HomeMy WebLinkAboutSUB201900158 Correspondence 2020-05-08 (2)® COLLINS ENGINEERING
May 5, 2020
Emily Cox
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Spring Hill Village Road plans (SUB 201900158)
`200 GARRETT ST, SUITE K CHARLOTTESVILLE VA 22902
j 434.293.3719 PH 434.293.2813 FX
( www.collins-engineering.com
Thank you for your comments dated April 20, 2020 on the above referenced project. Below are our responses to the remaining
comments on the road plans.
Engineering:
1. Comment addressed.
2. Comment addressed.
3. Comment addressed.
4. Comment addressed.
5. North arrow added to Sheet 4; north arrow now shown on all plan view sheets.
6. ............ uuu..... u.
7. Comment addressed.
8. Landscaping has been revised to maintain a minimum of 5' from drainage pipes/structures.
9. comment aaaresseL.
10. Comment addressed.
11. Comment addressed.
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13. Wall plans have been included with this submittal; note added to Sheets 3 and 4 stating that the retaining walls require
building permits.
14. Comment addressed.
15_ CnmmPnt nddracsad_
16. Design speed of Berwyn Lane is 20mph, as labeled on Sheet 16. Intersection sight distance at the intersection of Berwyn
and Loyola has been revised on Sheet 3 to correspond with the 20mph design speed. Sight distance line is now fully out of
parking spaces.
17. c........... .—essed.
18. Comment addressed
20. WPO plan amendment has been submitted to Albemarle County.
21. Speed limit signs on Berwyn have been shown and labeled on Sheet 3.
22. The locations of the sanitary sewer manholes in Sheridan Street have been revised slightly to be in the middle of the travel
lane. Manhole top elevations have been revised where necessary to be flush or slightly below finished asphalt grade.
Notes have been added to the utility sheets about manhole tops in the private roadways.
23. Driveway aprons have been shown and labeled on the layout sheets. Roll-top and CG-6 entrance details have been
provided on Sheet 10.
24. Limits of public right-of-way have been labeled on Sheets 3 and 4 for clarification of public vs. private right-of-way.
25. Sidewalk widths have been labeled on Sheets 3 and 4.
Fire/Rescue:
Plan approved through Fire Rescue — no comments or objections
Planning (Tori Kanellopoulos):
1. Comment acknowledged.
2. Comment acknowledged.
3. Comment acknowledged.
4. Landscaping buffer and fence has been shown and labeled on the site layout and landscaping sheets. A note has been added to
these sheets referencing the final site plan for the design and detail of these areas. In addition, the right of way line has been
updated for Berwyn to match the Variation that is set for BOS meeting this month.
5. a. Due to the VDOT clearzone requirements, street trees cannot be placed between the sidewalk and roadway along Avon
Street or Route 20. Planting strips have been shown and labeled along the full length of both roadways on the layout
sheets.
b. Planting strips have been shown and labeled along the full length of Avon Street and Route 20 on the layout sheets. In
email sent to Scott Collins on 4/28/20, measurements where shown incorrectly from the sidewalk to the existing property
line, and not to the back of curb. These areas have been labeled on the plan sheets for clarification.
C. Proposed multi -use path has been extended to property line with TMP 90-27B.
d. Right-of-way is being dedicated to VDOT with the subdivision plat. These areas have been shown and labeled on the
layout sheets.
6. a. See comment response 5a.
b. See comment response 5b.
c. Approved off -site sewer plan and profile sheets have been included with the final road plan for reference purposes.
7. Landscaping has been revised to maintain a minimum of 5' from drainage pipes/structures and 10' from proposed utilities.
8. "Warkwick Street" revised to "Sheridan Street" on the landscaping plan street tree information/requirement.
9. Attached is a signed easement agreement between the land owner and TMP90-35V, No other easements from the other
property owners are necessary for the proposed road plan improvements.
10. Off -site easement plats for TMP 90-35V have been approved and will be recorded in the next week or so, once the escrow
amount is posted and accepted. We have shown the easements on the road plans with a blank to fill in the DB and PG.
VDOT:
1. Turn lane warrant analysis has been approved for the project.
Should you have any questions, please feel free to contact Scott Collins at scott@collins-engineering.com.
Sincerely,
Scott Collins, PE
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement") is entered into as of the 23rd day of
October, 2019 (the "Effective Date"), by and between STANLEY MARTIN COMPANIES, LLC,
a Virginia limited liability company ("SMC"), and RONAYNE, LLC, a Virginia limited liability
company ("Owner).
