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HomeMy WebLinkAboutSUB201900059 Review Comments Easement Plat 2019-06-09k' 01Y AL vit�r�A County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA 22902 Phone 434-296-5832 Memorandum To: Keane Rucker, Shimp Engineering, P.C. (keanekshimp-en ing eerin�.com) From: Andrew Reitelbach, Senior Planner Division: Planning Date: June 9, 2019 Subject: SUB2019-00059 Pantops Corner — Easement 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] Why does the access easement narrow at the intersection of the new private road and Route 20? The easement needs to maintain the same width for right-of-way along its entire length. 2. [14-302(A)5] Any easements proposed to be dedicated to the County (e.g., the stormwater easements) need to be labelled as "hereby dedicated to public use." 3. [14-302(A)14] Provide the acreage of each easement proposed to be created with this plat, including all of those to be dedicated to public use. 4. [14-302(B)1] Provide the date of last revision on subsequent submittals of this plat. 5. [14-302(B)5] Revise the notes on the cover sheet with additional zoning information, including "Steep Slopes — Preserved Overlay District," "Flood Hazard Overlay District," and subject to ZMA201300002. 6. [14-303(D)] Provide the acreage for each new easement proposed with this plat. 7. [14-303(E)] Revise the "private road access easement" to read "private street access easement." 8. [General Comment] Note E on the cover sheet can be removed, as building site notes are not required on easement plats. 9. [General Comment] Deeds will be required for dedication of these easements to the proper authority, such as to VDOT or the County. 10. [Advisory Comment] The location and layout of these easements may have to change depending on what the final layout of the Pantops Corner final site plan (SDP2018-00089) and road plan depict, once County approval has been obtained for those plans (except for approval of this plat and associated deeds). Please contact Andrew Reitelbach in the Planning Division at areitelbach(aalbemarle.org or 434-296- 5832 ext. 3261 for further information. Comments from Other Reviewers: Engineering Division, Albemarle County Department of Community Development — John Anderson, janderson2galbemarle.org — Requested changes, please see the attached memo. Albemarle County Service Authority — Richard Nelson, rnelsongserviceauthority.org — Requested changes; please see the comment(s) below: 1) Update plat to include easements for service line stubouts to neighboring parcels. Virginia Department of Transportation — Adam Moore, adam.moore ckvdot.vir ig'nia.gov — Requested changes; please see the attached memo. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Easement Plat Review Project title: Pantops Corner —Easement Plat Plan preparer: Justin Shimp, Shimp Engineering, 912 E. High Street Charlottesville, VA 22902 f iustin(a,shimp-enizineering com] Owner or Rep: Pantops Corner LC, 12704 Crimson Court, Suite 101; Henrico,VA 23233-7657 Plan received date: 16 Apr 2019 Date of comments: 28 May 2019 Reviewer: John Anderson SUB201900059 — Easement Plat 1. Proposed plat title is: Right -of -Way Dedication and Easement Plat, 0.07 Acre, a portion of T.M. 78-5A and 0.01 Acre, a portion of T.M. 78-513 Hereby Dedicated to Public Use and New Variable Width Private Road Access Easement on Tax Map 78 Parcels 5A, 513, 5C, 5E and 58G1, New Variable width ACSA Utility Easement on Tax Map 78 Parcels 5A, 513, 5C, 5E and 58G1, New 20' Shared Private Drainage Easement on Tax Map 78 Parcels 5A, 513, 5E and 58G1, also, New Variable Width Shared Private Drainage Easement, New 30' Shared Private Drainage Easement and New 12' SWM Access Easement on Tax Map Parcel 58G1 Located on U.S. Route 250 (Richmond Road) & State Route 20 (Stony Point Road) at Pantops. Please revise 545-character plat title to be concise, since title appears in correspondence, review comments, and recorded document/s; for example: Dedication of public right-of-waprivate road access, ACSA utility, shared private drainage, public drainage, and stormwater management facility and access easements for Pantops Corner (or similar), and transfer additional specific information to plat Notes. 2. Please ensure plat title makes reference to SWM facility, as well as SWM access. 3. Please ensure plat title makes reference to public drainage, as well as private drainage. 4. Please revise `New 30' Shared Private Drainage Easement' located downstream of SWM Easement to read public, rather than private. 5. Revise easement width just upstream of the SWM easement to Min. 44' for 2' DIA pipe installed —20' below final grade. Ref. ACDSM, pg. 15. Image, below Engineering Review Comments Page 2 of 5 Albemarle County Design Standards Manual — Engineering 0- L-IMENT WIDIH- DELQRiRI Y- 22IH-5'1 10'IM'M.) c. Drainage easements are to be labeled on plans and plats; "Drainage Easement" and "dedicated to public use". 6. Related to item 5: Ensure at least 17' drainage easement width between CL of installed storm pipe, and State Rt. 20 Variable width R/W to NW, at point drainage easement Min. width =44'. 7. For irons found that may be impacted by grading, include Note requiring any monument used to establish easement or centerline is to be replaced if damaged (with offset, if necessary, to avoid placing in pavement). Surveyor may elect to replace monuments in same location, once construction is complete. Though state law requires monuments be restored, given that several Pantops Corner Way (private road) centerline monuments were set in 2018 and must be removed to construct road bed and pavement, and that several CL monuments serve as parcel boundaries, a plat note is warranted. 8. Provide drainage easement on TMP 78-513, from at least Str. A11B to Al 1, since Pantops Corner Way runoff is collected on this parcel. Since 78-5B drainage elements are part of the road drainage system, and since road -related drainage /access easements must be recorded for one or more applications to proceed to approval (WPO201800088, SUB01900024), recommend show all drainage easements on TMP 78-513, i.e., from Str. Al 10 to Al 1. 9. Show owner name and TMP bk.-pg. information for all parcels adjacent to parcels granting easements with this plat, similar to owner information provided for TMP 78-6. 10. Label shared private easement width (dimension) between easement CL and easement limit to north of CL, just prior to SWM Easement. Assume width =10' at this point. See item 6., however, which may require revised width at this point (z17'). 11. Revise plat notes 3 and 7 to delete reference to recorded retaining wall construction /maintenance easement and access easement agreements since: a. Recorded document does not meet ordinance definition of an Easement. b. Please ref. 14-106, Definitions: Easement. The term "easement" means a reservation or grant by a property owner of the use of land for a specific purpose or purposes, other than a license revocable by the unilateral act of the grantor. Easement plat. The term "easement plat" means the schematic representation of an easement required by, and subject to review and approval by the county under this chapter, which includes a statement of the specific purpose for which the easement is established. c. Graphic recorded at bk.-g. 4553-484-485 is not a plat. d. Graphic image was neither reviewed nor approved by Albemarle County as a plat. e. Recorded graphic does not reflect most recent approved initial site plan, or proposed retaining wall design. 12. Related to item 11, submit retaining wall easement plat for construction /maintenance. Use standard Easement plat application. Applicant is encouraged to discontinue the practice of recording as `Easements' documents that are not. Easements include plats as schematic representation of an easement. Albemarle is uncertain what informs decision to record and rely upon a document that incorporates the term `Easement,' Engineering Review Comments Page 3 of 5 a defined term with specific legal meaning, while providing graphic representation that is not a plat, is not sealed, is not signed, is not reviewed or approved as a plat, is illegible, and is obsolete relative to revised final site plan retaining wall location /design. If Applicant disagrees and considers document recorded at bk.-pg. 4553-473 to be an easement, please alert us. We will coordinate with County Attorney's Office. To reiterate, furnish retaining wall easement plats for proposed retaining walls between TMP 78-5E and 78-5C; TMP 78-5A and 78-6; and TMP 78-58G1 and 78-6. Note: SDP201400031 (basis of image attached to recorded document at bk.-pg. 4553-473) is a design far removed from later approved initial site plan for this site. Note major differences, below. SDP201400031 is obsolete. Provide retaining wall easement plat based on SDP201800039, Approved 9/25/18. SDP201400031, Approved 5/15/14 SDP201800039, Approved 9/25/18 —+!L • � `� i .J. a 2.185 Acre Fulvre ' 9 Oerebpmet Pad p-..gTORv 1 I OKA -L] Jn,`�1, d------`-- — ` !�I r � -- it I I LL I 1 � CO --------------- Engineering Review Comments Page 4 of 5 Document Graphic Attachment (Not a plat), deed bk.-pg. 4553-473 13. Provide temporary grading easement on TMP 76-6. Please see Approved SDP201800039, sheet 3 19' TE"PSAM GRADING EASEMENT 7'•; 25' 2.188 Acre Future Developrr.ent Ppd I comoj� uTILtry EASEMENTVEPCO, CENTEL S AC" 12, lum Inn. 2- Engineering Review Comments Page 5 of 5 14. Calculate and list acreage of each proposed easement. If there are multiple easements of a single type, as for drainage, for example, list on plat the area of each distinct easement area. Recommend include: private road access, shared private drainage, public drainage, SWM facility, SWM access, ACSA utility, and temporary construction. Recommend include easement data table. 