Planning and Zoning Commission (linked)

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CONSERVATION EASEMENT AGREEMENT
The purpose of a Conservation Easement is to protect in perpetuity significant natural features and to minimize 
the environmental impact of activities associated with land development within the City of New London, 
Connecticut.
It is the responsibility of the property owner to be fully aware of all of the conditions contained in the 
Conservation Easement Agreement as expressed below.  The City of New London will vigorously enforce the 
conditions established herein.
THIS INDENTURE made this          day of                                , 2023  , by and between  Kingstown Properties, 
LLC  of the City of Norwich, County of   New London, and State of Connecticut, hereinafter called 
“GRANTOR,” and the City of New London, a municipal corporation having its territorial limits within the 
County of New London, and State of Connecticut, hereinafter called “GRANTEE.”
WITNESSETH:
WHEREAS, the Grantor is the owner of real property, hereinafter described, situated partially in the Town of 
Waterford and partially in the City of New London, County of New London, and State of Connecticut, which 
Grantee, acting through their respective Planning and Zoning Commissions, has determined would be in the 
public interest to retain, maintain and conserve in its natural state; and
WHEREAS, the Grantee, acting through their respective Planning and Zoning Commissions, has determined 
that the maintenance and conservation of the said property of the Grantor can best be accomplished by the 
securing by Grantee of a conservation easement over, across, and upon the said property of Grantor; and
WHEREAS, the Grantor is willing, in consideration of One Dollar ($1.00), receipt of which is hereby 
acknowledged, and of possible reduction by Grantee of real property taxes on said property, to grant to said 
Grantee the easement and covenants as hereinafter expressed concerning said property, thereby providing for its
maintenance and conservation.
NOW THEREFORE, said Grantor does hereby give, grant, bargain, sell and confirm unto said Grantee, its 
successors and assigns forever, the right, privilege and authority as a Conservation Easement Agreement to 
perpetually preserve, protect, limit, conserve and maintain the land hereinafter described in its present natural 
condition.  All covenants contained herein are deemed to run with the land.

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Said Grantor further covenants and agrees to provide notice by Certified Mail to the last known address of any 
person or entity who hereafter shall have any possessory interest in the subject property, including but not 
limited to any tenant, heir, successor, or assign, of a Certified Copy of the Conservation Easement Agreement.  
Failure of said Grantor to provide such notice shall not constitute any waiver of Grantee’s rights herein.
Said premises subject to this Conservation Easement Agreement, hereinafter called “THE CONSERVATION 
EASEMENT AREA” are described as follows [or are described as shown on the attached Schedule A]:
[description based on final map]
Said premises are delineated on the following map filed on the Waterford and New London Land Records:
[final Map title]
I.
PROHIBITIONS
GRANTOR FURTHER COVENANTS AND AGREES TO PROHIBIT AND REFRAIN FROM THE 
FOLLOWING ACTIVITIES UNDER, OVER, OR UPON THE CONSERVATION EASEMENT AREA:
1.
The construction or placing of buildings, roads, signs, billboards or other advertising, or other structures 
on or above ground;
2.
The dumping or placing of soil or other substance or material as landfill, or dumping of trash, ashes, 
waste, rubbish, garbage, junk, or unsightly or offensive materials;
3.
The excavation, dredging or removal of loam, peat, gravel, soil, rock or other substances in such a 
manner as to affect the land surface or the quality or quantity of ground or surface waters;
4.
The removal or destruction of trees, shrubs, or other vegetation, the destruction of wildlife or its habitat, 
the application of pesticides or herbicides, or any other activity or use which is or has the potential for 
being detrimental to drainage, flood control, water quality, erosion control, soil conservation, wildlife or 
the land and water areas in their natural condition;
5.
The conduct of any of the foregoing activities in such proximity to The Conservation Easement Area 
that their result could be detrimental to drainage, flood control, water quality, erosion control, soil 
conservation or wildlife in The Conservation Easement Area; and
6.
The removal or disturbance of The Conservation Easement Area temporary stakes prior to permanent 
marking, permanent iron pins or boundary markers, or any other field identifications of The 
Conservation Easement Area boundaries.

