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HomeMy WebLinkAboutAP201800003 Application 2018-11-20Albemarle Countv Planning Application Community Develop mentDepartillent 401 N' ' tire Road Charlottesville. V,422902-45%98 a : (434.12,0&5832 Fax : (434.19721-4126 TMPF 05700-00-00-060A0 0-ovner(S): CLAYTON, JEFFREY W Application #I AP201800003_] (PROPERTY INFORMATION Legal Description I ACREAGE PARCEL B & Y Magisterial Dist., White Hall Land Use Primary Residential Single-family (incl. modular homes Ll Current 4FD Not in I A /I F District Current Zoning Primary Rural Areas [APPLICATION INFORMATION Street u.cldress 4331 SEVEN HILLS LN CHARLOTTESVILLE, 22901 Entered By 4,pplication Type IAppeal of Zoning Administrator's Determination Jennifer PritcF - 1 1� 2 0/2 619 Project TMP 57-60A Received Date 111/20/18 1 Received Date Final Submittal Date Total Fee Closing File Date I Submittal Date Final Total P ' Revision Number I Comments Legal Ad Type Sub Applicatio Convnent APPLICANT/ CONTACT INFORMATION - , ont� Nan-& CLAYT 0 N, 3 E FFREV W :dress cit-state Zi Phone P 0 BOX 2013 1 Vkla oaaa PhoneCeH ........... ... ................... . . ......... . r­'Mry '-Z—•2t, 'NILLIAM A .N T.-'NER 414 E JEFFERSON ST CHARLOTTESVILL 22902 2902 .......... Signature of Contractor or Authorized Agent Date t = FOR OFFICE USE ONLY AP # SIGN # ZONING ORDINANCE SECTION: �y �� q Fee Amount $ ( Date Paid �D I �By who`?6 �=1 y�J^r' Receipt ft 71/� 5_0 Ck#_6 � By: Application for Appeal of Zoning Administrator's Determination 23Appeal of Zoning Administrator's Determination = $258 FEES to be paid after staff review for public notice: Appeals of the Zoning Administrator require a public hearing by the Board of Zoning Appeals. Virginia State Code requires that notice for public hearings be made by publishing a legal advertisement in the newspaper and by mailing letters to adjacent property owners. The total fee for public notice will be provided to the applicant after the final cost is determined and must be paid before the application is heard by a public body. Staff estimates the total cost of legal advertisement and adjacent owner notification to be between $350 and $450. This estimate reflects the average cost of public notice fees, but the cost of certain applications may be higher. ➢ Preparing and mailing or delivering up to fifty (50) notices $? 15 11 ➢ Preparing and mailing or delivering each notice after fifty (50) $1.08 for each additional notice + actual cost of first-class postage Legal advertisement (published twice in the newspaper for each public Actual cost hearing) (averages between $150 and $250) Contact Person (Who should we call/write concerning this project?): William W. Tanner Address 414 E. Jefferson Street Daytime Phone (434) 977-4507 Owner of Record Jeffrey W. CIe Address P.O. Box 280 n City Charlottesville Fax # (434) 977-6574 State VA Zip 22902 E-mail wwtanner@paynehodous.com City Ivy State VA Zip 22945 Daytime Phone (434) 823-4829 Fax # O E-mail flyingfarmer@mindspring.com Applicant (Who is the Contact person representing?): Jeffrey W. Clayton Address P.O. Box 280 City State VA Zip 22945 Daytime Phone (434) 823-4829 Fax # ( ) E-mail flyingfarmer@mindspring.com