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HomeMy WebLinkAboutSUB201900152 Correspondence 2019-11-05 (2)Patricia "Paty" Saternye From: Patricia Saternye Sent: Tuesday, November 5, 2019 3:45 PM To: purcellpractice@aol.com; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: RE: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, SUB2019-152 Perkins - Family division has been approved. Two copies of the signed/original/approved plats are at the Community Development front desk, under Mr. Perkins & Mr. Kildoo's names, for pickup. I've also included a copy of the affidavit, since I added the subdivision review project number at the bottom in the space for that information. Please let me know if you have any questions. Please also remember that all of the legal documents (declaration of family division, private street maintenance agreement & deed of gift) must be recorded with the plat. Thank you, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Monday, November 4, 2019 2:11 PM To: Patricia Saternye <psaternye@albemarle.org>; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Hi Paty, Attached is a copy of the Affidavit that has been signed by Mr. and Mrs. Perkins. I believe they are going to deliver the original to your office. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax p urcellpracticeCD aol. com -----Original Message ----- From: Patricia Saternye <psaternve(rDalbemarle.org> To: purcellpractice(cDaol.com <purcellpractice(aiaol.com>; cperkins(cb_centurylink.net <cperkins(rDcenturylink.net> Cc: chamberslandsurveying(rDvahoo.com<chamberslandsurveying(rDvahoo.com> Sent: Mon, Oct 28, 2019 8:41 am Subject: RE: SUB2019-152 Perkins - Family division Thank you for letting me know. Paty Saternye Senior Planner Community Development AiNk Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve(cbalbemarle.org www.albemarle.org From: purcellpracticeaaol.com <purcellpractice((Daol.com> Sent: Thursday, October 24, 2019 5:50 PM To: Patricia Saternye <psaternye(aialbemarle.org>; cperkinso_centurylink.net Cc: chamberslandsurveying(rDvahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mr. and Mrs. Perkins are out of the country for several weeks, but I will make arrangements to have them sign the affidavit when they return. Thanks, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@ aol. com -----Original Message ----- From: Patricia Saternye <psaternve(c)albemarle.org> To: purcellpractice(cDaol.com <purcellpracticenaol.com>; cperkins(cbcenturylink.net <cperkins(cbcenturylink.net> Cc: chamberslandsurveying(rDvahoo.com<chamberslandsurveyingCrDvahoo.com> Sent: Wed, Oct 23, 2019 2:06 pm Subject: RE: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Good afternoon. After consultation with the Count Attorneys office and other planning staff it has been decided that the affidavit you submitted does not meet the requirements. Please use the affidavit that is attached. Because you have two owners you will have to find room for each owners name and signature. Please execute the affidavit and then submit it to me. Once that is done the process can move forward. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve(o) al be marle. org www.albemarle.ora From: purcellpracticenaol.com <purcellpractice(rDaol.com> Sent: Wednesday, October 16, 2019 11:47 PM To: Patricia Saternye <psaternve(aialbemarle.org>; cperkinso_centurylink.net Cc: chamberslandsurveying(rDvahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(cDaol. com -----Original Message ----- From: Patricia Saternye <psatemyeCcDalbemarle.org> To: purcellpracticeCa)aol.com <purcellpractice(cDaol.com>; Connie Perkins <cperkins(a)centurylink.net> Cc: Bryan Chambers<chamberslandsurveying(cDVahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development on..�,z Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyena.al bemarle. org www.albemarle.org From: Patricia Saternye <psatemye(cDalbemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpracticena.aol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval. Also, those comments were provided on August 2, 2018 That is over a year ago and submissions are automatically considered "withdrawn for inactivity' after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf' was the document attached to Mr. Chamber's email. So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development Vy l r Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyena.al bemarle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to TO'New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purce1lpractice(5aol.com> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice(cDaol. com From: purcellpractice(cDaol.com <purcellpractice(7o.aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psaternye(cDalbemarle.orq> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(cDaol. corn Patricia "Paty" Saternye From: Patricia Saternye Sent: Tuesday, November 5, 2019 3:45 PM To: purcellpractice@aol.com; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: RE: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, SUB2019-152 Perkins - Family division has been approved. Two copies of the signed/original/approved plats are at the Community Development front desk, under Mr. Perkins & Mr. Kildoo's names, for pickup. I've also included a copy of the affidavit, since I added the subdivision review project number at the bottom in the space for that information. Please let me know if you have any questions. Please also remember that all of the legal documents (declaration of family division, private street maintenance agreement & deed of gift) must be recorded with the plat. Thank you, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Monday, November 4, 2019 2:11 PM To: Patricia Saternye <psaternye@albemarle.org>; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Hi Paty, Attached is a copy of the Affidavit that has been signed by Mr. and Mrs. Perkins. I believe they are going to deliver the original to your office. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax p urcellpractice (cD aol. com -----Original Message ----- From: Patricia Saternye <psaternve(rDalbemarle.org> To: purcellpractice(cDaol.com <purcellpractice(aiaol.com>; cperkins(cb_centurylink.net <cperkins(rDcenturylink.net> Cc: chamberslandsurveying(rDvahoo.com<chamberslandsurveying(rDvahoo.com> Sent: Mon, Oct 28, 2019 8:41 am Subject: RE: SUB2019-152 Perkins - Family division Thank you for letting me know. Paty Saternye Senior Planner Community Development a` Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve(cbalbemarle.org www.albemarle.org From: purcellpracticeaaol.com <purcellpractice((Daol.com> Sent: Thursday, October 24, 2019 5:50 PM To: Patricia Saternye <psaternye(aialbemarle.org>; cperkinso_centurylink.net Cc: chamberslandsurveying(rDvahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mr. and Mrs. Perkins are out of the country for several weeks, but I will make arrangements to have them sign the affidavit when they return. Thanks, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@ aol. com -----Original Message ----- From: Patricia Saternye <psaternve(c)albemarle.org> To: purcellpractice(cDaol.com <purcellpracticenaol.com>; cperkins(cbcenturylink.net <cperkins(cbcenturylink.net> Cc: chamberslandsurveying(rDvahoo.com<chamberslandsurveyingCrDvahoo.com> Sent: Wed, Oct 23, 2019 2:06 pm Subject: RE: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Good afternoon. After consultation with the Count Attorneys office and other planning staff it has been decided that the affidavit you submitted does not meet the requirements. Please use the affidavit that is attached. Because you have two owners you will have to find room for each owners name and signature. Please execute the affidavit and then submit it to me. Once that is done the process can move forward. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve(o) al be marle. org www.albemarle.ora From: purcellpracticenaol.com <purcellpractice(rDaol.com> Sent: Wednesday, October 16, 2019 11:47 PM To: Patricia Saternye <psaternve(aialbemarle.org>; cperkinso_centurylink.net Cc: chamberslandsurveying(rDvahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(W aol.com -----Original Message ----- From: Patricia Saternye <psaternve(cDalbemarle.org> To: purcellpractice(cDaol.com <purcellpractice(aiaol.com>; Connie Perkins <cperkinsocenturylink.net> Cc: Bryan Chambers<chamberslandsurveying(cilvahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development ym Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyeo_al be marle. org www.albemarle.org From: Patricia Saternye <psaternveoalbemarle.orq> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpracticeo_aol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval. Also, those comments were provided on August 2, 2018 10 That is over a year ago and submissions are automatically considered "withdrawn for inactivity' after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf' was the document attached to Mr. Chamber's email. So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development Vy l r Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyena.al bemarle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to TO'New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purce1lpractice(5aol.com> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue 11 Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice(cDaol. com From: purcellpractice(cDaol.com <purcellpractice(7o.aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psaternye(cDalbemarle.orq> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(cDaol. corn 12 Patricia "Paty" Saternye From: purcellpractice@aol.com Sent: Monday, November 4, 2019 2:11 PM To: Patricia Saternye; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division Attachments: 2019.11.04_Affidavit.pdf 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. Hi Paty, Attached is a copy of the Affidavit that has been signed by Mr. and Mrs. Perkins. I believe they are going to deliver the original to your office. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@aol. corn -----Original Message ----- From: Patricia Saternye <psaternye@albemarle.org> To: purcellpractice@aol.com <purcellpractice@aol.com>; cperkins@centurylink.net <cperkins@centurylink. net> Cc: chamberslandsurveying@yahoo.com<chamberslandsurveying@yahoo.com> Sent: Mon, Oct 28, 2019 8:41 am Subject: RE: SUB2019-152 Perkins - Family division Thank you for letting me know. Paty Saternye Senior Planner Community Development r `�R41N� Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyena.al bemarle. org 13 www.albemarle.or From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Thursday, October 24, 2019 5:50 PM To: Patricia Saternye <psaternye@albemarle.org>; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mr. and Mrs. Perkins are out of the country for several weeks, but I will make arrangements to have them sign the affidavit when they return. Thanks, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@aol. com -----Original Message ----- From: Patricia Saternye <psatemyeCWalbemarle.org> To: purcellpractice(&aol.com <purcellpractice(cDaol.com>; cperkinsno.centurylink. net <cperkinsno.centurylink. net> Cc: chamberslandsurvevinqCcDyahoo.com <chamberslandsurvevinqC)o.yahoo.com> Sent: Wed, Oct 23, 2019 2:06 pm Subject: RE: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Good afternoon. After consultation with the Count Attorneys office and other planning staff it has been decided that the affidavit you submitted does not meet the requirements. Please use the affidavit that is attached. Because you have two owners you will have to find room for each owners name and signature. Please execute the affidavit and then submit it to me. Once that is done the process can move forward. Thanks, Paty Saternye Senior Planner Community Development 1 /d I' f�P JRoi - Albemarle County 401 McIntire Road 14 Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye(cDal bemarle. org www.albemarle.org From: purcellpractice(cDaol.com <purcellpractice(a)aol.com> Sent: Wednesday, October 16, 2019 11:47 PM To: Patricia Saternye <psatemye(cDalbemarle.org>; cperkins(cDcenturylink.net Cc: chamberslandsurvevinq(cDyahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(cDaol. com -----Original Message ----- From: Patricia Saternye <psatemye(cDalbemarle.org> To: purcellpractice(&aol.com <purcellpractice(cDaol.com>; Connie Perkins <cperkins(cDcenturylink.net> Cc: Bryan Chambers<chamberslandsurveyingna.yahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development is Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye(iil al be marle. org www.albemarle.org From: Patricia Saternye <psaternve(cDalbemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpracticeCOaol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered `Withdrawn for inactivity" after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf was the document attached to Mr. Chamber's email So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development a ,�/R41M�n1 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 16 psaternye(cDal bemarle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to TO'New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purce1lpractice(5aol.com> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice(@aol. com From: purcellpractice(a)aol.com <purcellpractice(a)aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psatemye(a)albemarle.org> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue 17 Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpracticeCD_aoi.com 18 Patricia "Paty" Saternye From: purcellpractice@aol.com Sent: Monday, November 4, 2019 2:11 PM To: Patricia Saternye; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division Attachments: 2019.11.04_Affidavit.pdf 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. Hi Paty, Attached is a copy of the Affidavit that has been signed by Mr. and Mrs. Perkins. I believe they are going to deliver the original to your office. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@aol. corn -----Original Message ----- From: Patricia Saternye <psaternye@albemarle.org> To: purcellpractice@aol.com <purcellpractice@aol.com>; cperkins@centurylink.net <cperkins@centurylink. net> Cc: chamberslandsurveying@yahoo.com<chamberslandsurveying@yahoo.com> Sent: Mon, Oct 28, 2019 8:41 am Subject: RE: SUB2019-152 Perkins - Family division Thank you for letting me know. Paty Saternye Senior Planner Community Development r `�R41N� Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyena.al bemarle. org 19 www.albemarle.or From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Thursday, October 24, 2019 5:50 PM To: Patricia Saternye <psaternye@albemarle.org>; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mr. and Mrs. Perkins are out of the country for several weeks, but I will make arrangements to have them sign the affidavit when they return. Thanks, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@aol. com -----Original Message ----- From: Patricia Saternye <psatemyeCWalbemarle.org> To: purcellpractice(&aol.com <purcellpractice(cDaol.com>; cperkinsno.centurylink. net <cperkinsno.centurylink. net> Cc: chamberslandsurvevinqCcDyahoo.com <chamberslandsurvevinqC)o.yahoo.com> Sent: Wed, Oct 23, 2019 2:06 pm Subject: RE: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Good afternoon. After consultation with the Count Attorneys office and other planning staff it has been decided that the affidavit you submitted does not meet the requirements. Please use the affidavit that is attached. Because you have two owners you will have to find room for each owners name and signature. Please execute the affidavit and then submit it to me. Once that is done the process can move forward. Thanks, Paty Saternye Senior Planner Community Development 1 /d I' f�P JRoi - Albemarle County 401 McIntire Road 20 Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye(cDal bemarle. org www.albemarle.org From: purcellpractice(cDaol.com <purcellpractice(a)aol.com> Sent: Wednesday, October 16, 2019 11:47 PM To: Patricia Saternye <psatemye(cDalbemarle.org>; cperkins(cDcenturylink.net Cc: chamberslandsurvevinq(cDyahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(cDaol. com -----Original Message ----- From: Patricia Saternye <psatemye(cDalbemarle.org> To: purcellpractice(&aol.com <purcellpractice(cDaol.com>; Connie Perkins <cperkins(cDcenturylink.net> Cc: Bryan Chambers<chamberslandsurveyingna.yahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development 21 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye(iil al be marle. org www.albemarle.org From: Patricia Saternye <psaternve(cDalbemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpracticeCOaol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered `Withdrawn for inactivity" after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf was the document attached to Mr. Chamber's email So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development a ,�/R41M�n1 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 22 psaternye(cDal bemarle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to TO'New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purce1lpractice(5aol.com> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice(@aol. com From: purcellpractice(a)aol.com <purcellpractice(a)aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psatemye(a)albemarle.org> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue 23 Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpracticeCD_aoi.com 24 Patricia "Paty" Saternye From: Patricia Saternye Sent: Monday, October 28, 2019 8:42 AM To: purcellpractice@aol.com; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: RE: SUB2019-152 Perkins - Family division Thank you for letting me know. Paty Saternye Senior Planner Community Development y of =4 U Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Thursday, October 24, 2019 5:50 PM To: Patricia Saternye <psaternye@albemarle.org>; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mr. and Mrs. Perkins are out of the country for several weeks, but I will make arrangements to have them sign the affidavit when they return. Thanks, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax 25 purcellpractice@aol. com -----Original Message ----- From: Patricia Saternye <psatemye(cDalbemarle.org> To: purcellpractice(rDaol.com <purcellpracticenaol.com>; cperkins(cbcenturylink.net <cperkins(cbcenturylink.net> Cc: chamberslandsurveying(cDvahoo.com<chamberslandsurveying(rDvahoo.com> Sent: Wed, Oct 23, 2019 2:06 pm Subject: RE: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Good afternoon. After consultation with the Count Attorneys office and other planning staff it has been decided that the affidavit you submitted does not meet the requirements. Please use the affidavit that is attached. Because you have two owners you will have to find room for each owners name and signature. Please execute the affidavit and then submit it to me. Once that is done the process can move forward. Thanks, Paty Saternye Senior Planner Community Development 4� y> fJ � `��141M�� Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve(o) al be marle. org www.albemarle.org From: purcellpractice(aZaol.com <purcellpractice(rDlaol.com> Sent: Wednesday, October 16, 2019 11:47 PM To: Patricia Saternye <psaternye(aialbemarle.org>; cperkins(d_)centurvlink.net Cc: chamberslandsurveying(cDvahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax p urcellpractice (rD aol. com 26 -----Original Message ----- From: Patricia Saternye <psaternve(cDalbemarle.org> To: purcellpractice(cDaol.com <purcellpractice(aiaol.com>; Connie Perkins <cperkinsocenturylink.net> Cc: Bryan Chambers<chamberslandsurveying(b_vahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development ym Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyeo_al be marle. org www.albemarle.org From: Patricia Saternye <psaternve(rDalbemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpracticeo__aol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval. Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered `Withdrawn for inactivity" after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. 27 In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf' was the document attached to Mr. Chamber's email. So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development Vy l r Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyena.al bemarle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to TO'New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purce1lpractice(5aol.com> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice(cb aol. com 28 From: purcellpractice(cDaol.com <purcellpractice(7o.aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psaternye(cDalbemarle.orq> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(cDaol. corn 29 Patricia "Paty" Saternye From: purcellpractice@aol.com Sent: Thursday, October 24, 2019 5:50 PM To: Patricia Saternye; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mr. and Mrs. Perkins are out of the country for several weeks, but I will make arrangements to have them sign the affidavit when they return. Thanks, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@aol. corn -----Original Message ----- From: Patricia Saternye <psaternye@albemarle.org> To: purcellpractice@aol.com <purcellpractice@aol.com>; cperkins@centurylink.net <cperkins@centurylink. net> Cc: chamberslandsurveying@yahoo.com<chamberslandsurveying@yahoo.com> Sent: Wed, Oct 23, 2019 2:06 pm Subject: RE: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Good afternoon. After consultation with the Count Attorneys office and other planning staff it has been decided that the affidavit you submitted does not meet the requirements. Please use the affidavit that is attached. Because you have two owners you will have to find roam for each owners name and signature. Please execute the affidavit and then submit it to me. Once that is done the process can move forward. Thanks, Paty Saternye Senior Planner Community Development 30 AAK Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve(cbalbemarle.org www.albemarle.org From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Wednesday, October 16, 2019 11:47 PM To: Patricia Saternye <psaternye@albemarle.org>; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax p urcellpractice (M aol. com -----Original Message ----- From: Patricia Saternye <psaternve(cDalbemarle.org> To: purcellpractice(cDaol.com <purcellpractice(aiaol.com>; Connie Perkins <cperkinsocenturylink.net> Cc: Bryan Chambers<chamberslandsurveying(rDvahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, 31 Paty Saternye Senior Planner Community Development 1 /d L I Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyena.al bemarle. org www.albemarle.org From: Patricia Saternye <psaternyeCWalbemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpracticena.aol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered "withdrawn for inactivity' after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf' was the document attached to Mr. Chamber's email. So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development S L 1 �� Albemarle County 401 McIntire Road 32 Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyeno.al bemarle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to TO'New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. 1'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purcellpractice(d)aol.com> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcelloractice(cD.aol. com From: purcellpractice(a)aol.com <purcellpracticeno.aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psatemye(cDalbemarle.org> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney 33 Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@ aol. com 34 Patricia "Paty" Saternye From: Patricia Saternye Sent: Wednesday, October 23, 2019 2:07 PM To: purcellpractice@aol.com; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: RE: SUB2019-152 Perkins - Family division Attachments: Family_Subdivision_Verification_Affidavit.pdf Ms. Perkins and Mr. Kildoo, Good afternoon. After consultation with the Count Attorneys office and other planning staff it has been decided that the affidavit you submitted does not meet the requirements. Please use the affidavit that is attached. Because you have two owners you will have to find room for each owners name and signature. Please execute the affidavit and then submit it to me. Once that is done the process can move forward. Thanks, Paty Saternye Senior Planner Community Development ;4 U ��Rc to Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.or¢ www.albemarle.org From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Wednesday, October 16, 2019 11:47 PM To: Patricia Saternye <psaternye@albemarle.org>; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mike Charles F. Purcell, Attorney 35 Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(W aol.com -----Original Message ----- From: Patricia Saternye <psaternve(cDalbemarle.org> To: purcellpractice(cDaol.com <purcellpractice0aol.com>; Connie Perkins <cperkinsocenturylink.net> Cc: Bryan Chambers<chamberslandsurveying(cilvahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development y of u �a�ieuiN.n�. Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye(r]1 al be marle. orq www.albemarle.org From: Patricia Saternye <psaternve(cDalbemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpractice(rDaol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers 36 There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered "withdrawn for inactivity' after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf was the document attached to Mr. Chamber's email So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development .a a °ay�tu e^*s Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye(D al be marle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to "20' New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. 17l either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purce1l1)ractice(5aol.com> wrote: Got it. Thanks Bryan. Mike 37 Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice@ aol. corn From: purcellpractice(a)aol.com <purcellpracticeno.aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psaternye(a)albemarle.org> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax p urcellpractice (rD aol. com 38 Patricia "Paty" Saternye From: Bryan Chambers <chamberslandsurveying@yahoo.com> Sent: Thursday, October 17, 2019 7:23 PM To: Patricia Saternye; cperkins@centurylink.net, purcellpractice@aol.com Subject: Re: SUB2019-152 Perkins - Family division 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. Please let me know if I can assist in any way. Thanks, Bryan Chambers Chambers Land Surveying 253 Willow Drive Keswick VA 22947 434-589-5139 (o) 434-962-3746 (c) chamberslandsurveying@yahoo.com On Wednesday, October 16, 2019, 11:47:22 PM EDT, purcellpractice@aol.com <purcellpractice@aol.com> wrote: Thanks Paty. 18113'a Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcelipractice@aol.com -----Original Message ----- From: Patricia Saternye <psaternye@albemarle.org> To: purcellpractice@aol.com <purcellpractice@aol.com>; Connie Perkins <cperkins@centurylink.net> Cc: Bryan Chambers<chamberslandsurveying@yahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. 39 As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development or e Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyeir]1 al be marle. org www.albemarle.org From: Patricia Saternye <psaternye@albemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpractice@aol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered "withdrawn for inactivity" after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf was the document attached to Mr. Chamber's email. So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, 0 Paty Saternye Senior Planner Community Development i �+i u Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyeir]1 al be marle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to "20' New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purcellpractice(DaoLcom> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax p urcellpractice 0 aol. com From: purcellpracticeaaol.com <purcellpracticeo_aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psaternveoalbemarle.orq> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. 41 Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(W aol.com 42 Patricia "Paty" Saternye From: Patricia Saternye Sent: Thursday, October 17, 2019 8:56 AM To: Megan Nedostup Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Thanks Megan v Paty Saternye Senior Planner Community Development pF ;4 U 1`��R41Y�*I. Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Megan Nedostup <mnedostup@albemarle.org> Sent: Thursday, October 17, 2019 8:51 AM To: Patricia Saternye <psaternye@albemarle.org> Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, Please let Andy know that the ordinance does require County Attorney review, see ordinance section 14-212 (partially copied here). The affidavit serves as the means by which we ensure that A and B are met. 43 Sec. 14-212 Family subdn-isions; conditions of approvaL Each approval of a plat for a family subdivision shall be subject to the follo«ing conditions: A. No lot may be created by family subdivision unless it has been owned by the cur. owner or a member of his or her immediate family for at least four (4) consecutive years immedia preceding the date the family subdivision plat is submitted under section 14-209. For the purposes of section, and subject to approval by the county attorney: 1. Land oNviied as part of a trust for estate planning purposes may be considere, be owned by the current o-%tiner or a member of his or her immediate family upon consideration of following factors: (i) the title to the real property is in the name of one or more of the trustees, (ii) if thei more than one trustee, the intended grantee is a qualifying member of each trustee's immediate family: if there is more than one trustee; all of the trustees aeree in %witing to the family subdivision; (iv) under trust instrument, the trustee(s) retain complete control over the trust assets; and (v) the trust instrun allows the trustee(s) to coney real property. 2. A lot created by family subdivision may be conveyed to the custodian < qualifying member of the immediate family under the Virginia Uniform Transfers to Minors Act (Virg Cade § 64.2-1900 et seq.) B. No lot created by the family subdivision; including the residue; may be transfer except by devise; descent or operation of law; to a person other than an eligible member of the immed family of the subdivider; for a period of four (4) years after the date of recordation of the plat, except purposes of securing any purchase money and/or construction loan, including bona fide refinancing, c the lending institution requires in .NTitik2 that the spouse of the member of the immediate family be a grantee and co-owner of the lot. The subdivider shall place a restrictive covenant on the lots created by family subdivision prohibiting the transfer of the lots so created to a person who is not a member of immediate family for the retention period after the date of recordation. The restrictive covenant shal subject to review and approval by the county attorney before it is recorded_ If the lot created is cone back to the grantor during the retention period; it shall be recombined with the parent lot iiithin six months after such conveyance and no building permits shall be issued for the lots until they recombined. C. The entrance of the principal means of access for each lot onto any public street s comply with Virginia Department of Transportation standards and be approved by the Virginia Departn of Transportation. Megan Nedostup, AICP (pronounced nuh-DAHST-up) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Patricia Saternye <psaternve@albemarle.ors> Sent: Wednesday, October 16, 2019 3:43 PM mm To: Megan Nedostup <mnedostuo@albemarle.ore> Subject: FW: SUB2019-152 Perkins Family division & affidavit of family relationship Megan, I wanted to touch base again in reference to the affidavit of family relationship that I mentioned to you earlier today. Andy got back with me very quickly. However, he also said (on the phone and then somewhat differently below) that it does not require County Attorney's office review since the affidavit is not mentioned in the ordinance. He said it is probably a subdivision agent issue and therefore I needed to ask others (like you or Bill) to see how to move forward. On the phone he said to ask others if we could accept it as submitted or not. In the email below, after the phone call, however he said, "ThouA the ordinance does riot require myreriew of the allidarit; the applicants should complete the County's standard aflidavi4 ifthatis part of the standard review process. " Is this something we can decide or should I wait until Bill is available tomorrow? ALSO, if we state they have to use the County's form, should I just have them add a second line for signatures manually? There are two owners. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andy Herrick <aherrick@albemarle.ora> Sent: Wednesday, October 16, 2019 2:29 PM To: Patricia Saternye <psaternve@albemarle.ore> Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, As we discussed, the proposed Declaration meets the requirements for County Attorney review under County Code S 14-212(B). Though the ordinance does not require my review of the affidavit, the applicants should complete the County s standard affidavit, if that is part of the standard review process. Thanks. Andy Herrick Deputy County Attorney 45 Notice: This email may contain atmtneyrc lent 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 immediately and notify me that you have received this by mistake. Thank you. From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org 0 Patricia "Paty" Saternye From: Megan Nedostup Sent: Thursday, October 17, 2019 8:51 AM To: Patricia Saternye Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, Please let Andy know that the ordinance does require County Attorney review, see ordinance section 14-212 (partially copied here). The affidavit serves as the means by which we ensure that A and B are met. 47 Sec. 14-212 Family subdn-isions; conditions of approvaL Each approval of a plat for a family subdivision shall be subject to the follo«ing conditions: A. No lot may be created by family subdivision unless it has been owned by the cur. owner or a member of his or her immediate family for at least four (4) consecutive years immedia preceding the date the family subdivision plat is submitted under section 14-209. For the purposes of section, and subject to approval by the county attorney: 1. Land oNviied as part of a trust for estate planning purposes may be considere, be owned by the current o-%tiner or a member of his or her immediate family upon consideration of following factors: (i) the title to the real property is in the name of one or more of the trustees, (ii) if thei more than one trustee, the intended grantee is a qualifying member of each trustee's immediate family: if there is more than one trustee; all of the trustees aeree in %witing to the family subdivision; (iv) under trust instrument, the trustee(s) retain complete control over the trust assets; and (v) the trust instrun allows the trustee(s) to coney real property. 2. A lot created by family subdivision may be conveyed to the custodian < qualifying member of the immediate family under the Virginia Uniform Transfers to Minors Act (Virg Cade § 64.2-1900 et seq.) B. No lot created by the family subdivision; including the residue; may be transfer except by devise; descent or operation of law; to a person other than an eligible member of the immed family of the subdivider; for a period of four (4) years after the date of recordation of the plat, except purposes of securing any purchase money and/or construction loan, including bona fide refinancing, c the lending institution requires in .NTitik2 that the spouse of the member of the immediate family be a grantee and co-owner of the lot. The subdivider shall place a restrictive covenant on the lots created by family subdivision prohibiting the transfer of the lots so created to a person who is not a member of immediate family for the retention period after the date of recordation. The restrictive covenant shal subject to review and approval by the county attorney before it is recorded_ If the lot created is cone back to the grantor during the retention period; it shall be recombined with the parent lot iiithin six months after such conveyance and no building permits shall be issued for the lots until they recombined. C. The entrance of the principal means of access for each lot onto any public street s comply with Virginia Department of Transportation standards and be approved by the Virginia Departn of Transportation. Megan Nedostup, AICP (pronounced nuh-DAHST-up) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 3:43 PM 48 To: Megan Nedostup <mnedostup@albemarle.org> Subject: FW: SUB2019-152 Perkins Family division & affidavit of family relationship Megan, I wanted to touch base again in reference to the affidavit of family relationship that I mentioned to you earlier today. Andy got back with me very quickly. However, he also said (on the phone and then somewhat differently below) that it does not require County Attorney's office review since the affidavit is not mentioned in the ordinance. He said it is probably a subdivision agent issue and therefore I needed to ask others (like you or Bill) to see how to move forward. On the phone he said to ask others if we could accept it as submitted or not. In the email below, after the phone call, however he said, "ThouA the ordinance does riot require myreriew of the allidarit; the applicants should complete the County's standard aflidavi4 ifthatis part of the standard review process. " Is this something we can decide or should I wait until Bill is available tomorrow? ALSO, if we state they have to use the County's form, should I just have them add a second line for signatures manually? There are two owners. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andy Herrick <aherrick@albemarle.ora> Sent: Wednesday, October 16, 2019 2:29 PM To: Patricia Saternye <psaternve@albemarle.ore> Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, As we discussed, the proposed Declaration meets the requirements for County Attorney review under County Code S 14-212(B). Though the ordinance does not require my review of the affidavit, the applicants should complete the County s standard affidavit, if that is part of the standard review process. Thanks. Andy Herrick Deputy County Attorney 49 Notice: This email may contain atmtneyrc lent 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 immediately and notify me that you have received this by mistake. Thank you. From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org 50 Patricia "Paty" Saternye From: Megan Nedostup Sent: Thursday, October 17, 2019 8:51 AM To: Patricia Saternye Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, Please let Andy know that the ordinance does require County Attorney review, see ordinance section 14-212 (partially copied here). The affidavit serves as the means by which we ensure that A and B are met. 51 Sec. 14-212 Family subdn-isions; conditions of approvaL Each approval of a plat for a family subdivision shall be subject to the follo«ing conditions: A. No lot may be created by family subdivision unless it has been owned by the cur. owner or a member of his or her immediate family for at least four (4) consecutive years immedia preceding the date the family subdivision plat is submitted under section 14-209. For the purposes of section, and subject to approval by the county attorney: 1. Land oNviied as part of a trust for estate planning purposes may be considere, be owned by the current o-%tiner or a member of his or her immediate family upon consideration of following factors: (i) the title to the real property is in the name of one or more of the trustees, (ii) if thei more than one trustee, the intended grantee is a qualifying member of each trustee's immediate family: if there is more than one trustee; all of the trustees aeree in %witing to the family subdivision; (iv) under trust instrument, the trustee(s) retain complete control over the trust assets; and (v) the trust instrun allows the trustee(s) to coney real property. 2. A lot created by family subdivision may be conveyed to the custodian < qualifying member of the immediate family under the Virginia Uniform Transfers to Minors Act (Virg Cade § 64.2-1900 et seq.) B. No lot created by the family subdivision; including the residue; may be transfer except by devise; descent or operation of law; to a person other than an eligible member of the immed family of the subdivider; for a period of four (4) years after the date of recordation of the plat, except purposes of securing any purchase money and/or construction loan, including bona fide refinancing, c the lending institution requires in .NTitik2 that the spouse of the member of the immediate family be a grantee and co-owner of the lot. The subdivider shall place a restrictive covenant on the lots created by family subdivision prohibiting the transfer of the lots so created to a person who is not a member of immediate family for the retention period after the date of recordation. The restrictive covenant shal subject to review and approval by the county attorney before it is recorded_ If the lot created is cone back to the grantor during the retention period; it shall be recombined with the parent lot iiithin six months after such conveyance and no building permits shall be issued for the lots until they recombined. C. The entrance of the principal means of access for each lot onto any public street s comply with Virginia Department of Transportation standards and be approved by the Virginia Departn of Transportation. Megan Nedostup, AICP (pronounced nuh-DAHST-up) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 3:43 PM 52 To: Megan Nedostup <mnedostup@albemarle.org> Subject: FW: SUB2019-152 Perkins Family division & affidavit of family relationship Megan, I wanted to touch base again in reference to the affidavit of family relationship that I mentioned to you earlier today. Andy got back with me very quickly. However, he also said (on the phone and then somewhat differently below) that it does not require County Attorney's office review since the affidavit is not mentioned in the ordinance. He said it is probably a subdivision agent issue and therefore I needed to ask others (like you or Bill) to see how to move forward. On the phone he said to ask others if we could accept it as submitted or not. In the email below, after the phone call, however he said, "ThouA the ordinance does riot require myreriew of the allidarit; the applicants should complete the County's standard aflidavi4 ifthatis part of the standard review process. " Is this something we can decide or should I wait until Bill is available tomorrow? ALSO, if we state they have to use the County's form, should I just have them add a second line for signatures manually? There are two owners. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andy Herrick <aherrick@albemarle.ora> Sent: Wednesday, October 16, 2019 2:29 PM To: Patricia Saternye <psaternve@albemarle.ore> Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, As we discussed, the proposed Declaration meets the requirements for County Attorney review under County Code S 14-212(B). Though the ordinance does not require my review of the affidavit, the applicants should complete the County s standard affidavit, if that is part of the standard review process. Thanks. Andy Herrick Deputy County Attorney 53 Notice: This email may contain atmtneyrc lent 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 immediately and notify me that you have received this by mistake. Thank you. From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org 54 Patricia "Paty" Saternye From: Megan Nedostup Sent: Thursday, October 17, 2019 8:51 AM To: Patricia Saternye Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, Please let Andy know that the ordinance does require County Attorney review, see ordinance section 14-212 (partially copied here). The affidavit serves as the means by which we ensure that A and B are met. 55 Sec. 14-212 Family subdn-isions; conditions of approvaL Each approval of a plat for a family subdivision shall be subject to the follo«ing conditions: A. No lot may be created by family subdivision unless it has been owned by the cur. owner or a member of his or her immediate family for at least four (4) consecutive years immedia preceding the date the family subdivision plat is submitted under section 14-209. For the purposes of section, and subject to approval by the county attorney: 1. Land oNviied as part of a trust for estate planning purposes may be considere, be owned by the current o-%tiner or a member of his or her immediate family upon consideration of following factors: (i) the title to the real property is in the name of one or more of the trustees, (ii) if thei more than one trustee, the intended grantee is a qualifying member of each trustee's immediate family: if there is more than one trustee; all of the trustees aeree in %witing to the family subdivision; (iv) under trust instrument, the trustee(s) retain complete control over the trust assets; and (v) the trust instrun allows the trustee(s) to coney real property. 2. A lot created by family subdivision may be conveyed to the custodian < qualifying member of the immediate family under the Virginia Uniform Transfers to Minors Act (Virg Cade § 64.2-1900 et seq.) B. No lot created by the family subdivision; including the residue; may be transfer except by devise; descent or operation of law; to a person other than an eligible member of the immed family of the subdivider; for a period of four (4) years after the date of recordation of the plat, except purposes of securing any purchase money and/or construction loan, including bona fide refinancing, c the lending institution requires in .NTitik2 that the spouse of the member of the immediate family be a grantee and co-owner of the lot. The subdivider shall place a restrictive covenant on the lots created by family subdivision prohibiting the transfer of the lots so created to a person who is not a member of immediate family for the retention period after the date of recordation. The restrictive covenant shal subject to review and approval by the county attorney before it is recorded_ If the lot created is cone back to the grantor during the retention period; it shall be recombined with the parent lot iiithin six months after such conveyance and no building permits shall be issued for the lots until they recombined. C. The entrance of the principal means of access for each lot onto any public street s comply with Virginia Department of Transportation standards and be approved by the Virginia Departn of Transportation. Megan Nedostup, AICP (pronounced nuh-DAHST-up) Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 3:43 PM 56 To: Megan Nedostup <mnedostup@albemarle.org> Subject: FW: SUB2019-152 Perkins Family division & affidavit of family relationship Megan, I wanted to touch base again in reference to the affidavit of family relationship that I mentioned to you earlier today. Andy got back with me very quickly. However, he also said (on the phone and then somewhat differently below) that it does not require County Attorney's office review since the affidavit is not mentioned in the ordinance. He said it is probably a subdivision agent issue and therefore I needed to ask others (like you or Bill) to see how to move forward. On the phone he said to ask others if we could accept it as submitted or not. In the email below, after the phone call, however he said, "ThouA the ordinance does riot require myreriew of the allidarit; the applicants should complete the County's standard aflidavi4 ifthatis part of the standard review process. " Is this something we can decide or should I wait until Bill is available tomorrow? ALSO, if we state they have to use the County's form, should I just have them add a second line for signatures manually? There are two owners. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andy Herrick <aherrick@albemarle.ora> Sent: Wednesday, October 16, 2019 2:29 PM To: Patricia Saternye <psaternve@albemarle.ore> Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, As we discussed, the proposed Declaration meets the requirements for County Attorney review under County Code S 14-212(B). Though the ordinance does not require my review of the affidavit, the applicants should complete the County s standard affidavit, if that is part of the standard review process. Thanks. Andy Herrick Deputy County Attorney 57 Notice: This email may contain atmtneyrc lent 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 immediately and notify me that you have received this by mistake. Thank you. From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org 58 Patricia "Paty" Saternye From: purcellpractice@aol.com Sent: Wednesday, October 16, 2019 11:47 PM To: Patricia Saternye; cperkins@centurylink.net Cc: chamberslandsurveying@yahoo.com Subject: Re: SUB2019-152 Perkins - Family division 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. Thanks Paty. Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@aol. com -----Original Message ----- From: Patricia Saternye <psaternye@albemarle.org> To: purcellpractice@aol.com <purcellpractice@aol.com>; Connie Perkins <cperkins@centurylink.net> Cc: Bryan Chambers<chamberslandsurveying@yahoo.com> Sent: Wed, Oct 16, 2019 1:42 pm Subject: SUB2019-152 Perkins - Family division Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development 59 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternyeCr]1 al be marle. org www.albemarle.org From: Patricia Saternye <psaternye@albemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpractice@aol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered `Withdrawn for inactivity" after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf was the document attached to Mr. Chamber's email. So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development �Oel6A yam` Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 60 psaternyena.al bemarle. org www.albemarle.org Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to "20' New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purce1l1)ractice(5aol.com> wrote: Got it. Thanks Bryan. liritlia Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice(cDaol. com From: purcellpractice(cDaol.com <purcellpracticeno.aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psatemye(cDalbemarle.org> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 61 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice(cDaol. com 62 Patricia "Paty" Saternye From: Patricia Saternye Sent: Wednesday, October 16, 2019 3A3 PM To: Megan Nedostup Subject: FW: SUB2019-152 Perkins Family division & affidavit of family relationship Attachments: Declaration of Family Division.pdf, Countys Family Affidavit template from application 10-16-2019.pdf Megan, I wanted to touch base again in reference to the affidavit of family relationship that I mentioned to you earlier today. Andy got back with me very quickly. However, he also said (on the phone and then somewhat differently below) that it does not require County Attorney's office review since the affidavit is not mentioned in the ordinance. He said it is probably a subdivision agent issue and therefore I needed to ask others (like you or Bill) to see how to move forward. On the phone he said to ask others if we could accept it as submitted or not. In the email below, after the phone call, however he said, "Though the ordinance does uotrequire nlyreview of the allidavi4 the applicants should complete the Comity's standard affidavi4 if that is part of the stanndardreviewprocess." Is this something we can decide or should I wait until Bill is available tomorrow? ALSO, if we state they have to use the County's form, should I just have them add a second line for signatures manually? There are two owners. Thanks, Paty Saternye Senior Planner Community Development 4 =4 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andy Herrick <aherrick@albemarle.org> Sent: Wednesday, October 16, 2019 2:29 PM To: Patricia Saternye <psaternye@albemarle.org> Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship 63 Paty, As we discussed, the proposed Declaration meets the requirements for County Attorney review under Comity Code S 14-212(B). Though the ordinance does not require my review of the affidavit, the applicants should complete the County s standard affidavit, if that is part of the standard review process. Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain atmmey-c ieut 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 immediately and notify me that you have received this by mistake. Thank you. From: Patricia Saternye <psaternve@albemarle.org> Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <idouglas@albemarle.org> Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 64 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.or� 65 Patricia "Paty" Saternye From: Patricia Saternye Sent: Wednesday, October 16, 2019 3A3 PM To: Megan Nedostup Subject: FW: SUB2019-152 Perkins Family division & affidavit of family relationship Attachments: Declaration of Family Division.pdf, Countys Family Affidavit template from application 10-16-2019.pdf Megan, I wanted to touch base again in reference to the affidavit of family relationship that I mentioned to you earlier today. Andy got back with me very quickly. However, he also said (on the phone and then somewhat differently below) that it does not require County Attorney's office review since the affidavit is not mentioned in the ordinance. He said it is probably a subdivision agent issue and therefore I needed to ask others (like you or Bill) to see how to move forward. On the phone he said to ask others if we could accept it as submitted or not. In the email below, after the phone call, however he said, "Though the ordinance does uotrequire nlyreview of the allidavi4 the applicants should complete the Comity's standard affidavi4 if that is part of the stanndardreviewprocess." Is this something we can decide or should I wait until Bill is available tomorrow? ALSO, if we state they have to use the County's form, should I just have them add a second line for signatures manually? There are two owners. Thanks, Paty Saternye Senior Planner Community Development 4 =4 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Andy Herrick <aherrick@albemarle.org> Sent: Wednesday, October 16, 2019 2:29 PM To: Patricia Saternye <psaternye@albemarle.org> Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship 66 Paty, As we discussed, the proposed Declaration meets the requirements for County Attorney review under Comity Code S 14-212(B). Though the ordinance does not require my review of the affidavit, the applicants should complete the County s standard affidavit, if that is part of the standard review process. Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain atmmey-c ieut 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 immediately and notify me that you have received this by mistake. Thank you. From: Patricia Saternye <psaternve@albemarle.org> Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <idouglas@albemarle.org> Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 67 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.or� 68 Patricia "Paty" Saternye From: Andy Herrick Sent: Wednesday, October 16, 2019 2:29 PM To: Patricia Saternye Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, As we discussed, the proposed Declaration meets the requirements for County Attorney review under Comity Code S 14-212(B). Though the ordinance does not require my review of the affidavit, the applicants should complete the County s standard affidavit, if that is part of the standard review process. Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attomeyrc ieut privileged information, privileged work product or other confidential infomnation. 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 immediately and notify me that you have received this by mistake. Thank you. From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye 69 Senior Planner Community Development 7p � 1 V Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.orR www.albemarle.or� 70 Patricia "Paty" Saternye From: Andy Herrick Sent: Wednesday, October 16, 2019 2:29 PM To: Patricia Saternye Subject: RE: SUB2019-152 Perkins Family division & affidavit of family relationship Paty, As we discussed, the proposed Declaration meets the requirements for County Attorney review under Comity Code S 14-212(B). Though the ordinance does not require my review of the affidavit, the applicants should complete the County s standard affidavit, if that is part of the standard review process. Thanks. Andy Herrick Deputy County Attorney Notice: This email may contain attomeyrc ieut privileged information, privileged work product or other confidential infomnation. 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 immediately and notify me that you have received this by mistake. Thank you. From: Patricia Saternye <psaternye@albemarle.org> Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick <aherrick@albemarle.org> Cc: James Douglas <jdouglas@albemarle.org> Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye 71 Senior Planner Community Development 7p � 1 V Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.orR www.albemarle.or� 72 Patricia "Paty" Saternye From: Patricia Saternye Sent: Wednesday, October 16, 2019 1A2 PM To: purcellpractice@aol.com; Connie Perkins Cc: Bryan Chambers Subject: SUB2019-152 Perkins - Family division Attachments: SUB2019-152 1st round comments 10-16-2019.pdf, Countys Family Affidavit template from application 10-16-2019.pdf Ms. Perkins and Mr. Kildoo, Attached please find the comments for SUB2019-152 (previously SUB2018-82) Perkins Family Subdivision. As you will see, other than recording the documents with the plat, there is a comment about the affidavit of family relationship. Please note, this was the first submission of the affidavit and the County staff had not previously reviewed it. Once read comments please let me know if you have any questions. As it states in the comments, I've forwarded the affidavit to the County Attorney's office for their review since it is not the County's default form and does not include all of the language that is in the County's affidavit. I've also attached the County's affidavit form, which is part of the Family Subdivision application & checklist packet, for your reference to the language that is not yet part of the submitted affidavit. Once I get the County Attorney's offices comments on, or approval of, the affidavit I will contact you on how to move forward. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Patricia Saternye <psaternye@albemarle.org> Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpractice@aol.com Subject: RE: SUB2018-82 Perkins - Family division Mike, Thank you for reaching out to me on this subdivision. 73 The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval. Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered "withdrawn for inactivity" after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf" was the document attached to Mr. Chamber's email. So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Pate Saternye Senior Planner Community Development s E �a �441ti� Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.orR www.albemarle.ors Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to TO'New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. 74 Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purcellpractice(aaoLcom> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice(D aol. com From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psaternye@albemarle.ore> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice @ aol. com 75 Patricia "Paty" Saternye From: Patricia Saternye Sent: Wednesday, October 16, 2019 1:10 PM To: Andy Herrick Cc: James Douglas Subject: SUB2019-152 Perkins Family division & affidavit of family relationship Attachments: 2019-10-16 Transmittal to Attorney.pdf, Declaration of Family Division.pdf, 2019-10-01 plat signed by owner and surveyor.pdf, Countys Family Affidavit template from application 10-16-2019.pdf Andy. Attached please find the transmittal memo to you, and the items for review, in reference to SUB2019-152 Perkins Family division & affidavit of family relationship. Please note the affidavit is on the last page of the attached "Declaration of Family Division" PDF. The affidavit submitted is not the County's form which is attached to the family division application and checklist. It also does not appear to include all of the language in the County's affidavit form. So, I'm sending this to you to ask if what they have done is sufficient. If it is not, please provide guidance on what modifications would be required to their affidavit. Please note that there are two current owners, which the County's affidavit form does not appear to be designed to handle. A little history on this review: With the exception of the affidavit of family relationship that was just submitted for the first time (attached), the legal documents and plats were reviewed under a different project number (SUB2018-82) last year and John Blair had already approved them. This project was recently resubmitted under another project number because it had been withdrawn for inactivity. Therefore, I have not provided you with the whole submission. I have only included the items not previously approved by the County Attorney's office. If you need any other items for your review please let me know. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org 76 Patricia "Paty" Saternye From: Patricia Saternye Sent: Tuesday, October 1, 2019 4:09 PM To: purcellpractice@aol.com Subject: RE: SUB2018-82 Perkins - Family division Attachments: SUB201800082 Review Comments Final Plat 2018-08-02.pdf, Scan0397.pdf Mike, Thank you for reaching out to me on this subdivision. The quick answer is that no, they can lot legaly do the division without County approval and they never got to that last step. Attached please find the last comments that were provided to the applicants representative, Bryan Chambers. There were outstanding comments that were never addressed. The updated plat, and the finalized and signed legal documents were never submitted to the County for the final approval. Also, those comments were provided on August 2, 2018. That is over a year ago and submissions are automatically considered "withdrawn for inactivity" after 6 months have passed. That period of time can be extended for up to 6 months, but that request would have been made prior to the 6 months deadline. In looking back in the history of this project I've found not only my last comments on 8/2/18, which I have attached, but also the last email I received on 8/4/18 from the surveyor. Below, in Green italics, please see that last email. Please see the highlighted sections that were supposed to happen that to my knowledge never did. This email was not to me. I was only copied on it. The document "Scan0397.pdf" was the document attached to Mr. Chamber's email. So, I've attached it to this email for your reference. At this stage we would need a new submission, with a new application and fee, in order to restart the review. Other than the last steps that had not been completed, I would also have to review the ownerships, relationships, and property status to ensure that the plat and documents and plat drafted a year ago are still valid. So that would be how to move forward if the owners wish to do so. Thanks, Paty Saternye Senior Planner Community Development 4{ u aye � ins' Albemarle County 401 McIntire Road Charlottesville, VA 22902 77 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.ore Mr. Kildoo, Here are the revised plats. The two things required by Alb. Planning ("20' New Private Road" on Sheet 2 was changed to TO'New Private Street" and a new revision date was included on the plats so you could reference it in the documents you are preparing) have been included. I'll either drop off or mail two copies of the plats to Mr. Perkins so he can re-sign Sheet 1 and deliver them to Alb. Planning for their signatures. Sincerely; Bryan Chambers On Thursday, August 2, 2018, 7:28:46 PM EDT, <purcellpractice(aaoLcom> wrote: Got it. Thanks Bryan Mike Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540-967-2225 Phone 540-967-0643 Fax purcellpractice @ aol. com From: purcellpractice@aol.com <purcellpractice@aol.com> Sent: Tuesday, October 01, 2019 3:11 PM To: Patricia Saternye <psaternye@albemarle.org> Subject: SUB2018-82 Perkins - Family division 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, 78 Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax p urcellpractice (D aol. com 79 Patricia "Paty" Saternye From: purcellpractice@aol.com Sent: Tuesday, October 1, 2019 3:11 PM To: Patricia Saternye Subject: SUB2018-82 Perkins - Family division Attachments: 2019.10.01 _Perki ns_M ichael.pdf 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. Hi Paty, Mr. and Mrs. Perkins came by my office today to sign the documents for recording in the above -referenced subdivision. However, while going through this process, I noted that the plat had not been signed by the designated county agent. Do the documents need to be submitted for another round of review prior to recordation, or can the Perkins just bring the plat by your office to be signed? If so, I have attached copies of everything to this email. As always, thanks for your assistance. With best regards, Mike Charles F. Purcell, Attorney Michael C. Kildoo, Attorney Purcell & Purcell P.O. Box 126 103 Elm Avenue Louisa, Virginia 23093 540.967.2225 Phone 540.967.0643 Fax purcellpractice@aol. corn M Patricia "Paty" Saternye From: Patricia Saternye Sent: Thursday, August 2, 2018 5:37 PM To: Bryan Chambers; Connie Perkins Cc: purcellpractice@aol.com Subject: SUB2018-82 Perkins - Family division Attachments: P2-18-82-comments 8-2-2018d.pdf Bryan, Thank you for your patience and I apologize again for how our workload backup has been impacting our review schedule. Attached please find the 2nd round comments for SUB2018-82 Perkins - Family division. Almost all of the comments are in reference to the legal documents, getting them signed, etc. So we are very close. Because of this, you can just provide the last few changes to the plat with the signature copies of the plat & the signature copies of the legal documents. For the legal documents, we just need signed & notarized copies. Not the originals. For the plats we need the originals, so that the County can also sign them. So, in addition to the copies of the legal documents - for the plats - please: 1. Submit two or more signed/sealed plats to the Community Development front desk to my attention. 2. The County will keep one signed original. 3. 1 will then call you to let you know once the rest of the signed originals are ready for pick up. Also, with everything being as busy at it is I may have lost some emails. So I am uncertain if I had responded to Mr. Kildo. So I'm going to copy him on this email. The County Attorney's office agreed with the order for recordation that he specified (in green below) in his email to me on 7/2/18, which was: At Mr. Perkins' request, I have drafted the attached documents for the proposed subdivision of tax map parcel # 09400-00-00-027A0: 1. Family Division Declaration 2. Private Street Maintenance Agreement 3. Deed of Gift In their current form, the way the property descriptions are written, it will be necessary to record the instruments in the above order. Thanks, Paty Saternye Senior Planner Community Development y. ?I J V1 "1 Rai^ Albemarle County 401 McIntire Road Charlottesville, VA 22902 81 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.ora From: Patricia Saternye Sent: Thursday, August 02, 2018 9:32 AM To: Bryan Chambers <chamberslandsurveying@yahoo.com>; Connie Perkins <cperkins@centurylink.net> Subject: RE: RE: Responses to SUB2018-82 1st round of comments - Mike Perkins Bryan, Sorry for not responding sooner. I hope to have something for you before the end of the day tomorrow. Thanks, Paty Saternye Senior Planner Community Development y=4aO�� pr Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Bryan Chambers <chamberslandsurveyina@vahoo.com> Sent: Thursday, August 02, 2018 9:25 AM To: Patricia Saternye <psaternve@albemarle.ore>; Connie Perkins <cperkins@centurylink.net> Subject: Re: RE: Responses to SUB2018-82 1st round of comments - Mike Perkins Paty, Just touching base to see where we stand. Thanks - Bryan On Wednesday, July 18, 2018, 8:25:48 AM EDT, Bryan Chambers<chamberslandsurveying(a)yahoo.com> wrote: Paty, Just touching base to see where we stand. Thanks - Bryan On Wednesday, July 4, 2018, 8:21:25 AM EDT, Bryan Chambers<chamberslandsurveying(aivahoo.com> wrote: Paty, Thanks. - Bryan On Tuesday, July 3, 2018, 9:20:36 AM EDT, Patricia Saternye <psaternveCDalbemarle.org> wrote: Bryan, 82 Sorry for the delay in response. We are very backed up here and the moment. I received your email on 6/25 which I understand to be a correction to the ones sent on 6/22. I have logged in your submission and will review it when I can get to it in the queue. Until I do so I will not know if it addressed everything. Also, just to confirm, I just received the legal documents yesterday from Mr. Kildoo. Those of course must be reviewed not only by me but also by the County Attorney's office. Thanks, Paty Saternye Senior Planner Community Development y of v `�R41N�R Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psate rnve(Wal bemarle. oro www.albemarle.org From: Bryan Chambers <chamberslandsurvevinclna vahoo.com> Sent: Thursday, June 28, 2018 10:51 AM To: Patricia Saternye <psaternve(d)albemarle.org>; purcellpractice(Waol.com; Connie Perkins <cperkins(Mcenturvlink. net> Subject: Re: Responses to SUB2018-82 1st round of comments - Mike Perkins Dear Ms. Saternye; Since I believe I sent the wrong .pdf in response to your comments initially, I was wondering if you've received this email (see the original message with attachments) and if it addresses your concerns? Thanks - Bryan 83 On Monday, June 25, 2018, 8:11:02 AM EDT, Bryan Chambers<chamberslandsurveyingna.yahoo.com> wrote: All, I checked my last enclosed .pdf. I believe I sent the wrong one initially. Here is the right one with the support doc's. - Bryan Virus -free. www.avast.com 84 Patricia "Paty" Saternye From: John Blair Sent: Tuesday, July 10, 2018 10:35 AM To: Patricia Saternye Cc: Marsha Davis; James Douglas Subject: SUB20180082-Perkins Family Division Paty, I have reviewed the documents that you provided. A.) I believe Mr. Kildoo is correct about the order of the documents to be recorded. B.) I don't believe the term easement needs to be changed in the Private Street Maintenance Agreement. The fourth paragraph states that the term "Easement" includes the 20—foot wide new private street. C.) I don't think any amendments are necessary to the documents provided. I will leave the documents on the table in front of James' desk for you. John C. Blair, II Deputy County Attorney Albemarle County, Virginia This message and its attachments are confidential and may be protected by the attorney/client privilege. If you are not the named addressee or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate or otherwise use this transmission. Please notify the sender immediately by e-mail and delete and destroy this message and its attachments 85 Patricia "Paty" Saternye From: Patricia Saternye Sent: Wednesday, June 27, 2018 3:04 PM To: David lames Subject: FW: Submittal Of Family Division Of TM 94-27A Alb (Perkins) David, Have you seen what he submitted to Frank, or could you look at it and make sure it looks like what is on the plat? Thanks, Paty Saternye Senior Planner Community Development 0 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.ora www.albemarle.ore From: Frank Pohl Sent: Wednesday, June 27, 2018 1:58 PM To: Patricia Saternye <psaternye@albemarle.org> Cc: David James <djames@albemarle.org> Subject: RE: Submittal Of Family Division Of TM 94-27A Alb (Perkins) What he submitted is accurate and the County GIS is wrong. Frank From: Patricia Saternye Sent: Tuesday, June 26, 201810:11 AM To: Frank Pohl <fpohl@albemarle.ore> Cc: David James <diames@albemarle.ors> Subject: FW: Submittal Of Family Division Of TM 94-27A Alb (Perkins) Frank, Do you have a copy of the revised WPO buffer that Byran Chambers appears to have discussed with you in reference to SUB2018-82 (TM 94-27A)? Is what is shown on that exhibit what we should now have them shown on the subdivision plat? Attached is what he just resubmitted to us for review. This is a very different WPO boundary then is shown on GIS. Thanks, Paty Saternye 86 Senior Planner Community Development � , MB* API � 1 V Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Bryan Chambers <chamberslandsurveying@yahoo.com> Sent: Monday, May 07, 2018 9:16 AM To: Patricia Saternye <psaternve@albemarle.org> Subject: Fw: Submittal Of Family Division Of TM 94-27A Alb (Perkins) Dear Patty; This email is to bring you up to speed on SUB 2018-82. Please keep me in the loop. Thanks - Bryan Chambers On Monday, May 7, 2018 8:06 AM, Bryan Chambers<chamberslandsurveyinona.yahoo.com> wrote: Frank; Thanks for meeting us on Friday to do an on -site inspection of the WPO buffer. I've modified the plat per our discussion and will email a copy to you and the reviewing planner before final submittal. As far as I know, there is not much left to do to the plat. Mr Perkins was contacting VDOT and they should have OK'd the entrance they installed by now and sent verification to Albemarle County. The submitted checklist outlines the sections of the plat that address each issue. Outstanding checklist items not affecting the plat would be: The Tier 2 Groundwater Review, the deed to a family member, and the deed for the road maintenance agreement. So I'll see who's in charge of the review so I can finalize my end of things. Many Thanks - Bryan Chambers 87 Patricia "Paty" Saternye From: Frank Pohl Sent: Wednesday, June 27, 2018 1:58 PM To: Patricia Saternye Cc: David lames Subject: RE: Submittal Of Family Division Of TM 94-27A Alb (Perkins) What he submitted is accurate and the County GIS is wrong. Frank From: Patricia Saternye Sent: Tuesday, June 26, 2018 10:11 AM To: Frank Pohl <fpohl@albemarle.org> Cc: David James <djames@albemarle.org> Subject: FW: Submittal Of Family Division Of TM 94-27A Alb (Perkins) Frank, Do you have a copy of the revised WPO buffer that Byran Chambers appears to have discussed with you in reference to SUB2018-82 (TM 94-27A)? Is what is shown on that exhibit what we should now have them shown on the subdivision plat? Attached is what he just resubmitted to us for review. This is a very different WPO boundary then is shown on GIS. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Bryan Chambers <chamberslandsurvevina@vahoo.com> Sent: Monday, May 07, 2018 9:16 AM To: Patricia Saternye <psaternve@albemarle.ore> Subject: Fw: Submittal Of Family Division Of TM 94-27A Alb (Perkins) Dear Patty; This email is to bring you up to speed on SUB 2018-82. Please keep me in the loop. Thanks - Bryan Chambers On Monday, May 7, 2018 8:06 AM, Bryan Chambers<chamberslandsurveving(cDvahoo.com> wrote: 88 Frank; Thanks for meeting us on Friday to do an on -site inspection of the WPO buffer. I've modified the plat per our discussion and will email a copy to you and the reviewing planner before final submittal. As far as I know, there is not much left to do to the plat. Mr Perkins was contacting VDOT and they should have OK'd the entrance they installed by now and sent verification to Albemarle County. The submitted checklist outlines the sections of the plat that address each issue. Outstanding checklist items not affecting the plat would be: The Tier 2 Groundwater Review, the deed to a family member, and the deed for the road maintenance agreement. So I'll see who's in charge of the review so I can finalize my end of things. Many Thanks - Bryan Chambers 89 Patricia "Paty" Saternye From: Patricia Saternye Sent: Tuesday, June 26, 2018 10:11 AM To: Frank Pohl Cc: David James Subject: FW: Submittal Of Family Division Of TM 94-27A Alb (Perkins) Attachments: Scan0378.pdf Frank, Do you have a copy of the revised WPO buffer that Byran Chambers appears to have discussed with you in reference to SUB2018-82 (TM 94-27A)? Is what is shown on that exhibit what we should now have them shown on the subdivision plat? Attached is what he just resubmitted to us for review. This is a very different WPO boundary then is shown on GIS. Thanks, Paty Saternye Senior Planner Community Development „m =4 U .a�Qc M,*I. Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Bryan Chambers <chamberslandsurveying@yahoo.com> Sent: Monday, May 07, 2018 9:16 AM To: Patricia Saternye <psaternye@albemarle.org> Subject: Fw: Submittal Of Family Division Of TM 94-27A Alb (Perkins) Dear Patty; This email is to bring you up to speed on SUB 2018-82. Please keep me in the loop. Thanks - Bryan Chambers On Monday, May 7, 2018 8:06 AM, Bryan Chambers<chamberslandsurveyingna.yahoo.com> wrote: Frank; Thanks for meeting us on Friday to do an on -site inspection of the WPO buffer. I've modified the plat per our discussion and will email a copy to you and the reviewing planner before final submittal. As far as I know, there is not much left to do to the plat. Mr Perkins was contacting VDOT and they should have OK'd the entrance they installed by now and sent verification to Albemarle County. The submitted checklist outlines the sections of the 90 plat that address each issue. Outstanding checklist items not affecting the plat would be: The Tier 2 Groundwater Review, the deed to a family member, and the deed for the road maintenance agreement. So I'll see who's in charge of the review so I can finalize my end of things. Many Thanks - Bryan Chambers 91 Patricia "Paty" Saternye From: Patricia Saternye Sent: Friday, June 22, 2018 8:35 AM To: John Blair Cc: David Benish Subject: RE: Family Affidavit Thanks John O. So, do I just need to get them to confirm in their response to the comments that there is an immediate family relationship between the current and previous owner or do I not even need to ask that question? I get that they are signing a document that states that an immediate family member has owned the property for at least 4 years, but my experience is that many people really don't fully understand the family membership definition. Thanks, Paty Saternye Senior Planner Community Development ,� of �4 u Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.ors From: John Blair Sent: Thursday, June 21, 2018 5:20 PM To: Patricia Saternye <psaternye@albemarle.org> Cc: David Benish <DBENISH@albemarle.org> Subject: RE: Family Affidavit Paty and David: After reading the Affidavit, I don't believe we need to have the Previous and Current Owners of the property sign the affidavit. The Current Owner is certifying, pursuant to the Affidavit, that they are complying with the requirements of 14-212. 14-212 includes the 4 year immediate family ownership requirement. 92 Best, John From: Patricia Saternye Sent: Thursday, June 21, 2018 4:51 PM To: John Blair <jblair@albemarle.ore> Subject: Family Affidavit John, Attached are the two Affidavits I have seen for Family relationships. One is stand alone and the other is the 8"' page of the Family Subdivision Check List. I haven't checked them word for word but I think they are the same. As discussed, there is only one line for owner and only one notary block. Also, I do not know if the previous owner is alive or not. I have no reason to think they are dead, but if they are then who would sign to verify their relationship? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.ors 93 Patricia "Paty" Saternye From: John Blair Sent: Thursday, June 21, 2018 5:20 PM To: Patricia Saternye Cc: David Benish Subject: RE: Family Affidavit Paty and David: After reading the Affidavit, I don't believe we need to have the Previous and Current Owners of the property sign the affidavit. The Current Owner is certifying, pursuant to the Affidavit, that they are complying with the requirements of 14-212. 14-212 includes the 4 year immediate family ownership requirement. Best, John From: Patricia Saternye Sent: Thursday, June 21, 2018 4:51 PM To: John Blair <jblair@albemarle.org> Subject: Family Affidavit John, Attached are the two Affidavits I have seen for Family relationships. One is stand alone and the other is the 8`h page of the Family Subdivision Check List. I haven't checked them word for word but I think they are the same. As discussed, there is only one line for owner and only one notary block. Also, I do not know if the previous owner is alive or not. I have no reason to think they are dead, but if they are then who would sign to verify their relationship? Thanks, Paty Saternye Senior Planner Community Development 4; U `��141t'�T Albemarle County 401 McIntire Road Charlottesville, VA 22902 94 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.or� 95 Patricia "Paty" Saternye From: John Blair Sent: Thursday, June 21, 2018 5:20 PM To: Patricia Saternye Cc: David Benish Subject: RE: Family Affidavit Paty and David: After reading the Affidavit, I don't believe we need to have the Previous and Current Owners of the property sign the affidavit. The Current Owner is certifying, pursuant to the Affidavit, that they are complying with the requirements of 14-212. 14-212 includes the 4 year immediate family ownership requirement. Best, John From: Patricia Saternye Sent: Thursday, June 21, 2018 4:51 PM To: John Blair <jblair@albemarle.org> Subject: Family Affidavit John, Attached are the two Affidavits I have seen for Family relationships. One is stand alone and the other is the 8`h page of the Family Subdivision Check List. I haven't checked them word for word but I think they are the same. As discussed, there is only one line for owner and only one notary block. Also, I do not know if the previous owner is alive or not. I have no reason to think they are dead, but if they are then who would sign to verify their relationship? Thanks, Paty Saternye Senior Planner Community Development 4; U `��141t'�T Albemarle County 401 McIntire Road Charlottesville, VA 22902 96 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.or� 97 Patricia "Paty" Saternye From: Patricia Saternye Sent: Thursday, June 21, 2018 4:51 PM To: John Blair Subject: Family Affidavit Attachments: Family_Subdivision_Verification_Affidavit.pdf, Family_Subdivision_Plat_&_Checklist.pdf John, Attached are the two Affidavits I have seen for Family relationships. One is stand alone and the other is the 8`h page of the Family Subdivision Check List. I haven't checked them word for word but I think they are the same. As discussed, there is only one line for owner and only one notary block. Also, I do not know if the previous owner is alive or not. I have no reason to think they are dead, but if they are then who would sign to verify their relationship? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ora www.albemarle.org 98 Patricia "Paty" Saternye From: Patricia Saternye Sent: Thursday, June 21, 2018 4:51 PM To: John Blair Subject: Family Affidavit Attachments: Family_Subdivision_Verification_Affidavit.pdf, Family_Subdivision_Plat_&_Checklist.pdf John, Attached are the two Affidavits I have seen for Family relationships. One is stand alone and the other is the 8`h page of the Family Subdivision Check List. I haven't checked them word for word but I think they are the same. As discussed, there is only one line for owner and only one notary block. Also, I do not know if the previous owner is alive or not. I have no reason to think they are dead, but if they are then who would sign to verify their relationship? Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ora www.albemarle.org 99 Patricia "Paty" Saternye From: Patricia Saternye Sent: Tuesday, June 19, 2018 11 AS AM To: Bryan Chambers Cc: cperkins@centurylink.net Subject: RE: SUB2018-82 Michael W Perkins Sr & Connie - FAMILY Division (TM 94-27A Alb) Attachments: SUB2018-82 1st round comments 6-19-2018.pdf, GWA_Tier2_SUB201800082.pdf; Family Division Declaration Form.docx; subdivision_mai ntenance_instrument_review_checklist_020614.pdf, Private_Street_Maintenance_Agreement_Template (2).doc Bryan, Thank you for your time earlier today and for your patience in the timing of our review cycles.. Attached please find the 1' round comments for SUB2018-82 Perking Family Subdivision. Please let me know if you have any questions. Sincerely, Paty Saternye Senior Planner Community Development V z_; Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.ore www.albemarle.org From: Patricia Saternye Sent: Tuesday, June 19, 2018 10:51 AM To: Bryan Chambers <chamberslandsurveying@yahoo.com> Subject: RE: SUB2018-82 Michael W Perkins Sr & Connie - FAMILY Division (TM 94-27A Alb) Bryan, The note we chatted about is correct. Sorry for my confusion. Thanks, Paty Saternye Senior Planner Community Development 100 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.org www.albemarle.org From: Bryan Chambers <chamberslandsurveying@yahoo.com> Sent: Wednesday, May 16, 2018 7:46 PM To: Patricia Saternye <psaternye@albemarle.org> Subject: Re: SUB2018-82 Michael W Perkins Sr & Connie - FAMILY Division (TM 94-27A Alb) Paty, I received the following from Mike Perkins and am forwarding it to you to keep you in the loop: From: Brent Nelson[mailto:bnelson"bemarle.org] Sent: Monday, April 23, 2018 12:12 PM To: Bedsaul, Willis Subject: RE: Mike Perkins existing drive way on Three Chopt Road Hi Mr. Willis - Mike Perkins should include your correspondence below when he makes his subdivision application. I am not the planner who will be handling that review. Thanks, Brent Brent Nelson Senior Planner Albemarle County Department of Community Development Planning Services Division 434-296-5832 ext. 3438 bnelson(aalbemarle.org From: Bedsaul, Willis <willis.bedsaul&vdot.vir ig nia.gov> H Sent: Wednesday, April 18, 2018 2:33 PM To: Brent Nelson <bnelsongalbemarle.org> Subject: Mike Perkins existing drive way on Three Chopt Road Hello Brent, I've made a site review on Mr. Perkins existing driveway and it meet's VDOTs requirements and I recommend it for approval. If you have any questions please call. Thanks, Willis C. Bedsaul 101 Land Development Engineer Virginia Department of Transportation Land Use-Albemarle/Green/Madison 701 VDOT Way Charlottesville Residency Ph# 434-422-9866 Cell# 540-219-5492 On Wednesday, May 16, 2018 8:36 AM, Patricia Saternye <psaternye(d)albemarle.org> wrote: Bryan, The plat has not been reviewed yet. It was only submitted two weeks ago and I have not touched it yet. Please do not send it out for signatures. I was only answering specific questions you asked. That was not a review. Your submission will be reviewed once I get to it in the queue. Also, keep in mind none of the legal documents have been provided to me for review. Those also have to be reviewed by the County Attorney's office as well as me. Until the plat and the legal documents are reviewed, and I specifically tell you it is ready for signatures, the plat is not ready for signatures. Thanks, Paty Saternye Senior Planner Community Development , e t• j I Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 osaternve(d)albemarle.oro www.albemarle.org From: Bryan Chambers <chamberslandsurvevinq(a-)vahoo.com> Sent: Wednesday, May 16, 2018 8:27 AM To: Patricia Saternye <Psaternve(a)albemarle.orci> Subject: Re: SUB2018-82 Michael W Perkins Sr & Connie - FAMILY Division (TM 94-27A Alb) Paty - I've finalized the plat for the Perkins property. I'm providing it to Mike Perkins to bring to you after you hear back from VDOT. Then they will have their signatures notarized. How many copies would you like? - Bryan On Tuesday, May 15, 2018 8:36 AM, Bryan Chambers <chamberslandsurvevinq(d)yahoo.com> wrote: 102 The one exception being that Fluvanna has recently requested that approval block. See enclosure. On Tuesday, May 15, 2018 8:14 AM, Bryan Chambers <chamberslandsurvevinx@vahoo.com> wrote: You're right. I've been surveying in this area since 1988 and I used to include a block in various counties for VDOT approval of an entrance (to signify acceptance since it was easier than keeping a letter on file), but not lately. That approval block won't be included. On Monday, May 14, 2018 10:52 AM, Patricia Saternye <psaternve@albemarle.ore> wrote: Bryan, What you have submitted is considered a "final plat". What you are referring to in the check list are items that have to be included at both the preliminary & final plat stages. For a subdivision as simple as this we do not expect applicants to submit a preliminary plat prior to a final plat submission. However, the code (and the checklist you are referencing) is written so that it splits up the information required into the two stages. VDOT approval is required, their signature is not. In chatting with others in the office we do not know of an occasion, at least for some years now, where a VDOT signature was included on the plat. So, a VDOT signature panel should not be included in the plat. Thanks, Paty Saternye Senior Planner Community Development JIM Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Bryan Chambers <chamberslandsurveying@yahoo.com> Sent: Thursday, May 10, 2018 9:10 PM To: Patricia Saternye <psaternve@albemarle.org> Subject: Re: SUB2018-82 Michael W Perkins Sr & Connie - FAMILY Division (TM 94-27A Alb) Paty - I was just copying the designation for the plat included in the Co. of Albemarle Family Subd. Plat Checklist on Pg. 4 Sect 14-302(A) where it requires an initial submittal of a "preliminary plat". If it was intended to say "first submittal of a final plat" in the checklist, then that is what this plat is. Also, if VDOT has 103 not sent the approval of the entrance that Mr. Perkins talked with them about, then I've previously included a block for VDOT to sign off on the plat in those instances. I won't if it is not necessary. Sincerely - Bryan On Thursday, May 10, 2018 1:27 PM, Patricia Saternye <psaternve@albemarle.ore> wrote: Bryan, What do you mean by "preliminary plat" and "entrance approval block for VDOT"? This is not considered a "preliminary plat" by the County, but it is the first submission of a "final plat". Also, we do not have VDOT sign the plats. So please clarify that. Thanks, Paty Saternye Senior Planner Community Development or `�/R4RDTR_ Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternye@albemarle.ore www.albemarle.ore From: Bryan Chambers<chamberslandsurveying@yahoo.com> Sent: Thursday, May 10, 201812:47 PM To: Patricia Saternye <psaternye@albemarle.ore> Subject: Re: SUB2018-82 Michael W Perkins Sr & Connie - FAMILY Division (TM 94-27A Alb) Thanks Paty. Since only the preliminary plat is making the rounds, I'm thinking I should also include an entrance approval block for VDOT on the final plat based on your info. Sincerely; Bryan On Thursday, May 10, 201810:53 AM, Patricia Saternye <psaternve@albemarle.or¢> wrote: Bryan, I look forward to getting the legal documents from Mr. Perkins. The plat has been submitted to VDOT for their review. Any previous correspondence with VDOT has not been sent to me. However, the official VDOT review and approval is what I will need from them. So the correspondence likely does not need to be forwarded to me. The Tier 2 Groundwater Assessment fee was paid I have attached the assessment to this email for your reference. Thanks, Paty Saternye Senior Planner Community Development 104 Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Bryan Chambers <chamberslandsurveving@vahoo.com> Sent: Thursday, May 10, 2018 9:14 AM To: Patricia Saternye <psaternve@albemarle.org> Subject: Re: Submittal Of Family Division Of TM 94-27A Alb (Perkins) Thanks Patty. Mr. Perkins is getting the road maintenance agreement and family deed drafted for your review so you should have them shortly. Have you gotten VDOT's OK of the entrance? Mr. Perkins said he had VDOT correspond with Brent Nelson awhile back on that. Also, is the Tier 2 Groundwater Review from Albemarle taking place? On Monday, May 7, 2018 9:59 AM, Patricia Saternye <psaternve@albemarle.org> wrote: Bryan, Thank you for the update. Yes, in reference to the maintenance agreement and deed please get those, or have someone else get those, to us as soon as possible. As you likely know those go through the County Attorney's office review. So the sooner you get those to us the better. Thanks, Paty Saternye Senior Planner Community Development Albemarle County 401 McIntire Road Charlottesville, VA 22902 434-296-5832 ext.3250 psaternve@albemarle.org www.albemarle.org From: Bryan Chambers <chamberslandsurveying@yahoo.com> Sent: Monday, May 07, 2018 9:16 AM To: Patricia Saternye <psaternve@albemarle.org> Subject: Fw: Submittal Of Family Division Of TM 94-27A Alb (Perkins) 105 Dear Patty; This email is to bring you up to speed on SUB 2018-82. Please keep mein the loop. Thanks -Bryan Chambers On Monday, May 7, 2018 8:06 AM, Bryan Chambers <chamberslandsurvevina@vahoo.com> wrote: Frank; Thanks for meeting us on Friday to do an on -site inspection of the WPO buffer. I've modified the plat per our discussion and will email a copy to you and the reviewing planner before final submittal. As far as I know, there is not much left to do to the plat. Mr Perkins was contacting VDOT and they should have OK'd the entrance they installed by now and sent verification to Albemarle County. The submitted checklist outlines the sections of the plat that address each issue. Outstanding checklist items not affecting the plat would be: The Tier 2 Groundwater Review, the deed to a family member, and the deed for the road maintenance agreement. So I'll see who's in charge of the review so I can finalize my end of things. Many Thanks - Bryan Chambers rQ Virus -free. www.avast.com 106