City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH February 16, 2016 7:00 PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) ACTION ON THE PROPOSED OLD ORDINANCE LISTED BELOW FROM (February 1, 2016) 1. AN ORDINANCE APPROPRIATING $400,000 FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 1 TERMINAL WAY IN NORWICH, CONNECTICUT AND AUTHORIZING THE ISSUE OF $400,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE PETITIONS AND COMMUNICATIONS 1. Update regarding the City website for easier ability when applying for Boards, Commissions and Committees. 2. Relative to a letter of resignation of Anne T. Doyle from the Community Center Exploratory Committee. CITY MANAGER REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to an appointment as a regular member to the Board of Review (Dangerous Buildings).  2. Relative to re-allocate some capital funds for the purpose of repairing the elevator in the Main Street garage. 3. Relative to a license agreement involving a portion of City property at 77 Chestnut Street amending the signer from Acting City Manager. 4. Relative to accepting a street known as “Boulder Trail” amending the signer from Acting City Manager. 5. Relative to reappointment and appointments to the Harbor Commission. 6. Relative to enter into a purchase and sales agreement for 34 Lake Street. 7. Relative to accepting a deed in lieu of foreclosure for 270 West Thames St. 8. Relative to accepting a deed in lieu of foreclosure for 14 Grove Place. 9. Relative to City Manager Salomone being authorized and directed to convey by a quit claim deed regarding the property referred to as Thatcher Lane. NEW BUSINESS-ORDINANCE 1. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF NORWICH ACCOMPANYING THE ZONING ORDINANCE OF THE CITY OF NORWICH BY CHANGING A TRACT(S) OR PARCEL(S) OF LAND ON 27 & 51 NORWICH AVE FROM GENERAL COMMERCIAL (GC)/MULTI-FAMILY (MF) TO GENERAL COMMERCIAL (GC) EXECUTIVE SESSION 1. Pending Claims and Litigation 2. Property Acquisition City Clerk  OLD ORDINANCE #1 AN ORDINANCE APPROPRIATING $400,000 FOR THE ACQUISITION OF THE PROPERTY LOCATED AT 1 TERMINAL WAY IN NORWICH, CONNECTICUT AND AUTHORIZING THE ISSUE OF $400,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $400,000 is appropriated for the acquisition of the property located at 1 Terminal Way in Norwich, Connecticut for the relocation of a municipal boat launch from Brown Park on Chelsea Harbor Drive in Norwich, Connecticut and the costs related thereto (collectively, “Property”), and for all site work, easements, related improvements as may be accomplished within said appropriation provided herein, and including administrative, consulting, advertising, printing, legal and financing costs to the extent paid there from (the “Project”). Said appropriation shall be in addition to grant funding and all prior and future appropriations for said purpose. Section 2. The total estimated cost of the Project is $400,000. 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 more than 10 years. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation $400,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the tenth (10th) 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 principal 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 $1,000 or a whole multiple thereof, be issued in bearer form 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 Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. 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 determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). 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 of the Statutes, including the authority to enter into agreements managing interest rate risk. The City Manager and Comptroller, on behalf of the City, shall execute and deliver such reimbursement agreements, letter of credit agreement, credit facilities, remarketing, standby marketing agreements, standby bond purchase agreements, and any other commercially necessary or appropriate agreements which are necessary, appropriate or desirable in connection with or incidental to the sale and issuance of such bonds or notes. 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. 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 Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the 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 of the Project. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt 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 hank or trust company in 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 defined 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 that 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 2 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. 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. Section 10. 