Planning & Zoning Commission - 991 (11/14/2024)

Waterford Connecticut 
Current datetime: 10/23/2024 11:22:29 AM
DETAILS REPORT
**Note: Report is Sorted in Ascending Order by Office, Recorded Date, Document Number
Doc# 
Document Type 
Book/Vim/Page _ File Date
154637 
EASEMENT 
001/01645/102 
05/15/2020
Street 
Street Name 
Description
23 OLD NORWICH ROAD
Grantors 
Grantees 
Street 
Property Description
1721 LLC 
NO GRANTEE LISTED 
23 OLD NORWICH ROAD
References
Book/Vim/Page 
Description 
Recorded year
Legal Description\Remarks
Lot 
Block 
Subdivision 
Plat
Public Hearing
Roberts Court 8-30(g)
PL-24-14
Exhibit 26

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Insts 00154437 a
DECLARATION OF EASEMENT FOR DRIVEWAY
WITNESSETH:
WHEREAS, 1721 LLC, a Connecticut Limited Liability Company with a principal place of
business at 205 Willowbrook Road, Stamford, CT (hereinafter referred to as “Declarant”) is the owner of
those certain three parcels shown as New Lot #1, New Lot #2 and New Lot #3 on a map or plan entitled:
“Subdivision Plan prepared for 1721, LLC, #23 Old Norwich Road, Waterford,
Connecticut, Scale: 1” = 30’, Date: 8/2/19, Sheet #1, Prepared by Advanced Surveys, LLC.”
which map or plan is on file with the Town Clerk-of the Town of Waterford, Said easement area is.inore
particularly shown as "Driveway Easement” on the aforementioned map and described on Schedule A
attached hereto and made a part hereof (the “Easement Area”),
‘WHEREAS, Declarant desires to, have the Properties serviced by a common driveway and to
establish an easement arrangement which will provide ingress and egress to.and from Old Norwich Road
and the Easement Properties or the aforementioned parcels individually; and
WHEREAS, Declarant desires to establish this Declaration of Easement:to create an easement on,
over, uider and through New Lot #3 and New Lot #2 for the benefit of the New Lot #2 and New Lot #1;
and
WHEREAS, Declarant further desires to impose certain covenants and restrictions upon the use,
operation and maintenance of the Easement Area;
WHEREAS, the Easement Properties are specifically made part of this Declaration, and the
owners of the Easement Properties shall receive the benefits and be subject to the burdens contained
herein.
NOW, THEREFORE, Declarant hereby submits the Easement Area to the terms, covenants,
restrictions and easements set forth herein for the benefit of the Easement Properties as follows:
I. 
GRANT OF EASEMENT.
Declarant as owner of New Lot #3, hereby grants and declares, for the benefit of New Lot
#2 and New Lot #1 an easement and right of way over, upon, under and through the Easement Area,
which easement shall be appurtenant to and for the benefit of the New Lot #2 and the New Lot #1 and
may be:used by the owners of the Easement Property, their heirs, successors, assigns, licensees and
guests.
Declarant as owner of New Lot #2, hereby grants and declares, for the benefit of New Lot
#1 an easement-and right of way over, upon, under.and through the Easement Area, which easement shall
be appurtenant to. and for the benefit of the New Lot #1 and may be used by the owners of the Easement
Property, their heirs, successors, assigns, licensees and guests.
II. 
USE OF EASEMENT AREA.
The Easement Area shall be used for the purposes of ingress and egress to and from Old
Norwich Road by vehicular and. pedestrian traffic.
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0015446357
The owners of the individual Parcels comprising the Easement Properties (hereinafter
collectively referred to as "Owners" and individually referred. to.as "Owner") shall have the right in
common with the other Owners to enter on, over, under and through the Easement Area for the purpose of
constiuction, installation, maintenance, repair and replacement of the driveway and of Utilities, provided,
however, that any Owner/Owners who shall do any work or have any work done affecting the Easement
Area (upon completion of the work by such Owner/Owners).shall repair that portion of the Easement
Area to the condition that existed prior to such Owner’s entry (except for any work.done pursuant to the
rights created herein) and shall at all. times keep so much of the existing driveway open so that vehicular
and pedestrian traffic shall have access from Old Norwich Road to the Easement Properties.
