KNOW ALL MEN BY THESE PRESENTS, that [developer], of [developer’s address] (hereinafter referred to as the “Grantor”), in consideration of One Dollar ($1.00) and other good and valuable consideration received to its full satisfaction of the TOWN OF EAST HAMPTON, a municipal corporation organized and existing under the laws of the State of Connecticut (the “Grantee”), does hereby grant unto the said Grantee, its successors and assigns, the perpetual water drainage right-of-way and easement upon all that certain piece or parcel of land more specifically delineated as the “Drainage Easement” on the map hereinafter referred to and described on Schedule A attached hereto.
The Grantor represents to the Town that it is presently the owner in fee simple of certain premises (the “Property”) shown and designated on a certain map entitled “[Map title]”, which map is on file in the office of the Town Clerk of the Town of East Hampton, Connecticut, bearing Map No. [map number], and that certain areas are designated on said map as “Drainage Easement”.
The Grantor hereby grants the Town the following rights, privileges and interests in and to the area defined as the Drainage Easement:
1. The right to drain surface water for storm drainage purposes from [street or area being drained] as shown on the above-referenced map.
2. The right to enter the Property and the Drainage Easement, and to pass and repass thereover, for the purpose of inspecting, maintaining, altering, repairing and replacing the drainage facilities, appurtenances and surrounding areas.
3. The right to trim, cut, clear and otherwise remove trees, limbs, branches and underbrush from the Drainage Easement which may interfere with the exercise of the rights granted hereunder.
4. The duty and obligation to maintain the Drainage Easement so that it functions properly and is presentable, and to restore any disturbed areas to as near to their former appearance as reasonably practicable.
The Grantor reserves to [him/her/itself], [his/her/its] heirs, successors and assigns, the right to continue to use the land within the aforesaid Drainage Easement for any uses and purposes which shall not interfere with or be inconsistent with the use thereof, or the rights of the Grantee therein in fulfilling the purpose for which this Drainage Easement is granted.
TO HAVE AND TO HOLD the above-granted and bargained premises, with the appurtenances thereof, unto it, the said Grantee and unto its successors and assigns, forever, to its and their proper use and behoof.
The Grantor, for itself, its successors and assigns, represents and covenants that it is well seised of the Property containing the Drainage Easement as a good and indefeasible estate in fee simple, and it has good right to grant this Easement in the manner and form as is above written, and that the same is free and clear from all encumbrances whatsoever, and that it will obtain, as it sole cost and expense, any documents necessary to effectuate the terms and provisions of this Easement. This representation and all other representations made by the Grantor herein are material representations upon which the Grantee is relying with regard to this Easement and this Easement constitutes a material element in the issuance of permits by the regulatory agencies and officials of the Grantee.
The Grantor does, by these presents, bind itself, its successor and assigns forever to WARRANT AND DEFEND the above-granted and bargained Drainage Easement to the Grantee, its successors and assigns, against all claims and demands whatsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto executed this Drainage Easement and set its hand and seal hereto this ____day of __________________, 20 ___.
Witnesses:
_____________________________ _____________________________
_____________________________
STATE OF CONNECTICUT )
) ss.
COUNTY OF )
Personally appeared, _________________________, as aforesaid, signer of the foregoing instrument, and acknowledged the same to be his/her free act and deed, before me.
___________________________________
Commissioner of the Superior Court
Notary Public
My Commission Expires:
ACCEPTANCE
The foregoing grant of drainage easement is hereby accepted by the TOWN OF EAST HAMPTON.
IN WITNESS WHEREOF, said Town acting by its ____(title) _____________,
has hereunto set its hand and seal this _____day of ___________________, 20___.
Signed and Sealed in the Presence of:
_____________________________ TOWN OF EAST HAMPTON
_____________________________ By: _____________________________
(print name)
Its___(title) ______________________
STATE OF CONNECTICUT:
: ss. _____(town) ______________ __________, 20 ___
COUNTY OF MIDDLESEX :
Personally appeared ________(name) ____________________, _______(title)
______________ of the Town of East Hampton, as aforesaid, signer of the foregoing
Acceptance, and acknowledged the same to be of his free act and deed as such
_____(title) __________ and the free act and deed of said Town before me.
________________________________
Commissioner of the Superior Court
Notary Public
My Commission Expires: _________
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