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HomeMy WebLinkAboutSUB201600126 Review Comments 2016-07-28 Now- ftio, Review of Private Improvement Maintenance Instrument (Albemarle County Code§14-317) TO: • .- • ' �.�' 'Bre�-t-- �Lasc r'\ RE: SUB 24)1CD001Z-CA1 Vic- Nt-les r MIL�� '1/�\ vt 1 The ins ent required by Albemarle County Code § 14-317 for this subdivision: is approved. is not approved because it fails to satisfy one or more of the following requirements (number references are to Albemarle County Code § 14-317(A)): 1. Identify the plat to which the instrument applies;if the plat has been recorded, the identification shall include a deed book and page number. 2. /State that the improvement will be maintained in perpetuity. 3. State that the improvement will be maintained to a standard that,at a minimum, ensures that it will remain in substantially the condition it was in when approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14-436; for a private street, shared driveway,or alley, the instrument also shall state substantially as follows: "The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions." 4. /If the instrument pertains to the maintenance of one or more private streets,alleys or shared driveways,it shall define "maintenance"by stating substantially as follows: "For purposes of this instrument, `maintenance'includes the maintenance of the private streets or alleys,and all curbs, curbs and gutters,drainage facilities,utilities,dams,bridges and other private street improvements, and the prompt removal of snow,water,debris,or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles,including emergency services vehicles." 5. /Describe the condition of the improvement when it was approved by the county if the improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided in section 14-436. 6. /Identify the timing or conditions warranting maintenance of the improvement. 7. /State a means to collect funds necessary for the cost of maintaining the improvement;at a minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien against a non-contributing landowner, to bring an action at law to collect the funds,or both. 8. /Describe how maintenance costs will be prorated among the landowners subject to the instrument (e.g.,"equally,"or on a percentage basis);if any lot within the subdivision may be further divided,the instrument shall also describe how maintenance costs will be prorated among the landowners after division. 9. "State substantially as follows: "No public agency,including the Virginia Department of Transportation and the County of Albemarle,Virginia,will be responsible for maintaining any i provement identified herein." cilit, � ��Y I�.I Date: .` /[moi a Iptn:r D•.� fou- tt,,rney of s: friii COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4126 Date: July 28, 2016 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville,VA 22902 Regarding: Project Name: SUB201600126—McKenna Family Division Date Submitted:06/14/16 Dear Mr. Kamptner: The applicant has prepared and submitted a Private Street Maintenance Agreement for the above named project.At your earliest convenience, please review this document and the attached plat for the division.Should you have any questions or comments please feel free to contact me. Thanks, Ir Brent W. Nelson Senior Planner Ext. 3438 bnelson@albemarle.org COUNTY OF ALBEMARLE 2 _ I'l r--.), il ,______.:1.a 29 2016 �._ I i i{ I 1\,_ } d / i_ 'i FTOnN`. Y'3 1;F. . Noire Tucker Griffin Barnes P.C. William D.Tucker,III,VSB# 12360 307 West Rio Rd Charlottesville,VA 22901 434-973-7474 Tax Map&Parcel Number: 02700-00-00-038A0 DECLARATION OF ROAD MAINTENACE AGREEMENT The PRIVATE STREET MAINTENANCE AGREEMENT (hereinafter, the "Agreement") is made this day of , 2016,by KEVIN J. MCKENNA and MARTHA H. MCKENNA, husband and wife, (hereinafter collectively,the "Declarant"), whose address is 4408 Clark Road, Crozet, Virginia 22932. WHEREAS, the Declarant is the owner of a parcel of land containing 58.026 acres, more or less, known as Albemarle County Tax Map 27, Parcel 38A, pursuant to a deed dated September 11, 1984 and recorded September 24, 1984, in the Clerk's Office CD of the Circuit Court of Albemarle County, Virginia, in Deed Book 815, Page 485; WHEREAS, Tax Map 27, Parcel 38A shall be subdivided by the Declarant into Lot A, containing 2.00 acres, (hereinafter"Lot A") and the residue of Tax Map 27, Parcel 