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. Section 11. The City Manager and Comptroller are hereby authorized to prepare and distribute preliminary and final Official Statements of the City, to execute and deliver on behalf of the City all such other documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Project in accordance with the provisions of the Statutes and the laws of the United States. Mayor Deberey Hinchey 3  RESOLUTION #1 BE IT RESOLVED that the following be appointed as a regular member to the Board of Review (Dangerous Buildings) for a term to expire on June 01, 2017 or until a successor is appointed; Sofee Noblick (R) President Pro-tem Peter Nystrom Alderwoman Stacy Gould Alderman H. Tucker Braddock  RESOLUTION #2 WHEREAS, the Council of the City of Norwich included funding in numerous Capital Budgets for Public Works projects listed below, totaling $118,226.98; and Project Description Amount Capital Project Number City Hall Cast Iron Stair Project $24,623.10 10212-88247 31 New London Turnpike Demo $3,651.51 10213-88100 Public Works Heating upgrade $12,027.37 10214-88247 Clinton Ave. Sprinklers $12,925.00 10215-88247 City Hall Heating System Controls $35,000.00 10215-88247 City Hall Annex exterior painting $30,000.00 10216-88247 WHEREAS, the first four of these projects have been completed under budget, and the City Hall Heating System Controls project has been completed using alternate capital funding, and WHEREAS, the Director of Public Works Ryan Thompson has determined that the Main Street Garage Elevator requires repairs more urgently than the City Hall Annex exterior painting. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the 2015-16 Capital Budget for the Norwich Public Works Department be and hereby is amended to change the purpose of the $118,226.98 allocations from the original purposes as listed above to the more urgent need of elevator repairs to the Main Street garage. Alderwoman Joanne Philbrick  RESOLUTION #3 WHEREAS, the Council of the City of Norwich, by resolution adopted January 4, 2016 authorized Acting City Manager John Bilda to enter into a License Agreement with Anthony D. Heft pertaining to property owned by the City of Norwich at 77 Chestnut Street; and WHEREAS, as of February 1, 2016 John Salomone became the city manager of the City of Norwich, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the resolution described herein, adopted January 4, 2016 regarding a License Agreement with Anthony D. Heft pertaining to property owned by the City of Norwich at 77 Chestnut Street, be amended to substitute “City Manager John Salomone” for “Acting City Manager John Bilda” in said resolution which is otherwise unchanged. Mayor Deberey Hinchey  RESOLUTION #4 WHEREAS, the Council of the City of Norwich, by resolution adopted January 4, 2016 authorized and directed Acting City Manager John Bilda to receive and record a warranty deed from Roy B. Fleming, conveying to the city fee title to a street within a subdivision, said street to be known as “Boulder Trail”, to cause such deed to be recorded on the land records of the City of Norwich, and to execute, deliver, receive and/or record such other documents on behalf of the City of Norwich as may be necessary to effectuate this transfer; and WHEREAS, as of February 1, 2016 John Salomone became the city manager of the City of Norwich, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the resolution described herein, adopted January 4, 2016 regarding accepting of a street known as “Boulder Trail”, be amended to substitute “City Manager John Salomone” for “Acting City Manager John Bilda” in said resolution which is otherwise unchanged. Mayor Deberey Hinchey  RESOLUTION #5 WHEREAS, the City Manager John Salomone, proposes, subject to the approval of the Council, to re-appoint as a regular member of the Harbor Commission for a term to expire on December 07, 2017 or until a successor is appointed: Richard Benoit (D) WHEREAS, the City Manager John Salomone, proposes, subject to the approval of the Council, to appoint as a regular member of the Harbor Commission for a term to expire on December 07, 2017 or until a successor is appointed: Michael Gaultieri (R) Homer Callicutt (R) Joshua Bakoulis (U) City Manager John L. Salomone  RESOLUTION #6 WHEREAS, the Council of the City of Norwich, by resolution adopted February 2, 2015, directed that the City of Norwich enter into a real estate listing agreement with Allyn and Associates Realtors with respect to the property located at 34 Lake Street, and further resolved that any offer to purchase said property recommended to the city by Allyn and Associates Realtors be presented to the Council for its consideration and approval prior to the execution of any purchase and sales agreement; and WHEREAS, Allyn and Associates Realtors has located an interested purchaser and recommends that the city sell the property at 34 Lake Street to Matthew B. Longo for $4,500.00 by cash sale, which recommendation the Council finds to