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HomeMy WebLinkAboutSUB201800152 Correspondence 2018-12-28 Andy Reitelbach From: Andy Reitelbach Sent: Friday, December 28, 2018 10:07 AM To: 'George Batten' Cc: Avan Ordel; Bob Coleman Subject: RE: SUB2018-00152 Batten Family Division Ready for Approval Good morning George, The final plats for SUB201800152,the Batten Family Division, have been signed by the Agent of the Board of Supervisors,granting final approval. Two copies of the approved plat, along with the originals of the private street maintenance agreement and restrictive covenant(I made copies of these two documents for CDD's files and am returning the originals to you) are now available to be picked up at the front desk of CDD at the County Office Building.The plat and the other legal documents must now be recorded with the Albemarle County Clerk of the'Court at the courthouse. If you have any questions regarding recordation, please contact the Land Records Office at 434-972-4083. If you have any further questions, please let me know. Best regards, Andy - Andrew Ratelbach, Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 From:George Batten<gpb2c@virginia.edu> Sent:Thursday, December 27,2018 12:12 PM _ To:Andy Reitelbach<mreitelbach@albemarle.org> Cc:Avan Ordel<agordel@email.wm.edu>; Bob Coleman<residentialsurveying@gmail.com> 'Subject: Re:SUB2018-00152 Batten Family Division Ready for Approval Hi.Andy, I have just dropped off signed hard copies of the plat and both legal forms at your office. Please let me know if anything else is needed. Thanks, George I - 1 • On Fri, Dec 21, 2018 at 11:04 AM George Batten<gpb2c@virginia.edu>wrote: Hi Andy, Thanks for the details. I'll talk to Bob about those and will get everything in by the time you're back in the office on Thursday. Thanks, George On Fri, Dec 21, 2018 at 10:55 AM Andy Reitelbach<mreitelbach@albemarle.org>wrote: Good morning George, Yes,we need three additional copies of the revised plat that Mr. Coleman had prepared after I had sent him a comment letter.These copies of the revised plat must be signed and sealed by Mr.Coleman, and signed and notarized by the property owner(I believe Julian Batten is the only property owner currently?) prior to submission to the County.Once we have received those signed/notarized copies,the Agent for the Board.of Supervisors will sign the plats,granting them final approval.We will then return two copies of the approved plat to you to take one copy to the courthouse to be recorded with the Clerk of the Court in the Land Records Office and one copy for your files,and then the Planning Division keeps the third copy for our files. If you want additional copies of the final approved plat for your or your family's files,then please just submit however many more additional copies you would like to have signed by the Agent. The County Office Building is closed on Monday. However,we will resume regular operating hours on Wednesday, December 26. I will be out of the office myself on Wednesday, but will be back on Thursday, Dec.27.So if you are able to drop the documents off on Wednesday,the front desk staff can put them in my mailbox,and I'll get them Thursday to process and get signed. Thanks, Andy Anz crew Reazib ch, • Senior Planner Albemarle County Community Development Department 401 McIntire Road 2 Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 From:George Batten<gpb2c@virginia.edu> Sent: Friday, December 21, 2018 10:36 AM To:Andy Reitelbach<mreitelbach@albemarle.org> Cc: Bob Coleman<residentialsurveying@gmail.com>;Avan Ordel<agordel@email.wm.edu> Subject: Re:SUB2018-00152 Batten Family Division Ready for Approval Hi Andy, Great,thanks for letting us know. I have just a couple of questions: I submitted three copies of the plat along with the subdivision application-do I still need to bring three more copies? Also, is the office open regularly on Monday(Christmas Eve)? If so, I will try to have everything to you by then. Thanks, George On Fri, Dec 21,2018 at 9:43 AM Andy Reitelbach<mreitelbach@albemarle.org>wrote: Good morning, The most recent submissions of the plat, restrictive covenant,and private street maintenance agreement have all been reviewed and are ready for final approval. 3 • Please submit at least three copies of the plat,signed by the property owner(s)and surveyor and notarized by a notary public, as well as the legal documents,to the Community Development Department for final approval by the County.Once approved by the County,these documents will be returned to you to be recorded at the courthouse. If you have any questions or concerns, please let me know. Best regards, Andy A;lam(' Re t-12)1;0v Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 4 • COUNTY OF AL .EMARLE Department of Community Development SUBMITTAL SHEET This form must be returned with any revisions or drop-offs to ensure proper tracking and distribution. If you need to submit additional information,please explain at the bottom of this form. All plans must be collated and folded to fit into legal size files, in order to be accepted for submittal. TO. J _ DATE: 1.2 12-1 lig— PROJECT NAME. Submittal Type Requiring Revisions County Project Number #Copies Boundary Line Adjustment Easement Plat Family Division Preliminary Plat Final Plat Special Lot Rural Subdivision VSMP Plan VESCP Plan Initial Site Plan Final Site Plan Major Amendment to Site Plan Minor Amendment to Site Plan Architectural Review Board Other Additional Information:., _.1 10/22/15 Andy Reitelbach From: Andy Reitelbach Sent: Friday, December 21, 2018 9:44 AM _ To: Bob Coleman;George Batten Cc: Avan Ordel Subject: SUB2018-00152 Batten Family Division Ready for Approval Good morning, The most recent submissions of the plat, restrictive covenant,and private street maintenance agreement have all been reviewed and are ready for final approval. Please submit at least three copies of the plat,signed by the property owner(s)and surveyor and notarized by a notary public,as well as the legal_documents,to the Community Development Department for final approval by the County. Once approved by the County,these documents will be returned to you to be recorded at the courthouse. If you have any questions or concerns, please let me know. Best regards, Andy Andrew Re(te bac,H. Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 1 Andy Reitelbach From: Andy Reitelbach Sent: Monday, November 26, 2018 10:20 AM To: 'Bob Coleman' Subject: RE: SUB2018-00152 - Batten Family Division - Comment Letter Good morning Mr.Coleman, I am still waiting for the Health Department approval of this plat,as well as legal documents pertaining to the restrictive covenant for family divisions and the private street maintenance agreement. However,the plat itself looks fine, except for"Travelway" in the large note on sheet 2 has a minor typo—Missing the"L". Once I get approval of the last few documents, I will send you an email requesting the signed and notarized plats. Best regards, Andy Andrew Reifti2achv Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 From: Bob Coleman<residentialsurveying@gmail.com> Sent: Monday,October 15, 2018 3:09 PM To:Andy Reitelbach<mreitelbach@albemarle.org> Subject: RE:SUB2018-00152- Batten Family Division-Comment Letter Andy, Attached is the revised plat with comments addressed. Thanks, Bob Robert W.Coleman,Jr., LS Residential Surveying Services 1710 Allied Street,Ste. 20A Charlottesville,Va.,22903 Email: residentialsurveyingC@gmail.com Tele:(434)245-8744 1 From: Andy Reitelbach [mailto:mreitelbach©albemarle.orq] Sent: Monday, October 15, 2018 12:45 PM To: residentialsurveying©agmail.com Subject: SUB2018-00152 - Batten Family Division - Comment Letter Good afternoon Mr.Coleman, Please find attached a comment letter for SUB2018-00152,the proposed Batten family subdivision on Scottsville Road. If you have any questions or concerns, please do not hesitate to contact me. Best regards, Andy Avualrew Rene back, Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach yalbemarle.org 434.296.5832 x3261 2 Prepared by: John S.Ralston(VSB#89506) 943 Glenwood Station Lane, Suite 101, Charlottesville,VA 22901 PARCEL ID: 91-19 DECLARATION THIS DECLARATION is made this — day of December, 2018, by Julian P. Batten Jr., (the"Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 18.595 acres more or less, known as TMP 91-19, (the "Property") as shown on the plat identified as "Plat Showing the `Batten' Family Division Survey" dated August 3, 2018 made by Robert W. Coleman, Jr. of Residential surveying Services, a copy of which plat is attached hereto and recorded herewith(the "Plat"). WHEREAS, the Declarant desires to record the Plat to subdivide the Property into "Parcel A", containing 7.623 acres, "Parcel B," containing 7.614 acres, and the "Residue" lot containing 3.358 acres, as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Parcel A, Parcel B, and the Residue lot and the Declarant desires to impose such restrictions. NOW THEREFORE,the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Parcel A, Parcel B, and the Residue lot as further shown on the Plat. 2. Neither Parcel A, Parcel B, or the Residue lot, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. WITNESS the following signature and seal. (Seal) Julian P. Batten, Jr. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit; The foregoing instrument was acknowledged before me this_day of December, 2018,by Julian P. Batten, Jr. My commission expires: Notary Public Prepared by.• TMP: 09100-00-00-01900 John S. Ralston (VSB#89506) 943 Glenwood Station Lane, Suite 101 Charlottesville, VA 22901 Grantor Address: 1853 Scottsville Road, Charlottesville, VA 22902 DECLARATION The PRIVATE STREET MAINTENANCE AGREEMENT(hereinafter, the "Agreement") is made this day of December, 2018, by Julian P. Batten,Jr. (hereinafter,the"Declarant"), and provides for the following: WHEREAS, the Declarant is the owner of a parcel of land known as Albemarle County Tax Map 09100-00-00-01900 pursuant to the deed recorded in Deed Book 1717 Page 33 and plat recorded in Deed Book 205, Page 22; and WHEREAS, Tax Map 09100-00-00-01900 will be subdivided into three (3) parcels by the Declarant: Parcel A, which consists of 7.623 acres; Parcel B, which consists of 7.614 acres; and the Residue, which consists of 3.358 acres. These parcels are further shown and described on a plat by Residential Surveying Services, dated August 3, 2018, titled"Plat Showing The `Batten' Family Division Survey", a copy of which is hereto attached and made part of this Agreement(hereinafter,the"Plat"); and WHEREAS, the access easement shown on the Plat will be a new twenty-five foot(25')wide non-exclusive Private Street for ingress and egress (hereinafter,the "Street") and for the use and benefit of Parcel A, Parcel B, and the Residue shown on the Plat. NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Parcel A, Parcel B, and the Residue, a Street to be maintained as follows: MINIMUM STANDARD. The Street shall be maintained in perpetuity to substantially the same condition as it was in when approved by the County, and shall be: a minimum of,but not to exceed, twenty-five feet(25') in width and Six-Hundred Ninety-Two and 72/100ths feet(692.72)in length of gravel, or a superior surface should the parties mutually agree to via a supplemental declaration; of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary vehicles; and together with an area adequate for maintenance of the travelway, as required by the Chapter 14 Section 412 of the Subdivision Ordinance of the Albemarle County Code. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. • • MAINTENANCE. For purposes of this instrument, "maintenance"includes the maintenance of the private streets or alleys, and all curbs, curb and gutters, drainage facilities,utilities, dams,bridges, and other private street improvements, and the prompt removal of snow,water, debris, or any other obstruction as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. NOTICE OF MAINTENANCE. Any party may initiate repairs or maintenance by first informing.all other parties in writing of his/her intention and the extent of the work sought. If no objection is received within seven(7) days of such notice, then the initiating party may proceed with the work. However,no notice for initiating snow removal or removal of impassable obstructions shall be required. COST OF MAINTENANCE: The owner(s) of Parcel A, Parcel B, and the Residue shall be equally responsible for the cost of the maintenance of and/or repair to the Street. Any further division of Parcel A, Parcel B, or the Residue shall require the reassessment of cost to be equally shared by all owners using of the Street. No public agency, including the Virginia Department of Transportation and the.County of Albemarle, Virginia,will be responsible for maintaining any improvement identified herein. - WHEN TO MAINTAIN. After the initial construction of the Street, any further construction,maintenance or repair shall be undertaken only with the mutual consent of all owners,provided that in the event that one of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNER(S). If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, as provided hereinabove, any other owner not in default, or the person or corporation performing such maintenance,may after 30 days written notice to the defaulting parcel owner(s)bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent Owner shall be liable to pay all costs of collection, including reasonable attorney's fees. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and shall be construed and interpreted according to the laws of the Commonwealth of Virginia. • IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. ' BY: Julian P. Batten, Jr. STATE OF VIRGINIA AT LARGE CITY/COUNTY OF , to-wit: The foregoing Declaration was acknowledged before me this day of December, 2018,by Julian P. Batten, Jr. Notary Public My commission expires: Registration No.: Andy Reitelbach From: George Batten <gpb2c@virginia.edu> , Sent: Tuesday, December 11, 2018 4:45 PM To: Andy Reitelbach Cc: Avan Ordel Subject: Re: Restrictive Covenant/Private St. Maintenance Agreement Comments - Batten Family Division - SUB2018-00152 Attachments: Edited template for Family Division Restrictive Covenant Form Batten December 2018.v2.pdf; PRIVATE STREET MAINTENANCE AGREEMENT v3.pdf Hi Andy, I am attaching our updated road maintenance agreement and restrictive covenant that have been edited accordingly with the legal comments you sent us.As discussed,we have left these un-notarized until final review is complete. Please let us know when the review is finished,and we'll go ahead and get these notarized and turned in, if no other adjustments are needed. Thanks, George On Mon, Dec 3,2018 at 9:53 AM Andy Reitelbach<mreitelbach@albemarle.org>wrote: Good morning George, Yes,that would be fine with me to not have them notarized at this point, until they are ready to be finalized. 1, Also, I received a letter from the Health Department regarding your application,and I will be sending that along to you and your surveyor shortly. Best regards, Andy A vu rew ReitP1bac/1, Senior Planner Albemarle County Community Development Department 1 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 From:George Batten<gpb2c@virginia.edu> Sent:Thursday, November 29,2018 12:51 PM To:Andy Reitelbach<mreitelbach@albemarle.org> Cc:Avan Ordel<agordel@email.wm.edu> Subject: Re: Restrictive Covenant/Private St. Maintenance Agreement Comments-Batten Family Division-SUB2018- 00152 • Hi Andy, Thanks for sending.We are working on these now with our attorney. Is it possible to submit these back to the county prior to having them notarized again, in case there are further comments or edits that need to be made?And then if all looks good, I'll have them notarized a second time at that point? Thanks, George On Wed, Nov 21,2018 at 11:43 AM Andy Reitelbach <mreitelbach@albemarle.org>wrote: Good morning George, The County Attorney's office has reviewed the restrictive covenant and private street maintenance agreement documents that were submitted to CDD,and they have a few minor corrections to be made on each document before final approval is given. I have attached copies of each document, marked up with the County Attorney's office's comments. If you need any assistance deciphering them, please let me know,as I recognize the scans may not have come out with the best resolution. I am also happy to provide you with hard copies of the comments if you would like. When the revisions have been made, please re-submit to me. 2 In addition, I am still waiting for comment or approval from the Health Department regarding the soils report and proposed drainfields on this property. I will follow up with them to determine where they are at in their process. If you have any other questions, please let me know. Have a nice Thanksgiving, Andy Andrew Re(teZbacu Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 3 Andy Reitelbach From: Andy Reitelbach Sent: Wednesday, November 21, 2018 11:43 AM To: 'George Batten' Cc: 'residentialsurveying@gmail.com' Subject: Restrictive Covenant/Private St. Maintenance Agreement Comments- Batten Family Division - SUB2018-00152 Attachments: Legal Comments_Private Street Maintenance Agreement.pdf; Legal Comments_Restrictive Covenant.pdf Good morning George, The County Attorney's office has reviewed the restrictive covenant and private street maintenance agreement documents that were submitted to CDD,and they have a few minor corrections to be made on each document before final approval is given. I have attached copies of each document, marked up with the County Attorney's office's comments. If you need any assistance deciphering them, please let me know,as I recognize the scans may not have come out with the best resolution. I am also happy to provide you with hard copies of the comments if you would like. When the revisions have been made, please re-submit to me. - In addition, I am still waiting for comment or approval from the Health Department regarding the soils report and proposed drainfields on this property. I will follow up with them to determine where they are at in their process. If you have any other questions, please let me know, Have a nice Thanksgiving, Andy Andrew Re t 2&ach. Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 1 of A "r ff COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Date:November 7,2018 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: County Attorney Review of Family Division Restrictive Covenant Project Name: SUB201800152—Batten Family Division Dear Mr.Herrick: The applicant has prepared and submitted a Declaration of Restrictive Covenant for the above-named project. At your earliest convenience,please review these documents and the attached plat for the division. Should you have any questions or comments,please feel free to contact me. Sincerely, G` r Q, An y Re telbach, Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 aat„,4 areitelbach@albemarle.org (434)296-5832,phone ex. 3261 /C7ITIJ. Prepared by: PARCEL ID: 91-19 DECLARATION THIS DECLARATION is made this 28th day of October, 2018, by Julian Patrick Batten, Jr., (the"Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 18.595 acres more or less, known as TMP 91-19, (the "Property") as shown on the plat identified as "The `Batten' Family Division", dated August 3, 2018, made by Robert W. Coleman, Jr. of Residential Surveying Services., a copy of which plat is attached hereto and recorded herewith(the"Plat"). WHEREAS,the Declarant desires to record the Plat to subdivide the Property into "Parcel A", containing 7.523 acres, "Parcel B." containing 7.514 acres, and the "Residue" lot, containing 3.358 acres, as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Parcel A, Parecel B, and the Redisude lot and the Declarant desires to impose such restrictions. NOW THEREFORE,the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Parcel A, Parcel B and the Residue lot as further shown on the Plat. 2. Neither Parcel A, Parcel B or the Residue Lot, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. • WITNESS the following signature and seal. 61/ujitZm Pthitj,1. (Seal) lian P. Batten,Jr.. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Albemarle,to wit; - - The foregoing instrument was acknowledged before me this 28th day of October, 2018, by Julian P Batten,Jr. My commission expires: o f es Notary Public iajj2o'8 - 6ICVin 4ov.30,2018 Prepared by: 3 PLW /- - 1 I PARCEL ID: 91-19 DECLARATION THIS DECLARATION is made this 28th day of October, 2018, by Julian Patrick atten, Jr., (the"Declarant"). /In Surfer WITNESSETH: P!a-f SAowl?,n WHERE S, the Declarant is the owner of the property containing.18.595 cres more or less, known as 91-19, (the "Property") as shown on the plat identified as The `Batten' Family Divisio ", ted August 3, 2018, made by Robert W. Coleman, Jr. of Residential Surveying Service . a copy of which plat is attached hereto and recorded herewith(the"Plat"). WHERE S the Declarant desires to record tllJ lat to subdivide the Property into "Parcel A", containing g3 acres, "Parcel B." containing 7. 14 acres, and the ` " lot, containing 3.358 acres, as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family s bdivision certain restrictions must be imposed upon Parcel A, Parecel B, and the(Redisudelo�t and the Declarant desires to impose such restrictions. Re5 i d ve NOW THEREFORE,the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Parcel A, Parcel Bs and the Residue lot as further shown on the Plat. 2. Neither Parcel A, Parcel B, or the '. ,paay be transferred, except by devise, descent or operation of law, to a person o er than an eligible member of the immediate family of the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. WITNESS the following signature and seal. (Seal) •an P. Batten,Jr. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Albemarle,to wit; The foregoing instrument was acknowledged before me this 28th day of October, 2018, by Julian P Batten, Jr. My commission expires: S 13 01 au Notary Public - S^ 'rne JRra(lln NOTARY PUBLIC • Commfzeonwealth 7 Virginia My Commission#73272749 Pires Nov.30,2018 4.oy A % COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Date:November 15,2018 dy I1ernck; County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: County Attorney Review of Family Division Road Maintenance Agreement Project Name: SUB201800152—Batten Family Division Dear Mr.Herrick: The applicant has prepared and submitted a Private Street Maintenance Agreement for the above-named project.Although private street maintenance agreements are not required for family divisions,the applicant has chosen to complete one and submit it for review by this office. At your earliest convenience,please review these documents for the division. This private street maintenance agreement is for the same project as the restrictive covenant that was transmitted to the County Attorney's Office for review last week on November 7t',which included a copy of the proposed subdivision plat. If you need an additional copy of the plat,please let me know and I can provide you with one. Should you have any questions or comments, please feel free to contact me. Sincerely, 1 And Reit Bach enior Planner , + — County of Albemarle ktridabAl C.0-tAirL,1 Department of Community Development 401 McIntire Road Charlottesville,VA 22902Xri) areitelbach@albemarle.org (434)296-5832,phone ex. 3261 LI, %Atli Prepared by: TMP: 09100-00-00-01900 John S. Ralston (VSB#89506) 943 Glenwood Station Lane, Suite 101 Charlottesville, VA 22901 - _ 4'11-44t Grantor Address: 1853 Scottsville Road, Charlottesville,VA 22902 DECLARATION The PRIVATE STREET TENANCE AGREEMENT(hereinafter,the "Agreement") is made this day it f November, 2018,by Julian Patrick Batten,Jr. (hereinafter,the,`Declarant"),and provides for the following: WHEREA$,the Declarant is the owner of a parcel of land known as Albemarle County Tax Map 09100-00-00-01900 pursuant to the deed recorded in Deed Book 297 Page 77 and plat4ecorded in Deed Book 205,Page 22; and WHEREAS,Tax Map 09100-00-00-01900 will be subdivided into three(3) parcels by the Declarant: Parcel A,which consists of 7.623 acres; Parcel B,which consists of 7.614 acres; and the Residue,which consists of 3.358 acres.These parcels are further shown and described on a plat by Residential Surveying Services, dated August 3, 2018,titled"Plat Showing The `Batten' Family Division Survey", a copy of which is hereto attached and made part of this Agreement(hereinafter,the"Plat"); and WHEREAS,the access easement shown on the Plat will be a new twenty-five foot(25')wide non-exclusive Private Street for ingress and egress (hereinafter,the "Street")and for the use and