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Heller, Heller & McCoy
736 Norwich-New London Turnpike
Uncasville, CT 06382
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GRANT OF STORM SEWER EASEMENT AND RIGHTS TO DRAIN
KNOW ALL MEN BY THESE PRESENTS:
That RAND-WHITNEY REALTY LLC, a Delaware limited liability company registered to
transact business in the State of Connecticut (the “Grantor”) for the consideration of good and valuable
considerations received to its full satisfaction of the TOWN OF MONTVILLE, a municipal
corporation organized and existing pursuant to the laws of the State of Connecticut with an office and
principal place of business at 310 Norwich-New London Turnpike, in the Town of Montville, County
of New London and State of Connecticut (the “Grantee”) does hereby give, grant, bargain, sell and
convey to the Grantee a perpetual easement for purposes of utilizing, maintaining, repairing and
replacing storm sewer culverts and appurtenant structures together with the right to drain stormwater
collected in and discharged from structures constructed within said storm sewer easement area over
and across other lands of the Grantor in the natural drainage pattern as the same exists as of the date of
this grant.
Said storm sewer easement is located on the northeasterly side of Maple Avenue in the Town
of Montville, County of New London and State of Connecticut and is more particularly shown and
designated as “Proposed Drainage Easement (9,218 S.F. +/-)” on a certain map or plan entitled
“Property Survey Prepared For Rand-Whitney Realty LLC #375 Maple Avenue Montville,
Connecticut Project No. 25-065 Drawn By: R.A.D. Date: 6/17/25 Scale: 1” = 30’ Sheet 1 of 1
Advanced Surveys, LLC. 60 Terry Road, Griswold, CT 06351 Phone (860) 639-8928”, and which
storm sewer easement is more particularly bounded and described as follows:
Beginning at a point in the northeasterly line of Maple Avenue at the southwesterly corner of
the herein described storm sewer easement area, which point of beginning is located South 52°45’34”
East a distance of 82.61 feet from an iron pin set in the northeasterly streetline of Maple Avenue, as
shown on the above referenced plan; thence running North 39°22’29” East for a distance of 163.29
feet to an angle point; thence running North 40°17’56” East for a distance of 129.39 feet to the
centerline of a stone wall; thence running North 40°17’56” East for a distance of 51.34 feet to an angle
point; thence running North 73°23’24” East for a distance of 51.37 feet to an angle point; thence
running North 58°27’31” East for a distance of 46.57 feet to an angle point; thence running South
16°36’36” East for a distance of 44.00 feet to an angle point; thence running South 88°19’17” West
for a distance of 46.57 feet to an angle point; thence running South 73°23’24” West for a distance of
45.43 feet to an angle point; thence running South 40°17’56” West for a distance of 43.69 feet to the
center of a stone wall; thence running South 40°17’56” West for a distance of 130.94 feet to an angle
point; thence running South 39°22’29” West for a distance of 162.39 feet to the northeasterly line of
Maple Avenue; thence running North 52°45’34” West for a distance of 20.01 feet along the
northeasterly line of Maple Avenue to the point and place of beginning of said storm sewer easement
area.
The hereinbefore granted drainage easement is further granted together with the right to access
said storm sewer easement area, by foot or by vehicle, for purposes of maintaining, repairing and
replacing facilities constructed within the limits of said storm sewer easement area and at the outfall
of the storm sewer culvert.
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This Grant of Storm Sewer Easement and Rights to Drain is executed and delivered and the
easements hereinbefore set forth are granted upon the following terms and conditions, to wit:
1. Grantor shall design and install the storm sewer facilities in accordance with the design thereof
approved by the Town of Montville Planning and Zoning Commission. Subsequent to the
installation of said storm sewer facilities, Grantee shall be solely responsible for the
maintenance, cleaning, repair and replacement of all improvements constructed within the
limits of the storm sewer easement at its sole risk, expense and liability.
2. Grantee shall take all necessary steps to maintain the facilities constructed within the limits of
the storm sewer easement in good working order.
3. In effecting maintenance, cleaning, repair and replacement of improvements constructed
within the limits of the storm sewer easement, Grantee shall comply, and shall cause any and
all employees, representatives, contractors, consultants and others engaged by or through
Grantee to perform any and all activities provided for by this Grant of Storm Sewer Easement
and Rights to Drain in accordance with all applicable federal, state and local laws, rules,
regulations, ordinances, codes, permits, certifications, approvals, orders, decrees, judgments
and other pronouncements or directives having the force and effect of law, including, without
limitation, laws relating to the protection of workers, human health and the environment
(collectively, the “Laws”).
4. Grantee agrees that it will, as soon as practicable, after any maintenance, cleaning, repair or
replacement of structures constructed within the storm sewer easement area, remove all tools,
equipment and other property used by Grantee or its employees, representatives, agents,
consultants or contractors in connection with Grantee’s work. Grantee further agrees to restore
all property of the Grantor, including the storm sewer easement area, to a condition
substantially similar to the condition of the easement area prior to the commencement of such
maintenance, cleaning, repair or replacement. For purposes hereof, such restoration
requirements shall require that the disturbed areas be returned to the surface which existed prior
to the commencement of such maintenance, cleaning, repair or replacement.
5. The rights granted herein shall not be construed to interfere with or restrict the Grantor’s use
of the easement area. Grantee shall at all times use the storm sewer easement area in a
reasonable manner so as not to cause injury or waste to the property of the Grantor. Except as
expressly provided for in this Grant of Storm Sewer Easement and Rights to Drain, Grantor
expressly reserves all surface and subsurface rights with respect to the storm sewer easement
area.
