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Home My WebLink AboutSUB198200019 Correspondence 1995-06-27 TUCKER (t• ASSOCIATES ATTORNEYS AT LAW 307 WEST RIO ROAD CHARLOTTESVILLE, VIRGINIA 22901 WILLIAM D.TUCKER III * 804/973-7474 YVONNE T.GRIFFIN FAX 804/973-3227 HELEN E. PHILLIPS** •ALSO ADMITTED IN FLORIDA June 27 , 1995 q g lia ••ALSO ADMITTED IN TENNESSEE AND WEST VIRGINIA ' IN Mr. John Sheperd �� 2 19 Planner Albemarle County Planning Department + . � flfl �� a&n 401 McIntire " Charlottesville, VA 22902 ti - RE: Lots A and B, Tax Map and Parcel 66-10H Foutz Property Dear Mr. Sheperd: The property listed above, Lots A and B, of Tax Map 66-10H in Albemarle County, Virginia is now titled in the name of R. Stephen Foutz and Antanette B. Foutz , husband and wife but is in the process of being conveyed directly to Antanette B. Foutz , married. It is the Foutzs ' wish to now convey Lot B into the name of R. Stephen Foutz , married, in compliance with the Family Subdivision Ordinance of Albemarle County, Virginia. Such a transfer of Lot B would be from wife to husband in compliance with Section 18- 57 (c) of the Albemarle County Zoning ordinance. It is my clients ' understanding that Lot B would be subject to one year restriction on subsequent reconveyance. Enclosed is a copy of the unrecorded deed from R. Stephen Foutz and Antanette B. Foutz , husband and wife, to Antanette B. Foutz, married, and a copy of the unrecorded deed from Antanette B. Foutz , married to R. Stephen Foutz , married. The deed from R. Stephen Foutz and Antanette B. Foutz , husband and wife, to Antanette B. Foutz , married will be recorded in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia shortly and upon your approval of this subdivision, the deed conveying a portion of the property to Stephen R. Foutz will be recorded in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia. If you need any further information on this matter, please feel free to contact me at 804-973-7474 . Thank you for your assistance on this matter. Sincerely, /IL/CDPir—> William D. Tucker, III WDTIII/kkr Enc. 1 • - • • ix DRAFT THIS DEED OF GIFT, made this 27th day of June, 1995, by and between R. STEPHEN FOUTZ and ANTANETTE B. FOUTZ, husband and wife, parties of the first part, hereinafter referred to as the Grantors, and ANTANETTE B. FOUTZ, married, party of the second part, hereinafter referred to as the Grantee, whose address is WITNESSET H: That pursuant to Section 58. 1-811 (D) of the Code of Virginia, 1950, as amended, and the natural love and affection between the parties hereto, the party of the first part does hereby GIVE, GRANT and CONVEY WITH GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the said Antanette B. Foutz , in fee simple, the following described property: PARCEL ONE: All that certain lot or parcel of land, with improvements thereon and the appurtenances thereto belonging, situated in Albemarle County, Virginia, north of Route 22 , near Cobham, designated as Lot 1 on a plat made by Kurt Gloeckner, C.L. S. , recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia in Deed Book 559, Page 46; together with an unexclusive right of way or easement of ingress and egress over the 50 ft. right of way shown on plat of record in aforesaid Clerk's Office in Deed Book 530, page 299, which affords access to State Route 22 , and; PARCEL TWO: All that certain lot or parcel of land situated in Albemarle County, Virginia, containing 4 acres, more or less, shown as Lot E-1, on a plat made by Frank A. Gregg, C.L. S. , dated April, 1982 , recorded in the aforesaid Clerk' s Office in Deed Book 738, page 452 ; together with an unexclusive right of way or easement of ingress and egress over the existing common driveway easement, as shown on said plat, and also a 50 ft. right of way shown in more detail on a plat of record in aforesaid Clerk' s Office in Deed Book 530, page 299 , which affords access to State Route 22 ; BEING the same property in all respects conveyed to R. Stephen Foutz and Antanette B. Foutz, husband and wife, by deed from David W. Matt and Christine K. Matt, husband and wife, dated July 7 , 1987, and recorded in the said Clerk' s Office in Deed Book 953 , page 53 . SUBSEQUENT TO SAID DEED, said parcels were joined together to form one lot, as shown on a plat of Frank A. Gregg, C.L.S. , dated April, 1982 and recorded in the aforesaid Clerk' s Office in Deed Book 738 , page 454 ; This conveyance is made subject to the easements, restrictions, conditions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed which has not yet expired by limitation of time contained therein or have not otherwise become ineffective, and to all matters visible upon a physical inspection of the property. WITNESS the following signature and seal. (SEAL) R. Stephen Foutz (SEAL) Antanette B. Foutz STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me this day of June, 1995, by R. Stephen Foutz and Antanette B. Foutz . Notary Public My commission expires: tte-c,{ /2„titc-- 0RP1F1 4r THIS DEED OF GIFT, made this 28th day of June, 1995, by and between ANTANETTE B. FOUTZ, married, party of the first part, hereinafter referred to as the Grantor, and R. STEPHEN FOUTZ, married, party of the second part, hereinafter referred to as the Grantee, whose address is WITNESSET H: That pursuant to Section 58 . 1-811 (D) of the Code of Virginia, 1950, as amended, and the natural love and affection between the parties hereto, the party of the first part does hereby GIVE, GRANT and CONVEY WITH GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the said R. Stephen Foutz , in fee simple, the following described property: All that certain lot or parcel of land, with improvements thereon and the appurtenances thereto belonging, situated in Albemarle County, Virginia, north of Route 22 , near Cobham, designated as Lot B, containing 3 . 735 acres, more or less, and 162 , 698 square feet, on a plat made by B. Aubrey Huffman & Associates, Ltd. , dated May 3 , 1995 , attached hereto and made part hereof; together with an unexclusive right of way or easement of ingress and egress over the 50 ft. right of way shown on plat of record in the Clerk' s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 530, page 299 , which affords access to State Route 22 ; Said parcel is part of Lot E-1, containing 4 . 00 acres, more or less, and Lot E-2 , containing 3 . 86 acres, more or less, which were joined together to form one lot, as shown on a plat of Frank A. Gregg, C.L. S. , dated April, 1982 and recorded in the aforesaid Clerk' s Office in Deed Book 738 , page 454 ; being a portion of the property conveyed to Antanette B. Foutz , married, by deed from R. Stephen Foutz and Antanette B. Foutz , husband and wife, dated June 27 , 1995, and recorded in the said Clerk' sOffice in Deed Book , page This conveyance is made subject to the easements, restrictions, conditions and reservations contained in duly recorded deeds, plats and other instruments constituting constructive notice in the chain of title to the property hereby conveyed which has not yet expired by limitation of time contained therein or have not otherwise become ineffective, and to all matters visible upon a physical inspection of the property. WITNESS the following signature and seal. (SEAL) Antanette B. Foutz STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me this _ day of June, 1995, by Antanette B. Foutz. Notary Public My commission expires: