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HomeMy WebLinkAboutVA198400046 Application 1984-08-14 (5) • Sim Erect- By: '' Staff: ``o, )10 A APPLICA.r"RCN FOR VARIANa Zoning Dept 401 McIntire Road • Charlottesville, VA 22901-4596 County of Albemarle 296-5832 Date of App1,sari as � , 19 . C tER CF PROP CY OCCr2i r (If other than owner) Mace: Ijoui I hrcker Name: Address: () , j,\( R ) Address: Telephone: $ 1 - 4 I Telephone: Location of Property: Tax Map Parcel • Acreage 3 , ± Existing Zoning District Er sting Use: r'e,T a n Variance sought (describe briefly relief sought) : YY�c e c (..„„\ \, A e, L.s.. J 4(, . ► Q p Cr�rli-\ C t t: : i lb.. 1 Co v� � _a �c �. , -- 4_ 3LtEr-r) h i ,fie t� .c� 0A (, Qst o f 4 ,4 I hereby certify that the foregoing information is true and correct to the best of ray knowledge and belief and that I am the otiazer named above. Data KR. OFFICE Ua CY Zoning Ac -ri stoator bas/bas riot raadered a decisim. If so, state substance of decision: Date of Hearing: ! t, 9 :^ 71 -I -) '`P.'. Final Decision Maw: The. variance sought was deniedrapproved with the following conditions: 4s Special Use Pealit# BOARD OF = M G APPEALS Sign Petro BY: Date Building Pp*-Trri tr� Bu j .c'i FALBq 00 r uu: MICHAEL E. TOMPKINS DEPARTMENT OF ZONING KENNY THACKER ZONING ADMINISTRATOR 401 MCINTIRE ROAD ZONING INSPECTOR ANDREW D. EVANS CHARLOTTESVILLE, VA. 22901-4596 JOHN GRADY DEPUTY ZONING ADMINISTRATOR ZONING INSPECTOR (804) 296-5875 KATHY BRITTAIN AGENCY COORDINATOR January 9, 1984 Franklin, Franklin And Denny c/o William D. Heatwole P.O. Drawer 1140 Waynesboro, VA 22980 Re : Your File #16471 (Thacker V. Spainhour) Dear Mr . Heatwole: Information I am currently aware of is that two (2) surveyors agree on the property line unofficially. If the situation is such, then I see no reason why a variance should not be applied for at this time. Your letter to me dated November 15, 1984, stated that you are attempting to settle the property line dispute. I need for you to either furnish me proof that the house is not in violation, pursue the variance route, or furnish me more specifics about how this situation is going to be resolved. A letter dated April 19, 1984, to me stated that your firm had retained a surveyor to verify the Spainhour plat ' s accuracy. My office has never been informed on the findings by your surveyor. As stated previously, the situation has been ongoing since April , 1984 , and has yet to be resolved. I plan to refer the matter to the County Attorney ' s office if something substantial has not been received by January 21 , 1985, in our office. Sincerely, yi—) drew ,D. Evans eputy Zoning Administrator ADE/mdv cc: VA-84-46 V-84-27 County Attorney NOW GIs{ OF ALBz�� cO0 y pF ALg l� K. , 7� T DEPARTMENT of ZONING 401 McIntire Road Charlottesville, VA 22901-4596 804 296-5832 May 3, 1984 Davy L. Thacker P.O. Box 452 Crozet, VA 22932 Re: Violation File #V-84-27 Tax Map 85, Parcel 6 Dear Mr. Thacker: My letter is in reference to the location of your house built under permit #77-1322. According to a survey plat submitted to this office, the corner of the house is only 2.36 feet from the property line, and a concrete pad at the base of the steps is on the adjoining property. At present relying on this survey, your residence is in violation of the side yard setback which is twenty-five (25) feet. This problem should be rectified by obtaining a variance from the Board of Zoning Appeals. Application can be made through our office. Upon review of the building permit file there has never been a Certifi- cate of Occupancy issued for your residence. This could not be issued until the setback problem is resolved. This letter is a second notice in reference to the above matter. Please follow-up on your surveyor's response by no later than May 25, 1984. Again, thank-you for your prompt attention to this matter. Sincerely, , i) , „......,,,,-- ,e7 / - Z:77e. -e-e---,-------2 