HomeMy WebLinkAbout24SUB2-Drainage Easement (Lots 5, 6 & 7)
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Heller, Heller & McCoy
736 Norwich-New London Turnpike
Uncasville, CT 06382
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DECLARATION OF DRAINAGE EASEMENT AND RIGHTS TO DRAIN
LOTS 5, 6 AND 7 BLACK ASH ESTATES RESUBDIVISION
This Declaration of Drainage Easement and Rights to Drain (this “Declaration”) is made
this ___ day of _________________, 2024 by PACHAUG CAPITAL LLC, a Connecticut limited
liability company with an office and place of business at 7 Kelci Circle, in the Town of Griswold,
County of New London and State of Connecticut (hereinafter, the “Declarant”).
WITNESSETH
WHEREAS, the Declarant is the owner of three (3) certain tracts or parcels of land, which
tracts or parcels of land are more particularly designated as Lots 5, 6 and 7 on a certain map or
plan entitled “Title: Record Resubdivision Map Land Now Or Formerly Of Pachaug Capital LLC
Black Ash Road & Old Colchester Road Montville, Connecticut Date: August 22, 2023 Rev. No.
1 05/28/24 Town Review Comments By KJR Scale: 1” = 100’ Sheet: 3 of 12 Dwg. No.: 3 Bennett
& Smilas Associates, Inc. 415 Killingworth Road, P.O. Box 241 Higganum, Connecticut 06441
Phone (860) 345-4553 Fax (860) 345-3858” (hereinafter referred to as the “Plan”); and
WHEREAS, the installation of the driveway providing access and utilities to Lot 5 as
depicted on the Plan requires the installation of a cross-culvert for stormwater drainage purposes,
portions of which cross culvert, together with inlet and outlet protection are required to be installed
on portions of Lots 6 and 7 as depicted on the Plan; and
WHEREAS, the resubdivision of the Black Ash Estates Resubdivision contemplates that
Lots 6 and 7 will each grant a drainage easement to and in favor of Lot 5 as depicted on the Plan
for purposes of the installation, use, maintenance, repair and replacement of said drainage
facilities; and
WHEREAS, the resubdivision of the Black Ash Estates Resubdivision contemplates that
Lot 7 as depicted on the Plan will grant and convey general rights to drain stormwater over and
across Lot 7 in the natural drainage pattern as the same exists as of the date of this Declaration;
and
WHEREAS, the Declarant desires to establish an easement regime to legally support the
installation of said stormwater drainage facilities, the use, maintenance, repair and replacement
thereof and the rights to drain hereinafter declared; and
WHEREAS, the Declarant desires to allocate the responsibility by and among the owners
of Lots 5, 6 and 7 for the maintenance, repair and replacement of the stormwater drainage facilities
installed within the limits of and pursuant to the easements and rights granted in this instrument;
NOW, THEREFORE, in consideration of the recitals hereinbefore set forth, and the
mutual covenants contained herein, the said Declarant does hereby declare as follows:
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1. An easement is hereby granted, bargained, sold and conveyed to the owner of Lot 5 as
depicted on the Plan, their heirs and assigns, over and across a portion of Lot 6 as depicted
on the Plan for purposes of installing, utilizing, maintaining, repairing and replacing
stormwater drainage facilities, which easement area is more particularly bounded and
described as follows:
Beginning at an iron pin/pipe to be set at the northeasterly corner of Lot 6 as depicted on
the Plan and on the dividing line between said Lot 6 and Lot 5 as depicted on the Plan;
thence running North 82°16’17” West for a distance of 25 feet, more or less, along the
division line between Lots 5 and 6 as depicted on the Plan to a point; thence running South
07°43’43” West for a distance of 25 feet, more or less, to a point; thence running South
82°16’17” East for a distance of 25 feet, more or less, to a point on the division line between
Lots 5 and 6 as depicted on the Plan; thence running North 07°43’43” East for a distance
of 25 feet, more or less, along the division line between Lots 5 and 6 as depicted on the
Plan to the iron pipe/pin to be set at the point and place of beginning of said easement area.
TO HAVE AND TO HOLD the hereinbefore granted drainage easement to the owner of
Lot 5 as depicted on the Plan, their heirs and assigns.
