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HomeMy WebLinkAboutSUB201900026 Correspondence 2019-06-11 Andy Reitelbach From: Andy Herrick Sent: Tuesday, June 11, 2019 10:38 AM To: Andy Reitelbach Subject: RE: Private Street Maintenance Agreement documents - 3 subdivisions Andy, I'm not sure why the declarations would need to be signed by both the owners and their attorney-in-fact, but otherwise, all three declarations should suffice. Thanks for checking. Andy Herrick Deputy County Attorney Notice:This email may contain attorney-client privileged information,privileged work product,or other confidential information.It is intended only for the designated recipient.If you receive this message and are not a designated recipient you are requested to delete this message inmrediatcly and notify me that you have received this by mistake.Thank you. From: Andy Reitelbach Sent: Monday,June 3, 2019 6:12 PM To: Andy Herrick<aherrick@albemarle.org> Subject: Private Street Maintenance Agreement documents- 3 subdivisions Good afternoon Andy, Please find attached plats and proposed private street maintenance agreements for three (3) separate subdivision plats, with a proposed private street serving each plat. The plats are all coming in together because the three existing parcels are all adjacent to one another and under the same ownership, but each plat is a separate two-lot subdivision. The applications are: 1) SUB2019-00026 TMP 56-30 2) SUB2019-00027 TMP 56-32B 3) SUB2019-00028 TMP 56-31 If you have any questions or need additional information, please let me know. Best regards, Andy A vt,drew Reitelba,civ Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville, VA 22902 areitelbach@albemarle.org 1 434.296.5832 x3261 2 rii x��v�2iliu" COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Date: June 3, 2019 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: County Attorney Review of Private Street Maintenance Agreements Project Name: SUB201900026,SUB201900027,& SUB201900028-TMPs 56-30,56-32B,and 56-31 Dear Mr.Herrick: The applicant has prepared and submitted three(3)separate Private Street Maintenance Agreements for the three above-named projects. (Although these three plats are separate two-lot division plats, each with its own proposed private street,the three existing parcels are adjacent to each other and under common ownership,which is why they have come in together.)I have also included copies of the plat for each proposed subdivision. Please review these documents for the private streets serving each separate subdivision. Should you have any questions or comments,please feel free to contact me. Sincerely, 1� �WV" 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 Andy Reitelbach From: Andy Reitelbach Sent: Thursday,June 20, 2019 12:37 PM To: Kris Winters Cc: Mark Macdonald Subject: RE: 2nd Review - SUB2019-026, -027, and -028 -TMPs 56-30, 32B, and 31 Good afternoon Kris, Yes, providing this information that the shed has been demolished is sufficient for addressing that comment. It appears that all comments have now been addressed for each of the three subdivision plats. Thanks, Andy Andrew Re zibach, Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 From: Kris Winters<Kwinters@roudabush.com> Sent:Tuesday,June 18, 2019 11:53 AM To: Andy Reitelbach<mreitelbach@albemarle.org> Cc: Mark Macdonald <mark@corecville.com> Subject: RE: 2nd Review-SUB2019-026, -027, and -028-TMPs 56-30, 32B, and 31 Andy, We can confirm the shed has been demolished. I had one of our crews go out to the site and make this observation. Will this suffice to satisfy the County? Thanks. Kris Kristopher C. Winters, LS Roudabush, Gale and Associates 914 Monticello Road Charlottesville, Virginia 22902 434-977-0205 434-296-5220 fax www.roudabush.corn i From:Andy Reitelbach [mailto:mreitelbach@albemarle.org] Sent:Tuesday,June 18, 2019 11:47 AM To: Kris Winters<Kwinters@roudabush.com> Cc: Mark Macdonald <mark@corecville.com> Subject: 2nd Review-SUB2019-026, -027, and -028-TMPs 56-30, 32B, and 31 Good morning Kris, It appears that all outstanding comments have been addressed for SUB2019-00027 and SUB2019-00028; however,for SUB2019-00026,there is a frame shed shown on the BLA plat that was recorded earlier this year that is not shown on this subdivision plat. Show and label this shed on SUB2019-00026.You can provide me with a PDF version when that revision is made, rather than a hard copy,for me to review. Once that revision has been adequately addressed,the subdivision plats and private street maintenance agreements can be signed and notarized, and submitted to CDD for signature by the Agent of the Board of Supervisors. If you have any questions or concerns, please do not hesitate to contact me. Best regards, Andy Andrew Rei iba' Senior Planner Albemarle County Community Development Department 401 McIntire Road Charlottesville,VA 22902 areitelbach@albemarle.org 434.296.5832 x3261 2 le\ e ROUDABUSH, GALE & ASSOCIATES, INC. A A PROFESSIONAL CORPORATION g p LAND SURVEYING Serving Virginia Since 1956 ENGINEERING LAND PLANNING ENGINEERING DEPARTMENT SURVEY DEPARTMENT 172 SOUTH PANTOPS DRIVE,STE.A 914 MONTICELLO ROAD JIM L.TAGGAR'I'.P.E. CHARLOTTESVILLE,VA 22911 CHARLOTTESVILLE.VA 22902 WILLIAM J.LEDBETTER.L.S. DON FRANCO.P.E. PHONE(434)979-8121 PHONE(434)977-0205 BRIAN D.JAMISON.L.S. DAVID M.ROBINSON,P.E. FAX(434)979-1681 FAX(434)296-5220 KRISTOPHER C.WINTERS,L.S. AMMY M.GEORGE,PLA INFO@ROUDABUSH.COM TO: Andrew Reitelbach, Senior Planner DATE: 5/15/2019 Department of Community Development JOB #: 8704 Albemarle County,VA PROD: SUB201900026, SUB201900027 & SUB201900028 X Attached Under separate cover via the following items: #of Copies Date Job # Description 2 4/26/19 8704 TMP 56-32B SUBDIVISION PLAT (4 SHEETS) 2 4/29/19 8704 TMP 56-30 SUBDIVISION PLAT (4 SHEETS) 2 4/30/19 8704 TMP 56-31 SUBDIVISION PLAT (4 SHEETS) These are transmitted as checked below: For Approval/Signature _For your use _Please return _As requested _Resubmitted w/revisions x Review/Comment _For Bids due Other REMARKS: RECEIVED MAY 1 5 2n19 COMMUNITY DEVELOPMENT SIGNED: Kr&stop1i r C. W i vtte r', LS COPY TO: If enclosures are not as noted, kindly notify us at once. .4r17)17t 141c] COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 March 5, 2019 Josh Kirtley Virginia Department of Health 1138 Rose Hill Drive Charlottesville,VA 22906 RE: SUB201900026 TMP 56-30—Final Plat(Two-Lot Subdivision) Dear Mr. Kirtley: The County of Albemarle has received an application for a Two-Lot Subdivision involving Tax Map Parcel 56-30, with proposed new lots 1 and 2.This project requires Health Department approval before receiving final County approval. The applicant has provided the following for Health Department review: • One(1)final subdivision plat(dated 01/28/2019); • One(1)VDH Application for Subdivision Review(dated 03/02/2019); and • Two(2)OSE/PE Reports for Subdivision Approval(dated 03/02/2019). 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 March 29,2019. Should you have any questions,requests for assistance, or topics of discussion, please feel free to contact me. Thank you for your assistance. Sincerel Andy eitelbach Senior Planner I Department of Community Development mreitelbach@albemarle.org (434)296-5832 ext. 3261 COUNTY OF ALBEMARLE of A Department Community Development t1®_i Planning Services Division 4$11 ,; 401 McIntire Road North Wing• Charlottesville,Virginia 22902-4596 v„nP Phone: (434) 296-5823 • Fax: (434)972-4035 Transmittal From:.Andy Reitelbach i Date: 02/22/19 To: OAdam Moore-VDOT 0 0 0 0 0 0 0 0 0 JOB #/FILE NAME:SUB-2019-00026 TMP 56-30 - Final Plat 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 1/28/19 Copy of Subdivision Plat for review These are transmitted as checked below: ® For review and comments ® For approval ❑ Other Remarks: Please review the attached two-lot subdivision for compliance with VDOT standards and regulations, especially regarding entrances off of a major rural street. Comments are due in City View or email by: 03/18/19 Signature: Andy Reitelbach EXHIBIT A ROAD MAINTENANCE AGREEMENT FORM THIS DEED OF EASEMENT AND PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day of , 20_, by , Grantor(s) whose address is and , Grantee(s) whose address is WHEREAS, NAME1 and NAME2 are current record owners of two adjoining parcels of land located in County, Virginia, to wit: NAMEI is the owner of TMP and NAME2 is the owner of TMP WHEREAS, as shown on the plat of survey prepared by dated attached hereto and recorded herewith [recorded in the Clerk's Office of the Circuit Court of County in Deed Book _, Page _ ](the "Plat"), a Driveway providing access from Driveway to properties of NAMEI and NAME2 lies along the boundary of the properties;and WHEREAS, the Parties desire to enter into this agreement in order to establish a non- exclusive, limited-use easement for ingress and egress, and further wish to determine the terms of responsibility for the maintenance,repair,upkeep and landscaping of said Driveway. NOW, THEREFORE, for and in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, the receipt of which is hereby acknowledged, the NAME] does hereby GRANT AND CONVEY to the NAME2 a limited, non-exclusive access easement along the Driveway as it now lies [shown on the Plat as ] subject to the following terms and conditions: 1) The Easement created hereby shall be feet (_') in total width, _feet(_') from the centerline along the courses and distances as shown on the attached Plat; 2) The parties hereby agree on behalf of themselves, their heirs, personal representatives, successors and assigns, to maintain a one (I) lane gravel Driveway along the Easement created hereby and to perform repairs including but not limited to adding stone, clearing obstructions, grading or scraping the Driveway as necessary, replacing, cleaning or recutting ditches as necessary, trimming brush along the roadside, removing snow, unplugging or replacing culverts or drainpipes, and performing any and all other necessary work required to maintain the Driveway in a condition that will allow for reasonable and safe passage by normal two-wheel-drive passenger vehicles; 3) Either party may initiate repairs or maintenance by first informing the other party in writing of their intention and the extent of the work sought. If no objection is received within fourteen (14) days of such notice, then the initiating party may proceed with the work. However, no such notice for initiating snow removal or removal of impassable obstructions 10 shall be required. Each party shall pay their share of the costs to the contractor and/or materialman prior to the payment due date specified on any bill for work or materials. If agreement cannot be reached as to the need for maintenance and repairs, then the party desiring the work may proceed to enforce these covenants at law or in equity, with all costs and reasonable attorney's fees incurred therein to be awarded to the prevailing party; 4) The parties hereby grants the other a temporary construction easement across the parcel owned by such party necessary for maintaining, repairing, or upgrading the Driveway, as provided for in this Deed; 5) There shall be a continuing lien upon each parcel having the right to use said Driveway to secure the payment of charges herein provided for Driveway maintenance and repairs, but such liens shall at all times be subject and inferior to any first or second Deeds of Trust placed on such parcel until notice of such lien shall have been recorded. If the pro rata share of the cost of maintenance or repairs due hereunder is not paid by the owner of a parcel when due, a Notice of such nonpayment may be recorded by the parties or by the person or corporation providing such maintenance or repairs in the Clerk's Office of the Circuit Court of County, Virginia, and from the time of such recordation, the amount stated in such notice, together with interest, costs, and reasonable attorney's fees, shall become a lien prior to any Deeds of Trust recorded subsequently to the recording of such Notice; 6) The Driveway which is the subject of this Deed is not dedicated to public use. Each party expressly acknowledges and agrees that said Driveway will not be maintained by the County authorities or by the Virginia Department of Transportation; 7) The covenants set forth in this Deed shall run with the lands described above and owned by the parties hereto and shall be binding on the heirs, personal representatives, successors and assigns of the parties hereto;and 8) This Deed contains the entire agreement between the parties hereto and shall be construed and interpreted according to the laws of the Commonwealth of Virginia. This conveyance is made expressly subject to all matters shown on the attached plat and easements, restrictions, conditions, and reservations contained in duly recorded deeds, plats, and other instruments constituting constructive notice in the chain of title to the property hereby conveyed, which have not expired by limitation of time contained therein or have not otherwise become ineffective. [add signature pages] 11 ROUDABUSH, GALE & ASSOCIATE t,, INC. A PROFESSIONAL CORPORATION 8 P LAND SURVEYING Serving Virginia Since 1956 ENGINEERING LAND PLANNING ENGINEERING DEPARTMENT SURVEY DEPARTMENT 172 SOUTH PANTOPS DRIVE,STE.A 914 MONTICELLO ROAD JIM L.TAGGART,P.E. CHARLOTTESVILLE,VA 22911 CI IARLOTTESVILLE,VA 22902 WILLIAM J.LEDBETTER,L.S. DON FRANCO.P.E. PHONE(434)979-8121 PI IONE(434)977-0205 BRIAN D.JAMISON,L.S. DAVID M.ROBINSON,P.E. FAX(434)979-1681 FAX(434)296-5220 KRISTOPIIER C.WINTERS.L.S. AMMY M.GEORGE,PLA INFO c ROUDABUSH.COM TO: Albemarle County DATE: 2/14/2019 Department of Community Development JOB #: 8704 PROJ: TMP 56-30 2 Lot Division X Attached Under separate cover via the following items: # of Copies Date Job # Description 1 2/14/2019 8704 Subdivision Application 1 2/14/2019 8704 Fee Check 5 1/28/2019 8704 Subdivision Plat (3 Sheets) These are transmitted as checked below: X For Approval/Signature _For your use _Please return _As requested _Resubmitted w/revisions _Review/Comment _For Bids due Other REMARKS: SIGNED: KrbStCpheAt C. W ts'lterk, LS COPY TO: If enclosures are not as noted,kindly notify us at once. RECEIVED' FEB 1 4 2019 COMMUNITY DEVELOPMENT