HomeMy WebLinkAboutZMA200000005 Application Zoning Map Amendment 2000-04-17 County of Albemar'" ❖ Department of Buildin ',ode and Zonin Services
• OFFIC E USE�� "`�- -0,7 TM D q 5 - D O - 0 0 _0 s
51a4 83 Sign# Mag Dist. t � Staff �ericillg_L_, Date /74
Application for Zoning Map Amendment
Project Name(how should we refer to this application?) Albemarle SPCA New Shelter
*Existing Zoning R-6 Proposed Zoning C-1
l(*staff will assist you with this item)
Number of acres to be rezoned (if a portion it must be delineated on plat) 5.88 acres 64
� �*see attached
Is this an amendment to an existing Planned District? ❑Yes xNo &crc 5
Is this an amendment to existing proffers? ❑Yes ANo
Are you submitting a preliminary site development plan with this application? ❑Yes c No
Are you submitting a preliminary subdivision plat with this application? ❑Yes 4No
Are you proffering a plan with this application? ❑Yes 4No
Contact Person(who should we call/write concerning this project9) Daniel J. Meador, Jr.
Address 433 Park Street City Charlottesville State VA Zip22902
djmeador@morinand
Daytime Phone( 804 ) 293-1200 Fax# 804-293-2135 E-mail barkley.com
Owner of land(as listed in the County's records) Albemarle SPCA
Address Post Office Box 7047 City Charlottesville State VA Zip 22906
Daytime Phone( 804 ) 973-4000 Fax# E-mail
Applicant(Who is the Contact person represenung9 Who is requesung the re-zorung9) he Albemarle Society far the Prevention
of Cruelty to Animals, Inc.
Address Post Office Box 7047 City Charlottesville State VA Zip 22906
Daytime Phone( 804 ) 973-4000 Fax# E-mail
Tax map and parcel Tax_ Map 45, Parcel 86
Physical Address(if assigned) none assigned to our knowledge
Location of property(landmarks,intersections,or other) West side of Berkmar Drive, north of Woodbrook Drive
and Woodbrook Court, across from Planet Fun.
Does the owner of this property own(or have any ownership interest in)any abutting property? If yes, please list those tax
map and parcel numbers Yes, Tax Map 45 , Parcel 87
OFFICE USE ONLY,ef\ �Q
Fee amount$ IS 1lc) v V Date Paid rTAQ(lib Check# T� Receipt# 1/' By:
f L (Under 50 Acres=$815 50 acres or more=$1,255 Minor amendment to previous request=$175)
�j History: ❑Special Use Permits: ❑ZMAs and Proffers:
n0 ❑Variances
H15 ❑Letter of Authorization
Concurrent review of Site Development Plan? ❑Yes ❑ No
401 McIntire Road ❖ Charlottesville, VA 22902 ❖ Voice: 296-5832 ❖ Fax: 972-4126
Section 15.1- 490 of the Code bf Virginia states that, "Zoning ordinances and districts shall be drawn
and applied with reasonable consideration for the existing use and character of the property, the
comprehensive plan, the suitability of property for various uses, the trends of growth or change, the
current and future requirements of the community as to land for various purposes as determined by
population and economic studies and other studies, the transportation requirements of the community,
the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public
services, the conservation of natural resources, the preservation of flood plains, the preservation of
agricultural and forestal land, the conservation of properties and their values, and the encouragement of
the most appropriate use of land throughout the county or municipality."
These are the items which will be reviewed by the staff in their analysis of your request. Please provide
any additional information you feel is necessary to assist the County in its review of your request. If you
need assistance filling out these items, staff is available.
What is the Comprehensive Plan designation for this property? Transitional
What public need or benefit does this rezoning serve? See attache d
Are public water,sewer,and roads available to serve this site?Will there be any impact on these facilities') See attached
What impact will there be on the County's natural,scenic,and historic resources? See attached
OPTIONAL:Do you have plans to develop the property if the rezoning is approved?If so,please describe: See attached
If you would like to proffer any restrictions on the development of the property, please list these proffers on the following
optional attachment entitled, "PROFFER FORM". Proffers are voluntary offers to use property in a more restrictive way
than the overall zoning district classification would allow.
By State Code,proffers must have a reasonable relationship to the rezoning and are not mandatory.The rezoning must give
rise to the need for the proffers;the proffers must be related to the physical development or physical operation of the property;
and the proffers must be in conformity with the Comprehensive Plan.
2
Describe your request in detail tnciuding why you are requesting this particular zoning district') See attached
ATTACHMENTS REQUIRED -Provide two(2) copies of each:
1. Recorded plat or boundary survey of the property requested for the rezoning.If there is no recorded
plat or boundary survey, please provide legal description of the property and the Deed Book and
page number or Plat Book and page number.
Note: If you are requesting a rezoning for a portion of the property, it needs to be descnbed or
delineated on a copy of the plat or surveyed drawing.
$7 2. Ownership information - If ownership of the property is in the name of any type of legal entity
or organization including,but not limited to,the name of a corporation,partnership or association,
or in the name of a trust, or in a fictitious name, a document acceptable to the County must be
submitted certifying that the person signing below has the authority to do so
If the applicant is a contract purchaser, a document acceptable to the County must he submitted
containing the owner's written consent to the application.
If the applicant is the agent of the owner,a document acceptable to the Count must he submitted
that is evidence of the existence and scope of the agency.
OPTIONAL ATTACHMENTS:
❑ 3. Drawings or conceptual plans, if any.
❑ 4. Proffer Form signed by the owner(s).
5. Additional Information, if any.
I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this
application. I also certify that the information provided is true and accurate to the best of my knowledge.
Signature V Date
Daniel J. Meador, Jr. (804) 293-1200
Printed Name Daytime phone number of Signatory
3
Application for Zoning Map Amendment
The Albemarle Society for the Prevention of Cruelty to Animals, Inc. (the "SPCA")
Number of acres to be rezoned:
The property to be rezoned is 5.88 acres,which is all of TM 45-86 except that portion of
TM 45-86 which is to be acquired by VDOT for the proposed Route 29 Bypass, as
described in the attached letter dated April 23, 1998 and attached Option granted April
20, 1998.
What is the Comprehensive Plan designation for this property?
Transitional.
What public need or benefit does this rezoning serve?
The SPCA and its animal shelter serve the public need and benefit by providing humane
animal sheltering services to and for the benefit of the animals and residents of the
County of Albemarle and the City of Charlottesville. The SPCA provides shelter for
more than 4,000 lost or stray cats and dogs per year.
The SPCA serves a mandatory public function by serving as the pound for both the
County of Albemarle and the City of Charlottesville. Virginia Code § 3.1-796.96
requires the governing body of each county or city to maintain or cause to be maintained
a pound in accordance with guidelines issued by the Virginia Department of Agriculture
and Consumer Services. By contract with the County of Albemarle and the City of
Charlottesville,the SPCA has served for many years as the pound for these two
jurisdictions.
VDOT will be taking the SPCA's existing animal shelter on Woodburn Road for the
proposed Route 29 Bypass and,therefore, it will be necessary for the SPCA to construct a
new animal shelter. This rezoning to C-1,together with the granting of a special use
permit for an animal shelter pursuant to Section 22.2.2(13) of the Zoning Ordinance, will
enable the SPCA to construct a new animal shelter on contiguous property already owned
by the SPCA on Berkmar Drive. Due in substantial part to the subject property's more
visible location on a more traveled throughway,the new shelter will be better able to
serve the public need and benefit. With an animal shelter with visibility and access from
Berkmar Drive,the SPCA should be able to attract more customers and thereby increase
animal adoption rates and reduce animal euthanasia rates.
Are public water, sewer, and roads available to serve this site? Will there be any impact on these
facilities?
Public water and roads are available to serve this site. The SPCA believes that public
sewer will be available through appropriate engineering and development, although
public sewer is not available on site at present.
The SPCA believes that there will be no impact on these facilities in excess of their
design-rated capacities.
The SPCA will work with staff to address appropriately any concerns about impact on
public water, sewer, and roads.
What impact will there be on the County's natural, scenic,and historic resources?
