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HomeMy WebLinkAboutSUB201500168 Review Comments Easement Plat 2016-08-17Short Review Comments Report for: SUB201500168 — Houndstooth, Lots 2&3 - Easement SubApplication Type: Easement Plat Date Completed: 11/04/2015 Reviewer: Megan Yaniglos Division: Planning Review Status: Requested Changes Reviews Comments: Date Completed: Reviewer: Review Status: Reviews Comments: 1. A deed is required for this easement. Attached is an example document and information explaining easements and required deeds. .............................................................. 10/26/2015 Division: Engineering See Recommendations There appears to be adequate room to contain the drainage within the right-of-way. It is not clear why the ditch must encroach the home lot. Please address. Date Completed: 08/17/2016 Reviewer: Greg Kamptner Division: Unassigned Review Status: No Objection Reviews Comments: Page: 1 of 1 County of Albemarle Printed On: October 21, 2016 Megan Yaniglos From: Megan Yaniglos Sent: Thursday, July 07, 2016 3:15 PM To: 'Anita Ray Dunnivan' Cc: 'aamigoni@ajosephhomes.com'; rcarter@zmc-law.com Subject: RE: Houndstooth SUB2015-168 Attachments: attorney_comments2-1-16.pdf Good Afternoon, I am sorry, I didn't realize the question regarding the deed was in reference to the latest easement plat. The last note on the file had comments from the County Attorney that have not been addressed. Will need to have the deed approved prior to signing the plat. Megan Yaniglos, AICP Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From:Anita Ray Dunnivan [mailto:anitaray2@earthlink.net] Sent:Thursday,July 07, 2016 2:03 PM To: Megan Yaniglos<myaniglos@albemarle.org> Subject: Re: Houndstooth Hey Megan, We dropped off the final plat for signatures yesterday morning, just wanted to make sure it made it's way to you. Thanks, Anita From: Megan Yaniglos Sent: Tuesday, July 05, 2016 2:32 PM To: aamigoni©ajosephhomes,com ; rcarter@zmc-law.com Cc: Ray Brian ; Anita Ray Dunnivan Subject: RE: Houndstooth Good Afternoon, I am not sure if you figured this out or not, but looking at my records, we approved this plat last year. Below is a link to the plat and associated deed. You will need to work with VDOT to turn the road over for public use. http://www.albemarle.org/weblink/search.aspx?dbid=3&searchcommand=%7b%5bCDD- Planning%5d:%5bApplicationNumber%5d=%22SUB201300188%22%7d Thank you, Megan Yaniglos, AICP Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From:aamigoni@ajosephhomes.com [mailto:aamigoni@aiosephhomes.com] Sent:Thursday,June 30, 2016 11:06 AM To: Megan Yaniglos<myaniglos@albemarle.org>; rcarter@zmc-law.com Cc: Ray Brian<rwrinc@earthlink.net>; Anita Ray Dunnivan<anitaray2@earthlink.net> Subject: RE: Houndstooth Good Morning, I hope this email finds you well. I am paving Houndstooth Court this week, and am looking to start the process of turning this road over. I have this as an outstanding item on my punchlist, and just wanted to follow up to see about this status. Thanks again, AJ Amigoni 434.409.0927 From: Anita Ray Dunnivan [mailto:anitaray2@earthlink.net] Sent: Thursday, March 10, 2016 3:52 PM To: aamigoni@ajosephhomes.com Cc: Ray Brian Subject: Fw: Houndstooth A.J., Did you ever get approval for the drainage easement deed? Thanks, Anita From: Richard Carter Sent: Thursday, February 04, 2016 11:28 AM To: Megan Yaniglos ; Roger W. Ray&Assoc., Inc. Cc: aamigoni@ajosephhomes.com ; anitaray2@earthlink.net Subject: RE: Houndstooth See attached. 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. 2 From: Megan Yaniglos [mailto:myaniglos@albemarle.org] Sent:Wednesday, February 03, 2016 12:22 PM To: Richard Carter<RCarter@zmc-law.com>; Roger W. Ray&Assoc., Inc. <rwrinc@earthlink.net> Cc: aamigoni@ajosephhomes.com; anitaray2@earthlink.net Subject: RE: Houndstooth See attached changes from County Attorney. Let me know if you have questions. Thank you, Megan Yaniglos, AICP Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Richard Carter [mailto:RCarter@zmc-law.com] Sent:Wednesday,January 06, 2016 8:43 AM To: Roger W. Ray&Assoc., Inc. <rwrinc@earthlink.net>; Megan Yaniglos<myaniglos@albemarle.org> Cc:aamigoni@aiosephhomes.com; anitaray2@earthlink.net Subject: RE: Houndstooth See revised easement attached. 