HomeMy WebLinkAboutSUB201600003 Agreements 2017-02-01 •
COUNTY OF ALBEMARLE
Department of Community Development •
401 McIntire Road,Room 227 `f
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
Date: February 1,2017
John Blair
County Attorney's Office
401 McIntire Road
Charlottesville,VA 22902
Regarding:
Project Name: SUB201600003—R/VV Vacation,BLA,and Easement Plat
Date Submitted: 1-27-17
Dear Mr.Blair:
Brief History: The portion of R/W proposed to be vacated on the above referenced plat is an existing
publicly dedicated right-of-way,which VDOT never accepted into the State Secondary System and the
County still owns(Attachment A—onginal plat from 1960 dedicating it to public use). The applicant,who
has a final site plan in our office to develop his land w/a townhome development was given the option to
either pursue vacation of the right-of-way OR upgrade the existing roadway to meet current VDOT
standards from the point where VDOT maintenance ends. The applicant chose to vacate the R/W.
After many legal meetings with the County Attorney,Greg Kamptner,who helped guide Engineering,
Planning, and the applicant through the vacation of R/W procedures for this project,the applicant finally
submitted a plat and deed of vacation(Attachment B-summary of last meeting on how to proceed).
Please review the plat and deed of vacation.During your review please comment on the appropriateness of
the Deed of Vacation having a signature line for the BOS or even the Agent for the BOS?Per discussions
w/Greg this proposal does not need BOS approval;rather, it can be approved by the Agent merely by
signing/approving the plat.
Also, it appears the applicant also utilized the deed of vacation document to seat a maintenance
agreement of sorts for the new ingress/egress easement. I am not sure if this is truly required for this
easement as it currently stands it is neither a private street, shared driveway, or alley. Additionally this
easement is not relied on for frontage of any lot at this time; rather,I believe the applicant intends to move
forward with the townhome site plan on his property and will construct the access road/travelway to serve
the townhomes in this access easement in compliance with the site plan. This is the Pt step prior to the
applicant coming back in to vacate the easement and re-plat it as a private street easement for frontage
purposes(which w/requires platting of this street and a maintenance agreement prior to final subdivision
plat approval,dividing the townhome lots). See attached comment letter discussing the implications of
doing it as a two-step process(Attachment C—Comment#1).
At your earliest convenience,please review the attached legal document and the attached plat. Should you
have any questions or comments please feel free to contact me.
Sincerer
Christopher P. Perez
Senior Planner
Checklist for Maintenance Agreements ��
.
File # c5tA 9/U — 3 Project Name: 1,M P 6 i k-1 a A - ,/�.,L,4
14-317 Instrument evidencing maintenance of certain improvements.
If the subdivision will contain one(1) or more improvements that are not to be maintained by the county or any
authority or other public agency,the subdivider shall submit with the final plat an instrument assuring the
perpetual maintenance of the improvement, as follows:
A. The instrument shall,at a minimum contain:
6 (1)Identify the plat to which the instrument applies; if the plat has been recorded,the identification shall
include a deed book and page number. 4'0195411 cs 7 to 64 Q. f ye�
a (2) State that the improvement will be maintained in p etuity. 4(( .$ ' 00 "��i� 7(3) State that the improvement will be maintained to standard that, at a minimum, assues that it will /4° i
remain in subltanotahl the condition it was in whe approved by the county; for a private street, shared
driveway, or alley,the instrument also shall state aFbati irr:4`The travelway shall at all times be
maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all ,
f
: times except in severe temporary weather conditions." 5�hg n j 7 ks
•
/ (4)If the instrument pertains to the maintenance of one more private streets,alleys or shared
driveways, it shall define "maintenance"by stating : "For purposes of this instrument,
`maintenance includes the maintenance-of the private streets or alleys, and all curbs, curbs and gutters,
drainage facilities,utilities, dams,bridges and other private street improvements, and the prompt removal
of snow,water, debris, or any other obstruction so as to keep the private street or alley reasonably open
1 ora for usage by all vehicles, including emergency services vehicles."
�7 , (5)Describe the condition of the improvement when it was approved by the county.
�E A (6) Identify the timing or conditions warranting maintenance of the improvement.
?//71i (7) State a means to collect funds necessary for the cost of maintaining the improvement; at a minimum,
the means stated shall include the right of any landowner subject to the instrument to record a lien against
a non-contributing landowner,to bring an action at law to collect the funds, or both.
Ica (8)Describe how maintenance costs will be prorated among the landowners subject to the instrument
(e.g., "equally,"or on a percentage basis); if any lot within the subdivision may be further divided, the
instrument shall also describe how maintenance costs will be prorated among the landowners after
i divis.t :. . . Q �tzS! c �
St:to ,Og aw o public agency, includmg the Virginia Department of Transportation and the
( Vi
ounty of ' •= I arle,Virginia, will be responsible for maintaining any improvement identified herein."
B. The instrum nt shall be subject to review and'approval by the county attorney and shall be in a form
and style so th it may be recorded in the office of the clerk of the circuit court of the county. The agent
may require t t the instrument be on a form prepared by the county attorney.
C.For purpos s of this section,the term"to maintain," or any derivation of that verb,includes the
maintenance, eplacement,reconstruction and correction of defects or damage.
D.Nothing i this section shall affect the rights of the county reserved under section 14-440.
k.IO Ur & 1 r51' 15 Of of--C `f? r, T1t rejs cke- e
1
an naed ti ears
i
J
(fG�CCC �n
Prepared without benefit of title search by
and after recording please return to:
Woods Rogers PLC
123 E. Main Street, 5t" Floor
Charlottesville,VA 22902
TMP Numbers: 061K0-10-00-000A0; 061K0-10-00-000A2;
061K0-05-0D-00400 and 061K0-05-0C-01300
CERTIFICATE OF PLAT
WITH VACATION OF RIGHT OF WAY AND
JOINT ACCESS EASEMENT WITH MAINTENANCE PROVISIONS
THIS CERTIFICATE OF PLAT WITH VACATION OF RIGHT-OF-WAY and JOINT ACCESS
' EASEMENT is made this 26TH day of January, 2017,by and between:
Brian B. GILLISPIE and Jennifer M. GILLISPIE, as owners of Albemarle County Tax
Map and Parcel Numbers 061K0-10-00-000A0 and 061K0-10-00-000A2,to be indexed as
Grantees and identified herein as"Gillispie"whose address is'PO Box 513,Earlysville,VA
22936;
Frances B. KOEHN as owner of TMP 061K0-05-0D-00400,to be indexed as Grantor and
identified herein as"Koehn";
Melissa Y. STELL as owner of TMP 061K0-05-0C-01300, to be indexed as Grantor and
identified herein as "Stell"; and
THE COUNTY OF ALBEMARLE as owner of those portions of property shown as 0.054
acres and 0.055 acres on the Plat, formerly known as Inglewood Drive and/or Inglewood
Court, to be vacated by this instrument, and identified herein as "The County".
WITNESSETH :
WHEREAS, Gillispie, Koehn, Steil and The County (together the "Parties") are the owners of
adjoining real property located in the Jack Jouett Magisterial District of Albemarle County as shown
on plat prepared by Commonwealth Land Surveying dated October 1,2015 last revised January 18,
2017 prepared by Commonwealth Land Surveying,LLC entitled"Boundary Line Adjustment and
Portion of Inglewood Drive R/W Vacation Combining TMP 61K-10-A&A2"attached hereto and
recorded herewith(the "Plat");
WHEREAS,as shown on the Plat the Parties wish to vacate an existing easement,combine portions
1
of property,and reserve an easement for ingress egress and define the terms of maintenance therefor,
and have entered into this instrument to memorialize the terms and conditions of the same;
NOW, THEREFORE, for an in consideration of the premises, and for other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged the Parties each and all
agree to the following:
I. Vacation of Easem�:n' '`a' De,v Cate tz) p t�h 1,I c us�` S I(r'{�le-
The Parties hereby VACATE any and all rights of access over and across those portions of property J
shown on the attached plat as"0.054 ACRES"and"0.055 ACRES"which were previously portions ne
of Inglewood Court and/or Inglewood Drive. er,c5e
II. Combination of Parcels:
A. As shown on the Plat,the 0.70 of an acre shown on the plat as"TMP 61K-10-A2"is hereby
COMBINED WITH and ADDED TO the 1.00 acre tract shown on the plat as"TMP 61 K-10-
A" resulting in a new parcel of land owned by Gillispie containing 1.70 acres, said tract
having access to that portion of Inglewood Court and Inglewood Drive in two areas:
i. over the 0.109 of an acre area shown on the plat as "NEW INGRESS EGRESS
EASEMENT" and according to the terms set forth hereinbelow;
ii. over the 30' joint access easement shown on the plat as "30' JOINT ACCESS
EASEMENT"according to terms and conditions of that instrument of record in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book
1654,page 294.
B. As shown on the Plat, the 0.054 of an acre shown on the plat as "0.054 ACRES"is hereby
COMBINED WITH and ADDED TO the 0.383 acre tract shown on the plat as"TMP 61 K-5-
D4"resulting in a new parcel of land owned by Koehn containing 0.437 of an acre,said tract
having road frontage on that portion of Inglewood Court and Inglewood Drive;
C. As shown on the Plat,the 0.055 of an acre shown on the plat as"0.055 ACRES"is hereby
COMBINED WITH and ADDED TO the 0.234 acre tract shown on the plat as"TMP 61K-5,-
C-13"resulting in a new parcel of land owned by Stell containing 0.289 of an acre,said tract
having road frontage on that portion of Inglewood Court and Inglewood Drive;
Each of the Parties having ownership interest in the portions of property conveyed under this section
II do hereby GRANT and CONVEY title to those portions of the property to the respective Parties
referenced above.
