HomeMy WebLinkAboutSubmittals (2) VOL. 18 7 WAGE 3113
EASEMENTS
THIS EASEMENT AGREEMENT is made as of the day of January, 2007 by
and between Dinh Hoang Luu and Trang Thanh Nguyen, both of 207 Buckland Road, South
Windsor, Connecticut, their heirs and assigns (collectively, sometimes "Grantors" and or
"Grantor") and the Town of South Windsor, a specially chartered municipal corporation
("Grantee").
WITNESSETH:
In consideration of the sum of One ($1.00) Dollar, the receipt whereof is hereby
acknowledged; Grantor, hereby set over and conveys to Grantee, the following easements.
1. Temporary Grading Easement
Grantors hereby grant to Grantee a temporary construction easement on, across, over,
under and through a certain parcel of land (the "Temporary Grading Easement Area"), which
land is more particularly described and identified in Exhibit A attached hereto and made a part
hereof, for or in connection with the widening of Buckland Road, in the Town of South
Windsor, Connecticut.
Grantee and its agents, assigns and representatives shall have the right within the
Temporary Grading Easement area (1) to achieve the slopes and grades shown on a map or
plan entitled "MAP SHOWING LAND AND EASEMENTS TO BE CONVEYED TO THE TOWN
OF SOUTH WINDSOR BY DINH HOANG LUU & TRANG THANH NGUYEN-BUCKLAND
ROAD - SOUTH WINDSORR, CONNECTICUT"; SCALE 1"=40', DATE: 11/12/03, REVISED
04/26/04 PREPARED BY FUSS & O'NEILL, INC." and (2) for any other uses customary or
useful in connection with such rights; provided that (a) such Temporary Grading Easement
shall terminate upon completion of construction of the of the work and (b) Grantee and its
assigns shall, upon completion of construction, restore, level, smooth, and clean up the
Temporary Grading Easement Area to a condition substantially similar to the condition of the
Temporary Grading Easement Area prior to Grantee's entry upon the Temporary Grading
Easement Area (the "Restoration"), except for the change in grade resulting from the
improvements.
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Doc ID: 001158310006 Type: LAN
Book 1877 Page 313 - 318
File# 184
VOI. 18 77 PAGE 31
If requested by Grantors after such expiration, Grantee shall execute and cause to be
filed on the South Windsor Land R
easement.
Upon completion of the widening of Buckland Road, the Restoration and the
termination of the Temporary Grading Easement, Grantee shall have no further obligations or
responsibility to Grantor for the Temporary Grading Easement Area under this easement.
2. Permanent Easement
Grantors hereby grant to Grantee a permanent easement on, across, over, under and
through a certain parcel of land (the "Permanent Easement"), which land is more particularly
described and identified in Exhibit B, attached hereto and made a part hereof, for or in
connection with the widening of Buckland Road, in the Town of South Windsor, Connecticut.
Grantee and its agents, assigns and representatives shall have the right within
Permanent Easement to construct and maintain a portion of the driveway serving Building
500E as shown on a map or plan entitled "MAP SHOWING LAND AND EASEMENTS TO BE
CONVEYED TO THE TOWN OF SOUTH WINDSOR BY DINH HOANG LUU& TRANG THANH
NGUYEN- BUCKLAND ROAD -SOUTH WINDSOR, CONNECTICUT", SCALE 1"=40',
DATE: 11/12/03, REVISED 04/26/04 PREPARED BY FUSS & O'NEILL, INC." and (2) for any
other uses customary or useful in connection with such rights.
3. General Provisions
Grantors acknowledge and agree that no additional consideration is due for the
easement set forth herein beyond the payments already made by Grantee to Grantor pursuant to
the Agreement.
Grantors agree that without the written permission of Grantee, which shall not be
unreasonably withheld or delayed, no building or other structure that interferes with Grantee's
exercise of the easement rights contained herein shall hereafter be located within the Permanent
Easement, the Temporary Driveway Easement Area, the Temporary Grading Easement or the
Permanent Sidewalk Easement (together, the "Easement Areas"). If any damage is caused to
the Easement Areas or any improvements thereon by the negligence, recklessness or willful
misconduct of a party hereto, or its agents, representatives, employees, invitees, consultants or
contractors, then such parry shall be solely liable and responsible for the repair thereof.
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' VOL. 18 1 "I PAGE 315
Grantors expressly reserve unto themselves, their heirs, successors and assigns, all
ri hts to use the Easement Areas f r -
hereunder. Grantee agrees to provide reasonable access to Grantors' employees, agents and
invitees and to Grantors' affiliates' employees, agents and invitees on, across, over and
through the Easement Areas for purposes of regular vehicle and pedestrian access to Grantors
facilities located adjacent to the Easement Areas; provided that (1) such access shall be
mutually acceptable to the parties and may be relocated to an area mutually acceptable to the
parties as may be reasonably required by the Grantee and (2) such access shall not
unreasonably interfere with the rights granted to Grantee under the easements. Further, the
parties recognize that the easements will impact the primary access to Grantors' facilities and
that Grantee's construction of the improvements will need to proceed. Therefore, the parties
agree to work together to identify reasonable access; provided that Grantee agrees that such
reasonable access to Grantors' facilities shall be of a quality reasonably acceptable to Grantor.
It is understood and agreed that these are easements only and in no way grant or convey
any part of the underlying fee simple estate of any lands owned by Grantors, nor may any
party have any rights in, to or under the easements except as expressly permitted or granted
hereunder. These easements and all of the terms, provisions and obligations hereof shall be
covenants running with the land affected thereby and shall inure to the benefit of and be
binding upon Grantor and Grantee and their respective successors and assigns.
TO HAVE AND TO HOLD the above-granted easement rights unto Grantee, its
successors and assigns, to its and their own proper use and behoof.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed as
of the day first above written.
