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SUB201800111 Correspondence 2018-07-20
Cameron Langille From: Gwen Lacy <gwen@raysurveying.com> Sent: Friday, July 20, 2018 2:51 PM To: Cameron Langille; Justin Shimp, P.E. Cc: Brian Ray, L.S. Subject: Re: SUB201800111 - Pantops Corner, LC -Boundary Line Adjustment Plat -First Review Comments Attachments: D.B. 1129-261.pdf; D.B. 4751-336.pdf Cameron, Thanks for your comments on this project and the copy of the ZMA letter. We have review the comments and the ZMA and address the comments as follows: Please find attached a pdf copy of D.B. 1129-261. This is the correct reference for the easement. D.B. 1169-261 is part of a deed of trust that does not apply to this property. 2. The correct reference is D.B. 1129-261 as shown on our plat. The existing easements are shown on the plat. We do not show easements that have been released or vacated. See attached pdf copy of D.B. 4751-336. 3. a. We list what applies to the current parcels. Please discuss with Bill Fritz or Megan. This is the way it has always been done. b. According to the GIS data T.M. 78-5B has steep slopes (managed) not (preserved). c. We have been asked in the past by the other planners not to show the flood hazard overlay district in the land use notes because it is not considered zoning. The approximate location of the flood plain is shown on the plat. d. The ZMA is listed with the parcels that it is subject to which includes the proffers in the ZMA. 4. There is no line within the parcel boundaries to draw for the ZMA. 5. N/A 6. The deed and Hwy Plan does not have sufficient data to state the width or exact location of the easement. Please review and let us know if you have any other comments or if the plat is ready for owners notarized signatures. Thanks and have a good weekend. Gwen j.. � -�l4• 'l S • +� � . •. .� �..... �V .� � �� ` � � � �Gi R/W-3S COT Revised 9-1-90 Exempted from recordation taxes under Sections 58,1-811{A)(3), 58.1-811(C) (4) and 25-249. ;, 1 V � � No. C-37590 $19,49fi.00 CERTIFICATE OF TAKE This is to certify that $19,496.00, which sum has been paid into Court, is estimated by the Commonwealth Transportation Commissioner of Virginia to be the fair value of the land hereinafter described, or interest therein, and damages to the remainder, if any, owned in whole or in part by Catherine R. WYNNE, widow, which the said Commonwealth Transportation Commissioner of Virginia has directed to be taken in conjunction with the construction, reconstruction, alteration, maintenance and repair of Route 250 - State Primary System and for all other purposes incidental thereto, identified as Project 0250-002-105, ItW-201, as shown on Sheets 8, 9, 8A, 9A & 20(3) of plans for said Project on file with the Department of Transportation. The amount above specified, or so much thereof as may be directed by the Court, will be paid by the Clerk thereof, pursuant to the order of the Circuit Court of Albemarle County, as provided by Title 33.1, Chapter 1, Article 7 of the 1950 Code of Virginia, as amended. The land, or interest therein, taken lies in Rivanna Magisterial District of Albemarle County, and is described as follows: The temporary right and easement to use the area shown on Sheets 8 and 9 of the plans for Route 250, State Highway Project 0250-002-105, RW-201 for cut and/or fill slopes as being required for the proper construction of the work. Said easement being�descr#bed as followss -1- Lying on the north (left) side of the Route 250 construction centerline and adjacent to the north exs��ena rroximate Stations 68+02tto lands of N6B South Investment Co. oppo roximate Station 71+28 and the lands of B&B Partnership opposite app containing 8,772 square feet, more thelaforesaiddprojectniswcompletednate