2
III. Reservation of Access Easement
Koehn and Stell each and both do hereby GRANT and CONVEY to Gillispie,for the benefit of the
New 1.70 Acre tract shown on the Plat,a limited,non-exclusive access easement along that portion
of the property shown on the Plat as"NEW INGRESS EGRESS EASEMENT 0.109 AC.AREA"
subject to the following terms and conditions:
A. The Easement created hereby shall be fifty feet(50.0')in total width,twenty-five feet(25.0')
from the centerline along the courses and distances as shown on the attached Plat;
0,gfB. Gillis ie shall be solely res onsible for the construction and maintenance of any roadway
within the easement created hereby and shall bear one hundred perce t(100.0%)of the cost
to perform repairs including but not limited to adding stone,clearing obstructions,grading or
scraping the driveway as necessary, replacing, cleaning or re-cutting ditches as necessary,
trimming brush along the roadside, removing snow, unplugging or replacing culverts or
drainpipes, and performing any and all other necessary work required to-maintain the 3 7
driveway in a condition that will allow for reasonable and safe passage by normal two-wheel-
driv`e passenger vehicles;
_-_ _- --
_
C. Koehn and Stell each and both do hereby GRANT and CONVEY to Gillispie a temporary
construction easement across the parcel owned by each as may be necessary for constructing
maintaining, repairing, or upgrading the road, as provided for in this instrument. Gillispie
agrees to restore of any of Koehn or Stell's property outside the new Ingress Egress Easement
area granted hereby to the condition prior to the exercise of any rights under this temporary
construction easement;
t7
D, Any roadway which is the subject of this instrument is not dedicated to public use. The f�
Parties expressly acknowledge and agree that any such road will not be maintained by the 9 ."0
Albemarle County authorities or by the Virginia Department of Transportation; and DT , , ,
The conveyances,reservations and combinations of parcels under this instrument are made expressly
subject to all easements,restrictions,conditions,and reservations contained in duly recorded deeds,
plats, and other instruments constituting constructive notice in the chain of title to the property
hereby conveyed, 'which have not expired by limitation of time contained therein or have not
otherwise become ineffective and all such covenants and reservations granted herein shall run with
the lands of the Parties and shall be binding on the heirs, personal representatives, successors and
assigns of the Parties.
i
[remainder of page intentionally blank]
3
[counterpart signature page]
WITNESS the following signatures and seals:
(SEAL)
Brian B. Gillispie
(SEAL)
Jennifer M. Gillispie
COMMONWEALTH STATE OF
CITY/COUNTY OF •
The foregoing Deed was acknowledged before me this day of ' , 2017,by
Brian B. Gillispie and Jennifer M. Gillispie.
Notary Public
4
•
[counterpart signature page]
WITNESS the following signature and seal:
(SEAL)
Frances B. Koehn
COMMONWEALTH STATE OF
CITY/COUNTY OF .
The foregoing Deed was acknowledged before me this day of , 2017,by
Frances B. Koehn.
Notary Public
5
[counterpart signature page]
WITNESS the following signature and seal:
(SEAL)
Melissa Y. Stell
COMMONWEALTH STATE OF
CITY/ COUNTY OF .
The foregoing Deed was acknowledged before me this day of ,2017,by
Melissa Y. Stell.
Notary Public
6
[counterpart signature page]
WITNESS the following signatures and seals:
(SEAL)
(SEAL)
COMMONWEALTH STATE OF
CITY/COUNTY OF •
The foregoing Deed was acknowledged before me this day of ,2017,by. _
Notary Public
7
[counterpart signature page]
WITNESS the following signature and seal:
Albemarle County, Virginia Board of Supervisors
By: (SEAL)
Authorized Signatory
COMMONWEALTH STATE OF
CITY/COUNTY OF •
The foregoing Deed was acknowledged before me this day of , 2017,by
[printed name] as [title] on
behalf of the County of Albemarle, Virginia.
Notary Public
8
Vacd-L'ouv id- t Z LA .
COUNTY OF ALBEMARLE •
PROPERTY STANDING IN THE NAME OF.
BOARD OF SUPERVISORS
BRUIN B. OR JENNIFER M. GILLISPIE
P.O. BOX 513 iii0i11140
DESIGNATED AGENT EARLYSVILLE, VIRGINIA 22936 ,�t�PLSH OP O•
D.B. 3121 PG. 30 O�`1�' . I_� u�61 -
DATE: (�(:J)II-.