RECITALS
A. SMC is the owner of that certain real property located in the County of Albemarle,
Virginia (the "County"), containing approximately 12.63 acres, more or less, located at
1776 Scottsville Road, Charlottesville, Virginia, and further identified as County Tax Map
Parcel 09000-00-00-02800 (the "Property").
B. SMC intends, at its sole cost and expense, to obtain approval from all applicable
County officials for the development of the Property as a residential project consisting of
not less than eighty-three (83) residential building lots (the "Project").
C. Owner is the owner of that certain real property consisting of 6.77 acres, more or
less, located in the County at 1766 Scottsville Road, Charlottesville, Virginia, and further
identified as County Tax Map Parcel 09000-00-00-035VO (the "Owner Property").
D. In connection with the Project, SMC seeks to install a new sanitary sewer line
requiring various easements on the Owner Property (the "Easements"), all as the same are
presently shown on that plat labeled "Easement PIat Showing a New ACSA Sanitary Sewer
Easement, a New Drainage Easement, and a New Temporary Grading and Construction
Easement on Land Standing in the Name of Ronayne, LLC and Designated as Tax Map
Number 90-35 V", prepared by Roudabush, Gale & Associates, Inc., and dated June 24,
2019 (the "Easement Plat"), attached hereto as Exhibit "A" and incorporated herein by this
reference, and SMC intends that the Easements shall thereafter be dedicated to the
Albemarle County Service Authority ("ACSA") as evidenced by a separate deed of
easement from Owner.
E. SMC and Owner desire to enter into this Agreement in order to, among other things,
evidence Owner's consent to the Easements.
CONTRACT
NOW THEREFORE, for Thirty Thousand and No/100 Dollars ($30,000.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
SMC and Owner, incorporating all of the Recitals above, mutually agree as follows:
1. Temporary Construction and Drainage Easements. Upon the written request of
SMC, Owner agrees to execute a temporary construction easement in a form mutually
agreeable to SMC and Owner whereby Owner shall grant SMC a temporary construction
easement and a drainage easement to be recorded by SMC in the County Clerk's Office for
the installation of the improvements on the Owner Property substantially similar to those
shown on the Easement Plat and as mutually agreed by SMC and Owner. All
improvements and construction related to the Easements shall be at SMC's sole cost and
expense, and SMC shall indemnify, defend and hold harmless Owner from and against any
and all costs, expenses and liabilities incurred by Owner in connection with SMC's entry
upon the Property. Further, SMC agrees, at it sole cost and expense, to restore any part of
the Owner Property disturbed by SMC in connection with the installation of the Easement
to its prior condition.
SMC's work within the temporary construction and drainage easements shall not disrupt
vehicular access to the Owner Property. To the extent a reasonable and temporary
disruption of access is unavoidable, SMC shall coordinate the timing of such disruption
with Owner in advance such that Owner may plan around the disturbance and provide
sufficient notice to the employees and tenants on the Owner Property. If SMC and Owner
cannot agree on the timing for the disruptive work during normal business hours, SMC and
Owner shall coordinate the timing of the disruptive work outside of normal business hours.
"Normal business hours" shall be defined as Monday through Friday 8:30am to 5.00pm.
2. Dedication. Subsequent to SMC's completion of the improvements constituting the
Easements, and subject to the approval of ACSA, Owner agrees that, within a reasonable
time following SMC's written request, it shall execute a deed of dedication conveying the
Easement to ACSA, all on a form substantially similar to ACSA's prototypical deed of
dedication (the "ACSA Deed").
3. E?Wenses. SMC shall be solely responsible for any and all costs associated with
recording the Easements and ACSA Deed, and agrees to reimburse Owner in the amount
of up to One Thousand and Nol100 Dollars ($1,000.00) in connection with any actual out
of pocket legal fees or fees for other services incurred by Owner in connection with its
entering into this Agreement, reviewing and executing the Easements, or reviewing and
executing the ACSA Deed, such reimbursement to be paid within thirty (30) days following
Owners delivery to SMC of written notice thereof, including invoices evidencing such
expenses.
4. Representations and Warranties or Owner and SMC.
A. Owner Representations and Warranties. Owner warrants and represents to SMC as
follows:
(i) Afler the Effective Date hereof and except as approved by SMC in advance in its
reasonable discretion. Owner shall not (a) grant any easements and/or rights -of -way and/or
other encumbrances over or through the Property which might affect the Easements, (b)
enter into any agreements or any proffers or other commitments affecting the Property
which might affect the Easements, or (c) construct or install any improvements, without in
each instance obtaining the prior written consent of SMC, which might affect the
Easements.
(ii) Owner has not received notice of any violations of law or municipal ordinances,
orders or requirements noted or issued by any governmental department or authority having
jurisdiction over or affecting the Property, nor does Owner have any actual knowledge of
any such violations.
