HomeMy WebLinkAboutCGS 8-24 Priest Farm Eversource Easemt SSW N sf4
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1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
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November 30, 2017
Mayor M. Saud Anwar
Town of South Windsor
1540 Sullivan Avenue
South Windsor CT 06074
Dear Mayor Anwar:
RE: CGS 8-24 Referral regarding a Permanent Access Road Easement to The Connecticut Light
and Power Company, dba Eversource Energy, for purposes of constructing and utilizing an access
road to access the electric transmission facility on property located at 1407 Sullivan Avenue, South
Windsor,Connecticut,known as the Priest Farm
I am pleased to advise you that the South Windsor Planning and Zoning Commission, at its
Regular Meeting of November 28, 2017, by unanimous consensus forwarded a favorable review
of the above mentioned project.
Sincerely,
Bart Pacekonis, Chairman
PLANNING&ZONING COMMISSION
BP/llz
cc: Town Manager
Clerk of the Council
Town Engineer
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FAX 860/644-3781
OFFICE
OF THE
TOWN COUNCIL
November 22, 2017
Mr. Matthew B. Galligan, Town Manager
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Mr, Galligan:
At its Regular Meeting of November 20, 2017, the South Windsor Town Council
approved the following Resolution:
WHEREAS, the South Windsor Town Council has agreed to provide a Permanent
Access Road Easement to The Connecticut Light and Power Company, d/b/a
Eversource Energy, for purposes of constructing and utilizing an access road to
access the electric transmission facility on property located at 1407 Sullivan
Avenue, South Windsor, Connecticut, known as the Priest Farm; and
WHEREAS, the appraised value of the Permanent Access Road Easement is
$9,000 which will be payable to the Town of South Windsor in consideration for the
easement; and
WHEREAS, any plan to grant easements must be submitted to the South Windsor
Planning & Zoning Commission for a report pursuant to Section 8-24 of the
Connecticut General Statutes
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council
hereby reiterates approval of the granting of the Access Easement to The
Connecticut Light and Power Company, d/b/a Eversource Energy, and submits the
easement to the South Windsor Planning and Zoning Commission for a report
pursuant to Section 8-24 of the Connecticut General Statutes.
Respectfully submitted
Deborah W. Reid
Clerk of the Council
cc: Michele Lipe, Director of Planning
Bart Pacekonis, Chairman, Planning & Zoning Commission
Resolution Referring the Access Easement at 1407 Sullivan Avenue
(Priest Farm) to the South Windsor Planning & Zoning Commission
Pursuant to Section 8-24 of the Connecticut General Statutes
(Councilor Snyder)
WHEREAS, the South Windsor Town Council had agreed to provide a
Permanent Access Road Easement to The Connecticut Light and Power
Company d/b/a Eversource Energy for purposes of constructing and utilizing
an access road to access the electric transmission facility on property located
at 1407 Sullivan Avenue, South Windsor, Connecticut, known as the Priest
Farm; and
WHEREAS, the appraised value of the Permanent Access Road Easement is
$9,000 which will be payable to the Town of South Windsor in consideration
for the easement; and
WHEREAS, any plan to grant easements must be submitted to the South
Windsor Planning & Zoning Commission for a report pursuant to Section 8-24
of the Connecticut General Statutes
NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town
Council hereby reiterates approval of the granting of the Access Easement to
The Connecticut Light and Power Company d/b/a Eversource Energy and
submits the easement to the South Windsor Planning and Zoning
Commission for a report pursuant to Section 8-24 of the Connecticut General
Statutes.
PERMANENT ACCESS ROAD EASEMENT
I/we, Town of South Windsor(the "Grantor"), for and in consideration of the sum
of Nine Thousand Dollars ($9,000) in hand paid, receipt and sufficiency of which is
hereby acknowledged, hereby grant(s)to The Connecticut Light and Power Company dba
Eversource Energy , a specially chartered Connecticut corporation having its office in
Berlin, Connecticut, its successors and assigns forever(the"Grantee"),the following
permanent, and, except to the extent hereinafter specifically set forth, non-exclusive
rights and easements in the right of way described in Exhibit A attached hereto and made
a part hereof(the "Access Area") located in the Town of South Windsor, County of
Hartford, State of Connecticut, for purposes of constructing and utilizing an access road
to access the Grantee's electric transmission facility Easement located on other land of
the Grantor.
The Grantee shall have the right to cut and remove trees, brush, rocks, and other
obstructions within the Access Area, fill depressions, roughly grade the surface and, at
the Grantee's sole option,pave the Access Area for the purpose of constructing an access
road. The Grantee shall have all other rights and benefits necessary or convenient for the
full enjoyment or use of the rights and easements herein granted, including but not
limited to the right to enter upon,travel and transport materials and equipment over and
upon the Access Area. Subject to the rights of Grantee set forth herein, Grantee shall,
however,not exercise such rights or use said easements in such manner as prevents
Grantor from having access to Grantor's property. Grantee and Grantor also agree that if
the Grantor determines that the Access Area requires relocation at some future time, (i)
such relocation shall be done at no cost to Grantee and(ii) Grantor and Grantee shall
negotiate in good faith such agreements as necessary to relocate the rights and easements
as set forth herein to the future Access Area location.
The Grantor hereby reserves the right to use the Access Area for any purposes
which, in the opinion of the Grantee, (i) do not interfere with the exercise of any of the
rights and/or easements herein granted, and/or(ii) do not create a hazard.
The Grantor, by its granting of said easements and rights, and the Grantee, by its
acceptance of same,hereby acknowledge, covenant and agree for themselves and their
respective heirs, successors and assigns as follows:
(a) the easements and other rights granted herein are intended to be
permanent rights and easements for the benefit of Grantee, its successors
and assigns, and are to be fully apportionable and fully assignable or
transferable, all or in part, without the need of any consent of the Grantor
or the Grantor's heirs, successors and assigns;
(b) the Grantor shall not erect any building or structure on,place or
store any materials on, obstruct, grade, excavate, fill or flood the Access
Area, or otherwise use the Access Area in any manner which, in the
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STATE OF CONNECTICUT)
) ss:
COUNTY OF HARTFORD )
On this the day of , 2017,before me,the undersigned
officer,personally appeared, Matthew Galligan, Town Manager,known to me(or
satisfactorily proven)who subscribed to the within instrument and acknowledged that he
executed the same for the purposes therein contained and as his free act and deed and on
behalf of the Town of South Winsor.
In witness whereof I hereunto set my hand and official seal.
Commissioner of the Superior Court
Notary Public
My Commission Expires:
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