Subject
title
Authorization for the City Manager to Approve Two Easements and One License and Maintenance Agreement Associated with Public Improvements and Storm Drain at Lot 6, Block D, Rockville Estates
end
Department
PW - Engineering
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to execute two easements and one license and maintenance agreement between the Mayor and Council of Rockville and Woodley Waves LLC, in conjunction with the Georgetown Hill School and the Woodley Gardens Pool redevelopment at Lot 6, Block D, Rockville Estates, 850 Nelson Street.
Discussion
This item seeks Mayor and Council approval of and authorization for, the City Manager to execute on its behalf the following easements and agreements associated with the Georgetown Hill School and the Woodley Gardens Pool redevelopment:
1) Public Improvement Easement
2) Storm Drain Easement
3) License and Maintenance Agreement for Private Storm Drain Outfall on Woodley Gardens Park
A major site plan amendment to reestablish Georgetown Hill School and Woodley Gardens Pool at 850 Nelson Street was approved by the Planning Commission at its October 9, 2024, meeting.
1) Public Improvement Easement
This item authorizes the City Manager to approve a Public Improvement Easement in accordance with the project’s Site Plan requiring the Applicant to grant a minimum 1-foot Public Improvement Easement (PIE) adjacent to the existing public right-of-way along the property’s Nelson Street frontage.
The purpose of the Easement is to provide the area necessary for the City to access, maintain, repair, replace and inspect public sidewalks that abut the property. The additional one foot that is typically provided behind the sidewalk allows for excavation and form construction. The location of the proposed easement is shown on Attachment 1. The draft document is provided in Attachment 2, “Grant of Public Improvement Easement.”
2) Storm Drain Easement
A City-owned and maintained public storm drain has existed along the site’s western property line since the Woodley Gardens/Rockville Estates subdivision was constructed in the 1960s. Staff, however, have found no record of a corresponding storm drain easement in the Montgomery County Land Records, and as such, required the Applicant to grant to the City a new easement as a condition of the proposed redevelopment. Easements for all public storm drains in areas not dedicated as right-of-way (ROW) are necessary and give the City rights to access the easement area for the purpose of installing, constructing, reconstructing, maintaining, repairing, operating and inspecting City-owned storm drain infrastructure. The location of the proposed easement is shown on Attachment 1. The draft document is provided in Attachment 3, “Grant of Storm Drain Easement.”
3) License and Maintenance Agreement for Private Storm Drain Outfall on Woodley Gardens Park
This item authorizes the City Manager to approve a revocable License and Maintenance Agreement associated with the Georgetown Hill School and the Woodley Gardens Pool redevelopment. Under existing conditions and since the original construction of the subject property in the 1960s, a private storm drain has existed at the rear of the Applicant’s main parking lot, which outfalls onto the City’s Woodley Gardens Park. The Applicant proposes to reuse the existing private storm drain infrastructure and install onsite stormwater management facilities connecting to the private outfall to mitigate the stormwater quality impacts to Watts Branch caused by the redevelopment. The location of the proposed license area for private storm drain improvements is shown in Attachment 1. The draft document is provided in Attachment 4, “License and Maintenance Agreement - Private Storm Drain on Woodley Gardens Park.”
In accordance with the project’s Site Plan and SWM Concept, private SWM facilities are proposed to outfall to the City Park because alternate storm drain alignments would impact existing site improvements (i.e., pool, pool deck, trees) or are otherwise physically constrained by vertical inverts. Several micro-scale ESD facilities are spread throughout the site to help mitigate the impacts to receiving streams by promoting groundwater “recharge,” filtering the stormwater, and “uptake” of the nutrients by vegetation planted in the SWM facilities.
The Applicant will be held responsible to perform all necessary construction, repair, maintenance, inspection, replacement and operation of the private storm drain outfall.
Permission to locate and continue use of the private storm drain outfall on City property requires a license and maintenance agreement between the Applicant and the City. The Planning Commission approval of this redevelopment plan is conditioned on recordation of this License and Maintenance Agreement in the Land Records of Montgomery County.
Mayor and Council History
This is the first time this item has been bought before the Mayor and Council.
Next Steps
If approved by Mayor and Council, the City Manager will ensure the execution of the following listed documents in a form substantially similar to the draft documents attached to this agenda and as approved by the City Attorney. The documents will be recorded in the Land Records of Montgomery County.
1) Public Improvement Easement
2) Storm Drain Easement
3) License and Maintenance Agreement for Private Storm Drain Outfall on Woodley Gardens Park