HomeMy WebLinkAboutSUB201500083 Correspondence 2015-08-07 Andy Herrick
From: Andy Herrick
Sent: Friday, August 07, 2015 3:05 PM
To: Johnathan Newberry
Cc: Erika Castillo
Subject: RE: Old Trail Park and Greenway
J.T.,
The County Attorney and County Executive have now signed the deed and plat for the Old Trail Greenway
exchange. The plat should now be ready for your final approval. Once all the signatures are on the final plat,we'll need
to have it reduced from its current 22"xl 7" to a recordable size. I'll defer to Erika if you have specific questions about
that.
Otherwise, I'll leave the original signed documents for you to pick up at your convenience. Let us know when
everything is ready for recordation. 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:Johnathan Newberry
Sent:Wednesday,August 05, 2015 6:51 PM
To:Andy Herrick<aherrick @aibemarle.org>
Subject: RE:Old Trail Park and Greenway
Andy,
FYI:The Board voted to approve this BLA at their meeting tonight.
Can I confirm with you the process from here?
1. The County Executive will sign the deeds.
2. I'll come to your office to pick-up the deeds and plat.
3. I'll coordinate the signature on the plat.
4. I'll notify the plat is ready for pick-up.
Does that sound good to you?
Thanks,
J.T.
From:Andy Herrick
Sent:Wednesday,July 15, 2015 8:54 AM
To:Johnathan Newberry<inewberrv@albemarle.org>
Subject: RE:Old Trail Park and Greenway
J.T.,
1
Johnathan Newberry
From: Bill Ledbetter<BLedbetter @roudabush.com>
Sent: Monday, August 10, 2015 10:01 AM
To: Johnathan Newberry
Subject: RE: Old Trail Park and Greenway
Thanks.
I figured that once the attorneys started talking it would get figured out!
Bill Ledbetter
Roudabush, Gale and Associates
914 Monticello Road
Charlottesville, Virginia 22902
434-977-0205 office
540-649-0190 cell
434-296-5220 fax
From: Johnathan Newberry [mailto:jnewberry@albemarle.org]
Sent: Monday, August 10, 2015 10:01 AM
To: Bill Ledbetter
Cc: Adrian Rolon
Subject: RE: Old Trail Park and Greenway
Ready for pick-up.
From: Bill Ledbetter(mailto:BLedbetter @roudabush.com]
Sent: Monday,August 10, 2015 9:41 AM
To: English,J.Alden<aenglish @woodsrogers.com>; Andy Herrick<aherrick @albemarle.org>;Johnathan Newberry
<inewberry @albemarle.org>
Cc: Erika Castillo<ecastillo @albemarle.org>; Reback,Thayer<trebackCa@woodsrogers.com>
Subject: RE: Old Trail Park and Greenway
JT,
Let me know when the plat and deed are at the front desk and I will send someone over.
Thanks
Bill
Bill Ledbetter
Roudabush, Gale and Associates
914 Monticello Road
Charlottesville, Virginia 22902
434-977-0205 office
540-649-0190 cell
434-296-5220 fax
1
From: English, J. Alden [mailto:aenglish@woodsrogers.com]
Sent: Monday, August 10, 2015 9:39 AM
To: Andy Herrick; Bill Ledbetter; Johnathan Newberry
Cc: Erika Castillo; Reback,Thayer
Subject: RE: Old Trail Park and Greenway
Thanks, Andy. Bill's office will pick up the plat and we will record it. -Alden
From: Andy Herrick [mailto:aherrick@albemarle.orq]
Sent: Monday, August 10, 2015 9:37 AM
To: English, J. Alden; Bill Ledbetter; Johnathan Newberry
Cc: Erika Castillo; Reback, Thayer
Subject: RE: Old Trail Park and Greenway
Alden,
If you'd like to handle recordation, that's fine with me. Thanks for the offer.
