Loading...
HomeMy WebLinkAboutVA197800022 Application 1978-04-21 $20. Permit Fee 04. Application : V A — 7 S — a a „..., Sign Erected By: Staff: APPLICATION FOR VARIANCE Zoning Department 414 E. Market Street Charlottesville, VA 22901 County of Albemarle 296-5832 Date of Application 1 /c - , 19 78 . OWNER OF PROPERTY OCCUPANT (If other than owner) Name: YoG f ri C.. 4 F L0 2m i C . ID ix,,I s Name: Sh•wi E Address: P.b. 80x a 39 T Address: C14Ari.Lc -rrEsvtLa.6I VA. 22904 Telephone: (a:4) 29 s"- Z S T 7 Telephone: Location of Property: 04 0-t W vo ci sly c k ? et v L��D,( A es". Le"ss�ar, !!oa 83,C34- !b, 1 tS0$ CI) Tax Map 60 - AParcel 3 . 1 Acreage .fgr-. r t 71304- (9 3` District r Existing Zoning g - I � Si�Q 1 SRfr, Existing Use: --ees:(1-eu.4 •a1i / Variance sought (describe briefly relief sought) : 1 f.-A,. - a'rpa at ..e.14. ,-/-- ,a .sue ;, wit— -..7., (7)u.- 3 a 7 ti sl. 7 c 4D/ 00 d S 7q fi c . . t„ hit te4cce Saco. c; 44n4/4 Q/ )1,7 6-,Lt /04.4444._ S.1i (a' e . cuee4..4 fit- St.0.....4.) '4 a-Ifo w a- re-/0ca. r;. cz , J i l`.ram r. -<v o /0 T.s 7'.0-ctn c/ h> a-`L04.o .ficiS Jv fr c, 4 54- 4:0 r-qh - I si‘dG did 7 '' k i..A.-c/ it, a.//Bul ri eO�f�.ciutc-74-0 03 D 3�/�t�4 7 heresy ' ert4�f7e foregoing information is true and correct to the best of my knowledge and belief and that I am the owner named above. g24h, 4 Dt n,o e u . . 24t1476 Ap i(i ' att ��` Da e FOR OFFICE USE ONLY Zoning Administrator has/has not rendered a decision. If so, state substance of decision: Date of Hearing: Final Decision Made: The variance sought was denied/approved with the following conditions: Special Use Permitq,k BOARD OF ZONING APPEALS Sign Permit# BY: Date Building Permit# • ALBEMARLE COUNTY w •*.r • • .<< v‘4 liall //4 1R14150/14111114,111 E � v �0 11� v . • vvEvO � � � oo � � � s i7ca Zto s© v , 1• P® 1. s7 .4„ i 3'\) L 94 23 W ' ` g�,lYWbtp4 e Illkiliftlii: O 4 ( 16 ^ r s 29 '°� 4irirl.:9 3o s' '�' aT I6 // ii , _ /, :6 pry u _! 1 • s : sWz4j44// v ,/ 4 is ftgi \ 2A ` a? „ 4, ejf ,. , 25 21 15 ' /r it1.3---1 0 t 3 .41114 -..,.., ,c,+‘`, et li--7 *pi! 410 i Ir is 4-+o,, - t CD 01 �kw kg! ,�O 7 J ,P Is Is �s T • 4 P tti()) ACkEAGEa \\ HAAtik sif4 . _(•� 1 n HE. KILLS SECTION 5 D.P.400P..277 \ s y �/ D.B.405P;.IC3 te Cs r ss� C A,,,,,e• ipi. , _ • HESSIAN HILLS SECTION 6 DB.417,Pq.159 DC\ `) es .` A \ / ) 1 ` r IIESSIAt4 HILLS -SEC.I O u F .'"' 8 L.6.316, Pvc54 • HESSIAN r1LLE -tEC.2 �� e•J u�r • 4. , 0.6.'27, P .?17 (MEADOW0 OOD' C HESSIAN HILLS SEC.3 • CREEK) s • s L•Ev10 •L•T I_ 0.8 370, Pg.145—0.B.579 PQ 365 0.8.2TL,P�.B ors«sPctls HESSIANHILLS—SEC.4 0.8.376, P9.107 • SCALE IN FEET ]aGK Joca ITT AN SECTION 60-A 550 550CHARLOTTESVILLE DISTRICT, STAFF REPORT vie VA-78-22. Roger C . & Floray C . Davis Tax Map: 60-A Parcel: 02-B3 ,B4 Acreage: 16 , 508 sq.ft . - parcel 3 17 ,304 sq.ft . - parcel 4 33 , 812 sq.ft . - total Zone: R-1 Existing Activity Residential Proposed Variance Applicant seeks relief from Section 4-2-2 category #2, requiring 40 ,000 sq. ft . per lot where such is served by one public utility (i.e. water and sewer) to allow a relocation of property line for two lots of record to allow existing house to conform to side yard setback and to allow for construction of another single family residence. Zoning Ordinance Requirement Residential developments served by either a central sewer system or a central water supply shall provide a minimum area of forty thousand (40 ,000) square feet per dwelling unit . Staff Comment Lot 4 and lot 3 are lots of record existing prior to zoning and are so shown on our tax maps . The applicant presently owns both lots . His desire is to build for he and his wife a smaller home and to give their house to a member of the family. The first house shown on lot 4 , Block B, was built prior to the present zoning ordinance (22 years ago) and as the plat