HomeMy WebLinkAbout23SUB1 958 Route 163 - Driveway Easement Rec'd 11-10-23EASEMENT
TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING:
KNOW YE, THAT THE NEVAR COMPANY, a Connecticut corporation, with a principal
place of business in the Town of Cheshire, County of New Haven and State of Connecticut
(hereinafter called the "Grantor"), the owner of all those certain pieces or parcels of land located in
the Town of Montville, County of New London and State of Connecticut, shown on that certain map
entitled:
“PROJECT: PROPOSED 1-LOT RESUBDIVISION OF 958 ROUTE 163 (PARCEL ID :
046-008-000)OAKDALE, CONNECTICUT JULY 17, 2023 SHEET TITLE SUBDIVISION
PLAN (SHEET 1 OF 2) SHEET #: 1.11", Plan Date 07/17/23, scale 1"=60", prepared by
Solli Engineering, 501 Main Street, Monroe, CT 06468, 11 Vanderbilt Ave, Norwood, MA
02062;
which map is on file in the Montville Town Clerk’s office, does hereby bargain, sell, convey, transfer
and deliver unto RAYMOND B. MOSTOWY SR. & SHIRLEY D. MOSTOWY, of the Town
of Montville, County of New Haven and State of Connecticut (hereinafter referred to as Grantees),
an exclusive, perpetual easement over a portion of the Grantor's property shown on said Map as:
"PROPOSED DRIVEWAY EASEMENT OVER LOT 1 (958 ROUTE163 / 046 - 008 - 000)
BENEFITTING THE PROPERTY OF 968 ROUTE 163 (SEE EASEMENT ENLARGEMENT
HEREON)AREA = 2,967 ± SF”, as more particularly bounded and described on Schedule “A”
attached hereto; for the purpose of ingress and egress to and from the Grantees’ property known as
968 Route 163, Montville, Connecticut, which property is described in Schedule “B,” attached hereto
and made a part hereof, including the right of repair, replacement and maintenance of the driveway
currently existing within said easement area. Provided, however, that any work hereby authorized
shall be done in a good and workmanlike manner, and after said work is performed, the premises
described herein shall be placed in as good condition as they were immediately before the
performance of said work as nearly as practicable.
Notwithstanding the foregoing, the Grantor reserves to itself, its successors and assigns, the
right to cross the land over which the easement is granted to access the rear portion of the Grantor’s
property, provided that the Grantor shall not construct a driveway within the easement area, nor
interfere with the use thereof by the Grantees, their heirs and assigns as permitted hereunder.
The purpose of this instrument is to grant a permanent driveway easement to the Grantees,
to run with the land and inure to the benefit of the Grantees and all subsequent owners of 968 Route
163, Montville, Connecticut, their heirs, successors and assigns, and all persons claiming under
them.
IN WITNESS WHEREOF, THE NEVAR COMPANY has hereunto set its hand this _____
day of November, 2023.
THE NEVAR COMPANY
BY
DEAN B. FISKE
Its President
\
STATE OF CONNECTICUT )
)ss:Cheshire
COUNTY OF NEW HAVEN )
On this, the _____ day of September, 2023, before me, the undersigned officer, personally appeared DEAN
B. FISKE who acknowledged him/herself to be the President of THE NEVAR COMPANY, a corporation, and that
he/she, as such, being authorized so to do, executed the foregoing instrument for the purposes contained therein by
signing the name of the corporation by him/herself as President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Commissioner of the Superior Court
Notary public
My commission expires:
SCHEDULE “A”
EASEMENT AREA
Commencing at a concrete bound in the westerly street line of Connecticut Route #163 at the
northeasterly corner of the land of Lot 1 (958 Route 163 / 046 - 008 - 000) and on the dividing line
between Lot 1 (958 Route 163 / 046 - 008 - 000) and remaining land now or formerly of Raymond
and Mary J. Mostowy; thence running S85°30"24"W for a distance of fifty and 92/100 feet (50.92')
to a point and place of beginning (set rebar);
Thence running S85°25'32"W for a distance of ten and 00/100 feet (10.00') to a point;
Thence running N04°34'28"W for a distance of ninety four and 41/100 feet (94.41') to a point;
Thence running N64°13'58"W for a distance of thirty five and 01/100 feet (35.01') to a point;
Thence running S85°44'19"W for a distance of one hundred and eighteen and 60/100 feet (118.60')
to a point;
Thence running N00°00'00"E for a distance of ten and 03/100 feet (10.03') to a point;
Thence running N85°44'19"E for a distance of one hundred and fifty eight and 02/100 feet (158.02')
to a set rebar;
Thence running S04°34'28"E for a distance of one hundred and twenty one and 88/100 feet (121.88')
to the point and place of beginning (set rebar), containing 0.068± acres of land.
