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Home My WebLink AboutSUB202000130 Review Comments Final Plat 2020-08-20�y OF J2 A U :m m hxaK�D� County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434-296-5832 Fax 434-972-4126 Memorandum To: Jeff Powell (joowell(i0oudabush.com), Brian Jamison (BJamison@roudabush.com) From: Cameron Langille, Senior Planner II Division: Planning Date: August 4, 2020 First Revision: August 20, 2020 Subject: SUB202000130 TMPs 78-20M1 & 78-20M5 Boundary Line Adjustment Plat 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)(5)] Please be aware that two other plats for these parcels are currently under review: SUB202000089 and SUB202000115. Update easement labels to state the recorded instrument number for that plat once recorded. Rev. 1: SUB202000089 and SUB202000115 have both been approved. Once recorded, please update easement labels so that correct instrument numbers are stated. 2. [14-302 (A)(5)] Per comments issued by staff for the site plan under review for this development, an easement granting public access over the western vehicle travel way and sidewalk within the Presidio development is needed on TMP 78-20M6. This easement must be recorded prior to final site plan approval. Staff suggests adding the easement to this plat. Please contact Scott Collins with Collins Engineering, scott@collins-en ing eering com, to coordinate and verify locations of the travel way and sidewalk so that the easement location is correct. a. Revise the plat title so that it states that this is a BLA and easement plat for TMP 78-20M1, 78- 20M5, and 78-20M6. Rev. 1: Comment addressed. b. Show easement boundaries on Sheets 1 and 2. Rev. 1: Comment addressed. c. Name the easement "new permanent access easement." This will not be a public easement dedicated to the County, but simply an easement over a private sidewalk and travel way granting public access to use those improvements for bicycle and pedestrian access purposes. Rev. 1: Comment addressed. d. State the width and size of the easement in the label/callout. Rev. 1: Comment addressed. e. Add a note stating the applicable zoning districts for TMP 78-20M6 on Sheet 2. Rev. 1: Comment addressed. f Add the TMP number 78-20M6 to the statement of consent to division on Sheet 1. Rev. 1: Comment addressed. g. State the owner address for TMP 78-20M6 to Sheet 2. Rev. 1: Comment addressed. h. A declaration of maintenance and easement will need to be provided and recorded with this plat. An example of a declaration of maintenance and easement for a similar easement on another project is attached. Please revise the document so that it correctly identifies the new access easement in Presidio, states the correct Tax Map Parcel numbers, who will maintain the easement, etc. Portions of the declaration that need to be revised are highlighted in yellow. The applicant may adjust other sections as they see fit. Once submitted, the County Attorney will review the declaration. Rev. 1: County Attorney has revised the draft declaration, please see attached. Once the plat is ready for final signatures, be sure to submit a copy of the declaration with the County Attorney's edits incorporated. 3. [14-302 (A)(11)] Please be aware that two other plats for these parcels is currently under review: SUB202000089 and SUB202000115. Please revise instrument numbers in the parcel labels accordingly to state the correct instrument numbers for TMPs 78-20M5 and 78-20M6. Rev. 1: Comment stands, please update parcel labels once SUB202000089 and SUB202000115 are recorded. 4. 114-302 (13)(5)] Revise the zoning note on Sheet 2 as follows: a. Clearly state that TMPs 78-20M5, 78-20M6, and 78-20M1 are subject to the proffers and Application Plan of ZMA200100015. Rev. 1: Comment addressed. 5. [14-302 (13)(1)] Please add a date of last revision. Rev. 1: Comment stands. Please contact Cameron Langille in the Planning Division by using blanig lle@albemarle.org or 434-296-5832 ext. 3432 for further information. This document was prepared by: Williams Mullen 321 E. Main Street Suite 400 Charlottesville, Virginia 22902JAaq Tam Map Parcel ID Nos.: 07800-00-00-020M5 and 07800-00-00-020M6 DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (for Sidewalk and Travel Way) THIS DECLARATION OF MAINTENANCE AND PUBLIC ACCESS (this "Declaration") is made as of this _ day of 2020, by PRESIDIO PANTOPS, LLC, a Virginia limited liability company (the "Presidio"), to be indexed as Grantor and Grantee. WITNESS: WHEREAS, Presidio is the owner of that certain real property (hereinafter the "Property"), located in Albemarle County, Virginia, more particularly described as follows: ALL that certain lot or parcel of land shown as "Tax Map Parcel 07800-00-00-020M3,' containing 26.984 acres, more or less, on that certain plat made by Roudabush, Gale & Associates, Inc., dated June 1, 2018, and last revised June 22, 2018, entitled "Boundary Line Adjustment Tax Map 78, Parcel 20M3, Tax Map 78, Parcel 20MI Located on Peter Jefferson Parkway Off U.S. Route 250, East of Charlottesville, Rivanna Magisterial District, Albemarle County, Virginia," which plat was recorded in Albemarle County Circuit Court Clerk's Office in Deed Book 5077, page 119; BEING the same property conveyed to Presidio by deed dated as of July 27, 2018, and recorded in the aforementioned Clerk's Office in Deed Book 5077, page 127; and WHEREAS, a portion of the Property is also shown and designated as "TMP 78-20M6" on that certain plat prepared by Roudabush, Gale & Associates, Inc., dated June 30, 2020, last revised August 76, 2020, entitled "Plat Showing Boundary Line Adjustment Between Tax Map 78, Parcel 20MI and Parcel 20M5 and New Variable Width Permanent Access