Loading...
HomeMy WebLinkAboutSUB202200147 Correspondence 2022-12-19Syd Shoaf From: Syd Shoaf Sent: Monday, December 19, 2022 1:18 PM To: Ken Dabkowski Subject: RE: Deed of Vacation County update Great! Thank you, Ken for your patience throughout this whole process. Have a great holiday season! Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, December 19, 2022 11:38 AM To: Syd Shoaf <sshoaf@albemarle.org> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Syd, David stopped by this morning to sign the plats and left one with you. I brought the other one to the lawyer's office to file. I think we are in good shape, yes? Thank you again for all your work on this! Ken On Fri, Dec 16, 2022 at 3:53 PM Syd Shoaf <sshoaf@albemarle.org> wrote: Good afternoon Ken, The plats are signed on my end, but we are missing David Linke's signature on the survey seal. I dropped off the two plats at the CDD front desk for you. Please have David Linke sign both copies and drop one copy back off to the CDD front desk so I can close out this application. Let me know if you have any questions. Hope you have a great weekend! Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, December 12, 2022 9:35 AM To: Syd Shoaf <sshoaf6@a11bemar1e.org> Cc: Pete Caramanis <pcaramanis@rc.law>; Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Good morning Syd, I dropped off the two signed and notarized copies of the attached document plat this morning to the CDD office. Please let me know if you need anything else to proceed. Thanks! Ken On Fri, Dec 2, 2022 at 3:32 PM Syd Shoaf <sshoaf@albemarle.org> wrote: Yes, please bring two copies of the attached document. They will need to be signed and notarized prior to your submittal to CDD. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 401 McIntire Road, Charlottesville, VA 22902 From: ken dabkowski <ken.dabkowski@gmail.com> Sent: Friday, December 2, 2022 3:29 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Pete Caramanis <pcaramanis@rc.law>; Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you Syd and Pete, Shall I print out two hard copies of the draft that Pete sent originally and bring them over to CDD? Thanks, Ken Sent from my iPhone On Dec 2, 2022, at 1:09 PM, Syd Shoaf <sshoaf@albemarle.org> wrote: Hello Pete, I discussed this with my colleagues and we agree with you. The County signature on the Vacation Plat will be sufficient without further deed. Please submit two hard copies to the Community Development Department front desk for signatures and final approval. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Monday, November 28, 2022 12:15 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Ken Dabkowski <ken.dabkowski@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Syd, Thank you. I'm all for doing this the easiest way possible, but the template you provided is for relocation of an easement, where here we are simply trying to vacate a reserved right-of-way not relocate it. I understand that the County does not have any ownership of the underlying land at present, but it does have some legal right based on the fact that the land is reserved for right-of-way at the request of the County. What we need to do is make clear that the County cannot in the future demand dedication of that right-of-way, and therefore, the County is giving up a right. In order to reflect that it is giving up that right, it seems to me the County needs to sign something showing that it has done so. Otherwise, reserving it in the first place has no meaning if it can be unilaterally revoked by the landowner. If you think the Vacation Plat being signed by the County is sufficient without further deed, then we could simply put the approved and signed plat to record with a Certificate of Plat and call it a day. Thoughts? Again, I'm happy to do this the easy way, but I want to be sure that other people who may look at this in the future are clear as to the impact of what we are doing. Pete <image003.png> Peter J. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767,x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image004.png> From: Syd Shoaf <sshoaf@albemarle.org> Date: Wednesday, November 16, 2022 at 3:31 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com>, Bill Fritz <BFRITZ@albemarle.org>, Cameron Langille <blangille@albemarle.org>, Ken Dabkowski <ken.dabkowski@gmail.com> Subject: RE: Deed of Vacation County update Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext. 3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@gmail.com>; Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete <image005.png> Peter J. Caramanis 7 pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767,x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image006.png> From: Ken Dabkowski <ken.dabkowski@gmaiLcom> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@email.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 Syd Shoaf From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, December 19, 2022 11:38 AM To: Syd Shoaf Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Syd, David stopped by this morning to sign the plats and left one with you. I brought the other one to the lawyer's office to file. I think we are in good shape, yes? Thank you again for all your work on this! Ken On Fri, Dec 16, 2022 at 3:53 PM Syd Shoaf <sshoaf@albemarle.ors> wrote: Good afternoon Ken, The plats are signed on my end, but we are missing David Linke's signature on the survey seal. I dropped off the two plats at the CDD front desk for you. Please have David Linke sign both copies and drop one copy back off to the CDD front desk so I can close out this application. Let me know if you have any questions. Hope you have a great weekend! Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County 10 sshoafCa@albemarle.or¢ 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski(@email.com> Sent: Monday, December 12, 2022 9:35 AM To: Syd Shoaf <sshoaf(@albemarle.org> Cc: Pete Caramanis <pcaramanis@rc.law>; Erin Micheletti <emicheletti(@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Good morning Syd, I dropped off the two signed and notarized copies of the attached document plat this morning to the CDD office. Please let me know if you need anything else to proceed. Thanks! Ken On Fri, Dec 2, 2022 at 3:32 PM Syd Shoaf <sshoaf@albemarle.org> wrote: Yes, please bring two copies of the attached document. They will need to be signed and notarized prior to your submittal to CDD. Thank you, Syd Shoaf Senior Planner Community Development Department 11 Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: ken dabkowski <ken.dabkowski@gmail.com> Sent: Friday, December 2, 2022 3:29 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Pete Caramanis <pcaramanis@rc.law>; Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.org>;Cameron Langille <blangille@albemarle.org> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you Syd and Pete, Shall I print out two hard copies of the draft that Pete sent originally and bring them over to CDD? Thanks, Ken Sent from my iPhone On Dec 2, 2022, at 1:09 PM, Syd Shoaf <sshoaf@albemarle.org> wrote: Hello Pete, 12 I discussed this with my colleagues and we agree with you. The County signature on the Vacation Plat will be sufficient without further deed. Please submit two hard copies to the Community Development Department front desk for signatures and final approval. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle Cou sshoaf@albemarle.org 434-296-5832 ext. 3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis(c@rc.law> Sent: Monday, November 28, 2022 12:15 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZCa@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Ken Dabkowski <ken.dabkowski@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Syd, 13 Thank you. I'm all for doing this the easiest way possible, but the template you provided is for relocation of an easement, where here we are simply trying to vacate a reserved right-of-way not relocate it. I understand that the County does not have any ownership of the underlying land at present, but it does have some legal right based on the fact that the land is reserved for right-of-way at the request of the County. What we need to do is make clear that the County cannot in the future demand dedication of that right-of-way, and therefore, the County is giving up a right. In order to reflect that it is giving up that right, it seems to me the County needs to sign something showing that it has done so. Otherwise, reserving it in the first place has no meaning if it can be unilaterally revoked by the landowner. If you think the Vacation Plat being signed by the County is sufficient without further deed, then we could simply put the approved and signed plat to record with a Certificate of Plat and call it a day. Thoughts? Again, I'm happy to do this the easy way, but I want to be sure that other people who may look at this in the future are clear as to the impact of what we are doing. Pete <i m age003. p ng> Peter J. Caramanis Attorney at Law ocaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767,x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image004.png> 14 From: Syd Shoaf <sshoaf@albemarle.org> Date: Wednesday, November 16, 2022 at 3:31 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com>, Bill Fritz <BFRITZ@albemarle.org>, Cameron Langille <blangille@albemarle.org>, Ken Dabkowski <ken.dabkowski@Rmail.com> Subject: RE: Deed of Vacation County update Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 15 From: Pete Caramanis <pcaramanis(c@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@grnail.com>; Syd Shoaf <sshoaf@albemarle.or¢> Cc: Erin Micheletti <emicheletti@grnail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete <image005.png> Peter 3. Caramanis ocaramanis(a)rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767,x302 (434) 260-5757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image006.png> 16 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. 17 Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ore 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 18 Syd Shoaf From: Margaret Noel Sent: Monday, December 19, 2022 9:32 AM To: Syd Shoaf Subject: SUB2022-00147 Dabkowski plat signed Syd, On Friday, you left a plat to be signed by the surveyor at the CDD front desk. He has come in to sign it. Now I have 2 copies, 1 will be here for the owner to pick up. The other is for you to keep for records. It will be in the bin at the front desk. Thank you, Maggie Noel mnoel e albemarle.org 434-296-5832 x3833 Community Development Department Hours: We are open Monday through Friday 8am-5pm. Lobby Walk - In hours- Monday, Wednesday, and Friday from 8am-5pm. Application drop off hours- Monday through Friday 8am-5pm. Appointments available Monday through Friday 8am-5pm. "Appointments MUST be made with the specific staff member in advance. 19 Syd Shoaf From: Syd Shoaf Sent: Monday, December 12, 2022 11:05 AM To: Ken Dabkowski Cc: Pete Caramanis; Erin Micheletti Subject: RE: Deed of Vacation County update Thank you, Ken. I will let you know once they are signed from the County's end. Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, December 12, 2022 9:35 AM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Pete Caramanis <pcaramanis@rc.law>; Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Good morning Syd, I dropped off the two signed and notarized copies of the attached document plat this morning to the CDD office. Please let me know if you need anything else to proceed. Thanks! Ken On Fri, Dec 2, 2022 at 3:32 PM Syd Shoaf <sshoaf@albemarle.org> wrote: Yes, please bring two copies of the attached document. They will need to be signed and notarized prior to your submittal to CDD. Thank you, 20 Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: ken dabkowski <ken.dabkowski@gmail.com> Sent: Friday, December 2, 2022 3:29 PM To: Syd Shoaf <sshoafCa@albemarle.org> Cc: Pete Caramanis <pcaramanis@rc.law>; Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ(a@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you Syd and Pete, Shall I print out two hard copies of the draft that Pete sent originally and bring them over to CDD? Thanks, Ken Sent from my Whone 21 On Dec 2, 2022, at 1:09 PM, Syd Shoaf <sshoaf(c@albemarle.org> wrote: Hello Pete, I discussed this with my colleagues and we agree with you. The County signature on the Vacation Plat will be sufficient without further deed. Please submit two hard copies to the Community Development Department front desk for signatures and final approval. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Monday, November 28, 2022 12:15 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Ken Dabkowski <ken.dabkowski@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. 22 Syd, Thank you. I'm all for doing this the easiest way possible, but the template you provided is for relocation of an easement, where here we are simply trying to vacate a reserved right-of-way not relocate it. I understand that the County does not have any ownership of the underlying land at present, but it does have some legal right based on the fact that the land is reserved for right-of-way at the request of the County. What we need to do is make clear that the County cannot in the future demand dedication of that right-of-way, and therefore, the County is giving up a right. In order to reflect that it is giving up that right, it seems to me the County needs to sign something showing that it has done so. Otherwise, reserving it in the first place has no meaning if it can be unilaterally revoked by the landowner. If you think the Vacation Plat being signed by the County is sufficient without further deed, then we could simply put the approved and signed plat to record with a Certificate of Plat and call it a day. Thoughts? Again, I'm happy to do this the easy way, but I want to be sure that other people who may look at this in the future are clear as to the impact of what we are doing. Pete <image003.png> Peter J. Caramanis Attorney at Law ocaramanls@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767,x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. 