38A, containing 56.026 acres,more or less, (hereinafter the "Residue"), as shown and described on a plat by Roger Ray&Assoc., Inc., dated June 2, 2016, entitled "Family Subdivision Plat, Lot A, Containing 2.00 Acres, A Portion of the Kevin J. McKenna& Martha H. McKenna Property and New 30' Private Street Easement Located on State Route 674 (Clark Road)", a copy of which is attached hereto and made a part hereof, (hereinafter, the "Plat"), recorded in the aforementioned Clerk's Office prior hereto; WHEREAS, the access easement shown on the Plat as "New 30' Private Street Easement" will be a new or existing thirty(30) foot wide non-exclusive ingress and egress easement(hereinafter, the "Street") for the use and benefit of Lot A and the Residue to and from State Route 674, as shown on the Plat; and NOW, THEREFORE, for and in consideration of the premises and the undertakings contained herein, the Declarant hereby imposes upon Lot A, and the Residue a Street to be maintained as follows: MINIMUM STANDARD:- he Street shall be maintained with a minimum 10 foot wide base of gravel or a superior slit,.'e as agreed to in the future via supplemental declaration), and maintained i*' +erpetuity to substantially the same condition it was in IS when approved by the County. The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions. CMAINTENANCE: For purposes of this instrument, `maintenance', includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, dams,bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles. The term "to maintain," or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage. OCOST OF MAINTENANCE: The owner(s) of Lot A and the Residue shall be equally responsible for the cost of the maintenance of, and or repair to the Street, from State Route 674, along Lot A, to the point the Street is no longer adjacent to Lot A at the gate and fence on the gravel driveway on the Residue, as depicted on the Plat. Any further division of Lot A and the Residue shall require the reassessment of cost to be equally shared by all owners using of the Street. No public agency, including the Virginia Department of Transportation and the County of Albemarle,Virginia, will be responsible for maintaining any improvement identified herein. WHEN TO MAINTAIN: After the initial construction of the Street, any further construction, maintenance or repair shall be undertaken only with the mutual consent of all owners, provided that in the event that one of the owners determines that the Street is not safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions and such owner gives 30 days prior written notice to all other owners using the Street, such owner may commence or contract for maintenance or repair to bring the Street to the minimum standard and the charges therefore shall be the responsibility of all owners using the Street. DEFAULTING OWNER(S): If any owner shall fail to pay his/her proportionate share of the costs of maintenance or repair for which he/she is responsible, as provided hereinabove, any other owner not in default, or the person or corporation performing such maintenance, may after 30 days written notice to the defaulting parcel owner(s)bring an action of law against each defaulting parcel owner in a court of competent jurisdiction and/or may record in the Clerk's Office of the Circuit Court of Albemarle County, a Notice of Lien against all of the said defaulting parcel owners to secure the payment of the assessment of a parcel failing to pay his/her proportional share of maintenance or repair. The amount due by any delinquent Owner shall bear interest at the maximum judgment rate provided by law from the date of completion of the maintenance; and the delinquent Owner shall be liable to pay all costs of collection, including reasonable attorney's fees. THIS SPACE LEFT INTENTIONALLY BLANK. SIGNATURES APPEAR ON FOLLOWING PAGE. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed on its behalf by its duly authorized agent. (Seal) KEVIN J. MCKENNA (Seal) MARTHA H. MCKENNA COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit; The foregoing Declaration was acknowledged before me this day of 2016,by Kevin J. McKenna. My commission expires: Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit; The foregoing Declaration was acknowledged before me this day of 2016,by Martha H. McKenna. My commission expires: Notary Public Community Development Document Review County Attorney's Office TO: rep+ I V(isow PROJECT NUMBER: DU 6 21) It; '� 12 Mr e f You have requested that our office review the attached development document identified below: Drainage easement Shared parking agreement/easement Open space/greenway easement Dedication of right-of-way Parcel determination V V Other: t rArn c L,9 ..3(.)CJ c_ The document: is approved is conditionally approved with minor edits shown on the attached or noted in the comment below is conditionally approved and ready to be circulated for signatures and acknowledgements is conditionally approved with minor edits shown on the attached or noted in the comment below and ready to be circulated for signatures and acknowledgements is not approved because: : Signatures or acknowledgement need to be redone (see comment below) : Legal description needs to be revised(see comment below) : Other(see comment below) Comment: If the document is approved,was submitted with the applicants'signatures,and is one to which the County is a party,signatures indicating this office's approval as to form and the County Executive's approval or acceptance on behalf of the County are provided. If the document did not include the applicants'signatures, a final version of the document with the required signatures may now be submitted. Li . 144 4 L Date: gh I/4 Gre . , ., er Dep f . ty , tto p-y SOF ,A 171 . `�,,.. COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road,Room 227 Charlottesville,Virginia 22902-4596 Phone(434)296-5832 Fax(434)972-4126 Date:July 28, 2016 Greg Kamptner County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 Regarding: Project Name:SUB201600126— McKenna Family Division Date Submitted: 06/14/16 Dear Mr. Kamptner: Ms. Mahone has prepared and submitted a Declaration of Restrictive Covenant for the above named project.At your earliest convenience, please review these documents and the attached plat for the division. Should you have any questions or comments please feel free to contact me. Sincerely, 43\ 1,11/j, 11-t-C00-4 Brent W. Nelson Senior Planner Ext. 3438 bnelson@albemarle.org COUNTY OF A!r?E"'ARL_E JUL410 ILT jj ti iiirij Fr\—\ 1- I --7,_-,71:T v-7-1 !; ,---i? 2` 2 16 it 11 l ATTUnevt:r .S 6'1:: Tucker Griffin Barnes P.C. William D.Tucker,III,VSB# 12360 307 West Rio Rd Charlottesville,VA 22901 434-973-7474 Tax Map&Parcel Number: 02700-00-00-038A0 DECLARATION OF RESTRICIVE COVENANT AND PLAT THIS DECLARATION is made this day of , 2016, by KEVIN J. MCKENNA and MARTHA H. MCKENNA, husband and wife, (collectively the "Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of the property containing 58.026 acres, more or less, known as TMP 02700-00-00-038A0, (the "Property") as shown on the plat entitled, "Family Subdivision Plat, Lot A, Containing 2.00 Acres, A Portion of the Kevin J. McKenna & Martha H. McKenna Property and New 30' Private Street Easement Located on State Route 674 (Clark Road)", dated June 2, 2016, made by Roger W. Ray & Assoc., Inc., (the "Plat"), a copy of which plat is attached hereto and recorded herewith; WHEREAS, the Declarant desires to record the Plat to subdivide the Property into Lot A, containing 2.00 acres, ("Lot A") and the residue property, containing 56.03 acres, more or less, (the"Residue") as more particularly shown on the Plat. WHEREAS, such subdivision has been approved as a family subdivision in accordance with Section 14-212 of the Code of Albemarle County, Virginia, and as a family subdivision certain restrictions must be imposed upon Lot A & the Residue, and the Declarant desires to impose such restrictions. NOW THEREFORE, the Declarant agrees to and declares the following: 1. The Property is hereby subdivided into Lot A & the Residue as further shown on the Plat. 2. Neither Lot A or the Residue, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the Declarant, for a period of four (4) years after the date of recordation of the Plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing. If either lot created is conveyed back to the grantor during the four (4) year retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. 