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HomeMy WebLinkAboutSUB201400191 Correspondence 2015-05-21 INV 110110F Christopher Perez From: Christopher Perez Sent: Thursday, May 21, 2015 4:48 PM To: 'Gwen Lacy' Subject: RE: SUB2014-191 Richard Family division Gwen, SUB2014-191 Richard Family division The above mentioned plat is approved and ready to be picked up. Please record the 3 legal docs you submitted with the plat and the Affidavit (original provided with the signed plats) in the clerk's office. Thanks Christopher P. Perez Senior Planner Department of Community Development!County of Albemarle,Virginia 401 McIntire Road !Charlottesville,VA 22902 434.296.5832 ext.3443 1 r v,r,r .fir Christopher Perez From: Greg Kamptner Sent: Tuesday, February 10, 2015 12:44 PM To: Christopher Perez Subject: RE: Richardson sight line easement Chris- Thanks for the review. I assume that the separate signature page reference resolves itself in the final version. Greg Kamptner Deputy County Attorney County of Albemarle gkamptnerCa?albemarle.org From: Christopher Perez Sent:Tuesday, February 10, 2015 11:51 AM To: Greg Kamptner Subject: RE: Richardson sight line easement Greg, I looked it over, it looks fine to me, didn't see anything that was missed. However, on page 4, I notice they left the following statement: "Witness the following signatures and seals on separate signature pages;" but the witness portion are on the same pages as the signatures. Seems like a small detail, it may have no consequence. Otherwise I have no comments, except that this document seems like a lot of words for such a small item. I guess that's what it takes to get the job done, nobody said legal documents were brief. Hope that helps. C"1�ri:i43her P. Perez Senior Planner Department of Community Development(County of Albemarle.Virginia 401 McIntire Road(Charlottesville,VA 22902 434 296.5832 ext.3443 From: Greg Kamptner Sent:Tuesday, February 10, 2015 9:37 AM To: Christopher Perez Subject: FW: Richardson sight line easement Chris- This appears to address my comments to the applicant. Please give it a review and let me know if there's anything we overlooked. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner(a@albemarle.org 1 Noy ',owe From: Larry J. McElwain [mailto:Imcelwain@apmjlawfirm.com] Sent: Tuesday, February 10, 2015 8:32 AM To: Greg Kamptner Cc: Gwen Lacy Subject: RE: Richardson sight line easement Greg: Thanks for your input. Attached is a revision incorporating your noted changes, plus one or two others for clarification. I have copied Gwen Lacy of Roger Ray's office so that she can remain in the loop. Once/if the attached is approved I will let Gwen know that it will be ready for the Richardsons' signatures, which she will be obtaining. Please let me know if there are additional requested changes. Larry J. McElwain Parker, McElwain &Jacobs, PC 2340 Commonwealth Drive Charlottesville,VA 22901 Ph:434-973-3331 ext. 103 Fax:434-973-9393 From:Greg Kamptner [mailto:GKamptne @ albemarle.org] Sent: Monday, February 9, 2015 8:47 AM To: Larry J. McElwain Subject: RE: Richardson sight line easement Larry- For whatever reason,this one ends up being an odd one. VDOT wants the sight distance easement to be shown on the plat, but does not want to be an easement holder.This is not a sight distance easement that the County would hold. The depicted easement shows the area where vegetation must be maintained, and VDOT says that it will require the Richardsons(not identified by name, but presumably the recipients of the VDOT-issued entrance permit which I have assumed are the Richardsons?)to maintain the vegetation in the easement area as a requirement of the permit. I've modified the easement language to address the situation. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org From: Larry J. McElwain [mailto:Imcelwain(apmjlawfirm.com] Sent: Wednesday, January 21, 2015 5:06 PM To: Greg Kamptner Subject: Richardson sight line easement Greg: I hope this email finds you well. Attached is a draft sight line easement for my clients, Donald and Sheila Richardson. Also attached is the relevant plat. I'm told by Roger Ray's office that they think the easement should be conveyed to the County and not to VDOT. In any event, it would be appreciated if you would peruse the attached and let me know what, if any, changes you foresee as necessary. As always,thank you for your attention to this matter. Larry J. McElwain 2 Ni wr Parker, McElwain &Jacobs, PC 2340 Commonwealth Drive Charlottesville,VA 22901 Ph:434-973-3331 ext. 103 Fax:434-973-9393 3 Christopher Perez From: Greg Kamptner Sent: Tuesday, February 10, 2015 9:37 AM To: Christopher Perez Subject: FW: Richardson sight line easement Attachments: Richardson.SighLine.Easement.docx Chris- This appears to address my comments to the applicant. Please give it a review and let me know if there's anything we overlooked. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner@albemarle.org From: Larry J. McElwain [mailto:Imcelwain@pmjlawfirm.com] Sent:Tuesday, February 10, 2015 8:32 AM To: Greg Kamptner Cc: Gwen Lacy Subject: RE: Richardson sight line easement Greg: Thanks for your input. Attached is a revision incorporating your noted changes, plus one or two others for clarification. I have copied Gwen Lacy of Roger Ray's office so that she can remain in the loop. Once/if the attached is approved I will let Gwen know that it will be ready for the Richardsons' signatures, which she will be obtaining. Please let me know if there are additional requested changes. Larry J. McElwain Parker, McElwain &Jacobs, PC 2340 Commonwealth Drive Charlottesville,VA 22901 Ph:434-973-3331 ext. 103 Fax:434-973-9393 From: Greg Kamptner [mailto:GKamptne(«'albemarle.org] Sent: Monday, February 9, 2015 8:47 AM To: Larry J. McElwain Subject: RE: Richardson sight line easement Larry- For whatever reason, this one ends up being an odd one. VDOT wants the sight distance easement to be shown on the plat, but does not want to be an easement holder.This is not a sight distance easement that the County would hold. The depicted easement shows the area where vegetation must be maintained, and VDOT says that it will require the Richardsons (not identified by name, but presumably the recipients of the VDOT-issued entrance permit which I have assumed are the Richardsons?)to maintain the vegetation in the easement area as a requirement of the permit. 1 I've modified the easement language to address the situation. Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org From: Larry J. McElwain [mailto:Imcelwain�alpmjlawfirm.com] Sent: Wednesday, January 21, 2015 5:06 PM To: Greg Kamptner Subject: Richardson sight line easement Greg: I hope this email finds you well. Attached is a draft sight line easement for my clients, Donald and Sheila Richardson. Also attached is the relevant plat. I'm told by Roger Ray's office that they think the easement should be conveyed to the County and not to VDOT. In any event, it would be appreciated if you would peruse the attached and let me know what, if any, changes you foresee as necessary. As always,thank you for your attention to this matter. Larry J. McElwain Parker, McElwain &Jacobs, PC 2340 Commonwealth Drive Charlottesville,VA 22901 Ph:434-973-3331 ext. 103 Fax:434-973-9393 2 ' Christopher Perez From: Christopher Perez Sent: Tuesday, February 03, 2015 3:24 PM To: Greg Kamptner Subject: Richardson new sight line easement Greg, Does VDOT's response(highlighted below) about the sight distance easement provide the guidance you need to help develop/review the deed of easement for the sight line? Christopher I'. Pere/ I Senior Planner Department of Community Development!County of Albemarle.Virginia 401 Mclntire Road l Charlottesville.VA 22902 434.296.5832 ext. 3443 From: Seale, Dennis L. (VDOT) [mailto:Dennis.Seale@ VDOT.Virginia.gov] Sent:Tuesday, February 03, 2015 2:56 PM To: Christopher Perez; Plaster, Shelly(VDOT);Troy Austin Cc: Greg Kamptner Subject: RE: Richardson new sight line easement Good Afternoon Christopher, This is a private road that needed sight distance to the right to bring this entrance up to VDOT standards for safety prior to anyone else building and increasing traffic.The Richardson Family has cleaned and removed the trees from this area as required. I would advise the county not to take control of these private sight distance easements unless you do want the responsibility of potentially cleaning them up.The sight easement for this private road gives each of these residents the right to keep clear any clean, remove trees, bushes, etc.for their safety and applies other restrictions. As of right now the way it is worded the county or VDOT does not have any obligation to clean or maintain.VDOT does have the right to request they clean it up if it becomes a hazard and they are not cleaning per their agreement. This is a secondary road and VDOT does not want the easement. If the county wants to maintain certain control then you could put"Public Easement" over top of the of where it says New Sight Easement 225' on plat and add a paragraph of what rights you would want to hold over the sight easement. If you should have any other questions or concerns please let me know. Thanks, Dennis Seale Engineering Specialist VDOT Charlottesville Residency 434-531-2877 From: Christopher Perez [mailto:cperez(aalbemarle.orq] Sent: Tuesday, February 03, 2015 11:13 AM To: Plaster, Shelly (VDOT); Austin, Nathran. (VDOT); Seale, Dennis L. (VDOT) Cc: Greg Kamptner Subject: Richardson new sight line easement 1 Troy/Shelly/Dennis, The County is reviewing an application for SUB2014-191 Richardson—Family Subdivision. Associated with the subdivision plat is a new 225' sight distance easement being platted. The question being discussed at the moment is who shall the sight distance easement be granted to: the County or VDOT? Attached is the plat, an email from Dennis Seale to Gwen Lacy discussing the easement, and a draft deed of easement for the Sight line easement. Does VDOT want the easement or does VDOT want the County to hold the easement? Thank you t%ts>t3wr '' $'ere®;Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Greg Kamptner Sent: Monday, February 02, 2015 3:07 PM To: Christopher Perez Subject: FW: Richardson sight line easement Chris- Larry McElwain, representing the Richardsons on this proposed subdivision, sent the attached sight distance easement for my review. I'm informed that you are reviewing the plat it will pertain to. Does VDOT want the easement or does it want the County to hold the easement? Greg Kamptner Deputy County Attorney County of Albemarle gkamptner(a)albemarle.org From: Larry J. McElwain [mailto:Imcelwain@)pmjlawfirm.com] Sent: Wednesday, January 21, 2015 5:06 PM To: Greg Kamptner Subject: Richardson sight line easement Greg: I hope this email finds you well. Attached is a draft sight line easement for my clients, Donald and Sheila Richardson. Also attached is the relevant plat. I'm told by Roger Ray's office that they think the easement should be conveyed to the County and not to VDOT. In any event, it would be appreciated if you would peruse the attached and let me know what, if any, changes you foresee as necessary. As always,thank you for your attention to this matter. Larry J. McElwain Parker, McElwain &Jacobs, PC 2340 Commonwealth Drive Charlottesville,VA 22901 Ph:434-973-3331 ext. 103 Fax:434-973-9393 2 Christopher Perez From: Christopher Perez Sent: Tuesday, February 03, 2015 11:13 AM To: 'Plaster, Shelly(VDOT)'; 'Austin, Nathran. (VDOT)'; Dennis Seale Cc: Greg Kamptner Subject: Richardson new sight line easement Attachments: Richardson.SighLine.Easement.docx; doc07381020150121182538.pdf; Sight distance easement from Dennis Seale nov 19 2014 .pdf Troy/Shelly/Dennis, The County is reviewing an application for SUB2014-191 Richardson—Family Subdivision. Associated with the subdivision plat is a new 225' sight distance easement being platted. The question being discussed at the moment is who shall the sight distance easement be granted to: the County or VDOT? Attached is the plat, an email from Dennis Seale to Gwen Lacy discussing the easement, and a draft deed of easement for the Sight line easement. Does VDOT want the easement or does VDOT want the County to hold the easement? Thank you chnmtoplac= 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: Greg Kamptner Sent: Monday, February 02, 2015 3:07 PM To: Christopher Perez Subject: FW: Richardson sight line easement Chris- Larry McElwain, representing the Richardsons on this proposed subdivision, sent the attached sight distance easement for my review. I'm informed that you are reviewing the plat it will pertain to. Does VDOT want the easement or does it want the County to hold the easement? Greg Kamptner Deputy County Attorney County of Albemarle gkamptner @albemarle.org From: Larry J. McElwain [mailto:Imcelwaintahpmjlawfirm.com] Sent: Wednesday, January 21, 2015 5:06 PM To: Greg Kamptner Subject: Richardson sight line easement Greg: I hope this email finds you well. Attached is a draft sight line easement for my clients, Donald and Sheila Richardson. Also attached is the relevant plat. I'm told by Roger Ray's office that they think the easement should be 1 conveyed to the County and not to VDOT In any event, it would be appreciated if you would ould peruse the attached and let me know what, if any, changes you foresee as necessary. As always,thank you for your attention to this matter. Larry J. McElwain Parker, McElwain &Jacobs, PC 2340 Commonwealth Drive Charlottesville,VA 22901 Ph:434-973-3331 ext. 103 Fax:434-973-9393 2 vole Christopher Perez From: Christopher Perez Sent: Monday, January 26, 2015 11:38 AM To: 'Gwen Lacy' Subject: SUB2014-00191 Richardson -family sub Attachments: SUB2014-00191_Richardson_FamDivDec_CA.pdf Gwen, Attached is the County Attorney conditional approval for the legal doc for SUB2014-00191 Richardson— Family Sub. Please make the minor correction to the document and then have the plat and the legal document signed and notarized by the owners. Bring the signed docs in for County Approval of the plat. Thanks Christopher P.Perez;Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 ..r wr+` Christopher Perez From: Gwen Lacy[gwenlacy @earthlink.net] Sent: Tuesday, January 20, 2015 8:31 AM To: Christopher Perez Subject: Fw: SUB2014-191 Donald R. Richardson - Family Division Attachments: Richardson.Declaration.docx Good Morning Chris, Please find attached the Declaration Document for Mr. Richardson (item # 4). The signed Affidavit was submitted with the application on November 19, 2014 (item # 3). According to your initial comments, dated December 17, 2014, you planned to submit both items to the county attorney at the same time. Please let me know it there is anything further needed. Thanks and have a good day. Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 1717-1 b Allied Street Charlottesville, Va 22903 434-293-3195 tel 434-293-4202 fax From:Gwen Lacy Imailto:gwenlacv @earthlink.net] Sent:Thursday,January 15, 2015 10:59 AM To:Christopher Perez Cc:dunrovinva @hotmail.com; Larry J. McElwain; Roger W. Ray&Associates Inc. Subject: Fw:SUB2014-191 Donald R. Richardson—Family Division Thanks Chris, I will let Mr. Richardson know. He has an attorney working on the required legal documents. Thanks again, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 1717-1 b Allied Street Charlottesville, Va 22903 434-293-3195 tel 434-293-4202 fax From: Christopher Perez 1 Sent:Thursday, January 15, 2015 10:471 To: Gwen Lacy Subject: RE: SUB2014-191 Donald R. Richardson — Family Division Gwen, I have received Health Department approval of the soil work for the above rented project.As promised attached is the approval letter. Notably I'll be providing the applicant the origin it work and approvals for their records once the plat has been approved. We're still pending your submittal of the required legal does mentione • comments#3 and #4. Otherwise looks like we're moving right along. �' r _ truer,((5 ,/� Thanks ( l �" c�"7 Christopher P. Pere, Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Tuesday, December 23, 2014 12:43 PM To: 'Gwen Lacy' Subject: RE: SUB2014-191 Donald R. Richardson — Family Division Gwen, I have reviewed your PDF resubmittal and all platting issues have been resolved with your resubmittal. I'd suggest you revise the title of the plat to include the new private street easement over TMP 27-39, but that's up to you. With regard to comment#11: based on the provision you sited(14-208D), currently there is no need to provide soil work for Lot C. Once the HD approved the soil work you provided for Lot B we'll have what we need from them for approval. I'll let you know when I receive their approval. With regard to comment#3 &#4 please submit the legal doc to the Planning Dept. Thanks chrictnithc, !'e:e:= Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road i Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gwen Lacy [mailto:gwenlacy(aearthlink.net] Sent: Monday, December 22, 2014 11:26 AM To: Christopher Perez Cc: Roger W. Ray &Associates Inc.; dunrovinva @hotmail.com Subject: Fw: SUB2014-191 Donald R. Richardson — Family Division Good morning Chris, Thanks for your comments on the Richardson Family Division Plat. Please find attached a pdf copy of the revised plat. The plat has been revised to reflect your comments dated December 17, 2014. 2 1. The existing restricted right-of-ray has been labeled as New Private"Street Easement. 2. The existing entrance road & 20' right-of-way has also been labeled as Existing Private Street Easement (D.B. 1972-136 & 137). 3. Ok (Affidavit to be forwarded to County Attorney). Pending submittal by applicant. 4. We will provide our client with the Declaration Template that you provided to complete or encompass in the deed and return for review by the County Attorney. Pending submittal by applicant. 5. Note L has been added to the plat pertaining to the private street. 6. The typographical error for the deed book reference has been corrected to reflect D.B. 403-73. 7. When we perform a field visit to set the iron pins, we will see if there are any buildings within 50 feet of the private street or new division line. We will let you know. 8. Note H has been revised to add (along internal private streets) for the front setback. 9. N/A (disregard, already provided). 10. A revised date has been added to the plat (Revised: December 22, 2014). 11. Health Department Approval is not required for Family Division lots greater than 5.00 acres according to Section 14-208 D. Our client has previously discussed this with Mark Graham and Ann Mallek for this project. You are correct. Based on the provision you sited, currently there is no need to provide soil work for Lot C. Once the HD approved the soil work you provided for Lot B we'll have what we need from them for approval. Please review the revised plat at your earliest convenience and let us know of any comments you have. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 1717-1 b Allied Street Charlottesville, Va 22903 434-293-3195 tel 434-293-4202 fax From: Christopher Perez Sent: Wednesday, December 17, 2014 5:28 PM To: Gwen Lacy Subject: SUB2014-191 Donald R. Richardson— Family Division Gwen, SUB2014-191 Donald R. Richardson—Family Division The above plat has been reviewed and the comments are attached. Also, as noted in the letter attached is the template for the restrictive covenants. .4'?Vt(2:ttS•`.°' s Peres:Senior Planner Department of Community Development(County of Albemarle.Virginia 401 Mclntire Road;Charlottesville.VA 22902 434 296.5832 ext.3443 3