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Home My WebLink AboutSUB201900059 Review Comments Easement Plat 2019-07-11COUNTY 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 (Rev. 1) 24 Jun 2019 Date of comments: 28 May 2019 (Rev. 1; 1=b) 6 Jul 2019; rev. 11 Jul 2019 Reviewer: John Anderson SUB201900059 — Easement Plat Following Applicant -Engineering (reviewer) meeting on 7/8/19*, comments revised (Rev. 1-b). * Justin Shimp, Keane Rucker, John Anderson 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. 78-5B Hereby Dedicated to Public Use and New Variable Width Private Road Access Easement on Tax Map 78 Parcels 5A, 5B, 5C, 5E and 58G1, New Variable width ACSA Utility Easement on Tax Map 78 Parcels 5A, 5B, 5C, 5E and 58G1, New 20' Shared Private Drainage Easement on Tax Map 78 Parcels 5A, 5B, 5E and 58G1, also, New Variable Width Shared Private Drainage Easement, New 30' Shared Private Drainage Easement and New 12' SWMAccess 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-way, private 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. (Rev. 1) Not addressed. Comment requested less, not more. (Rev. 1-b) Comment withdrawn. 2. Please ensure plat title makes reference to SWM facility, as well as SWM access. (Rev. 1) Addressed. 3. Please ensure plat title makes reference to public drainage, as well as private drainage. (Rev. 1) Withdrawn. Ref. item L, above. 4. Please revise `New 30' Shared Private Drainage Easement' located downstream of SWM Easement to read up blic, rather than private. (Rev. 1) Addressed. 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, [ image removed w/ Rev. 1 ] (Rev. 1) Addressed. 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'. (Rev. 1) Addressed. 40' width provided to accommodate 18' depth of pipe. 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 Engineering Review Comments Page 2 of 5 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. (Rev. 1) Addressed. S. Provide drainage easement on TMP 78-513, from at least Str. Al IB to Al 1, since Pantops Corncr Way runoff is collected on this parcel. Since 78-513 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. A110 to A11. (Rev. 1) Partially addressed. As follow-up: Please confirm intent to not provide recommended easement on TMP78-513. If so please confirm understanding that platting requirements for recommended drainage easement will require plat as condition of development approval for TMP 78-513. 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. (Rev. 1) Addressed. 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'). (Rev. 1) Addressed. 11. Revise plat notes 3 and 7 to delete reference to recorded retaining wall construction /maintenance easement and access easement agreements since: (Rev. 1; Partially addressed. Applicant response: `Plats are required to show all known easements on the subject property. These are known easements, recorded in the Albemarle courthouse in DB5147 PG 221, 228 & 229, therefore they will be shown. We would like to remind County Engineering that their review is for engineering items on this easement plat only. Please leave legal questions, such as debating whether a recorded item is an easement, to the County Attorney, who is the qualified professional in this matter. The existing easement will remain on the plat as it is required to be shown.' As follow-up: Engineering will elevate legal question of whether easement recorded at bk.-pg. 5147-221, 228, 229 is an easement, and follow-up with Applicant. For now, comment persists. a. Recorded document does not meet ordinance definition of an Easement. b. Please ref. 14-106, De tnitions: 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,' 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. (Rev. 1; L-b) Not addressed. Applicant response: `Regardless of whether this is a current issue, you have brought up a site plan review item. This is an easement plat, so while this comment may be appreciated on the site plan (if indeed the County Attorney deemed it an issue), this should not be applicable to this easement plat.' As follow-up: County Attorney Engineering Review Comments Page 3 of 5 does not review site plans, CDD staff reviews site plans. Comment will transfer, be brought to site plan review coordinator's attention. CV will be updated. Comment will append to SDP201800089 and SDP201800078 to be addressed for final and initial site plan approval, respectively. 091WA17C11I1I1MI 5/15/14 SDP201800039, Approved 9/25/18 os s I 11 I ------------- Document Graphic Attachment (Not a plat), deed bk.-pg. 4553-473 Engineering Review Comments Page 4 of 5 ckz w _ f Z A-1 el . a - --- -- - «. __ _ • •Iy . 1 3 a u 13. Provide temporary grading easement on TMP 76-6. Please see Approved SDP201800039, sheet 3. (Rev. 1) Not addressed. Applicant response: `The temporary grading easement on TMP 76-6, as shown on previously submitted site/road plans for Pantops Corner, was already recorded in DB4553 PG 473-486. This is not a proposed easement, nor is it onsite so therefore it will not be shown on this plat.' Engineering asks to discuss this comment when we meet week of 8-Jul to discuss several review comment responses. (Rev. 1-b) Request to provide temporary grading easement on TMP 78-6 more nearly aligned with current development plans is revised to a recommendation that may help avoid dispute with adjacent parcel owner. 14 15 Engineering Review Comments Page 5 of 5 V jt 1 lkl III LOIB EPC . CENTE EASEMENT (YEP[O, CENTEI 6 A[SA3 I ,] 1vn Inne m 2.188 Acre FuUrre Development P d 1 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. (Rev. 1) Not addressed. Applicant response: `This is not a requirement.' Engineering defers to county attorney's office (CAO), which has requested this precise information in the past. (Rev. 1-b) Engineering suspends request for information, while cautioning that County Attorney's Office may request this information. Recommend include parenthetical text that reads `(Tie)' beneath C4, L=88.90' to distinguish line segment. (Rev. 1) Withdrawn, review error. Applicant response: `C4 and L=88.90' are not tie lines. They are part of the boundary lines of T.M. 78-5C.' _ I LP' Ij'nM n POIce1 l �79' TEMPOGAO OFA9TNG EASEMENT ON T N. TB-Ml — Sheet 1 16. Recommend show arc A3-A2 endpoint, similar to other endpoints. (Rev. 1) Addressed. 17. Recommend provide separate signature lines for Pantops, LC, and Pantops Corner, LC. (Rev. 1) Addressed. Thank you Please feel free to call if any questions. I look forward to meeting to discuss items 1, 11, 12 ,13, and 14. Thank you J. Anderson 434.296-5832 -x3069 SUB201900059 Pantops Corner Easement plat 071119revl-b.docx