HomeMy WebLinkAboutVA198300039 Application 1983-06-14 $20. Permit Fee i)jelmmmo
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Sign Erected By: PO4L MA 5 it.. Staff: c`J
APPLICATION FOR VARIANCE
Zoning Department
401 McIntire Road
Charlottesville, VA 22901-4596
County of Albemarle
296-5832
Date of Application - 9 a , 19 23 .
OWNER OF/t PROPERTY i OCCUPANT (If other than owner) ( on-f rac7 purcha g
Name: LJYU'�I.AjLQ t^fl T( 1S ��mt� Name: j� L d- J ohr�`l.�ti I CIJAI rl
Address: \1\1 (01 )“\` t c - Address: '1C \,k)31 PY Lan
91,((ALOoc )0 0. "Ro L)t
Telephone:b0)t-\�J(0- (ol No Telephone: `313\ - S%‘-r)c i) t
Location of Property: Co.Q been ��'. (03'1 a ��, �oQ�-- (5 0 (0. ,a
IA I Vl I Jc J�,�kQA �: 4��^��x; cS�'? 6 ( `'i . "v:Y2)
'70 U 39 10.0
Tax Map `10 Parcel 3`:1' Acreage AI (nI(2-
Existing Zoning i) District ,‘-y-yu,AJLQ
Existing Use: '\b
Variance sought (describe briefly relief sought) :
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Rb,rmAk ko 0 nb 7on► &mane 40 ► \ O RED cQ (o LCce 5)
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I hereby certify that the foregoing information is true and correct to the best of my
knowledge and belief and that I am the owner above.
)(22),A,Q e P
lican Date
FOR OFFICE USE ONLY
Zoning Administrator has/has not rendered a decision. If so, state substance of decision:
Date of Hearing: ��a,� a I9�3 Final Decision Made: 7/ ;
The variance sought Hied approved with the following conditions:
: 461 X/v
Special Use Permit# BOARD OF ZC .VIlVG • " • •
Sign Permit# BY/A /4 2 7 f 0"
Date
Building Permit#
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P. O. -Ox 7000 STANDARD SALES CONTRACT
C.-..ALOTTt.VILLI. V,.Oe.i.
a arcs
This contract of sale made in triplicate this_21 day of May , 19 83 ,between
John L. & Elizabeth .W— Wilderauth (herein called "Buyer"),
and Christian Retreat, Inc. (herein called "Seller"),
and MONTAGUE, MILLER &CO., Inc., (herein called "Realtor"),
WITNESSETH: The Buyer agrees to buy, and the Seller agrees to sell, for the sum of Five Hundred and Seventy-1'� w '! t"-
Thousand Dollars (S �'10 t?�'`� ), all that certain parcel, f
lot or tract of land situated in Albemarle County _ , Virginia, and commonly known as
Wavertree Hall ,and described as follows: 151.7 acres
located in Samuel Miller District on the South Side of State Road 692 and
North of State Road 637, described in Tax Map #70--71, Parcels 39 and 39D. . . 1 1
Deed Book 667/113-117 and located near Greenwood, Virginia.
The property herein sold includes (it any): aerials attached to buildings,`celled wall-to-wall carpets,; any fixtures in place f ,
hanging blinds,shades,curtains or draperies. , br-eakۥroat i ' . . , s`
THE PURCHASE PRICE IS TO BE PAID AS FOLLOWS: all kitchen equipment, Case tractor and
attachments
$10,000. DEPOSIT -
by personal check paid to Realtor to be
deposited upon acceptance of this Contract aunt C.:kjis ih
L .!..0,,, ,j-- :). $5-6-5-,--.900n Secured from L-i-tte4-ted FLl.,rr-1.,j.e,,,r _/1,,,
1'5'vJ.X "" for
purchase of Wavertree Hall .
SPECIAL CONDITIONS(If any): This Contract is contingent: upon the purchasers -
receiving the above financing within 90 days. Purchaser shall use due
diligence to obtain said financing. In the event that the Limited Partnership ''
is not formed, purchaser will notify seller with 45 days of date of contract
and contract shall be null and void, and deposit shall be returned to purchser.
The Seller agrees to convey the above property by a General Warranty Deed with the usual covenants of title and to pay for
preparation of Deed and recordation tax applicable to Seller. Buyer agrees to pay all other recordation costs and costs of securing
arid preparing any instruments of indebtedness and recording thereof. The property is to be conveyed subject to any restrictive
covenants of record. The title is to be free and clear of all liens and indebtedness of every kind except the liens above mentioned.
Should the title be found defective and said title cannot be made merchantable within a reasonable time, this contract may be
declared null and void by the Buyer, and the deposit paid hereunder returned.
buyer represents thatan inspection satisfactory to Buyer has been made of the property,and Buyer agrees to accept the property
in its present condition,except as may be otherwise provided. -
Buyer and Seller agree that the Realtor was the sole procuring cause of this contract of sale, and the Seller agrees to pay the
Realtor a cash fee of 5 percent of the purchase price.
All risk of liability and loss or damage to the property by fire,windstorm,casualty or other cause is assumed by the Seller until
settlement.
Possession shall be delivered on Closing -
Taxes, rents, interest, and fuel, if any, are to be pro-rated as of settlement, and settlement is to be made at Seller's attorney's
office or at such other place as may be mutually agreed upon, on September 1 ,
19 83 , or as soon thereafter as title can be examined and papers prepared,allowing a reasonable time to correct any defects
reported by the title examiner.
