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HomeMy WebLinkAboutSUB201800166 Review Comments Easement Plat 2018-11-06County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434-296-5832 Memorandum To: Kirk Hughes (kirk(a�khals.net) From: Cameron Langille, Senior Planner Division: Planning Date: October 10, 2018 Revision 1: November 6, 2018 Subject: SUB201800166 Crutchfield Corporation Easement Plat Fax 434-972-4126 The County of Albemarle Planning Division will grant or recommend approval of the plat referenced above once the following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise specified.] 1. [14-302 (A)(4) and 14-302 (A)(5)] Please state the width of all existing public and private easements in their labels. Rev. 1: Comment addressed. 2. [14-302 (A)(14)] Add a label to the proposed public drainage easement on Sheet 3 stating the acreage and "dedicated to public use." Rev. 1: Comment addressed. 3. [14-302 (A)(14)] On all applicable drawings, revise the labels for the easements that will be dedicated to Albemarle County. The labels should state the easement width, type of easement, and "dedicated to public use." See comments from the County Attorney for further details. Rev. 1: Comment addressed. 4. [14-302 (B)(5)] Please state the primary zoning district, all applicable overlay districts, and any special use permits or proffers that apply to the parcel as a note on Sheet 1. Rev. 1: Comment addressed. a. The primary zoning district is LI Light Industry. Rev. 1: Comment addressed. b. Property is within the AIA Airport Impact Area Overlay District, and the Managed Steep Slopes Overlay District. Rev. 1: Comment addressed. c. Property is subject to the proffers of ZMA198500034. Rev. 1: Comment addressed. d. Property is subject to an approved special use permit SP198500097. Rev. 1: Comment addressed. 5. [14-302 (B)(1)] Provide a date of last revision to all applicable sheets. Rev. 1: Comment not fully addressed, please add another date of revision if the temporary construction easement will be added to the plat. See additional comments later in this letter. 6. [14-303 (A), 14-303 (0), and 14-303 (P)] Please move the statement of consent to division, owner signature panel, and notary panels to Sheet 1. Rev. 1: Comment addressed. 7. [14-303 (D)] Please state the acreage of the property as a note on Sheet L. Rev. 1: Comment addressed. 8. [14-303 (E)] Curve lines C1 and C2 are not labeled on the plats. Please identify where these curve line dimensions apply. Rev. 1: Comment addressed. 9. [14-303 (L)] The deed of dedication for the three new public easements will need to be re -submitted and include an updated revision date for the plat once these comments are addressed. a. The County Attorney has provided comments on the draft stormwater facility and access easement deed, see attached document for required revisions to the deed. Rev. 1: Comment not fully addressed. Please see the attached document with mark-ups from the County Attorney for needed revisions to this deed. b. Please prepare and submit a draft of the drainage easement deed of dedication. A template is attached to this comment letter. Rev. 1: Comment not fully addressed. Please see the attached document with mark-ups from the County Attorney for needed revisions to this deed. Please be aware that this deed of easement mentions a temporary construction easement that is not shown on the proposed plat. If this is a new easement that needs to be created, please show it on the plat. Otherwise, remove this declaration from the deed of easement as sumsted by the County Attorney. Please contact Cameron Langille in the Planning Division by using blan ig llegalbemarle.org or 434-296-5832 ext. 3432 for further information. Comment From Other Reviewers: Albemarle County Attorney — Andy Herrick, aherrickkalbamrle.org , Requested Changes, see attached. Albemarle County Engineering Services - Matt Wentland, mwentlandgalbemarle.org, Requested Changes: 1. The Deeds of Dedication will need to be reviewed and approved by the County Attorney's Office and recorded along with the plat. Albemarle County Service Authority — Richard Nelson, melsonnserviceauthroity.org, No Objection, see attached. -this cloculnent %its prepared by: Albetuarle Coultty Attorney County of Allmniarle 401 Mc-Inticc Road, Suite 325 C1tarlotlesville, Virginia 22902 Parcel ID Number 03200-00-00-009C0 'fins deed is exempt from taxation u11ier 1%lizua Cndc § 59.1-811(03) and rrom the Circuit Cnut�E Clerk`s fees under �i� irrul COCIC S 17.1-266. DUED OF EASEMENT 1111S DEED OF EASEMENT, dated !iris 27t1t clay of ()ctober 2018, is by and between CRUTCHFIELD CORPORATION (hcreinalte ica 'Grantorand die COUNTY OF ALBEMARLE, VIRGINIA., a political sUbdivision of the. Commonwe;.d1h of Virginia (ltcrein ter, the "Grantee"): WITNESSKni: WHEREAS, the Grantor is the. owiler of ccrtatll real proN-Tty situated i11 the Rio Ministerial District of the County of Albclnarle, Virginia, designated as Parcel ID 0320()_004)0-009CO, also be1119 d1c sa111c properties conveyed to the (=jailor by (keel of W. Alan Smith Jr., Trustee recorded ill the Clerk's Office of the Circuit Court of Albeluarle County, Vironia ill i)crcl Book, 814, page 350, aril by deed of Charlottesville .Albemarle Airport Authority ill Deed Book 863, I>'W 001 (herein�tfier the "Prop(•1•ty"); WHEREAS. it is desire and intent of the (suitor to dedicate, grazzt a11c1 convey .161• public use c certain Dritinagc 1'XIsetllellts on a portion of tile: Property as shown and dcsi�,,niai.cd its "New Tt� Pernia1ic11t 20' Drainagw Easements", Shown on a plat. prepared by Kirk 11t hes & Associates, S�a►Ctnq �, c clalcs, 11 dated Aul,�tlst. 31, 2018 last revised October l0, 2()18, entitled "Plat showitup1b ew SWZrt=u—nz� Facilities Easement, Nrw SWM/13MP 10' Access 1°Asenlent, & New Permanerl rasement To lie Dedicated To Public Use" j a copy of ivllich is attached hereto to be recorded with the Deed of Llsement (hereinafter the "�Xlse111c11t" and the Pla("). Insert re"Pwrrtder 0FP1@w✓ -h4A WHEREAS, it is the desire and intent of the Grantor to dedicate, tr wit and convey rite Easement for public use in accordance with this Deed of 111senient; and WHEREAS, it is the desire and.intent of the Grantor to dedicate, grrrant and convey Al rijlts, title and interest in all ditches, pipes and oflier izllprovenientss and appurtenances within the Easemew established for the purpose of conveying stormwater (hereinafter collectively rei6wd to 1 its the "Impiovelri€tits," whecltcr wicning to existing linprowurktent.s or t iow to be established in the filturt: b% the Grintce), excluding building COMIection lines. NO"S THFAEFORE, in coxistdetaticsn cat the prenitscs.ancl'1EN DOLLIMS fWL cash it) Martel pint], and odwr good and valuable cotisiciciati€ n, tlto receipt of' which is herel)v aci nawleclt.;ecl, Ih(• Grintor does herO)i (;M— N`1', ('(3t"V4"EY. awl DVD1C-, t'E to public use with fxLIz\EIZAL, tt'ARRAN I'Y and YNGUsui cO N*I;', vvrs of 'L'I'riz unto [lie Grantee, its tia€ecnssois aticl &5signs, a perpetual exclusive easemcnt aN shown € it the Plat and ws re'lcrre l to hereinas the F. asenie nt. FURTHER, pursuant to the consideration described Herein. tic t trantor does hereby (7ak\"r, C:i)'\` t y, anci DI IC;A` E, to public use the linprovetments. The Lascnic rit shall be suf1ject to the 1011owing: 1. M, 41. to construct, reconstruct, instal] _maintain re aEii chwige._ abet _aii€1_replace _t ic• M rowinclitti. '1'lte t; sratltec shall have die right to cows(ruct, wCou-struct, install, maintain, tep;.ur, € lt.irt;c, alter, and re pla(c pi cscnt or fuRm, (hereinafter referral to .as "iris cctitt , tttait)Gttrtu)c; and ciperatint" or clrrtvatt4)ri5 thereof) (c)r tile pzainc»cs of, collecting storin wats'F and Ii ausnutttng it Ihrough and act-oss thc: propert) proterling property From florutiii , protecting watez duality, .'slid otherwise controlling stonirwater runoff. 2. Chyitership of the Im )rctvenicuts. All itriprownienk within the 1•:;L.sement, whvibcr they vVere installed by the Grantee (it anpre( .lecessor iu ititeic°at, sliall he and remain the pioperty of'tlte 3: Rit�l 1. c�� atl rc 5s Aria e re5s. Iltc Guantee shall havc- the right raid cascineat of tt>�rctis :ni(1 €•.gr€•ss over uli l ulds (.).F the Grartctr atljacew to ti 1•:a.5c ulclit between anti Public or private roads and the t: wcnivnt, to inspect, xitaititain and ctlx_rate die linprovemenb. 