SCHEDULE “B”
GRANTEES’ PROPERTY
A certain tract or parcel of land, together with the buildings and improvements thereon, if any,
situated on the Westerly side of Connecticut Route #163 in the Town of Montville, County of New
London and State of Connecticut and being more particularly shown on a certain plan entitled
"Mostowy Subdivision Property of Raymond & Mary J. Mostowy Owner and Subdivider Route 163
Montville, Connecticut Date: 2-6-89 Revision 4-7-89 Scale: 1"=40' King & Mullen Land Surveyors
152 Route 163 Uncasville, Conn. A-89-022-20", which premises are more particularly bounded and
described as follows:
Beginning at a monument to be set in the Westerly street line of Connecticut Route #163 at the
Southeasterly corner of the herein described tract and on the dividing line between the herein
described tract and remaining land now or formerly of Raymond and Mary J. Mostowy, said
monument further being located North 02°44'15" East 11.83 feet from a CHD monument found in
the Westerly street line of Connecticut Route #163; thence running North 87°15"45" West for a
distance of 50.00 feet to an angle point; thence running North 02°44'15" East for a distance of 121.92
feet to an angle point; thence running North 87°00'43" West for a distance of 664.69 feet to an angle
point; thence running North 01°36'59" East for a distance of 30.00 feet to an iron pipe set at a stone
wall corner; thence running North 12°20'28" West for a distance of 73.64 feet along a stone wall to
an angle point; thence running North 06°36'40" West for a distance of 72.00 feet along a stone wall
to an angle point; thence running North 12°44'19" West for a distance of 580.93 feet along a stone
wall to a drill hole set at a stone wall corner; thence running North 88°47'52" East for a distance of
28.09 feet along a stone wall to an angle point; thence running South 71°59'02" East for a distance
of 223.51 feet in part along a stone wall to an angle point, the last nine courses being bounded by
remaining land now or formerly of Raymond and Mary J. Mostowy; thence running South 75°15'30"
East for a distance of 203.26 feet along a stone wall to an iron pipe set at a stone wall junction
bounded Northeasterly in part by said Mostowy land and in part by land now or formerly of Doris
H. Goodwin; thence running South 05°46'15" West for a distance of 599.45 feet along a stone wall
to a stone wall corner; thence running South 88°31107" East for a distance of 104.29 feet along a
stone wall to an angle point; thence running North 83°57'38" East for a distance of 59.54 feet along
a stone wall to an angle point; thence running South 72°44'18" East for a distance of 43.20 feet along
a stone wall to an angle point; thence running South 85°32'26" East for a distance of 175.65 feet in
part along a stone wall to an angle point; thence running South 85°03'32" East for a distance of
109.99 feet in part along a stone wall to an iron pipe to be set in the Westerly street line of
Connecticut Route #163 at Connecticut Grid Coordinates North 236232.4595, East 761144.1078,
the last six courses being bounded by a parcel shown on said plan as "N/F Remaining Land of
Raymond & Mary J. Mostowy to be Conveyed to Thomas E. & Helen G. Johnson"; thence running
South 02°44'15" West for a distance of 150.00 feet bounded Southeasterly by Route #163 to the
monument to be set at the point and place of beginning.
Reference is hereby made to a Warranty Deed from Raymond B. Mostowy Sr. and Shirley A.
Mostowy to Raymond B. Mostowy, Sr. and Shirley A. Mostowy dated February 16, 2005 and
recorded on February 22, 2005 at Volume 459, Page 49 of Montville Land Records.