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Home My WebLink AboutSDP200900051 Legacy Document 2009-08-06 (4)COUNTY-OF ALBEMARLE Department Community Development .Zoning & Current Development 401 McIntire Road, Room 227•• Charlottesville, Virgiiiia.22902 -4596 �fRG1P Phone: (434) 296 -5823 • Fax: (434) 972 -4035 Transmittal From: Elizabeth Marotta Date: 07/29/09 To: OGreg Kam tner - Assistant County Attorney 0 0 0 0 0 0 0 0 0 JOB # /FILE NAME: SDP - 2009 -51 South Plains- Prelim: License Draft We are sending you the following items: ® Attached or ❑ Under separate cover ® Copy of Letter ❑ Prints ❑ Plans ❑ Plats ❑ Specifications FlOther # of Copies Date Description 1 7/29/09 Email and draft from Jonathan Rintels These are-transmitted as checked below: ® For review and comments ® For approval ❑ Other Remarks: Greg, Mr. Rintels has forwarded his draft license to me and. asked if you would look it over in order to make sure it is acceptable to the- County. This would be executed in order-to comply-with Condition - #10 of -the SP conditions. -Comments are due in City View or email by: Signature: Elizabeth Marotta �s license l5 ��. two rn,Lr�v, S�u��sfi� CA L al, - up Page 1 of 2 Elizabeth Marotta From: Jonathan Rintels Drintels @gmail.com] Sent: Wednesday, July 29, 2009 10:46 AM 'To: Elizabeth Marotta Subject: Re: FW: Licenses Attachments: SoPlainsTreeLicense 072809 DRAFT.doc Elizabeth, Attached please find a DRAFT license agreement that I wanted to run by the County for comments before I submitted it to the Church. As I mentioned on the phone today, my preference is to reach a voluntary agreement with the Church on where to locate the trees. I think that would be better for all parties, including the County. But given the fact that I'm about to leave town for an extended period, and I've had no response from them to my emails and calls, I thought I should also prepare a draft of a license in the event we're not able to reach a voluntary agreement. Please forward this on to the County Attorney for comments. If you have any questions, please do not hesitate to contact me. Best, Jon Rintels Jonathan Rintels 434.971.8894 v 949.209.4081 f irintels@gmail.com On Tue, Jul 21, 2009 at 12:41 PM, Jonathan Rintels <jrintels, �mail.com> wrote: Thanks, Elizabeth, -for your kind condolences. This was not unexpected, it was a long illness. nevertheless.... In terms of the process, thanks for explaining it. I just want to be certain I don't somehow cause the condition to lapse because I didn't make a deadline. I do hope to work it out voluntarily with the church so the trees are on the site plan, but haven't as yet. Best, Jon Jonathan Rintels 434.971.8894 v 949.209.4081 f - irintelsQgmail.com On Tue, Jul 21, 2009 at 12:20 PM, Elizabeth Marotta <emarotta @albemarlg.org> wrote: 7/29/2009 Page 2 of 2 I am so, so sorry to hear that. My condolences go out to you and your family. Take your time. Unfortunately, we are held to strict review schedules with the preliminary and the law dictates that we must take action within a certain period of time. What I foresee happening is that the applicant will address all comments, save this one, and then we will approve the preliminary plan with conditions, one of them being compliance with condition #10 and approval of a landscape plan. Do not be alarmed, it is very customary to conditionally approve a preliminary. All it does is give the applicant more time to work out certain issues. Preliminary approval does not give them any permission to start construction, it just allows them to submit their final site plan for review. In the meantime, it gives you more time to work out how you want to handle the execution of condition #10. I know you dont want to think about all this right now, I am just letting you know what will probably happen so that you do not think we are overlooking your concerns if you see or hear that we have conditionally approved the preliminary. And, hopefully it will give you some peace so that you can focus on your family and not have to worry about this right now. Best, Elizabeth `From: Jonathan Rintels [mailto:jrintels gmail.com] Sent: Tuesday, July 21, 2009 12:08 PM To: Elizabeth Marotta Subject: Re: FW: Licenses Thanks, I will review as soon as possible. Is there a deadline? Unfortunately, my mother has just died in Northern VA and I'm a bit overwhelmed at the moment, so may not be able to get to this right away. Thanks, Jon Rintels Jonathan Rintels 434.971.8894 v 949.209.4081 f irintels gmail.com in Tue, Jul 21, 2009 at 11:15 AM, Elizabeth Marotta <emarottagalbemarle.org> wrote: Mr. Rintels, Here are a couple of sample licenses one was for a temporary trail and the other was for a park and ride. Of course, either of these would require significant revision to fit the circumstances of South Plains , but it gives you an idea how a license may be executed. An easement would be platted and a deed of easement would be required. Let me know what questions you may have and I will do my best to get back to you in atimely manner. Elizabeth M. Marotta 7/29/2009 DRAFT: 07/28/09 AGREEMENT GRANTING LICENSE TO PLANT AND MAINTAIN TREES ALONG PROPERTY LINE THIS AGREEMENT is made this day of .2009, by and between the SOUTH PLAINS .PRESBYTERIAN CHURCH of Keswick, Virginia, hereinafter referred to as the "Church," and PATRICIA CAROSELLI RINTELS, TRUSTEE of the PATRICIA CAROSELLI RINTELS TRUST, under Declaration of Trust dated March 3, .2005, hereinafter referred to as the "Owner ". WHEREAS, the Owner is the owner in fee simple of the real property located in Albemarle County that is described as Tax Map Parcel 08000- 00- 00 -114AO and hereinafter referred to as the "Property;" WHEREAS, the Church is the owner in fee simple of the real property located in Albemarle County that is described as Tax Map Parcel 08000 -00 -00 -116 which shares a property line with the Property; WHEREAS, on April 132009, the Albemarle County Board of Supervisors approved gect&I be can the Church's cepiva4Mm (SP- 2008 -029) with conditions, including the following Condition 10 pertaining to Owner's Property: Staff approval of a landscape plan shall be required before approval of the final site plan for this use. The landscape plan shall provide a planting of trees along the property line of the Rintels' property with the following requirements: i. The plantings will be evergreen trees, five (5) to six (6) feet tall, planted a minimum of eight (8) feet on center or spacing distance as recommended by the American Nurseryman's Association; ii. The tree choices are arborvitae or trees of comparable value; and iii. The trees will run along the property line and will be planted on Mr. Rintels' property provided that the property owner agrees to permit the landscaping to be planted and maintained on that property. WHEREAS, the Church and the Owner intend that this Agreement satisfy Condition 10 and serve as a license for the Church to enter the Owner's property for the purpose of planting and maintaining the trees described in Condition 10. WITNESS: DRAFT: 07/28/09 NOW, THEREFORE, in consideration of the mutual premises stated herein, the parties agree as follows: 1. GRANT OF PERMISSION. For and in consideration of ONE DOLLAR ($1.00), cash in hand paid, the Owner hereby grants permission to the Church to plant and maintain the trees as described in Condition 10 on the Property. 2. GRANT OF LICENSE. For and in consideration of ONE DOLLAR ($1.00), cash in hand paid, the Owner hereby grants a license to the Church to enter the Property to plant and maintain the trees as described in Condition 10 for as long as required by the County of Albemarle. 3. PURPOSE. The purpose of this Agreement is to satisfy Condition 10 attached to 5 ial use. perms t the Albemarle County Board of Supervisors' approval of the Church's ca ee-ptual- s4t@-plan (SP- 2008 =029). 4. RIGHTS AND OBLIGATIONS OF THE CHURCH ASSOCIATED WITH PLANTING AND MAINTAINING THE TREES. The Church may enter the Property to plant and maintain the trees described in Condition 10 as provided herein: A. Right of ingress and egress. Upon 24 hours notice to Owner, the Church may enter the Property to plant and maintain the trees described in Condition 10. B. Right to disturb and maintain existing land and trees. The Church shall have the-right to bring equipment onto the Property to the extent necessary to plant and maintain the trees described in Condition 10, and to trim, cut or remove any ground cover, brush or shrubbery or take other similar action reasonably necessary to plant and maintain the trees; provided, however, that the Church, at its own expense, shall restore as nearly as possible, repair and replace ground cover or preexisting trees disturbed, damaged or removed as a result of planting and maintaining the trees described in Condition 10. C. Obligation to remove equipment, tools, trash, and other debris. The Church shall remove from the Property all trash and other debris resulting from planting and maintaining the trees described in Condition 10. The Church shall not store on the Property any equipment, tools, fertilizers, hoses, water tanks or trucks, or other materials used in the planting and maintaining of the trees described in Condition 10. 6. MISCELLANEOUS PROVISIONS. 2 DRAFT: 07/28/09 A. Expense of planting and maintaining trees. The Church shall be responsible for all costs associated with the planting and maintaining of the trees described in Condition 10. B. Hold harmless. The Church shall hold the Owner harmless from any and all damage, injuries, and any and all other claims associated with its planting and maintaining of the trees described in Condition 10, and shall indemnify Owner, including reasonable attorneys fees and court costs, against all claims of damage or injury in connection with the Church's planting and maintaining, or failure to maintain, the trees described in Condition 10. C. Owner Shall Not Disturb Trees. Owner shall not take action detrimental to the planting and maintaining of the trees described in Condition 10. The Church shall notify the Owner in writing when it believes such action has occurred. D. Modifications. This Agreement may not be modified, except in a writing signed by the parties. E. Title, access and authori ty. The Owner covenants and warrants to the Church that it presently owns the fee simple interest in and to the Property and that the Owner is duly authorized and empowered to grant this License. F. Entire agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or oral or written agreements between the parties respecting the within subject matter. WITNESS the following signatures. [IMAVe 101 Name: Patricia Caroselli Rintels Title: Trustee, Patricia Caroselli Rintels Trust SOUTH PLAINS PRESBYTERIAN CHURCH By:_ Name: Title: 3 DRAFT: 07/28/09 COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing instrument was acknowledged before me by Patricia Caroselli Rintels this day of , 2009 by. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA CITY /COUNTY OF The foregoing instrument was acknowledged by this day of , 2009 by My Commission Expires: n Notary Public before me