demonstrates , the house was inadvertently built on the property line. A later survey by the applicant revealed the error. The applicant claims the hardship that by attempting the relocation of the line the strict enforcement of the ordinance prevents him from building on a lot of record for which he has paid taxes . The applicant desires to bring the existing house into conformer &. with the Zoning Ordinance by relocating the line to allow the old house to be 10 ' or 15 ' from a proposed new property line. ( Option 1 or 2 ) ( The applicant has not decided on the 10 ' or 15 loca- tion of the line, but in no event shall it be less than 10 ' . ) In so doing this , the applicant creates for lot 4 a more con- forming lot (i.e. greater square footage toward the 40,000 square foot requirement) and a less conforming lot for lot 3 , since it shall be reduced .in size. However, the staff notes that the lots are of record. The trade off may be consistent with the building rights the applicant already has by the lots being of record. The applicant is making a good faith effort to bring his first house into conformance with the setback requirements . At some near future date ( 5-10 years ) a sewer line shall be installed either to the rear or to the front of the lot and the applicant agrees to hook up to it at that time. ( Funding for the Service Authority seems to be the only hold-up at this time. ) By hooking up at a future date, the applicant ' s lot will become entirely conforming since category 1 of the R-1 zone requires only 8200 square feet per dwelling unit which area both lots will more than meet when the hook-up is made. The Health Department has sent a letter approving a septic system location subject to the approval of this variance. Also to be noted is that while Hessiar1 has had problems with septic fields , no such problems have occurred in this section of Hessian Hills . If the Board chooses approval, the following conditions are recommended: 1) Public sewer hook-ups shall be made within 12 months after the sewer line is installed and functioning either to the rear or to the front whichever comes first . 2) The septic system of lot 4 shall be abandoned at the time of hook-up. 3) The applicant shall notify the Zoning Office of his compliance with this variance within 30 days after the hook-up is made. page 2 Staff Report VA-78-22. Roger C. & Floray C. Davis 1, '' . 1) COMMONWEALTH of VIRQINIA RICHARD A. PRINDLE. M.D. Thomas Jefferson Health District ALBEMARLE-CHARLOTTESVILLE DIRECTOR HEALTH DEPARTMENT 1138 ROSE HILL DRIVE April 25 , 1978 P.O. BOX 7546 CHARLOTTESVILLE 22906 (804) 295-0161 Mr . Benjamin Dick Zoning Administrator County of Albemarle 414 East Market Street Charlottesville, Virginia Dear Mr . Dick: This letter as requested by you in our phone conversation, concerns the zoning variance for Roger C . and Fleray C . Davis on Lot 4 , Block B , Hessian Hills . I met with Mr . Davis about this lot on April 17 , 1978 , and we checked the lot for the suitability of a septic system for the two-bedroom house he plans to build , if the variance goes through. In my opinion, there is enough suitable area for the required septic system needed , however , I told Mr . Davis that a permit could not be issued until he received the variance from your office . Also , it is my understanding from my conversations with you and Mr . Davis that central sewer will be available in the near future, and Mr . Davis will be required to connect to this at that time . S cerely 1\ John Z . Collins Sanitarian Thomas Jefferson Dist . Health Dept . JZC : as May 9, 1978 To: Albemarle County Zoning Commissior(A067,4SJ Reference: Rezoning Lots 3 and 4 Hession Hills Locality From: Mr. & Mrs. J. M. Landreth Mr. & Mrs. W. Moon Mr. & Mrs. B. B. Goodman Mr. & Mrs. J. Moore Mr. & Mrs. T. N. Guthrie As the residents of Rickey