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Home My WebLink AboutSUB201200019 Review Comments Easement Plat 2012-08-29Ellie Ray From: Andy Herrick Sent: Wednesday, August 29, 2012 1:22 PM To: Ellie Ray Subject: FW: Albemarle Trial Easement Ellie, Thanks for your message about the Luck Stone greenway easement. For the reason discussed below, we decided that because this wasn't a required easement, we wouldn't be seeking subdivision agent approval. Does that make sense to you? Assuming Community Development does not need to sign, are you still interested in being brought up to speed? I'd be happy to do so, but don't want to waste your time if your only interest was fulfilling conditions of County signature. Also, we do have agreement between the parties on both the deed and the plats. Let me know if you have any questions or need anything else. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney - client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Bill Fritz Sent: Wednesday, August 01, 2012 1:37 PM To: Andy Herrick Subject: RE: Albemarle Trial Easement A subdivision plat is not needed so no portion of the subdivision ordinance comes into play. No division statement is needed. No signature line is needed. William D. Fritz, AICP Chief of Special Projects 434 - 296 -5823 ext. 3242 From: Andy Herrick Sent: Wednesday, August 01, 2012 10:54 AM To: Bill Fritz Subject: RE: Albemarle Trial Easement Bill, So as far as you're concerned, we could eliminate the statement required in Albemarle County Code § 14- 303(A): "The division of the land described herein is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees. Any reference to future potential development is to be deemed as theoretical only. All statements affixed to this plat are true and correct to the best of my knowledge. "? Assuming that this isn't a required plat, should we also delete your signature line? Anything else? Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attomey - client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Bill Fritz Sent: Wednesday, August 01, 2012 10:15 AM To: Andy Herrick Subject: RE: Albemarle Trial Easement Easement plats are only required for easements necessary to support the development (such as drainage, sight distance, stormwater etc.). This type of easement is a voluntary easement between the County and Luck Stone so no easement plat is required. A plat attached to a deed would not violate the subdivision ordinance and would be the proper route. I hope that helps. If you need something else just let me know. William D. Fritz, AICP Chief of Special Projects 434 - 296 -5823 ext. 3242 From: Andy Herrick Sent: Tuesday, July 31, 2012 11:01 AM To: Bill Fritz Subject: FW: Albemarle Trial Easement Bill, I'm currently working with Ed Kidd, an attorney in Richmond, to finalize the conveyance of a greenway easement along the Rivanna River from Luck Stone to the County. Ed is concerned about the standard "Owner's Approval" language required on easement plats. His follow -up question to me: Do we even need an easement plat for this greenway easement at all? Would a simple(r) plat, attached as an exhibit to a deed, suffice? Let me know if you know when an easement plat is required at all. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attomey - client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Andy Herrick Sent: Tuesday, July 31, 2012 8:37 AM To: 'Kidd, Ed' Cc: Bob Crickenberger; Dan Mahon Subject: RE: Albemarle Trial Easement Ed, Thanks for your message. The first paragraph of the Owner's Approval is actually part of the ordinance requirements for easement plats. Albemarle County Code § 14- 303(A) requires that a final plat contain (among other items): "A statement that: `The division of the land described herein is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees. Any reference to future potential development is to be deemed as theoretical only. All statements affixed to this plat are true and correct to the best of my knowledge. "' (See http: / /www.albemarle.org/upload /images /Forms_Center /Departments /County Attorney /Forms /Albemarle Cou my Code_ Ch14_Subdivision _ of Land.pdf at pale 44.) The exact words of the statement are specified and required by ordinance. This requirement extends to easement plats by virtue of Albemarle County Code § 14- 208.2(C). As for further revisions to the deed, I think the most recent version of that document resides with you. Assuming that's correct, I'd ask you to put the finishing touches on the deed. Let me know if you have other questions or would like to discuss. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972 -4067 Notice: This email may contain attomey - client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Kidd, Ed [ma ilto : Ed. Kidd @troutmansanders.corn] Sent: Monday, July 30, 2012 5:53 PM To: Andy Herrick Cc: Bob Crickenberger; Dan Mahon; Mark Vigil Subject: RE: Albemarle Trial Easement Andy, I had not seen the revised plats and just got them from Mark Vigil. The revised plats look ok except the first paragraph under the "Owner's Approval" was not deleted as previously requested. Is there some reason that change was not made? Once that is addressed, I agree with your suggested next step. Are you going to make the changes or would you like us to do so? Ed Edward B. Kidd Troutman Sanders LLP 1001 Haxall Point Richmond, Virginia 23219 Telephone: (804) 697 -1445 Fax: (804) 698 -6000 E -mail: ed.kidd@_troutmansanders.com From: Andy Herrick [ma iIto: aherrickCclalbemarle.org] Sent: Monday, July 30, 2012 4:50 PM To: Kidd, Ed Cc: Bob Crickenberger; Dan Mahon Subject: RE: Albemarle Trial Easement Ed, Have you had a chance to review the revised plat for Luck Stone's proposed greenway easement? If it is acceptable to you and Luck Stone, I think the next step would be to update the references to it in the draft deed. Let me know if you'd have any other suggestions or would like to discuss. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972 -4067 Notice: This email may contain attomey - client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Mark Vigil [ mai Ito: MVigilCabluckcompanies.com] Sent: Wednesday, July 18, 2012 4:54 PM To: Andy Herrick; Kidd, Ed Cc: Bob Crickenberger; Dan Mahon; Tom Lincoln Subject: RE: Albemarle Trial Easement All, Now that Dan and I have met onsite to determine the location of the gates and fencing around the trail easement and the plat has been updated, what is the next step? Thanks, MARK VIGIL Lease & Permitting Manager Environmental Design & Development LUCK COMPANIES me 9100 Luck Stone Lane Fredericksburg, VA 22407 MOB 540 - 408 -4025 EML mvigil @luckcompanies.com WEB luckcompanies.com IGNITING HUMAN POTENTIAL From: Andy Herrick [ mailto :aherrick(a)albemarle.org] Sent: Tuesday, June 05, 2012 9:41 AM To: Kidd, Ed Cc: Bob Crickenberger; Dan Mahon; Tom Lincoln; Mark Vigil Subject: RE: Albemarle Trial Easement Ed, Thanks. I'll ask Dan to schedule a site visit directly with Mark Vigil and Tom Lincoln in the next week or so. Thanks again. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972 -4067 Notice: This email may contain attomey - client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Kidd, Ed [ mailto : Ed. Kidd @troutmansanders.com] Sent: Tuesday, June 05, 2012 9:37 AM To: Andy Herrick Cc: Bob Crickenberger; Dan Mahon; Tom Lincoln; Mark Vigil Subject: RE: Albemarle Trial Easement Andy, Yes, Dan should get with Mark directly. Mark's phone number is (540) 408 -4025 and he is copied on this email. Ed Edward B. Kidd Troutman Sanders LLP 1001 Haxall Point Richmond, Virginia 23219 Telephone: (804) 697 -1445 Fax: (804) 698 -6000 E -mail: ed.kidd6a�troutmansanders.com From: Andy Herrick [ mailto :aherrick('Oalbemarle.org] Sent: Tuesday, June 05, 2012 9:33 AM To: Kidd, Ed Cc: Bob Crickenberger; Dan Mahon; Tom Lincoln Subject: RE: Albemarle Trial Easement Ed, Thanks for your message. I understand that Dan Mahon, our Greenway Coordinator, is in the process of setting up a site visit, so that we can better map the relocated and new fences and gates, as required on the Greenway Plan. Can he contact Mr. Vigil directly to set up that site visit? Let us know how we can help. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972 -4067 Notice: This email may contain attomey- client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Kidd, Ed [ mailto: Ed. Kidd (a)troutmansanders.com] Sent: Monday, June 04, 2012 1:30 PM To: Andy Herrick Cc: Mark Vigil; Bob Crickenberger; Dan Mahon Subject: FW: Albemarle Trial Easement Andy, Please give us a status report on the revised plats and plans to move forward. Thanks. Ed Edward B. Kidd Troutman Sanders LLP 1001 Haxall Point Richmond, Virginia 23219 Telephone: (804) 697 -1445 Fax: (804) 698 -6000 E -mail: ed.kidd(aDtroutmansanders.com From: Kidd, Ed Sent: Monday, May 14, 2012 2:18 PM To: 'Andy Herrick' Cc: Bob Crickenberger; Dan Mahon; 'Mark Vigil' Subject: RE: Albemarle Trial Easement Andy, Below is suggested language to replace in its entirety the existing language on the plats under "Owner's Approval ". Owner's Approval This plat has been made to facilitate dedication of an easement affecting the area shown on this plat as " Rivanna Greenway Easement" pursuant to and in accordance with that certain Deed of Easement dated , 2012, by and between Luck Stone Corporation and Rivanna, LLC, as grantors, and the County of Albemarle, Virginia, as grantee, which Deed of Easement is being recorded in the Clerk's Office, Circuit Court, Albemarle County, Virginia contemporaneous with recordation of this plat and the easement shown hereon shall be subject to and governed by the terms and conditions set forth in such Deed of Easement. We do not have definitive information on the areas shown as "ownership unknown ". Accordingly, the following sentence should be added either at the end of the "Owner's Approval" section or as a separate note. References on this plat to areas along the bank of or within the Rivanna River indicating "ownership unknown" are without prejudice to any claim that Luck Stone Corporation or Rivanna, LLC may have with respect to such areas. Please delete the references to "hereby dedicated to public use" or revise to read "dedicated to public use in accordance with the terms and conditions set forth in the certain Deed of Easement dated , 2012, by and between Luck Stone Corporation and Rivanna, LLC, as grantors, and the County of Albemarle, Virginia, as grantee. 4. Please revise the notes regarding stream buffers to insert "applicable provisions of" after "the" and before "water protection ordinance ". Let me know if you have any comments or questions regarding the requested changes. When the revised plats and the proposed " Greenway Plan ", if different, are available, please forward those for our review. Once the exhibits are finalized, we can clean up the references in the draft easement agreement to conform. Thanks Ed Edward B. Kidd Troutman Sanders LLP 1001 Haxall Point Richmond, Virginia 23219 Telephone: (804) 697 -1445 Fax: (804) 698 -6000 E -mail: ed.kidd(LDtroutmansanders.com