The subject property is situated between Berkmar Drive to the east and the proposed
Route 29 Bypass to the west. The adjacent parcel to the south on Berkmar Drive is zoned
C-1 and has been developed with an office building. The adjacent parcel to the north on
Berkmar Drive is zoned R-6 and remains undeveloped at present. The adjacent parcel
across Berkmar Drive is zoned C-1 and has been developed with an amusement center
known as Planet Fun.
The SPCA believes that the rezoning and construction of an animal shelter on the subject
property will have minimal impact on the County's natural and scenic resources and no
impact on the County's historic resources.
The SPCA will work with staff to address appropriately any concerns about impact on
natural and scenic resources.
OPTIONAL: Do you have plans to develop the property if the rezoning is approved? If so,
please describe:
Yes. The SPCA plans to build a new animal shelter on the property. The SPCA has
retained ACES Planning and Design("ACES")of Watsonville, California and Forest,
Virginia as the architect for the project. ACES is a worldwide leader in the design of
animal shelters. ACES has already prepared a Feasibility Study and Building Program
for the SPCA and will soon be preparing a preliminary site plan. The SPCA intends to
submit a preliminary site plan to the County as soon as possible and estimates that a
preliminary site plan will be submitted on or before the May 30, 2000 submission
deadline.
2
Preliminary plans envision a new shelter facility of approximately 11,563 square feet.
The SPCA plans to build a new shelter which is attractive and inviting to the public and
compatible in design with other nearby structures and regional architecture. The building
will be designed to serve the following functions: (1)public reception and limited sales of
pet supplies; (2) administration, including private offices; (3)public education with
classroom or meeting room; (4)animal receiving, including areas for examination and
grooming of animals; (5) animal kennels for stray and adoptable animals; (6) animal
kennels for quarantine and observation; (7)clinic for animal care,emergencies,
euthanasia, and possible spay/neuter; and(8)temporary wildlife holding. Suitable
parking and extensive landscaping will complement the shelter building.
The SPCA expects that its new shelter facility will be staffed by a minimum of sixteen
(16)full-time employees.
The SPCA is committed to developing the property in a way that will enhance the
property,the Berkmar Drive corridor, and the County of Albemarle.
Describe your request in detail including why you are requesting this particular zoning district?
The SPCA is requesting rezoning and a special use permit to enable the SPCA to
construct a new animal shelter with in-house veterinary clinic on the subject property.
An"animal shelter" is permitted by special use permit in districts RA, C-1, and HC. See
Zoning Ordinance Sections 10.2.2(47), 22.2.2(13), and 24.2.2(16), respectively.
"Veterinary services,animal hospital"is permitted by special use permit in district RA,
and"veterinary office and hospital"is permitted by special use permit in districts C-1 and
HC. See Zoning Ordinance Sections 10.2.2(18), 22.2.2(5), and 24.2.2(4),respectively.
Of the three districts in which an"animal shelter"is permitted by special use permit,
district C-1 is most appropriate for the subject property in light of the intent of C-1
districts as expressed in the Zoning Ordinance,the by-right uses permitted in district C-1,
and the actual and existing uses of the adjacent parcels and other nearby parcels on
Berkmar Drive. Actual and existing uses on Berkmar Drive include office and retail
space, including Pet Food Discounters at the intersection of Berkmar Drive and
Woodbrook Court,the amusement center known as Planet Fun, and the University of
Virginia Community Credit Union.
RA is not appropriate for this developing commercial district. HC is not appropriate
because such districts are intended to be established on major highways, not on Berkmar
Drive.
END OF ATTACHMENT
3
10_02' TMP. 45-86 9V-At�NA WATER
Try 45-b4A S44°4
EAUUCv.�.a9 CCWIST C.Cc -11..1C -,,, I 7 ! ,-r•'j IJ 1 -' 2/4?4E'(?.i9_g,9'T�T � 7'5 , �i AREAS INCLUDE EASEMENTS r•,-TRAIN PLANT7 N
_` 1-PS 47_4 P t53 r ZZ4'�Z,` • • PF RESIDUE 372,584.51 SO FT '
`+ • R-�iTC,lj y�pl ,� RIGHT-OF-WAY 7,397.17 SO FT PIIOMCT� I
1.1Co0°3'�11'�"E- 10».92' 1_- 10 1,8' O 21+••41>. 9
Iii
46.0.
