HomeMy WebLinkAbout06-29P Sp Ex/Subdivision TOWN OF SOUTH WINDSOR
PLANNING& ZONING COMMISSION
APPLICATION FORM R.E '(
Application No: MAY 17 2006
Official Receipt Date: / �2t3) ) o
Receipt No: e-r-- �— SOUTH,!A lilr)SOR PC,: i!G DEPh
APPLICANT: Craig Douglas Nation
PROJECT NAME:
ADDRESS: 200 Sullivan Ave, South Windsor, CT 06074
OWNER OF RECORD ON LAND RECORDS: Craig Douglas Nation
ADDRESS: 200 Sullivan Ave, South Windsor, CT 06074
COMPLETE LOCATION OF PROPERTY: 250 Smith Street
ASSESSOR'S MAP# M� PARCEL# (a ZONE R?,,
NAME,ADDRESS, TEL&FAX#OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
Design Professionals,Inc., 165 South Satellite Road,South Windsor, CT 06074
Tel. (860) 291-8755, Fax(860) 291-8757
THIS APPLICATION IS FOR: (Check all that apply):
r Zone Change to (Public Hearing required and Certified letter to abutters required)
r" Subdivision/Resubdivision r' Open Space Subdivision(Public Hearing Required)
9 Subdivision IR Minor r Major
r- Resubdivision(Public Hearing Required) r` Minor r Major
r Conditional Approval
lR Special Exception to Articled, (Public Hearing, Certified letter to abutters required
r Site Plan of Development
r General Plan of Development
f` Earth Filling(Sec. 15)and/or Earth Removal(Sec. 14 - Public Hearing Required)
r` Regulation Amendment: l" zoning r" Subdivision (Attach proposed amendment)
r" Temporary and Conditional Permit for
I— Maio Home Occupation for
r O r exp in in detail)
An*Ap lic V
sign is required to be posted on the property for al ap lic 'ion t (10) da s,' prior to being heard by the Commission.
� nlSign of Ap i Sign a of Property Owner
DESIGN PROFESSIONALS, INC.
civil engineers ♦ planners ♦ surveyors
gis ♦ gps ♦ landscape architects
Transmitted via certified mail
May 16,2006
Dear Current Abutting Properly Owner,
Re: Application of Craig Douglas Nation
Subdivision/Special Exception
250 Smith Street
South Windsor, Connecticut
DPI Project No. 2089
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 Michele Lipe,Assistant
Planning Director, or Jeffrey Folger,Environmental Planner, at the South Windsor Planning
Department at 644-2511, ext. 252 or 229,respectively. Thank you.
Sincerely,
DESIGN PROFESSIONALS, INC.
By: C
Andre4MN1oftmnie
Executive Coordinator
Cc: Jeffrey Folger
Marcia Banach
Doug Nation
165 South Satellite Road,South Windsor,Connecticut 06074
Tel:(860)291-8755•Fax:(860)291-8757
www.designprofessionalsinc.com
Stormwater Management Report
Smith Street Subdivision
250 Smith Street r E-1 V
ED
South Windsor, Connecticut
MAY 1 7 2006
SOUTH AIiiNDSOR PLANNING DEPT,
m�rlA
`fie`0� i me�so
Prepared by
Design Professionals,Inc.
P.O.Box 1167
South Windsor, CT 06074
DPI Project No. 2089
May 16,2006
Introduction: The site is located on the north side of Smith Street in South Windsor,
Connecticut, and contains a total of 3.86 Acres. The site is bordered by primarily
undeveloped commercial and residentially zoned property. The site is presently
undeveloped except for the remains of the recently removed original house and
associated driveway. There is one area of wetlands on the site along the northern
perimeter of the site. Appendix A contains a site location map.
Proposed Development: The proposed development of the site includes the creation of
one additional interior residential building lot.
Off-Site Analysis: The site presently drains offsite northerly overland to a brook which
flows westerly joining Plum Gully Brook which discharges into Mill Pond.
