HomeMy WebLinkAboutACSA198600002 Correspondence 1986-09-15 .LAMES G. COSBY. P.C.
ATTORNEY AT LAN
NO 2 TOWN HALL SQUARE
614 EAST HIGH STREET
CHARLOTTESVILLE. VIRGINIA 22901
(804) 971-8153
September 15, 1986
Hon. Gerald Fisher, Chairman
Albemarle County Board of Supervisors
County Office Building
401 McIntire Road
Charlottesville, Virginia 22901-4596
Re: Amendment of Service Authority
Jurisdictional Area
Tax Map 45-76 , John H. Key Estate
Dear Mr. Fisher:
I represent heirs and deviseee of the John M. Key estate in
partition proceedings filed in the Albemarle County Circuit
Court. The purpose of this suit is to clear title to the above
referenced real estate and to sell it. On behalf of the estate I
ask that the Board of Supervisors reconsider a request presented
by James B. Murray, Jr. (as our Contract Purchaser) on September
10. We ask that this property be added back to the Service
Authority ' s jurisdictional area, as it once was. We believe that
the County is legally and contractually bound to do so for the
following reasons.
Following Wednesday' s Board inaction on Mr. Murray' s request
I have done additional research into the Key family' s title. I
have discovered a deed dated July 25, 1969, (copy enclosed) in
which the County granted to John H. and Carrie B. Key (family
predecessors of my clients) and their successors an absolute
right to connect to the line installed on this land. This deed
was apparently overlooked in the surveyor' s title examination
because it was indexed using the suffix "Jr. " ; and it was unknown
to both Mr. Murray and me at the time of the original application
to the Board.
In further support of this request I enclose copies of a
letter from J. W. Brent to John Horne dated September 11 along
with a copy of the enclosure, a letter from George R. St. John
dated May 7 , 1986 . The County Attorney, in this latter document,
has clearly opined that the Board of Supervisors has a legally
binding obligation to add this property back into the
jurisdictional area. As Mr. St. John points out, failure to do
so will make the County liable to the owners in damages for
breach of the prior agreement.
Mr . Gerald Fisher, Chairman
Albemarle County Board of Supervisors
Page 2
September 15, 1986
Based upon these newly discovered facts we respectfully
request that the Board reconsider Mr. Murray' s application at
your earliest convenience.
Very truly yours,
La0-4-
James G. Cosby
JGC:tgm
Enclosures
cc : James B. Murray, Jr. , Esquire
Mr. John T. P. Horne
Frederick W. Payne, Esquire
Deputy County Attorney
Mr. J. W. Brent
STATE TAX S. ./_.5
C TY TA% t •Os
TRAIN t
FEE ----
PLAT. 5-
EW.56-54(b)3 1
y. day of YC
Kam.' *,,- ,
l �11 i TlIIS DEED made this ��
and between
1969 by
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John H. and Carrie B. Ke Jr.er called the Landowner, and THE BOARD OF SUPERVISORS
hercinaft
OF ALBEMARLE COUNTY, VIRGINIA, hereinafter called the County,
WITNESSET H:
That for and in consideration of $10.00 cash paid
and other valuable considerations, the Landowner hereby GRANTS
, and CONVEYS unto the County the perpetual right and easement to
construct, install and maintain a fire hydrant upon the
Landowner's lands lying in Albemarle County,
Virginia, located
on the North side of the State Route 659, which lands are shown
Parcel 76 on Sheet 45 of the Albemarle County
and designated as � -
Tax Map. The fire hydrant is to be located at Station 36 •-80
Water Facilities ' `1
as shown on Sheet 17-4 of Albemarle County l:
.'
Phase I , dated 6-24-69, prepared by John McNair 'f, Associates,
4
Consulting Engineers. As a part of said easement, the County I
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shall also have the right to enter upon the Landowner's lands
, for the purpose of installing, constructing and maintaining ,A
said fire hydrant. Whenever it is necessary to excavate earth
a tees to backfill such �.;
I
within said easement, the County hereby g
excavation in a proper and workmanlike manner to the same V
condition existing prior to such excavation.
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In consideration of this easement, the County of
1 Albemarle hereby grants the Landowner, his successors and
Iassignees the privilege to connect to the water line upon
I due application to the proper authority and payment of the
1 existing connection fees at the time that the connection
'
I application is made. . ).
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WITNESS hhe followinlgg�s�ignatur s and seals.
/ &,'l �I/ ! l�C/j (SEAL) .
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State of Virginia, 1
County of Albemarle -wit:
I, - £ fo Q�- a notary public in
•' and for the County ak'd State resaid, hereby certify that
a„, 7" /1 .0 L c 'f 0,,, -ft� a A.,t t
whose named (s) is/are signed to the foregoing deed dated
ZS' - , 1969, has (have and each has)
ac no /wledged the same before me in my said County.
t My commission expires T - ' } ' i /(•7
1 Given under my hands this ZS'— day
1969.
i o f
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�Notar • ublic
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} I ° _' �:-..-. ..MTvo ; - '
VIRGINIA:
IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, A. /I, 171� 9 • •
This deed was presented to me in said office and tiiith certificate
annexed admitted to record at
1 Teste:
I
rk
.PoPQ AQJd
Clerk