This contract constitutes the entire agreement among the parties and may not be modified or changed except by written
instrument executed by Buyer and Seller, and shall be construed, interpreted and applied according to the law of the State of
Virginia and shall be binding upon and shall inure to the benefit of the heirs,personal representatives, successors and assigns of the
parties. .
WITNESS the following signattures and seals made this 21st day of MaY , 19 83 -
lG/Z's 'gin. , I ez—# -� _ (SEAL) I Y.. (SEAL)
1!/' i�v (SEAL) (SEAL)
(SEAL)
----- ---- Realtor -
Receipt of above described deposit in the form of:
I t CASH OTHER:
is hereby acknowledged by 1
for MONTAGUE, MILLER &CO., Inc.
Y Nair
CHkil1IAN RTQEAT6, INC.
June 8 , 1983
CONDITIONS FOR THE CONTRACT OF SALE
OF WAVERTREE HALL FARM
1. The purchaser and/or its assigns will agree to take title to '
the property subject o all existing easements of record at the
time of settlement.(%
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2. The purchaser and/or its assigns agrees to provide water to
the Dosh Garrison property and to the Cabin north of State Rt.
692, presently cupied by James Bond, up to and including Jan-
uary 1, 1984.
3. This contr ct is conditioned upon seller and purchaser and/or;
its assigns reaching an agreement satisfactory to seller, lot
owners 5-15 along Kings Way Road, and the purchaser and/or its
assigns, prior to the date of settlem t, with reference to the
future maintenance of Kings Way Road
4. Buyer and/or its assigns executes this agreement with know-
ledge of the e)5.' ting lease between Christian Retreats, Inc. and
Doug Coleman. ]
5. In the event of any resale of the subject premises, or anyl
part thereof, by the purchaser and/or its assigns, Christian)
Retreats, Inc. reserves the first right of refusal to purchase'
the premises back from the owner. Should Christian Retreats,
Inc. execute its first right of refusal, it will, within 30 days]
of notice, tender a deposit in the amount of 5% of the agreed)
upon sales price, and will make payment in full on the balance oi,
the purchase price 90 days subsequent to the date its deposit
•
tendered. This right of first refusal will survive settlemen
L 4e./.1.4 - /NIrr d r, a-
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21a,,,o-v-Ki<al"L'2)z(
AT OAKLEIGH, BOX 86, GREENWOOD, VIRGINIA 22943, PHONE(703)456-6417
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Z BATESVILLE, VIRGINIA 22924 CUL
TELEPHONE (703) 456-6197
7 July 1983
Inspections Department
Building, Zoning, Soil Erosion, Fire Prevention
401 McIntire road, room 2-2
Charlottesville
VA 22901-4596
attention: Mr. Amdrew D. Evans
re: John L. and Elizabeth W. Wildermuth
Christian Retreats Inc. .
Dear Sir:
The enclosed copy of my letter to the Planning
Department of Planning is self explanatory. I wanted to
exercise my right to express my views as a citizen and land
owner to the proper authorities.
I regret not being able to attend the meeting in I
person.
Sincerely yours,
teA(2:t1-%:EN-- icubas&-S,
(Mrs. Herbert W. Stuart)
enclosure ,"'�� 1
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�/ BATESVILLE, VIRGINIA 22924
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TELEPHONE (703) 456-6197
7 July 1983
Department of Planning
401 McIntire road
Charlottesville
VA 22901-4596
attention: Stuart L. Richard
re: John L. and Elizabeth W Wildermuth
Christian Retreats Inc.
Dear Sir:
My name is Patricia B. Stuart and I own parcels 23A
and 23C on section 70 of the Samuel Miller District map. This
comprises 204 acres starting at the intersection of routes #692
and #637. I am naturally interested in all projected changes
in the use of land in this area and its effect on the community.
I shall be out of state on July 12th but I should like to make
my view known.
I do not think that a "small country inn and restaurant"
surrounded by beautiful farmland would greatly harm the quiet life
many of us came here to find. I am gravely concerned, however, 1
that the proposed variance could be an entering wedge for this or
other buyers for further commercialization. Had the project been
an internal pne of Christian Retreats it would have seemed a logical '
one of generating income for the fellowship.
In 1978, the surrounding landowners were assured that
the plans for this tract were permanent and five years doesn't
seem perpetuity to me. What legal means is there to guarantee
that the proposed changes would remain through this and other
possible sales?
Christian Retreats and the owners of houses on the
Wavertree property have become valued friends and neighbors;
I should not like to see anything occur which would disturb the
householders for their homes represent their desire for a quiet
rural lifestyle for themselves and particularly their children.
Sincerely yours,
(Mrs. fierbert W. Stuart)
RECEIVED i V L 0 7 1983
Nue
STAFF REPORT
VA-83-39. Bette & John Wildermuth, Contract Purchasers
Christian Retreats, Inc., Owner
Tax Map: 070
Parcel: 39 & 39D
Zoned: PRD, Planned Residential District
Existing Activity
Planned Residential District
Proposed Variance
The applicant requests relief from Section 19.6.3 of the Albemarle County Zonin
Ordinance to permit a PRD of 226 acres, a variance of 74 acres. Section 19.6.3
requires 300 acres. The applicant needs this in order to rezone a portion of ail
PRD.