OWNERS APPROVAL: �� H•n•0 •
•' C: STEVE GARRETT Z
THE PLATTING OF THE FOLLOWING DESCRIBED LAND, TMP 61K-10—A & A2 IS WITH THE FREE CONSENT 1 Lic Na. 2025
AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. Z.
.i 4 OQ��
BRUIN B. GIWSPIE ogre ,'���/ /i1 i�``�
JENNIFER M. GILIJSPIE DATE: -
THE PLATTING OF THE,:FOLLOWING DESCRIBED LAND. LOT,4 BLOCK D do LOT 13 BLOCK C IS WR11 THE FREE CONSENT
AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS, PROPRIETORS ANb TRUSTEES, IF ANY.
FRANCES B. KOEHN IMP 61K-5—D-4 DATE:
LOT 4 BLOCK 0
MIUSSA Y. STELC TMP 61K-5—C-13 DATE
LOT 13 BLOCK-C
,COUNTY OF ALBEMARLE ALBEMARLETE: HCOUNTY USE
NING ORDINANCE INTEFFECTEIN ONATHISE MDATED PERSUANT TO AND ARE SHOWNTHE
S
STATE OF VIRGINIA. RUNNING FOR OWITHITHE ON PLAND SAND THEIR AES ONLY. PPEARANCE'ONEY ARE NOT RTHISIPLATEISONOTAINTENOEO
TO IMPOSE THEM AS SUCH.
TO WIT:
THE FOREGOING INSTRUMENT WAS THE STREAM BUFFER SHOWN SHALL BE'MAWAGEG IN ACCORDANCE WITH THE ,
ALBEMARLE WATER PROTECTION •
ORDINANCE
ACKNOWLEDGED BEFORE ME THIS '
- DAY OF _- UNDER CURRENT COUNTY POUCY, PUBUC WATER AND/OR SEWER WILL BE AVAILABLE
TO THIS PROPERTY
- TMP 61K-10—A2 AND TMP 61K-10—A EACH CONTAIN-A BUILDING SRE THAT
---- — - - --- - . . --- As COMPLIES WITH SECTION 4.2.1 OF THE ALBEMARLE ZONING ORDINANCE.
. ' OWNERS, PROPRIETORS AND/OR TRUSTEES IRON PINS SET/FOUND AT ALL NEW CORNERS.
• . THE PROPERTY SHOWN HEREIN IS NOT LOCATED IN AN ALBEMARLE — CHARLOTTESVILLE '
NOTARY PUBLIC WATER SUPPLY WATERSHED.MY COMMISSION EXPIRES _ THE PROPERTY SHOWN HEREIN IS NOT LOCATED IN AN AGRIGULTURAL — FORESTAL
DISTRICT. .
PROPERTY IS ZONED: R4 RESIDENTIAL
COUNTY OF ALBEMARLE , COUNTY OF ALBEMARLE
STATE OF VIRGINIA. STATE OF VIRGINIA. s,;„ �i ' ;. ,.
TO WIT: TO WIT: .4. .'$;;? 'v ,s < :?V
THE FOREGOING INSTRUMENT WAS THE FOREGOING INSTRUMENT WAS ? � BF;`
ACKNOWLEDGED BEFORE ME THIS ACKNOWLEDGED BEFORE ME THIS
.
DAY OF - DAY OF 1
0F ib 4,:''' in
4r4 t y
' As, AS °c 4% s. 5'It
OWNERS, PROPRIETORS AND/OR TRUSTEES OWNERS. PROPRIETORS AND/OR TRUSTEES. !� ' �t , 8, r a pL Y
4 i4' -'�Sg' / t?. _'MI OW'
,NOTARYf4,„.40._:,
PSSIIC NOTARY PUBLIC i1 ` . �.� �?;.,K,
MY CtlMMIS5I0N EXPIRES MY COMMISSION EXPIRES - 1. tl� A.0.!;(4. .0,;,
uI,4 a . 'T .
c p
. adiiasm Fs / �le�
•
. - VICINITY MAP
_ 1' — 2000'
��pp�r���r BOUNDARY LINE ADJUSTMENT AND
CO.M2dO. WE 4.LTH PORTION OF INGLEWOOD DRIVE R/W VACATION
COMBINING
LAND `4; TMP 61K-10—A 6 A2
e JACK JOUETT MAGISTERIAL DISTRICT
ST /1.� G, LLC. ALBEMARLE COUNTY, VIRGINIA
1484 GREENBRIER PLACE SCALE: i' = 50' DCTOBER 1. 2015
CHARLOTTESVILLE VIRGINIA 22901 REVISED: JANUARY 28, 2016 SHEET 1 OF 2
PH: 434-973-0513 REVISED: DECEMBER 22, 2016
REVISED: JANUARY is, 2017 BLA \OWGS\2019\A61K-A2.OWG
m r TMP 61 K-6-C-51
o ` LOT 5
xi LF.
