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Home My WebLink AboutSUB202100027 Affidavit 2021-06-17• APPLICATION FOR FAMILY DIVISION Grantee Information• New Parcel Description Grantee (person receiving new parcel) Relationship to Grantor r Owner/Applicant Must Read and Sign The plat application process includes providing the Planning Commission with all the information required in Chapter 14 Subdivision of Land of the Albemarle County Code. The foregoing information is complete and correct to the best of my knowledge. I have read and understand the provisions of Chapter 14 Subdivision of land of the Albemarle County Code. By signing this application I am consenting to written comments, letters and or notifications regarding this application being provided to me or my designated contact via fax and or email unless otherwise noted in writing by the applicant. This consent does not preclude such written communication from also being sent via first class mail ,. V ✓r/4. Signature of Owner, Contract Purchaser, Agent —AW4risL —8AeVF9j— Print Name p 5-126 /2d1: Date 4�-wt-a"z Daytime phone number of Signatory FOR OFFICE USE ONLY SUB 9 Fee Aomoot S Date Paid By what _ Reeeint# Vl Cameron Langille From: clb4u@lumos.net Sent: Wednesday, May 12, 2021 2:07 PM To: Cameron Langille Subject: Revocable Trust of Alice Baber Barnett CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. To whom it may concern, I, Charles Lewis Barnett am the only child of Alice Baber Barnett. I am the onlyTrustee & Executor of my mother's estate. I listed myself as the GRANTOR of the Barnett family division(page 8 of application)because my mother died on 02/20/2020 & I am now the one responsible for her estate. I am not a lawyer & therefore may have entered this information incorrectly but as I deemed it to be at the time of filling out the application. Not to be misleading. Rachel L. Barnett was my Mother's granddaughter & she is also my daughter. The application for the 2 acres of land was to fulfill the trust( which the county has on file)established by my Mother, Alice Baber Barnett prior to her passing. If this isn't satisfactory, please list the specific documents that you are seeking to prove that Rachel is Alice's granddaughter as well as my daughter. Thanks, Charles L. Barnett 434-981-3667 Cameron Langille From: Andy Herrick Sent: Thursday, June 17, 2021 11:51 AM To: Cameron Langille Subject: RE: SUB202100027 Barnett - Family Division Cameron, Though this revised page isn't exactly what we suggested, let's move forward with this revised page and his prior e-mail. Thanks. Andy Herrick Deputy Comity Attomey Albemarle Comity ahemck@albemarle.org 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attomeychen t privilege. If you have received this message in error, please call (434) 972-4(167 inmiediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blangille@albemarle.org> Sent: Wednesday, June 16, 20215:36 PM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: SUB202100027 Barnett - Family Division Hi Andy, I did as you suggested and asked Mr. Barnett to provide a corrected page 2 of the family division application. He submitted a hard copy of the revised page to me, which I have scanned in and attached as a PDF. Can you let me know if this will suffice? Thanks for your help, Cameron Langille (pronounced "LAN-JILL") Principal Planner Albemarle County blangille(cbalbemarle.org 434-296-5832 x3432 401 McIntire Road, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Thursday, May 20, 2021 11:46 AM To: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100027 Barnett - Family Division Cameron, What about asking Mr. Barnett to submit a corrected page 2 of his application, listing Rachel as "Trustee's Daughter"? Would that work for you? Andy Herrick Deputy ComityAttomey Albemarle County aherrick@albernule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the auomeychetu privilege. If you have received this message in error, please call (434) 9724167 immediately, report your receipt of this eniA, and promptly delete the email from all sources on your computer. If you are a chent, you should maintain this entail's contents in confidence to preserve its protected status. Thank you. From: Cameron Langille <blangille@albemarle.org> Sent: Wednesday, May 19, 20216:26 PM To: Andy Herrick <aherrick@albemarle.org> Subject: RE: SUB202100027 Barnett - Family Division Hi Andy, I entailed the applicant to notify them that we needed further documentation is needed to confirm how Charles Lewis Barnett and the intended grantee (Rachel) are related. They responded with the attached email. I know this isn't a legal affidavit, so please advise on how to proceed. Is a written email from the property owner/grantor sufficient evidence for us to confirm the familial relation? Cameron Langille (pronounced "LAN-JILL") Senior Planner 11 Albemarle County blangille(cbalbemarle.org 434-296-5832 x3432 401 McIntire Road, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Wednesday, May 12, 2021 1:06 PM To: Cameron Langille <blangille@albemarle.org> Subject: RE: SUB202100027 Barnett - Family Division Cameron, Mr. Barnett previously provided an affidavit, but stated the relationship between Alice and Rachel (granddaughter), rather than between himself and Rachel. That's what we need. Thanks. Andy Herrick Deputy ComityAttomey Albemarle County aherrick@albemule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the atmmeycbeart privilege. If you have received this message in error, please call (434) 972.4(167 immediately, report your receipt of this email, and promptly delete the email from all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Tbank you. From: Cameron Langille <blaneille@albemarle.org> Sent: Wednesday, May 12, 2021 12:51 PM To: Andy Herrick <aherrick@albemarle.ore> Subject: RE: SUB202100027 Barnett - Family Division Thanks Andy. I'll work with the applicant to see if they can provide anything else. Cameron Langille (pronounced "LAN-JILL") Senior Planner 11 Albemarle County blangille(cbalbemarle.org 434-296-5832 x3432 401 McIntire Road, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Wednesday, May 12, 