drew D. Evans Deputy Zoning Administrator ADE/st cc: V-84-27 ^ Certified Mail #P32 4247726 LA•x OFFICI1S OF FRANKLIN, FRANKLIN AND DENNEY P O.DRAWER 1140 PAR TJ E RS WAYNESBORO,VIRGINIA 22980 HUMES 1. FRANKLIN TELEPHONE 949-6I91 HUMES I. FRANKLIN. JR. AREA CODE 703 RONALD W. DENNEY TIME BUILDING WILLIAM D. HEATWOLE • 129 N.WAYNE AVENUE JEFFREY A.WARD October 19, 1984 Herbert L. Beskin, Esquire Tucker & Parker, P.C. 1705 Seminole Trail , Suite 1 Charlottesville, VA 22901 RE: Thacker v. Spainhour (Boundary Problem) Our File r 16,471 Dear Herb: Enclosed please find a portion of a plat which was prepared by Clark and Associates. As you can see, there is a red line running from one iron to a corner of the property line established by Clark and Associates. Within that red line you will see the initials D. L. T. This line was drawn by Mr. Thacker, and we offer the proposed settlement: If your client will deed that portion of his real estate contained within the red line (towards Mr. Thacker's house). Mr. Thacker will in exchange give to Mr. Spainhour an aonroxinately one acre parcel on the west side of Mr. Thacker's property which he acquired from the Barksdales. My first thought about this exchange is that it is inuliinently fair in that he is basically giving one full acre, which will give Mr. Spainhour any right-of-way which he may have wanted, for the acquisition of less than or approximately less than one quarter of an acre. I sincerely feel that this is an amicable solution to this problem, and I would hope your client would feel the same way. I look forward to hearing from you, and I am Yours truly, William D. Heatwole WDH/pbc enclosure / /26 (;` f 5 cc: David Thacker f`'�i� " C,'r �" of hi- p L • 0F ALBFMq *..Of C, F ALB4, �4 `1RGIN�P MICHAEL E. TOMPKINS DEPARTMENT OF ZONING KENNY THACKER ZONING ADMINISTRATOR ZONING INSPECTOR 401 MCINTIRE ROAD ANDREW D. EVANS CHARLOTTESVILLE. VA. 22901-4596 JOHN GRADY DEPUTY ZONING ADMINISTRATOR ZONING INSPECTOR (804) 296-5875 KATHY BRITTAIN AGENCY COORDINATOR November 6, 1984 Franklin, Franklin & Denny c/o Mr. Braddock P.O. Box 1140 Waynesboro, VA 22980 Re: Davy Thacker (your file #16,471H) Dear Mr. Braddock: My letter is a request for a response to my inquiry on when your court pleading would be filed and trial date in reference to the above client . As of the date of this letter, I have yet to receive any further progress on this case. Mr. Thacker ' s house setback violation (V-84-27) has not been abated, and we wish to proceed to resolution of the matter. A most prompt response is requested on your behalf . Thanks for your time and cooperation. Sincerely, 4_ L Lei. A drew D. Evans Deputy Zoning Administrator ADE/mdv cc: V-84-27 JVA-84-46 BP-77-1322NR Reading File Nor .✓ LAW OFFICES OF FRANKLIN, FRANKLIN AND DENNEY P O.DRAWER 1 140 MARINERS WAYNESBORO,VIRGINIA 22980 HUMES I FRANKLIN TELEPHONE 949-61 911 HUMES I. FRANKLIN, IR. AREA CODE 703 RONALD W. DENNEY TIME BUILDING WILLIAM D. HEATWOLE January 15, 1985 129 N.WAYNE AVENUE' Andrew D. Evans Deputy Zoning Administrator County of Albemarle 401 McIntire Road Charlottesville, VA 22901-4596 RE: Thacker v. Spainhour Our File # 16,471 Dear Mr. Evans: I am in receipt of and thank you for your letter of January 9, 1985. I certainly can appreciate the position you find yourself in at this time. You are correct in your recollection that I informed you that we were attempting to settle the property line dispute. We were, unfortunately, unable to settle the matter at this time. Mr. Spainhour , has now obtained new counsel . I think this is about the third set of attorneys that he has employed about this problem. His new attorney is Mr. Dabney Overton, of Harrisonburg, Virginia. Further, Mr. Lindsay Barnes is representing a surveyor by the name of Mr. Huffman, in a case in which Mr. Spainhour alleges that Mr. Huffman 's survey was incorrect. Accordingly, there is some discrepancy in the survey, but