1 WITNESS the following signature and seal. (Seal) KEVIN J. MCKENNA (Seal) MARTHA H. MCKENNA COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit; The foregoing Declaration was acknowledged before me this day of , 2016, by Kevin J. McKenna. My commission expires: Notary Public COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to wit; The foregoing Declaration was acknowledged before me this day of , 2016, by Martha H. McKenna. My commission expires: Notary Public 2 Phone 434-296-5832 County of Albemarle Department of Community Development 401 McIntire Road, Charlottesville, VA, 22902 Memorandum To: Gwen Lacy Roger W. Ray & Associates, Inc. From: Brent W. Nelson, Planner Division: Planning Services Date: July 18, 2016 Subject: SUB201600126 — McKenna Family Division Fax 434-972-4126 The County of Albemarle Division of Planning Services will grant or recommend approval of the Family Subdivision plat referenced above once the following comments have been addressed: [Each comment is preceded by the applicable reference, which is to the Subdivision/Zoning Ordinances unless otherwise specified.] 1. [14-309 & 14-3101 Soil evaluation; health director approval of wells and septic systems. Approval by the Charlottesville/Albemarle Health Department is required before the plat can be approved. Soils information provided by the applicant was sent to the health department on June 23, 2016. 2. {14-317] Instrument evidencing maintenance of certain improvements. The County has received the required road maintenance agreement. Needed edits are provided on the attached document. Revise the agreement accordingly. 3. [14-212] Family subdivisions; conditions of approval. The County has received the required Declaration of Restrictive Covenant. Needed edits are provided on the attached document. Revise the agreement accordingly. Please contact Brent Nelson at the Division of Planning Services at bnelsongalbemarle.org 434-296- 5832 ext. 3438 for further information. Brent Nelson From: Brent Nelson Sent: Tuesday, August 09, 2016 4:03 PM To: 'Gwen Lacy' Cc: vaakitavet@gmail.com Subject: RE: SUB 201600126, McKenna Family Division, Staff Comments Gwen - The health department has approved the soils report and the County Attorney has approved the Restrictive Covenants and Road Maintenance Agreement. The plat is now ready to be signed. If you want to bring 3 copies (2 for you and 1 for our file) and leave them, I will get them signed. Brent Brent W. Nelson Senior Planner Planning Services, Community Development Albemarle County Office Building 401 McIntire Road, 22902 434-296-5832, ext. 3438 bnelson@albemarle.org From: Gwen Lacy [mailto:gwenlacy@earthlink.net] Sent: Monday, August 01, 2016 2:48 PM To: Brent Nelson <bnelson@albemarle.org> Cc:vaakitavet@gmail.com Subject: Re: SUB 201600126, McKenna Family Division, Staff Comments Hi Brent, Please find attached pdf copies of both Affidavits for the McKenna Project. They have been revised (signed and notarized) to only show Ryan McKenna as the Grantee and son of Kevin J. & Martha E. McKenna. Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Gwen Lacy Sent: Monday, August 01, 2016 8:22 AM To: Brent Nelson 1 Cc: vaakitavet(agmail.com Subject: Re: SUB 201600126, McKenna Family Division, Staff Comments Good morning Brent, Martha is Ryan's mother. I will let them know that they need to come in and sign another copy without her name on it. Thanks, Gwen Ryan, Please ask your parents to stop in and sign another Affidavit and I will send it to Brent. Thanks, Gwen • Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Brent Nelson Sent: Friday, July 29, 2016 5:23 PM To: Gwen Lacy Cc: vaakitavet@igmail.com Subject: RE: SUB 201600126, McKenna Family Division, Staff Comments Gwen - I realized that the Affidavit Verifying Family Relationship of Grantor to Grantee has two names in the Grantee column, Ryan McKenna and Martha McKenna. Ryan is the current owner's son and I assume Martha is Ryan's wife. If that is the case, then her name would need to be removed from this affidavit as only Ryan fits the Family Division definition of a member of the immediate family (below). Member of the inm}ediarte fwni/v. The term "member of the immediate tinily" means the natural or legally defined off-spring. grandchild, grandparent. or parent of the owner of property. Please revise accordingly and provide me with an original paper copy.This does not have to be reviewed by the County Attorney's office so once I receive it we are good. I believe getting this and the County Attorney's approval of the revised Road Maintenance Agreement and the revised Restrictive Covenants is all that is needed to sign the plat.Those revised documents were received from Amy Sobeck of Tucker, Griffin, Barnes yesterday and then