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Home My WebLink AboutACSA198600002 Review Comments 1986-09-11 ALBEMARLE COUNTY SERVICE AUTHORITY PO Box 10 - 401 McINTIRE R- CHAzOTTESVILLE, VA 22902 (804) 296-581C a"r,,(F-4.5;7P,Ar7V11,3 SEP ? i 1986 PLANNING DIVISION September 11 , 1986 4)\\ Mr. John Horne Director of Planning and Pi"— Community Development ��"' County Office Building c Charlottesville , Virginia JR , per i �C�'" 0 Re : Jurisdictional Area - TMP 76-45V(6 l.�! � J Dear John: �'` Yesterday the Board of Supervisors declined to set a public hearing for amending our jurisdictional area to include the referenced property belonging to the John M. Key Estate . Today Jim Murray called to advise that the attorney for the Key Estate had found a deed (copy enclosed) granting a future water connection to this property. It seems this situation is comparable to one which arose on Old Ballard Road recently. George St . John provided the enclosed advice on that matter which may warrant reconsideration of the immediate request . Please let me know if I can be of assistance. Very truly yours, 44149 J. W. Brent Executive Director JWgkst cc : '/Jim Murray Fred Payne AL3EVARLE Cou \ TY SERVICE AUTHORITY PO. Box 1009 401 McINTIRE RD CHARLOTTESVILLE, VA. 22902 (804) 296-5810 VerireT7Witli 771 .41 ifp k' tel . r4 �� /4 ZI• SEP 12 1986 * / PLANNING DIVISION September 11 , 1986 Mr. John Horne Director of Planning and Community Development County Office Building Charlottesville, Virginia Re : Jurisdictional Area - TMP 76-45 Dear John: Yesterday the Board of Supervisors declined to set a public hearing for amending our jurisdictional area to include the referenced property belonging to the John M. Key Estate . Today Jim Murray called to advise that the attorney for the Key Estate had found a deed (copy enclosed) granting a future water connection to this property. It seems this situation is comparable to one which arose on Old Ballard Road recently. George St . John provided the enclosed advice on that matter which may warrant reconsideration of the immediate request . Please let me know if I can be of assistance . Very truly yours , J. W. Brent Executive Director JWB: kst cc: Jim Murray Fred Payne I,I^.. ST. JOHN, BOWLING, PAYNE & LAWRENCE -ATTORNEYS AT LAW- 416 PARK STREET CHARLOTTESVILLE,VIRGINIA 22901 GEORGE R ST.JOHN JAMES M BOWLING,IV FREDERICK W. PAYNE Telephone FRANCIS McQ. LAWRENCE May 7, 1986 (8041 298-7I38 Mrs. Amelia M. Patterson Planning Department County Office Building 401 McIntire Road Charlottesville, Virginia 22901-4596 Re: Old Connection Contracts (Our File #86-722) Dear Mrs. Patterson: Subsequent to my letter to you on the subject of water connection for lots which were granted a connection in the deed of easement from the owners of those lots to the Service Authority in 1971, I have learned that contrary to my earlier assumption, these lots were in the jurisdictional area of the Service Authority at the time of those deeds which granted the right to connect as part of the consideration for the easement. Subsequent to those deeds , the County reduced the jurisdictional area to exclude those lots. In light of this, I am still of the opinion that the connection cannot be made unless the jurisdictional area is again revised to include those lots, but it will be the County, not the Service Authority, which is liable to the owners in damages if this enlargement is not made. I have also learned that there are a substantial number of lots similarly situated, in addition to those which were the particular subject of your inquiry. The same decision will have to be made as to all of those lots. I think this ought to be brought to the attention of the Supervisors so they can deal with it as one problem, once and for all. Sincerely yours, George R. St. John GRStJ/tlh ( -0-a cc: Mr. William Brent AL;p��ri . E-- -- 4 �. AT 5 ,,.58.-5:1,b). v. Both( 466 FAt;E 25€) 1. f this o�o� day of Al 1 , , THIS DEED made 1969 by and between John H. and Carrie B. Key, Jr . } hereinafter called the Landowner , and TIlE BOARD OF SUPERVISORS4 OF ALBEMARLE COUNTY , VIRGINIA, hereinafter called the County, W I T N E S S E T H : ,.i 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 casement to construct , install and maintain a fire hydrant upon the Landowner ' s lands lying in Albemarle County , Virginia , located. 9 on the North side of the State Route 659 , which lands are shell and designated as Parcel 76 on Sheet 45 of the Albemarle County Tax Map . The fire hydrant is to be located at Station 36 + 80 as shown on Sheet 17-4of Albemarle County Water Facilities - Phase I , dated 6- 24 -69 , prepared by John McNair ' f, Associates, Consulting Engineers . As a part of said casement , the County, g shall also have the right to enter upon the Landowner ' s lands for the purpose of installing , constructing and maintaining said fire hydrant . Whenever it is necessary to excavate eart within said easement , the County hereby agrees to backfill suC excavation in a proper and workmanlike manner to the same condition existing prior to such excavation . i ,f I , ! I , il I 1111 I , 1 1 Albemarle hereby grants the Lanauwnel , ii ..l - - assignees the privilege to connect to the water line upon due application to the proper authority and payment of the existing connection fees at the time that the connection application is made . , ' l WITNESS the following signatur s and seals . / J,1 , (SEAL) �� V '[C (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) State of Virginia , County of Albemarle -wit : 2!'--71. I , � . e--1--- a notary public in and for the County aWd State foresaid , hereby certify that d( .t vG 44-kt4. whose named (s) is/are signed to the foregoing deed dated kA.4-17 ; � , 1969 , has (have and each has) ac nowledged the same before me in my said County . My commission expires } y f /f 7 Given under my hands this �s day of ) .-....iti 1969 . e,,,. ,„:„.,.. Notar ublic r •,Ad n "AI/a •: ,.0 ^'a • ..1/111111111111111 1 1 I VIRGINIA: THE CLERK' S OFFICE OF ALBEMARLE CIRCUIT COURT�, A4. l Q /l- I� . , _ _.. .' with nprtificate