6. Grantee shall maintain, during all periods of time during which Grantee, its employees,
representatives, agents or contractors are performing maintenance, cleaning, repair or
replacement of structures or facilities constructed within the limits of the storm sewer easement
area, or adjacent thereto, liability insurance with minimum single limit coverage of Five
Million and 00/100 ($5,000,000.00) Dollars.
7. Grantee agrees to and shall at all times indemnify, protect and save harmless the Grantor and
its affiliates, and all of their respective officers, directors, employees, agents and
representatives (collectively, “Grantor Indemnitees”) and further agrees to release and
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covenants not to sue Grantor Indemnitees from and against all costs, expense or liability
resulting from any and all losses, damages (including, without limitation, bodily injury and
property damage), detriments, suits, claims, demands and charges which Grantor may directly
or indirectly suffer, sustain or be subjected to by reason of or on account of the maintenance,
cleaning, repair or replacement of facilities constructed within the limits of the storm sewer
easement area or other activities of Grantee within the limits of the storm sewer easement area
or by reason of the failure on the part of the Grantee to perform any of its obligations contained
in this Grant of Storm Sewer Easement and Rights to Drain whether such losses or damages
be suffered or sustained by Grantor directly, or by its employees or invited guests, or be
suffered or sustained by other persons or corporations who may seek to hold Grantor liable
arising solely out offrom the activities of the Grantee in maintaining, cleaning, repairing or
replacing storm sewer facilities constructed within the limits of the storm sewer easement area.
Without limiting the foregoing, Grantee agrees that it shall be fully responsible for the acts and
omissions of its employees, agents, representatives, consultants, contractors and all other
individuals or entities who are acting for it or engaged in the performance of activities for the
maintenance, cleaning, repair or replacement of facilities located within the storm sewer
easement area.
8. Grantee shall provide Grantor with not less than ten (10) days prior written notice of the
commencement of any maintenance, cleaning, repair or replacement of storm sewer facilities
constructed within the limits of the storm sewer easement area. Each party shall designate
individuals who shall receive communications regarding operational matters, equipment,
scheduling of maintenance and the like. In performing any required maintenance, cleaning,
repair or replacement of the storm sewer facilities installed within the storm sewer easement,
the Grantee shall use reasonable best efforts not to interfere with the use and enjoyment of the
servient estate by the Grantor and/or its affiliates.
9. Grantee shall employ inspectors, watchmen and/or flagmen necessary to protect Grantee’s
operations within the storm sewer easement area during Grantee’s maintenance, cleaning,
repair or replacement of any facilities within the storm sewer easement area. Grantee agrees to
pay the full cost and expense of such inspectors, watchmen and/or flagmen.
10. The grant of easement contained herein is a covenant running with the lands of the Grantor and
shall be binding upon the Grantor, its successors and assigns, and all future owners and
occupants of the premises subject to the storm sewer easement. This grant of storm sewer
easement is limited to such rights as Grantor may have in the easement property, and is granted
without any warranty, expressed or implied.
11. Neither party hereto may assign this Grant of Storm Sewer Easement and Rights to Drain or
its rights or obligations hereunder without the prior written consent of the other party.
Notwithstanding the foregoing, upon notice to Grantee, Grantor may assign this Grant of Storm
Sewer Easement and Rights to Drain without the consent of Grantee to its parent corporation,
any subsidiary of its parent, any entity that purchases substantially allacquires a controlling
interest in the equity interest of Grantor, or that purchases substantially all of Grantor’s assets
or any entity that purchases substantially all of the easement area (or any portion thereof).
Nothing in this Grant of Storm Sewer Easement and Rights to Drain, expressed or implied, is
intended or shall be construed to confer upon any person or entity other than the parties, their
successors and permitted assigns, any right, remedy or claim under or by reason of this Grant
of Storm Sewer Easement and Rights to Drain.
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12. No delay or omission in the exercise of any right, power or remedy hereunder shall impair any
such right, power or remedy or be construed to be a waiver of any default or acquiescence
therein. No waiver of any provision hereof shall be effective except by written instrument
signed by both parties.
TO HAVE AND TO HOLD the hereinbefore granted storm sewer easement and rights to
drain to the said Grantee, the Town of Montville, its successors and assigns forever for the uses and
purposes, and on the conditions, hereinbefore described.
IN WITNESS WHEREOF, Rand-Whitney Realty LLC acting herein by Robert K. Kraft,
Manager of its ultimate managing member, Kraft Family Inc. has hereunto set its hand and seal this
___ day of ______________, 2025.
Signed, Sealed and Delivered
in the Presence of:
RAND-WHITNEY REALTY LLC
By: KRAFT FAMILY, INC., its ultimate
managing member
By: (L.S.)
Robert K. Kraft, its Manager
COMMONWEALTH OF MASSACHUSETTS )
) ss: Foxborough
COUNTY OF NORFOLK )
On this the ____ day of ___________________, 2025, before me, the undersigned officer,
personally appeared Robert K. Kraft, who acknowledged himself to be the Manager of Kraft Family,
Inc., ultimate managing member of Rand-Whitney Realty LLC, a limited liability company, and that
he as such Manager of the ultimate managing member of Rand-Whitney Realty LLC, being authorized
so to do, executed the foregoing instrument for the purposes therein contained and acknowledged the
execution of the same to be his free act and deed, as Manager of the ultimate managing member of
Rand-Whitney Realty LLC aforesaid, and the free act and deed of Rand-Whitney Realty LLC.
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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This Grant of Storm Sewer Easement and Rights to Drain has been accepted by resolution of
the Town Council of the Town of Montville on the terms and conditions hereinbefore set forth effective
as of the ___ day of ____________, 2025.
TOWN OF MONTVILLE
By: (L.S.)
Leonard G. Bunnell, Sr., its Mayor