0
_ I, c ` N TMP 61K-6-C4
el- Z TMP 61K-6-C-6
m LOT 6 \
m I.F.
\ s
\ �•, /mom
�\ CIA / N. ^'''I',
' , '----.
LF:'cn•
TMP 61K-6-C-8 ".
LOT'8
8� r a='
/4c IF.• ,n
r ctt N• TMP 61K-9-3
4 ,49 •r 1
er hfi 424" 2
" 4.
'ry'IMP 61K-10-A2 i�
2'. 0.70 ACRES (oLD) rn
BRIAN.s,JENNIFER GILUSPIEi
D.B. 3121 PG. 30
``- - D.B. 2076 PG. 499 / as
D.B. 1654 PG. 291 , TMP 61K-10—A
' ' E
TMP 61K-6-C-9 / 1.00 ACRES (OLD) -e33
LOT 9 % 48.29
NEW 1.70 ACRES .LF.,
0 BRIAN & JENNIFER GIWSPIE
/' D.B. 3121 PG. 27
, D.B. 2867 PG. 414
I.F' r1!s/
o- O.B. 789 PG.-14 M
3, cv
o3,2, '. A
TMP 61K-10-A1 al
LEMON & VIRGINIA MILLER ,9 I.F,
D.B. 1692 PG. 649 / M TMP 61K-5-04
• 4 ' .Fy`' ,, 0.383 ACRES
30' JOINT 4 0J �° PLUS 0.054 ACRES, j ` /p
ACCESS ,,.EASEMENT .. ,' y. NEW ACREAGE:- -4. `J"J(n' )`"
D.B. 1654 PG:294 w� / �'• 0.437 ACRES
S i
� 4,
\- / g;',ir:i 59.83' 4141 f
��'4, O S 60 30'04" r, p109
199. E N 86'11'16' E .'S 7s SAC-�4 '
2.N 0. 4g ``- ---A / WA &g 35.97' A" �9Zr E A' -. 7
� v '`3�4,' N 54.25. W :, 0.8:1854 p 294P4OYT _� '''. ,0,,, 9 °240.
C1 - I
'' 0 N 79'37.42" ~ s� END STATE
, , c�: MAINTENANCE
f
/Age Q� W 127.06' N $ .' Q4 Jr-' rOp O ��jf�, I.F:. N 7 C` yee 1N
R�K `!L„ .\ 4' �08 2r W �.-4 y t7p511ii DRA'E .
C1 C2 Gi • w gs T p C23�pc, 4 ivii, 4
n = oS27 4g n > szs2'oo' IMP 61 K-5-C-13
R = 165.99' R - 25.00' b m 0.234 ACRES
T 12.28' T 26.28' I.F IRON FOUND
f i PLUS O'055:ACRES
L = 1._ L = 40.52' I.S: = IRON SET 3•
NEW ACREAGE:
N.73, 0.289'ACRES N
/ 'Y �p�►A my 2r' v
tJ®J�®lr li�l ii BOUNDARY LINE ADJUSTMENT AND ' w f2? �O ,/
PORTION OF INGLEW000 DRIVE R/K VACATION 8,9 0, /
LANDA COMBINING ,
TMP 61K-1.0-A & A2
URVEMV' LIE.
T/. JACK JOUETT MAGISTERIAL DISTRICT ���)I -�
S`�ii!�!ju�Gy r'i•V• ALBEMARLE COUNTY, VIRGINIA lam/
1484 GREENBRIER PLACE SCALE: 1" = 50' OCTOBER 1, 2015
CHARLOTTESVILLE VIRGINIA 22901 REVISED: JANUARY 28.. 2016
PH: 434-973-0513 REVISED: DECEMBER 22, 2016 SHEET 2 OF 2'
REVISED: JANUARY 18, 2017
1
ts-i____flit
• .0." „,, .
. . .
CURVE A
/ :nc.
13 a 0 a • s't. Co.
A,410•01. a•19•10 a,.8-20• ea 70.&,• :
R.il.6.09'/Ct. R•153.V el 63 o• R.,i.10 01
T. T 11.12. T.24•28. 0. 11.
lare•12.95. aRc•6:2:60..005•20.91. Ase‘12.5V /0.,
• CO
a•69°53' a•031•30•a.013°35' a, 90100. 0 ,,c7, a:caner Con. , 4s..
,•9.4''vt,, e'6. .4'
t.10.0. R• io.o 1„R• to 0. R• 25.o• / 4•, etsp.„,j. 1 r, .4,‘°a.?".:1
1, 159' 'T• 10.29. T• ..33 T'2..0. 4,0. 14,,:
, • 6..1°39. a•20100.0' 0103.41' / / 06 .
,..