Zoning Ordinance Requirement
Pursuant to Section 19.6.3, In the case of any proposed PRD having a total gros
area of not less than three hundred (300) acres and a gross residential density
of not more than two (2) dwelling units per acre, the Board of Supervisors may
waive the provision of common open space and recreation area as hereinabove
required; provided that not less than thirty-five (35) percent of the gross are
of such proposed PRD shall be devoted solely to agriculture. For purposes of
this section only, the term "devoted solely to agriculture" shall be deemed to
include not more than one dwelling unit, which shall be included in the deter- {
mination of the gross density of the PRD.
Staff Comments
Variance conditional upon rezoning amendment approval by Board of Supervisors.
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PIanning Department
804/296-5823
414 EAST MARKET STREET
CHARLOTTESVILLE. VIRGINIA 22901
ROBERT W. TUCKER. JR. RONALD S. KEELER
DIRECTOR OF PLANNING ASSISTANT DIRECTOR OF PLANNING
August 3, 1978
r
DONALD A. GASTON
SENIOR PLANNER
Mr. John Manzano
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Christian Retreats, Inc. N. MASON CAPERTON
PLANNER
Post Office Box 806
Greenwood, Virginia 29243
Re: Board of Supervisors action
Request for ZMA-78-09
Dear Mr. Manzano: .
This is to advise you that the Albemarle County Board of Supervisors at its meeting
August 2, approved your request for ZMA-78-09 subject to the following conditions:,'
i
1. Fire Official approval of fire prevention facilities for the two apartment
buildings and the community center, including the possible installation of a
water retention basin and adequate access to it;
2. Virginia Department of Health approval, including two septic sites for lots
4, 16, and 23, and approval of the septic facilities for the apartment buildings;
3. Approval of central water facilities for the apartment buildings as required
by the Code of Albemarle;
4. A grading permit will be required prior to final subdivision or site plan approvals;
5. Virginia Department of Highways and Transportation approval of commercial entrances
along Route 692 prior to final approvals;
6. County Engineering Department approval of private roads specifications ( note that
the roadways between the main entrance and the community center shall be built to the
highest private road standards ) ;
7. County Attorney's office approval of Homeowners' Association documents including
provisions for the upkeep of common areas, the maintenance of the private roads, and
necessary access easements;
8. Staff approval of tot lot equipment prior to final site plan approval of the apart-
ment buildings or the community center;
9. Setback lines for single-family lots to be designated on subdivision plat;
10. The entrance gate on Route 637 shall be locked closed at times when it is not in
use for farming purposes;
11. Those areas to be disturbed shall be limited to: construction of roads, area for
housing sites, required improvements, church and farming activity;
12. Construction traffic shall enter off Route 692 only.
Sincerely,
--pane Gloeckner
Planning Department
cc: file
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ROBERT W. TUCKER, JR. DEPARTMENT of PLANNING RONALD S. KEELER
Director of Planning 401 McIntire Road Assistant Director of Planning
Charlottesville, Va. 22901-4596 R. KEITH MARE
804-296-5823 Principal Planner
NANCY MASON CAPERTON
Senior Planner
MEMORANDUM KATHERINE L. IMHOFF
Planner
TO: Mr. R. E. Vaughn, Director of Inspections Q
FROM: Mr. Ronald S . Keeler, Assistant Director of Planning 'f
3
DATE: June 20, 1983
RE: Wavertree Hall PRD
This memo is intended to clarify an issue related to Wavertree Hall,
PRD and the proposed amendment thereto by the Wildermuths. I am
in receipt of a June 14 , 1983 letter from John Manzano of Christian
Retreats, Inc. to you.
On June 13 , 1983 , in outlining alternatives for the Wildermuths
Fred Payne and I apparently did not adequately address the issue of
Wavertree Hall ' s current status. Mr. Manzano in his letter to you
states that "the Planning Department, represented by Ron Keeler, is
now intepreting our present situation to mean that Wavertree Hall
Farm is a non-complying tract within the PRD designation. Therefore,
the Wildermuth' s application would further reduce our compliance;
and their request in its present form could not be sumitted to the
Planning Commission. " I offer the following comments for clarification :
1) In developing the zoning ordinance text and map, effort was made not
to make existing developments non-conforming. Specifically,
§ 19-2 of the PRD regulations states that "Notwithstanding the
requirements and provisions of section 8 . 0, planned development
districts, generally, where certain planned community (PC) or
residential planned neighborhood (RPN) districts have been
established prior to the adoption of this ordinance, such districts
shall be considered to have been established as PRD districts
under this ordinance and shall be so designated on the zoning
map. " Therefore, Wavertree Hall PRD should be considered as ',
conforming to the current ordinance and may be developed in
accordance with the approved preliminary plan as governed by
411
ti
Mr. R. E. Vaughn
Page 2
conditions of approval imposed by the Board of Supervisors .
The new PRD regulations do not apply unless amendment is
sought. You may recall that this issue arose soon after the
adoption of the new ordinance in regard to Ashcroft PRD.
2) Currently, the proposal is to rezone a portion of the PRD.
This matter should be treated as "new business, " just as any
other rezoning, subject to the current ordinance requirements.
You may recall this issue arose when Dr. Hurt and Dr. Langman
sought amendments to Branchlands PUD.