Road adjoining Lots 3 and 4 of the Hession Hills locality, we strongly oppose the rezoning petition. This opposition is based on poor drainage and the location of the septic field. Presently during rainy weather, water drains from these lots through our yards causing such problems as flooded basements, soil erosion, puddling, etc. The effects are especially bad coming from Lot 3 . We have been forced to take such steps as: -Construction of a cinderblock wall -Installation of a 14" drain pipe -Paved drive ways, etc. to minimize the effects of this drainage. If this lot is cleared of the trees, foliage and under- brush, there will be no natural obstacles to block the water flow. At best, our present situation is out of control and further con- struction will only aggravate the problem. It is also our opinion with the bad drainage problem, this would certainly not be any place to locate the drainage field for a septic system. For example the soil on this lot became so saturated at one point this past winter that one of the trees on this lot fell to the ground, up-rooting itself. The potential for raw sewage to flow into our back yards is very significant. The petition states that the current dwelling on these lots was inadvertently constructed over the line. " We acknowledge the fact that if this dwelling had been constructed within the pre- scribed boundaries for Lot 4 , we would have no recourse. However, the present location was both perceived and deliberate, in view of the location of the house with reference to the road, the extension of the wall from the side of the house, the owner' s influence in the original construction of the entire neighborhood, and various other aspects. We ask the Commission to look hard at the facts, keeping in mind that many of the dwellings surrounding these lots were con- structed based on the original intention of Mr. Davis. The rezoning of these lots would cause increased hardships . S igned: j4_ `.;),a Y4' 444• r94-mi-4 21. �1�uC�ci�,tc. ►nit. '` ir' - rr.r *IOW 113 Bennington Road Charlottesville, VA 22901 May 8, 1978 Zoning Commission Albemarle County County Building Charlottesville, VA Gentlemen: As homeowners on Bennington Road, we vigorously oppose changes in the zoning standards. We feel that present zoning laws will protect and preserve the character of our neighborhood. Thank you for your attention to this matter. If you wish to contact us, you may call 295-6823 evenings. Sincerely, CY°:- .611-C:LL7 Julian M. Taylor Ctox _va, Alexandra B. Taylor ill ,E,c.ey "e'Gsad I i IX II 4c/40.- 'e•- .5;:' ,4/,cer ,..7o•/7 _ fI /4 L 3 /2,c.r, /ee ./ I 1! I X / I // // 71 kk I I q . ' 4 Ea4/f7 A toing9e . 6 1 1 K P LmT .¢ c ji i 1 11 $Toc I/"; I 1 1 • 'rim 'a'.. •dr INSPECTOR'S SITE PLAN OR SOIL EROSION INSPECTION REPORT TO: l74.0" ,/g ,1..7/'v/rscn .p/G/a SITE: /2o�¢r G'. 9' PLAN NAME OR NO. : �//Q 7. 8-Z Z OBSERVATIONS: (note anyone you spoke with) r� o r� ..2'"r71/47G /o •s "•✓a •ireT/fe 4.4.0if �/ •�GiT) . .z" o'%e/ mar ur Oi+7. Se//04.5 .47 4r PP•f' • �•16/s/►is T�� tdarer �i�in 7-.A ONvir /,Oi.o•pry ,QCe.,;.r ..v Ta irr osn /oio�0Or!" 4.AI''C A /S o, ,'—' .s 7-As/fr. / !,. 0.7jr Ik e d y .0 cat •% Date and Time ACTION REQUESTED OF OWNER OR CONTRACTOR Date and Time FOLLOW-UP BY INSPECTOR: COMMENTS Date and Time cc: Soil Erosion File Site Plan File 28 Bennington Road Charlottesville,Virginia 22901 ifne7itcyg/ I,7? aa444car. rj-0 Ll.NC `Llax4. 4", � l 'L744 wc y -tked,a,,icitc6244 .tradAg44,66444 °4-444-6"14* W Aacti ern-0, ewL-ie . ett-tv Cer/z "d J.-4'1c* /44, a 4 / ? r-nr5 cit- e e , cyfiet.,. 