at such time as the construction of AND WHEREAS, the Virginia Electric and Power Company was the owner of an easement, right of way or other in�inesfaciliti.esfortogetherswithtithe operation and maintenance of power necessary attachments and appurtenances thereto; and WHEREAS, the construction of the aforesaid project makes it necessary to relocate the said power company's facilities; NOW, THEREFORE, under the provisions of Section 33.1-96, 1950 Code of Virginia, as amended, the Commonwealth inrorderrtthatnsamemmayithen be Virginia has also directed to be taken, conveyed to the Virginia Electric andforw�heCconstr�ction,soperation and assigns, an easement and right of way maintenance of power line facilities, including any and all necessary attachments and appurtenances thereto, RoutegandnProject,�gfrom opposite existing north right of way line of said roximate Station 71+20, the approximate Station 68+02 to opposite app estimated fair value of which is included in the amount above specified. AND WHEREAS, the Central Telephone Company of Virginia was the owner of an easement, right of way or other intereh�neilineanfacilities� construction, openecessaranattachmentsl�andoappurtenances thereto; and together with the Y WHEREAS, the construction of the aforesaid project makes it necessary to relocate the said telephone company's facilities; NOW, THEREFORE, under the provisions °Transtortation Commissioners of Virginia, as amended, the Commonwealth P Virginia has also directed to be taken► iofoVirriniaatitsmsuccessors and conveyed to the Central Telephone Company g assigns, an easement and right of way for tncludintranyiand allrnecessary maintenance of telephone line facilities, i 8 attachments and appurtenances thereto, along. and contiguous toosite existing, north right of way linositesaiproximatenStationc68+51�� The said approximate Station 68+02 to opp P easement and right of way lying on the north (left) sfrom thehlastissaid north right of way line of said Route and Project, Station to opposite approximate Station 71+20, the estimated fair value of which is included in the amount above specified. -2� i Together with the permanent right and easement to construct, reconstruct, operate and maintain pipe line or lines and the necessary appurtenances and attachments thereto for the transportation of sewage over and upon the lands of the landowner with the right to replace, renew and restore and add to same from time to time as may be necessary and with the right of ingress to and egress from the same for the purposes aforementioned, of the plans for the said Route and Project, and being variable in width from opposite approximate Station 68+02 to opposite approximate Station 71+20, same being taken for later conveyance to the County of Albemarle under the provisions of Section 33.1-96 of the said Gode, as amended, in lieu of a like easement presently owned or controlled by the said County and acquired or being acquired by the Commonwealth Transportation Commissioner of Virginia for the construction of the said project. For a more particular description of the land, or interest therein, taken, reference is made to photo copy of said Sheet 8 & 9, showing outlined in ORANGE temporary construction easement; YELLOW utilities easement for Virginia Electric and Power Company and Albemarle County Service Authority; PURPLE utility easement for Central Telephone Company of Virginia which photo copy is hereto attached as apart of this Certificate and recorded simultaneously herewith in the State Highway Plat Book. Dated at Richmond, Virginia November 5, 1990 hief Engi ee Copy for: Commonwealth Transportation Commissioner(2} Attorney at Law , -3- STATE OF VIRGINiA City of Richmond The foregoing instrument was acknowledged before me