County of Albemarle Department of Community Development 401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296-5832 Fax: (434) 972-4126 Revised 11/1/2015 Page I oft Project Name: Tax map and parcel: 05700-00-00-060A0 Physical Street Address (if assigned): 4331 Seven Hills Lane, Charlottesville, VA 22901 Location of property (landmarks, intersections, or other): Zoning: RA The following information shall be submitted with the application and is to be provided by the applicant: I ) Completed application including subject of appeal. 2) Justification for applicant's position, including error in Zoning Administrators determination. You may use the space below to provide this information or submit an attached sheet. 3) If applicable, a copy of the latest deed for the property involved, and the approved and recorded plat. 4) If applicable, the appropriate drawings showing all existing and proposed improvements on the property and any special conditions for the situation that may justify the appeal. 5) Reference to the relevant Zoning Ordinance section or other applicable regulations or case precedence to justify the appeal. 6) Appropriate fee made payable to the County of Albemarle. Explanation of error in determination and justification of applicant's position: Please see the attached letter from counsel for the Appellant. Owner/Applicant Must Read and Sign I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. Date: �` V Signature o Owne or Contract Purchaser, Agent William W. Tanner Print Name 434-977-4507 Daytime phone number of Signatory Board of Zoning Appeals Action/vote: Board of Zoning Appeals Chairman's signature: Date: Revised 11/1/2015 Page 2 of 2 Frederick W. Payne Robert P. Hodous Donna R. DeLoria William W. Tanner Kristina M. Hofmann Christopher R. Tate Payne & Hodous, L.L.P. Attorneys at Law 414 East Jefferson Street Charlottesville, Virginia 22902 November 19, 2018 Community Development Department 401 McIntire Road Charlottesville, VA 22902-4596 Attn: Amelia McCulley Telephone: 434-977-4507 Facsimile: 434-977-65 74 Re: Notice of Official Determination of Violation dated 10/22/18 Jeffrey Clayton, 4331 Seven Hills Lane, Charlottesville, VA 22901 Tax Map /Parcel 05700-00-00-060A0 Grounds for appeal to Board of Zoning Appeals: Violation 1 is in error because the activity noted, to the extent it could be a violation of the zoning ordinance, is not occurring on the subject property and the determination is therefore incorrect as a matter of fact. To the extent this activity is occurring on the subject property, it is a lawful non -conforming use pursuant to Va. Code § 15.2-2307 and/or a lawful accessory use to agriculture pursuant to Albemarle County Code § 18-10.2.1. Violation 2 is in error because it is a lawful non -conforming use pursuant to Va. Code § 15.2-2307, occurring since, at the latest, 1951, and, to the extent it could possibly be a violation of the zoning ordinance, has been abated as of the date of this filing. Violation 3 is in error because the "soil processing business" conducted on the subject property is a lawful agricultural service occupation permitted by right pursuant Albemarle County Code § 18-10.2.1; to the