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HomeMy WebLinkAboutSUB202100024 Correspondence 2021-06-25Cameron Langille From: Richard DeLoria Sent: Friday, June 25, 2021 6:26 AM To: Cameron Langille Subject: Re: Dollard-Shifflett: TMP 122-17 Cameron: That's correct. Richie Sent from my iPhone On Jun 24, 2021, at 6:17 PM, Cameron Langille <blangille@albemarle.org> wrote: Thanks Richie. Just want to make sure I'm understanding everything correctly — the determination has been made that the ACE easement conditions allow 7.4 acres to be adjusted as long as the plat meets all other standard requirements of the Subdivision Ordinance, correct? Cameron Langille (pronounced "LAN-JILL") Principal Planner Albemarle Countv blangilleC@albemarle.org 434-296-5832 x3432 401 McIntire Road, Charlottesville, VA 22902 From: Richard DeLoria <rdeloria@albemarle.org> Sent: Thursday, June 24, 2021 10:18 AM To: Cameron Langille <blangille@albemarle.org> Cc: Hope Payne <HPayne@scottkroner.com> Subject: FW: Dollard-Shifflett: TMP 122-17 Dear Cameron: Please see my opinion email to Hope Payne regarding the 7.4 acre boundary line adjustment. Call or email with any questions. I am not opining on whether the adjustment meets County ordinances or regulations. It sounds as if all that has been cleared. Regardless, that is for you, your department, and Andy if there is any question. Thank you, sir. Richie Richard A. DeLoria SeniorAssistant County Attorney Albemarle County County Attorneys Office 401 McIntire Road, Suite 325, Charlottesville, Virginia 22902 434.972.4067 x3133 (Office) 434.872.4549 (Desk) 434.972.4068 (Fax) rdeloria(&albemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank you. From: Richard DeLoria <rdeloria@albemarle.org> Sent: Monday, June 21, 20214:39 PM To: Hope Payne <HPayne @scottkroner.com> Cc: Ches Goodall <cgoodall@albemarle.org>; Scott Clark <Sclark@albemarle.org> Subject: Dollard-Shifflett: TMP 122-17 21 June 2021 Dear Hope: Thank you for your patience as I reviewed this matter with Ches Goodall and Scott Clark. After reviewing the title insurance commitment list of exclusions, the deeds and plats in the chain of title for TMP 122-17, including the "right of first refusal" in DB 1067 PG 200, and the ACE Committee minutes of August 13, 2018, I am of the opinion the County and ACEA were on notice that the right was for 7.4 acres rather than 7 acres. The open space easement incorrectly identified the right as 7 acres and should have referenced the actual deed and incorporated the description therein contained. As the entirety of TMP 122-17 was placed under easement prior to the sale under the right of first refusal, the conveyed 7.4 acres will remain subject to those terms. You shared the draft deed of sale that recites that condition and references the open space easement. Please provide us notice when the transaction closes and a copy of the recorded deed. If there is anything further you need from me on this end, just let me know. Thanks again for working with us through this. I will place a signed copy of the email in our office file. Richie Richard A. DeLoria SeniorAssistant County Attorney Albemarle County County Attorneys Office 401 McIntire Road, Suite 325, Charlottesville, Virginia 22902 434.972.4067 x3133 (Office) 434.872.4549 (Desk) 434.972.4068 (Fax) rdeloria(&albemarle.org (Email) Notice: This email may contain attorney -client privileged information, privileged work product, or other confidential information. This is intended only for the designated recipient. If you receive this message and are not a designated recipient, please delete this message immediately and notify me that you have received this by mistake. Thank YOU-