this /3 �� daY of v dc.r, d �• _ , 19 �O , by d � e� ► Chief Engineer. q q � My Commission expires � ! L—� ' M ! i t 1 VIRGINIA: .ter IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF p,T$EMARLE: THIS DEED WAS PRESENTED. AND WITH CERTIFICATE ANNS7CED. IS ADMi'1'1'SD TO RECORD ON V . , ,19�, AT .3'�3 O •CLOCK � • STATE TAX LOCAL TAX TRANSFER FEE VSLF CLERK'S FES PLAT SEC.58.1-802: STATE TAX LOCAL TAX LOCAL TAX (213) ( 212 ) $ ��, � 1.00D�301) � (220) � (223) � � t fp � ,Play{S �C � � �� `I t 1G'�' ���K � '�P. 5 gq� qc,, 9 t,9�1 � G3 TFSTB: SHELBY .MARSHALL,CLERR ' BY: PU7.'Y CL VIRGINIA LAND RECORD COVER SHEET FORM A —COVER SHEET CONTENT Instrument Date: 2/9/2016 Instrument Type: CR Number of Parcels: 2 Number of Pages: [ ] City � County ALBEMARLE TAX EXEMPT? VIRGINIA�FEDERAL LAW [ ]Grantor; [ ]Grantee: Consideration: $0.00 I♦xisting Debt: $0.00 Actual Value/Assumed: $0.00 PRIDR INSTRUMENT' UNDER ,� $S.1-$03(D): Original Principal: $O.OD Fair Market Value [ncrease: $0.00 Original Book Number: Prior Recording At: [ ]City [}q County ALBEMARLE 9 Original Page Number: 111�11�««l1�«1l«1««1«111�111111111111111111ti11111111�11111111111111�1111 03332145D011 Type. Doc ID: Recorded: 04/2g/2�16 at 03:22:55 P Albemarle$Cou��YPa�A 1 of 11 Jon R. Zug Circu.tt Clerk File# 2o1�_ofloD336-3 �K4751�� 46 {Area Above Reserved For Deed Stamp Only) Original Instrument Number: Percentage In This ]urisdiction: 100% BUSINESS � NAME 1 �Q Grantor: CENTRAL TELEPHONE COMPANY OF VIRGINIA 2 p�J Grantor: CENTIJRYLINK 1 pQ Grantee: PANTOPS CORNER, LC [ ]Grantee: GRANTEE ADDRESS Name: PANTOPS CORNER, LC Address: 1100 HARRIS STREET City; CHARLOTTESVILLE State: VA Zip Cade: 22902 Book Numher: 1129 Page Number; 261 Instrument Numher: Parcel Identification Number {PIN]: 078D0-00-OD-005A0 Tax Map Number: 07800-00-00-OOSAO Short Property Description: Current Property Address ROUTE 25D City; CHARLOTTESVILLE Instrument Prepared By: J PAGE WILLIAMS Recording Returned To: LENHART PETTIT PC NG Address: 530 EAST MAIN STREET City: CHARLOTTESVILLE FORM CC-157p Rev; 7/15 §§ 17.1-ZZ3, 17.1-227.1, 17,1-249 Page 1 of 2 State: VA Zip Code: 22911 Recording Paid By: LENHART PETTIT PC State: VA Zip Code: 22902 Cover Sheet A Coperieht � ^Ot-t Clffice of the �secutive Secretan, Supreme Court of Virginia. All rights reserved, VIRGINIA LAND RECORD COVER $HEFT FORM C —ADDITIONAL PARCELS Instrument Date: 2/9/2016 Instrument Type: CR Number of Parcels: 2 Number of Pages: 9 [ ]City pQ County ALBEMARLE PARCELS IDENTIFICATION OR TAX MAP Prior Recording At: [ ]City �Q County ALBEMARLE Percentage [n This ]urisdiction. 1 D0% Book Number: 1129 Page Number: 261 Instrument Number: Parcel Identification Number (PIN): D78DD-00-00-OD513D Tax Map Number: 07800-00-DO-005B0 Short Property Description; Current Property Address; ROUTE 254 City: CHARLOTTESVILLE Prior Recording At: [ ]City [ ]County Percentage [n This ]urisdiction: Book Number: Page Number: Instrument Number: Parcel Identification Number {PIN): Tax Map Number: Short Property Description: Current Property Address: City; '()I. 1 r h (Area Above Reserved ForQeed Stamp On1yJ State: VA Zip Code: 22911 State: Zip Code: FORM CC-1570 Rev: 10/14 Page 2 of 2 Cover Sheet C §§ 17.1-223, 17.1-227.1, 17.1-244 Copyright ©2014 Office of the Executive Secretary, Supreme Court of Virginia. All rights reserved. This document prepared by J. Page Williams (VSB #15920) Albemarle County TMP L,enhart Pettit PC 07800-00-00-OOSAO and 07800-00-00-005 BO 530 East Main Street Charlottesville, VA 22902 RELEASE OF EASEMENT This RELEASE OF EASEMENT ("Release") is made this 9th day of February, 2016 by CENRAL TELEPHONE COMPANY OF VIRGINIA, a Virginia corporation d/bla CENTURYLINK (collectively, "CenturyLink"}, to be indexed as a Grantor and PANTOPS CORNER, LC, a