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: English,J.Alden [mailto:aenglish @woodsrogers.com]
Sent: Monday,August 10,2015 9:35 AM
To:Andy Herrick<aherrick @albemarle.org>; Bill Ledbetter<BLedbetter @roudabush.com>;Johnathan Newberry
<jnewberry @albemarle.org>
Cc: Erika Castillo<ecastillo@albemarle.org>; Reback,Thayer<treback @woodsrogers.com>
Subject: RE: Old Trail Park and Greenway
Andy,
I'm back in the office and am happy to discuss this with you if needed. My office is happy to record the deed of
exchange and the plat. If agreeable to the County, we will advance the recording fee on behalf of our client March
Mountain Properties.
-Alden
J. Alden English
Woods Rogers PLC
123 East Main Street, 5th Floor Charlottesville, VA 22902
P (434) 220-5680 I (434) 220-5687
aenglish(c)woodsrogers.com www.woodsrogers.com
From: Andy Herrick [mailto:aherrick@albemarle.orq]
Sent: Monday, August 10, 2015 9:33 AM
To: Bill Ledbetter; Johnathan Newberry
2
Cc: Erika Castillo; English, J. Alden; Lack,Thayer
Subject: RE: Old Trail Park and Greenway
Gentlemen,
I understand that the plat as printed is a recordable size with the clerk's office,but only with a recording
fee. That's why we're requesting the reduced copies - not for our own records, but to eliminate the recording
fee. 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: Bill Ledbetter fmailto:BLedbetter @roudabush.com]
Sent: Monday,August 10, 2015 9:29 AM
To:Johnathan Newberry<inewberry @albemarle.org>; Andy Herrick<aherrick @albemarle.org>
Cc: Erika Castillo<ecastillo @albemarle.org>;J.Alden English (aenglish @woodsrogers.com)
<aenglish @woodsrogers.com>;Thayer Reback(treback @woodsrogers.com)<treback @woodsrogers.com>
Subject: RE: Old Trail Park and Greenway
JT and Andy,
Just to be clear, the plat as printed is a recordable size with the clerk's office.
Thanks
Bill
Bill Ledbetter
Roudabush, Gale and Associates
914 Monticello Road
Charlottesville, Virginia 22902
434-977-0205 office
540-649-0190 cell
434-296-5220 fax
From: Johnathan Newberry [mailto:jnewberry@albemarle.orq]
Sent: Monday, August 10, 2015 9:01 AM
To: Andy Herrick
Cc: Erika Castillo; Bill Ledbetter
Subject: FW: Old Trail Park and Greenway
Good morning,Andy,
I requested a recordable size of the plat from the surveyor, but they would prefer to record it and give us copies back. Is
the County agreeable or should I request a recordable size again?
Thanks,
3
J.T. Now
From: Bill Ledbetter fmailto:BLedbetter @roudabush.com]
Sent: Monday,August 10, 2015 7:58 AM
To:Johnathan Newberry<inewberry @albemarle.org>
Subject: RE:Old Trail Park and Greenway
JT,
We will be by later this morning to pick up the plat and deed.
We will take care of the recordation.
I will get copies back to you.
Bill Ledbetter
Roudabush, Gale and Associates
914 Monticello Road
Charlottesville, Virginia 22902
434-977-0205 office
540-649-0190 cell
434-296-5220 fax
From: Bill Ledbetter [mailto:BLedbetter @roudabush.com]
Sent:Saturday,August 08, 2015 1:32 AM
To:Johnathan Newberry<jnewberry @albemarle.org>
Subject: Re: Old Trail Park and Greenway
JT
The plat as is it is drawn is at a recordable size. We will take care of the recordation and send copies.
Bill
Bill Ledbetter
Sent from my iPad
On Aug 7, 2015, at 3:28 PM,Johnathan Newberry<inewberry @albemarle.org>wrote:
Hey Bill,
The plat and deed have now been signed.
Please also see the message from the County Attorney's office below. Does this make sense to
you? They would like to record the plat and are requesting a reduced copy that is a recordable size.
I can make the signed plat available for pick-up. Would you then please return a reduced plat for
recordation?