extent the use is somehow not lawfully conforming, said use commenced in approximately 1954 and has been in continuous operation since that time, and is a lawful non -conforming use. These grounds will be supplemented as more information becomes available. Sincerely, William W Tanner wwtanner@paynehodous.com Payne & Hodous, L.L.P. Attorneys at Law 414 East Jefferson Street Charlottesville, Virginia 22902 Frederick W. Payne Robert P. Hodous Donna R. DeLoria William W. Tanner Kristina M. Hofmann Christopher R. Tate November 19, 2018 Community Development Department 401 McIntire Road Charlottesville, VA 22902-4596 Telephone: 434-977-4507 Facsimile: 434-977-6574 Re: Notice of Official Determination of Violation dated 10/22/18 Jeffrey Clayton, 4331 Seven Hills Lane, Charlottesville, VA 22901 Tax Map /Parcel 05700-00-00-060A0 Grounds for appeal to Board of Zoning Appeals: Dear Community Development Department: Enclosed please find an appeal of the Notice of Official Determination of Violation dated 10/22/18 issued to him by Ms. McCulley, together with the appropriate fee in the amount of $258.00. Please feel free to contact me with any questions. Sincerely V� William WFi wwtanner@paynehodous.com RECEIVED COMMUNITY DEVELOPMENT Instrument Control Number � 7 Commonwealth of Virginia Land Record Instruments Cover Sheet - Form A [ILS VLR Cover Sheet Agent 1.0.66] Date of Instrument: [1/26105 ] R Instrument Type: [DG ] Number of Parcels [ 11 i Number of Pages [ 8] 002331 III11111�IlII�IIlIa11�11111IN7IIHllllall�lllfllll<ul@I�pet NEE IIiIINII Recorded: "J"12005 et 03.27,54 PM Fee Amt: $es.00 Paae t of 10 Albemarle GountY, VA shelby200550all 2337rk Circuit Court e,2919 Pa143-152 ..._........................................ _ ... CityDCounty[tl [Albemarle County ] (Boxfor oeedstamponlI First and Second Grantors Last Name First Name Middle Name or Initial 1 Suffix [Clayton ] [John ] [W ] [Jr First and Second Grantees L Last Name First Name t Middle Name or Initial Suffix p ❑ [Clayton j (Jeffrey I (W j [ Grantee Address (Name) [Jeffrey W. Clayton (Address 1) [P.O. Box 280 (Address 2) [ (City, State, Zip) [Ivy ] [VA] 122945 Consideration [0.00 ] Existing Debt 10.00 ] Assumption Balance [0.00 Prior Instr. Recorded at: City E County❑ [ ] Percent. in this Jurls. [ 10C Book [ ] Page [ ] Instr. No [ Parcel Identification No (PIN) [ Tax Map Num. (If different than PIN) [057000000060A0 Short Property Description [10.02 acres, Parcel Y I Current Property Address (Address 1) [Three Notchd Road (Address 2) [ (City, state, Zip) [Crozet ] [VA ] [22932 Instrument Prepared by Recording Paid for by Return Recording to (Name) (Address 1) (Address 2) (City, State, Zip) Customer Case ID Cover Sheet Page # 1 of 1 [W. G. Pickford [W. G. Pickford [W. G. Pickford [P.O. Box 95 [ [Crozet t 8' r � i t i ] [VA ] [22932 ][ 002337 Prepared by W.G. Pickford TMP 05700-00-00-060A0 EXEMPT FROM TAXATION PURSUANT TO SECTION 58.1-811 THIS DEED OF GIFT, made this 26'h day of January 2005, by and between JOHN W. CLAYTON, JR., Grantor, and JEFFREY W. CLAYTON, Grantee, whose address is: P.O. Box 280, Ivy, VA 22945, WITNESSETH: That for and in consideration of the mutual love and affection of the parties hereto, Grantor does hereby GRANT, GIVE and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS of TITLE unto Jeffrey W. Clayton the following described parcel of real property, being: All that certain tract or parcel of land lying in the White Hall Magisterial District of Albemarle County, Virginia, being more particularly described as Parcel Y, containing 10,02 acres, on plat of Roger W. Ray & Associates, Inc., Land Surveyor, bearing date October 12, 2004, attached hereto. Said parcel is a portion of a larger tract passing to John W. Clayton, Jr. and Annie Daniel Clayton, husband and wife with full rights of survivorship, by the terms of the will of Martha H. Clayton of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Will Book 82, page 23. Annie Daniel Clayton died May 24, 2003, and fee simple title to said property vested in John W. Clayton, Jr. by right of survivorship. As shown on said plat, the property conveyed herein shall become a part of the property of the Grantee identified thereon as TM 57-60A and shall not remain a separate parcel. This conveyance is made subject to applicable easements, restrictions, covenants and conditions contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title which have not expired by time limitation contained therein or otherwise become ineffective. This conveyance is exempt from taxation pursuant to the provisions of Virginia Code Section 58.1-811. WITNESS the following signature and seal: (SEAL) -r . Cla on, Jr. STATE OF VIRGINIA, AT LARGE CITY/COUNTY OF , to -wit: The foregoing instrument was acknowledged before me by John W. Clayton, Jr. on the day of January 2005. My commission expires: 11 /34/7io 03 q,407 Y`' Notary Public z C7 CURVE TABLE BEAVER CREEK RESERVOIR 680 802 T,M.57-30B T,M.57-60A Y .. PARCEL X 240 •i. " .. 680 250 250 KEY MAP 6 VICINITY MAP GL ROGER W.RAY 1331 NOTES: 1. ONNER(S) S ADDRESS: D BEARING T.M.57-30A AND T.M.57-30B B745'21"W JOHN W.CLAYTON,JR. 0'33'11"W P. O.BOX 167 B'15'12'W IVY,VIRGINIA 22945 0'40'14"W T.M.57-60A 3'42'20'E JEFFREY W.CLAYTON P.O.BOX 280 8'51'53'N IVY,VIRGINIA 22945 6'26'53'W 1'57'O6'E 2. LEGAL REFERENCES FOR PLAT W.B.82-23 6 D.B.197-197 97 PLAT 4 '47'16'E 1'O2'O9"E 3. BOUNDARY DATA SHOWN HEREON IS BASED ON A 4 '42'57'E CURRENT FIELD SURVEY. 7'44'35"W 4. SHOULD AN OFFICIAL DETERMINATION OF PARCELS O740'46'W OF RECORD REVEAL THAT ADDITIONAL PARCELS AND/CR DEVELOPMENT RIGHTS EXIST, THE INTENT OF THIS PLAT IS NOT TO COMBINE PARCELS OR EXTINGUISH DEVELOPMENT RIGHTS. 5. DENOTES APPROXIMATE LOCATION OF AREA WITHIN ZONE A18(100 YEAR FLOOD PLAIN)ACCORDING TO THE FLOOD INSURANCE RATE MAP,OATED 12-16-80 (COMMUNITY PANEL 510006 0185B). 6, DENOTES APPROXIMATE LOCATION OF AREA WITHIN ZONE B(100 TO 500 YEAR FLOOD PLAIN)ACCORDINC TO THE FLOOD INSURANCE RATE MAP,OATEO 12-16-BO(COMMUNITY PANEL 510006 DIEM. SCALE: 1' - 1000'*/- VIU THE LAND USE NOTES SHOWN ON THIS PLAT ARE IMPOSED AT THE REQUEST OF THE DIRECTOR OF PLANNING. BY PLACING HIS/HER SIGNATURE ON THIS PLAT HE/SHE HAS DEEMED THAT THEY ARE CORRECT AND IN ACCORDANCE WITH THE ALBEMARLE COUNTY ZONING ORDINANCE IN EFFECT THIS DATE, THESE NOTES ARE NOT RESTRICTIVE COVENANTS RUNNING WITH THE LAND AND THEIR APPEARANCE ON THIS PLAT IS NOT INTENDED TO IMPOSE THEM AS SUCH, ANY REFERENCE TO FUTURE DEVELOPMENT RIGHTS SHOWN HEREON IS THEORETICAL. A. PROPERTY ZONED RA. B. LOT 1 IS ASSIGNED TWO DEVELOPMENT RIGHTS. C. LOTS 2 G 3 MAY NOT BE FURTHER DIVIDED. D. LOT 4 IS ASSIGNED TWO DEVELOPMENT RIGHTS. E. ACCORDING TO THE U.S.G.S.TOPOGRAPHIC MAP, LOTS 1. 