HomeMy WebLinkAboutSUB202000099 Review Comments Easement Plat 2020-09-29County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To: Bethany Velasquez (BethM@roudabush.com
From: Cameron Langille, Senior Planner II
Division: Planning
Date: July 15, 2020
First Revision: September 29, 2020
Subject: SUB202000099 Brookhill — Block IA 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 IA parcel, TMP 46-19133, TMP 46-18A1. (plats, deeds, etc.) for TMPs
46-18, 46-18A, 46-19A1, 46-19A2, and 46-19133. Rev. 1: Comment not fully addressed. TMP 46-19B5
was most recently affected through an instrument recorded in DB 5371. pace 703. Additionally, this
instrument transferred ownership of TMP 46-19135 to Stanley Martin Companies LLC. Please revise
the statement of title so that it states the most recent instrument number and the correct owner name
and address.
a. Please remove the Brookhill plats and deeds of record from Sheet Vl. Rev. 1: Comment
addressed.
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. Rev. 1: Comment addressed.
a. [14-302 (A)(14)]Add a note stating the acreage of the area within the easement. Rev. 1:
Comment addressed.
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 I final site plan currently under review, parking required for Block I 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. Rev. 1: Comment not fully addressed. Note
12 on Sheet V1 states "Covenants, conditions and restrictions for this parcel are recorded
herewith." However, no covenants or conditions were submitted with the plat. Is this note
referencing the previously recorded HOA covenants in DB 5259, page 669, or is a separate
set of covenants going to be provided for the new parking and access easement?
3. 114-302 (A)(5)] Revise callout for the existing public drainage easement on TMP 46-18A1. This is not a
new easement, it should state existing. Rev. 1: Comment addressed.
4. 114-302 (A)(5)] Please update all instrument information in property labels on Sheet V2. Rev. 1: Comment
addressed.
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. Rev. 1: Comment not fully addressed. See attached Engineering comments and
deed template for further information.
6. [14-302 (A)(11)] Please update the missing instrument information in the Statement of Title for Block IA
parcel and TMP 46-19B3 on Sheet VI. Rev. 1: Comment not fully addressed. TMP 46-19135 was most
recently affected through an instrument recorded in DB 5371, pane 703. Additionally, this instrument
transferred ownership of TMP 46-19B5 to Stanley Martin Companies LLC. Please revise the
statement of title so that it states the most recent instrument number and the correct owner name and
address.
7. 114-302 (13)(1)] Please add a date of last revision to each sheet. Rev. 1: Comment stands.
8. 114-302 (13)(5)] Revise note 8 on Sheet VI 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. Rev. 1: Comment addressed.
9. [14-302 (13)(5)] Please revise note 6 on Sheet VI so that no references are made to the DBIZ. DBIZ's are
not official zoning overlay districts. Rev. 1: Comment addressed.
a. State that the parcel is zoned Neighborhood Model District (NMD) and is subject to the Code of
Development of ZMA201500007, the proffers of ZNIA201800011, and SP201500025. Rev. 1:
Comment addressed.
10. [14-302 (13)(5)] Please revise note 7 on Sheet VI so that it states the TMP number of the Block IA 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. Rev. 1:
Comment addressed.
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 IA 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. Rev. 1:
Comment addressed.
b. Revise label for the Block IA parcel so that it does not state that it is a portion of TMP 46-
19B3. Rev. 1: Comment addressed.
12. [14-303 (A)] Update the Statement of Consent to Division so that it states the TMP number for the Block
IA parcel. Rev. 1: Comment not fully addressed. TMP 46-19135 was most recently affected through an
instrument recorded in DB 5371. page 703. This instrument transferred ownership of TMP 46-
19B5 to Stanlev Martin Companies LLC. Please provide a separate statement of consent to division
and notary panel for TMP 46-19135.
