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HomeMy WebLinkAboutSUB201300172 Correspondence 2017-02-10 Christopher Perez From: Christopher Perez Sent: Friday, February 10, 2017 10:14 AM To: Andy Herrick Cc: Erika Castillo Subject: RE: SUB201300172 Ivy Creek Donation— BLA Attachments: SUB2013-172 Approved Plat 2-10-17.pdf Andy, RE: SUB201300172 Ivy Creek Donation—BLA The plat has been signed and was hand delivered to Erika. Attached is a scanned copy, which has also been entered into CV for our records. thanks 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:Wednesday, February 08, 2017 8:55 AM To:Christopher Perez<cperez@albemarle.org> Subject: RE:SUB201300172 Ivy Creek Donation—BLA Chris, All the documents for the proposed Langhorne donation to the Ivy Creek Natural Area have now been fully approved and signed, except for the subdivision agent's signature on the plat. 'I'o whom should I route that plat for subdivision agent approval? 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:Christopher Perez Sent: Friday,April 1, 2016 8:43 AM To:Andy Herrick<aherrick@albemarle.org> Cc: Erika Castillo<ecastillo@albemarle.org>; David Benish <DBENISH@albemarle.org> Subject:SUB201300172 Ivy Creek Donation—BLA Andy, SUB201300172 Ivy Creek Donation—BLA 1 err Yes, this is the same plat that I reviewed back on Feb 23, 2016 and had no objections to. I still have no objections to it. I will note that the owners have not signed nor notarized the plat. Per your email below and a previous email dated 10-23-2015 this plat and deed also needs to go to the BOS for consideration prior to County approval of the plat. Thus the owners need to sign and notarize the plat and resubmit it and then we'll schedule it to the BOS. Instead of giving it back to the applicant's legal advisor I suggest having the owners come into your office and sign it with our notaries to avoid more time from passing. Once the BOS gives the documents the thumbs up then Tom Foley can sign the plat and the deed. After we have Tom's signature then the subdivision agent can sign it(approving it). After which the plat and deed shall be recorded in the clerk's office. I'll return the plat to you now. Thanks for letting me review it. Christopher P. Perez 1 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:Tuesday, March 29, 2016 4:32 PM To: Davies,Allyson<daviesa@charlottesville.org>; 'swmurphy@mcguirewoods.com'<swmurphy@mcguirewoods.com> Cc: Erika Castillo<ecastillo@albemarle.org>; Ronan, Barbara<ronan@charlottesville.org> Subject: RE: Langhorne Donation of Land - Ivy Creek Natural Area Counsel, Thanks for the latest revised deed and plat. Though the proposed Deed of Gift attached to the prior message appears consistentwith what we've discussed previously, I'd suggest updating the dates in each of the notary clauses. I'm also forwarding the proposed updated plat to our Community Development Department to make sure that it is also in acceptable form. Once we have that confirmation,we'll need the donor's signatures on the deed and plat before taking the proposed donation to the Board of Supervisors for its consideration. I'll be back in touch once our Community Development Department has had a chance to review the latest proposed plat. 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: Ronan, Barbara [mailto:ronan@charlottesville.org] Sent:Tuesday, March 29, 2016 1:52 PM To:Andy Herrick<aherrick@albemarle.org>; Davies,Allyson<daviesa@charlottesville.org> Cc: 'swmurphy@mcguirewoods.com' <swmurphy@mcguirewoods.com>; Erika Castillo<ecastillo@albemarle.org> Subject: Langhorne Donation of Land - Ivy Creek Natural Area 2 vow ',vow Andy—Chris Gensic of our Parks& Rec department is dropping off 2 sets of the final boundary line adjustment plat for the Ivy Creek Natural Area land donation by Mrs. Langhorne. Attached is what I believe to be the final version of the Deed of Gift. I didn't want to get Craig's signature on it until I confirmed that there are no other changes to the Deed of Gift. Let me know you need anything further from our office to keep this process moving. Barbara Barbara K. Ronan, Paralegal City Attorney's Office 970-3131 3 Christopher Perez From: Christopher Perez Sent: Friday, April 01, 2016 8:43 AM To: Andy Herrick Cc: Erika Castillo; David Benish Subject: SUB201300172 Ivy Creek Donation— BLAa\J A -0,� And . "44 Qs/1 �� wt= 5 re..../fr." --10•.1 7 SUB201 ! i Ivy Cr eek on I „ -s,this is the same plat that I reviewed back on Feb 23, 2016 and had no objections to. I still have no objections to it. I will note that the owners have not signed nor notarized the plat. Per your email below and a previous email dated 10-23-2015 this plat and deed also needs to go to the BOS for consideration prior to County approval of the plat. Thus the owners need to sign and notarize the plat and resubmit it and then we'll schedule it to the BOS. Instead of giving it back to the applicant's legal advisor I suggest having the owners come into your office and sign it with our notaries to avoid more time from passing. 'Once the BOS gives the documents the thumbs up then Tom Foley can sign the plat and the deed. After we have Tom's signature then the subdivision agent can sign it(approving it). After which the plat and deed shall be recorded in the clerk's office. I'll return the plat to you now. Thanks for letting me review it. Christopher P.Perez I Senior Planner Department of Community Development County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From:Andy Herrick Sent:Tuesday, March 29, 2016 4:32 PM To: Davies, Allyson <daviesa@charlottesville.org>; 'swmurphy@mcguirewoods.com' <swmurphy@mcguirewoods.com> Cc: Erika Castillo <ecastillo@albemarle.org>; Ronan, Barbara <ronan@charlottesville.org> Subject: RE: Langhorne Donation of Land - Ivy Creek Natural Area Counsel, Thanks for the latest revised deed and plat. Though the proposed Deed of Gift attached to the prior message appears consistent with what we've discussed previously, I'd suggest updating the dates in each of the notary clauses. I'm also forwarding the proposed updated plat to our Community Development.Department to make sure that it is also in acceptable force. Once we have that confirmation,we'll need the donor's signatures on the deed and plat before taking the proposed donation to the Board of Supervisors for its consideration. I'll be back in touch once our Community Development Department has had a chance to review the latest proposed plat. Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle 1 M � (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 von. From: Ronan, Barbara [mailto:ronan@charlottesville.org] Sent:Tuesday, March 29, 2016 1:52 PM To: Andy Herrick<aherrick@albemarle.org>; Davies, Allyson <daviesa@charlottesville.org> Cc: 'swmurphy@mcguirewoods.com' <swmurphy@mcguirewoods.com>; Erika Castillo <ecastillo@albemarle.org> Subject: Langhorne Donation of Land - Ivy Creek Natural Area Andy—Chris Gensic of our Parks & Rec department is dropping off 2 sets of the final boundary line adjustment plat for the Ivy Creek Natural Area land donation by Mrs. Langhorne. Attached is what I believe to be the final version of the Deed of Gift. I didn't want to get Craig's signature on it until I confirmed that there are no other changes to the Deed of Gift. Let me know you need anything further from our office to keep this process moving. Barbara Barbara K. Ronan, Paralegal City Attorney's Office 970-3131 2 New Christopher Perez From: Gensic, Chris<GENSIC@charlottesville.org> Sent: Monday, February 22, 2016 3:26 PM To: Ronan, Barbara; Christopher Perez Cc: Andy Herrick Subject: Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Attachments: 16 0222 C13135C-01 BLA(1).pdf; 16 0222 C13135C-01 BLA(2).pdf Please let us know if the attached updated plat is satisfactory to complete the donation of land to the City/County by Ivy Creek. Thank you, >✓ ` "* � _ Chris Gensic Parks Dept. eir From: Cheryl Stockton [mailto:cstockton@daa.com] Sent: Monday, February 22, 2016 3:06 PM To: Gensic, Chris Subject: RE: SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Please see the attached revised plat. From:Gensic,Chris [mailto:GENSIC@charlottesville.org] Sent:Tuesday, February 16, 2016 11:28 AM To:Cheryl Stockton <cstockton@daa.com> Subject: FW:SUB2013-172 Ivy Creek Donation- BLA Donation of Land to City and County for Ivy Creek Natural Area Cheryl Can you please adjust the Ivy Creek land acq plat as noted from County comments just below? Thanks, Chris SUB2013-172 Ivy Creek Donation-BLA I have looked over the plat and offer the following review: 1. [14-303(A)] Statement of consent to division. Changes to the State Code and to th ounty of Albemarle Subdivision Ordinance require changes to the consent to division statement. Please revise the atement to read: "The platting or dedication of the following described land[insert correct description of the la c subdivided] is with free consent and in accordance with the desire of the undersigned owners,proprietors and tru ees, if any."Revise. If the applicant would like to continue utilizing the previous ordinance language: "Any reference to future potential development is to be deemed as theoretical. All statements affixed to this plat are true and correct to the best of my knowledge."Please utilize it as a separate note on the plat.Revise. 2. [Comment] Also, I'll note that the plat which was attached to your email is the April 2014 PDF version ich I wrote on. It's my opinion that a clean copy should be taken to the BOS and recorded in the Clerk's Office. 1 Otherwise I see nothing else that needs addressing. From: Ronan, Barbara Sent: Friday, February 12, 2016 4:39 PM To: Gensic, Chris Subject: FW: SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Chris—We hired Draper Aden to do the plat on the Langhorne donation, right? Apparently, the County Planner wants changes to the first page (follow the e-mail chain down to Chris Perez's comments) of the plat. Can you arrange for Cheryl to make those changes? Barbara From: Davies, Allyson Sent: Friday, February 12, 2016 4:09 PM To: Ronan, Barbara Subject: FW: SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area From: Murphy, Stephen W. [mailto:swmurphy@mcguirewoods.com] Sent: Friday, February 12, 2016 11:43 AM To: Davies, Allyson Cc: 'Erika Castillo'; 'Andy Herrick' Subject: RE: SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Allyson: I'm just following up on this. I believe that the original survey and plat that showed the division was prepared by a surveyor at the request of the City of Charlottesville. Can the City arrange to have the revised plat prepared? /Steve Stephen W. Murphy Associate McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville,VA 22902-1288 T: +1434.977.2538 M: +1434.825.3388 F: +1434.980.2266 swmurphy@mcguirewoods.com Bio I VCard I www.mcguirewoods.com 2 Nee From: Murphy, Stephen W. Sent: Wednesday, February 03, 2016 11:57 PM To: 'Davies, Allyson' Cc: Erika Castillo; 'Andy Herrick' Subject: RE: SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Allyson: I'm just following up on this. I believe that the original survey and plat that showed the division was prepared by a surveyor at the request of the City of Charlottesville. Can the City arrange to have the revised plat prepared? /Steve Stephen W. Murphy T:+1434.977.2538 I M: +1434.825.3388 From: Andy Herrick [mailto:aherrick@albemarle.org] Sent: Friday, January 22, 2016 12:05 PM To: Murphy, Stephen W.; 'Davies, Allyson' Cc: Erika Castillo Subject: RE: SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Steve, Thanks for your message. I honestly don't know who commissioned Draper Aden to perform the Ivy Creek plat/survey. I'll have to defer to Allyson and you on that. 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 are requested to delete this message immediately and notify me that you have received this by mistake. Thank von. From: Murphy,Stephen W. [mailto:swmurphy@mcguirewoods.com] Sent:Thursday,January 21, 2016 4:54 PM To:Andy Herrick<aherrick@albemarle.org>; 'Davies,Allyson' <daviesa@charlottesville.org> Cc: Erika Castillo<ecastillo@albemarle.org> Subject: RE: SUB2013-172 Ivy Creek Donation- BLA Donation of Land to City and County for Ivy Creek Natural Area All: Thank you for following up on this. (I realize that you may not be able to respond to this until after the impending blizzard has passed.) 3 • I understand that there needs to be a revision to the plat. I believe that the original survey and plat that showed the division was prepared by a surveyor at the request of the City of Charlottesville. Can the City arrange to have the revised plat prepared? The appraiser is standing by, and he only needs an effective date once we are ready to move forward. /Steve Stephen W. Murphy Associate McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville,VA 22902-1288 T: +1434.977.2538 M:+1434.825.3388 F: +1434.980.2266 swmurphy@mcguirewoods.com Bio I VCard I www.mcguirewoods.com From: Andy Herrick [mailto:aherrickOalbemarle.orq] Sent: Monday, January 11, 2016 1:12 PM To: Murphy, Stephen W.; 'Davies, Allyson' Cc: Erika Castillo Subject: RE: SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Counsel, Here's where I understood we left matters with the proposed Ivy Creek donation. Let us know if the plat has been revised, or if you need anything else from the County at this point. 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 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 26, 2015 4:51 PM To: 'swmurphy@mcguirewoods.com'<swmurphy@mcguirewoods.com>; Davies,Allyson<daviesa@charlottesville.org> Cc: Ronan, Barbara<ronan@charlottesville.org> Subject: RE:SUB2013-172 Ivy Creek Donation- BLA Donation of Land to City and County for Ivy Creek Natural Area Counsel, 4 Nvose I confirmed that the County is still interested in the proposed donation of the property adjacent to the Ivy Creek Natural Area. County Planner Christopher Perez is suggesting certain revisions to the plat.(below). Once those changes are made and the plat revised, we'll need to also revise the "last revised" plat date reference in the deed before it is also signed. Let me know of any questions or concerns. Otherwise, I'll leave it to Steve and his client to revise the plat in accordance with the suggestions below. 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:Christopher Perez Sent: Monday,October 26, 2015 8:57 AM To:Andy Herrick<aherrick@albemarle.org> Cc: Larry Davis<LDavis@albemarle.org>; David Benish<DBENISH@albemarle.org>; Bob Crickenberger <BCRICKE@albemarle.org>; Dan Mahon<DMAHON@albemarle.org> Subject:SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Andy, SUB2013-172 Ivy Creek Donation-BLA I have looked over the plat and offer the following review: 1. [14-303(A)] Statement of consent to division. Changes to t , tate Code and to the County of Albemarle Subdivision Ordinance require changes to the consent to division state -nt.Please revise the statement to read: "The platting or dedication of the following described land[insert corm�t description of the land subdivided]is with free consent and in accordance with the desire of the undersigned owne ,proprietors and trustees, if any."Revise. If the applicant would like to continue utilizin t'he previous ordinance language: "Any reference to future potential development is to be deemed as theoretical. ;'11 statements affixed to this plat are true and correct to the best of my knowledge. "Please utilize it as a separat- ote on the plat.Revise. 2. [Comment] Also,I'll note that th, plat which was attached to your email is the April 2014 PDF version which I wrote on. It's my opinion that a clean co',3/should be taken to the BOS and recorded in the Clerk's Office. Otherwise I see nothing el - at needs addressing. Christopher P.Perez Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road(Charlottesville,VA 22902 434.296.5832 ext.3443 From:Andy Herrick Sent:Tuesday,June 2, 2015 8:14 AM To: Murphy,Stephen W.<swmurphy@mcguirewoods.com> Cc: Davies,Allyson<daviesa@charlottesville.org>; Erika Castillo<ecastillo@albemarle.org>; Gensic, Chris 5 '*4spe 110.0 <GENSIC@charlottesville.org>; Marsha Davis<MDavis02@albemarle.org>; Ronan, Barbara <ronan@charlottesville.org> Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Steve, Thanks for our message. As far as I know,we were actually waiting on you to follow-up with the appraisers. (See attached messages.) Could you give us a status update on the appraisal? Thanks. Andy Herrick Sr. Asst. County Attorney County of Albemarle (434) 972-4067 Notice: This entail niay contain attorney-client privileged infomiation,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: Murphy,Stephen W. [mailto:swmurphv@mcguirewoods.com] Sent: Monday,June 01,2015 4:59 PM To:Gensic,Chris; Marsha Davis; Ronan, Barbara Cc: Davies,Allyson;Andy Herrick; Erika Castillo; Langhorne, Elizabeth (Art) (langhornee@mail.ccsu.edu) Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area All: I am following up on this. Our firm represents Elizabeth Langhorne, and we are anxious to move this along. Please let me know the status when you have a moment. Thank you. /Steve Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538(Direct Line) 434.980.2266 (Fax) swmurphy(a�mcquirewoods.com http://www.mcquirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Gensic, Chris [mailto:GENSICCa charlottesville.orq] Sent: Friday, April 24, 2015 12:25 PM To: 'Marsha Davis'; Murphy, Stephen W.; Ronan, Barbara Cc: Davies, Allyson; Andy Herrick; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Marsha, Checking in to see if there is further progress on this land acquisition and what the next steps may be going forward. I saw the adjacent owner today (with the septic field) and he asked me for an update. 6 imre Thanks, Chris From: Marsha Davis [mailto:MDavis02@albemarle.org] Sent: Friday, August 22, 2014 12:29 PM To: Murphy, Stephen W.; Ronan, Barbara Cc: Gensic, Chris; Davies, Allyson; Andy Herrick; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Andy Herrick and Erika Castillo in this office will be working on this, so I am copying them on this email. Thank you, Marsha Marsha A. Davis Legal Services Assistant Albemarle County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 (434) 972-4067 ext. 3266 marshadavisalbemarle.orq From: Murphy, Stephen W. [mailto:swmurphy@@ mcguirewoods.com] Sent: Friday, August 22, 2014 11:56 AM To: Ronan, Barbara; Marsha Davis Cc: Gensic, Chris; Davies, Allyson Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Barbara: Thank you for sending these documents. I have three overall comments which might be helpful to address now. On page 2, regarding Mr. Carver's release of his easement,the deed recites that Mr. Carver is already the owner of certain property. We plan to draw up a second deed,which will reference this same plat, which will actually convey that 1+acres to Mr. Carver. I bring this up now because I am wondering your office's thoughts on the best way to time this transaction. We might file all of the deeds together, so that Mr. Carver's deed can also refer to the plat. And because this might affect the recitals regarding his extinguishment of his rights, I wanted to bring this up now, so the City and the County can weigh in. Second, I usually take the position that the trust is not a legal entity, whereas the trustee is. Accordingly,the signature line would not be for the trust, by Elizabeth, but would rather be by Elizabeth, as trustee, as follows: GRANTOR: Elizabeth L. Langhorne,Trustee of The Elizabeth L. Langhorne Revocable Trust Third, I plan to put her signature on a separate page, apart from the text,to allow her to sign pending any final revisions. Let me know if you have any questions. Thank you. /Steve 7 *00 Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538 (Direct Line) 434.980.2266 (Fax) swmurphy(a�mcquirewoods.com http://www.mcquirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Ronan, Barbara [mailto:ronan@charlottesville.orq] Sent: Thursday, August 21, 2014 2:59 PM To: Marsha Davis; Murphy, Stephen W. Cc: Gensic, Chris; Davies, Allyson Subject: Donation of Land to City and County for Ivy Creek Natural Area Dear Marsha and Mr. Murphy: Attached are several files related to the proposed donation of 4.015 acres of land to the City and Albemarle County by the Elizabeth L. Langhorne Revocable Trust.The land is adjacent to Ivy Creek Natural Area and the attached Boundary Line Adjustment plat will combine this parcel of land with the Ivy Creek Natural Area parcel. I have attached the memo, draft Deed of Gift,and the Title Summary for your review. We ordered a title search but not a title commitment yet. Mr. Murphy, I understand you represent Elizabeth Langhorne in this transaction and have requested to review the Deed of Gift at this time. Mrs. Langhorne is understandably anxious to close on this land transfer since it was first proposed in the spring of 2013. Allyson Davies, Deputy City Attorney, is representing the City in this transaction,and I am sending it to Marsha Davis (Legal Assistant) in the County Attorney's Office because I'm not sure which County attorney it will be assigned to. Please let me know if anyone has suggested changes to the Deed of Gift,or has questions about anything in the memo. Barbara Barbara K. Ronan, Paralegal Charlottesville City Attorney's Office P.O. Box 911 Charlottesville, VA 22902 Tel:434.970.3131 Fax:434.970.3022 ronan@charlottesville.orq This e-mail from McGuire Woods may contain confidential or privileged information. If you are not the intended recipient,please advise by return e-mail and delete immediately without reading or forwarding to others. 8 Noe Christopher Perez From: Christopher Perez Sent: Monday, October 26, 2015 8:57 AM To: Andy Herrick Cc: Larry Davis; David Benish; Bob Crickenberger; Dan Mahon Subject: SUB2013-172 Ivy Creek Donation - BLA Donation of Land to City and County for Ivy Creek Natural Area Andy, SUB2013-172 Ivy Creek Donation-BLA I have looked over the plat and offer the following review: 1. [14-303(A)] Statement of consent to division. Changes to the State Code and to the County of Albemarle Subdivision Ordinance require changes to the consent to division statement. Please revise the statement to read: "The platting or dedication of the following described land[insert correct description of the land subdivided]is with free consent and in accordance with the desire of the undersigned owners,proprietors and trustees, if any. "Revise. If the applicant would like to continue utilizing the previous ordinance language: "Any reference to future potential development is to be deemed as theoretical.All statements affixed to this plat are true and correct to the best of my knowledge. "Please utilize it as a separate note on the plat.Revise. 2. [Comment] Also, I'll note that the plat which was attached to your email is the April 2014 PDF version which I wrote on. It's my opinion that a clean copy should be taken to the BOS and recorded in the Clerk's Office. Otherwise I see nothing else that needs addressing. Christopher P.Perez I Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From: Dan Mahon Sent: Monday,October 26, 2015 7:44 AM To:Andy Herrick<aherrick@albemarle.org>; Bob Crickenberger<BCRICKE@albemarle.org>; Christopher Perez <cperez@albemarle.org> Cc: Larry Davis<LDavis@albemarle.org> Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Andy, I have reviewed the offer letter, plat and deed, and don't find anything disagreeable with this. Dan Mahon Park and Trail Planner Greenway/Blueway Coordinator Albemarle County Department of Parks and Recreation 1 Christopher Perez La 2-0 13 1 f From: Andy Herrick . erect` DCA f 0,.t j3 C. Sent: Friday, October 23, 2015 3:39 PM To: Bob Crickenberger; Christopher Perez Cc: Larry Davis; Dan Mahon Subject: FW: Donation of Land to City and County for Ivy Creek Natural Area Attachments: Ivy Creek Donation by Mrs. Langhorne; Langhorne Trust-Deed of Gift 10-22-2015.doc; 4-23-14 plat version.pdf 1s1 — _ 9. f —PP Gentlemen, 5 d0 As you may recall, the owner of Parcel 44-120 has offered to donate that parcel to the City and County for addition to the Ivy Creek Natural Area. After many months, we've finally received what I consider to be an acceptable deed of gift. However, so much time has passed since our initial review that I wanted to check back in with both Parks& Rec and Community Development to make sure that we're all ready to proceed with acceptance of this proposed donation. I've let the City and the donor know that the final version of the deed and plat would be subject to Board of Supervisors' approval and acceptance. I.et me know If therc's_anytliing c,lsc that nc eds doing bc)'carse.we take thisdeed and_ flat to the Board for consideration. 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 nie that you have received this by mistake. Thank you. From:Andy Herrick Sent:Tuesday,June 2, 2015 8:14 AM To: Murphy, Stephen W. <swmurphy@mcguirewoods.com> Cc: Davies,Allyson<daviesa@charlottesville.org>; Erika Castillo<ecastillo@albemarle.org>; Gensic, Chris <GENSIC@charlottesville.org>; Marsha Davis<MDavis02@albemarle.org>; Ronan, Barbara <ronan@charlottesville.org> Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Steve, Thanks for our message. As far as I know, we were actually waiting on you to follow-up with the appraisers. (See attached messages.) Could you give us a status update on the appraisal? 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: Murphy,Stephen W. [mailto:swmurphy@mcguirewoods.com] Sent: Monday,June 01, 2015 4:59 PM To:Gensic, Chris; Marsha Davis; Ronan, Barbara 1 Cc: Davies,Allyson;Andy Herrick; Erika Castillo; Langhorne, Elizabeth (Art) (langhornee@mail.ccsu.edu) Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area All: I am following up on this. Our firm represents Elizabeth Langhorne, and we are anxious to move this along. Please let me know the status when you have a moment. Thank you. /Steve Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538 (Direct Line) 434.980.2266 (Fax) swmurphy(@.mcquirewoods.com http://www.mcquirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Gensic, Chris [mailto:GENSIC@charlottesville.orq] Sent: Friday, April 24, 2015 12:25 PM To: 'Marsha Davis'; Murphy, Stephen W.; Ronan, Barbara Cc: Davies, Allyson; Andy Herrick; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Marsha, Checking in to see if there is further progress on this land acquisition and what the next steps may be going forward. I saw the adjacent owner today (with the septic field) and he asked me for an update. Thanks, Chris From: Marsha Davis [mailto:MDavis02@albemarle.org] Sent: Friday, August 22, 2014 12:29 PM To: Murphy, Stephen W.; Ronan, Barbara Cc: Gensic, Chris; Davies, Allyson; Andy Herrick; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Andy Herrick and Erika Castillo in this office will be working on this, so I am copying them on this email. Thank you, Marsha Marsha A. Davis Legal Services Assistant Albemarle County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 (434) 972-4067 ext. 3266 2 Y marshadavisalbemarle.orq From: Murphy, Stephen W. [mailto:swmurphy©mcguirewoods.com] Sent: Friday, August 22, 2014 11:56 AM To: Ronan, Barbara; Marsha Davis Cc: Gensic, Chris; Davies, Allyson Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Barbara: Thank you for sending these documents. I have three overall comments which might be helpful to address now. On page 2, regarding Mr. Carver's release of his easement,the deed recites that Mr. Carver is already the owner of certain property. We plan to draw up a second deed,which will reference this same plat, which will actually convey that 1+acres to Mr. Carver. I bring this up now because I am wondering your office's thoughts on the best way to time this transaction. We might file all of the deeds together, so that Mr. Carver's deed can also refer to the plat. And because this might affect the recitals regarding his extinguishment of his rights, I wanted to bring this up now, so the City and the County can weigh in. Second, I usually take the position that the trust is not a legal entity, whereas the trustee is. Accordingly,the signature line would not be for the trust, by Elizabeth, but would rather be by Elizabeth, as trustee, as follows: GRANTOR: Elizabeth L. Langhorne,Trustee of The Elizabeth L. Langhorne Revocable Trust Third, I plan to put her signature on a separate page, apart from the text, to allow her to sign pending any final revisions. Let me know if you have any questions. Thank you. /Steve Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538 (Direct Line) 434.980.2266 (Fax) swmurphy(c�mcquirewoods.com http://www.mcquirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Ronan, Barbara [mailto:ronan©charlottesville.orq] Sent: Thursday, August 21, 2014 2:59 PM To: Marsha Davis; Murphy, Stephen W. Cc: Gensic, Chris; Davies, Allyson Subject: Donation of Land to City and County for Ivy Creek Natural Area Dear Marsha and Mr. Murphy: 3 Attached are several files related to the proposed donation of 4.015 acres of land to the City and Albemarle County by the Elizabeth L. Langhorne Revocable Trust.The land is adjacent to Ivy Creek Natural Area and the attached Boundary Line Adjustment plat will combine this parcel of land with the Ivy Creek Natural Area parcel. I have attached the memo, draft Deed of Gift, and the Title Summary for your review. We ordered a title search but not a title commitment yet. Mr. Murphy, I understand you represent Elizabeth Langhorne in this transaction and have requested to review the Deed of Gift at this time. Mrs. Langhorne is understandably anxious to close on this land transfer since it was first proposed in the spring of 2013. Allyson Davies, Deputy City Attorney, is representing the City in this transaction, and I am sending it to Marsha Davis (Legal Assistant) in the County Attorney's Office because I'm not sure which County attorney it will be assigned to. Please let me know if anyone has suggested changes to the Deed of Gift,or has questions about anything in the memo. Barbara Barbara K. Ronan, Paralegal Charlottesville City Attorney's Office P.O. Box 911 Charlottesville, VA 22902 Tel:434.970.3131 Fax:434.970.3022 ronan @charlottesville.orq 4 Christopher Perez From: Ronan, Barbara <ronan@charlottesville.org> Sent: Thursday, February 05, 2015 9:24 AM To: 'swmurphy@mcguirewoods.com' Cc: Andy Herrick; Davies, Allyson Subject: Ivy Creek Donation by Mrs. Langhorne Good morning, Steve—I am trying to update our file on the Langhorne donation of land to the City and County for the Ivy Creek Natural Area. As far as I know, the message shown below is the last one our office received. Can you give us a status update on the appraisal? Barbara Barbara K. Ronan, Paralegal Charlottesville City Attorney's Office P.O. Box 911 Charlottesville, VA 22902 Tel:434.970.3131 Fax:434.970.3022 ronan(a'charlottesville.orq From: Murphy, Stephen W. [mailto:swmurphy@mcguirewoods.com] Sent: Wednesday, September 10, 2014 2:22 PM To: Andy Herrick Cc: Ronan, Barbara; Christopher Perez; Langhorne, Elizabeth (Art) (langhornee@mail.ccsu.edu); Davies, Allyson Subject: RE: Ivy Creek donation--boundary line adjustment I just spoke with Chris, and he has clarified the issue of the plat and the addition of the parcels to the existing parcels. Based on this, I will follow up with the appraisers and see if they can proceed. I will be in touch when I know more. Thank you. /Steve Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538 (Direct Line) 434.980.2266 (Fax) swmurohy(a)mcguirewoods.com htto://www.mcguirewoods.com 1 Christopher Perez From: Christopher Perez Sent: Friday, December 12, 2014 11:07 AM To: Andy Herrick Subject: RE: Ivy Creek donation--boundary line adjustment Andy, Thanks for the update. I just wanted to give this project it's fair share of my attention before the new year. Christopher 1%Perez Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road Charlottesville.VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Friday, December 12, 2014 11:04 AM To: Christopher Perez Subject: FW: Ivy Creek donation--boundary line adjustment Chris, Here's the latest on SUB2013-172 Ivy Creek Donation-BLA plat. I've not yet heard back from the owner's attorney or the City since these earlier messages. I'll keep you posted. 