2, 3 6 4, EACH HAS A MINIMUM OF 30,000 S.F. OF AREA WITH SLOPES LESS THAN 25%. F. THE STREAM BUFFER SHOWN HEREON SHALL BE MANAGED IN ACCORDANCE WITH THE WATER PROTECTION ORDINANCE OF ALBEMARLE COUNTY. THE DIVISION OF LAND DESCRIBED HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDER- SIGNED OWNER, PROPRIETORS, AND TRUSTEES. ANY REFERENCE TO FUTURE POTENTIAL DEVELOPMENT IS TO BE DEEMED AS THEORETICAL ONLY. ALL STATEMENTS AFFIXED TO THIS PLAT TIRE TRUE AND CORRECT TO BEST OF KNOWLEDGE. HN W.CLAYTON.JA.�' IIA6FREY W.CLAWTON ACKNOWLEDGED BEFORE ME THIS _ 20Q-'L-- BY JOHN W.CLAYTON,JR. AND JEFFREY W,CLAYTON NOTARY PUBLIC MY COMMISSION EXPIRES APPROVED FOR RECORDATION : PLAT SHOWING LOTS 1 THRU 4 A DIVISION OF THE JOHN W.CLAYTON,JR.PROPERTY ALSO PARCEL X,A PORTION OF THE JOHN W.CLAYTON,JR.PROPERTY BEING ADDED TO AND COMBINED WITH REVISED T.M.57-30B AND PARCEL Y.A PORTION OF THE JOHN W.CLAYTON,JR.PROPERTY BEING ADDED TO AND COMBINED WITH REVISED T.M.57-60A THE PROPERTY OF JEFFREY W.CLAYTON LOCATED ON STATE ROUTES 240 6 680,NEAR BEAVER CREEK RESERVOIR WHITE HALL DISTRICT ALBEMARLE COUNTY,VIRGINIA SCALE: i' - 100 * DATE: OCTOBER 12, 2004 FOR JOHN W.CLAYTON,JR. ROGER W.RAY G ASSOC..INC. 1717-iB ALLIED STREET CHARLOTTESVILLE,VIRGINIA 22903 TELEPHONE: (434) 293-3195 DATE SHEET 1 OF 3 13157 z Pa S27'41'51'E _ -..........._.. _-1 5. 79' '••-•••-. •'• ..._. •' ""'^•- ". T. M.57-59 F MOUNTAIN PLAIN BAPTIST CHURCH "^ ' A. IRON ,"'•\CS "• D.B.157-227 i D.B.f02-453 to 'ti�SQ�P FOUND OHO \'••,,\ S2O'17' 12'W ^iR'Q hti �h h� h tih' t 244.28' cj 'V fV 0 9 O' .m`�_ `.Lry fit. '•. �Gs, 2V T. M.57-308 ,'•., PIPE Q't JOHN W, CLAYTON, JR. FOUND D.8.297-467,468 PLAT a` \ rs rn rn m m LOT 3 5,00 ACRES ,\ SEE SHEE' N 3: O I -f 111 W \•',1\ �Z1-fIf1U O �mav imm t LOT 4 C �1 0� i ✓ ZO IRON t � S70'13'0B' SET t ' i t 87. 56'— N IRON S37'26'34'W J FOUND H ti 164.17' t POLE m52n NQ�m ivo N80'38'37'E ./ ~`dOm IRON Zo o SET 87.12',i,. i v --"AEAM BUFFEq —�- _ \•. .. /'!/ o IRON FOUND w X : gPPAOXIMg1E LOCATION STREAM 16 '55' 23' N 160,21' X c ` : r d� a 61elaJ A' J U Y 00 Mm0N i MRm I �g OmmlN =ry�N1ifna N Om N �D�m � UImO 0 5� o 0 Z 51 POLE m •�•LOT 2 IRON 23.49 ACRES '�,• • SET ••� \ LOT 1 \ ss 7.89 ACRES �s 240 130'PRE5CRIPTIVE C3 C2 T•M.57-3OA1 N43-47'54-W N32'42'29'W EDMUNO M.6 SUZANNE T.CHITN000 — 74.92' 122.35' 0.8.2622-511.515 PLAT A� 4r Np9r H p' 9 �S7 2 S� T. M. 57-BIE WILLIAM J.FABREY 6 NANCY SUMMER D. B.953-688 D.B.1154-542 PLAT S00 ' 19' 48 • E 50.75' POLE S 16'2B' 02 -W, 50.00' 3 OF 3 /•' 80.....::.---- T.N.�r HZ 5� - -e'-. \`•. `'.. �� T E.HIEME 5 0 �65 6 POLE...', � ... •• \ HAR0A8292 640 PLAT �9 D.B. RON\. T.M.57-57 �\ F, FOUND GEORGE K.NOTEMAN CAROLYN A. BOND ,�°,1'1•.'.' ' '.' ' ' ..'..'�'.�• � •�•`.. '••D.B.1292-648 PLAT j T.M.57-30 PIPE`1 •12�.• 1).8.579-509 PLAT ROBERT JOHN BRUGGER FOUN ®, 0.8.702-350 '• 533'09'44'W METAL POST 0.0.291-3B6 PLAT 241.32' FOUND \S28'49'05'W BRIDGE PIPE .... ��,•.' NAIL, FnuNn ,'. ••'.'.••.'..'.'.'.'.'..'.'.'.'.'..'.'.'.'.'.' •,.....'. �• '.'..Q_ po SET N48.23-54-W SCALE: i" s 100' DATE: OCTOBER 12, 2004 464.50' w .Z. RIGHT -OF -MAY AS SHOWN ON VDOT PLANS -� PROJECT 5902-04 G 5902-06 x NO DEED OF CONVEYANCE COULD BE FOUND FOR THIS RIGHT -OF -NAY SHEET 2 OF 3 13157 I T.M.57-BOA JEFFREY M.CLAYTON D.B.1421-218 D.B,1244-492 PLAT (29.35 ACRES) l REVISED T.M,57-60 39.374 - A R S fOT IRON t —x ET S47']4'37'•E ry T.M.57-59 ro MOUNTAIN PLAIN BAPTIST CHURCH x\ /+ V D.B.157-227 SETIRON OlE 1 D.8.102-453 0 - IRO o° n SET 01* AXLE FOUND N 1 S29' h� m `• 3S• IRON 2q.30 F SET a N yam, o m N20' 163. 08' T.M.57,-30B JOHN N.CLAYTON, JR. 1.76 ACRES w Q t 0.8.297-467.468 PLAT N m V LOT 3 S N m 4 z POLE I11 .. 0TA( + n + IRON e SET -' S6 ------- j p A g ACRE 3z I Ir _ 00 .,•00 POLE S37'26'34'X 184.17'— SEE SHEET 2 OF 3 POLE C" 570'13'OB"E 87.56' NBO'33'37'E n LOT 2 LOT 4 9.51 ACR BARN N77'34'51'M 68.06' ROE E S55'56'29"E 579.73' ..SrREgH W —`STEAM 9U"-�F� 1 / 00 n x c PARCEL Y 10.02 ACRES N 599.85 w U 2 W 4 �386.73' N56 '28'37'W IRON x FOUND IRON IRON A. FOUND 171.79- SET 9 o a b H cd > a Z > in t- aPd man S Q J mm wNzz�mpp���lll olm ti W 00 m n v � o Y W n x o .may LL N TINE o ANCE j STATE ROUT N E.0 IRON ...-..__._..• C13 "' •. -- SET N43'27'14'W -• A8! 59.51' T.M.57-30 N41'24'06'W !RT JOHN BRUGGER 26.10' D,B.702-350 B.291-3B6 PLAT T.M.57-58 W MARGARET E.HIEMENZ M 0.8.1412-640 D.B.1292-648 PLAT U 6 IRON SET T.M.57-BIE WILLIAM J, FABREY 6 NANCY SUMMER 0.8.953-688 D.9.1154-542 PLAT SCALE: V - 100' DATE:: OCTOBER 12.2004 b/SHEET 3 OF 3 13157 RECORDEADLBEMARLE ON FFtCE OF February I i ,2005 AT 3:27:54 PM GRANTOR TAX PD D AS REQUIRED BY L�COAL. $050�"B02 0 STATE: $0.00 COUN VA ALBEMARLE CUIT COURT SHE M ALLCLERK c r— 0097. "1. THIS DEW, made this 27th day of July, 1994, by and between JEFFREY W. CLAYTON and CARRIE R. CLAYTON, husband and wife, hereinafter referred to as Grantors, and JEFFREY W. CLAYTON, hereinafter referred to as Grantee, whose address is P. O. Box 280, Ivy, Virginia 22945; W I T N E S S E T H: That pursuant to the terms of a separation agreement entered into between the parties, bearing date July 21, 1994, Grantors do hereby GRANT, and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Jeffrey W. Clayton, the following described parcels of real property, being: PARCEL ONE: All that certain tract or parcel of land with appurtenances thereunto belonging, containing by estimate 34.32 acres, lying on the west side of State Route 677 in the Ivy Magisterial District of Albemarle County, Virginia, about 3 miles west of Charlottesville and being the same property as that conveyed to Grantors by deed of Martha H. Clayton, widow, bearing date June 26, 1986, of record in the Clerk's Office of the Circuit Court of said County in Deed Book 888, page 93 and by deed of John W. Clayton, Jr., and Annie D. Clayton, husband and wife, bearing date February 7, 1994, of record in said Clerk's Office in Deed Book 1387, page 688; and PARCEL TWO: All that certain tract of parcel of land with improvements thereon and appurtenances thereunto belonging, lying in the White Hall Magisterial District of