it does appear that the line might he closer to the house than it was first thought. i would like to have the opportunity to meet with yoq to discuss this matter, personally, and if you think that such a meeting would be beneficial , please let me know. Yours truly, William D. Heatwole WDH/pbcTC, q j ,, cc: David Thacker d� j j JAN 16 1985 ALBEMARLE COUNTY ZONING DEPARTMENT Newer , \ FRANKLIN FRANKLIN, DENNEY AND HEATWOLE R 0 DRAWLR I14`. r•�r ivrR WAYNESBORO. VIRGINIA 22980 HUMES ) fA-RNF:P. LILIME5 I FRNILI`. Ik TLLLYH INS 94U �,1 J1 ARLA c OD! /O", RONAL I> \X DI NA.L r WILLIAM I HF qTY��LL TIME BUILDING l2L) N WAYNE AVENUE December 4, 1985 Dabney Overton, Jr. , Esquire 309 Sovran Bank Building Harrisonburg, VA 22801 RE: Thacker v. Sp. inhnu' Our File 16,471 Dear Dabney: I forwarded your offer to settle on to Mr. Thacker. Quite simply, Mr. Thacker doesn 't have that kind of money, and Mr. Spainhour should be aware of that fact. Davy would like to settle this matter, however, and to that end he is offering to trade Mr. Spainhour 1 .5 acres of his 3.3 acre tract for the shaded area on the sketch which I have enclosed. I would appreciate hearing from you, and I am, Yours truly, v William D. Heatwole WDH/pbc enclosure cc: David Thacker �Y OF ALBSviie Mq uN 00 : �A�e� <F - ®ij ' D MICHAEL t. TOMPKINS DEPARTMENT OF ZONING KENNY THACKER ZONING AQMINI$TRATOII ZONING INSPE�TOR 401 MCINTIRE ROAD ANOREW O. EVAN• CHARLOTTESVILLE, VA. 22901-4596 JOHN GRADY DEPUTY ZONING ADMINISTRATOR ZONING INSPECTOR (804) 296-5875 KATHY BRITTAIN AGENCY COORDINATOR March 24 , 1986 Certified P 572 292 214 Franklin , Franklin & Denny c/o William D. Heatwole P .O. Box 1140 Waynesboro, VA 22980 14i -+' : k " . - °irk.S Re : Thacker/Spainhour (Your File #16 ,471) �l Ct ,4 f y- Dear Mr . Heatwole : i , -k i 121 l I'j AA (. (I , , ice. ; Upon reviewing the files on the above referenced case , I c find the following: First of all , it is a fact that Mr . Thacker ' s house is in violation of the 25 foot side yard setback by reading of the deed and survey that was submitted to our office . Secondly, Mr . l Thacker needs to have a survey done to confirm that amount needed to file for a variance to be heard by the Board of Zoning Appeals . By your letter dated October 10 , 1984 , to Herbert L. Beskin , your client wanted to transfer ownership of property as per Clark and Associates survey. I Mr . Spainhour has verbally indicated to me that he will show no cause to object to Mr . Thacker pursuing a variance for setback no matter how close to his property line . I find that the matter doesn ' t hinge on trying to reach a settlement between two (2) parties . The real issue is Mr . Thacker ' s house is in viola- tion of the side yard setback . I have determined that a vio- lation exists , and Mr . Thacker on the other hand has not produced a survey showing that he is equal to or beyond the 25 foot set- back . The entire matter has been ongoing for almost two (2) years . Either have your client submit evidence that his residence meets the required setback , or file an application for a variance by or no later than April 24 , 1986 . Franklin, Franklin & Denny c/o William D. Heatwole Page 2 March 24 , 1986 I appreciate your cooperation and look forward to your reponse . Sincerely, drew D. Evans Acting Zoning Administrator ADE/mv cc : VA-841-46 Reading File II LAW OFFICES OF FRANKLIN, FRANKLIN, DENNEY, HEATWOLE AND WARD P 0 DRAWER 1140 WAYNESBORO, VIRGINIA 22980 HUMES I FRANKLIN June 5, 1986 TELEPHONE 949-6191 HUMES I FRANKLIN,1R. AREA CODE 703 RONALD W DENNEY TIME BUILDING WILLIAM D HEATWOLE 129 N WAYNE AVENUE JEFFREY A.WARD STUART C. SULLIVAN,III Mr. Andrew D. Evans Deputy Zoning Administrator County of Albemarle 401 McIntire Road Charlottesville, Virginia 22901-4596 RE: Thacker v. Spainhour Boundary Dispute Dear Mr. Evans: In accordance with your request during our phone conversation yesterday, I am writing to update you about the above-styled referenced matter. This case was set for trial several weeks ago before Judge Tremblay; but both parties non-suited their cases. My current plan (on behalf of Mr. Thacker) is to bring the case before the Albemarle Circuit Court once again in the form of a boundary dispute as I noted yesterday, I feel a survey performed by Arthur Edwards , indicating that Thacker's porch is 10 feet from the Spainhour, is correct. If the Court agrees, we will apply for a variance after the trial of this case. It is my hope that the matter can be heard by the Court by late August of this year. If you require further information, please do not hesitate to contact me. Sincerely, 4„02, Stuart C. Sullivan, III . SCS/csm SUN b 1986 ALBEMARLE COUNTY ZONING DEPARTMENT VIRGINIA : IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE DAVID TAHCKER and MARY THACKER Plaintiff VS . MOTION FOR JUDGMENT HAROLD SPAINHOUR White Gate Farm Charlottesville , Virginia 22901 Defendant TO THE HONORABLE JUDGE OF THE AFORESAID COURT : Your plaintiffs respectfully represent as follows : 1 . That on December 2 , 1977 for good and valuable considera- tion , a valid Bargain and Sale Deed was delivered to your plaintiffs by W . R . Barksdale , Sr . , now deceased , and Lorene V . Barksdale , which was duly recorded in the office to the clerk for Albemarle County at Deed Book 639 , page 122 . Said land being described as : Containing 3 . 00 acres , more or less , fronting on State Route 693 in Albemarle County , Virginia more particularly described on a plat of William Morris Foster , C . L . S . , dated June 30 , 1977 . 2 . That the property described and purchased by your mov- ants was subdivided from lands previously purchased by the gran- tors W . R . Barksdale , Sr . , now deceased , and Lorene V . Barks- dale , his wife , by a good and valid Bargain and Sale Deed date February 1 , 1944 and duly recorded in Deed Book 261 , page 88 . Your plaintiffs further represent : Count A - ( 1 ) That the practical boundary between the LAW OFFICES described property was existing and established prior to purchase FRANKLIN. FRANKLIN AND DENNEY of land by W . R . Barksdale , Sr . from which your plaintiffs ' ', WAYNESBORO, VIRGINIA - �I.r •..r property was subdivided . ( 2) That defendant Harold R . Spainhour purchased property near or adjacent to the lands now owned by your plaintiffs , by Bargain and Sale Deed dated June 6 , 1969 and recorded the same day at Deed Book 459 , page 135 . ( 3 ) That the defendant and his grantors were not award of any interest in additional property , North of Route 693 , owned and possessed by the plaintiffs or their grantors . (4) That the defendant acquiesced in the long established practical boundary line evidenced by an old fence line which serve' to separate the properties of his grantor and your plaintiffs ' grantor , by accepting the established boundary line from his grantor at the time of purchase and for several years thereafter . Your plaintiffs further represent : Count B - ( 1) That even if the defendant had a legal in- terest of any degree in the disputed area , that interest no longer exists . ( 2) That your plaintiffs and their grantors have been in open , notorious and continuous possession of the disputed area under Color of title sufficient to satisfy the statutory period giving them clear title to the disputed area . ( 3 ) That the plaintiffs and their grantors have paid taxes on the disputed area and have treated the disputed property as their own under color of title for the statutorily required period of time . LAW OFFICES WHEREFORE , your plaintiffs ask that this Court acknowledge FRANKLIN. FRANKLIN AND DENNEY WAYNESBORO. VIRGINIA - 2 - „r . the proper boundary between themselves and the defendant as being the practical boundary established by the old fence line which existed at the time both the defendant and your plaintiffs pur- chased their respective tracts of land ; that the defendant be for- ever enjoined from claiming any interest in any property north of Route 693 which was originally considered to be that part of your plaintiffs ' property which is now in dispute and for such other and further relief as the nature of his cause may require and equity deem meet; that your plaintiff be awarded reasonable attorneys fees and costs on his behalf expended . DAVID THACKER MARY THACKER BY COUNSEL J , Humes J Franklin , Jr . FRANKbIN , FRANKLIN and DENNEY P . 