1. Tti lii Lo iipq�ct,:__ naintaiu wO otwratc the lnitir€ veinents. The�rnitcc mayc�zitrr file Easenic;iit to inslrc.t•t, ralajulain and operate tilt. Improvements. 5. 1bglit of Grali.tec to (h urh and uiaaizitaiii the 1,._Kisc>incs:tt�irc_t�uscs.. The Grantee ,hall liaxe the ri;;hl within 111v Easei)teiit to triztl, c ut or rc•iclow WIN, Irces, brush or slirubbet� , remove fences, titruclurc,s or c51lier ohstiuc•ti0m. steel: take other similar action reasonably necessary to prmide. a<leqitatc itr€1 liiltc Jullclioning ItYipxrrverrrc•tit5: praridcd, llc»yerr; tliw (fic Grantee'.. at its c>vtt.t expense, shall r€•sttirc• as ncarlj a; pos"tbIr, the premises ta) their original c oiiclitiotl. Tim restoranou :4tall include the backfilling old 1xenclies, rite rcp1acc•tneiit of, fences And slitttbben.. 9 the reseeding or resodding of lawns or pristure areas, and the repair or rcl)laccluetlt of structures and oilier facilities located outside of• tllc Easernent thad were darTritl,ed or destroyed by the Grantee, llowcver, the Grantee shall riot be required to repair or replace any structures, trees, or other facilities located within the Ulsenlent, but be required only to repair or replace groundcover within the Easenicrit that was disturbed, damaged or reinoved as a result of bistalling or nlaullaining ally oI• tile Illiprovenients. In addition, the Grantee shall rcmUvc' lrotlt tilt' l"aScnlent all trash and other debris resultiil#; fic)ITl the. installation, Inainlenwice or operation of an Iniprowl-(lent, and shall restorc the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the faregoilig, the (Yriuilcc shall not be required W repair or replace anything identified in this paragraph if' to do so would be inconsistent wit}, the proper maintenance or opera.lion of the Iinprovenients. In addition, neither the Grantec nor any other public agency, including [lie Virginia Departinenl of TrwisporlatiOn, shall be responsible for conducting routine maint( muice as described in paragraph 6 except as expressly provided in this Paragraph. tr. HWu of Grantor to a Imuntain the Easement prcillises. 'i lle (srarl[or shall have the right to perform rou ill(,. Illainlenallcc of Ihe. Easeincnt premises, including (lie removal of trash avid landscaping debris, mowing mid manicuring law'],, and groundcovers, and making an} other aesthetic i.rnplovelnenls desired by the Grantor that are not inconsistent with tile: ItIlLs 11crein conveyed, and which do Trot adwisch affect (lie proper operation (A'any lini)rovenient. '111c, right to niaintain the LIscment Prerilises does not. include the right to mainLain the Iinll)1'()VE'.rxit'IiIS. w,.._..�...------r'"".••_�.�....�_.._.,•,....,,_,,,,�,� %. 'rent L)rii ('oilstl udoll casenlcnL The Grantee shall have a Willporary construction casement, shown and designated oil die Plat as "Prop. Temp. Constr..EaSetiient," in orcicr to construct, install, Inaulua ill, repair, chang(:., after, or replace au Improvement. 'rltis (eniporaly construction ej serllen.t SIWI ('Y )iI'c u)(n corn luioll of [lie work,_ % ( F.xc•lusivity restrictions. The Lasctnclit conveyed herein is an exclusive easement. Neither Elie. Grantor nor any person acting under the Grantor's express or implied consent sli ll Ill(Hllfy, alter, reconstr-uct, interfere with, disturb or otherwise change in any way the Imid within the Easement or any Iinprovenient located within die 1�'asenient; alloxfiEEEvlEd th suc•h persons shall llot construct or niaintain ally roadway, or erect any building, lenc'e, retaining wall or other structure within die Easement. 3 t1. (rxac�tce' -_�i YE _toaSs ]lie Grantec -. shall ha-w llic rigTit: toasuipthis lA5cnzcztt as ils ZEitCI'viAsi Dial, require. 