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II.      EXCEPTIONS
NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS:
7.
The Grantee, acting through their respective Planning and Zoning Commissions, or its successor, may 
upon written application of the Grantor, permit the construction, reconstruction, maintenance and repair 
within those portions of the premises in their respective municipal boundaries of above-ground and 
below-ground public or private utilities, including sanitary sewer and/or water lines, subject to (a) 
demonstration of the need for the proposed activity within said premises and (b) environmental review 
of the siting and proposed methods of installation and maintenance of such utilities.
8.
The Grantee, acting through their respective Planning and Zoning Commissions, or its successor, shall 
upon written application of the Grantor, permit the removal of dead trees and dead brush from those 
portions of said premises within their respective municipal boundaries in a manner acceptable to the 
applicable Planning and Zoning Commission.
9.
The Grantee, acting through their respective Planning and Zoning Commissions, or its successor, may 
upon written application of the Grantor, permit the pruning and thinning of live trees and brush on those 
portions of said premises within their respective municipal boundaries.
Application by the Grantor for any approval provided for hereunder shall be made to the Planning and Zoning 
Commission of the Town or City within which the activity is to be conducted, or its successor, and shall be in 
accord with the procedures established by the respective Planning and Zoning Commission, or its successor, in 
effect at that time.
The Grantee agrees, by acceptance hereof, to release automatically such Conservation Easement Agreement as 
though this instrument had never been executed by Grantor, should, at any time, said premises be condemned 
by some dominant government authority.
The Grantor herein reserves to Grantor the right to make use of the above-described premises for any and all 
purposes which are in keeping with the stated intent of this Conservation Easement Agreement and which shall 
in no way endanger the maintenance and conservation of the above-described premises in their natural state.
III.    IDENTIFICATION AND INSPECTION OF CONSERVATION EASEMENT AREAS
GRANTOR FURTHER COVENANTS AND AGREES AS FOLLOWS:
10.
Before commencement of site work on any property of the Grantor which contains or is adjacent to a 

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Conservation Easement Area, Conservation Easement boundaries are to be marked with oak stakes 
labeled “Conservation Easement” with waterproof ink and tied with red flags.  These stakes are to be 
located at each change of boundary direction and at every 100 foot interval on straightaways.  Stakes are
to remain in place until easement boundary markers are installed.  All
Conservation Easement corners shall be permanently marked with iron pins which protrude from ground surface
 pins shall not contain sharp edges.
11.
The Grantor hereby grants the Grantee the right to access the property for the purpose of installing and 
maintaining markers identifying the boundaries of The Conservation Easement Area.
12.
The Grantor hereby grants the Grantee the right to have a qualified representative of the Town or the 
City, as the case may be, inspect The Conservation Easement Area following reasonable notice to 
current Grantor or occupant.
IV.     FINDING OF VIOLATION
1.
If it is determined by the Planning and Zoning Commission, or its successor, that a violation of this  
Conservation Easement Agreement exists within its territorial boundaries, the Grantor shall have the 
right, but not the obligation, to issue an order to cease and desist from and prevent any activity which, in
the opinion of the Planning and Zoning Commission, or its successor, is in violation of this Conservation
Easement Agreement.
2.
Within 60 days of such order and after appropriate notice, the Planning and Zoning Commission shall 
hold a hearing for the purpose of determining if the cease and desist order shall continue.
3.
If the Grantor is found to have violated the terms of this Conservation Easement Agreement, the Grantor
agrees, among other things, to restore The Conservation Easement Area(s) as closely as possible to its 
(their) natural state.
Such restoration shall include but need not be limited to:
3.a
replanting with trees, shrubs or other appropriate vegetation acceptable to the Planning and 
Zoning Commission;
3.b
removal of any debris, trash, garbage, ashes, waste, rubbish, silt, or unsightly or offensive 
material;
3.c
removal of any unauthorized buildings, signs, billboards or other advertising, or other structures 
on or above-ground;
3.d
emplacement and maintenance of soil erosion and sediment controls; and
3.e
replacement by a land surveyor of any Conservation Easement Area markers which have been 
removed or disturbed.

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Restoration shall be at the expense of the Grantor and in accordance with plans developed by a qualified 
professional such as a landscape architect, land surveyor, or a professional engineer, and approved by 
the Planning and Zoning Commission, or its successor.
4.
If either the Grantor or any other person on the Grantor’s property is found to have violated this 
Conservation Easement Agreement, the Planning and Zoning Commission, or its successor, can exercise
its discretion, in accordance with applicable ordinances of the Town or the City, as the case may be, and 
following notification to the Grantor and the Grantor’s opportunity to be heard concerning a Finding of 
Violation, and to levy a daily fine until full restoration has been achieved and certified by the Planning and 
Zoning Commission or a duly appointed agency.
The foregoing Conservation Easement Agreement shall be permanent and binding upon the Grantor and his 
heirs, successors and assigns, except as hereinbefore set forth, and inure to the benefit of Grantee, its successors 
and assigns.
TO HAVE AND TO HOLD the above-granted rights, privilege or authority unto said Grantee, its successors 
and assigns forever, to its and their own proper use and behoof.
IN WITNESS WHEREOF, the Grantor has hereunto set or caused to be set his hand and seal the day and year 
first aforementioned.
Signed, Sealed and Delivered
in the Presence of:
                                                                         
                                                                                     L.S.
GRANTOR
Personally appeared,
, signer and sealer of
the foregoing instrument and acknowledged the same to be his free act and deed as such authorized agent of 
Kingstown Properties, LLC. before me.

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__________________________________________
COMMISSIONER OF SUPERIOR COURT
                                                                         
                                                                                     L.S.
GRANTEE – CITY OF NEW LONDON
MAYOR
STATE OF CONNECTICUT)
) ss. New London
, 2023
COUNTY OF NEW LONDON
)
Personally appeared,________________, signer and sealer of the foregoing instrument, and acknowledged the 
same to be his free act and deed as such Mayor of New London, before me.
_________________________________________ 
NOTARY PUBLIC
My Commission Expires: