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HomeMy WebLinkAboutSUB201400073 Review Comments Miscellaneous Submittal 2014-08-22Ellie Ray From: Greg Kamptner Sent: Friday, August 22, 2014 1:41 PM To: Ellie Ray Cc: Lisa Busch Subject: OTC Phase III Block IIIB Attachments: im3511_20140822_132016.pdf; im3511_20140822_132052.pdf; im3511_20140822_ 132129.pdf Ellie- Attached are comments on the three documents reviewed. Hard copies being returned in the pony mail. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org Community Development Document Review County Attorney's Office TO: PROJECT NUMBER: �� / 2 01��10 2`3 ©�C � PkVt5-e 1 1 IJ You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement /easement Open space /greenway_easement Dedication of right -of -way Parcel determination Other: Dgd O The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below Zconditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: Signatures or acknowledgement need to be redone (see comment below) Legal description needs to be revised (see comment below) : Other (see comment below) If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. Date: �� G Vctn rD u n Att rney This document was prepared by: Richard G. Rasmussen, III, VSB No. 40694 McCallum & Kudravetz, P.C. 250 East High Street Charlottesville, VA 22902 Tax Map and Parcel Number: Portion of 05500- 00- 00 -078AO This deed is exempt from taxation under Virginia Code §§ 58.1 -81 l(A)(3). DEED OF DEDICATION THIS DEED OF DEDICATION is made this _ day of August, .2014 by and between Jackie B. SHIFFLETT ( "Shifflett") the "Grantor ", and the COUNTY OF ALBEN ARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner in fee simple of the real property located in Albemarle County that is described below and hereinafter referred to as the "Property;" WHEREAS, the Grantor offers to grant, convey and dedicate the Property to the County in fee simple for public use, namely, a public right -of -way and other public purposes; and WHEREAS, the Grantee is willing to accept the Grantor's offer of dedication. NOW, THEREFORE, in consideration of the mutual premises, the Grantor hereby grants, conveys, and dedicates for public use to the Grantee, its successors and assigns, with GENERAL WARRANTY AND ENGLISH COVENANTS OF TITLE, the following real property, to wit: Those certain lands, shown and designated as "Open Space Hereby Dedicated to Albemarle County (0.295 Acres) "; "Open Space Hereby Dedicated to Albemarle County (0.091 acres)" and "Open Space Hereby Dedicated to Albemarle County (0.850 acres)" on "Creekside III, Phase IIIB, White Hall District, Albemarle County, Virginia bn the plat dated April28� 2014, last revised August 9, 2014, prepared by Commonwealth Land Surveying, LLC (the "Plat ") which Plat is attached hereto. Reference is made to the Plat for a more particular description of the location of the Property. The Property conveyed herein is a portion of those certain lots or parcels of land acquired by Shifflett by a deed recorded in the land records of the Clerk's Office of the Circuit Court of the County of Albemarle, Virginia, in Deed Book 1949, Page 149. This conveyance is made expressly subject to all restrictions, conditions, rights -of -way and easements, if any, contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the Property conveyed hereby, insofar as the same affect 1 the Property, which have not expired by_a time limitation contained therein or have not otherwise become ineffective. The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property pursuant to Virginia Code § 15.2 -1803, as evidenced by the County Executive's signature hereto and the recordation of this Deed. WITNESS the following signatures. GRANTOR: Jackie B. Shifflett COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2014, by Jackie B. Shifflett, Grantor. Notary Public My Commission Expires: Registration Number: [SIGNATURES CONTINUE ON FOLLOWING PAGE] 2 GRANTEE: COUNTY OF ALBEMARLE, VIRGINIA By: Thomas C. Foley, County Executive COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE: The foregoing instrument was acknowledged before me this day of 2014, by Thomas C. Foley, County Executive, on behalf of the County of Albemarle, Virginia, Grantee. - - - - - - - - - - - Notary Public My Commission Expires: Registration Number: Approved as to form: County Attorney EAData Files \CLIENTS \Old Trail Crksde IV\Dev Matters (16555)\Deed of Dedication - CrksdeIII PHIIIB.doc ka Community Development Document Review County Attorney's Office TO:� PROJECT NUMBER: 506 20 1 � f - oo(213 OTT You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement /easement Open space /greenway easement Dedication of right -of -way Parcel determination Other: The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements ✓ is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: Signatures or acknowledgement need to be redone (see comment below) Legal description needs to be revised (see comment below) f : Other (see comment below) Comment: �eq�( eS�r/ p -hbr► m rSY Ken lti lb c l "de.5 D t% bIl `C 51ree -ts be- dedii�4fed- 6ee cornrum 4- on o. If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. Date: 10 2 97 1 Gre the De un Attorney N This document was prepared by: Albemarle County Attorney County of Albemarle 401 McIntire Road Charlottesville, Virginia 22902 Tax Map and Parcel Number 05500 -00 -00 -07800 (portion) This deed is exempt from taxation under Virginia Code § 58.1- 811(A)(3). DEED OF EASEMENT THIS DEED OF EASEMENT is made this day of , 2014 by and between Jackie B. SHIFFLETT, Grantor, and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain real property (hereinafter the "Property") located in Albemarle County, Virginia, more particularly described as follows: That certain real property shown and designated as "Variable Width Drainage go,,d s coral jn f Easement Hereby Dedicated to Public Use "; " sec s iivLp tt C'iv+t ofon Public -Use (0148 re -(46 j , as shown on the plat of Commonwealth Land Surveying, LLC, dated receralecitcn 6F April 28, 2014, last revised August 9, 2014, entitled Creekside III Phase II1B, a copy -the pici' of which is attached hereto to be recorded with this deed (hereinafter, the "Easement" and the "Plat "). Reference is made to the Plat for a more particular description of the easement conveyed herein. WHEREAS, the Property is described further as a portion of that certain lot or parcel of land situated in the White Hall Magisterial District of the County of Albemarle, Virginia, designated as TMP 05500 -00 -00 -07800 IN PART, conveyed to the Grantor by deed of Mary M. Shifflett, recorded in said Clerk's Office in Deed Book 1949, Page 149; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey the Easement for public use in accordance with this Deed of Easement; and WHEREAS, it is the desire and intent of the Grantor to dedicate, grant and convey all rights, title and interest in all existing stormwater management facilities, ditches, pipes and other 1 Community. Development Document Review County Attorney's Office TO:L PROJECT NUMBER: You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement /easement _Open space /greenway easement__ Dedication of right -of -way Parcel determination _/ Other: Ve- G 16C r-C-L The doc ment: is a pp roved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: Signatures or acknowledgement need to be redone (see comment below) Legal description needs to be revised (see comment below) : Other (see comment below) If the document is approved, was submitted with the applicants' signatures, and is one to which the County is a party, signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants' signatures, a final version of the document with the required signatures may now be submitted. Dater"2_1 � f Glg tiiptn�r V D oun Attorney o Albemarle County TMP# Portion of 05500- 00- 00 -078AO PREPARED BY: Richard G. Rasmussen, III, VSB No. 40694 McCallum & Kudravetz, P.C. 250 East High Street Charlottesville, VA 22902 SUPPLEMENTAL DECLARATION OF COVENANTS AND RESTRICTIONS OF OLD TRAIL THIS SUPPLEMENTAL DECLARATION (this "Supplemental Declaration ") is made this day of 2014, by Gaylon T. BEIGHTS, hereinafter called "Beights "; and OLD TRAIL CREEKSIDE IV, LLC, a Virginia limited liability company, hereinafter called "Owner ". WHEREAS, Old Trail Creekside IV, LLC is the owner of Lots 40, 41, 42, 43, 44 and 45 (the "Lots ") as shown on the plat entitled " Creekside III, Phase IIIB" (the "Plat ") dated April 28, 2014, last revised August 9, 2014, prepared by Commonwealth Land Surveying, LLC, which was recorded in the Clerk's Office of the Circuit Court of the County of Albemarle in Deed Book , page . The Lots are the same property conveyed to Owner by Deed from Jackie B. Shifflett, dated _, 2014, recorded, in said Clerk's Office in Deed Book page I WHEREAS, March Mountain Properties and Old Trail Community Association, Inc. previously executed the Declaration of Covenants and Restrictions of Old Trail dated December 10, 2004, of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 2887, page 336. Such Declaration and all amendments, modifications and supplements thereto are referred to herein as the "Declaration".