Z i C)' ORIG. PARCEL 379,981.68 SQ FT �.
j. S.,i2'�i014•-(uE - S4Z'Zco'IZ"E-1,1.93!
U S7'1Z'\X"W-119.c,-I' EASEMENT AREAS . Ito
CUUSTL1CT101. 4 WATERLINE EASEMENT 6,288.54 SQ FT 4' i
O 3>32.SC� / DRAINAGE EASEMENT 3,882.50 SQ FT
der
��` ,/, ,_ , u AI�iO"Zt`49�E-9(o.2r,'- �• 20V30.91 RT 20
C- ,/ t172 21 \3 E-92.42 5T'l7'1OW-19.0'3l 4. ALBEMARLE CO.
Y 41 'CDS- 4,1�iAc•--E �b.Sl-4E�1-T •24 PINE [ci*ioiiisvi} L
3,1682.. 0 SC:1 FT -
VICINITY MAP
RES11]UE -R=5 Zj.�i
T1•'� 4�i-1YI '�c0'),3lo9.=i2 SQ F'f 1543°2.311-T"�(-43.33'— 1-=9ti.4-2' N 0 T TO SCALE
SPCA. K=5,155.5 1-- I S�i1°'.Z't3'W-2310.24'
DES t01 ? 200 1-=1Z3.22' CURVE TABLE
R1C-HT-OF -wAY NO. RADIUS DELTA LENGTH CHORD CHORD BEARING .
M ,T 4- -t,C, 7?b9Z_17 SQ FT . ,
" AU13EI-1ALIE Co SPCA c•I , c 1 5,115.50 0°24'1_4" 40 99' 4o-99' 1.144°OZ O(.o"E
De. 3\4 P \t)( V >r C . tj,7C0ri.r,O 40 20'1311 43C0.401 43(o.30' 1144.0"2425°E
la WATErcUtt E EASEM1(E1.1T 0 C'S 5,1r7r7.50 1,' 41.'V ° 3-I 1.02' 1,10-9(.' 1,14C0°44'O3"E
1t So,2t+b.54 SC1 PT i -C4 5,730.00 1° 10' Z9" 1 11_4>3' 1 17.4 4
t7' 5 .6 30r!
°Oo' "• '
t •
cr T1-1 4ri-11Z PF' PIPE FCOU1J1-.3
1'` S4ri'A-=i'4-21 E- 10.00'- STU�.R, FC JR 1'(ARC�.I�ET E
WOOL)
• . Y DPI 34C0 P 3c.7-
CC
- I LU
iv m
1
THE DEDICATION AND CONVEYANCE OF PROPERTY, RIGHT-OF-WAY AND
• 1sCo9'OZ'3l'IE-10-1 .C.ri' S�i1-sr -lriZ_(a(o' EASEMENTS AS SHOWN HEREON IS WITH THE FREE CONSENT AND IN
-LtZ27 34' SCo9'o-t'3l"W- 5(�.OZ1 �,/ ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED, OWNERS,
' S51*2Z'1-5 -50.02.1 PROPRIETORS AND TRUSTEES.- . f7 /'� O �i ' it"' .I U44 'T4 l . l
'T1�1 45-t3a (ZOlc.40' TOT�U> OWNED GYP 45-86 DATE y"
EEC-EUE A. L6,UD<=RSO>J I 1-t � �y`
DFS 11ori P 19S
FIELD PROPERTY TIES HAVE BEEN MADE ALONG THIS ROUTE TO -TM 'ui-109C
DETERMINE THE RELATIONSHIP BETWEEN PROPERTIES AND THE R10 ASSOC UTfl T1-( 4�,_109 STATE OF VIRGINIA
RIGHT-OF-WAY AND EASEMENTS NECESSARY FOR THE CONSTRUCTION T�IEFtS US 't0 A,SSOC L-TO COUNTY OF ALBEMARLE:
OF THE BERKMAR DRIVE PROJECT. IT IS ALSO THE INTENT OF 1�P� aY°)(o P 135 -TM
1 1 TRej\-Q___C-----
THIS PLAT TO CONVEY OWNERSHIP OF RESIDUAL PORTIONS OF O$99(o Pl3zi I, '�-l1�} ,A NOTARY PUBLIC
PROPERTY, CREATED BY THE CONSTRUCTION OF BERKMAR DRIVE. IN AND FOR THE COUNTY AND STAT AFpREMENTIONED�O HEREBY
THIS PLAT DOES NOT REPRESENT A PROPERTY SURVEY OF THE
p�j,.r&
�'` op
CERTIFY THAT mQ C`-1 1-4- ' L I C- `D r y0
INDIVIDUAL PARCELS AND DOES NOT ADDRESS POSSIBLE ERRORS O� ti'r , WHOSE NAME AS SUCH APPEARS IN THE FORGOIkG WRITING HAS
IN PREVIOUS SURVEYS AND DEEDS. PLAT SHOWING / G' ACKNOWLFDGED THF� AME BEFORE ME THIS I DAY OF
RIGHT-OF-WAY AND DRAINAGE EASEMENT ,��� _)''``^ , 19`'
HEREBY DEDICATED FOR PUBLIC USE, cQ THOMAS W. GU (-�
ALSO SHOWING A WATERLINE EASEMENT No. 001261 NOTARY PUBLIC a`_3 �'`� ` C
, 4tA.6a0_ , � -
ALBEMARLE COUNTY DATE HEREBY DEDICATED TO ¢ �5 9¢ 4 MY COMMISSION EXPIRES: I') - I-� Y
PLANNING COMMISSION 1? LIC R[VANNA WATER AND SEWER AUTHORITY lq �Q
t / • BEING A PORTION OF PROPERTY OF
\I��.► Lam/` t4,,, Au-e• 4, [ J9"- ALBERMARLE CO. SPCA.
ALBEMARLE. COUNTY V DATE MC
AS RECORDED IN DEED BOOK 314 PAGE 186 ,WILEY & WILSON I
BOARD OF SUPERVISORS LOCATED ON AN EXTENSION OF BERKMAR DRIVE SCALE: l" = 1C• p' ARCHITECTS ENGINEERS PLANNERS I
CHARLOTtESVILLE MAGISTERIAL DISTRICT DATE: A,?1FC11_ t5 1"`)4 'LYNCHBURG , VIRGINIA
ALBEMARLE COUNTY, VIRGINIA DRAWN 8Y: � COMM. NO. 92047.30
Rev. 02/96
5 _X
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1601-ORANGE ROAD
DAVID R. GEHR CULPEPER.22701-3819 DONALD R.ASKEW 4&M-t;
COMMISSIONER / 2,5 / 98 DISTRICT ADMINISTRATOR
Route 29
State Project 6029-002-F22, RW-202
Federal Project AC-STP-002-7(008)
Albemarle County
PPMS I.D. 16160
RIGHT OF WAY - Property of Albemarle Society for the Prevention of Cruelty
to Animals, a Virginia corporation
Parcel 086
Albemarle Society for the Prevention of
Cruelty to Animals
P. O. Box 7047
Charlottesville, Virginia 22906
Dear Property Owner:
The Virginia Department of Transportation (VDOT) is buying right of way for
this project. Your property will be affected by the proposed construction.
An appraiser has determined the fair market value of your property as
required by law. This appraiser made a thorough study of the real estate
values in your area by confirming sales that have taken place over the last
several years. Other real estate trends or activities that might affect the
value of your property were also carefully considered. (The studies and
appraisal were based on approved professional appraisal techniques. ) Based
upon ' these studies and the impact of the proposed road construction on your
property, VDOT's appraiser has established the following fair market value
for the required property:
Land and Improvements $270, 005. 00
Damages due to Reduction in Land
Value of Residues $147,252.00
Damages due to Loss of Contributing Value
of Remaining Fence, Barn and Rear Shed $ 5, 044. 00
Cost-to-Cure Damages for Replacement of
Property Pins $ 1, 800. 00
Total Offer $424,101. 00
Albemarle Society for the Prevention of
Cruelty to Animals
Page 2
Please review VDOT's option conveying this offer, the conveyance conditions,
and description of the area required. Enclosed is a copy of Plan Sheet Nos.
24 and 25 showing outlined in RED the area required in fee, in ORANGE the
areas required for temporary easements, and in BLUE the limited access. Any
buildings in the needed area have been identified by "D" numbers.
The acquisition consists of 2. 69 acres or 10, 903.5 square meters. It
includes two separate sections -- one is roughly parallel to the Woodburn
Road frontage ranging in depths from six to fourteen meters. That
acquisition is for the widening and relocation of Woodburn Road. The larger
portion of the acquisition varies in width from 70 to 80 meters in overall
width.
In addition to the acquisition there is a total temporary easement of .48
acre or 1, 934.5 square meters. This is divided into two sections. The
first is roughly parallel to the Woodburn Road acquisition and ranges in
depth from 17 to 25 meters adjacent to the proposed right of way. The second
section is a temporary sediment basin to be located on the southern property
line adjacent to the proposed acquisition. It has a maximum depth of
approximately 40 meters.
Improvements in the acquisition include all of the parking area, part of the
driveway, all of the main building area, the free-standing single-family
residence, and all of the smaller sheds.
The residue which is 6.47 acres or 26,167 square meters is also divided into
two parcels. A smaller parcel adjoining Woodburn Road has an area of .59
acre or 2,387.5 square meters. The larger residue adjoining Berkmar Drive
has an area of 5.88 acres or 23, 779.5 square meters. The smaller residue is
accessible from Woodburn Road while the larger residue is only accessible
from Berkmar Drive. The barn and largest shed remain on the larger residue.
Cross-sections are being furnished to show the proposed grade of the
improvement through your property.
If you agree with this, please sign the document and return it to me. Upon
receipt, VDOT will order a check for the specified amount and prepare a deed
for your signature. If you have any questions, please call me or write me at
the number and address indicated below.
In connection with this transaction, you may be entitled to either a refund
or reduction of your real estate taxes, depending on the circumstances at
closing. Please contact your local treasurer with any questions you might
have about this process.
Albemarle Society for the Prevention of
Cruelty to Animals
Page 3
Thank you for your consideration of our offer. Through your cooperation,
Virginia 's transportation system will remain among the nation's finest. I'll
call you within a few days to discuss your decision.
Sincerely,
E. T. Landis, Jr. '
Transportation R/W Agent Senior
Virginia Department of Transportation
1601 Orange Road
Culpeper, Virginia 22701-3819
Telephone - (540) 829-7696
Toll Free - 1-800-275-9202
ETL,jr/kly
Enclosures
cc: Mr. S. A. Waymack
C 0 PY
PREPARED BY VDOT RW-10 Corp (LA)
UNDER SUPERVISION OF THE Revised 08/97
OFFICE OF THE ATTORNEY GENERAL
Exempted from recordation taxes
and fees under Sections 58.1-811 (A) (3) ,
58.1-811 (C) (4) , 58.1-3315, 25-249, and
14 .1-125.2 (D) .
Route: 29 Project: 6029-002-F22, RW-202
County: Albemarle
Magisterial District: Charlottesville
From: 1.12 km N. of Route 29/250 Interchange
To: 0.8 km N. of Rivanna River
(This block for Department of Transportation use only.)
THIS OPTION, granted this 20th day of April, 1998, by ALBEMARLE SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, a Virginia corporation, hereinafter
referred to as "landowner" (even though more than one) , to the COMMONWEALTH
OF VIRGINIA, Department of Transportation, hereinafter referred to as
"Commonwealth" .
WITNESSETH: That for and in consideration of One Dollar ($1.00) cash in
hand paid to the landowner by the Commonwealth, receipt of which is hereby
acknowledged, the landowner does hereby grant the Commonwealth the option to
purchase the land hereinafter described, and if such option be exercised as
hereinafter provided, the landowner will convey all its rights and interests
in such land unto the Commonwealth by deed of general warranty, properly
executed, acknowledged, and delivered with usual covenants of title, free of
all encumbrances.
The land subject to this option is described as follows:
Being as shown on Sheets 24 and 25 of the plans for Route 29, State
Highway Project 6029-002-F22, RW-202, and beginning on the west (left) side
of the Woodburn Road Construction Baseline from the lands now or formerly
belonging to Alexander B. Dotson opposite approximate Station 13+68 and
ending right of said Baseline, the lands now or formerly belonging to
Frederick W. Holt and Jane L. Holt opposite approximate Station 14+14, and
containing 0 .09 acre (375 square meters) , more or less, land; also beginning
on the southeast (right) side of the Route 29 Bypass Construction Baseline
from the lands now or formerly belonging to Eugene A. Anderson and Althea M.
Anderson opposite approximate Station 231+33 to the lands now or formerly
belonging to Faulconer Construction Company, Inc. opposite approximate
Station 233+39, and containing 2 .60 acres (10, 528.5 square meters) , more or
less, land. Said areas together contain 2 .69 acres (10, 903 .5 square meters) ,
more or less, land; together with the temporary right and easement to use the
additional areas shown as being required for the proper construction of cut
and/or fill slopes, containing 0 .21 acre (847.6 square meters) , more or less.
1
Said temporary easement will terminate at such time as the construction of
the aforesaid project is completed. Also together with the temporary right
and easement to use the additional areas shown as being required for the
proper construction of temporary sediment basin as shown on the plans,
containing 0 .27 acre (1, 086.9 square meters) , more or less. Said temporary
easement will terminate upon completion of construction of said project.
Said areas together contain 0 .48 acre (1, 934.5 square meters) , more or less;
and being a part of the same land acquired by the landowner from Bernard J.
Haggerty and Dorothy P. Haggerty by Deed dated December 21, 1954, and
recorded in Deed Book 314, Page 186, and from Lillie Key Henry, widow, by
Deed dated October 16, 1989, and recorded in Deed Book 1073, Page 200, in the
Office of the Clerk of the Circuit Court of said County.
It is understood and agreed that the property owner is to have the parcel
of land to be conveyed under this instrument released from all encumbrances.
It is understood and agreed by the landowner that the property will be
vacated and all personal property removed from the buildings within or
encroaching upon the proposed right of way herein described within ninety
(90) days after notice of acceptance of this option by the Commonwealth.
An extension of the above established vacation date may be permitted by
the Commonwealth on a rental basis, provided conditions are such that an
extension of time will not cause a delay in the advertisement of the project
for construction.
It is specifically understood and agreed that when the buildings are
vacated, none of the realty is to be removed from the property.
It is understood by the landowner that building No. D-69, frame shed, is
located partially on the remaining property of the landowner. The landowner
hereby agrees by the execution of this option to allow the Commonwealth or
her agents or contractors to remove the entire building and hereby grants
permission for such temporary encroachments on his remaining property as may
be necessary for the removal of said building.
The total consideration for the conveyance provided for herein is as
follows: $424, 101.00 for land, temporary construction easement, temporary
drainage easement, limited access rights, D-65 (frame dwelling) , D-66
(masonry office building) , D-67 (frame shed) , D-68 (frame shed) , D-69 (frame
shed) , D-103 (frame shed) , fence, pavement, incinerator, and all
appurtenances thereon, which includes damages due to reduction in land value
of the residues, damages due to loss of contributing value of remaining
fence, barn and rear shed, and cost-to-cure damages to replace property pins.
AND FURTHER WITNESSETH: THAT WHEREAS, all or part of this highway has
been designated as a Limited Access Highway in accordance with the provisions
of Article 4, Chapter 1, Title 33 .1, of the 1950 Code of Virginia, as
amended;
NOW, THEREFORE, for the aforesaid considerations the landowner also
agrees to grant and convey unto the Commonwealth with general warranty any
and all easements of access, light or air, incident to the lands of the
landowner abutting upon the Limited Access Highway, and/or upon any of its
ramps, loops, or connections at and with intersecting highways, the line or
lines along which the easements to be conveyed lie being described as
follows:
2
.
From a point on the northwest proposed right of way and limited access
line opposite approximate Station 231+51 (Route 29 Bypass Construction
Baseline) , the lands of Alexander B. Dotson, thence along said northwest
proposed right of way and limited access line to a point opposite approximate
Station 232+33, the lands of Frederick W. Holt and Jane L. Holt; as indicated
in BLUE on the aforesaid plans.