be in the best interest of the City of Norwich THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that, City Manager John Salomone be and hereby is authorized and directed to enter into a Purchase and Sales Agreement with Matthew B. Longo at a price of $4,500.00, a draft of which is attached hereto as “Exhibit A”, and/or execute and deliver a deed from the City of Norwich to Matthew B. Longo conveying the property at 34 Lake Street to Matthew B. Longo for a price of $4,500.00 subject to any standard adjustments and to enter into, execute, receive or deliver, such other documents as are necessary to effectuate this sale. Alderman H. Tucker Braddock Alderwoman Stacy Gould Alderwoman Joanne Philbrick  RESOLUTION #7 WHEREAS, Ralph M. Lechner, Jr. died on April 27, 2013; and WHEREAS, an estate was opened on or about August 1, 2013; and WHEREAS, The Estate of Ralph M. Lechner, Jr. has offered to convey to the City of Norwich by a deed in lieu of foreclosure a parcel of land carried on the land records of the City’s Tax Assessor’s office as Map 117, Block 4, Lot 56 (270 West Thames Street) more particularly described in Schedule A attached hereto; and WHEREAS, The Estate of Ralph M. Lechner, Jr. has offered said deed in lieu of foreclosure in full and final satisfaction of all real estate taxes, demolition liens and judgment liens due the City of Norwich assessed with respect to 270 West Thames Street; and WHEREAS, all encumbrances on the subject property have been released, except for the outstanding taxes, demolition lien and City of Norwich judgment liens; and WHEREAS, the taxes due as of February 29, 2016 are $16,229.22; WHEREAS, the balance due on the demolition lien as of February 29, 2016 is $308.27; WHEREAS, the balance due on the judgment lien as of February 29, 2016 is $1,441.38 WHEREAS, said property is appraised at $37,500.00. NOW THEREFORE BE IT RESOLVED, that the City of Norwich hereby accepts the tender of the deed in lieu of foreclosure by The Estate of Ralph M. Lechner, Jr., conveying to the City of Norwich title to 270 West Thames Street in full and final satisfaction of said taxes, judgment lien and demolition lien assessed with respect to said property; and BE IT FURTHER RESOLVED, that City Manager John Salomone be and hereby is authorized to accept said deed on behalf of the City of Norwich, subject to the approval of the Corporation Counsel, and to cause it and any other necessary documents to be filed or recorded. Mayor Deberey Hinchey  RESOLUTION #8 WHEREAS, Evans Memorial A.M.E. Zion Church, Inc. has offered to convey to the City of Norwich by a deed in lieu of foreclosure a parcel of land carried on the land records of the City’s Tax Assessor’s office as Map 93, Block 6, Lot 57 (14 Grove Place) more particularly described in Schedule A attached hereto; and WHEREAS, Evans Memorial A.M.E. Zion Church, Inc. has offered said deed in lieu of foreclosure in full and final satisfaction of all real estate taxes due the City of Norwich assessed with respect to 14 Grove Place; and WHEREAS, the taxes due as of February 29, 2016 are $7,467.98 and said property is assessed at a value of $13,200.00. NOW THEREFORE BE IT RESOLVED, that the City of Norwich hereby accepts the tender of the deed in lieu of foreclosure by Evans Memorial A.M.E. Zion Church, Inc., conveying to the City of Norwich title to 14 Grove Place in full and final satisfaction of said taxes assessed with respect to said property; and BE IT FURTHER RESOLVED, that City Manager John Salomone be and hereby is authorized to accept said deed on behalf of the City of Norwich, subject to the approval of the Corporation Counsel, and to cause it and any other necessary documents to be filed or recorded. Alderman H. Tucker Braddock  RESOLUTION 8 SUPPORT All that parcel of land, with the dwelling house thereon, situated in said Town of Norwich, and in the City of Norwich, and bounded northerly by land formerly of Archibald Troland; easterly by land formerly of Mary J. Cole; southerly by land now, or late of Mary E. Fellows: and westerly by Grove Place, so-called; and being the same premises conveyed to said Thomas H. Crawford by Sarah E. Hill by deed dated May 20, 1909 and recorded in the land records of said Town of Norwich in Volume No. 132, at Page 255.  