City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH January 6, 2014 7:30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: December 3 and 16, 2013 PROCLAMATIONS AND SPECIAL OBSERVANCES “STATE OF THE CITY ADDRESS: Mayor Deberey A. Hinchey PUBLIC HEARINGS 1. AN ORDINANCE APPROPRIATING $ 500,000 FOR THE DEMOLITION OF 77 CHESTNUT STREET AND 26 SHIPPING STREET AND AUTHORIZING THE ISSUE OF $ 500,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Report from Commission on the City Plan relative to appropriating $ 500,000 for the demolition of 77 Chestnut Street and 26 Shipping Street bonds. 2. Letter of communication from the Norwich Historic District Commission. CITY MANAGER’S REPORT OLD BUSINESS RESOLUTIONS CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to a re-appointment to the Zoning Board of Appeals. 2. Relative to an application of August 2012 gas line extension agreement between the City of Norwich and the Board of Public Utilities Commissioners of the City of Norwich to the $8.0 million gas line bond authorization approved November 6, 2012. 3. Relative to an appointment to the Norwich Historic District Commission. 4. Relative to an appointments and reappointments to the Board of Appeals (Building Code). 5. Relative to a Norwich St. Patrick’s Day Parade. 6. Relative to appeal the decision of the United States Postal Service requesting the relocation of the Norwich Main Street Post Office. 7. Relative to acceptance of the gift of land at the rear of Prentice Lane. 8. Relative to authorizing NCDC to initiate preparation for a development plan for 154 Salem Tpke. 9. Relative to the transfer of properties off Corning Road and the settlement of claims thereto. NEW ORDINANCE 1. AN ORDINANCE PROVIDING FOR THE COLLECTION OF A FEE FOR REQUIRED DEPARTMENT OF MOTOR VEHICLE REPORTING EXECUTIVE SESSION: Pending Claims/ Litigation City Clerk  PUBLIC HFARING #1 AN ORDINANCE APPROPRIATING $500,000 FOR THE DEMOLITION OF 77 CHES1NUT STREET AND 26 SHIPPING STREET AND AUTHORIZIN"G THE ISSUE OF $500,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAIN"ED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $500,000 is appr9priated for the demolition of 77 Chestnut Street and 26 Shipping Street, including, as necessary, borings, easement acquisitions, waste disposal permits, hazardous waste and asbestos removal, site remediation, landscaping and reclamation, utility improvement or accommodation, engineering, consultants and other expenses as necessary to complete the removal of the structures, maintain site control and a safe post-demolition site; said appropriation shall be inclusive of administrative, advertIsing, engineering, legal, financing, consulting, surveying, printing, and expenses rdated thereto. Said appropriation shall be in addition to all other appropriations and grants for said purpose. Section 2. The total estimated cost of the project is $500,000. No portion of the project cost is expected to be paid from sources other than the proposed bond issue. The estimated useful life of the project is twenty years. The project is a general benefit to the City of Norwich and its general govenunental purposes. Section 3.· To meet said appropriation $500,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing-not later than the twentieth year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fIxed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the priI.lcipal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding -at the time of the issuance thereof,· and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of$I,OOO or a whole multiple thereof, be issued in bearer fonn or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank: or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and_be approved as to their legality by Joseph Fasi LLC, Attorneys-At-Law, Bond Counsel of Hartford. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptrs>ller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be detennined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended. In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b, including the authority to enter into agreements moderating interest rate fluctuation, provided any such agreement or exercise of authority shall be approved by the City Council. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the· bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose, including the bonds and notes and Project herein authorized. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as 'of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a smnmary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes, evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the General Statutes of Connecticut, as amended, and be approved as to their legality by Joseph Fasi LLC, Attorneys-At-Law, Bond Counsel of Hartford. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost.ofthe project. Upon the sale of said bonds the proceeds thereof, to the extent required, shall·be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company iIi trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the "Issuer") hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the "Regulations"), to reimburSe expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defmed in Section 1 with the proceeds of bonds, notes, or other obligations ("Bonds") authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by section 3-20e of the general statutes with respect to' secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. It is hereby found and determined that the issue of all, or a portion of, the Bonds, Notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law including but not limited to any "tax credit bond," or "Build America Bonds" including Direct Payment and Tax Credit versions. Mayor DebeEey A. Hinchey City Manager Alan H. Bergren  RESOLUTION #1 WHEREAS, the City Manager Alan H. Bergren has re-appointed as a regular member to the Zoning Board of Appeals for a term to expire on 2/28/15 or until a successor is appointed; Marc Benjamin (D) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby acknowledges the re-appointment of the above named to the Zoning Board of Appeals. City Manager Alan H. Bergren  RFSOLUITON #2 APPLICATION OF AUGUST 2012 GAS LINE EXTENSION AGREEMENT BETWEEN THE CITY OF NORWICH AND THE BOARD OF PUBLIC UTILITIES COMMISSIONERS OF THE CITY OF NORWICH TO THE $8.0 MJLLION GAS LINE BOND AUTHORIZATION APPROVED NOVE:MBER 6, 2012 Whereas the City of Norwich owns a natural gas franchise including a system of natural gas distribution lines and other assets; Whereas a Referendum on November 2, 2010, authorized the City of Norwich to appropriate $3,000,000 and issue general obligation bonds of the City to finance the appropriation to expand the geographic areas served by natural gas, its customer base and facilitate the delivery of natural gas to all customers and related capital improvements (the "2010 Bond Resolution"); Whereas, the Board of Public Utilities Commissioners of the City of Norwich (the "Board") on August 28, 2012 and the City Council on August 6, 2012, approved a resolution (the "DPU Payment Resolution") providing that the Board will transfer to the City amounts sufficient to pay when due the principal and interest on general obligation bonds issued pursuant to the 2010 Bond Resolution, and further provided that the Board and the City may add additional natural gas bond authorizations to be governed by the terms of the DPU Payment Resolution; Whereas, in addition to the 2010 Bond Resolution, a Referendum on November 5,2012, authorized the City of Norwich to appropriate.$8,000,000 and issue general obligation bonds of the City to finance the appropriation to expand the geographic areas served by natural gas, its customer base and facilitate the delivery of natural gas to all customers and related capital improvements (the "2012 Bond Resolution"); Wheryas the City may authorize from time to time additional general obligation bond issuances to finance the extension and improvement ofthe natural gas system; Whereas, while bonds issued pursuant to the 2010 and 2012 Bond Resolutions are general obligations of the City for which the City is and remains responsible to pay irrespective of the receipt of funds from the Board, it is the intent ofthe Board and City Council that the natural gas division ofthe Department of Public Utilities (the "Department") provide funds to the City for further payment of debt service when due on all bonds issued pursuant to the 2010 and 2012 Bond Resolutions; NOW THEREFORE THE CITY OF NORWICH ACTING THROUGH THE CITY COUNCIL AND THE BOARD OF PUBLIC UTILITIES CO:MJv1ISSIONERS HEREBY RESOLVB: The Board of Public Utilities Commissioners will provide for the payment when due of all debt service on general obligation bonds issued by the City pursuant to the 2012 Bond Resolution, in addition to the 2010 Resolution. Revenues for payment will be derived from the gas division and will be included in the budget prepared by the Board pursuant to Chapter XII, sections 10 and 6 of the Charter. The City will provide the General Manager with a schedule of debt service payments, including amount and date due. The Department will make available to the City, funds at such times and manner so that the City may timely pay debt service when due. The Board and the City Council may add other bond authorizations to be governed by the terms of this Agreement upon consent of the Bo'ard and the Council. The terms of this Agreement shall' be subordinate to bonds issued by the City which are secured solely by natural gas revenues, unless such issuance otherwise provides. Mayor Deberey A. Hinchey President Pro Tern Pete Desauhliers  RESOLUTION #3 WHEREAS, the Council of the City of Norwich appoints the membership of the Historic District Commission; and WHEREAS, Connecticut General Statutes Section 7‐147c(d) provides that the Historic District Commission shall have five regular and three alternate members who shall be electors of the municipality holding no salaried municipal office; one or more of whom shall reside in an historic district under the jurisdiction of the Historic District Commission; and the appointments shall be arranged that the term of at least one member shall expire each year with successors shall be appointed in like manner for terms of five years; and WHEREAS, the term of Gideon Lowenstein expired on December 31, 2013. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that Gideon Lowenstein be reappointed for a term to expire December 31, 2018 or until a successor is appointed. Mayor Deberey A. Hinchey President Pro Tem Pete Desaulniers  RESOLUTION #4 WHEREAS, Connecticut General Statute §29‐266 provides that each municipality shall appoint a Board of Appeals to consider appeals taken from the decision of the building official; and WHEREAS, Connecticut General Statute §29‐266 provides that such Board of Appeals shall consist of five (5) members, all of whom shall meet the qualifications set forth in the State Building Code; and WHEREAS, members of the Board of Appeals (Building Code) are appointed to serve two (2) year terms or until their successors are appointed, the terms to commence on January 7 of even numbered years. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the following be and hereby are re‐appointed to the Board of Appeals (Building Code): Scott Barbarossa Frank W. Blanchard Charles Scott Learned Peter Procko AND THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that Thomas L. Cummings be and hereby is appointed a member of the Board of Appeals (Building Code); and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that Henry Olender be and hereby is appointed an alternate member of the Board of Appeals (Building Code); and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that all of the appointments made by this resolution shall commence on January 7, 2014 and to be for two (2) year terms or until a successor or successors are appointed. Mayor Deberey A. Hinchey President Pro Tem Pete Desaulniers  RESOLUTION #5 WHEREAS, St. Patrick’s Day is celebrated each March 17th to honor Patrick, Ireland’s patron saint and, in this country, particularly to recognize the contributions made by Americans of Irish ancestry; and WHEREAS, nine (9) signers of the Declaration of Independence and nineteen (19) presidents of the United States, including the first president, George Washington, claimed Irish heritage; and WHEREAS, 44 million Americans today are of Irish ancestry, and, like their forebears, continue to enrich all aspects of life in the United States; and WHEREAS, immigrants from Ireland settled in numbers in Norwich in the 19th century and they and their descendants have enriched all aspects of life in Norwich; and WHEREAS, an organization of business owners, Norwich residents and other interested individuals, assisted by the Norwich Community Development Corporation, have joined together as the St. Patrick’s Day Parade Committee to organize, promote, and present a St. Patrick’s Day parade in downtown Norwich to be held this year on Sunday, March 9, 2014, the parade funded by private contributions and sponsorships. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that it recognizes the planned St. Patrick’s Day parade as a City of Norwich function, that it welcomes the participants and spectators who will come to Norwich on March 9, 2014 and invites them to enjoy the ambience provided in downtown Norwich by the event; and that it offers its thanks to the St. Patrick’s Day Parade Committee for its efforts. Mayor Deberey A. Hinchey  RESOLUTION #6 WHEREAS, the City of Norwich, by letter dated December 19, 2013 has been notified by the United States Postal Service that the Postal Service has made a determination to proceed with the relocation of retail services currently provided at the Norwich Main Post Office at 340 Main Street, Norwich, Connecticut to a yet to be determined new location within the same zip code area; and WHEREAS, any person may appeal this decision within thirty (30) days of the date of the letter from the United States Postal Service; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to appeal this decision. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren, be and hereby is authorized and directed to appeal this decision on behalf of the Council and the City of Norwich with such assistance as he may deem expedient and necessary. Mayor Deberey A. Hinchey  RESOLUTION #7 WHEREAS, by resolution adopted November 18, 2013, following a favorable recommendation by the Commission on the City Plan, the Council of the City of Norwich authorized and directed City Manager Alan H. Bergren to enter into discussions with Bonnie and Steve Dumont who offered to gift to the City of Norwich an undeveloped parcel of land consisting of approximately 30.64 acres located to the rear of Prentice Lane and shown as Tract One on a boundary survey recorded in volume 12 at page 638 of the records of maps and surveys at the office of the Norwich City Clerk; and WHEREAS, in adopting this resolution the Council of the City of Norwich anticipated the land might be incorporated within Mohegan Park or maintained as open space; and WHEREAS, the Dumont’s are prepared to convey said land to the City of Norwich. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that it approves and accepts the receipt of said property on behalf of the City of Norwich; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren be and hereby is authorized and directed to accept a deed satisfactory to him transferring said property to the City of Norwich, to cause said deed to be recorded on the land records of the City of Norwich, and to enter into and execute on behalf of the City of Norwich such other documents as are necessary to effectuate the transfer, provided they are satisfactory to him and to the Corporation Counsel; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that such land, so received, unless otherwise directed by the Council of the City of Norwich consistent with such terms and conditions as may be prescribed by the grantors, be made part of Mohegan Park and developed as park land or maintained as open space. Mayor Deberey A. Hinchey  RESOLUTION #8 WHEREAS, the Council of the City of Norwich of the City of Norwich, on December 16, 2013, adopted a resolution appointing the Norwich Community Development Corporation the development agency for the City of Norwich for the purposes of exercising the powers granted by Chapter 132 of the Connecticut General Statutes with respect to a proposed municipal development project to involve tax incremental financing for property located at 154 Salem Turnpike in Norwich, Connecticut; and WHEREAS, said resolution provided that the appointment of the Norwich Community Development Corporation as development agency for this project would become effective at such time as the Council of the City of Norwich adopted a resolution to proceed further on this project; and WHEREAS, on December 16, 2013 the Council of the City of Norwich received a written and verbal report on the use of tax incremental financial for the proposed project, which report the Council of the City of Norwich had requested by resolution adopted November 18, 2013; and WHEREAS, the Council of the City of Norwich finds that to be in the best interest of the City of Norwich to proceed further on this project to determine whether it is appropriate for implementation and appropriate for support by tax incremental financing. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH OF THE CITY OF NORWICH that the Norwich Community Development Corporation, be and hereby is authorized and directed in its role as development agency for the City of Norwich to initiate a development project, for presentation to the Council of the City of Norwich for its consideration, by preparing a development plan for the property located at 154 Salem Turnpike, including any other property necessary for implementation of such development plan, in accordance with regulations adopted by the State Commissioner of Economic and Community Development with all inclusions required by Section 8‐189 of the Connecticut General Statutes, such plan to comply with the requirements of Chapter 132 of the Connecticut General Statutes, and to submit such development plan to the Council of the City of Norwich which shall vote to approve or disapprove the plan. Alderman Mark M. Bettencourt  RESOLUTION #9 WHEREAS, the City of Norwich owns property on Corning Road on which it operated a solid waste disposal area; and WHEREAS, said property is subject to the Department of Environmental Protection Consent Order No. SW‐428 issued August 29, 2000 for violation of Section 22a‐209‐8(b) of the Regulations of Connecticut State Agencies in sections 22a‐424, 22a‐426, 22a‐428, and 22a‐430 of the Connecticut General Statutes; and WHEREAS, Phillip H. Davis, Jr., Diane Delcore, a/k/a Diane Delicore, Lisa Davis, and Susan