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Home My WebLink AboutSUB201600116 Correspondence 2016-10-11 Johnathan Newberry From: greg@michietavern.com Sent: Tuesday, October 11, 2016 1:55 PM To: Johnathan Newberry Subject: FW: RE: Plat with ownership change required J.T., I have the plat with correct signatures. Is it possible to stop by your office between 3:30 &4:00 to obtain the County signature? Thanks, Greg Gregory L. MacDonald, Executive Director Michie Tavern ca. 1784 683 Thomas Jefferson Pkwy. Charlottesville,VA 22902 Original Message From: greg@michietavern.com Sent: Tuesday, September 20, 2016 6:05pm To: "Johnathan Newberry" <jnewberry@albemarle.org> Subject: RE: Plat with ownership change required J.T., Thank you for reviewing the changes so quickly. I will alert you if I'm the one bringing you the plat for a signature. Greg Original Message From: "Johnathan Newberry" <jnewberry@albemarle.org> Sent: Tuesday, September 20, 2016 5:20pm To: "Krueger, Kurt J." <kkrueger@mcguirewoods.com>, "greg@michietavern.com" <greg@michietavern.com> Cc: "ahtaylor@monticello.org" <ahtaylor@monticello.org>, "Laura Terry(lterry@monticello.org)" <lterry@monticello.org>, "Kurt Gloeckner" <gloecknerengineering@gmail.com> Subject: RE: Plat with ownership change required I just spoke with Kurt on the phone and he has completed a minor change to the plat.The County can now sign it with all of the owners' notarized signatures. I can usually acquire the Subdivision Agent's signature and turn it right back around if someone can let me know when it will be arriving in the lobby. Thanks. 1 4111110 /40110) From: Krueger, Kurt J. [mailto:kkrueger@mcguirewoods.com] Sent:Tuesday,September 20,2016 1:31 PM To:greg@michietavern.com; Kurt Gloeckner<gloecknerengineering@gmail.com> Cc:Johnathan Newberry<jnewberry@albemarle.org>; ahtaylor@monticello.org; Laura Terry(Iterry@monticello.org) <Iterry@monticello.org> Subject: RE: Plat with ownership change required I am good with the changes to the plat, and have revised the Deed to reference the updated date and that it is two pages now and correct "dates" to "dated" in the notarial blocks. I have attached both the plat and the revised deed so Ann and Laura can see them. Kurt J. Krueger T: +1 434 977 2521 I M: +1 434 242 1700 From:greg@michietavern.com [mailto:greg@michietavern.com] Sent:Tuesday,September 20, 2016 1:03 PM To: Kurt Gloeckner<gloecknerengineering@gmail.com> Cc:Johnathan Newberry<jnewberry@albemarle.org>; Krueger, Kurt J.<kkrueger@mcguirewoods.com> Subject: RE: Plat with ownership change required The changes look correct from my perspective. Original Message From: "Kurt Gloeckner" <gloecknerengineering@gmail.com> Sent: Tuesday, September 20, 2016 12:02pm To: "Johnathan Newberry" <jnewberry@albemarle.org>, "Kurt J. Kruger" <kkrueger@,mcguirewoods.com>, "Greg Macdonald" <greg@michietavern.com> Subject: Plat with ownership change required Gentlemen, Please review . Thanks, Kurt 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. 2 Johnathan Newberry From: greg@michietavern.com Sent: Tuesday, September 20, 2016 11:08 AM To: Johnathan Newberry Subject: RE: Conte Plat and Deed Many thanks for your quick reply. Original Message From: "Johnathan Newberry" <jnewberry@albemarle.org> Sent: Tuesday, September 20, 2016 11:03am To: "greg@michietavern.com" <greg@michietavern.com> Cc: "Kurt Gloeckner" <gloecknerengineering@gmail.com> Subject: RE: Conte Plat and Deed No, it's not a problem. Kurt, please list the page numbers on each sheet (i.e.Sheet 1 of 2,Sheet 2 of 2). I'm happy to review a .pdf to make sure it's ready prior to obtaining all the signatories. Thanks, J.T. From:greg@michietavern.com [mailto:greg@michietavern.com] Sent:Tuesday,September 20, 2016 10:58 AM To:Johnathan Newberry<jnewberry@albemarle.org> Cc: Kurt Gloeckner<gloecknerengineering@gmail.com> Subject: FW: Conte Plat and Deed J.T. It was brought to our attention by Kurt Krueger that the title to the Conte property needs to be listed using the names of the three trustees, not the M. Joseph Conte Estate(see below). Kurt Gloeckner is in the process of revising the plat. Kurt G. would like to put the signature section on a second page since it requires space for three trustees with individual notaries. Is this a problem? I have copied Kurt G. so he can see your reply. Many thanks, Greg Gregory L. MacDonald, Executive Director Michie Tavern ca. 1784 683 Thomas Jefferson Pkwy. Charlottesville,VA 22902 Original Message From: "Krueger, Kurt J." <kkruegerna,mcguirewoods.corn> Sent: Monday, September 19, 2016 5:45pm To: "Greg MacDonald (greg@michietavern.com)" <greg@michietavern.com>, "Ann Taylor 1 %111110 400s) (ahtaylor@monticello.org)" <ahtaylor@monticello.org>, "Kurt Gloeckner(gloecknerengineering@gmail.corn)" <gloecknerengineering@gmail.corn> Subject: Conte Plat and Deed In preparing the deed I asked Elizabeth Dickenson to take a quick look at it and she indicated that even though Albemarle County has the Conte parcel under the Estate's name as owner, and Greg thought the Estate was the owner, in fact, under Joe's will, once recorded (and