3) The Wildermuths have the right to proceed to public hearing
before the Planning Commission and Board of Supervisors
with their current proposal. Right to public hearing cannot
be foreclosed administratively. The Wildermuths should
consider comments by staff to be informational only, and notl
indicative of any fature action of the Planning Commission or
Board of Supervisors.
RSK/jcw
cc : John L. and Elizabeth W. Wildermuth
Gerald E. Fisher
John Manzano
Floyd Artrip
Eric Goetz
Page Massie
Frederick Payne
•
7025 Wol f t ree Lane
Rockville, Maryland 20852
June 22 198:
Mr. Ronald S. Keeler
Assistant Director of Planning
County of Albemarle
401 McIntire Road
Charlottesville, VA 22901-4596
Re: ZMA-83-7 - Revision of Application to Amend ZMA-78-09
Wavertree Hall PRO by Rezoning not to exceed 10 acres from "Farm
Tract " Designation to RA Rural Areas.
Dear Mr. Keeler-:
Thank you for meeting with us on Monday, June 13, 1983 and for
your letter of June 15 outlining several alternatives for our
consideration to enable our zoning application as referenced
above to be brought in conformance with existing regulations.
After much careful thought and subsequent telephone consultation
with you and with Mr. Robert Vaughan, Zoning Administrator, we
have decided that the most practical solution for us would be the
following: We will reduce the size of the area to be rezoned RA
so that it will in effect be an " island" in the middle of the
PRO. This will now allow the PRO to conform to the original
requirement that the farm tract consist of contiguous land.
Access to this RA area will be by means of a new road spur off of
Kingsway Road at approximately 200 yards from Route 692. We are
enclosing three (3 ) new copies of the composite map of Wavertree
Hall Farm PRO, marked to show the farm tract area and the revised
RA area. The area requested should be defined as "not to exceed
i0 acres. " Please revise our application accordingly.
We wish to retain my application for a Special Use Permit for a
Home Occupation Class 8, for use in my professional engineering
practice. As previously discussed, I will use the block dairy
barn for this purpose, and will need to extend the water service
and provide a separate septic system for this building. It is my
understanding that this will be permitted as a part of the PRO
and Special Use Permit . j,
In making the above revision, we are now left with two problems:
1 ) A need for the erection of suitable signage to identify the
Inn at the Route 692 entrance into the PRO at Kingsway Road. We
have therefore asked John Manzano to submit an application for a
variance to the PRO ordinance to allow us to erect a suitable
lighted freestanding sign at this location, as permitted under RA
zoning. We have not as yet obtained a design for this signage,
but you can be assured that it will be in good taste.
�
Mr Ronald S. Keeler
.
June 22, 1983
Page 2
2 ) The other problem, which was included in your list of
suggested alternatives, is the question of a need to comply with
the requirement for a minimum of 300 acres in the PRD, as stated
in zoning ordinance section 19. 6. 3. Mr. Vaughan' s
interpretation is that this section is not applicable to our
case. To be certain, however, he has suggested and we have asked
John Manzano to include in the request for variance an
application for exemption from this requirement . This request for ^
variance was submitted on June 22, 1983. In this regard, we wish
to be further assured that the area now designated "farm tract ''
will not be redesignated as "common open space" or "open space" .
These latter designations, as variously described in the
ordinance have no commonality with the farming and agricultural
occupancy and usage of the open area as it is now and will
continue to be under our ownership.
Another concern, now that we have eliminated the barn area from
our RA request , is that we will be allowed to conduct Inn related
activities on an occasional basis in the barn area as previously
described in our existing application. Although Mr. Vaughan has
indicated that this should be no problem, so long as it is an
occasional and not an ongoing principal inn activity, we have
asked him for a written clarification / `~�
^ 4 . ^ " `' ~.
Again we would like to thank you for your guidance and assistance
in putting our application in proper form. �
Sincerely,
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Elillbeth W. Wildmrmuth
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ROBERT E.VAUGHN Inspections Department MICHAEL C. MICXELL
DIRECTOR OF INSPECTIONS Assistan[ Building Official
ZONING AO MINISTRA TOR
BUILDING.ZONING.SOIL EROSION ANDREW C.EVANS
JESSE R.HURT FIRE PREVENTION DEPUTY ZONIIIG ADMINISTRATOR
DEPUTY DIRECTOR OF INSPECTIONS
401 MCINTIRE ROAD,ROOM 2-2 IRA B.CORTEZ
CHARLOT'ESVILLE.VIRGINIA ? 01-45-G6 FIRE PREVENTION OFFICER
(804)298-5832
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MEMORANDUM
TO: Ronald S. Keeler
Assistant Director of Planning
FROM: R. E. Vaughn r �''
Zoning Administrator 1 G�
DATE: June 24, 1983 1
_ RE: Wavertree Hall PRD, ZMA-83-7 - Amend
ZMA-78-09 - Request to Rezone Approximately
Ten (10) Acres from PRD to RA
i
The Zoning Administrator has reviewed the application for the rezoning of a 1
portion of the Wavertree Hall PRD and has made the following determinations:
(1) As provided by Section 19.2, this PRD is considered as conforming to
the ordinance.
(2) Changes desired by the application shall be made only by rezoning
application as required by Section 8.5.6.3.
(3) As provided in Section 8.5.5, the Board of Supervisors may approve
the application in accordance with PD and general regulations; may
include specific modifications of PD or general regulations as 1
provided in Section 8.5.4 and also as provided in Section 8.2 of
the ordinance.