Davis owned adjoining property in Preston, Connecticut subject to monitoring and remediation pursuant to said consent order; and WHEREAS, Phillip H. Davis, Jr., Diane Delcore, a/k/a Diane Delicore, Lisa Davis, and Susan Davis have proposed to exchange approximately 8.6 acres of land owned by them in Presont and subject to the consent order for 32.5 acres of land owned by the City of Norwich and located within Norwich, said properties more particularly shown on the map attached hereto as Exhibit A, and to resolve any claims for damages which they have or may have existing as of the time of said transfer for the payment of $125,000 to them in full and complete settlement of such claims and the payment of $3,998 in attorney’s fees to their attorney and certain other terms and conditions with respect to the continued use of said property; and WHEREAS, the City of Norwich has obtained and recorded a Certificate of Compliance with Department of Environmental Protection Consent Order SW‐428, the Certificate dated December 2, 2013, noting Norwich is in compliance with said order; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest to the City of Norwich to enter into this transaction and settlement as described herein. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the sum of $128,998 be and hereby is appropriated from the Landfill Closure Account C0200‐80000 and be it further resolved by the Council for the City of Norwich that City Manager Alan H. Bergren be and hereby is authorized and directed to enter into a settlement agreement including release of claims on behalf of the City of Norwich, to execute and deliver to Phillip H. Davis, Jr., Diane Delcore, a/k/a Diane Delicore, Lisa Davis, and Susan Davis through their attorney a deed conveying property of the City of Norwich as described in Exhibit B attached hereto, a City of Norwich check in the sum of $125,000 payable to them and a check for $3,998 payable to Attorney Donald DiFrancesca, to receive, accept, and cause to be recorded in the Town of Preston a deed from Phillip H. Davis, Jr., Diane Delcore, a/k/a Diane Delicore, Lisa Davis, and Susan Davis for the property described in Exhibit C attached hereto and to enter into, execute, receive and deliver such other documents as are necessary to effectuate this transaction, all subject to his approval and that of the Corporation Counsel. Mayor Deberey A. Hinchey  EXHIBIT A \ CrrY OF NORWICH DEPARTMENT OF PUBLIC WORKS COO><NC , ... ~,,_-, CT_ ne.--l"ooooo.-'CTOQe'I ~~CT\CUT "'0--.,..,..,....._0'_ ___ ~:at-l_o--..e-_CT __ ~  EXHIBIT B CITY OF NORWICH TO DA VIS CORNING ROAD PROPERTY A certain tract or parcel of land located on the Southerly side of Coming Road in the Towns of Norwich and Preston, County of New London, State of Connecticut being bounded and described as follows: BEGINNING at an iron rod set at an angle in the southerly I ine of Corning Road, said rod being located at the Easterly corner of land now or formerly of William Blake and on the dividing line between said land now or formerly of Blake and the herein described tract and thence running North 58° 32' 07" East 81.74 feet along said Southerly line of Coming Road to an iron rod; thence South 14° 47' 33" West 1105.82 feet to an iron rod; thence South 47° 48' 21" East 566.33 feet to an iron rod; thence South 24° 57' 21" West 831.50 feet to an iron rod; thence South 34° 15' 49" East 254.65 feet to an iron rod at land now or formerly of Frank M. Falcone, the last four lines abutting Southeasterly, Northeasterly, Southeasterly and Northeasterly on remaining land of the City of Norwich; thence South 78° 25' 35" West 302.12 feet to a point at land now or formerly of 102 Stonington Road, LLC, abutting Southeasterly on said land now or formerly of Falcone; thence North 06° 19' 23" East 38.51 feet to a point; thence North 43° 26' 37" West 37.45 feet to a point; thence North 34° 33' 26" West 87.22 feet to a point; thence North 42° 59' 33" West 14.01 feet to a drill hole at the end ofa stone wall; thence South 80° 54' 32" West 166.00 feet along said wall to a t-bar, the last five lines abutting Northwesterly, Southwesterly and Southeasterly on said land now or formerly of 102 Stonington Road, LLC; thence South 79° 06' 20" West 299.65 feet to a point; thence North 60° 39' 13" West 37.29 feet to a point; thence South 88° 02' 16" West 119.15 feet to a drill hole at land now or formerly of Ronald Daigneault & Danielle M. Kolashuk, the last three lines running partly along a stone wall and abutting generally Southerly on land nor or formerly of Patrick & Catherine M. Manfredi; thence North 20° 14' 25" East 118.25 feet to a point; thence North 18° 10' 37" East 199.48 feet to a point; thence North 08° 41' 04" East 117.26 feet to a