Loading...
HomeMy WebLinkAboutSDP199500115 Review Comments Preliminary Site Plan 1996-11-04 AL3EVARLE COUNTY SERVICE AUTHORITY P.O. Box 1009 168 SPOTNAP RD CHARLOTTESVIL_E. VA 22902 • (804) 977-4511 FAX (804) 979-0698 November 4, 1996 Steve Melton B. Aubrey Huffman and Associates, LTD 195 Riverbend Dr. Suite 2 Charlottesville, VA 22901 Re: Northside Ministries Elementaray School Campus Dear Steve: The plans, with Albemarle County Service Authority specifications referenced, entitled"Northside Ministries Elementaray School Campus" dated or last revised July, 31 1996, prepared by B. Aubrey Huffman and Associates, LTD, are approved for construction. These plans consist of five sheets. One set of approved plans is enclosed for your records. Any previously approved plans are voided with this approval. This approval is for basic compliance with the General Construction Specifications of the Albemarle County Service Authority and does not relieve the contractor from responsibility for his work as it relates to the plans and specifications. Albemarle County Service Authority requires that a copy of these construction plans be on the job site to ensure no misunderstanding and to expedite contractor's completion of as-built data for your client. This approval is valid for a period of six(6) months from this date. If construction is not in progress at the end of this time period, the approval shall be void. A preconstruction conference shall be scheduled with the project manager to ensure coordination and answer any questions. This will be a short meeting to review the project, materials, test methods and schedule, in order to expedite construction. Please have the proper party call me at 977-4511 tc schedule the meeting. If you have any questions or if we can be of assistance, please advise us. cerel Civil Engineer cc: C.W. Hurt � a State Health Dept. Zoning Dept. 4 ' � .. ',; Planning Dept. Robert Shaw, Soil Erosion Inspector Inspections Dept. David Hensley, Inspector NO 1 1 1996 Manning Dept. L RET 2i x; - �� � a �m ' ; MAR 13 1996 COUNTY OF ALBEMARLE Manning r4-1--c f,, Department of Zoning, Room 223 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4035 TDD (804) 972-4012 MEMORANDUM TO: Claudia Paine, Sr. Planner FROM: Jan Sprinkle, Zoning Assistant DATE: March 13, 1996 RE: Montessori School (Berkmar Drive) Preliminary Site Plan Revision Dated 1/10/96, and received 3/7/96 SDP-95-115 Please have the applicant add the recently revised date. With this date, the applicant has met my previous comments to the extent that he can prior to the rezoning. COUNTY OF ALBEMARLE m.® f1ncilw• MEMORANDUM TO: Claudia Paine, Senior Planner /�� FROM: Andre S. Williams,Civil Engineer II !�� DATE: 15 March 1996 RE: Montessori School-Preliminary Site Plan(SDP-95-115) The revised Preliminary Site Plan received on 29 February 1996 has been reviewed. All previous comments have been addressed. Albemarle County Engineering will recommend approval of the preliminary site plan with the following condition: 1. Delineate and label the limits of grading on the Phase 2 site. Final site plan approval will be subject to Albemarle County Engineering approval of all final plan requirements and the following conditions: [Each item is preceded by the applicable reference to the Zoning Ordinance, unless otherwise specified.] A. [32.6.1.] The plans shall be sealed by an architect,professional engineer, land surveyor with a 3(b)license, or landscape architect licensed to practice in the Commonwealth of Virginia. B. [32.6.6.d.] Albemarle County Engineering approval of grading and drainage plans and computations. C. [Albemarle County Engineering Policy] Albemarle County Engineering approval of final public road plans. A condition of road plan approval will be the coordination of entrances associated with Woodbrook Drive Extended. D. [Albemarle County Engineering Policy]VDOT approval of road plans and drainage computations. Per VDOT,the following must be provided: 1. A traffic impact study for total build-out. 2. Location of existing handicapped ramps(CG-12)at the Woodbrook/Berkmar intersection. 3. Coordination between developing entities concerning the placement of entrances onto the proposed Woodbrook Drive. E. [32.7.4.3.;Erosion and Sediment Control Ordinance] Albemarle County Engineering approval of an Erosion and Sediment Control Plan. F. [Albemarle County Engineering Policy]Albemarle County Engineering approval of detention plans and computations. If you have any questions concerning this subject,please contact Jack Kelsey or me at 296-5861. ASW/ctj File:a drfimoet3.ere C. W. HURT CONTRACTORS, INC. VIRGINIA LAND COMPANY BUILDING POST OFFICE BOX 8147 CHARLOTTESVILLE, VIRGINIA 22906 AREA CODE 804 TELEPHONE 979-8181 FAX 296-3510 February 29, 1996 Ms. Claudia Paine COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 RE: SDP 95-115 - MONTESSORI SCHOOL PRELIMINARY SITE PLAN Dear Ms. Paine: Pursuant to your memorandum dated February 10, 1996, please find attached plans for the above referenced project that address your comments for preliminary approval. r If you have any questions or need additional information, please do not hesitate to call. Sincerely, Pt vGc a Step en M. Melton Attachments 1 RECFR ir FEB 2 9 1996 Planning Dept i I of A 1414,4 -751 ® im COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 MEMORANDUM (VIA FAX AND REGULAR MAIL) TO: Steve Melton FROM: Claudia L. Paine - Senior Planner C DATE: February 10, 1996 RE: SDP 95-115-Montessori School Preliminary Site Plan - Revision dated 1/10/96 I have reviewed the revisions to the above-referenced site plan, submitted on January 10, 1996. The following items need to be addressed for preliminary approval: 1. Indicate parking setback line from road. Also, indicate building setback line from school property on south side of property. [32.5.6]. I also enclose the comments from the other agencies. Please call me if you have any questions or comments. CLP Attachments I\GENERAL\SHARE\CLAUDIA\SITEPLAN\0210BERK.CMT COUNTY OF ALBEMARLE RECEIVED pF i/ FEB 8 1996 OaN we Planning Dept, MEMORANDUM TO: Claudia Paine, Senior Planner FROM: Andre S. Williams, Civil Engineer II AgSIZ DATE: 8 February 1996 RE: Montessori School - Preliminary Site Plan(SDP-95-115) The Preliminary Site Plan received on 18 January 1996 has been reviewed. During review, the Zoning Department indicated that the proposed grading shown on parcels 93A1 and 108 (Phase 2) would not be approved with grading and construction associated with the Montessori School (Phase 1) site. With this new information, the following additional items must be addressed prior to Albemarle County Engineering approval of the preliminary site plan. [Each item is preceded by the applicable reference to the Zoning Ordinance, unless otherwise specified] 1. [32.5.6.d.]Show the proposed grading for construction of the Montessori School parking area,timber wall, and Woodbrook Drive only. The proposed grades for Phase 1 construction should tie into the existing grades associated with Phase 2. 2. [32.5.6.m.]Delineate and label the existing entrance to the Montessori School site. Indicate the improvements that are to be done upon completion of the Woodbrook Drive. Final site plan approval will be subject to Albemarle County Engineering approval of all final plan requirements and the following conditions: [Each item is preceded by the applicable reference to the Zoning Ordinance, unless otherwise specified.] A. [32.6.1.] The plans shall be sealed by an architect, professional engineer, land surveyor with a 3(b) license, or landscape architect licensed to practice in the Commonwealth of Virginia. B. [32.6.6.d.] Albemarle County Engineering approval of grading and drainage plans and computations. C. [Albemarle County Engineering Policy] Albemarle County Engineering approval of final public road plans. Delineate and label the existing entrance to the site and indicate what is to be done with the entrance following road construction. MEMORANDUM Montessori School - Preliminary Site Plan(SDP-95-115) 8 February 1996 Page Two D. [Albemarle County Engineering Policy]VDOT approval of road plans and drainage computations. Per VDOT, the following must be provided: 1. A traffic impact study for total build-out. 2. Location of existing handicapped ramps (CG-12) at the WoodbrookBerkmar intersection. 3. Coordination between developing entities concerning the placement of entrances onto the proposed Woodbrook Drive. E. [32.7.4.3.; Erosion and Sediment Control Ordinance] Albemarle County Engineering approval of an Erosion and Sediment Control Plan. F. [Albemarle County Engineering Policy]Albemarle County Engineering approval of detention plans and computations. If you have any questions concerning this subject, please contact Jack Kelsey or me at 296-5861. ASW/ctj File:andrbmon121 Sec eii 00 ti OF iALN n®' � ' v,P f. RGI1 COUNTY OF ALBEMARLE Department of Zoning 401 Mc Road Charlottesville, Virginia 229 02-4596FE , E (804) 296-5875 FAX (804) 972-4060 TDD (804) 972-4012 BAN 3 p 1996 MEMORANDUM Planning Dept TO: Claudia Paine, Sr. Planner �- FROM: Jan Sprinkle, Zoning Assistant, ��S DATE: January 30, 1996 RE: Montessori School (Berkmar Drive) Preliminary Site Plan Revision Dated 1/10/96 SDP-95-115 Please have the applicant address the following items prior to Zoning approval. 1. The Phase Two grading cannot be done with the approval of Phase One. (See the previous zoning comments regarding Section 4.3, Tree Cutting.) Therefore, the applicant should show where the grading associated with Phase One ends. On sheet 2, the note regarding grading needs to be changed to state that, "Grading for Phases Two, Three and Four is NOT approved with Phase One." 2. If the rezoning pending on this property and parcel 93A1 has not been approved prior to final site plan on this site, the setback lines will need to be changed to reflect the current R6 zoning. A landscape plan in accord with Section 32.7.9 will also have to be submitted to reflect the screening required from residential districts around the parking lot. To: Claudia Paine From: Pete Gorham Subject: SDP-95-115 Montessori School Date: 1/26/96 Time: 11:11AM I've reviewed the preliminary site plan for the above referenced project and can grant preliminary approval. Prior to granting tentative approval we will need to receive and approve final construction drawings for the water and sewer extensions. Let me know if you have any questions. 977-4511 x 115 J A N - 2 5 - 9 6 T H U 1 2 : 2 3 VA LAND CO P _ 0 1 VIRGINIA LAND COMPANY1[13 REALTORS or cid tt.crr S`"Vtt.f..c. INC. t 93 V� ° Q t8C4• ° T�TT • FAX f � �a "RECEIVED M 2 5 199b Planning9A Dept. D : . 5-`740 : lc Riz.00R 117, TO.2 • �� TOTAL 213. Cr P3-G.r�:S (L' C UD 'G 5 P3.G .') :..,, PLEASZ DELITICS TE! rCLLCWIyYG PAGZS 2,5 rCL,LCWS: - TO: It ti+ ' (S) :_ (0.ct,,r-e- , !! I t. c,,,• a ADD-111.1:SS ___ PEON" NO: 25G • 6Vof Fax NO: q7,2 -`-'o3 at: .NTA...::: (s) ...,,,Sts,p e_ `.- ADDR.5S i PEG/CF. NC: cr- -F(81 FAX. ITC: 5 .- &`^f 5 �,. r you. c.c not receive all paces or eiczeirienca any reception problems, pleasa phone aid ask far L' SSAGZ/IIISTRTICTT.ONS: _______Cipit2.4 C.,1-4`CA. S. - s.-1 gr c 4) _, ( C)-,00 Ntigc,,r i t:rt: coot.... , (4,7Ap#1.- t",1 VA-52. cCtPts 30 Q e•t S L I 're' S CI 0(.1 c(44 yl.�;' (6;. ArtIM aPCPCZ;ZPS ` ill 41I L.Zro7tS • ty.1NO 0CV Ca=Pt' - P7rtCt"Zrrt-r MI►4ACV,C1 J A N - 2 5 - 9 E T H U 1 2 : 26. V A LAND CO P _ 0 1 January 5, 1996 County of Albemarle Dept. of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 To whom it may concern: This letter is to acknowledge that Charles W. Hurt and Stephen M. Melton are authorized to act as my agent in the application process of rezoning my property on State Route 659 further identified as Tax Map 45 Parcel 91. This letter also grants permission for Berkmar Land Trust the adjacent property owner to grade/excavate on the above mentioned property. Sincerely, William W. Stevenson 406 Wellington Drive Charlottesville, VA 22901 . ...TAN - 25 - 9a THU 1 2 : 26 VA LAND CO P - E"' 2 OPTION THIS OPTION is made and entered into by and between FIRST INTERSTATE CHARLOTTESVILLE LIMITED PARTNERSHIP, an Ohio limited partnership (the "Seller") and CHARLES W. HURT (the "Buyer"). Section 1 - Granting of Easement and Option to Purchase (a) For the consideration of the mutual agreements herein contained and the sum of Five Thousand Dollars ($5,000.00) (the "Option Consideration") the adequacy, receipt and sufficiency of which are hereby acknowledged, the Seller hereby gives and grants unto the Buyer the exclusive right, privilege and option (the "Option") to purchase and take from the Seller, together with all appurtenances, hereditaments, rights, privileges and easements belonging or in any way appertaining thereto, that parcel of land situated in Charlottesville, Albemarle County, Virginia, more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Optioned Premises"). The Buyer acknowledges that the Option Consideration is solely consideration for the Seller's granting this Option and granting the Easement (as defined below) and that the same is non-refundable and non-applicable to the Purchase Price (as hereinafter defined). (b) The Option may be exercised at any time on or before March 31, 1997 (the "Option Period") by the Buyer delivering to the Seller written notice (the "Buyer's Notice") of the Buyer's election to exercise the Option and purchase the Optioned Premises in accordance with the terms and conditions hereof, time being of the essence. Following delivery of the Buyer's Notice, the Seller shall convey the Optioned Premises to the Buyer in accordance with the terms and provisions hereof. If Buyer fails to exercise the Option during the Option Period, this Option shall become null and void and shall be of no further force or effect. (c) Buyer and Seller further acknowledge the adequacy, receipt and sufficiency of the Option Consideration for granting to the Albemarle County Service (the "Authority"), a twenty foot sanitary sewer line easement (the "Easement") on the terms to be agreed upon by Seller and the Authority. (d) Buyer may record this Option with the Clerk's Office of the Circuit Court of Albemarle County (the "Clerk's Office") at Buyer's sale cost and expense. Upon termination of the Option by (i) expiration of the Option Period; or (ii) Seller's written notice of termination in accordance with Section 13(a) below, Seller may immediately file with the Clerk's Office a termination of the Option executed by Seller. f TED\TED173429.2 TAN - 25 - 9E. THU 12 : 28 VA LAND CO F' - © ,=' Section 3 - Purchase Price (a) The price (the "Purchase Price")to be paid by the Buyer to the Seller for the Optioned Premises shall be Fifty Thousand and No/100ths Dollars ($50,000.00). (b) The Purchase Price shall be payable by depositing funds in the full amount of the purchase price into escrow prior to closing in accordance with Section 9 of this document. Section 3 - Instruments of conveyance (a) The Seller shall convey fee simple title to the Optioned Premises to the Buyer by good and sufficient warranty deed (the "Deed"), free and clear of all liens and encumbrances, except for the following matters (the 'Permitted Exceptions"): (i) easements, covenants, conditions, restrictions, reservations and other matters of record; (ii) real estate taxes and assessments, both general and special, not yet due and payable; (iii) zoning, building, subdivision, environmental and rules and regulations; (iv) any state of facts which would be disclosed by a current survey of the Optioned Premises; (v) any state of facts an inspection of the Optioned Premises would show; and (vi) liens and other encumbrances placed upon the Optioned Premises as a result of Buyer's actions set forth herein. (b) The Deed shall provide that Seller, its successors and assigns, shall retain the right, upon Buyer's consent,which consent shall not be unreasonably withheld, to tie . in to any existing or future utility line upon the Optioned Premises for the benefit of Seller's property currently known as the Rio Hill Shopping Center, as more fully described on EXHIBIT "B" attached hereto and made part hereof and made part of the Deed. Section 4 - Title Evidence On the Closing Date, the Buyer shall obtain an A.L.T.A. Owner's Policy of Title Insurance (the "Title Policy") in the amount of the Purchase Price showing fee simple title in the Optioned Premises to be in the Buyer subject only to the Permitted Exceptions and the so-called "printed" or "standard exceptions" as of the Closing Date. The Title Policy TED\TED\73429.2 J A N - 2 5 - 9 6 T H U 1 2 : 2 9 VA LAND CO F - U 1 • ' • shall be issued by a title company mutually agreed upon by Buyer and Seller (the "Title Company"). Section 5 - Title Defects (a) Upon sending Buyer's Notice,the Buyer shall order from the Title Company a commitment for the Title Policy (the "Commitment"), and cause a copy of the same to be delivered to the Seller. Within five (5) days after the receipt of the Commitment, time being of the essence, the Buyer shall serve on the Seller a notice specifying those exceptions to title, if any, which are not Permitted Exceptions as set forth in Section 3 above (the "Title Defects"). If the Buyer shall fail to so notify the Seller of any Title Defects, the Buyer shall be deemed to have approved all exceptions to title shown on the Commitment. (b) Upon receipt by the Seller of the Buyer's notice of Title Defects, the Seller shall have thirty (30) days after receipt of notice in which to cure such Title Defects (or, if the Title Defects are not readily curable within said thirty (30) day period, then the Seller, at Seller's election, may have such additional reasonable time, in which case, the Closing Date shall be extended accordingly (the "Cure Period"). Seller shall be under no obligation to cure any Title Defects. Should the Seller `a i or refuse to cure the Title Defects within the Cure Period, the Buyer shall have the option to: (i) accept the Optioned Premises subject to the Title Defects, without reduction in Purchase Price; or (ii) declare this Agreement to be null and void and of no further force or effect, in which case all sums paid or deposited by the Buyer (excluding the Option Consideration) shall be returned to the Buyer, and the parties shall equally share all escrow costs incurred under this Agreement. (c) The Buyer shall notify the Seller of its election of alternative (i) or (ii) above within five (5) days after receipt of notice from the Seller of its inability or refusal to cure the Title Defects. If the Buyer fails to so notify the Seller within the aforesaid time period, the Buyer shall be'deemed to have elected alternative (i) above. Section 6 » Escrow Agent The Title Company shall act as escrow agent (the "Escrow Agent"). A copy of this Agreement shall be delivered to the Escrow Agent, and shall constitute instructions to the Escrow Agent, subject to the terms and conditions of its regular and usual printed form of acceptance, insofar as such terms and conditions are applicable and consistent with this Agreement_ TV:ME:0\73429.2 JAN - 25 - 9E. THU 1 2 = 30 `tires LAND CO P ' 'mac • Section 7 - Prorations Real estate taxes and assessments, both general and special, shall be assumed by the Buyer. Section ,8 - Closing Date The "Closing Date" shall be April 15, 1997, or such earlier date as the Buyer and Seller may agree, provided all terms and conditions of this Agreement, including those conditions set forth in Section 12, have been fulfilled. Section 9 - Deposition of Funds.and Documents (a) All funds and documents required from the Seller and the Buyer shall be deposited in escrow with the Escrow Agent on or before the Closing Date. (b) The Seller shall deposit in escrow with the Escrow Agent the following: (i) the fully-executed Deed. (c) The Buyer shall deposit in escrow with the Escrow Agent the following: (i) the balance of the Purchase Price as herein provided_ Section is) - Closing Procedures On the Closing Date, at such time as the Escrow Agent has in its possession all funds and documents required from the Seller and the Buyer and, provided all conditions to closing are either fulfilled or waived, the Escrow Agent shall do the following: (a) Record the Deed. (b) Deliver to the Seiler copies of all documents deposited by the Buyer or the Seller, a copy of the Settlement Statement and the funds in its possession to the credit of the Seller, after charging the Seller and deducting from such funds: (i) the Grantor's deed tax; and (ii) any amount due the Buyer by reason of prorations hereunder. (c) Deliver to the Buyer the recorded Deed and the funds in its possession to the credit of the Buyer, if any, after charging the Buyer and deducting from such funds: (i) all recording costs other than Grantor's deed tax; (ii) the cost of the title commitment, title examination and Title Policy; (iii) escrow fees, if any; and (iv) any amount date the Seller by reason of prorations hereunder. 1y na29.2 J A N - 2 5 - 9 E T H U 1 2 : 3 2 V A LAND C O P - 0 E • Section 11 - Condition of Optioned Premises The Buyer acknowledges that it has inspected the Optioned Premises and that it shall accept the same in its "as is" condition as of the Closing Date and shall assume all environmental conditions of the Optioned Premises. The Seller has made no representations or warranties with respect to the Optioned Premises except as otherwise stated herein. Section 12 - Conditions to Closing Notwithstanding anything herein contained to the contrary, the Seller's obligations hereunder are subject to and,conditioned upon obtaining consent by Seller's mortgagees to the release of the Optioned Premises from any deeds of trust encumbering the same. Section 13 - Grading (a) Buyer shall fill and grade the Optioned Premises to a compaction level which would satisfy all governmental authorities, meet all building engineering standards and permit commercial construction upon the Optioned Premises by the date which is twelve (12) months from the date hereof. If Buyer has not completed filling and grading the Optioned Premises to the requisite engineering standards by the date which is twelve (12) months from the date hereof, Seller may terminate this agreement by written notice to Buyer. (b) If required by local building codes and/or municipal, state, federal or any other governmental laws, rules or regulations, Buyer agrees to install a box culvert, piping or other means of protecting the flow of water across the Optioned Premises in accordance with applicable engineering standards. (c) Buyer shall obtain all necessary governmental permits to fill and grade the Optioned Premises to compaction standards and, if required, to install a box culvert or piping, or to take other necessary actions to protect the flow of water across the Optioned Premises. (d) Seller shall permit Buyer and Buyer's agents to enter the Optioned Premises during the Option Period for purposes of filling and grading the Optioned Premises and, if required, installing a box culvert or piping, or taking other necessary actions to protect the flow of water across the Optioned Premises. (e) Buyer hereby agrees to indemnify, defend and hold harmless Seller, its agents and assigns from any and all claims arising from damage to persons or property resulting from any accident or occurrence in connection with or arising out of Buyer's entry onto the Optioned Premises, the filling and grading of the Optioned Premises and/or TEDITED\73429.2 C J A H - 2 5 - 9 E. T H U 1 2 : 3 3 V A LAND C O P - '=' the installation of a box culvert or piping or other means of protecting the flow of water across the Optioned Premises. (f) Buyer hereby warrants and represents that, upon completion of filling and grading, the Optioned Premises will satisfy all governmental building compaction standards. (g) If, because of any act or omission of Buyer or anyone claiming through or under Buyer, any mechanics or lien or order for the payment of money is filed against the Optioned Premises, Buyer shall, at Buyer's sole expense, cause the same to be cancelled and discharged of record within thirty (30) days after the date of filing, and shall indemnify and save harmless the Seller against any and all costs, expenses, claims, losses or damages, including reasonable counsel fees, resulting from the lien or Buyer's failure to release the same. (h) Buyer shall carry and maintain public liability insurance on the Optioned Premises throughout the Option Period and until closing and, if the Option is exercised, until closing, with terms and conditions satisfactory to Buyer. This policy shall be cancelled only upon ten (10) days prior written notice to Seller and Buyer, and Buyer shall be an additional insured on this policy. Prior to the commencement of the Option Period, Seller shall furnish Buyer with a copy of the policy or certificate evidencing that the insurance is in full force and effect and stating the terms of the insurance. (i) Any work performed on the Optioned Premises during the Option Period shall be performed solely for Buyer, and no lien shall attach to Seller's fee interest in the Optioned Premises. (}) The paragraphs of this Section 13 shall survive closing. Section 14 - Miscellaneous (a) This Agreement constitutes the entire agreement between the parties hereto with respect to the transactions herein contemplated. Any modifications or amendments . to this Agreement shall be effective only if in writing and executed by each of the parties hereto. (b) Any notice from the Seller to the Buyer, or from the Buyer to the Seller, shall be deemed duly served if mailed by registered or certified mail, return receipt requested, addressed, if: TEDITEDA73429.2 J A N - 2 5 - 9 E. T H U 1 2 : 3 4 V A LAND C O " As to Seller: First Interstate Charlottesville Limited Partnership c/a Lawrence Sherman 2600 Erieview Tower 1301 East Ninth Street Cleveland, Ohio 44114 As to Buyer: Charles W. Hurt 195 Riverbend Drive P.O. Box 8147 Charlottesville, Virginia 22906 Either party hereto may change the name and address of the designee to which notice shall be sent by giving notice of such change to the other party hereto as hereinbefore provided. (c) Buyer may not assign its rights or obligations under.this agreement without the prior written consent of the Seller. (d) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. (e) The covenants, agreements and obligations of the parties to this Option shall survive the closing. IN WITNESS WHEREOF, the Seller has hereunto set its hand this 1/(/"1'' day of 1, 1995, and the Buyer has hereunto set its hand thisai-t, day of April, 1995. WITNESSES: FIRST INTERSTATE CHARLOTTESVILLE LIMITED PARTNERSHIP, an Ohio limited partnership By: Interstate Centers Company, an Ohio corporation, its general partner • "Seller" CHARLES W. HURT "Buyer" TED\TL•D T3429.2 J A N - 2 S - 9 o T H U 12 3 S VA LAND CO • STATE OF OHIO ) ) SS: COUNTY OF CUYAHOGA ) BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-named FIRST INTERSTATE CHARLOTTESVILLE LIMITED PARTNERSHIP, an Ohio limited partnership, by Interstate Centers Company, an Ohio corporation, its general partner,by4 -4Jet.-rE (' swop& ,its Pis-()sour , who acknowledged that he did sign the foregoing instrument and that the same is the free act and deed of said limited partnership and said corporation and his free act and deed, personally and as such officer. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at Cleveland, Ohio, this ! day of klApril, 1995. OTARY PUBLIC KAREN E.HENNING Notary Public-State of Ohio,Cuya.Cty. My Commission Expires June 19. 1999 STATE OF VIRGINIA ) ) SS: COUNTY OF 744LF1z`,1'e} BEFORE ME, a Notary Public in and for said County and State, personally appeared the above-named Charles W. Hurt, who acknowledged that he did sign the foregoing instrument and that the same is his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at CLt„,„-1,: #475,, ((e_ , Virginia, this.,2 1 day of April, 1995. NOTAR tYYUB LIC 4Art(as C 13L /L2-‘" • TED\TEB173429,2 J A N - 2 5 - 9 E. T H U 1 2 : 3 E. VA LAND CO • X1-1IBIT e"A►r Located in the County of Albemarle, State of Virginia: Consisting of 1.065 acres and being known as "Parcel F" as filed with the Clerk's Office of the Circuit Court of Albemarle County at Deed Book 985, Page 725. Also known as Tax Map 45, Parcel 108 of the Albemarle County Real Estate Assessor's Office. TED\DRW\78139 I J A N - 2 5 - 9 5 T H U 1 2 : 3 7 % A LAND CO P _ 1 1 • EXHIBIT "B" BEGINNING at an iron pin in the western margin of U. S. Route 29, a corner with Tax Map 45, Parcel 9484 thence with saidl Parcel N 72 degrees 48' 18" W, 1031.06 feet to an iron pin, a corner with Parcel 94B in the line of Tax Map 45, Parcel 173, thence. with Parcel 173, N 3 degrees 32' 56" W, 113.14 feet to an iron pin and N 5 degrees 53' 23" W, 189.48 feet to a corner with Parcel 173, thence continuing with Parcel 173, S 80 degrees 46' 14" W, 175.00 feet to a point in line of Parcel 173 on the eastern margin of "Proposed Berkmar Drive" , thence with sa.id. proposed street, N 20 degrees 21' 54" E, 434.57 feet to the point of curva.ttire of a curve to the right having a radius of 1192.47 feet and with said curv0 total arc distance of 576.2D feet to the point of tangency, thence N 48 de tees 03' 01" E, 285.01 feet to the point of curvature of a filet curve to the right at the intersection with "Proposed Woodbrook Drive", thence with said curve having a radius of 35.00 feet for an arc distance of 54.98 feet to a point in the southern margin of "Proposed Woodbrook Drive", thence with said street S 41 degrees 56' 59" E, 920.63 feet to ,the point of curvature of a curve to the left having a radius of 990.77 feet, thence with said curve for an. arc distance of 139.25 feet, thence leaving "Proposed Woodbrook Drive", S 29 degrees 40' 36". W, 191.23 feet to a point, thence S 40 degrees 54' 07" E, 225.00 feet to a point in the western margin of U. S. Route 29, thence with said western margin S 29 degrees 40' 36" W, 115.09 feet; S 31 degrees 52' 07" W, 143.41 feet; S 34 degrees 06' 53" W, 135.00 feet; and S 29 degrees 18' 00" W, 222.67 feet to the BEGINNING, containing 34 .2987 acres which includes portions of Tax Map 45, Parcel 93C; Tax Map 45, Parcel 93A, Tax Map 45, Parcel 108; Tax Map 45,• Parcel 94; and all of Tax Map 45, Parcel 94A. Less and except the following parcel of property conveyed by First Interstate Charlottesville Limited Partnership to Paul T. Holdren and N. Jean Holdren, husband and wife, by deed dated October 2, 1990 and recorded in the Clerk's Office of Albemarle County, Virginia, on October 4, 1990 at D.B. 1123, Page 374: All that certain lot or parcel of land shown on a plat of Roudabush, Gayle & Associates, Inc. dated February 9, 1990 and captioned "Plat Showing Outlot 'C' , a Division of Parcel 94-A, Tax Map 45", a copy of which plat is attached to and recorded as a part of the foregoing deed. • • Said property is a portion of Parcel D conveyed to First Interstate Charlottesville Limited ,Partnership by Ihirt Investment Company, Incorporated bydeed dated March 31 , 1988. and recorded in the Clerk's Office of Albemarle County, Virginia, on April 1 , 1988, at D.B. 985, Page 0706, as shown on plat by Roudabush, Gayle & Associates, Inc. captioned "Plat Showing Parcel A, B, C, 0, E, and F to be Acquired by First Interstate Charlottesville Limited Partnership" dated March IS, 1988 and recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in D.B. 985, Page 709. NOTE: Landlord reserves the right to amend the above legal description at Landlord's sole discretion. JAN - 25 - 9ES. THU 1 2 : 39 40A LAND CO P _ 1 2 • COMMONWLALTB OF VIRGINIA 0 AL3 9FRL 4IENrC URURT DEED RECEIPT DATE: 06/09/55 TINE: 11:iv':09 ACCOUNT: 003CLR9500049O6 RECEIPT: 350O0G07p53 C SSHIE : T3N RES: fit' -ME: DEED PAYMENT: FULL PAYIENI INSTSJMENT : 950004506 BOOK: 0 PARE: 0 RECORDED: 06l02/95 AT 1:11 FARM NAME : FIRST INTERSTATE CHVILLE ?IM EX: R LOCAi.ITY: CO • GRANTEE NAME : HURT. CHARL`S N. EX: H PERCENT: 100% AND ADDRESS : NJ RECEIVED OF : MCCALLUM AND KUDRAVETZ DATE OF DEED: 0511EI9S CHECK : S29,00 DECEPTION 1: CONSISTING OF 1.065 ACRES 2: CONSIDERATI l: 5.000.00 ASSUME/VAL: .00 MAP: CODE DESCRIPTION PAID CODE DESCRIPTION PAID 301 DEEDS 18.00 145 VSLF 1,00 029 DEEDS AND CONTRACTS 7.50 213 COUNTY GRANTEE TAI 2.50 TENDERED • 25.0+0 AMOUNT PAID: 29.00 CHANGE AMT : .00 CLERK OF COURT: SHELBY 7. MARSHALL 0C.18(11/94) 40 SO ��OF ALg6 kIRGIT•WP COUNTY OF ALBEMARLE Department of Inspections 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5832 MEMORANDUM To: Claudia Paine - Senior Planner From: Jay Schlothauer-Deputy Director of Inspectionr?ik Date: January 22, 1996 Re: Montessori School (SDP-95-115) (plans revised January 10, 1996) The following comments are from the Inspections Department and the Fire/Rescue Division. It is not necessary that these comments be addressed for preliminary approval, but they must be satisfactorily addressed prior to final plan approval. 1. Verify that adequate fireflow is available. Required fireflow is 1,400 gpm @ 20 psi. (Albemarle County Zoning Ordinance, Section 32.7.6) JS/js cc: Bruce Crow -Fire/Rescue Pete Gorham- ACSA file RECEIVED JAN 2 4 1996 Planning. Dept. ' III 9� ��RGIN�P COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 MEMORANDUM TO: ✓Andre Williams, Engineering Jay Schlothauer, Building Inspections /Pete Gorham, Service Authority ✓Janice Sprinkle, Zoning ✓J. H. Kesterson, VDOT (via Engineering) FROM: Claudia L. Paine, Senior Planner C1,4) DATE: January 18, 1996 RE: Revisions to SDP-95-115 - Montessori School Preliminary Site Plan I enclose a copy of the above-referenced revised preliminary site plan. Please review this revised plan and send your written comments to me by Monday, January 29, 1996. CLP cc: William D. Fritz I\g\s\c\siteplan\0118mont.mem `i-v e s t- e G`h° . C. W. HURT CONTRACTORS, INC. VIRGINIA LAND COMPANY BUILDING POST OFFICE BOX 8147 CHARLOTTESVILLE, VIRGINIA 22906 AREA CODE 804 TELEPHONE 979-8181 FAX 296-3510 January 10, 1996 Mr. William D. Fritz County of Albemarle Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 RE: Montessori School- SDP-95-115 - Preliminary Site Plan Site Review Committee Comments Dear Bill: Pursuant to your memorandum dated December 28, 1995 attached is a package that represents the revisions and changes required by the various agencies on the above referenced project. Please do not hesitate to call if you have any questions. Sincerely, AL 0. it(a_gov____ Stephen M. Melton end. JIIIII 414:7 ,' COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 MEMORANDUM TO: Steve Melton FROM: William D. Fritz, Senior Planner 091 DATE: December 28, 1995 RE: Site Review Committee Comments - SDP-95-115 - Montessori School Preliminary Site Plan The Site Review Committee reviewed the above referenced plan/plat on December 28, 1995. Pertinent comments from the following agencies are attached: • Planning Department - contact Planner - 296-5823 • County Engineer & Watershed Resources Management - contact Glenn Brooks/Andre' Williams - 296-5861 • Fire Officer - contact Jay Schlothauer - 296-5832 • Service Authority - contact Pete Gorham - 977-4511 no o Health Department - contact Gary Rice - 972-6259 • Virginia Department of Transportation - contact Bill Mills/John DePasquale - (703) 829-7547 o Soil Conservation Service - contact Gordon Yager - 296-9337 • Zoning - contact Janice Sprinkle - 296-5875 The Committee's comments will reflect information available at the time the plan/plat was reviewed, but should not be considered final. Please revise the plan/plat to include the attached comments and submit seven (7) full size copies and one 11" x 17" copy of the revised plan/plat no later than 5:00 p.m. January 8, 1996. Site Review Comments - Montessori School Page 2 December 28, 1995 No plan/plat will be approved administratively or scheduled for Planning Commission review until all necessary information and items marked with ** on the comments are submitted, in a form satisfactory to the Director of Planning and Community Development. Provided that you meet the stated deadline for revisions, and the revisions are satisfactory, your plan/plat will be reviewed under the Planning Department's administrative review process unless the plan is appealed by a member of the Planning Commission or Board of Supervisors or an adjacent property owner by January 8, 1996. If necessary the application would be heard by the Planning Commission on January 30, 1996, 7:00 p.m.,Meeting Room #241, Second Floor County Office Building, 401 McIntire Road. THE APPLICANT OR REPRESENTATIVE MUST BE PRESENT AT THE PLANNING COMMISSION MEETING. The Planning Commission will not review plans/plats which occasion sight distance, grading, or other easements (excluding those for public utilities), without evidence from the developer that permission is obtainable. This evidence must be submitted by the revision deadline for this item to proceed to the Planning Commission at the above- noted date. In such case in which the developer does not revise the plan to include recommendations of the committee, the developer shall submit in writing to the agent by the revision date a statement as to the reasons and justification for not incorporating such recommendations in the revised plan. Thank you. WDF/blb cc: B. Aubrey Huffman Associates Limited Berkmar Land Trust SITE REVIEW COMMENTS - SDP-95-115 - MONTESSORI SCHOOL PRELIMINARY SITE PLAN AMENDMENT The following items must be addressed by the revision deadline January 8, 1996. in order to be eligible for administrative approval or to remain tentatively scheduled for Planning Commission review on January 30, 1996. If you choose not to incorporate a comment of the Site Review Committee, you should submit a written justification detailing the reason the revision was not made. All information, studies, maps, arguments, or other materials which you wish to be considered by the Planning Commission must be submitted in writing to this Department no later than the revision deadline. Information submitted after this date or during the public hearing will not be considered by the Planning Commission in its deliberation. If the plan is not resubmitted by the revision deadline, your item will be removed from the Planning Commission's tentative agenda and rescheduled after this Department has had an opportunity to review the revised plan. For your use I have included references to applicable provisions of the Zoning Ordinance ** 1. Indicate minimum setback lines. [32.5.6a]; ** 1/2. Boundary dimensions for the northern boundary have not been provided. [32.5.6a]; The property owners name listed on the front page and on the site plan sheets is different, please clarify. ** 4. Review the comments of other agencies and revise the plan accordingly; ** 5. Submit an 11 x 17 inch reduction of the revised plan. • ALBEVARLE COU \TY SERVICE AUTHORITY VEVO To: William D. Fritz, Senior Planner FROM : Peter C. Gorham, Civil Engineer II DATE: December 28, 1995 RE: Site Plan Technical Review for:Montessori School Preliminary Site Plan Amendment (TM 45, Par. 91,93A1, 108, 109C) The below checked items apply to this site. X 1. This site plan is within the Authority's jurisdictional area for: X A. Water and sewer B. Water only C. Water only to existing structure D. Limited service X 2 . A 30" waterline is located approximately 250' distant. 3 . Fire flow from nearest public hydrant, located distant from this site plan, is gpm+ at 20 psi residual. X 4 . An 8" sewer line is located 300' distant. 5. An Industrial Waste Ordinance survey form must be completed. X 6. No improvements or obstructions shall be placed within existing or future easements. 7 . and plans are currently under review. 8 . and plans have been received and approved. 9 . No plans are required. X 10. Final water and sewer plans are required for our review and approval prior to granting tentative approval. 11. Final site plan may/may not be signed. X 12 . RWSA approval for water connections. Comments: The site plan does not show or incorrectly shows: X meter locations X waterline size waterline locations X sewer line size sewer line locations expected wastewater flows X easements expected water demands SDP-95-115 t COUNTY OF ALBEMARLE of 475'. MEMORANDUM TO: William D. Fritz, Senior Planner FROM: Andre S. Williams,Civil Engineer II dent) DATE: 28 December 1995 RE: Montessori School- Preliminary Site Plan(SDP-95-115) Watershed Boundary- South Fork Rivanna River Watershed, Carrsbrook Subwatershed. Streams/Watercourses- There is an intermittent stream to the northeast which this site drains towards. There are no watercourses located on the site. Wetlands-No wetlands are associated with this site. Water Resources Protection Areas Ordinance-Does not apply to this site. Runoff Control Ordinance-Does not apply to this site. The Preliminary Site Plan received on 14 December 1995 has been reviewed. The plan is a proposal to establish a day care facility with associated parking and entrance road. During review, several items of concern were identified. Albemarle County Engineering will recommend approval of the preliminary site plan when these following items have been addressed. [Each item is preceded by the applicable reference to the Zoning Ordinance, unless otherwise specified.] 1. [32.5.6.a] Provide Map and Parcel number for the lot being developed in the Phase 1 construction. 2. [32.5.6.i.] Label the proposed road right-of-way lines and indicate the right-of-way width. Specify pavement type and width or provide a typical section. Note whether the road is to be public or private. 3. [32.5.6.m.] Label the distances from the entrance centerlines to the nearest street intersection. 4. [32.5.6.s.; VDOT] Delineate and label the sight distance for the proposed entrance. 5. [32.5.6.k.] Delineate and label the proposed waterline connection to the existing building. MEMORANDUM Montessori School -Preliminary Site Plan(SDP-95-115) 28 December 1995 Page Two 6. [32.5.6.k.] Delineate and label the following easements: a. Sanitary sewer easements over all sewer pipes and structures. b. Storm sewer easements over all drainage pipes and structures outside of the proposed right- of-way. c. Off-site construction easements for those parcels not owned by the Berkmar Land Trust. 7. [32.5.6.s.] Label the radii and edge-of-pavement for the proposed turnout to Parcel 93A1. 8. [32.5.6.s.] Label the curb and gutter(CG-6)on the west side of the proposed road, and specify that the detail for the typical sidewalk section is for the sidewalk located within the parking area. Final site plan approval will be subject to Albemarle County Engineering approval of all final plan requirements and the following conditions: A. [32.6.1.] The plans shall be sealed by an architect,professional engineer, land surveyor with a 3(b) license, or landscape architect licensed to practice in the Commonwealth of Virginia. B. [32.6.6.d] Albemarle County Engineering approval of grading and drainage plans and computations. C. [Albemarle County Engineering Policy]VDOT approval of road plans and drainage computations. See attached comments. D. [32.7.4.3; Erosion and Sediment Control Ordinance] Albemarle County Engineering approval of an Erosion and Sediment Control Plan. E. [32.5.611 Albemarle County.Engineering receipt of copies of slope and off-site and construction easements. F. [Albemarle County Engineering Policy]Albemarle County Engineering approval of detention plans and computations. If you have any questions concerning this subject, please contact Jack Kelsey or me at 296-5861. ASW/ctj Attachments Fle:andremonti.sc COUNTY OF ALBEMARLE MEMORANDUM TO: William D.Fritz, Senior Planner FROM: Andre S. Williams,Civil Engineer II /€bJ DATE: 28 December 1995 RE: Montessori School- Preliminary Site Plan(SDP-95-115) Watershed Boundary- South Fork Rivanna River Watershed. Streams/Watercourses-No streams or watercourses are associated with this site. Wetlands-No wetlands are associated with this site. Water Resources Protection Areas Ordinance-Does not apply to this site. Runoff Control Ordinance- Does not apply to this site. The Preliminary Site Plan received on 14 December 1995 has been reviewed. The plan is a proposal to establish a daycare facility with associated parking and entrance road. During review, several items of concern were identified. Albemarle County Engineering will recommend approval of the preliminary site plan when these following items have been addressed. [Each item is preceded by the applicable reference to the Zoning Ordinance, unless otherwise specified.] 1. [32.5.6.a] Provide Map and Parcel number for the lot being developed in the Phase 1 construction. 2. [32.5.6.i.] Label the proposed road right-of-way lines and indicate the right-of-way width. Specify pavement type and width or provide a typical section. Note whether the road is to be public or private. 3. [32.5.6.m.] Label the distances from the entrance centerlines to the nearest street intersection. 4. [32.5.6.s.; VDOT] Delineate and label the sight distance for the proposed entrance. 5. [32.5.6.k.] Delineate and label the proposed waterline connection to the existing building. 6. [32.5.6.k] Delineate and label the following easements: a. Sanitary sewer easements over all sewer pipes and structures. b. Storm sewer easements over all drainage pipes and structures outside of the proposed right- of-way. MEMORANDUM Montessori School -Preliminary Site Plan(SDP-95-115) 28 December 1995 Page Two c. Off-site construction easements for those parcels not owned by the Berkmar Land Trust. 7. [32.5.6.s.] Label the radii and edge-of-pavement for the proposed turnout to Parcel 93A1. 8. [32.5.6.s.] Label the curb and gutter(CG-6)on the west side of the proposed road, and specify that the detail for the typical sidewalk section is for the sidewalk located within the parking area. Final site plan approval will be subject to Albemarle County Engineering approval of all final plan requirements and the following conditions: A. [32.6.1.] The plans shall be sealed by an architect, professional engineer, land surveyor with a 3(b) license, or landscape architect licensed to practice in the Commonwealth of Virginia. B. [32.6.6.d] Albemarle County Engineering approval of grading and drainage plans and computations. C. [Albemarle County Engineering Policy]VDOT approval of road plans and drainage computations. See attached comments. D. [32.7.4.3; Erosion and Sediment Control Ordinance] Albemarle County Engineering approval of an Erosion and Sediment Control Plan. E. [32.5.6 j] Albemarle County Engineering receipt of copies of slope and off-site and construction easements. F. [Albemarle County Engineering Policy]Albemarle County Engineering approval of detention plans and computations. If you have any questions concerning this subject, please contact Jack Kelsey or me at 296-5861. ASW/ctj Attachments File:audrf/montl.ac P®� I7 COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 TDD (804) 972-4012 MEMORANDUM TO: Bill Fritz, Sr. Planner FROM: Jan Sprinkle, Zoning Assistant DATE: December 27, 1995 RE: Montessori School Site Plan and Berkmar Drive Retail Office Complex SDP-95-115 Please have the applicant address the following comments prior to zoning approval. 1. The day care center shown is allowed by SP-95-15. However, the remainder of this site plan is dependent on the rezoning approval since office and retail are not allowed uses in the R-6 zone. If the rezoning is not approved, only phase one of this plan may be approved. If the rezoning is approved, the setbacks from Section 21.7 including the 50 foot building and 20 foot undisturbed buffer adjacent to the residentially zoned properties must be shown. Since there is grading shown in the area that will be undisturbed buffer, the applicant needs to request a waiver in accord with Section 21.7.3. 2. Section 4.3, Tree Cutting allows that certain trees in this zoning district may be cleared as an incident to the preparation of land for the establishment of some other use permitted in the district provided that either the use is exempt from site plan requirements or that the final site plan is in accord with §32. If the removal of trees is necessary for phase one, the final approval of this phase will necessitate the landscape and screening requirements of §32.7.9 to be met in all areas of the necessary grading. r►� _ G3. This plan shows construction on slopes of 25% or greater which is contrary to §4.2.3.2. To proceed, the applicant needs to file a written request for PC modification in accord with §4.2.5. 4. Please add to general note #11 the second sentence of§4.12.6.4, Lighting: "Lighting spillover onto public roads and properties zoned residentially or rural areas shall not exceed one-half foot candle." 5. Please add SP-95-15 to the proposed use, day care center line under "land use data notes" and delete it from its current location. Also delete the references to VA-88-57 and ZMA-77-03 since they do not apply to this property. Page 2 December 19, 1995 Mr. Jack M. Kelsey Site Review Meeting SDP-95-115 Montessori School Preliminary Site Plan Amendment, Rt. 1403 1. Provide traffic impact study for total build-out of proposed 4 phases. 2. Indicate location of entrances for each phase, location may impact storm sewer requirements. 3. Lane markings for proper signal function will be required. 4. Road plans along with drainage calculations will need to be submitted for review. SUB-95-119 Glenmore Section P-2A Final Plat, Route 250 E. No comments, did not receive any plat. If you should have any question, or require any additional information, please advise. Sincerely, c27: t'/ J. H. Kesterson Per. & Sub. Spec. Supv. JHK/ldw cc: J. A. DePasquale 2 N ��of AL% 0 M !',..V.*7.." . NAP COUNTY OF ALBEMARLE Department of Inspections 401 McIntire Road __ __ Charlottesville, Virginia 22901-4596 ; (804) 296-5832 LL.3 2 0 1995 MEMORANDUM To: Bill Fritz - Senior Planner From: Jay Schlothauer -Deputy Director of Inspections Date: December 19, 1995 Re: Montessori School (SDP-95-115) (plans dated December 11, 1995) The following comments are from the Inspections Department and the Fire/Rescue Division. It is not necessary that these comments be addressed for preliminary approval, but they must be satisfactorily addressed prior to final plan approval. 1. Verify that adequate fireflow is available. Required fireflow is 1,400 gpm @ 20 psi. (Albemarle County Zoning Ordinance, Section 32.7.6) JS/js cc: Bruce Crow-Fire/Rescue Pete Gorham - ACSA file