3 "`l �- 0 ,__eaj___„,„„et,,,,' (.6cutto.iu c-Sc I 0 - 1 rrrl Now 115 Bennington Rd. Charlottesville, Va. 2'?901 "ay & , 978 Albemarle County Board of S.;pervisors County Office Building Charlottesville, Va. 22901 RE: Hearing Va. 78-22 Roger C & Floray C. Davis To nform Albemarle County Board of Supervisors that I am opp{ sed to relocation of property line and construction of another single family residence both of which are served by one p -bile utility ( i .e. water) and creating a requested variance of 23,492 feet for Lot 3. This has been nfairl.y proposed to Residents of Hessian Hills. it Sincerely, J ..i T ii. CLEF:: ' OFFlr''' OF AL1, ;i4AitLE. CICt1.IT COT", :ay 1 , 19�5. This deed was presented to me in sail office and with certificate annexed ad !tted to record at 11:00 A. M. And 55 stamp affixed. T'et;te: 1 C - C., m_, L)rj'� , a Clerk . u THIS DEITh made this 29 day of April, 1955, ly an.: Li;t-Tu e e CU;ii.i . R _'.:.,!Y h_.2 :- UIL ING CORPOR'.TT.IOd, a Virginia corlior. ; .yen, of t_! _ , . 1, p , t, and Y AITE-UDERTIOOD, I ICOR=Oi;..ThD, a Virginia corporation, of t.� e :oed. part, Inc WITNESSET 1 : That for and in consideration of the sw.. of Ton Dollars (.:I0. 00) n � 7consideration, L cast_ in hand paid, anc. other �alu�..b1P the receipt c� all of which is hereby acknowledged, the Sc:_L_. CL1Sr:::an Realty c.TIC.. l-i�--,,-uC�. i _ . .__. COi_ _ OI ,- t o. does hereby CRlNT, BARGAIJ, SELL and C01:7FY, pith U T : L i.1 1-__ TY OF T_ _ j:, unto 1'Taite-Underwood, Incorporated, all thoe eight certain lots or p'.r- c les of land situated : n the subdivision kno:+n as ''Hessian Hills"„ in the Co:L:ty of Albemarle, Virginia, on the north side of �:.rrack13 i:oa :, one-half • L e distancenorthwest f r r: a yes':?Ile. and �7 i; and closig z i l � ro_�a theCity, of �_L�-rl t _ �;- n red as Lots numbered 3, 5, s: and 14, of Bloc'_; A; lot niro1:er= _. 1, Block B; lot nurabered 2, Block C; and lots numbered 6 and 7, B loon :%, as shown on a play of L. R. Sweet and Associates dated February 9, 1955, ___ed :hereto or made a part hereof. The property hereby conveyed is a portion of the :r e =-:.'t;r 1,.1ich was conveyed to Cushman Realty and Luild-?ng Corporation by deed of Arabella L. '.'.cFarland and others dated July 121 1946, recorded in the Clef'•= s Office aforesaid in D. B. 269, p.272, to which deed and plat reference is here made for a further and more complete description of said property. This conveyance is made subject to the following; rest_'ic ve covenants: (1) In the n bse nc of stated reservations and ea: _?i? ''n Va as shorn said t s r s reserves r i ;t 1 - , sn" on plat, the Corporation or itsassigns l�c� ,t:ti- z ���_,,'�c's r�`:;�: or c..a.�. 7t 3 feet in width along the side lines and 4 feet in width along ti:: rc.,;.r linos of all lots for pole lines and con: uits in connection with supplyingl i .;ht, po'.'er, wat• r, u,s, sewer, end telej:'hone service to other loft an'i I lso rI sc r\re r . �s, .' al �; such rri conduits ti 1.C- C>:t. : r:i,;'raT. a� ��cc� t• � t r:. s topole line.; c. 1'ur � � ;T ;0 • Of such structure) shall ._ .:, _ t.y tor oo.c; o . . . If such plans are lisapproved within thirt days after the delivery of th same to the Corporation, it will be conclusively presumed that such pins have been approved. (3) No lot shown on the aforesaid plat may be further subdivided without the written consent of the Corporation or its assigns. In the event of any such further subdivision, no residence shall be erected on any such subdivided lot which has an over-all frontage of less than 100 feet. No building, exclusive of porches, garages, or arcades thereo shall be erected on any lot in said Section 3 closer than 30 feet to the front line of said lot or closer than 10 feet to the side lines of said lot. How- { ,-ver, where the topography of any lot is such that it Makes this restriction impractical, this restriction may be waived by written permission from the Corporation. (5) No buildings shall be erected, maintained, or used as multi- ple dwellings, including apartment houses, connected dwellings, or double houses, except in such locations as may be approved by the Corporation or its assigns. No business or co:m establishments ercial establissents of any kind may be erect- , 1 ed or maintained without the approval of the Corporation or its assigns. (6) A11 sewage disposal shall be in accordance with- the renu_i re- f rents of the Virginia State tSoara. of Health. (7) No billboards or signs of any kind shall be erected or main- tained on the said lots in this subdivision, except with the consent of said Corporation or its assigns. (8) No nuisance shall be maintained or permitted within the said subdivision. L (9) with the exception of restriction No. 2, the aforesaid re- strictions shall be applicable until such time as the subdivision becomes inn- corporated within the City of Charlottesville, at which time said restriction i shall terminate and cease to >-e effective. Restriction No. 2 above shall con tingle in full force and effect until all of the lots in section .3 as shown on the plat atove referred to have been developed and built l:r,on, whereupon said 1 restriction will terminate and become ineffective. • • The party of the first part COS;TNANTS that it is seised in fee simple of the property hereby conveyed, that it has a perfect right to convoy • the same, that said property is free from encumbrance of any kind, and that it will execute such further assurance as may be renuisito to secure to the said \1?ite-T.Jn�z-erwoo , Incorporated, quiet possession and co: plete enloy __?nit th 'r e:?f. IN WITNESS 1:iiEREOF Cush,ilan realty and building Corporation has : 1 '- �' :�j ed o� 't.o �on��_ _'W -1b. s r T.,c� ` '�• ;1 lc1 C',':. _1 lto :':..:�1 t0 �`.: � � . 1 I �� Cl7 i ?1`:n, It I� ,. j is 7 :, s,&c THIS T'-?D made this 18th day of J° ly, 1957 by and between Roger Davis and Floray C. Davis, husband and wife, hereinafter called Grantors, ~hmond, and Joseph W. Richmond and Charles A. Via, Jr., Trustees, hereinafter call( Trustees, • 4.00 'O.00 .4.00 WITNESSETH: • 1iyAN- That for and in consideration of the provisions of this deed and 0 - the sum of Ten Dollars ($10.00) cash in hand paid, receipt whereof is here' acknowledged, said Grantors do hereby GRANT, BARGAIN AIN and SELL and CONVEY wi ..ems ,+;r..�`Y.:. ..,. ..__..'-v' i� `Y..oC .,�"�S"'i:r:-.,",...r3r4._._ ....rd..�'_=�_::_._� ,,.:.t?".:.,.;a.:i+....�ii:_..:!i•. .__ .'.... . ..,.. ....._.. ............._.._ .. . with GENERAL WARRANTY OF TITLE unto said Trustees all those two certain lots of land in Hessian Hills Subdivision in Albemarle County, Virginia, designated as Lots 3 and 4 in Block B in Section 2 of a plat of said subdivision made ii by A. R. Sweet and Associates, dated June 1956 and recorded in the Clerk' s (i. Office of the Circuit Court of said County in D. B: 327, p. 317, being the h` it )' same .land in all respects which was conveyed to the Grantors by deed of Chus- - man Realty and Building Corporation,dated January 9, 1957 and recorded in sai4 Clerk' s Office in D. B. 329, pD 359. Reference is made to said plat and deed ' for a more particular description of the land hereby conveyed. � IN TRUST NEVERTHELESS to secure a debt of said Grantors in the amotu.t of twenty Thousand Dollars ($20,000.00) evidenced by .25 .bonds of even date herewith aggregating a like amount and each- payable to bearer at The Peoples National Bank, Charlottesville, Virginia as follows: Bonds numbered 1 through 10 are each in the amount of $500.00 and A il chi are payable seriatim ach six months after date hereof. IP Bonds Numbered 11 through 25 are each in the amount of $1,000.00 thi and are each payable five years after date hereof. 'be( m:( Each of said bonds bears interest at the rate of five and one-half per centum (5i%) per annum, payable semi-annually, contains waiver of homestFa exemption and each bond except bonds number 1 and 2 contain the following j; -- clause: "Right is reserved to anticipate the payment of this bond on or after one year from date at any time on thirty days notice." Subject to such restructions as are referred to in the above men- tioned deed said Grantors covenant as by statute in this case made and provi.di ed except as herein otherwise expressly set out: I1. Renewal r extension permitted. - ' ‘'*** �,s�►able value of all improve- � 2. Insurance required to the fall mep nts upon said property whether now or subsequently erected. ' 3. In the event of default in the payment of said debt or any in- stal]..ment of interest thereon or any part of said debt or interest or in the �9 entered into or imposed by this deed then event of the breach of any covenants li of the holder of the bond hereby secured, the Trustees: I' upon the request it acity of '� ' either of whom is authorized to act in the abseace, refusal or neap 1, to do, may take possession of the property hereby conveyed and the other so 11 shall proceed to sell the same at public auction, advertisement required beir- billsposted in the County of Albemarle, Virginia`' at least twenty days by hand and in such other mode, if any as to the Trustees may seen wise. Such sale shall be upon the following terms: Cash as to so much of the proceeds as this trust including a trus may be necessary to defray expenses of executing tees' commission of five per centum (5%) of the gross. proceeds -of sale and to e the amount of the debt hereby secured then unpaid, which is to be ., ; discharge g thenpaid aid whether due at that time or not and if there be any residue, the sam e shall be made payable at such time and secured in such manner as said ' s shall in writing prior to advertisement dire ; Grantors, their heirs or assign or in cas e of failure to give such direction, as the Trustees shall think fit i and seals: WITNESS .the following signatures (SEAL) Roger C. Davis FloraY C. Davis (SEAL) I I i i f . 'soy Now :HIS DEED, M6de this 9th day of January, 1957, by and between GUSH- Cu hu Tv ..:ND BUILDING CORPOnA710N, a Virginia corporation, of the first part, To • -,"1:7 C. DAVIS and FLORLY C. DAVIS, husband and wife, of the secon:2. part, - ••' Ho WITNESSET H: That for and in consideration of the suu of Ten Dollars (0.0. 00) , and other valuable consideration, the receipt of all of which acknnwledged, the said Cushman Realty and Building Corporation does BARGAIN, SELL and Cat;VEY with Genral Warranty of Title unto • •-• Pavis and Floray C. Davis, husband and wife, as tenants by the entire• fufl_ rights of survivorship as at co . on law, and not as tenants in tLose cert.A.n lots of land situate in the Subdivision known as Hessian the County of Albearle, Virginia, on the North side of Barracks ' --)r*-hPlf Lille distant Northwest fro the the City of Charlottesville, and T. e s Lots 3 and 4, Block B, Section II of said subdivision as shown t of 1 P• Sweet and Lssociates dated June, 1956, of record in the cf the Clerk of the Circuit Court of Albacliarle County in Deed Book 327, :17. The property hereby conveyed is a portion of the property which waS t3 Realty and ulidirig Corporation by deed of Ar.H.nbc.illa L. and others, dated July 12, 1946, recrdel in the afores6dJ ciorkls Deed Book 269, page 272. Reference is hereby 11,ade to the deed az- .', : 1- said for a Lore particular description of the prope'rty hereby con- rinls conve/ance is made subject to all restrictive covenants set forth deed of Cushman Realty and Building Corporation dated April 29, of record in the said Clerk/ s Office in D. B . j16„ p. 254. • The party of the first part COVENAIITS that it is seised in fee siii- property hereby conveyed; that it has a perfect right to convey •. that said property is free fro,,. encumbrance of any kind; Lnd tnat SUCH furt' er --ur.,nces as nia be requi-it,, to secu to the,•••‘•,.1- liolad C. Davis, quiet possession and complote en- 11; WHERE07; Cua'aman Realty and Building Corporation has cansod to be 0150e5 nereto by Andrew L. Cusi-.,mn its Prosidnt, and its cor- -. - -- to 'se he,neunto afled and attested by Walter id. Cushi,lan; its .