(iii) To Owner's best information, knowledge and belief, there is no pending or
threatened condemnation or similar proceeding affecting the Property or any part thereof.
(iv) To the extent that Owner has financed the Owner Property, Owner agrees to
cooperate with SMC and Owner's lender in order to obtain any lender consent to the
Easements as reasonably required by SMC or ACSA.
(v) Owner has the power to enter into this Agreement and to consummate the
transaction contemplated herein, and the execution of this Agreement and the
consummation of the transaction contemplated herein do not violate any of the terms and
provisions of the organizational documents of Owner or any agreement, Agreement or
other instrument to which Owner is a party or is bound. The party executing this
Agreement and any documents contemplated to be executed by Owner under this
Agreement on behalf of Owner has the authority to execute this Agreement and such
documents on Owner's behalf and to bind Owner hereunder and under such documents.
B. SMC_Rel2resentations and Warranties, SMC warrants and represents to Owner that
SMC has the power to enter into this Agreement and to consummate the transaction contemplated
herein, and the execution of this Agreement and the consummation of the transaction contemplated
herein do not violate any of the terms and provisions of the organizational documents of SMC or
any agreement, Agreement or other instrument to which SMC is a party or is bound. The party
executing this Agreement and any documents contemplated to be executed by SMC under this
Agreement on behalf of SMC has the authority to execute this Agreement and such documents on
SMC's behalf and to bind SMC hereunder and under such documents.
S. Parties Bound. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
6. Applicable Law. This Agreement shall be construed in accordance with the laws
of the Commonwealth of Virginia. Venue for any dispute arising out of this Agreement
shall be in the circuit court of Albemarle County, Virginia.
7. Notices. All notices, demands or other communications that may be necessary or
proper hereunder shall be deemed duly given if personally delivered upon delivery (or at
such time as delivery is not accepted by the intended recipient), on the date when deposited
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with Federal Express or other reputable overnight delivery service, on the date when
deposited in the United States mail, postage prepaid, first class, registered or certified,
return receipt requested, or on the date sent by facsimile with confirmation of receipt,
addressed respectively as follows:
SMC: Stanley Martin Companies, LLC
11710 Plaza America Drive, Suite 1100
Reston, Virginia 20190
Attn: Joel Reed, Esq.
Fax Number: (703) 715-8078
With a copy (which
shall not constitute
notice) to: Royer Caramanis PLC
200-C Garrett Street
Charlottesville, Virginia 22902
Attn: Collison F. Royer, Esq.
Fax Number: (434) 710-4061
Owner: Ronayne, LLC
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Fax Number: (ft 11
Any party hereto may change its address for notice purposes hereunder by delivering written notice
thereof to the other parties in accordance with the foregoing provisions. Any notices to be sent
hereunder by SMC or by Owner may, at the option of such party, be given by such party's attorney,
and any such notice given by such party's attorney shall be deemed to be effective notice for all
purposes under this Agreement.
8. Headings. The paragraph headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
9. Weekends and I-Iolida s. Any date specified in this Agreement for the performance
of an obligation or expiration of a time period which is a Saturday, Sunday or a legal
holiday shall be extended to the first regular business day after such date which is not a
Saturday, Sunday or a legal holiday. For purposes of this section, the day following
Thanksgiving shall be deemed to be a legal holiday.
10. Co ntemart_Ori inals: Delivery of Agreement. This Agreement may be executed
in multiple original counterparts, each of which shall be an original, but all of which
together shall constitute one and the same Agreement. For purposes of execution and
delivery of this Agreement, a signature by any party which is delivered by such party to
the other party by facsimile or by electronic mail transmission shall be binding upon the
delivering party as an original signature to this Agreement.
11, Litigation. In the event that any party is required to resort to litigation to enforce
its rights under this Agreement, Owner and SMC agree that any judgment awarded to the
prevailing party shall include all litigation expenses of the prevailing party, including
(without limitation) actual attorneys' fees and court costs. Further, the parties acknowledge
that monetary damages will be insufficient or incalculable to address any breach, and
accordingly specific performance is acknowledged as the primarily appropriate remedy.
12. Severability. No determination by any court or other governmental authority that
any provision of this Agreement is invalid or unenforceable in any instance shall affect the
validity or enforceability of any other provision of this Agreement, or (ii) such provision
of this Agreement in any circumstance not controlled by such determination. Each
provision of this Agreement shall be valid and enforceable to the fullest extent allowed by,
and shall be construed whenever possible as being consistent with, all applicable laws.
WITNESS the following duly authorized signatures:
SMC:
STANLEY M&tTIN COMPANIES, LLC
Title:
OWNER:
RONAYNE,LLC