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HomeMy WebLinkAboutZMA201800011 Ownership Documents 2018-09-17MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS A special meeting of the Board of Directors of Crockett Corporation was held at the registered office of the corporation at 11:00 a.m. May 22, 2015. Ann O. Haugh, Lair Dayton Haugh, and Charles R. Haugh, all of the directors of the corporation, were present, and Ann 0. Haugh, President of the corporation, called the meeting to Order. The President reported that all the shareholders of the corporation had given written consent to the execution of a Purchase and Sale Agreement dated December 23, 2014, between Crockett Corporation, Charles R. Haugh and Elizabeth Ann Oglesby Haugh, and Charles R. Haugh and Michael J. Oglesby, Trustees, and Riverbend Development, Inc., and the said agreement was in fact executed by the President on behalf of the corporation. The President reported that pursuant to Paragraph 19(a) of the Agreement the Sellers, including Crockett, Corporation, were obligated to execute a limited power of attorney granting the Buyer's representatives authority to execute certain Development Documents as defined and set forth in Exhibit E to the Agreement. The President presented a proposed limited power of attorney that had been requested by the Buyer as required by the Agreement. It was then unanimously RESOLVED that the President's execution of the Purchase and Sale Agreement dated December 23, 2014 be, and hereby is, ratified in all respects. It was then unanimously FURTHER RESOLVED that the President be authorized and empowered to execute the proposed limited power of attorney in the form of the sample attached hereto, and to further sign or execute such other and further documents on behalf of the corporation as may be necessary to fulfill the corporations obligations under the Purchase and Sale Agreement and/or effectuate the limited power of attorney. Approved: Director and Chairman _".0,4 --;�?— Director Director I certify that this is a true copy of a RESOLUTION Passed by the Board of Directors on May 22, 2015. . Secretapf ' �. CERTIFICATION OF TRUST Pursuant to Va Code §64.2-804 This Certification of rust is signed by a currently active Trustee(s) of the Earnest J. Oglesby dated October 21, 1970, who declares: 1. The Settlor(s) of the trust was Earnest J. Oglesby. 2. The name and address of the sole currently acting trustee(s) is/are: a. Name; Charles R. Haugh b. Address: 435 Park St., Charlottesville, VA 22902 3. Powers of the trustee regarding real estate: See Article Eleven attached. 4. This trust is irrevocable 5. Authority of cotrustees to sign; and whether all or less than all are required to exercise powers of the trustee: See Article Ten attached. 6. Trust's taxpayer identification number, If SSN is used, when document is recorded, all but last 4 digits will be redacted.: 54-6289018 7. Manner of taking title to trust property: Deed from Earnest J. Oglesby, Widower, to Henry B. Gordon, Charles R. Haugh and Earnest J. Oglesby, Jr., Trustees under a trust agreement of even date, dated October 21, 1970, recorded December 10, 1970, in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 480, page 339; The undersigned certifies that the trust has not been revoked, modified or amended in any manner that would cause the representations contained in this certification to be incorrect. This Affidavit is made for the purpose of inducing the title company to insure the title to the property in reliance upon the accuracy of the facts stated herein. Trustee COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE Subscribed and sworn to before me this V day of May, 2015 by Charles R. Haugh, Trustee. My commission expires:�A� 31,ZO l-4 of Public r-. Barbara Price W.a hMie CovmiwwaJW of Wyuie MYCaWml,dau agi0n: Maya1.II077 Rva. Na: a10Si9 May 29, 2015 Albemarle County Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: AUTHORIZATION To SUBMIT LAND USE APPLICATIONS CROCKETT CORPORATION (the "Owner"), is the owner of Albemarle County tax map parcel number 04600-00-00-01900, and 1, Ann O. Haugh, as President of the Owner, hereby authorize Riverbend Development, Inc., Williams Mullen, Collins Engineering and their representatives and/or affiliates thereof, including but not limited to, Alan R. Taylor, Jr., Ashley Cooper Davies, and Scott Collins to submit land use applications on the Owner's behalf. Such land use applications may include proffers, rezonings, special use permits, site plan waiver requests, and similar applications for the property described above and any other documents listed on the attached Exhibit This authorization shall remain valid and in effect unless and until written revocation is received by the Albemarle County Department of Community Development. Signature Page Follows. Crockett