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HomeMy WebLinkAboutWPO202200024 Easements 2023-01-12Phil Horwitch From: Matthew Wentland <mwentland@albemarle.org> Sent: Tuesday, October 25, 2022 10:51 AM To: Ian Susslin; Frank Pohl; Wyatt Hanson Cc: Morgan Zinger Subject: RE: Rivanna - Stormwater Management Access Easements. Ian, We were waiting to see what the new layout would be first, since what's shown below needed to be redesigned to remove them from the panel areas. Thank you, Matt From: Ian Susslin<isusslin@adapturerenewables.com> Sent: Tuesday, October 25, 2022 11:48 AM To: Matthew Wentland <mwentland@albemarle.org>; Frank Pohl <fpohl@albemarle.org>; Wyatt Hanson <whanson@adapturerenewables.com> Cc: Morgan Zinger <mzinger@adapturerenewables.com> Subject: RE: Rivanna - Stormwater Management Access Easements. Importance: High 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. Matt, Good morning. Just touching base again on the SWIM BMP Easements. Have you heard anything back from the County Attorneys on if we can just give you an easement to the Leased Area (fence line) instead of separate easements to individual BMPs? a. Rivanna Solar -SWIM i. Yellow Highlight Area is where the SWIM Facilities area ii. M Highlight is the Leased Area (fence line) Please let me know if you have any questions. Thank you, Ian Susslin isusslin@adapturerenewables.com Project Engineer Direct: 510.710.5666 Adapture Renewables, Inc. 1901 Harrison Street, Suite 1630, Oakland, CA 94612 From: Matthew Wentland <mwentland@albemarle.org> Sent: Friday, September 16, 2022 11:14 AM To: Ian Susslin <isusslin@adapturerenewables.com>; Frank Pohl <fpohlfpohl@albemarle.org>; Wyatt Hanson <whanson@adapturerenewables.com> Cc: Morgan Zinger <mzinger@adapturerenewables.com@adapturerenewables.com> Subject: RE: Rivanna - Stormwater Management Access Easements. 2 Ian, I apologize, I did miss this email. I haven't been in the office or available much this week (5-year old with pneumonia). I should be able to get to this early next week, but it will need to be separate easements on the BMPs and access will be provided by the SWM Maintenance Agreement, so easements leading to each BMP won't be needed. I may also need to discuss some of this with our Attorney's Office. I've included our draft deed that we fill out for your teams review. Thank you, Matt From: Ian Susslin <isusslin@adapturerenewables.com> Sent: Sunday, September 11, 2022 12:45 PM To: Matthew Wentland <mwentland@albemarle.org>; Frank Pohl <fpohl@albemarle.org>; Wyatt Hanson <whanson@adapturerenewables.com> Cc: Morgan Zinger <mzinger@adapturerenewables.com> Subject: RE: Rivanna - Stormwater Management Access Easements. Importance: High 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 Matt, I talked with my team about the easements needed for the stormwater management, and there are 2 points we would like to discuss/clarify before we move forward on the necessary easement(s), Please see below: 1. Location and number of easements —You mentioned that you discussed with the County Attorney's Office and confirmed that the County will need separate easements over the various SWP facilities. However, I want to make sure that your team is aware of the site and where the facilities are — see the site plan attached. We think a single, comprehensive easement that matches our lease/fenced area is more sensible and advantageous for both parties, with no downside to the county. If we prepare separate easements, they will need to be connected somehow physically to permit access to the inland/islanded SWP facilities in the middle of the site, and inspectors would need to be mindful of the narrow easement locations. Conversely, a single, expansive easement would provide inspectors with broad access to all the SWP facilities as well as the area between them for purposes of traversing and accessing the site and facilities. It would also be simpler for us because it would be a single easement and we already have our fenced area surveyed, versus surveying each facility separately and preparing/recording multiple easements. We think this efficiency, simplicity, and broader rights for the County make the most sense for both parties. a. Rivanna Solar-SWM i. Yellow Highlight Area is where the SWM Facilities area ii. 12 Highlight is the Leased Area (fence line) 2. Term of easement(s) — I understand the County prefers to have these easements be perpetual in term. While not an issue for Adapture Renewables or Rivanna Solar LLC, we will need to socialize this with the landowner. Our site lease has a 35-year term, plus 6mo for decommissioning. The longest useful life expected for a solar facility like this is —40 years. Given this, we would like to propose an easement term for <40 years. However, if the County needs it to be perpetual, we can work on this with the landowner. I am wondering what the process/requirements may be (in general) in order to remove the easement from record once the system is decommissioned/removed, in order to give the landowner comfort that the property will not remain encumbered beyond the life of the project. That is, if the easement is perpetual but there is a process to terminate the easement later, that might be materially the same as a —40yr term from the landowner's perspective. As always, I remain available for discussion on these matters and would welcome both of our attorneys to join as well in order to make this process as efficient as possible for you. Our Attorney Wyatt Hanson is CC'd Please let me know if this would make sense for your team, or if you have any questions. 