Virginia limited liability company ("Pantops Corner"), to be indexed as a Grantee, which has an address of 1100 Harris Street, Charlottesville, Virginia 22902 BACKGROUND: By Certificate of Take No. C-37590, dated November 5, 1990 (the "Certificate") recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia (the ``Clerk's Office"} in Deed Book 1 129, page 261, with plats recorded in Highway Plat Book XI, pages 89- 93, as confirmed by Order of the Albemarle County Circuit Court entered March 20, 1992 (the "Order") , a copy of which is spread in the Clerk's Office in Deed Book 1216, page 468, the Commonwealth Transportation Commissioner of Virginia ("Commissioner"), took by eminent domain certain land and easement rights from Catherine R. Wynne, a widow, ("Wynne") including certain easement rights to Central Telephone Company of Virginia d/b/a CenturyLink, over certain property owned by Wynne {the "Telephone Easement") and described in the Certificate. A copy of the Certificate including the Telephone Easement is attached to this Release as Exhibit A and incorporated by reference into this Release. CenturyLink is now and always has been the sole and unrestricted holder of the all easement rights in the Telephone Easement. Wynne is the predecessor in title to Pantops Corner with respect to two parcels currently owned by Pantops Corner fronting on U. S. Route 250 which are shown on Albemarle County Tax Maps as Parcels 07800-00-00-0OSAO and 07800-00-00-OOSBO (the "Property"}, which parcels are subject to the Telephone Easement. RELEASE: FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are acknowledged, CenturyLink hereby VACATES and RELEASES all of its right, title and interest in and to the Telephone Easement on the Property of Pantops Corner and all easement rights to such Telephone Easement on the Property, all of which were acquired by CenturyLink pursuant to the Certificate, as confirmed by the Order and shown on the plats attached to the Certificate as a variable width easement, designated as "Proposed Standard Permanent Utility Easement for CENTEL`'. [SIGNA'I�URES ON FOLLOWING PAGE] "CenturyLink" CENTRAL TELEPHONE, COMPANY OF VIRGINIA d/b/a CenturyLink By: �. Name; Stephen M Williams 'Title: Network Real Estate Right of Way Agent Date: THE STATE OF NORTH CAROLiNA } COUNTY OF WAKE } BE IT REMEMBERED, that on this �. day of February. 2016, before me, a Notary Public in and for said County and State, came Stephen M. WiIliams, who is the Network Real Estate Right of Way Agent of Central Telephone Company of Virginia d/b/a CenturyLink, a Virginia corporation, and is personally known to me to be the same person who signed this Release as the act and deed ol�said Corporation. IN WI"TNESS WI-IEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. L _._ Notary Public My appointment expires �.��-I� Nt10� � • �' ��e n2 ��19/?y '`2i EXHIBIT A CERTIFICATE . .,�. ,.,t,��- � .._ ... c% TS R/u-35 COT Revised 9-1-90 Exempted from recordation taxes under Sections 5$.1-811{A}{3), 5$.i-811(C) (4) and 25-249. �`.1V.3�i� No. C-37590 $19,496.00 CERTIFICATE OF TAKE This fs to certify that $19,49b.00, which sum has been paid into Court, is estimated by the Commonwealth Transportation Commissioner of Virginia to be the fair value of the land hereinpfter described, or interest therein, and damages to the remainder, if any, owned in whole or in part by Catherine R, uYNNE, Widow, which the said Commonwealth Transportation Commissioner of Virginia has directed to be taken in conjunction with the construction, reconstruction, alteration, maintenance and repair of Route 250 - State Primary System and for all other purposes incidental thereto, identified as Project 0250-002-105, Rw-201, as shown on Sheets 8, 9, $A, 9A & 20(3) of pions for said Project on file with the Department of Transportation. The amount above specified, or so much thereof as �aay be directed by the Court, will be paid by the Clerk thereof, pursuant to the order of the Circuit Court of Albemarle County, as provided by Title 33.1, Chapter 1, Article 7 of the 1950 Code of Virginia, as amended. The land, or interest therein, taken lies in Rivanna lsagisterial District of Albemarle County, and is described as followss The tesrparary right and easement to use the area shown on Sheets $ and 9 of the plans for Route 250, State highway Project 0250-002-145, RW-201 for cut and/or fill slopes as being required for the proper construction of the work. Said easement being described as follows: -1- Book: 1129 Page: 261 FileNumber: 1990-00010359 5eq:1 Lying on the north {left) side of the Route 250 construction centerline and adjacent to the north existing right of way l#ne Erom the lands of N6B South Investment Go. apposite approximate Station 6$+02 to the lands of BbB Partnership opposite approximate Station 71+28 and a Cnsuchitgime8as7the9constructionoof thelaforesaiddprojectniswcompleted�ate AND IiH8REA5, the Virginia Electric and Power Company was the owner of an easement, right of way or other interest in land for the construction, operation and maintenance of power line facilities, together with the necessary attachments and appurtenances thereto; and NHBREAS, the construction of the aforesaid project makes it necessary to relocate the said power company's facilities; NOW, THEREFORE, under the provisions of Section 33.1-9G, 1950 Code of Virginia, as amended, the Commonwealth Transportation Co�nissioner of Virginia has also directed to be taken, in order that sane may then be conveyed to the Virginia Electric and Power Company, its successors and assigns, an easement and right of way for the construction, operation and maintenance of power line facilities, including any and all necessary attachments and appurtenances thereto, along and contiguous toosite existing north right of way line of said Route and Project, frog opp approximate Station 68+02 to opposite approximate Station 71+20, the estimated fair value of which fs included in the amount above specified. AND WHSRBAS, the Central Telephone Company of Virginia was the owner of an easement, right of way or other interest in land for the construction, operation and maintenance of telephone line facilities, together with the necessary attachments and appurtenances thereto; and 11HEREAS, the construction of the aforesaid project makes ft necessary to relocate the said telephone company's facilities; NOif, THEREFORE, under the provisions of Section 33.1-96, 1950 Cade of Virginia, as amended, the Commonwealth Transportation Commissioner of Virginia has also directed to be taken, in order that same may then be conveyed to the Central Telephone Company of Virginia, its successors and assigns, an easement and right of way far the construction, operation and maintenance of telephone line facilities, including any and all necessary attachments and appurtenances thereto, along and contiguous to the existing. north right of way line of said Route and Project, from opposite approximate Station 68+02 to opposite approximate Station fib+51., The said easement and right of way lying on the north (left) sirom thehlastissaid north right of way line of said Route and Project, Station to opposite approximate Station 71+20, the estimated fair value of which is included in the amount above specified. -2- Book: 1129 Page: 261 FileNe�mber:1990-00010359 5eq:2 .. , .. � ��? �3 Together with the permanent right and easement to construct, reconstruct, operate and maintain pipe line or lines and the necessary appurtenances and attachments thereto far the