From a point on the southeast proposed right of way and limited access
line opposite approximate Station 231+57 (Route 29 Bypass Construction
Baseline) , the lands of Eugene A. Anderson and Althea M. Anderson, thence
along said southeast proposed right of way and limited access line to a point
opposite approximate Station 233+39, the lands of Faulconer Construction
Company, Inc. ; as indicated in BLUE on the aforesaid plans.
It is understood and agreed that the risk of loss or damage by fire, wind
storm or any other cause to the structure or structures, if any, hereunder
optioned and situated in whole or in part upon the hereinabove described land
will remain with the landowner until final settlement is made.
The landowner by the execution of this instrument acknowledges that the
plans for this project as they affect its property have been fully explained
to its authorized representative.
There have been no other promises, consideration or representations made
which are not set forth in this instrument.
The consideration mentioned above represents the value of all estates or
interests in such land, and the damages to remaining lands of the landowner
which may result by reason of the use to which the Commonwealth will put the
land to be conveyed. The landowner agrees to accept its legally
proportionate share to such total consideration for its interest and rights
in the land.
In the event the landowner is unable to convey marketable title to the
Commonwealth as herein provided, and the Commonwealth should elect to
institute condemnation proceedings for the purpose of acquiring title to such
land, it is agreed by the landowner that this instrument may be introduced in
such proceedings as evidence of the value of the land and damages, if any, to
the remaining property of the landowner.
This option may be exercised by the Commonwealth at any time within one
year from the date hereof, or any further extensions as may be agreed upon in
writing by the parties. The option shall be exercised by any one of the
following methods:
(1) By the mailing of notice to the landowner, such notice to be by
certified letter mailed to the last known place of abode of the landowner,
and effective as of the time of posting of such letter;
(2) By demanding a deed from the landowner by a duly authorized agent of
the Commonwealth Transportation Commissioner, such demand to be made either
by the posting of a letter as provided in (1) , or by oral demand, the latter
method to be effective as of the time of actual receipt by the landowner;
3
(3) By the entry of the officers, agents, or employees of the
Commonwealth Transportation Commissioner upon the lands to be conveyed, for
the purpose of commencing construction or improvement of the highway or other
project for which the land is to be utilized.
The landowner hereby covenants and agrees for itself, its successors and
assigns and that the consideration herein mentioned shall be in lieu of any
and all claims to compensation and damages by reason of the location,
construction and maintenance of the highway or other project by the
Commonwealth, including such drainage facilities as may be necessary, and
that the Commonwealth shall have the right to enter upon and take possession
of the land prior to the execution and delivery of the deed which is to be
executed in the event this option is exercised.
WITNESS the following signature and seal:
ALBEMARLE SOCIETY FOR THE PREVENTION
OF CRUELTY TO ANIMALS
By: (SEAL)
Title:
S.S.N. or F.I.N.
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 19 by
(Name of Officer or Agent)
of Albemarle Society for the Prevention
(Title of Officer or Agent)
of Cruelty to Animals, a Virginia corporation, on behalf of the corporation.
My Commission expires
Notary Public
4
•
BOARD AUTHORIZATION
We,the undersigned members of the Board of Directors of the Albemarle Society for the
Prevention of Cruelty to Animals,Inc. (the"SPCA"), constituting a majority of the Board of
Directors, authorize Daniel J. Meador, Jr., President of the Board of Directors,to sign and submit
an Application for Zoning Map Amendment, Application for Special Use Permit, and Site
Development Plan to the County of Albemarle Department of Building Code and Zoning
Services, for the purpose of obtaining appropriate rezoning and approvals to construct an animal
shelter on property owned by the SPCA and known as Tax Map 45, Parcel 86.
Signed April 11, 2000, at the regular meeting of the Board of Directors.
Thomas F. Bergin Daniel J. Meador, Jr.
(-13Libtaite-A
Martin B. Betts Barbara R. McGill
‘VizatiA 7-P44
//;7L..,
Sevin Cetta William L. McGi1
i6LiA.Lak, -&tie/GU-47
Danielle Devereux Timothy Mullen
(zimci/
Sanfo . Feldm Eliza onnell
Carol e Richard D. Roberts
•
r r
Davi . Kalergis Colin Rolph
Harr Lewis Prewi pps
Eldridge D. Martin Bever agard