Corporation Page I of Sincerely, CROCKETT CORPORATION By, 04. ' Ul, ydzu<9�. i P/(!2/LC. civ Ann 0. Haugh, President Crockett Corporation Page 2 of 4 Exhibit A Albemarle Community Development Permits and Application Forms Community Development -General • ACSA Jurisdiction/Boundary Amendment • Appeals of Zoning Administrator's Determinations • Letters of Zoning Compliance • Board of Zoning Appeals Application • Official Letter of Determination Requests • Public Water and Sewer Connection Evaluations • Zoning Clearances • Certification Notice of Application Filed Architectural Review Board • ARB Applications • Plant Canopy Calculations Requests Bonds Bond Collateral Assignment Forms • Bond Completion Schedule Forms • Bond Inspection Request Forms • Bond Letters of Credit • Bond Requests to Establish an Approved Board Building & Inspections • All Building Permit Application Requests • Stormwater Pollution Protection Plans (SWPPP) • DEQ General Permit • Erosion and Sediment Control Agreements Zoning • Comprehensive Plan Compliance Applications • Zoning Text and Comprehensive Plan Amendment Applications • Zoning Map Amendment Applications • Proffers • Varlation'Requests • Special Exception Applications • Special Use Permit Applications Site Development Plans • Initial Site Plan Applications • Final Site Plan Applications Ernest J. Oglesby Trust and the Testamentary Trust of Lucy Elizabeth Berger Oglesby Page 3 of 4 • Letters of Revision Applications • Minor and Major Site Plan Amendment Applications • Site Plan Exception Applications • Floodplain Development Permit Applications • Plan Review Stormwater Management BMP Facilities Maintenance Agreements • Plan Review Stormwater Management Deeds of Dedication & Easements • WPO Applications • VSMP Applications • VDOT Public Road Acceptance Documentation • Conservation Easements Subdivisions • Private Street Maintenance Agreements • Greenway and Open Space Dedications • Easement Plats • Street Sign Maintenance Agreement • Certificate of Completion for Subdivision Signs • All Sign and Related Applications Albemarle County Service Authority and Rivanna Water/Sewer Authority • Deeds of Dedication • Easement plats • Applications for plan review Virginia Department of Transportation • Request for Waivers and Variations • Requests for Exceptions Ernest 1. Oglesby Trust and the Testamentary Trust of Lucy Elizabeth Berger Oglesby Page 4 of 4 May 29, 2015 Albemarle County Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: AUTHORIZATION To Suiwrr LAND USE APPLICATIONS CHARLES R. HAUGH, as Sole Surviving Trustee of the Ernest J. Oglesby Trust u/a dated October 21, 1970 and the Testamentary Trust of Lucy Elizabeth Berger Oglesby, a/k/a Elizabeth B. Oglesby (the "Owner"), is the owner of Albemarle County tax map parcel number 04600-00-00-01800, and 1, Charles R. Haugh, as Trustee of the Owner, hereby authorize Riverbend Development, Inc., Williams Mullen, Collins Engineering and their representatives and/or affiliates thereof, including but not limited to, Alan R. Taylor, Jr., Ashley Cooper Davies, and Scott Collins to submit land use applications on the Owner's behalf. Such land use applications may include proffers, rezonings, special use permits, site plan waiver requests, and similar applications for the property described above and any other documents listed on the attached Exhibit A. This authorization shall remain valid and in effect unless and until written revocation is received by the Albemarle County Department of Community Development, Signature Page Follows, Ernest J. Oglesby Trust and the Testamentary Trust of Lucy Elizabeth Berger Oglesby Page 1 of 4 Sincerely, ",a" CHARLES R. AU6 , Trustee Oglesby Trust LUA-5-27-15 Ernest J. Oglesby Trust and the Testamentary Trust of Lucy Elizabeth Berger Oglesby Page 2 of 4 Exhibit A Albemarle Community Development Permits and Application Forms Community Development -General • ACSA Jurisdiction/Boundary Amendment • Appeals of Zoning Administrator's Determinations • Letters of Zoning Compliance • Board of Zoning Appeals Application • Official Letter of Determination Requests • Public Water and Sewer Connection Evaluations • Zoning Clearances • Certification Notice of Application Filed Architectural Review Board • ARB Applications • Plant Canopy Calculations Requests Bonds • Bond Collateral Assignment Forms • Bond Completion Schedule Forms • Bond Inspection Request Forms • Bond Letters of Credit • Bond Requests to Establish an Approved Board Building & Inspections • All Building Permit Application Requests • Stormwater Pollution Protection Plans (SWPPP) • DEQ General Permit • Erosion and Sediment Control Agreements Zoning • Comprehensive Plan Compliance Applications • Zoning Text and Comprehensive Plan Amendment Applications • Zoning Map Amendment Applications • Proffers • Variation Requests • Special