Subject
title
Authorization for the City Manager to Release and Extinguish an Existing Water Easement and to Approve Four Easements and Two License and Maintenance Agreements Associated with Private Amenities and Stormwater Management, Public Improvements, Storm Drain, Water and Sewer, and a Water Meter on Parcel A, Rockshire Village 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 an existing water easement and the approval of four easements and two license and maintenance agreements between the Mayor and Council of Rockville and Community Associates, L.L.C., in conjunction with the Rockshire Village Center redevelopment at Parcel A, Rockshire Village Center, 2401 Wootton Parkway.
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 Rockshire Village Center redevelopment:
1) Termination and Release of Water Easement
2) Grant of Public Improvements Easement
3) Grant of Storm Drain Easement
4) Grant of Water and Sewer Easement
5) Grant of Water Meter Easement
6) License and Maintenance Agreement for Private Amenities and Uses within Right-of-Way
7) License and Maintenance Agreement for Private Stormwater Management within Right-of-Way
A Project Plan (PJT2024-00017) for the proposed mixed-use development of up to 60 residential units, up to 5,200 square feet of commercial and office use, and a neighborhood park was approved by the Mayor and Council at its meeting of May 20, 2024. A Level II Site Plan (STP2024-00493) to implement the Project Plan was approved by the Planning Commission at its meeting of October 23, 2024.
The Applicant, Community Associates, L.L.C. (c/o EYA, L.L.C.) is required to provide easements and License and Maintenance Agreements, and to subsequently obtain Public Works approvals and permits in accordance with the Project Plan and Site Plan approvals.
1) Termination and Release 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. 11598 for the subject property. The existing easement will no longer be necessary because the portion of existing public water main and appurtenances on the subject property will be abandoned and removed to accommodate the proposed site redevelopment.
The Applicant will dedicate new rights-of-way and record a new Water and Sewer Easement 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, “Termination and Release of Water Easement.”
2) Public Improvements Easement
This item authorizes the City Manager to approve a Public Improvements Easement in accordance with the project’s Site Plan. The Applicant is required to grant a minimum 1-foot Public Improvement Easement (PIE) adjacent to the proposed public rights-of-way. There are also private sidewalks adjacent to the public sidewalk that must be restored when maintaining the public sidewalk.
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 construction. The location of the proposed easement is shown in Attachment 3. The draft document is provided in Attachment 4, “Grant of Public Improvements Easement.”
3) Grant of Storm Drain Easement
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 (ROW). 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 3. The draft document is provided in Attachment 5, “Grant of Storm Drain Easement.”
4) Grant of Water and Sewer Easement
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 ROW. 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 3. The draft document is provided in Attachment 6, “Grant of Water and Sewer Easement.”
5) Grant of Water Meter Easement
This item authorizes the City Manager to approve a Water Meter Easement for the water meter vault servicing the commercial and office building in areas not dedicated as ROW. The developer is required to locate the proposed 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 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 3. The draft document is provided in Attachment 7, “Grant of Water Meter Easement.”
6) License and Maintenance Agreement for Private Amenities and Uses within Right-of-Way
This item authorizes the City Manager to approve a revocable License and Maintenance Agreement for private amenities and uses proposed within public rights-of-way (ROW). The Applicant has requested the use of the to-be-dedicated Streets A and B ROW for the installation of neighborhood signs, cluster mailboxes, electronic scooter parking and scored concrete sidewalk material as was shown on the Site Plan presented to Planning Commission, Attachment 8.
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 Community Associates, 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 9, “License and Maintenance Agreement - Private Rights.”
7) License and Maintenance Agreement for Private Stormwater Management within Right-of-Way
This item authorizes the City Manager to approve a revocable License and Maintenance Agreement for private stormwater management (SWM) facilities proposed within public right-of-way (ROW). The Applicant proposes to install two environmental site design (ESD) micro-bioretention facilities within the proposed public ROW to mitigate the stormwater quality impacts to Watts Branch from the redevelopment. The locations of the proposed SWM facilities are shown on Attachment 10. The draft document is provided in Attachment 11, “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 aesthetic.
Permission to locate the ESD SWM facilities in the public ROW and the terms for their maintenance require a license and maintenance agreement between Community Associates, L.L.C. (EYA) 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.
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) Termination and Release of Water Easement
2) Grant of Public Improvements Easement
3) Grant of Storm Drain Easement
4) Grant of Water and Sewer Easement
5) Grant of Water Meter Easement
6) License and Maintenance Agreement for Private Amenities and Uses within Right-of-Way
7) License and Maintenance Agreement for Private Stormwater Management within Right-of-Way
The documents will be recorded in the Land Records of Montgomery County prior to issuance of associated Public Works permits.