10. Binding eilirm '111c EascincnL mid the rights and obligations established herein shall run willi dic lane] In ,I)Crpc uaily. and shall be Nndiag upon Ific Gpui(or, the Granlec. and their SucceSSOI s antl a5sips. All rcic rences herein to the `` Zrawor" and thcY "Grantee" inrlucic their I-espcdive succv.gis ars and. assigns. All relcrciiccn- t<x tlic "(rrantce," xvlic•n ewl-cisui; any right or ob igatic n herein, a is hides the 0-mitce's officers, ers., cniplovees Mid < gvMq, ' 11C t j-wltvc, acting bN and tlwougln its County Executive, duly au li()l-jzccl bt• resolution ncicVecl 1�S tlic lic�ard of' Su:m-1-visov; oi'the County of',mbenjule, Virjinia, accrp:t,5 the c•on►e atice of this property pursuant, to l ;i;4,ma C'(*Ic S 16.2-1 1303Y. as. evidenced by dic Cc�utily J, xcrntiv(`,s sigiWurc hereto and dic rel-ordation of thk Deed. ISIGNwr ARE , ARE ONTHE liOI.l.t )NVENG, WUNISS the rollowing signatures. GRANTOR: Crutrhfielcl Corporation William G. Crutcl-field, Jr., CKO --- C()MMONWEAI;TH OF VIRGII\IA The I'mcgoing F � instrument wws ac:luiowle d beliore. nice this clay cif —-. �.____ , 20l$ byLG; _ r (Tlcultor. ), Nowy Public My (�Qninussiol� Expires: ( ;� 5 •-. � _��130 Registration No. •4�y.` ,;.,i,- .....• � r i�s�or�n`� do �E71]/� j1.�/,^�- 5 , GIV. NTEE: COUNTY OF MARMIARLE, VTRGINM. jarcy B. Richardsou (,'(')untN- F.,%-ccutive CONRIONWMIJI I OF VIRGINIA CITYOF -Ilic I-orc-90ing nistrument was acknovirledged before me flivs _- day• of 20 1_,._ Iij jeffrey 11, Richardson, (A)LU10% Ewcutive, oil behalf, of the Count-%, of Afficniaric, Virginia, Grantec. Mx Collirills-moll Regimmu(m Approx:cd a,; lo ronn: CourityAttome). Notary Public 6 This document was prepared by: Albemarle County Attorney County of AIbemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel 03200-00-0"09Co 1 6vm /� Derx IS 7ereS Vnder 'i �� This deed is exempt from taxation under Virginia Code §§ 58.1-811{A}(3) QHD� � , 7 V.Y�I'I ICA I- za DEED OF DEDICATION AND EASEMENT THIS DEED OF EASEMENT is made this 1 lth day of October, 2018 by and between �� ��� Crutchfield Co oratio Grantor, and the COUNTY OF ALBEMARLE VIRGINIA ,a 0'111 Cal political subdivision of the Commonwealth of Virginia, Grantee. (ac avr�) WITNESS: WHEREAS, the Grantor is the owner of that certain real property (hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: +o That ce real pro erty shown and designated as "New SWM/BMP 10' Access Easement edicat Public Use 0.088 acres" and "New SWM/BMP Facility Easement Dedicated Public Use 0.5 2 acres" o be a to ublic us shown on the plat of Kirk Aas k Crutch to oratio dated August 31, 2018, revised October 10, 2018, entitled 1 1 tc ie orpora a copy of which is attached hereto to be recorded with this deed Assocides (hereinafter, the "Easemen#" and the "Plat"). Reference is made to the Plat for a more parjjticullaJIr description of the easem+eniit conveyed herein, 1 r 1 " Plots Sh0W1v1 : i VevV SWfA r0z'i1flei Evi!§e enf . -. " ri-Tilset ! t, WHEREAS, the �roperty is described further as a portion of that certain lot or parcel of land situated in the Rio Magisterial District of the County of Albemarle, Virginia, described as Albemarle County Tax Map Parcel 03200-00-00-009CO3 as recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 814, page 350, Deed Book 863, page 00 page 004 P1a and Deed Book 1944, page 541, age 754-5P—]a-t, hereinafter called the "Property"; and WHEREAS, the Grantor and the Board of Supervisors of Albemarle County, Vir a have entered into an agreement entitled' APareement to a' tormwater Mana Fa cilities /�i1g, n l e�a� c an er Techn2 (hereinafter, the "Maintenance Agreement"), recorded in the Clerk's A9 reemeAf Office in Deed Book 3008, page 105-108, in which the Grantor has agreed to construct and maintain on -site stormwater management/BMP facilities; and Version: WWI WHEREAS, the Maintenance Agreement provides in part that the Grantor gives permission to the County, including its authorized agents and employees, to enter upon the Property and to inspect the stormwater managementBMP facilities whenever the County deems necessary; and W k�RRS1 the Maintenance Agreement also provides in part that, in the event the Grantor, its successors and assigns, fails to maintain the stormwater managementBMP facilities in good condition acceptable to the County, the County may enter upon the Property and take whatever steps necessary