RESOLUTION #9 WHEREAS, Ms. Lucille Berry, resides and owns the property at 123 Gifford Street, Map 99 Block 2 Lot 29, and owns two unimproved parcels known as 27 Thatcher Lane, Map 107 Block 1 Lot 14, and 29 Thatcher Lane Map 107 Block 1 Lot 17; and WHEREAS, Ms. Lucille Berry requests that the City of Norwich quitclaim any interest the City of Norwich may possess in a parcel of land sometimes referred to as Thatcher Lane which runs from Gifford Street in an westerly direction along the northern boundary of 29 Thatcher Lane and terminates at 27 Thatcher Lane; and WHEREAS, the City of Norwich possesses a certain drainage right of way upon property known as 25 Stonyridge Road located north of the property describes as Thatcher Lane and west of land known as 123 Gifford Street that includes an area specifically designated as wetlands that discharges water onto said Thatcher Lane property more specifically described in a Warranty Deed recorded at Volume 1726 Page 109 of the Norwich land records; and WHEREAS, the property referred to as Thatcher Lane is a narrow strip of land running in a westerly direction from Gifford Street to the southerly boundary of 27 Thatcher Lane, approximately 1,177 feet long and 9 feet wide more specifically described in the property description of the quitclaim deed attached as Schedule “A”; and WHEREAS, no deed has been located to establish that Thatcher Lane is, or was ever, a public way owned in fee by the City of Norwich; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to reserve all existing drainage easements as referenced and create further drainage easement and access rights that will attach to the property known as Thatcher Lane to accept water flows from 25 Stonyridge Road and permit the City of Norwich to enter onto the property for the purpose of maintenance; and NOW THEREFORE BE IT RESOLVED, by the Council of the City of Norwich that City Manager John Salomone be and hereby is authorized and directed to execute and deliver a quit claim satisfactory to him and the Corporation Counsel, but making no warranties as to title and to enter into, execute, deliver or receive other documents necessary to make such conveyance to Ms. Lucille Berry, but reserving to the City of Norwich. Alderman H. Tucker Braddock Quit Claim Deed RESOLUTION 9 SUPPORT RECORD AND RETURN TO: Brown Jacobson, PC 22 Courthouse Square Norwich, CT 06360 TO ALL MEN TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE, THAT,THE CITY OF NORWICH, a municipal corporation with its principal place of business located at 100 Broadway, Norwich, Connecticut (Releasor), in the amount of ONE DOLLAR ($1.00) and other good and valuable consideration, grant to LUCILLE BERRY (Releasee), have remised, released, and forever quit claimed, and do by these Presents, for its successors and /or assigns, justly and absolutely remise, release and forever QUIT-CLAIM unto the said Lucille Berry, all such right and title as it, the said Releasor, have or ought to have in or to a certain tract or parcel of land, known as Thatcher Lane, Norwich, CT, more particularly described in Schedule A, attached hereto and made a part hereof. TO HAVE AND TO HOLD the premises unto her, the said Releasee, her heirs, successors and assigns, to the only use and behoof of the said Releasee, her heirs, successors and assigns forever, so that neither it, the said Releasor shall or will hereafter claim or demand any right or title to the premises or any part thereof and shall by these presents be excluded and forever barred. SUBJECT TO a right of the City of Norwich, its successors and assigns to discharge surface water from existing wetlands located to the north of Thatcher Lane over, under, and through Thatcher Lane continuing onto the property known as 29 Thatcher Lane. IN WITNESS WHEREOF, I have hereunto set my hand and seal this _____ day of February, 2016. CITY OF NORWICH ___________________________________ By:_____________________________________ John L. Salomone, City Manager ___________________________________ STATE OF CONNECTICUT } } ss. Norwich February_____, 2016 COUNTY OF NEW LONDON } Personally appeared, John L. Salomone, City Manager of the City of Norwich, Signer and Sealer of the foregoing Instrument, and acknowledged the same to be his free act and deed, and the free act and deed of the said City of Norwich, before me. ____________________________________ Commissioner of the Superior Court Notary Public My Commission Expires:  PROPERTY DESCRIPTION Certain tract or parcel of land with all improvements shown as THATCHER LANE (NOT A PUBLIC ROAD) on a plan entitled “COMPILATION PLAN PREPARED FOR LUCILLE F. BERRY 27 & 29 THATCHER LANE NORWICH, CONNECTICUT SCALE: 1” = 50’ DATE: APRIL 24, 2015 JOB NO 15-010GERWICK-MEREEN L.L.C.” more particularly bounded and described as follows: Beginning at an iron pipe found at the end of a stone wall in the westerly line of Gifford Street at the corner of Gifford Street and Thatcher Lane, so called; Thence running in a westerly direction 9.04 feet to ta point in the centerline of a stone wall marking the northeasterly corner of land now or formerly of Lucille F. Berry known as 29 Thatcher Lane; Thence continuing in a westerly direction along the northerly line of 29 Thatcher Lane 104.49 feet in part along a stone wall to a point; Thence running 142.059 feet along the northerly line of 29 Thatcher Lane to a point; Thence running 99.31 feet along the northerly line of 29 Thatcher Lane to ta point at the beginning of a stone wall; Thence running along the