AGENDA DATE: 9/7/2016
TITLE:
Title
Old Trail Western Park
BODY
SUBJECT/PROPOSAL/REQUEST: Proposed Agreements and Conveyances across Old Trail Western Park
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Walker, Kamptner, Herrick, Pohl, McCulley, Crickenberger
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: As part of the approved rezoning of the Old Trail development (ZMA-2004-024), the developer was required to construct and maintain certain improvements on and across a future County park. Specifically, stormwater management and greenway trail improvements were shown and approved in specific park locations. However, the developer conveyed the Old Trail Western Park property to the County in November 2010 before having completed the required improvements, and without reserving for itself the legal right to re-enter the property to complete and maintain the required improvements. In recent months, March Mountain Properties, LLC and East Village, LLC, two current Developers of the surrounding Old Trail development, have approached County staff seeking this legal access to the County-owned park property.
STRATEGIC PLAN: Critical Infrastructure: Prioritize, plan and invest in critical infrastructure that responds to past and future changes and improves the capacity to serve community needs.
DISCUSSION: Staff has been working with representatives of the two Developers on agreements that would (a) grant the Developers permission to deliver surplus fill material for the County's use, (b) convey easements to the Developers to allow the construction and maintenance of required stormwater management and greenway trail improvements, and (c) convey needed sanitary sewer easements to the Albemarle County Service Authority (ACSA).
Permission to Deliver Fill Material: In developing their respective properties, the Developers will generate excess fill material, which they have offered to deliver to the County. The ...
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