Peak Runoff Control: The minor increase in impervious coverage together with the
increase in travel time associated with proposed grading, maintains a peak discharge from
the site for post developed conditions equal to or less than the existing peak runoff from
the site.
Erosion/Sedimentation Control Systems: An erosion/sedimentation control plan has
been developed as part of the subdivision design. These measures include the following:
1. Installation of silt fence down-slope of disturbed areas.
2. Installation of silt fence around stockpiled materials.
3. Seeding and mulching disturbed areas as soon as practical during construction.
4. Limiting the areas of disturbance during construction.
5. Installation of construction entrance pad, and sweeping of roadway as needed.
6. Maintenance of the above measures.
The erosion/sedimentation control plan is contained within the design plans and details.
Topographic Contour Maps: A topographic contour map has been provided showing
the drainage areas for the site. The map showing the existing (scale 1"=40') and
developed(scale: 1"=40')conditions is included in the rear of this report in Appendix B.
Floodplain Boundaries: There are no mapped floodplain boundaries on the site.
Drainage Design: The drainage analysis of the site has been completed utilizing
generally accepted design methods. The peak runoff from the site under existing and
developed conditions was developed utilizing the rational formula.
Under existing conditions, the site drains overland through wetlands to the north. The
existing drainage areas are shown on the existing conditions drainage area map contained
in the rear of the report. The summary of the Rational calculations for peak runoff is as
follows [Note all flows are in Cubic Feet per Second(CFS)]:
Q=CIA;
C=Runoff coefficient=0.213 [0.03ac(.90)/1.49ac(.30)/2.34ac(0.15)]
I=Intensity for storm events 2-100yr=2.0/3.2/3.8/4.3/4.6
Tc=24 min(grass: 325'@7%= 16min+80'@10%=8 min)
A=Drainage area=3.86 ac.
Design Existing Peak
Storm Discharge(Q)
2 1.6
10 2.6
25 3.1
50 3.5
100 3.8
Under Developed conditions, the site will continue to drain overland northerly through
wetlands.
The summary of the peak discharges under developed conditions is as follows (Note all
flows are in CFS):
C=Runoff coefficient=0.259[0.18ac.(90)/1.44ac(.35)/2.24ac(0.15)]
I=Intensity for storm events 2-100yr=1:6/2.5/3.0/3.3/3.7
Tc=35 min (lawn: 250' @ 7%=13min+90' @2%=1 lmin+ 175'@5%=11 min.)
A=Drainage area=3.86 ac.
Design Existing Peak
Storm Discharge(Q)
2 1.6
10 2.5
25 3.0
50 3.3
100 3.7
Conclusions: The proposed development for two residential homes provides no increase
in peak discharge from the site.
APPENDIX A
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GRAPHIC SCALE
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EET ,� 1 inch = 2000 ft.
APPENDIX B
PLANNING DEPARMENT
IN-HOUSE REFERRAL FORM
DATE: 5/18/06
TO: Matt Galligan, Fred Shaw, Michael Gantick, Rich Bond, Walter Summers, Jeff
Kris Lindstrom, Ray Favreau, Karl Reichle, Mel Stead, Chris Dougan, Bob Deptula
Dennis Sheridan
FROM: Marcia A. Banach, AICP, Director of Planning
The Planning&Engineering Departments have received plans for the following projects:
Appl 06-29P,Nation Interior Lot/Subdivision
Location: 250 Smith Street
® Site Plan ® Subdivision No. Acres 4.14 Zone RR
❑ Industrial ❑ Commercial ® Residential No. Lots/Units 1
Water: ® Public ❑ Private Well Sewerage: ® Public ❑ Septic System
Project Description: Create one new interior lot
Future Town-owned property involved? ❑ Yes ® No
❑ new street(s) ❑ new detention area
❑ new open space/recreation area ❑ active ❑passive
Planning Department notes:
Please comment by 6/2/06 and return to the Planning Department.
Barbara Messino Re 06 29P Nation Interior Lot Page 1
From: Dennis Sheridan
To: Messino, Barbara
Date: 5/18/06 5:30PM
Subject: Re: 06-29P Nation Interior Lot
No Commento.
dds
>>> Barbara Messino 05/18/06 03:59PM >>>
Comments?