New Comments First Revision:
13. [14-302 (13)(5)] Please address the following related to Zoning notes:
a. Note 7 on Sheet V L Per Section 18-30.6.2 (b)(1) and 18-30.6.2 (d), the Entrance Corridor
Overlay district applies to all properties that were contiguous with U.S. Route 29 on October 3,
1990. See the plat recorded in DB 5274 page 376. TMP 46-18A1 is still located within the EC
Entrance Corridor Overlay District. Please amend the note accordingly.
b. Note 6 on Sheet V L Per Section 18-30.6.2 (b)(1) and 18-30.6.2 (d), the Entrance Corridor
Overlay district applies to all properties that were contiguous with U.S. Route 29 on October 3,
1990. See the plat recorded in DB 5346 page 251. TMP 46-19B6 is still in EC Entrance
Corridor Overlay District. Please amend the note accordingly.
c. Note 5 on Sheet V L Per Section 18-30.6.2 (b)(1) and 18-30.6.2 (d), the Entrance Corridor
Overlay district applies to all properties that were contiguous with U.S. Route 29 on October 3,
1990. See the plat recorded in DB 5346 page 251. TMP 46-19B5 is still in EC Entrance
Corridor Overlay District. Please amend the note accordingly.
14. [14-302 (A)(15)] Please state the owner name and address for TMP 46-19B5 on Sheet VI.
15. [14-302 (13)(6) and 14-302 (A)(15)] Please revise the property labels for the adjacent properties TMPs 46-
18E and 46-18E1 on Sheet V2. These properties are now under ownership of Stanley Martin Companies
LLC. State the recorded instrument number in the property labels.
Please contact Cameron Langille in the Planning Division by using blanig llegalbemarle.org or 434-296-5832
ext.3432 for further information.
Comments from Other Reviewers:
Albemarle County Engineering Services (Engineer) — Emily Cox, ecox@albemarle.org — Requested
changes, see attached.
Albemarle County Service Authority (ACSA) — Richard Nelson, melson@serviceauthroity.org — Requested
changes, see attached.
Cameron Langille
From: Emily Cox
Sent: Friday, September 11, 2020 1:58 PM
To: Cameron Langille
Subject: Planning Application Review for SUB202000099 Brookhill Block 1A - Easement - Digital.
Attachments: Deed_of_Dedication_of_Drainage_Easement_EXEMPT FROM FEES.doc
-Same comment as previous review. Please provide deed or let the County know if you would like us to draft it. A
template was provided.
The Review for the following application has been completed:
Application Number = SUB202000099
Reviewer= Emily Cox
Review Status = Requested Changes
Completed Date = 09/11/2020
This email was sent from County View Production.
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
0
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
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
0
Cameron Langille
From: Richard Nelson <rnelson@serviceauthority.org>
Sent: Monday, September 21, 2020 11:04 AM
To: Cameron Langille
Subject: RE: SUB202000043 Brookhill Block 8B Subdivision and Easement Plat - 2nd Submittal
CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open
attachments unless you are sure the content is safe.
Hi Cameron,
I recommend SUB202000043 Brookhill Block 8B Subdivision and Easement Plat for approval.
Below are comments for Brookhill Block 1A plat:
Show the entire sewer easement to Archer Avenue.
Thanks,
Richard Nelson
Civil Engineer
Albemarle County Service Authority
168 Spotnap Road
Charlottesville, Virginia 22911
(434) 977-4511
From: Cameron Langille <blangille@albemarle.org>
Sent: Thursday, September 17, 2020 5:42 PM
To: Richard Nelson <rnelson@serviceauthority.org>
Subject: RE: SUB202000043 Brookhill Block 8B Subdivision and Easement Plat - 2nd Submittal
Hi Richard,
Just following up on this one — do you have any review comments?
From: Cameron Langille
Sent: Tuesday, August 25, 2020 5:45 PM
To: Emily Cox <ecox2@albemarle.ore>; Richard Nelson <rnelson@serviceauthoritv.ore>
Subject: 5UB202000043 Brookhill Block 86 Subdivision and Easement Plat - 2nd Submittal
Good evening,
The applicant has submitted a revised plat and a comment response letter for our review. Please send me any
comments or approvals by Tuesday, September 151n
Please let me know if you have any questions. Thanks,
Cameron
Cameron Langille
Senior Planner II
Community Development Department
Albemarle County, Virginia
blaneille@albemarle.org
(434) 296-5832 ext. 3432