(4) The applicant must comply with any floor area and similar ratios
established by the ordinance (Section 8.2) .
(5) Review of this PRD has determined that any rezoning (amendment) to
the PRD must not reduce the open space to less than twenty-five (25)
percent of the area of the PRD. (Section 19.6.1)
Mr. Ronald S. Keele,ow.
June 24, 1983 `ow
Page 2
(6) The required open space should comply with Section 4.7 (Regulations
Governing Open Space) i.e. Section 4.7.1 Intent, Section 4.7.2
Uses Permitted, Section 4.7.3 Character, Section 4.7.4 Ownership
(7) The present PRD has 151.7 acres of "Farm Tract" which provides a
ratio of 64% open space to the total area of the PRD (236 + acres) .
The proposed amendment to the PRD would reduce the PRD to approxi-
mately 226 acres with 141.7 acres of "Farm Tract" to be maintained
as required open space. The proposed amendment would reduce the
open space ratio to sixty-three (63) percent, well within the minimum
area requirements of Section 19.6.1. The "Farm Tract" area appears
to satisfy the intent of Section 4.7.1 based on the fact that the 1
twenty-six (26) residential lots (private ownership) average over
three acres each and provides reasonable recreation area on the
individual lots, meeting the intent of the provisions of Sections
19.6.1, 19.6.2, 19.6.3, and the stated intent of Section 19.1,
third paragraph, which states that open space may serve varied
uses. (One or more uses permitted by Section 4.7.2)
(8) The above interpretations are intended as information only to the
Commission and the Board. Final determinations are reserved to
the Board of Supervisors under Section 31.2.4 of the ordinance.
REV/kjb
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ROBERT w. TUCKER, JR. DEPARTMENT of PLANNING RONALD S. KEELER
Director of Planning 401 McIntire Road Assistant Director of Planning
Charlottesville, Va. 22901 -4596 R. KEI;H MABE
804- 296-5823 Principal Planner
NANCY MASON CAPERTON
Senior Planner
KATHERINE L. IMHOFF
June 15 , 1983 Planner
John L. and Elizabeth W. Wildermuth
7025 Wolftree Lane
Rockville , Maryland 20852
Re : ZMA-83-7 - Amend ZMA-78-09 Wavertree Hall PRD by Rezoning
approximately 45 acres from "Farm Tract" Designation to
RA Rural Areas
Dear Mr. and Mrs . Wildermuth :
On Monday, June 13 , 1983 , Fred Payne, Deputy County Attorney,
and I met with you, John Manzano of Christian Retreats , Inc. ,
and Eric Goetz and Floyd Artrip, residents of Wavertree Hall
PRD. The main purpose of the meeting, which lasted nearly two ',
hours , was to discuss problems with your proposals and outline,
alternatives available to you.
Your proposal is to rezone forty-five acres surrounding the main
house and original dependencies to RA Rural Areas and to obtain
special use permits to operate an inn, restaurant and related
activities within that area. Rezoning of the forty-five acres ,
centrally located in the PRD, would sever the PRD and "farm
tract" into two physically separate areas and would isolate
Lots 12 , 13 and 14 from these two residues .
The prior zoning ordinance under which Wavertree Hall PRD was
approved required that the farm tract "shall, in no event,
contain less than one-hundred (100) acres of contiguous land. "
While your proposal would satisfy the acreage requirement, the
farm tract remaining under PRD designation would not be
contiguous . Your proposal , therefore , does not satisfy the
original provisions under which Wavertree Hall PRD was approved.
Since approval of the Wavertree Hall PRD , a new zoning ordinance
was adopted. Your proposed amendment (i .e . , rezoning forty-five
John L. and Elizabeth W. Wildermuth
June 15 , 1983
Page two
acres to RA) of Wavertree Hall PRD will be treated as "new
business " to be reviewed under current zoning regulations .
Current regulations permit the Board of Supervisors to waive
open space and recreational requirements in favor of a "farm
tract" in the case "of any proposed PRD having a total gross
area of not less than three-hundred ( 300) acres ." Since Wavertree
Hall PRD is currently less than 300 acres, and wqul_d be furth-e . _
reduced by your proposed rezoning, your proposal does not
satisfy current zoning provisions . - - -There are several alternative approaches you may wish to
consider:
1. Instead of continuing the "farm tract" approach, the
residue of the c141)672-acre "farm tract" could be designated as
"open space. " Agriculture is a permitted use in open space.
Generally speaking, in a PRD with open space provision, lot owners
in the PRD, usually through a homeowners ' association, enjoy more
rights and control than is the case for the farm tract at
Wavertree Hall. However, this is not a specific ordinance
requirement. Section 4 .7. 4 of the Zoning Ordinance provides that
"open space in private ownership shall be protected by legal
arrangements sufficient to ensure its maintenance and preservation
for purposes for which it is intended. Such arrangements shall be
subject to commission approval . . . "
2 . Rezone Wavertree PRD to a Planned Unit Development (PUD) .
The PUD provisions would permit establishment of an inn and
restaurant within the PUD itself. Rezoning petition by all
property owners would be required.
3 . Rezone the entire PRD to RA Rural Areas . Rezoning petition
by all property owners would be required.
4. Reduce the acreage to be rezoned RA and add enough acreage to
bring the PRD to the required 300 acres to permit the farm tract.
Wavertree , Oakleigh and a farm tract adjacent to Oakleigh total
316 . 039 acres , which would permit rezoning of 16 acres for the
inn and restaurant.