As always,
Barbara
Barbara Messino Re:06 29P Nation Interior Lot Pale 1
From: Bob Deptula
To: Messino, Barbara
Date: 5/19/06 8:41AM
Subject: Re: 06-29P Nation Interior Lot
Both of these lots will be served by septic systems. Plan approval is neede for each one.
>>> Barbara Messino 05/18/06 03:59PM >>>
Comments?
As always,
Barbara
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f�OsoR•c° TELEPHONE (860) 644-2511
CERTIFIED MAIL 7004 2510 0003 9803 3827
June 1, 2006
Craig Douglas Nation
200 Sullivan Avenue
South Windsor, CT 06074
Re: Appl 06-29P,Nation Interior Lot-request for special exception to 4.6.1 and subdivision to create
one new building lot on property located at 250 Smith Street, RR zone
Dear Mr. Nation:
Please be advised that a Public Hearing of the Planning&Zoning Commission in the above referenced
matter has been scheduled for Tuesday, June 13, 2006 at 7:30 in the Council Chambers of the South
Windsor Town Hall, 1540 Sullivan Avenue. Someone must be present at the hearing to represent the
application.
A sign advertising the hearing, must be posted on the property for ten(10) consecutive days prior to
the hearing and must be clearly visible from a town street. Please have a sign posted at 250 Smith
Street by June 3, 2006.
Signs can be obtained in the Planning Department.
Sincerely,
Barbara M. Messino
Administrative Secretary
y �
June 9, 2006
Certified #70042510000398029592
Design Professionals, Inc.
Attn: Ms. Karen Isherwood
165 South Satellite Road
South Windsor, CT 06074
RE: Appl. #06-29P— Nation Interior Lot
Dear Ms. Isherwood:
At the June 7, 2006 regular meeting, the Inland Wetlands Agency/Conservation
Commission approved application #06-29P— Nation Interior Lot—250 Smith Street—
Inland Wetland/Conservation Commission application to create an interior lot, dwelling,
yard and septic system on property northerly of Smith Street and easterly of Wheeler
Drive. Rural Residential zone. This approval is subject to the following conditions:
1. One blueprint copy of the entire set of plans and this letter reproduced thereon,
must be submitted to this Commission. This must be completed within 65 days
of approval prior to any construction activity on the site. Plans submitted to
Planning & Zoning Commission shall be considered having met this requirement.
2. The application shall indemnify and hold harmless the Town of South Windsor
against any liability, which might result from the proposed operation or use.
3. The permit is valid for five years and shall expire on June 7, 2011. It is the
landowner(s)/applicant(s) responsibility to track expiration dates and notify the
Commission of a renewal request at least 65 days prior to expiration.
4. All approvals required must be obtained and submitted prior to any activity on the
site.
5. A contact person shall be identified on the plans.
6. Revised application and plan to be submitted to the file to reflect the additional
impact within the upland review area associated with accessing the existing
shallow well on the site.
Nation Interior Lot
June 9, 2006
Page 2
7. Abutter receipts to be submitted in order for the file to be complete.
Very truly yours,
Elizabeth A. Warren, Chairperson
INLAND WETLANDS AGENCY/
CONSERVATION COMMISSION
EW:dr
cc: Chief Building Official
Appl #06-29P Nation Interior lot -- PH 6/13/06
1. Requ/e�st for approvahof a Special Exception to create one interior lot and
sub �ivi�ion for p bpe y located' t 250 S i-th Street„ zone.;.-T ere was.a
existi g h fuse cent y de olis�ed) on an�n e istin `lot f record, and the i
g
app�icant p posing cr/e to a ne �terior lot_i 'addition'to the e'xisting lot of
record.
2. Th requirements for the interior lot in the RR zone include: 80,000 sf
mi imuin lot Size and262.5 feet minimum lotwidth. The roposed,,'anterior,lot
w ld lie appr6xima elv`2.5 acres in size exclusive of,thd access ar a ,:wit a
width o 367 fdet,; Gea -- ;369 q-f-t-conventional-lot-witliTro-n-tage_on
Smith S refit.