•••.••• • -7, this 9th day of Janury, 1957. R7ALTv AND Sr?cretary By: .L1-1Jrc,-; L. Cun, ZeSCe • carilkwrilal4A4 l , Clerk ,&c THIS DEED made this 9th day of March, 1959, by and between Roger C. Davis and Floray C. Davis, husband and wife, hereinafter called Grantors, .ar,&c and C. Venable Minor and Charles A. Via, Jr., Trustees, hereinafter called . 50 Trustees, .50 75 .75 WI TN ESSE7H: That for and in consideration of the provisions of this deed and of five dollars cash in hand paid by the Trustees to the Grantors, receipt whereof is hereby acknowledged, said Grantors hereby grant, bargain and sell, and convey unto said Trustees, with general warranty of title, all those two / certain lots or parcels of land fronting on Woodstock Road in Hessian Hills Subdivision in Albemarle County, Virginia, designated as Lots 3 and 4 in Block B on plat of Section Two of said Subdivision which is recorded in the ,: Clerk' s Office of the Circuit Court of said County in Deed Book 327, page ! 0317, being the same land in all respects which was conveyed to the Grantors : i1- t2-7 deed of Cushman Realty and Building Corporation, dated January 9, 1957, and ssci-ed, th=refrz1 recorded in said Clerk' s Office in Deed Book 329, page 359- .:d of Trust =nd marked IN TRUST NEVERTHELESS, to secure a certain debt of said Grantors the sum of Twenty-three Thousand and no/100 (323,000.00) Dollars evidenced p4.- their one bond bearing even date with this deed payable to The Rector and visitors of the University of Virginia at the rate of four and one-half per v1. ,4 centum (41%) per annum, payable in 179 consecutive monthly installments of One Hundred Forty-five and 51/100 Dollars (0145. 51) each on the 9th day of each month beginning on the 9th day of April, 1959, to be applied first to that the payment of interest at the above-mentioned rate on the decreasing princi- =ad in pal balance and the remainder to the reduction of principal, and a final and save era me 130th installment tobe in the sum of the principal unpaid together with ac- -r.ce'' d Ild this cr-wed interest falling due on the 9th day of March, 1974 in any event. Said bond contains waiver of homestead exemption. -leak Oak It is covenanted and agreed that in the event of sale or conveyancE by the Grantors of the property hereinabove described and conveyed then the . ' unpaid balance on said bond secured by this deed of trust shall become im- mediately due and payable at the option of the holder thereof. Failure to exercise the option shall not constitute a waiver of the right to exercise the same in the ezt of sale or conveyance , any successors in title to such Grantors. Said Grantors further covenant as by statute in this case made anc provided except as herein otherwise expressly set out: 1. Renewal or extension permitted. 2. Insurance required to the full insurable value of all improve- ments upon said property whether now or subsequently erected. 3. In the event of default in the payment of said debt or any in- stallment of interest thereon or any part of said debt or interest or in the event of the breach of any covenant entered into or imposed by this deed the/ upon request of any bondholder hereby secured, the Trustees, either of whom is authorized to act in the absence, refusal or incapacity of the other so to do, may take possession of the property hereby conveyed and shall proceed to sell the same at public auction; advertisement required being three weeks by handbills posted in Albemarle County, Virginia. Such sale shall be upon the following terms: cash as to so much of the proceeds as