5 . Seek variances from the Board of Zoning Appeals from zoning
regulations contrary to your proposal.
6 . Seek amendments to the PRD regulations to accommodate your
particular proposals .
410
John L. and Elizabeth W. Wildermuth
June 15 , 1983
Page three
These alternatives should not be deemed as recommended courses
of action, nor as exhaustive of the options available to you.
Each of these alternatives contains advantages , disadvantages
and complexities . As Fred Payne and I both stated, this issue
is complex simply because the PRD concept, in our opinion, does
not contemplate the location of primarily unrelated commercial
uses centrally within the residential community. Please refer
to Section 19 . 1, the Statement of Intent of the PRD, and evaluate
for yourselves the appropriateness of your proposal to Wavertree
Hall PRD.
The Planning Commission and Board of Supervisors , as required
by zoning review procedure, will be made aware of conceptual
aspects related to the PRD through the Staff Report. While I
do not believe you can render this problem as a "non-issue, " I
believe you can improve the posture of your proposal , as I have',
stated from the outset, through community support.
Apparently, when the issue of rights of the lot owners arose in
1978 , Christian Retreats , Inc. had already sold or contracted to
sell to at least 17 individuals . Copies of statements from these
property owners are enclosed for your review. Each of these
statements contains the language : "it is our understanding that
the 'Common Open Space-Farm Operation' means that the farm
operation included in the approved plan will be perpetually
preserved under the management and control of Christian Retreats ,
Inc. " (underlining added) .
In the past, the Planning Commission and Board of Supervisors
have been reluctant to intervene and attempt to resolve issues
internal to a development. In fact, I can recall occasions when
development proposals have not been entertained until issues of
deed restrictions , agreements , representations and the like had
been resolved.
While you have attempted to explain your intentions to the
community, it appears that there is continuing concern and
confusion about the proposal and related zoning matters . In this
case, I believe resolution of concerns to be most appropriately
addressed by yourselves , Christian Retreats , Inc . , and individual
lot owners within Wavertree PRD.
In closing, let me emphasize that the PRD issue is only one aspect
of consideration in your rezoning and special use permit review,
VAtle
John L. and Elizabeth W. Wildermuth
June 15 , 1983
Page four
as I have outlined to you on more than one occasion. I do not
attempt to encourage nor discourage an applicant; however, I do
believe it appropriate and responsible to inform an applicant
of potential problems. Comments in this letter should be deemed
as informational only and not indicative of any subsequent
recommendation to be made by the Planning Staff following
rigorous review and analysis. Comments regarding the Planning
Commission and Board of Supervisors are reflective solely of
past actions of the bodies and should not be deemed as indicative
of any future action by either body.
As Fred Payne and I outlined to you on Monday, your current
submittals do not appear "ripe" at this time to be scheduled for
public hearing due to problems with zoning regulations . Should
this matter be resolved no later than Wednesday , June 22 , 1983 ,
scheduling for July and August hearings may still be achievable,
depending on the course of action chosen. Should you have any
questions or if I may be of further assistance, please do not
hesitate to contact me.
Sincerely,
Nad
Ronald S . Keeler 4/4--.
Assistant Director of Planning
RSK:slr
Enclosures
cc: Gerald E. Fisher
John Manzano
Floyd Artrip
Eric Goetz
Page Massie
Frederick Payne
Page 2 of Home Owners Referenda
(AL)
/ ohn (Lot #18)
•�/i� ,�,, (SEAL)
F1o*d M. Artrip °t #19)
'. s. J---1a,t y I—. (SEAT.)
Frank S. Hassler Jr. (Lot #20)
Jesse t Bloockaorth Jr. (Lot #21)
I
011:11
61IAN R=1T3. RC
CHQITTAN PETAT& LC.
December 14, 1978
To Whcm It May Concern:
As a property owner in the Albermarle County approved RPN A-1 7l4A-78-09,
it is our understanding that the "Common Open Space - Farm Operation" rrnans
that the farm operation included in the approved plan will be perpetually
preserved under the manager:mit and control of Christian Retreats, Inc.
As property owners we relinquish any home owner rights to manage or
control the Wavertree Hall Farm operation.
As a ham owner we understand that the pedestrian path will be preserved.
We also agree that by our own volition we may participate in the restoration
of the farm under the auspices of the fare manager. .
We witness the same by the affixing of our seal.
By:
� (SEAL)
zc:-/C-17
B. Cook (Lot #1)
aims E. Br ookshire (Lot #2)
(SEAL)
Richard W. Cocke (Lot #3)
. n t -z' ZQ (SEAL)
d 't #4b)
, (SEAL)
Robert W. Robson (Lot ;r6)
r
-PCL
=d C.F. Reinicke Jr. Clot #9)
< � (SEAL)
Charles E. Kent (Lot #14)
AT OAKLE GH, BOX 86, GREENWOOD, VIRGINIA 22943, PHONE(703)456-6417
TO WHOM IT MAY CONCERN :
As a property owner in the Albemarle County approved
RPN A-1 ZMA-78-09 , it is our understanding that the
"Common Open Space--Farm Operation" means that the farm
operation included in the approved plan will be perpetually
preserved under the management and control of CHRISTIAN
RETREATS, INC. •
As property owners, we relinquish any homeowner rights to
manage or control the Wavertree Hall Farm Operation.
