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HomeMy WebLinkAboutCGS 8-24 Priest Farm Eversource Easemt SSW N sf4 C.] U m Tau� O-P siou� V&U&ot 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 �r�Osox.co TELEPHONE (860) 644-2511 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 .10w" !e+` To� O-P S_aa� ?d&U&Ot s v 1540 SULLIVAN AVENUE.SOUTH WINDSOR,CT 06074-2786 �j�OsoR:co��,w AREA CODE 860/644,2511 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 1 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: 3