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HomeMy WebLinkAboutSUB202000099 Review Comments Easement Plat 2020-07-15 (2)k' 01Y AL vit�r�A County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434-296-5832 Memorandum To: Bethany Velasquez (Bethanygroudabush.com) From: Cameron Langille, Senior Planner Division: Planning Date: July 15, 2020 Subject: SUB202000099 Brookhill — Block lA 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.] [General Comment] Please provide a note for each parcel that lists most recent instruments for TMPs shown on this plat, including: Block I parcel, TMP 46-19133, TMP 46-18A1. (plats, deeds, etc.) for TMPs 46-18, 46-18A, 46-19A1, 46-19A2, and 46-19133. a. Please remove the Brookhill plats and deeds of record from Sheet V 1. 2. [14-302 (A)(4)] Revise label for the 20' and variable width parking and access easement so that it states it is a private easement. a. [14-302 (A)(14)]Add a note stating the acreage of the area within the easement. b. [14-302 (A)(15)] Add a note stating the names and addresses of the holders of the proposed easement. State who will own and maintain the proposed private access and parking easement. c. Per the Block lA final site plan currently under review, parking required for Block lA uses is within this easement. The applicant/owners may want to consider providing a deed of easement and/or maintenance agreement explaining the rights, responsibilities, etc. of this proposed easement. Staff can provide templates if needed. 3. [14-302 (A)(5)] Revise callout for the existing public drainage easement on TMP 46-18AL This is not a new easement, it should state existing. 4. [14-302 (A)(5)] Please update all instrument information in property labels on Sheet V2. 5. [14-302 (A)(5)] New public drainage easements will require deeds for review and approval. Engineering staff have attached a deed template. Please complete the template and send back for review with staff and the County Attorney. 6. [14-302 (A)(11)] Please update the missing instrument information in the Statement of Title for Block IA parcel and TMP 46-19133 on Sheet V1. 7. [14-302 (B)(1)] Please add a date of last revision to each sheet. 8. [14-302 (B)(5)] Revise note 8 on Sheet V 1 so that it states the parcel is zoned Neighborhood Model District (NMD) and is subject to the Code of Development of ZMA201500007, the proffers of ZMA201800011, and SP201500025. 9. [14-302 (13)(5)] Please revise note 6 on Sheet V 1 so that no references are made to the DBIZ. DBIZ's are not official zoning overlay districts. a. State that the parcel is zoned Neighborhood Model District (NMD) and is subject to the Code of Development of ZMA201500007, the proffers of ZMA201800011, and SP201500025. 10. [14-302 (13)(5)] Please revise note 7 on Sheet V 1 so that it states the TMP number of the Block lA parcel. a. State that the parcel is zoned Neighborhood Model District (NMD) and is subject to the Code of Development of ZMA201500007, the proffers of ZMA201800011, and SP201500025. 11. [General Comment] Please be aware that several subdivision applications within and surrounding B1ock1A of Brookhill are nearing approval and will likely be recorded prior to approval of this plat. A Tax Map Parcel (TMP) number for the Block I parcel will be established after recordation of SUB202000039, and the residue of TMP 46-19B3 may be assigned a new TMP. Please coordinate with the Albemarle County Real Estate office to ensure that correct TMP numbers are shown on this plat. Parcel information in the County's GIS system will not be updated immediately after plat recordation, so new TMPs may not show up for several weeks after new parcels have been created/assigned TMP numbers. Staff requests documentation of correspondence between the applicant and Real Estate staff so that TMP numbers can be verified. a. Revise Sheet V2 so that the true property boundaries of the Block IA parcel are shown. b. Revise label for the Block lA parcel so that it does not state that it is a portion of TMP 46- 19B3. 12. [14-303 (A)] Update the Statement of Consent to Division so that it states the TMP number for the Block 1 A parcel. Please contact Cameron Langille in the Planning Division by using blan ig llegalbemarle.org_or 434-296-5832 ext.3432 for further information. Comments from Other Reviewers: Albemarle County Engineering Services (Engineer) — Emily Cox, ecoxgalbemarle.org — Requested changes, see attached. Albemarle County Service Authority (ACSA) — Richard Nelson, rnelsonnserviceauthroi , .org — Review not yet complete, comments or approvals will be forwarded to the applicant upon receipt. Review Comments for SUB202000099 Easement Plat 1-1 Project Name: Brookhill Block 1 A - Easement - Digital Date Completed: Friday, June 12, 2020 Department/DivisionlAgency: Review Status: Reviewer Emily Cox CDD Enaineerina .. Requested Changes - Public drainage easement will need a deed. Please use attached template with track changes turned on, or request that the county complete the deed. Page: 1 County of Albemarle Printed On: 06I1712020 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number(s) This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this day of , is by and between Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, the Grantor is the owner of that certain real property located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as " " (hereinafter, the "Easement"), shown on the plat of , dated , last revised , entitled , (hereinafter, the "Plat"), a copy of which is attached hereto and recorded herewith. Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Easement is described further as a portion of that certain lot or parcel of land situated in the designated as plat by Magisterial District of the County of Albemarle, Virginia, dated (hereinafter, the "Property") on a and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book , page also being the same property conveyed to the Grantor herein by deed of [enter name of person], recorded in said Clerk's Office in Deed Book , page ; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. 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 exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the 2 re -seeding or re -sodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this section. 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcover, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on and across the Property in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall 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. 