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HomeMy WebLinkAboutSUB201400190 Review Comments Nosy' ■,,,r Christopher Perez „--- From: Andy Herrick Sent: Friday, March 13, 2015 8:36 AM To: Jeremy Lynn Cc: Jim Bowling; wellh2o @cstone.net Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Jeremy, I've now received confirmation of both the deed correction and the payment arrangements, and am circulating the corrected deed for the signatures of the County Attorney and County Executive. Please have the full proceeds made payable to the County. We've agreed with the ERVFC on how to handle the proceeds from there. I'll let you know once the deed has been fully signed on the County's end. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Jeremy Lynn [mailto:jlynn @serviceauthority.org] Sent: Thursday, March 12, 2015 3:14 PM To: Andy Herrick Cc: Jim Bowling; wellh2o @cstone.net; Christopher Perez Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Andy, It appears that we will be able to wire the money to the County. One of our accountants is working that up right now. Lanny should be contacting you within the hour to acknowledge acceptance of the revision to the deed. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434) 977-4511 ext. 114 From: Jeremy Lynn [mailto:jlynnc serviceauthoritv.orq] Sent: Thursday, March 12, 2015 2:20 PM To: 'Andy Herrick' (aherrick@albemarle.orq) Cc: Jim Bowling; 'wellh2o @cstone.net; 'Christopher Perez' Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Andy, I spoke with President Lanny Moore yesterday and he agreed with the revisions to the deed of easement. The ACSA has requested a check made payable to the County of Albemarle and East Rivanna Vol. Fire Company in the amount of $100,000 for compensation of the easement. We cannot close the deal until the Site Plan has been approved and we are waiting on final signature from the County before we can record the easement. Once the easements have been recorded, 1 we will submit the Site Plan for approval. Any assistance in expediting the approval is greatly appreciated as we are running out of time to make everything happen. Lanny's contact info—(434) 977-3818 Lanny, could you provide written confirmation on your approval of the deed revisions? 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(aalbemarle.orq] Sent: Thursday, March 12, 2015 1:56 PM To: Jeremy Lynn Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Jeremy, Please see my correspondence below in red. Christopher P.Perez j Senior Planner Department of Community Development!County of Albemarle.Virginia 401 Mclntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Jeremy Lynn [mailto:jlynnCo>serviceauthority.orq] Sent: Thursday, March 12, 2015 12:53 PM To: Christopher Perez Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Chris, Thanks for the response. We are ready to record the Rivanna Village deeds (OK please record them with the 2 plats we approved today) and we will wait to receive the signed deeds for the jointly owned property between the County and ERVFC. As I previously indicated, the ERVFC accepted the revisions made by the County Attorney. Jeremy the County Attorney has not received an approval of the revisions from the ERVFC owner, rather, merely you saying they said it is ok. If you can provide their contact information and their approval, I think that would help move things along on the County Attorney's end. Also, I do believe the County Attorney's office is still waiting for clarification on payment. Please work this out with Andy. Thanks 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©aalbemarle.orq] Sent: Thursday, March 12, 2015 12:49 PM To: Jeremy Lynn Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Jeremy, see my comments below in red. c hri to cr I'. Pere; Senior Planner Department of Community Development(County of Albemarle.Virginia 401 Mclntire Road I Charlottesville.VA 22902 2 New 434.296.5832 ext.3443 From: Jeremy Lynn [mailto:jlynn(a serviceauthoritv.orq] Sent: Thursday, March 12, 2015 12:44 PM To: Christopher Perez Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Chris, Can you confirm approval of the revised deeds executed by Rivanna Village? The deeds with Rivanna Village LLC's signatures were approved by Greg on 3-9-15 (see attached approval letter), after which you got Rivanna Village LLC's signatures on them and sent me PDFs of them...the County Attorney does not need to re-review/re approve them after signatures. Also, has the County signed off on the deed for the fire station parcel?As of yesterday, the answer was no...I'm still waiting on the go ahead I sent you a forwarded email from the Andy about the required changes. Once I get them I'll let you know. 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(aalbemarle.orq] Sent: Thursday, March 12, 2015 11:21 AM To: Jeremy Lynn; 'Chip Votava' Cc: Jim Bowling Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Jeremy, The plats for SUB2O14-188 & 189 Glenmore Water Tank are approved and ready to be recorded in the clerk's office along with the 3 associated deeds. I have provided the approved copies at the front desk of Community Development for you to pickup. FYI-I kept one original copy of each plat for the file as you had provided three copies of each. li i,401)i§er 1'. 1°ercr.;Senior Planner Department of Community Development County of Albemarle.Virginia 401 McIntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 From: Jeremy Lynn [mailto:jlynn@ serviceauthority.orq] Sent: Wednesday, March 11, 2015 11:16 AM To: Christopher Perez; 'Chip Votava' Cc: Jim Bowling; Andy Herrick Subject: RE: SUB 2014-188 & 189 Glenmore Water Tank Chris, Attached are the executed deeds from Rivanna Village. Please advise when the plats (for Rivanna Village) and the County/ERVFC deed and plat can be picked up so we can have them recorded. I have spoken with Lanny Moore with the ERVFC and they are agreeable to the date revisions on the County deed. We will also be requesting the check made payable to both the County and East Rivanna. 3 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, March 11, 2015 11:06 AM To: Jeremy Lynn; 'Chip Votava' Subject: SUB 2014-188 & 189 Glenmore Water Tank 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 P. Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road (Charlottesville,VA 22902 434.296.5832 ext.3443 From: Erika Castillo Sent: Monday, March 09, 2015 2:26 PM To: Christopher Perez 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) 9 72-406 7 Ext. 3408 4 Christopher Perez From: Andy Herrick Sent: Monday, March 09, 2015 3:42 PM To: 'James M. Bowling IV' Cc: 'Roy Hamilton Via' Subject: RE: ACSA Glenmore Water Tank Easement Attachments: acsa east rivanna fire co easement I50309.docx Jim, The proposed Deed of Easement for the Glenmore Water Tank, already signed by the East Rivanna Volunteer Fire Company,was forwarded to me for review. Since my prior deed review, the plat was revised on February 2, but that revised s lat date unfortunatel was not picked u in the deed,which kept the prior plat date unchanged. Attached is a proposed revised version, incorporating the latest plat date, adding a signature line for the County Attorney, and noting the date of the first signature to the deed. Let me know if this revised language is acceptable to you and the East Rivanna Volunteer Fire Company,who has already signed. Also,we'll need to make arrangement for payment of the proceeds upon reco tion. As you know, the contract imposes a March 31 deadline for closing. Let me know how you'd like to andle payment. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Andy Herrick Sent: Friday,January 30, 2015 1:43 PM To: 'James M. Bowling IV' Cc: Larry Davis; 'Jeremy Lynn'; 'Roy Hamilton Via' Subject: RE: ACSA Glenmore Water Tank Easement Jun, Thanks for providing this proposed deed. Attached are my suggested revisions. Let me know if you have any questions or would like to discuss. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Jeremy Lynn [mailto jlynn©serviceauthority.org] Sent: Friday, January 30, 2015 12:06 PM To: 'Roy Hamilton Via'; Andy Herrick 1 Cc: 'James M. Bowling IV' 4.40, Subject: RE: ACSA Glenmore Water Tank Easement Andy, Attached is the revised easement that we submitted to the County based on the comments from Community Development. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434) 977-4511 ext. 114 From: Roy Hamilton Via [mailto:rhv @stlawva.com] Sent: Friday, January 30, 2015 11:31 AM To: aherrickalbemarle.orq Cc: 'James M. Bowling IV; jlynnaserviceauthority.orq Subject: ACSA Glenmore Water Tank Easement [I am Jim Bowling's legal assistant. He has dictated the matter set out below and asked me to send it to you.] Andy: Attached is a copy of the Glenmore water tank easement dated 11/14/14 in Word format. If you have any questions, please let me know. James M. Bowling, IV St.John, Bowling, Lawrence &Quagliana, LLP 416 Park Street Charlottesville,Virginia 22902 (434) 296-7138 (434)296-1301 Fax Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. ®n atic3sa' This email is free from viruses and malware because avast! Antivirus protection is active.fri. 2 oV'ALAI, 8 e sklInta COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 Date: March 4,2015 COUNTY OF Al FlEM.A RLE P .�.�_II L p s s 1� Andy Herrick +�__t _—. County Attorney's Office j MAR 0 2Q15 401 McIntire Road i Charlottesville,VA 22902 ATTORNEY'S OFFICE Regarding: Project Name: SUB201400190- Glenmore Water Tank—Easement plat and deed of easement Date Submitted: 3-3-15 Dear Mr. Herrick: ACSA has prepared and submitted two copies of the 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. This document was previously reviewed/approved by you and is ready for Tom Foley's signature/notarization as the owner(Albemarle County). Also attached are two copies of the associated plat. This document was previously reviewed/deemed ready to approve by the Subdivision Agent and is ready for Tom Foley's signature/notarization as the owner(Albemarle County). At your earliest convenience,please review these documents. Should you have any questions or comments please feel free to contact me. As you are aware ACSA is under a March 315t deadline to have this document executed and recorded in the Clerk's Office (see attached email correspondence). Christopher P. Perez, Senior Planner County of Albemarle Department of Community Development 401 McIntire Road Charlottesville,VA 22902 cperez@albemarle.org (434)296-5832,phone ex.3443 Christopher Perez From: Andy Herrick Sent: Thursday, February 26, 2015 10:00 AM To: Christopher Perez Cc: Greg Kamptner Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Chris, Under the parties' contract, settlement/closing of the water tank easement must occur no later than March 31 (http://www.albemarle.org/upload/images/Forms Center/Departments/Board of Supervisors/Forms/Agenda/201 4Files/1210/10.2 ACSAContractES.pol). While I understand the desire to consolidate both easements in a single review, the water tank easement should not be delayed past March 31, even if that means handling the landscaping easement separately. Thanks for keeping an eye on the water tank's March 31 deadline. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Christopher Perez Sent: Thursday, February 26, 2015 9:06 AM To: Andy Herrick Cc: Greg Kamptner Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Andy, See my comments below in red. Christopher P.Perez Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Thursday, February 26, 2015 8:34 AM To: Christopher Perez Cc: Greg Kamptner Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Chris, Greg is the only attorney handling the Rivanna Village landscaping easement. I'll defer to him on these questions, and do not need to be included in future discussions involving only the landscaping easement. Understood. 1 Noir Nary' Christopher Perez From: Andy Herrick Sent: Friday, January 30, 2015 2:30 PM To: 'James M. Bowling IV' Cc: Larry Davis; Jeremy Lynn; 'Roy Hamilton Via' Subject: RE: ACSA Glenmore Water Tank Easement Attachments: acsa.east rivanna fire co. easement 150130.doc Jim, Thanks for providing this proposed deed. Attached are my suggested revisions. Let me know if you have any questions or would like to discuss. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Jeremy Lynn [mailto:jlynn @serviceauthority.orq] Sent: Friday, January 30, 2015 12:06 PM To: 'Roy Hamilton Via'; Andy Herrick Cc: 'James M. Bowling IV' Subject: RE: ACSA Glenmore Water Tank Easement Andy, Attached is the revised easement that we submitted to the County based on the comments from Community Development. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434) 977-4511 ext. 114 From: Roy Hamilton Via [mailto:rhvOstlawva.com] Sent: Friday, January 30, 2015 11:31 AM To: aherrick@lalbemarle.orq Cc: 'James M. Bowling IV';jlynn(aserviceauthority.orq Subject: ACSA Glenmore Water Tank Easement (l am Jim Bowling's legal assistant. He has dictated the matter set out below and asked me to send it to you.] Andy: Attached is a copy of the Glenmore water tank easement dated 11/14/14 in Word format. If you have any questions, please let me know. 1 James M. Bowling, IV St.John, Bowling, Lawrence &Quagliana, LLP 416 Park Street Charlottesville,Virginia 22902 (434) 296-7138 (434) 296-1301 Fax Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. 0 avostr This email is free from viruses and malware because avast! Antivirus protection is active. 2 • atteg COU Y O 'ALBEMARLE Department f C i munity Development 401 '..Intir: 'oad,Room 227 Charloi •sville, ginia 22902-4596 Fax 434 972-4126 Phone 434 296-5832 Date: March 4,2015 Andy Herrick County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: Project Name: SUB201400190- Glenmore Water Tank—Easement plat and deed of easement Date Submitted: 3-3-15 Dear Mr. Herrick: ACSA has prepared and submitted two copies of the 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. This document was previously reviewed/approved by you and is ready for Tom Foley's signature/notarization as the owner(Albemarle County). Also attached are two copies of the associated plat. This document was previously reviewed/deemed ready to approve by the Subdivision Agent and is ready for Tom Foley's signature/notarization as the owner (Albemarle County). At your earliest convenience, please review these documents. Should you have any questions or comments please feel free to contact me. As you are aware ACSA is under a March 3151 deadline to have this document executed and recorded in the Clerk's Office(see attached email correspondence). Sincerely,,: Christopher P. Perez, Senior Planner County of Albemarle �. ,j‘;/^., - • Department of Community Development 401 McIntire Road - r. Charlottesville,VA 22902 t " t cperez @albemarle.org (434)296-5832,phone ex.3443 � ��,' VE Nos Christopher Perez �.. From: Christopher Perez Sent: Tuesday, March 03, 2015 12:23 PM To: 'Jeremy Lynn'; 'Votava, Chip' Cc: Andy Herrick Subject: RE: Glenmore Tank Jeremy, It was recently brought to my attention that you are working under a March 31st deadline for the SUB2014-190 and the 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 it. While I initially guided you to hold onto that document till you get the other plats/deeds dealing with Rivanna Village LLC finalized, as of last weeks' discussions it's come to light that various revisions and re-approvals for those documents are needed. Being the Albemarle County, East Rivanna Vol Fire Co, and ACSA documents are ready for approval and the impending March 31 deadline please submit those two documents for signatures and approval. Assure that those documents are signed and notarized by the East Rivanna Vol Fire Co (owner) and we'll get Tom Foley's signature. Once we have all signatures notarized we can approve the plat. Then you can record it. Chrktolher P.Po-et Senior Planner Department of Community Development;County of Albemarle.Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Monday, February 09, 2015 10:35 AM To: 'Jeremy Lynn' Subject: RE: Glenmore Tank Jeremy, Sounds good. For this project, lets assure all plats and deeds are submitted at the same time to avoid confusion, to include the plats/deed signed by Rivanna Village LLC. Please drop off all documents (plats and deed of easements), I'll give them a look over, send the appropriate ones to the County Attorney for Tom to sign/notarize and then we can approve them. I'll email/call you once they have been approved. 'hrigopher P.Perez Senior Planner Department of Community Development;County of Albemarle.Virginia 401 McIntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 From: Jeremy Lynn [mailto:jiynn(aserviceauthoritv.orq] Sent: Monday, February 09, 2015 10:31 AM To: Christopher Perez "r'`' Subject: Glenmore Tank Chris, I have the signed plats and deeds from the Fire Department. Can I send them over to you to get signatures from the County? Alex should be over there this afternoon for Pre-Apps, I can get him to drop them off to your attention if that works for you. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434) 977-4511 ext. 114 2 Christopher Perez From: Christopher Perez Sent: Thursday, February 26, 2015 9:06 AM To: Andy Herrick Cc: Greg Kamptner Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Andy, See my comments below i red. Christopher P. Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Thursday, February 26, 2015 8:34 AM To: Christopher Perez Cc: Greg Kamptner Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Chris, Greg is the only attorney handling the Rivanna Village landscaping easement. I'll defer to him on these ue • and do not need to be included in future discussions involving only the landscaping easement. Inderstood. y% 's the current status of locum• is fo -r tank easement on the Cou • - I tment arcela t this point that item was approved by t Ic ounty Attorney's office and is ready for signatures (it Ina already be signed). I previously had advised the applicant to have ALL deeds and plats signed by each owner before submitting them any of them, as I wanted to avoid individual documents trickling in at separate times. BUT being they have some pending issues on the deeds associated with Rivanna Village LLC, maybe we should just have them get the County/Fire Dept plat and deed signed and submitted and then approved/recorded ASAP to avoid them missing a County imposed deadline (Jeremy recently mentioned something about a March 31st date ?? How do you advice they proceed? Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you arc requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Christopher Perez Sent: Wednesday, February 25, 2015 3:08 PM To: Greg Kamptner Cc: Andy Herrick 1 Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Greg, Very comprehensive. Do you mind if I copy and paste both of your answers to these questions to Jeremy(ACSA). Or because they are legal opinions do you just want me to say,we have no objections to either of the two requested modifications? Also, am I correct in requiring the revised deeds to go back through County Attorney review as they are being modified ever so slightly from what you previously approved? thanks Christopher P.Perez(Senior Planner Department of Community Development ICounty of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Greg Kamptner Sent: Wednesday, February 25, 2015 3:04 PM To: Christopher Perez Cc: Andy Herrick Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Chris- Regarding bullet 5: • 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 easement document. The special exception ("SE") conditions required the landscape easement and said that the easement would be "subject to" a list of specific requirements.Although I had suggested the language in the draft deed referencing the SE that is of concern to Rivanna Village,the "subject to" language in the SE conditions was to merely acknowledge that the lands within the easement would have to comply with the specific requirements in the special exception and including a reference to the SE conditions in the deed of easement was a way to put interested parties on notice of their existence, but the language does not have to be in the deed of easement because the SE conditions exist independently as zoning requirements. If the sole reason for Rivanna Village's objection is that it"may unduly complicate amending"the SE, it won't.The amended SE would likely require that the deed of easement be amended to identify the amended SE.The same thing would likely be required if the SE was later amended and the conditions from the current SE were spelled out verbatim in the deed of easement. However, a key benefit for Rivanna Village to state the conditions verbatim in the deed of easement(and they would be terms of the deed, not SE conditions) is that it would give Rivanna Village a right to 2 vow, Noe enforce them as terms of the deed of easement, rather than having only the County enforce the SE conditions under the Zoning Ordinance. At bottom,the key issue for the County's review of the landscaping easement was to ensure that the easement location is where it was in the plans referenced in the SE conditions. If that is satisfied,the paragraph that is raising concern can be removed because the County can enforce the SE conditions, regardless of whether there is any mention of them in the deed. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org From: Christopher Perez Sent: Wednesday, February 25, 2015 1:27 PM To: Greg Kamptner Cc: Andy Herrick Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Greg, The attached deed of easement is the last version of the approved document that I have...this is the version where the applicant separated it out to become its own deed of easement. Also, as requested attached are the conditions of the special exception in the resolution that went to the BOS. Christopher P. Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From: Greg Kamptner Sent: Wednesday, February 25, 2015 1:06 PM To: Christopher Perez Cc: Andy Herrick Subject: RE: SUB2014-188, 189, 190 Glenmore Ground Storage tank, Pump Station, and Water Main Project—easement plats. Chris- Regarding the Bullet 3 comment,we would not object.This is an issue for the ACSA do decide whether it is willing to accept the grant of a utility with special warranty instead of general warranty of title. Regarding the Bullet 5 comment,can you send me the deed of easement and the special exception conditions that are referenced? I don't have/can't find copies. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org From: Christopher Perez Sent: Wednesday, February 25, 2015 12:16 PM 3 • %se �w 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 area 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 easement 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 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. 4 Nee Hope this helps. Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Jeremy Lynn [mailto:jlynnOserviceauthority.orq] 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.org] 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 is likely to be the normal review time. I have CCed the County Attorney's office to 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. 5 I hope this helps. Christopher P.Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 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 anspottsfain.com] Sent: Wednesday, February 25, 2015 9:22 AM To: 'ilynn @serviceauthority.org' Cc: Richard H. Reiss (rrvhcomcast.net); Boninti, Andrew (andrew.bonintacbre-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 600 SPOTTS FAIN Richmond,VA 23219 (804)697-2063 (804)697-2163 fax (804)370-3561 cell bmarronta7.spottsfain.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. 6 Christopher Perez From: Christopher Perez Sent: Wednesday, February 11, 2015 9:01 AM To: Andy Herrick Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Attachments: Email from Jeremy Lynn about final proceedings.pdf Andy, Per the attached email from 1-9-15, Jeremy Lynn of ACSA(the applicant) is also working this same item and is circulating all documents (plats and deeds) for signature by all owners. Once he's done getting all that straight he plans to drop the documents off to me, after which I'll send all applicable does to your office for approval to form, and then for Tom Foley to sign. Once Tom has executed the does which relate to him, and I have all other does executed....I plan to have the subdivision agent approve the plats. After which the applicant should go record the plats in the clerk's office. I await the does to be submitted. Christopher P.Perez 1 Senior Planner Department of Community Development lCounty of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Tuesday, February 10, 2015 1:44 PM To: Christopher Perez Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Chris, Thanks for clarifying. Once we have final agreement from all parties on the deed and plats, we'll have them signed and then routed to Community Development for approval. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Christopher Perez Sent: Monday, February 09, 2015 9:54 AM To: Andy Herrick Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Andy, Ok, thanks for the note. To answer your question about what else is needed prior to the site plan being approved, see the following: 1) All onsite and off-site easement plats/deed of easements shall be signed and notarized by all owners 2) Once those documents are executed by the applicant,then the Subdivision Agent can approve the plats (once 1 w w► submitted). 3) Then the approved plats and deed of easements need to be recorded in the clerks office. 4) Then the Site Plan needs to be revised to include all the Deed Book Page reference numbers of these newly recorded easements. (4a) The Site Plan should also be revised to address all remaining County and Agency comments which are pending on the site plan (VDOT approval still pending minor change, and Planning approval pending modifications of a couple notes on plan).Also the engineer needs to sign/seal all pages of the site plan. 5) Once all the above has been completed I believe we're a go for approval of the site plan. Christopher P. Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Saturday, February 07, 2015 9:16 AM To: Christopher Perez Subject: FW: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Chris, Here is confirmation that the County and ACSA have agreed on language for the Glenmore Ground Storage Tank deed. However,we're apparently still awaiting final approval of the East Rivanna Volunteer Fire Company. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Jim Bowling [mailto:jmbCastlawva.com] Sent: Friday, February 06, 2015 12:46 PM To: Andy Herrick Cc: 'Jeremy Lynn' Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Andy, Jeremy has been in touch with the Fire Department. The ACSA has to get the site plan approved by the County before it can make any payment. Jeremy will let us know when we can proceed. Jim James M. Bowling, IV St. John, Bowling, Lawrence&Quagliana, LLP 416 Park Street Charlottesville,Virginia 22902 (434)296-7138 (434)296-1301 Fax 2 Nur Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you From: Andy Herrick [mailto:aherrickalbemarle.orq] Sent: Friday, February 06, 2015 10:14 AM To: Jim Bowling Cc: Roy Hamilton Via Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jim, Glad to hear that the proposed deed for the Glenmore Water Tank Easement was acceptable to the ACSA. Has the ACSA shared the proposed deed and plat with the East Rivanna Volunteer Fire Company? Once we have mutually-acceptable documents, we'll also need to make payment arrangements. Let me know when you're ready to proceed. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Jeremy Lynn [mailto:jlynn@ serviceauthority.orq] Sent: Friday, February 06, 2015 8:59 AM To: Andy Herrick Cc: Christopher Perez; Jim Bowling; Roy Hamilton Via Subject: FW: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Andy, Below is Jim's response related to the revised deed of easement. Please feel free to contact Jim directly if you have any further issues or comments. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434)977-4511 ext. 114 From: Jim Bowling [mailto:jmbOstlawva.com] Sent: Thursday, February 05, 2015 4:55 PM To: 'Jeremy Lynn' Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jeremy, This looks acceptable to me. Jim 3 mow vie James M. Bowling, IV St. John, Bowling, Lawrence &Quagliana, LLP 416 Park Street Charlottesville, Virginia 22902 (434) 296-7138 (434)296-1301 Fax Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you From: Jeremy Lynn [mailto:jlynn@ serviceauthority.orq] Sent: Thursday, February 05, 2015 3:54 PM To: Jim Bowling Cc: Roy Hamilton Via Subject: FW: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jim, Are you okay with Andy's revisions? I have the finalized plats and would like to submit to the County for signatures if acceptable to you. Thanks. 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:cperezOalbemarle.orq] Sent: Monday, February 02, 2015 10:48 AM To: Jeremy Lynn; Votava, Chip Subject: Glenmore Ground Storage Tank projects (deeds, plats, site plan) 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 4 .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. 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 I Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 This email has been checked for viruses by Avast antivirus software. www.avast.com 5 G? cwostC This email has been checked for viruses by Avast antivirus software. a f... www.avast.com 6 *ow Noe Christopher Perez From: Andy Herrick Sent: Saturday, February 07, 2015 9:16 AM To: Christopher Perez Subject: FW: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Chris, Here is confirmation that the County and ACSA have agreed on language for the Glenmore Ground Storage Tank deed. However,we're apparently still awaiting final approval of the East Rivanna Volunteer Fire Company. Let me know what else is needed for site plan approval (as a prerequisite to payment of the County). Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Jim Bowling [mailto:jmb @stlawva.com] Sent: Friday, February 06, 2015 12:46 PM To: Andy Herrick Cc: 'Jeremy Lynn' Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Andy, Jeremy has been in touch with the Fire Department. The ACSA has to get the site plan approved by the County before it can make any payment. Jeremy will let us know when we can proceed. Jim James M. Bowling, IV St. John, Bowling, Lawrence & Quagliana, LLP 416 Park Street Charlottesville, Virginia 22902 (434)296-7138 (434)296-1301 Fax Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you From: Andy Herrick [mailto:aherrick @albemarie.org] Sent: Friday, February 06, 2015 10:14 AM To: Jim Bowling Cc: Roy Hamilton Via Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jim, 1 Glad to hear that the proposed eed for the Glenmore Water Tank Easement was acceptable to the ACSA. Has the ACSA shared the proposed deed and plat with the East Rivanna Volunteer Fire Company? Once we have mutually-acceptable documents,we'll also need to make payment arrangements. Let me know when you're ready to proceed. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Jeremy Lynn [mailto:jlynr a>serviceauthoritv.orq] Sent: Friday, February 06, 2015 8:59 AM To: Andy Herrick Cc: Christopher Perez; Jim Bowling; Roy Hamilton Via Subject: FW: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Andy, Below is Jim's response related to the revised deed of easement. Please feel free to contact Jim directly if you have any further issues or comments. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434) 977-4511 ext. 114 From: Jim Bowling [mailto:jmb©stlawva.com] Sent: Thursday, February 05, 2015 4:55 PM To: 'Jeremy Lynn' Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jeremy, This looks acceptable to me. Jim James M. Bowling, IV St. John, Bowling, Lawrence & Quagliana, LLP 416 Park Street Charlottesville, Virginia 22902 (434) 296-7138 (434) 296-1301 Fax Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you From: Jeremy Lynn [mailto:jlynn@serviceau`haritv.orq] Sent: Thursday, February 05, 2015 3:54 PM 2 To: Jim Bowling Cc: Roy Hamilton Via Subject: FW: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jim, Are you okay with Andy's revisions? I have the finalized plats and would like to submit to the County for signatures if acceptable to you. Thanks. 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(aalbemarle.orq] Sent: Monday, February 02, 2015 10:48 AM To: Jeremy Lynn; Votava, Chip Subject: Glenmore Ground Storage Tank projects (deeds, plats, site plan) 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 3 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. 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. :Iris€upiter P, Pere'"!Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 This email has been checked for viruses by Avast antivirus software. www.avast.com "cts#r This email has been checked for viruses by Avast antivirus software. www.avast.com 4 Christopher Perez From: Christopher Perez Sent: Friday, February 06, 2015 8:59 AM To: 'Jeremy Lynn' Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jeremy, I await Andy's approval of the deed.Thanks Chn &other P. Peen Senior Planner Department of Community Development lCounty of Albemarle.Virginia 401 Mclntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 From: Jeremy Lynn [mailto:jlynn @serviceauthority.org] Sent: Friday, February 06, 2015 8:59 AM To: Andy Herrick Cc: Christopher Perez; Jim Bowling; Roy Hamilton Via Subject: FW: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Andy, Below is Jim's response related to the revised deed of easement. Please feel free to contact Jim directly if you have any further issues or comments. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434) 977-4511 ext. 114 From: Jim Bowling [mailto:jmbCa�stlawva.com] Sent:Thursday, February 05, 2015 4:55 PM To: 'Jeremy Lynn' Subject: RE: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jeremy, This looks acceptable to me. Jim James M. Bowling, IV St. John, Bowling, Lawrence &Quagliana, LLP 416 Park Street Charlottesville, Virginia 22902 (434) 296-7138 (434) 296-1301 Fax Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you 1 from: Jeremy Lynn [mailto:jlynn@ serviceauthoritv.orq] Sent: Thursday, February 05, 2015 3:54 PM To: Jim Bowling Cc: Roy Hamilton Via Subject: FW: Glenmore Ground Storage Tank projects (deeds, plats, site plan) Jim, Are you okay with Andy's revisions? I have the finalized plats and would like to submit to the County for signatures if acceptable to you. Thanks. 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: Monday, February 02, 2015 10:48 AM To: Jeremy Lynn; Votava, Chip Subject: Glenmore Ground Storage Tank projects (deeds, plats, site plan) 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 2 Noe 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. 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. raritt<,t,t.4 '°. l'e'c; ':.Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 Mclntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 talsl This email has been checked for viruses by Avast antivirus software. m< +�frits www.avast.com 3 dhristopher Perez From: Andy Herrick Sent: Friday, January 30, 2015 12:28 PM To: Christopher Perez Subject: RE: SUB2014-190-Glenmore Water Tank-easements (associated deed) Chris, The County Executive (Thomas C. Foley) will be signing all documents on behalf of the County (as Owner). The County Executive's signature should be subject to the same notary requirements as any other Owner signature on a plat. If Owners' signatures on plats generally require notaries, then so should the County Executive's here. If not, then not. Hope that helps. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Christopher Perez Sent: Friday, January 30, 2015 12:16 PM To: Andy Herrick Subject: SUB2014-190 - Glenmore Water Tank- easements (associated deed) Andy, I have completed my review of the subdivision plat (SUB2014-190) which is associated with the deed of easement you are reviewing. I offer the following comment on the plat: 1) [14-303(0)] Signature panels. Include individual signature panels for all owners, and provide a signature panel for"The Agent of the Board of Supervisors". The signature panel for the owners shall be immediately followed by a notary panel. Rev 1. Comment not adequately addressed. The property is owned by two parties: "The County of Albemarle" and "East Rivanna Volunteer Fire Co Inc". As such, there should be two signature lines provided with two notary statements provided, as these two owners will be signing in the presence of a notary separately. Revise appropriately. Andy,who from the County is authorized to sign the plat as the owner: "The County of Albemarle" , who should they list on the plat? Also does the authorized signer for the County need to be notarized? if so, then they truly need to provide the second notary certificate on the plat. That's my only question on the plat. Let me know what you think when you get a chance to review the deed and plat. Thanks Cb' zs=ltiu f° l'erc•a!Senior Planner I:)epartment of Community Development!County of Albemarle.Virginia 401 McIntire Road I Charlottesville,VA 22902 1 NNW- 434.296.5832 ext.3443 From: Andy Herrick Sent: Friday, January 30, 2015 10:46 AM To: Christopher Perez Subject: RE: Glenmore Water Tank- easements (associated deeds) Chris, Interesting. I'm surprised that ACSA and/or its attorney didn't copy me on these documents earlier. In any event, ACSA's attorney has asked his staff to provide me the latest documents. It'll be interesting to see whether we're all still on the same page, literally. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Christopher Perez Sent: Friday, January 30, 2015 10:32 AM To: Andy Herrick Subject: FW: Glenmore Water Tank- easements (associated deeds) Andy. Attached is the initial word doc version of the document which I received back in December. This is not the version you are reviewing; rather, MINOR changes happened (the applicant only changed references to the easements to match the latest plat). I went ahead and made the changed to this document which match the version you're looking at. I made all the changed in track changes. Maybe this will be good enough to get your review going? Or maybe you would prefer to wait till Jim gets back to you. Just trying to help. r. Percy;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@>serviceauthoritv.orq] Sent: Friday, December 12, 2014 2:32 PM To: Christopher Perez; 'Jeremy Lynn' Subject: RE: Glenmore Water Tank- easements (associated deeds) Chris, Attached are the revised easements for the Glenmore Tank Project. We have split out the landscaping easement to be a separate document. Baker is working on making revisions to the easement plats. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 2 wow Now- 168 Spotnap Road, Charlottesville, VA 22911 t434) 977-4511 ext. 114 From: Christopher Perez [mailto:cperez@ albemarle.orq] Sent: Tuesday, December 09, 2014 1:25 PM To: Jeremy Lynn; Jeremy Lynn Subject: Glenmore Water Tank- easements (associated deeds) Jeremy, Attached is the County Attorney's comments on the draft deed from Rivanna Village LLC to ACSA—which contains the landscaping deed of easement. See his comments in items #1 and#2. Also, in the attached pdf email, below Greg's 2nd item he also provides guidance on the draft deed from the County and ERVFC to ACSA and who shall be listed as the signature. Please revise the draft deeds per his directions. Please send me all revised documents for preliminary review, after which I'll forward them to his office. Once we get the County Attorney's written approval of the deeds and the plat is up to par then you can begin obtaining signatures, until then let's work to get these docs corrected. Thanks C'hrict€pher P. Perez Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road Charlottesville.VA 22902 434.296.5832 ext.3443 3 Christopher Perez From: Andy Herrick Sent: Friday, January 30, 2015 12:11 PM To: Christopher Perez Subject: RE: ACSA Glenmore Water Tank Easement Chris, Thanks for clarifying. I wasn't understanding some of Greg's comments. Now I do. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Christopher Perez Sent: Friday, January 30, 2015 12:09 PM To: Andy Herrick Subject: RE: ACSA Glenmore Water Tank Easement Andy, To be clear the County is reviewing four(4) different deed of easements associated with this project. Greg reviewed the following 3 deed of easements: 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 Andy the deed you are reviewing is below: 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. Christopher ri Perez Senior Planner Department of Community Development ;County of Albemarle,Virginia 401 McIntire Road;Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Friday, January 30, 2015 11:56 AM 1 Td: Andy Herrick Subject: RE: ACSA Glenmore Water Tank Easement Andy, Those guys are funny, seems they sent you the wrong deed of easement all together, not merely an old version, but completed different deed which Greg already reviewed and approved on 1-28-15 which is associated w/SUB2014-188. Please note the owners on that one, only Rivanna Village. Chrictupher .1'.Perez;Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville.VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Friday, January 30, 2015 11:49 AM To: Christopher Perez Subject: FW: ACSA Glenmore Water Tank Easement Chris, FYI, this version of the deed for the Glenmore water tank site differs from the apparently more recent version that you provided me. I think I'll work from your version as the more recent. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Roy Hamilton Via [mailto:rhvOstlawva.com] Sent: Friday, January 30, 2015 11:31 AM To: Andy Herrick Cc: 'James M. Bowling IV; jlynn( serviceauthoritv.orq Subject: ACSA Glenmore Water Tank Easement 11 am Jim Bowling's legal assistant. He has dictated the matter set out below and asked me to send it to you.] Andy: Attached is a copy of the Glenmore water tank easement dated 11/14/14 in Word format. If you have any questions, please let me know. James M. Bowling, IV St.John, Bowling, Lawrence &Quagliana, LLP 416 Park Street Charlottesville,Virginia 22902 (434) 296-7138 (434) 296-1301 Fax 2 Nape *re Notice: This email may contain attorney-client privileged information, privileged work product, or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. ,„42= VDSltJ This email is free from viruses and malware because avast! Antivirus protection is active. vtg film 3 Review Comments Project Name: Glenmore Ground Storage Tank Pump Station & V Easement Plat Date Completed: Monday, February 02, 2015 Revievrer: Christopher Perez Department "Divi9ion1.Agencyr: O Reviews Comments: I The signature lines are novi correct and A.nddy Herrick has signed off on the deed of easements. Pending submital of signed/notarized flocs for signature by Tom Foley prior to approval Review Status: No Objection Page: 1 Counts of Albemarle Cn: 4J21J2015 Review Comments Project Name: Glenmore Ground Storage Tank, Pump Station & V Easement Plat Date Completed: [Monday, January 2.6: 2015 Revievrer: -John Anderson Departments "Di vi9ion1.Agenc : Engineering Reviews Comments: All prior Engineering comments addressed. I Review Status: No Objection Rage: 1 Count of A.1bemarle Cn: 4J2112015 Review Comments Project Name: Glenmore Ground Storage Tank, Pump Station & V Easement Plat F-I Date Completed: lWednesday, December 10, 2014 Revievver: John Anderson F-I D e p a rtm e ntiD ivi 9 i o n.1.Ag e n c-y': Engineering F-I Reviews Comments: Review Status: lRequested Changes F-I Page: 1 Counts of A.1bemarle Cn: 14J2112015 Kamptner rom: Greg Kamptner Sent: Tuesday, December 09, 2014 12:13 PM To: Christopher Perez Subject: Glenmore Gound Storage Water Tank Chris- Here are my comments on the Rivanna Village LLC to ACSA landscaping deed of easement: 1. The draft deed does not differentiate between the water/sewer line and access easements and the landscaping easement.This means that under the terms of the deed on pages 2 and 3,ACSA is allowed to install and so forth the water/sewer lines, excavate, and to cut trees, shrubbery, and so forth within landscaping easement.This can be fixed two ways—either clarify the deed so that all of the aforementioned rights of ACSA apply only within the water/sewer line and access easements, or remove the landscaping easement altogether and address it in a separate deed. 2. As for proposed language regarding maintaining the landscaping within the easement, here is some suggested language: "The landscaping easement is subject the Special Exception approved by the Albemarle County Board of Supervisors on December 3, 2014 for SDP 2014-00054 Glenmore Ground Storage Water Tank, Pump Station, and Water Mains, and all of the conditions imposed in conjunction with the Special Exception." For maintaining the landscaping specifically, I suggest language from County Code 18-32.7.9.9(c), with a minor revision to specify that the ACSA is responsible for maintaining the landscaping: "All landscaping and screening shall be maintained in a healthy condition by the ACSA, and replaced when necessary. Replacement material shall comply with the approved landscape plan." As for who should sign the deed and plat for the conveyance from County/ERVFC to ACSA, both the County(Tom)and ERVFC need to sign both the deed and the plat.The County's title to the parcel is in the name of"County of Albemarle, Virginia" not the "Board of Supervisors of Albemarle County, Virginia" so the plat and deed need to state it that way. (�F� �� n �i. ,,r � �;� d��a i� � j o rrt�iw ����,�, v 4f)1;0 1 1 Jti,>� Greg Kamptner Deputy County Attorney - ,3<ri County of Albemarle gkamptner @albemarle.org OF Al gk� �$ �'IRGINIP County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Phone 434 - 296 -5832 Fax 434 - 972 -4126 Memorandum To: Ryan J. Dreelin, Rinker Design Associates, P.C. From: Christopher P. Perez, Senior Planner Division: Planning Date: November 26, 2014 Subject: SUB 201400190 Glenmore Water Tank - Easements The County of Albemarle Planning Division will grant or recommend approval of the easement plat referenced above once the following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise specified.] 1. [14- 302(A)(4 &5)] Private and Public easements. There are discrepancies in labels between the site plan, the plat, and the deed. All items must be consistently labeled between all documents. - On the site plan there is a "ACSA water storage tank/pump station easement "; however, on the plat and the Area Tabulations Chart that same easement is simply labeled a "ACSA Easement ". - On the site plan there is a "proposed 20' ingress and egress easement" (which scales out to 20'); however, on the plat that easement is simply labeled a "20' ACSA ingress and egress easement" or in the Area Tabulations Chart an "ACSA ingress and egress easement" or in the deed as "20' permanent ingress- egress easement ". All items must be consistently labeled between all documents. Revise appropriately. 2. [14- 302(A)] Public easements. All proposed public easements shall be labeled as "dedicated to public use ". 3. [14- 302(B)4] Places of burial. The location of any grave, object or structure marking a place of burial located on the property. On the plat locate the approximate location of any cemeteries /graves. If none found please provide a note which states this on the plat. 4. [14- 302(B)(5)] Zoning classification. On the plat provide the zoning of the property: "Neighborhood Model District (NMD) with a Code of Development, Proffers associated from ZMA200100008 and ZMA201300012 " [14- 302(B)(7)] Reservoir watershed and Agricultural forestal district. On the plat provide a note that states that "the property is not within a reservivoir watershed nor is it located in an agricultural - forestal district. " 6. [14- 303(A)] Statement of consent to division. Provide the following required statement of consent: "The platting or dedication of the following described land [insert correct description of the land subdivided] is with free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any. " 7. [14- 303(D)] Acreage of lots. Provide the acreage of the parcel. 8. [14- 303(0)] Signature panels. Include individual signature panels for all owners, and provide a signature panel for "The Agent of the Board of Supervisors ". The signature panel for the owners shall be immediately followed by a notary panel. 9. [14 -302 (A)(15)] Identification of all owners and certain interest holders. Provide the owners' address on the plat. 10. [14- 302(B)(1)] General Information. When the plat is revised, please provide the date of the last revision on the plat. 11. [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. 12. [General] Any engineering comments that may be forthcoming will need to be addressed before this plat can be approved. 13. [Comment] The plat cannot be approved until the Board of Supervisors holds a public hearing which allows them to sign off on granting the easement to ACSA. Planning staff will be working with Jeremy Lynn on this issue and the County Attorney's office. Please contact Christopher P. Perez in the Planning Division by using Cperezkalbemarle.org or 434 - 296 -5832 ext.3443 for further information.