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: Andy Herrick Sent: Wednesday, November 19, 2014 11:08 AM To: Ronan, Barbara Cc: Erika Castillo; Davies, Allyson Subject: RE: Ivy Creek donation--boundary line adjustment Barbara, I understand that you called our office about the proposed Langhorne donation. While the County's environmental questions have now been answered, I was under the impression (from the prior e-mail below) that we were waiting on the owner's attorney, perhaps for an appraisal. Let me know if you understand differently. 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. 1 From: Murphy, Stephen W. [mailto:swmurphy©mcguirewoods.com] Sent: Wednesday, September 10, 2014 2:22 PM To: Andy Herrick Cc: Ronan, Barbara; Christopher Perez; Langhorne, Elizabeth (Art) (Ianghornee(@mail.ccsu.edu); Davies, Allyson Subject: RE: Ivy Creek donation--boundary line adjustment I just spoke with Chris, and he has clarified the issue of the plat and the addition of the parcels to the existing parcels. Based on this, I will follow up with the appraisers and see if they can proceed. I will be in touch when I know more. Thank you. /Steve Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538 (Direct Line) 434.980.2266 (Fax) swmurphy(c�mcguirewoods.com http://www.mcguirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient please advise by return e-mail and delete immediately without reading or forwarding to others. From: Murphy, Stephen W. Sent: Wednesday, September 10, 2014 2:13 PM To: 'Andy Herrick' Cc: 'Ronan, Barbara'; 'Christopher Perez'; Langhorne, Elizabeth (Art) (langhornee@ mail.ccsu.edu); 'Davies, Allyson' Subject: RE: Ivy Creek donation--boundary line adjustment Andy: Am I reading Christopher Perez' email correctly that we will need the deed and plat first(that is, our transaction needs to be completed),and only then the County can approve of the division? The concern I have is that we will need an appraisal in order to move forward with the donation,and the appraisers say they cannot do an appraisal if there is no approval from the County of the division, because it is their understanding that this subdivision itself does not comply with the law. Perhaps the fact that the plat has been reviewed and is waiting a final approval might make a difference? I see that Christopher Perez is also copied on this email. He can also weigh in on his thoughts of how to proceed or how to word this so that the appraisers understand the status. Is there a reason why the subdivision in this case complies with the ordinance? Perhaps if I can show the appraisers that this does not actually violate the ordinance,then whether or not the County has officially approved it,then they will feel comfortable proceeding. Sorry for the complication. Let me know your thoughts. 2 I Steve Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538 (Direct Line) 434.980.2266 (Fax) swmurphy(amcguirewoods.com http://www.mcguirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Andy Herrick [mailto:aherrick(aalbemarle.orq] Sent: Thursday, September 04, 2014 8:54 AM To: Davies, Allyson; Murphy, Stephen W. Cc: Ronan, Barbara; Christopher Perez Subject: RE: Ivy Creek donation--boundary line adjustment Allyson and Steve, By way of update on the proposed Langhorne addition to the Ivy Creek Natural Area, I asked around on our end to verify that the County's Department of Community Development had reviewed and approved the subdivision/boundary line adjustments proposed. Senior Planner Christopher Perez responded with the following helpful information and a revised plat (attached). I have also revised the attached deed accordingly. Let me know what else you might need from us at this point. 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: Christopher Perez Sent: Wednesday, September 03, 2014 10:55 AM To: Christopher Perez; Andy Herrick Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment Andy, Sorry I forgot one additional item: Page 1 of the deed, last paragraph, the plat referenced in the deed is dated as September 24, 2013. While this is true,the plat was last revised 4-23-2014. That should be reflected in the deed. Thanks Christopher P.Perez Senior Planner Department of Community Development;County of Albemarle,Virginia 401 McIntire Road i Charlottesville,VA 22902 434.296.5832 ext.3443 3 From: Christopher Perez Sent: Wednesday, September 03, 2014 10:47 AM To: Andy Herrick Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment Andy, I looked over the plat and the deed, I offer the following observations: 1)Upon review of the plat and deed, the ownership listed in the deed matches what is depicted on the plat. On the plat the applicant has provided signature lines for the "City of Charlottesville" and the "County of Albemarle, C/O Finance Administration Room 149, 401 Mcintire Road, Charlottesville VA 22902-4596"and "Elizabeth L. Langhorne, Trustee" and "Gregory K Carver". Prior to approval of the plat Ms. Langhorne must sign the plat and the deed, and Mr. Carver must sign the plat. The City's S. Craig Brown(City Attorney) must sign the plat and the deed. Also, Tom Foley must sign the deed. I figure the subdivision agent, Mark Graham can sign the plat for the County, unless you feel Tom Foley should also sign the plat? Notably, Mark Graham or his designee is required to approve the plat by signing the "Agent for the Board of Supervisors" signature line once all the above is completed. So yes,I need the signed/notarized deed and the signed/notarized plat prior to approval of the plat. Chrictouter leo Perez Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McEntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Wednesday, September 03, 2014 8:56 AM To: Christopher Perez Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment Chris, Thanks for the confirmation. FYI, attached is the most recent draft deed. Let me know if you need the final version of the deed before giving final approval to the plat. 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: Christopher Perez Sent: Wednesday, September 03, 2014 8:50 AM To: Ron Higgins; Amelia McCulley; Andy Herrick Cc: Erika Castillo; Megan Yaniglos Subject: RE: Ivy Creek donation--boundary line adjustment 4 All, The plat is listed under SUB201300172 Ivy Creek Donation - BLA. This plat has been in our office since 2013 and has been reviewed twice and meets the requirements of the subdivision ordinance. My last review of the plat came on 4-25-14, with the following as my last comment: "All platting issues have been addressed, except the ownership for the county which should match that of the deed. Once the deed is drafted assure the plat matches. " Thus we've just been waiting for the deed to verify the ownership matches that shown on the plat. Also this proposal went through a Comp Plan Compliance Review (CCP201400003 was approved by the BOS on July 15, 2014). CCP201400003 — action memo: http://www.albemarle.org/upload/image s/Forms_Center/Departments/Community_Developmen t/Forms/PC Action_Memos/2014/FINAL_PC_07_15_2014_action_memo.pdf hri.t€ ates°P Perez Senior Planner Department of Community Development 1County of Albemarle.Virginia 401 McIntire Road 1 Charlottesville.VA 22902 434.296.5832 ext.3443 5 Christopher Perez From: Andy Herrick Sent: Monday, September 01, 2014 9:32 AM To: Murphy, Stephen W.; Ronan, Barbara Cc: Larry Davis; Davies, Allyson; Bob Crickenberger; Erika Castillo; Ron Higgins; Christopher Perez Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Attachments: Langhorne Trust- Donation of Land Deed -County revisions.docx Barbara and Steve, Thanks for your messages. Between you, you've raised a number of issues: 1. Tenancy in Common - I'm amenable to naming the City and County as tenants in common, and have made that change to the attached deed. 2. Combination of Lots - I've also added suggested language to the deed to combine the donated Lot X1 with the existing ICNA property. 3. Foundation support-When taking this proposed donation to the Board of Supervisors, it would help us to provide a letter or resolution of support from the Ivy Creek Foundation. 4. Environmental Assessment - Given the size and location of the proposed donation, I'm inclined to accept the recommendation of the City's Environmental Sustainability Manager, and not seek a further environmental assessment. However, I'll defer to anyone who thinks that a Phase I is necessary. 5. County approval - I'm told that the County's Department of Community Development has reviewed and conditionally approved the proposed subdivision of Parcel 45-8. For its part, on July 15, the County's Planning Commission "found this site for the addition of the subject property to the ICNA in substantial accord with the Comp Plan" (CCP-2014-0003). I've copied those in CD who are most familiar with this review to see if they have anything to add. 6. Sequence of conveyances - After considering Steve's message below, I agree that the conveyance of Lot X2 to Mr. Carver should be recorded first, followed by the conveyance of Lot X1 to the City and County. However, this sequence will require a rewording of the deeds' references to the plats. Mr. Carver's deed would reference the plat"recorded herewith,"while the deed to the City and County would now refer to the plat"recorded immediately prior hereto." Hope that all makes sense. Let me know if you have any questions or would like to discuss further. 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: Murphy, Stephen W. [mailto:swmurphy@mcguirewoods.com] Sent:Thursday, August 28, 2014 1:33 PM To: Ronan, Barbara; Andy Herrick Cc: Larry Davis; Davies, Allyson; Bob Crickenberger; Marsha Davis; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area All: 1 Thank you for your work on this. As I mentioned to Barbara,we are having an appraisal done so we can qualify this gift for the income tax charitable deduction. Jim Waite at Pape and Company says that because the 1+acre, as a separate parcel,would not conform to the zoning requirements of the area (which presumably require a minimum of 2 acres), then they will need to see that the County has agreed to this division before they can prepare the appraisal that refers to the division. I am wondering if this can be solved by conveying the 1-acre parcel to Mr.Carver first to join with his lot,with a recital in the deed that the County has agreed to the transfer. This would leave a 4-acre parcel. The alternative,of conveying the 4-acre parcel first, would cause the problem of having a 1-acre lot exist, even temporarily. Even so,we may need the zoning board's approval. I welcome your thoughts. We obviously want to minimize the administrative steps, but we also want to make sure we properly transfer the parcels. /Steve Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538 (Direct Line) 434.980.2266 (Fax) swmurohy(a mcquirewoods.com htto://www.mcguirewoods.com This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Ronan, Barbara [mailto:ronanCa�charlottesville.orq] Sent: Thursday, August 28, 2014 11:49 AM To: 'Andy Herrick'; Murphy, Stephen W. Cc: Larry Davis; Davies, Allyson; Bob Crickenberger; Marsha Davis; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Andy, et al.—The Ivy Creek Natural Area property was also conveyed to the City and County as tenants in common—do we need to put that in the deed? Also,the plat indicates that the conveyed property(Lot X1)will be combined with the main Ivy Creek Natural Area parcel—is there any requirement to include that fact in the deed or does the plat suffice? Chris Gensic says the ICNA Board is aware of and supports the conveyance, but there is nothing in writing. He can get a letter from them if we want. The City's Environmental Sustainability Manager, Kristel Riddervold,stated the following: Based on a site visit and visual assessment conducted on the subject property, and a review of historical aerial photos, there are no apparent environmental concerns associated with this property. No further environmental investigation appears necessary at this time and the acquisition of the property is supported by this office. The City has not had any Phase I ESA study done on the property. Barbara From: Andy Herrick [mailto:aherrickCc�albemarle.orq] Sent: Thursday, August 28, 2014 11:39 AM 2 To: Murphy, Stephen W.; Ronan, Barbara Cc: Larry Davis; Davies, Allyson; Bob Crickenberger; Marsha Davis; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Barbara and Steve, Larry alerted me that the earlier proposed deed was silent as to title warranty. I have revised the deed to add a general warranty and English covenants of title, the same warranty that the Grantor herself received. Also, has any environmental assessment of the property been performed? We'd be interested in seeing any environmental assessments, or discussing how best to address that. 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: Thursday, August 28, 2014 11:10 AM To: Murphy, Stephen W.; Ronan, Barbara Cc: Larry Davis; Davies, Allyson; Bob Crickenberger; Marsha Davis; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Barbara and Steve, Thanks for your messages and your work on this deed. I agree with Steve's comments and have incorporated both his suggested revisions and my own in the attached revised deed. Let me know of any corrections or further suggestions for this deed. Also, do we know whether the Ivy Creek Foundation has been involved in this proposed conveyance? We'd like to make sure that they know and approve of this proposed conveyance as well. Once they've approved and we've reached agreement on the final deed language, let us know how you'd like to proceed. Thanks again. 