Albemarle County, Virginia, being more particularly described as Parcel B J. J; I l;. i I ?;; i J �l containing 29.3513 acres on plat of Gary M. Whelan, Land Surveyor, bearing date June 19, 1992, which plat is attached to and recorded with a deed of John W. Clayton, Jr., and Annie D. Clayton, husband and wife, bearing date August 7, 1992, of record in said Clerk's Office in Deed Book 1244, page 490, wherein said property was conveyed to the Grantors herein. As evidenced by her signature hereto, Carrie R. Clayton specifically releases all claims she may have in said property pursuant to the provisions of Virginia Code Section 64.1-16.1, et. seq. This conveyance is made subject to applicable easements, restrictions, covenants and conditions contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title which have not expired by time limitation contained therein or otherwise become ineffective. This deed is exempt from taxation pursuant to the provisions of Virginia Code Section 58.1-806. WITNESS the following signatures and seals: {v (SEAL) ey W. QUyton C4to�x l:Cu9n./ % (SEAL) Carrie R. Clayton STATE OF VIRGINIA AT LARGE ' CITY/ttUNTY OF to -wit: The foregoing instrument was acknowledged before me this 28th day of July, 1994, by Jeffrey W. Clayton and Carrie R. Clayton. My commission expires: Notarty Public VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMAR THIS DEED WAS PRESENTED, AND WITH CERTIFICATE ANNEM, I TO RECORD ON S ADMI 19 ' AT_3L/Y - O'CLOCK U �M. STATE TAX S (039) LOCAL TAX $ (213) TRANSFER FEE =(212 ) VSLF $ 1.00 (145) CLERK'S FEE $(301) PLAT SEC.58.1-802:0 STATE TAX $ _(038) SHELBY J•MARSHALL, LOCAL TAX $ (220) LOCAL TAX ; (223) BY: DEP TOTAL i )�-1- r EK 1397`3'96q?C� THIS DEED, made this 711h day of February, 1994, by and 002991 between JOHN W. CLAYTON, JR. and ANNIE D. CLAYTON, husband and wife, hereinafter referred to as Grantors, and JEFFREY W. CLAYTON, and CARRIE R. CLAYTON, husband and wife, hereinafter referred to as Grantees, whose address is Box 280, Ivy, Virginia 22945; W I T N E S S E T H That for and in consideration of the sum of THIRTY THOUSAND AND NO/100THS DOLLARS ($30,000.00), of which $15,000.00 is cash in hand paid, receipt of which is hereby acknowledged, and the balance of $15,000.00 is evidenced by five (5) deferred purchase money real estate bonds payment of which is secured by the lien of a deed of trust executed contemporaneously herewith, Grantors do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Jeffrey W. Clayton and Carrie R. Clayton, husband and wife, as tenants by the entirety with full rights of survivorship as at common law and not as tenants in common, all their right, title and interest in and to the hereinafter described real property being an undivided one-half interest; said property being more particularly as: All that certain tract or parcel of land with appurtenances thereunto belonging, containing by estimate 34.32 acres, lying on the west side of State Route 677 in the Ivy Magisterial District of Albemarle County, Virginia, about 3 miles west of Charlottesville, Virginia, and being the same property as that conveyed to John W. Clayton and Martha H. Clayton, husband and ex I:j-^7°30►689 wife as tenants by the entirety and John W. Clayton, Jr., and Annie D. Clayton, husband and wife, as tenants by the entirety by deed of Mawyer Brothers Farms, bearing date March 7, 1969, of record in the Clerk's Office of the Circuit Court of said County in Deed Book 455, page 315, LESS and EXCEPTING a parcel conveyed off therefrom by deed of record in Deed Book 507, page 335. John W. Clayton died September 7, 1979 thus vesting the one-half interest acquired as aforesaid in Martha H. Clayton by right of survivorship. Martha H. Clayton conveyed her undivided one-half interest to the Grantees herein by deed dated June 26, 1986, of record in the aforesaid Clerk's Office in Deed Book 888, page 93. By virtue of this conveyance, the Grantees will own the entire fee simple interest in said property. This conveyance is made subject to applicable easements, restrictions, covenants and conditions contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title which have not expired by time limitation contained therein or otherwise become ineffective. WITNESS the following signatures and seals: (SEAL) n W. Clayto , J . (SEAL) Annie D. Clayton OK 13$71'-0690 STATE OF VIRGINIA, AT LARGE CITY/COUNTY OF Alkernarle to -wit: The foregoing instrument was acknowledged before me this _UA_ day ofaiy+, 1994, by John W. Clayton, Jr. and Annie D. Clayton. My commission expires: .30, Ml. Nota y Public VIRGINIA: IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF ALBEMARLE: THIS DEED wAS PRESENTED, AND WITH CERTIFICATE ANNE=, IS ADMITTED RECORD ON ,19�. AT 3 ' Sa O'CLOCK �!!. Ta S�TAX co 039) TAR $ .� TRANSFER FEE (213) VSLF FEE $ 1.00 (145) :___L2,=(301) CLERK'S PLAT ; SEC.58.1-802: ± 15 (038) STATE TAX (038 Z�) LOCAL TAX (223) LOCAL TAX TOTAL a� — TESTE: SHJ.MARS .CLERK BY: EnDEPUTY CLERK I W- t ws phi g WOW A 400004t JW~r I a Ii7/Ri�1 - R r J.. IED DEDICATION 4"wo Cr"k Wataulmd Frolft-t C. M-arcer Garnott Dam film% PROGRAM les ItN PIUMI)INC; KA INVOCATION H, X ot)Nm-,%N 17-10rW 44moPwl Chm"rh ,t Above I^vl PROF-M,Al I ('YX A N 1) M '001 ANCIR. 01i 0A NI 'rom F. McGmimsN Vs, iwit COON",wha" Se"mv ROMNX G. WAVIAND Thn**-% /.-frrwm saii (Vmm)#Aw 1*ofa Vwi^*- N. C;,%**m Sitpr"tw, Whfti, H411 1*hiro 12P fntcl"gr tip -�'47,984.00 UNVEJUNG OF DEDICATION PtAQUX llk*X4JP G. W,%YTANb FmAx N, (;A*Xkrr CaMtAD L. W*W ADDRESS HAX*Y F. BYJW triwiled shales $m1dir Beaver Cmek Wat-a-shed Project SIAM"" T ay 11WOARAWN StAL A?4* WAIM 0lM4UtVAllKkN Dwmh-T ... W46 Umfoghlod Awomf4ishmenis DMiroted oa a Grammg cm"W"ily Gjo 1,jiONWEALTHi OF VIRG11% µCI STATE CORPORATION COMMISSION NO. 23604 John til.lis Clayton, Sr. and John Willis Clayton, Jr. t/a John T. Clayton y. Son, Mechum river, Virginia having agreed to comply with the laws of the Commonwealth of Virginia and t?e rules and regulations of the State Corporation Commission lawfully applicahle, in accordance with the provisions of Chap- ter 129, Acts of General Assemhly of Virginia of 1936, as amended is her°eh y issued a PERMIT for the transportation of__Pr0Pert`' V`hy Motor Vehicles on the highways of the Commonwealth as a contract carrier. ]dated at Richmond, this — day 0f___1De erfiber---19�� STATE CORPORATIO COMMISSIOIN Commissioner