may be nee- / essary to defray expenses of executing this trust including a Trustees! commission of five per centum of the gross proceeds of sale and to discharge • the amount of the debt hereby secured then unpaid, which is to be then paid whether due at that time or not and if there be any residue, the same shall be made payable at such time and secured in such manner as the said Grantors their heirs or assigns shall in writing prior to advertisement direct, or in case of failure to give such direction, as the Trustees shall think fit. 4. In the event the Trustees are requested to sell the property herein described and the bondholders thereafter request the sale to be calle off, the Grantors agree to pay the Trustees a reasonable fee for services rendered in connection with the proposed sale. WITNESS the following signatures and seals the day and year first above written. Roger C. Davis (SEAL) Floray C. Davis (SEAL) STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: I, Yvonne C. Davis, a Notary Public in and for the County and State aforesaid, do certify that Roger C. Davis and Floray C. Davis, whose names are signed to the foregoing writing, bearing date on the 9th day of - March, 1959, have and each has acknowledged the same before me in my County aforesaid. My commission expires the 5th day of September, 1961. Given under my hand this 9th day of March, 1959. - - ---- —--- -I-- - . 1 ' ' 1 ill 1.6- •1".' r'''•IIIMIIIII 6 . • • ' - . . 11 , J.: 0.. • . . ... •,.. .ii. . .. nit • .... . .,......,....,... 1 : ,. _i; , ,.--c..,......i.... ,.,„,,.. ..-,,,,4..": ' :4' '.1::..:.., ..,'''''''''•i'Lri:: -.6,••••.:.... • • : • ... ,r,.?", .1.-,•,•...,--_...7•,,..„.t....rto.:,._• ir.1 , -- .e. _ ;,. 4f4.--,.. Zit . 1 •;44 _1,ii- - "',....,C.-, - . . " .•••• 7....irt,..,t,e;44.0 • -.."'p••• '4`.‘t. • -ii.c..114*- : Syll."- r , • r -V• • 4 •7.6 il • N:11'.......'4,- ... . '6'-.,.' • .-- '' .4'41 '... '... '' OP 4:- ....• . • -..... ,..-• tr. lr• lir• • '•'•1., '• • - • , - . • *--- tp it-i, • ' • . • • '. • ' . • . s• . •• '...• , '• \ tipl —1'.1 11 , • .."- : I „r ' qi 2.,,' • , I j1 •°, . . .,,t..... . t ...,..„,,e, 1 11..011 m tt - 3,4, . • , TY *• .. , • 'III. V .• . . J • ,..• '....1 f,,* -.•I.---,„ -;p1,-, '.v........ ....,„,... Ir.' ' • 0 . `" ' ,-4-,t- .•••:7 4 --iJ-. 1,, .4. ..'•. • F • ' ., i.4...3"=,' .1, Z " "- •111` *'• '''''*--,,,.„.4, -, - i.,14e -,, E,. ...*17..r....,_„. . ...:..'is' • ,mithi. r, -.. , 4.. —--al-- — le' ' -,. -...- — 1, —A.to,„.•-,. i. , • .0 P• %, •-•• ,S.• • ....-%...., 0. > ' 1* . Pi ,- ....- ',. , - W..•-1. 7m4... re ...:1-.4.. .4 • / :1; N ..• . 14 • %,or • - ''ril4). , 0,•• ..' ar -•• • Ili**. :4'1.•°;Ie . 4.. , . ,-• --or .''• -4'4 i . ...' '•t"r-, ,i.A dir ;' • , _ - - t • '.- r - - - ' , , • 4 tie"4° .‘-,- 4 '4.k. ' • 1 .., '34•,. . III ' - ,.4,_ /0°.' * • .,,,:I. ,::"^.• •S''t::.•%.., •it. •' . ••-,,. ' - ' . Ai.,14".40" '11Xe ' -' ••,-..-::_lf:'-.4.•:- ___' ' i., ...,,, - ':40'''22;:r. •I'lgr,- '_••• ... • -• - - ----%_,.r...--*-- ....". .4.4. ..,:•-•"...-••,,-...";.. . ..z -' gesli:. “;,,,, .-v.--1 ..,,4, .- ,‘" -• "::- —- . , *:, ..Z-' •,- , • ' _ ,... . - -•g. r7-4.711r,F,it"- , . . ,14. ...... - — ' •.--- - .rf -',42 4.. '''i.11. ''':- "X---- "..— •-:- - ..• 4.. . •''*.4-. ..4..4„. .... .-, ..i,•f4-11r... . ... ' • 4c• • -..- I - ---- .- -.„ oo, V'r, 123.0 F T S M * 00 w 123.5 7- 1 ti L07 AV-Ek, I � - �-1 1 I.t ; .- i FT 4, L07 s M a 00 VI/ 12 3. 5 7-'T, N I FR.J`�t�!�., 4 e O 071L.IT-1 POLE VVA'7Err_ � _ WOOD,- a., r� 4 ;e �r c j SCAt E Y1r, O" ti� st4 Fn �JUZiL1T�{ Pots A?ZU- 24, 1 ✓ice 1»0 { NV -EA, irv)! Ob il� P ,551VE SGIr.AfZ iZ-ESI©E!NlCE ti '�•'� �, i r- WC)CPSTOCK. DZIVE; - NES`EO A.0 HILLS �, � � r ( J�L13F rr� AR.I._E. Co�JNTY V 1P�.GtF`1tA� .34 i uJ IN,. f�!► I SNF- ETOF VA- -75 -22 a - R.OGF2 CJS - A.I.A. - A,2.rHITE -r G%5- --25 7 7