HomeMy WebLinkAboutSUB201400102 Correspondence 2014-08-29Christopher Perez
From:
Christopher Perez
Sent:
Thursday, August 28, 2014 2:32 PM
To:
'Lisa Hawkins'
Cc:
'Martha Kidd'; 'Tom Lincoln'; Scott Collins
Subject:
Acme Vacation Plat (SUB2014 -102)
Lisa,
I have pulled the history on the 18' strip and believe that the strip can be vacated through the plat currently
under review in our office: SUB201400102 Iwe, llc Acme Stove. Planning comments were provided to the
surveyor on July 14, 2014 and VDOT comments were provided on August 6th 2014. At this point we're
awaiting a resubmittal of the plat to address the comments and move forward with the approval.
I offer the following explanation of why I believe the plat under review will suffice to vacate the 18' strip:
It does not appear that the 18 foot strip was dedicated to public use by recordation of the plat under what is now
Virginia Code 15.2 -2265.
Although the word "dedicated" is used in the note, the strip is not "set apart" as a street, alley (given its
location, it would not be an alley under any commonly understood meaning of the term) or other public use.
The 18' strip is shown to still be part of each of the lots. Thus, it could not have been a conveyance in fee
simple, which is what such a dedication for a street or other use would be. It also was not a public easement
because only certain types of stormwater and other utility -types of easements are conveyed to the locality or
other entity upon recordation of a plat. Though not determinative, the note on the plat does not state that the 18
foot strip is dedicated "to public use." Note also that the 30 foot setback line appears to be based on the northern
property line, not from the southern limit of the future passageway.
Unless there is a deed in the chain of title conveying the 18 foot strip to the County (which the County formally
accepted) or to third parties (who most likely would have been the purchasers of those lots) — and the plat
mentioned above (SUB201400102) which is under review does not include any deed book or page reference to
such a deed — it appears that the note and the 18 foot strip were, at best, an offer to dedicate to public use which
was never accepted.
Thus Vacating the relevant portion of the prior plat under Virginia Code 15.2 -2271 or 15.2- 2272 /County Code
14 -212.2 is not required.
The plat which we're currently reviewing will eliminate whatever that 18 foot strip purported to be.
Christopher P. Perez I Senior Planner
Department of Community Development I County of Albemarle, Virginia
401 McIntire Road I Charlottesville, VA 22902
434.296.5832 ext. 3443
From: Christopher Perez
Sent: Friday, August 22, 2014 1:00 PM
To: 'Lisa Hawkins'
Cc: Martha Kidd
Subject: RE: Acme Vacation Plat
Lisa,
Thanks for the follow -up email, I was unable to get your full phone number off the voicemail to call you back. I
understand your question and in light of some legal training we received today which touched on similar language found
in the plat /deed which set the 18' strip to record, I have posed your question to the County Attorney for final answer. I
hope to have something for you next week.
Christopher P. Perez I Senior Planner
Department of Community Development I County of Albemarle, Virginia
401 McIntire Road I Charlottesville, VA 22902
434.296.5832 ext. 3443
From: Lisa Hawkins [mailto:lah@Iplaw.com]
Sent: Friday, August 22, 2014 9:36 AM
To: Christopher Perez
Cc: Martha Kidd
Subject: Acme Vacation Plat
Mr. Perez:
I am reaching out to you in follow up to my phone message last week regarding VDOT's August 5 letter regarding the
Acme parcel 45B(1)- 5 -A -9. Based on VDOT's response, the site plan is being reworked so that the area VDOT elected to
retain is not included. However, in its letter, VDOT acknowledged that the County could vacate the 18' strip. We would
like to apply for vacation of that strip by the County, and want to confirm with you the process for doing so. Please call
me at the number below or email. Thanks.
Lisa
LENHART
""wIPETTIT
Lisa Anne Hawkins, Esq. I Shareholder
Lenhart Pettit
Direct Dial: (540) 437 -3118
E -mail: lah @lplaw.com