T,21.40 T•22.17. ,31312 • -.".. / 0. 0 A./
, a.,.•95.61' 007..56.90'a0.•.5.Z4
a CE9 C,‘ / 0 / 111 T.
a,35.01' a.33°0 0 a•.0000.
. • . " .'a', trz.-).•\ •'.Z • . ; l/ '' tI1 1A
R. 88.50'l,15862'R169.99. " '. '94 '''' / RT, 32.21' ,07.09.Ts 303, ,. 0 . 9 / 0 / .1
•
',''' . •3'
.„0.....,;:i., 4'•!.•42.43' / R.‘0.•91.44'ARC 84 w 4,,,N. q 4,.,:, 7 /
a•92.50• a.15,01
'1 01 ,
I 1 R• 254' 0.25.01 R:56.54 ,
CV 9•22:''. . ..,,
,t5,135. . T•26. . ,14.4s• r, . /„
,.. I
P.,25.Z9' .0.•40,2852. am,..7.77' a 3.
-!? .,..N.
' -•f
,,
/ N -,,,,dl ...
, x q /
1 Z :
.... '6' .....„„ PO // if h
i ...° z9• I 0t,,,, .sr,it.e•
'ro S IR / o ir ,' 'I2.50•
E e &' 6 ,,....
, -
9 ... ,,,15'z "-- , 3 . ,
? •93 ' `..../ ' 6' `:',
9. 4/0,0 '' 4' °' ' / /V -,6!
-'72,, i
_
,
.. 4/ . ..
,.. a cf- . ,._.,
...,:; E . ... O. 0 . 96.39
••!' '''' 4)
a f. 3 PR "' 0 9°
' ,
,) p
0.E a,_ ,...+. -- \/' •;,‘," 8 '-...,.
•
/
.in-12. 0 0 z. o
4„,.:, . , ...„?0 `... 0 6','°.13.• 46*
• 06 ‘...40 0o
-01,
4.1 '• /1 ":t a''3f-Ls0 t)-- . • 1 - . ,,,,,,, ,____.,s, 0„, ,e›, ?os.o., .
0 A'Cs
g -4z•, , , .
z ,z) /,,,,,,,,,,::6-.9• . 'T./6, 3,.._9,
.9'3,. '-•-•.... , '", . '''<c•- Yg-
o
(:)'''' 12a.- -„ /I :' QI SI':, , .
-i.., -9.1,,. * 9.34.110
0 -14,, 3 - 4-- ----
6 '
o
..,, /.
R0110 0 I
kJ ' ,,,.
si
4>z -..
' .°
e6. 1.:' hp / ' .. i . 8/.314':/0..
/ '' hi 3 :..°'
i t
/ • .;:. 1
/ ,.? 'so. ,,, 4' 2.'••!' I ,'
I
• 0 • •e .S.:0, CT
"c9„; r)6 ,./
_ 0°''\7 .6 • ,
i \ ...,
,2 isi
-s.,- ..4. ss, 0
7 4""°6. •-• i'" ''''• \\ ''... ?,'o
, ' 00'.,,,t "5,..:,•: '' ' 1 .....-2.11,,,,,- ..,,,n1<,,I..• 'Iv
/•
, •,,,,,t,5 ..'.44....,.4'6 GI ,„. \\
i •-t.e.°.,/ •, ''.0 ,)6 0 s ...,
R. , I ,
CD
C.C.c ...0 /
\ o' :• . •so,
1 1
•o. • o
4 tO ! 1
GENERAL NOTES s .`?! ,,,`•‘".,,j° ' ,
, 9 \'o, \ „re• '",\
s ,
''• \ 6'0 *i \\ ,.0". .1
. .
\ 0 cdp, >„, T.,.:,o;o•
=Z7.12'DRAIN OR UTILITY
1
" N i EASEMENT. AS NOTED. .' O 4.V\
I
.os4. • , " ,..
MIN. BLDG.SET BACK i? . .. P..., o,f.4 \, ?. , • ..,. ,..
••C-c•--POWER OR TRANS. LINE > s.. /›.•• , '‘.1
2 I '
.„,., \ A 1"
RESTRICTIVE COVENANTS '/ ..,. 0 /,, 1 I
! DEED BOOK...„_ PAGE_ .001
tsq, '., 4. ,*
.(P°
,t---"-it-- - ..
I APPROVALS • U2,-
' Co. ,,, /
e,* /
CO P
NNING COMMISSION ya , /6 4b.zs• • ,, ....- ------
...1 -
?"1,
. /•,,,,:
! . 111610
/'9• 1.7.,.. 9 4 14 i
-......-gyi.. -. .4-1/:.4..4.-s` ,,,,o.,:i../. ,i' i••' T..14 g .----- I
i -2' ----'
, ECTle1
........----.-- ,..„.......„/ •APitIL i I9BD ,. ...g--, ......_---t
CITY PLANNING COMMISSION. COUNTY.p0ARO OF SUFERVISORS °qo. -4.'1-
,
• - -,---4°------- . -.I., ..., ., .- .---,,, .. ..--- 3Z•'
,....,-..., ' “...' t
e.1.1PIRMAN' „14 .•
, -I 2?
