HomeMy WebLinkAboutSUB199200013 Application 1992-02-01 , #/ MC l 1�'w"r,1
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WITHDRAWN
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Per Zoning Ordinance
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CHECKLIST FOR EXEMPTION FROM PROVISIONS OF THE SUBDIVISION ORDINANCE
A. All parcels as a result of such subdivision shall be 5 acres or greater and have a minimum of 250' of state road frontage.
OR
B. The sale and/or exchange of land between adjoining landowners;provided,that:
❑ The land so sold and/or exchanged shall be added to and become part of an existing adjacent parcel as evidenced by
appropriate symbol and wording on the plat together with signatures of both landowners pursuant to Section 18-55(b)
and by the instrument of conveyance thereof;AND
❑ No parcel which was five acres or greater in area prior to such sale and/or exchange shall, as a result of such sale
and/or exchange,be less than five acres in area;AND
❑ No parcel shall,as a result of such sale and/or exchange,front less than two hundred fifty feet on a road which is part
of the state highway system or state secondary highway system;AND
❑ No additional lot or parcel shall be created by such sale and/or exchange.
OR E) FJfk\I'\I NJ
C. The division of any parcel occasioned by an exercise of eminent domain by . �, � �bald
OR
D. Family division as defined by Section 18-56 of the Albemarle County Subdivision Ordinance.anzoning
e Ordinance
ITEMS REQUIRED TO BE SHOWN ON EXEMPT PLATS
Section/Article Subject
18-55(b) ❑ A statement that: "the division of the land described herein is with the free consent and in accordance with
the desire of the undersigned owner,proprietors and trustees. Any reference to future potential develop-
ment is to be deemed as theoretical only. All statements affixed to this plat are true and correct to the best
of my knowledge."
❑ The owner of any property involved in a sale or exchange of land shall approve the subdivision plat for such
sale or exchange by affixing signature to the above noted statement.
18-55(c) ❑ A• ccurate field survey with bearings shown in degrees,minutes and seconds(to the nearest ten seconds) and
dimensions in feet(to the nearest hundredths of a foot).
❑ Total acres in each existing and proposed parcel.
❑ Delineation of the Flood Hazard Overlay District of the Zoning Ordinance.
18-55(h) ❑ D• efinite bearing and tie down between not less than 2 permanent monuments on exterior boundary of
subdivision;
❑ Tie down to existing street intersection(where possible and reasonably convenient).
18-55(o) ❑ Location,area,and dimensions of a lawful building site.
18-55(p) ❑ Allocation of further division/development rights(the number of lots,assigned by the subdivider into which
each such parcel may be further divided by right pursuant to Section 10.3.1 of the Zoning Ordinance, if
applicable).
18-55(q) ❑ D• eed book and page citation of the instrument whereby the parcel to be subdivided was created.
18-55(r) ❑ County tax map and parcel number
18-55(s) ❑ O• wner's name
❑ "Approved for Recordation"signature Panel.
ADDITIONAL REQUIREMENTS AND NOTES FOR FAMILY DIVISIONS:
❑Health Dept.approval for any lots under 5 acres in size. ❑Note: "This private road will provide reasonable access by
❑VDOT approval required ONLY if there is a new entrance motor vehicle as required by Section 18-36 of the Albemarle
proposed to a public road;not if an existing entrance is used. County Code."
❑Verification of family division must be submitted with the ❑Note: "This is a family division in accordance with Section
final plat. Copy of deed or letter from attorney certifying that 18-56 of the Albemarle County Subdivision Ordinance. Such
this is a family division pursuant to Section 18-56 of the parcel shall not be transferred for a period of one (1) year
Subdivision Ordinance. from the date of recordation except in accordance with this
section of the Subdivision Ordinance."
NOTE •
PARCEL Z , THE RESIDUE OF TM. 51 - PARCEL 9 , / --- V / 3 PLAT SHOWING
IS BEING ADDED TO AND COMBINED WITH PARCEL
22B T.M. 51. SURVEY OF PARCEL X AND PARCEL Y
A PORTION OF PARCEL 9 TAX MAP 51
THE PROPERTY OF JAMES & JEAN L. CARGILE
LOCATED NEAR LINDSAY ,JUST BEYOND
THE END OF ST. RT. 639
T.M. 51 - 12 ALBEMARLE COUNTY , VIRGINIA
Eugene W Harrington Estate SCALE : 1" = 400' DATE : 10-24-89
W.B 64 - 203 i T M 51 - 8 FOR
Hopewood Corporation i
D.B. 703 - 196
D.B. 258 - 80 Plat R.W. RAY , R.O. SNOW & ASSOC. , INC
I CHARLOTTESVILLE , VA.
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cov Douglas Caton JamDsBR.951 Joa677 Faillace
T.M. 51 - II Iron (o D.B. 708 - 88 Plat /
Set N52.47'49"E Iron
Denis & Deborah M. 3 a 799.06 � � Iron •
Keener a Set Set I_�.,
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Z co 15.18 AC. M :='Iron ` N
Found Iron • Pole • ( (,t.� ;i T.M. 51 - 22B
Cabin Iron Iron N JAMES & JEAN L. CARGILE
Set o Set D.B. 483 - 383
T.M. 51 - 20 �. n
• set T.M. 51 - 9 e .
J. Nelson & Beverly A. 'in cp r. •
Tucker ;' �' N57°42'14"W �. \\\\� 0O PARCEL Y / /
D B. 842 241 243 549.84 61 i SOI°0'9'50"E
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END OF -- a, a a e it ` ' i 3°
rnrSTATE • a y s s-- e—30—„ ----RAW• —y liy �� N N 3 L04° JAMES & JEANT M. 51 - 2
L. CARGILE
MAINTENANCE o' It. ° • NEW o v �,
v co v M• 'I` / j D.B. 483 383
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1n /7 ° eMN(n re) M 0 (•o 1Nn JAMES 8 JEAN L. CARGILE
(n (� yti N (pto (nTr
tqD.B 483 383
(� \QI
W B. 37 - 269 i
1 D B 181 - 549 550 Plat k
T.M. 51 - 20 rv` (� L ,S J. Nelson & Beverly A. Tucker!�- /
71/V4A '1)'°°
D.B. 910 - 80 84 Plat Ca 13 0.
D.B 653 - 531, 533 Plat J
a
7391
SEPARATION AGREEMENT
THIS AGREEMENT, made in triplicate this 3rd day of June,
1988 , by and between JEAN LANG CARGILE, hereinafter called
"Wife, " and JAMES THOMAS CARGILE, hereinafter called "Husband, "
W I T N E S S E T H :
WHEREAS, the parties hereto were married on February 20,
1963 in Cambridge, England; and
WHEREAS, the parties hereto have three children born of this
marriage, of whom two have survived, both now having passed the
age of eighteen years;
WHEREAS, seemingly irreconcilable differences have arisen
between the parties and they have been living separate and apart
since on or about May, 1984 ; and
WHEREAS, the parties desire to determine and settle their
respective property rights and their respective rights and duties
regarding support without affecting the rights of either party to
file for divorce in any Court of competent jurisdiction;
NOW THEREFORE, for and in consideration of the mutual
promises and undertakings contained herein, and for other good
and valuable consideration not specifically enumerated herein,
the parties agree as follows:
1. FREEDOM FROM RESTRAINT AND INTERFERENCE: The parties
shall hereinafter be free from the authority or control, direct
or indirect, of the other, as fully as if he or she were sole and
unmarried. Neither will interfere with or molest the other or
endeavor to compel the other to cohabit or dwell with him or her
or prohibit the other from residing where s/he wishes, including
out of the state of Virginia. Each may, for his or her separate
use and benefit, conduct, carry on, and engage in any business,
profession or employment which to him or her may seem advisable .
2 . BINDING ON HEIRS AND ASSIGNS : All the covenants ,
promises, stipulations, agreements and provisions herein
contained shall apply to, bind and be obligatory upon the heirs,
executors, administrators, personal representatives and assigns
of the parties hereto except as otherwise specifically provided
for herein.
