HomeMy WebLinkAbout10-07 ApplicationThis report is prepared by the Frederick County Planning Staffto provide information to the Board
of Zoning Appeals to assist them in making a decision on this request. It may also he useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
July 17, 2007 Action Tabled, Undetermined House Location
August 21, 2007 Action Pending
LOCATION: Lone Oak Subdivision, Lot 38, Block A, on the southern side of Virginia Drive
(Route 710)
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86B- 4 -A -38
PROPERTY ZONING USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
East: RA (Rural Areas)
West: RA (Rural Areas)
VARIANCE APPLICATION #10 -07
JEFFERY NEFF
Staff Report for the Board of Zoning Appeals
Prepared: August 3, 2007
Staff Contact: Lauren E. Krempa, Planning Technician
Use: Residential
Use: Residential
Use: Residential
Use: Residential
VARIANCE REQUESTED: The applicant is requesting a 19 foot side yard variance on both sides,
which would result in a 31 foot side yard setback on both sides. for the construction of a 52x32
single family dwelling. This is an increased request from the July 17, 2007 meeting where the
applicant originally applied for a 35 foot reduced setback on both sides.
Variance #10 -07, Jeffery Neff
August 3, 2007
Page 2
REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on
the property.
STAFF COMMENTS:
Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this
property was zoned A -2 (Agricultural General) in 1967. The property setback lines at the adoption of
the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County
amended its Ordinance in 1989 to change the A -2 zoning districts to the current RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA
Zoning District on February 28, 2007 making the current setbacks for the property: 60 feet to the
front, 100 feet to the rear. and 50 feet to both sides.
With the current setbacks, this property does have a buildable area of 25 feet by 85 feet which would
allow for a house to be built on the property. The applicant has amended the originally requested
reduced setbacks in order to now build a 1,710 square foot house (slightly larger than the originally
requested dwelling on the original application).
The proposed dwelling could be reoriented on the property and reduced slightly in size in order to
meet the requirements of the current RA setbacks or to reduce the needed variance. Staff feels that
if a variance request is necessary due to the narrow buildable area provided by the current setbacks,
the request should keep in character with the current neighborhood. Staff would note that while
several of the homes in this neighborhood are located closer to the side property lines, the majority of
the homes are small, one story structures typically around 1,200 square feet and it would be in
keeping with the character of the existing development for this applicant to construct a similar
dwelling. Therefore, this variance, as requested, may not meet the requirements for a variance under
the Code of Virginia.
STAFF CONCLUSIONS FOR THE AUGUST 21, 2007 MEETING:
The Code of Virginia 15.2 -2209 (2), states that no variance shall be granted unless the application
can meet the following requirements:
1) The strict application of the Ordinance will produce an undue hardship.
2) The hardship is not generally shared by the properties in the same zoning district and
vicinity.
3) That the authorization of such variance will not be a substantial detriment to the adjacent
property and the character of the district will not be changed by the variance.
Variance #10 -07, Jeffery Neff
August 3, 2007
Page 3
Staff would assert that a primary residential structure, of a comparable size to those existing in the
development, could be built on the property with application of the current RA setbacks and,
therefore, would recommend denial of this variance application based upon the above requirements
of the Code of Virginia.