benefit of Parcel A,Parcel B,and the Residue shown on the Plat. NOW,THEREFORE,for and in consideration of the premises and the undertakings contained herein,the Declarant hereby imposes upon Parcel A,Parcel B, and the Residue,a Street to be maintained as follows: MINIMUM STANDARD. The Street shall be maintained as follows: a minimum of, but not to exceed,twenty-five feet(25')in width and Six-Hundred Ninety-Two and 72/100ths feet(692.72)in length of gravel,or a superior surface should the parties mutually agree to via a supplemental declaration; of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary vehicles; and together with an area adequate for maintenance of the travelway, as required the Chapter 14 Section 412 of the Subdivision Ordinance of Albemarle and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. MAINTENANCE. For purposes of this instrument,`maintenance"shall include,but not limited to,the following:maintenance of the private street and other private street improvements;repairing the road surface; adding stone; grading or scraping the road as necessary; cleaning or re-cutting ditches as necessary;trimming brush along the roadside; and the prompt removal of snow,water,debris,or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles,including emergency services vehicles. The term"to maintain,"or any derivation of that verb, includes the maintenance,replacement,reconstruction and correction of defects or damage. NOTICE OF MAINTENANCE. Any party may initiate repairs or maintenance by first informing all other parties in writing of his/her intention and the extent of the work sought. If no objection is received within seven(7)days of such notice,then the initiating party may proceed with the work. However,no notice for initiating snow removal or removal of impassable obstructions shall be required. COST OF MAINTENANCE: The owner(s)of Parcel A,Parcel B,and the Residue shall be equally responsible for the cost of the maintenance of, and or repair to the Street. Any further division of Parcel A,Parcel B,or the Residue shall require the reassessment of cost to be equally shared by all owners using of the Street. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia,will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN. After the initial construction of the Street,any further construction,maintenance or repair shall be undertaken only with the mutual consent of all owners,provided that in the event that one of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNER(S). If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, as provided hereinabove,any other owner not in default,or the person or corporation performing such maintenance,may after 30 days written notice to the defaulting parcel owner(s)bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County,a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent Owner shall be liable to pay all costs of collection,including reasonable attorney's fees. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and shall be construed and interpreted according to the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. Pi BY: .� /_'. `. cga ulian Patrick Batten,Jr. STATE OF VIRGINIA AT HHI�LIAR�G�E�� L�n CITY/COUNTY OF �V ' I I , to-wit: 101 Ida of The foregoing Declaration was ackno ledged be re e this y November,2018,by Julian Patrick Batten,Jr. i — _ Irene Smith Scott NOTARY PUBLIC No Publ c Com e.Ith of Virginia 1 � II P My Commissi j Expires�May 31,2022 My commission expires: v I A " ' Registration No.: 162,E (31 Prepared by: TMP: 09100-00-00-01900 John S.Ralston (VSB#89506) 943 Glenwood Station Lane, Suite 101 Charlottesville, VA 22901 Grantor Address: 1853 Scottsville Road, Charlottesville,VA 22902 DECLARATION The PRIVATE STREET MaNTENANCE AGREEMENT(hereina r,the "Agreement") is made this day ,0 "bf November, 2018,by Julian ric Batten,Jr. (hereinafter,.the,`Declarant"),and provides for the following: WHEREAS,the Declarant is tare owner of a parcel of land known as Albemarle Coun ax Map 09100-00-00-01900 pursuant to the deed recorded in Deed Boo /7� Page and plat tecorded in Deed Book 205,Page 22; and 33 .' WHEREAS,Tax Map 09100-00-00-01900 will be subdivided into three(3) parcels by the Declarant:Parcel A,which consists of 7.623 acres; Parcel B,which consists of 7.614 acres; and the Residue,which consists of 3.358 acres.These parcels are further shown and described on a plat by Residential Surveying Services, dated August 3, 2018,titled"Plat Showing The `Batten' Family Division Survey", a copy of which is hereto attached and made part of this Agreement(hereinafter,the"Plat"); and WHEREAS,the access easement shown on the Plat will be a new twenty-five foot(25')wide non-exclusive Private Street for ingress and egress (hereinafter,the "Street")and for the use and benefit of Parcel A,Parcel B, and the Residue shown on the Plat. NOW, THEREFORE,for and in consideration of the premises and the undertakings contained herein,the Declarant hereby imposes upon Parcel A,Parcel B, and the Residue,a Street to be maintained as follows: MINIMUM STANDARD. The Street shall be maintained ds follows: a minimum of, but not to exceed,twenty-five feet(25')in width and Six-Hundred Ninety-Two and 72/100ths feet(692.72)in length of gravel,or a superior surface should the parties mutually agree to via a supplemental declaration; of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary vehicles; a.. by together with an area adequate for maintenance of the travelway, as requir d lj - hapter 14 ection 412 of th-1 W vision �.anc . >Albemarl• and maintain perpetui to substantially the same condition it was in when approve by t e County!"'I' e travelway shall at all times be maintained so that it is saf and convenient for passenger automobiles and emergency vehicles at all times except' severe temporary weather conditions. Cvvnfy Cod e Us& CurreerE `on ics a 0- COurrly Cook 9 §14-317C A-) ,,Ins+ea MAINTENANCE. For purposes of this instrument,"maintenance"shall include,but not be • 'te to, e T ollowing:maintenance of the private street and other private street improvements;repairing the road surface;adding stone; grading or scraping the road as necessary; cleaning or re-cutting ditches as necessary;trimming brush along the roadside; and the prompt removal of snow,water,debris, or any other obstruction so as to keep the private street or alle reasonably open for usage by all vehicles,including emergency services vehicles. he term o mam am, or any derivation of that ver , me udes the mamtenance,rep acement,reconstruction and correction of defects or damage. NOTICE OF MAINTENANCE. Any party may initiate repairs or maintenance by first informing all other parties in writing of his/her intention and the extent of the work sought. If no objection is received within seven(7)days of such notice,then the initiating party may proceed with the work. However,no notice for initiating snow removal or removal of impassable obstructions shall be required. COST OF MAINTENANCE: The owner(s)of Parcel A,Parcel B,and the Residue shall be equally responsible for the cost of the maintenance otfan4/or repair to the Street. Any further division of Parcel A,Parcel B, or the Residue shall require the reassessment of cost to be equally shared by all owners using of the Street. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia,will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN. After the initial construction of the Street, any further construction,maintenance or repair shall be undertaken only with the mutual consent of all owners,provided that in the event that one of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNER(S). If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, as provided hereinabove, any other owner not in default,or the person or corporation performing such maintenance,may after 30 days written notice to the defaulting parcel owner(s)bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County,a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent Owner shall be liable to pay all costs of collection,including reasonable attorney's fees. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and shall be construed and interpreted according to the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. Q -,�' BY: i ' ti '4_�l G ) �ulian P c atten,Jr. CITSTATE COUNTY OF OF IA ATK VO �` ,to-wit: -1'11 The foregoing Declaration was ackno ledged be re e this IO day of November,2018,by Julian 'atric :atten,Jr. Irene Smith Scott NOTARY PUBLIC N Pub c tom Reg.173 of Virginia )\OAA My Commission B 7327289 Expires May31,2022 My commission expires: Registration No.: 16 '1 U COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Date:November 15,2018 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: County Attorney Review of Family Division Road Maintenance Agreement Project Name: SUB201800152—Batten Family Division Dear Mr.Herrick: The applicant has prepared and submitted a Private Street Maintenance Agreement for the above-named project. Although private street maintenance agreements are not required for family divisions,the applicant has chosen to complete one and submit it for review by this office.At your earliest convenience,please review these documents for the division. This private street maintenance agreement is for the same project as the restrictive covenant that was transmitted to the County Attorney's Office for review last week on November 7t',which included a copy of the proposed subdivision plat. If you need an additional copy of the plat,please let me know and I can provide you with one. Should you have any questions or comments, please feel free to contact me. Sincerely, ndy- eitelbaelrSeriro larinerr atii ttof'Albemarl`e`" Department of Community Development 401 McIntire Road Charlottesville,VA 22902 • areitelbach@albemarle.org (434)296-5832,phone ex. 3261 Prepared by: TMP: 09100-00-00-01900 John S.Ralston (VSB#89506) 943 Glenwood Station Lane, Suite 101 Charlottesville, VA 22901 Grantor Address: .1853 Scottsville Road, Charlottesville,VA 22902 DECLARATION The PRIVATE STREET MTENANCE AGREEMENT(hereinafter,the "Agreement")is made this day November,2018,by Julian Patrick Batten,Jr. (henafter,.the,:Declarant"),and provides for the following: WHEREAS,the Declarant is tile owner ofa parcel of land known as Albemarle County Tax Map 09100-00-00-01900 pursuant to the deed recorded in Deed Book 297 Page 77 and plate.corded in Deed Book 205,Page 22; and WHEREAS,Tax Map 09100-00-00-01900 will be subdivided into three(3) parcels by the Declarant:Parcel A,which consists of 7.623 acres; Parcel B,which consists of 7.614 acres; and the Residue,which consists of 3.358 acres.These parcels are further shown and described on a plat by Residential Surveying Services, dated August 3, 2018,titled"Plat Showing The `Batten'Family Division Survey", a copy of which is hereto attached and made part of this Agreement(hereinafter,the"Plat");and WHEREAS,the access easement shown on the Plat will be a new twenty-five foot(25')wide non-exclusive Private Street for ingress and egress(hereinafter,the "Street")and for the use and benefit of Parcel A,Parcel B, and the Residue shown on the Plat. NOW,THEREFORE, for and in consideration of the premises and the undertakings contained herein,the Declarant hereby imposes upon Parcel A,Parcel B, and the Residue,a Street to be maintained as follows: MINIMUM STANDARD. The Street shall be maintained as follows:a minimum of, but not to exceed,twenty-five feet(25')in width and Six-Hundred Ninety-Two and 72/100ths feet(692.72)in length of gravel,or a superior surface should the parties mutually agree to via a supplemental declaration; of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary vehicles; and together with an area adequate for maintenance of the travelway, as required the Chapter 14 Section 412 of the Subdivision Ordinance of Albemarle and maintained in perpetuity to substantially the same condition it was in when approved by the County. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. • MAINTENANCE. For purposes of this instrument,"maintenance"shall include,but not limited to,the following:maintenance of the private street and other private street improvements;repairing the road surface; adding stone;grading or scraping the road as necessary; cleaning or re-cutting ditches as necessary;trimming brush along the roadside; and the prompt removal of snow,water, debris,or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. The term"to maintain,"or any derivation of that verb,includes the maintenance,replacement,reconstruction and correction of defects or damage. NOTICE OF MAINTENANCE. Any party may initiate repairs or maintenance by first informing all other parties in writing of his/her intention and the extent of the work sought. If no objection is received within seven(7)days of such notice,then the initiating party may proceed with the work. However,no notice for initiating snow removal or removal of impassable obstructions shall be required. COST OF MAINTENANCE: The owner(s)of Parcel A,Parcel B,and the Residue shall be equally responsible for the cost of the maintenance of,and or repair to the Street. Any further division of Parcel A,Parcel B, or the Residue shall require the reassessment of cost to be equally shared by all owners using of the Street. No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia,will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN. After the initial construction of the Street, any further construction,maintenance or repair shall be undertaken only with the mutual consent of all owners,provided that in the event that one of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNER(S). If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, as provided hereinabove,any other owner not in default, or the person or corporation performing such maintenance,may after 30 days written notice to the defaulting parcel owner(s)bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County,a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance;and the delinquent Owner shall be liable to pay all costs of collection,including reasonable attomey's fees. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto and shall be construed and interpreted according to the laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. /J PO&A. BY: jk._ igat ulian Patrick Batten,Jr. STATE OF VIRGINIA AT LARGE CITY/COUNTY OF A1 ) fl�. , to-wit: 0!1 The foregoing Declaration was ackno ledged be'ire 1ne this day of November,2018,by Julian Patrick Batten,Jr. I • Irene Smith Scott �:; ►�%/Ibriff NOTARY PUBLIC N. Publ _NOTARY ' lth of Virginia Rag n27289 R I 9,1Ii jt)1 My Commission Expires May 31,2022 My commission expires: L% 01 Registration No.: I o CA J COUNTY OF ALBEMARLE Department of Community Development SUBMITTAL SHEET • This form must be returned with any revisions or drop-offs to ensure proper tracking and distribution. If you need to submit additional information,please explain at the bottom of this , form. All plans must be collated and folded to fit into legal size files,in order to be accepted for submitta . (� I /V V I l,l�:.� DATE• ILL 1141tO PROJECT NAME• F.4-14C-17.\ 'L1l1! ( v64trl/I S l blA Submittal Type Requiring Revisions County Project Number #Copies Boundary Line Adjustment Easement Plat Family Division U� 2^L$— O C LC - Preliminary Plat - I � Final Plat Special Lot 'Rural Subdivision VSMPPlan VESCP Plan Initial Site Plan Final Site Plan Major Amendment to Site Plan Minor Amendment to Site Plan Architectural Review Board Other Additional Information: RECENED NOV 14 2010 COMMUNITY PEVaLOPMINT 10/22/15 of A COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Date:November 7,2018 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: County Attorney Review of Family Division Restrictive Covenant Project Name: SUB201800152—Batten Family Division Dear Mr.Herrick: The applicant has prepared and submitted a Declaration of Restrictive Covenant for the above-named project.At your earliest convenience,please review these documents and the attached plat for the division. Should you have any questions or comments,please feel free to contact me. Sincerely, Andy Reitelbach, Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 areitelbachAalbemarle.org , (434)296-5832,phone ex. 3261 Prepared by: PARCEL ID: 91-19 DECLARATION THIS DECLARATION is made this 28th day of October,2018, by Julian Patrick Batten, Jr., (the"Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 18.595 acres more or less, known as TMP 91-19, (the "Property") as shown on the plat identified as "The `Batten' Family Division", dated August 3, 2018, made by Robert W. Coleman, Jr. of Residential Surveying Services., a copy of which plat is attached hereto and recorded herewith(the"Plat"). WHEREAS,the Declarant desires to record the Plat to subdivide the Property into "Parcel A", containing 7.523 acres, "Parcel B." containing 7.514 acres, and the "Residue" lot, containing 3.358 acres, as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212(a) of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Parcel A, Parecel B, and the Redisude lot and the Declarant desires to impose such restrictions. NOW THEREFORE,the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Parcel A, Parcel B, and the Residue lot as further shown on the Plat. 2. Neither Parcel A, Parcel B, or the Residue Lot, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the Declarant,,for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. WITNESS the following signature and seal. 6.p (Seal) ian P. Batten,Jr. COMMONWEALTH OF VIRGINIA CITY/COUNTY OF Albemarle,to wit; The foregoing instrument was acknowledged before me this 28th day of October,2018, by Julian P Batten, Jr. ' My commission expires: ', .r 3 ac 4 $ Notary Public spradlln Comm RTARY PUBLIC onla t3h of yir9inia MY Comrhiss on �7327274 Expires Nov 30,2018 COUNTY OF ALBEMARLE Department of Community Development SUBMITTAL SHEET This form must be returned with any revisions or drop-offs to ensure proper tracking and distribution. If you need to submit additional information,please explain at the bottom of this form. All plans must be collated and folded to fit into legal size files, in order to be accepted for submittal. LL ( T®: P 1 ,l t" DATE: L l,C C PROJECT NAME: rC -.1/14( 6 `Vl%-L SV Submittal Type Requiring Revisions County Project Number #Copies Boundary Line Adjustment Easement Plat Family Division UV / •l g-CO I j ,� 1 Preliminary Plat lC� Final Plat Special Lot Rural Subdivision VSMP Plan VESCP Plan Initial Site Plan Final Site Plan Major Amendment to Site Plan Minor Amendment to Site Plan Architectural Review Board Other Fee Received Additional Information: 5 .3s5, dl� Received Date i-°/ 20 Received By 10/22/15 Andy Reitelbach From: Andy Reitelbach Sent: Thursday, October 25, 2018 5:58 PM To: Avan Ordel; 'gpb2c@virginia.edu' Subject: FW: Batten family subdivision application Attachments: SUB201800152_Batten-Family Division_1st Review Comment Letter.pdf;template for Family Division Restrictive Covenant Form.doc;TEMPLATE PRIVATE STREET MAINTENANCE AGREEMENT TEMPLATE.DOC; Letter_Potential Road Name Notice.pdf Good afternoon, I am forwarding the email that I tried to send yesterday afternoon, but bounced back as undeliverable due to UVa's servers flagging it as spam. Perhaps this email will now go through. Please see the below email and the attachments for what I had tried to send yesterday. If you have any questions or concerns, please do not hesitate to contact me(though I will be out of the office tomorrow). Best regards, Andy A v c raw Reitelba. v Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 From:Andy Reitelbach Sent:Wednesday,October 24,2018 5:30 PM To: 'George Batten'<gpb2c@virginia.edu> Subject: RE: Batten family subdivision application Good afternoon Mr. Batten, Thank you for reaching out regarding your family division application. An initial review of the application and plat was completed,with a comment letter sent to Mr. Coleman. (A copy of that letter is attached.) Mr. Coleman has re-submitted a revised copy of the plat,which is currently under review by the Planning Division. I will also need from you two other items: 1) a $355.00 fee for the required Tier 2 Groundwater Review(as this fee was not paid at the time of the original submittal of the application),which may be paid at the front desk of the Community 1 Development department(CDD); and 2) a signed and notarized copy of the restrictive covenant for family divisions(a template of which is attached to this email).These two items can be submitted to CDD at the same time. In addition, I have attached a copy of the template for a private street maintenance agreement.Although this agreement is not required for a family division, it is recommended, as a private street is being created as'a part of the family division to access the two interior lots which do not have direct access on Route 20. If you choose to do a private street maintenance agreement,a signed/notarized copy of that may also be submitted along with the two items mentioned above.Also, please review the letter(also attached)from Elise Kiewra,GIS Specialist.This letter explains the addressing process,and the potential need for choosing a street name for the new private street that will be created. If you have more questions about this process,you may contact either Elise at the contact information included in that letter or Andrew Walker,GIS Specialist,at 434-296-5832 ext.3031. Finally,the soils reports for the proposed lots have been transmitted to the Virginia Department of Health and are still under review by that department.Approval from the Health Department must be granted before Planning can give final approval to the proposed family subdivision plat. 1 If you have any questions or concerns, please let me know. Best regards, Andy Avtidrew Re t Zb h' Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 From:George Batten<gpb2c@virginia.edu> Sent:Wednesday,October 24, 2018 2:49 PM To:Andy Reitelbach<mreitelbach@albemarle.org> Subject: Batten family subdivision application Hi Andrew, Bob Coleman mentioned that our family subdivision application had been assigned to you within Community Development. I haven't heard anything from the county yet regarding the application, so I wanted to check in on its status and see if there is anything else needed on my end so far. Thanks for your help, ' George Batten 2 COUNTY OF ALBEMARLE of Department Community Development 8. U=� Planning Services Division x. +4 ,7 401 McIntire Road North Wing• Charlottesville,Virginia 22902-4596 Phone: (434)296-5823 •Fax: (434)972-4035 Transmittal From: Andy Reitelbach Date: 09/10/18 • To: OAdam Moore-VDOT 0 0 0 0 0 0 0 0 0 JOB#/FILE NAME:SUB-2018-00152 Batten Family Division We are sending you the following items: ® Attached or ❑ Under separate cover ❑ Copy of Letter ❑ Prints ❑ Plans • Plats ❑ Specifications ❑ Other #of Date Description Copies 1 8/3/18 Copy of Family Division plat for review These are transmitted as checked below: ® For review and comments ® For approval ❑ Other Remarks: Please review the attached subdivision plat for compliance with County and/or state code, including VDOT entranceway requirements. The plat is proposing a new private road off of Scottsville Road (Route 20) that will serve multiple parcels. Comments are due in City View or email by: 10/01/18 Signature: Andy Reitelbach of �� 419.1M. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 September 10, 2018 Josh Kirtley Virginia Department of Health 1138 Rose Hill Drive Charlottesville,VA 22906 RE: SUB2018-00152 Batten Family Division Dear Mr. Kirtley: The County of Albemarle has received an application for a Family Subdivision Plat involving Tax Map Parcel 91-19 and proposed new Parcels"A"and`B".This project requires Health Department approval before receiving final County approval. The applicant has provided the following for Health Department review: • One(1)family division plat(Sheets 1 and 2)(dated 8/3/2018);and • Three(3)OSE/PE Reports for Subdivision Approval(dated 8/20/2018),with one report for each of the three lots(Residue Lot,Parcel"A",and Parcel`B"). Please review the proposals for suitable subsurface drainfields which comply with the provisions of Chapter 18, Sections 4.2.2,4.2.3,4.2.4,and Chapter 14, Sections 14-309, 14-310,and 14-416 of the Albemarle County Code. Your review comments on the subdivision plat(and corresponding soils reports)are requested by email and/or in County View by October 1,2018. Should you have any questions,requests for assistance,or topics of discussion, please feel free to contact me. Thank you for your assistance. Sincerely, Andy Reitelbach Senior Planner I Department of Community Development areitelbach@albemarle.org (434)296-5832 ext.3261