HomeMy WebLinkAbout24SUB2-Driveway Easement Rev (Lots 1 & 3)
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736 Norwich-New London Turnpike
Uncasville, CT 06382
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DECLARATION OF JOINT DRIVEWAY EASEMENT AND MAINTENANCE
AGREEMENT
LOTS 1 AND 3 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 1 and 3 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 1 and 3 (hereinafter referred to as the “Lots”) are situated on the
northerly side of Black Ash 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 Black Ash Road by virtue of an easement over and across
portions of the Lots 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 Black Ash Road for the benefit of the Lots over a
portions of Lots 1 and 3 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, the utilities installed within
the limits of the joint driveway and the infiltration trench to manage stormwater runoff;
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 3, as delineated on the Plan, their heirs and assigns, over and across a
portion of Lot 1 as shown on the Plan, which right of way is more particularly bounded and
described as follows:
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Beginning at an iron pin to be set in the northerly line of Black Ash Road at the southwesterly
corner of Lot 1 as delineated on the Plan and on the division line between Lot 1 and Lot 2 as
delineated on the Plan; thence running North 07°43’43” East for a distance of 267.09 feet
bounded northwesterly by Lot 2 as shown on the Plan to an iron pin to be set; thence continuing
North 07°43’43” East for a distance of 75.39 feet to a point; thence running South 82°16’17”
East for a distance of 25.00 feet to a point on the division line between Lots 1 and 3 as shown
on the Plan; thence running South 07°43’43” West for a distance of 342.28 feet along the
division line between Lots 1 and 3 as delineated on the Plan to an iron pin to be set in the
northerly line of Black Ash Road; thence running North 82°16’17” West for a distance of 25.00
feet bounded southerly by Black Ash 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 3 as shown on the Plan, their heirs
and assigns forever.
2. A non-exclusive right of way for all purposes is hereby granted, bargained, sold and conveyed
to the owner of Lot 1, as delineated on the Plan, their heirs and assigns, over and across a
portion of Lot 3 as shown 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 northerly line of Black Ash Road at the southeasterly
corner of Lot 3 as shown on the Plan and on the division line between Lots 3 and 4 as delineated
on the Plan; thence running North 82°16’17” West for a distance of 25.00 feet bounded
southerly by Black Ash Road to an iron pin to be set; thence running North 07°43’43” East for
a distance of 342.48 feet along the division line between Lots 1 and 3 as shown on the Plan to
a point; thence running South 82°16’17” East for a distance of 25.00 feet to a point; thence
running South 07°43’43” West for a distance of 75.39 feet to an iron pin to be set at the
northwesterly corner of Lot 4 as shown on the Plan; thence continuing South 07°43’43” West
for a distance of 267.09 feet bounded easterly by Lot 4 as shown 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 1 as shown on the Plan, their heirs
and assigns forever.
3. The Declarant shall be responsible for the cost of construction of the joint driveway and
infiltration trench from the northerly streetline of Black Ash Road to the northerly 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. No. 1 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 infiltration trench in accordance
with a detail entitled “Infiltration Trench Detail” 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”.
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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
deemed to incorporate the rights and obligations set forth herein into each such deed of
conveyance.
5. All grants of right 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 located under or within the joint driveway; and the right to install a private
driveway serving a Lot connecting to the joint driveway.
6. 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.
7. Each owner of the Lots shall be responsible for the maintenance and upkeep of the joint
driveway, including the utilities installed within the same, 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, resurfacing and
removal of debris and detritus from the infiltration trench in accordance with the operations
and maintenance narrative on the Detail Sheet. 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 9 of this Declaration.
8. Any damage to the joint driveway 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.
9. “Pro Rata Share”, as defined herein, shall mean:
(a) With respect to Lot 1 – 50%
(b) With respect to Lot 3 – 50%
10. In the event that there is a deadlock between the owners of the Lots as to the necessity for
maintenance and repair and/or the cost to be incurred in conjunction therewith, such deadlock
shall be settled by arbitration in the City of New London, Connecticut, in accordance with the
rules then prevailing of the American Arbitration Association, and judgment upon the reward
rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator
shall have the power to allocate the cost of the arbitration against the non-prevailing party.
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11. 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.
12. 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.
13. 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 12 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