to repair or otherwise maintain the facilities and to otherwise correct deficiencie�9ri aed WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey an Easement for public use in accordance with this Deed of Dedication and Easement. NOW, THEREFORE, in consideration of the premises and TEN DOLLARS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, its successors and assigns, a perpetual easement as shown on the Plat and as referred to herein as the Easement. The Easement shall be subject to the following: 1. Right of mess and egress. The Grantee and its authorized agents and employees shall have the right and easement of ingress and egress over the Property to perform all acts to which the parties have agreed it may perform under the Maintenance Agreement. 2. Ownership of the facilities. The stormwater managementBMP facilities required to be constructed and maintained by the Grantor under the Maintenance Agreement shall be and remain the property of the Grantor. This Deed of Dedication and Easement shall not be construed to be an assumption of ownership or control by the Grantee over the stormwater management/ BMP facilities subject to the Maintenance Agreement. 3. No obligation on Grantee to insect or maintain. This Deed of Dedication and Easement shall not be construed as imposing an obligation on the Grantee to repair or otherwise maintain the stormwater management/BMP facilities subject to the Maintenance Agreement. 4. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 2 version: 07/20/19 5. Nmdinu effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and sWl be binding upon the Grantor, the Grantee, and their successors and assigns. All references herein to the "Grantor" and the "Grantee" include their respective successors and assigns. All references to the "Grantee," when exercising any right or obligation herein, includes the Grantee's officers, employees and agents. 6. Termination of Easement. If the Grantor, or its sors or assigns, desires to alter or vacate a portion or all of the Pasernent(s), the Easemee thhnay be adjusted accordingly if the s County Engineer certifi4on writing that the proposed modifications meet the requirements of 9VAC25-870 et seq. and Chapter 17 of the Albemarle County Code, as the regulations may be amended in the future. In addition to meeting these requirements, the Grantor shall mitigate for any loss of nutrient credit reductions provided in the stormwater calculations for the Property described in the Maintenance Agreement as a result of such alteration or vacation. Upon termination of any portion of the Easement(s), any residue of the Easement shall remain subject to this Deed of Dedication and Easement, The termination of any portion of the Easement(s) shall be recorded, at the sole expense of the Grantor, in the Circuit Court of Albemarle County upon approval of the Albemarle County Attorney. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. 3 Version: 07MV18 WITNESS the following signatures. GRANTOR: [OWNER] COMMONWEALTH OF VIRGINIA CITY/COUNTY OFLB!!�/L� The foregoing instnme was acknowledged before me this i I day of d e In ' see oby i i��1tor.__y —A ikl, My Commission Expires: 3 © zoZ Registration number• D . Notary Public �'• ,,:., . ,, �, ' LL..�- SIGNATURES CONTINUE ON THE FOLLOWING PAGE 4 Venion: 07/20/18 GRANTEE: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF COUNTY OF ALBEMARLE, VIRGINIA Jeffrey B. Richardson County Executive The foregoing instrument was acknowledged before me this day of by Jeffrey B. Richardson, County Executive, on behalf of the Board of Supervisors of Albemarle County, Virginia, Grantee. Notary Public My Commission Expires: Registration number: Approved as to Form: County Attorney Date 5 Version: 0720f18 Cameron Langille From: Richard Nelson <rnelson@serviceauthority.org> Sent: Tuesday, November 06, 2018 8:14 AM To: Cameron Langille Subject: SUB-2018-166 Crutchfield Easement Plat Cameron, There are no comments for SUB-2018-166 Crutchfield Easement Plat. Thanks Richard Nelson Civil Engineer Albemarle County Service Authority 168 Spotnap Road Charlottesville, Virginia 22911 (434) 977-4511