HomeMy WebLinkAboutACE200800009 Application 2009-07-06Application Form
for the Acquisition of Conservation Easements (ACE)
Albemarle County, Virginia
(please type or print in dark ink)
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1. Owner /Contact Person: A -,r,J
2. Mailing Address: / 906 /J 4U V-e,c CIU k /7)/n.l e ,f
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Phone Number: �� 3 �' _ 1'",!, 3
3. Tax Map & Parcel Number: U 3 9 00 "00 -UD - 0 a- -)OGG (can be more than one).
0 4000 -00 -06 - ai) AO
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Other Owners of Record:
Name:
Name:
Name:
Address:
Address:
Address:
5. Entity Owning Property (sole owner, partnership, corporation, limited liability company etc.):
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6. Property Location (state road, town):
R.c � d ''r� C M /n-� 2yj
7. Principle uses of property (grazing, timber harvesting, crops, livestock, recreation etc.):
r, 2 0 -2 1�)64 11 e-d f 0-4 hOU Le
8. Do you own other land in Albemarle County? V�_L Is it contiguous to this parcel?
9. Is property in an existing "Ag- Forestal" district? q13 (yes /no)
10. Do you have a Forest Stewardship Management Plan? Date of Plan
Soil Conservation and Water Quality Plan? /uG Date of Plan
11. Is the parcel(s) of land identified on this application form threatened with a "forced sale" (see
definition below). yes NO no. If yes, complete "Questionnaire" at end of this application.
12. Is the parcel of land identified on this application form threatened with other "hardship" (see
definition below). yes /NO no. If yes, complete "Questionnaire" at end of this application.
13. The parcel of land identified on this application form is a "working family farm, including forestry,
and at least one family member's principal occupation and income (more than half) is farming or
harvesting timber from the parcel ". yes NO no or "at least one family member produces farm
products derived from the parcel ". yes N0 no. If yes to either question, complete
"Questionnaire" at end of this application.
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14. List all Deeds of Trust, mortgages and liens against property (by date, parties involved and deed book
reference & page number):
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15. Is the property subject to any other pending liens, judgments, zoning violations or court proceedings?
If yes, describe (by date, parties involved, legal reference or case number):
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16. If you wish to include additional restrictions in the Deed of Easement (beyond those described in the
sample), please describe and enumerate them:
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In addition, please provide the following information with this application:
a) tax returns, for all owners of record, for each of the past three (3) tax years so as to verify
adjusted gross income. All income and tax information will remain confidential.
b) a completed "Request for the Determination of Parcel of Record/Division Rights ".
Definitions Contained in Questionnaire
"Forced sale" means the sale of a parcel with unused development rights in a manner prescribed by law
conducted under a judgment, order or court supervision, other than a sale arising from a partition action; a
sale resulting from the foreclosure under the laws of the Commonwealth of Virginia; or a sale that is not
the voluntary act of the owner but is compelled in order to satisfy a debt evidenced by mortgage,
judgment or tax lien.
"Hardship" means an economic hardship, other than a circumstance causing a forced sale, experienced
by the landowner of the parcel compelling him to place a parcel with unused development rights for sale
or to use such development rights.
UWe hereby make application to the County of Albemarle for the sale of development rights on the tax
parcel(s) identified above on this application form pursuant to Albemarle County Ordinance No. 00-
A.1(1), the Acquisition of Conservation Easements. UWe understand and acknowledge that Uwe incur no
obligation by completing this application, and that the County of Albemarle incurs no obligation by its
acceptance of this application. Me hereby certify that, to the best of our knowledge, the information
contained in this application and attached materials is true and correct. Me agree grant permission to the
ACE Program Administrator or his designee to enter the property, after reasonable notice to the owner,
for the purposes of evaluating the parcel(s) and verifying required information on the application form
and the independent appraiser who must appraise the property to determine the value of the development
rights.
ALL OWNERS OF RECORD MUST SIGN AND DATE THIS APPLICATION.
Signature
Print Name
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Signature
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Print Name
Signature
Print Name
Date
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Date
Date
Disclaimer: This Application Form is not a legally binding agreement between the Applicant(s)
and the County of Albemarle. It is strictly for informational purposes in processing the
application.
August 8, 2004
The property known as Beaver Creek Mountain has a rich and full
history in the town of Crozet, Virginia. At one time it was a full, working
orchard with apple, peach, plum and cherry trees,some of which are still
producing fruit today. It has been rumored that moonshine came off the
mountain and was transported all the way to Richmond. Boxers lived up
here, away from the evils of city life and trained by running up and down
the mountain. It is also rumored to have been a house of ill repute called
the "Owls Nest."
The Rushia family has been part of that history since 1971. Dr. Edwin
Rushia and Dr. MaryAnna Rushia purchased the property from Adam
Sandridge who, as his father before him, had grown apples and raised
livestock. The Rushias had the idea of using it as a weekend getaway
place for the family. It was quite overgrown and filled with rickety sheds,
old cars, old trucks, and lots of junk. They spent many days cleaning and
hauling trash. They put cows on the property to keep the
grasses and weeds from overtaking everything. They built a haybarn
which can be seen on your way into Crozet on 250. If you climb to the top
of Beaver Creek Mountain (elevation 1380 ft) you have a view that is
spectacular in three directions!.
My husband and I purchased the property from his parents in 1986
and added the "lower house" and 3 acres in 1988 when Eds sister and
brother -in -law were transferred. We rent out the lower house and have
been renovating our house since 1986. It is a project that never ends. Our
house at one time served as an apple packing shed for the orchard and
migrant workers were housed on the second floor. We planted pine trees
from the forestry department to help with the erosion. Its hard to believe
that some of those trees are 20 years old now. We still have cattle on the
property that help keep the grass down.
When you visit the property, you are struck by the beauty of the view
that you can see from our front window and from many places on the
mountain. Our property serves as home for many different kinds of
wildlife and on any given day, you might see deer, fox, rabbits, possum,
skunks, raccoon, bobcats and bear. Many speices of birds, butterflies,frogs
and toads also call this mountain home. As the wooded property in
Crozet is rapidly being eaten up by developers and new housing
diminishes the habitat available to all of this wildlife, we view our property
as a refuge. My husband and I see ourselves really as only caretakers for
this piece of land. We hope through the ACE program to be able to
preserve this property forever. Thanks for your consideration.
Chn tin Fleckl s
c�t, f�•
Edwin Rushia
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Application for `
the Acquisition of Conservation Easements (ACE)
Contact Person (Who should we calUwrite concerning /this project ?): C k% +) 5 T +,I � F/ e 6k I e- -I ,r- R J S A, ,J
Address / S DU 3e-a,yer e- wk MI ,) Rd city C 20.2e* State V A Zip
Daytime Phone 3 -3X3'LY6it -/ Far # L G�c.tiGr k lC,0o &e")2bmz
Owner of Record
Address /So(i B G� v G r Gc,tGk UMa� / city C P_4 z e f State V19
Daytime Phone(T3)���°�3 -`i6f / Fax #�) ekt�2Gk �40U �ern bA
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Tax map and parcel(,): TM -It D 35 0U — U a - 00 " 027 U U b/ F6,7
Physical Street Address (if assigned): /� ()() U� rG ti.l,Lk n/ aril e f_4nnZ 6, y /lA
Location of property (landmarks, intersections, or other): Ili' 13 UGI< l� f S * C7Go?1�{ /Y (f. To ^ `(A Lt/ G, /L A Ue l
ONt �pti�L� �_2 6l Cor`►�� v✓u f o
Principle uses of property (grazing, timber harvesting, crops, livestock, recreation etc.): k'_iL Z )N r- d r `S h/. G1� OL
A #kr
Other Owners of Record:
Name:
Address:
Name:
Address:
Name:
Address:
Name:
Address:
1. Do you own other land in Albemarle County? YES ❑ NO Is it contiguous to this parcel? [YES ❑ NO
2. Is property in an existing "Agricultural - Forestal" district? ❑ YES 'NO
3. Do you have a Forest Stewardship Management Plan? ❑ YES M--NO If YES, provide date of plan
4. Do you have a Soil Conservation and Water Quality Plan? ❑ YES EJ NO If YES, provide date of plan
5. When the property is placed under easement, it will be subject to the following development restrictions based on
parcel size: If a parcel is less than 100 acres, it shall not be divided. If a parcel is between 100 and 200 acres, it may
be divided once into two parcels, however, one of the residual parcels must be >100 acres. For parcels greater than
200 acres, it may be divided twice (into 3 parcels) provided 2 lots average > 100 acres, leaving one additional lot for
the balance of land under 100 acres (Example: a 345 acre tract could be divided into four lots: 3 of >100 acres each
and the last for any balance of land leftover less than 100 acres). The other option is the "no subdivision" option
where the entire tract will remain as a single, indivisible tract.
