HomeMy WebLinkAboutSUB201400102 Review Comments Easement Plat 2014-07-14OE ALg�
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County of Albemarle
Department of Community Development
Memorandum
To:
Thomas Lincoln
From:
Christopher P. Perez- Senior Planner
Division:
Planning Services
Date:
July 14, 2014
Subject:
SUB- 2014 -102- Iwe LLC/ Acme Stove — Vacation Plat
The Planner for the Zoning & Current Development Division of the Albemarle County
Department Community Development will recommend approve the plan referred to above when
the following items have been satisfactorily addressed. (The following comments are those that
have been identified at this time. Additional comments or conditions may be added or eliminated
based on further review.) [Each comment is preceded by the applicable reference to the
Albemarle County Code.]
1. [14- 314,14- 206(4),14 -302 (A)(3)] Identification of all interests of the County in
Property. On the plat label the current owner of the 1,919.57 SF piece of property. Also,
provide the deed book and page number for 1,919.57 SF piece of property (public right of
way).
It appears the applicant contends that the County owns the land as an owner. signature
line has been provided on sheet 1 for County signature; however, a letter from VDOT
dated Dec 3, 2007 (see attached) states VDOT owns the land (per DB307 -131 & DB321-
27) and that they are not interested in selling the 1,919.57 SF portion of public right of
way. VDOT may have changed their stance since 2007; the plat has been forwarded to
VDOT for review.
The letter Dec 3, 2007 also discusses the 742.74 SF portion of land, which is proposed to
be dedicated to public use by this plat; however, VDOT does not feel this is required
because that portion of land has already been dedicated to public right of way (DB515-
406). The plat has been forwarded to VDOT for review.
Based on the above findings, it may be appropriate to only vacate the remainder of the
18' strip of land with this plat.
Please contact Christopher P. Perez at the Department of Community Development 296 -5832 ext.
3443 for further information.
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G®1V MONWFALTI-I OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601 ORANGE ROAD
CULPEPER, VIRGINIA 22701
DAVID S. EKERN, P.E. VirginiaDOT.org
COMMISSIONER December 3, 2007
Re - Property Exchange Request
Former Property of Wendall W. Wood
Requestor: Stonehaus,Inc.
Wesley L. Martin', Esquire ,
418 Fast Water Street
Charicttesvllle, VA 22902
Dear Mr. Martin:
Thank you for your email to Spencer Dejarnette regarding the availability for sale of the property
referenced above.
After receiving your email 1 did some court house research and subsequently consulted with our attorney,.
Mr. Robert L.'walker about the 18 foot strip dedicated for future passagaway.through lots. It is his opinion
ot
that the 18 fo strip was a dedication for road purposes and VOOT recognized that when the Service
-Road was constructed as part of Highway Project 6029- 002 -F19, RW -202.
Therefore it is VDOT's position that we would, not need to have'.Parcel "'C" 742.74 square feet re-
dedicated to the commonwealth since it was previously dedicated per the plat of record In Deed Book
515, Page 406.
We also concur with Use Graziano in that VDOT does have fee ownership of the 1919.57 square feet
area which was acquired from Norman.Kelsey and Lucile Kelsy in Deed Book 307, Page 131 and in Deed
Book 321, Page 27. Since this area is fee right of way and If VDOT decided to dispose of this area it
would have to be conveyed by deed and not vacated as shown on the proposed plat by Thomas B.
Lincoln.
We do appreciate your interest in the fee property but after speaking with my supervisor and others within
the department we feel it would not be In the best Interest to dispose of the 1919.57 square foot area,
Therefore It Is not for sale at this time. However, we feel Albemarle County could vacate the remainder of
the't8 foot strip area on Parcel "C" that is not needed for the Service Road.
Sincerely;
Roger.Clatterbuck -
Assistanf Right of Way Manager
RLC ' .
Co, Mr. Jack Kel'sey..'
WE KEEP VIRGINIA MOVING