3. A-ccess-to-the-interior--lot-and--conventional-lot-is pr-o-posed_to be"by-an--N38= -de
-shared,paved drive-on the westerly side of the lot. The Fire Marshal has
reviewed the proposed driveway and notes concern with the existing 2 1"
hemlock that is located near the angle of the driveway about halfway up. At
�l nor'U w, leaa, the tree will need to have any branches that may overhang the driveway
cleared to allow fire equipment to pass underneath.
4. _Septic.-systems wi-ll-seAvice-both thc-front=ag&4ot�;n-d tht-in ot. The final
septic system design is subject to the approval of the Town Sanitarian. Ptiblic
water is avail ble-tortbese4ots.
5. There are regulated wetlands on the new lot, and the house has been placed to
the westerly side of the lot so that no activity will take place in the upland
review area. The application is has received IWA/CC approval with no
unusual approval conditions. There is no 100-year floodplain.
6. This property is adjacent to the Buckland Gateway zone to the north and across
the street from the Design Commercial zone to the south, therefore a 50' buffer
is required along the frontage of Smith Street and along the northerly edge of
the new lot. The applicant has provided a buffer plan and the required cross
sections in accordance with section 10.4 of the zoning regulations.
7. Ate" tree eaw ment , pro-vifled-a the front of e-lot,-however=no-
strqu M--rees-h been-pro-posed.Karl Reichle, Sup't of Parks and Grounds has
requested that the applicant add two chestnut trees.
8. The criteria for approval of interior lots include:
a. the subject area's boundary configurations, topography, soils or other
natural resource characteristics;
1
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b. proximity to neighboring properties and dwelling units;
c. restriction of existing views;
d. proposed buffering/screening;
e. potential drainage, traffic & environmental impacts
f. driveway locations, slopes & sight lines
g. utility service capabilities
h. property value impacts; and
i. future land use alternatives.
8. Town staff has some concerns with this interior lot application as it would
create another residential lot abutting the Gateway Zone and Evergreen Walk
development which, as you are well aware, is experiencing significant
commercial growth. Interior lots were added as special exception uses rather
than as of right uses in recognition that they are not necessarily appropriate for
every piece of land. The attrition that has already begun on Smith Street, with
several residential lots already in the hands of the owners of commercial
property (for example, the lot directly to the east of the subject property is
owned by Evergreen Walk LLC; and the house at 367 Smith Street is owned by
Downeast Associates, the owners of the 50 acres of DC zone across Smith
Street.) The Commission will want to give due consideration to criteria i.,
future land use alternatives, during your deliberations on this application.
9. Tl is n"creeni proposed between the existing house-and-the-
� 's. M-o the e sting tr'eve �,ed
ton in that'arpa-'
re . �f this ap ,lation ' app� , the' omYriission may
a ti ;consider th addition:of-plan ti etI een th new 16ts4o provide
s r en ng:
If this application is approved, the Planning Dept. requests that the street tree
easement be added to the p+ot plan.
Jr I
2
MEMORANDUM
To: Marcia Banach, Director of Planning
From: Jeffrey B. Doolittle, P.E., Town Engineer �_Jso
Date: 6/13/06
RE: App 06-29P 250 Smith Street Subdivision
have reviewed the proposed subdivision for the property at 250 Smith Street, and I
have the following comments:
1. What will be the disposition of the several (3) existing wells on this property?
One well is close to the proposed septic system on Lot 1
2. The foundation drain for lot 1 needs to be routed around the septic system,
including the reserve area and be tight pipe within 25 feet of the septic system
or as specified in the state health code.
3. The foundation drain for lot 2 needs to be directed to the wetlands in the back
of this lot, not toward the neighboring lot to the west.
4. The driveway needs to conform to the Town of South Windsor standards for
grading and have a pull-off area as it appears the slope is greater than 10%.
