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HomeMy WebLinkAboutSUB201500138 Review Comments 2016-05-24Short Review Comments Report for: SUB201500138 SubApplication Type: Rivanna Village - Easement Plat Easement Plat Date Completed:09/18/2015 Reviewer:Christopher Perez CD Review Status:Requested Changes Reviews Comments: Division: Date Completed:08/31/2015 Reviewer:John Anderson Engineering Review Status:Requested Changes Reviews Comments:Show steep slopes if and wherever they occur within proposed easements. Division: Date Completed:09/11/2015 Reviewer:Robbie Gilmer Fire Rescue Review Status:No Objection Reviews Comments:Based on plat dated 7/30/15 No comments or objections. Division: Date Completed:09/21/2015 Reviewer:Alexander Morrison ACSA Review Status:Requested Changes Reviews Comments:• Show the existing ACSA waterline and water storage tank easement and callout the deed book and page (DB 4597 PG 747). • Show the existing landscaping easement and callout the deed book and page (DB 4593 PG 303). • Revise the proposed 20’ easements in the NE corner of the lot so they do not encroach into the existing ACSA waterline and water storage tank easement. • Revise the proposed 60’ easement in the S corner of the lot so it does not encroach into the existing ACSA waterline and water storage tank easement. Division: Date Completed:08/31/2015 Reviewer:John Anderson Engineering Review Status:No Objection Reviews Comments:Revised Easement Plat attached to email, 8/31/2015 8:13 AM, addresses review comment. Division: Date Completed:09/23/2015 Reviewer:John Anderson Engineering Review Status:No Objection Reviews Comments: Division: Date Completed:10/03/2015 Reviewer:Robbie Gilmer Fire Rescue Review Status:No Objection Reviews Comments:Based on plans dated 9/21/15. No comments or objections. Division: Page: 1 of 2 County of Albemarle Printed On: May 24, 2016 Date Completed:10/13/2015 Reviewer:Alexander Morrison ACSA Review Status:Approved Reviews Comments: Division: Date Completed:09/23/2015 Reviewer:Christopher Perez CD Review Status:See Recommendations Reviews Comments: Division: Date Completed:02/03/2016 Reviewer:Christopher Perez CD Review Status:No Objection Reviews Comments: From: Christopher Perez Sent: Wednesday, February 03, 2016 2:08 PM To: 'David Jordan' <DJordan@roudabush.com> Cc: Bill Ledbetter <BLedbetter@roudabush.com>; Alan Franklin, PE <alan@alanfranklinpe.com> Subject: SUB201500138 Rivanna Village – Easements David, SUB201500138 Rivanna Village – Easements I have received approval from Alex Morrison on behalf of Jeremy Lynn for the Feb 2, 2016 revised plat. All platting items have been addressed. Prior to approval of the plat the BOS shall hear the item and the County Attorney shall sign off on all legal docs for the proposal. I have forwarded the revised plat to the County Attorney for his use in the review of the legal documents. 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 Division: Date Completed:02/03/2016 Reviewer:Alexander Morrison ACSA Review Status:Approved Reviews Comments: Division: Date Completed:05/24/2016 Reviewer:Christopher Perez CD Review Status:Approved Reviews Comments: Division: Page: 2 of 2 County of Albemarle Printed On: May 24, 2016 Nikw Christopher Perez From: David Jordan <DJordan@roudabush.com> Sent: Tuesday, September 22, 2015 10:03 AM To: Christopher Perez Cc: Bill Ledbetter; Alan Franklin, PE; John Anderson Subject: RE: SUB2015-138 Rivanna Village—Easement Plat Attachments: Exhibit-FirehouseEasements.pdf; 387-ERVFC-ESMT-9-22-2015.pdf Christopher, Thank you for providing me with comments for the East Rivanna Volunteer Fire Department Easement Plat. Please find attached pdfs of the plat with comments addressed and the exhibit drawing. Below, I offer responses to the following comments: 1. [Comment]It would be extremely helpful if the applicant would provide an exhibit separate from the plat which would show all proposed improvements which will be located in the proposed easements to assure each is necessary and that the extent of the easements are sufficient. Please provide this with the resubmittal. • An Exhibit Drawing from the engineer has been provided. 2. [14-303(0)]Signature panels. The property is owned by two parties: "The County of Albemarle"and "East Rivanna Volunteer Fire Co Inc". As such, there should be two separate signature lines provided with two separate notary statements, as these two owners will be signing in the presence of a notary separately. When revising to provide "The County of Albemarle"as a signer and assure "The County Executive (Thomas C. Foley)"is listed as the signer. Also please assure you leave one of the signature/ plat approval lines for the "County of Albemarle, Board of Supervisors, Designated Agent", which you correctly provided that on the plat. This will be used by the Subdivision Agent to approve the plat. 3. [14-302(A)]Assure the title of the plat provides reference to the "The County of Albemarle"as an owner too. Currently the plat only notes that the TMP is Property of East Rivanna Volunteer Fire Co Inc.Also, when the title is revised assure the Statement of Consent to Division is revised to include the County as an owner also. • Two owner signature blocks and two notary public blocks have been added to the plat. County Albemarle and Thomas C.Foley,County Executive have been listed under the owner's signat e and in the notary. 4. [14-302(B)(5)]Zoning classification. On sheet one please revise the zoning of the property to the following: "Neighborhood Model District(NMD)with a code of development and proffers associated from ZMA2001-8 and ZMA2013-12 and this property is within an Entrance Corridor(EC). " • The zoning note has been revised to read as "Neighborhood Model District(NMD)with a code of development and proffers associated from ZMA2001-8 and ZMA2013-12 and this property is whin an Entrance Corridor(EC)." 5. [14-302(A)]Public easements. All existing public easements shall be dimensioned and labeled with deed book and page number and the name of the public owner. There are numerous easements on this property. Specifically there is a large ACSA easement in the same location as the proposed "New 20' conservation, grading, drainage, landscaping easement". Also there is another ACSA easement depicted adjacent to Steamer Drive. The plat where these easements and a couple others were recorded can be found in DB4597-747(see attached). Please assure that information is provided on the plat. • The ACSA Easements recorded in DB 4593 PG 286-293,DB 4593 PG 294-302,DB 4593 PG 303- 5 have been added to the plat. 6. [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. • A note stating that there is no knowledge of any burial cemeteries,grave markers or burial plots exist on the subject property has been added. 7. [14-302(B)(7)]Reservoir watershed. On the plat revise the Reservoir Watershed note, as the Middle 1 Noe Rivanna Water Supply Watershed is not within a reservoir watershed. See the attached watershed map ' Revise the note to state: "The property is not within a reservoir watershed". • The note has been revised to read as"This site lies within a water supply protection ea and specifically is within the Middle Rivanna Water Supply Watershed. The sit does not lie within eservoir Watershed. 8. [14-303(D)]Acreage of lots. Provide the acreage of the parcel. 'i • Acreage was listed in the first submission as 6.001 acres. . 9. [Comment]Planning staff has sent the plat to the County Attorney for review/approval, comments will be provided to the applicant once received. County Attorney review/approval is required prior to plat approval. • Acknowledged. ` 10. [Comment]Planning staff does not believe the plat can be approved until the Board of Supervisors holds a public hearing which allows them to sign off on granting the easement to Rivanna Village; however, Planning staff is seeking guidance from the County Attorney's office as it is understood that the Board already reviewed and approved the rezonings ZMA2001-8 and ZMA2013-12 and that may be sufficient. Pending County Attorney review. • Acknowledged. 11. [Comment]County Engineering staff provided comments directly to the applicant, which were addressed in the PDF submittal. Planning staff has forgone review of the initial submittal and has also reviewed the PDF submittal, the above comments are on such plat. • Acknowledged. 12. [Comment]Alex Morrison of ACSA has been provided the plat as many of the easements are proposed , over their existing easements. Comments have not been provided by ACSA but are pending. • Acknowledged. 13. [Comment]Robbie Gilmer of Fire and Rescue has no objections to the proposed plat. • Acknowledged. ACSA Comments: • Sh the existing ACSA waterline and water storage tank easement and callout the deed book and page(DB 597 PG 747). ■ The Water Storage Tank Easement has been added. • Show the existing landscaping easement and callout the deed book and page(DB 4593 PG 303). • The landscape easement has been added. • Revise the proposed 20'easements in the NE corner of the lot so they do not encroach into the existing ACSA waterline and water storage tank easement. • The 20'Easement has been trimmed to the existing easement. • Revise the proposed 60'easement in the S corner of the lot so it does not encroach into the existing ACSA waterline and water storage tank easement. • The 60' Easement has been trimmed to the existing easement. David Jordan Roudabush Gale & Associates, Inc. 914 Monticello Road Charlottesville, Virginia 22902 434-977-0205 540-333-2280 From: Christopher Perez [mailto:cperez@albemarle.org] Sent: Monday, September 21, 2015 9:38 AM To: David Jordan 2 Now Cc: Bill Ledbetter; Alan Franklin, PE; John Anderson Subject: RE: SUB2015-138 Rivanna Village— Easement Plat David, ACSA provided their comments on the plat today,they are as follows: • Show the existing ACSA waterline and water storage tank easement and callout the deed book and page (DB 4597 PG 747). • Show the existing landscaping easement and callout the deed book and page (DB 4593 PG 303). • Revise the proposed 20' easements in the NE corner of the lot so they do not encroach into the existing ACSA waterline and water storage tank easement. • Revise the proposed 60' easement in the S corner of the lot so it does not encroach into the existing ACSA waterline and water storage tank easement. Christopher P.Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From:Christopher Perez Sent: Friday, September 18, 2015 1:25 PM To: 'David Jordan'<DJordan@roudabush.com> Cc: Bill Ledbetter<BLedbetter@roudabush.com>; 'Alan Franklin, PE'<alan@alanfranklinpe.com>;John Anderson <janderson2@albemarle.org> Subject:SUB2015-138 Rivanna Village—Easement Plat David, SUB2015-138 Rivanna Village—Easement Plat Attached comments for the above mentioned plat are provided. Christopher P.Perez 1 Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 3 Christopher Perez From: Christopher Perez Sent: Monday, September 21, 2015 9:38 AM To: 'David Jordan' Cc: 'Bill Ledbetter; 'Alan Franklin, PE'; John Anderson Subject: RE: SUB2015-138 Rivanna Village— Easement Plat David, ACSA provided their comments on the plat today, they are as follows: • Show the existing ACSA waterline and water storage tank easement and callout the deed book and page (DB 4597 PG 747). • Show the existing landscaping easement and callout the deed book and page (DB 4593 PG 303). • Revise the proposed 20' easements in the NE corner of the lot so they do not encroach into the existing ACSA waterline and water storage tank easement. • Revise the proposed 60' easement in the S corner of the lot so it does not encroach into the existing ACSA waterline and water storage tank easement. Christopher P. Perez[Senior Planner Department ofConnunit\ I)e'elopment r(ount\ of Albemarle. Virginia 401 Mclnlire Road l Charlottes\ills. VA 229(12 434.296.5832 e\t.3443 From: Christopher Perez Sent: Friday,September 18, 2015 1:25 PM To: 'David Jordan' <DJordan@roudabush.com> Cc: Bill Ledbetter<BLedbetter@roudabush.com>; 'Alan Franklin, PE'<alan@alanfranklinpe.com>;John Anderson <janderson2@albemarle.org> Subject:SUB2015-138 Rivanna Village—Easement Plat David, SUB2015-138 Rivanna Village—Easement Plat Attached comments for the above mentioned plat are provided. Christopher P. Perez Senior Planner Department of(ommunit) I)e\elopmenl lCounl\ of Albemarle. Virginia 401 M1elnlire Road Charlottes\ille. VA 22902 434.296. 832 e\t. 3443 1 Christopher Perez From: Christopher Perez Sent: Wednesday, October 07, 2015 9:05 AM To: Andy Herrick Cc: Megan Yaniglos Subject: SUB2015-138 Rivanna Village—Easement Plat Attachments: 2nd Transmittal to County Attorney 9-23-15.doc; Transmittal to County Attorney 8-24-15.doc; SUB2015-138 Easement plat revised 9-21-15.pdf; Schematic from applicant on the improvements to be placed in these easements.pdf Andy, SUB2015-138 Rivanna Village—Easement Plat 1 just spoke to Megan and she said she spoke to you this AM on the phone; however, I had been tt•riting the email below earlier this AM and want to send it to you to have something in the.file, it essentially says the same thing you and her spoke of on the phone. Attached I am providing you the two transmittal letters I sent to Greg Kamptner on this easement plat requesting guidance/review(8-24-15 and 9-23-15). Have you seen these letters? Is Greg no longer working on this item, has it been reassigned to you? To answer your questions about the proffers, the only proffer that speaks to these easements is proffer#5: (un+truituru of ieam:r Dri1e Inoprmement,:?.,.!t+t t.•i , , :t +.:i'. 'e:5:11, tl i rf> ?U:l,',• 1.'311..o_' ;d!.-Ill r..r d' rdR'i t)tl i tt.tat. .,ii ',+' i K'' '.L ••!. .,1_ .. ,.,.::.... :t: :nL .:r: .._ r.cr. .r',..1 .., I: }`r r I; t .!.r!', ., .,,i r' ,:ii .I ,.,'! . .. �t':+i . : '.a !. tI h: 1: 5!.7777..-,1:. ,t.;.:°n:° :r-. . This is the same proffer from the earlier rezoning on this parcel. As to the past agreements and discussions on these easements. I have spoken to Megan Yaniglos, the planner who reviewed the rezoning, and she recalls those agreements/discussions were primarily between Rivanna Village and the East Rivanna Fire Station, the County was not directly involved in such negotiations as whatever East Rivanna Fire Station was willing to accept the County would go along as the improvements we to benefit the Fire Station. Evidently the agreements allow them to upgrade their facility to be put on Public Water and Sewer during phase 1 of the development, as currently there were on well and septic system, whe without such agreements they would not be able to obtain these upgrades. I've reviewed the rezoning file (ZMA2013-12) in great detail and see no documentation of such agreeme! other than Proffer#5. Notably one of the illustrative plans in the rezoning file has a note on it in referenc fire station lot which reads: "proposed path—assuming an agreement between the applicant and ERVFat regarding route, maintenance, and liability issues. Final location to be determined at time of site plan/ review. 1 Megan suggests that Valarie Long (applicant's legal advisor) or Andrew Boninti (applicant) may have copies of • such agreements, and that the East Rivanna Fire Department should be involved in reviewing these documents to assure everything they previously agreed to is being taken care of. Would you like me to contact Valarie Long and try and get the agreements? Give me a call if you have additional questions. Also, the plat attached to the legal documents is no longer the latest and greatest version. The easement size and locations and the plat have been revised per County Planning, Fire and Rescue(Robbie Gilmer), Engineering, and ACSA comments (pending ACSA review/approval of this version), all other reviewers reviewed it and had no platting objections. Christopher P. Perez 1 Senior Planner Department of Community Development 1County of Albemarle. Virginia 400 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From:Andy Herrick Sent:Tuesday,October 06, 2015 10:12 AM To: Christopher Perez<cperez@albemarle.org> Subject: FW: East Rivanna Chris, Arc you familiar with tlic proffers for Rivanna Village, specifically regarding the East Rivanna lire station? Who could best address whether these proposed documents accurately reflect past discussions and agreements? TI tanks. 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 receised this by mistake. 'Thank you. From: Richard Carter[mailto:RCarter@zmc-Iaw.com] Sent:Tuesday, September 22, 2015 5:00 PM To:Andy Herrick<aherrick@albemarle.org> Subject: East Rivanna Andy Attached is the paperwork about which we spoke. Please review and give me your comments. Rick Richard E. Carter 7unka, Milnor&Carter, Ltd. 1.4 Park Street irlottesville,VA 22902 34)977-0191 4) 977-0198 996-9710 LFarter@zmc-law.com ISCLAIMER 2 *or `err - The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. 3 r *III r/ . • w., rrr/ Christopher Perez From: Andy Herrick Sent: Monday, January 25, 2016 2:12 PM To: Valerie Long Cc: Richard Carter Subject: RE: Rivanna Village/ERVFC Easement Agreement Valerie, Thanks for the update. Please keep us posted. 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 arc 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Monday,January 25, 2016 1:18 PM To:Andy Herrick<aherrick@albemarle.org> Cc: Richard Carter<RCarter@zmc-law.com> Subject: RE: Rivanna Village/ ERVFC Easement Agreement [Thanks to you both. We were fine with your revisions to the documents, but then the ACSA made revisions to the plat 4 to reflect some easements they had, but that created conflicts with easements our team needed. I'm trying to get an update on the outcome of that—our surveyor was going to work with the ACSA to reconcile the issue. I'll find out where things are. Thanks Valerie Long Williams Mullen 434.951.5709 From: Andy Herrick [mailto:aherrick@ albemarle.orq] Sent: Friday, January 22, 2016 11:22 AM To: Long, Valerie Cc: Richard Carter Subject: RE: Rivanna Village/ ERVFC Easement Agreement Valerie, Are the proposed revisions also acceptable to your client? If I read the deed correctly, these documents originated with you. If the proposed revisions are acceptable, would you like to revise, print, and begin circulating for signatures on your end? Let us know how/when you'd like to proceed. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 1 Notice: This email may contain attorney-clienttpprivileged 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: Richard Carter[mailto:RCarter@zmc-law.com] Sent:Thursday,January 21, 2016 1:52 PM To:Andy Herrick<aherrick@albemarle.org>;Valerie Long<vlong@williamsmullen.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement The easement is fine with me. Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P (434)977-0191 F(434)977-0198 C(434)996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From:Andy Herrick [mailto:aherrick@albemarle.org] Sent:Thursday,January 21, 2016 11:11 AM To:Valerie Long<vlong@williamsmullen.com>; Richard Carter<RCarter@zmc-law.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement Counsel, Have you had a chance to review and/or revise the Rivanna Village/ ERVFC Easement documents? Let us 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:Andy Herrick Sent: Monday,October 12, 2015 10:26 AM To: Long,Valerie<vlong@williamsmullen.com>; Richard Carter<RCarter@zmc-law.com> Cc: Larry Davis<LDavis@albemarle.org>;Jim Bowling<jmb@stlawva.com> Subject: RE: Rivanna Village/ ERVFC Easement Agreement 2 a orf Counsel, Thanks for providing these proposed documents. As you may know, the County also recently conveyed separate easements to the ACSA. In reviewing your proposed documents,we consulted with ACSA counsel Jim Bowling to ensure that the present proposed easements did not conflict with the ACSA's easements. In response, Jim provided us with the attached plat, which he indicates is acceptable to the ACSA. Once the proposed easement documents reference the attached plat (last revised September 21, 201.5), we had only minor revisions to the proposed easement documents (attached). As you may know, the County's conveyance of these easements will require a public hearing. I.et us know when you are ready for us to schedule that public hearing. 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 infomiation. 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday,October 6, 2015 12:31 PM To: Richard Carter<RCarter@zmc-law.com>;Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village/ERVFC Easement Agreement Megan Yaniglos handled the rezoning amendment review last year, and Chris Perez is the Planner handing the site plan review now. Greg Kamptner was obviously involved as well during the review of the rezoning amendment. Thanks and please let me know if you need any additional information. Valerie Valerie Long Williams Mullen 434.951.5709 From: Richard Carter [mailto:RCarter(azmc-law.com] Sent: Tuesday, October 06, 2015 11:55 AM To: Andy Herrick Cc: Long, Valerie Subject: RE: Rivanna Village/ ERVFC Easement Agreement Andy, I don't know but Valerie may. Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 3 'err' `w` P (434)977-0191 F (434)977-0198 C(434)996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From:Andy Herrick [mailto:aherrick@albemarle.org] Sent:Tuesday, October 06, 2015 11:53 AM To: Richard Carter<RCarter@zmc-law.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement Rick, Thanks for the reminder. I myself have reviewed the documents, but also wanted County stair to be able to do so as well. I am new to these discussions. Would you happen to know who at the County has previously been involved? Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-1067 Notice: This email may contain attorney-client privileged inibrmation,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: Richard Carter [mailto:RCarter@zmc-law.com] Sent: Monday, October 5,2015 11:55 AM To:Andy Herrick<aherrick@albemarle.org> Subject: FW: Rivanna Village/ERVFC Easement Agreement Andy Have you had a chance to review these documents? Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P (434) 977-0191 F(434)977-0198 C(434)996-9710 Email rcarter@zmc-law.com 4 / rI. *eV' LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Monday,October 05, 2015 11:31 AM To: Richard Carter<RCarter@zmc-law.com> Subject: FW: Rivanna Village/ERVFC Easement Agreement Hi Rick, I'm just checking in with you on these agreements to see if you have any comments we can address, or any other updates I can share with our client. Thanks, Valerie Valerie Long Williams Mullen 434.951.5709 From: Long, Valerie Sent: Friday, September 18, 2015 11:14 AM To: 'Richard Carter' Subject: Rivanna Village/ ERVFC Easement Agreement Rick, As per a voicemail message I left you earlier,our firm represents Rivanna Village, LLC,the developer of the Rivanna Village community near Glenmore,which is adjacent to the East Rivanna Volunteer Fire Company. During the rezoning amendment process in 2014,the parties came to a general agreement about how they would work together on easements and access for the project and for the Fire Company. I've attempted to capture those terms in an "Agreement to Grant Easements" document which is attached. And I have drafted an easement agreement to implement it, and attached the draft easement plat. I would appreciate your comments to these drafts. Let me know if you want to talk about any of the background, for I'm not sure how much you have,or if you have any questions. I've endeavored to keep it as simple as possible, but to capture all the terms. Thanks,Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlonq@williamsmullen.com www.williamsmullen.com/vIonq 5 Follow us on LinkedIn, Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. • 6 Christopher Perez From: Andy Herrick Sent: Tuesday, October 13, 2015 9:25 AM To: Christopher Perez Subject: RE: Rivanna Village/ ERVFC Easement Agreement Attachments: FW: Rivanna Village/ERVFC Easement Agreement Chris, "Thanks for your message. As for ACSA approval, based on the attached essage from ACSA's attorney, Jeremy Lynn with ACSA appears to have already reviewed and approved the .' ptenlber 21 plat. ?.4,s As for the Executive Summary and public hearing, the last time easements were conveyed oil this property (to the ACSA in 2013), Bryan Elliott prepared the Executive Summary. (Click here.) Typically, conveyances like this will go through a two-step process: 1. A consent agenda item to confirm that the Board is interested even in advertising a public hearing 2. The public hearing itself Hope that helps. I£t me know of any questions. Thanks. Andy Herrick Sr. Asst. County Attorney \oticc: This email may contain attorney-client privileged inlinntation,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 yon have received this by mistake. Thank on. From: Christopher Perez Sent:Tuesday, October 13, 2015 8:20 AM To:Andy Herrick<aherrick@albemarle.org> Subject: Rivanna Village/ ERVFC Easement Agreement Andy, SUB2015-138 Rivanna Village—Easement Plat I reviewed the legal documents you had sent over, I see no issues; however, I wit dd that the plat has one remaining reviewer who I am awaiting a final approval from before it's "appro able"; ACSA. This morning I sent an email to Alex Morrison of ACSA to see when they will have their re ew of the revised plat complete. Also, it's clear from your email below that a public hearing is truly needed prior to approving the easement plat. Who is going to write the Executive Summary/or Staff Report for this and take it to the BOS for public hearing? Would it be me, or is the County Attorney's office going to take this one through the process? Also, can this item go on consent agenda? Either way let me know. 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 'kale Nue From:Christopher Perez Sent:Tuesday,October 13, 2015 8:04 AM To: 'Alex Morrison'<amorrison@serviceauthoritv.org> Subject: FW: Rivanna Village/ERVFC Easement Agreement Alex, SUB2015-138 Rivanna Village—Easement Plat I had received your comments on the above referenced plat 9-21-15. The applicant promptly revised the plat to address all comments and I sent the revision out for review on 9-23-15. I wanted to assure this revision was on your radar as I'm still awaiting a final sign off from ACSA. Please advise on the status. Also, the County Attorney's office has been working with the developers to finalize the legal documents/ agreements that go with the easements. Attached are the legal agreements and an electronic copy of the plat. Per the email below Jim Bowling has reviewed the attached documents with regard to the ACSA easements. Christopher P. Perez Senior Planner Department of Community Development County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5532 ext. 3443 From:Andy Herrick Sent: Monday, October 12, 2015 11:24 AM To:Valerie Long<vlong@williamsmullen.com>; Richard Carter<RCarter@zmc-law.com> Cc: Larry Davis<LDavis@albemarle.org>;Jim Bowling<imb@stlawva.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement Counsel, Thanks for providing these proposed documents. As you may know, the County also recently conveyed separate easements to the ACSA. In reviewing your proposed documents,we consulted with ACSA counsel Jim Bowling to ensure that the present proposed casements did not conflict with the ACSA's casements. In response, Jim provided us with the attached plat,which he indicates is acceptable to the ACSA. ()nce the proposed easement documents reference the attached plat (last revised September 21, 2015), we had only 11111101'revisions to the proposed easement documents (riit<lched) < r z{R rte. _" n � �Z � -�#"�" # �. � ,.%.� t+ � + t �`: `3s '� " ° sw a! `- � 4 i._ thanks. 1#4!��@ F t P � r� Andy Herrick Sr. Asst. County Attorney County of Albemarle (131) 972-1067 \olive: This entail may contain atlorncy-client privileged fulmination,privileged work product,or otter confidential fulmination. It is intended onhfor the designated recipient. If you receive this message and arc not a designated recipient you are requested to delete this message immediately and notify'me that you ha c received this by mistake. Thank von. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday, October 6, 2015 12:31 PM 2 To: Richard Carter<RCarter@zmc-law.com>;Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village/ERVFC Easement Agreement _, .....� #r;� Megan Yaniglos handled the rezoning amendment review last year, - �� �� � ` � `� r ; . ` Greg Kamptner was obviously involved as well during the review of the rezoning amendment. Thanks and please let me know if you need any additional information. Valerie Valerie Long Williams Mullen 434.951.5709 From: Richard Carter [mailto:RCarter@zmc-law.com] Sent: Tuesday, October 06, 2015 11:55 AM To: Andy Herrick Cc: Long, Valerie Subject: RE: Rivanna Village/ ERVFC Easement Agreement Andy, I don't know but Valerie may. Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P(434) 977-0191 F(434)977-0198 C (434) 996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From:Andy Herrick [mailto:aherrick@albemarle.org] Sent:Tuesday, October 06, 2015 11:53 AM To: Richard Carter<RCarter@zmc-law.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement Rick, Thanks 1()r the reminder. I myself have reviewed the documents, but also wanted County stall to be able to do so as well. I am new to these discussions. Would you happen to know who at the County has previously been involved? Thanks. 3 Andy Herrick Sr. Asst. County Attorney County of Albemarle (-131) 972-1.067 Notice: This maul may contain attorney-client privileged inlinmation,privileged tyork product,or other confidential information. It is intended only for tte designated recipient. If you receive this message and are not a designated recipient you are requested to delete tins message immediately and notify me that you have received this by mistake. Thank you. From: Richard Carter [mailto:RCarter@zmc-law.com] Sent: Monday,October 5, 2015 11:55 AM To:Andy Herrick<aherrick@albemarle.org> Subject: FW: Rivanna Village/ ERVFC Easement Agreement Andy Have you had a chance to review these documents? Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P (434) 977-0191 F (434) 977-0198 C (434)996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission,dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Monday, October 05, 2015 11:31 AM To: Richard Carter<RCarter@zmc-law.com> Subject: FW: Rivanna Village/ERVFC Easement Agreement Hi Rick, I'm just checking in with you on these agreements to see if you have any comments we can address, or any other updates I can share with our client. Thanks, Valerie 4 liftpe NNW' Valerie Long Williams Mullen 434.951.5709 From: Long, Valerie Sent: Friday, September 18, 2015 11:14 AM To: 'Richard Carter' Subject: Rivanna Village/ ERVFC Easement Agreement Rick, As per a voicemail message I left you earlier, our firm represents Rivanna Village, LLC,the developer of the Rivanna Village community near Glenmore, which is adjacent to the East Rivanna Volunteer Fire Company. During the rezoning amendment process in 2014, the parties came to a general agreement about how they would work together on easements and access for the project and for the Fire Company. I've attempted to capture those terms in an "Agreement to Grant Easements" document which is attached. And I have drafted an easement agreement to implement it, and attached the draft easement plat. I would appreciate your comments to these drafts. Let me know if you want to talk about any of the background,for I'm not sure how much you have,or if you have any questions. I've endeavored to keep it as simple as possible, but to capture all the terms. Thanks,Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlong@>williamsmullen.com www.williamsmullen.com/vIonq Follow us on LinkedIn, Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 5 ti Nee w Christopher Perez From: Alex Morrison <amorrison@serviceauthority.org> Sent: Tuesday, October 13, 2015 10:59 AM To: Christopher Perez Subject: RE: Rivanna Village/ERVFC Easement Agreement Chris, Yes, this will suffice as the approval. Alexander J. Morrison, P.E. Civil Engineer Albemarle County Service Authority 168 Spotnap Road Charlottesville,Virginia 22911 (0)434-977-4511 Ext. 116 (C)434-981-5577 (F) 434-979-0698 From: Christopher Perez [mailto:cperez@albemarle.org] Sent: Tuesday, October 13, 2015 9:32 AM To: Alex Morrison Subject: RE: Rivanna Village/ ERVFC Easement Agreement Alex, SUB2015-138 Rivanna Village—Easement Plat The County Attorney's office just sent me the attached `Jeremy Lynn October 8th approval of the revised plat' see the email chain. Will this suffice to cover you? Can I go ahead and enter it into Countyview as the final review from ACSA? Or do you still need to take a look at it? Christopher P. Pere/I Senior Planner Department of Community Development'County of Albemarle.Virginia 401 McIntire Road Charlottesville,VA 22902 434296.5832 ext.3443 From:Christopher Perez Sent:Tuesday, October 13, 2015 8:04 AM To: 'Alex Morrison'<amorrison@serviceauthority.org> Subject: FW: Rivanna Village/ERVFC Easement Agreement Alex, SUB2015-138 Rivanna Village—Easement Plat I had received your comments on the above referenced plat 9-21-15. The applicant promptly revised the plat to address all comments and I sent the revision out for review on 9-23-15. I wanted to assure this revision was on 1 Atare *NO your radar as I'm still awaiting a final sign off from ACSA. Please advise on the status. Also, the County Attorney's office has been working with the developers to finalize the legal documents/ agreements that go with the easements. Attached are the legal agreements and an electronic copy of the plat. Per the email below Jim Bowling has reviewed the attached documents with regard to the ACSA easements. Christopher P. Perez 1 Senior Planner Department of-Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext. 3443 From:Andy Herrick Sent: Monday,October 12, 2015 11:24 AM To:Valerie Long<vlong@williamsmullen.com>; Richard Carter<RCarter@zmc-law.com> Cc: Larry Davis<LDavis@albemarle.org>;Jim Bowling<jmb@stlawva.