Loading...
HomeMy WebLinkAboutSUB202100004 Correspondence 2022-02-02 • (&rcLI Gregg P. O'DonnellreU`� From: Pete Caramanis <pcaramanis@rc.law> Sent: Wednesday, February 2, 2022 4:53 PM Y�J To: Laura Lee Garrett Cc: Jeremy W. Swink; Gregg P. O'Donnell; Lauren G. McCarthy Subject: Re: Pleasant Green Easement Plats Attachments: Public Drainage Easement Deed-Final.2.2.22.pdf CAUTION: EXTERNAL email. Laura Lee, Thanks very much! Attached is the final version with the newly agreed language as the last sentence of Paragraph 6. We look forward to getting everything signed and finalized. Pete IngROYER CARAMANIS Peter J. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 710-4061 Fax NOTICE This electronic mail transmission may constitute an attorney-client communication that is privileged at law It is not intended for transmission to,or receipt by,any unauthorized persons If you have received this electronic mail transmission in error, please delete it from your system without copying it,and notify the sender by reply e-mail, so that our address records can be corrected Thank you. 4„. : «r►wMrtM Best Lawyer '.. AVtvzrzz From: Laura Lee Garrett<Igarrett@hirschlerlaw.com> Sent: Wednesday, February 2, 2022 4:35 PM To: Pete Caramanis<pcaramanis@rc.law> Cc:Jeremy W. Swink<swinkjw@stanleymartin.com> Subject: RE: Pleasant Green Easement Plats Pete, Thanks for taking this back to the County. His proposed language is approved. Please send the final version with this language for William to sign. Laura Lee 1 Laura Lee Garrett D: 804.771.9525 Igarrett©hirschlerlaw.com Hirschler 2100 East Cary Street I Richmond,VA 23223-7078 P:804.771.9500 I F:804 644.0957 I hirschlerlaw corn Mobile: 804.512.2871 Hirschler Fleischer,A Professional Corporation Confidentiality Note.This e-mail and any attachments are confidential and may be protected by legal privilege If you are not the intended recipient,be aware that any disclosure,copying,distribution or use of this e-mail or any attachment is prohibited.If you have received this e-mail in error,please notify us immediately by returning it to the sender and delete this copy from your system Thank you for your cooperation From: Pete Caramanis<pcaramanis@rc.law> Sent: Monday,January 31, 2022 9:16 AM To: Laura Lee Garrett<Igarrett@hirschlerlaw.com> Cc:Jeremy W. Swink<swinkjw@stanleymartin.com> Subject: [EXTERNAL] Fw: Pleasant Green Easement Plats Laura Lee, Thank you for the phone call last week. Please see the response from the County Attorney below and let me know your thoughts. His proposed language is fine with us. Pete ROYER c CARAMANIS Peter J. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney-client communication that is privileged at law It is not intended for transmission to,or receipt by,any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. �/�� 4,; N,waWwn/r't .icaier:ar AV �. Best ATTORNEY - uw rIMs1�.. �1ry *AL VI VI L .o`.••.. From:Andy Herrick<aherrick@albemarle.org> Sent: Monday,January 31, 2022 8:09 AM To: Pete Caramanis<pcaramanis@rc.law> Subject: RE: Pleasant Green Easement Plats 2 Pete, Thanks for your message. Though the Grantor does not have a maintenance obligation per sc, it does have an obligation not to obstruct the Improvements. Having said that, if it would help to restore "to provide the permitted and required aCCCSS thereto to Grantee," I could agree to that, as long as the "under this Deed" also remained. The revised sentence would read: "The Grantor shall have no obligation under this Deed to maintain the Easement or any Improvement except to provide the permitted an(1 required access thereto to Grantee as set forth herein." Hope that works. Thanks. Andy Herrick Deputy County Attorney' Albemarle County aherrick@albeinarle.org albcmarlc.org 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 attorney-client privilege. If you have received this message m error,please call(134) 972-40(i7 immediately,report your receipt of this email,and promptly delete the email from all sources on your computer. II you arc a client,you should niammut this entails contents in confidence to preserve its protected status. 'Thank you. From: Pete Caramanis<pcaramanis@rc.law> Sent:Tuesday,January 25, 2022 4:58 PM To: Cameron Langille<blangille@albemarle.org> Cc:Jeremy W. Swink<SwinkJW@stanleymartin.com> Subject: Re: Pleasant Green Easement Plats CAUTION:This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Cameron, As you know, I represent Stanley Martin Homes. I'm following up regarding the revision you mentioned in Item 1 of your email from December 22, 2021, below. I have been back and forth with the Grantor's attorney regarding the proposed revision. They have a problem with the "except as set forth herein" language, because it creates unnecessary confusion. There are no maintenance obligations set forth for the Grantor anywhere else in the document, so while the "except as set forth herein" language made sense in the previous version of the sentence which also dealt with access, it no longer makes sense and seems to indicate the presence of something that doesn't exist. Therefore, they have asked that I reach back out to you to see if the County would accept the same sentence you proposed but without "except as set forth herein" at the end. So, the sentence would read, "The Grantor shall have no obligation under this Deed to maintain the Easement or any Improvement." Let me know if that works. I'd be glad to talk about this with the County Attorney's office directly if preferred. Thanks! Pete ROYER c CARAMANIS Peter 3. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 3 • (434) 260-8767, x302 (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney-client communication that is privileged at law It is not intended for transmission to,or receipt by, any unauthorized persons If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail,so that our address records can be corrected Thank you. vwsdsrr.wRi ATTORNEY ,, M.MV AUI Law From:Jeremy W. Swink<SwinkJW@stanleymartin.com> Sent: Wednesday,January 12, 2022 4:23 PM To: Pete Caramanis<pcaramanis@rc.law> Subject: FW: Pleasant Green Easement Plats Cameron's comments. Jeremy Swink Vice President, Land— Charlottesville and Richmond Divisions STANLEY MARTIN HOMES 404 People Place#303 Charlottesville, VA 22911 swinkiw(astanleymartin.com 1571.309.5043 StanlevMartin.com *) 2021 NATIONAL I BUILDER OF THE YEAR From: Cameron Langille<blangille@albemarle.org> Sent: Wednesday, December 22, 2021 4:28 PM To:Jeremy W. Swink<SwinkJW@stanleymartin.com>; Kevin McDermott<kmcdermott@albemarle.org>; Frank Pohl <fpohl@albemarle.org>; Charles Rapp<rappc@albemarle.org>; Emily Cox<ecox2@albemarle.org> Cc:Gregg P. O'Donnell <OdonnellGP@stanleymartin.com>; Brian Jamison<BJamison@roudabush.com>;Jodie Filardo <jfilardo@albemarle.org> Subject: RE: Pleasant Green Easement Plats CAUTION:EXTERNAL email. Hi Jeremy, We received the plat and deed yesterday and were preparing to get these signed. A PDF of the public drainage easement deed that was submitted to the County is attached for reference. There are a few things that are preventing us from signing the plat and deed.These are revisions needed to the deed as follows: 1. CDD staff and the County Attorney's office had requested a revision to the deed during a previous review, and this was emailed to your team back on October 19th. It appears this change wasn't incorporated into the copy of the deed submitted for signature. 4 a. The last sentence in Section 6 of the deed should be revised as follows (underlined text needs to be added, and text with;trikcthrough removed): "Tlic Grantor shall have no obligation under this Deed to maintain the Easement or any Improvement except to provide the permitted kind required access thereto to Grantee as set forth herein." 2. The first paragraph under"Whereas" on page 1 lists the last plat revision date as February 26, 2021, but the plat that was submitted yesterday has a last revision date of December 21, 2021. a. Please revise the deed so that it states the correct last plat revision date, December 21, 2021. 3. If you need the plat and deed approved before the week of January 3'd, 2022,then the following must be revised as well: a. Use the following adapted language in the final paragraph: "The Grantee,acting by and through its Assistant County Executive, by delegation of the County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle,Virginia, accepts this conveyance pursuant to Virginia Code § 15.2-1803, as evidenced by the Assistant County Executive's signature hereto and the recordation of this Deed." b. Change the County's signature line to the Assistant County Executive. Please make the above requested changes to the deed, and submit a signed copy of the revised deed to us. Once we receive it, we can then proceed with signing and approving both documents. Cameron Langille (pronounced "LAN-JILL") Principal Planner Albemarle County blangille@albemarle.org 434-296-5832 x3432 401 McIntire Road, Charlottesville, VA 22902 5