5. A street excavation permit is required to reconstruct the driveway and to install
water to these two proposed lots.
Please call me if you have any questions.
�a
DESIGN PROFESSIONALS, INC.
civil engineers ♦ planners ♦ surveyors JUN '6 2006
landscape architects ♦ gis ♦ gps ,OUT",!
June 14,2006
Marcia Banach, Director of Planning
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
RE: Subdivision Extension DPI Proj.No. 2089
Nation Subdivision
250 Smith Street
South Windsor, Connecticut
Dear Ms. Banach,
On behalf of my client, Craig Douglas Nation, I hereby request two consecutive 90-day
extensions from the original filing date for recording mylars for the above-referenced project in
the office of the Town Clerk. Please advise us of the new filing deadline. Thank you.
Sincerely,
DESIGN PROFESSIONALS INC.
� 1
By:
Andrea M. Momnie
Executive Coordinator
CC: Craig Douglas Nation
165 South Satellite Road,South Windsor,Connecticut 06074
Tel:(860)291-8755•Fax:(860)291-8757
www.designprofessionalsinc.com
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�, 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
f�OSox-Co TELEPHONE (860) 644-2511
CERTIFIED MAIL 7004 2510 0003 9803 3902
June 22, 2006
Craig Doug Nation
200 Sullivan Avenue
South Windsor, CT 06074
Dear Mr. Nation:
Re: App106-29P,Nation Interior Lot
We are pleased to advise you that the Planning&Zoning Commission voted on June 13, 2006, to approve
with modifications a special exception to article 4.6.1 and subdivision on 4.14 acres to create one interior
of to be on property located on 250 Smith Street, RR zone as shown on plans prepared by Design
Professionals, Inc., project #2089 and dated 12/12/05. This approval is subject to the following
modifications:
1. Drainage and construction for this lot is subject to the approval of the Town Engineer.
2. Septic system final design must be submitted to and approved by the Environmental Health Officer
prior to filing of mylars and issuance of building permits.
3. Water shall be supplied to this lot by public water.
4. This application is subject to the conditions of approval of the Inland Wetlands agency/Conservation
Commission.
5. Fire Marshal's approval is required for driveway configuration.
6. All plans used in the field by the developer must bear the stamp and authorized signature of the Town
of South Windsor.
7. All easements for conservation purposes, drainage or utilities, that may be required in connection with
the approval of this lot,must be submitted on standard Town easement form where appropriate, to this
Commission prior to filing the mylars and issuance of building permits.
8. Footing drains are required for the house. Prior to the building of any structure on a lot, a topographic
map, drawn to a scale of 1" =40', shall be submitted, showing proposed contours, elevations and the
location of the footing drains.No building permit will be issued until the proposed contours, floor
elevations and location of footing drains have been approved by the Town Engineer.
9. If, for any reason, finished grading and other site work is not completed, the Town Engineer shall
determine the amount of a cash bond to ensure final grading and site work. This cash bond must be
submitted prior to issuance of a Certificate of Occupancy.
10.No building permits will be issued until all modifications have been complied with, and the final plans
have been filed in the Town Clerk's office.
11. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 4.13.10 of the
zoning regulations.
12. Engineering comments dated 6/13/06 must be addressed to the Town Engineers satisfaction.
13. The street trees easement must be shown on the plot plan.
Black and white transparent mylars of Sheets #3 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 mylars have been signed by the Commission, they will be returned to you for filing in the Office of
the Town Clerk by September 30, 2006. After filing these plans, a copy of the receipt must be submitted
to the Planning Department.
The attached Special Exception form must be completed and filed in the Town Clerk's office. The special
exception will take effect upon filing.
Sincerely,
Patrick Kennedy, Chairmai ,
Planning and Zoning Commission
Enclosures
cc: Town Engineer
Chief Building Official
Assessor
Superintendent of Pollution Cor
Fire Marshal
Design Professionals, Inc. CU
Attachments:
Special Exception form
I, Patrick Kennedy, Chairman of the South Windsor Planning&Zoning Commission,
hereby certify that on June 13, 2006, the Planning and Zoning Commission granted to
Craig Doug Nation; a Special Exception to Article 4.6.1 of the Zoning Regulations to
allow one interior lot on property located on 250 Smith Street, RR zone as shown on
plans prepared by Design Professionals, Inc., Project No.2089.
Assessor's Map and Parcel Number: Map#17 Parcel#6
More particularly bounded and described as follows:
(See attached)
OWNER OF RECORD:
Dated at South Windsor, Connecticut thisZ 71-4 0/4�
In a cordance with CGS Section 8-3d
r-a-z�-
Chairman
Planning&Zoning Commission
Received for record this day of , 19_, at
South Windsor, Connecticut ATTEST:
. age:.4 2 of 2
vo1. 1670PA6E 5
SCHEDULE A
-y hat Car to place or parcel of land,with buildings thereon.situated in tM
Town of South WindW.County of Hartford and state or CO(rieeticut.
bounded and described aS follows:
;5" mlr�q at a point in the Northwesterly line of Smith Street one Hundred
1 Ttft and OOl 100(150.00) feet Southwesterly of a merestone marking the
boundary between land now or formerly of t-ukeharte and land now or
formerly of:John H-and Anne bruge;thence running Southwesterly alonq the
Northwesterly tine of Smith Street a distance of one hundred forty-SIX and
40/t00(146.40)feet to a point: thence Northwesterly at an interior angle
of-89''04 40' a distance of ninety-six and 43/100(96AD feet along land
now or fornerly of early Hi Ile to a point;thence running Southwesterly at
1 an Interior angle of 263' 02'40" a distance of two fwarxW Sixty and 70/100
(260.70)feet along land of said Rifle to a point;thence running Northerly at
an Interior angle of 81. 43, 45,a distance of foul hundred forty-two and
771100(447-77)feet along land now or formerly of out French to a
merestone; thence running Northeasterly at an interior angle of 61V 01' t 0'
a distance of one hundred seventy and 132/100(110.82)feet along land now
or formerly of one Grant to a'point;thence running southeasterly at an
Interior angle of 109'OT W 8 dlstanCt of rtve hundred fifty-one and
77/100(55f.77)feet along other land now or formerly of luiceNrte to the
point of beginning; the said last described line makes an Interior angle with
the first described line of 900.
Said premises are subject to'a lease for the use of a well on said premises,
together with the right to lay, repair and maintain water pipes leading from
said welt,as of rtcord Appear.
Said premises-are subject to building.building line,Zoning restrictions and
easements as of rkcord may appear_
As part consideration for this deed, the grantee hereln assumes and agrees
to pay taxes on the list of October 1,Jgft 2003
Said Premises-are also known as 250 Smith Street. _ -
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
r�OsoR•CO. TELEPHONE (860) 644-2511
August 15, 2006
Andrea M. Momnie
Executive Coordinator
Design Professionals, Inc.
P O Box 1167
South Windsor, Ct 06074
Dear Ms. Momnie:
Re: App106-29P,Nation Interior Lot
Please be advised that the Planning and Zoning Commission voted on June 27, 2006 to grant two
consecutive 90-day extensions to file mylars for the above-referenced subdivision in the Town
Clerk's office. The new filing deadline is January 8, 2007.
This extension is the final extension permitted under Connecticut General § 8-25.
Sincerely,
Patrick Kennedy
Planning and Zoning Commission
PK/pmm
18 "PAGE 28
STREET TREE EASEMENT
This Street Tree Easement made this 1� 123
, by and between
Cown E day of January 2007
of Ellington,—COunty of Tolland and State of-
hereinafter called"GRANTOR"and he TOWN OF SOUTH WINDSOR Connecticut,
corporation having its territorial limits within the County of Hartford and State ofcipal
Connecticut, hereinafter called "GRANTEE".
