HomeMy WebLinkAbout23SUB2-Old Colchester Rd-Driveway Easement (Lots 3 & 4)Return To:
Heller, Heller & McCoy
736 Norwich-New London Turnpike
Uncasville, CT 06382
DECLARATION OF JOINT DRIVEWAY EASEMENT AND MAINTENANCE
AGREEMENT
LOTS 3 AND 4 PINE GROVE SUBDIVISION
OLD COLCHESTER ROAD, MONTVILLE, CONNECTICUT
THIS DECLARATION is made this ____ day of ______________, 2023 by WATCH
HILL BUILDERS, LLC, a Connecticut limited liability company with an office and principal
place of business at 183 Quarry Road, in the Town of Milford, County of New Haven and State of
Connecticut (hereinafter the “Declarant”).
WITNESSETH:
WHEREAS, the Declarant is the owner of two (2) certain tracts or parcels of land, which
parcels of land are more particularly designated as Lots 3 and 4 (hereinafter, the “Lots”) on a
certain map or plan entitled “Property and Topographic Survey Pine Grove Subdivision Prepared
For D’Amato Brothers Builders Old Colchester Road Montville, Connecticut Date: 07/28/2023
Scale: 1” = 100’ Sheet: 3 of 8 Dwg. No.: 1 Bennett & Smilas Associates, Inc. 415 Killingworth
Road, P.O. Box 241 Higganum, Connecticut 06441 (860) 345-4553 Fax (860) 345-3858”
(hereinafter, the “Plan”);
AND WHEREAS, the Lots are located on the northeasterly side of a strip of land deeded
or to be deeded to the Town of Montville for the future widening of Old Colchester Road;
AND WHEREAS, the Declarant desires to establish a common driveway for access to the
Lots over portions of Lots 3 and 4 as shown on the Plan;
AND WHEREAS, the Declarant desires to allocate the responsibility by and between the
owners of the Lots for the maintenance, repair and replacement of the common driveway;
NOW, THEREFORE, in consideration of the recitals hereinbefore set forth, and the
mutual covenants contained herein, the said Declarant does hereby declare as follows:
1. A right of way for all purposes twenty-five (25’) feet in width is hereby granted, bargained,
sold and conveyed to the owner of Lot 4 as delineated on the Plan, their heirs and assigns,
over and across a portion of Lot 3 as delineated on the Plan, which right of way is more
particularly bounded and described as follows:
Beginning at an iron pin to be set in the northeasterly line of a strip of land deeded or to be
deeded to the Town of Montville for the future widening of Old Colchester Road at the
northwesterly corner of Lot 3 and the southwesterly corner of Lot 2 as shown on the Plan;
thence running North 59°38’50” East for a distance of 418.13 feet along the division line
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between Lots 2 and 3 as delineated on the Plan to an iron pin to be set; thence running
South 30°21’10” East for a distance of 25.00 feet to a point on the division line between
Lots 3 and 4 as delineated on the Plan; thence running South 59°38’50” West for a distance
of 418 feet, more or less, along the division line between Lots 3 and 4 as delineated on the
Plan to an iron pin to be set in the northeasterly line of a strip of land deeded or to be deeded
to the Town of Montville for the future widening of Old Colchester Road; thence running
along the arc of a curve to the left with a radius of 635.00 feet for a distance of 25.01 feet
bounded southwesterly by said strip of land deeded or to be deeded to the Town of
Montville for the future widening of Old Colchester Road to the iron pin to be set at the
point and place of beginning of said easement area.
TO HAVE AND TO HOLD the same to the Owner of Lot 4 as delineated on the Plan,
their heirs and assigns forever.
2. A right of way for all purposes twenty-five (25’) feet in width is hereby granted, bargained,
sold and conveyed to the owner of Lot 3 as delineated on the Plan, their heirs and assigns,
over and across a portion of Lot 4 as delineated on the Plan, which easement area is more
particularly bounded and described as follows:
Beginning at an iron pin to be set in the northeasterly line of a strip of land deeded or to be
deeded to the Town of Montville for the future widening of Old Colchester Road at the
southwesterly corner of Lot 4 and the northwesterly corner of Lot 5 as shown on the Plan;
thence running along the arc of a curve to the left with a radius of 635.00 feet for a distance
of 25.01 feet bounded southwesterly by said strip of land deeded or to be deeded to the
Town of Montville for the future widening of Old Colchester Road to an iron pin to be set;
thence running North 59°38’50” East for a distance of 418 feet, more or less, along the
division line between Lots 3 and 4 as delineated on the Plan to a point; thence running
South 30°21’10” East for a distance of 25.00 feet to an iron pin to be set at the northeasterly
corner of Lot 5 as delineated on the Plan; thence running South 59°38’50” West for a
distance of 418.13 feet bounded southeasterly by Lot 5 as delineated on the Plan to the iron
pin to be set at the point and place of beginning of said easement area.