2. A drainage easement for purposes of installing, utilizing, maintaining, repairing and
replacing stormwater drainage structures is hereby granted, bargained, sold and conveyed
by the owner of Lot 7 as depicted on the Plan to the owner of Lot 5 as depicted on the Plan,
their heirs and assigns, over and across a portion of Lot 7 as depicted on the Plan, which
easement area is more particularly bounded and described as follows:
Beginning at a point on the division line between Lots 5 and 7 as shown on the Plan, which
point of beginning of said easement area is located South 07°43’43” West a distance of 15
feet, more or less, from an iron pipe/pin to be set at the northwesterly corner of said Lot 7;
from said point of beginning thence running South 82°16’17” East for a distance of 25 feet,
more or less, to a point; thence running South 07°43’43” West for a distance of 25 feet,
more or less, to a point; thence running North 82°16’17” West for a distance of 25 feet,
more or less, to a point on the division line between Lots 5 and 7 as depicted on the Plan;
thence running North 07°43’43” East for a distance of 25 feet, more or less, along the
division line between Lots 5 and 7 as depicted on the Plan to the point and place of
beginning of said drainage easement area.
Said drainage easement is further conveyed together with the right to drain stormwater
collected and discharged from structures installed and maintained within the limits of the
hereinbefore granted drainage easement area over and across Lot 7 as depicted on the Plan
in the natural drainage pattern as the same exists as of the date of this conveyance.
TO HAVE AND TO HOLD the hereinbefore granted drainage easement to the owner of
Lot 5 as depicted on the Plan, their heirs and assigns.
3. The Declarant shall be responsible for the cost of construction of the drainage
improvements contemplated for installation within the limits of the hereinbefore granted
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drainage easements. The drainage improvements shall be constructed to the specifications
delineated on a plan entitled “Site Development Plan & Black Ash Estates Resubdivision
Prepared For Pachaug Capital, LLC Black Ash Road & Old Colchester Road Montville,
Connecticut Date: 8-22-23 Rev. 5/28/24 Town Comments Scale: 1” = 40’ Sheet 5 of 12
Map No. 23-024-1T 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 Lots 5, 6 and 7 shall be made together with and subject
to the rights of way and rights to drain herein set forth by reference to this Declaration, and
such reference shall be deemed to incorporate the rights and obligations set forth herein
into each such deed of conveyance.
5. The owner of Lot 5 as depicted on the Plan shall be solely responsible for the maintenance
and upkeep of the drainage improvements constructed within the limits of the drainage
easements granted in this Declaration. Upkeep and maintenance shall include, but is not
limited to, periodic removal of accumulated leaf litter, brush and detritus at the inlet and
outlet of said drainage structures, cleaning of the rip rap inlet and outlet protection and
repair of any scour occurring at the outlet of the drainage improvements.
6. This Declaration creates real, but private, covenants which are intended to run with the title
to Lots 5, 6 and 7 as depicted on the Plan. The resubdivision of Black Ash Estates was
approved by the Town of Montville Planning and Zoning Commission with the intent and
understanding that all rights in and to the drainage improvements authorized hereunder
shall remain private at all times; and that the Town of Montville shall not be required to
maintain, repair or replace any such drainage improvements.
7. This Declaration may be modified or changed by an agreement in writing among the
owners of Lots 5, 6 and 7 as depicted on the Plan, duly executed and recorded in the
Montville Land Records; provided, however, that no such amendment shall be filed to
modify or amend the covenants and agreements of the Declarant memorialized in
Paragraph 6 of this Declaration.
IN WITNESS WHEREOF, Pachaug Capital LLC, acting herein by Zachary Wood, its
Member, has hereunto set its hand and seal effective as of the day and year first above written.
Signed, Sealed and Delivered
in the Presence of:
PACHAUG CAPITAL LLC, a Connecticut
limited liability company
By: (L.S.)
Zachary Wood, its Member, duly authorized
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STATE OF CONNECTICUT )
) ss. Montville
COUNTY OF NEW LONDON )
On this, the ____ day of __________________, 2024, before me, the undersigned officer,
personally appeared Zachary Wood, who acknowledged himself to be the Member of Pachaug Capital
LLC, a limited liability company, hereunto duly authorized, signer and sealer of the foregoing
instrument and acknowledged the execution of the same to be his free act and deed as Member
aforesaid, and the free act and deed of Pachaug Capital LLC.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Harry B. Heller
Commissioner of the Superior Court