Subject
title
Authorization for the City Manager to Release and Extinguish Four Existing Easements for Sewer, Stormwater Management, Water, and Water Meter, and to Approve Five Easements and Three License and Maintenance Agreements Associated with Private Amenities, Utilities and Stormwater Management, Public Access, Storm Drain, Water and Sewer on Block D, Tower Oaks
end
Department
PW - Engineering
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to execute the release of four existing easements and the approval of five easements and three license and maintenance agreements between the Mayor and Council of Rockville and either Michael Harris at Tower, L.L.C. (Applicant) or Tower-Dawson, L.L.C. (Adjacent Property Owner), in conjunction with the Tower Preserve development at Parcels D, E and F, Block D, Tower Oaks, 2200 Tower Oaks Boulevard.
Discussion
This item seeks Mayor and Council approval of, and authorization for, the City Manager to execute on its behalf the following releases, easements and agreements associated with the Tower Preserve development:
1) Release and Extinguishment of Sewer Easement
2) Release and Extinguishment of Stormwater Management Easement
3) Release and Extinguishment of Water Easement
4) Release and Extinguishment of Grant of Water Meter Easement
5) Grant of Public Access Easement (Michael Harris)
6) Grant of Sewer Easement (Tower-Dawson)
7) Grant of Storm Drain Easement (Michael Harris)
8) Grant of Storm Drain Easement (Tower-Dawson)
9) Grant of Water and Sewer Easement (Michael Harris)
10) License and Maintenance Agreement for Private Monuments within Right-of-Way (Michael Harris)
11) License and Maintenance Agreement for Private Stormwater Management within Right-of-Way (Michael Harris)
12) License and Maintenance Agreement for Private Improvements within Right-of-Way (Tower-Dawson)
A Project Plan (PJT2023-00015) for the proposed residential development of up to 82 Townhouses was approved by the Mayor and Council at its meeting of October 30, 2023. A Level II Site Plan (STP2024-00473) to implement the Project Plan was approved by the Planning Commission at its meeting of July 24, 2024.
The Applicant, Michael Harris at Tower, L.L.C., is required to provide easements and agreements, and to subsequently obtain Public Works approvals and permits in accordance with the Project Plan and Site Plan approvals. The Applicant’s plans to develop Parcel D, Block D (Subject Property) impacts adjacent Parcels C, E and F, Block D (Adjacent Property) owned by Tower-Dawson, L.L.C. The Applicant is working closely with the Adjacent Property Owner for the abandonment and grant of easements necessary to support the residential development.
1) Release and Extinguishment of Sewer Easement
This item authorizes the City Manager to approve the release and extinguishment of an existing sewer easement as shown on Plat No. 18042 for the subject property. A private sewer easement also exists on the adjacent Parcel F as shown on Plat No. 23507, which will similarly require extinguishment by separate instrument, but is not included herein because the City doesn’t have an interest in the private agreement. The existing easements will no longer be necessary because the portion of existing sewer main and appurtenances on the subject and adjacent properties will either be abandoned and removed to accommodate the proposed site development, or portions of the existing private sewer system will be conveyed to the City of Rockville for public ownership and maintenance.
The Applicant and Adjacent Property Owner will each dedicate new rights-of-way and record new Water and Sewer Easements for the proposed public water and sewer infrastructure in accordance with the requirements of the development’s Water and Sewer Authorization approval and the City’s Water and Sewer Ordinance, Chapter 24. The location of the existing easement is shown in Attachment 1. The draft document is provided in Attachment 2, “Release and Extinguishment of Sewer Easement.”
2) Release and Extinguishment of Stormwater Management Easement
This item authorizes the City Manager to approve the release and extinguishment of an existing stormwater management easement as shown on Plat No. 23507 for the subject property. The existing easement will no longer be necessary because the stormwater management system was never constructed as previously approved concept plans to develop the site did not move forward. The existing easement requires abandonment for the implementation of the Applicant’s current Site Plan.
The Applicant will provide for and dedicate new Stormwater Management Easements for proposed stormwater facilities as required by the development’s Stormwater Management Concept approvals and the City’s Stormwater Management Ordinance, Chapter 19. The location of the existing easement is shown in Attachment 1. The draft document is provided in Attachment 3, “Release and Extinguishment of Stormwater Management Easement.”
3) Release and Extinguishment of Water Easement
This item authorizes the City Manager to approve the release and extinguishment of an existing water easement as shown on Plat No. 18042 for the subject property. The existing easement will no longer be necessary because the portion of existing public waterline and appurtenances on the subject property will be abandoned and removed to accommodate the proposed site development.
The Applicant will dedicate new rights-of-way and record new Water and Sewer Easements for the proposed public water and sewer infrastructure in accordance with the requirements of the development’s Water and Sewer Authorization approval and the City’s Water and Sewer Ordinance, Chapter 24. The location of the existing easement is shown in Attachment 1. The draft document is provided in Attachment 4, “Release and Extinguishment of Water Easement.”
4) Release and Extinguishment of Grant of Water Meter Easement
This item authorizes the City Manager to approve the release and extinguishment of an existing water meter easement as shown on Plat No. 23507 for the subject property. The existing easement will no longer be necessary because the water meter was never constructed as previously approved concept plans to develop the site did not move forward. The existing easement requires abandonment for the implementation of the Applicant’s current Site Plan.
The Applicant will dedicate new rights-of-way and record new Water and Sewer Easements for the proposed public water and sewer infrastructure in accordance with the requirements of the development’s Water and Sewer Authorization approval and the City’s Water and Sewer Ordinance, Chapter 24. The location of the existing easement is shown in Attachment 1. The draft document is provided in Attachment 5, “Release and Extinguishment of Water Meter Easement.”
5) Grant of Public Access Easement
This item authorizes the City Manager to approve a Public Access Easement associated with the Tower Preserve development. In accordance with the project’s Site Plan, the Applicant is required to grant a Public Access Easement (PAE) across the entire width of privately maintained alleys that serve a portion of the proposed townhouses.
The purpose of the PAE is to provide vehicular and pedestrian ingress and egress through the property from the public rights-of-way for the benefit of the City and general public. The owner shall be responsible for maintaining, repairing, and replacing the alleys and for keeping them clear of mud, debris, ice, snow and other obstructions. The locations of the proposed easements are shown on Attachment 1. The draft document is provided in Attachment 6, “Public Access Easement Agreement.”
6) Grant of Sewer Easement (Tower-Dawson)
This item authorizes the City Manager to approve a Sewer Easement for all public sewer mains in areas not dedicated as rights-of-way. The developer is required to provide public water and sewer and obtain Public Works approval and permits in accordance with the City’s Water and Sewer Ordinance, Chapter 24, and Public Improvements Ordinance, Chapter 21.
The purpose of the Easement is to grant the City rights to access, maintain, repair, replace, operate and inspect City-owned sewer infrastructure. The location of the proposed easement is shown in Attachment 1. The draft document is provided in Attachment 7, “Grant of Sanitary Sewer Easement.”
7) Grant of Storm Drain Easement (Michael Harris)
This item authorizes the City Manager to approve a Storm Drain Easement for all public storm drains in areas not dedicated as rights-of-way. The developer is required to provide public storm drains and obtain Public Works approval and permits in accordance with the City’s Stormwater Management Ordinance, Chapter 19, and Public Improvement Ordinance, Chapter 21.
The purpose of the Easement is to grant the City rights to access, maintain, repair, replace, operate and inspect City-owned storm drain infrastructure. The location of the proposed easement is shown in Attachment 1. The draft document is provided in Attachment 8, “Grant of Storm Drain Easement.”
8) Grant of Storm Drain Easement (Tower-Dawson)
This item authorizes the City Manager to approve a Storm Drain Easement for all public storm drains in areas not dedicated as rights-of-way. The developer is required to provide public storm drains and obtain Public Works approval and permits in accordance with the City’s Stormwater Management Ordinance, Chapter 19, and Public Improvement Ordinance, Chapter 21.
The purpose of the Easement is to grant the City rights to access, maintain, repair, replace, operate and inspect City-owned storm drain infrastructure. The location of the proposed easement is shown in Attachment 1. The draft document is provided in Attachment 9, “Grant of Storm Drain Easement.”
9) Grant of Water and Sewer Easement (Michael Harris)
This item authorizes the City Manager to approve a Water and Sewer Easement for all public water and sewer mains in areas not dedicated as rights-of-way. The developer is required to provide public water and sewer and obtain Public Works approval and permits in accordance with the City’s Water and Sewer Ordinance, Chapter 24, and Public Improvements Ordinance, Chapter 21.
The purpose of the Easement is to grant the City rights to access, maintain, repair, replace, operate and inspect City-owned water and sewer infrastructure. The location of the proposed easement is shown in Attachment 1. The draft document is provided in Attachment 10, “Grant of Water and Sewer Easement.”
10) License and Maintenance Agreement for Private Monuments within Right-of-Way (Michael Harris)
This item authorizes the City Manager to approve a revocable License and Maintenance Agreement for private improvements proposed with public rights-of-way. The Applicant has requested the use of the to-be-dedicated Towler Street and Rosefield Lane for the installation of piers or monuments at the neighborhood’s entrances as currently shown on the Site Plan, Attachment 11.