TO HAVE AND TO HOLD the same to the Owner of Lot 3 as delineated on the Plan,
their heirs and assigns forever.
3. The Declarant shall be responsible for the cost of construction of the common driveway
from the northeasterly streetline of Old Colchester Road to the northeasterly terminus of
the common driveway as depicted on the Plan. The common driveway shall be constructed
in accordance with the “15’ Common Driveway Detail’ delineated on a plan entitled “Soils,
Notes & Details Pine Grove Subdivision Prepared For D’Amato Brothers Builders Old
Colchester Road Montville, Connecticut Date: 7/28/2023 Scale: None Sheet 8 of 8 Map
No. 22-013-1N Wentworth Civil Engineers LLC 177 West Town St. Lebanon, CT 06249
Tel. (860) 642-7255 Fax (860) 642-4794 Web: wentworthcivil.com”.
4. The deed of conveyance of each of the Lots shall be made together with and subject to the
rights of way herein set forth by reference to this Declaration, and such reference shall be
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deemed to incorporate the rights and obligations set forth herein into each such deed of
conveyance.
5. All grants of rights of way in favor of the Lots shall be deemed to include the non-exclusive
right and privilege to pass and re-pass, by foot or by vehicle, and for any lawful purpose,
over, upon and across the right of way areas herein described, and the right to install and
connect to utility lines, pipes and conduits located under or within the common driveway;
and the right to install a private driveway serving a Lot connecting to the common
driveway. No Lot owner shall block, either temporarily or permanently, any portion of the
common driveway.
6. Each owner of the Lots shall cooperate fully in granting any easements required by public
utility companies to effect the installation of telephone, electric, water, sewer and cable
television service lines to provide utility service to the Lots. The obligations contained in
this paragraph shall include, but not be limited to, the obligation to execute an “Electric
Distribution Easement” in standard Connecticut Light and Power Company d/b/a
Eversource Energy form in favor of The Connecticut Light and Power Company d/b/a
Eversource Energy in order to effect the installation of such utilities.
7. Each of the owner of the Lots shall be responsible for the maintenance and upkeep of the
joint driveway, including the utilities installed within the limits of the common driveway,
in accordance with his “Pro Rata Share” as hereinafter set forth. Upkeep and maintenance
shall include, but is not limited to, snow removal, removal of all trees or other obstructions,
pothole repair and resurfacing. Decisions as to the necessity of maintenance and upkeep,
and the cost to be incurred with respect thereto, shall be made with the approval of a
majority vote of the Pro Rata Shares attributable to the Lots. In the event that the Lot
owners cannot agree as to the necessity of upkeep, maintenance or repair, any Lot owner
shall have the right, at his sole cost and expense, to provide maintenance, upkeep or repair
to the common driveway.
8. Any damage caused to the common driveway by construction on any of the Lots, including
damage caused by construction of a private driveway serving a Lot from the common
driveway, or by reason of the installation of, or connection to utility lines, shall be repaired
by and the sole expense of the owner of the Lot causing such damage.
9. “Pro Rata Share”, as defined herein, shall mean:
(a) With respect to Lot 3 – 50%
(b) With respect to Lot 4 – 50%
10. In the event that any action is taken to enforce the provisions of this Declaration, the party
prevailing in such action shall be entitled to an award of costs and reasonable attorney’s
fees.
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11. This Declaration is intended to create real covenants which are intended to run with the
title to the Lots. This Declaration may be modified or changed by an agreement in writing
among the owners of the Lots, duly executed and recorded in the Montville Land Records.
IN WITNESS WHEREOF, Declarant has hereunto set its hand and seal the day and year
first above written.
Signed, Sealed and Delivered
in the Presence of:
WATCH HILL BUILDERS, LLC
By: (L.S.)
John C. D’Amato, Jr., its Member
STATE OF CONNECTICUT )
) ss: Montville
COUNTY OF NEW LONDON )
On this the ____ day of _______________________, 2023, before me, the undersigned
officer, personally appeared John C. D’Amato, Jr., who acknowledged himself to be a Member of
Watch Hill Builders, LLC, a limited liability company, hereunto duly authorized, signer and sealer
of the foregoing instrument and acknowledged the execution of the foregoing instrument to be his
free act and deed, as Member aforesaid, and the free act and deed of Watch Hill Builders, LLC.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Harry B. Heller
Commissioner of the Superior Court