II. 
ACT EXPEDITIOUSLY.
When utilizing the Easement Area, the Owners shall do so as expeditiously as possible
and in a manner to cause the least disturbance to the other Owners.
IV. 
OWNER MAY CONTINUE TO USE EASEMENT AREA BUT MAY NOT
INTERFERE.
The Owners of the Easement, Area may continue to use the Easement Area in any way
that will not prevent the use of the Easement Area by any other Owner for the purposes described herein.
The Owners of the Easement Area shall not erect or allow any structiires to be erected on the Easement
Area, nor shall they plant or allow to be planted or grown any large trees or ‘any other obstructions which
would prevent.the use of the Easement Area by the other Owners. Nothing contained in this paragraph
shall diminish the rights and obligations of the Owners of the Easement Area which are established in this
Declaration.
¥, 
MAINTENANCE AND REPAIR OF EASEMENT: AREA,
Declarant declares that the Owners shall maintain the Easement Area in its present
condition or in the condition to which it is improved from time to time, and shall repair and replace the
same as necessary and shall keep:the Easement Area insured with respect to liability. The cost of all
necessary repairs, replacement, maintenance and insurance thereon shall be paid equally by the Owners
(although insurance may be paid individually with proper insurance endorsements in favor of the other
Owner).
Any Owner who shall, through negligence or willful action, cause any damage which
must be repaired hereunder shall be responsible for the cost incurred to provide the repairs, maintenance
and replacement necessitated by the negligence or willful action of that Owner, provided, however, that
the Declarant and all subsequent Owners mutually waive their respective rights of recovery against each
other for any loss insured by fire, extended coverage.and other property insurance policies existing for the
benefit of the.respective parties.
The cost for repairing, replacing, maintaining or improving the Easement Area, pursuant
to this Agreement, shall be shared asset forth above. Except as herein provided, no costs of any kind
shall be charged to any Owner, unless that Owner has agreed in writing to pay said costs. In the event
‘that the Owner of any Lot shall decide that expenditures shall be incurred for repair and replacing,
maintaining or improving the Easement Area, then said Owner shall send written noticé to the other
Owners which shall request that the other Owners agree to pay their Required Share. In the event that-the
other Owner agrees to pay its Required Share in writing, then the cost shall. be shared accordingly. In the
event that the other Owner does not agree in writing to pay its Required Share, then the:Owner proposing
(00488948, 1) 
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*
said activity may undertake said activity solely at its own cost and expense. In that event, after the work
is completed, the Owner performing the work may institute legal action against-the other Owner who
should have contributed to the cost, but did not. In the event that the work was necessary to.maintain the
Easement Area to the standard required hereunder, and if the work was.done to the quality required, then
the Owner who should have shared said cost shall be responsible for their. Required Share of the cost, and
the Owner/Owners who performed the work shall be entitled not only to be reimbursed by the other
Owner for its Required Share, but the performing Owner shall also receive the expenses incurred in said
collection, including a reasonable attorney's-fee if a court action is instituted. All repairs, replacement,
maintenance or improvements made to the Easement Area shall be made:to a.quality customarily suitable
to accomplish the purposes for which the Easement Area has been created.
VI. 
PERMANENT EASEMENT.
The easement created herein shall be a permanent easement that runs with the land and
shall bind the Declarant, all subsequent Owners, their heirs, successors and assigns,
VII. 
| INTEREST DUE WITH REGARD TO UNPAID OBLIGATIONS.
In the event of a failure by any Owner to pay its Required Share of any costs or expenses
incurred hereunder, such costs and expenses shall, commencing thirty (30) days after the date of billing
‘therefor, bear interest at the rate of twelve percent (12%) per annum until paid. Any Owner failing to
make payments of its Required Share shall be responsible for any costs, including reasonable attorney's
fees, incurred by any other Owner to compel payment thereof.
‘VII: 
COVENANTS, AGREEMENTS AND RESTRICTIONS.
The covenants, agreements and restrictions set foith herein shall be effective as of the
date hereof and shall continue in full force and effect until written agreement of all of the Owners of the
parcels comprising the Easement Properties, and all parties holding mortgages secured by any parcels
comprising the Easement Properties. The covenants, agreements and restrictions herein may not be
terminated nor may any limit.be imposed on the annual expenses to be paid by any Owner.