WITNESSETH:
WHEREAS, the GRANTOR is the owner of real property, hereinafter described, situated
on Smith Street 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 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 intends to 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 as a tree belt along Smith Street over a portion of
real property shown as Parcel C on a map or plan entitled "DEPENDENT RESURVEY
PREPARED FOR: CRAIG D. NATION 250 SMITH STREET SOUTH T RESURVEY
R
CONNECTICUT SUBDIVISION/PLOT PLAN JOB NO.: 2089 DATE: 4/20/2006
DRAWING NO.: JOBS/SURVEY/2089-3PLOT design professionals civil engineers
planners • surveyors • landscape architects • gis • gps P.O. Box 1167, South Windsor,
Connecticut 06074 Scale: 1 inch=40 ft. SHEET 3 OF 5", which map is to be filed on the
South Windsor Land Records.
Said Street Tree Easement area is more particularly bounded and described as follows:
Commencing at a point on the northerly side of Smith Street, which point marks the
southwesterly corner of Lot 1 as shown on said map, thence running S 04' 13'37" W a
distance of 10.00 feet to a point; thence turning and running S 86' 41'43"E a distance of
146.07 feet to a point; thence turning and running S 03° 01' 17" W a distance of 10.00
feet to a point; thence turning and running N 86'
41'43 W a distance of 146.28 feet to
the point and place of beginning.
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Doc ID: 001155470003 Type: LAN
Book 1877 Page 28 - 30
File# 123
F h 1
THE GRANTOR FURTHER COVENANTS AND AGREES:
1. To maintain said tree belt; and
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 himself, his 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 his 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, and to its own proper use.
IN WITNESS WHEREOF, the GRANTOR has this day set its hand and seal this
day of January 2007.
Witnesses GYNR:
Craig D. Nation
2
Lol-
IRRIGATION PIPE EASEMENT
KNOW ALL MEN BY THESE PRESENT THAT I, Craig D. Nation, of
Ellington, Connecticut(hereinafter referred to as"Grantor") for One Dollar($1.00) and
other good and valuable consideration,received to his full satisfaction of Aaron L.
Johnson and Karen Johnson,both of South Windsor, Connecticut(hereinafter referred
to as the "Grantees") do hereby grant, bargain, sell and convey unto the Grantees, their
heirs, successors and assigns, an Irrigation Pipe Easement over a portion of the real
property shown as Parcel B on a map or plan entitled "DEPENDENT RESURVEY
PREPARED FOR: CRAIG D.NATION 250 SMITH STREET SOUTH WINDSOR
CONNECTICUT SUBDIVISION/PLOT PLAN JOB NO.: 2089 DATE: 4/20/2006
DRAWING NO.: JOBS/SURVEY/2089-3PLOT design professionals civil engineers
planners - surveyors - landscape architects • gis • gps P.O. Box 1167, South Windsor,
Connecticut 06074 Scale: 1 inch=40 ft. SHEET 3 OF 5",which map is to be filed in the
South Windsor Land Records, for the following purposes:
A perpetual right,privilege and authority to maintain an irrigation pipe to be
installed under and through the described parcel for the restricted use of the conduct of
water from a well located on Lot 2 as shown on said map to the property of the Grantees,
together with the right to enter upon such parcel to maintain, inspect, operate, service,
replace,remove, and repair said irrigation pipe within the limits of the easement area,
together with the right to conduct water through the irrigation pipe over said easement
area from the well to the Grantee's property, provided that the Grantees and/or their heirs,
successors and assigns shall restore the parcel of land to substantially the same or better
condition as existed prior to such entry.
The Grantees and/or their heirs, successors and assigns shall indemnify, save
harmless and defend the Grantor and his heirs, successors and assigns from any and all
claims by the Grantees or their invitees which may or shall arise from the use and
operation of the Irrigation Pipe and/or access to the easement area by the Grantees and/or
their invitees.
Said Irrigation Pipe Easement is more particularly bounded and described as
follows:
Commencing at a granite monument on the southwest corner of said Lot No. 2 as
shown on said map,thence running S 68' 20' 03" E a distance of 20.02 feet to a point;
thence turning and running N 19' 16' 29" E a distance of 198.30 feet to a point;thence
running N 69' 44' 13" E a distance of 50.00 feet to a point; thence running N 20' 15'
47" W a distance of 20.00 feet to a point; thence turning and running S 69' 44' 13" W a
distance of 59.44 feet to a point; thence running S 19' 07' 45" W a distance of 4.70 feet
to a point; thence running S 19' 16' 29" W a distance of 202.18 feet to the point and
place of beginning.