3 . DISPOSITION OF PERSONAL PROPERTY: The parties have
previously divided their separate and marital personal property
not otherwise provided for in this Agreement. Each has in
his/her respective physical possession that personal property
which s/he will retain as his/her exclusive property free from
the authority, control and ownership rights of the other. Each
party agrees to be personally responsible for each's own
individual indebtedness except as provided for elsewhere in this
Agreement, now and in the future. Each party agrees not to incur
any additional indebtedness, either joint or individual, which
will be charged against the other party, either now or in the
future.
Husband has paid the automobile insurance premium on Wife's
automobile at least through the date of execution of this
Agreement. Immediately after executing this Agreement, Husband
shall provide Wife with the date the next premium is due and the
name and address of the insurance company, and it shall be Wife's
responsibility to pay all such future premiums when due.
4-1
4 . REAL PROPERTY: The parties presently own, as tenants by
the entirety, with full rights of survivorship as at common law
and not as tenants in common, all those certain parcels of real
property located in Albemarle County, Virginia and described as
follows:
All that certain tract or parcel of land containing 307
acres, more or less, more particularly designated as Tax Map 51,
Parcels 9 , 22 , 22B, and 22C, being the remainder of the property
conveyed to Husband and Wife by Deed dated November 11, 1965 from
Sarah Patton Boyle and Alice Lee Makielski, recorded at Deed Book
483 , page 383 , after conveyance off that certain 10 . 08 acre
parcel of land conveyed from Husband and Wife to J. Nelson Tucker
and Beverly A. Tucker by Deed dated August 9, 1978 , recorded at
the aforesaid Clerk's Office at Deed Book 653, page 531.
Wife agrees to convey to Husband all her right, title and
interest in fifteen (15) acres of the above Parcel 9 , with
improvements thereon (presently consisting of a partially-
completed cabin) , at or near the South corner of said parcel 9 ,
the precise borders of which will be agreed upon by the parties
and surveyed off as soon as possible following execution of this
Agreement. The cost of such survey shall be paid by Husband.
Wife agrees to convey one subdivision right with the
aforementioned fifteen (15) acre parcel . Wife also agrees to
convey to Husband an unexciusive easement across her remaining
land allowing Husband to visit the family cemetery where their
son Tom is buried. This easement will be personal to Husband and
other immediate family members and will not pass with the land
unless the land is conveyed to another immediate family member.
Husband will keep and maintain the aforementioned fifteen (15)
acres as his sole and exclusive property, free from any claims of
the Wife thereon.
Husband agrees to convey to Wife all his right, title and
interest in the remainder of the above property. Wife will keep
and maintain this property as her sole and exclusive property,
free from any claims of the Husband thereon. Wife agrees to
assume full and exclusive liability for the loan secured by a
Deed of Trust, dated July 31, 1985, against the above land,
payable in the original principal amount of $53 , 500 to the
Federal Land Bank of Baltimore, recorded in the aforesaid Clerk's
Office at Deed Book 849, page 493 . Wife agrees to hold Husband
harmless from any liability thereon.
Husband agrees to convey to Wife a Right of First Refusal to
purchase the aforementioned fifteen (15) acres and improvements
at the market price (as indicated by an executed contract to
purchase) . This Right of First Refusal shall not apply to any
transfers of this property Husband makes to any family members or
to J. Nelson Tucker. This Right of First Refusal shall also be
personal to Wife except that she shall have the right to assign
said Right to any subsequent purchaser of any portion of her
remaining land which is contiguous to and borders upon the
aforementioned fifteen (15) acre parcel.
Husband shall be responsible for real estate taxes owed on
the aforementioned 15 acres for tax year 1988, and Wife shall be
responsible for real estate taxes on the remaining acreage for
tax year 1988 . Husband's pro-rated share of the 1988 taxes
shall be figured by dividing Husband's 15 acres by the total
acreage in Tax Map 51, parcel 9 (approximately 89 . 92 acres) , and
multiplying this amount by the total 1988 taxes due on Tax Map
51, Parcel 9 ($132 . 48) , yielding a total amount owed by Husband
of $22 . 10 ; Wife will be responsible for the remaining real estate
taxes for 1988 . In 1989 and thereafter, each party shall be
responsible for real estate taxes on each's own property.
