conservation Plan with conditions pertaining
to Application No. 308 for property located on the north side of
Ellington Road, east side of Foster Road, South Windsor, Connecticut.
The following conditions must be adhered to for this approval to be
valid:
1. Every efforst shall be provided to maintain the natural characteristics
of the land in regards to sink holes and tree density in areas other than
area of actual construction.
2. Stockpiling shall be done within phase limits.
3. Letter of credit or cash bond in the amount of $15,000 shall be submitted
prior to any excavation.
Very truly yours,
ohn Moran, Jr., Chai
CONSERVATION COMMISS
JM/se TOWN OF SOUTH WINDSOR
cc: Robert F. Gilligan, PZC
A. B. Davies, Deputy Town Engineer
Jacqueline J. Smith, Town Clerk
Wilson M. Alford, Sr., PE
pow" $F4
O H 1 ' 0-le s-C� �•
o w
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
r'dsoR-CO AREA CODE 203/644-2511
April 16, 1985
Mr. Frank Mannarino
893 Farmington Avenue
West Hartford, Connecticut 06074 CERTIFIED MAIL
Dear Mr. Mannarino:
At the April 15, 1985 meeting, the South Windsor Inland
Wetl nds Agency denied without prejudice your Application
o. 308 ertaining to property located on the north side
,of Ellington Road, east side of Foster Road, South Windsor,
Connecticut. The Agency felt that this project would impose
too great of an impact on the wetlands involved.
If you have any questions in regards to this matter,
please contact the IWA office.
Very truly yours,
?John Moran, Jr. , irman
INLAND WETLANDS AGENCY
JM/se TOWN OF SOUTH WINDSOR
cc : Wilson M. Alford, Sr. PE
A. B. Davies, Deputy Town Engineer
Jacqueline J. Smith, Town Clerk
Richard J. Sartor, Town Manager
Richard Ryan, Deputy Mayor
Robert Gilligan, Chairman PZC
Thomas D'Auria , Building Official
Peter DeMallie, Director of Planning
Kenneth Brill, Chairman EDC