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HomeMy WebLinkAboutSUB201800226 Review Comments Final Plat 2019-06-25Cameron Langille From: Andy Herrick Sent: Tuesday, June 25, 2019 1:52 PM To: Cameron Langille Cc: James Douglas Subject: RE: SUB201800226 - Tax Map Parcels 32-52; 32-52; 32-53; 32-54 — Boundary Line Adjustment Plat Cameron, As we discussed, we should evaluate this application on whether it meets the subdivision ordinance. As long as this application does so, we need not involve ourselves in any potential disputes between the neighboring owners. Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Cameron Langille Sent: Thursday, June 20, 2019 3:07 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: RE: SUB201800226 - Tax Map Parcels 32-52; 32-52; 32-53; 32-54 — Boundary Line Adjustment Plat Hi Andy, I apologize for the delay in my response. I guess my questions can be simplified as this: I'm not entirely sure that previous plats correctly identified the "right-of-way." I don't think it's actually a road or right-of-way that was required by the County for any regulatory purpose. I believe that at most, it was just a private access easement, and possibly not even a private easement at all. It could have just been a note on a previous plat that identified it as a feature on the properties, and the subsequent plats misinterpreted the note as meaning that it was a "right-of-way.". However, I can't say that with 100% certainty. Is it our job or the surveyors responsibility for making that determination? If it is a private easement, do we need to get any sort of documentation from the surveyor proving that all parties that are entitled to the easement agree to vacate it? Or, can we just allow it to be vacated since the surveyor and property owner are signing the plat? o If it is an actual easement, my concern is that it is shown on some plats going through an adjacent property that is not part of the current plat's boundary line adjustment. Therefore, those owners don't know the easement is proposed to be vacated with this current application. I don't want us to get in trouble if we approve the plat and the neighboring owner later finds out that this easement was vacated without their consent. Let me know if this clears things up. Thanks, Cameron From: Andy Herrick Sent: Thursday, June 13, 2019 3:14 PM To: Cameron Langille <blangille@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: RE: SUB201800226 - Tax Map Parcels 32-52; 32-52; 32-53; 32-54 — Boundary Line Adjustment Plat Cameron, Fin not sure I understand the question. Could you help me understand what specifically requires our review or approval here? Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attornev-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Cameron Langille Sent: Monday, June 03, 2019 5:01 PM To: James Douglas <ldouglas@albemarle.org> Subject: SUB201800226 - Tax Map Parcels 32-52; 32-52; 32-53; 32-54 — Boundary Line Adjustment Plat Hi James, Attached are the materials associated with this application that I spoke with you about a moment ago. This is a Boundary Line Adjustment plat that also proposes to vacate a right-of-way/easement that has been identified on previously recorded plats associated with these properties. There is a dirt road within the boundaries of the right-of- way/easement. They have prepared a Deed of Vacation to go along with the plat. They also submitted a Deed of Correction which seems to explain that some of these previous plats misidentified the owners rights or whatever that pertained to this road/right-of-way/easement. They want to vacate the entire length of whatever it really is across all of the subject properties. I only have an electronic version of the plat, but I can get the applicant to bring me a hard copy if Greg needs it for the review. Thanks, Cameron Cameron Langille Senior Planner Department of Community Development Albemarle County, VA 434-296-5832 (ext. 3432) blangille@albemarle.org N ��RGiNL�' COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Date: June 3, 2019 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Fax (434) 972-4126 Project Name: SUB201800226 Tax Map Parcels 32-52; 32-52; 32-53; 32-54 — Boundary Line Adjustment Plat Date Submitted: May 31, 2019 Dear Mr. Herrick: The applicant has prepared and submitted a Deed of Vacation to vacate a 35' Right-of-way on Tax Map Parcels 32-52, 32-53, 32-54, 32-55, and 