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HomeMy WebLinkAboutVA200200014 Application 2002-06-03 05/15/2002 11:27 FAX 434 072 4126 BLD CODE & ZONING (0002 i r County of Albemarle Department of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 1 (804) 296-5875 FAX (804) 972-4060 • \ VA- ' -0/ . DATE: 3/0 2— FEE: $95.00 STAFF: cALek ' 9 VARIANCE APPLICATION • •i OWNER (as currently listed in Real Estate) okra off? (� Name AL; 'tip* frjf4)eLc4P /4OwAeD Phone ( ') PILS-533L Address 58m. -bunt; e.$a r. Lr C RO , eA 2--2- 5.3Z- APPLICANT (if different from above) Name Phone ( ) - Address _ CONTACT PERSON (if different from above) Name Phone ( ) - • Day Phone ( ) - Address 1 LOCATION: JT) / Z' fJi/u'n PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON TEE BACK OP THIS SHEET. OFFICE USE ONLY 0 549 fl /O)- i7o= O'S TAX MAP , PARCEL ; TM , P ; TM , P /,` 7 l ZONED: tc2L ORDINANCE SECTION: /171, 3 _ Board of Zoning Appeals Date: 2/ 9/ 02_ ,S c 6aAoz ( ) Special Permit ( ) Variance ( ) Proffers BZA ACTION: APPROVE lF : l Jvt\IE 9, 2002 lei 7 6 05/15/2002 11:27 FAX 434 972 4126 BLD CODE & ZONING 1 j003 • DESCRIPTION OF REQUEST: ReqqueSf pe014(SS/� w "/e erect'" arnor wi ii1 q' of A.kac6t' r► ,t -Jf:'u,a s. "AKnipe.6 .v. 1.4 INC . rites*, set AHac� !aw Hof o f a-41.41,,n e,n p r pev 0 JIIBTIPICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship.. t� see at'iac le er 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. SAC C[ *cLJ JeH.ew 3) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. sea((ac ka Ie Het(' The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not be submitted by the deadline. 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. 5o8.0 Signature atD a Receipt# Da e VA-2002-014 (Signs # 1 & 2) Alan and Marlowe Howard (owners/applicants). Located at 5812 Dunvegan Ln. off Rt. 240 approx. 2/10 mi. S. of inters. w/Tabor St. Variance to reduce front setback from 25' to 14' to build a carport. TM 56A2 (1)/Parcel 5, zoned Residential-2. Justification to accompany Variance Application Request by: Alan and Marlowe Howard Property: Lot 1B D.B. 147 p. 22 Address: 5812 Dunvegan Ln., Crozet, VA 22932 Nature of Variance Requested: Permission to build a carport within 14 feet of deeded right-of-way. Criteria and Justification: Criterion 1: That strict application of this ordinance would produce undue hardship. The proposed carport, whose dimensions (22'x20') and location (14' from right-of-way(R/W)) are shown on the attached drawing, would be located very close to the center of our landscaped yard according to modern zoning criteria (25' from R/W), requiring removal of hedges and gardens. The location near the center of the yard and the removal of landscaping would severely decrease the value of the property. By contrast, the location of the carport in the desired location would significantly enhance the value of the property, because the carport would be shielded from the main residence by trees and hedges. The carport would utilize an existing graded gravel pad. Moving the carport into compliance with modern zoning would require significant regrading, whereas the proposed location would not. The RAY at and beyond the proposed carport is used to service only one residence. The owners of the property adjacent and behind the property signed a quit-claim on the use of this right-of-way(see attachment). This right-of-way extends along one entire side of our narrow property and thus places a strong impediment on use of our property. Criterion 2: That such hardship is not shared generally by other properties in the same zoning district and in the same vicinity. The deeded R/W was clearly established at a time when such R/W's were not considered to be impediments to location of structures on properties. As such, the granting of the right-of-way along the entire side of the property has established ex-post-facto a significant impediment to the use of our property that would generally be taken into account in determining the size and width of newly- surveyed residential lots. Criterion 3: That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by granting of the variance. The carport will be located behind a tall hemlock hedge, and will be essentially invisible to traffic along Dunvegan Lane. The carport would, in fact, be more visible to such traffic in a location conforming to the zoning requirements. The design of the carport is designed to be attractive, being an open, roofed building supported by fiberglass columns (see attached drawings and building permit [which was issued under the assumption of a location conforming to the zoning ordinance]). The proposed location within 14 feet of the R/W is more generous than requirements for siting along non-R/W property edges, and is only 11 feet closer to the R/W than the zoning requirements. Existing structures on this and adjacent properties were established at a time when zoning requirements were less stringent. Our house is within 16 feet of the R/W and a garage on the property on the other side of the R/W (D.B. 278, p. 204) is located within two feet of the R/W. Therefore the proposed carport is certainly in compliance with the character of existing structures and practices. We attach a letter from the only two sets of landowners along Dunvegan Lane indicating that they are not opposed to construction of the carport at the suggested location. Attachments: 1. Plat for the Howard property 2. Drawing showing dimensions and locations of the proposed carport 3. Building permit and sketches for the proposed carport 4. Letter from adjacent property owners 5. Quit-claim for the R/W 09I. 0Z 1. 08 017 0 0j7- 08- 0Z I.- 091.- 00Z- Ot7Z- 08Z- OZ8- 098- 0017- I 1 i I 1OZI.- \ - 08- 2 0 ' R / W D. B. 275 p.2 12 `41 `11o8SAILtrid S. 66. 47 10"E. _ 39.27 'r 3 70. 13 ��� F.);4 s. OVb I250 �LZill r 0 ,y 6 d o o d s z I �•si umt. v ^'Le ,►•dallJ s i 0 45 a JP a+ aN }�asalve • i0. 4Sno «r': ° '�d, — t4.% \ t^ n1 '11 u I ((���j as. — 0Y :t.41, -+e 94.96 0 442.14 t II N.66° 47' 24"W - 08 N. N +4 0 0Z1. 09I RECORD OF IMPROVEMENTS(S) '� CONSTRUCTION NOTES IOW FOUNDATION FLOORS B 1 2 3 ROOM SCHEDULE B 1 2 3 1 if SLAB El BRICK 0 CONCRETE DODO LIVING ROOM / 1 `1Icc ?LACE - 01I1/'T fcc ( e�0yl6 (A )f et;P4/ /iYj',4 j CRAWL ❑ PIERS 0 TILE ❑ ❑ ❑ ❑ DINING ROOM / , POURED ❑ WOOD ❑ HARDWOOD ❑ j2(.0 ❑ KITCHEN / BLOCK STONE 0 PARQUET ❑ ❑ ❑ ❑ BED ROOKS) if OTHER PINE ❑,010 ',❑ BATH(S) :.4,/ BASEMENT AREA CERAMIC ❑ ❑ ❑ ❑ FA ILY ROOM '� NONE ❑ FURNACE ROOM 0 CARPET DODD TUDY / t/1}p 2/3 El FULL 0 VINYL 0 0 0 0 SUN ROOM WALKOUT El �/ COMMPUTATIONS GLA: PHYSICAL DEPR. FUNCTIONAL OBSOL. ECON( 1/4 El // ❑ U-GROUND 0 ❑ ❑ ❑ OFFICE /O - pD A rC BASE -- ,[G NT FINISH INT.FINISH B 1 2 3 r1 / 7d- a A/C NONE 1/4 0 to 0 PLASTER 0)2( 2 ❑ LAUNDRY/UTILITC - 9 2/3❑ 3/4 ❑ ❑ D ❑ UNITS S.F. RATE VALUE 0 FULL❑ DRY WALL FIREPLACE(S) C IT.FINISH QUALITY PANEL DODO GARAGE .07 ✓ !r r </ GOOD 0 AVG ❑ POOR ❑ UNFINISHED DODO /'z16' 70 ;,_)1.al� /i•t •t� EXTERIOR WALLS CEILING DODD ATTIC _7 - " i 0 )�t t/D ,ZL I WEATHER BOARD ❑ CATHEDRAL CEILING DISAPPEARING STAIRS ❑ /) cf CEDAR SIDING ❑ LIVING ROOM ❑ ATTIC FLOOR&STAIRS El /6 Ia / 0�/y� 5/`� /-)./ t/ e ,. MASONITE ❑ FAMILY ROOM ❑ GARAGE i/ 3 ' 56Qg /"}' �� '70 71G0 �,: 1 BRICK VENEER ❑ BEDROOM ❑ FIN ❑ UN FIN. ❑ /,. / I SOLID BRICK ❑ CEILING HT - 1ST FL ATTIC ❑ STAIRS ❑ `� 3 `� 16 5y lI i.‘,2C / 4) t-0. S. '4.930.e'f-'L C tc"/ `J filt.te GROOVED PLYWOOD ❑ CEILING HT-2ND FL INFORMATION BY STUCCO ❑ INTERIOR CONDITION TEN 0 OWN ❑ EMP ❑ ASBESTOS SHINGLE .}- J2-- GD ❑ FAIR❑ POOR ❑VP ❑ TIME 2.10 AM ❑ PM,e' ALUMINUM SIDING ❑ FIREPLACES MK ICK NOT HOME ❑/ 1 VINYL SIDING ❑ NUMBER I of 1 mi. < in (,apkiF'Ciy i'C _.�, LOG ❑ NO OF CHIMNEYS I ) INTERIOR INSPECTED J ❑ SUMMARY OF IMPROVEMENTS) !-., CINDER BLOCK NO OF FLUES I I Phys Func Econ. Type Class Age COND. RATE TOTAL INDICATED VALUE Depr. Obsol. Obsol Mark BOARD&BATTEN ❑ GAS FIREPLACE I 1 /- [ (TERIOR CONDITION HEATING / r A ' '.,?' - " ,`05 " l/o,/ /g3.5o Vv� FAIR El POOR ❑ VP ❑ STOVE(S)(OILJWOODI ❑ �+` i �/�/\4 ROOFING FORCED AIR ELEC 0 (� k es .VS/ 1 V _ / . a ` Y �J COMPOSITION ,� FORCED AIR OIL ❑ i!-ff(� C,(;.- 4J° N.V, --..... TIMBERLINE TYPE ❑ FORCED AIR FURNACE GAS ❑ ( . ASBESTOS SHINGLE ❑ HOT WATER OR4/ SLATE ❑ FLR OR WALL FURNACE ❑ WOOD SHINGLE ❑ ELECTRIC BASEBOARD ❑ METAL ❑ SOLAR ❑ -- BUILT-UP ❑ CENTRAL AIR COND ❑ ROLL ❑ HEAT PUMP ❑ - i COPPER ❑ PLUMBING/BATHS,3 ORV V f) _ 00' COPPE GUTTERS ❑ TUBS I 1 1/2 BATH ( ( PROPERTY AGE APPROACH NOTES TOTAL BUILD i' ZtOOFING CONDITION TUB/SHWR ( I SHOWER ( I TO VALUE /� GD FAIR ❑POOR❑ VP El WHIRLPOOL ❑ YEAR BUILT 1 lf`v ❑ OST 1999 I J /W( VER Y. NO PLUMBING ❑ 19 YEAR REMODELED yy MARKET 19 KITCHEN ONLY El -- _ r-. - __ _ _ RIM REP ri ,n trnIt nr .- 1999/2000 REAL ESTATE APPRAISAL COUNTY OF ALBEMARLE, VIRGINIA NAME AND ADDRESS OF OWNER HOWARD, ALAN D OR PATSY MARLOWE Description Acreage 1.170 MAP NO 056A2—01--00- 06500 RT 3 BOX 680 L-1B'CROZET CLASS NO Cl ZONING CODE R2 C R OZE T VA Mortgage Acct LAND USE NO PENDING •^ 040 DEED BOOK: 576 /352 DISTRICT 6 — WH TAX RELIEF N—NO 22932 PROPERTY NAME Year Record of Ownership Book Page Price B/P# REMARKS EX/SUPP# (^ a (n C,e n ADDRESS OF PROPERTY RECENT SALES DATA EXPLANATION FOR LAND ADJUSTMENTS Bldgs ) (fI /O C DATE OF SALE SALES PRICE COMMENTS Topography(Explain) Total C. / 1/� c =�(�;. • i i ! .• . ,:_...fir ,,i_ C+ i,, Land Bldgs Appraiser J��,,JJ 5 Remarks Total Date 9. /7 98 Land Appraiser)/G(J Bldgs No of Dwelling Units / C,-� Date ad. Total Date/0 OC> Appraiser Unit Depth Front Ft. 1999 Total 19 Total 19 Total Acreage Square Footage Price Factor Rate TOTAL Adj. Appraisal Appraisal Appraisal Date TOPOGRAPHY ACCESS LAND USE INFORMATIOI) Level State Rd Crops High Private Rd Pasture Low Paved Livestock _ CLASSIFICATION NO.ACRES RATE IMP.VAL. ADJ. Rolling Semi Imp Neglected dome.ire / (/ ) Steep No.Road Forest -tome Site r Wet St Rt # MOBILE HOME INFORMATII -tome Site Year Size IMPROVEMENTS Road Frontage Make Road Frontage Public Water , Well Road Frontage Public Sewer • .% Gas Owner's .110 [ .l_j� Name .L.(Jl �rn�'�� Private Water U G Utilities Computation Private Sewer Spring Septic Paved Drive APPRAISERS REVIEW BOARD REVIEW rotal Acreage I I 1 _.total Value Land 0(00-i rotal Value Improvements) 1 /60() rota)Value Land&Improvement(s) a/7(00 Date . q f (c, i o3, County of Albemarle loot/ _Q/ --(7) —X 6 j(e Staff /) )0 / OvAL ' BUILDING PERMIT r Land Use Yes $�- �� Building Code and Zoning Services PERMIT PAID: F CASH 401 McIntire Road Permit tf"-P IPI # 14-G- i- Charlottesville,VA 22902-4596 OTHERy _M/, \) Tel.(434)296-5832•• Fax(434)972-4126 Project /y# C NAME 7/� .8_,t L /44-'L (vtti'." O NAME . Gtf r' 1 -� c/� 4/./../1 '�laADDRESS t.'i ���; (." .-.t,i�� _ADDRESS Z re CITY CITY C/2,1 'f Li + /1 . ' , c� -9 I- PHONE f� c) c)J 3�. O PHONE fJ State Reg. County Exempt Type of Frame i Type of Water Supply Z e ❑Masonry Wood 0 Steel 0 Public Ill ftvate 0 C.Well J NAME Type of Heating/Mechanical Type of Sewage D sp sal ElOil 0 Gas ❑Elec. 0 HP 0 Public) ,i Q Septic ADDRESS ID Fireplace 0 Wood Stove �! CITY ❑Other 0 Gas Logs I —` Class of Work: la �PHONE \ d NEW 0 ADDITION 0 ALTERATION ❑Other M Describe Work. (ii—rdikP // Cri�(y/1 �' ,>9 1 i.o No.of Stories Sq ft 1st Floor 2nd Floor Garage`' O Fin Basement Unfin.Basement Decks Porches / (it.." PROPOSED USE SET BACKS ❑Cra4Qlt`e O olab Engineering / Front Z. I Zoning ( �One Family Bedrooms Baths Back ? C' Value of Work Permit Fee (9 Garage C rpbrt Kitchen R.Sd Z-' %Oa) 1%Surcharge L.Sd 16 U/ Total Other / I\J Type of Use Floor Zoning i 1' /'��� /)Dist li l School Dist. t I I .*/-) Const. c,�a. Group O Live Load Tax Map/Parcel`/�/- I)-",/`06 —{ J 5 Acres /, / Y) Size of Bldg No.of Max. /n (Total)Sq.Ft. Stories occ Load Lot i V Blk. Sec. Phase No.of No.of Accessory/ Fire Sprinklers Required Dwelling Units Structures 0 Yes ❑No Subdivision Zoning Pre-Construction Building Pre-Construction Fire Alarms Required Plans Reviewed By Zoning Approved for Issuance Building Approved for 0 Yes 0 No 0 Yes 0 No 0 Yes ❑No Zt. / / / Issuance By I `��� SPECIAL APPROVALS REQUIRED //RECEIVED NOT REQUIRED C- —� -__ J(_.,(D1- ((1,— • - � Zoning tt �11(�1- �l�_ NOTICE Health Dept. SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, Engineering VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED Service Authority i / ;,i IS NOT COMMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS Planning SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER Highway Dept. WORK IS COMMENCED. I HEREBY CERTIFY THAT I ��D1�� ED THIS APPLICATION AND KNOW Prel./Final Zoning / THE SAME TO BE TRUE Nit-REC A 'I3I i ONS OF LAWS AND ORDINANCES Recorded Plat GOVERNING THIS TYPE �VDR 1 }B& Pu.�'IED WITH WHETHER SPECIFIED Site Plan l/ 1----- HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR ARB v LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF �--- CONSTRUCTION. REAL ESTATE DEPT APPR/ISEt VAI11. ING PAR° IT PsU LAND $ -' POSTED OA JOB SiTF SIGNATU 0 CT OR UTHORIZ GENT DATE BUILDINGS _ r „�zi/y SI OF OWNER( OWNCRIKIILDER) rJIC DAT TOTAL $ 14 i__ r .f !- -'2 5-�q R•�f°lv3�c.� ��`'1 x//�I X,-e/ — .C:v 1.i..0(. .. X --C.XZ° —p, *(7t::1 0 d 1 , 1N I / ,1 N., .. 1 , 1_,. . 0 iii / All•••■••••••••••••••••••••••••••, Ad .._ c.......,,...„4, ......„‘„,.....„.„....._.„,‘ 1 ...... iii I fl 1 i. "-,I.r) \ _ 71:, I '---ia_V--e) 5--P 9S-4}..f.. Z / TV' I L__ l'.'i U , , i i , Vf' �.. �i,IM ..- .-----r. ........—.. -r• .