Subject
title
Authorization for the City Manager to Release and Extinguish an Existing Storm Drain Easement and to Approve a Grant of Storm Drain Easement on Lot 23, Block A, Wheel of Fortune, 11511 Fortune Terrace
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Department
PW - Engineering
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to release and extinguish an existing storm drain easement recorded at Book 66248, Page 250 in the Montgomery County Land Records in conjunction with the Potomac Woods redevelopment, and subject to approval of a grant for a new storm drain easement on Lot 23E, Block A, Wheel of Fortune, 11511 Fortune Terrace.
Discussion
This item seeks Mayor and Council approval of and authorization for, the City Manager to execute on its behalf the release and extinguishment of an existing storm drain easement recorded at Book 66248, Page 250 in the Montgomery County Land Records on the property located at Lot 23E, Block A, Wheel of Fortune. Concurrently, staff seek Mayor and Council approval and authorization to allow the City Manager to execute a new storm drain easement on the same parcel in replacement of the easement to be extinguished.
As part of the Potomac Woods redevelopment, the Applicant, Marsol Fortune Terrace, L.L.C., et. al., was required to provide easements to the City for all public storm drains in areas not dedicated as Right-of-Way (ROW) and received permit approval to install public storm drains serving the new subdivision. As originally designed and constructed, the public storm drain outfalls to a headwall structure and rock outlet protection apron and subsequently conveys via sheetflow to a surface inlet within the State Highway Administration (SHA) Interstate-270 ROW (I-270 ROW). This area of the site also features a noise attenuation wall adjacent to the I-270 ROW and was originally approved to be collocated with the storm drain headwall. During the development’s final engineering design and review process, the Applicant is now pursuing a Site Plan Amendment and Public Works plan revision so as to realign the noise attenuation wall closer to the property line and to provide an underground, piped connection directly to SHA’s storm drainage system. The subject easement abandonment and re-recordation are required as part of the redesigned storm drain outfall. Staff are supportive of the proposed revision because it reduces City maintenance requirements by removing the headwall and rip rap apron which are no longer necessary.
The location of the existing easement is shown (Attachment A). The draft documents, “Release and Extinguishment of Grant of Storm Drain Easement” (Attachment B) and “Grant of Storm Drain Easement” (Attachment C), are also provided.
Mayor and Council History
The Mayor and Council authorized approval of the initial storm drain easement (to be extinguished) at its July 11, 2022, meeting on consent agenda item 7.G.
Next Steps
If approved by Mayor and Council, the City Manager will ensure the execution of the documents entitled, “Release and Extinguishment of Grant of Storm Drain Easement” and “Grant of Storm Drain Easement” in a form acceptable to the City Attorney and substantially similar to the draft documents attached to this staff report. The executed easement documents will be recorded in the Land Records of Montgomery County prior to the issuance of associated Public Works plan and permit revisions.