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BRADY, WILLARD &ALEXANDCER,.--'
ATTORNEYS AT LAW
SUITE 400
330 ROBERTS STREET
EAST HARTFORD,CONNECrICUT 06108
AREA CODE 203
GERALD W.BRADY
5477
RICHARD C.WILLARD TELEPHONE 2
TELECOPIER 291-91-92829282
RALPH J.ALEXANDER
SHAUN K.M.JONES
August 3, 1989
Michael J. Gantick, Director
South Windsor Public Works Department
1540 Sullivan Avenue
South Windsor, CT 06074
RE: David Yu - Drainage and Sewer Easement
Dear Mike:
I have received the material you have sent to me regarding the above-referenced
matter. Please provide me with the following additional information:
1. A map showing the original drainage easement as approved by the Town
including a description of the drainage structure that was to be constructed there
(i.e. swale, pipe or combination of these).
2. In addition, please send me with a copy of the map showing the location
of the easement as referenced to in the easement documentation from Clark Realty,
- a copy of which is enclosed.
Furthermore, please confirm whether or not it was Mr. 'Yu who requested JMJ to
extend the pipe to its present location. Also, please confirm whether or not there
is rip rap located at the end of the pipe as it is presently situated and whether said
rip rap is in accordance with Town specifications.
Very trul yours,
Ralph J. Alexander
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DRAINAGE AND SEWER EASEMENT
KNOW ALL MEN BE THESE PRESENTS, that CLARK REALTY, INC., a Connecticut
corporation having a principal place of business in the Town of South
Windsor, County of Hartford
and State of Connecticut, for NO CONSIDERATION
PAID received to its full satisfaction of the TOWN OF SOUTH WINDSOR, a
municipal corporation chartered under the laws of the State of Connecticut,
do give, grant bargains g , sell and confirm unto the said TOWN OF SOUTH
i WINDSOR, its successors and
assigns forever, a perpetual right to lay,
install, maintain, inspects operate, construct, use, alter, repair, replace
in and remove a storm water or storm sewer line, storm water or storm sewer
anpipe, or storm water or storm sewer drainage system and appurtenances
thereto, in through, upon and over a certain piece or parcel of
o situated westerly of Clark Str��et in land
� . the Town of South Windsor, County of
Hartford and State of Connecticut being shown and designated as "DRAINAGE
EASEMENT" on Lot Nos. 44 and 45 all as shown on two maps entitled "OPEN
cJc SPACE SUBDIVISION A-20 ZONE
aCC o p LOT PLAN SECTION 2 PLEASANT VALLEY HOMES II
a SOUTH WINDSOR, CONN. REINO E
' 1i7YPPA 6 ASSOCIATES CIVIL ENGINEERS & LAND
SURVEYORS GLASTONBURY, CONN.
° " SCALE 1" 40' DATE 6-4-85 MAP N0.43-80-1I
u REV. 10-10-85 FOR P 6 2 APPROVAL SHEET 2 OF 12 SHEETS and SHEET 3 OF 12
SHEETS" which maps are on file
= in the South Windsor Town Clerk's Office to
Y which reference may be had.
u
0
r Within said parcel above
described, the Grantee, its successors and
assigns, shall have the right g tt, cut trees and bushes as may be convenient
s or necessary and to remove str�
_ lctures thereon, and to pass and repass with
men and equipment, to operate e•
e luipment and install materials incidental to
the construction oz suiu storm
eater or storm sewer line, storm sewer pipe,
� or storm water or storm drainH
o K.4
system and to excavate and fill, and, if
a necessary, to alter existin
K ;rater course or form embankments over said
storm water or storm sewer lines, storm water or storm sewer pipe, or storm
water or storm sewer drainage system.
The Grantor herein, for Itself, its successors and assigns, shall not
erect or allow to be erected
:ir,y large structures on said easements or
rights-of-way and shall not p 1:!r,t or allow to be planted or grown any trees
thereon or perform any work thefoon within said easement or right-of-wa
which may endanger or interfere y
with said line, pipe or drainage system.
fl
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2" ::
The Grantor herein, for itself, its successors and assigns, reserves
the right to itself, its successors and assigns , to continue to use the
land within which the aforesaid easements or rights—of—way have been
granted for any uses and purposes which shall not in any way interfere with
the use thereof by the Grantee, its successors and assigns, in fulfilling
the purpose for which these easements or rights—of—way are granted.
The Grantee herein, for itself, its successor and assigns, agrees to
restore to and maintain said premises in their original condition as nearly
nas possible commensurate with the Above use upon the completion of any
A maintenance, operation, construction, replacement or repair work in said
= easement or right—of way areas.
TO HAVE AND TO HOLD, the above granted rights, privileges, and
authorities unto the said Grantee, its successors and assigns forever, to
it and their own proper use and behoof.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal
N this 21 day of August 1986.