19 5A
AMES R NANCY G
86 A 230A
JEFFERY M JOSEPH F
Map Document: (N:1Planning_And_Developmentl 1_ Locator_ MpsWefferyNeffVAR1007_062707.mxd) 6/27/2007 1:25:15 PM
Frederick County, VA
Location in the Gounty
Map Features
0 Hamlets
Application
LT Airport
ffi Lakes /Ponds
Streams
Streets
Primary
Secondary
Terciary
Winchester Rds
Urban Development Area
SWSA
Variance
VAR# 10 -07
Application
Location in Surrounding Area
0 255o O`t
F�cBf
Case Planner: Lauren
Jeffery Neff
Parcel ID:
86B 4 A 38
1
Jeffery
Location in the County
Map Features
O Hamlets
CI Application
Airport
D Lakes/Ponds
Streams
Streets
Primary
''te. Secondary
Terciary
Winchester Rds
Urban Development Area
SWSA
Map Document: (N:1 Planning_ And_ Development\ _1_Locator_Mps\JefferyNeff_VAR1007 062707.mxd) 6/27/2007 1:25:15 PM
Frederick County, VA
o 25 50 100
eel
Case Planner: Lauren
Variance
VAR# 10 -07
Application
Jeffery Neff
Parcel ID:
86B 4 A 38
0
Lone OTC
0
Canterbury
Location in Surrounding Area
FREDERICK COUNTY VIRGINIA
P
4 4
i -7
1
--------7/
II,
II'S
,r,'N.,,
A
y ,r''
e .2.■
efslk, f'' f' y I
i t
1: Al .st ‘i ."-i \A
V, 4 k. t "'t- 0
/N-7
r'''
A
l'';''
letot/
„..7'\
''s„ ,..-4.,
7
.7,, .J,:,
\i 7
4 1
A
't,,
7
Ae ;-.-6
/1' •Ift
j'
1
I
t ±..4 i p
N,..
',AA,
7N 4
8,3
C .4 s.
I
p
A
v•
A t......::1
..f i.
f l e ,:.i
Frederick County Dept. of GIS
Parcel Mapping Service
For questions please contact the Frederick County Dept. of
GIS at 540-665-5614
DRAFT
FREDERICK COUNTY, VIRGINIA
Frederick County Dept. of GIS
Parcel Mapping Service
For questions please contact the Frederick County Dept. of
GIS at 540-665-5614
DRAFT
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
OFFICE USE ONLY-
Submittal Deadline:
For the meeting of gA go 7
Variance Application No. e or)
Submittal Date:
Fee Paid:
initials:
Sign Deposit
vi sedl A II t elti oh
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner X other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Jeffery A. Neff NAME:
ADDRESS 6095 Valley Pike ADDRESS:
Stephens City, VA 22655
TELEPHONE: (540)869 -1010
TELEPHONE:
P TIn: j
The property is located at (give exact directions and include State Route numbers):
Lot 38 is located in Block A, Section Four of Lone Oak Subdivision on the
southern side of Va. Sec. Route 710 (Virginia Drive) approximately
530 feet northeast of the intersection of Virginia Drive and Va. Sec.
Route 641 (Double Church Road).
The property has a road frontage of 125 feet and a depth of 250 feet
and consists of 0.72 acres (please be exact).
6. Magisterial District: Opequon
5. The property is owned by Jeffery A. Neff as evidenced
by deed from Mildred S. Neff recorded (previous owner) in diB3B1(
Instrument no. 050022086 oncpattinc of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
7. Property Identification No.: 86B- 4 -A -38
8. The existing zoning of the property is: RA
9. The existing use of the property is: Residential
10. Adjoining Property:
USE ZONING
North Residential RA
East Residential RA
South Residential RA
West Residential RA
Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two -car garage.")
A 20' reduction of left and right side yard setbacks from 50' to 30'
to allow construction of a 1,710 square foot, one -story dwelling
12. List specific reason(s) why the variance is being sought in terms of:
exceptional narrowness, shallowness, size or shape of property, or
exceptional topographic conditions or other extraordinary situation or condition of
property, or
the use or development of property immediately adjacent thereto
Current zoning setbacks (60' from road right of way, 50' from
side and 100' from rear) yield a very small unsuitable building
site that is not in keeping with the adjacent residential dwellings
in this subdivision.
7
13. Additional continents, if any: Dwelling on adjoining Lot 37 lies 32.8'
from the east property line and 25.8' from the west property line
14. The following names and addresses are all of the individuals
firms, or corporations owning property adjacent to the
property for which the variance is being sought, including
properties at the sides, rear and in front of (across street
from) the subject property. (Use additional pages if
necessary.) These people will be notified by mail of this
application:
NAME
Dennis R. Mary Jo
Whitacre
Fred A. Phyllis L. Wilson
Charles E. III Carolyn G.
Newton
Lisa Frances Lacivita
Charles E. III Carolyn G.
