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HomeMy WebLinkAboutSUB200500332 Easements 2005-12-22From: Bill Fritz Sent: Thursday, January 12, 2006 2:27 PM To: 'BCowan1017 @aol.com' Cc: Steve Tugwell; travislivelymtbc @hotmail.com Subject: RE: Boundary Line Adjustment Status Attached please find the only new information we have. As for showing any easement of the encroaching drainfield on the plat the information provided by Mr. Kingma satisfies our requirement. When we were advised about the possibility of an easement on the property we required something affirmative from the applicant. To do this he could either show the easement or provide us with a statement that no easement exist. The County does not have the resources to investigate the presence or absence of easements on this or any other parcel. The applicant's surveyor is responsible for providing the required information on the plat. No person has submitted to the County any recorded easement agreement and Mr. Kingma has provided us with a statement that no easement exist. The County is satisfied that no easement exist and this is no longer an issue preventing signing of the plat. The County's action does not affect any private rights any individuals may have. In other words, if this plat is approved without notation of an easement and later it can be demonstrated an easement exists our action has no impact on the easement. I know that this response does not represent the action you were requesting. If you have any further questions please feel free to contact me. William D. Fritz, AICP Chief of Current Development Albemarle County 434 - 296 -5832 ext 3242 From: BCowan1017 @aol.com [mailto:BCowan1017 @aol.com] Sent: Wednesday, January 11, 2006 12:39 AM To: Bill Fritz Cc: Steve Tugwell; travislivelymtbc @hotmail.com Subject: Re: Boundary Line Adjustment Status Dear Bill. Thank you for your reply. Phoned this evening and left you a voice mail message to discuss. Let me go ahead in put into words what I wanted to say. With regard to the septic drain field easement on Doug Kingma's property, I ask that you have your staff conduct full due diligence and please contact the homeowners of the adjacent property in question, and visit the site if necessary. Their names are James and Shirley Lively of 1017 East Keswick Drive. Their telephone number is (434) 295 -7660. In addition to my letter expressing concern about this matter, the Lively's have also sent a letter to your office (and copied me) about the existence of their septic drain field easement on the Hayfield. Steve Tugwell has a copy of the Lively's letter in his files. I can provide another copy if needed. Furthermore, as another point of reference, the previous owner of the Hayfield, Dr. Bill Orr advised & confirmed the existence of the drain field, and showed us the location of this easement, when we were conducting our due diligence on the potential purchase of this property. And when Mr. Kingma and I did the walk through of the Hayfield after his purchase, he also acknowledged to me that Bill Orr had made him aware of the Lively's drainfield easement. Apparently the Lively's letter as well as statements by both Bill Orr and Doug Kingma to me contradict Mr. Kingma'a letter to you. Now I don't mean to question Mr. Kingma's integrity here. But it would appear to be in his interest to deny that an easement exists, as this would then allow him to more fully develop this parcel. Now he may not be "aware" of any easement to the best of knowledge or on records that he has reviewed. However, his letter to you does not equal fact. Mr. Kingma has not contacted his neighbors the Lively's, nor has anyone from your office communicated with them, nor visited the sight to validate conflicting claims. Again, I respectfully request that you and your staff research this matter, and also contact the Lively's. They have written you, and in fairness, I think that their voice should be heard, and their letter considered, just as you have considered Mr. Kingma's. I have copied their grandson Travis on this Email, as he handles many of their business matters. Finally, from your Email it appears that you and Mr. Kingma have exchanged correspondence with regard to other Boundary Line Adjustment concerns, and that he has submitted a revised proposed Plat /BLA. Under the Freedom of Information Act, I request a copy of this correspondence between the County and Mr. Kingma, as well as a copy of the revised BLA plat submission. If there is a form I must fill out, and /or a fee involved, please let me know and I will comply. I would appreciate the courtesy of a reply to the above. Thank you and regards, Brian Brian Cowan 3555 Keswick Rd Keswick, VA 22947 cell (703) 622 -1138 bcowan1017@aol. com In a message dated 1/10/2006 4:33:29 P.M. Eastern Standard Time, BFRITZ @albemarle.org writes: The review of the plat is on hold pending the BZA action. As for the easement, we received a letter from Mr. Kingma stating, in short, that no easement exists. The other changes requested are supposed to be on the plat but it has not been reviewed for verification. I hope this is helpful. Let me know if you have any other questions. William D. Fritz, AICP Chief of Current Development Albemarle County 434 - 296 -5832 ext 3242 From: BCowan1017 @aol.com [mailto:BCowan1017 @aol.com] Sent: Tuesday, January 10, 2006 4:13 PM To: Steve Tugwell Cc: Bill Fritz Subject: Boundary Line Adjustment Status Hi Steve. Just phoned and left a voice mail message. Wanted to check on the status of the BLA request for the Hayfield, and its status. I do understand that an appeal has been filed and is scheduled to be heard in the future. However, I also wanted to check on the status of any other additional requirements for the BLA in terms of requirements for resubmission because of shortcomings, etc. (e.g., easement for neighbor's -- Lively's septic field not shown), or others. I would appreciate if you could call me back or Email me this status. If this is a FOIA requirement, please let me know, and I would be happy to fill out the required form and pay any fee for copies of this information. 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