The Applicant and its successors and assigns will maintain all required insurance policies as approved by the City’s Risk Manager. The agreement indicates that Michael Harris at Tower, L.L.C., will indemnify and hold the City harmless against any claim of liability or loss from personal injury or property damage. The agreement also allows the City to terminate the agreement after a finding that the lease is contrary to public safety, health or welfare. The draft document is provided in Attachment 12, “License and Maintenance Agreement - Private Monuments.”
11) License and Maintenance Agreement for Private Stormwater Management within Right-of-Way (Michael Harris)
This item authorizes the City Manager to approve a revocable License and Maintenance Agreement for private stormwater management (SWM) facilities proposed within the public right-of-way (ROW). The Applicant proposes to install five environmental site design (ESD) micro-bioretention facilities within the proposed public ROW to mitigate the stormwater quality impacts to Cabin John Creek from the development. The locations of the proposed SWM facilities are shown on Attachment 13. The draft document is provided in Attachment 14, “License and Maintenance Agreement - Private Stormwater Management System.”
In accordance with the project’s SWM Concept and Site Plan, private SWM facilities are proposed in the public ROW because other on-site SWM measures were precluded within this urban setting due to lack of available land. There are many micro-scale ESD facilities spread throughout the development to help mitigate the impacts to receiving streams by filtering the stormwater and promoting the “uptake” of nutrients by landscaped vegetation.
The Applicant and its successors and assigns, which will ultimately be the homeowner’s association, will partially maintain the ESD SWM facilities because they provide SWM for both private and public areas. The maintenance of specific features of the SWM facilities will be included in the agreement. A significant component of the ESD maintenance is maintaining the landscaping for both function and aesthetics.
Permission to locate the ESD SWM facilities in the public ROW and the terms for their maintenance require a license and maintenance agreement between Michael Harris at Tower, L.L.C. and the City. The Planning Commission approval of this development plan is conditioned on recordation of this License and Maintenance Agreement in the Land Records of Montgomery County.
12) License and Maintenance Agreement for Private Utilities within Right-of-Way (Tower-Dawson)
This item authorizes the City Manager to approve a revocable License and Maintenance Agreement for existing private utilities and improvements that will remain within the to-be-dedicated Towler Street right-of-way (ROW). Towler Street exists as a private access drive on Parcel D, connecting the existing 2000 Tower Oaks Boulevard office building to Tower Oaks Boulevard and Wootton Parkway. As part of the Project Plan approval for the residential development by Michael Harris, Tower-Dawson agreed to convey the access drive to the City as public ROW, thus creating a public roadway network to serve the development. Tower-Dawson is seeking to retain the private ownership and maintenance of several existing utilities and improvements, including directional signage, dry utility lines which serve the office building, a retaining wall, security cameras and streetlights which do not conform to the City’s standards, building storm drain connections and a sewer grease trap as was shown on the Site Plan and Attachment 15.
All other road improvements, including the pavement, curb & gutter, sidewalks, street trees, and main infrastructure for storm drain, water and sewer, will be conveyed to the City, and in accordance with Site Plan approval conditions, shall be inspected, as-built surveyed, and their condition evaluated to ensure compliance with City standards and specifications prior to final acceptance.
The Adjacent Property Owner and its successors and assigns will maintain all required insurance policies as approved by the City’s Risk Manager. The agreement indicates that Tower-Dawson, L.L.C. will indemnify and hold the City harmless against any claim of liability or loss from personal injury or property damage. The agreement also allows the City to terminate the agreement after a finding that the lease is contrary to public safety, health or welfare. The draft document is provided in Attachment 16, “License and Maintenance Agreement - Towler Street at Tower Oaks.”
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 following listed documents in a form substantially similar to the draft documents attached to this agenda and as approved by the City Attorney:
1) Release and Extinguishment of Sewer Easement
2) Release and Extinguishment of Stormwater Management Easement
3) Release and Extinguishment of Water Easement
4) Release and Extinguishment of Grant of Water Meter Easement
5) Grant of Public Access Easement (Michael Harris)
6) Grant of Sewer Easement (Tower-Dawson)
7) Grant of Storm Drain Easement (Michael Harris)
8) Grant of Storm Drain Easement (Tower-Dawson)
9) Grant of Water and Sewer Easement (Michael Harris)
10) License and Maintenance Agreement for Private Monuments within Right-of-Way (Michael Harris)
11) License and Maintenance Agreement for Private Stormwater Management within Right-of-Way (Michael Harris)
12) License and Maintenance Agreement for Private Improvements within Right-of-Way (Tower-Dawson)
The documents will be recorded in the Land Records of Montgomery County prior to the issuance of associated Public Works permits.