Newton
E. R. Neff Excavating, Inc.
Address 109 Virginia Dr., Stephens City, VA 22655
Property ID 86B- 4 -B -28
Address 107 Virginia Drive, Stephens City, VA 226x5
Property ID
Address 801 Wage Dr., SW, Leesburg, VA 20175
Property ID 86B- 4 -B -30
Address 110 Virginia Dr., Stephens City, VA 22655
Property ID 86B- 4 -A -37
Address 801 Wage Dr., SW, Leesburg, VA 20175
Property ID 86B- 4 -A -39
Address P.O. Box 1027, Stephens City, VA 22655
Property ID 86 -A -229
Address
Property ID
LOT 59
N 5525'10" E
PROPOSED
SETBA0K5
(VARIANCE 600"
REQUEST)
EXIST/NC
SETBACKS
30.0'
31.0'
100.0' 1010'
VA. SEC. ROUTE 710
(VIRGINIA DRIVE)
60' R/W
12500'
933'
PROP. GAR.
5 552570" W 125.00'
30.0'
31.0'
PROPOSED
DWELLING
1 1,710 SF
/0T38
31,250 50. FT
32.8'
6 5'
ti
VARIANCE REQUEST
(SIDE YARD SETBACK REDUCTION)
PROPERTY OF
JEFFERY A. NEFF
LONE OAK SUBDIVISION LOT 38 BLOCK A SEC770N FOUR
OPEOUON MAGISTERIAL DISTRICT, FREDERICK COUNTY" VIRGINIA
EXISTING
DWELLING
LOT 37
DRAWN BY: JTG I DWG NAME: ID7962 —BZA I SHEET 1 OF 1
Marsh Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601
PHONE (540) 667 -0468 FAX (540) 667 -0469
EMAIL office6lnoishondlegge.com
54.7'
159.2'
258'
GRAPHIC SCALE
50' 0'
SCALE 1 50'
50'
LOT 36
DATE: 08/01/2007
SCALE: 1" 50'
(Number to be assigned by the Planning Dept)
I (we), the undersigned, do hereby respectfully make application, and petition the Frederick
County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick
County Zoning Ordinance as described herein. I agree to comply with any conditions for the
variance required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the property
for site inspection purposes.
I understand that the sign issued to me when this application is submitted must be placed at
the front property line at least seven (7) days prior to the BZA public hearing and maintained
so as to be visible from the road or right -of -way until the hearing.
I hereby certify that all of the statements and information contained herein are, to the best of
my knowledge, true.
SIGNATURE OF APPLICANT
DATE ec IS en
SIGNATURE OF OWNER DATE
(if other than applicant)
BZA PUBLIC HEARING OF
APPROVAL
DENIAL
AGREEMENT
VARIANCE lD 7
OFFICE USE ONLY-
SIGN
DATE:
10
ACTION: Wife Ey ,t/PuCrtnr
BZ CHAIRMAN
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Fee Paid:
Sign Deposit
o.
0,
initials:
OFFICE USE ONLY-
Submittal Deadline: 6
For the meeting of
Variance Application
Submittal Date:
MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT
1. The applicant is the owner g other (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Jeffery A. Neff NAME:
ADDRESS 6095 Valley Pike ADDRESS:
Stephens City, VA 22655
TELEPHONE: (540)869 -1010
TELEPHONE:
The property is located at (give exact directions and include State Route numbers):
Lot 38 is located in Block A, Section Four of Lone Oak Subdivision on the
southern side of Va. Sec. Route 710 (Virginia Drive) approximately
530 feet northeast of the intersection of Virginia Drive and Va. Sec.
Route 641 (Double Church Road).
The property has a road frontage of 125 feet and a depth of 50
and consists of 0.72 acres (please be exact).
6
feet
5. The property is owned by Jeffery A. Neff as evidenced
by deed from Mildred S. Neff recorded (previous owner) in 3i14k
Instrument no. 050022086 otnagra of the deed books of the Clerk of the Court for
Frederick County. Please attach a copy of the recorded deed.