Thanks,
J.T.
4
From:Andy Herrick
Sent: Friday,August 07, 2015 3:05 PM
To:Johnathan Newberry<inewberry @albemarle.org>
Cc: Erika Castillo<ecastillo @albemarle.org>
Subject: RE: Old Trail Park and Greenway
J.T.,
The County Attorney and County Executive have now signed the deed and plat for the Old
Trail Greenway exchange. The plat should now be ready for your final approval. Once all the
signatures are on the final plat, we'll need to have it reduced from its current 22"x17" to a
recordable size. I'll defer to Erika if you have specific questions about that.
Otherwise, I'll leave the original signed documents for you to pick up at your
convenience. Let us know when everything is ready for recordation. 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:Johnathan Newberry
Sent:Wednesday,August 05, 2015 6:51 PM
To:Andy Herrick<aherrick @albemarle.org>
Subject: RE: Old Trail Park and Greenway
Andy,
FYI:The Board voted to approve this BLA at their meeting tonight.
Can I confirm with you the process from here?
1. The County Executive will sign the deeds.
2. I'll come to your office to pick-up the deeds and plat.
3. I'll coordinate the signature on the plat.
4. I'll notify the plat is ready for pick-up.
Does that sound good to you?
Thanks,
J.T.
From:Andy Herrick
Sent:Wednesday,July 15, 2015 8:54 AM
To:Johnathan Newberry<inewberry @albemarle.org>
Subject: RE: Old Trail Park and Greenway
J.T.,
5
Thanks for the heacY'T -`up. In fact, the Board of Supervisors ha' et to even give final
approval to this exchange. The Board only approved advertising the proposed exchange for public
hearing on August 5. Only if/when the Board approves following that public hearing can the
County Executive sign the deed and plat. Thanks for keeping me posted.
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:Johnathan Newberry
Sent:Tuesday,July 14, 2015 4:27 PM
To:Andy Herrick
Subject: RE: Old Trail Park and Greenway
Hey Andy,
The applicant has informed me that they plan to submit the plat for signature sometime this afternoon
or tomorrow. I'll remind them that we'll need some time to coordinate Tom Foley's signature on the
deed before we can sign the plat.
Just wanted to give you a heads up.
Thanks,
J.T.
From:Andy Herrick
Sent:Tuesday,June 23,2015 11:11 AM
To: English,J.Alden
Subject: RE: Old Trail Park and Greenway
Alden,
Thanks. For the most part,your proposed revisions look good to us. I had only one
correction and one other comment. In the small type at the very top, please note that the correct
parcel numbers are: 055E0-01-00-000A1 and 055E0-O1-00-000HO. Also, before finalizing these
documents for signature, please remember to add a"last revised" date to both the plat and the
deed.
Otherwise, as far as I'm concerned,we should be good to go for the Board's initial
consideration on July 8. 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.
6
Niue
From: English,J.Alden [mailto:aenglish @woodsrogers.com]
Sent: Monday,June 22,2015 11:11 AM
To:Andy Herrick
Cc: Dave Brockman (dave @oldtrailvillage.com); Bill Ledbetter(BLedbetter @roudabush.com); Reback,
Thayer
Subject: RE: Old Trail Park and Greenway
Andy,
The revised deed and plat are attached. -Alden
From: Andy Herrick [mailto:aherrick@albemarle.orq]
Sent: Saturday, June 20, 2015 4:19 PM
To: English, J. Alden
Subject: RE: Old Trail Park and Greenway
Alden,
Great. Just let us know when the plat is ready. 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: English,J.Alden [mailto:aenglish @woodsrogers.coml
Sent:Saturday,June 20, 2015 4:12 PM
To:Andy Herrick
Cc: Dave Brockman; Bill Ledbetter; Reback,Thayer
Subject: Re: Old Trail Park and Greenway
Thanks,Andy.Those edits work for us. We will revise the play accordingly.
-Alden
Sent from my iPhone
On Jun 20, 2015, at 2:38 PM,Andy Herrick<aherrick @albemarle.org>wrote:
Alden,
Thanks for your response. I suspected that March Mountain wasn't looking
for an unlimited construction access easement, but I didn't think that the original
language was entirely clear. Your revised language is certainly an improvement. I'd
suggest simplifying the language of those two clauses even further to read: "to grade,
construct, maintain, repair, replace and extend trails comprising the County of
Albemarle,Virginia greenway trail system, as well as stormwater management
facilities needed to construct said trail system and as needed for the development of
the adjacent Old Trail subdivision development area in accordance with ZMA-
7
2004-024, as proffer`ra and amended." Let me know if there s any need to retain
that intervening"needed to construct said trail system and as needed for the
development of the adjacent Old Trail subdivision development area." Otherwise,
the rest of the revisions looked good to me. Let's remember to revise the
corresponding note on the plat as well.
Also, by way of update, the Old Trail item on the Board's July 8 agenda will
be for the Board to decide whether to set a public hearing to authorize this
exchange. The public hearing would then be set for the Board's following meeting,
on August 5.
Again, since I'll be out for a couple weeks after Tuesday, please let me
know before then of any questions or concerns. 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: English,J.Alden [mailto:aenglish @woodsrogers.com]
Sent: Friday,June 19, 2015 12:49 PM
To:Andy Herrick
Cc: Dave Brockman (dave @oldtrailvillage.com); Bill Ledbetter
(BLedbetter @roudabush.com)
Subject: RE: Old Trail Park and Greenway
Andy,
A revised version of the deed and a redline are attached incorporating your edits and
attempting to address your questions and concerns. Since stormwater will run from the
Old Trail development area to the Greenway,we need to include that concept in the
stormwater management language in the easement. We aren't trying to get a blanket
construction easement over the Greenway. I tweaked the language, but I'm happy to
discuss this with you and to make additional changes as needed. -Alden
From: Andy Herrick [mailto:aherrick@lalbemarle.orq]
Sent:Thursday, June 18, 2015 4:31 PM
To: English, J. Alden
Subject: RE: Old Trail Park and Greenway
Alden,
Have you had a chance to review the language of the proposed Old Trail
Greenway exchange? We'd like to take this proposal to the Board of Supervisors
for approval on July 8. However, after next Tuesday, I'll be out of the office for a
couple of weeks. It would certainly help if we could have agreed language by next
Tuesday. Let me know if/when you've had a chance to review. Thanks.
Andy Herrick
8
Sr. Asst. County At`n ney
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: English,J. Alden [mailto:aenglish @woodsrogers.com]
Sent: Monday,June 01, 2015 11:30 AM
To:Andy Herrick
Subject: RE: Old Trail Park and Greenway
Thanks, Andy. I'll discuss this with my client and get back to you as soon as I can. -Alden
From: Andy Herrick [mailto:aherrick@talbemarle.orq]
Sent: Monday, June 01, 2015 11:26 AM
To: English, J. Alden
Subject: RE: Old Trail Park and Greenway
Alden,
Thanks for your messages. I apologize for the delay in my response.
For the most part, the proposed deed to the County looked good to me. I
did have a few suggested revisions (attached) and one concern. Specifically,we're
concerned about the part of the retained easements that would give March
Mountain continued access to either Parcel B or any other part of the Greenway
"as needed for the development of the adjacent Old Trail subdivision." Though
perhaps not intended, that language would seem to allow unlimited construction
equipment to cross the County Greenway. Could you clarify the intent of that
language and perhaps suggest alternate language to preclude that scenario?
Otherwise, I had only a few other minor suggestions for the proposed deed.
County staff is in the process of reviewing the proposed plat, and preparing
a staff memo for presentation to the July 1 Board of Supervisors meeting. We'll
continue to keep you posted.
Let us know if/when you'd like to discuss the proposed deed. 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: English,J.Alden [mailto:aenglish @woodsrogers.com]
Sent:Wednesday, May 06,2015 11:21 AM
To:Andy Herrick
Cc: Dave Brockman (dave @oldtrailvillage.com); Bill Ledbetter
9
(BLedbetter @roudabtfsh.com); Reback,Thayer '"r
Subject: RE: Old Trail Park and Greenway
Andy,
I'm following-up on my email below. Attached is the plat that is being submitted to the
County this week by the surveyor. Only the date on the plat has changed. -Alden
From: English, J. Alden
Sent:Tuesday, April 28, 2015 10:39 AM
To: 'Andy Herrick'
Cc: Dave Brockman (dave @oldtrailvillage.com); Bill Ledbetter
(BLedbetter @roudabush.com); Reback, Thayer
Subject: RE: Old Trail Park and Greenway
Andy,
The revised plat and a draft deed of exchange are attached for review and
comment. The revised plat shows the entirety of Greenway Area#3 and the requested
easements are limited to Area#3 for the purposes of this plat. I'm happy to discuss this
with you. -Alden
From: Andy Herrick [mailto:aherrick @albemarle.orq]
Sent: Monday, April 06, 2015 11:59 AM
To: English, J. Alden
Subject: RE: Old Trail Park and Greenway
Alden,
I enjoyed speaking with you this morning. If I understand correctly, the
developer is working directly with Parks&Rec staff on the design of future
improvements to Old Trail Park. As we discussed, as long as the developer and
County staff continued to be in agreement on design issues, our office really doesn't
need to be involved until a proposed deed and plat (of all easements) is ready for
the Board of Supervisors' review and approval.
Let me know if you'd like to discuss further at this point. Otherwise, I'll
assume that everyone is in general agreement, and will wait until the documents
need final review and approval. 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: English, J. Alden [mailto:aenglish @woodsrogers.com]
Sent: Monday, April 06, 2015 9:16 AM
To: Andy Herrick
Cc: Dave Brockman (dave @oldtrailvillage.com); Bill Ledbetter
10
(BLedbetterCaroudabFi.com)
Subject: RE: Old Trail Park and Greenway
Thanks,Andy. The easements aren't yet depicted on a plat. That's partly why we would
like to meet with you. The concept is stated in Notes 9 and 10 of the plat attached to
my prior email. I'm going to be out of town Wed.through Fri. of this week. Could we
try to schedule a meeting for next week? I'm happy to discuss this with you today or
tomorrow. -Alden
From: Andy Herrick [mailto:aherrickc albemarle.orq]
Sent: Monday, April 06, 2015 9:09 AM
To: English, J. Alden
Subject: RE: Old Trail Park and Greenway
Alden,
Thanks for your message,which arrived while I was out early last
week. Could you clarify the location of the additional proposed drainage and utility
easements affecting the Old Trail Park and Greenway? I didn't see those
easements on the plat that you had sent previously. 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: English, J. Alden [mailto:aenglishCa�woodsrogers.com]
Sent: Tuesday, March 31, 2015 8:37 AM
To: Andy Herrick
Cc: Dave Brockman (daveCloldtrailvillage.com); Bill Ledbetter
(BLedbetter(lroudabush.com)
Subject: Old Trail Park and Greenway
Andy,
I've been asked by March Mountain Properties, L.L.C.to contact you to see if we can
schedule a meeting to discuss the attached boundary line adjustment plat and
additional proposed drainage and utility easements affecting the Old Trail Park and
Greenway. Dave Brockman and Bill Ledbetter,who are copied here, have already met
with the County Parks Dept.and it was suggested that we schedule a meeting similar to
the one we had to discuss the temporary construction easements on the Park parcel. Is
there a convenient time that I could give you a call this week and then maybe we can
get a meeting at your office on the calendar with the appropriate County departments
represented? Thanks. -Alden
J.Alden English
aenglishewoodsrogers.com
(434)220-5680
Fax: (434)220-5687
11
Woods Rogers PLC
123 East Main Street, 5th Floor
P.O. Box 2496
Charlottesville,VA 22902
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