L.PL:11--T • .c.),=-,,,,,,, ./...,. . r' ;.. ./,... /-''' ----"---- . ,
aera. 16,:. ‘..•-.._.T ,•el.¢.CIAILT , r . I
/
APRIL, , 194,0' ;viral -2--' :I:9;0
!
„ . p
OWNER Sp APPROVAL
. . ... . ..
... .
1,* ' ,_______his DM ID oltlfalleved CD Min. DitkillEarliD, ' . SUBDIVISION PLAT .I
iTs. ,,,illi=buitit011rOViouSIY , clicole.ct.are pliereb
... ,
...edicated Opp=use, .4r, j.) ..."
. - 110.4K TERRACE"
ALBEMARLE COUNTY, VIRGINIA •
.; ....,. .
SURvEr cERTIFIcA-TION
..
i. o÷'1.. r.,•,,f.'
Certified,to.be MARCH 1960
,
. i ...
Yicorrect and.accurate. SCALE 17-100. .
. u.5 ... • me _
,• / a AMOS R. SWEET 5 elt.„.,„1.0(:ii)Qki,/- 50 0
CERTIFICATE No. '
,
A.R.SWEET a ASSOCIATES
3I 41 - I ' r„),.„-e. .:. ia.n ,,
•
Christopher Perez
From: Christopher Perez o /-4 C/0-4-1-
2{3)
Sent: Friday, September 02, 2016 1:47 PM
To: 'brian gillispie'; 'Justin Shimp, P.E.'
Cc: David Benish; Frank Pohl
Subject: Thursday's Legal meeting discussion for Inglewood Terrace - Follow-up from Monday's
loam meeting w/the applicant.
Brian/Justin,
Inglewood Terrace
Follow-up from our Monday meeting and my Thursday discussion w/the County Attorney. As a follow-up,the
applicant agreed to research alternative turn arounds (for a public road) with VDOT and the County agreed to
research the following items/questions the applicant had.
1st question: If the applicant is granted a VDOT land use permit for a private entrance to be
located/built/and maintained as a driveway within the existing previously dedicated public right-of-way
to serve the development,will this meet County ordinance requirements as long as the applicant has a
maintenance agreement on the "driveway"?
Answer: No, it would not meet County ordinance requirements for frontage. Chapter 18 Section 4.6.1 of
County Code applies. The road would need to be built and then accepted for maintenance by VDOT otherwise
it's not a public road for frontage purposes, and without meeting the frontage requirements of Sec 4.6.1 the
developer can't extend a private road from it to provide the required frontage to the 9 lots. Additionally, this is
essentially the same concept as putting a private road within the existing previously dedicated public right-of-
way, except it's not a private road, it's a private driveway. As previously discussed the County will not agree to
this.
Finally, County code defines a driveway as "a form of vehicular access from a street or alley to the interior of a
lot". A driveway cannot serve a private road. Driveways by definition serve "a lot"and a private road does not
meet the definition of a lot.
2"d question: The applicant disagrees with the County's position with regard to abandonment and
believes it would truly be a vacation as long as Mr. Gillispie championed the vacation on behalf of the
neighbors, provided they agree to it regardless of him being apart of the original subdivision that created
the right-of-way or not, as it's his lots access too.
Answer: The County agrees w/the applicant's stance that vacation (State Code Sec. 15.2-2272(1)&
County Code Sec. 14-212.2 ) is an option if the two property owners affected by the vacation which were part
of the original subdivision of Terrace Oak(TMP 061 K0-05-0C-01300 Melissa Stell & TMP 061 K0-05-0D-
00400 Francis Cohen(Penny)) are involved with the application and allow Mr. Gillispie to act as their agent by
developing/submitting thetheaMMISIMEMEMINIMMIIMPbn their behalf. Both of these property owners
would be required to This aspect of the proposal was discussed in
great detail in ref to state code, it requires both adjacent owners elissa&Penn ] -
4 1. .. . v "Z ♦ . _ k y . ...
1so, Ms. Cohen's property shall never go below the minimum frontage requirements of
R-, zoning(which as long as it has some frontage on the existing public road it meets that requirement per
1
Chapter 18 Section 15.3)—this is shall be_depicted_o the vacation lat. yplcally, atio plats.,f this,natur
would provide each of the abutting owners the.landao the centerline of the_right of_way;_hoauever, in this
!instance be the lams to be used for a private road to serve Mr. Gillispie's proposed development, i
as v _atiPa taf �'.
the same vacation plat mentionone a-'ove I's aspect of the proposal wouldiequireJVlr�Gillispie to si the
lat too. tis-request would not need to go to the BOS;rather,the Subdivjsion_Agent can act on it
administratively per Sec 14-212.2./ y -
14
Hope this helps.