- --,c—,... _. ..... ,......-.,! 5$,11) b).-pq j.. 0.) �.�... _.__- .... _,. . . ( ' " ��' Xis 8 T© —' ;--rw -7)/ cro iF ,41 w q ---r Lt.5 . -- i 1 urn d -0<b .moo >i-v -v -y0-14 fr i We the undersigned owners of property adjacent to the property of Alan and Marlowe Howard(Lot 1B,D.B. 147, p.22) in Crozet, Virginia have examined their application for a variance for construction of a carport within 14 feet of the right-of-way of Dunvegan Lane (D.B. 275, p. 212) and we have no objection to the granting of the requested variance. (Z L_ (. Date ( Dot D � a.. 0) s8►s • Date coD ---C'ew Date 13 ) 2 -- SGM2'0) ,j A 5--no rat-lc. �•� aC5. 4,&eJ Date /3 0 We the undersigned owners of property adjacent to the property of Alan and Marlowe Howard(Lot 1B,D.B. 147, p.22) in Crozet, Virginia have examined their application for a variance for construction of a carport within 14 feet of the right-of-way of Dunvegan Lane (D.B. 275, p. 212) and we have no objection to the granting of the requested variance. t � ( ' DateVi.t.0 Date 0D_2, Date 1T1 2 -- wee) Date fice) /3 02.eaZ We the undersigned owners of property adjacent to the property of Alan and Marlowe Howard(Lot 1B,D.B. 147, p.22) in Crozet,Virginia have examined their application for a variance for construction of a carport within 14 feet of the right-of-way of Dunvegan Lane (D.B. 275, p. 212) and we have no objection to the granting of the requested variance. 00; _w Date , Date en), Date 13-1 2 -- — 0E1. wed) Date /3 ,72,e0 We the undersigned owners of property adjacent to the property of Alan and Marlowe Howard(Lot 1B, D.B. 147,p.22) in Crozet, Virginia have examined their application for a variance for construction of a carport within 14 feet of the right-of-way of Dunvegan Lane (D.B. 275, p. 212) and we have no objection to the granting of the requested variance. Date Date Date Date \c9jt CAjtj e' . I 6 _. u PAGE; 0 0 4 001 UU9 THIS DEED OF RELEASE made this 5th day of February, 1985, by and between ALAN HOWARD and PATSY MARLOW HOWARD, husband and wife, parties of the first part, A. HARRIS COLEMAN and BESS H. COLEMAN, husband and wife, parties of the second part, and PHYLLIS A. WYANT, party of the third part, 1111111111 W I T N E S S E T H : WHEREAS, Alan Howard and Patsy Marlow Howard are the owners in fee simple of a parcel of real property in the town of Crozet, Albemarle County, Virginia, being designated as Lot 18 on plat of record in Deed Book 431, page 223, having acquired the same by deed of record in the Clerk's Office of the Carcuit Court for said County in Deed Book 576, pave 352; and WHEREAS, by reference tr. said deed and reference to plat of record in • Deed Book 275, page 212, it will be seen that said property has as an appurte- nance to it and is subject to the rights of others in a 20 foot right of way running along the southeastern boundary of said property; and WHEREAS, A. Harris Coleman and Bess H. Coleman are the owners of two parcels adjoining bald easement and adjoining the lot of the parties of the first part, having acquired the same by deeds of record in said Clerk's Office in Deed Book 431, page 221 and Deed Book 658, page 337, both of which parcels have as an appurtenance to and are subject to the rights of Diners in said right of way; and WHEREAS, Phyllis A. Wyant is the owner of a parcel of real property adjoining the Coleman property and -oss the easement from the Howard property having acquired the same pursuant to the terms of a deed of record in said Clerk's Office in Deed Book 278, page 204 and as sole heir of Ruby Lee Wyant, said parcel also having as an appurtenance to it, and being eubject to the rights of others in, said 20 foot right of way; and III ::';`( 8 ? 3 rACEt) 005 WHEREAS, the parties hereto make no use of said easement for the benefit of their respective properties and desire to terminate said easement by this instrument. 11;;;;;;;; NOW, THEREFORE, for and in consideration of the mutual releases contained herein, the parties hereto as is evidenced by their signatures to this document, do hereby release, terminate and waive all their respective rights, i'. title and interest in and to said easement, releasing all interests they may have for their respective parcels to make use of said easement over and across the property of the other parties hereto and agree that the property line between their respective parcels shall be the center line of said 20 foot road .:.; it runs along and adjacent to each parcel hereto. This agreement evidences the parties intent, for themselves, their heirs or a'signs to abandon said 20 foot rcad and t,) waive, release, demise and quit claim any interest they may have in said roadway, excepting only that portion of said roadway lying along and adjacent to each party's respective parcel or parcels to a depth 10 feet or to the center line of said roadway and agree that that portion of the roadway NI* which does adjoin and lie adjacent to each party's respective parcel as herein- before described shall belong to and he a part of each party's respective parcel or parcels, free and clear of any claims of the other parties hereto. WITNESS the following signatures and seals: 111111111 c22Tr. (SEAL) Alan Howard uu-- - l i`avtter-T �(SEAL) sy Pat low Howard /2.14-1 -,,! EAL A. • atria Coleman ) �t.ngi' ./• l �1.r,.df�•t% (SEAL) Bess H. Coleman ( / '�' (SEAL) Phvl is A. Wyant 2 eit THIS DEED OF RELEASE made this 5th day of February, 1985, by and between ALAN HOWARD, divorced, party of the first part, A. HARRIS COLEMAN and BESS H. COLEMAN, husband and wife, parties of the second part, and PHYLLIS A. WYANT, party of the third part, W I T N E S S E T H : WHEREAS, Alan Howard is owner in fee simple of a parcel of real property in the town of Crozet, Albemarle County, Virginia, being designated as Lot 1B on plat of record in Deed Book 431, page 223, having acquired the same by deed of record in the Clerk's Office of the Circuit Court for said County in Deed Book 576, page 352; and WHEREAS, by reference to said deed and reference to plat of record in Deed Book 275, page 212, it will be seen that said property has as an appurtenance to it and is subject to the rights of others in a 20 foot right of way running along the southeastern boundary of said property; and WHEREAS, A. Harris Coleman and Bess H. Coleman are the owners of two parcels adjoining said easement and adjoining the lot of the party of the first part, having acquired the same by deeds of record in said Clerk's Office in Deed Book 431, page 221 and Deed Book 658, page 337, both of which parcels have as an appurtenance to and are subject to the rights of others in said right of way; and WHEREAS, Phyllis A. Wyant is the owner of a parcel of real property adjoining the Coleman property and across the easement from the Howard property having acquired the same pursuant to the terms of a deed of record in said Clerk's Office in Deed Book 278, page 204 and as sole heir of Ruby Lee Wyant, said parcel also having as an appurtenance to it, and being subject to the rights of others in, said 20 foot right of way; and • • WHEREAS, the parties hereto make no use of said easement for the benefit of their respective properties and desire to terminate said easement by this instrument. NOW, THEREFORE, for and in consideration of the mutual releases contained herein, the parties hereto as is evidenced by their signatures to this document, do hereby release, terminate and waive all their respective rights, title and interest in and to said easement, releasing all interests they may have for their respective parcels to make use of said easement over and across the property of the other parties hereto and agree that the property line between their respective parcels shall be the center line of said 20 foot road as it runs along and adjacent to each parcel hereto. This agreement evidences the parties intent, for themselves, their heirs or assigns to abandon said 20 foot road and to waive, release, demise and quit claim any interest they may have not included in that portion lying along and adjacent to their respective parcels to a depth 10 feet or to the center line of said roadway and to agree that that portion of the roadway which does adjoin and lie adjacent to each party's respective parcel as hereinbefore described shall belong to and be a part of each party's respective parcel or parcels. WITNESS the following signatures and seals: (SEAL) Alan Howard (SEAL) A. Harris Coleman (SEAL) Bess H. Coleman (SEAL) Phyllis A. Wyant -2- STATE OF VIRGINIA, AT LARGE COUNTY OF ALBEMARLE, to-wit: The foregoing Deed of Release was subscribed, sworn to and acknow- ledged before me by Alan Howard in my County and State aforesaid. Given under my hand this day of February, 1985. My commission expires: Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF ALBEMARLE, to-wit: The foregoing Deed of Release was subscribed, sworn to and acknow- ledged before me by A. Harris Coleman and Bess