point; thence North 21 ° 57' 36" East 88.71 feet to a point; thence North 16° 12' 57" East 76.24 feet to a pinch pipe at land now or formerly of The Mashantucket Pequot Tribe, the last five lines running along remains of wire fence and partly along a stone wall and abutting Northwesterly on said land now or formerly of Daigneault & Kolashuk; thence North 00° 43' 00" East 93.40 feet along a stone wall to an iron pipe, abutting Northwesterly on said land now or formerly of The Mashantucket Pequot Tribe; thence North 02° 02' 32" East 139.53 feet to a point; thence North 03° 34' OS" West 47.62 feet to a drill hole; thence North 29° 29' 06" East 146.99 feet to a point; thence North 23° 32' 31" East 60.45 feet to a point; thence North 16° 39' 11" East 89.37 feet to a point; thence North 00° 01' 21" East 52.91 feet to a point; thence North 22° 49' 51" East 178.71 feet to a point; thence North 13° 09' 23" East 32. 56 feet to a point; thence North 00° 18' 09" East 52.47 feet to an iron rod; thence North 31 ° 36' 50" West 26.76 feet to a drill hole; thence North 08° 27' 32" East 205.40 feet to a drill hole; thence North 20° 18' 08" East 22.06 feet to a point; thence North 31 ° 24' 19" East 120.97 feet to a drill hole; thence North 50° 21' 13" East 45.20 feet to a drill hole; thence North 52° 58' 20" East 28.18 feet to an iron rod; thence North 22° 57' 18" East 44.83 feet to a drill  EXHIBITB hole; thence North 45° II' 40" East 290.86 feet to a drill hole; thence North 40° 58' 23" East 95.61 feet to a drill hole; thence North 38° 28' 58" East 114.37 feet to a drill hole in a concrete post at said land now or fonnerly of William Blake, the last nineteen lines running partly along stone walls and abutting generally Westerly and Northwesterly on land now or formerly of Peter Valin; thence North 40° 17' 27" East 165.60 feet to the iron rod at the point of beginning, abutting Northwesterly on said land now or fonnerly of Blake. Containing 32.5 acres, more or less. Subject to a right of way in favor of this Grantor and others for use of the existing driveways crossing the Northerly portion of the herein described tract, said Right of Way being described as follows: BEGINNING at the point of beginning of the above described tract and thence running North 58° 32' 07" East 81.74 feet along the Southerly line of Coming Road to an iron rod; thence South 14° 47' 33" West 75.00 feet to a point; thence North 59° 27' 04" West 58.72 feet to the point of beginning. Containing 2120 sq. ft., more or less. The above described parcel and Right of Way as shown on "Perimeter Survey prepared for City of Norwich Department of Public Works Coming Road Norwich, Connecticut CME Associates, Inc. 32 Crabtree Lane, Woodstock, CT 06281 55 Main Street, Suite 340 Norwich, CT 06360333 East River Drive, East Hartford, CT 0610850 Elm Street, Southbridge, MA 01550 Phone 888-291-3227 www.cmeengineering.com Date: Feb. 20, 2009 Scale: I" = I00' Project #2008292 Sheet 1 of I".  EXHIBITC DA VIS TO CITY OF NOR WICH A certain tract or parcel of land located Southerly of Coming Road in the Towns of Norwich and Preston, County of New London, State of Connecticut being bounded and described as follows: BEGINNING at a drill hole in a standing stone located at the westerly corner of the herein described tract, said drill hole being at an angle point in the easterly boundary of land of the City of Norwich and on the dividing line between said land of the City of Norwich and the herein described tract and thence running South 33° 35' 27" East 335.91 feet to an iron rod at land now or formerly of Evelyn M. Swiacke; thence South 37° 38' 26" East 65.41·feet to a point; thence South 34° 10' 02" East 166.25 feet to a point; thence South 28° 16' 47" East 82.49 feet to an iron rod, the last three lines running along a fence and abutting Southwesterly on said land now or formerly of Swiacke; thence North 75° 33' 12" East 651.42 feet to an iron rod; thence North 38° 55' 19" West 674.68 feet to an iron rod at a wall comer, the last two lines abutting Southeasterly and Northeasterly on remaining land of these Grantors; thence South 75° 33' 12" West 583.64 feet along a stone wall to the drill hole at the point of beginning, abutting Northwesterly on said other land of the City of Norwich. Containing 8.67 acres, more or less. The above described parcel as shown on "Perimeter Survey prepared for City of Norwich Department of Public Works Coming Road Norwich, Connecticut CME Associates, Inc. 32 Crabtree Lane, Woodstock, CT 06281 55 Main Street, Suite 340 Norwich, CT 06360 333 East River Drive, East Hartford, CT 0610850 Elm Street, Southbridge, MA 01550 Phone 888-29 I -3227 www.cmeengineering.com Date: Feb. 20, 2009 Scale: 1" = 100' Project #2008292 Sheet 1 of I".