Christopher P.Perez I Senior Planner ,
Department of Community Development'County of Albemarle,Virginia .- , ---
401 McIntire Road I Charlottesville,VA 22902 �.'2' , `
434.296.5832 ext.3443
4.6.1 FRONTAGE AND LOT WIDTH MEASUREMENTS
Lot frontage and the minimum lot width shall be established as follows:
a.Except as otherwise provided in sections 4.6.1 and 4.6.6,every lot shall front on an existing public street,or a street dedicated by subdivision plat and maintained or
designed and built to be maintained by the Virginia Department of Transportation,except that private roads shall be permitted in accordance with section 14-514 of
Chapter 14 of the Code of Albemarle.
r
2
g
OF ALB Pa
eM� C
1. ��--sue-t.-
County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville,VA, 22902
Phone 434-296-5832 Fax 434-972-4126
Memorandum
To: Steve Garrett&Brian Gillispie
From: Christopher P. Perez, Senior Planner
Division: Planning
Date: January 12, 2017
Subject: SUB201600003 Right-of-way Vacation and BLA
The County of Albemarle Planning Division will grant or recommend approval of the Boundary
Line Adjustment&Right-of-way Vacation Plat referenced above once the following comments
have been addressed: [Each comment is preceded by the applicable reference, which is to the
Subdivision/Zoning Ordinances unless otherwise specified.]
. [Recommendation] As proposed TMP 61K-10-A (Mr. Gillispie) is losing access to Inglewood
Drive. Once approved the property owners of TMP 61K-5-D4 (Ms. Koehn) and TMP 61K-5-C-13
(Ms. Stell) are not required by the County to provide access to TMP 61K-10-A (Mr. Gillispie).
As previously discussed, I suggest that this plat be revised to add the vacated land directly to TMP
61K-10-A (Mr. Gillispie)through the BLA assuring both Ms. Koehn and Ms. Stell are signators on
the plat and the deed of vacation.If you choose this route, you need to provide Ms. Koehn an
access easement across the land being added to your property to provide her access to her driveway
till the private street or public street serving the proposed townhouse development is platted.
�' Additionally please depict Ms. Koehn's existing driveway on the plat or provide an exhibit to this
affect.
ti Or the plat could be revised to grant/plat an"access easement over the vacated right-of-way that's
Z: being added to Ms. Koehn&Ms. Stell's land for purposes to serve a future private road/public
,\ road which is anticipated to provide access to TMP 61K-10-A (Mr. Gillispie). If you choose this
route,when you go to subdivide the townhome lots both Ms. Koehn &Ms. Stell will need to be
party to and sign the final plat as this is the plat that will modify the platted access easement to a
private street (easement).
0 2. [14-212.2] It was previously discussed that in order to vacate the right-of-way that you'd need to
submit both a deed of vacation& a vacation plat. Please submit the deed of vacation for
review/distribution/approval by the County Attorney prior to plat approval.
V [14-302(A)(11)] Provide the deed book and page reference number of the original plat that
dedicated the right-of-way and created Lot 4 and Lot 13. It is DB 363 PG 44, see attached plat.
. a
4 0 ,
ssure this information is provided on each of the lots (4 and 13) and on the section of right-of-
way being vacated. y\(91- c o ,,,,to e) w/
✓4. [Comment] Depict&label the end of state maintenance.
0
Comment] Label and shade/hatch the portion of right-of-way being vacated. Ni Coy2
r/Y e
.- [14-302(A)(1)] Revise the title of the plat to "Boundary Line Adjustment and Portion of Inglewood
�/ Drive Right-of-Way Vacation"
ty- [14-302(B)(1)] General information Provide the date of the last revision.
37[Engineering Comment] Engineering has no objection to the ROW vacation. It is recommended
access to Inglewood Drive be maintained and any necessary offsite grading easeme is needed to /�
facilitate the townhome development be platted with this plat. spv,t i ;, lei o ,� cc :
9. omment] At the time of this comment letter VDOT has yet to review the plat. VDOT
review/approval is required prior to County approval. Comments to be forwarded once received.
,}VO o ;
Staff has provided references to the County Code. The Code is kept up-to-date by the County
Attorney's office and may be found at www.albemarle org/countycode. In accord with the provisions
of Section 14-229(B) of Chapter 14, if the applicant fails to submit a revised plat to address all of the
requirements within six (6) months after the date of this letter, then the application shall be deemed
voluntarily withdrawn. Please contact Christopher Perez at the Division of Current Development at
cperez@albemarle.org or 434-296-5832 ext. 3443 for further information.