transportation of sewage over and upon the lands of the landowner with the right to replace, renew and restore and add to same from time to time as may be necessary and with the right of ingress to and egress from the same for the purposes aforementioned, of the plans for the said Route and Project, and being Variable in width from opposite approximate .station 68;02 to opposite approximate Station 71a20, saa+e being taken for later conveyance to the County of Albemarle ander the provisions of Section 33.1--96 of the said Code, as a�eended, in lieu of a like easement presently owned or controlled by the said County and acquired or being acquired by the Commonwealth Transportation Commissioner of Virginia for the construction of the said project. Por a more particular description of the land, o� interest therein, taken, reference is made to photo copy of said Sheet 8 & 9, showing outlined in ORANGE teaporary construction easement; YELLOW utilities easement for Virginia Electric and Power Company and Albemarle County Service Authority; PURPLE utility easement for Central Telephone Company of Virginia which photo copy is hereto attached as apart of this Certificate and recorded simultaneously herewith in the State Highway Plat Book. Dated at Richmond, Virginia November 5, 1990 ief Engi ee Copy for; Commonwealth Transportation Commissioner(2) Attorney at Law , _3_ Baak: 1129 Page: 261 FileNumber: 199D-00010359 5eq:3 ... :r(� . ,� STAIR UP VIRGINIA City of Richnond The foregoing instrument was acknowledged before aye ti�is �3 �� dnY of � o ✓�mGr'/ � 19 90 � by Dql � r Chief Engineer. c� c� y My Con�nission expires ��.,�_• �L a�ei` Notary Pub c -4-- Book: 1129 Page: 261 FileNumber:1990-00010359 Seq:4 . ' � __ — VIRGINIA: IN TiiE CLERK'S OFFICE OF T[� CIRCUIT COURT OF ALHFIKARLE: THIS DEED WAS PRESENTED. AND WITH CERTIFICATE ANNS}CSD, IS ADMITTED TO RECORD ON ,19�, AT .3„�,„^� 4' CLOCK � M. STATE TAX LOCAL TAX TRANSFER FEE VSLF CLERK'S FES PLAT SEC.58.1-802: STATE TAX LOCAL TAX LOCAL TAX z r __ _ (213) � '— (212 ) s l.00 clay) ;�"�O (301) (038) � c2za) � (223) � I � �y fOC ��c�}S �C u��'�`f ��'1G'�'�,�CG1� � '�P.tiS �q , 4G, 9 4, 9 a '� G 3 TFSTE: �' SHELHY .MARSHALL.CLERK HY: PUTY CL RECORQEA 1N CLERICS OFFICE OF ALBEMARLE ON APRIL 28, 2016 at 3,22�,55 PM AS R5 ATE: $0 00 VLOCOALE 0 00-$02 ALBEMAR COUNTY, VA SON R, ZUG CUIT CLERK Book: 1129 Page, 261 FiieNumber:1990-00010359 Seq:S Gwen Lacy Gwen@raysurveying.com Roger W. Ray &Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel www. raysu rveying. com 434-293-4202 fax From: Cameron Langille Sent: Thursday, July 19, 2018 3:21 PM To: Gwen Lacy ;Justin Shimp, P.E. Subject: RE: SUB201800111 -Pantops Corner, LC -Boundary Line Adjustment Plat -First Review Comments Hi Gwen, The letter is attached! From: Gwen Lacy <gwen@raysurveying.com> Sent: Thursday, July 19, 2018 3:08 PM To: Cameron Langille <blangille@albemarle.org>; Justin Shimp, P.E. <justin@shimp-engineering.com> Subject: Re: SUB201800111 -Pantops Corner, LC -Boundary Line Adjustment Plat -First Review Comments Hi Cameron, Please send me the approved ZMA2013-02 with proffers to review. Thanks, Gwen Gwen Lacy Gwen@raysurveying.com Roger W. Ray &Assoc., Inc. 663 Berkmar Court Charlottesville, Va 22901 434-293-3195 tel www. raysu rveying. com 434-293-4202 fax From: Cameron Langille Sent: Wednesday, July 18, 2018 6:36 PM To: Gwen Lacy ;Justin Shimp, P.E. Subject: SUB201800111 -Pantops Corner, LC -Boundary Line Adjustment Plat -First Review Comments Hi Gwen &Justin, Attached you will find the first review comments for this BLA plat. Please let me know if you have any questions. Thanks, Cameron Cameron Langille Senior Planner Department of Community Development Albemarle County, VA 434-296-5832 (ext. 3432) blangille@albemarle.org