HomeMy WebLinkAboutSUB201400189 Correspondence w
Christopher Perez
From: Christopher Perez
Sent: Wednesday, March 11, 2015 11:06 AM
To: 'Jeremy Lynn'; 'Chip Votava'
Subject: SUB 2014-188 & 189 Glenmore Water Tank
Attachments: 0753_001.pdf
Jeremy,
We have received County Attorney approval of the 3 deed of easements associated with the Rivanna
Village LLC (see attached approval letter).
Please have these documents signed/notarized by Rivanna Village LLC. Once you have accomplished this
please send me a PDF of the signed/notarized copies of the deeds for the file and I can move forward with
approval of the two plats (SUB2014-188 and 189).
Once the plats are approved you will need to pick up the plats and record them and the deeds in the Clerks'
office. After which please provide me a copy of the approved plats for the file (unless I can keep one of each of
the two provided for the file). If you have any questions let me know
Christopher 1`.Perez I Senior Planner
Department of Community Development 1County of Albemarle.Virginia
401 McIntire Road l Charlottesville,VA 22902
434 296.5832 ext.3443
From: Erika Castillo
Sent: Monday, March 09, 2015 2:26 PM
To: Christopher Perez f
Cc: Greg Kamptner
Subject: SUB 2014-188 & 189 Glenmore Water Tank
Good Afternoon, Chris:
Please find attached the cover page for the review of SUB 2014-188 & 189. The documents are being
returned to you this afternoon (I will walk them down hopefully before 4:00 & have them put in your box).
Please let me know if you have any questions.
Regards,
Erika Castillo
Paralegal
ecastillo@albemarle.org
Albemarle County Attorney's Office
401 McIntire Road
Charlottesville, VA
(434) 972-4067 Ext. 3408
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' Christopher Perez
From: Christopher Perez
Sent: Wednesday, February 25, 2015 12:16 PM
To: Greg Kamptner; Andy Herrick
Cc: 'Jeremy Lynn'
Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main
Project—easement plats.
Greg,
SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—deed
of easements.
ACSA's Jeremy Lynn has some questions, which I believe should be answered by the County Attorney's office
as they relate to language and content in the deed of easements which you have previously reviewed and
approved for the above referenced project. Below I have tried to make it very clear as to what Jeremy is asking.
If you have any questions please ask me or Jeremy. Hope this helps.
Bullet 3 from Mr. Marron's comment letter to ACSA on the deed of easements
• All of the easement grants are with general warranty and are not made subject to any
casements and rights of way that already encumber the title. This isn't just a generic
comment. Several of the easements traverse the ingress egress easement arca serving the
volunteer fire department building. I don't know if the rights sought by ACSA are
consistent with the rights granted to the fire department in that easement document. We
are happy to provide the easements with special warranty, subject to all matters of record.
Jeremy's question: Would the County object to making changes to the deed of easement for this comment?
My response: This appears to be a question for the County Attorney's office to respond to, as you reviewed the
three (3) deeds between Rivanna Village LLC and ACSA.
Bullet 5 from Mr. Marron's comment letter to ACSA on the deed of easements
• The landscape easement refers to the special exception adopted by the Board of
Supervisors on December 3, 2014 in case #SDP 2014-00054 and incorporates the special
exception into the casement. It is not appropriate to incorporate the special exception, as
that may unduly complicate amending that land use permit. If there are conditions within
the special use permit that should be in the easement, those should be spelled out
verbatim in the casement document.
Jeremy's question: Would the County object to making changes to the deed of easement for this comment?
My response: While it appears there is some confusion in the terms being used by Mr. Marron, specially
"special use permit". As there is no Special Use Permit to speak of for this project? However, there is a Special
Exception which has conditions of approval on it from the Board of Supervisors. This seems to be the heart of
his statement/request. I'll take a stab at restating Mr. Marron's true request and then answering it. His request
restated: He wants the deed of easement to be revised to omit the reference to the special exception and instead
wants the conditions from that special exception to be listed verbatim in the deed of easement. Personally I do
not see the harm in providing these conditions verbatim in the easement document, and then omitting any
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reference to the special exception in the easement document.Notably these facts are on the site plan, which is
the only place I think they need to be. However, the final answer should come for the County Attorney's office,
as you reviewed the deed for the landscape easement between Rivanna Village LLC and ACSA.
Hope this helps.
Christopher rere ;Senior Planner
Department of Community Development County of Albemarle.Virginia
401 McIntire Road(Charlottesville,VA 22902
434.296.5832 ext.3443
From: Jeremy Lynn [mailto:jlynn @serviceauthority.org]
Sent: Wednesday, February 25, 2015 11:17 AM
To: Christopher Perez
Cc: Greg Kamptner; Andy Herrick; Jim Bowling
Subject: RE; SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement
plats.
Chris,
I don't see any changes on the plats. From Brian's comment letter, I would like guidance on Bullets 3 and 5. Would the
County object to making changes to these two comments? The other items seem less significant and shouldn't require
much in the way of changes to the deeds.
Jeremy M. Lynn, P.E.
Senior Civil Engineer
Albemarle County Service Authority
168 Spotnap Road, Charlottesville, VA 22911
(434) 977-4511 ext. 114
From: Christopher Perez [mailto:cperez @albemarle.orq]
Sent: Wednesday, February 25, 2015 11:10 AM
To: Jeremy Lynn
Cc: Greg Kamptner; Andy Herrick
Subject: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement
plats.
Jeremy,
SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project-
easement plats & deed of easements.
In the attached legal correspondence from the Attorney for Rivanna Village, LLC it appears they are asking a
bunch of questions of ACSA, to which I'll let ACSA respond. They are also requesting minor revisions to the
language in various deed of easements for the Glenmore Water Tank project. While previously this project
received County Attorney approval on all the deed of easements, it now appears that the Rivanna Village, LLC
folks were never party to the development of these documents, until now. Being the majority of the easements
cross over Rivanna Village, LLC property it is up to that landowner as to when and if they are agreeable with
the deed of easements and plats prior to them signing. If changes are made to the deed of easements from what
the County Attorney's office originally approved, these documents would need to be reapproved by that office.
If changes are made to the plats from what County Planning/Engineering Staff tentatively approved these
documents would need to be reapproved by that office. Are any changes being proposed with the plats?
The substance of these changes is likely to affect the review time. If they are fairly insignificant modifications
the review is likely to be quick. If they are of substantial deviation from the original documents the review time
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is,likely to be the normal review time. have CCed the County Attorney's office o assure they are in the loop
as to the situation, as they may have been contacted by the Rivanna Village, LLC legal counsel and are privy to
these changes or may something to add.
I hope this helps.
C'tarisroph>^r P. Pere-71 Senior Planner
Department of Community Development(County of Albemarle.Virginia
401 McIntire Road(Charlottesville,VA 22902
434296.5832 ext.3443
From: Jeremy Lynn [mailto:jlynn@serviceauthoritv.orq]
Sent: Wednesday, February 25, 2015 10:28 AM
To: Christopher Perez
Subject: FW: Rivanna/Acsa Easements
Chris,
We received these comments back from the attorney for Rivanna Village. We feel most of these are minor easement
document changes. Would you need to review again prior to their signature? We are starting to push our March 31
deadline for site plan approval and would like to keep this streamlined.
Jeremy M. Lynn, P.E.
Senior Civil Engineer
Albemarle County Service Authority
168 Spotnap Road, Charlottesville, VA 22911
(434) 977-4511 ext. 114
From: Brian R. Marron [mailto:bmarron@spottsfain.com]
Sent: Wednesday, February 25, 2015 9:22 AM
To: 'jlynn @serviceauthority.org'
Cc: Richard H. Reiss (rrvh @comcast.net); Boninti, Andrew (andrew.bonintic cbre-charlottesville.com)
Subject: Rivanna/Acsa Easements
Jeremy:
I have attached our comments on the Rivanna/ACSA easements. I am available to discuss this at your convenience.
Brian R. Marron
411 E.Franklin Street
Suite sPorrs FAIN
h
Rich monon d,VA 23219
(804)697-2063
(804)697-2163 fax
(804)370-3561 cell
bmarronCc ispottsfain.com
NOTICE:Information contained in this transmission to the named addressee is proprietary information and may be subject to attorney-client privilege
and work product confidentiality. If the recipient of this transmission is not the named addressee,the recipient should immediately notify the sender
and destroy the information transmitted without making any copy or distribution thereof. To ensure compliance with requirements imposed by the
Internal Revenue Service,we inform you that any United States federal tax advice contained in this communication(including any attachments)is not
intended or written to be used,and cannot be used,for the purpose of(1)avoiding penalties under the Internal Revenue Code of 1986,as amended,
or(2)promoting,marketing,or recommending to another party any transaction or matter addressed therein.This advice may not be forwarded without
our express written consent.
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Christopher Perez
From: Christopher Perez
Sent: Monday, February 02, 2015 10:48 AM
To: Jeremy Lynn; 'Votava, Chip'
Subject: Glenmore Ground Storage Tank projects (deeds, plats, site plan)
Attachments: CDP2_SUB2014-190_Glenmore Water Tank 1-30-15.pdf; County Attorney Conditional
Approval.pdf; Andy Herrick Comments on -acsa.east rivanna fire co. easement 150130.doc
Jeremy/Chip,
I offer the following comments/reviews for the Glenmore Ground Storage Tank project (plats, deeds, and
site plan).
Plat review
SUB2014-190 Attached are my comments for the revised plat(CDP2 SUB2014-190...), please make the
appropriate revisions. Based on the nature of the revision County staff will accept a PDF of the revised plat to
verify the owner signature is revised appropriately.
SUB2014-189_County staff has no objections to the revised plat. The plat is ready for owner
signature/approval.
SUB2014-188_County staff has no objections to the revised plat. The plat is ready for owner
signature/approval.
Deed Review
Attached is the County Attorney's (Greg Kamptner) conditional approval of the following 3 deed of
easements, please circulate these documents for owner signatures.
1) Deed of easement between Rivanna Village LLC and ACSA—for a(9,257 SF 20' ACSA easement, and a
5,745 SF 10' ACSA temporary easement) associated w/ SUB2014-189
2) Deed of easement between Rivanna Village LLC and ACSA—for a(21,919 SF 20' ACSA easement, a 267
SF 20' ACSA ingress-egress easement, and a 18,488 SF 10' ACSA temporary Easement) associated w/
SUB2014-188
3) Deed of easement between Rivanna Village LLC and ACSA—for a(3,570 SF 20' permanent Landscape
Easement) associated w/ SUB2014-188
Also, attached is the County Attorney's (Andy Herrick) review comments (in Microsoft Word Track
Changes) for the following deed of easement. Andy Herrick has already sent his comments to James M.
Bowling IV for revisions.
4) Deed of easement between Albemarle County, East Rivanna Vol Fire Co, and ACSA—for a(32,273 SF
ACSA easement. a 6,403 SF 20' ACSA ingress-egress easement, and a 2,982 SF ACSA Temporary easement)
associated with SUB2014-190.
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Site Plan Review
SDP201400054—A portion of the site plan (pgs 5-11)were revised/submitted for staff to assure the plats match
the site plan. County staff has no objections to the revised site plan pages,they appear to match the plats.
Engineering offers the following comment on the site plan: "Prior engineering comments addressed.
WPO201400084 approved 16-Dec-14. "
Please note that VDOT approval has not been obtained for the final site plan,they have one comment which
still needs to be addressed (see the 12-11-14 comment letter). Also, planning staff has a couple minor items
which need to be addressed prior to approval of the final site plan (see the 12-11-14 comment letter). Planning
staff understands that once the plats are approved and set to record in the clerk's office the official final site plan
will be submitted for review/approval.
Christopher P. Perez!Senior Planner
Department of Community Development County of Albemarle.Virginia
401 McIntire Road(Charlottesville,VA 22902
434.296.5832 ext.3443
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'INVW NNW
Michael Baker Innovation Done Right...We Make a Difference
INTERNATIONAL
January 15,2015
Mr.Christopher P.Perez
Senior Planner
Department of Community Development
County of Albemarle
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596 )
RE: SUB 201400189 Glenmore Water Tank Easements L i 0 /
l P--a/-�' J
Dear Mr.Perez: I c -\/
The following responses to County comments,dated December 9,2014,are provided. All comments are included and
our responses are provided in bold text.
Comments: -
1. [14-30 A)(4&5)] Private and Public easements.There are discrepancies in labels between the site plan,the plat,
and -se deed.All items must be consistently labeled between all documents.
- en the site plan there is a"proposed ACSA water line easement"(which scales out to 20' wide);however,on
ii e plat that easement is simply labeled a"20'ACSA Easement"or in the Area Tabulations Chart an"ACSA
Easement".
Response:All documents have been changed to be consistent with the plat.
-0 e site plan there is a"proposed ACSA temporary easement(10' type)";however,on the plat that easement
i simply labeled a"10'ACSA Temporary Easement"or in the Area Tabulations Chart an"ACSA Temporary
asement".
Response:All documents have been changed to be consistent with the plat.
1 items must be consistently labeled between all documents.Revise appropriately.
Response:Revised as indicated.
2. [14-302 :. Private and public easements.Provide the names of the owner of record for all existing easements.
i.e. , 10 owns the existing 30'Access Easement?Who owns the Existing Storm Drain Easement?Who owns the
• isting 10' Storm Drainage Easement?
Response: Owners names shown on Plat.
3. • . • . : ..:: :.. •. .. :..-. . • .. _. ... ..- .: :. ::: • -• .. ... . . . : . ..
4. -302(A)]Public easements.All proposed public easements shall be labeled as"dedicated to public use".
Response:No new p : +c easements are provided.
5. [14-302(B)4]Pl.--s of burial.The location of any grave,object or structure marking a place of burial located on
the prope + . •n the plat locate the approximate location of any cemeteries/graves.If none found please provide a
note w.:ch states this on the plat.
•esponse: Added following note to plat:"There are no know graves,objects or structures marking a
place of burial located on the property."
272 Bendix Road,Suite 4001 Virginia Beach,VA 23452
FEIF
Jma -.2..—.SPA KAMAN 'SALLY PORT
MBAKERINTL.COM Office:757.463.8770 1 Fax:757.463.0503
Michael Baker
INTERNATIONAL
Mr.Christopher P.Perez
January 15,2015
Page 2 of 3
6. [14-302(B) oning classification.On the plat provide the zoning of the property:"Neighborhood Model
District •I ID)with a Code of Development,Proffers associated from ZMA200100008 and ZMA201300012"
•esponse: Added following note to plat: "Zoning classification of property:Neighborhood Model
District(NMD)with a Code of Development,Proffers associated from ZMA200100008 and
ZMA201300012."
7. [14-302(B)(7 eservoir watershed and Agricultural-forestal district.On the plat provide a note that states that
"the pro rty is not within a reservoir watershed nor is it located in an agricultural-forestal district."
esponse:Added following note to plat: "The property is not within a reservoir watershed nor is it in an
agricultural-forestal district"
8. [14-303(A)] Stateme• . consent to division. Provide the following required statement of consent:"The platting
or dedication e following described land[insert correct description of the land subdivided] is with free
consent .•• m accordance with the desire of the undersigned owners,proprietors and trustees,if any."
•esponse:Added following note to plat: "The platting or dedication of the following described land
(GPIN 07900-0 -025A0)is with free consent and in accordance with the desire of the undersigned
owners, prietors and trustees,if any."
9. [14- (D)] Acreage of lots.Provide the acreage of the parcel.
Response:Added acreage to plat.
10. [14-303 ignature panels.Include individual signature panels for all owners,and provide a signature panel for
"T gent of the Board o Supervisors".The signature panel for the owners shall be immediately followed by a
otary panel.
Respons • dded signature panels to plat.
11. - 02(A)(15)]Identification of all owners and certain interest holders.Provide the owners' address on the plat.
Response:Added wners and addresses to plat.
12. [14-302(B)(1 eneral Information.When the plat is revised,please provide the date of the last revision on the
plat.
esponse:Revision date provided.
13. [Comment]The Deed of Easements associated with the plat has been sent to the County Attorney for review/
approval,comments will be provided to the applicant once received.
Response: Acknowledged.
14. [General]Any engineerin. ►i ii ents that maybe forthcoming will need to be addressed before this plat can be
approved.
Res• . I se: Engineering comments have been addressed on the plat.
Engineering Comments
1. Furnish/show endpoints f. . curves and line segments,for example: L4-C10;L2-C6. Delineate curve and
line endpoints
Response: All • .dpoints have been added.
Michael Baker
INTERNATIONAL
Mr.Christopher P.Perez
January 15,2015
Page 3 of 3
Thank you for assistance in this project.If you have any questions or require additional information,please do hesitate
to contact me.
Sincerely,
MICHAEL BAKER JR.INC.
hip otava,P.E.
Project Manager
CFV/rfg
1:\civiljob\2012 acsa contract\glenmore tank,ps and wm design(138025)\easement plats\jan 15 2015 plat&deed revisions\07900-00-00-
025a0\2015 1 15 response to perez on plat 201400189.docx
ar .�.✓
Christopher Perez
,.---11111 1 11 II
From: Christopher Perez
Sent: Wednesday, November 26, 2014 1:57 PM
To: 'Jeremy Lynn'; Jeremy Lynn
Cc: Claudette Gran
Subject: SUB2014-188, 90 Glenmore Water Tank- Easement Plats
Attachments: CDP_SUB2014-188_Glenmore Water Tank 11-25-14.pdf; CDP_SUB2014-189_Glenmore
Water Tank 11-26-14.pdf; CDP_SUB2014-190_Glenmore Water Tank 11-26-14.pdf
Jeremy,
Attached are Planning's comments on the Glenmore Water Tank Easement Plats (SUB2014-188,' :a 190).
Assure these are provided to Ryan J. Dreelin so he can make the required changed. Take a look at the comments
as there are a few items which appear to have come up which may take some time to address.
Please note Engineering was distributed these plats and their review is pending. Also, the County Attorney's
Office is reviewing the deeds which were supplied to us. Their comments will be forwarded when complete.
Thanks
F', 1:°x: Senior Planner
Department of Community Development!County of Albemarle.Virginia
401 Mclntire Road l Charlottesville.VA 22902
434.296.5832 ext.3443
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