6. Magisterial District: Opequon
7. Property Identification No.: 86B- 4 -A -38
8. The existing zoning of the property is: RA
9. The existing use of the property is: Residential
10. Adjoining Property:
USE ZONING
North Residential RA
East Residential RA
South Residential RA
West Residential RA
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two -car garage.
A15' reduction of left and right side yard setbacks from 50' to 35'
to allow construction of a 52' x 32' dwelling
12. List specific reason(s) why the variance is being sought in terms of
exceptional narrowness, shallowness, size or shape of property, or
exceptional topographic conditions or other extraordinary situation or condition of
property, or
the use or development of property immediately adjacent thereto
Current zoning setbacks (60' from road right of way, 50' from
side and 100' from rear) yield a very small unsuitable building
site that is not in keeping with the adjacent residential dwellings
in this subdivision.
s
7
Dennis R. Mary Jo
Whitacre
Address 109 Virginia Dr., Stephens City, VA 22655
PropertylD 86B- 4 -B -28
Fred A. Phyllis L. Wilson
Address 107 Virginia Drive, Stephens City, VA 226
Property ID
Charles E. III Carolyn G.
Newton
Address 801 Wage Dr., SW, Leesburg, VA 20175
PropertylD 86B- 4 -B -30
Lisa Frances Lacivita
Address 110 Virginia Dr., Stephens City, VA 22655
Property ID 86B- 4 -A -37
Charles E. III Carolyn G.
Newton
Address 801 Wage Dr., SW, Leesburg, VA 20175
Property ID 86B- 4 -A -39
E. R. Neff Excavating, Inc.
Address P.O. Box 1027, Stephens City, VA 22655
Property lD 86 -A -229
Address
Property ID
13. Additional comments, if any: Dwelling on adjoining Lot
NAME
37 lies 32.8'
from the east property line and 25.8' from the west
property line
14. The following names and addresses are all of the individuals,
firms, or corporations owning property adjacent to the
property for which the variance is being sought, including
properties at the sides, rear and in front of (across street
from) the subject property. (Use additional pages if
necessary.) These people will be notified by mail of this
application:
5
1
15. Provide a sketch of the property (you may use this page or attach engineer's drawing).
Show proposed and /or existing structures on the property, including measurements to
all property lines and to the nearest structure(s) on adjoining properties. Please
include any other exhibits, drawings or photographs with this application.
9
LOT 39
50.0'
N 5525'10" E 12500'
LOT ,38
31,250 SO. FT
60 0'
EXISING
SETBACKS
10
S 552570" W 125.00'
VA. SEC. ROUTE 710
VIRGINIA DRIVE)
60' R/W
50.0'
32.8'
EXISTING
DWELLING
LOT 37
EXISTING SITE CONDITIONS
PROPERTY OF
✓EFFERY A. NEFF
LONE OAK SUBDIVISION LOT 38 BLOCK A SECTION FOUR
OPEQUON MAGISTERIAL DISTRICT" FREDERICK COUNTY" VIRGINIA
DRAWN BY: JTG I DWG NAME: ID7962 —BZA I SHEET 1 OF 1
Marsh Legge Land Surveyors, P.L.C.