As a homeowner, we understand that the pedestrian path will •
be preserved. We also agree that by our own volition, we
may participate in the restoration of the farm under the
auspices of the farm manager.
We witness the same by the affixing of our seal.
047, tc V
` -- `1 o�Cs., «1
'A 1 - k2c--, <.- ram_ f
SHIRLEY A. KROC EN@ERGER
Notary Public,State of New York
Qualified in Erie County' c�
My Commission Expires March 30. 19 U )
/ 2-1147r
alle;rz jyz asytc4Ari
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•
•
•
December 15, 1978
TO WHOM IT MAY CONCERN:
As &property owner in Albemarle County approved RPN A-1 ZMA-78-09,
it is my understanding that the "Common Open Space - Farm Operation"
means that the farm operation included in the approved plan will
• be perpetually preserved under the management and control of
Christian Retreats, Inc.
•
As &property owner, I relinquish any home owner rights to •
manage or control the Wavertree Hall farm operation.
As a home owner, I understand that the pedestrian path will be
preserved. I also agree that by my own volition, I may participate
in the restoration of the farm under the auspices of the farm
manager.
I witness the same by the affixing of my seal.
•
•
•
I. 6.,e4_,Zt—,..3
zoo.); CUay15, NoTA R0{
ftly Com'nls,sIo F xP P 5 TuLY t , 19. 7 ,
TO WHOM IT MAY CONCERN :
As a property owner in the Albemarle County approved
RPN A-1 ZMA-78-09, it is our understanding that the
"Common Open Space--Farm Operation" means that the farm
operation included in the approved plan will be perpetually
preserved under the management and control of CHRISTIAN
RETREATS, INC.
As property owners, we relinquish any homeowner rights to
manage or control the Wavertree Hall Farm Operation.
As a homeowner, we understand that the pedestrian path will
be preserved. We also agree that by our own volition, we
may participate in the restoration of the farm under the
auspices of the farm manager.
•
We witness the same by the affixing of• our seal.
44.uufr, . I' ' (-
SuxR N S
SH.RLCY A. KRO NENOERGER
Notary Puclic,Stale of New York
Qualified in Erie County oonn
MY Commission Expires March 30, 194L
•
•
•
ENK 667 PACE0094
ATTACHED SCHEDULE OF PROPERTY CONVEYED TO THE TRUSTEES:
ALL those certain tract; pieces, and parcels of land, together with all
improvements thereon and appurtenances thereto belonging, lying and being in
Samuel Miller District of Albemarle County, Virginia, containing 182.50 acres,
more or less, known as part of Wavertree Hall Farm, and shown on plat dated
January, 1978, revised June 14, 1978, made by Wm. Morris Foster, Professional
Land Surveyor, and to which reference is hereby made for a more specific
description of the property herby conveyed. Said plat is recorded in the
( Clerk's Office, Circuit Court, Albemarle County, Virginia, in Deed Book 649,
Page 145. the parcels hereby conveyed are shown thereon as Deed of
Trust Parcels "A", "C", "D", "E", and "F".
LESS AND EXCEPT Lots 18, 19, 20, 21, 22, and 23 containing 18.862 acres,
being part of Deed of Trust Release Parcel "A" as shown on the aforementioned
plat, recorded in Deed Book 649, Page 145, and which released Lots are more
specifically shown on attached plat of survey entitled "Plat Showing Lots 16-23,
Wavertree Hall Farm, Samuel Miller Magisterial District, Albemarle County, Virginia,"
dated August, 1978, made by Wm. Morris Foster; and
LESS AND EXCEPT Lots 1, 2, 3, 4A, and 48, containing 19.118 acres,
being part of Deed of Trust Release Parcels "C" and "D" as shown on the afore-
mentioned plat, recorded in Deed Book 649, Page 145, and which released Lots
• are more specifically shown on attached plat of survey entitled "Plat Showing
Lots 1-4B, Wavertree Hall Farm, Samuel Miller District, Albemarle County,
Virginia," dated August, 1978, maded by Wm. Morris Foster; and
LESS AND EXCEPT Lots 6, 9, 10, 11, the Open Space, 12, 13, and 14, containing
•
18.066 acres, being part of Deed of Trust Release Parcel "E" as shown on the
aforementioned plat, recorded in Deed Book 649, Page 145, and which released
parcels are more specifically shown on attached plat of survey entitled "plat
Showing Lots 5 - 15, Wavertree Hall Farm, Samuel Miller District, Albemarle
County, Virginia," dated October, 1978, made oy Wm. Morris Foster; and
LESS AND EXCEPT Deed of Trust Release Parcel "F" as shown on the aforementioned
plat, recorded in Deed Book 649. Page 145, and containing 6.b acres, more or less.
BEING PART OF THE SAME REAL ESTATE CONVEYED TO Christian Retreats, Incorporated,
a Virginia corporation, by deed from Katherine Newcomb Warner and Richard N.
Warner, her husband, dated June 15, 1978; and by deed of gift from Penelope 0.
Newcomb and Hisachika Takahashi, her husband, dated June 15, 1978, of record in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia. in Deed Book
649, page 124, and in Deed Book 649, page 131, respectively.