Exception Applications • Special Use Permit Applications Site Development Plans • Initial Site Plan Applications • Final Site Plan Applications • Letters of Revision Applications • Minor and Major Site Plan Amendment Applications • Site Plan Exception Applications Crockett Corporation Pagc 3 of 4 • Floodplain Development Permit Applications • Plan Review Stormwater Management BMP Facilities Maintenance Agreements • Plan Review Stormwater Management Deeds of Dedication & Easements • WPO Applications • VSMP Applications • VDOT Public Road Acceptance Documentation • Conservation Easements Subdivisions • Private Street Maintenance Agreements • Greenway and Open Space Dedications • Easement Plats • Street Sign Maintenance Agreement • Certificate of Completion for Subdivision Signs • All Sign and Related Applications Albemarle County Service Authority and Rlvanna Water/Sewer Authority • Deeds of Dedication • Easement plats • Applications for plan review Virginia Department of Transportation • Request for Waivers and Variations • Requests for Exceptions Crockett Corporation Page 4 of 4 May 29, 2015 Albemarle County Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: AUTHORIZATION TO SUBmiT LAND USF+ APPLICATIONS CHARLES R. HAUGH and ELIZABETH ANN OGLESBY HAUGH hereby authorize Riverbend Development, Inc., Williams Mullen, Collins Engineering and their representatives and/or affiliates thereof, including but not limited to, Alan R. Taylor, Jr,, Ashley Cooper Davies, and Scott Collins to submit land use applications on the Owner's behalf, Such land use applications may include proffers, rezonings, special use permits, site plan waiver requests, and similar applications for the property described above and any other documents listed on the attached Exhibit A. This authorization shall remain valid and in effect unless and until written revocation is received by the Albemarle County Department of Community Development, Signature Page Follows. Charles R. Haugh and Elizabeth Ann Oglesby Haugh Page I of 4 Sincerely, CHARLES RIAU rec� a6vzx ® ELIZABETH ANN OGLESB HAU H Charles R. Haugh and Elizabeth Ann Oglesby Haugh Page 2 of 4 Exhibit A Albemarle Community Development Permits and Application Forms Community Development -General • ACSAJurisdiction/BoundaryAmendment • Appeals of Zoning Administrator's Determinations • Letters of Zoning Compliance • Board of Zoning Appeals Application Official Letter of Determination Requests • Public Water and Sewer Connection Evaluations • Zoning Clearances • Certification Notice of Application Filed Architectural Review Board • ARB Applications • Plant Canopy Calculations Requests Bonds • Bond Collateral Assignment Forms • Bond Completion Schedule Forms • Bond Inspection Request Forms • Bond Letters of Credit • Bond Requests to Establish an Approved Board Building & Inspections • All Building Permit Application Requests • Stormwater Pollution Protection Plans (SWPPP) • DEQ General Permit • Erosion and Sediment Control Agreements Zoning • Comprehensive Plan Compliance Applications • Zoning Text and Comprehensive Plan Amendment Applications • Zoning Map Amendment Applications • Proffers • Variation Requests • Special Exception Applications • Special Use Permit Applications Site Development Plans • Initial Site Plan Applications • Final Site Plan Applications • Letters of Revision Applications • Minor and Major Site Plan Amendment Applications • Site Plan Exception Applications Charles R. Haugh and Elizabeth Ann Oglesby Haugh Page 3 of 4 • Floodplain Development Permit Applications • Plan Review Stormwater Management BMP Facilities Maintenance Agreements • Plan Review Stormwater Management Deeds of Dedication & Easements • WPO Applications • VSMP Applications • VDOT Public Road Acceptance Documentation • Conservation Easements Subdivisions • Private Street Maintenance Agreements • Greenway and Open Space Dedications • Easement Plats • Street Sign Maintenance Agreement • Certificate of Completion for Subdivision Signs • All Sign and Related Applications Albemarle County Service Authority and Rivanna Water/Sewer Authority • Deeds of Dedication • Easement plats • Applications for plan review Virginia Department of Transportation • Request for Waivers and Variations • Requests for Exceptions Charles R. Haugh and Elizabeth Ann Oglesby Haugh Page 4 of 4 September & 2018 Albemarle County Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: AurnoiumTioN To SUBMIT LAKs UsE APPLICATIONS CRAFTON CORPORATION (the "Owner"), is the owner of Albemarle County tax map parcel number 04600-00-00-018D0, and I, Ann O. Haugh, as President of the Owner, hereby authorize Riverbend Development, Inc., and Williams Mullen and their representatives and/or affiliates thereof, including but not limited to, Alan R. Taylor, Jr. and Ashley Cooper Davies, to submit land use applications on