46-3. See page 3 of the attached plat. They have also submitted a Deed of Correction explaining that previous recorded plats did not clearly explain the owners right's in a dirt road that has been shown within the right-of-way/easement boundaries on previously recorded plats Tax Map Parcels 32-53 and 32-54. Please review these documents at your earliest convenience. Thanks, Cameron Langille Senior Planner Ext. 3432 Douglas E. Little P. O. Box 254 Charlottesville, VA 22902 434/977-4500 VSB #15238 TITLE INSURANCE: N/A PARCEL NOS.: 32-53, 32-54 Consideration: None THIS DEED OF CORRECTION, which is exempt from recordation taxes pursuant to Virginia Code §58.1-810, made this day of June, 2019, by and between S-V ASSCOCIATES, a Virginia general partnership, hereinafter sometimes referred to as the Grantor, and UPTOWN VILLAGE, LLC, whose address is P.O. Box 5548, Charlottesville, VA 22905, hereinafter sometimes referred to as the Grantee, WITNESSETH: WHEREAS, pursuant to a deed dated November 16, 2006, and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 3323, Page 740, by and between S-V Associates, and other parties as Grantors, and Uptown Village, LLC as Grantee, (the "Prior Deed") the Grantor herein conveyed the parcels having Albemarle County Tax Identification numbers, 32-53 and 32-54 (collectively the "Benefitted Parcels"), which are more particularly described on the attached Schedule A; and WHEREAS, deeds recorded in the said Clerk's Office in Deed Book 91, Page 396, and Deed Book 133, Page 115, and which are a part of the chain of title to the Benefitted Parcels, make reference to a dirt road or right of way appurtenant to said Benefitted Parcels (the "Dirt Road"); and WHEREAS, the conveyance in the Prior Deed did not specifically include the Grantor's rights in the Dirt Road; and WHEREAS, the Grantor wishes to correct the omission of the Grantor's rights in the Dirt Road, NOW THEREFORE, For and in consideration of the premises, the Grantor does hereby GRANT, BARGAIN, SELL and CONVEY unto the Grantee all of its right, title and interest in and to the above - described Dirt Road as an easement or other appurtenance to the above -described Benefittcd Parcels, as shown and described in documents in the chain of title to the Benefitted Parcels, including but not limited to the deeds recorded in the said Clerk's Office in Deed Book 91, page 396 and Deed Book 133, Page 115. Witness the following signature: S-V ASSOCIATES Wendell W. Wood, General Partner STATE OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before this day of May, 2019, by Wendell W. Wood, General Partner of S-V Associates. My Commission expires: N Notary Public I.D. No. SCHEDULE A Tax Map Parcels 32-53 and 32-54: A tract or parcel of land containing 20.357 acres, more or less, as shown and described on a plat of Robert L. Lum, C.L.S., dated September 19, 1974, captioned "Plat Showing Tax Map 32, Parcels 53 & 54, the Lincoln Carr Property, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 569, page 35. Douglas E. Little P. O. Box 254 Charlottesville, VA 22902 434/977-4500 VSB #15238 TITLE INSURANCE: N/A Consideration: None PARCEL NOS.: 32-51, 32-52, 32-53, 32-54, 32-55, 32-58, 46-3 THIS DEED OF GIFT AND OF VACATION OF EASEMENT, which is exempt from recordation taxes pursuant to Virginia Code §58.1-811(D), made this day of May, 2019, by and between UTPOWN VILLAGE, LLC, a Virginia limited liability company, hereinafter sometimes referred to as the Grantor, and UPTOWN VILLAGE, LLC, whose address is P.O. Box 5548, Charlottesville, VA 22905, hereinafter sometimes referred to as the Grantee, WITNESSETH: WHEREAS, the Grantor herein is the fee owner of the parcels having Albemarle County Tax Identification numbers 32-51, 32-52, 32-53, 32-54, 32-55, 32-58, and 46-3 (collectively the "Benefitted Parcels"), which are more particularly described on the attached Schedule A; and WHEREAS, various deeds and plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, including but not limited to the deeds recorded in Deed Book 91, Page 396, Deed Book 92, Page 407, Deed Book 92, Page 408, Deed Book 126, Page 279, Deed Book 133, Page 115, and the deed and plat recorded at Deed Book 569, page 32, make reference to a dirt road or right of way appurtenant to said Benefitted Parcels (the "Dirt Road"); and WHEREAS, the Grantor believes, based upon the land records in the said Clerk's Office, that the Dirt Road is