Husband shall be responsible for any roll-back taxes owed on
the aforementioned 15 acres, if any, whenever assessible by the
county. Wife shall be responsible for any roll-back taxes owed
on the remainder of the above property, if any, whenever
assessible by the county.
Husband has paid hazard insurance premium on the above
property at least through the. date of execution of this
Agreement. Husband shall notify Wife immediately after execution
of this Agreement of the date the next premium is due and the
name and address of the insurance company or agent, and it shall
be Wife's responsibility to pay all such future premiums when
due. There shall be no other pro-rations of hazard insurance
premiums.
The parties own no other real property in any capacity.
5. SPOUSAL SUPPORT: (A) Husband shall pay to Wife, as
Spousal Support, the sum of $1, 200. 00 per month on the first day
of each month beginning January 1, 1988, and continuing
thereafter through December 1, 1991. This amount shall be
modified annually by the percentage change in the CPI-U
applicable to the Charlottesville, Virginia area for the calendar
year in which support is paid, each of such modifications to be
effective the following _ January 1, beginning with January 1,
1989 . All payments made prior to the execution of this Agreement
are considered payments for past obligations and are not affected
by this Agreement.
(B) Husband shall pay to Wife, as Spousal Support, the sum
of $7 , 000 . 00 on December 31, 1992 , the sum of $7 , 000 . 00 on July
1, 1993 , and the sum of $6, 000 . 00 on January 1, 1994 .
(C) Husband shall continue to provide and pay for, on
behalf of Wife, as Spousal Support, any health insurance premiums
necessary to continue her current health insurance coverage
through Husband' s health insurance provided through his
employment at the University of Virginia through the eighteenth
month following the divorce of the parties. Thereafter Wife will
be responsible for paying for her health insurance coverage. If
Husband changes employment or for any other reason is unable to
maintain such coverage in force, he shall provide and pay for
alternative coverage with benefits at least equivalent to those
available under current coverage through the eighteenth month
following the divorce of the parties.
(D) The amounts payable in paragraph (A) above shall be
offset in each year, dollar for dollar, by any amount in excess
of $5 , 000 . 00 which Wife earns from employment for that
' corresponding year, whether full or part-time. This offset shall
occur at the option of the parties as the year progresses, or no
later than July 1 of the year following that year to which the
offset is applicable.
(E) The amounts payable in paragraphs (A) , (B) and (C)
above shall be terminated at the death of Husband, the death of
Wife or the remarriage of Wife, whichever occurs first.
(F) Husband shall purchase and keep in force during the
pendency of the obligation payable in paragraph (B) above, an
insurance policy. on his life, with Wife as the sole and exclusive
beneficiary, in an amount at least equal to the balance
outstanding under paragraph (B) at the time of Husband's death.
If required by Wife, Husband shall provide proof of the existence
of and payment for said insurance policy.
6. PENSION, RETIREMENT AND RELATED PLANS : Husband is
currently employed at the University of Virginia and as such is
covered under pension, retirement and related plans. Husband
agrees to transfer to Wife fifty (50%) per cent of the total
value of all such plans earned from the date of marriage of the
parties through the month in which such transfer occurs. The
parties agree to effectuate such transfer as soon as possible
after the execution of this Agreement. Husband will cooperate in
informing such plans of this Agreement and taking all necessary
steps toward such transfer. If such transfer requires options to
be selected by Wife at the time of transfer, Husband shall allow
Wife to choose any such options. Following such transfer, the
portion transferred to Wife and any future accruals, shall be the
sole and exclusive property of Wife free from any claims of
Husband thereon. Following such transfer, the portion retained
by Husband and any future accruals, shall be the sole and
exclusive property of Husband free from any claims of Wife
thereon.
Wife has no interest in any pension, retirement or related
•
funds, other than those mentioned above, through her employment
or any other means.
8 . RELEASE OF MARITAL RIGHTS: The parties hereto forever
release and surrender all of their right, title and interest,
whether marital or otherwise, in and to the personal and real
property now owned and hereafter acquired by the other party,
except as may be otherwise set forth in this Agreement. Neither
party shall hereafter have or acquire any right, title or
interest in or to the property of the other, except where
otherwise agreed; instead, each shall hold all such present and
future properties free from any claim or right or curtesy or
dower, inchoate or otherwise, as though no marriage had ever
taken place between them. Further, each party hereby releases
and relinquishes any and all rights that he or she may have or
may hereafter acquire to share in any capacity whatsoever in the
estate of the other party upon the latter's death, and/or to act
as executor or administrator of the other's estate in any manner,
except as provided elsewhere in this Agreement.
9 . MUTUAL WAIVER: Each party hereby waives and releases
the other of any and all claims which he or she might have or
claim to have against the other by reason of any matter, cause or
thing whatsoever, from the date of their marriage to the date of
this Agreement except as may be otherwise provided in this
Agreement.
10. ADVICE OF COUNSEL: The parties agree that they have
each had the opportunity for independent legal advice with regard
to this Agreement, that both parties understand this Agreement,
that they have entered into this Agreement freely and voluntarily
and without undue influence or coercion or misrepresentation or
for any cause except as stated herein and that they have
carefully reviewed this Agreement before executing it.
11. FURTHER ASSURANCES : Each party agrees that he or she
will execute such other and further assurances as may be
necessary to carry out the intent of this Agreement, including
the signing of any documents as may be necessary or desirable to
consummate the intent of this Agreement.
12 . RELATIONSHIP OF AGREEMENT TO BILL FOR DIVORCE: This
Agreement is not intended to be and shall not operate as a
consent or condonation of a decree of divorce dissolving the
bonds of matrimony between the parties, but the Agreement shall
not bar either party from proceeding with an action for divorce
at his or her discretion. In the event that either party secures
a decree of divorce in any Court of competent jurisdiction, both
parties shall seek and agree to the incorporation of this
Agreement in the decree for divorce.
13 . ATTORNEYS FEES : Each party will be responsible for
each's own respective attorney's fees incurred in negotiating or
drafting this Agreement, and any attorney's fees incurred in
pursuing a final divorce. However, upon a breach of this
Agreement by either party, the non-breaching party shall be
entitled to recover from the breaching party any and all
reasonable attorney's fees incurred as a result of any action to
enforce the non-breaching party's rights under this Agreement.
14 . FURTHER CONSTRUCTION: It is agreed that the terms of
this instrument insofar as they require construction, shall be
construed according to the laws of the Commonwealth of Virginia .
15. SURVIVAL OF AGREEMENT: If a Court of competent
jurisdiction shall, at any time, hold that a portion of this
Agreement is invalid, the remainder shall not be affected thereby
and shall continue in full force and effect. Shall any Court
upon any prayer for a decree of divorce decline to incorporate
this Agreement into the decree of this divorce, this Agreement
shall continue in full force and effect as a binding contract
upon both parties.
16 . MODIFICATION OF AGREEMENT: The parties hereto agree
that this Agreement may be modified only by written Agreement
executed with the same formalities as pertained to the original,
and further agree that no waiver at any time of any portion by
any party shall otherwise effect a modification of the Agreement
nor prevent either party from future reliance upon this
Agreement.
IN WITNESS WHEREOF, the parties hereto set their hands and
seals:
4(Lc, c� (x (SEAL)
!t AN LANG GARGILE�
/7cr,4,,ez1._ (SEAL)
JAMES THOMAS CARGILE
STATE OF VIRGINIA:
CITY/COUNTY of Gt/4/c-677-Es LC6.-- , to-wit:
The foregoing instrument was acknowledged before me by Jean
Lang Cargile on this /31` -day of June, 1988 .
NOTARY PUBLIC /"
My commission expires: /C/zz/F('
STATE OF VIRGINIA:
CITY/COUNTY- of eiLa-Ltec-ItLO-ut.;(,/p , to-wit:
The foregoing instrument was acknowledged before me by James
Thomas Cargile on this ) day of June, 1988 .
K-44,
N'OTARYI . i
My commission expires: 0-S/2//J9
VIRGINIA: IN THE CIRCUIT COURT OF THE COUNTY OF ALBEMARLE
JAMES THOMAS CARGILE,
Plaintiff
v. DECREE OF DIVORCE
A VINCULO MATRIMON I I
6165-C
JEAN LANG CARGILE,
Defendant
This cause came on this day to be heard upon the
Plaintiff's Bill of Complaint, the Defendant's Answer thereto and
Waiver of Notice, and the Depositions of the Plaintiff and his
witness , duly taken and filed in accordance with law, and was
argued by counsel;
Upon consideration whereof, it appearing to the Court
from the evidence, independently of any admissions of the parties
in the pleadings or otherwise, that the parties hereto were
lawfully married on the 20th day of February, 1963, in Cambridge,
England; that both parties are residents of and domiciled in the
State of Virginia and have been such residents and so domiciled
for a period in excess of six months next preceding the
institution of this suit; that the parties hereto last lived
together as husband .and wife in Albemarle County, Virginia; that
the Defendant herein currently resides in Albemarle County,
Virginia; that both"parties are of sound mind and are over the
age of eighteen years; that neither party is a member of the
Armed Forces of the United States; and that three children have
been born of the aforesaid marriage, two of whom have survived
and are over the age of eighteen years;
And it further appearing to the Court from the
evidence, independently of any admissions of the parties in the
pleadings or otherwise, that the parties hereto have lived
separate and apart, continuously, uninterruptedly and without
cohabitation, for a period exceeding one year , to-wit: since
about May, 1984, it is hereby ADJUDGED, ORDERED, and DECREED that
the Plaintiff, James Thomas Cargile, be, and he hereby is ,
awarded a decree of divorce a vinculo matrimonii on the ground of
one year continuous separation;
And it also appearing to the Court that the parties
hereto entered into a Separation Agreement dated June 3 , 1988 ,
and it appearing proper so to do, it is hereby ORDERED that the
said Agreement be, and it hereby is, RATIFIED, CONFIRMED, and
APPROVED and INCORPORATED herein and made a part of this decree
as fully as if said Agreement were set out herein in haec verba;
and the parties are further ORDERED to comply with the terms and
conditions contained therein;
And it is hereby further ADJUDGED, ORDERED and DECREED
that the Plaintiff, whose social security number is 528-46-6654
and whose date of birth is April 13, 1938, shall pay to the
Defendant, whose social security number is 226-44-2238 and whose
date of birth is September 11, 1930, as spousal support the sums
specified i p • .agraphs 5A, 5B an 5C of the said Separation
•
Rie Ag em nt le any sums o be offset aga' st suc ousal pport
in acco an e with -ra ra h 5D of e s id eparation Agreement 4`.`
firma-�G���-�,�.,., C /�/-v
Furthe , the Plaintiff shall b ' respon ible for
providing and paying for , as spousal support , all health
2
insurance premiums necessary to continue the Defendant's current
health insurance coverage, or equivalent coverage, through the
eighteenth month following the entry of this Decree.
The then current values as of the date of withdrawal
of fifty percent (50% ) of the accumulation under Plaintiff ' s
TIAA Contract No. A246303-0 and fifty percent (50%) of the
accumulation under Plaintiff's CREF Certificate No. P161827-6
are awarded as Defendant's marital property interest to be
applied to TIAA-CREF annuities on her life and subject to the
terms of said annuities. The date of the withdrawal shall be
the date the transfer to the Defendant of these partial
interests in Plaintiff's TIAA contract and CREF certificate is
recorded on the books of the Teachers Insurance and Annuity
Association College Retirement Equities Fund on the Plaintiff's
and Defendant ' s joint request.
Nothing further remaining to be done herein, it is
ORDERED that this cause be stricken from the docket.
ENTER: ,
DATE: (o
I ask for this :
. a copy TESTE:
BOYLE & BAIN
SHELBY J. MARSHALL, CLERK
by:C 01i1121 _ • Oar). Clerk
\James Hingeley _ _ �J
counsel for Plaintiff
420 Park Street
P.O. Box 2616
Charlottesville, Virginia 22902
3
Seen:
MacQUEEN , ROSENFIELD & GREEN
By: CS
D. Brock Green
Counsel for DefpnAant
917 East Jeffers-on Street
Charlottesville, Virginia 22901
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