2021 11:18 AM To: Cameron Langille <blaneille@albemarle.org> Subject: FW: SUB202100027 Barnett - Family Division Cameron, FYI, below was my previous exchange with Christopher Perez about the proposed Barnett Family Division. As noted below, County Code § 14-212(A)(1) requires that the intended grantee be a qualifying member of each trustee's inmrediate fanlily. According to the attached List of Heirs, Charles Lewis Barnett is the son of Alice Baber Barnett (deceased). If Rachel Lydia Barnett is the granddaughter of Alice Baber Barnett (as the Trust instrument indicates), Rachel cannot also be the granddaughter of Charles (Alice's son). Rachel might be Alice's granddaughter through another child, other than Charles. In short, we'll need documentation of how Charles Lewis Barnett and the intended grantee are related. Thanks. Andy Herrick Deputy ComityAttomey Albemarle Comity aherrick@albemule.or¢ 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attorney -client privilege. If you have received this message in error, please call (434) 972-4067 immediately, report your receipt of this email, and promptly delete the entail front all sources on your computer. If you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Christopher Perez <cperez@albemarle.org> Sent: Monday, April 5, 2021 1:47 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Patricia "Paty" Saternye <psaternye@albemarle.org> Subject: RE: SUB202100027 Barnett - Family Division Agreed. From: Andy Herrick <aherrick@albemarle.org> Sent: Monday, April 5, 2021 1:47 PM To: Christopher Perez <cperez@albemarle.org> Cc: Patricia "Paty" Saternye <psaternye@albemarle.org> Subject: RE: SUB202100027 Barnett - Family Division Christopher, That's what item Gi) seems to require. Let's see the actual Trust instrument before making any final deternunations here. Thanks. Andy Herrick Deputy ComityAttomey Albemarle County aherrick@albemarle.orl= 434-972-4067 401 McIntire Road, Suite 325, Charlouesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attorney-chetrt privilege. If you have received this message iu error, please call (434) 972.4(167 immediately, report your receipt of this ennail, and promptly delete the email from all sources on your computer. R you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Christopher Perez <cperez@albemarle.org> Sent: Monday, April 5, 2021 1:40 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Patricia "Paty" Saternye <psaternve@albemarle.org> Subject: RE: SUB202100027 Barnett - Family Division Andy, The provision I find most confusing is #2: "if there is more than one trustee, the intended grantee is a qualifying member of each trustee's immediate family." The term "member of the immediate family" means the natural or legally defined off -spring, grandchild, grandparent, or parent of the owner of property. Therefor if one of the trustees is Mike's sister Martha Washington Barnett (hypothetical name), Mike's granddaughter won't be eligible because Martha has no relation stated in the ordinance as a qualifying family member? Is this correct? Christopher Perez Senior Planner Albemarle County ccerezaalbemarle.org office 434.296.5832 x 3443 401 McIntire Road, Charlottesville, VA 22902 From: Andy Herrick <aherrick@albemarle.org> Sent: Monday, April 5, 2021 1:28 PM To: Christopher Perez <cperez@albemarle.org> Cc: Patricia "Paty" Saternye <psaternve@albemarle.org> Subject: RE: SUB202100027 Barnett - Family Division Christopher, Good question. County Code S 14-212(A)(1) provides: "Land owned as part of a trust for estate planning purposes may be considered to be owned by the current owner or a member of his or her immediate family upon consideration of the following factors: (i) the title to the real property is in the name of one or more of the trustees; (ii) if there is more than one trustee, the intended grantee is a qualifying member of each trustee's immediate fantily; (iii) if there is more than one trustee, all of the trustees agree in writing to the family subdivision; (iv) under the trust instrument, the trustee(s) retain complete control over the trust assets; and (v) the trust instrument allows the trustee(s) to convey real property." In short, I'll need to see the Trust instrument to verify that the above conditions are met. It would especially help if Mr. Barnett would point out the specific provision(s) of the Trust that address each of these requirements. Thanks. Andy Herrick Deputy Comity Attorney Albemarle Comity aherrick@albernarle.ore 434-972-4067 401 McIntire Road, Suite 325, Charlottesville, VA 22902 Notice: This message is for the intended recipient only. It likely is protected by the attorney -client privilege. If you have received this message in error, please call (434) 972.4(167 inmrediately, report your receipt of this enuil, and promptly delete the email from all sources on your computer. R you are a client, you should maintain this emairs contents in confidence to preserve its protected status. Thank you. From: Christopher Perez <cperez@albemarle.org> Sent: Monday, April 5, 2021 1:15 PM To: Andy Herrick <aherrick@albemarle.org> Cc: Patricia "Paty" Saternye <psaternve@albemarle.org> Subject: SUB202100027 Barnett - Family Division Andy, SUB202100027 Barnett - Family Division The above referenced family division seeks to divide a parcel of land as a family division for the granddaughter of one of the owners, Charles L. Barnett; however, this property is owned by the Alice Baber Barnett Revocable Trust. To which the plat has Charles L. Barnett as the signature listed as a trustee of the Alice Barber Barnett Revocable Trust. I know family divisions are possible for property in a Trust, but the specifics elude me as I have never had one. I assume you will want the trust's article of approval, which lists all trustees. Is this correct? What else will you need to determine if this is eligible for a family division? Also, is it possible for a single member of the trust to sign the plat, or do all trustees need to sign off on this division? Christopher Perez Senior Planner Albemarle County ccerez(alalbemarle.org office 434.296.5832 x 3443 401 McIntire Road, Charlottesville, VA 22902