Based on the above description, how many separ parcels do you wish to retain for the property? ( #) or;
would you prefer a "no subdivision' clause? []DYES ❑ NO. /e 5_r ') / u a AC A_ej
County of Albemarle Department of Community Development
401 McIntire Road Charlottesville, VA 22902 Voice: (434) 296 -5832 Fax: (434) 972 -4126
6/7/07 Page 1 of 3
6. When the property is placed under easement, it will be subject to the following restrictions on the "Number and Type
of Allowed Structures ": The maximum number and types of structures may be built or maintained on each 100 acre
parcel of the Property: (a) one principal single - family residential dwelling unit; (b) up to two (2) secondary residential
dwelling units commonly and appropriately incidental thereto, not exceeding two thousand (2,000) square feet of
living space each. There is no limit on: (c) the number of structures such as outbuildings, swimming pools, decking
detached from the single - family dwelling units, gazebos, garages, and tool sheds; or (d) the number of farm buildings
or structures. (Note: On parcels less than 100 acres, the number of allowed residential dwellings (principle and
secondary) will be affected by the actual size of the parcel.
Based on the above description, how many primary residential structures would yoo want the right to build or
maintain on the property? How many secondary residential structures?
7. Is the parcel ) of land identified on this application form threatened with a "forced sale" (see definition below)
❑ YES M NO If YES, explain below.
S. Is the parcel of land identified on this application form threatened with other economic "hardship" (see definition
below)
❑ YES VNO If YES, explain below
9. The parcel of land identified on this application form is either: "a working family farm, including forestry: where at
least one fa y member's principal occupation and income (more than half) is farming or foresting the parcel ".
El YES fa
OR where one family member has as a secondary occupation working the farm sufficient to qualify for the land use
tax program >$1,000 /year)
❑ YES NO If YES, explain below
10. List all Deeds of Trust, mortgages and liens against property (by date, parties involved and deed book reference &
page number): A)
11. Is the prope <,Sol bject to any other pending liens, judgments, zoning violations or court proceedings?
❑ YES If YES, explain below (by date, parties involved, legal reference or case number):
610707 Page 2 of 3
12. If you wish to include additional restrictions in the Deed of Easement (beyond those described in the sample), please
describe and enumerate them:
13. In addition, please provide the following information with this application:
❑ Tax returns, for all owners of record, for each of the past three (3) tax years so as to verify adjusted gross income.
All income and tax information will remain confidential.
❑ A completed "Application for Parcel of Record Determination and or Development Rights Determination ".
Definitions Contained in Application
"Forced sale" means the sale of a parcel with unused development rights in a manner prescribed by law conducted under ajudgment,
order or court supervision, other than a sale arising from a partition action, a sale resulting from the foreclosure under the laws of the
Commonwealth of Virginia; or a sale that is not the voluntary act of the owner but is compelled in order to satisfy a debt evidenced by
mortgage, judgment or tax lien.
"Hardship" means an economic hardship, other than a circumstance causing a forced sale, experienced by the landowner of the parcel
compelling him to place a parcel with unused development rights for sale or to use such development rights.
Owner /Applicant Must Read and Sign
I/We hereby make application to the County of Albemarle for the sale of development rights on the tax parcel(s) identified above on
this application form pursuant to Albemarle County Ordinance No. 00- A.1(1), the Acquisition of Conservation Easements. I/We
understand and acknowledge that Uwe incur no obligation by completing this application, and that the County of Albemarle incurs no
obligation by its acceptance of this application. UWe hereby certify that, to the best of our knowledge, the information contained in
this application and attached materials are true and correct. I/We agree grant permission to the ACE Program Administrator or his
designee to enter the property, after reasonable notice to the owner, for the purposes of evaluating the parcel(s) and verifying required
information on the application form and the independent appraiser who must appraise the property to determine the value of the
development rights.
ALL OWNERS OF RECORD MUST SIGN AND DATE THIS APPLICATION.
Signature of Owner
t4- / /- ,.y /77ec e lei
Print Name
e `
rf1tx+— �� t� r.
Signature of Owner , {
Print Name
Signature of Owner
Print Name
Date
T 4, /-) z
Date
Date
6/07/07 Page 3 of 3