HomeMy WebLinkAboutConservation Easement Agreement VOL 240gpAgE03` 1
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CONSERVATION EASEMENT AGREEMENT
THIS AGREEMENT made this 29' day of May, 2014, by and between Karen
Romejko 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 shown on Schedule A attached
hereto
Said CONSERVATION EASEMENT AREA is delineated on the following map filed
on the South Windsor Land Records:
Property Survey Improvement Location Map Resurvey Prepared for Chris Fortin
135 Pierce Road, South Windsor, Design Professionals, Inc. Civil Engineers
Planners Surveyors GIS 165 South Satellite Road South Windsor
Connecticut Design: GBS Drawn: MHA Checked: RPM/GBS Job No.
1496 Date: 7/29/01 Drawing No.: SERVER\1496\1496.DWG
Revisions:
1. 10-08-10 Add Easement/ Notations KMI
2. 10-26-01 Add TOPO in Wetlands/ Add Inv. To Culvert DMG
3. 11-13-01 Rev. per IWA Approval IIIIIIIIIIIIIIII
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII. LAN
Doc ID: 002294840007 Type
Book 2409 Page 319 - 325
File# 02658 i��
VOL2 4 0gpAgE0320
4. 11-29-01 Added Address GBS
Said CONSERVATION EASEMENT AREA is being set aside pursuant to Inland
Wetland Agency/Conservation Commission approval to construct a single family home on 135
Pierce Road(Assessor's Map #63, Parcel#5)Application# 01-40W dated November 13, 2001.
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
t2 4 0gPAmt- 032 1
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
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.
YOU 40 0324
Q L.S.
�11eu�v►i�teX� GRANTEE -TOWN OF SOUfH WINDSOR
Town Manager Matthew B. Galligan
STATE OF CONNECTICUT)
) ss. South Windsor May 29, 2014
COUNTY OF HARTFORD)
Personally appeared, Karen Romejko, signer and sealer of the foregoing instrument and
acknowledged the same to be his free act and deed before me.
hY;<1f
J
Notary Pu is �y``
J4FfN J*A�"� BEN
My Commission Expires: oAiY prc.
Commissioner of Superior CouAai; rixr
My Commi"sa�op Expires`1 .�J.�Q18
Approved by Town Engineer
Jeffrey Doolittle, P.E
VOL2 4 0Of PAGE 032
Schedule A
Conservation Easement
135 Pierce Road, South Windsor, Connecticut
The following description is based on a plan entitled: "Property Survey Improvement Location Map
Resurvey Prepared for Chris Fortin 135 Pierce Road South Windsor, Connecticut Date: 7/29/01 revised
to 11/29/01 Scale: 1 inch= 40 ft. By: Design Professionals, Inc."
Proposed Conservation Easement Description
Commencing at a point on the westerly street line of Pierce Road at the southeasterly corner of land now
or formerly Catherine C. Collins;
Thence S 33°58'23" W, along the westerly street line of Pierce Road, 77.51 feet to the point of Beginning;
Thence N 66°49'41" W, through property now of formerly Chris Fortin, 324.78 feet, to a point;
Thence S 23°10'19" W, through property now or formerly Chris Fortin, 72.43 feet, to a point;
Thence N 66°49'41" W, through property now of formerly Chris Fortin, 519.30 feet, to a point;
Thence N 23°10'19" E, through property now or formerly Chris Fortin, 148.57 feet, to a point on the
southerly property line of land now or formerly Catherine C. Collins;
Thence N 66°49'41" W, along the southerly property line of land now or formerly Catherine C. Collins, -- -
451.70 feet to an iron pipe at the northeasterly corner of land now or formerly Thomas J. Rice;
Thence S 22°22'27" W, along the easterly property line of land now or formerly Thomas J. Rice, 311.44
feet, to an iron pipe, on the northerly property line of land now or formerly John J. Halvorsen;
Thence S 22°22'27" W, along the easterly property line of land now or formerly John J. Halvorsen, 2.00
feet to a point;
Thence S 65°22'20" E, along the northerly property line of land now or formerly John J. Halvorsen,
122.16 feet, to an iron pin;
Thence S 68°15'57" E, along the northerly property line of land now or formerly John J. Halvorsen,
325.35 feet, to an iron pin;
Thence S 66°36'36" E, along the northerly property line of land now or formerly John J. Halvorsen,
326.76 feet, to an iron pipe at the northwesterly corner of land now or formerly Josephine Green and
Mary Petrolito;
Thence S 66°38'44" E, along the northerly property line of land now or formerly Josephine Green and
Mary Petrolito, 300.10 feet to a point at the southwesterly corner of land now or formerly Vincent F.
Callahan and Constance Callahan;
Thence N 24°05'56" E, along the westerly property line of land now or formerly Vincent F. Callahan and
Constance Callahan, 110.00 feet, to a point;
Thence S 66°38'44" E, along the northerly property line of land now or formerly Vincent F. Callahan and
Constance Callahan, 200.00 feet to a point on the westerly street line of Pierce Road;
Thence in a northeasterly direction along the westerly street line of Pierce Road on a curve to the right
having a Delta angle of 07°17'37", Radius of 975.00 feet and an arc length of 124.12 feet, to the point and
place of beginning.
Said easement contains 272,935± square feet or 6.26± acres. Received for Record Oo2
At 8', /-cD c" I
Recorded in South m ,_CT
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