Easement Parcel 20M6, Rivanna Magisterial District, Albemarle County, Virginia," which such plat is attached hereto and recorded herewith as Exhibit A (the "Plat"); and WHEREAS, for the purposes of redeveloping the Property, Presidio, and/or its assigns, shawill construct a new private sidewalk (the "Private Sidewalk") and private travel way (the "Private Travel Way"); and WHEREAS, the location of the Private Sidewalk and Private Travel Way is shown and designated as "New Var. Width Permanent Access Easement" and "New Var. Width Permanent Access Esmt." on the Plat; and WHEREAS, Presidio desires to grant to the public the right of access for ingress and egress over the Private Sidewalk and Private Travel Way; and WHEREAS, Presidio agrees to maintain the Private Sidewalk and Private Travel Way unless and until it is accepted by the County. NOW, THEREFORE, for and in consideration of the mutual benefits accruing or to be accrued to Presidio, its successors and assigns, and to any future owners of the Property, Presidio hereby declares, establishes, and grants an access easement for the benefit of the public for ingress and egress over the Private Sidewalk and Private Travel Way; and FURTHER, Presidio hereby agrees to maintain the Private Sidewalk and Private Travel Way as follows: MINIMUM STANDARD: The Private Sidewalk and Private Travel Way shall be maintained with minimum standards as are shown on the Plat, and maintained in perpetuity to substantially the same condition it was in when approved by the County. The Private Sidewalk and Private Travel Way shall be maintained so that it is safe and convenient for pedestrians at all times except in severe temporary weather conditions. For purposes of this instrument, "-maintenance"'- includes the maintenance of the Private Sidewalk and Private Travel Way, and all curbs, surface materials, curbs and gutters, drainage facilities, utilities, dams, and other private sidewalk improvements, as applicable, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the Private Sidewalk and Private Travel Way reasonably open for usage by all pedestrians and bicyclists. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. COST OF MAINTENANCE: Presidio shall be responsible for the cost of the maintenance of, and/or repair to the Private Sidewalk and Private Travel Way. Any division of the Property shall require the reassessment of cost to be equally shared by all owners using the Private Sidewalk and Private Travel Way. No public agency, including the Virginia Department of Transportation and the 2 County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: After the initial construction of the Private Sidewalk and Private Travel Way, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners determines that the Private Sidewalk or Private Travel Way is not safe and convenient for pedestrians and bicyclists at all times except in severe temporary weather conditions and such owner gives thirty (30) days prior written notice to all other owners using the Private Sidewalk or Private Travel Way, such owner may commence or contract for maintenance or repair to bring the Private Sidewalk or Private Travel Way to the minimum standard and the charges therefore shall be the responsibility of all owners using the Private Sidewalk and Private Travel Way. DEFAULTING OWNER(S): If any owner shall fail to pay his/her/its proportionate share of the costs of maintenance or repair for which he/she/it is responsible, as provided hereinabove, any other owner not in default, or the person or entity performing such maintenance, may after thirty (30) days written notice to the defaulting parcel owner(s) bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her/its proportional share of maintenance or repair. The amount due by any delinquent owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent owner shall be liable to pay all costs of collection, including reasonable attorney's fees. FURTHER, each and all of the covenants, obligations, restrictions, conditions and provisions contained in this Declaration (whether affirmative or negative in nature) shall be construed as covenants running with the land intended to be benefited or burdened thereby and shall bind and inure to the benefit of Presidio, its respective successors and assigns, and every individual, partnership, association, corporation, limited liability company or other entity having any interest in the Property at any time. FURTHER, to the extent that this Declaration establishes public access on the Private Sidewalk and Private Travel Way, this Declaration is also for the express benefit of the County of Albemarle, Virginia (the "County") and the Board of Supervisors of the County (the `Board"), who are hereby third party beneficiaries of this Declaration. The County and the Board shall have the right and authority to maintain an action to enforce this access easement for the benefit of the public for ingress and egress over the Private Sidewalk and private Travel Way as provided in this Declaration as though they were parties hereto. 43117880_1 [SIGNATURE PAGE FOLLOWS] 0 IN WITNESS WHEREOF, Presidio has caused this Declaration to be executed on its behalf by its duly authorized agent. PRESIDIO PANTOPS, LLC, a Virginia limited liability company By: River Bend Management, Inc., its Manager Printed Name: Title: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF _ to -wit: The foregoing instrument was acknowledged before me this _ day of 2020 by as of River Bend Management, Inc., as Manager of Presidio Pantops, LLC, a Virginia limited liability company, on behalf of such company. My commission expires: Notary Public Notary Registration No.: E Exhibit A the Plat (attached) 0