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement Counsel, Thanks for providing these proposed documents. As you may know, the County also recently conveyed separate easements to the ACSA. In reviewing your proposed documents,we consulted with ACSA counsel Jim Bowling to ensure that the present proposed easements did not conflict with the ACSA's easements. In response, Jim provided us with the attached plat, which he indicates is acceptable to the ACSA. Once the proposed easement documents reference the attached plat (last revised September 21, 2015), we had only minor revisions to the proposed casement documents (attached). As you may know, the County's conveyance of these easements will require a public hearing. Let us know when you are ready for us to schedule that public hearing. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attomcy-client privileged information,privileged work product,or other confidential infomiatiou. It is intended only for the designated recipient. If you receive this message and arc 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday, October 6, 2015 12:31 PM To: Richard Carter<RCarter@zmc-law.com>; Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village/ERVFC Easement Agreement Megan Yaniglos handled the rezoning amendment review last year, and Chris Perez is the Planner handing the site plan review now. Greg Kamptner was obviously involved as well during the review of the rezoning amendment. Thanks and please let me know if you need any additional information. Valerie Valerie Long Williams Mullen 434.951.5709 2 ter° n.r From: Richard Carter [mailto:RCarter@zmc-law.com] Sent: Tuesday, October 06, 2015 11:55 AM To: Andy Herrick Cc: Long, Valerie Subject: RE: Rivanna Village/ ERVFC Easement Agreement Andy, I don't know but Valerie may. Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P (434) 977-0191 F (434)977-0198 C(434) 996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From:Andy Herrick [mailto:aherrick@albemarle.org] Sent:Tuesday, October 06, 2015 11:53 AM To: Richard Carter<RCarter@zmc-law.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement Rick, Thanks for the reminder. I myself have reviewed the documents, but also wanted County staff to be able to do so as well. I am new to these discussions. Would you happen to know who at the County has previously been involved? Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney-client privileged inlor oration,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: Richard Carter [mailto:RCarter@zmc-law.com] Sent: Monday,October 5, 2015 11:55 AM 3 litor ,101 To:Andy Herrick<aherrick@albemarle.org> Subject: FW: Rivanna Village/ERVFC Easement Agreement Andy Have you had a chance to review these documents? Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P (434)977-0191 F(434)977-0198 C(434)996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Monday,October 05, 2015 11:31 AM To: Richard Carter<RCarter@zmc-Iaw.com> Subject: FW: Rivanna Village/ERVFC Easement Agreement Hi Rick, I'm just checking in with you on these agreements to see if you have any comments we can address, or any other updates I can share with our client. Thanks, Valerie Valerie Long Williams Mullen 434.951.5709 From: Long, Valerie Sent: Friday, September 18, 2015 11:14 AM To: 'Richard Carter' Subject: Rivanna Village/ ERVFC Easement Agreement Rick, As per a voicemail message I left you earlier,our firm represents Rivanna Village, LLC,the developer of the Rivanna Village community near Glenmore,which is adjacent to the East Rivanna Volunteer Fire Company. During the rezoning 4 • Yom` *me amendment process in 2014,the parties came to a general agreement about how they would work together on easements and access for the project and for the Fire Company. I've attempted to capture those terms in an "Agreement to Grant Easements" document which is attached. And I have drafted an easement agreement to implement it, and attached the draft easement plat. I would appreciate your comments to these drafts. Let me know if you want to talk about any of the background,for I'm not sure how much you have,or if you have any questions. I've endeavored to keep it as simple as possible, but to capture all the terms. Thanks,Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlong williamsmullen.com www.williamsmullen.com/vIong Follow us on LinkedIn,Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 5 w +O 1 Christopher Perez From: Christopher Perez Sent: Tuesday, October 13, 2015 8:20 AM To: Andy Herrick Subject: Rivanna Village/ ERVFC Easement Agreement Andy, SUB2015-138 Rivanna Village—Easement Plat I reviewed the legal documents you had sent over, I see no issues; however, I will add that the plat has one remaining reviewer who I am awaiting a final approval from„before it's "approvable"; ACSA. This morning I sent an email to Alex Morrison of ACSA to see when they will have their review of the revised plat complete. Also, it's clear from your email below that a public hearing is truly needed prior to approving the easement plat. Who is going to write the Executive Summary/or Staff Report for this and take it to the BOS for public hearing? Would it be me, or is the County Attorney's office going to take this one through the process? Also, can this item go on consent agenda? Either way let me know. Christopher P. Perez_I Senior Planner Department of Community Development lCounty of Albemarle, Virginia 401 Mclntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 From:Christopher Perez Sent:Tuesday, October 13, 2015 8:04 AM To: 'Alex Morrison'<amorrison@serviceauthority.org> Subject: FW: Rivanna Village/ERVFC Easement Agreement Alex, SUB2015-138 Rivanna Village—Easement Plat I had received your comments on the above referenced plat 9-21-15. The applicant promptly revised the plat to address all comments and I sent the revision out for review on 9-23-15. I wanted to assure this revision was on your radar as I'm still awaiting a final sign off from ACSA. Please advise on the status. Also, the County Attorney's office has been working with the developers to finalize the legal documents/ agreements that go with the easements. Attached are the legal agreements and an electronic copy of the plat. Per the email below Jim Bowling has reviewed the attached documents with regard to the ACSA easements. 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:Andy Herrick Sent: Monday, October 12, 2015 11:24 AM 1 4400" Noire To:Valerie Long<vlong@williamsmullen.com>; Richard Carter<RCarter@zmc-law.com> Cc: Larry Davis<LDavis@albemarle.org>;Jim Bowling<jmb@stlawva.com> Subject: RE: Rivanna Village/ ERVFC Easement Agreement Counsel, Thanks for providing these proposed documents. As you may know, the County also recently conveyed separate easements to the ACSA. In reviewing your proposed documents,we consulted with ACSA counsel Jim Bowling to ensure thatthe present proposed easements did not conflict with the ACSA's easements. In response, Jim provided us with the attached plat,which he indicates is acceptable to the ACSA. Once the proposed easement documents reference the attached plat (last revised September 21, 2015),we had only minor revisions to the proposed easement documents (attached) ' 'Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (13 1) 972-1067 Notice: This email may contain attorney-client privileged information,privileged work product,or outer confidential information. It is intended only fur the designated recipient. If von receive this message and are not a designtated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. Thank you. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday,October 6, 2015 12:31 PM To: Richard Carter<RCarter@zmc-law.com>;Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village/ERVFC Easement Agreement Megan Yaniglos handled the rezoning amendment review last year, � � ` Greg Kamptner was obviously involved as well during the review of the rezoning amendment. Thanks and please let me know if you need any additional information. Valerie Valerie Long Williams Mullen 434.951.5709 From: Richard Carter [mailto:RCarter@zmc-law.com] Sent: Tuesday, October 06, 2015 11:55 AM To: Andy Herrick Cc: Long, Valerie Subject: RE: Rivanna Village/ ERVFC Easement Agreement Andy, I don't know but Valerie may. Rick 2 sw Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P (434) 977-0191 F(434)977-0198 C(434)996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From:Andy Herrick [mailto:aherrick@albemarle.org] Sent:Tuesday, October 06, 2015 11:53 AM To: Richard Carter<RCarter@zmc-law.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement Rick, Thanks for the reminder. I myself have reviewed the documents, but also wanted County stall to be able to do so as well. I gun new to these discussions. Would you happen to know who at the County has previously been involvedi' Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (tat) 972-1.067 Notice: This entail nen contain attorney-client privileged intro nation,privileged work product,or other confidential information. II is intended only for the designated recipient. If you receive this message and are 1101 a designated recipient you are requested to delete this message immediately and notify me that you have received this by mistake. "Thank you. From: Richard Carter [mailto:RCarter@zmc-law.com] Sent: Monday, October 5, 2015 11:55 AM To:Andy Herrick<aherrick@albemarle.org> Subject: FW: Rivanna Village/ERVFC Easement Agreement Andy Have you had a chance to review these documents? Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 3 '41imso *mg P (434)977-0191 F (434)977-0198 C(434)996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Monday, October 05, 2015 11:31 AM To: Richard Carter<RCarter@zmc-law.com> Subject: FW: Rivanna Village/ERVFC Easement Agreement Hi Rick, I'm just checking in with you on these agreements to see if you have any comments we can address, or any other updates I can share with our client. Thanks, Valerie Valerie Long Williams Mullen 434.951.5709 From: Long, Valerie Sent: Friday, September 18, 2015 11:14 AM To: 'Richard Carter' Subject: Rivanna Village/ ERVFC Easement Agreement Rick, As per a voicemail message I left you earlier,our firm represents Rivanna Village, LLC,the developer of the Rivanna Village community near Glenmore,which is adjacent to the East Rivanna Volunteer Fire Company. During the rezoning amendment process in 2014,the parties came to a general agreement about how they would work together on easements and access for the project and for the Fire Company. I've attempted to capture those terms in an "Agreement to Grant Easements" document which is attached. And I have drafted an easement agreement to implement it, and attached the draft easement plat. I would appreciate your comments to these drafts. Let me know if you want to talk about any of the background,for I'm not sure how much you have,or if you have any questions. I've endeavored to keep it as simple as possible, but to capture all the terms. Thanks,Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 4 harlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlonq@williamsmullen.com www.williamsmullen.com/vIonq Follow us on Linkedln, Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 5 a • Christopher Perez From: Andy Herrick Sent: Monday, October 12, 2015 11:24 AM To: Valerie Long; Richard Carter Cc: Larry Davis; Jim Bowling Subject: RE: Rivanna Village/ ERVFC Easement Agreement Attachments: 387-ERVFC-ESMT-9-22-2015.pdf; Rivanna Village- Easement Agreement-County edits.DOC; Rivanna Village LLC_ERVFC -Agreement to Grant Easements -County edits.DOC Counsel, Thanks for providing these proposed documents. As you may know, the County also recently conveyed separate casements to the ACSA. In reviewing your proposed documents, we consulted with ACSA counsel Jim Bowling to ensure that the present proposed easements did not conflict with the ACSA's casements. In response, Jim provided us with the attached plat, which he indicates is acceptable to the ACSA. Once the proposed casement documents reference the attached plat (last revised September 21, 2015), we had only minor revisions to the proposed easement documents (attached). As you may know, the County's conveyance of these casements will require a public hearing. Let us know when you are ready fin' us to schedule that public hearing. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (13i) 972--1067 Notice: This email may contain attorney-client privileged inhumation,privileged work product,or other confidential inhumation. II 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 notily me that you have received this by mistake. Thank you. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday, October 6, 2015 12:31 PM To: Richard Carter<RCarter@zmc-law.com>; Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village/ERVFC Easement Agreement Megan Yaniglos handled the rezoning amendment review last year, and Chris Perez is the Planner handing the site plan review now. Greg Kamptner was obviously involved as well during the review of the rezoning amendment. Thanks and please let me know if you need any additional information. Valerie Valerie Long Williams Mullen 434.951.5709 From: Richard Carter [mailto:RCarter@azmc-law.com] Sent: Tuesday, October 06, 2015 11:55 AM To: Andy Herrick Cc: Long, Valerie Subject: RE: Rivanna Village/ ERVFC Easement Agreement 1 Andy, I don't know but Valerie may. Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P (434)977-0191 F(434)977-0198 C(434)996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From:Andy Herrick [mailto:aherrick@albemarle.org] Sent:Tuesday, October 06, 2015 11:53 AM To: Richard Carter<RCarter@zmc-law.com> Subject: RE: Rivanna Village/ERVFC Easement Agreement Rick, Thanks li)r the reminder. I myself have reviewed the documents, but also wanted County stall to l)c able to (10 so as well. I and new to these discussions. Would you happen to know who at the County has previously been involved? Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (13 1) 972-1067 Notice: "Chis email may contain attorney-client privileged infornstion,privileged%York product,or other confidential information. It is intended only for the designated recipient. If you receive this message and are not a desitmated recipient you are requested to delete this message immediately and notify me that you halve received this by mistake. Thank you. From: Richard Carter [mailto:RCarter@zmc-law.com] Sent: Monday,October 5, 2015 11:55 AM To:Andy Herrick<aherrick@albemarle.org> Subject: FW: Rivanna Village/ ERVFC Easement Agreement Andy Have you had a chance to review these documents? 2 Rick Richard E. Carter Zunka, Milnor&Carter, Ltd. 414 Park Street Charlottesville,VA 22902 P (434) 977-0191 F (434) 977-0198 C(434)996-9710 Email rcarter@zmc-law.com LEGAL DISCLAIMER The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material.Any review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is prohibited. If you have received this email in error please contact the sender and delete the material from any computer. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Monday, October 05, 2015 11:31 AM To: Richard Carter<RCarter@zmc-law.com> Subject: FW: Rivanna Village/ERVFC Easement Agreement Hi Rick, I'm just checking in with you on these agreements to see if you have any comments we can address, or any other updates I can share with our client. Thanks, Valerie Valerie Long Williams Mullen 434.951.5709 From: Long, Valerie Sent: Friday, September 18, 2015 11:14 AM To: 'Richard Carter' Subject: Rivanna Village/ ERVFC Easement Agreement Rick, As per a voicemail message I left you earlier,our firm represents Rivanna Village, LLC, the developer of the Rivanna Village community near Glenmore,which is adjacent to the East Rivanna Volunteer Fire Company. During the rezoning amendment process in 2014, the parties came to a general agreement about how they would work together on easements and access for the project and for the Fire Company. I've attempted to capture those terms in an "Agreement to Grant Easements" document which is attached. And I have drafted an easement agreement to implement it, and attached the draft easement plat. 3 4Irr° I would appreciate your comments to these drafts. Let me know if you want to talk about any of the background,for I'm not sure how much you have, or if you have any questions. I've endeavored to keep it as simple as possible, but to capture all the terms. Thanks,Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlong©awilliamsmullen.com www.williarrismullen.com/vIonq Follow us on LinkedIn,Facebook, and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 4 `..ro Christopher Perez From: Christopher Perez Sent: Wednesday, February 03, 2016 2:08 PM To: 'David Jordan' Cc: Bill Ledbetter;Alan Franklin, PE Subject: SUB201500138 Rivanna Village—Easements David, SUB201500138 Rivanna Village—Easements I have received approval from Alex Morrison on behalf of Jeremy Lynn for the Feb 2, 2016 revised plat. All platting items have been addressed. Prior to approval of the plat the BOS shall hear the item and the County Attorney shall sign off on all legal docs for the proposal.I have forwarded the revised plat to the County Attorney for his use in the review of the legal documents. Thanks Christopher P. Perez I Senior Planner Department of Community Development lCounty of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: David Jordan [mailto:DJordan@roudabush.com] Sent:Wednesday, February 03, 2016 9:22 AM To:Christopher Perez<cperez@albemarle.org> Cc: Bill Ledbetter<BLedbetter@roudabush.com>;Alan Franklin, PE<alan@alanfranklinpe.com> Subject: FW: Rivanna Village Chris, As requested, I am forwarding this e-mail chain to you regarding Jeremy Lynn's approval of the proposed grading easements overlapping into the ACSA easements so that you may expedite your review of the plat. I have also included a pdf of the plat showing this revision which was submitted to you yesterday. David Jordan, LS Roudabush Gale and Associates 914 Monticello Rd, Charlottesville, VA 22902 (434) 977-0205 (540) 333-2280 From: Bill Ledbetter Sent:Tuesday, February 02, 2016 1:33 PM To: David Jordan<DJordan@roudabush.com> Subject: FW: Rivanna Village The plat with the easement overlaps is the one to go with. Let's get it back to the county asap. 1 Moe Christopher Perez From: Christopher Perez Sent: Wednesday, February 03, 2016 1:21 PM To: Andy Herrick Subject: SUB201500138 Rivanna Village—Easements Attachments: 387-ERVFC-ESMT-2-2-2016.pdf Andy, SUB201500138 Rivanna Village—Easements I have received the attached revised easement plat for the above referenced item. The only thing that changed from the last version(Sept 2015)to this version (revised Feb 2, 2016) is the depiction of the previously platted ACSA easements. I received approval from Alex Morrison on behalf of Jeremy Lynn today. Attached is the latest version of the plat. All platting items are addressed and the plat is ready for approval pending Board of Supervisor action. Christopher P.Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 From: David Jordan [mailto:DJordan@roudabush.com] Sent:Wednesday, February 03, 2016 9:22 AM To:Christopher Perez<cperez@albemarle.org> Cc: Bill Ledbetter<BLedbetter@roudabush.com>;Alan Franklin, PE<alan@alanfranklinpe.com> Subject: FW: Rivanna Village Chris, As requested, I am forwarding this e-mail chain to you regarding Jeremy Lynn's approval of the proposed grading easements overlapping into the ACSA easements so that you may expedite your review of the plat. I have also included a pdf of the plat showing this revision which was submitted to you yesterday. David Jordan, LS Roudabush Gale and Associates 914 Monticello Rd, Charlottesville, VA 22902 (434) 977-0205 (540) 333-2280 From: Bill Ledbetter Sent:Tuesday, February 02, 2016 1:33 PM To: David Jordan<DJordan@roudabush.com> Subject: FW: Rivanna Village The plat with the easement overlaps is the one to go with. Let's get it back to the county asap. 1 Christopher Perez From: Christopher Perez Sent: Wednesday, March 16, 2016 4:29 PM To: 'Michael Vieira'; 'Alex Morrison' Subject: SUB2015-138 Rivanna Village—Easement Plat -Agreement to Grant Easements Mike and/or Alex, SUB2015-138 Rivanna Village—Easement Plat Apparently the developer would like to revert back to the 9-21-15 version of the plat and forgo the revision dated 2-2-16 for the above referenced project bc of signatures already gained by the owners on the previous version of the plat. I note that the plat dated 9-21-15 was approved by ACSA, Engineering, Fire and Rescue, and I merely had comments telling them that they needed County Attorney approval and BOS approval prior to plat approval. Based on the reviews in Countyview I'm actually wondering why they resubmitted at all; however, I seem to recall while they had all the required approvals for the 9-21-15 version they resubmitted bc ACSA (post 9-21-15 approval)prompted them to revise how the existing previously platted ACSA easements were depicted on the plat. Thus changes did happen between the two versions. From what I can tell there are three differences between the two plats which all show up on sheet 3. Each of the changes are related to how the existing previously platted easements are depicted with relation to the proposed easements. ACSA then reviewed the 2-2-16 version and approved it. Thus before we revert back to the 9-21-15 version of the plat the County would like to get ACSA to say its ok. See the following communications with the developer, County Attorney, and their attorney discussing this item. Please provide any feedback or guidance you feel is appropriate. Thanks Christopher P. Perez 1 Senior Planner Department of Community Development County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext. 3443 From:Andy Herrick Sent:Wednesday, March 16, 2016 3:29 PM To:Christopher Perez<cperez@albemarle.org> Subject: FW: Rivanna Village-Agreement to Grant Easements Chris, Thanks for comparing the 9/20/2015 and 2/2/2016 plats of the ERVFC casements. Bill Ledbetter just responded to my message below. Fed free to forward this entire exchange to the ACSA. We need to make sure that they're on board with all the proposed changes below. Thanks for checking. Andy Herrick Sr. Asst. County Attorney Notice: This entail may contain attorney-client privileged information,privileged work product,or other confidential inlrrmation. It is intended only fuer 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 vou. 1 *110 Ned From: Bill Ledbetter [mailto:BLedbetter@roudabush.com] Sent:Wednesday, March 16, 2016 3:21 PM To:Andy Herrick<aherrick@albemarle.org> Cc:Valerie Long<vlong@williamsmullen.com>; David Jordan <DJordan@roudabush.com> Subject: RE: Rivanna Village-Agreement to Grant Easements Andy Understood and we will do what is needed to get everything straightened out. I am pretty certain the signature set matched the plat reviewed by ACSA other than the revision date.. I will email everyone, including ACSA and Chris Perez, a PDF of the final version as we have it to make certain everyone is in agreement that we have the correct plat going to record. Thanks for the email and sorry for all the confusion. 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: Andy Herrick [mailto:aherrick@albemarle.orq] Sent: Wednesday, March 16, 2016 3:21 PM To: Bill Ledbetter Cc: Valerie Long Subject: RE: Rivanna Village -Agreement to Grant Easements Bill, Thanks for your message. I'm told that there arc three differences between the two plats which all show up on sheet 3. Each of the changes is related to how the existing previously platted easements are depicted with relation to the proposed casements. Even if the substance of the 2/2/2016 plat were identical to the 9/20/2015 plat, I'd be a little unconilortable hand-writing over the 9/20/2015 date, assuming a plat with a pre-printed revision date of 2/2/2016 actually already existed. Finally, assuming ACSA requested the changes to the 9/20/2015 version that resulted in the 2/2/2016 version, we probably should check with the ACSA (and the ERVFC, kr that matter) before proceeding with the 9/20/2015 version. We'll be in touch with ACSA, and then get back with you and Valerie. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (13.1) 972-1067 Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential iufomt:dion. It is intended only kr Ute 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. 2 • From: Bill Ledbetter [mailto:BLedbetter@roudabush.com] Sent:Wednesday, March 16, 2016 2:04 PM To:Valerie Long<vlong@williamsmullen.com>;Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village-Agreement to Grant Easements Andy, Valerie is correct that the final plat review copy did have a revision date of Feb. 2, but the copy that was sent out for signatures still had the Sept. 2015 revision date. The plats are identical in all respects except for the last revision date. If acceptable to you, I can come over and add the Feb. 2 date to the plat that the owners have signed to get all of the documents on the same page. 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: Long, Valerie [mailto:vlong@williamsmullen.com] Sent: Wednesday, March 16, 2016 1:15 PM To: Andy Herrick(aherrick@albemarle.orq) Cc: Bill Ledbetter Subject: FW: Rivanna Village -Agreement to Grant Easements Andy: I spoke to Bill Ledbetter at Roudabush (copied here) and he has explained that the two plats are actually identical; as best I understand it,there was some back and forth with the Service Authority, and the plat was revised to put a new date on it (the February 2016 date) after the ACSA approved it, but then Roudabush realized that it should not have been re-dated since there were not actually any changes, and that is why they brought me the September 2015 version. Bill can clarify as needed, but he says they are the same. Bill and I discussed this and we think the easiest thing to do is for him to come to your office and hand write in the February 2, 2016 date on the copy of the plat that has been signed. That way the date on the plat will match the date in the agreements, and no one will have to re-sign. Will that be acceptable to you? In the meantime I have attached a corrected copy of the Agreement, which removed the extra "and." Thanks, Valerie Valerie Long Williams Mullen 434.951.5709 From: Long, Valerie Sent: Wednesday, March 16, 2016 11:50 AM To: 'Andy Herrick' Subject: RE: Rivanna Village -Agreement to Grant Easements 3 • Nee 14.1, Thanks Andy. In my haste to get the plat and agreements signed, I did not realize I did not have the February 2016 plat. But interestingly, when I called the surveyor to obtain the most recent one, he advised that he had been told to use the September 2015 version, apparently due to some back and forth with the Service Authority about the areas where the easements overlap, and that Chris Perez, the County Planner handling the project, provided that direction. Bill Ledbetter,the lead engineer at Roudabush, Gale is going to send me information to confirm or clarify this once he is back to his office within the next hour or so. Assuming that is correct I'll need to update the draft agreements to refer to the September 2015 plat, but I'm going to hold off on doing that until I hear from Bill Ledbetter and have some certainty. In the meantime I've corrected the first page to remove the extra "and". Once I have confirmation on the plat to use, I'll either revise the agreements to refer to the September 2015 plat, or get the February 2016 plat signed. Thanks,Valerie Valerie Long Williams Mullen 434.951.5709 From: Andy Herrick [mailto:aherrick@albemarle.org] Sent: Wednesday, March 16, 2016 10:27 AM To: Long, Valerie Subject: RE: Rivanna Village -Agreement to Grant Easements Valerie, Thanks for your message. With your consent, I've replaced the original lower-case "p" on page 2 with a corrected upper-case "P." 1 inlortunalely, while reviewing the documents, I came across a couple of other errors: 1. The signed plat that you supplied was last revised September 20, 2015, not the February 2, 2016 plat referenced in the deed. Could you provide us an original signed version of the February 2, 2016 plat? 2. "Toward the end of the initial recital paragraph of the Agreement to Grant Easements,there's a double "and, and" In the meantime, would you like us to hold the September 20, 2015 plat 1or your pick-up? Let us know you preference. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (131) 972-1067 Notice: This email may contain attorney-client privileged itilorniation,privileged work product,or other confidential iulinmatiou. 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 1w mistake. Thank you. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Tuesday, March 15, 2016 5:23 PM To:Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village-Agreement to Grant Easements Andy: I assume you received them, but I dropped off the signature copies of the Agreement, the Easement and the Plat for signature by the County. But I had not yet had a chance to correct the capital "P" in Property. You are welcome to replace the page two of the Agreement with the updated page in the attached corrected version. 4 As for your question about what happens if the existing drain fields are removed from service before the connection is made to the new public sewer line,the way the project is phased, this will not be a risk. The first phase of the project is in the blocks closest to Glenmore Way, and will require the sewer to be brought to those lots first. The work over near the current drain field will not begin until several other phases have been brought on line. Thanks, Valerie Valerie Long Williams Mullen 434.951.5709 From: Andy Herrick [mailto:aherrickOalbemarle.orq] Sent: Monday, March 14, 2016 1:10 PM To: Long, Valerie Subject: RE: Rivanna Village - Agreement to Grant Easements Valerie, Though I do not object to the proposed addition, what if the existing drain fields that serve the ERVFC Property arc removed from service before the Rivanna Village sewer system has been constructed and is fully operational? Also, the "p" in "ERVFC Property" should be capitalized as a defined term. Our office is still in Suite 325, on the third floor of the County Office Building. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (131) 972-1067 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Monday, March 14, 2016 11:28 AM To:Andy Herrick<aherrick@albemarle.org> Subject: Rivanna Village-Agreement to Grant Easements Andy: at the request of the ERVFC,we have made one minor revision to the "Agreement to Grant Easements" document involving Rivanna Village. The change is reflected in the attached blackline, in Section 3(a). The Fire Company wanted it more clear that the drain fields that currently serve the Fire Company/County property will not be damaged before the Fire Station is connected to the new public sewer system. That is absolutely the plan, but this change makes it more clear. I have also included a clean/non-blackline version for you. I'm assuming you will not have any concerns about this change, but certainly want to keep you in the loop. I am meeting w/Fire Company representatives today at 3:15 to sign the two documents, and then will be heading to the County for a 4 pm meeting in Community Development. If I have time in between I will drop off the signature set at your office. I understand your office has moved within the building—can you advise as to your current location? Thanks,Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 5 'wM V/ Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlong(awilliamsmullen.com www.williarnsmullen.com/vIonq Follow us on LinkedIn, Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 6 Christopher Perez From: Andy Herrick Sent: Monday, March 07, 2016 5:02 PM To: Ella W. Jordan Cc: Larry Davis; Dan Eggleston; Christopher Perez Subject: RE: Rivanna Village- Executed Agreements Ella, Larry and I discussed this proposal earlier today. He suggested that we schedule an item on the April 6 consent agenda to authorize advertising for a subsequent public hearing on a May agenda. Please hold a spot for this proposal on the April 6 consent agenda, and I'll prepare a first draft Executive Summary. Thanks. Andy Herrick Sr. Asst. County Attonicy Notice: 'Tis 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:Saturday, March 5, 2016 9:46 AM To: Larry Davis<LDavis@albemarle.org> Cc: Ella W.Jordan <ejordan@albemarle.org>; 'Dan Eggleston'<deggleston@albemarle.org>;Christopher Perez <cperez@albemarle.org> Subject: FW: Rivanna Village- Executed Agreements I.arly, The attorney for Rivanna Village is asking that the Board proceed with a public hearing to consider the conveyance of the attached easements across the East Rivanna Fire Station (Parcel 93A1-2), which is jointly owned by the County and the East Rivanna Volunteer Fire Company. Staff and the developer have agreed on the terms of the attached agreements, which the developer has already signed. Here is the Executive Summary from a previous public hearing involving conveyances on this property: http://www.albemarle.org/upload/images/Forms Ccntcr/Departments/Board of Supervisors/Forms/Agenda/201 3Filcs/0 1 1 6/08.1 AC SASalesContraclES.pdf. As far as I can tell, this previous item went directly to a public hearing, without an initial consent agenda item to first authorize the public hearing ad. Let me know how/when we should schedule the public hearing for the attached agreements. 'Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This entail may contain attorney-client privileged inforntation,privileged work product,or other confidential infomnation. It is intended only for the designated recipient. If you receive this message and are mot a designated recipient you are requested to delete this message immediately and notify me that von have received this by mistake. 'thank you. From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Friday, March 4, 2016 3:24 PM 1 limre *AS To:Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village- Executed Agreements Thank you, Andy, I've done that. If it is possible to go ahead and schedule the public hearing that would be great. Does it have to be advertised as an official public hearing? Thanks,Valerie Valerie Long Williams Mullen 434.951.5709 From: Andy Herrick [mailto:aherrick@albemarle.orq] Sent: Thursday, March 03, 2016 5:15 PM To: Long, Valerie Cc: Richard Carter Subject: RE: Rivanna Village - Executed Agreements Valerie, Please route the documents for the Fire Company's signatures. 'Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (431) 972-4067 Notice: This email may contain attorney-client privileged iiilomiation,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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Thursday, March 3, 2016 3:55 PM To:Andy Herrick<aherrick@albemarle.org> Cc: Richard Carter<RCarter@zmc-law.com> Subject: Rivanna Village- Executed Agreements Andy& Rick: Rivanna Village has executed the easements. Should I now route them to you or do they need to wait for the public hearing? Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlonq@williamsmullen.com www.williamsmullen.com/vIonq Follow us on LinkedIn,Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 2 Christopher Perez From: Andy Herrick Sent: Saturday, March 05, 2016 9:46 AM To: Larry Davis Cc: Ella W. Jordan; Dan Eggleston; Christopher Perez Subject: FW: Rivanna Village- Executed Agreements Attachments: Rivanna Village 387-ERVFC-ESMT-2-2-2016.pdf; Rivanna Village LLC_ERVFC -Agreement to Grant Easements.DOC; Rivanna Village - Easement Agreement.DOC Larry, The attorney for Rivanna Village is asking that the Board proceed with a public hearing to consider the conveyance of the attached easements across the East Rivanna Fire Station (Parcel 93A1-2), which is jointly owned by the County and the East Rivanna Volunteer Fire Company. Staff and the developer have agreed on the terms of the attached agreements, which the developer has already signed. Here is the Executive Summary from a previous public hearing involving conveyances on this property: http://www.albcmarlc.org/upload/images/Forms Centel/Departments/Board of Supervisors/Forms/Agenda/201 3Files/0116/08.1 ACSASalesContractES.pdf. As far as I can tell, this previous item went directly to a public hearing, without an initial consent agenda item to first authorize the public hearing ad. Let me know how/when we should schedule the public hearing for the attached agreements. 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent: Friday, March 4, 2016 3:24 PM To:Andy Herrick<aherrick@albemarle.org> Subject: RE: Rivanna Village- Executed Agreements Thank you,Andy, I've done that. If it is possible to go ahead and schedule the public hearing that would be great. Does it have to be advertised as an official public hearing? Thanks, Valerie Valerie Long Williams Mullen 434.951.5709 From: Andy Herrick [mailto:aherrick@albemarle.orq] Sent: Thursday, March 03, 2016 5:15 PM To: Long, Valerie Cc: Richard Carter Subject: RE: Rivanna Village - Executed Agreements Valerie, 1 *PO VIE Please route the documents for the Fire Company's signatures. 'I'llanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle • (1.31) 972-1067 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Thursday, March 3, 2016 3:55 PM To:Andy Herrick<aherrick@albemarle.org> Cc: Richard Carter<RCarter@zmc-law.com> Subject: Rivanna Village- Executed Agreements Andy& Rick: Rivanna Village has executed the easements. Should I now route them to you or do they need to wait for the public hearing? Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlonq@williamsmullen.com www.williamsmullen.com/vIonq Follow us on LinkedIn,Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 2 Christopher Perez From: Andy Herrick Sent: Thursday, March 03, 2016 9:38 AM To: Christopher Perez Subject: RE: Rivanna Village- Easement Agreement with ERVFC Chris, Thanks lbr your message. As it turns out, the only corrections I proposed last October were extremely minor: changing the elate of the most recent plat, re-numbering some mis-numbered paragraphs, and adding the name of the County Executive to his signature line. That's it. Corrections that minor could/should have been reviewed and approved in 15 minutes or less. In any event, as for the Executive Summary, I see that Chief Eggleston is listed as the stall contact on a previous Executive Summary involving a conveyance of this property. See http://www.albemarle.org/upload/images/Forms Center/Departments/13oard of Supervisors/Forms/Agenda/201 3Files/0116/08.1 ACSASalesContractES.pdf. He'd be the most logical stall contact for any additional Executive Summaries involving this property. I'll keep you posted from my end. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential infomiation. 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, March 3, 2016 8:58 AM To:Andy Herrick<aherrick@albemarle.org> Subject: Rivanna Village- Easement Agreement with ERVFC Andy, Rivanna Village-Easements Valerie Long sent me the email below and the attached plat and easement agreement for Rivanna Village. As you know this item must be approved/acted on by the BOS prior to Tom Foley signing the easement agreement and subsequently the subdivision agent approving the plat because the easements are on County owned property. Is this item ready to go to the BOS for action?If so,when is it being scheduled?Who is spear heading that aspect of the project? 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 From: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Wednesday, March 02, 2016 4:45 PM To:Christopher Perez<cperez@albemarle.org> Cc: Boninti,Andrew(andrew.boninti@cbre-charlottesville.com) <andrew.boninti@cbre-charlottesville.com>; Bill Ledbetter(BLedbetter@roudabush.com)<BLedbetter@roudabush.com>;Alan Franklin PE, LLC (alan@alanfranklinpe.com)<alan@alanfranklinpe.com>; Andy Herrick<aherrick@albemarle.org> Subject: Rivanna Village- Easement Agreement with ERVFC Chris: Bill Ledbetter asked me to send to you the attached Easement Agreement with the East Rivanna Volunteer Fire Company, Rivanna Village and the County for the easements at Rivanna Village. I have also attached a copy of the easement plat. This agreement and plat have both been approved by Andy Herrick on behalf of the County and by the Fire Company's counsel. I've copied Andy. Thank you, and please let me know if you need anything else. Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlono@williamsmullen.com www.williamsmullen.com/vIonq Follow us on Linkedln,Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 2 `.r Christopher Perez From: Christopher Perez Sent: Thursday, March 03, 2016 11:49 AM To: Andy Herrick Subject: SUB201500138 Rivanna Village— Easements Attachments: 387-ERVFC-ESMT-2-2-2016.pdf Andy, Fyi - See my comments/responses below in red. Christopher P. Perez 1 Senior Planner Department of Community Development!County of Albemarle,Virginia 401 McIntire Road!Charlottesville,VA 22902 434.296.5832 ext.3443 From:Andy Herrick Sent:Thursday, March 03, 2016 9:24 AM To:Valerie Long<vlong@williamsmullen.com> Cc: Richard Carter<RCarter@zmc-law.com>; 'Jim Bowling' <jmb@stlawva.com> Subject: RE: Rivanna Village Easement Agreement Valerie, Thanks for agreeing to our proposed revisions. I noted that the most recent plat is dated February 2, 2016. How does it differ from the previous plat (dated September 21, 2015)? The plat revised how the previously recorded/existing ACSA easements onsite were depicted. Have you shared the proposed new plat with ACSA counsel Jim Bowling? I know that revisions to a prior plat were important to the ACSA. We should confirm that the February 2 revisions are acceptable to the ACSA, as well. ACSA has approved the Feb 2nd version of the plat, see my yellow highlighted email below from 2-3-16 which confirms they were good with it/approved it. Once we've resolved that, as I noted in the attached message, the County's conveyance of these easements will require a public hearing. Assuming both the parties and the ACSA are in agreement on your most recent language,please circulate the documents for the signatures of all the other parties first. We'll then package those partially-signed documents for the Board's consideration, as the final approval in the process. Let me know of any questions. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 From:Christopher Perez Sent:Wednesday, February 03, 2016 1:21 PM To:Andy Herrick<aherrick@albemarle.org> Subject:SUB201500138 Rivanna Village—Easements 1 A wr „r, Andy, SUB201500138 Rivanna Village—Easements I have received the attached revised easement plat for the above referenced item. The only thing that changed from the last version(Sept 2015)to this version(revised Feb 2, 2016) is the depiction of the previously platted ACSA easements. I received approval from Alex Morrison on behalf of Jeremy Lynn today. Attached is the latest version of the plat. All platting items are addressed and the plat is ready for approval pending Board of Supervisor action. Christopher P. Perez'Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road J Charlottesville,VA 22902 434.296.5832 ext. 3443 From:Andy Herrick Sent: Friday, February 05, 2016 3:45 PM To:Valerie Long<vlong@williamsmullen.com> Cc: Richard Carter<RCarter@zmc-law.com> Subject: RE: Rivanna Village Easement Plat Valerie, Thanks for the update. I recently was provided the attached updated plat,which I understand has ACSA's approval. Let us know if you need anything else. 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: Long,Valerie [mailto:vlong@williamsmullen.comj Sent:Wednesday, February 3, 2016 5:02 PM To:Andy Herrick<aherrick@albemarle.org>; Richard Carter<RCarter@zmc-law.com> Subject: Rivanna Village Easement Plat I have just received confirmation that the ACSA has approved the revisions to the easement plat for Rivanna Village at the East Rivanna Fire Co. property. I just need to update the draft easement to reflect the new plat date and re-circulate that and the revised plat to you both—I will do that tomorrow morning, as I need to leave now for an appointment, but wanted to let you know. Thanks for your help with this. Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 2 • vine T 434.951.5709 F 434.817.0977 vlong@williamsmullen.com www.williannsmullen.com/vIonq 3 41.100 '44104 No, Nor Christopher Perez From: Andy Herrick Sent: Friday, February 05, 2016 3:45 PM To: Valerie Long Cc: Richard Carter Subject: RE: Rivanna Village Easement Plat Attachments: 387-ERVFC-ESMT-2-2-2016.pdf Valerie, Thanks for the update. I recently was provided the attached updated plat, which I understand has ACSA's approval. Let us know if you need anything else. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This email may contain attorney-client privileged inlomiation,privileged work product,or other confidential information. It is intended only for the designated recipient. If you receive this message and arc 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Wednesday, February 3, 2016 5:02 PM To:Andy Herrick<aherrick@albemarle.org>; Richard Carter<RCarter@zmc-law.com> Subject: Rivanna Village Easement Plat I have just received confirmation that the ACSA has approved the revisions to the easement plat for Rivanna Village at the East Rivanna Fire Co. property. I just need to update the draft easement to reflect the new plat date and re-circulate that and the revised plat to you both—I will do that tomorrow morning, as I need to leave now for an appointment, but wanted to let you know. Thanks for your help with this. Valerie Valerie W. Long Williams Mullen 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlonq@williamsmullen.corn www.williamsmullen.com/vionq Follow us on Linkedln,Facebook,and Twitter. Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 1 f Christopher Perez From: Andy Herrick Sent: Friday, February 05, 2016 3:43 PM To: Christopher Perez Subject: RE: SUB201500138 Rivanna Village— Easements Chris, Thanks for the update. In response to our previous inquiry, I recently heard back from Valerie Long, the developer's attorney, indicating that she was updating the (hopefully) final deed to reflect this (hopefully) final plat. I'll follow-up with Valerie to close the loop. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged infomtation,privileged work product,or other confidential nil 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:Wednesday, February 3, 2016 1:21 PM To:Andy Herrick<aherrick@albemarle.org> Subject:SUB201500138 Rivanna Village—Easements Andy, SUB201500138 Rivanna Village—Easements I have received the attached revised easement plat for the above referenced item. The only thing that changed from the last version (Sept 2015) to this version (revised Feb 2, 2016) is the depiction of the previously platted ACSA easements. I received approval from Alex Morrison on behalf of Jeremy Lynn today. Attached is the latest version of the plat. All platting items are addressed and the plat is ready for approval pending Board of Supervisor action. Christopher P. Perez 1 Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road [Charlottesville,VA 22902 434.296.5832 ext. 3443 From: David Jordan [mailto:DJordan@roudabush.com] Sent:Wednesday, February 03, 2016 9:22 AM To: Christopher Perez<cperez@albemarle.org> Cc: Bill Ledbetter<BLedbetter@roudabush.com>; Alan Franklin, PE<alan@alanfranklinpe.com> Subject: FW: Rivanna Village Chris, As requested, I am forwarding this e-mail chain to you regarding Jeremy Lynn's approval of the proposed grading easements overlapping into the ACSA easements so that you may expedite your review of the plat. I have also included a pdf of the plat showing this revision which was submitted to you yesterday. 1 NNW .4410 David Jordan, LS Roudabush Gale and Associates 914 Monticello Rd, Charlottesville, VA 22902 (434) 977-0205 (540) 333-2280 From: Bill Ledbetter Sent:Tuesday, February 02, 2016 1:33 PM To: David Jordan<DJordan@roudabush.com> Subject: FW: Rivanna Village The plat with the easement overlaps is the one to go with. Let's get it back to the county asap. BL 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: Jeremy Lynn [mailto:jlynn©serviceauthority.orq] Sent: Tuesday, February 02, 2016 1:28 PM To: Bill Ledbetter Cc: Alex Morrison, P.E. Subject: RE: Rivanna Village Yes, According to Alan, they are necessary to make the grading tie-ins. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434)977-4511 ext. 114 From: Bill Ledbetter [mailto:BLedbetter@roudabush.com] Sent: Tuesday, February 02, 2016 12:55 PM To: Jeremy Lynn; 'Alex Morrison' Subject: RE: Rivanna Village So the plat where our easements overlap with your easements is ok? BL 2 , , 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: Jeremy Lynn [mailto:jlynn©serviceauthority.orq] Sent: Tuesday, February 02, 2016 12:09 PM To: Bill Ledbetter Subject: RE: Rivanna Village Bill, I sent this email to Alex yesterday. Jeremy M. Lynn, P.E. Senior Civil Engineer Albemarle County Service Authority 168 Spotnap Road, Charlottesville, VA 22911 (434)977-4511 ext. 114 From: Bill Ledbetter [mailto:BLedbetter©roudabush.com] Sent: Tuesday, February 02, 2016 10:55 AM To: Jeremy Lynn Subject: FW: Rivanna Village Jeremy Let me know a good time to give you a call about this easement plat. I believe you and Alan have talked? 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: David Jordan Sent: Tuesday, February 02, 2016 10:50 AM To: Bill Ledbetter Subject: RE: Rivanna Village The pdf dated 9-20-15 has the easements crossing ACSA easements and the 9-21-15 pdf has the easements cropped at the ACSA easements. 3 David Jordan, LS Roudabush Gale and Associates 914 Monticello Rd, Charlottesville, VA 22902 (434) 977-0205 (540) 333-2280 From: Alan Franklin, PE [mailto:alan©alanfranklinpe.com] Sent: Tuesday, February 02, 2016 8:30 AM To: 'Boninti, Andrew'; 'Alex Toomy' Cc: Mark Keller; Bill Ledbetter; 'Valerie Wagner Long' Subject: Rivanna Village Guys, I think the ACSA is satisfied to sign the easement plat for the firehouse. Alan 4 Christopher Perez From: Andy Herrick Sent: Tuesday, May 24, 2016 10:53 AM To: Christopher Perez Cc: Erika Castillo Subject: RE: Rivanna Village Easement and Agreement Chris, The Board approved these casements on May 4. Here's the Executive Summary and Resolution. Thanks for your help. 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 die 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:Tuesday, May 24, 2016 8:57 AM To:Andy Herrick<aherrick@albemarle.org> Cc: Erika Castillo<ecastillo@albemarle.org> Subject: RE: Rivanna Village Easement and Agreement Andy, I just handed the approved plan and the deed to Erika. When did this item go to the BOS? If you can tell me the date it went, and provide me the action memo for the file that would be great. Thanks. Christopher P.Perez Senior Planner Department of Community Development County of Albemarle,Virginia 401 Mclntire Road 1 Charlottesville,VA 22902 434.296.5832 ext. 3443 From:Andy Herrick Sent:Tuesday, May 24, 2016 8:12 AM To:Christopher Perez<cperez@albemarle.org> Subject: RE: Rivanna Village Easement and Agreement Chris, Thanks 14 the update. Glad you're feeling better today. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged information,privileged work product,or other confidential infinmatiou. It is intended only for the designated recipient. If you receive this message and arc not a designated recipient you are requested to delete this message immediately and notify nee that you have received this by mistake. Thank you. 1 1► From:Christopher Perez Sent:Tuesday, May 24, 2016 7:13 AM To:Andy Herrick<aherrick@albemarle.org> Cc: Bill Fritz<BFRITZ@albemarle.org> Subject: RE: Rivanna Village Easement and Agreement Andy, It's on my desk. I was out sick yesterday but am back today full throttle. I'll walk it up to you once it's been signed. 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 From:Andy Herrick Sent: Friday, May 20,2016 8:01 PM To: Christopher Perez<cperez@albemarle.org> Cc: Bill Fritz<BFRITZ@albemarle.org> Subject: FW: Rivanna Village Easement and Agreement Chris, What's the status of the subdivision agent's signature on the East Rivanna Fire Station plats Let us know if you need anything else to sign off. Thanks. Andy Herrick Sr. Asst. County Attorney Notice: This email may contain attorney-client privileged inktmation,privileged work product,or other confidential information. It is intended only kr 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: Long,Valerie [mailto:vlong@williamsmullen.com] Sent:Wednesday, May 18, 2016 4:03 PM To:Andy Herrick<aherrick@albemarle.org> Subject: Rivanna Village Easement and Agreement Andy:just checking in with you on the status of these two agreements. Have they been signed yet? Thanks,Valerie Valerie W. Long Williams Mullen • 321 East Main St. Suite 400 Charlottesville,Virginia 22902-3200 T 434.951.5709 F 434.817.0977 vlong@williamsmullen.com www.williamsmullen.com/vIonq Follow us on LinkedIn, Facebook,and Twitter. 2 Nur Nei + Sign up for legal email alerts here. NOTICE: Information contained in this transmission to the named addressee is proprietary and is 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. 3