560 NORTH 100001IN STREET WLNCHESTE VIRGINIA 22601
PHONE (540) 667 -0468 FAX (540) 667 -0469
EMAIL office6lnorshondlegge.com
54 7'
159.2'
258"
T
GRAPHIC SCALE
50' 0'
SCALE 1" 50'
wravaise
LOT36
50'
DATE: 08/01 /2007
SCALE: 1" 50'
LOT 59
50.0'
EXISTING
SETBACKS
LOT 38
60.0'
100.0'
VA. SEC. ROUTE 710
VIRGINIA DRIVE)
60' R/W
50.0'
32.8'
EXISTING
DWELLING
LOT 37
EXISTING SITE CONDITIONS
PROPERTY OF
✓EFFERY A. NEFF
LONE OAK SUBDI4SION LOT 38 BLOCK A SECTION FOUR
OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA
DRAWN BY: JTG I DWG NAME: ID7962 —BZA I SHEET 1 OF 1
54. 7'
Marsh Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET WINCHESTER, NRGINIA 22601
PHONE (540) 667 -0466 FAX (540) 667 -0469
EMAIL officetnorshondlegge.corn
159.2'
25.8'
GRAPHIC SCALE
50' 0'
SCALE 1" 50'
LOT 36
50'
DATE: 06/21/2007
SCALE: 1" 50'
LOT 39
PROPOSED
SETBACKS
(VARIANCE
REQUEST)
35.0'
36.5'
1010 100.0'
60.0'
VA. SEC. ROUTE 770
VIRGINIA DRIVE)
60' R/W
1170'
EXISTING
35.0'
SETBACKSI
56.5'
PROPOSED
52'A/32'
DWELLING
LOT38
32.8'
VARIANCE REQUEST
SIDE YARD SETBACK REDUCTION)
PROPERTY OF
✓EFFERY A. NEFF
LONE OAK SUBDIWSION LOT 38 BLOCK A SECTION FOUR
OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA
EXISTING
DWELLING
LOT 37
54. 7'
DRAWN BY: JTG I DWG NAME: ID7962 —BZA I SHEET 1 OF 1
Marsh Legge Land Surveyors, P.L.C.
560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA 22601
PHONE (540) 667 -0468 FAX (540) 667 -0469
EMAIL officeb)norshondlegge.com
159.2'
25.8'
GRAPHIC SCALE
50' 0'
SCALE 1" 50'
LOT 36
50'
DATE: 06/21/2007
SCALE: 1" 50'
July 19, 2007
Duane Brown
Marsh Legge
560 N. Loudoun St.
Winchester, VA 22601
RE: VARIANCE REQUEST #10 -07 FOR JEFFERY NEFF
Dear Mr. Brown:
The above referenced application was tabled by the Board of Zoning Appeals at their meeting on
July 17, 2007. It is the policy of the Board of Zoning Appeals to have a house survey included
with the application in order for the Board to render a decision. The request on parcel bearing
Property Identification Number 86B- 4 -A -38 is for a 15 foot side yard variance on both sides,
resulting in a 35 foot side yard setback on both sides for the construction of a single family
dwelling. This request has been scheduled for the August 21, 2007 Board of Zoning Appeals
meeting.
If you have any questions regarding this action, please feel free to call this office.
Zoning and Subdivision Administrator
MRC/bhd
cc: Jeffery Neff, 6095 Valley Pike; Stephens City, VA 22655
Department of Planning and Development
540/665 -5651
FAX: 540/665-6395
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
CO bf FRED RICK
VARIANCE APPLICATION 1110 -07
JEFFERY NEFF
Staff Report for the Board of Zoning Appeals
Prepared: July 6, 2007
Staff Contact: Lauren E. Krempa, Planning Technician
This report is prepared by the Frederick County Planning Staff to provide information lo the Board
of Zoning Appeals to assist them in making a decision on this request. It may also be useful to
others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
July 17, 2007 Action Pending
LOCATION: Lone Oak Subdivision, Lot 38, Block A, on the southern side of Virginia Drive
(Route 710)
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 86B- 4 -A -38
PROPERTY ZONING USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING USE:
North: RA (Rural Areas) Use: Residential
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Residential
West: RA (Rural Areas) Use: Residential
VARIANCE REQUESTED: The applicant is requesting a 15 foot side yard variance on both sides,
which would result in a 35 foot side yard setback on both sides, for the construction of a 52x32
single family dwelling.
REASON FOR VARIANCE: Current setbacks for the property result in a small buildable area on
the property.
Variance #10 -07, Jeffery Neff
July 6, 2007
Page 2
STAFF COMMENTS:
Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this
property was zoned A -2 (Agricultural General) in 1967. The property setback lines at the adoption of
the zoning ordinance were 35 feet for the fronts and 15 feet for the side yards. Frederick County
amended its Ordinance in 1989 to change the A -2 zoning districts to the current RA (Rural Areas)
Zoning District. The Frederick County Board of Supervisors amended the setbacks for the RA
Zoning District on February 28, 2007 making the current setbacks for the property: 60 feet to the
front, 100 feet to the rear, and 50 feet to both sides.