forwarded onto the County Attorney, Greg Kamptner. I will let you know as soon as I hear back from Greg. Brent Brent W. Nelson Senior Planner Planning Services, Community Development Albemarle County Office Building 2 434-293-3195 tel ""` 434-293-4202 fax From: Brent Nelson Sent: Thursday, July 28, 2016 10:55 AM To: Gwen Lacy Cc: vaakitavet@gmail.com Subject: RE: SUB 201600126, McKenna Family Division, Staff Comments Hi Gwen - I have not received revised documents from the attorney or heard back from the Health Department. Brent Brent W. Nelson Senior Planner Planning Services, Community Development Albemarle County Office Building 401 McIntire Road, 22902 434-296-5832, ext. 3438 bnelson@albemarle.org From:Gwen Lacy [mailto:gwenlacy@earthlink.net] Sent:Thursday,July 28, 2016 10:54 AM To: Brent Nelson<bnelson@albemarle.org> Cc:vaakitavet@gmail.com Subject: Re: SUB 201600126, McKenna Family Division, Staff Comments Good morning Brent, Could you please give us an update on this project. Have you received the revised documents from the attorney? Have you heard anything from the Health Department? Thanks, Gwen Gwen Lacy Roger W. Ray & Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel 434-293-4202 fax From: Brent Nelson Sent: Tuesday, July 19, 2016 11:29 AM To: Gwen Lacy Cc: vaakitavet@gmail.com Subject: SUB 201600126, McKenna Family Division, Staff Comments Hi Gwen - Attached you should find my comment memo, with attachments, for the above-noted family division. A hard copy is in the mail as well. Once I receive the revised Restrictive Covenants and RMA I can forward them to the County Attorney for review. 2 Brent Nelson From: Erika Castillo Sent: Friday,August 05, 2016 9:14 AM To: Amy Sobeck Cc: Brent Nelson; gwenlacy@earthlink.net Subject: RE: SUB201600126 - McKenna Good Morning, Amy: I spoke with our attorney and we are fine with your plan to attach the plat only to the declaration of restrictive covenants and recording that document first. Then making reference to the plat as being "recorded prior hereto" in the declaration of road maintenance agreement and recording that document second. Please let me know of any questions. Regards, Erika Castillo Paralegal ecastillo@albemarle.org Albemarle County Attorney's Office 401 McIntire Road Charlottesville, VA (434) 972-4067 Ext. 3408 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:Amy Sobeck [mailto:ASobeck@tgblaw.com] Sent:Tuesday,August 02, 2016 7:14 PM To: Erika Castillo<ecastillo@albemarle.org> Cc: Brent Nelson<bnelson@albemarle.org>;gwenlacy@earthlink.net Subject: FW:SUB201600126- McKenna Hi Erika, I am emailing regarding the above-referenced County subdivision application. We drafted the declaration of plat/restrictive covenants as well as the declaration of road maintenance agreement. I made the changes you all requested and submitted them to Brent again. However, I had one question regarding your revisions and Brent suggested I ask you directly. You-all revised the road maintenance agreement to reference the plat as being attached to it. I had planned on attaching the plat only to the declaration of restrictive covenants and plat, and recording that document first. Then making reference to the plat as being"recorded prior hereto" in the declaration of road maintenance agreement, and recording that document second. 1 I don't think I should record the plat witl�i both documents, unless you all want thatOr would you prefer we record the declaration of road maintenance agreement first and then the restrictive covenants declaration? (although part of the point of it is to have the plat attached.) Thank you! I am part-time and will return to the office on Friday. Sincerely, Amy Sobeck Real Estate Drafting Paralegal to William D. Tucker, III Amy Sobeck Legal Assistant Tucker Griffin Barnes, P.C. Direct Dia1:434-951-0860 Fax:434-951-0875 Main Line: 434-973-7474 307 West Rio Road Charlottesville, Virginia 22901 Firm Website: www.TGBlaw.com This electronic message and all contents contain information from the law firm Tucker Griffin Barnes,P.C.which may be privileged, confidential or otherwise protected from disclosure.If you are not the intended recipient of this message any disclosure,copy, distribution or use of the contents of this message is prohibited.If you have received this electronic message in error,please notify us immediately and destroy the original message and all copies. IRS Circular 230 Notice:Unless