HomeMy WebLinkAboutSUB201700176 Application 2022-11-02all l `1111r'L•
APPLICATION FOR A SUBDIVISION PLAT
Owner/Applicant Must Read and Sign
The plat application process includes providing the County with all the information required in Chapter 14
Subdivision of Land of the Albemarle County Code.
The foregoing information is complete and correct to the best of my knowledge. I have read and understand the
provisions of Chapter 14 Subdivision of Land of the Albemarle County Code.
By signing this application I am consenting to written comments, letters and or notifications regarding this
application being provided to me or my designated contact via fax and or email. This consent does not preclude
such written communication from also being sent via first class mail.
10-18-17
Signature of Owner, Contract Purchaser, Agent Date
David Jordan
Print Name
ay
434-977-0205
Daytime phone number of Signatory
SUBDIVISION PLAT CHECKLIST PER 14-206
See.14-206 Subdivisions other than rural subdivisions, two lot subdivisions, subdivisions
following final site plan approval, subdivisions creating one special lot and one residue lot, family
subdivisions, boundary line adjustments and easement plats.
The following sections of this chapter shall apply to each subdivision that is not a rural subdivision, a
subdivision resulting in two lots, a subdivision following final site plan approval, a subdivision creating one
special lot and one residue lot, a family subdivision, a boundary line adjustment or an easement plat:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, and 14-213 through 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300 through 14-318.
D. Cm -site improvements and design: Sections 14-400 through 14-441.
Sec. 14-300 Persons authorized to prepare plat.
Each plat shall be prepared by a professional engineer or a land surveyor, to the limits of his license.
Sec.14-301 Form and style of plats.
Each subdivision plat shall comply with the following:
A. Standards. Except as otherwise provided in subsection (E), each plat shall meet the standards for plats set
forth in 17 VAC 15-60-10 et seq.; provided that each final plat to be submitted for recordation
in the office of the clerk of the Albemarle County circuit court shall meet the standards for plats
set forth in 17 VAC 15-60-10 et seq.
B. Scale. The plat shall be drawn to a scale of one (1) inch equals fifty (50) feet or to such scale as may be
approved by the agent in a particular case.
C. Size. The plat shall be prepared on one (1) or more sheets, provided that no sheet shall exceed twenty-four
(24) inches by thirty-six (36) inches in size, and further provided that if the plat is prepared on
more than one (1) sheet, match lines shall clearly indicate where the several sheets join.
D. Approximate North. The top of each sheet shall be approximately north.
Sec. 14-302 (A) Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in
order for a preliminary plat to be deemed complete under section 14-218:
Q 1. Name of subdivision. The title under which the subdivision is proposed to be recorded. The title
shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the City
of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing
subdivision.
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SUBDIVISION PLAT CHECKLIST PER 14206
lV 2. Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet showing the
property and its relationship with adjoining land and streets, its relationship with landmarks in the
area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat
has been approved, in detail adequate to describe the location of the property without field review.
0 3. Existing or platted streets. The location, width and names of all existing or platted streets and all
other rights -of -way.
lg 4. Private easements. The location and dimensions of all existing and proposed private easements.
Existing easements shall be labeled with the deed book and page number and the name of the owner of
record.
le 5. Public easements. The location and dimensions of all existing and proposed public easements
outside of a street right-of-way. Existing easements shall be labeled with the deed book and page number
and the name of the public owner of record. Proposed easements shall be labeled as "dedicated to public
use."
M 6. Alleys and shared driveways. The location and dimensions of all easements for alleys and shared
driveways.
14 7. Existing and departing lot lines. If the property consists of more than one existing lot, then the
identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the
location of departing lot lines of abutting lots.
® 8. Proposed lots. The number, approximate dimensions, and area of each proposed lot.
0 9. Building sites on proposed lots. The location, area and dimensions of a building site on each
proposed lot complying with the requirements of section 18-4.2. The plat shall also contain the following
note: "Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site
that complies with section 4.2.1 of the Albemarle County Zoning Ordinance."
E 10. Right of further division of proposed lots. The number of lots, as assigned by the subdivider,
into which each proposed lot may be further divided by right pursuant to section 18-10.3.1, if applicable.
The plat shall also contain the following note: "Parcel [letter or number] is assigned [number]
development rights and may/may not be further divided and when further divided these rights shall
not comprise more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining
[number] development rights and when further divided it shall not consist of more than [number] acres."
Development rights need not be assigned to a special lot.
0 11. Instrument creating property proposed for subdivision. The deed book and page number of the
instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the
county.
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SUBDIVISION PLAT CHECKLIST PER 74206
12. Topography. Existing topography at the time of plat submittal at up to twenty [201 percent slope,
with a contour interval that is of greater than the interval on aerial to It available from the county.
The source of topography, inc u survey date and name of 'caned professional; or a statement that
topography data provided by the county used. Pro etfgrading, with a contour interval equal to the
intervals of the existing topography, supplemen ere necessary by spot elevations; areas of the site
where existing slopes are steep slopes. Exist' g topo lty for the entire site with sufficient offsite
topography to describe prominent dfrtinent offsite features and physical characteristics, but in no case
less than fifty (50) feet outside the site unless otherwise approved by the agent. For property in the rural
areas zoning district, the posed grading shall show all grading on each proposed lot, including access,
clearing and all other lot improvements. 4AJ A-
0 13. Proposed facilities. The 1 tion of proposed water and sewer lines and related improvements;
proposed drainage and stormwater agement facilities and ree-ljatedd rovements.
0 14. Land to be dedicated in fee or d. The location, acreage, and current owner of all land
intended to be dedicated in fee o or
for pub e, or to be reserved in a deed for the common use of
lot owners in the subdivisi Iv A-
0 15. Identification of all owners and certain interest holders. The names and addresses of each
owner of record and holders of any easements affecting the property.
F 16. Dam break inundation zones. The limits of a dam break inundation zone.
Sec. 14-302 (B) Contents of preliminary plat.
B. A preliminary plat shall also contain the following information, provided that the preliminary plat
shall not be deemed incomplete for purposes of section 14-218 if it does not include this information in the
initial plat submittal:
B 1. General information. The date of drawing, including the date of the last revision, the number of
sheets, the north point, and the scale. If true north is used, the method of determination shall be shown.
a 2. Name of plat preparer. The name of the person who prepared the plat.
0 3. Public areas, facilities or uses. The location of all areas shown in the comprehensive plan as
proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2-2232, which are
located wholly or in part within the property.
B 4. Places of burial. The location of any grave, object or structure marking a place of burial located
on the property.
M 5. Zoning classification. The zoning classification of the property, including all applicable zoning
overlay districts, proffers, special use permits and variances.
0 6. Tax map and parcel number. The county tax map and parcel number of the property.
e 7. Reservoir watershed; agricultural -forestal district. A notation as to whether the land is within an
Albemarle County and/or City of Charlottesville water supply watershed or an agricultural -forestal district.
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SUBDIVISION PLAT CHECKLIST PER 14-206
® 8. Yards. The location of all yards required by this chapter and the zoning ordinance, which may be
shown graphically or described in a note on the plat.
0 9. Flood plain. The location of any part of the property within the flood hazard overlay district, as set
forth in section 18-30.3.
id 10. Stream buffers. The location of stream buffers required by the water protection ordinance, with
the following note: "The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle
County Water Protection Ordinance."
Sec.14-303 Contents of final plat.
In addition to containing all of the information required by section 14 -302, except for the information required
by section 14-302(A)(12), a final plat shall contain the following information:
0 A. Statement of consent to division. A statement that: "The platting or dedication of the following
described land [insert a correct description of the land subdivided] is with the free consent and in accordance
with the desire of the undersigned owners, proprietors and trustees, if any."
2 B. Section name or number. The name or number of the section if the property is a part of a larger
piece of land.
e C. Boundary tines. The exterior boundary lines of the property with bearings in degrees, minutes
and seconds. Curvilinear data shall include radius, central angle, arc length, and tangent distance. All
dimensions shall conform to the standards set forth in this chapter.
0 D. Acreage of lots. The total acreage of each existing lot and each proposed lot.
M E. Dimension standards and information on all lots, streets, alleys, easements, and shared driveways.
All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and private
easements and shared driveways shall conform to the requirements set forth in 8 VAC 10-20-370(C), a
copy of which shall be on file in the department of community development. Curvilinear data shall include
radius, central angle, arc length, and tangent distances and may be shown either directly on the
corresponding boundary or surveyed line or in table form. Easements shown for private streets, alleys and
shared driveways shall be labeled as "private street easement", "alley easement" or "shared driveway
easement." The easement holder(s) shall be identified on the plat. If shared driveways are shown, a note
shall be added to the plat stating that maintenance shall be by the owners of the lots affected by the shared
driveway easement, not by the Virginia Department of Transportation or the county.
® F. Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers; blocks
shall be identified by letters; lots shall be identified by numbers, assigned in numerical order.
9 G. Ownership of common areas. The intended ownership of all common areas.
0 H. Monuments. The location and material of all permanent reference monuments. Monuments
found or installed prior to plat recordation may be referred to if they are permanent and undisturbed. If any
monument required by this chapter will be installed after recordation of the final plat, the certification of the
professional engineer or land surveyor shall so note.
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SUBDIVISION PLAT CHECKLIST PER 14-206
R I. Bearing and distance ties. A definite bearing and distance tie between not less than two (2)
permanent monuments on the exterior boundary of the property and further tie to existing street intersection
where possible and reasonably convenient.
8 J. Restrictions. Restrictions imposed in conjunction with the approval of the preliminary plat and
their period of existence. If the length of a restriction makes its inclusion on the final plat impractical,
and does not necessitate the preparation of a separate instrument, reference shall be made to the restriction
on the final plat.
10 K. Temporary turnarounds. The location of temporary turnarounds, if needed, with the following
accompanying note: "The area on this plat designated as a temporary turnaround will be constructed and
used as other streets in the subdivision until (street name) is/are extended to (street name), at which time the
land in the temporary turnaround area will be abandoned for street purposes and will revert to adjoining
property owners in accordance with specific provisions in their respective deeds."
8 L. Public utility, drainage and sight distance easements. The location and dimensions of each public
utility, drainage and sight distance easement outside of a street right-of-way; for each existing easement,
include a note stating the deed book and page number.
0 M. Street names. The name of each proposed street, which names shall be subject to approval by the
agent.
® N. Statement pertaining to private streets. If the subdivision will contain one or more private
streets, the following statement: "The streets in this subdivision may not meet the standards for acceptance
into the secondary system of state highways and will not be maintained by the Virginia Department of
Transportation or the County of Albemarle."
9 O. Signature panels. Signature panels for each owner and for the agent or his designee. The
signature panel for the owner shall be located immediately below the statement required by paragraph (A).
0 P. Notary panels. Notary panels for the notary to acknowledge the signature of the owner.
M Q. Water supply. A statement as to whether the subdivision will be served by a public water supply
and a public sewer system. If the property is not within the service authority jurisdictional area, the
following statement: "Under current county policy, public water and/or sewer service will not be available
to this property."
M R. Parent parcel access. If the subdivision is in the rural areas, the following statement, unless a
waiver is granted as provided in section 14-404: "All subsequent divisions of the residue shall enter only
onto such street(s) shown on the approved final plat and shall have no immediate access onto to any
public street."
0 S. Control points. At least four (4) control points, evenly distributed across the property and located
at survey property corners, and shown on each sheet depicting the property. At the option of the subdivider,
the control points may be shown on a copy of the final plat, rather than on the original final plat.
M T. Special lots. If the subdivision creates a special lot, the following note shall be placed on the plat:
"Lot `X' is a special lot established solely for (insert purpose for the special lot as identified in the definition
of special lot in section 14-106)."
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SUBDIVISION PLAT CHECKLIST PER 14-206
Documents and or information to be submitted with Plat, as applicable
❑ Request to disturb critical or steep slopes.[Sec. 14-304]
❑ Stormwater management information. [Sec. 14-305]
❑ Private streets information. [Sec. 14-306]
❑ Stream crossings. [Sec. 14-307]
❑ Dam break inundation zones. [Sec. 14-307.1 ]
❑ Flood plain and topographic information. [Sec. 14-308]
❑ Groundwater assessment information. [Sec. 14-308.1]
❑ Soils evaluations if any lot is less than 5 acres [Sec. 14-3091
❑ Health Director Approval. [Sec. 14-310]
❑ Infrastructure improvement plans, computations and documents. [Sec. 14-311 ]
❑ Location of existing buildings. [Sec. 14-312]
❑ Identification of all interests of the County in property. [Sec. 14-314]
❑ Approval of entrance onto public streets. [Sec. 14-316]
❑ Instrument evidencing maintenance of certain improvements. [Sec. 14-317]
❑ Dam break inundation zones; engineering study and mapping information. Sec. 14-318]
SEE CODE For Sections 14400 through 14-441.
Read and Sign
In representing the above referenced firm submitting this plat for preliminary approval, I hereby state that, to
the best of my knowledge, the attached plat contains all information required by this checklist.
I understand that in accordance with Section 14-216, any plat deemed to be incomplete shall be denied.
An application for reinstatement accompanied by a complete plat and the required fee may be filed with-
in 15 days of such denial. If the plat is not resubmitted within 15 days, a new application for preliminary
plat approval with fee shall be required for submittal of the plat.
Sigtafture of pey!s n completing checklist
David Jordan
Printed Name
10-18-17
Date
434-977-0205
Daytime phone number of Signatory
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SUBDIVISION PLAT CHECKLIST PER 14-207
Sec. 14-207 Rural subdivisions, two lot subdivisions, subdivisions following final site plan
approval, and subdivisions creating one special lot and one residue lot.
The following sections of this chapter shall apply to each rural subdivision, a subdivision resulting in two lots, a
subdivision following final site plan approval, and a subdivision creating one special lot and one residue lot:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204 and sections 14-209, 14-231, 14-231.1 and
14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3), (4), (5), (6),
(7), (9), (10), (11), (14), (15) and (16), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A), (B),
(C), (D), (E), (F), (1), (1), (L), (0) and (P), 14-304, 14-305(B), 14-307, 14-307.1, 14-308.1,14-309, 14-310,
14-312, 14-314, 14-316 and 14-318.
D. On -site improvements and design: Sections 14-400, 14-403, 14-404 if any proposed lot would have less than
five hundred (500) feet of frontage on a major rural street identified in subsection 14-207(E),14-406, 14-414,
14-416, 14-421, 14-426, 14-427, 14-433, 14-438 and 14-441.
Sec. 14-300 Persons authorized to prepare plat.
Each plat shall be prepared by a professional engineer or a land surveyor, to the limits of his license.
Sec.14-301 Form and style of plats.
Each subdivision plat shall comply with the following:
A. Standards. Except as otherwise provided in subsection (E), each plat shall meet the standards for plats set
forth in 17 VAC 15-60-10 et seq.; provided that each final plat to be submitted for recordation
in the office of the clerk of the Albemarle County circuit court shall meet the standards for plats
set forth in 17 VAC 15-60-10 et seq.
B. Scale. The plat shall be drawn to a scale of one (1) inch equals fifty (50) feet or to such scale as may be
approved by the agent in a particular case.
C. Size. The plat shall be prepared on one (1) or more sheets, provided that no sheet shall exceed twenty-four
(24) inches by thirty-six (36) inches in size, and further provided that if the plat is prepared on
more than one (1) sheet, match lines shall clearly indicate where the several sheets join.
D. Approximate North. The top of each sheet shall be approximately north.
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SUBDIVISION PLAT CHECKLIST PER 14-207
Sec.14-302 (A) Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in order for a preliminary
plat to be deemed complete under section 14-218:
0 1. Name of subdivision. The title under which the subdivision is proposed to be recorded. The title
shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the City
of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing
subdivision.
a 3. Existing or platted streets. The location, width and names of all existing or platted streets and all
other rights -of -way.
® 4. Private easements. The location and dimensions of all existing and proposed private easements.
Existing easements shall be labeled with the deed book and page number and the name of the owner of
record.
® 5. Public easements. The location and dimensions of all existing and proposed public easements
outside of a street right-of-way. Existing easements shall be labeled with the deed book and page number
and the name of the public owner of record. Proposed easements shall be labeled as "dedicated to public
use."
Pi 6. Alleys and shared driveways. The location and dimensions of all easements for alleys and shared
driveways.
0 7. Existing and departing lot lines. If the property consists of more than one existing lot, then the
identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the
location of departing lot lines of abutting lots.
B 9. Building sites on proposed lots. The location, area and dimensions of a building site on each
proposed lot complying with the requirements of section 18-4.2. The plat shall also contain the following
note: "Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site
that complies with section 4.2.1 of the Albemarle County Zoning Ordinance."
R 10. Right of further division of proposed lots. The number of lots, as assigned by the subdivider,
into which each proposed lot may be further divided by right pursuant to section 18-10.3.1, if applicable.
The plat shall also contain the following note: "Parcel [letter or number] is assigned [number] development
rights and may/may not be further divided and when further divided these rights shall not comprise more
than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining [number] development rights
and when further divided it shall not consist of more than [number] acres." Development rights need not be
assigned to a special lot.
H 11. Instrument creating property proposed for subdivision. The deed book and page number of the
instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the
county.
0 14. Land to be dedicated in fee or reserved. The location, acreage, and current owner of all land
intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of
lot owners in the subdivision.
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SUBDIVISION PLAT CHECKLIST PER 14-207
B 15. Identification of all owners and certain interest holders. The names and addresses of each owner
of record and holders of any easements affecting the property.
9 16. Dam break inundation zones. The limits of a dam break inundation zone.
See.14-302 (B) Contents of preliminary plat.
B. A preliminary plat shall also contain the following information, provided that the preliminary plat shall not
be deemed incomplete for purposes of section 14-218 if it does not include this information in the initial plat
submittal:
0 1. General information. The date of drawing, including the date of the last revision, the number of
sheets, the north point, and the scale. If true north is used, the method of determination shall be shown.
M 2. Name of plat preparer. The name of the person who prepared the plat.
0 4. Places of burial. The location of any grave, object or structure marking a place of burial located
on the property.
9 5. Zoning classification. The zoning classification of the property, including all applicable zoning
overlay districts, proffers, special use permits and variances.
F 6. Tax map and parcel number. The county tax map and parcel number of the property.
0 7. Reservoir watershed; agricultural -forestal district. A notation as to whether the land is within an
Albemarle County and/or City of Charlottesville water supply watershed or an agricultural -forestal district.
* 8. Yards. The location of all yards required by this chapter and the zoning ordinance, which may be
shown graphically or described in a note on the plat.
0 9. Flood plain. The location of any part of the property within the flood hazard overlay district, as set
forth in section 18-30.3.
M 10. Stream buffers. The location of stream buffers required by the water protection ordinance, with
the following note: "The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle
County Water Protection Ordinance."
Sec.14-303 Contents of final plat.
In addition to containing all of the information required by section 14 -302, except for the information required
by section 14-302(A)(12), a final plat shall contain the following information:
® A. Statement of consent to division. A statement that: "The platting or dedication of the following
described land [insert a correct description of the land subdivided] is with the free consent and in accordance
with the desire of the undersigned owners, proprietors and trustees, if any."
le B. Section name or number. The name or number of the section if the property is a part of a larger
piece of land.
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SUBDIVISION PLAT CHECKLIST PER 14207
0 C. Boundary lines. The exterior boundary lines of the property with bearings in degrees, minutes
and seconds. Curvilinear data shall include radius, central angle, are length, and tangent distance. All
dimensions shall conform to the standards set forth in this chapter.
B D. Acreage of lots. The total acreage of each existing lot and each proposed lot.
0 E. Dimension standards and information on all lots, streets, alleys, easements, and shared driveways.
All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and private
easements and shared driveways shall conform to the requirements set forth in 8 VAC 10-20-370(C), a
copy of which shall be on file in the department of community development. Curvilinear data shall include
radius, central angle, arc length, and tangent distances and may be shown either directly on the
corresponding boundary or surveyed line or in table form. Easements shown for private streets, alleys and
shared driveways shall be labeled as "private street easement', "alley easement' or "shared driveway
easement." The easement holder(s) shall be identified on the plat. If shared driveways are shown, a note
shall be added to the plat stating that maintenance shall be by the owners of the lots affected by the shared
driveway easement, not by the Virginia Department of Transportation or the county.
0 F. Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers; blocks
shall be identified by letters; lots shall be identified by numbers, assigned in numerical order.
H. Monuments. The location and material of all permanent reference monuments. Monuments
found or installed prior to plat recordation may be referred to if they are permanent and undisturbed. If any
monument required by this chapter will be installed after recordation of the final plat, the certification of the
professional engineer or land surveyor shall so note.
F I. Bearing and distance ties. A definite bearing and distance tie between not less than two (2)
permanent monuments on the exterior boundary of the property and further tie to existing street intersection
where possible and reasonably convenient.
0 L. Public utility, drainage and sight distance easements. The location and dimensions of each public
utility, drainage and sight distance easement outside of a street right-of-way; for each existing easement,
include a note stating the deed book and page number.
F O. Signature panels. Signature panels for each owner and for the agent or his designee. The signature
panel for the owner shall be located immediately below the statement required by paragraph (A).
p P. Notary panels. Notary panels for the notary to acknowledge the signature of the owner.
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SUBDIVISION PLAT CHECKLIST PER 74207
Documents and or information to be submitted with Plat, as applicable
❑ Request to disturb critical slopes. [See. 14-304]
❑ Stormwater management information. [Sec. 14-305B]
❑ Stream crossings. [Sec. 14-307]
❑ Dam break inundation zones. [Sec. 14-307.1]
❑ Groundwater assessment information. [Sec. 14-308.11
❑ Soils evaluations. [Sec. 14-309]
❑ Health Director Approval. [Sec. 14-310]
❑ Location of existing buildings. [Sec. 14-312]
❑ Identification of all interests of the County in property. [Sec. 14-314]
❑ Approval of enhance onto public streets. [Sec. 14-316]
❑ Dam break inundation zones; engineering study and mapping information. [Sec. 14-318]
SEE CODE For Sections 14-400, 14-403, 14-406,14-414,14-416,14421,14-426,14-427,14-433,
14-438 and 14-441.
Read and Sign
In representing the above referenced firm submitting this plat for preliminary approval, I hereby state that, to
the best of my knowledge, the attached plat contains all information required by this checklist.
10-18-17
Signatufre of person completing checklist Date
David Jordan
Printed Name
434-977-0205
Daytime phone number of Signatory
Will Cockrell
From:
David Jordan < DJordan@roudabush.com >
Sent:
Monday, March 12, 2018 6:27 PM
To:
Will Cockrell
Cc:
Jeremy W. Swink; Chip Royer; Rachel Falkenstein
Subject:
RE: Wintergreen Farm Phase IIB
Will,
Thank yo for getting back to me. Per your comments, I offer the following responses.
Comment #2 —you said that you highlighted/clouded where open space 1D and 1E are on the plat. Reviewing the plat, we
could not find this clouding. What sheet is this located?
• I have clouded the sheets where Open Space 1D and lE are shown. I will be providing a Dropbox link as
well as a highlighted to you.
Comment #4 — I asked for an updated tree preservation exhibit for the overall develop — like the attached. I only saw the
plan from Phase III.
• The Overall Exhibit Sheet shows the Tree Preservation for the entire subdivision.
Comment #6 — We asked that you submit the maintenance agreement and deed ofdedication. Is this being developed with
the legal documents referenced in comment #77
• Yes. The relevant legal documents are being drafted and will be provided to the county.
May we proceed with the signature sets?
David Jordan, LS
Roudabush Gale and Associates, Inc.
914 Monticello Rd, Charlottesville, VA 22902
(434) 977-0205
From: Will Cockrell [mailto:wcockrell@albemarle.org]
Sent: Friday, March 09, 2018 4:46 PM
To: David Jordan <DJordan@roudabush.com>
Cc: Jeremy W. Swink <SwinkJW@stanleymartin.com>; Chip Royer <croyer@rcmplc.com>; Rachel Falkenstein
<rfalkenstein@albemarle.org>
Subject: RE: Wintergreen Farm Phase IIB
Hi David,
I have and had some follow up comments.
Comment #2 — you said that you highlighted/clouded where open space 1D and 1E are on the plat. Reviewing the plat,
we could not find this clouding. What sheet is this located?
Comment #4 — I asked for an updated tree preservation exhibit for the overall develop — like the attached. I only saw the
plan from Phase III.
LAND 5IJR'VF.V7NG
ENGINEERING
LAND PIANDUNG
WIt LIAM J. LEDHEI"I'IN, I.S.
JAI l.'I'AW.AKI'. RIS.
DAVID nJ. ROHINSON, RE
.AMMY At. GI,,0RQ-. L.A.
TO: Will Cockrell
ROUDABUSHI GALE & ASSOCIATES, INC.
A PROFESSIONAL CORPORPII"ION
sminq org""O v"M 1936
914 MOM ICELLO ROAD
CHARI.nTIFSVILLF;, VI RCIN IA
22902
DATE: March 12, 2018
PRONE (434) 977A105
FAX (434)2965UO
1NF0, aROGpABUSHd]DM
BRIAN D. JAMISON. L.S.
DAVID A..RJRDAN, L.S.
KRIS tt)PI Wit C. 14'1 NITXN. I..S.
Department of Community Development JOB #: 8560
401 McIntire Road Charlottesville PROJ: Wintergreen Farm Phase IIB
Attached
Under separate cover via the following items:
# of Copies
Date
Job #
Description
1
3-12-18
8560
Wintergreen Farm Phase IIB Subdivision Plat
1
3-12-18
8560
Reduced copy of the Overall Tree Preservation Exhibit
These are transmitted as checked below:
X For Approval/Signature _For your use _Please return
_Resubmitted w/revisions X Review/Comment _For Bids due
Other
REMARKS:
All of the sheets where Open Space 1D and lE have been highlighted.
SIGNED: COPY TO:
Ifenclosures a e not as noted, kindlynodfy us at once.
_ As requested
COUNTY OF ALBEMARLE
Department Community Development
$ Planning Services Division
401 McIntire Road North Wing • Charlottesville, Virginia 229024596
via Phone: (434) 296-5823 • Fax: (434) 972-4035
Transmittal
From: Rachel Falkenstein Date: 2/2/2018
To: OBobb Jocz - Engineering
0
0 "ekrell - Planning
0
_
0
0
0
0
0
0
JOB #/FILE NAME: SUB2017-176 Wintergreen Farm — Ph 2
We are sending you the following items: ® Attached or ❑ Under separate cover
❑ Copy of Letter ❑ Prints ❑ Plans
® Plats ❑ Specifications ❑ Other
# of
Copies
Date
Description
1
2/2/2018
Wintergreen Ph 2B — Final Plat
These are transmitted as checked below:
® For review and comments ® For approval ❑ Other
Remarks:
Comments are due in City View or email by: 02/16/18 Signature: Rachel Falkenstein
1ANDSURVEYING
ENGINEERING
[AND PLANNING
WILLIAM 1. LLD LEIIBR. L.S.
AM 1_.'1'AtitiAR'i'. RL
D AVID At. ROBINSON. P.E.
AMMY Pt. OF'ORGE L.A.
ROUDABUSK GALE &ASSOCIATES, INC.
APROFESSIONAL CORPORI' ION
Sereing Vagnla .Sina 1956
914 MON'110EI_LO ROAD
C:HAR1,01-IT. V11.LF VIRGINIA
22902
PHONE (434) 977-0205
M(434)196-5226
INFOOROUDABUSH.ODNI
RRI AN D. JA'VIISON. 1..5.
D.4VI D A. JORDAN, L_S.
KRIST'OPI IER U. WINiERk. L.S.
TO: Will Cockrell DATE: March 5, 2018
Department of Community Development JOB #: 8560
401 McIntire Road Charlottesville PROD: Wintergreen Farm Phase IIB
Attached
Under separate cover via the following items:
# of Copies
Date
Job #
Description
1
3-5-18
8560
Wintergreen Farm Phase IIB Subdivision Plat
1
3-5-18
8560
Response Letter
1
3-5-18
8560
Wintergreen Farm Phase III Overall Exhibit Sheet
These are transmitted as checked below:
X For Approval/Signature
_Resubmitted w/revisions
Other
REMARKS:
_For your use
X Review/Comment
If enclosures not as noted, kindly notify us at once.
_Please return
_For Bids due
COPY TO:
_ As requested
County of Albemarle
Department of Community Development
401 McIntire Road,
Charlottesville, VA, 22902
Phone 434-296-5832
Memorandum
To: David Jordan (djordan@roudabush.com)
From: Will Cockrell, On -Call Planner
Division: Planning
Date: March 2, 2018
Subject: SUB201700176 Wintergreen Farm Phase IIB — Final Subdivision Plat
Fax 434-972-4126
The County of Albemarle Planning Division will recommend approval of the plat referenced above once the
following comments have been satisfactorily addressed. (The following comments are those that have been
identified at this time. Additional comments or conditions may be added or eliminated based on further
review.): [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning
Ordinances unless otherwise specified.
Preliminary Comments
1. [14-302(B)(5)] Under zoning, the listing steep slopes and Flood Plain but neither seem to be one site.
Those are on earlier phases but not phase 116.
a. Response: "References to the Steep Slopes and Floodplain have been removed from the
Zoning Note. The revision is highlighted."
2. [14-302(B)(3)] Note #19 lists "Open Space 1D and 1V but those do not appear to be on the plat.
a. Response: "Those two open spaces were platted on the Phase IIA plat. While the note
referencing Open Spaces 1D and 1E may not be necessary to list on this plat, I have left it
on the cover sheet. I have also highlighted/clouded where Open Spaces 1D and 1E are on
the plat for clarity."
[14-302(B)(6)] Under Parcel Data, the title sheet lists TMP 07650-02-007BO, but that appears to be in
an earlier phase.
a. Response: "In my opinion, TMP 07650-02-007BO needs to be listed on the plat, since I am
platting the remainder of the Public Access Easement on this plat for the Density Bonuses
for the Residential Area. See sheet 6 of the plat for the easement. The first part of the
Public Access Easement was platted on the Phase I plat (recorded in Deed Book 4917 Page
U11
General Comments
4. [14-302(A)(4)] Sheet 4 indicates the vacation of tree preservation areas. On Lot 63, the new Shentel
easement would overlap with the vacated HOA maintenance area. Please provide updated tree
preservation exhibits for the overall development (for the file, since this is the last phase).
LAND SURVEYING
ENGINEERING
LAND PLANNING
WILLIAM J. LEDBE"ITER, L.S.
JIM L. TAGGART, P.E.
DAVID M. ROBINSON, P.E.
AMMY M. GEORGR. L.A.
March 5, 2018
ROUDABUSH, GALE & ASSOCIATES, INC.
A PROFESSIONAL CORPORATION
Serving Virginia Since 1956
914 MONTICELLO ROAD
CHARLOTTESVILLE, VIRGINIA
22902
Mr. Will Cockrell
County of Albemarle
Department of Community Development
401 McIntire Road
Charlottesville, VA 22902
RE: Wintergreen Farm Phase lIB Subdivision Plat (SUB2016-0176)
Preliminary Comments
PHONE (434) 977-0205
FAX (434) 296-5220
INFO@ROUDABUSH.COM
BRIAN D. JAMISON, L.S.
DAVID A. JORDAN, L.S.
KRISTOPIIER C. WINTERS, L.S.
1. [14-302(B)(5)J Under zoning, the listing steep slopes and Flood Plain but neither seem to
be one site. Those are on earlier phases but not phase JIB.
a. Response: "References to the Steep Slopes and Floodplain have been removed
from the Zoning Note. The revision is highlighted. "
2. [14-302(B)(3)J Note 9191ists "Open Space 1D and IE" but those do not appear to he on
the plat.
a. Response: "Those two open spaces were platted on the Phase IIA plat. bi'hile
the note referencing Open Spaces ID and IE may not be necessary to list on
this plat, I have left it on the cover sheet ",Z-,i e also highliglueel ch-)uded
wr�hc-t•e Open Spaces I D and 1 E are on the plu/ for clarity. ;'
114-302(B)(6)J Under Parcel Data, the title sheet lists TMP 076S0-02-007BO, but that
appears to he in an earlier phase.
a. Response: "In my opinion, TMP 07650-02-007B0 needs to be listed on the
plat since 1 am platting the remainder of the Public Access Easement on this
plat for the Density Bonusesfin- n- the Residential Area. See sheet 6 of the plat
_for the easement. The first part gf 1he Public Access Easement was platted on
the Phase 1 plat (recorded in Deed Book 4917 Page 1). "
General Comments
4. [14-302(A)(4)J Sheet 4 indicates the vacation of tree preservation areas. On Lot 63, the
new Shentel easement would overlap with the vacated HOA maintenance area.
*provide updat-M free preservation exhibits for the overall development (for the file, since
this is the last phase).
The updated tree preservation area has been added to the Overall Exhibit
Sheet.
5. [18-13.4.]1 Clarify discrepancy between tree preservation calculations for phase III
versus phase IIB. Provide an exhibit demonstrating that all tree preservation areas meet
the definition of a wooded area from Section 3.1 of the zoning ordinance.
• Upon review of the Tree Preservation Tabulations shown in the approved
and recorded Subdivision Plat for Phase III and Tree Preservation
Tabulations for Phase IIB, no discrepancy was found. A copy of the Overall
Exhibit Sheet for Phase III has been included with the resubmission of the
Phase IIB Plat to show that area tabulations for the tree preservation
between Phase III and Phase IIB are in one accord.
6. [14-302(B)(3)1 Show the easement on TMP 076S0-02-007BO, extending down the whole
length of the development, through Phase I with a note stating that the easement is a
public use access easement to be owned and maintained by the HOA. Submit an amended
muintenance agreement demonstrating that the HOA is responsible for the maintenance
of the path and a deed of dedication granting public access over the easement — if not
already done.
• The previously recorded Variable Width Public Access Easement; which
runs Common Open Space 7A, Common Open Space 6, Lot 1, Lot 40, has
been added to Sheet 6 of the plat. SM Charlottesville, LLC is the owner of
those Open Spaces and Lots.
7. [14-3171 Provide supplemental declaration to the covenants and restrictions for any
easements to be maintained by the HOA for review and approval by the County Attorney
— ifapplicable.
• The attorney is drafting the appropriate legal documents for recordation.
May we proceed with the signature sets of the Phase IIB Subdivision Plat?
Sincerely,
David A. Jordan, LS
a
COUNTY OF ALBEMARLE
Department Community Development
Planning Services Division
401 McIntire Road North Wing • Charlottesville, Virginia 229024596
acirnPhone: (434) 296-5823 • Fax: (434) 972-4035
Transmittal
From: Will Cockrell Date: 05/3/18
To: OJohn Blair- County Attorney
0
0
0
0
0
0
0
0
0
JOB #/FILE NAME: SUB-2017-00176
We are sending you the following items: ® Attached or ❑ Under separate cover
❑ Copy of Letter ❑ Prints ® Plans
❑ Plats ❑ Specifications ❑ Other
# of
Copies
Date
Description
1
5/3/18
Wintergreen Farm Agreement
These are transmitted as checked below:
® For review and comments ® For approval ❑ Other
Remarks: Sorry - there was a mistake and we had to redo this. Is there any chance we could have this
tomorrow - May 41.
Comments are due in City View or email by: 05/4/18?? Signature:
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this day of
2018 by and between SM CHARLOTTESVILLE, LLC, a Virginia limited
liability company, Grantor, the COUNTY OF ALBEMARLE, VIRGINIA, a political
subdivision of the Commonwealth of Virginia, Grantee, whose address is 401 McIntire Road,
Charlottesville, Virginia 22902, and WINTERGREEN FARM HOMEOWNERS
ASSOCIATION, INC., a Virginia non -stock corporation, Association, whose address is 200
Garrett St., Suite B, Charlottesville, VA 22902.
WITNESSETH:
WHEREAS, the Grantor is the owner in fee simple of the real property located in
Albemarle County that is described below and hereinafter referred to as the "Property;"
WHEREAS, the Grantor desires to dedicate, grant and convey to the Grantee, and Grantee
is willing to accept, an easement over the Property for the purpose of allowing the Grantee, its
successors and assigns, right of access and use to a trail and greenway, including authorized
improvements (collectively, the "Greenway ), subject to the terms and conditions stated in this
1�I
NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants
and terms herein contained, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the Grantor hereby dedicates, grants, conveys, covenants and agrees as
follows:
1. DEDICATION. GRANT AND CONVEYANCE OF EASEMENT. For and in
consideration of ONE DOLLAR ($1.00), cash in hand paid, the Grantor hereby dedicates, grants
and conveys to the Grantee and their successors and assigns (hereafter, all references to the Grantee
include its successors and assigns) with GENERAL WARRANTY AND ENGLISH
COVENANTS OF TITLE, a variable width public access trail and greenway easement (the
"Easement") over the Property described below, restricting in perpetuity the use of the Property in
the manner set forth herein:
That certain real property shown and designated as "AE Var" and "CL AE 17" on
to be dedicated to public use, shown on the plat prepared by Roudabush, Gale &
Associates, Inc., entitled "Subdivision Plat Phase IIA Wintergreen Farm Samuel
Miller District Albemarle County, Virginia," dated May 30, 2017 and last revised
October 10, 2017, attached hereto and recorded herewith as Exhibit A.
Together with
That certain real property shown and designated as "AE-X VAR" and "AE VAR"
to be dedicated to public use, shown on the plat prepared by Roudabush, Gale &
Associates, Inc., entitled "Subdivision Plat Phase IIB Wintergreen Farm Samuel
Miller District Albemarle County, Virginia," dated October 17, 2017 and last
revised March 12, 2018, attached hereto and recorded herewith as Exhibit B.
2. PURPOSES OF THE EASEMENT. The purposes of the Easement are to establish on
the Property a segment of a countywide system of greenway trails that will link people to the area's
natural, recreational, cultural and commercial resources. As part of this system, the Easement will
serve to protect important and/or sensitive resources, provide recreational and educational
opportunities, provide an alternative transportation system, and provide an economic benefit.
3. ESTABLISHMENT AND MAINTENANCE OF THE GREENWAY. The Grantor
shall establish at its expense a Greenway within the Easement, and the Greenway shall be thereafter
maintained by the Association, as follows:
A. Public access trail. The Grantor shall establish and the Association shall maintain
Class A trails. The trails shall be available for pedestrians and bicyclists.
B. Improvements. The Grantor may establish and maintain the following
improvements within the Easement provided they comply with County approved road plans for
SUB201700101: (1) appropriate trail surfaces, foot bridges and associated trail structures and
culverts, as necessary; (2) trail markers and signs along all trails and at all points of access; (3)
barriers, fences and gates to prevent motorized vehicular access into the Easement; (4) benches for
the convenience and comfort of the public; and (5) all other improvements that are reasonable for
a public access trail.
C. Ownership of improvements. All improvements within the Easement established
by the Grantor shall be and remain the property of the Grantee.
D. Right to inspect maintain and operate the Greenway. The Grantor and the
Association may enter the Easement to inspect, maintain and operate the Greenway as provided
herein:
Right to disturb and maintain the Easement premises. The Grantor and the
Association shall have the right to trim, cut or remove any trees, brush or shrubbery; remove and
relocate fences, structures or other obstructions; and take other similar action reasonably necessary
to establish, maintain and operate an adequate and fully functioning Greenway, provided, however,
that: (1) the Grantor or Association, at its own expense, shall restore as nearly as possible, repair
and replace only ground cover it has disturbed, damaged or removed as a result of establishing,
maintaining or operating the Greenway to the extent the restoration or replacement is consistent
with its proper maintenance, operation, and use; and (2) after the Grantor establishes the
Greenway, no trees having a diameter at breast height of four (4) inches or greater shall be
removed, destroyed or cut within the Easement except to protect public safety, eliminate trees that
are either diseased, dying or dead, or is deemed necessary in accordance with standard arborist
practices.
2. Obligation to remove trash and other debris. The Grantor and Association
shall remove from the Easement all trash and other debris resulting from the establishment,
maintenance or operation of the Greenway.
4. RESTRICTIONS ON USES AND ACTIVITIES IN THE EASEMENT. The Grantee
shall have the right to regulate and restrict the uses and activities of the public within the Easement,
in its sole discretion.
5. MISCELLANEOUS PROVISIONS.
A. Easement runs with the land. The Easement shall run with the land and be binding
upon the parties, their successors, assigns, personal representatives, and heirs.
B. Exclusivity; restrictions. The Easement is an exclusive easement. Neither the
Grantor nor any person acting under the Grantor's express or implied consent shall modify, alter,
reconstruct, interfere with, disturb or otherwise change in any way the land or any improvement
located within the Easement except as authorized herein; and further provided that such persons
shall not construct or maintain any roadway, or erect any building, fence, retaining wall or other
structure within the Easement.
C. Grantee's right to assign. The Grantee shall have the right to assign this Deed as its
interests may require provided that any such assignment shall not require alteration of the
Grantor's or Association's responsibilities hereunder and provided that no such assignment shall
limit the right of the owners and their invitees the right to use the Greenway. An eligible assignee
shall be one that is able to perform the terms, conditions and obligations of this Deed to assure that
its purposes are fulfilled.
D. Enforcement. In addition to any remedy provided by law to enforce the terms of
this Deed, the parties shall have the following rights and obligations:
Action at law inadequate remedy. It is conclusively presumed that an action
at law seeking a monetary remedy is an inadequate remedy for any breach or violation, or any
attempted breach or violation, of any term of this Deed.
Failure to enforce does not waive right to enforce. The failure of either
Grantee to enforce any term of this Deed shall not be deemed a waiver of the right to do so
thereafter, nor discharge nor relieve the Grantor from thereafter complying with any such term.
No third party right of enforcement. Nothing in this Easement shall create
any right in the public or any third party to maintain any suit or action against any party hereto.
E. Notice of proposed transfer or sale. The Grantor, its successors and assigns, shall
notify the Grantee in writing at the time of closing on any transfer or sale of the Property. In any
deed conveying all or any part of the Property, the Easement shall be referenced by deed book and
page number in the deed of conveyance and shall state that this Deed is binding upon all successors
in interest in the Property in perpetuity.
F. Relation to applicable laws. This Deed does not replace, abrogate or otherwise
supersede any federal, state or local laws applicable to the Property.
G. Severability. If any provision of this Deed is determined to be invalid by a court of
competent jurisdiction, the remainder of this Easement shall not be affected thereby.
H. Recordation. Upon execution by the parties, this Deed shall be recorded with the
record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia,
I. Authority to convey easement. The Grantor covenants that it is vested with good
title to the Property and may convey the Easement.
J. Authority to accent easement. The Grantee is authorized to accept the Easement
pursuant to Virginia Code §15.2-1800.
K. Hold harmless. The Grantee shall hold the Grantor and Association harmless as
provided in Virginia Code §29.1-509(E).
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance
of this property pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive's
signature hereto and the recordation of this Deed.
WITNESS the following signatures.
GRANTOR:
COMMONWEALTH OF VIRGINIA
CITY/C )b1gT OF C A 4-12/0 f es v i
SM CHARLOTTESVILLE, LLC
a Virginia limited liability co any
B
0 41�
Title: alitj--
The foregoing instrument was acknowledged before me this .3 day of
, 20 /9 by Sca rr (�- qrz t-Sa J as
�res lw-�h#tle ++i , on behalf of SM Charlottesville, LLC, Grantor.
4-��26
otaz lic
My Commission expires: OB�3o�20/9
Notary ID No. 764-2799
William JaCkSen Ledbetter
NOTARY pUet.IC
Commonwealth of vwginia
Reg. #' 7642199
MY Commission Expires Angl.gt 30, 2019
GRANTEE:
Approved as to form:
jf
C ty Attorney
COUNTY OF ALBEMARLE, VIRGINIA
By:
Jeff Richardson, County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
20_ by Jeff Richardson, County Executive, on behalf of the
County of Albemarle, Virginia, Grantee.
Notary Public
My Commission expires:
Notary ID No.
ASSOCIATION:
COMMONWEALTH OF VIRGINIA
CITY/C YT' OF
WINTERGREEN FARM
HOMEOWNERS ASSOCIATION, INC.
a Virginia non -stock corporation
By:
Title:
The foregoing instrument was acknowledged before me this 3 day of
j At , 20I-L by Seremv AN, Sw+in iC as
Dres,1-�'1 on behalf of Wintergreen Farm Homeowners Association, Inc.
ary ublic
My Commission expires: 6 C r/ 3d/ 2 c 19
Notary ID No. 224Z799
William Jackson Ledbetter
NOTARY PUBLIC
Commonwealth of Virginia
Reg. If 76427"
My Commission Expires August 30, 2019
EXHIBIT A
(Plat prepared by Roudabush, Gale & Associates, Inc., entitled "Subdivision Plat Phase IIA
Wintergreen Farm Samuel Miller District Albemarle County, Virginia," dated May 30, 2017 and
last revised October 10, 2017)
EXHIBIT B
(Plat prepared by Roudabush, Gale & Associates, Inc., entitled "Subdivision Plat Phase IIB
Wintergreen Farm Samuel Miller District Albemarle County, Virginia," dated October 17, 2017
and last revised March 12, 2018)
6P
r.AND SURVIMNG
EYGINEMNG
LAND PIANNINC
WILLIAM J. LEDHhITER, I.S.
JIM L. TA WAKE R E.
D AVID M. ROBINSON. PE.
AMMY At. GI,'ORGIi, L.,A,
TO: Will Cockrell
ROUDABUSH, GALE &ASSOCUTES, INC.
A PROFESSIONAL CORPORATION
Sminy Vtginia Vow 1956
9141.I0MICELLO WAD
CHARLOT775VI LLF VIRGIN IA
22902
DATE: March 23, 2018
PHONE (434) 9774205
FAX (434) 2965226
IJV FO LOROLI DAHIISH.COM
ARIAN t JAIMISON. L.S.
DAVI DA. JORDAN. L. S.
KRISI'ol'l II.R C, 11'1 NTGRS. L.S.
Department of Community Development JOB #: 8560
401 McIntire Road Charlottesville PROJ: Wintergreen Farm Phase IIB
_ Attached
Under separate cover via the following items:
# of Copies
Date
Job #
Description
2
3-26-18
8560
Overall Tree Preservation Plan
These are transmitted as checked below:
X For Approval/Signature
_Resubmitted w/revisions
Other
IN�II\/•\N 7.�
_Fos your use
X Review/Comment
SIGNE)�
If enclosures are not as noted, kindly notify us at once.
_Please return
_For Bids due
COPY TO:
_ As requested
COUNTY OF ALBEMARLE
Department Community Development
$ Planning Services Division
401 McIntire Road North Wing • Charlottesville, Virginia 22902-4596
Phone: (434) 296-5823 • Fax: (434) 972-4035
Transmittal
From: Date: 03/29/18
To: 07ohn Blair- County Attorney
0
0
0
0
0
0
0
0
0
JOB #/FILE NAME: -S£03,1r)Q 00176 Wintergreen Farm Phase UB
We are sending you the following items: ® Attached or ❑ Under separate cover
❑ Copy of Letter ❑ Prints ❑ Plans
® Plats ❑ Specifications ❑ Other
# of
Co ies
Date
Description
1
3/23/18
Wintergreen Farm Phase IIB Deed of Dedication for path
These are transmitted as checked below:
® For review and comments ® For approval ❑ Other
Remarks: There is a multi -use path as part of this subdivision that must be available to the public
Comments are due in City View or email by: 04/06/18 Signature:
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number
This deed is exempt from taxation under Virginia Code §§ 58.1-811(A)(3).
DEED OF DEDICATION AND EASEMENT
THIS DEED OF DEDICATION AND EASEMENT is made this day of
2018 by and between SM CHARLOTTESVILLE, LLC, a Virginia limited
liability company, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political
subdivision of the Commonwealth of Virginia, Grantee, whose address is 401 McIntire Road,
Charlottesville, Virginia 22902.
WITNESSETH:
WHEREAS, the Grantor is the owner in fee simple of the real property located in
Albemarle County that is described below and hereinafter referred to as the "Property;"
WHEREAS, the Grantor desires to dedicate, grant and convey to the Grantee, and Grantee
is willing to accept, an easement over the Property for the purpose of allowing the Grantee to
establish and maintain a public access trail and greenway, including authorized improvements
(collectively, the "Greenway"), subject to the terms and conditions stated in this Deed.
NOW, THEREFORE, in consideration of the recitals and the mutual benefits, covenants
and terms herein contained, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the Grantor hereby dedicates, grants, conveys, covenants and agrees as
follows:
1. DEDICATION, GRANT AND CONVEYANCE OF EASEMENT. For and in
consideration of ONE DOLLAR ($1.00), cash in hand paid, the Grantor hereby dedicates, grants
benches for the convenience and comfort of the public; and (5) all other improvements that are
reasonable for a public access trail.
C. Ownership of improvements. All improvements within the Easement established
by the Grantee shall be and remain the property of the Grantee.
D. Right to inspea maintain and operate the Greenway. The Grantee may enter the
Easement to inspect, maintain and operate the Greenway as provided herein:
Right to disturb and maintain the Easement premises. The Grantee shall
have the right to trim, cut or remove any trees, brush or shrubbery; remove and relocate fences,
structures or other obstructions; and take other similar action reasonably necessary to establish,
maintain and operate an adequate and fully functioning Greenway; provided, however, that: (1)
the Grantee, at its own expense, shall restore as nearly as possible, repair and replace only ground
cover disturbed, damaged or removed as a result of establishing, maintaining or operating the
Greenway to the extent the restoration or replacement is consistent with its proper maintenance,
operation, and use; and (2) after the Grantee establishes the Greenway, no trees having a diameter
at breast height of four (4) inches or greater shall be removed, destroyed or cut within the Easement
except to protect public safety, eliminate trees that are either diseased, dying or dead, or is deemed
necessary in accordance with standard arborist practices.
2. Obligation to remove trash and other debris. The Grantee shall remove from
the Easement all trash and other debris resulting from the establishment, maintenance or operation
of the Greenway.
4. RESTRICTIONS ON USES AND ACTIVITIES IN THE EASFMENT. The Grantee
shall have the right to regulate and restrict the uses and activities of the public within the Easement,
in its sole discretion.
deed conveying all or any part of the Property, the Easement shall be referenced by deed book and
page number in the deed of conveyance and shall state that this Deed is binding upon all successors
in interest in the Property in perpetuity.
F. Relation to applicable laws. This Deed does not replace, abrogate or otherwise
supersede any federal, state or local laws applicable to the Property.
G. Severability. If any provision of this Deed is determined to be invalid by a court of
competent jurisdiction, the remainder of this Easement shall not be affected thereby.
H. Recordation. Upon execution by the parties, this Deed shall be recorded with the
record of land titles in the Clerk's Office of the Circuit Court of Albemarle, Virginia.
I. Authority to convey easement. The Grantor covenants that it is vested with good
title to the Property and may convey the Easement.
J. Authority to accept easement. The Grantee is authorized to accept the Easement
pursuant to Virginia Code §15.2-1800,
K. Hold harmless. The Grantee shall hold the Grantor harmless as provided in
Virginia Code §29.1-509(E).
The Grantee, acting by and through its County Executive, duly authorized by resolution
adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance
of this property pursuant to Virginia Code §15.2-1803, as evidenced by the County Executive's
signature hereto and the recordation of this Deed.
GRANTEE:
Approved as to form:
County Attorney
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF
COUNTY OF ALBEMARLE, VIRGINIA
LE
Jeff Richardson, County Executive
The foregoing instrument was acknowledged before me this _ day of
20_ by Jeff Richardson, County Executive, on behalf of the
County of Albemarle, Virginia, Grantee.
My Commission expires:
Notary ID No.
Notary Public
RECEIVED
MAR 2 3 2016
COMMUNITY
01VELOPMENT