IX. 
SUBSEQUENT MODIFICATIONS,
All modifications to this declaration shall be in writing and signed by the Owners of all
Easement Properties [benefitted or burdened by the.easement rights created herein.]} However, in the
event that Declarant considers it necessary to make minor modifications to this declaration, or to the
rights created hereunder, which shall not substantially interfere with any of the rights or obligations
created hereunder, then the Owners of the Easement Properties will sign a modification prepared by
Declarant in order to accomplish said minor modifications.
X. 
MISCELLANEOUS.
A. 
The covenants, agreements and restrictions contained herein shall be covenants
running with and for the benefit of and burden upon the Easement Properties and shall be binding upon
and inure to the benefit of the Owners thereof and their respective heirs, successors and assigns. The
rights granted herein shall be considered to create permanent easements.
B. 
All communications sent pursuant to this Declaration shall be sent in writing and
sent by certified mail to the last known address of the recipient.
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XI. 
| NO MERGER,
The easement rights created herein shall not merge with the fee ownership interest of any
parcel.
XII. 
RESTORATION.
At any time that any Owner shall exercise any rights hereunder, then, when said activity
is completed, the Easement Area shall be restored to the condition if was in immediately prior to said
activity, except to the extent Permitted hereunder,
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{00488948:1) 
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Inst: 09154437
Wa, 2020
IN WITNESS WHEREOF, the Declarant has set its signature this pe
(day of Deeember-2619>
Witnessed by:
STATE OF CONNECTICUT 
May Pt (2, POL 0
COUNTY OF NEW aay) Ss. 
New London 
Deconrber————=2019
202° 
——
On this Id da of D 
9, before me, €/ ( CH OW __, the undersigned officer
personally appeared, 
05,50 
of 1721 LLC, duly authorized, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument and
acknowledged that she/he executed the same for the purposes therein contained on behalf of 1721 LLC.
In witness: whereof, I hereunto set my hand,
Commissioner of the Superior Court
Notary Public—
{00488948.1) 
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-Enst® 
00154637
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SCHEDULE 
A
1721, LLC - Shared Driveway Easement
Beginning at an iron pin set in the easterly line of Old Norwich Road, said iron pin being
the northwesterly corner of land of 1721, LLC and the southwesterly corner of land now
or formerly of Lawrence E. Swadley & Sandra L. Swadley; thence running along the
centerline of a stone wall S 74°03’47” E 150.17’ to-a drill hole, the last course bounded
northerly by said Swadley land; thence S 39°48’18” E 40.88” to a point; thence
S 17°38'14” E 42.92’ to a point; thence S 07°08’01” W 41.72’ to a point, said point
being the southeasterly corner of Lot #3 arid also being the northeasterly corner-of Lot-#2
as shown on the hereinafter referenced plan; thence S 07°08’01” W 72.96’ to a point,
said point being the southeasterly corner of Lot # 2 and the nottheasterly corner of Lot
#1; thence running along the dividing line of Lot #1 and Lot #2 S 88°15°53” W 35.72’
to a point; thence N 11°34’48” E 83.18” to a point inthe dividing line of Lot # 2 and Lot
( 
#3; thence N 11°34’48” E 6.10’ to a point; thence following the-are of a curve to the left
having a radoius of 80.07 and a central angle of 85°38’35” for a length of 119.69’ toa
point; thence N 74°03°47” W 109.26’ to a point in the easterly line of Old Norwich
Road; thence running along the easterly line of Old Norwich Road N 29°14°44” E
20.55’ to the iron pin at the point of beginning. The above described easement being
located on Lot #2 and Lot #3.
Containing 8,689, square feet, more or less
Being shown on plan entitled “Subdivision Plan prepared for 1721, LLC,
#23 Old Norwich.Road, Waterford, Connecticut, Scale: 1°=30’, Date: 8/2/19, Sheet #1,
Prepared by Advanced Surveys, LLC.
- RECEIVED FOR RECORD
> 
May 1572020 
092510
(00488948.1) 
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DAVID L. CAFO
TOWN CLERK
WATERFORD» CT