HomeMy WebLinkAboutSUB202100022 Correspondence 2021-06-03Patricia "Paty" Saternye
From:
Andy Herrick
Sent:
Thursday, June 3, 2021 11:43 AM
To:
Patricia "Paty" Saternye
Cc:
James Douglas
Subject:
RE: SUB2021-22 & SDP2020-42 Berkmar Overlook (Easement Plat and Final Site Plan)
Paty,
Your attachments are the most recent templates. Thanks.
Andy Herrick
Deputy Comity Attorney
Albemarle Comity
ahemck@albemarle.org
434-972-4067
401 McIntire Road, Suite 325, Charlottesville, VA 22902
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972-4(167 inmiediately, report your receipt of this ennail, 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: Patricia "Paty" Saternye <psaternye@albemarle.org>
Sent: Thursday, June 3, 2021 10:05 AM
To: Andy Herrick <aherrick@albemarle.org>
Cc: James Douglas <jdouglas@albemarle.org>
Subject: RE: SUB2021-22 & SDP2020-42 Berkmar Overlook (Easement Plat and Final Site Plan)
Andy,
Just to ensure I have the correct, and most recent, template(s) I've attached some I have.
• 2019 Private_Improvement_Maintenance_Agreement_Tem plate
• Deed _of Conveyance -of -sight -distance -easement -master (we didn't discuss this, but there are multiple sight
distance easements for public roads on the site)
Are the ones I've attached the correct templates?
If not, could you provide, or point me in the directions for, the correct ones?
Be well,
Paty Saternye
Senior Planner
Albemarle Countv
psaternye@al bemarle.org
434-296-5832 x3250
401 McIntire Road, Suite 228, Charlottesville, VA 22902
From: Andy Herrick <aherrick@albemarle.org>
Sent: Thursday, June 3, 20219:03 AM
To: Patricia "Paty" Saternye <psaternve@albemarle.o[g>
Cc: James Douglas <idouglas@albemarle.org>
Subject: RE: SUB2021-22 & SDP2020-42 Berkmar Overlook (Easement Plat and Final Site Plan)
Paty,
Thanks for all your work on this development As we discussed, I don't see these documents as meeting
the requirements of County Code § 14-317 either. I'd suggest reminding the developer of those requirements
and offering either of two alternatives to meet them:
1. Use of the standard Private Improvement Maintenance Declaration
2. Inclusion of ordinance -required terms in the development's covenants, confirmed and documented on the
checklist (with citations to the relevant provisions)
Let me know if you'd like to discuss further. Thanks.
Andy Herrick
Deputy ComityAttomey
Albemarle Comity
aherrick@albemule.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 attomeychen t privilege. If you have received this message m 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 m preserve its protected status. Thank you.
From: Patricia "Paty" Saternye <psaternve@albemarle.org>
Sent: Wednesday, June 2, 2021 12:02 PM
To: Andy Herrick <aherrick@albemarle.org>
Cc: James Douglas <idouglas@albemarle.org>
Subject: SUB2021-22 & SDP2020-42 Berkmar Overlook (Easement Plat and Final Site Plan)
Andy,
Good morning.
I'm reaching out to you for your input on the HOA agreement for Berkmar Overlook (SUB2021-22 & SDP202042
(Easement Plat and Final Site Plan)).
Unfortunately, at the time of the HOA agreements submittal, I neglected to ask them to do the checklist markup.
So, I have tried to accomplish that task myself.
They appear to be missing many items, but I needed to discuss the circumstances with you before I kick it back out to
ensure they meet all of the checklist requirements.
Questions:
1. If they revised the HOA agreement to reference the Easement Plat can the HOA document meet the
requirements for the deeds of easement? I think this is correct, but I've never seen it done that way.
2. If #1 is not possible, if the applicants prefer, could they record separate deeds for each of the County required
improvements and then just reference those deeds in the HOA agreement recorded later with the Subdivision
plat.
3. In looking at the marked up checklist I did, are there any checklist items that I've stated they appear to be
missing that you do not think are necessary in this circumstance?
Background:
• Because of a Code requirement (associated with Double Frontage lots) they have to record, and get approval,
for the items in the following order:
o Easement Plat and deeds (or document)
o Site Plan
o Subdivision Plat
• They have not separated separate deeds for the requirement improvements, and at least in this draft of the
HOA it is my understanding the HOA agreement is trying to meet that requirement.
• However, the HOA document is referencing the subdivision plat and not the easement plat.
• County Required improvements:
o Landscaping Easements (and the landscaping in them).
o Wall easements (and the walls in them)
o Emergency Access easement (and the improvements in them)
o SWM easements (and facilities in them)
Attached please find:
• The checklist marked up by me.
• The HOA draft document, highlighted and marked up by me.
• The HOA draft without markups or my highlights.
• The most recent submittal of the Easement Plat, marked up by me.
• The last (not yet modified) submission of the subdivision plat prior to removing the easements, since the
easement plat must be recorded first.
Be well,
Paty Saternye
Senior Planner
Albemarle County
psaternyeCcDal bemarle.org
434-296-5832 x3250
401 McIntire Road, Suite 228, Charlottesville, VA 22902