The URL can be used to link to this page

Home My WebLink AboutSUB202000084 Review Comments Easement Plat 2020-05-26Cameron Langille From: Andy Herrick Sent: Tuesday, May 26, 2020 10:17 AM To: Cameron Langille Subject: RE: SUB202000084 Brookhill Salamander Easement - Deed of Easement and Maintenance Agreement Attachments: SUB202000084 Draft Maintenance Agreement.docx Cameron, Good questions. Please see my responses below in red. I've also attached corrections and suggested revisions to the draft agreement. Let me know of any further questions. Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attorney -client privileged infocniation, privileged Nvork product, or other confidential infocniation. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Cameron Langille <blangille@albemarle.org> Sent: Wednesday, May 20, 2020 4:05 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Emily Cox <ecox2@albemarle.org> Subject: SUB202000084 Brookhill Salamander Easement - Deed of Easement and Maintenance Agreement Hi Andy, Construction is currently underway in the Brookhill development up on Route 29/Polo Grounds Road. Long story short — a culvert has been installed under Polo Grounds Road that extends into private property on the both sides of the road. The culvert is located within an easement that was recorded on a plat in DB 5121, pp. 644-675. You can see the easement on page 17 of the PDF (page 660 of the recorded instrument). The easement is labeled "variable width private maintenance easement." We reviewed and approved that plat, but at the time we did not ask for a deed of easement for the private maintenance easement. VDOT now wants a deed of easement explaining maintenance responsibilities. The developer prepared a draft deed of easement that explains maintenance responsibilities (attached). It proposes to make the HOA responsible for the maintenance. Here is a potential wrinkle: the draft deed of easement references a set of master HOA covenants that were recorded by the developer in DB 5269, pages 669-733. The County never reviewed those covenants and we just learned that they had been recorded a few days ago. We have asked the developer to explain to us how those covenants cover all the normal requirements of the County Ordinances for HOA covenants. That request was made as a review comment with another subdivision application currently under review for Brookhill. The applicant hasn't responded to the comment yet, but I have done a cursory review of the HOA covenants and they appear to cover the typical stuff. That said, the recorded covenants may need to be amended pending the response from the applicant. My questions are: 1. Knowing that the recorded HOA covenants might need to be amended, is it an issue if we review/approve the deed for the maintenance easement even though it references the covenants recorded in DB 5269, pp. 669- 733? Not an issue. a. I've never dealt with amending covenants, so I assume it would get a new instrument number if that happens. But I'm not entirely sure because I don't know how the clerk's office handles that process. That's really my only concern with the draft deed and how it relates to the master covenants. Amended covenants would receive a new deed book and page number, but would also likely refer back to the deed book and page number of the existing covenants. b. It seems that Article XI — Easements from the master covenants (page 46 of the pdf, page 35 of the covenants) wouldn't preclude the owners from recorded the new maintenance agreement and it wouldn't conflict with the HOA covenants that have already been recorded. Agreed. 2. Assuming there isn't an issue with referencing the HOA covenants, do you have any other comments or suggested revisions for the draft deed? See the attached. Please let me know if you have any follow-up questions or if you need more clarification on anything I wrote. Thanks for your help, Thank you. Cameron Cameron Langille I Senior Planner Community Development Department Planning Division blangille@albemarle.or� (434) 296-5832 ext. 3432 4 Prepared by Mary Katherine McGetrick, Esq. Williams Mullen 200 S. 10 "' Street, 16'h {door Richmond, Virginia 23219 Tax Map Parcel 04600-00-00-019A2 DECLARATION OF PRIVATE EASEMENT AND MAINTENANCE AGREEMENT This PRIVATE EASEMENT MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day of , 2020, by BROOKHILL TOWN CENTER, LLC, a Virginia limited liability company (hereinafter, the "Declarant"), whose address is 455 Second Street, 211d Floor, Charlottesville, VA 22902, and BROOKHILL MASTER ASSOCIATION, INC (the "Association"). WHEREAS, the Declarant is the owner of certain real property located at the