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: Marsha Davis Sent: Friday, August 22, 2014 12:29 PM To: Murphy, Stephen W.; Ronan, Barbara Cc: Gensic, Chris; Davies, Allyson; Andy Herrick; Erika Castillo Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area 3 Andy Herrick and Erika Castillo in this office will be working on this, so I am copying them on this email. Thank you, Marsha Marsha A. Davis Legal Services Assistant Albemarle County Attorney's Office 401 McIntire Road Charlottesville, VA 22902 (434) 972-4067 ext. 3266 marshadavis@albemarle.org From: Murphy, Stephen W. [mailto:swmurphyOmcguirewoods.com] Sent: Friday, August 22, 2014 11:56 AM To: Ronan, Barbara; Marsha Davis Cc: Gensic, Chris; Davies, Allyson Subject: RE: Donation of Land to City and County for Ivy Creek Natural Area Barbara: Thank you for sending these documents. I have three overall comments which might be helpful to address now. On page 2, regarding Mr. Carver's release of his easement,the deed recites that Mr. Carver is already the owner of certain property. We plan to draw up a second deed,which will reference this same plat, which will actually convey that 1+acres to Mr. Carver. I bring this up now because I am wondering your office's thoughts on the best way to time this transaction. We might file all of the deeds together, so that Mr. Carver's deed can also refer to the plat. And because this might affect the recitals regarding his extinguishment of his rights, I wanted to bring this up now,so the City and the County can weigh in. Second, I usually take the position that the trust is not a legal entity,whereas the trustee is. Accordingly,the signature line would not be for the trust, by Elizabeth, but would rather be by Elizabeth, as trustee, as follows: GRANTOR: Elizabeth L. Langhorne,Trustee of The Elizabeth L. Langhorne Revocable Trust Third, I plan to put her signature on a separate page, apart from the text,to allow her to sign pending any final revisions. Let me know if you have any questions. Thank you. /Steve Stephen W. Murphy McGuireWoods LLP Court Square Building 310 Fourth Street, N.E. Suite 300 Charlottesville, VA 22902-1288 434.977.2538 (Direct Line) 434.980.2266(Fax) swmurphv(c mcauirewoods.com http://www.mcguirewoods.com 4 r 7 This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return e-mail and delete immediately without reading or forwarding to others. From: Ronan, Barbara [mailto:ronanftcharlottesville.orq] Sent: Thursday, August 21, 2014 2:59 PM To: Marsha Davis; Murphy, Stephen W. Cc: Gensic, Chris; Davies, Allyson Subject: Donation of Land to City and County for Ivy Creek Natural Area Dear Marsha and Mr. Murphy: Attached are several files related to the proposed donation of 4.015 acres of land to the City and Albemarle County by the Elizabeth L. Langhorne Revocable Trust.The land is adjacent to Ivy Creek Natural Area and the attached Boundary Line Adjustment plat will combine this parcel of land with the Ivy Creek Natural Area parcel. I have attached the memo, draft Deed of Gift, and the Title Summary for your review. We ordered a title search but not a title commitment yet. Mr. Murphy, I understand you represent Elizabeth Langhorne in this transaction and have requested to review the Deed of Gift at this time. Mrs. Langhorne is understandably anxious to close on this land transfer since it was first proposed in the spring of 2013. Allyson Davies, Deputy City Attorney, is representing the City in this transaction,and I am sending it to Marsha Davis (Legal Assistant) in the County Attorney's Office because I'm not sure which County attorney it will be assigned to. Please let me know if anyone has suggested changes to the Deed of Gift, or has questions about anything in the memo. Barbara Barbara K. Ronan, Paralegal Charlottesville City Attorney's Office P.O. Box 911 Charlottesville, VA 22902 Tel:434.970.3131 Fax:434.970.3022 ron an(acharlottesville.orq 5 Christopher Perez From: Christopher Perez Sent: Wednesday, September 03, 2014 10:55 AM To: Christopher Perez; Andy Herrick Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment Andy, Sorry I forgot one additional item: Page 1 of the deed, last paragraph,the plat referenced in the deed is dated as September 24, 2013. While this is true,the plat was last revised 4-23-2014. That should be reflected in the deed. Thanks Christopher P.Perez j Senior Planner Department of Community Development!County of Albemarle.Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 From: Christopher Perez Sent: Wednesday, September 03, 2014 10:47 AM To: Andy Herrick Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment Andy, I looked over the plat and the deed, I offer the following observations: 1)Upon review of the plat and deed, the ownership listed in the deed matches what is depicted on the plat. On the plat the applicant has provided signature lines for the "City of Charlottesville" and the "County of Albemarle, C/O Finance Administration Room 149, 401 Mcintire Road, Charlottesville VA 22902-4596"and "Elizabeth L. Langhorne, Trustee"and "Gregory K Carver". Prior to approval of the plat Ms. Langhorne must sign the plat and the deed, and Mr. Carver must sign the plat. The City's S. Craig Brown(City Attorney) must sign the plat and the deed. Also, Tom Foley must sign the deed. I figure the subdivision agent, Mark Graham can sign the plat for the County, unless you feel Tom Foley should also sign the plat? Notably, Mark Graham or his designee is required to approve the plat by signing the"Agent for the Board of Supervisors" signature line once all the above is completed. So yes,I need the signed/notarized deed and the signed/notarized plat prior to approval of the plat. Christopher P.Perez!Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road!Charlottesville.VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Wednesday, September 03, 2014 8:56 AM To: Christopher Perez Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment 1 Christopher Perez From: Christopher Perez Sent: Wednesday, September 03, 2014 10:47 AM To: Andy Herrick Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment Andy, I looked over the plat and the deed, I offer the following observations: 1)Upon review of the plat and deed,the ownership listed in the deed matches what is depicted on the plat. On the plat the applicant has provided signature lines for the "City of Charlottesville" and the "County of Albemarle, C/O Finance Administration Room 149, 401 Mcintire Road, Charlottesville VA 22902-4596"and "Elizabeth L. Langhorne, Trustee"and "Gregory K. Carver". Prior to approval of the plat Ms. Langhorne must sign the plat and the deed, and Mr. Carver must sign the plat. The City's S. Craig Brown(City Attorney) must sign the plat and the deed. Also, Tom Foley must sign the deed. I figure the subdivision agent, Mark Graham can sign the plat for the County, unless you feel Tom Foley should also sign the plat? Notably, Mark Graham or his designee is required to approve the plat by signing the"Agent for the Board of Supervisors" signature line once all the above is completed. So yes,I need the signed/notarized deed and the signed/notarized plat prior to approval of the plat. Christopher P.Perez;Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road!Charlottesville,VA 22902 434.296.5832 ext.3443 From: Andy Herrick Sent: Wednesday, September 03, 2014 8:56 AM To: Christopher Perez Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment Chris, Thanks for the confirmation. FYI, attached is the most recent draft deed. Let me know if you need the final version of the deed before giving final approval to the plat. 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: Christopher Perez Sent: Wednesday, September 03, 2014 8:50 AM To: Ron Higgins; Amelia McCulley; Andy Herrick Cc: Erika Castillo; Megan Yaniglos Subject: RE: Ivy Creek donation--boundary line adjustment 1 Christopher Perez From: Andy Herrick Sent: Wednesday, September 03, 2014 8:56 AM To: Christopher Perez Cc: Larry Davis; Ron Higgins; Amelia McCulley Subject: RE: Ivy Creek donation--boundary line adjustment Attachments: Langhorne Trust- Donation of Land Deed -County revisions.docx Chris, Thanks for the confirmation. FYI, attached is the most recent draft deed. Let me know if you need the final version of the deed before giving final approval to the plat. 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: Christopher Perez Sent: Wednesday, September 03, 2014 8:50 AM To: Ron Higgins; Amelia McCulley; Andy Herrick Cc: Erika Castillo; Megan Yaniglos Subject: RE: Ivy Creek donation--boundary line adjustment All, The plat is listed under SUB201300172 Ivy Creek Donation - BLA. This plat has been in our office since 2013 and has been reviewed twice and meets the requirements of the subdivision ordinance. My last review of the plat came on 4-25-14, with the following as my last comment: "All platting issues have been addressed, except the ownership for the county which should match that of the deed Once the deed is drafted assure the plat matches. " Thus we've just been waiting for the deed to verify the ownership matches that shown on the plat. Also this proposal went through a Comp Plan Compliance Review (CCP201400003 was approved by the BOS on July 15, 2014). CCP201400003 — action memo: http://www.albemarle.org/upload/images/Forms_Center/Departments/Community_Developmen t/Forms/PC Action Memos/2014/FINAL_PC 07 15_2014action memo.pdf Christopher P. Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Ron Higgins Sent: Tuesday, September 02, 2014 6:47 PM To: Amelia McCulley; Megan Yaniglos 1 Prepared by Charlottesville City Attorney's Office Tax Map Parcel 45-8(Ivy Creek Natural Area) This deed is exempt from recordation taxes pursuant to Va.Code Sec.58.1-811(A)(3)and Sec.58.1-811(D) and from the Circuit Court Clerk's fees under Virginia Code§17.1-266 ilj."S THIS DEED OF GIFT, made and entered into this day of � , 2014, by and between ELIZABETH L. LANGHORNE, as Trustee ofunder THE ?if' ELIZABETH L. LANGHORNE 2002 REVOCABLE T UST ("Langhorne"), GRANTOR, and the CITY OF CHARLOTTESVILLE, VIRG IA, a municipal corporation and political subdivision of the Commonwealth of Virginia (the "City"), whose address is P.O. Box 911, Charlottesville,Virginia 22902,and the COUNTY OF ALBEMARL ;VIRGINIA, a political -)\-. otoc - subdivision of the Commonwealth of Virginia (the "County"), whose address is 401 McIntire Road, Charlottesville, Virginia 22902, collectively the GRANTS '' w .'t , .e • ama's f' " '0,1#1,0`)01.4 aay1,2d " - _ o r, k.t under WITNESSETH: en Yp, Ptit2 at 114l t t o fvVc'+w9#*4tti ap to AsiC,04e raid That for and in consideration of the sum of One Dollar ($1.00), the receipt of which is ofhitea t ait� .ut std Lot hereby acknowledged, GRANTOR does hereby GIVE, GRANT and CONVEY with .J- G( GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the GRANTEE, as tenants in common,-the following described real estate,hereinafter referred to as the"Property": All that certain tract of land, _ -•, : - : -, •- :, with improvements thereon and appurtenances thereto, situate- in •e County of Albemarle, Virginia, adjacent to the • eek Na ral re. antaininl 4.015 acres,more or less, . .:': :- : 1= show • Lo 1 on. sebdMsieri-plat by Draper Aden Associates, dated e i tember 24, 20, : --: -- • :recorded " immediately prior hereto :•: ••::- 4: , and BEING a portion of the same property conveyed to �•_ _. _ . -- -: - T-ttstGrantor herein by deed from Elizabeth L. Langho z dated September 5, )/V•t (f)c•'-' 2007,-recorded in the Clerk's Office for the Circuit Court of A arle County in Ae__ - t I Deed Book 3526,pages 646-657. F-1)t Now- Noe' The Property conveyed herein is hereby com ned with the existing Ivy Creek Natural Area (Albemarle County Parcel 04500-00-00-00 00), and any property lines between the Property conveyed herein and said Parcel are her y vacated. The conveyance of this Property is subject to the 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 hereby conveyed which have not expired by a limitation of time contained therein or have not otherwise become ineffective. . . I .. dated November 29, 1945, of record in the Albemarle County Circuit Court Clcrk'-s Office in IN WITNESS WHEREOF, Elizabeth L. Langhorne has signed this Deed of Gift as Trustee fefunder The Elizabeth L.Langhorne 2002 Revocable Trust. wee GRANTOR: ELIZABETH L.LANGHORNE REVOCABLE TRUST By: Elizabeth L.Langhorne,Trustee under The Elizabeth L.Langhorne 2002 Rev cable Trust {Formatted:Indent:Left: 2.5" COMMONWEALTH OF VIRGINIA City of Charlottesville,to-wit: The foregoing instrument was acknowledged before me,a Notary Public in and for the aforesaid City and Commonwealth,by Elizabeth L.Langhorne,Trustee_,er and on behalf efunder The Elizabeth L.Langhorne 2002 Revocable Trust,on this day of ,2014. Notary Public Registration No.: 'Qom? Noe IN WITNESS WHEREOF,Gregory K.Carver,as owner of the adjoining property at •- 1945,of record in the Albemarle County Circuit Court Clerk's Office in Deed Book 265,Page 348 F Formatted:Line spacing: Double By: Gregory K.Carver e ,,.. . _ - e ' _ '. aforesaid City and Commonwealth,by Gregory K.Carver on this day of ,2014. Registration No.: Niwe The City of Charlottesville,acting by and through its City Attorney,the City official designated by the City Manager pursuant to authority granted by resolution of the City Council of the City of Charlottesville,does hereby accept the conveyance of this property,pursuant to Virginia Code Section 15.2-1803,as evidenced by the City Attorney's signature hereto and the City's recordation of this deed. Accepted by: CITY OF CHARLOTTESVILLE,VIRGINIA (SEAL) S.Craig Brown,City Attorney STA IL OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: The foregoing instrument was acknowledged before me this day of ,2014,by S.Craig Brown,City Attorney for the City of Charlottesville. My commission expires: Registration No: Notary Public .140111W 'SW/ The County of Albemarle,Virginia,acting by and through its County Executive,the-County official-designatedduly authorized by resolution adopted by the Albemarle County Board of Supervisors,does hereby accept the conveyance of this property,pursuant to Virginia Code Section 15.2-1803,as evidenced by the County Executive's signature hereto and the recordation of this Deed. Accepted by: COUNTY OF ALBEMARLE,VIRGINIA (SEAL) Thomas C.Foley,County Executive STATE OF VIRGINIA CITY OF CHARLOTTESVILLE,to-wit: The foregoing instrument was acknowledged before me this day of ,2014,by Thomas C.Foley,County Executive for the County of Albemarle, Virginia. My commission expires: Notary Public Registration No: Approved as to form: Albemarle County Attorney Christopher Perez From: Christopher Perez Sent: Wednesday, June 25, 2014 4:53 PM To: Gensic, Chris; Cheryl Stockton (cstockton@daa.com) Cc: David Benish Subject:RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Mr. Genic/Ms. Stockton, Let this email stand as a response to David's inquiry about the technical details of the plat. After a look over the revised plat from Ms. Stockton from March 12th email, it appears the Development Rights note was correctly revised; however,the ownership note for the County should match that of the deed. At the very least it should be revised to omit the"C/O finance administration room 149"reference, and simply state: "County of Albemarle,Virginia. 