0 . Drawer 1140 Waynesboro , Virginia 22980 LAW OFFICES ItilVEli FRANKLIN, FRANKLIN AND DENNEY JUN 26 WAYNESBORO.VIRGINIA /b h c ALBEMARLE tOiNTY 6/7/8 4 :ZONING DEPARTMENT 16471 H JOHN A. DEZIO ATTORNEY AT LAW 414 EAST JEPFERSON STREET CHARLOTTESVI LLE,VA. 22901 (804) 20l�i .1138 July 29, 1986 John R. Purcell, Jr. Vice President United Virginia Mortgage Corporation P. 0. Box 26149 Richmond, Virginia 23260-6149 RE: Insured - Virginia Housing Development Authority Policy No. - 32210115 - Meridian Premises - 3 Acres fronting State Road 693, Albemarle County, VA MTIC - No. 595-84 ATIC - Y45840997A Dear Mr. Purcell: Thank you for your letter of July 23, 1986. Subsequent to the time that Mr. Thacker purchased the property, Mr. Spainhour raised the question as to the correct location of the boundary line. During the intervening period of time, suits have been filed and countersuits had been filed and in one suit there was a motion filed to make the Virginia Housing Development Authority a party defendant. This was suit number 5238-L. No action was ever taken on the motion and the Virginia Housing Development Authority was never made a party to that suit. Both sides have non-suited their claims against the other and at the present time there are no current entries on the docket. Furthermore, there is no suit pending questioning the title to any of Mr. Thacker's land. If suit is again filed, it would be prudent for the complainant to name Virginia Housing Development Authority as a party defendant, but until that time there is no claim to defend since no claim is being made. In summary, until such time as either party questions the boundary line, neither the lender nor the title insurance company can suffer any loss. Ver , t /ly 7)4, / Jo. A. Dezio Q�/ JAD/paw 1 Nome *re ". ` United Virginia August 7, 1986 '^ Mortgage Corporation Mr . Davy L. Thacker Route 1 , Box 264 Afton, Virginia 22920 RE: UVMC Loan No. 850229 Dear Mr. Thacker: Enclosed please find a letter from Mr . Dezio, an attorney retained by Meridian Title Insurance Company. Let me summarize where we are with this problem. The title policy purchased at loan closing is a mortgagee policy and it is designed to protect the lender (VHDA) against any losses due to a defect in the title. An owner ' s title policy, which you did not purchase, pro- tects the borrower against' any losses due to a defect in the title. United Virginia Mortgage, as servicing agent for VHDA, will take the necessary steps to protect the lender ' s lien under the mortgagee title policy. We have researched the problem and, based upon Mr. Dezio' s statement, that there is "no suit pending questioning the title to any of Mr. Thacker ' s lands" , we have to agree that no loss has occurred and, consequently, our involve- ment must stop here. Prom your letter to me dated May 24 , 1986, you obviously believe that part of your land now belongs to Mr. Spainhour . I can only suggest at this point that you contact an attorney to determine if you can or should file another suit . I would certainly suggest that you bring the property line question to a resolution before you go through the expense and trouble of moving your house to comply with a setback limit. Sinc- e,ible, , ,,,,,, / / 1 John R. Purcell , Jr. Vice President Customer Relations 2108 WEST LABURNUM AVENUE, RICHMOND, VIRGINIA 23227 •P.O. BOX 26149. RICHMOND, VIRGINIA 23260-6149 �. O F