HomeMy WebLinkAbout24SUB2-Driveway Easement (Lots 9 & 10)
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Heller, Heller & McCoy
736 Norwich-New London Turnpike
Uncasville, CT 06382
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DECLARATION OF JOINT DRIVEWAY EASEMENT AND MAINTENANCE
AGREEMENT
LOTS 9 AND 10 BLACK ASH ESTATES RESUBDIVISION
This Declaration, 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, Declarant is the owner of two (2) certain tracts or parcels of land, which
tracts or parcels of land are more particularly designated as Lots 9 and 10 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, said Lots 9 and 10 (hereinafter referred to as the “Lots”) are situated on the
southerly side of Old Colchester Road in the Town of Montville, County of New London and State
of Connecticut; and
WHEREAS, the resubdivision of the Black Ash Estates Resubdivision contemplates that
the Lots will obtain access and utilities from Old Colchester Road by virtue of an easement over
and across a portion of Lot 10 as shown on the Plan; and
WHEREAS, the Declarant desires to establish a joint driveway for access to the Lots and
for the provision for the extension of utilities from Old Colchester Road for the benefit of the Lots
over a portion of Lot 10 as shown on the Plan; and
WHEREAS, the Declarant desires to allocate the responsibility by and between the
Owners of the Lots for the improvement and maintenance of the joint driveway and utilities
installed within the limits of the joint 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 non-exclusive right of way for all purposes is hereby granted, bargained, sold and
conveyed to the owner of Lot 9, as delineated on the Plan, their heirs and assigns, over and
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across a portion of Lot 10 as shown on the Plan, which right of way is more particularly
bounded and described as follows:
Beginning at a monument found in the southerly 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
northeasterly corner of Lot 10 as shown on the Plan and on the dividing line between Lot
10 as shown on the Plan and land now or formerly of Richard J. George and Katherine A.
George as shown on the Plan; thence running South 28°01’41” West for a distance of
123.19 feet to a point; thence running South 30°31’20” West for a distance of 135.28 feet
to an iron pipe/pin to be set, the last two (2) courses being bounded southeasterly by said
George land; thence running North 59°28’40” West for a distance of 20.00 feet bounded
southwesterly by Lot 9 as shown on the Plan to a point; thence running North 30°31’20”
East for a distance of 50.00 feet to a point; thence running North 59°28’40” West for a
distance of 20.00 feet to a point; thence running North 30°31’20” East for a distance of
50.00 feet to a point; thence running South 59°28’40” East for a distance of 20.00 feet to a
point; thence running North 30°31’20” East for a distance of 34.85 feet to a point; thence
running North 28°01’41” East for a distance of 120.27 feet to a point in the southerly 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
720.00 feet for a distance of 20.15 feet bounded northerly 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 monument found at the point and beginning of said easement area.
TO HAVE AND TO HOLD the same to the owner of Lot 9 as shown on the Plan, their
heirs and assigns forever.
2. The Declarant shall be responsible for the cost of construction of the joint driveway from
the southerly streetline of Old Colchester Road to the southerly terminus of the joint
driveway as delineated on the Plan. The common driveway shall be constructed to a
minimum width of fifteen (15’) feet and shall be constructed in accordance with the “15’
Common Driveway Detail” as depicted on a plan entitled “Notes & Details 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: None Sheet 10 of 12 Map No. 23-024-1N Wentworth Civil Engineers LLC 177 West
Town St. Lebanon, CT 06249 Tel. (860) 642-7255 Fax (860) 642-4794 Web:
wentworthcivil.com” (hereinafter the “Detail Plan”) and shall further construct the
proposed rain garden on Lot 10 in accordance with the detail entitled “Rain Garden
Section” depicted on the Detail Plan.
3. 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
deemed to incorporate the rights and obligations set forth herein into each such deed of
conveyance.
4. The grant of right of way in favor of Lot 9 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,
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over, upon and across the right of way area herein described; and the right to install and
connect to utility lines located under or within the joint driveway; and the right to install a
private driveway serving a Lot connecting to the joint driveway.
5. Each owner of the Lots shall cooperate fully in granting any easements required by public
utility companies and/or the Town of Montville Water Pollution Control Authority to effect
the installation of telephone, electric, cable television, water and/or sewer service lines to
provide utility service to the Lots. The obligations contained in this paragraph shall include,
but shall 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.
6. Each owner of the Lots shall be responsible for the maintenance and upkeep of the joint
driveway, including the utilities installed within the same, and the rain garden to
accommodate driveway runoff on Lot 10 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, and
periodic removal of debris and detritus from the rain garden. Decisions as to the necessity
of maintenance and upkeep, and the cost to be incurred with respect thereto, shall be made
in accordance with Paragraph 8 of this Declaration.
7. Any damage to the joint driveway and/or rain garden caused by construction on any of the
Lots, including damage caused by construction of a private driveway serving a Lot from
the joint 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.
8. “Pro Rata Share”, as defined herein, shall mean:
(a) With respect to Lot 9 – 88%
(b) With respect to Lot 10 – 12%
9. Notwithstanding anything herein contained to the contrary, no lot owner shall have an
obligation to contribute to the cost of maintenance and upkeep of the common driveway
until such time as said lot owner constructs a single family dwelling house on such lot.
10. This Declaration creates real, but private, covenants which are intended to run with the title
to the Lots. 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 common driveway shall remain private at all times; and that the Town
of Montville shall not be required to plow, maintain, assume ownership of, or provide
school bus service or other services, other than emergency services, along the common
driveway.
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11. This Declaration may be modified or changed by an agreement in writing between the
owners of the Lots, 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 10 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
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