intersection of US 29 Seminole Trail and Polo Grounds Road and identified as Albemarle County Tax Map Parcel No. 46-19A2, which is a portion of former Albemarle County Tax Map Parcel No. 46-19A as more particularly shown and described on that certain easement plat dated November 16, 2018, prepared by Roudabush, Gale & Associates, Inc. entitled "COMPREHENSIVE EASEMENT PLAT FOR BROOKHILL BLOCKS 1-8, RIVANNA DISTRICT, ALBEMARLE COUNTY, VA" (hereinafter, the "Easement Plat"), which plat is of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5121, page 644; and WHEREAS, Declarant has subjected the property shown on the Easement Plat (the "Property") to that certain Master Declaration of Protective Covenants, Restrictions and Easements for Brookhill, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 5259, page 669 (as amended from time to time, the "Declaration"); and WHEREAS, Brookhill Master Association, Inc. has been created to maintain certain private maintenance easements as shown on the Easement Plat and common areas located within the Property, pursuant to the Declaration; and WHEREAS, the "VARIABLE WIDTH PRIVATE MAINTENANCE EASEMENTS (FOR IMPLEMENTATION OF SALAMANDER CROSSINGS)" as shown on the Easement Plat contain certain improvements including tunnels and wing walls which have been constructed to assist native salamanders in crossing beneath Polo Grounds Road during certain seasons (collectively, the "Crossing Improvements"). NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby (i) reserves to itself and grants to the Association a perpetual, non-exclusive easement for maintenance of the Crossing Improvements, and (ii) imposes upon the Declarant and the Association the following maintenance obligations for the Crossing Improvements: 1. Maintenance Obli atg ions. The Crossing Improvements will be maintained in perpetuity to a standard that, at a minimum, ensures that they will remain in substantially the condition they were in when approved by the County: [Describe that condition, as required by County Code § 14-317 AZC5)l. kAmjFor purposes of this instrument, "maintenance"; includes the maintenance of the Crossing Improvements, and all tunnels, walls, drainage facilities and other improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the Crossing Improvements reasonably open for usage as intended. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. 2. Inspections bye the Declarant/Association. At least twice per year following completion of the construction of the Crossing Improvements, the Association shall have the Crossing Improvements inspected for integrity, functionality and performance to ensure that the Crossing Improvements are in good working condition. At least once per year following completion of the construction of the Crossing Improvements, the Association shall have the drainage swale located within the easement inspected for any erosion or scour. To the extent any repairs or maintenance are required based on the results of the inspections, the Association shall perform such repairs or maintenance promptly, in a good and workmanlike manner. 3. Responsibility for Maintenance and/or Repnair. The owners of all lots shall be equally responsible for the cost of the maintenance of, and or repair to the Crossing Improvements, pursuant to the assessments levied by the Association in accordance with the Declaration, which includes the right of any landowner subject to the instrument to record a lien against a non-contributing landowner, to bring an action at law to collect the funds or both axe . No public agency, including the Virginia Department of Transportation and the axs County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. After the initial construction of the Crossing Improvements, any further construction, maintenance or repair shall be undertaken by the Association in accordance with the Declaration. SIGNATURE PAGE IMMEDIATELY FOLLOWS IN WITNESS WHEREOF, the Declarant and the Association haves caused this T'e n-Agreement to be executed on its behalf by its duly authorized agent. BROOKHILL TOWN CENTER, LLC L Alan R. Taylor, Jr., President COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , ro-wit: The foregoing T,o, lar-atio,, Agreement was acknowledged before me this day of 2020, by Alan R. Taylor, Jr. as President of Brookhill Town Center, LLC. Notary Public My commission expires: Commission No: BROOKHILL MASTER ASSOCIATION. INC. Lo-m COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Io-WIV The foregoing Agreement was acknowledged before me this day of 2020 b as of Brookhill Master Association Inc. Notary Public My commission expires: Commission No: 424t)3 750 I