All structures,pipe, etc. constructed upon or installed within the said premises
pursuant to this easement shall be and remain the property of the Grantees herein.
1
The Grantor reserves the right unto himself, his heirs, successors and assigns to
continue to use lands within which the aforesaid easement has been granted for any use
and purpose which shall not in any way interfere with the use thereof by the Grantees,
their heirs, successors and assigns in fulfilling the purpose for which the easement has
been granted.
To have and to hold the said and bargained easement,privileges, and rights of
way and their appurtenances to the said grantees and their heirs, successors and assigns
forever, and to their own use and benefit.
IN WITNESS WHEREOF, the Grantor has set his hand and seal this day of
January 2007.
Witnesses Grant r
lz�-A2j,"
Ci/aig D.Tqation
STATE OF CONNECTICUT:
: ss. South Windsor January 2007
COUNTY OF HARTFORD
wq--
On this the 6 day of January, 2007, before me, personally appeared Craig D.Nation,
known to me(or satisfactorily proven to be) signer of the foregoing, and acknowledged
the same to be his free act and deed.
Marianne Lassman Fisher
Commissioner of Superior Court
2
N �i,\ EnJ L�
STATUTORY FORM QUITCLAIM DEED
KNOW YE, THAT I, Craig D. Nation, of Ellington, Connecticut(hereinafter
designated as the Grantor), for ONE DOLLAR($1.00)AND OTHER VALUABLE
CONSIDERATION paid, grant to Aaron L. Johnson and Karen Johnson,both of the
Town of South Windsor, Connecticut(hereinafter designated as the Grantees), AS JOINT
TENANTS with rights of survivorship, with QUITCLAIM COVENANTS
A certain piece or parcel of land situated in the Town of South Windsor, County of
Hartford and State of Connecticut, shown as `PARCEL A 4,336 +/- SF TO BE DEEDED TO
ABUTTER N/F AARON L. &KAREN JOHNSON UPON SUBDIVISION APPROVAL,
OR CONSOLIDATED WITH LOT#2' on a map or plan entitled"DEPENDENT
RESURVEY PREPARED FOR: CRAIG D.NATION 250 SMITH STREET SOUTH
WINDSOR CONNECTICUT SUBDIVISION/PLOT PLAN JOB NO.: 2089 DATE:
4/20/2006 DRAWING NO.: JOBS/SURVEY/2089-3PLOT design professionals civil
engineers - planners • surveyors - landscape architects • gis - gps P.O. Box 1167, South
Windsor , Connecticut 06074 Scale: 1 inch=40 ft. SHEET 3 OF 5, which map or plan is to
be filed on the South Windsor Land Records, and which piece or parcel is more particularly
bounded and described as follows:
Commencing at as point which marks the southwest corner of Lot No. 2 as shown on
said map,thence running S 68' 20' 03" E a distance of 230.35 feet to a point;thence
turning and running S 17' 00' 57" E a distance of 48.23 feet to a point;thence turning
and running N 60' 06' 35" W a distance of 263.21 feet to the point and place of
beginning.
Said premises are further subject to building line,building restrictions and zoning
regulations, any and all provisions of any ordinance, municipal regulation,public or private
law,restrictions and easements as of record may appear.
f,
Signed this ir day of January, 2007.
Witness y: Grant
Craig . tion
STATE OF CONNECTICUT: L
: ss South Windsor January 2 , 2007
COUNTY OF HARTFORD :
Personally appeared Craig D. Nation,known to me(or satisfactorily proven to be),
signer of the foregoing instrument, and acknowledged the same to be his free act and deed,
before me. /
Marianne L. Fisher
Commissioner of the Superior Court
Grantee's Mailing Address: