HomeMy WebLinkAboutSUB201400102 Review Comments fir -
Christopher Perez
From: Greg Kamptner
Sent: Thursday, August 28, 2014 1:03 PM
To: Christopher Perez
Cc: Megan Yaniglos; Bill Fritz; Glenn Brooks
Subject: FW: Process to Vacate 18' strip
Attachments: SUB2014-102 plat under review.pdf; DB 515 PG 404.pdf; DB 689 PG 444.pdf
I don't think 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 you have
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.
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 you have under review will eliminate whatever that 18 foot strip purported to be.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner @albemarle.org
From: Christopher Perez
Sent: Friday, August 22, 2014 12:50 PM
To: Greg Kamptner
Cc: Megan Yaniglos; Bill Fritz; Glenn Brooks
Subject: Process to Vacatie 18' strip
Greg,
In light of the easement training we had today I have a pertinent question about whether an easement was truly
`dedicated to public use'being the plat which recorded it in 1972 only utilizes the term `dedicated'. Specifically
it states: "18'dedicated for future passage through lots". I have an applicant who would like to vacate this
easement, how do we go about doing this? Can it be handles through a simple vacation plat which the
subdivision agent can review and approve administratively, or does the it need to go through the Board of
Supervisors for them to approve the vacation?
A little history; the 18' strip is not needed, nor is it being utilized, rather a service road (Seminole Lane Service
Road) was put in to serve the lots; however,the road is not in the easement they want to vacate, rather it's in it's
a different easement. The easement they want to vacate is the 18' strip of land which was `...dedicated for
1
v✓
future passageway through lots'. I have attached the original deeds in PDF format that dedicated the 18' strip
(DB 515 Pg 406, and DB 689 PG 444). Also, I have attached SUB2014-102 which is the plat in our office under
review in which they would like to vacate the easement with.
Please weight in on the process to vacate this easement.
Please note that your email below, from 6-11-14, refers to the same plat but the item we were discussing in that
email was the vacation of the public right of way (parcel C). VDOT has stated they do not want to give that land
up, thus the applicant is revising the plat to omit that; however, the applicant is still seeking vacation of the 18'
strip. Please advice on the process to vacate this easement.
Thanks
Christopher P. Perez Senior Planner
Department of Community Development 1County of Albemarle.Virginia
401 McIntire Road!Charlottesville,VA 22902
434.296.5832 ext.3443
From: Greg Kamptner
Sent: Wednesday, June 11, 2014 4:53 PM
To: Christopher Perez
Cc: Bill Fritz
Subject: RE: SUB2007-215 Vacation of public right-of-way and dedication of public right-of-way
From the facts you have presented, I offer the following:
1. Because the prior plats were never recorded, nothing was subdivided and nothing was dedicated, and a plat of
vacation is unnecessary.
2. Because those prior plats were never recorded,the fact that the County currently owns the land for the existing
road would indicate that it acquired its interest through some other plat not related to this subdivision or by
some other way, and that the appropriate way for the County to divest itself of that road would be by
abandoning the road under the appropriate procedure in Virginia Code 33.1-151 et seq.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner @albemarle.org
From: Christopher Perez
Sent: Wednesday, June 11, 2014 3:55 PM
To: Greg Kamptner
Cc: Bill Fritz
Subject: SUB2007-215 Vacation of public right-of-way and dedication of public right-of-way
Greg,
I've got an applicant who has submitted the attached plat on two separate occasions, and finally got it approved
on 7-23-07 but didn't record it. Now they are back in the office wanting to resubmit and get it re-
reviewed/approved. However, previously we did not require them to do a Declaration of Vacation in
association with the vacation plat/dedication plat? The County currently owns the land for the existing road (the
road has not been accepted into the state's secondary system) and the County need to sign the portion of land
over to the owner. On this plat the applicant merely had the County added to the plat as an owner and Amelia
2
signed it as the agent and the property owner.
This situations seems exactly like Stonewater situations, which we required the applicant to do a Declaration of
Vacation. Do we need to have the applicant develop a Declaration of Vacation like we did for Stonewater right
of way vacation plat SUB201300181, or can we allow these applicants to continue to add the County to the plat
as an owner like they were previously approved to do and not require the declaration of vacation?
Christopher P. Perez Senior Planner
Department of Community Development!County of Albemarle,Virginia
401 McIntire Road 1 Charlottesville,VA 22902
434.296.5832 ext.3443
3