Subject
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Authorization for the City Manager to Release and Extinguish an Existing Water Line Easement, and to Execute Two New Easements for Sewer and Water Meter on Lot 16, Block B, City Center
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Department
PW - Engineering
Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to execute the release of one existing easement and to execute two proposed easements between the Mayor and Council of Rockville and APG Investments, L.L.C. (Owner of Ownership Lot 16-C) or Foulger Pratt Rockville III, L.P. (Owner of Ownership Lot 16-D), in conjunction with constructed improvements on Lot 16, Block B, City Center, 121 Rockville Pike.
Discussion
This item seeks Mayor and Council approval of, and authorization for, the City Manager to execute on its behalf the following release and grant of easements associated with Rockville Metro Plaza II located at 121 Rockville Pike:
1) Release and Extinguishment of Water Line Easement and Right-of-Way
2) Grant of Sewer Easement
3) Grant of Water Meter Easement
In October 2011, Foulger Pratt, owner and developer of the subject property at the time, was issued a Public Works Permit (PWK2011-00041) for redevelopment of the site. As conditioned with the permit and required by Section 21-19 of the Rockville City Code, recorded copies of any required easements must be received by the City prior to the release of the permit or its security. Despite staff efforts to bring the project into compliance, including multiple attempts to coordinate and address through the typical as-built submission process, the necessary easement documents were not approved and remain unrecorded to date.
In February 2025, Ownership Lot 16-C was sold by Foulger Pratt Rockville II, L.P. to APG Investments, L.L.C. Notwithstanding the change in ownership, the grant or termination of any easement on the subject property must be executed by the current owner and be binding upon the successors and assigns of the grantor, constituting a covenant running with the land. The location of existing and proposed easements, including those for Stormwater Management, are shown on Attachment 1.
1) Release and Extinguishment of Water Line Easement and Right-of-Way
This item authorizes the City Manager to approve the release and extinguishment of an existing water easement as shown on Plat 24265 and recorded in the Montgomery County Land Records in Liber 32031 Folio 724 (Attachment 2). The existing easement is no longer necessary because the water main infrastructure that the easement once contained was abandoned to accommodate site redevelopment, as was shown on approved construction drawings. The location of the existing easement is shown in Attachment 1. The draft document is provided in Attachment 3, “Release and Extinguishment of Water Line Easement and Right-of-Way.”
2) Grant of Sewer Easement
This item authorizes the City Manager to approve a Sewer Easement for all public sewer infrastructure in areas not dedicated as rights-of-way. The owner, Foulger Pratt Rockville III, L.P., is required to provide public 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 Sewer 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 4, “Grant of Sewer Easement.”
3) Grant of Water Meter Easement
This item authorizes the City Manager to approve a Water Meter Easement for the water meter vault servicing the existing commercial/office building in areas not dedicated as rights-of-way. The owner, APG Investments, L.L.C., is required to locate the water meter in an easement dedicated to the City 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 Water Meter Easement is to grant the City rights to access, maintain, repair, replace, operate and inspect the City-owned water service line, water meter, vault and associated appurtenances. The location of the proposed easement is shown in Attachment 1. The draft document in provided in Attachment 5, “Grant of Water Meter Easement.”
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 Water Line Easement and Right-of-Way
2) Grant of Sewer Easement
3) Grant of Water Meter Easement
The documents will be recorded in the Land Records of Montgomery County prior to the release of associated Public Works permits and bonds for the completed work.