GRANTORS:
Signed, Sealed and Delivered
In the resence of
Ke in F. Rennie Dinh Ho
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187 7 PAGE 31
STATE OF CONNECTICUT )
COUNTY OF HARTFORD ) anuary
Personally appeared DINH HOANG LUU, signer of the foregoing instrument, who acknowledged
the same to be his free act and deed, before me.
e in F. Rennie
C issioner of t e Superior Court
STATE OF CONNECTICUT )
) ss South Windsor January 8 , 2007
COUNTY OF HARTFORD )
Personally appeared TRANG THANH NGUYEN, signer of the foregoing instrument
who acknowledged the same to be her free act and deed,before me.
Kev n F. Rennie
Commissioner of tht Superior Court
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VOL. 18 7 7 PAGE 317
EXHIBIT A
LEGAL DESCRIPTION OF.EASEMENT TO BE CONVEYED TO THE TOWN OF SOUTH
WINDSOR FOR GRADING/CONSTRUCTION AND SLOPE RIGHT PURPOSES
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATED IN THE TOWN OF SOUTH
WINDSOR, THE STATE OF CONNECTICUT, KNOWN AS TEMPORARY GRADING/
CONSTRUCTION EASEMENT AND PERMANENT SLOPE RIGHT EASEMENT AND
DEPICTED ON A MAP ENTITLED "MAP SHOWING LAND AND EASEMENTS TO BE
CONVEYED TO THE TOWN OF SOUTH WINDOSR BY DINH HOANG LUU.&TRANG
THANH NGUYEN-BUCKLAND ROAD-SOUTH WINDSOR, CONNECTICUT", SCALE 1"
=40', DATE: 11/12/03,REVISED 04/26/04 PREPARED BY FUSS & O'NEILL, INC.
TEMPORARY GRADING/CONSTRUCTION EASEMENT AND PERMANENT SLOPE
RIGHT EASEMENT
SAID LAND IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY PROPERTY LINE OF THE PROPERTY OF
DINH HOANG LUU&TRANG THANH NGUYEN, SAID POINT BEING 15.30 FEET
WESTERLY OF THE RIGHT-OF-WAY LINE OF BUCKLAND ROAD AND ON THE
PROPERTY LINE OF LAND NOW OR FORMERLY EVERGREEN WALK,LLC;
THENCE RUNNING S 13° 36' 50"W 149.98 FEET TO A POINT ON THE PROPERTY LINE
OF LAND NOW OR FORMERLY EVERGREEN WALK, LLC;
THENCE RUNNING N 6T 16' 13"W ALONG THE PROPERTY LINE OF LAND NOW OR
FORMERLY EVERGREEN WALK, LLC 3.14 FEET TO A POINT;
THENCE RUNNING N 110 04' 42"E 30.50 FEET TO A POINT;
THENCE RUNNING N 130 51' 34"E 37.46 FEET TO A POINT;
THENCE RUNNING N 18" 45' 27"W 22.78 FEET TO A POINT;
THENCE RUNNING N 130 41' 5 1"E 64.94 FEET TO A POINT ON THE PROPERTY LINE OF
LAND NOW OR FORMERLY EVERGREEN WALK, LLC;
THENCE RUNNING S 67° 16' 13"E 16.60 FEET ALONG THE PROPERTY LINE OF LAND
NOW OR FORMERLY EVERGREEN WALK, LLC TO THE POINT AND PLACE OF
BEGINNING;
AREA= 1525 SQUARE FEET MORE OR LESS
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VOL. 18 7 `PAGE
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT TO BE CONVEYED TO THE TOWN OF
SOUTH WINDSOR FOR SIDEWALK PURPOSES
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATED IN THE TOWN
OF SOUTH WINDSOR, THE STATE OF CONNECTICUT, KNOWN AS
PERMANENT SIDEWALK EASEMENT AND DEPICTED ON A MAP ENTITLED
"MAP SHOWING LAND AND EASEMENTS TO BE CONVEYED TO THE TOWN
OF SOUTH WINDSOR BY DINH HOANG LUU &TRANG THANH NGUYEN-
BUCKLAND ROAD - SOUTH WINDSOR, CONNECTICUT", SCALE 1"'=40',
DATE: 11/12/03, REVISED 04/29/04, PREPARED BY FUSS & O'NEILL, INC.
PERMANENT SIDEWALK EASEMENT
SAID LAND IS MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY PROPERTY LINE OF THE PROPERTY
OF DINH HOANG LUU&TRANG THANH NGUYEN, SAID POINT BEING 7.09 FEET
WESTERLY OF THE RIGHT-OF-WAY LINE OF BUCKLAND ROAD AND ON THE
PROPERTY LINE OF LAND NOW OR FORMERLY EVERGREEN WALK, LLC;
THENCE RUNNING: S 13' 36' 50" W 149.98 FEET TO A POINT ON THE PROPERTY
LINE OF LAND NOW OR FORMERLY EVERGREEN WALK, LLC;
THENCE RUNNING N 670 16' 13" W 8.21 FEET ALONG THE SOUTHERLY
PROPERTY LINE OF LAND NOW OR FORMERLY EVERGREEN WALK, LLC TO A
POINT;
THENCE RUNNING N 130 36' 50"E 149.98 FEET TO A POINT ON THE NORTHERN
PROPERTY LINE OF LAND NOW OR FORMERLY EVERGREEN WALK, LLC;
THENCE RUNNING S 670 16' 13"E 8.21 FEET ALONG THE NORTHERLY
PROPERTY LINE OF LAND NOW OR FORMERLY EVERGREEN WALK, LLC TO THE
POINT AND PLACE OF BEGINNING;
AREA= 1215 SQUARE FEET MORE OR LESS
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