23 <image004.png> From: Syd Shoaf <sshoafCa@albemarle.org> Date: Wednesday, November 16, 2022 at 3:31 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@email.com>, Bill Fritz <BFRITZCa@albemarle.org>, Cameron Langille <blanRille@albemarle.orR>, Ken Dabkowski <ken.dabkowski@Rmail.com> Subject: RE: Deed of Vacation County update Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 24 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@email.com>; Syd Shoaf <sshoaf@albemarle.ora> Cc: Erin Micheletti <emicheletti@Rmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete <image005.png> Peter J. Caramanis Attorney at Law pcaramanls(a%rc. law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767,x302 (434) 260-8757 Direct (434) 710-4061 Fax 25 NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image006.png> From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@r mail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed —do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. 26 Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.orR 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 27 Syd Shoaf From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, December 12, 2022 9:35 AM To: Syd Shoaf Cc: Pete Caramanis; Erin Micheletti Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Good morning Syd, I dropped off the two signed and notarized copies of the attached document plat this morning to the CDD office. Please let me know if you need anything else to proceed. Thanks! Ken On Fri, Dec 2, 2022 at 3:32 PM Syd Shoaf <sshoaf@albemarle.org> wrote: Yes, please bring two copies of the attached document. They will need to be signed and notarized prior to your submittal to CDD. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@a I bemarle.or¢ 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 28 From: ken dabkowski <ken.dabkowski@gmail.com> Sent: Friday, December 2, 2022 3:29 PM To: Syd Shoaf <sshoaf(@albemarle.org> Cc: Pete Caramanis <pcaramanis@rc.law>; Erin Micheletti <emicheletti(a)gmail.com>; Bill Fritz <BFRITZ@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you Syd and Pete, Shall I print out two hard copies of the draft that Pete sent originally and bring them over to CDD? Thanks, Ken Sent from my Whone On Dec 2, 2022, at 1:09 PM, Syd Shoaf <sshoaf@albemarle.org> wrote: Hello Pete, I discussed this with my colleagues and we agree with you. The County signature on the Vacation Plat will be sufficient without further deed. Please submit two hard copies to the Community Development Department front desk for signatures and final approval. Thank you, Syd Shoaf 29 Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ore 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Monday, November 28, 2022 12:15 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.ors>; Cameron Langille <blangille@albemarle.org>; Ken Dabkowski <ken.dabkowski@email.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Syd, Thank you. I'm all for doing this the easiest way possible, but the template you provided is for relocation of an easement, where here we are simply trying to vacate a reserved right-of-way not relocate it. I understand that the County does not have any ownership of the underlying land at present, but it does have some legal right based on the fact that the land is reserved for right-of-way at the request of the County. What we need to do is make clear that the County cannot in the future demand dedication of that right-of-way, and therefore, the County is giving up a right. In order to reflect that it is giving up that right, it seems to me the County needs to sign something showing that it has done so. Otherwise, reserving it in the first place has no meaning if it can be unilaterally revoked by the landowner. If you think the Vacation Plat being signed by the County is sufficient without further deed, then we could simply put the approved and signed plat to record with a Certificate of Plat and call it a day. Thoughts? Again, I'm happy to do this the easy 30 way, but I want to be sure that other people who may look at this in the future are clear as to the impact of what we are doing. Pete <image003.png> Peter 7. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767,x302 (434) 260-8757 Direct (434)710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image004.png> From: Syd Shoaf <sshoaf@albemarle.org> Date: Wednesday, November 16, 2022 at 3:31 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@email.com>, Bill Fritz <BFRITZ(c@albemarle.org>, Cameron Langille <blaneille@albemarle.ore>, Ken Dabkowski <ken.dabkowski@email.com> Subject: RE: Deed of Vacation County update Good afternoon Pete, 31 Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albema rle.ore 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@email.com>; Syd Shoaf <sshoaf@albemarle.ore> Cc: Erin Micheletti <emicheletti@email.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, 32 Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete <image005.png> Peter J. Caramanis Attorney at Law ocaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image006.png> From: Ken Dabkowski <ken.dabkowski@email.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@rmail.com> Subject: Deed of Vacation County update 33 Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County 34 sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 35 Syd Shoaf From: Pete Caramanis <pcaramanis@rc.law> Sent: Friday, December 2, 2022 4:15 PM To: ken dabkowski; Syd Shoaf Cc: Erin Micheletti; Bill Fritz; Cameron Langille Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken, No need to use the document I originally drafted (or any other County template) per the most recent County comments. There will be no need for a deed at all. I can prepare a Certificate of Plat which only you and Erin will need to sign and once the plat is fully signed by everyone, including the County, I can record it along with the Certificate of Plat. Pete ROYER CARAMANIS Peter J. Caramanis At. pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. ATttMNIY �u mmm From: ken dabkowski <ken.dabkowski@gmail.com> Sent: Friday, December 2, 2022 3:29 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Pete Caramanis <pcaramanis@rc.law>; Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.org>; Cameron Langille <blangille@albemarle.org> Subject: Re: Deed of Vacation County update Thank you Syd and Pete, 36 Shall I print out two hard copies of the draft that Pete sent originally and bring them over to CDD? Thanks, Ken Sent from my iPhone On Dec 2, 2022, at 1:09 PM, Syd Shoaf <sshoaf@albemarle.org> wrote: Hello Pete, I discussed this with my colleagues and we agree with you. The County signature on the Vacation Plat will be sufficient without further deed. Please submit two hard copies to the Community Development Department front desk for signatures and final approval. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Monday, November 28, 2022 12:15 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Ken Dabkowski <ken.dabkowski@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Syd, Thank you. I'm all for doing this the easiest way possible, but the template you provided is for relocation of an easement, where here we are simply trying to vacate a reserved right-of-way not relocate it. I understand that the County does not have any ownership of the underlying land at present, but it does have some legal right based on the fact that the land is reserved for right-of-way at the request of the County. What we need to do is make clear that the County cannot in the future demand dedication of that right-of-way, and therefore, the County is giving up a right. In order to reflect that it is giving up that right, it seems to me the County needs to sign something showing that it has done so. Otherwise, reserving it in the first place has no meaning if it can be unilaterally revoked by the landowner. 37 If you think the Vacation Plat being signed by the County is sufficient without further deed, then we could simply put the approved and signed plat to record with a Certificate of Plat and call it a day. Thoughts? Again, I'm happy to do this the easy way, but I want to be sure that other people who may look at this in the future are clear as to the impact of what we are doing. Pete <image003.png> Peter J. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image004.png> From: Syd Shoaf <sshoaf@albemarle.org> Date: Wednesday, November 16, 2022 at 3:31 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com>, Bill Fritz <BFRITZ@albemarle.org>, Cameron Langille <blangille@albemarle.org>, Ken Dabkowski <ken.dabkowski@gmail.com> Subject: RE: Deed of Vacation County update Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County 38 sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@gmail.com>; Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete <image005.png> Peter J. Caramanis Attorney at Law ocaramanls@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image006.png> From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. 39 Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 2 Syd Shoaf From: ken dabkowski <ken.dabkowski@gmail.com> Sent: Friday, December 2, 2022 3:29 PM To: Syd Shoaf Cc: Pete Caramanis; Erin Micheletti; Bill Fritz, Cameron Langille Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you Syd and Pete, Shall I print out two hard copies of the draft that Pete sent originally and bring them over to CDD? Thanks, Ken Sent from my Whone On Dec 2, 2022, at 1:09 PM, Syd Shoaf <sshoaf@albemarle.org> wrote: Hello Pete, I discussed this with my colleagues and we agree with you. The County signature on the Vacation Plat will be sufficient without further deed. Please submit two hard copies to the Community Development Department front desk for signatures and final approval. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Monday, November 28, 2022 12:15 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Ken Dabkowski <ken.dabkowski@gmail.com> Subject: Re: Deed of Vacation County update 41 This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Syd, Thank you. I'm all for doing this the easiest way possible, but the template you provided is for relocation of an easement, where here we are simply trying to vacate a reserved right-of-way not relocate it. I understand that the County does not have any ownership of the underlying land at present, but it does have some legal right based on the fact that the land is reserved for right-of-way at the request of the County. What we need to do is make clear that the County cannot in the future demand dedication of that right-of-way, and therefore, the County is giving up a right. In order to reflect that it is giving up that right, it seems to me the County needs to sign something showing that it has done so. Otherwise, reserving it in the first place has no meaning if it can be unilaterally revoked by the landowner. If you think the Vacation Plat being signed by the County is sufficient without further deed, then we could simply put the approved and signed plat to record with a Certificate of Plat and call it a day. Thoughts? Again, I'm happy to do this the easy way, but I want to be sure that other people who may look at this in the future are clear as to the impact of what we are doing. Pete <image003.png> Peter J. Caramanis Attorney at Law pcaramanls@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image004.png> From: Syd Shoaf <sshoaf@albemarle.org> Date: Wednesday, November 16, 2022 at 3:31 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com>, Bill Fritz <BFRITZ@albemarle.org>, Cameron Langille <blangille@albemarle.or¢>, Ken Dabkowski <ken.dabkowski@gmail.com> Subject: RE: Deed of Vacation County update Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided 42 to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@gmail.com>; Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete <image005.png> Peter J. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 43 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. <image006.png> From: Ken Dabkowski <ken.dabkowski@email.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 M 45 Syd Shoaf From: Syd Shoaf Sent: Friday, December 2, 2022 1:10 PM To: Pete Caramanis Cc: Erin Micheletti; Bill Fritz, Cameron Langille; Ken Dabkowski Subject: RE: Deed of Vacation County update Hello Pete, I discussed this with my colleagues and we agree with you. The County signature on the Vacation Plat will be sufficient without further deed. Please submit two hard copies to the Community Development Department front desk for signatures and final approval. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Monday, November 28, 2022 12:15 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com>; Bill Fritz <BFRITZ@albemarle.org>; Cameron Langille <blangille@albemarle.org>; Ken Dabkowski <ken.dabkowski@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Syd, Thank you. I'm all for doing this the easiest way possible, but the template you provided is for relocation of an easement, where here we are simply trying to vacate a reserved right-of-way not relocate it. I understand that the County does not have any ownership of the underlying land at present, but it does have some legal right based on the fact that the land is reserved for right-of-way at the request of the County. What we need to do is make clear that the County cannot in the future demand dedication of that right-of-way, and therefore, the County is giving up a right. In order to reflect that it is giving up that right, it seems to me the County needs to sign something showing that it has done so. Otherwise, reserving it in the first place has no meaning if it can be unilaterally revoked by the landowner. 0 If you think the Vacation Plat being signed by the County is sufficient without further deed, then we could simply put the approved and signed plat to record with a Certificate of Plat and call it a day. Thoughts? Again, I'm happy to do this the easy way, but I want to be sure that other people who may look at this in the future are clear as to the impact of what we are doing. Pete ROYER c CARAMANIS Peter J. Caramanis Attorney at Law Dcaramanls(cbrc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. ucauuur. v � y- 3 L Best acwylers �� ATTORM �rmnw From: Syd Shoaf <sshoaf@albemarle.org> Date: Wednesday, November 16, 2022 at 3:31 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com>, Bill Fritz <BFRITZ@albemarle.org>, Cameron Langille <blangille@albemarle.org>, Ken Dabkowski <ken.dabkowski@gmail.com> Subject: RE: Deed of Vacation County update Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner 47 Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@gmail.com>; Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete I� ROYER CARAMANIS Peter J. Caramanis Attorney at Law Dcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. 48 Best L&!ers an-;;_; C)® A �I 1�l \R LEA From: Ken Dabkowski <ken.dabkowski@email.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 49 Syd Shoaf From: Pete Caramanis <pcaramanis@rc.law> Sent: Monday, November 28, 2022 12:15 PM To: Syd Shoaf Cc: Erin Micheletti; Bill Fritz, Cameron Langille; Ken Dabkowski Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Syd, Thank you. I'm all for doing this the easiest way possible, but the template you provided is for relocation of an easement, where here we are simply trying to vacate a reserved right-of-way not relocate it. I understand that the County does not have any ownership of the underlying land at present, but it does have some legal right based on the fact that the land is reserved for right-of-way at the request of the County. What we need to do is make clear that the County cannot in the future demand dedication of that right-of-way, and therefore, the County is giving up a right. In order to reflect that it is giving up that right, it seems to me the County needs to sign something showing that it has done so. Otherwise, reserving it in the first place has no meaning if it can be unilaterally revoked by the landowner. If you think the Vacation Plat being signed by the County is sufficient without further deed, then we could simply put the approved and signed plat to record with a Certificate of Plat and call it a day. Thoughts? Again, I'm happy to do this the easy way, but I want to be sure that other people who may look at this in the future are clear as to the impact of what we are doing. Pete I� ROYER a CARAMANIS Peter J. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. 50 Best Lawyers �® From: Syd Shoaf <sshoaf@albemarle.org> Date: Wednesday, November 16, 2022 at 3:31 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com>, Bill Fritz <BFRITZ@albemarle.org>, Cameron Langille <blangille@albemarle.org>, Ken Dabkowski <ken.dabkowski@gmail.com> Subject: RE: Deed of Vacation County update Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@gmail.com>; Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! 51 Pete 2= ROYER CARAMANIS Peter I Caramanis Attorney at Law Dcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. Best �n�.o.o .. 7 yyi ,a �"w�►"'r iS � r,nntrvn �r?.�' au or.n u� From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. 52 Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.or� 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 53 Syd Shoaf From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, November 28, 2022 11:20 AM To: Syd Shoaf Cc: Pete Caramanis; Erin Micheletti; Bill Fritz, Cameron Langille Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hi Pete, Happy Thanksgiving! Are you able to send this across to Syd? Thanks, Ken On Wed, Nov 16, 2022 at 3:31 PM Syd Shoaf <sshoaf@albemarle.ofg> wrote: Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County 54 sshoafCa@albemarle.or¢ 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@amaiI.com>; Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@email.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete ROYER E CARAMANIS Peter J. Caramanis Attorney at Law vca rama n is (a) rc. law 55 Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767,x302 (434) 260-8757 Direct (434)710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. Best Lawyers OMMMUM From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. 56 I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@ albema rle.or� 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 57 Syd Shoaf From: Syd Shoaf Sent: Wednesday, November 16, 2022 3:31 PM To: Pete Caramanis Cc: Erin Micheletti; Bill Fritz, Cameron Langille; Ken Dabkowski Subject: RE: Deed of Vacation County update Attachments: SUB201300084 Deed of Vacation Example.pdf Good afternoon Pete, Thank you for providing the draft deed of vacation. I reviewed this document with my colleagues, and the document needed for this vacation is actually a different template from the one that was provided to us for review. I have attached a deed of vacation from a similar application to use as a reference. The draft you provided for the County has a signature line for the County Executive. This is not required for the SUB202200147 application because the County does not have any ownership for the area that was previously reserved for future dedication. If you have any questions about the deed, please contact me or my colleague Bill Fritz (cc'd). Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@gmail.com>; Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete 58 rROYER c CARAMANIS Peter J. Caramanis Attorney at Law Dcaramanls@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. Best Li" iers 0 a �urn�n uw From: Ken Dabkowski <ken.dabkowski@email.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@smail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements 59 are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 60 Syd Shoaf From: Syd Shoaf Sent: Monday, October 24, 2022 8:42 AM To: Pete Caramanis; Ken Dabkowski Cc: Erin Micheletti; Cameron Langille Subject: RE: Deed of Vacation County update Good morning Peter, Thank you for sending the draft deed of vacation. I will let you know once I complete my review. Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski <ken.dabkowski@gmail.com>; Syd Shoaf <sshoaf@albemarle.org> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Re: Deed of Vacation County update CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete ROYER c CARAMANIS Peter J. Caramanis Attorney at Law pcaramanis@rc.law 61 Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply e-mail, so that our address records can be corrected. Thank you. AA��,Sl uouv}} �= 1.JGmv � 30) �trrnRver ...i.T+"" _ r au or�n u� From: Ken Dabkowski <ken.dabkowski@email.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. 62 Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 63 Syd Shod From: Matthew Wentland Sent: Friday, October 21, 2022 11:46 AM To: Syd Sheaf Subject: Planning Application Review for SUB202200147 DABKOWSKI VACATION PLAT TMP 41-6561. The Review for the following application has been completed: Application Number = SUB202200147 Reviewer= Matthew Wentland Review Status = No Objection Completed Date = 10/21/2022 This email was sent from County View Production. 64 Syd Shoaf From: Pete Caramanis <pcaramanis@rc.law> Sent: Thursday, October 20, 2022 4:41 PM To: Ken Dabkowski; Syd Shoaf Cc: Erin Micheletti Subject: Re: Deed of Vacation County update Attachments: 22-039-VAC PLAT SHEET 2 REVISED 101722.pdf; 22-039-VAC PLAT SHEET 1 REVISED 101722.pdf; Dabkowski Deed of Vacation.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Ken and Syd, Attached is a draft deed of vacation for County review. Please let me know if there are any comments or questions. Thanks! Pete IR ROYER CARAMANIS Peter J. Caramanis Attorney at Law pcaramanis@rc.law Royer Caramanis PLC 200-C Garrett St. Charlottesville, VA 22902 (434) 260-8767, x302 (434) 260-8757 Direct (434) 710-4061 Fax NOTICE: This electronic mail transmission may constitute an attorney -client communication that is privileged at law. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying it, and notify the sender by reply a --mail, so that our address records can be corrected. Thank you. anov IT Best La��}rers ATFOOMn From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 4:20 PM To: Pete Caramanis <pcaramanis@rc.law> Cc: Erin Micheletti <emicheletti@gmail.com> Subject: Deed of Vacation County update Sent from Syd Shoaf today 10/17 65 Good afternoon Ken (and others), I have looked at the revised plat (attached), and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 66 Syd Shoaf From: Virginia Landcraft <landcraft@embarqmail.com> Sent: Thursday, October 20, 2022 8:00 AM To: Syd Shoaf Cc: Ken Dabkowski; Cameron Langille; Erin Micheletti Subject: Re: SUB202200147 Dabkowski Vacation Plat - First Review Comments CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Thank you Syd. I'll await Engineering review. Best, David From: "sshoaf' <sshoaf@albemarle.org> To: "Ken Dabkowski" <ken.dabkowski@gmail.com> Cc: "Cameron Langille" <blangille@albemarle.org>, "Erin Micheletti" <emicheletti@gmail.com>, "landcraft" <landcraft@embargmail. com> Sent: Monday, October 17, 2022 4:04:51 PM Subject: RE: SUB202200147 Dabkowski Vacation Plat - First Review Comments Good afternoon Ken (and others), You're very welcome. I have looked at the revised plat, and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County 67 sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 2:23 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: Re: SUB202200147 Dabkowski Vacation Plat - First Review Comments CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Syd! Thank you again for working with me on this review! David Linke sent across the revised plat sheets and corrected all of the issues noted in your letter. I attached them again here. Please confirm receipt and let me know if you need anything else to proceed. Regarding Deed preparation: I have a lawyer ready to go on this part. I'm guessing this needs to be recorded after we get the signoff from your office, the CDD engineering review team AND the Board of Supervisors (BoS) approval? If that is confirmed, please let me know. Also, is the BoS approval a concurrent review process or does this happen finish -to -start after your review/approval and the engineering review/approval? I'll need some guidance there if possible and again, thank you! Thanks! Ken On Thu, Oct 13, 2022 at 4:30 PM Syd Shoaf <sshoaf@albemarle.org> wrote: Good afternoon, The First Review Comment Letter is attached. Once you have revised the plat, please submit for another review with staff. Additionally, the Community Development Department Engineering Division review is not yet complete, comments or approvals will be forwarded to the applicant upon receipt. Please let me know if you have any questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 68 M., Syd Shod From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Wednesday, October 19, 2022 2:21 PM To: Syd Sheaf Cc: Cameron Langille; Erin Micheletti; Virginia Landcraft Subject: Re: SUB202200147 Dabkowski Vacation Plat - First Review Comments CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Fantastic news all around, thank you Syd! Yes, Pete Caramanis should be working on the draft deed as we speak. I will have him send it to you when ready. Appreciate you working through all the changes and glad we are almost "good to go". Thanks, Ken On Mon, Oct 17, 2022 at 4:04 PM Syd Sheaf <sshoaf@albemarle.org> wrote: Good afternoon Ken (and others), You're very welcome. I have looked at the revised plat, and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. 70 Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.or> 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 2:23 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Cameron Langille <blangille@albemarle.ore> Subject: Re: SUB202200147 Dabkowski Vacation Plat - First Review Comments CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Syd! Thank you again for working with me on this review! David Linke sent across the revised plat sheets and corrected all of the issues noted in your letter. I attached them again here. Please confirm receipt and let me know if you need anything else to proceed. Regarding Deed preparation: I have a lawyer ready to go on this part. I'm guessing this needs to be recorded after we get the signoff from your office, the CDD engineering review team AND the Board of Supervisors (BoS) approval? If that is confirmed, please let me know. Also, is the BoS approval a concurrent review process or does this happen finish -to - start after your review/approval and the engineering review/approval? I'll need some guidance there if possible and again, thank you! Thanks! 71 Ken On Thu, Oct 13, 2022 at 4:30 PM Syd Shoaf <sshoaf@albemarle.ors> wrote: Good afternoon, The First Review Comment Letter is attached. Once you have revised the plat, please submit for another review with staff. Additionally, the Community Development Department Engineering Division review is not yet complete, comments or approvals will be forwarded to the applicant upon receipt. Please let me know if you have any questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 72 Syd Shoaf From: Syd Shoaf Sent: Monday, October 17, 2022 4:05 PM To: Ken Dabkowski Cc: Cameron Langille; Erin Micheletti; Virginia Landcraft Subject: RE: SUB202200147 Dabkowski Vacation Plat - First Review Comments Good afternoon Ken (and others), You're very welcome. I have looked at the revised plat, and all of my original comments have been addressed, so David will not need to revise it again unless Engineering has some comments that require revision. Regarding the deed — do you happen to have an attorney working on preparation of that already? If so, please send it to me whenever it has been drafted and I will review it. I know that you had some correspondence with other County staff members prior to submitting the plat application. As I was reviewing it, I spoke with some additional colleagues of mine and we determined that the BOS does not actually need to take an action on this plat in order for it to be approved. There are certain instances where public easements are proposed to be vacated through a plat that do require BOS approval. But this case is a little different based on some regulations contained in the State Code, to put a long story short. In terms of process — once all reviewers have verified that there are no more revisions needed to the plat, you will be able to submit hard copies of the plat and deed to me for final signature/approval. We will return the plat and deed to you, and then you can record them at the Circuit Court Clerk's office. Please let me know if you have any additional questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 2:23 PM To: Syd Shoaf <sshoaf@albemarle.org> Cc: Cameron Langille <blangille@albemarle.org> Subject: Re: SUB202200147 Dabkowski Vacation Plat - First Review Comments CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. 73 Hello Syd! Thank you again for working with me on this review! David Linke sent across the revised plat sheets and corrected all of the issues noted in your letter. I attached them again here. Please confirm receipt and let me know if you need anything else to proceed. Regarding Deed preparation: I have a lawyer ready to go on this part. I'm guessing this needs to be recorded after we get the signoff from your office, the CDD engineering review team AND the Board of Supervisors (BoS) approval? If that is confirmed, please let me know. Also, is the BoS approval a concurrent review process or does this happen finish -to -start after your review/approval and the engineering review/approval? I'll need some guidance there if possible and again, thank you! Thanks! Ken On Thu, Oct 13, 2022 at 4:30 PM Syd Shoaf <sshoaf@albemarle.ore> wrote: Good afternoon, The First Review Comment Letter is attached. Once you have revised the plat, please submit for another review with staff. Additionally, the Community Development Department Engineering Division review is not yet complete, comments or approvals will be forwarded to the applicant upon receipt. Please let me know if you have any questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@ albema rle.ore 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 74 75 Syd Shoaf From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Monday, October 17, 2022 2:23 PM To: Syd Shoaf Cc: Cameron Langille Subject: Re: SUB202200147 Dabkowski Vacation Plat - First Review Comments Attachments: 22-039-VAC PLAT SHEET 2 REVISED 101722.pdf, 22-039-VAC PLAT SHEET 1 REVISED 101722.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Syd! Thank you again for working with me on this review! David Linke sent across the revised plat sheets and corrected all of the issues noted in your letter. I attached them again here. Please confirm receipt and let me know if you need anything else to proceed. Regarding Deed preparation: I have a lawyer ready to go on this part. I'm guessing this needs to be recorded after we get the signoff from your office, the CDD engineering review team AND the Board of Supervisors (BoS) approval? If that is confirmed, please let me know. Also, is the BoS approval a concurrent review process or does this happen finish -to -start after your review/approval and the engineering review/approval? I'll need some guidance there if possible and again, thank you! Thanks! Ken On Thu, Oct 13, 2022 at 4:30 PM Syd Shoaf <sshoaf@albemarle.ore> wrote: Good afternoon, The First Review Comment Letter is attached. Once you have revised the plat, please submit for another review with staff. Additionally, the Community Development Department Engineering Division review is not yet complete, comments or approvals will be forwarded to the applicant upon receipt. Please let me know if you have any questions. Thank you, Syd Shoaf 76 Senior Planner Community Development Department Albemarle County sshoaf@albemarle.or� 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 77 Syd Shod From: Virginia Landcraft <landcraft@embarqmail.com> Sent: Monday, October 17, 2022 11:44 AM To: Syd Sheaf Cc: Ken Dabkowski; Erin Micheletti Subject: Plat of Vacation Revised SUB202200147 Attachments: 22-039-VAC PLAT SHEET 1 REVISED 101722.pdf, 22-039-VAC PLAT SHEET 2 REVISED 101722.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Hello Syd, I have revised sheets 1 and 2 of this plat of vacation as per your comments dated 10-13-22. 1 am attaching them here for your consideration. Thanks and Best, David Linke Virginia Landcraft Land Surveying P.O. Box 148 North Garden, VA 22959 434-293-2583 78 Syd Shoaf From: Syd Shoaf Sent: Thursday, October 13, 2022 4:31 PM To: Ken Dabkowski Cc: Cameron Langille Subject: SUB202200147 Dabkowski Vacation Plat - First Review Comments Attachments: SUB202200147 First Review Comments.pdf Good afternoon, The First Review Comment Letter is attached. Once you have revised the plat, please submit for another review with staff. Additionally, the Community Development Department Engineering Division review is not yet complete, comments or approvals will be forwarded to the applicant upon receipt. Please let me know if you have any questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 79 Syd Shoaf From: Syd Shoaf Sent: Thursday, October 13, 2022 2:33 PM To: John Anderson; Emily Cox; David James; Matthew Wentland Cc: Cameron Langille Subject: Transmittal of SUB202200147 Dabkowski Vacation Plat - First Review Comments Attachments: CDD Email Summary.pdf, Full CDD Correspondence - TMP 41-65131 CDD-INQ2022-0835 Application for Vacation plat. TMP 41-65131 CDD-INQ2022-0762 Questions re WPOG Map vs. Plat Building -Septic Setback & Reserved Right of Way.pdf Good afternoon, A Vacation Plat application has been submitted to the County for review. The application and plat can be accessed through the link below. FYI I attached some email correspondence about the stream buffer. LINK to SUB202200147 materials. Please send me any comments or approvals by Thursday, November 3rd, 2022. Please let me know if you have any questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.org 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 80 Syd Shoaf From: Sent: To: Subject: Attachments: FYI. Cameron Langille (pronounced "LAN-JILL") Principal Planner Albemarle County Cameron Langille Wednesday, September 28, 2022 3.42 PM Syd Shoaf FW: TMP 41-65B 1989-11-14 Letter from Bill Fritz to Roger Ray on TMP 41-65B and dedicated 50 ROW.pdf, 1989-11-14 PLAT attached to Letter from Bill Fritz to Roger Ray on TMP 41-65B and dedicated 50 ROW.pdf blangilleC@albemarle.org 434-296-5832 x3432 401 McIntire Road, Charlottesville, VA 22902 From: Patricia "Paty" Saternye <paaternye@albemarle.org> Sent: Wednesday, September 28, 2022 3:21 PM To: Cameron Langille <blangille@albemarle.org> Subject: TMP 41-65B Be well, Paty Saternye Senior Planner Albemarle County psaternyeCcDal bemarle.org 434-296-5832 x3250 401 McIntire Road, Suite 228, Charlottesville, VA 22902 81 Syd Shoaf From: Syd Shoaf Sent: Wednesday, September 28, 2022 2.45 PM To: Ken Dabkowski Subject: RE: TMP 41-65131 CDD-INQ2022-0762 Clarifications re: WPOG Map vs. Plat Building/Septic Setback & Reserved R/W Good afternoon Ken, Thank you for sending the additional information — it is very helpful. I was assigned to your project last week and typically reviews take 3-4 weeks. I will reach out to you if I have any questions. Thank you, Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Tuesday, September 27, 2022 2:28 PM To: Syd Shoaf <sshoaf@albemarle.org> Subject: TMP 41-65B1 CDD-INCt2022-0762 Clarifications re: WPOG Map vs. Plat Building/Septic Setback & Reserved R/W CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Syd, Very nice to meet you and thank you for working on our plat! I spoke with the inquiries line and they said that I should reach out to you to provide (attach) additional detail to my vacation plat application. I attached my previous CDD email correspondence which they said would help eliminate duplicate research for you. Also, I wanted to clarify three points: 1) Since the County Engineer (Frank Pohl), in a previous inquiry, stated that the WPO buffer shown in the county's GIS is correct, you'll notice that we applied for the NW 100' Septic and Building Setback to be vacated/removed. However, we wanted to clarify that we added the dark dotted line denoting the WPO Buffer from the SE (pond) setback as we think the pond buffer should remain. 82 2) The reserved R/W needs both CDD and Board of Supervisors (BoS) approval to allow the vacation. Is this process something that you can help guide us on? 3) The 75' building setback line from the 50' access easement is stated as a vacation, however we realize that a setback from an easement will still be on the plat. However, we believe it should be a 25' setback rather than 75' setback as per regulation. I hope this information is helpful. Please feel free to reach out to me anytime with questions. 413-687-4086 or this email. Thank you, Ken Attached: -Full previous CDD email Correspondence -CDD Email Summary (of pertinent Q&A) 83 Syd Shoaf From: Syd Shoaf Sent: Wednesday, September 28, 2022 10:15 AM To: Cameron Langille Subject: FW: TMP 41-65131 CDD-INQ2022-0762 Clarifications re: WPOG Map vs. Plat Building/Septic Setback & Reserved R/W Attachments: CDD Email Summary.pdf, Full CDD Correspondence - TMP 41-65131 CDD-INQ2022-0835 Application for Vacation plat. TMP 41-65131 CDD-INQ2022-0762 Questions re WPOG Map vs. Plat Building -Septic Setback & Reserved Right of Way.pdf Good morning Cameron, Forwarding you this for our training later today. I started reviewing the plat, but there is some information from the applicant below (and attached) that I'd like to go over with you. The application is SUB202200147 Dabowski Vacation Plat for your reference. In addition to the Vacation Plat, I reviewed a BLA and 2 Lot Subdivision that I would like to go over with you. Thanks! Syd Shoaf Senior Planner Community Development Department Albemarle County sshoaf@albemarle.ors 434-296-5832 ext.3902 401 McIntire Road, Charlottesville, VA 22902 From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Tuesday, September 27, 2022 2:28 PM To: Syd Shoaf <sshoaf@albemarle.org> Subject: TMP 41-65131 CDD-INCt2022-0762 Clarifications re: WPOG Map vs. Plat Building/Septic Setback & Reserved R/W CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Syd, Very nice to meet you and thank you for working on our plat! I spoke with the inquiries line and they said that I should reach out to you to provide (attach) additional detail to my vacation plat application. I attached my previous CDD email correspondence which they said would help eliminate duplicate research for you. Also, I wanted to clarify three points: 84 1) Since the County Engineer (Frank Pohl), in a previous inquiry, stated that the WPO buffer shown in the county's GIS is correct, you'll notice that we applied for the NW 100' Septic and Building Setback to be vacated/removed. However, we wanted to clarify that we added the dark dotted line denoting the WPO Buffer from the SE (pond) setback as we think the pond buffer should remain. 2) The reserved R/W needs both CDD and Board of Supervisors (BoS) approval to allow the vacation. Is this process something that you can help guide us on? 3) The 75' building setback line from the 50' access easement is stated as a vacation, however we realize that a setback from an easement will still be on the plat. However, we believe it should be a 25' setback rather than 75' setback as per regulation. I hope this information is helpful. Please feel free to reach out to me anytime with questions. 413-687-4086 or this email. Thank you, Ken Attached: -Full previous CDD email Correspondence -CDD Email Summary (of pertinent Q&A) 85 Syd Shod From: Ken Dabkowski <ken.dabkowski@gmail.com> Sent: Tuesday, September 27, 2022 2:28 PM To: Syd Shoaf Subject: TMP 41-65131 CDD-INQ2022-0762 Clarifications re: WPOG Map vs. Plat Building/Septic Setback & Reserved R/W Attachments: CDD Email Summary.pdf, Full CDD Correspondence - TMP 41-65131 CDD-INQ2022-0835 Application for Vacation plat. TMP 41-65131 CDD-INQ2022-0762 Questions re WPOG Map vs. Plat Building -Septic Setback & Reserved Right of Way.pdf CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Syd, Very nice to meet you and thank you for working on our plat! I spoke with the inquiries line and they said that I should reach out to you to provide (attach) additional detail to my vacation plat application. I attached my previous CDD email correspondence which they said would help eliminate duplicate research for you. Also, I wanted to clarify three points: 1) Since the County Engineer (Frank Pohl), in a previous inquiry, stated that the WPO buffer shown in the county's GIS is correct, you'll notice that we applied for the NW 100' Septic and Building Setback to be vacated/removed. However, we wanted to clarify that we added the dark dotted line denoting the WPO Buffer from the SE (pond) setback as we think the pond buffer should remain. 2) The reserved R/W needs both CDD and Board of Supervisors (BoS) approval to allow the vacation. Is this process something that you can help guide us on? 3) The 75' building setback line from the 50' access easement is stated as a vacation, however we realize that a setback from an easement will still be on the plat. However, we believe it should be a 25' setback rather than 75' setback as per regulation. I hope this information is helpful. Please feel free to reach out to me anytime with questions. 413-687-4086 or this email. Thank you, Ken Attached: -Full previous CDD email Correspondence -CDD Email Summary (of pertinent Q&A) 86