401 McIntire Road Charlottesville VA 22902". Otherwise all platting issues have been addressed. Please make this small change. Thanks Christopher P.Perez I Senior Planner Department of Community Development iCounty of Albemarle.Virginia 401 McIntire Road(Charlottesville,VA 22902 434.296.5832 ext.3443 From: David Benish Sent: Wednesday, June 25, 2014 4:32 PM To: Gensic, Chris Cc: Christopher Perez Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Hey Chris, The Langhorne donation is scheduled for Planning Commission review on July 15th for the Commission to find it in compliance with the Comp Plan (as per 15.2 2232 of the State Code). I believe the only other major outstanding item to address is the Board's review of the deed conveying land to the County and City,as per Chris'e-mail from April (below).'; But please confirm with Christopher that all other technical items have been addressed. I don't know whether a draft of the deed has ever been sent to our County Attorney—we don't deal with that aspect of the conveyance (the deed) here in Planning--we've just reviewed the plat and Comp Plan compliance issue. Our County Attorney's Office would need to have the draft of the deed by next week (absolutely no later than 7/3) in order to have time to review the deed, make comments or corrections, and have a final draft of the deed and staff report ready for the August day meeting (8/6/14). Hope this helps. David From: Christopher Perez [mailto:cperez(aalbemarle.org; Sent: Monday, April 21, 2014 9:36 AM To: Gensic, Chris; Davies, Allyson; Cheryl Stockton (cstockton(adaa.com) Cc: Greg Kamptner; David Benish Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creel; l atural Area 1 Chris, Sounds good.As discussed in the 3-4-14 comment letter,comment#2,please provide the draft deed for conveyance for duel ownership(city/county). Once received I will forward it to the County Attorney for review/approval prior to scheduling this for the BOS Consent Agenda which will permit Tom Foley to accept the area per his signature on the deed. Also,with the submittal of the draft deed,please submit the revised plat that addresses all items in the comment letter. Excerpt from the 3-4-14 comment letter,comment#2: Because the County and the City jointly own the Ivy Creek Natural Area and it's assumed that this land also would be jointly owned,the land should be conveyed to the County and the City by deed. Mere recordation of the boundary line adjustment plat would be insufficient to convey an interest to the City under the State Subdivision Law because it is not a locality"in which the land lies" (Virginia Code 15.2-2265). A.If the conveyance is to the County and the City by deed,the deed would have to go to the Board of Supervisors to accept the conveyance(Virginia Code 15.2-1803). The matter could be on the consent agenda with an executive summary and a resolution authorizing Tom to accept the conveyance by his signature on the deed.Please advise how you wish to proceed?If you choose to move forward with a deed please provide a draft for County Attorney review/approval. Christopher P.Perez;Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICCa charlottesville.orq] Sent: Monday, April 21, 2014 8:55 AM To: Christopher Perez; Davies, Allyson; Cheryl Stockton (cstockton@daa.com) Cc: Greg Kamptner; David Benish Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Brian Daly says he would like this to be a jointly city-county owned parcel,so let's proceed in that direction. Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@ albemarle.org] Sent: Tuesday, March 18, 2014 12:33 PM To: Gensic, Chris; Davies, Allyson Cc: Greg Kamptner Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, 2 Not much has changed on my side of the fence since the initial comment letter except that the staff report for the Compliance Review is being written. See my response below in purple for more details. Christopher P. Peres I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA.22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICc charlottesville.orq] Sent:Tuesday, March 18, 2014 11:16 AM To: Christopher Perez; Davies, Allyson Subject: FW: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Have we been able to get a shared deed document for joint city/county review for this? I assume that your legal advisor is working directly with the County Attorney to remedy this requirement; however, at this point I have not received any feedback or questions from either of them. To be clear on this issue,I am not coordinating this effort, nor do I know what progress has been made in this effort, if any. Once you have a deed drafted provide it to me and I'll forward it to Greg Kamptner for review/approval. I've never donated a property to add to a jointly owned city/county property so I don't know how this is done. Is that the last step, or are there other issues to finalize to move this to closing? 1)As previously discussed in comment#1 your project is required to go through a Compliance Review and is anticipated to go on the Planning Commission's Consent agenda. David Benish is the contact person for this aspect of the project. He is currently working on the staff report, once the report is complete and the project is scheduled for a PC meeting I'll let you know so you can attend. 2) Also, comment#3 from the 3-444 comment letter has not been addressed. Once the plat's revised to address this comment staff shall re-review it to assure it's accurate. 3) Additional per your previous response on how you intend the ownership of the land to be transferred I believe your surveyor should revise the County's ownership listed on the plat from ii County of Albemarle, Virginia C/O Finance Administration Room 149 401 McIntire Road Charlottesville V.A 22902". to ii County of Albemarle, Virginia 401 McIntire Road Charlottesville VA 22902". Once your surveyor has remedied the above plating issues staff will need to review the changes. Please submit the revised piat for County review. Let me know if I can help in any way. 3 Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911,Charlottesville,VA 22902 www.charlottesville.org/trails From: Cheryl Stockton [mailto:cstocktonCa daa.com] Sent: Wednesday, March 12, 2014 11:15 AM To: Gensic, Chris Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Chris—I changed the note about development rights.Should I sit tight on the signature block and ownership note until the deed is complete? From:Gensic, Chris [mailto:GENSIC@charlottesville.org] Sent:Tuesday, March 04,2014 1:14 PM To:Christopher Perez; Ronan, Barbara Cc:Cheryl Stockton Subject: RE: Langhorne property-Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, I don't have a draft deed to use. Would you want a similar deed from the existing Ivy Creek that shows joint ownership? Not sure I can help with that one, maybe our attorney and yours will need to talk directly so they get exactly what they need. Barbara, who is(or will be)the attorney yon this one? I have not gotten the final approval memo signed as part of it has to be signed by the County in terms of zoning/subdivision approval. This will also be a bit different since it will be joint City/County ownership. Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@ albemarie.orq] Sent: Tuesday, March 04, 2014 12:59 PM To: Gensic, Chris Cc: CStockton(adaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation 4 Nitimo Chris, See my comments below in red. Thanks Christopher P.Perez Senior Planner Department of Community I)eveloprnent(County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICacharlottesville.orcl] Sent: Tuesday, March 04, 2014 12:38 PM To: Christopher Perez; CStocktonadaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Here is what I know in case it helps: We intend to use the area as natural space to expand the overall Ivy Creek area,and would have the same land use as the existing ICNA. It may or may not ever get a trail on it as the green trail loop is very nearby.This will buffer the existing natural area by keeping development as it currently exists along Lamb's Road. Slopes on the property would probably preclude development anyway, but I've not examined that. I believe this little write up will suffice for the staff report,thanks. I am happy to attend whichever PC meeting this goes to in case of any questions. I'll let you know which one it gets put on. Thanks My guess is we want to continue the joint city/county ownership and if the deed has to go to the BOS and City Council, that's fine, I can help coordinate that on our end. Do you have a draft deed for which the County Attorney can review? If so, please provide it. Thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez©albemarle.org] Sent: Tuesday, March 04, 2014 12:17 PM To: Gensic, Chris; CStocktondaa.com Subject: RE: Langhorne property- Lambs Road division for parkland donation Christ' Cheryl, Attached are my comments for the Ivy Creek Donation. If you have any ;bees` °_is on these please contact me. Thanks Christopher P.Perez Senior Planner 5 Noe Department of Community Development'County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICOcharlottesville.orq] Sent: Monday, February 24, 2014 8:38 AM To: Christopher Perez Subject: RE: Langhorne property- Lambs Road division for parkland donation Christopher, Do you have an update on this subdivision for park acquisition? thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez(aalbemarle.orq] Sent: Tuesday,January 21, 2014 4:11 PM To: Gensic, Chris Subject: RE: Langhorne property- Lambs Road division for parkland donation Chris, The land is zoned RA—rural areas. Also parkland use is by right...it does not require an SP. Notably I am still waiting on Greg Kamptner, County Attorney to weigh in on this proposal to determine if this needs a Compliance Review with the BOS being this will escentially be "new park land not previously shown in the comp plan". I'm await his guidance. Also, I'm waiting on the Parks and Rec department(Bob Crickenburger) in the County to comment/weigh in on this application. He was sent the documents on 12-20-13 and I have yet to receive any word from him. I just put in a call to him today to followup; however, he has already left for the day. Also, I have one platting issue/comment which needs to be addressed with regard to the incorrect development rights note on the plat. I plan to provide this to you once the above have been ironed out. Thanks hri topper Senior Planner Department of Community Development'County of Albemarle.Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSIC(. harlottesviile.org] Sent: Tuesday, January 21, 2014 3:36 PM 6 Aftwio To: Christopher Perez Subject: Langhorne property- Lambs Road division for parkland donation Christopher, Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a special use permit? Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 7 Christopher Perez From: David Benish Sent: Wednesday, June 25,2014 4:32 PM To: Gensic, Chris Cc: Christopher Perez Subject:RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Hey Chris, The Langhorne donation is scheduled for Planning Commission review on July 15th for the Commission to find it in compliance with the Comp Plan (as per 15.2 2232 of the State Code). I believe the only other major outstanding item to address is the Board's review of the deed conveying land to the County and City,as per Chris'e-mail from April (below). But please confirm with Christopher that all other technical items have been addressed. I don't know whether a draft of the deed has ever been sent to our County Attorney—we don't deal with that aspect of the conveyance (the deed) here in Planning--we've just reviewed the plat and Comp Plan compliance issue. Our County Attorney's Office would need to have the draft of the deed by next week (absolutely no later than 7/3) in order to have time to review the deed, make comments or corrections,and have a final draft of the deed and staff report ready for the August day meeting (8/6/14). Hope this helps. David From: Christopher Perez [mailto:cperez@albemarle.org] Sent: Monday, April 21, 2014 9:36 AM To: Gensic, Chris; Davies, Allyson; Cheryl Stockton (cstockton@daa.com) Cc: Greg Kamptner; David Benish Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, Sounds good.As discussed in the 3-4-14 comment letter, comment#2,please provide the draft deed for conveyance for duel ownership(city/county). Once received I will forward it to the County Attorney for review/approval prior to scheduling this for the BOS Consent Agenda which will permit Tom Foley to accept the area per his signature on the deed.Also,with the submittal of the draft deed,please submit the revised plat that addresses all items in the comment letter. Excerpt from the 3-4-14 comment letter,comment#2: Because the County and the City jointly own the Ivy Creek Natural Area and it's assumed that this land also would be jointly owned,the land should be conveyed to the County and the City by deed.Mere recordation of the boundary line adjustment plat would be insufficient to convey an interest to the City under the State Subdivision Law because it is not a locality"in which the land lies" (Virginia Code 15.2-2265). A.If the conveyance is to the County and the City by deed,the deed would have to go to the Board of Supervisors to accept the conveyance(Virginia Code 15.2-1803). The matter could be on the consent agenda with an executive summary and a resolution authorizing Tom to accept the conveyance by his signature on the deed. Please advise how you wish to proceed?If you choose to move forward with a deed please provide a draft for County Attorney review/approval. Ch°istopheer P.Pe. e:e Senior Planner Department of Community Development;County of Albemarle.Virginia 401 McIntire Road Charlottesville.VA 22902 1 Auie 4.40( 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICcharlottesville.orq] Sent: Monday, April 21, 2014 8:55 AM To: Christopher Perez; Davies, Allyson; Cheryl Stockton (cstockton(a daa.com) Cc: Greg Kamptner; David Benish Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Brian Daly says he would like this to be a jointly city-county owned parcel, so let's proceed in that direction. Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez(aalbemarle.orq] Sent: Tuesday, March 18, 2014 12:33 PM To: Gensic, Chris; Davies, Allyson Cc: Greg Kamptner Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, Not much has changed on my side of the fence since the initial comment letter except that the staff report for the Compliance Review is being written. See my response below in purple for more details. aChristopher P. Perez;Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road I Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSIC(&charlottesville.orq] Sent: Tuesday, March 18, 2014 11:16 AM To: Christopher Perez; Davies, Allyson Subject: FW: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Have we been able to get a shared deed document for joint city/county review for this? I assume that your legal advisor is working directly with the County Attorney to remedy this requirement; however, at this point I have not received any feedback or questions from either of them, To be clear on this issue, I am not coordinating this effort, nor do I know what progress has been made in this effort, if any. Once you have a deed drafted provide it to me and I'llforward it to Greg Kainptner for review/approval. I've never donated a property to add to a jointly owned city/county property so I don't know how this is done. 2 Is that the last step, or are there other issues to finalize to move this to closing? 1)As previously discussed in comment#1 your project is required to go through a Compliance Review and is anticipated to go on the Planning Commission's Consent agenda. David Benish is the contact person for this aspect of the project. He is currently working on the staff report, once the report is complete and the project is scheduled for a PC meeting I'll let you know so you can attend. 2) Also, comment#3 from the 3-4-14 comment letter has not been addressed. Once the plat's revised to address this comment staff shall re-review it to assure it's accurate. 3) Additional per your previous response on how you intend the ownership of the land to be transferred I believe your surveyor should revise the County's ownership listed on the plat from 4.4 County of Albemarle, Virginia C/O Finance Administration Room 149 401 McIntire Road Charlottesville VA 22902". to 44 County of Albemarle, Virginia 401 McIntire Road Charlottesville VA 22902". Once your surveyor has remedied the above plating issues staff will need to review the changes. Please submit the revised plat for County review. Let me know if I can help in any way. Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Cheryl Stockton [mailto:cstocktoradaa.com] Sent: Wednesday, March 12, 2014 11:15 AM To: Gensic, Chris Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Chris—I changed the note about development rights. Should I sit tight on the signature block and ownership note until the deed is complete? From: Gensic, Chris rmailto:GENSICPcharlottesville.org; Sent:Tuesday, March 04, 2014 1:14 PM To: Christopher Perez; Ronan, Barbara 3 011111 Cc: Cheryl Stockton Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, I don't have a draft deed to use. Would you want a similar deed from the existing Ivy Creek that shows joint ownership? Not sure I can help with that one, maybe our attorney and yours will need to talk directly so they get exactly what they need. Barbara,who is(or will be)the attorney yon this one? I have not gotten the final approval memo signed as part of it has to be signed by the County in terms of zoning/subdivision approval. This will also be a bit different since it will be joint City/County ownership. Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@ albemarle.orq] Sent: Tuesday, March 04, 2014 12:59 PM To: Gensic, Chris Cc: CStockton(adaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris, See my comments below in red. Thanks 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: Gensic, Chris [mailto:GENSIC@ charlottesville.org] Sent: Tuesday, March 04, 2014 12:38 PM To: Christopher Perez; CStockton©adaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Here is what I know in case it helps: We intend to use the area as natural space to expand the overall Ivy Creek area,and would have the same land use as the existing ICNA. It may or may not ever get a trail on it as the green trail loop is very nearby.This will buffer the existing natural area by keeping development as it currently exists along Lamb's Road.Slopes ori*the property would probably preclude development anyway, but I've not examined that. I believe this little write up will suffice for the staff report,thanks. 4 Nor- I am happy to attend whichever PC meeting this goes to in case of any questions. I'll let you know which one it gets put on. Thanks My guess is we want to continue the joint city/county ownership and if the deed has to go to the BOS and City Council, that's fine, I can help coordinate that on our end. Do you have a draft deed for which the County Attorney can review? If so, please provide it. Thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.ora/trails From: Christopher Perez [mailto:cperez@albemarle.orq] Sent:Tuesday, March 04, 2014 12:17 PM To: Gensic, Chris; CStocktondaa.com Subject: RE: Langhorne property- Lambs Road division for parkland donation Chris/ Cheryl, Attached are my comments for the Ivy Creek Donation. If you have any questions on these please contact me. Thanks Christopher P.Perez I Senior Planner Department of Community Development Count).of Albemarle,Virginia 401 McIntire Road I Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICCacharlottesville.orq] Sent: Monday, February 24, 2014 8:38 AM To: Christopher Perez Subject: RE: Langhorne property - Lambs Road division for parkland donation Christopher, Do you have an update on this subdivision for park acquisition? thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 5 From: Christopher Perez [mailto:cperezcaalbemarle.orq] Sent: Tuesday, January 21, 2014 4:11 PM To: Gensic, Chris Subject: RE: Langhorne property- Lambs Road division for parkland donation Chris, The land is zoned RA—rural areas. Also parkland use is by right...it does not require an SP. Notably'I am still waiting on Greg Kamptner, County Attorney to weigh in on this proposal to determine if this needs a Compliance Review with the BOS"being this will escentially be"new park land not previously shown in the comp plan".I'm await his guidance. Also, I'm waiting on the Parks and Rec department(Bob Crickenburger) in the County to comment/weigh in on this application. He was sent the documents on 12-20-13 and I have yet to receive any word from him. I just put in a call to him today to followup; however,he has already left for the day. Also, I have one platting issue/comment which needs to be addressed with regard to the incorrect development rights note on the plat. I plan to provide this to you once the above have been ironed out. Thanks Christopher P.Pm e7 j Senior Planner Department of Community Development!County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICCacharlottesville.orq]] Sent: Tuesday, January 21, 2014 3:36 PM To: Christopher Perez Subject: Langhorne property - Lambs Road division for parkland donation Christopher, Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a special use permit? Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 6 Christopher Perez From: Gensic, Chris [GENSIC@charlottesville.org] Sent: Tuesday, June 03, 2014 9:17 AM To: Christopher Perez; Davies, Allyson; Cheryl Stockton (cstockton@daa.com) Cc: Greg Kamptner; David Benish Subject:RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area I'd like a status update on this donation of parkland please. Are we at the point where we need to be circulating a draft deed of conveyance that lists both City and County as future owners? I am hopeful we can get this in front of the approval boards within the next month or so if at all possible so we can respond to the donator in a timely fashion. Thank you, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@albemarle.org] Sent: Monday, April 21, 2014 9:36 AM To: Gensic, Chris; Davies, Allyson; Cheryl Stockton (cstockton@daa.com) Cc: Greg Kamptner; David Benish Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, Sounds good.As discussed in.the 3-4-14 comment letter, comment#2,please provide the draft deed for conveyance for duel ownership(city/county). Once received I will forward it to the County Attorney for review!approval prior to scheduling this for the BOS Consent Agenda which will permit Tom Foley to accept the area per his signature on the deed.Also,with the submittal of the draft deed, please submit the revised plat that addresses all items in the comment letter. Excerpt from the 3-4-14 comment letter, comment#2: Because the County and the City jointly own the Ivy Creek Natural Area and it's assumed that this land also would be jointly owned,the land should be conveyed to the County and the City by deed. Mere recordation of the boundary line adjustment plat would be insufficient to convey an interest to the City under the State Subdivision Law because it is not a locality "in which the land lies" (Virginia Code 15.2-2265). A.If the conveyance is to the County and the City by deed,the deed would have to go to the Board of Supervisors to accept the conveyance(Virginia Code 15.2-1803). The matter could be on the consent agenda with an executive summary and a resolution authorizing Tom to accept the conveyance by his signature on the deed. Please advise how you wish to proceed?If you choose to move forward with a deed please provide a draft for County Attorney review/approval. ChristopherP,Perez'Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville.VA 22902 1 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSIC@charlottesville.org] Sent: Monday, April 21, 2014 8:55 AM To: Christopher Perez; Davies, Allyson; Cheryl Stockton (cstockton@daa.com) Cc: Greg Kamptner; David Benish Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Brian Daly says he would like this to be a jointly city-county owned parcel, so let's proceed in that direction. Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@ albemarle.orq] Sent:Tuesday, March 18, 2014 12:33 PM To: Gensic, Chris; Davies, Allyson Cc: Greg Kamptner Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, Not much has changed on my side of the fence since the initial comment letter except that the staff report for the Compliance Review is being written. See my response below in purple for more details. Christopher P,Pet e7 Senior Planner Department of Community Development County of Albemarle,Virginia 401 McIntire Road Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICc charlottesville.orq] Sent: Tuesday, March 18, 2014 11:16 AM To: Christopher Perez; Davies, Allyson Subject: FW: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Have we been able to get a shared deed document for,joint city/county review for this? I assume that your legal advisor is working directly with the County Attorney to remedy this requirement; however, at this point f have not received any feedback or questions from either of them. To be clear on this issue, I am not coordinating this effort, nor do I know what progress has been made in this effort. ifanany. Once you have a deed drafted provide it to inc and I'ddforward it to Greg Kamptner for review/aprovaL I've never donated a property to add to a jointly owned city/couniv property so I don't know how this is done. 2 Is that the last step, or are there other issues to finalize to move this to closing? 1)As previously discussed in comment#1 your project is required to go through a Compliance Review and is anticipated to go on the Planning Commission's Consent agenda. David Benish is the contact person for this aspect of the project. He is currently working on the staff report, once the report is complete and the project is scheduled for a PC meeting I'll let you know so you can attend. 2) Also, comment#3 from the 3-4-14 comment letter has not been addressed. Once the plat's revised to address this comment staff shall re-review it to assure it's accurate. 3) Additional per your previous response on how you intend the ownership of the land to be transferred I believe your surveyor should revise the County's ownership listed on the plat from County of Albemarle, Virginia C/O Finance Administration Room 149 401 McIntire Road Charlottesville VA 22902". to County of Albemarle, Virginia 401 McIntire Road Charlottesville VA 22902". Once your surveyor has remedied the above plating issues staff will need to review the changes. Please submit the revised plat for County review. Let me know if I can help in any way. Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Cheryl Stockton [mailto:cstockton(adaa.com] Sent: Wednesday, March 12, 2014 11:15 AM To: Gensic, Chris Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Chris—I changed the note about development rights. Should I sit tight on the signature block and ownership note until the deed is complete? From:Gensic, Chris [rnailto:GENSICPcharlotteFv:liE.o-g] Sent:Tuesday, March 04, 2014 1:14 PM To: Christopher Perez; Ronan, Barbara 3 voe Cc:Cheryl Stockton Subject: RE: Langhorne property-Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, I don't have a draft deed to use. Would you want a similar deed from the existing Ivy Creek that shows joint ownership? Not sure I can help with that one, maybe our attorney and yours will need to talk directly so they get exactly what they need. Barbara,who is(or will be)the attorney yon this one? I have not gotten the final approval memo signed as part of it has to be signed by the County in terms of zoning/subdivision approval. This will also be a bit different since it will be joint City/County ownership. Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez(&albemarle.orq] Sent: Tuesday, March 04, 2014 12:59 PM To: Gensic, Chris Cc: CStocktondaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris, See my comments below in red. Thanks Christopher~P.Perez j Senior Planner Department of Community Development!County of Albemarle.Virginia 401 Mclntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICCacharlottesville.orq] Sent: Tuesday, March 04, 2014 12:38 PM To: Christopher Perez; CStockton(adaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Here is what I know in case it helps: We intend to use the area as natural space to expand the overall Ivy Creek area,and would have the same land use as the existing ICNA. It may or may not ever get a trail on it as the green trail loop is very nearby.This will buffer the existing natural area by keeping development as it currently exists along Lamb's Road.Slopes on the property would probably preclude development anyway, but I've not examined that. I believe this little write up wilt suffice for the staff report,thanks. 4 I am happy to attend whichever PC meeting this goes to in case of any questions. I'll let you know which one it gets put on. Thanks My guess is we want to continue the joint city/county ownership and if the deed has to go to the BOS and City Council, that's fine, I can help coordinate that on our end. Do you have a draft deed for which the County Attorney can review? If so,please provide it. Thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperezCaalbemarle.orq] Sent:Tuesday, March 04, 2014 12:17 PM To: Gensic, Chris; CStocktonOdaa.com Subject: RE: Langhorne property- Lambs Road division for parkland donation Chris/ Cheryl, Attached are my comments for the Ivy Creek Donation. If you have any questions on these please contact me. Thanks Christopher P.Perez j Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICa charlottesville.orq] Sent: Monday, February 24, 2014 8:38 AM To: Christopher Perez Subject: RE: Langhorne property - Lambs Road division for parkland donation Christopher, Do you have an update on this subdivision for park acquisition? thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/t-aiis 5 From: Christopher Perez [mailto:cperezalbemarle.orq] Sent:Tuesday, January 21, 2014 4:11 PM To: Gensic, Chris Subject: RE: Langhorne property- Lambs Road division for parkland donation Chris, The land is zoned RA—rural areas. Also parkland use is by right...it does not require an SP. Notably I am still waiting on Greg Kamptner, County Attorney to weigh in on this proposal to determine if this needs a Compliance Review with the BOS being this will essentially be "new park land not previously shown in the comp plan", I'm await his guidance. Also, I'm waiting on the Parks and Rec department(Bob Crickenburger) in the County to comment/weigh in on this application. He was sent the documents on 12-20-13 and I have yet to receive any word from him. I just put in a call to him today to followup; however, he has already left for the day. Also, I have one platting issue/comment which needs to be addressed with regard to the incorrect development rights note on the plat. I plan to provide this to you once the above have been ironed out. Thanks Christopher P.Pe ez!Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road!Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICcharlottesville.orq] Sent: Tuesday, January 21, 2014 3:36 PM To: Christopher Perez Subject: Langhorne property- Lambs Road division for parkland donation Christopher, Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a special use permit? Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 6 Christopher Perez From: Cheryl Stockton [cstockton@daa.com] Sent: Wednesday, April 23, 2014 10:34 AM To: Christopher Perez Cc: Gensic, Chris Subject:RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Attachments: C13135C-01 BLA-Sh 2.pdf; C13135C-01 BLA-Sh 1.pdf Chris. Please see the attached revised plat for your review and us know if that plats are ready for owner signatures and submittal for County approval. Thanks e5 , uic, i l Cheryl Stockton,L.S. Survey Team Leader Draper Aden Associates Engineering•Surveying•Environmental Services Lasting Positive Impact phone 434.295.0700/fax 434.295.2105/mobile 434.872.3071/direct dial 434.284.4780 www.daa.com All the Stormwater News That's Fit to Print-The Inlet Please consider the environment before printing this email From:Gensic, Chris [mailto:GENSIC@charlottesville.org] Sent: Monday,April 21, 2014 8:55 AM To:Christopher Perez; Davies,Allyson; Cheryl Stockton Cc:Greg Kamptner; David Benish Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Brian Daly says he would like this to be a jointly city-county owned parcel,so let's proceed in that direction. Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.J. Box 911, Charlottesville,VA 22902 www.charlottesvilie.org!trails 1 From: Christopher Perez [mailto:cperezalbemarle.orq] Sent: Tuesday, March 18, 2014 12:33 PM To: Gensic, Chris; Davies, Allyson Cc: Greg Kamptner Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, Not much has changed on my side of the fence since the initial comment letter except that the staff report for the Compliance Review is being written. See my response below in purple for more details. Christopher P.Perez Senior Planner Department of Community Development ICounty of Albemarle,Virginia 401 McIntire Road i Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICCacharlottesville.orq] Sent: Tuesday, March 18, 2014 11:16 AM To: Christopher Perez; Davies, Allyson Subject: FW: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Have we been able to get a shared deed document for joint city/county review for this? I assume that your legal advisor is working directly with the County Attorney to remedy this requirement; however, at this point I have not received any feedback or questions from either of them. To be clear on this issue, I am not coordinating this effort, nor do I know what progress has been made in this effort, if any. Once you have a deed drafted provide it to me and I'll forward it to Greg Kamptner for review/approval. I've never donated a property to add to a jointly owned city/county property so I don't know how this is done. Is that the last step, or are there other issues to finalize to move this to closing? 1)As previously discussed in comment#1 your project is required to go through a Compliance Review and is anticipated to go on the Planning Commission's Consent agenda. David Benish is the contact person for this aspect of the project. He is currently working on the staff report, once the report is complete and the project is scheduled for a PC meeting I'll let you know so you can attend. 2) Also, comment#3 from the 3-4-14 comment letter has not been addressed. Once the plat's revised to address this comment staff shall re-review it to assure it's accurate. 3) Additional per your previous response on how you intend the ownership of the land to be transferred I believe your surveyor should revise the County's ownership listed on the plat from 44 County of Albemarle, Virginia C/O Finance Administration Room 149 401 McIntire Road Charlottesville VA 22902". to lG County of Albemarle, Virginia 2 Nape Noe 401 McIntire Road Charlottesville VA 22902". Once your surveyor has remedied the above plating issues staff will need to review the changes. Please submit the revised plat for County review. Let me know if I can help in any way. Thanks. Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Cheryl Stockton [mailto:cstockton@daa.com] Sent: Wednesday, March 12, 2014 11:15 AM To: Gensic, Chris Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Chris—I changed the note about development rights.Should I sit tight on the signature block and ownership note until the deed is complete? From:Gensic, Chris [mailto:GENSIC( charlottesville.org] Sent:Tuesday, March 04, 2014 1:14 PM To:Christopher Perez; Ronan, Barbara Cc:Cheryl Stockton Subject: RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, I don't have a draft deed to use. Would you want a similar deed from the existing Ivy Creek that shows joint ownership? Not sure I can help with that one, maybe our attorney and yours will need to talk directly so they get exactly what they need. Barbara, who is (or will be)the attorney yon this one? I have not gotten the final approval memo signed as part of it has to be signed by the County in terms of zoning/subdivision approval. This will also be a bit different since it will be joint City/County ownership. Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 3 Department of Community Development'County of Albemarle,Virginia 401 McIntire Road'Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICCa charlottesville.orq] Sent:Tuesday,January 21, 2014 3:36 PM To: Christopher Perez Subject: Langhorne property- Lambs Road division for parkland donation Christopher, Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a special use permit? Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 6 Christopher Perez From: Christopher Perez Sent: Tuesday, March 18, 2014 12:33 PM To: Gensic, Chris'; Davies, Allyson Cc: Greg Kamptner Subject:RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Attachments: CD1 SUB201300172 3-4-14.pdf Chris, Not much has changed on my side of the fence since the initial comment letter except that the staff report for the Compliance Review is being written. See my response below in purple for more details. Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSIC@charlottesville.org] Sent: Tuesday, March 18, 2014 11:16 AM To: Christopher Perez; Davies, Allyson Subject: FW: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Have we been able to get a shared deed document for joint city/county review for this? I assume that your legal advisor is working directly with the County Attorney to remedy this requirement; however, at this point I have not received any feedback or questions from either of them. To be clear on this issue, I am not coordinating this effort, nor do I know what progress has been made in this effort, if any. Once you have a deed drafted provide it to me and I'llforward it to Greg Kamptner for review/approval. I've never donated a property to add to a jointly owned city/county property so I don't know how this is done. Is that the last step, or are there other issues to finalize to move this to closing? 1)As previously discussed in comment#1 your project is required to go through a Compliance Review and is anticipated to go on the Planning Commission's Consent agenda. David Benish is the contact person for this aspect of the project. He is currently working on the staff report, once the report is complete and the project is scheduled for a PC meeting I'll let you know so you can attend. so, comment#3 from the 3-4-14 comment letter has not been addressed. Once the plat's revised to 12„) addressV' this comment staff shall re-review it to assure it's accurate. Vel- wq`)- i-)it. 3) Additional per your previous response on how you intend the ownership of the land to be transferred I believe your surveyor should revise the County's ownership listed on the plat from County of Albemarle,Virginia C/O Finance Administration Room 149 401 McIntire Road Charlottesville VA 22902". 1 to 45 TVA / (4_ County of Albemarle, Virginia 401 McIntire Road Charlottesville VA 22902". 4v. Once your surveyor has remedied the above plating issues staff will need to review the changes. Please submit the revised plat for County review. Let me know if I can help in any way. Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Cheryl Stockton [mailto:cstocktonOdaa.com] Sent: Wednesday, March 12, 2014 11:15 AM To: Gensic, Chris Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Chris—I changed the note about development rights. Should I sit tight on the signature block and ownership note until the deed is complete? From:Gensic,Chris [mailto:GENSIC@charlottesville.org] Sent:Tuesday, March 04, 2014 1:14 PM To:Christopher Perez; Ronan, Barbara Cc:Cheryl Stockton Subject: RE: Langhorne property-Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, I don't have a draft deed to use. Would you want a similar deed from the existing Ivy Creek that shows joint ownership? Not sure I can help with that one, maybe our attorney and yours will need to talk directly so they get exactly what they need. Barbara,who is(or will be)the attorney yon this one? I have not gotten the final approval memo signed as part of it has to be signed by the County in terms of zoning/subdivision approval. This will also be a bit different since it will be joint City/County ownership. Chris Gensic Park and Trails Planner City of Charlottesville 2 awe 41000 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperezOalbemarle.orq] Sent: Tuesday, March 04, 2014 12:59 PM To: Gensic, Chris Cc: CStockton(adaa.com Subject: RE: Langhorne property- Lambs Road division for parkland donation Chris, See my comments below in red. Thanks Christopher P.Perez I Senior Planner Department of Community Development 1County of Albemarle,Virginia 401 McIntire Road 1 Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSIC a@ charlottesville.orq] Sent: Tuesday, March 04, 2014 12:38 PM To: Christopher Perez; CStockton( daa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Here is what I know in case it helps: We intend to use the area as natural space to expand the overall Ivy Creek area,and would have the same land use as the existing ICNA. It may or may not ever get a trail on it as the green trail loop is very nearby.This will buffer the existing natural area by keeping development as it currently exists along Lamb's Road. Slopes on the property would probably preclude development anyway, but I've not examined that. I believe this little write up will suffice for the staff report,thanks. I am happy to attend whichever PC meeting this goes to in case of any questions. I'll let you know which one it gets put on. Thanks My guess is we want to continue the joint city/county ownership and if the deed has to go to the BOS and City Council, that's fine, I can help coordinate that on our end. Do you have a draft deed for which the County Attorney can review? If so,please provide it. Thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 3 Nwe From: Christopher Perez [mailto:cperezOalbemarle.orq] Sent:Tuesday, March 04, 2014 12:17 PM To: Gensic, Chris; CStockton@ daa.com Subject: RE: Langhorne property- Lambs Road division for parkland donation Chris/ Cheryl, Attached are my comments for the Ivy Creek Donation. If you have any questions on these please contact me. Thanks Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICOcharlottesville.orq] Sent: Monday, February 24, 2014 8:38 AM To: Christopher Perez Subject: RE: Langhorne property- Lambs Road division for parkland donation Christopher, Do you have an update on this subdivision for park acquisition? thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez( albemarle.orq] Sent: Tuesday, January 21, 2014 4:11 PM To: Gensic, Chris Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris, The land is zoned RA—rural areas. Also parkland use is by right...it does not require an SP. Notably I am still waiting on Greg Kamptner, County Attorney to weigh in on this proposal to determine if this needs a Compliance Review with the BOS being this will escentially be "new park land not previously shown in the comp plan". I'm await his guidance. Also, I'm waiting on the Parks and Rec department(Bob Crickenburger) in the County to comment/weigh in on this application. He was sent the documents on 12-20-13 and I have yet to receive any word from him. I just put in a call to him today to followup; however, he has already left for the day. 4 Also, I have one platting issue/comment which needs to be addressed with regard to the incorrect development rights note on the plat. I plan to provide this to you once the above have been ironed out. Thanks Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICOcharlottesville.orq] Sent: Tuesday, January 21, 2014 3:36 PM To: Christopher Perez Subject: Langhorne property- Lambs Road division for parkland donation Christopher, Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a special use permit? Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911,Charlottesville,VA 22902 www.charlottesville.org/trails 5 Christopher Perez From: Christopher Perez Sent: Tuesday, March 04, 2014 3:46 PM To: Stephanie Mallory Cc: David Benish Subject:SUB2013-172 Ivy Creek Donation - BLA Stephanie, SUB2013-172 Ivy Creek Donation—BLA The above project needs to have a Compliance Review performed on it. Can we schedule the Compliance Review for the Consent Agenda at the April 1st PC meeting? Once scheduled please let me know. I believe this means the staff report is due to you by March 19th, is that correct? Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 1 Christopher Perez From: Christopher Perez Sent: Tuesday, March 04, 2014 3:35 PM To: Gensic, Chris'; Ronan, Barbara Cc: CStockton@daa.com; Greg Kamptner Subject:RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Chris Gensic, See my comments below in green. Thanks Christopher P.Perez I Senior Planner Department of Community Development(County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSIC@charlottesville.org] Sent: Tuesday, March 04, 2014 1:14 PM To: Christopher Perez; Ronan, Barbara Cc: CStockton@daa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation at Ivy Creek Natural Area Chris, I don't have a draft deed to use. Would you want a similar deed from the existing Ivy Creek that shows joint ownership? Not sure I can help with that one, maybe our attorney and yours will need to talk directly so they get exactly what they need. I agree that your attorney should contact our attorney to determine exactly how we're going to want this deed drafted up(he may have a template for you). I've been working with Greg Kamptner on this project(Compliance Review determination, and transfer of Ownership discussions). He is CCed to this email. Barbara, who is(or will be)the attorney yon this one? I have not gotten the final approval memo signed as part of it has to be signed by the County in terms of zoning/subdivision approval. This will also be a bit different since it will be joint City/County ownership. Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@albemarle.orq] Sent: Tuesday, March 04, 2014 12:59 PM To: Gensic, Chris Cc: CStockton@daa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation 1 Chris Gensic, See my comments below in red. Thanks 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: Gensic, Chris [mailto:GENSICOcharlottesville.orq] Sent: Tuesday, March 04, 2014 12:38 PM To: Christopher Perez; CStocktonOdaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Here is what I know in case it helps: We intend to use the area as natural space to expand the overall Ivy Creek area,and would have the same land use as the existing ICNA. It may or may not ever get a trail on it as the green trail loop is very nearby.This will buffer the existing natural area by keeping development as it currently exists along Lamb's Road. Slopes on the property would probably preclude development anyway, but I've not examined that. I believe this little write up will suffice for the staff report,thanks. I am happy to attend whichever PC meeting this goes to in case of any questions. I'll let you know which one it gets put on. Thanks My guess is we want to continue the joint city/county ownership and if the deed has to go to the BOS and City Council, that's fine, I can help coordinate that on our end. Do you have a draft deed for which the County Attorney can review? If so, please provide it. Thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@aalbemarle.orq] Sent: Tuesday, March 04, 2014 12:17 PM To: Gensic, Chris; CStockton(adaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris Gensic, / Cheryl, Attached are my comments for the Ivy Creek Donation. If you have any questions on these please contact me. Thanks Christopher P.Perez Senior Planner 2 Department of Community Development ICounty of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICOcharlottesville.orq] Sent: Monday, February 24, 2014 8:38 AM To: Christopher Perez Subject: RE: Langhorne property - Lambs Road division for parkland donation Christopher, Do you have an update on this subdivision for park acquisition? thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperezftalbemarle.orq] Sent: Tuesday, January 21, 2014 4:11 PM To: Gensic, Chris Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris Gensic, The land is zoned RA—rural areas. Also parkland use is by right...it does not require an SP. Notably I am still waiting on Greg Kamptner, County Attorney to weigh in on this proposal to determine if this needs a Compliance Review with the BOS being this will escentially be "new park land not previously shown in the comp plan". I'm await his guidance. Also, I'm waiting on the Parks and Rec department (Bob Crickenburger) in the County to comment/weigh in on this application. He was sent the documents on 12-20-13 and I have yet to receive any word from him. I just put in a call to him today to followup; however, he has already left for the day. Also, I have one platting issue/comment which needs to be addressed with regard to the incorrect development rights note on the plat. I plan to provide this to you once the above have been ironed out. Thanks Christopher P.Perez I Senior Planner Department of Community Development'County of Albemarle,Virginia 401 McIntire Road I Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSIC©charlottesville.orq] Sent: Tuesday, January 21, 2014 3:36 PM 3 To: Christopher Perez Subject: Langhorne property - Lambs Road division for parkland donation Christopher, Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a special use permit? Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 4 Christopher Perez From: Gensic, Chris [GENSIC@charlattesvi e.org] Sent: Tuesday, March 04, 2014 12:38 P To: Christopher Perez; Ct`o aa.com Subject:RE: Langhorne prope y- Lambs Road division for parkland donation Here is what I know in case it helps: We intend to use the area as natural space to expand the overall Ivy Creek area,and would have the same land use as the existing ICNA. It may or may not ever get a trail on it as the green trail loop is very nearby.This will buffer the existing natural area by keeping development as it currently exists along Lamb's Road. Slopes on the property would probably preclude development anyway, but I've not examined that. I am happy to attend whichever PC meeting this goes to in case of any questions. My guess is we want to continue the joint city/county ownership and if the deed has to go to the BOS and City Council, that's fine, I can help coordinate that on our end. Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@ albemarle.orq] Sent: Tuesday, March 04, 2014 12:17 PM To: Gensic, Chris; CStocktonOdaa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris/ Cheryl, Attached are my comments for the Ivy Creek Donation. If you have any questions on these please contact me. Thanks Christopher P.Perez Senior Planner Department of Community Development!County of Albemarle.Virginia 401 McIntire Road i Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICacharlottesville.orq] Sent: Monday, February 24, 2014 8:38 AM To: Christopher Perez Subject: RE: Langhorne property - Lambs Road division for parkland donation Christopher, 1 Do you have an update on this subdivision for park acquisition? thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@aalbemarle.orq] Sent: Tuesday, January 21, 2014 4:11 PM To: Gensic, Chris Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris, The land is zoned RA—rural areas. Also parkland use is by right...it does not require an SP. Notably I am still waiting on Greg Kamptner, County Attorney to weigh in on this proposal to determine if this needs a Compliance Review with the BUS being this will esceil ially be "new park land not previously shown in the comp plan". I'm await his guidance. Also, I'm waiting on the Parks and Rec department(Bob Crickenburger) in the County to comment/weigh in on this application. He was sent the documents on 12-20-13 and I have yet to receive any word from him. I just put in a call to him today to followup; however, he has already left for the day. Also, I have one platting issue/comment which needs to be addressed with regard to the incorrect development rights note on the plat. I plan to provide this to you once the above have been ironed out. Thanks Christopher P. Perez Senior Planner Department of Community Development County of Albemarle.Virginia 401 McIntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICC&charlottesville.orcl] Sent: Tuesday, January 21, 2014 3:36 PM To: Christopher Perez Subject: Langhorne property- Lambs Road division for parkland donation Christopher, Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a special use permit? Thanks, 2 Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911,Charlottesville,VA 22902 www.charlottesville.org/trails 3 Christopher Perez From: Gensic, Chris[GENSIC@c csville.org] Sent: Tuesday, March 04, 20 . -PM h To: Christopher Perez; R nan, Barba Cc: CStockton@daa.com Subject:RE: Langhorne property- Lambs Road division for parkland donation at Ivy Creek Natural Area Attachments: LanghornelvyCreekLandAcquisitionMemoDecember20I3.doc; LanghornelvyCreekCountyQuestionsCD1 SUB201300172 3-4-14.pdf Chris, I don't have a draft deed to use. Would you want a similar deed from the existing Ivy Creek that shows joint ownership? Not sure I can help with that one, maybe our attorney and yours will need to talk directly so they get exactly what they need. Barbara,who is(or will be)the attorney yon this one? I have not gotten the final approval memo signed as part of it has to be signed by the County in terms of zoning/subdivision approval. This will also be a bit different since it will be joint City/County ownership. Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@albemarle.org] Sent:Tuesday, March 04, 2014 12:59 PM To: Gensic, Chris Cc: CStockton@daa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris, See my comments below in red. Thanks Christopher P.Perez Senior Planner Department of Community Development!County of Albemarle.Virginia 401 McIntire Road l Charlottesville,VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSIC@charlottesville.org] Sent: Tuesday, March 04, 2014 12:38 PM To: Christopher Perez; CStockton@daa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Here is what I know in case it helps: 1 We intend to use the area as natural space to expand the overall Ivy Creek area,and would have the same land use as the existing ICNA. It may or may not ever get a trail on it as the green trail loop is very nearby.This will buffer the existing natural area by keeping development as it currently exists along Lamb's Road. Slopes on the property would probably preclude development anyway, but I've not examined that. I believe this little write up will suffice for the staff report,thanks. I am happy to attend whichever PC meeting this goes to in case of any questions. I'll let you know which one it gets put on. Thanks My guess is we want to continue the joint city/county ownership and if the deed has to go to the BOS and City Council, that's fine, I can help coordinate that on our end. Do you have a draft deed for which the County Attorney can review? If so, please provide it. Thanks Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails From: Christopher Perez [mailto:cperez@albemarle.orq] Sent: Tuesday, March 04, 2014 12:17 PM To: Gensic, Chris; CStockton@daa.com Subject: RE: Langhorne property - Lambs Road division for parkland donation Chris/ Cheryl, Attached are my comments for the Ivy Creek Donation. If you have any questions on these please contact me. Thanks Christophe .Perez;Senior Planner Department of Community Development County of Albemarle;Virginia 401 McIntire Road l Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICCa charlottesville.org] Sent: Monday, February 24, 2014 8:38 AM To: Christopher Perez Subject: RE: Langhorne property- Lambs Road division for parkland donation Christopher, Do you have an update on this subdivision for park acquisition? thanks Chris Gensic Park and Trails Planner City of Charlottesville 2 Awe 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesvi I le.org/tra ils From: Christopher Perez [mailto:cperez@albemarle.orq] Sent: Tuesday, January 21, 2014 4:11 PM To: Gensic, Chris Subject: RE: Langhorne property- Lambs Road division for parkland donation Chris, The land is zoned RA—rural areas. Also parkland use is by right...it does not require an SP. Notably I am still waiting on Greg Kamptner, County Attorney to weigh in on this proposal to determine if this needs a Compliance Review with the BOS being this will essentially be "new park land not previously shown in the comp plan". I'm await his guidance. Also, I'm waiting on the Parks and Rec department(Bob Crickenburger) in the County to comment/weigh in on this application. He was sent the documents on 12-20-13 and I have yet to receive any word from him. I just put in a call to him today to followup; however,he has already left for the day. Also, I have one platting issue/comment which needs to be addressed with regard to the incorrect development rights note on the plat. I plan to provide this to you once the above have been ironed out. Thanks Christopher P.Pea ez j Senior Planner Department of Community Development(County of Albemarle.Virginia 401 McIntire Road Charlottesville.VA 22902 434.296.5832 ext.3443 From: Gensic, Chris [mailto:GENSICOcharlottesville.orq] Sent: Tuesday, January 21, 2014 3:36 PM To: Christopher Perez Subject: Langhorne property- Lambs Road division for parkland donation Christopher, Is the text in the attached form correct in terms of the current zoning and whether parkland use is by right or requires a special use permit? Thanks, Chris Gensic Park and Trails Planner City of Charlottesville 434-970-3656 (desk) 434-989-0061 (cell) P.O. Box 911, Charlottesville,VA 22902 www.charlottesville.org/trails 3 oV AI r S: County of Albemarle Department of Community Development Memorandum To: Cheryl A. Stockton/Chris Gensic vi., From: Christopher P.Perez- Senior Planner Division: Planning Services Date:March 4,2014 Subject: SUB201300172 Ivy Creek Donation—BLA The Planner for the Planning Services Division of the Albemarle County Department Community Development will recommend approval of the plat referred above when the following items have been satisfactorily addressed. (The following comments are those that have been identified at this time. Additional comments or conditions may be added or eliminated based on further review.) [Each comment is preceded by the applicable reference to the Albemarle County Code.] 1. Virginia State Code Section 15.2-2232] Per discussions-With the County Attorney this project must go through a Comprehe e Plan Compliance review per State Code Section 15.2-2232. Under section 15.2-2232(A), the first -p is to decide whether the Ivy Creek Natural Area is shown on the Cour 's Comprehensive Plan. The Places29 Master Plan maps (land use, en infrastructure, and other maps) specifically 1 delineate the Ivy Creek Nat al Area as Public Open Space. Depending on the map you look at, only a e ortion of the ICNA is delineated, but the delineation is based on the actual!#rcel boundary, so this new area is not delineated as park nor is the ICNA .•rk area delineation generalized enough to allow one to infer v\ that other sure nding areas were recommended to be public open space/natural t area lands. 'o a literal interpretation of the comp plan maps (and text about land uses spe is to this area) would indicate that a compliance review is required. Also, .'cause the park would be expanded by the addition of the 4 acres or so. section 15.2-2232(C), extension or enlargement of a public area such as t e park is also subject to 2232 review. Thus this proposal shall go through a Compliance Review prior to plat approval. There is no fee associated with the Comprehensive Plan Compliance review; however, the proposal must go to the Planning Commission for consideration/approval. Due to the nature of the project staff feels it's appropriate to put the item on Consent Agenda. The Planning Commission's next available meeting is March 25th. If this meeting is full the next available meeting would be April 1St. To aid staff in writing the staff report for the proposal, please provide the proposed use of the addition to the park land (buffer area, natural area, future trails...etc) You may respond in email or through hard copy letter. 2. [14-303(0)] Ownership. Below is guidance from the County Attorney on how to proceed to assure the transfer of land is correct. Please consider the options being 1 discussed below-46,A staff on how you wish to proeiwotl. Because the County and the City jointly own the Ivy Creek Natural Area and it's assumed that this land also would be jointly owned,the land should be conveyed to the County and the City by deed. Mere recordation of the boundary line adjustment plat would be insufficient to convey an interest to the City under the State Subdivision Law because it is not a locality "in which the land lies" Virginia Code 15.2-2265). In the alternative, if the plat dedicates the land to the County for public use and the County is the sole owner,the recordation of the plat would be sufficient to complete the conveyance to the County. What is your intent, how you wish to proceed? A. f the conveyance is to the County and the City by deed,the deed would have go to the Board of Supervisors to accept the conveyance (Virginia Code 15.2- 1803). The matter could be on the consent agenda with an executive summary and a resolution authorizing Tom to accept the conveyance by his signature on the deed. Please advise how you wish to proceed? If you choose to move forward with a deed please provide a draft for County Attorney review/approval. B. If the conveyance is by dedication of the land to the County for public use in conjunction with the plat,the signature of the subdivision agent approving the plat would be all that is required and the matter would not need to go to the Board of Supervisors and Tom's signature would not be required. If the conveyance is by deed to the County and the City, only the subdivision agent would sign the plat but Tom would sign the deed accepting the conveyance on behalf of the County. Depending on how you choose to proceed this may change the Owner's Certificate on sheet 1 of 2. 3. [1 02(A)101Right offurther division ofproposed lots. The required evelopment rights note provided on the plat appears to be incorrect. Per staffs development rights research it appears that TMP 44-120 has 1 DR and cannot be further divided. Also, it appears that TMP 44-36B has 1 DR and cannot be further divided. Please revise note#2 to reflect this information. 4. 4-302(B)(1)] General information. For future submittals,please provide the date of the last revision. Please contact Christopher P. Perez at the Department of Community Development 296-5832 ext. 3443 for further information. 2