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 this conveyance pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures. SIGNATURES BEGIN ON THE FOLLOWING PAGE .19 GRANTOR: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF [OWNER] The foregoing instrument was acknowledged before me this day of , by , Grantor. Notary Public My Commission Expires: Registration number: SIGNATURES CONTINUE ON THE FOLLOWING PAGE 5 GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA By: 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 County of Albemarle, Virginia, Grantee. My Commission Expires: Registration number: Approved as to form: County Attorney Date Notary Public 2 This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Parcel ID Number(s) This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk's fees under Virginia Code § 17.1-266. DEED OF DEDICATION AND EASEMENT THIS DEED OF DEDICATION AND EASEMENT, dated this day of , is by and between Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESS: WHEREAS, the Grantor is the owner of that certain real property located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as " " (hereinafter, the "Easement"), shown on the plat of , dated , last revised , entitled , (hereinafter, the "Plat"), a copy of which is attached hereto and recorded herewith. Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Easement is described further as a portion of that certain lot or parcel of land situated in the designated as plat by Magisterial District of the County of Albemarle, Virginia, dated (hereinafter, the "Property") on a and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book , page also being the same property conveyed to the Grantor herein by deed of [enter name of person], recorded in said Clerk's Office in Deed Book , page ; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Dedication and Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all ditches, pipes and other improvements and appurtenances within the Easement established for the purpose of conveying stormwater (hereinafter collectively referred to as the "Improvements," whether referring to existing Improvements or those to be established in the future by the Grantee), excluding building connection lines. 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 exclusive easement as shown on the Plat and as referred to herein as the Easement. FURTHER, pursuant to the consideration described herein, the Grantor does hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: 1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain, repair, change, alter, and replace present or future Improvements (hereinafter referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting storm water and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were installed by the Grantee or any predecessor in interest, shall be and remain the property of the Grantee. 3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and egress over any lands of the Grantor adjacent to the Easement between any public or private roads and the Easement, to inspect, maintain and operate the Improvements. 4. Right to inspect, maintain and operate the Improvements. The Grantee may enter the Easement to inspect, maintain and operate the Improvements. 5. Right of Grantee to disturb and maintain the Easement premises. The Grantee shall have the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove fences, structures or other obstructions, and take other similar action reasonably necessary to provide adequate and fully functioning Improvements; provided, however, that the Grantee, at its own expense, shall restore as nearly as possible, the premises to their original condition. This restoration shall include the backfilling of trenches, the replacement of fences and shrubbery, the 2 re -seeding or re -sodding of lawns or pasture areas, and the repair or replacement of structures and other facilities located outside of the Easement that were damaged or destroyed by the Grantee. However, the Grantee shall not be required to repair or replace any structures, trees, or other facilities located within the Easement, but be required only to repair or replace groundcover within the Easement that was disturbed, damaged or removed as a result of installing or maintaining any of the Improvements. In addition, the Grantee shall remove from the Easement all trash and other debris resulting from the installation, maintenance or operation of an Improvement, and shall restore the surface thereof to its original condition as nearly as reasonably possible. Notwithstanding the foregoing, the Grantee shall not be required to repair or replace anything identified in this section if to do so would be inconsistent with the proper maintenance or operation of the Improvements. In addition, neither the Grantee nor any other public agency, including the Virginia Department of Transportation, shall be responsible for conducting routine maintenance as described in Section 6 except as expressly provided in this section. 6. Right of Grantor to maintain the Easement premises. The Grantor shall have the right to perform routine maintenance of the Easement premises, including the removal of trash and landscaping debris, mowing and manicuring lawns and groundcover, and making any other aesthetic improvements desired by the Grantor that are not inconsistent with the rights herein conveyed, and which do not adversely affect the proper operation of any Improvement. The right to maintain the Easement premises does not include the right to maintain the Improvements. 7. Temporary construction easement. The Grantee shall have a temporary construction easement on and across the Property in order to construct, install, maintain, repair, change, alter, or replace an Improvement. This temporary construction easement shall expire upon completion of the work. 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and such persons shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other structure within the Easement. 9. Grantee's right to assign. The Grantee shall have the right to assign this Easement as its interests may require. 10. Binding effect. The Easement and the rights and obligations established herein shall run with the land in perpetuity, and shall 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. 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 this conveyance pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures. SIGNATURES BEGIN ON THE FOLLOWING PAGE .19 GRANTOR: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF [OWNER] The foregoing instrument was acknowledged before me this day of , by , Grantor. Notary Public My Commission Expires: Registration number: SIGNATURES CONTINUE ON THE FOLLOWING PAGE 5 GRANTEE: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: COUNTY OF ALBEMARLE, VIRGINIA By: 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 County of Albemarle, Virginia, Grantee. My Commission Expires: Registration number: Approved as to form: County Attorney Date Notary Public 2