A L BEA, R .z GOv 0F A 94:, s �L�RGIN�P DEPARTMENT OF ZONING 401 MCINTIRE ROAD CHARLOrrESvILLE. VA. 22901-4596 (804) 296-5875 September 25, 1986 Certified P 572 292 259 Mr. Davy L. Thacker Route 1 , Box 264 Afton, VA 22920 Re: Thacker vs. Spainhour Boundary Dispute Tax Map 85, Parcel 6 Dear Mr. Thacker: I am writing you because I was told by phone conversation via Stuart Sullivan that you have fired the firm of Franklin, Franklin, Denney, Heatwole and Ward that was your legal counsel in regard to the referenced case. Stuart Sullivan of the Waynesboro law firm expressed his opinion that the survey done by Auther Edwards indicating the porch of your house being ten (10) feet from the property line was correct. Mr. Sullivan also informed me that the court never heard this case because both parties non-suited their case. It is the Zoning Department ' s contention that the structure is in "violation" of the required setback as stated in several previous letters. Both the Shumates, Clark, and the Edwards surveys indicate that the house is in violation of the required setback. There is no reason for any further delay of action on this case because our office has no knowledge of any law suit pending or otherwise court case. Please find enclosed a deadline schedule and application for the variance request . A check/payment of fifty (50 ) dollars should be returned along with a survey plat indicating the dis- tance the house is located from the property line , so that our department can set the docket for the Board of Zoning Appeals to hear your application. Mr. Davy L. Thacker , Page 2 September 25, 1986 A reply response is expected within five (5) days upon receipt of this letter. The Zoning Administrator under provisions of Section 36.0 of the County Zoning Ordinance may initiate any appropriate action to correct any violation of the ordinance. You full cooperation and immediate response is requested in regard to this matter. Sincerely, • 4:::%ps..ar---) An ew D. Evans D puty Zoning Administrator ADE/mv Enclosures cc: VA-84-47 ,V-84-27 Reading File VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF ALBEMARLE DAVID THACKER and MARY THACKER , Plaintiffs v . AT LAW NO . 2538-L HAROLD SPAINHOUR, Defendant ORDER This action , having been set for trial on the 7th dia Y of May, 1986 , came on , all parties appearing , in person ; and by counsel , and counsel for Plaintiffs represented unto the Court that Plaintiffs wished to proceed no further with the Motion for Judgment by which these proceedings were commenced and moved that same be dismissed , thereupon leaving only the Counter-claim filed by the Defendant to be heard herein ; whereupon counsel for the Defendant moved that the Defendant ' s Counter-claim be non-suited, without prejudice . IN CONSIDERATION OF ALL OF WHICH, it appearing proper under the circumstances , the Court doth ADJUDGE and ORDER as follows : 1 . That the Motion for Judgment filed herein by the DABNEY ❑VERTO N, .,R. Plaintiffs , and the same is hereby, dismissed , with prejudice ; ATTORNEY AT LAW 3 IOVIIAN •ANK ■Lpp, 2 . That the Defendant ' s Counter-claim be , and it is N ■pN•u.u,VA. 22•01 hereby, non-suited , without prejudice ; 440 3 . That there remaining nothing further herein to be done , this matter be , and the same is hereby, stricken from the docket of this Court ; and 4 . That the Clerk mail attested copies of this Order to Counsel of Record . ENTER - LA 6//3,t''6 Ju ge WE ASK FOR THIS : W � llia D. H tw , Esq . Post Office Drawer 1140 Waynesboro , VA 22980 Attorney for Plaintiffs bney Over Lon , , ., . 309 Sovran Bank Gilding Harrisonburg , Va 22801 Attorney for Defendant a e OV[RTO N, JR.INV.' 'k*y r 1N[ AT LAW V.\ j' f J .AN ■AMA SEP 30 1986 l.IJ.O, VA. 17.01 ::10.J UTY Z . _ F0-10.ENT - 2 - • 0i, 3 j i103 • 7h E. J. 5 Acs. 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SPtKG ' (.10Q . \ tRCN t c� Ni�oc�riv -- 43 n QS ,� _`OUNO Pzr)',P :17 �e - N o 1 Ia.!1' ., 6,68 6eai tr, • " -� - z4.�5 n.m'it' S9`t RR SPiKG 49' S t''t� m.o.! 4�'S1"N,� Z5.14 _ .'' __ .64 2?. a 5 _- p 11.041 ‘5 3:.' CONC P..v PoR ,� \. N.. 2ot 2 b-l.," W. c / 51-cvS IGd •1,4i TOTAL !Rog 5E tRON i TNa.CKER i r-• . i i i . \\./' o 20 40 GO 80 100 IRON FP. 1►1• CHESTNUT • a RA.PHCC SLAL STUMP GuRvE TA ``� 1' 13LE 1 1 W R. Ivo. 0'a-LTA RAotu5 TAN. ARC .r sratNuouFl 1 45:3 a'3t'' 122.86 51.10 9-1.el •• a o.5104 . A t1' �lC3. 2 4 ro: 14' lo•• 91.64 39•I2 '13.95 o N L.qj -1/0 24 9'.51 'SZ� it R.R.JPIKG J qtl-ii21I.gs. ?.y9 ! 5.94 5cT'�.� ' to6.64, 1 2I3 3G: 16' 1g s' 30.02 5B.ot TKacK�0. :,� j%, !item) 3 Za:461 e3• 149.4 Z 3 o.a9 59. 3 9 ` sir 4 29' 141o6" 134.53 3.5.09 G8.64 1� 5 4'1- Z9'14 '13 30 68. `p I . 3 S .96 10. • 4 u J 'hc_J I L L THIS DEED made this 2nd day of December, 1977, by and between W. R. BARKSDALE, SR. and LORENE (LORINNE) V. BARKSDALE, husband and wife, parties of the first part, and DAVY L. THACKER and MARY L. THACKER, husband and wife, parties of the second part, W I T N E S S E T H : That for and in consideration of the sum of FOUR THOUSAND THREE HUNDRED AND NO/100 DOLLARS ($4,300.00), -cash in hand paid, the receipt of which is hereby acknow- ledged, the parties of the first part do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Davy L. Thacker and Mary L. Thacker, husband and wife, as tenants by the entirety with full rights of survivorship as at common law, and not as tenants in common, all that certain tract or parcel of land situated in the Samuel Miller Magisterial District of Albemarle County, Virginia, containing 3.00 acres, more or less, fronting on State Route 693 and more particularly described on a plat of William Morris Foster, C.L.S., dated 30 June 1977 attached hereto and recorded herewith and being a por- tion of the property acquired by the parties of the first part as follows: by deed from W. I. Barksdale and wife dated 1 February 1944 and recorded in the Clerk's Office .,- of the Circuit Court of Albemarle County in Deed Book 261, page 88, and secondly, by deed dated 14 June *1977 from Bishop Robert S. Wood of the Charlottesville Ward of the , Church of Jesus Christ of Latter Day Saints and recorded in said Clerk's Office in Deed Book 624, page 285. This conveyance is subject to utility easements and restrictions of record insofar as they may affect this • 61. E:::( 62t e%;8EO285 :i THIS DEED made this 14th day of June, 1977, by and between j BISHOP ROBERT S. WOOD of the Charlottesville Ward of the Church 1 • of Jesus Christ of Latter Day Saints, party of the first part, '� and W. R. BARKSDALE, SR. and LORENE V. BARKSDALE, husband and _"wife, parties of the second part, I - i' W I T N E S S E T H : J 0. THAT FOR AND IN CONSIDERATION of the sum of FIFTY DOLLARS � ' 1 ; (550.00), cash in handpaid, the receiptof ' which is hereby ' acknowled ed the ! i',acknowledged, party of the first part does hereby GRANT, ,I '.;BARGAIN, SELL and CONVEY-with SPECIAL WARRANTY unto W. R. i i:Barksdale, Sr. and Lorene V. Barksdale, husband and wife, as i i '.!tenants by the entireties with full rights of survivorship as Iliat common law, and- not as tenants in common, all that certain I H;; tract or parcel of land situated in the Samuel Miller j IlMagisterial District of Albemarle County, Virginia, containing I I . '.' approximately 0.25 acre, more or less, and described as follows, ii to wit: beginning at the middle of the roar southwest of the ! ;j•Chestnut corner of land belonging to S. E. Pugh and running a '.! northeasterly course forty-two (42) yards along S. E. Pugh's II ijline, thence about thirty-seven (37) yards in a southeasterly i .'. course to a big chestnut tree on the north bank of the road, now ! identified as State Route 693, and thence along the said road to ! H • - '.! the beginning, and being the same property ix all respects !! conveyed to Garrett A. Wells, Samuel R. Kirby and James M. ! lWarlow, trustees for the Batesville branch of the Church of ( I ! Jesus Christ of Latter Day Saints, by deed of Calvin M. Kirby Ii ij and wife dated 17 February 1898 and recorded in the Clerk's 1 ji ' '.• Office of the Circuit Court of Albemarle County in Deed Book , page 408. Bishop Robert S. Wood of the Charlottesville Ward of the Church of Jesus Christ of Latter Day Saints is successor in ; • '! title to the original trustees under the aforementioned deed. I I 1 i i )\/ kD A NN � < A cY jj//���jj Vj ' • W 4 F-- o Q l.D z ICI N q o JF W n J I O (0o .4U - id V0 Li lJI • Q o > _ V 1 Cf u 0 Z 0Q '} mow a a Y0 • ri , J 0 r ti d of v > [. J �< Q V,, W 0 q } u. ,� OoC,� 1 -I2 �. d, . � 4. j 4 • �k. . ..... 0 4► 12 z - _ U ' f_ ry tn In 0 P Wto N - C- r - t! 1. i. :Li (0 uj - r 1 V N a U k9 0 N t\i 1. • 0 - N - :.. d 1- z 0 p ro c9 `� w �U `� Q 7 � p r �� p � ;� r- a) a 1), Z d ' �L V a t0 6) 0 r� 1 v 0 ID Ut J p � J 0 (0 d � n r 6� N of pl o. 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'� o) ‘1.1 _ 1 N 7 . ,, \ Q 0 d o, 0 si ' d 7a � -' . � 1zi kS1.\ Y rn h' )d Gjo16 ' 11 •S7`S/ b41S `U ` ,� �- Q .0' :1 djL\ b7 � �iQ10 \ ° \ Idr7 © H1-dis7ds ' ?� . H 0 6' !Z d N °' \fr,,LL W ca- , \ JE .., \ \ 44b4i......„ \ J, 4 4 3S11421b�1 / , \ 014G'. t il I s - / / I p51 - *? __ ,.. , / ;" ''�itr -) ).,!)):. "WO' • • AF!'l2Ci'dEC FCR REC(?i).c'i C Director of F!..nc:ng �,�,� •Th 1 cc'd,::),of Ais=mark 3/3171 a _____ _...) , ,ran n Slane r';/e ' Tox Mop 85-Par 5 40o'o 19 4C5 4(5'01/£ Harold R. Spofnhour Larinne Barks dale h b A o, 0 8 227 p /44 b a n N a. .'v b o . Qes,due has more Alva .h, 3 0 R 7 25,2' ,?ood °Ianloge. R/ .1 I Tax Mop 85- Parcel 6 IDavy L. 8 Mary L Thacker /00AC _7j � 7N B0 P'pe Y S µ Y 46°12 N --_-� 'S74re ROUTE 693 5°'Qw . • __ -- 9 455 Nor( vc „ .•,r•an a.gnt, ore Oe,nq coneeyed .r,IA my / 00 Acre Porte, Tor Map 85- 40rce/ 5 relay'', a// ,Is current ',gars of d,e,s,ons of 5 Parcels of 20. 210 4c4 In tyre +j. .:�O�/, 4, PLAT SHOWING 1.00 ACRE PORTION OF TM. 85- PAR. 5 '* TO BE ADDED TO AND BECOME PART OF r., % r T.M. 85- PARCEL 6 `I.ti 1=",8 SAMUEL MILLER MAGIS DISTRICT Wm. MORRIS FOSTER ALBEMARLE COUNTY , VIRG I NIA LAND SURVEYOR C harlottesville, Vv. Scale : I". 100' Jan. 21 , 1983 1 � ! File 205-A COUNTY OF ALBLMARLL COUNTY OF ALBEMARLE Ov!'r" S APPROVAL : 1 1. No, rHrvBpIV1510N lc MADE WITH MY l+ IPLANNING COMMISSION BOARD OF SUPERVISORS CONSENT. � 1 >6 r THE 480VE APPEARF_D BEFORE ME��4.4.-- .r_.�V972 - /�j3 CNAIn MAN DESIONATCD ♦ ENr /� QC1 eg�/97Z Y my,COMALLSSION EXPIRES 1 p 77 7 d" 77 1. DATE ogre V �"4'r =— Notary PVAII Ii. BAT NLLE it • s. • 35 r 1 lc b a : t> 1„, ..., b. 1�5 ; 1. •. L 1 5t� 5pP LOCATION MAP F P ,74/QR \ � IMP 8.1A•1, t I Si? Iron inStone Pile S + 21 pe 3 „ow".O 6 , Pts • io o •fib 693 PP( r 30A Df �' Ko h o\ ti ./ • toy C, ,, ,,'y , • Iran in Von, Pile �k10 ag•g v...s' ,6 HAROLD R. SPA/NHOUR M ��, N O.B. 459 //35 \\,, 0 B. 256 / 306 �� O \• • oil,d N `,,� 30 v s Alo31 . 3, 3.00 ACS. 4-, 0 ,� o — Q. \I''� • �Dtok'.� \\) ,Pipe in Remomr Courses from A/o8 S\ /, IA /\ of Chestnut Slump s�4 i a0� w S72°22•W, 4740' \ s 0Al \ / /N 537°12 W, 53.O \\���� t,ZAI. \\ ,i,.' o �';, S5/°33•W, 74.4. 73 4$4 14. 2��• - �/ iron 56/°O/•W, 45.2' O \`�� 23'b �� ��� Lot •AA•• S76°49'W, 30.5' NOTE' 25' SHADED STRIP IS HEREBY �� N 36, 1 _ \� tt ` ____ \ 6 _ P •t S. N78°ZSW, 10.7' DEDICATED FOR S.R. 693 R.O.W. �`;��i t�B d Gnl2eh - N60°22N', /B.B' . \\�, 01 `4A N 50 u 17•W, 22.6' t,. \\�. D.e' • t ,. N 30°55W, 50.0' i i \\.����jAre/L . ,e�• 7 Tolo/ frontage of 3.0 Acres 6/2.50' �3 ___-- • ...44j1:4411110:lit,,,1 - ii O �;S FOSTER I �R u CERIIICATE No. S. PLAT SHOWING SURVEY OF j $ 54-17 3(e)95;8 O 1tl '. 54-173(b)Ul 403.00 ACRES, BEING THE SOUTHERN PORTION )F i i THE LAND OWNED BY W. R. and LORINNE BARKSOA E Somue/ Miller District- Albemarle County , Virginia 1 Win. MORRIS FOSTER Sco/e: /"=/00' June 30 , /977 i PROFESSIONAL LAW SURVEYOR f CHA.RLOTT£SV/LL£ , V/R6/NIA i