15. Recommend include parenthetical text that reads `(Tie)' beneath C4, L=88.90' to distinguish line segment. Sheet 1 16. Recommend show arc A3-A2 endpoint, similar to other endpoints. 17. Recommend provide separate signature lines for Pantops, LC, and Pantops Corner, LC. Please feel free to call if any questions. Thank you J. Anderson 434.296-5832 -x3069 SUB201900059 Pantops Corner Easement plat 052819 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 1601 Orange Road Culpeper. Vagina 22701 Stephen C. Brich, P.E. Commissioner May 14, 2019 County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Attn: Andy Reitelbach Re: SUB-2019-00059-Pantops Corner- Easements and Right of Way Dedication Plat Dear Mr. Reitelbach: The Department of Transportation, Charlottesville Residency Transportation and Land Use Section has reviewed the Pantops Corner, Easements and Right of Way Dedication Plat, dated March 28, 2019, as submitted by Roger W. Ray & Assoc., Inc., and find it to be generally acceptable. Land use 1. Please change labeling; hereby dedicated to the Commonwealth of Virginia for public use. 2. Please see attached right of way deed of dedication to the Commonwealth of Virginia that will need to be recorded in the Albemarle County Clerk's Office. A VDOT Land Use Permit will be required prior to any work within the right-of-way. The owner/developer must contact the VDOT Charlottesville Residency Land Use Section at (434) 422-9399 for information pertaining to this process. If you have further questions, please contact Willis C. Bedsaul at 434-422-9866. Sincerely, iV W� Adam J. Mo e, .E. Area Land Use Engineer VDOT - Charlottesville Residency VirginiaDOT. org WE KEEP VIRGINIA MOVING Prepared by and Return to: 'fax Map # _. EXEMPT FROM RECORDING FEES AND TAXES PURSUANT TO VIRGINIA CODE 58.1-811(3) DEED OF DEDICATION THIS DEED OF DEDICATION is made this day of , 20_, by and between , Grantor; and the COMMONWEALTH OF VIRGINIA, acting by and through the VIRGINIA DEPARTMENT OF TRANSPORTATION, Grantee. WITNESSETH: WHEREAS, Grantor is the Owner of certain real property situated in County, Virginia, as shown on the plat attached hereto and incorporated herein by reference, dated , 20 , and entitled " ," prepared by being a portion of the Property acquired by Grantor by Deed dated 20 and recorded as Instrument Number [in Deed at page among the land records of County, Virginia: and WHEREAS, it is the desire and intent of the Owner to dedicate, grant and convey a portion of the Property for public use in accordance with this Deed of Dedication and the Plat recorded herewith; NOW, THEREFORE, in consideration of the premises and the sum of ONE DOLLAR ($1.00), cash in hand paid, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby dedicate and convey in fee simple with general warranty and English Covenants of title to the Commonwealth of Virginia, acting by and 1 through the Virginia Department of Transportation, for public street purposes, the [insert description of dedicated area] shown as " " [insert title of dedicated area as printed on the plat] on the aforesaid Plat. Grantor warrants that the land hereby conveyed is free of hazardous materials and other contaminants. The GRANTOR covenants and agrees for itself and its successors and assigns, that the consideration hereinabove mentioned shall be in Iieu of any and all claims to compensation for land, and for damages, if any, to the remaining lands of the GRANTOR which may result by reason of the use to which the GRANTEE will put the land being conveyed, including such drainage facilities as may be necessary. The Commonwealth of Virginia, acting by and through the Virginia Department of Transportation, which is acting by and through its Authorized Agent, does hereby accept the conveyance of the interest in real estate made by this Deed. WITNESS the following signatures and seals: By: (SEAL) Name: Title: COMMONWEALTH OF VIRGINIA City/County of , to -wit: The foregoing instrument was acknowledged before me this day of 20 by I who is the , on behalf of the Grantor. My commission expires: Notary Registration #: Notary Public 2 (SEAL) The foregoing dedication is hereby accepted by the Commonwealth of Virginia, acting through the Virginia Department of Transportation. COMMONWEALTH OF VIRGINM acting by and through the Virginia Department of Transportation By: _ Name: Title: COMMONWEALTH OF VIRGINIA City of Richmond, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of 20_, by , who holds the office of , on behalf of the Commonwealth of Virginia, acting by and through the Virginia Department of Transportation. (SEAL) My commission expires: Notary Public Notary Registration #: GRANTEE'S MAILING ADDRESS: Acquisitions/Legal Section Right of Way Division Virginia Department of Transportation 51h Floor —Annex Building 1401 East Broad Street Richmond, Virginia 23219-2000 11;