With the current setbacks, this property does have a buildable area of 25 feet by 85 feet which would
allow for a house to be built on the property. The applicant has requested reduced setbacks in order
to build a 52 foot by 32 foot house (1,664 square feet per level). The proposed dwelling could be
reoriented on the property and reduced slightly in size in order to meet the requirements of the
current RA setbacks. Staff would also note that the majority of the homes in this neighborhood are
small, one story structures typically less than 2,000 square feet and it would be in keeping with the
character of the existing development for this applicant to construct a similar dwelling. Therefore,
variance request may not meet the requirements for a variance under the Code of Virginia.
STAFF CONCLUSIONS FOR THE JULY 17, 2007 MEETING:
The Code of Virginia 15.2 -2209 (2), states that no variance shall be granted unless the application
can meet the following requirements:
1) The strict application of the Ordinance will produce an undue hardship.
2) The hardship is not generally shared by the properties in the same zoning district and
vicinity.
3) That the authorization of such variance will not be a substantial detriment to the adjacent
property and the character of the district will not be changed by the variance.
Staff would assert that a primary residential structure, of a reasonable size, could be built on the
property with application of the current RA setbacks and, therefore, would recommend denial of this
variance application based upon the above requirements of the Code of Virginia.
'1
File #21058
SGB:bgrn
050022086
THIS DEED made and dated this 12th day of September, 2005, by and between
MILDRED S. NEFF, widow, party of the first part, hereinafter called the Grantor and
JEFFERY A. NEFF, party of the second part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash
in hand paid, and other good and valuable consideration, the receipt of which is hereby
acknowledged, the Grantor does hereby grant and convey, with general warranty of title, unto the
Grantee, in fee simple absolute, all of her right, title and interest in and to the following property:
All of that certain lot or parcel of land situate in Opequon District, Frederick
County, Virginia, designated 14 38, Lone Oak Subdivision, Block A, Section
Four, described by plat and survey of record in Deed Book 376 at Page 678
in the Office of the Clerk of the Circuit Court of Frederick County, Virginia,
and by plat and survey of Douglas C. Legge, L.S. dated September 20, 2005,
attached hereto and made a part hereof; AND BEING the same land
conveyed to Mildred S. Neff, w +dow, by Deed dated September 24, 2004, of
record in the aforesaid Clerk's Office as Instrument No. 040020032 and
devised to her by her husband, E. R. Neff, whose Will is of record in the
aforesaid Clerk's Office as Will File 02 -216.
Reference is made to the afores' 'd instruments for a more particular description of the
property herein conveyed.
Grantor further grants to Grantee, his successors in interest and assigns, a perpetual
drainfield easement of the use of Lot 38, for the installation, maintenance and repair of said
drainfield over her remaining land as shown on the attached plat and survey.
This conveyance is made subject to all easements, rights of way and restrictions of record
affecting the subject property.
The Grantor does hereby covenr. •t that she has the right to convey to the Grantee; that the
Grantee shall have quiet and peaceable l iossession of the said property, free from all liens and
encumbrances; and she will grant such further assurances of title as may be requisite.
WITNESS the following signature and seal:
COMMO LTH OF VIRGINIA, AT- LARGE:
CITY\t O OF F/Cd (/I CIG' ,to -wit:
GJVEN under my hand this /2 day of 5t5Vr 2005.
o�,dJ
MIL RED S. NEFF
1, the undersigned, a Notary Public in and for the State and Jurisdiction aforesaid, do
hereby certify that Mildred S. Neff, whose name is signed to the foregoing Deed dated the
day of 5792f 2005, has personally appeared before me and acknowledged the same in my
State and Jurisdiction aforesaid.
My Commission Expires: 9/ solo➢
otary Public
This document prepared by:
Stephen G. Butler, Esquire
KUYKENDALL, JOHNSTON, McKEE BUTLER, P.L.C.
112 South Cameron Street
P. 0. Drawer 2097
Winchester, VA 22604
(540) 662 -3486
St)
(SEAL)
'vitii s r
(SE AL`�f,•..
ao
l VbYOY',