J
Signed, sealed and delivered
; ^ in the p sence of: RK E TY INC
JO �
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R o LeFo11 ,r aL
i can M Jacq ed, P sident
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/vt v R E L 4,gC
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= STATE OF CONNECTICUT)
as. South Windsor 1986
COUNTY OF HARTFORD ) August 21 •
Personally appeared, JEAN MARC JACQUES, President of Clark Realty,
wo Inc., as aforesaid, signer of the foregoing instrument, and acknowledged
the same to be his free act and deed as such President and the free act and
deed of said corporation, before me.
0
r
J_
o aAGWd G. L e F r
Co issioner of Superior Court
R
SOVI N SC,(
s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
R•co�'`�w AREA CODE 203/644-2511
M E M 0 R A N D U M March 21, 1989
TO: Richard J. Sartor, Town Manager
FROM: Michael J. Gantick, Director of Public Works
SUBJECT: DAVID H. YU, 39 SALLY DRIVE/DRAINAGE CONCERN /
Attached please find a review report regarding the subject
complaint. As recently as last week, this matter was again
reviewed with Mr. Jacques and his engineer. It appears that when
the subdivision was approved, the storm drainage pipe would have
ended where the CB is shown between lots 44 and 45 (see map) .
From this, storm water would have been conveyed via an open
swale. During construction of Mr. Yu's house, (lot 44) , it
appears he requested that the pipe be extended. JMJ extended the
pipe to the rear of his property.
At this time, although some stabilization of the outlet area is
warranted, extending the pipe to the rear property line would not
be needed from an engineering point of view. To extend the pipe
would require a significant removal of trees and extensive
filling.
MJG:bmr
Attachments
Ow% Sf,
oO-P S-Ottm ?dblul&>t
U
s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
soR code'`` AREA CODE 203/644-2511
February 15, 1989
M E M O R A N D U M
TO: Michael J. Gantick, Director of Public Works
FROM: Jerry C. Iazzetta, Town Engineer �►
RE: David H. Yu, 39 Sally Drive
I have reviewed Mr. Yu's letter of January 20, 1989 concerning
his complaints about the drainage pipe in his rear yard and have
gathered some background information on this matter as follows:
1 . In October/November 1988, after complaints from Mr.
Yu, JMJ Construction made a proposal to extend the
existing pipe approximately 15 feet and install new
riprap at the end. A plan was prepared ( see partial
copy attached) and was rejected by Mr. Yu. He told
JMJ that he wanted the pipe to extend to the rear edge
of his property line.
2 . JMJ told Mr. Yu that they would not extend this pipe
to the edge of the property line.
3 . At the present time the existing 18" RCP is only
partially within an easement granted to the town.
Apparently JMJ placed this pipe to placate the owner
and failed to grant an additional easement. I will
follow up and request this easement.
4 . The area in question at the rear of this property is
wetlands and as such any work must be approved in
advance by the Wetlands Commission. Mr. John
McCahill, Wetlands Enforcement Officer has indicated
that he feels the Commission will not approve Mr. Yu's
requested extension of the oipe.
i
Page 2 .
Mr. Michael J. Gantick
RE: David H. Yu, 39 Sally Drive
5 . I understand that Mr. Yu is concerned that the
drainage work on the other side of Sally Drive will
have an adverse impact upon his property. These
improvements will not impact the flow in the pipe on
Mr. Yu' s property.
6 . The pooling of water mentioned in Mr. Yu' s letter is
apparently the result of silt formation on the riprap
and of children placing rocks in the stream such that
a mini dam is created.
Any action we may ask the contractor to take should be predicated
on obtaining the additional easement area. I do not believe it
to be feasible to extend the .18" RCP to the edge of Mr. Yu's
property. A simple solution could be to clean up the outflow
area and replace the riprap. Another viable solution is that as
proposed by JMJ in October/November 1988, as long as they provide
the Town the additional easements so that we can maintain the
system.
I hope this is sufficient to put this problem to rest.
JCl/jsv
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January 201 1989
To : Mayor of Town of South Windsor
From : David H Yu of 39 Sally Drive
Subject : Water drainage problem
Dear Mayor ,
The undersigned , David H Yu of 39 Sally Drive, requests your concern
about the water drainage problem on my propery .
There is a drainiage well which located in my front lawn, approx. 40
feet southeast from my house. In this well , there are 4 water drainage pipes
that are coming from all different directions to this well and only one 18'
RCCE concrete pipe, which end is sticking out and laying on my land , approx . 2f
feet southwest from the patio in rearside of my house. Due to the water keeps
flowing in and difficultly goes away, it has created a mess; odors; small
poision animals and specially if when a heavy rain falls it would generates a
small lake in that area. I understand that the Town Government has the right fo
all kind of easements but in this case the drainage pipe should be buried in t--
ground and extended off to my property line.
As a tax payer I urgently request you would consider the health and safet\
of the resident specially for the younger kids in the neighborhood and the
appearance of the Town of South Windsor as well , to instruct the builder to
extend the drainage
` pipe by 100 feet . Since there is 175 feet to my property
line and another 100 feet to the pond .
Attached is a copy of the letter to REINO E.HYYPA & ASSOCIATES.
Your consideration for this matter would be a greatly appreciated .
Sincepsly yours,
RECRO
TM it IL WA*W
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