
Subject
title
Authorization for the City Manager to Approve a Public Improvements Easement Associated with Sidewalk Maintenance, on Lots 6-8, Shady Grove Neighborhood Center
end

Department
PW - Engineering

Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to execute the approval of an Public Improvements Easement for Sidewalk Maintenance between the Mayor and Council of Rockville and BXP, Inc. in conjunction with the Shady Grove Neighborhood Center redevelopment at Lots 6-8, Shady Grove Neighborhood Center.

Discussion
This item seeks Mayor and Council approval of, and authorization for, the City Manager to execute on its behalf the following easement associated with the Shady Grove Neighborhood Center redevelopment: Grant of Public Improvements Easement.
A Project Plan (PJT2017-00007) for the proposed mixed-use development of up to 330 townhouse units, up to 1,036 apartment units, up to 390,000 square feet of commercial and office use, up to 170,000 square feet of retail use and a neighborhood park was approved by the Mayor and Council at its meeting of April 29, 2019. A Level II Site Plan (STP2020-00393) to implement the Project Plan was approved by the Planning Commission at its meeting of March 11, 2020.
The Applicant, BXP, Inc. is required to provide easements, and to subsequently obtain Public Works approvals and permits in accordance with the Project Plan and Site Plan approvals.
The purpose of the Easement is to grant the City rights to access, maintain, repair, replace, operate and inspect City-owned sidewalk. The location of the proposed easement is shown on Attachment A. The draft document is provided in Attachment B, “Public Improvements Easement for Sidewalk Maintenance.”

Mayor and Council History
This is the first time this item has been brought before the Mayor and Council.

Next Steps
If approved by Mayor and Council, the City Manager will ensure the execution of the Grant of Public Improvements Easement 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 prior to issuance of associated Public Works permits for construction.