4 In the meantime, we are wondering if you could share a draft/example of the easements that my team can begin reviewing and sharing with the landowner? I understand these will not be form final, but they would expedite the process overall to the extent we could get a "head start" on reviewing them. Thank you, Ian Susslin Project Engineer Adapture Renewables, Inc. isussl inC@adapturerenewables.com Direct: 510.710.5666 1901 Harrison Street, Suite 1630, Oakland, CA 94612 From: Matthew Wantland <mwentland@albemarle.org> Sent: Wednesday, September 7, 2022 4:55 AM To: Ian Susslin <isusslin@adapturerenewables.com>; Frank Pohl <fpohl@albemarle.org> Cc: Phil Horwitch <phorwitch@americanhelios.com>; Morgan Zinger <mzinger@adapturerenewables.com> Subject: RE: Rivanna - Stormwater Management Access Easements. Ian, We discussed the easements with the County Attorney's Office and we will need separate easements on all the facilities. This includes all facilities used for DEQ compliance, including areas of Sheet Flow to Conserved Open Space. We won't need access easements to the facilities, as that will be handled with the Stormwater Maintenance Agreement. Please let us know if you have any questions. Thank you, Matt From: Ian Susslin <isusslin@adapturerenewables.com> Sent: Thursday, September 1, 2022 11:52 AM To: Matthew Wentland <mwentland@albemarle.org>; Frank Pohl <fpohl@albemarle.org> Cc: Phil Horwitch <phorwitch@americanhelios.com>; Morgan Zinger <mzinger@adapturerenewables.com> Subject: RE: Rivanna - Stormwater Management Access Easements. 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. Matt, Let us know if you need any additional information. Also if the legal department needs to talk with our legal team, I can easily arrange that. Thank you, Ian Susslin I isusslin@adapturerenewables.com Project Engineer ) Direct: 510.710.5666 Adapture Renewables, Inc. ) 1901 Harrison Street, Suite 1630, Oakland, CA 94612 From: Matthew Wentland <mwentland@albemarle.org> Sent: Tuesday, August 30, 2022 6:37 AM To: Ian Susslin <isusslin@adapturerenewables.com>; Frank Pohl <fpohl@albemarle.org> Cc: Phil Horwitch <phorwitch@americanhelios.com>; Morgan Zinger <mzinaer@adapturerenewables.com> Subject: RE: Rivanna - Stormwater Management Access Easements. Ian, Let me discuss this with our Legal Department and I'll get back to you. Thank you, Matt From: Ian Susslin <isusslin@adapturerenewables.com> Sent: Monday, August 29, 2022 5:31 PM To: Matthew Wentland <mwentland@albemarle.org> Cc: Phil Horwitch <phorwitch@americanhelios.com>; Morgan Zinger <mzinaer@adapturerenewables.com> Subject: Rivanna - Stormwater Management Access Easements. 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. Matt, Good afternoon. I'm reaching out to follow up on our conversation we had last week about the Stormwater Management Access Easements for the Rivanna Solar Project. (see attached PDF) C. Stormwater Management Plan (SWMP) VSMP Regulation 9VAC25-870-108 requires the VSMP authority to approve or disapprove a SWMP. This plan is disapproved, and the reasons are provided in the comments below. The stormwater management plan content requirements can be found in County Code section 17- 403. 1. A SWM maintenance agreement will be required. Please contact Ana Kilmer in our office to begin this process. 2. Provide the plans as a single set 3. Include the General Notes on the cover sheet (linked in email). 4. If the project does not obtain an interconnection approval by December 31, 2024, it will need to comply with the attached DEQ memos. 5. Show and label all required easements on the plans, including access easements to proposed facilities. Easements will be dedicated to public use and should include all the measures used for DEQ compliance. 6. A plat and deed of dedication for the stormwater facility easements will need to be recorded prior to approval of the VSMP and site plans. Since the SWM measure are all over the site(within the fenced area) and it will get complicated to create small easements, we are working on giving the County an easement to our leased area for the site. Our leased area from the Landowner will be the fenced area. This seems to be the best option for us. If you have any comments/concerns about this, please let us know. For the maintenance agreement, we have started talking with Ana Kilmer to make sure we get her everything she needs. Thank you, Ian Susslin isusslinC@adaoturerenewables.com Project Engineer Direct: 510.710.5666 Adapture Renewables, Inc. 1901 Harrison Street, Suite 1630, Oakland, CA 94612 IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Adapture Renewables. may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it to the sender and delete it completely from your computer system. IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Adapture Renewables. may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it to the sender and delete it completely from your computer system. IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Adapture Renewables. may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it to the sender and delete it completely from your computer system. IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Adapture Renewables. may contain information that is confidential and legally privileged. Please do not read, copy, forward, or store this message unless you are an intended recipient of it. If you have received this message in error, please forward it to the sender and delete it completely from your computer system.