not appurtenant to any other parcel; and WHEREAS, the said records indicate that the Dirt Road commences at the northwestern border of Parcel 32-55 and proceeds in a generally southerly direction through said Parcel to the boundary with Parcel 54, thence in a westerly direction to Parcel 58, and then in a southeasterly direction through or along the boundaries of Parcels 54, 53, 52 and Parcel 46-3; and 1-1607654.2 WHEREAS, as the owner of all of the Benefitted Parcels to which the Dirt Road is an appurtenance, the Grantor wishes to vacate and terminate any and all easement rights appurtenant to the Benefitted Parcels in and to the Dirt Road and to remove any reference to said Dirt Road from any future documents to be recorded in the land records with respect to said Benefitted Parcels; NOW THEREFORE, For and in consideration of the premises, the Grantor does hereby RELEASE, VACATE TERMINATE and ABANDON unto the Grantee all of its right, title and interest in and to the above -described Dirt Road as an easement or other appurtenance to the above -described Benefitted Parcels. The Benefitted Parcels on Schedule A are a portion of the property conveyed by Deed dated November 16, 2006 from M. Clifton McClure and Robert M. Callaghan, Trustees of the NYC Land Trust u/a dated May 4, 1986, One -Ninth, LLC, a Virginia limited liability company, S-V Associates, a Virginia general partnership, M. Clifton McClure and Robert M. Callaghan, Trustees of the Atlantic Land Trust under agreement dated 21, 2000, and River Heights Associates Limited Partnership, a Connecticut Limited Partnership, to Uptown Village, LLC which deed is recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 3323, page 740, as partially corrected by the Deed of Correction between S-V Associates, a Virginia general partnership, and Uptown Village, LLC dated the same date as the date of this Deed and recorded in the aforesaid Clerk's Office contemporaneously herewith. [Remainder of page intentionally left blank. Signature page follows.] 2 I-1607654.2 Witness the following signatures. 0 STATE OF VIRGINIA UPTOWN VILLAGE, LLC Wendell W. Wood, Operating Manager CITY/COUNTY OF . to -wit: The foregoing instrument was acknowledged before this day of 2019, by Wendell W. Wood, Operating Manager of Uptown Village, LLC. Notary Public I.D. No. My Commission expires: 1-1607654.2 SCHEDULE A Tax Map Parcel 32-51: All that certain tract or parcel of land, situated in Albemarle County, Virginia, just south of the Charlottesville -Albemarle Airport, being designated on the County Tax Map as Parcel 32-51, containing five (5) acres, more or less, and being more particularly described by metes and bounds in a deed dated August 16, 1887 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 92, page 408. Tax Map Parcel 32-52: All that certain parcel or lot of land situated in Albemarle County, Virginia, more particularly described as Lot 4 on "Plat Showing A Boundary Survey of Lot 4- Also Known as Tax Map 32 Parcel 52 Located Off State Route 606, Albemarle County, Virginia", by Thomas B. Lincoln Land Surveyor, Inc. dated February 11, 2003 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 2876, page 291. Tax Map Parcels 32-53 and 32-54: A tractor parcel of land containing 20.357 acres, more or less, as shown and described on a plat of Robert L. Lum, C.L.S., dated September 19, 1974, captioned "Plat Showing Tax Map 32, Parcels 53 & 54, the Lincoln Carr Property, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 569, page 35. Tax Map Parcel 32-55: All that certain lot or parcel of land located in the Rivanna Magisterial District of Albemarle County, Virginia in the vicinity of the Charlottesville -Albemarle Airport property, such lot containing 6.45 acres and identified on Albemarle County Tax Map 32, as Parcel 55. Tax Map Parcel 32-58: All that certain lot or parcel of land located in the Rivanna Magisterial District of Albemarle County, Virginia in the vicinity of the Charlottesville Albemalre Airport property, containing 2.5 acres, identified on Albemarle County Tax Map 32, as Parcel 58. Tax Map Parcel 46-3: All that certain parcel or tract of land situated in Albemarle County, Virginia, containing 10.008 acres, more or less more particularly shown and described as TMP 46-3 on a plat by Thomas B. Lincoln Land Surveyor, Inc., dated August 25, 2005, recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 3055, page 211.