northerly line of 29 Thatcher Lane and the centerline of a stone wall 49.03 feet to a point; Thence continuing along the northerly line of 29 Thatcher Lane and the centerline of the stone wall 74.16 feet to a point; Thence continuing along the northerly line of 29 Thatcher Lane and the centerline of a stone wall 46.58 to a point; Thence continuing along the northerly line of 29 Thatcher Lane and the centerline of a stone 365.87 feet to a point; Thence continuing along the northerly line of 29 Thatcher Lane and the centerline of a stone wall 71.28 feet to a point; Thence continuing along the northerly line of 29 Thatcher Lane and the centerline of a stone wall 177.11 feet to a point marking the westerly end of 29 Thatcher Lane and a point in the northerly line of land now or formerly of Xiaobin Wu and Bao Phung ; Thence running along the northerly line of land of said Wu and Phung and the centerline of a stone wall 13.26 feet to tan angle point in the stone wall; Thence running along the northerly line of land of said Wu and Phung and the centerline of a stone wall to a drill hole in the centerline of a stone wall near or at the northwesterly corner of land of said Wu and Phung and near or at the northeasterly corner of land now or formerly of David M. Schwartz; Thence running along the northerly line of land now or formerly of said Schwartz and the centerline of a stone wall 169.67 feet to a point in the center of the stone wall marking the southeasterly corner of land now or formerly of the City of Norwich, said point being located 16.58 feet easterly from a drill hole in the center od said stone wall; Thence running northerly along the easterly line of land now or formerly of the City of Norwich to a point at the intersection of stone walls marking the southwesterly corner of land now or formerly of Lucille F. Berry, known as 27 Thatcher Lane; Thence running along the southerly line of 27 Thatcher Lane in part along the centerline of a stone wall 175.84 feet to a drill hole found in a wall corner marking the southeasterly corner of 27 Thatcher Lane and the southwesterly corner of land now or formerly of Charles J. and Loraine C. Lobacz; Thence running along the southerly line of land now or formerly of said Lobacz and the centerline of a stone wall 142.34 feet to a drill hole in center of said stone wall; Thence running 501.18 feet along the southerly line of land now or formerly of Stephen T. Davidson and Veronica Perez- Davidson, now or formerly Barbara L. Zuccardy and in part land now or formerly of Judith Legare to an iron pipe in the center of the stone wall; Thence running along the southerly line of land now or formerly of said Legare and the centerline of a stone wall 64.05 feet to a stone wall; Thence running 86.73 feet along the stone wall and in part the southerly line of land now or formerly of said Legare and in part of land now or formerly of James E. and Gail J. Sawyer to a point; Thence running along the southerly line of land now or formerly of said Sawyer and the centerline of a stone wall 101.05 feet to the end of said stone wall near or at the southeasterly corner of said Sawyer land and near or at the southwesterly corner of land now or formerly of Lucille F. Berry, known as 123 Gifford Street; Thence running along the southerly line of land now or formerly of Lucille F. Berry 284.2 feet more or less to a point in the westerly line of Gifford Street; Thence running southerly along the westerly line of Gifford Street 29.4 feet more or less to the point and place of beginning. Property is subject to rights of the City of Norwich to discharge surface water over and upon the premises through easements located between lots 39 and 40 on a plan entitled, “PLAN OF LAND SUBDIVIDED BY CHERRY HILL DEVELOPMENT CORPORATION BY CHANDLER PALMER, ENGINEERS, DATED JUNE 1960.” It is also subject to the rights of the Cherry Hill Development Corporation, its successors and assigns to discharge additional surface water from Section IV of Cherry Hill into the existing brook. The property is further subject to the right of the City of Norwich to enter upon Thatcher Lane and 29 Thatcher Lane to do maintenance work to ensure appropriate drainage from the wetlands areas north of Thatcher Lane at 25 Stonyridge Road, Norwich, CT. which is land subject to current drainage rights in favor of the City of Norwich and the Inlands Wetlands Commission more specifically described in Volume 1726 Page 109 of the Norwich land records. Said Quitclaim Deed is further subject to the rights of the City of Norwich to discharge surface water over, under, and upon Thatcher Lane and 29 Thatcher Lane from property to the north of Thatcher Lane known as 25 Stonyridge Road which is land subject to current drainage rights in favor of the City of Norwich and the Inlands Wetlands Commission more specifically described in Volume 1726 Page 109 of the Norwich land records.