the Owner's behalf. Such land use applications may include proffers, rezonings, special use permits, site plan waiver requests, and similar applications for the property described above and any other documents listed on the attached Exhibit A. Sincerely, CRAFTON CORPORATION Ann O. Haugh, resident Exhibit A Albemarle Community Development Permits and Application Fors Community Development -General •ACSA Jurisdiction/Boundary Amendment *Appeals of Zoning Administrator's Determinations •Letters of Zoning Compliance *Board of Zoning Appeals Application *Official Letter of Determination Requests •Public Water and Sewer Connection Evaluations •Zoning Clearances *Certification Notice of Application Filed Architectural Review Board *ARB Applications •Plant Canopy Calculations Requests Bonds *Bond Collateral Assignment Fors *Bond Completion Schedule Forms •Bond Inspection Request Fors *Bond Letters of Credit *Bond Requests to Establish an Approved Board Building & Inspections *All Building Permit Application Requests •Storwater Pollution Protection Plans (SWPPP) •DEQ General Permit •Erosion and Sediment Control Agreements Zoning *Comprehensive Plan Compliance Applications *Zoning Text and Comprehensive Plan Amendment Applications *Zoning Map Amendment Applications •Proffers *Variation Requests *Special Exception Applications *Special Use Permit Applications Site Development Plans *Initial Site Plan Applications *Final Site Plan Applications *Letters of Revision Applications *Minor and Major Site Plan Amendment Applications *Site Plan Exception Applications *Floodplain Development Permit Applications *Plan Review Stormwater Management BMP Facilities Maintenance Agreements •Plan Review Stormwater Management Deeds of Dedication & Easements •WPO Applications •VSMP Applications •VDOT Public Road Acceptance Documentation *Conservation Easements Subdivisions *Private Street Maintenance Agreements •Greenway and Open Space Dedications •Easement Plats *Street Sign Maintenance Agreement *Certificate of Completion for Subdivision Signs *All Sign and Related Applications Albemarle County Service Authority and Rivanna Water/Sewer Authority *Deeds of Dedication *Easement plats *Applications for plan review Virginia Department of Transportation *Request for Waivers and Variations *Requests for Exceptions 36908112_1 September —6—, 2018 Albemarle County Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Re: AUTHORIZATION TO .Sumirr LAND USE APPLICATIONS HORNE LAND CORPORATION (the "Owner"), is the owner of Albemarle County tax map parcel number 04600-00-00-018130, and 1, Ann O. Haugh, as President of the Owner, hereby authorize Riverbend Development, Inc., and Williams Mullen and their representatives and/or affiliates thereof, including but not limited to, Alan R. Taylor, Jr. and Ashley Cooper Davies, to submit land use applications on the Owner's behalf. Such land use applications may include proffers, rezonings, special use permits, site plan waiver requests, and similar applications for the property described above and any other documents listed on the attached Exhibit A. Sincerely, HORNE LAND CORPORATION By: 0—� (9 7 /OZZ,0 ,(G�Sn Ann O. Haugh, PVesid6nt Exhibit A Albemarle Community Development Permits and Application Forms Community Development -General •ACSA Jurisdiction/Boundary Amendment •Appeals of Zoning Administrator's Determinations •Letters of Zoning Compliance *Board of Zoning Appeals Application *Official Letter of Determination Requests *Public Water and Sewer Connection Evaluations *Zoning Clearances *Certification Notice of Application Filed Architectural Review Board *ARB Applications *Plant Canopy Calculations Requests Bonds •Bond Collateral Assignment Forms •Bond Completion Schedule Forms *Bond Inspection Request Forms *Bond Letters of Credit *Bond Requests to Establish an Approved Board Building & Inspections *All Building Permit Application Requests •Stormwater Pollution Protection Plans (SWPPP) *DEQ General Permit *Erosion and Sediment Control Agreements Zoning •Comprehensive Plan Compliance Applications *Zoning Text and Comprehensive Plan Amendment Applications •Zoning Map Amendment Applications *Proffers *Variation Requests •Special Exception Applications •Special Use Permit Applications Site Development Plans •Initial Site Plan Applications *Final Site Plan Applications *Letters of Revision Applications •Minor and Major Site Plan Amendment Applications *Site Plan Exception Applications *Floodplain Development Permit Applications *Plan Review Stormwater Management BMP Facilities Maintenance Agreements •Plan Review Stormwater Management Deeds of Dedication & Easements • WPO Applications •VSMP Applications •VDOT Public Road Acceptance Documentation •Conservation Easements Subdivisions •Private Street Maintenance Agreements •Greenway and Open Space Dedications •Easement Plats •Street Sign Maintenance Agreement •Certificate of Completion for Subdivision Signs *All Sign and Related Applications Albemarle County Service Authority and Rivanna Water/Sewer Authority *Deeds of Dedication *Easement plats *Applications for plan review Virginia Department of Transportation •Request for Waivers and Variations *Requests for Exceptions 36908264_1 ARTICL$..EIQUT Notwithstanding any. of the other,. provisions of this trust agreement, but providing.the:arantor and his widow be than dead, the Trustees,. shall have full power, pnd authority in their uncontrolled .disoratio2v.todistribute•,a11;'or any.part of-tho.. proceeds of the sale of any of the .assets comprising the principal of the trust estate 'at, any time prior to the date set for the Iltermination.of the trust as hereinbefore provided. I The Trustees. shall exercise this power and authority , in their complete discretion, and nothing. contained herein shall be construed so As to require the,Trustee to exercise thin. power nor to give any beneficiary a vested right, to receive such pro - coeds under this ..provision. 11,principal ARTICL&.NINE.The trust herein -created;. may: be terminated, and the distributed: to the; bepefi.oiaries,thereof, at anytime after the death of-the:grantor and. his widow, by agreementof the Trustees and all,the beneficiaries off said. trust. ARTICLE 'TEN The Trustees .shall not be, required to give surety unless a majority of the remainderman so request. Each Trustee shall have the authority to name his successor by will or other written instrument, but shall not be. required to do nor and, In the eventof the resignation or the - incapacity of any Trustee, the others or other may. act alone,, with all the powers, and discretions haisin. conferred upon the, original Trustees.. Said powers and discretions shallinure to whosoever shall act as successor or substituted Trustee hareundw - 6 - /'1 ARTICLE $LEVSN Subjectonly, to the provisions of Article Two above,.ths TruQteas, in additionto the powers and discretions hereinabove conferred, shell.have.,all the powers. and authoritiesset forth;' land enumerated in- Section- .64.1-87:0$'t1e_. 1950. Code of Virginia, as amended, and said. section of Virginia -Code is hereby incorporated by reference in, thisrtrust agreamehti,` I In addition',#o the paweve1rand authorities therein not forth, the Trustees ar0,authoriseds. (1) To borrow .such sums as may be .required from time to time from theremaindermen, even though a remainderman may also be then acting as Trustee, and to negotiate the interest rate upon and the maturity of any such loan, (2) To grant andconvey any of the real estate for highway or other public purposes and to grant easements for utilities, even though there•beno monetary 'Consideration therefor, whenever in the opinion of the Trustees such highway, utility easement or other public purpose will enhance the value of the remaining real estate. (3) ; In the exercise of their„authorlky to sell or dispose of any of the real estate comprising a part of the trust .estate, the Trustees $ball have full power and authority to sell or dispose of the same in,whole or in .part] to subdivide said real: estate and to appropriate and lay :out any'part or parte thereof for streets, roads, squares,gardens, or other open apaoss.and . to dedicate the same for public use, .and to build, erect, make and execute upon or under the same.,- buildings, sewers, drains, gas pipes, water pipes,. utility conduits, water. courses, fences - 7 - 11, an4 other works necessary to or in connection with building to construoC`upon said land or, pity part or parts thareof buildings for'oemmsraial or residential:pyrposes and to lease such part or parts thereof upon'suuh:'Cermg„or conditions as they shall deem bestr andto do any act.ih;:gonn6otien with the salgi. subdivision or lease of; said real .estats'that a prudent man might or could do with propexby owned in5Xas simple. .,, ARTICLE�TWELVE This trust 8oteement arid.fhe':truake Hereby created.are irrevocable, and the 6santor shall,eggouts,such further. dead$�and other instruments as shall be necessary to vest the, Trust sea with full title to the property hereby transferred. This trust indenture shall, extend to and be binding. upon the executors, administrators and assigns of the Grantor , and upon the successors to the Trustees and shall be goyernod.by and construed 'according. to. the laws at the State of Virginia.. IN WITNESS WHEREOF, the parties hereto have executed this instrument in duplicate the, day and year first above written. Earn�a!J.,, leeby ., (SUL) Nertr B. Go (SEAL) ... Cha lea.k—Hough n .ow r ht and as •: AD) .. J (SEAL) n own, right and ,as:'Trui I _ d4 weboY O YHeby P mho as qer aria ogle -s- �"• CERTIFICATION OF TRUST Pursuant to Va Code §64.2-804 This Certification of Trust is signed by a currently active Trustee(s) of the Lucy Elizabeth Berger Oglesby Testamentary Trust under Inst Will and testament dated August 30, 1959, admited to probate October 7, 1969 in Will Book 44, page 453 who declares: 1. The Settlor(s) of the trust was Lucy Elizabeth Berger Oglesby. 2. The name and address of the sole currently acting trustee(s) is/are: a, Name: Charles R. Haugh b. Address: 435 Park St., Charlottesville, VA 22902 3. Powers of the trustee regarding real estate: See Article Twelvth, attached. 4. This trust is irrevocable 5. Authority of cotmstees to sign; and whether all or less than all are required to exercise powers of the trustee: Not addressed. 6. Trust's taxpayer identification number. If SSN is used, when document is recorded, all but last 4 digits will be redacted.: 54-6177679 7. Manner of taking title to trust property: Last Will and testament dated August 30, 1959, admited to probate October 7, 1969 in Will Book 44, page 453. The undersigned certifies that the trust has not been revolted, modified or amended in any manner that would cause the representations contained in this certification to be incorrect. This Affidavit is made for the purpose of inducing the title company to insure the title to the property in reliance upon the accuracy of the facts stated herein. Mustee f/ COMMONWEALTH OF VIRGINIA CITY OF CHARLOTTESVILLE Subscribed and sworn to before me this 'X day of May, 2015 by Charles R. Haugh, Trustee. My commission expires: %)10.-si,-mt-- Public Barbaza PAice KouryiNblb eoe®oowsilAof Wgble INy may all 211 May ai. Tat7 aob•No: atee7v ,.. ., • - ;�i--'.. >.. 8ii�ipa?�T;hf� I?f'6wo d'a�up.. FP�mR':'1`lie. pAi;:TdaoLic .gLoir. ri::; gL�.s;• inoome, and my intention in establishing this trust and pro- viding for such a lengthy duration on the one hand, and pro- viding for earlier distribution of principal on the other hand, is to.4:low my trustee.the widest possible range in dis posing* of the assets of my estate and at the same time to all the beneficiaries. thereof to enjoy the benefits of my estate qa soon after my death as possible. TENTH: The trust herein created may be terminated, and the principal distributed to the beneficiaries thereof, at any time after the death of my said husband, by agreement of. the -said trustee and all of the beneficiaries of said trust. ELEVENTH: I hereby nominate,. constitute and appoint my said husband, E. J. Oglesby, As Executor and Trustee of this my Last Will and Testament, and direct that he be allowed to 'qualify or act asdsuoh without security of any kind.. I;;^the event that my said husband should be unwilling or unable to qualify or act as such, Then I hereby nominate, constitute and appoint E. J. Oglesby, Jr., and Charles R. Haugh as Co - Executors and Trustees of this my Last Will and Testament, andodirect that they be allowed to qualify and act as such without security of any kind. TWELVTH: I give my Executor and Trustee, and any suc.ces o or substitutes, the following powers with respect to my estat 1. ,'To .retain, any, �property:.roOned by. me at the time of my death; 2. To invest, reixtveetr..,or••exohange;,any;or,a11•.;f3�nc�;at any time held by him, in any stocks, bonds .or other securitie including a common trust fund or funds, or real or personal property, re:6erdless of whether such investments are author= ized for fiduciaries by the State of Virginia; -4- . I TUGM00 `,Tni; w:n Tul:'•uf;oe IU gP:•`p'F '' .. 3. To sell or otherwise dispose of any property, real or personal, owned by me at the time of my death or at any time held by the Trustee and Executor, in the manner and upon such terms. and conditions.,ao,,he may.. deem best,.,,and.no person dealing with him shall be. required to investigate the pro- priety of the exercise of any power herein or to see to the application of any Money or other. things paid or delivered to him. In the exercise of'his authority to sell or dispose of any of my real estate, my Trustee shall have full power and authority to sell or dispose of the same in whole or in part; to subdivide said real estate and to appropriate and lay out any part or parte thereof for streets, roads, squares, gardens or other open spaces, and to build, erect, make and execute •..-..c... ;upon or under. the same, buildings, sewers, drains, Sea pipes, water pipes, water courses, fences and other works necessary to or in connection with buildinggpurposes; to construct upon, said land or any part or parts thereof buildings for commer- cial purposes and to lease such part or parts theredf upon such terms or conditions as he shall deem best;,and to do any act in connection with the sale, subdividlon or•.lease°of said real estate that I migbt do if living. 