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: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent:Tuesday,January 05, 2016 11:15 AM To: 'Megan Yaniglos' <myaniglos@albemarle.org> Cc:aamigoni@ajosephhomes.com; Richard Carter<RCarter@zmc-law.com>; anitaray2@earthlink.net Subject: RE: Houndstooth Thanks Megan, sounds good to me. 3 Brian Ray, L.S. Roger W. Ray&Assoc., Inc. 1717-lb Allied Street Charlottesville,Virginia 22903 434-293-3195 tel. 434-293-4202 fax. rwrinc@earthlink.net raysurveying.com From: Megan Yaniglos [mailto:myaniglos@albemarle.orq] Sent: Tuesday, January 05, 2016 10:40 AM To: Roger W. Ray&Assoc., Inc. Cc: aamigoni@)ajosephhomes.com; 'Richard Carter'; anitaray2Ca earthlink.net Subject: RE: Houndstooth Hi Brian, I sent this question onto the County Attorney and Glenn, and we don't have any issues. Greg gave the language, copied below, that he said could be used as alternative language for you in this situation. Let me know if you have questions. 8. Restrictions. The Easement granted hereby is expressly made subject to any and all easements, conditions, restrictions and reservations contained in duly recorded deeds,plats and other instruments constituting constructive notice in the chain of title to the Property which have not expired by a time limitation contained therein or otherwise become ineffective. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modem alter, reconstruct, interfere with, disturb or otherwise change in any way any Improvement located within the Easement by installing trees, constructing or maintaining any road, or erecting any building,fence, retaining wall or other structure within the Easement. These restrictions shall not prohibit the location of a driveway, or underground pipes, wires, conduits or other such facilities within the Easement with the prior written consent of the Grantee, which shall not be unreasonably withheld, and which consent is hereby granted by the Grantee for the driveway that will serve Lot 2 that crosses the Easement,provided that the driveway does not adversely affect the proper functioning of the Easement. Megan Yaniglos, AICP Principal Planner Community Development Department Planning Services ph: 434.296.5832 ext. 3004 From: Roger W. Ray&Assoc., Inc. [mailto:rwrinc@earthlink.net] Sent:Tuesday,January 05, 2016 8:19 AM To: Megan Yaniglos<myaniglos@albemarle.org> Cc:aamigoni@ajosephhomes.com; 'Richard Carter'<RCarter@zmc-law.com>; anitaray2@earthlink.net Subject: Houndstooth Megan, I hope you are doing well. 4 Rick Carter has been working on the easement deed for the Houndstooth drainage easement using the template you sent. I noticed that the following language could be an issue: 8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement. Neither the Grantor nor any person acting under the Grantor's express or implied consent shall modem, alter, reconstruct, interfere with, disturb or otherwise change in any way the land within the Easement or any Improvement located within the Easement; and further provided that such persons shall not construct or maintain any roadway, or erect any building,fence, retaining wall or other structure within the Easement. The driveway for lot 2 crosses the proposed drainage easement. This language would seem to prohibit that. I don't think this should be an issue. We see many driveways with a culvert installed across drainage easements. Would you all be okay if we omit the "roadway"from this easement language? Thank you, Brian Ray, L.S. Roger W. Ray&Assoc., Inc. 1717-lb Allied Street Charlottesville,Virginia 22903 434-293-3195 tel. 434-293-4202 fax. rwrinc@earthlink.net raysurveying.com 5 Community Development Document Review County Attorney's Office TO: Mt/ , PROJECT N MBER: C-; t ,1 t c5 - tCT,CSAU L Att -c,i_ _ 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 Other: 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: t(I'4G- 1 (-O'c \ C: '') r h QC Pe._i v--L,i` .e 0,---- t, "- --- 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. � ' .- Date: L p t !( 2. -� 1 i ::� Greg Kim i ,,i.-- 'n r Deputy County Attorney Community Development Document Review County Attorney's Office TO: $ Ltli'\ 4°V1, S PROJECT NUMBER: _ 4 ;_0 -- WO A roil You hav 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 Other: 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) 1V'Other(see P comment below) Comment: ip.�,L j{' t se 00 r deck v1( Late__ , M'se. I Cc SL)ry.5 (Z_. mp reVe r vA l \A 19-eAVO CC) - fl_ ° –� ( tet) • 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. 441114/... i 4 AI' Date: ( 1/ "/ 15 Greg Iia ' . er De. i . ty tto-y