it was recorded)title to the property passed to the Trustees under Joe's Second Amended and Restated Trust Agreement of August 22, 2008. The Trustees under that Trust are Joseph William Conti (misspelled in the Trust as Joseph William Conte), Gregory Lewis MacDonald and Cynthia Marie Conte. Under the terms of the Trust Agreement, they are all required to act unless a written instrument designating one or more to act without the others is done. Frankly, from the perspective of an ultimate buyer of the property, that buyer will want all three Trustees to sign any deed. What this means is that the Plat needs to be redone and the signature block for the owner set up as follows: Joseph William Conti, Gregory Lewis MacDonald and Cynthia Marie Conte, Trustees under Trust Agreement made by M. Joseph Conte dated as of May 20, 1983, as amended by Second Amended and Restated Trust Agreement dated as of August 22, 2008, and since I believe all the Trustees are in separate towns and cannot sign together, a separate notary block for each. Joseph William Conti, Trustee Gregory Lewis MacDonald, Trustee Cynthia Marie Conte, Trustee In addition, the label on Parcel "A" on the plat has to be changed from "M. Joseph Conte Estate, c/o Gregory L. MacDonald"to "Joseph William Conti, Gregory Lewis MacDonald and Cynthia Marie Conte, Trustees" Kurt J. Krueger Partner McGuireWoods LLP Court Square Building 310 Fourth Street,N.E. Suite 300 Charlottesville, VA 22902-1288 T: +1 434 977 2521 M: +1 434 242 1700 F: +1 434 980 2261 kkrueger@mcguirewoods.com Bio I VCard I www.mcguirewoods.com 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. 2 Johnathan Newberry From: Johnathan Newberry Sent: Friday, September 16, 2016 2:56 PM To: 'Krueger, Kurt J.' Cc: greg@michietavern.com; Kurt Gloeckner Subject: RE: Conte Boundary Line Adjustment FINAL Attachments: Signed plat - SUB201600116.pdf Hi Kurt, Attached is the signed plat. I passed along the original and three copies to Greg a few minutes ago. Please let me know if you need anything else. Thanks, J.T. Newberry Senior Planner County of Albemarle, Planning I)ivision 434-296-5832, ext. 3270 From: Krueger, Kurt J. [mailto:kkrueger@mcguirewoods.com] Sent: Friday,September 16, 2016 1:15 PM To:Johnathan Newberry<jnewberry@albemarle.org> Cc:greg@michietavern.com Subject: Re: Conte Boundary Line Adjustment FINAL I talked to Kurt and he was going to send a copy because I failed to keep one. Could I get a copy please? Kurt J. Krueger Sent from my iPhone On Sep 16, 2016, at 12:47 PM, Johnathan Newberry<jnewberry(Z albemarle.org>wrote: Yes, please ask for me at the front desk and I will meet you in the lobby.Thanks. From:greg@michietavern.com [mailto:greg@michietavern.com] Sent: Friday, September 16, 2016 12:46 PM To:Johnathan Newberry<inewberrv@albemarle.org> Cc: Krueger, Kurt J. <kkrueger(«@mcguirewoods.com> Subject: RE: Conte Boundary Line Adjustment FINAL J.T., I have the plat that has been signed and notarized. Can I drop it off to you to obtain the County signature? Thank you. 1 4.00 Gregory L. MacDonald, Executive Director Michie Tavern ca. 1784 683 Thomas Jefferson Pkwy. Charlottesville,VA 22902 Original Message From: "Johnathan Newberry" <jnewberry(&,,albemarle.org> Sent: Monday, August 29, 2016 11:03am To: "Krueger, Kurt J." <kkrueger c@mcguirewoods.com>, "Kurt Gloeckner" <gloecknerengineering(agmail.com>, "greg@ michietavern.com" <greg@michietavern.com> Cc: "ahtaylor(amonticello.org" <ahtaylor@monticello.org>, "Laura Terry (lterry@monticello.org)" <lterry@monticello.org> Subject: RE: Conte Boundary Line Adjustment FINAL Kurt G., This plat is ready for County signature once the plat has the owners'notarized signatures. I can do my best to coordinate getting it signed by the Agent on the same day it arrives at our office if you let me know when you're dropping it off. Thanks, J.T. Original Message From: Krueger, Kurt J. [mailto:kkrueger(&,,mcguirewoods.corn] Sent: Monday, August 29, 2016 10:57 AM To: Kurt Gloeckner<gloecknerengineering@gmail.com>; Johnathan Newberry <jnewberry@albemarle.org>; greg@michietavern.corn Cc: ahtaylor@monticello.org; Laura Terry(lterry(&,,monticello.org) <lterry(a monticello.org> Subject: RE: Conte Boundary Line Adjustment FINAL Sorry I didn't catch this before,but can we change the signature block for Greg to read "Owner: Estate of M. Joseph Conte" vs. "Owner: Conte, M. Joseph Estate"? If there is a reason to keep as is, and have the last name first I would defer to you folks. Parcel acreage and square footages all consistent now, so otherwise good to go. Kurt J. Krueger T: +1 434 977 2521 I M: +1 434 242 1700 Original Message From: Kurt Gloeckner [mailto:gloecknerengineering(&,,gmail.com] Sent: Monday, August 29, 2016 10:17 AM To: 'Johnathan Newberry' <jnewberry albemarle.org>; Krueger, Kurt J. <kkrueger@mcguirewoods.com>; greg(Z michietavern.corn Subject: Conte Boundary Line Adjustment FINAL Gentlemen, 2 r� Please find attached the Final revisions for Kurt's approval and County approval. Thanks! -Kurt This e-mail from McGuireWoods 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. 3