4.' To distribute or divide'the principal of'my'estate in kind or cash, 'or• pdrtly in'kind 'and'•partiTy• in cash; 5. To cause any securities which may from time to time oonstittLte a part'of my-estats tfbYiAe:+regi•atgr,'ed-or•ha,ld:in, his name, or in the name of a nominee, or to hold any se+ purities in such condition that they will pees by delivery; 6. To employ -counsel and agents and to pay them reason- able compeneation.for their services; -5- A. 'j: To exercise or sell conversion or subscription rights, and to retain the property received; S. To join in or, oppose any. reorganisation, recapitalize tion, 'consolidation or.'merger, or any plan therefor; to vote at any•corporate meeting; to compromise or arbitrate any ,A claim in favor or•against the estate; to sue or institute any as action or proceedings brought against the estate; �'.. 9. In all matters to administer and invest the estate a: 'j�•, fully and freely as an individual owner might do, and to ex- ecute and deliver all instruments and to do all acts which he may deem necessary or advisable to carry out the purposes of this my Last Will.and Testament. THIRTEENTH: The word "Trustee" or "Executor and Trustee' rincludes the plural thereof and both present and future Ex- „ „,_..... ecutors and True tees under this instrument wherever the con,,-,,, test and facts require•suoh construction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this SLS day of August, 1959, to this my. Last Will and Test- ament, consisting of six (6) pages. ��� � du_E,R TIIBEAL) ;r Signed, sealed and published by the said. Lucy Elizabeth Berger Oglesby, as and for her Last Wi11 and'Testament; in the presence of the undersigned', who.ateher request and -in her �y presence, and in the preeehos of each other, do hereunto sign our names as witnesses on this day ;of August, 1959:± ..:. (SEAL) K.��wa+d'('�rli'�Au,R0.�9�- (SEAL)• �pp Al,� Sfd 1T `/RCiNIP COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902-4596 Phone (434)296-5832 Fax (434) 972 4126 Memorandum To: Ashley Davies (adavies(&.williamsmullen com) From: Cameron Langille Date: September 14, 2018 Subject: Mandatory Pre -Application Meeting for Brookhill Proffer Amendment ZMA201500007 on 9-10-2018 The following are County staff comments regarding the above noted pre -application meeting. This meeting satisfies the requirement for a pre -application meeting prior to submittal of a zoning map amendment (ZMA) application. The purpose of for the meeting can be found in Section 33.14 of the Zoning Ordinance and are italicized below, followed by staff comments: (1) provide the applicant and the county a common understanding of the proposed project; The applicant is proposing to amend the approved proffers of ZMA201500007 for the Brookhill development. The ZMA201500007 proffers, Code of Development, and Application Plan previously approved by the Albemarle County Board of Supervisors for Brookhill applies to the following parcels: Tax Map Parcel (TMP) 04600-00-00-01800, 04600- 00-00-018AO,04600-00-00-019A0,04600-00-00-019131,04600-00-00-019133,04600-00-00-019B4,04600-00-00-018D0, and 04600-00-00-018130. TMPs 04600 -00 -00 -01800,04600 -00 -00 -018A0,04600 -00 -00 -019A0,04600 -00-00-019B1,04600.00-00-019133,04600- 00-00-019134 measure a combined 277.5 acres (approximately) and are zoned NMD Neighborhood Model District. They are located on the east side of Seminole Trail (U.S. 29) directly north of the intersection between Seminole Trail and Polo Grounds Road (S.R. 243). Each property is within the Entrance Corridor (EC) Overlay District, Airport Impact Area Overlay (AIA) Zoning District, and Managed Steep Slopes Overlay Zoning District. Portions of TMPs 04600-00-00- 018A0, 04600-00-00-019A0, 04600-00-00-019133, and 04600-00-00-019134 are within the Flood Hazard Overlay (FH) Zoning District. There are areas of Preserved Steep Slopes Overlay Zoning District within TMPs 04600-00-00-01800, 04600 -00 -00 -018A0,04600 -00-00-019A0,04600-00-00-019133, and 04600-00-00-019134. TMPs 04600-00-00-018DO and 04600-00-00-018130. are zoned RA Rural Areas. Both properties are within the Entrance Corridor (EC) Overlay District and the Airport Impact Area Overlay (AIA) Zoning District. Portions of TMP 04600-00- 00-018D0 are within the Flood Hazard Overlay (FH) Zoning District. TMPs 04600 -00 -00 -01800,04600 -00 -00 -018A0,04600.00 -00 -019A0,04600 -00-00-019B1, 04600-00-00-019133,04600- 00-00-019134 4600- 00-00-019134 are designated for future land use as Neighborhood Density Residential — residential (3 — 6 units/acre) supporting uses such as religious institutions, schools and other small-scale non-residential uses; Urban Density Residential - residential (6.01 — 34 units/ acre); supporting uses such as religious institutions, schools, commercial, office and service uses; Urban Mixed Use (in Centers) —retail, residential, commercial, employment, office, institutional, and open space; NS -Neighborhood Service Center; Privately Owned Open Space/Environmental Features — privately owned recreational amenities and open space/ floodplains, steep slopes, wetlands, and other environmental features in the Hollymead-Places29 Master Plan. Applicable County Code sections are as follows: 1. Section 33.15 - Apolication for a Zoning Map Amendment 2. Section 20A — NMD Neighborhood Model District (ti) Consistency with the Comprehensive Plan 0 Proposals for development in the designated Development Areas are evaluated for conformity with the Neighborhood Model. The proposed proffer amendment is consistent with the Neighborhood Model principles. (iii) Broadly identify the planning, zoning and other issues raised by the application that need to be addressed by the applicant Components of the ZMA application - The applicant must provide a revised proffer statement with the ZMA application. A copy of the revised proffers is attached to this letter with several edits from staff. o Please submit a justification statement with the ZMA application that outlines why the proffer amendment is being requested (VDOT Smart Scale project now initiated to construct the road). The justification statement should also demonstrate that no other components of the approved Brookhill rezoning are being changed (no changes to the Code of Development or Application Plan). If desired by the applicant, a request can be filed to the Clerk of the Board of Supervisors to waive the public hearings (with the Commission, the Board, or both) associated with the ZMA to amend the proffers. Please consult Section 33.15 (A)(1)(a) of the Zoning Ordinance for further details. If the applicant wishes to pursue this route, the Board of Supervisors members that are within the magisterial district of Brookhill should first be contacted, in writing or via email, by the applicant asking whether they support waiving the public hearing. If so, then please provide documentation of the discussion with the ZMA application. Since proffer # I D is located on parcels outside of the development area, the applicant should contact both Ned Gallaway (Rio Magisterial District) and Norman Dill (Rivanna District) regarding the proposed proffer amendment if choosing to pursue waivers of the public hearings. (iv) Identify other applicable procedures • A Community Meeting is required as part of the review of the rezoning request. It is preferred that the community meeting be held in conjunction with a Places29-North Community Advisory Committee meeting. This CAC generally meets on the third (3rd) Thursday of each month at 6 PM at the Hollymead Fire Station, located at 3575 Innovation Drive. You are responsible for setting up that meeting with staff and the CAC chair, Chris Scharnbeck. This meeting should be held, if possible, within 30 days from the date the zoning map amendment is submitted. o Adjacent property owners, the Planning Commission liaison, and the Board of Supervisor liaison (and the Coordinating Reviewer/planner) should receive advance notification of this meeting (date/time/location). The applicant is responsible for preparing the community meeting invitation letter and mailing the letters to all property owners included on that list. • A template for the Community Meeting invitation letter is included with this letter. Please revise as necessary and submit a copy with the ZMA application if you will not pursue waiving the community meeting. • If desired, you may submit a written request to the Director of Planning requesting a waiver to the community meeting, as described in Section 33.24 (C) of the Zoning Ordinance. Staff only recommends this if the applicant is requesting to waive the public hearings for the ZMA application. (v) Identify the information the applicant must submit with the application, including the supplemental information • See attached checklist. If you have any further questions, please contact me at 434.296.5832 ext. 3432 or blan illeaalbemarle.ore. Sincerely, 4, , pI a Cameron Langille Senior Planner Attached: A) ZMA Application B) Community Meeting Guidelines C) Community Meeting Invitation Letter template D) ZMA Application Checklist E) Amended Proffers with Staff Revisions Brookhill TMP and Ownership Chart 9/14/2018 TMP Owner Address 46-18A HAUGH, CHARLES R & ELIZABETH ANN 2575 SEMINOLE TRAIL 46-18 OGLESBY CHARLOTTESVILLE VA 22901 HAUGH, CHARLES R & E J OGLESBY JR 435 PARK ST 46-19A TRUSTEES CROCKETT CORPORATION CHARLOTTESVILLE VA 22901 435 PARK ST 46-1981 CROCKETT CORPORATION CHARLOTTESVILLE VA 22901 435 PARK ST CHARLOTTESVILLE VA, 22901 46-19B2 CROCKETT CORPORATION 435 PARK ST 46-1963 CROCKETT CORPORATION CHARLOTTESVILLE VA 22901 435 PARK ST 46-19B4 CROCKETT CORPORATION CHARLOTTESVILLE VA 22901 435 PARK ST 46-18B HORNELAND CORPORATION CHARLOTTESVILLE VA 22901 435 PARK ST 46-18D CRAFfON CORPORATION CHARLOTTESVILLE VA 22901 435 PARK ST CHARLOTTESVILLE VA 22901 369219651