H. Colamen in my County and State aforesaid. Given under my hand this day of February, 1985. My commission expires: Notary Public STATE OF VIRGINIA, AT LARGE COUNTY OF ALBEMARLE, to-wit: The foregoing Deed of Release was subscribed, sworn to and acknow- ledged before me by Phyllis A. Wyant in my County and State aforesaid. Given under my hand this day of February, 1985. My commission expires: Notary Public :to 3r� WHEREAS, Barbara Y. Howard and Alan D. Howard have this date entered into a property settlement agreement setting forth the rights and duties of each party with regard to the rights of the parties in their jointly held property; and WHEREAS, by the terms of paragraph 4 of said agreement Barbara Y. Howard agreed to convey all her right, title and interest in their jointly owned residence near Crozet, Virginia, to her husband, Alan D. Howard. NOW THEREFORE, this deed made this 2nd day of July, 1975 , by and between ALAN D. HOWARD and BARBARA Y. HOWARD, husband and wife, parties of the first part, and ALAN D. HOWARD, party of the second part, W I T N E S S E T H That for and in consideration of the sum of FIFTEEN THOUSAND EIGHT HUNDRED SEVENTY-.SIX and 00/100 Dollars 015,876. 00) of which $11,700. 00 is cash in hand paid, and the balance of $4, 176. 0 • is evidenced by a note executed by Alan D. Howard and made payable to Barbara Y. Howard, the receipt of all of which is hereby acknowledged, the said Alan D. Howard and Barbara Y. Howard, parties of the first part do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the said Alan D. Howard, the party of the second part, all that certain lot or parcel of land together with the improvements thereon and the appurtenances thereunto belc?nlging situated at or near the village of Crozet, fronting on the Miller School Road, shown and described as Lot 1B on plat of Warren F. Wade , C.L. S. , dated May 27 , 1967 , and recorded in the Clerk` s Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 431, Page 223, and being the western portion of a lot containing 2 . 14 acres, more or less , conveyed to Alan D. Howard and Barbara Y. Howard, husband and wife, by deed of Thomas Cary Johnson and Dorothy C. Johnson, husband and wife , by deed dated August 9, 1971 , and recorded in the said Clerk' s Office in Deed Book 492 , 3 SMITH 28. Reference is hereby made to the above mentioned plat and deed for a more particular description of the property hereb: conveyed. This conveyance includes as an appurtenance to the land hereby conveyed a non-exclusive right of way. easement in a 20 fo roadway set forth in a deed of record in said Clerk' s Office in Deed Book 275, Page 212. ►� The property hereby conveyed is subject to a Deed of Trust dated August 9, 1971 , of record in said Clerk' s Office in Deed Book 492 , Page 30. Alan D. Howard, party of the second part, I joins in this deed to release and save harmless Barbara Y. Howard from any future obligation arising from said Deed of Trust and any obligation secured thereby. WITNESS the following signatures and seals: (SEAL) Alan D. Howard 4/9 L7L'L (SEAL) Barbara Y. oward ISTATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me by ALAN D. HOWARD on this e? '-d day of July, 1975 . My commission expires: ���� c.c ? 2f /, 7 7 � .� NotarjPublic STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: The foregoing instrument was acknowledged before me by BARBARA Y. HOWARD on this 02/1d day of July, 1975 . My commission expires: 2,2r 7 97 7 • Notar Public REMBLAY a SMITH VIRGINIA: . IN THE CLERK' S OFFICE OF ALBEMARLE CIRCUIT COURT, This deed was presented to me in said office andw th rtificate annexed admitted to record at 4_07 /'/ Vi 7 / rFs,/ t r lL A, . /4 irk ie R 15 4 8 A-6 S / E., 6ADDRESS: V , 3 �---- GR A NT OR: �t-�O P- 1 A �,4ie • /_/ 4.) .4 O 4 ) D 121.E DEED BOOK 431 PAGE 2.Z, / PLAT REF: DEED BOOK 4 3/ PAGE Z Z- DESCRIPTION & REMARKS: v- LOT / 4 s a D. A)1p F 7D 447 - 2-'7 7 ,p.6,41.0) .--re,6;k4:277' CHECK FOLLOWING AS OPERATION IS COMPLETED: MAP CHANGE MADE NUME.ICAL FILE CHANGE ALPHABETICAL FILE CHANGE CONVEYANCE: PARTIAL ✓WHOLE No. OF ACRES.,„. © • 7 7 MAP Nod' \ YEAR OF TRANSFER 19/,.7 LAND BOOK YEAR 19 •., CONSIDERATION $_ 4-5-0 C� LAND ASSESSMENT - OFF CONVEYANCES { • ACREAGE - TYPE NO. VALUE PER TOTAL d RECAPITULATION ACRE _ ACRE APPRAISED VAL. ASSESSED VAL. FULLY CLEARED I /� LAND '7- 0e9 ORCHARD 1 BLDGS. - SEMI-CLEARED TOTALS $ WOODED LAND SWAMP, MARSH ETC. G TOTAL ACREAGE-VALUE e'7 /y =r. a' a fi; T a- '£ ^C7L4;-y„..r.,, rs - a �"_ 770 ,t , rr x r� y"„y. lie' • ,�J,..•.. T3t's7' a ,^ :a-_� •?. ,,.�., ..-10 r,r.r•• :i� v..f, -r ,._t+� -I-..:..4 F- L£a4 t..a:.- $;.. .,_ao. ,, i+- ` " ,, xei- -% - ',,... 5 1( vk }.:.':- t - ,e; ,....,.R fr,.4 t.. ...,. . ?yam, }:4 ., 4.1C'���:..-}- fR.1,,;. _ -.(.. :i ,.wf?e` t •!s .� -.fx-•4 ) t -'- •,N- f .�-f %!i -T :� 4 - ",^• .C5- 3" .�•i.f ,i.,:.;-; �1ri �,. ,3.,z.4 •p�1-- tt= ---'�•�.-�s� ''.�''t' 1 c�', r�: �s& L r,.{�o� ��k°•4.'f.- c - 37a�a .mow `.4,�..:T (.'.. ie -- Z...'4;v i- `` '7 • [ '..w'� / lc ?k,`:irr .. ,, ��; -'a' •: ra to t )r-1 tic • S r t ! - if Y; -4 •:^s'�' " - __ _ Yf. -N- - 7s G tS \ f 3 �= `tea �° � .,4 .lac.PS ° t �q i :, Vr3,,,ef",- �r se 9' \ ; - - -'...I A 1 : • O -s7'iRQ..t r K .�.� ��. _ _-`� r r :ky'tsy-1 } * ::.' t , ,� • f • r S. 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Cr i530/6iac%s/ 3 7` e o//!/iSio.✓ C.at 714/ pro,6ao-ey -or-7 - • _•-.;; I�IOY O!- _. -- I1 Gc/.a�. /a-sy �;// /�i>,oct/.E47yc dnd feia,$t'rar / f .Ce>l/ ' rr .Cots /A /B i9 D/dr1ro.✓' c � ,-. -�•fi6r Ot/O/- /Q�bt MO#-!t LO,.....,/,'.. /-/OIJ/J//! alerY/1'7 - .f.eraX. /+Z9e/YAII-/ &• C//�A/ ? . 4 VI t.,. t1 , ".. WADI.- _.. ---' t7 No,. _Tc0/e , / '. /oc Dm�e S-L7-G7 ,r -' ^ .�' .f. . r• gPP/.ot/ct� A/6C/f.7Or/G �AI", �. .�v4nd Of ��Gs• �fii.1'. LC/UrI-G n f'. i,'_ C •�r.1. _ �: • Yo C ..tea- y -, A 1 -'4 :. • ...- A e*:i._ .:.i'.3].,..__&�.,.-�r< .. s. xr.�,r_. ,+,. _ - . _.�� .a:G.,�=.4.LI,.i 4 _.....r. ... .w,t.L•..rc_ a/' -- -- - --�- ••••���✓ �.�.•..+a.. c�wuyoivcttl ai-o waiveu-; cnati the said debt • represents "Deferred purchase money•; that "insurance required" is $2000.00 and that the said debt shall be "Subject to gall upon default". It is understood and agreed that the grantors herein assume all of the covenants, duties and obligations imposed by Seotion 5167 of the Code of Virginia as amended by the Acts of Assembly of 1926, and that the Trustee herein and the beneficiaries hereunder shall have all of the rights, powers and securities conferred by said Act, and that said Act shall control in the construction and execution of this trust in all respects unless herein expressly otherwise provided. And I further certify that the_/_ 9fe Witness the following signatures and seals: 1 eggregating$4¢pczTL J.A.Austin (SELL) described and ,e ured is .�9�. t ekd 2. Q..-� e....1- O this Deed of Bust, Is ava R f�l0 y, 3 q,a s Dora V.Austin (SEAL) been produced am_ me ,, •_ i.. /��� ,� marked paul and,uncalled T{�„., ' Given under y baud this ' ti.day f 4,14.:92}3 STATE OF VIRGINIA • COUNTY OF ORANGE TO WIT: t't 'k I, Anna T.Burgess, a Notary Public in and for the County and State ' 'aforesaid, do certify that J.A.Austin and Austin, his wife, whose ft names are signed to the foregoing deed of trust bearing date on June 1, 1927, have acknowledged the same before me in my said county. My commission expires Feb 4, 1929. Giten under my hand this 7th day of June 1927. Anna T.Burgess, Notary Public. VIRGINIA: In the Clerk's Office of Albemarle Circuit Court June 18th 1927. This deed was presented to me in said office and with certificate annexed admitted to record at 9 A.M. Tests: 1 lark. am/ Vly` .C.Roaenkrans etc THIS DEED, made this 4th day of June 1927, by and TO B & S between L.C.Rosenkrans and J.C.Aosenkrans his wife, parties of the first part, Cornelia Wolfe and Cornelia A.Wolfe, party of the seoond part. Fee $1.75 WITNESSETH : - - - Tax .48 Tran 1.00 That for and in ooneideration of the sum of three Plat 2.00 Hundred seventy seven and eight eight cents ($377.88) cash in hand paid by Paid $5.23 the said party of the seoond part to the parties of the first part, the •) \y\�� receipt whereof is hereby acknowledged, the said L.C.Rosenkrans and J.C. `rosenkrans have bargained and sold and by these presents do hereby Grant, ,,,ek Bargain, sell and convey unto the said Cornelia A.Wo fe, her heirs and assign's forever, with General Warranty of title the following property to-wit: Q A certain tract or parcel of land situated in the County of Albemarle, t 1 7 2 . near the village of Crozet, Virginia, and being more particularly described as ` Lot #7 on a plat of the property of L.C.Rosenkrans which plat was made in May 1927, by W.J.Hall, Surveyor, a copy of which plat is hereto attached, and to which plat reference is made for a further description of the property hereby conveyed, the said tract of land containing one and six tenths acres (1.6A) more or less, being a part of the same property which was conveyed to L.C.Rosenkrans by R.H.Wilson and wife, by deed dated October 28, 1919, and recorded in D.B. 171 page 466, in the Clerk's Office of the Uircuit Court of Albemarle County. TO HAVE AND TO HOLD, said property together with all and singular the appurtenances thereunto pertaining unto her the said Cornelia A. Wolfe, her heirs and assigns forever. The said L.C.Rosenkrans and J.C.Rosenkrans covenant that they have a right to convey the said land to the grantee; that they have done no act to encumber the said land; that the grantee shall have quiet possession of said land free from all encumbrances; and that they will exeoute such ' further assurance—s of said land as may be requisite. Witness the following signatures and seals. L.C.Rosenkrans (SEAL) - J.C.Rosenkrans (SEAT,) STATE OF VIRGINIA COUNTY OF ALBEMARLE TO WIT: I, Claude R.Yardley, a Notary Public in and for the County of Albemarle, State of Virginia, do hereby certify/that L.C.Rosenkrans and J. C.Rosenkrans his wife, whose names are signed to the writing above bearing dated on the 4th day of June 1927, have this day acknowledged the same before me in my County and State aforesaid. . 3- My commission expires the 6th day of May �930. Given under my hand this 4th day of June 1927. Claude R.Yardley, Notary Publ ,. w r' eG.»+rW.�"�t Note: streets inclue in areas b ,+s°,� *ow N ,o, '° r survey subject to the rights of the-fferson Highway •!, rtiM1, ,1.4: ,r 1 �2 1 t? N , h r. C2 2m : : %; O. c w R o,o r a ' A) ----A44'"° µ w 1 " c n ,., ,oc F 2 �, v a s c ° 34 ' b.g44 -" �- v - h'•'I. / 1,0V / t, "'S 7 ��vb v _ "'y o _ G Y .9 Qi 04 imp C . T / • L _ ______— _ ---- - — — — VS d 2 -o Map showing the 1/ L.C.Rosenkrans Estate, rozet, Va. May 1927. W.J.Hall, Sur. • . • 276. • VIRGINIA: In the Clerk's Office of Albemarle Circuit Court June 18th 1927. This deed was presented to me in said office and with certificate annexed admitted to record at 10 A.M. with plat attached. Teete: lerk+ 'I II _ John S.Battle Tr WHEREAS by deed of trust dated March 29th, 1920, ana TO BY'&TS. recorded in D.H. 173, p. 30, of the Clerk's Office of the Circuit Court of Nat. Bank of Ch'vi1181bemarle County, Virginia, Charles E.Hughes and Lilly L.Hughea, his wife, conveyed the hereinafter described real estate to G.M.MoNutt and R.T.W.Duke, Fee 31.75 Jr. Trustees, in trust to secure a debt of said Hughes, fully described in Tax 2.64 Tran 1.00 said deed; and Paid 15.39 A WHEREAS by order of the Circuit Court of Albemarle County, entered May llth 1927, and spread in Order Book 43, p. 396, John S. n __D ?L �'µ`����n a Battle was substituted as Trustee under said deed of trust in the place and �J stead of G.M.McNutt and R.T. W.Duke Jr. and mFG ii a WHEREAS default was made in the payment of the debt secured by said deed of trust and said substituted Trustee was requested, to sell said land in accordance with the provisions'• said deed, which said sale was sanctioned and approved by the circuit Court of Albemarle County by order entered on the 9th day of April, 1927, in the Chancery cause of Lilly L.Hughes, eto v. Irving-Way-Hill Company ,etc. pending in said Court,and WHEREAS said sale was duly advertised in accordance; with the provisions of said deed of trust and held on May 16th 1927, at Twelve o'clock M. at the front door of the Court House in Charlottesville, Virginia, at which time said land was knocked out to the National Bank of Charlottesville for the sum of 42200.00 that being the last and highest bid received; and WHEREAS said Bank has complied with the/ terms of sale by payment of the purchase price in full, and is entitled to a deed; THEREFORE THIS DEED, made and entered into this 18th day of June 1927, by and between John S.Battle, Trustee as aforesaid, party of the first part, and National Bank of Charlottesville, party of the eeaond part, W I T N E S S E T H : - - - That for and in consideration of the premises, and especially in consideration of the payment of the purchase price of 42200,00 '(47 7 Z�1 in full, said party of the first part doth hereby grant, bargain, sell and t anuvyy unto said party of the second part, with special warranty of title, all of that certain lot or tract of land, lying near Milton, in Albemarle County, Virginia containing 150 acres, more or less, and originally consis- ting of two adjoining tracts of land, one oontaining 142i acres, more or less, and being the same land conveyed to Charles E_Huaha.. 1,., -AA- r mo,,n,.