specifically stated otherwise,any tax advice contained in this communication(including any attachments)is not intended or written to be used,and cannot be used,for the purpose of(i)avoiding penalties under the Internal Revenue Code or(ii)promoting,marketing or recommending to another party any transaction or matter addressed herein. ATENCION: este mensaje electronico y todo su contenido contiene information del bufete de abogados Tucker Griffin Barnes,P.C. que podria ser privilegiada,privada,de confianza o de otra manera materia protegida cuya divulgacion queda prohibida. Si Ud. no es el destinatario pretendido de este mensaje, se prohibe cualquier divulgacion, copia,distribution o use de su contenido. Si ha recibido este mensaje por error, favor de informarnos inmediatamente y le rogamos que destruya el mensaje y cualquier copia que posea. From: Brent Nelson [mailto:bnelson@albemarle.orq] Sent: Friday, July 29, 2016 2:39 PM To: Amy Sobeck Cc: gwenlacy@earthlink.net Subject: RE: SUB201600126 - McKenna Amy - Thanks for sending the revised documents. I have sent them on to the County Attorney's office for approval. Regarding your question below concerning recordation and the sequence, I don't normally get involved with that part of this process. I would recommend that you ask Erika Castillo, paralegal to the County Attorney (434-972-4067 or ecastillo@albemarle.org). Personally, as a planner who has to research recorded deeds like this I wish they were all recorded at the same time. Brent Brent W. Nelson Senior Planner Planning Services, Community Development Albemarle County Office Building 401 McIntire Road, 22902 434-296-5832, ext. 3438 bnelson@albemarle.org 2 Brent Nelson From: Amy Sobeck <ASobeck@tgblaw.com> Sent: Thursday,July 28, 2016 3:23 PM To: Brent Nelson Cc: gwenlacy@earthlink.net Subject: SUB201600126 - McKenna Attachments: Family Division Restrictive Covenant Form.pdf; Private_Street_Maintenance_Agreement.pdf Hi Brent, Attached are the revised documents for the above-mentioned subdivision application(McKenna). I do have one question: The county attorney revised the road maintenance agreement to include language stating the plat would be attached to it. I had originally planned to attach the new plat to the Declaration of restrictive covenant form and record it first and then the road maintenance agreement second and reference the plat in the road maintenance agreement as recorded "prior hereto" in the declaration of restrictive covenant document. If you prefer to have the plat attached to the Declaration of Road Maintenance,then maybe we can record that document first and the restrictive covenant declaration second(and reference the plat being attached to the first recorded document (the road maintenance agreement). Please let me know if you need anything else. Thank you very much! Amy Sobeck Drafting Paralegal to William D. Tucker, III Amy Sobeck Legal Assistant Tucker Griffin Barnes,P.C. Direct Dia1:434-951-0860 Fax: 434-951-0875 Main Line: 434-973-7474 307 West Rio Road Charlottesville,Virginia 22901 Firm Website: www.TGBlaw.com This electronic message and all contents contain information from the law firm Tucker Griffin Barnes,P.C.which may be privileged, confidential or otherwise protected from disclosure. If you are not the intended recipient of this message any disclosure,copy, distribution or use of the contents of this message is prohibited. If you have received this electronic message in error,please notify us immediately and destroy the original message and all copies. IRS Circular 230 Notice:Unless specifically stated otherwise,any tax advice contained in this communication(including any attachments)is not intended or written to be used,and cannot be used,for the purpose of(i)avoiding penalties under the Internal Revenue Code or(ii)promoting,marketing or recommending to another party any transaction or matter addressed herein. ATENCION: este mensaje electronico y todo su contenido contiene informacion del bufete de abogados Tucker Griffin Barnes. P.C. que podria ser privilegiada,privada,de confianza o de otra manera materia protegida cuya divulgacion queda prohibida. Si Ud. no es el destinatario pretendido de este mensaje, se prohibe cualquier divulgacion,copia, distribucion o use de su contenido. Si ha recibido este mensaje por error,favor de informarnos inmediatamente y le rogamos que destruya el mensaje y cualquier copia que posea. 1