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HomeMy WebLinkAboutSUB200900015 Legacy Document 2009-03-03COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4126 March 3, 2009 Tom Lincoln 632 Berkmar Circle Charlottesville, VA 22901 RE: SUB- 200900015 Woodbrook Station Dear Sir: The Site Review Committee has reviewed the development proposal referenced above. Preliminary comments for the following divisions of the Department of Community Development and other agencies, as applicable, are attached: Albemarle County Division of Zoning & Current Development (Planner) Albemarle County Division of Zoning & Current Development (Engineer) Albemarle County Division of Zoning & Current Development (Inspections) Albemarle County Division of Planning (Planner) Albemarle County Division of Planning (E911) Albemarle County Department of Fire Rescue Comments reflect information available . at the time the development proposal was reviewed, and should not be considered final. However, the Site Review Committee has attempted to identify all issues that could affect approval of the proposed project. Please make the revisions that have been identified as necessary for preliminary approval by the Site Review Committee. If you choose not to make the requested revisions, please submit in writing justification for not incorporating such revisions. Submit eight (8) full size copies and one (1) 11" x 17" copy to the Department of Community Development including responses to each of the attached comments of the Site Review Committee by March 16, 2009. Failure to submit this information by this date will result in suspension of the review schedule. Review will resume when revisions are submitted along with a reinstatement fee of $65. Please contact me at your earliest convenience if you have questions or require additional information. Sincerely, Elizabeth M. M tta Senior Planner Zoning & Current Development Application # Project Name Application Type Tax Map Parcel Project Description TMP Proffer Status All Applications: Review Coordinator Site Inspector Date Assigned Entered By: Andrew Slack on 0211312009 Elizabeth Marotta Unassigned Reviewer ID Submittal Type Group or Agency Status Received Due Completed Andrew Slack'! Final Plat E911 No Objection 02/13/2009 03/05/2009 02/13/2009 Document Review Documents Existing Review Docs Comments: The box below is meant for short comments. NO OBJECTION. Date Sent Application #: I SUB200900015 Short Review Comments Project Name:IWood[Brook Station - Final IFinal Plat Date Completed: 02/13/2009 Reviewer: Andrew Slack E911 Review Status: No Objection Reviews Comments: INO OBJECTION. Date Completed: Reviewer: Review Status: Reviews Comments: Date Completed: Reviewer: Review Status: Reviews Comments: 02/20/2009 James Barber Fire Rescue No Objection /erify adequate fire flow is available. Must compoly with the Virginia Statewide Fire Prevention Code. kpproval is subject to field inspection and verification. 02/10/2009 Max Greene Engineer Z &CD No Objection f his plat does not appear to have Engineering issues. Page: 1.00 County of Albemarle Printed On: Tuesday, March 03, 2009 A 1119i r - lk IID�. R ©! COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road Charlottesville, Virginia 22902 Phone (434) 296 -5832 Fax(434)972-4025 Date: February 25, 2009 To: Tom Li'' Coln Cc Owner: P side I, LLC From: lizabeth M. Marotta, Senior Planner Re: SUB200900015 The Zoning and Current Development Division of the Albemarle County Department of Community Development will approve the proposed plat referred to above when the following items have been satisfactorily addressed. (The following comments are those that have been identified at this time. Additional comments or conditions maybe added or eliminated bases upon further review.) Each comment is preceded by the applicable reference to the Albemarle County Code. 1. [Sec. 14- 302A4] Private easements. COMMENT: Please clarify to whom the proposed new parking easement is to be dedicated (ie. the use of Outlot D -1 ?). 2. [Sec. 14- 302A5] Public easements. COMMENT: A deed of easement must be approved by the County Attorney's office for the proposed "new storm drainage easement to be dedicated to public use" prior to final plat approval. A template of such deed of easement is attached for your reference. 3. [Sec. 14 -317] Instrument evidencing maintenance of certain improvements. COMMENT: Please provide a copy of the maintenance agreement /deed of easement for the proposed access, parking, and recreation easement. If you have any questions or need additional information, please feel free to email me at emarotta ,albemarle.org or by phone at 296 -5832 x3432. This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel Number Draft: 08/11/06 This deed is exempt from taxation under Virginia Code §§ 58.1- 811(A)(3) and 58.1- 811(C)(4). DEED OF EASEMENT THIS DEED OF EASEMENT is made this _ day of by and between Grantors, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owner of that certain real property (hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as a "Permanent Drainage Easement" to be dedicated to public use, shown on the plat of dated , a copy of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" and the "Plat "). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Property is described further as a portion of that certain lot or parcel of land situated in the designated as Subdivision on a plat by Magisterial District of the County of Albemarle, Virginia, dated of and recorded immediately prior hereto, being the same property conveyed to Grantors by deed of dated , recorded in said Clerk's Office in Deed Book , Page ; and 1 Draft: 08/11/06 WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey the Easement for public use in accordance with this Deed of Easement; and WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey the Easement for public use in accordance with this Deed of Easement, including all stormwater management facilities, ditches, pipes and other improvements and appurtenances within the Easement (hereinafter collectively referred to as the "Improvements," whether referring to Improvements to be established by the Grantor or those to be established in the future by the Grantee) required to be established under Chapter 18, Subdivisions, of the Albemarle County Code. WHEREAS, the completion of the Improvements by the Grantor is secured by a surety as provided under Chapter 18, Subdivisions, of the Albemarle County Code. NOW THEREFORE, in consideration of the premises and TEN DOLLARS ($10), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do 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 Grantors do hereby GRANT, CONVEY, and DEDICATE to public use the Improvements. The Easement shall be subject to the following: Right to construct, reconstruct, install, maintain, repair, change, alter and replace the Improvements. The Grantee shall have the right to construct and install Improvements in the future it deems necessary and appropriate. The Grantee also shall have the right to reconstruct, 2 Draft: 08/11/06 install, maintain, repair, change, alter, and replace existing and future Improvements (hereinafter collectively referred to as "inspecting, maintaining and operating" or derivations thereof) for the purposes of collecting stormwater and transmitting it through and across the Subdivision, protecting property from flooding, protecting water quality, and otherwise controlling stormwater runoff. Nothing herein shall excuse the Grantors from their obligation to establish the Improvements as required under Chapter 18, Subdivision, of the Albemarle County Code. 2. Ownership of the Improvements. All Improvements within the Easement, whether they were constructed or installed by the Grantors, 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 Grantors 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 reseeding or resodding 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 3 Draft: 08/11/06 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 paragraph 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 paragraph 6 except as expressly provided in this paragraph. 6. Right of Grantors to maintain the Easement premises. The Grantors 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 groundcovers, and making any other aesthetic improvements desired by the Grantors 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 the lot on which the Easement is located in order to inspect, maintain or operate 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 Grantors nor any person acting under the Grantors' express or implied consent shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within n Draft: 08/11/06 the Easement or any Improvement located within the Easement; and further provided that 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 Grantors, the Grantee, and their successors and assigns. All references herein to the "Grantors" 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 the conveyance of this property 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. GRANTORS: GRANTEE: Approved as to form: COUNTY OF ALBEMARLE, VIRGINIA ROBERT W. TUCKER, JR. COUNTY EXECUTIVE 5 V i i. Draft: 08/11/06 County Attorney COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing instrument was acknowledged before me this day of , 200_ by , Grantor. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing instrument was acknowledged before me this day of 200_ by , Grantor. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this day of 200_ by Robert W. Tucker, Jr., on behalf of the County of Albemarle, Virginia, Grantee. My Commission Expires: Notary Public