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°Q .>u CEa 9-. 134-1
4r '! `p . Rmyy 8Ji 1 made this 13th day of
March, 1979, by and between CHRISTIAN RETREATS, INC., a Virginia
non-profit corporation, herein referred to as party of the first
part; and THEODORE MARTIN, single, hereinafter called party of
the second part;
WITAESSETH
WHEREAS, party of the first part is the owner of
certain real estate located in the Samuel Miller District of
Albemarle County, Virginia, known as Wavertree Hall Farm; and
WHEREAS, party of the second part now owns 10.210
II acres that was once part of Wavertree Hall Farm and which property
is more particularly described as Tract 4 on plat recorded in
Deed Book 649, page 127, in the Clerk's Office of the Circuit
Court of Albemarle County, Virginia; and
WHEREAS, the party of the first part desires to allow
the party of the second part access to the existing central
water system servicing Wavertree Hall Farm as well as the right
} to draw water from said central water system.
III
�, NOW, THEREFORE, for and in consideration of the sum
III .
' of One Dollar ($10.00) , cash in hand paid, receipt whereof is
hereby acknowledged, the benefits it may derive therefrom, and
other valuable considerations, the party of the first party doth
hereby grant and convey unto the party of the second part, its
bill successors or assigns, the following described easement:
1 I The non-exclusive right, privilege, and easement of
ingress and egress across the property belonging
to the party of the first part from the land
' I owned by the party of the second part to the
central water system servicing Wavertree Hall
i Farm. Said easement also grants theparty of
second part the right to draw water from the
1 central water system as well as construct,
1 I operate and maintain, at its own expense, all
conduits and other plumbing facilities neces-
sary to deliver water to the aforementioned
property belonging to the party of the second
rtNocwiON
part.
POLLARDiN .u.n■
This easement is given to the party of the second part,
) his heirs, executors and assigns and this easement shall run
Iwith the land.
'
-1:1
WAVERTREE HALL FARM 13y,D.
COCK 6 6 7 PACED I 0 I DECLARATION OF RESTRICTIONS ,•)
_
COVENANTS AND CONDITIONS .�, ; j��4, '/
IMPOSED BY � '1 9/+�
ejo
CHRZSTIAN RETREATS, INC. k,ket 1
THIS DECLARATION made on the date hereinafter set forth
1 i by Christian Retreats, Inc., a Virginia non-profit corporation, 4446
hereinafter referred to as the Declarant,
W I T N E S S E T H :
ii
WHEREAS, the Declarant is the fee simple owner of23854acres
of real estate Zoned RPN-Al located in the Samuel Miller Magisterial
District of Albemarle County, Virginia, and it desires to subject
part of this property as described in Exhibit A (plat of Lots 1-4B,
Wavertree Hall Farm, dated August, 1978, prepared by Wm. Morris Foster,
Professional Land Surveyor) , Exhibit B (plat of Lots 5-15,
Wavertree Hall Farm, dated October, 1978, prepared by Wm.
Morris Foster, Professional Surveyor) , Exhibit C (plat of Lot
14A, Wavertree Hall Farm, dated January 22, 1979, prepared by
Wm. Morris Foster, Professional Land Surveyor) and Exhibit D
(plat of Lots 16-23, Wavertree Hall Farm, dated August, 1978,
prepared by Wm. Morris Foster, Professional Land Surveyor)
to the covenants, restrictions, easements and charges herein-
i
after set forth, each and all of which is for the benefit of
{
said property and the owners thereof.
NOW THEREFORE, the Declarant declares that the real property
described in Exhibit, A, B, C, and D attached hereto is and
shall be held, transferred, sold, conveyed and occupied sub-
ject to the covenants, restrictions, easements and charges
j
r
hereinafter set forth, and to any and all valid amendments hereto.
These easements covenants, restrictions and charges shall be
covenants running with the land and shall be binding upon any
I and all parties who have, or acquire, title to all or any part
of the above described properties and shall inure to the benefit
of each owner thereof. All other property of the Declarant zoned
{ RPN-A1 shall be used as a Farm Operation and shall not be subject
,, to the aforementioned restrictions.
.•
I ,
111111111111111111
hE 1
{ Ecx 6 6 7 PACEQ 1 0 2 ARTICLE I
DEFINITIONS
Section 1.01. Declaration. The term Declaration as used- t,
herein shall mean the restrictions, covenants and conditions and
all other provisions herein set forth in this entire document, 4 •
as it may from time to time be amended.
1
Section 1.02. Common Area. The term Common Area as used
•
herein shall mean all of that real property reserved for the common
use and enjoyment of the lot owners and the Farm Operation parcel.
The Common Area to be reserved at the time of the conveyance of the
first Lot is to include the area within the bounds of Emmaeus Road,
Kingsway Road, Ne ther Springs Road, a bark mulch path shown as a 20
foot Walkway Easement, and another bark mulch path shown as• 4. , all as more particularly described
in Exhibits E, F, G, H, and I attached hereto and by this .
reference made a part hereof.
Section 1.03. Lot. The term Lot as used herein shall
{ mean and refer to any plot of land designated as a Lot upon the
most recently recorded plats of Wavertree Hall Farm, but the e
term Lot shall not include all or any part of the Common Area or
the Farm Operation Parcel.
Section 1.04. Owner. Owner as used herein shall mean and
s
refer to the record owner, whether one or more persons or
entities of the fee simple title to any Lot, including contract
sellers, but excluding purchasers who have not yet taken title
i and further excluding those holding such interests solely as
securities for the performance of an obligation. In the case where
ia Lot is held by one or more persons for life with remainder to
another or others the term Owner shall mean and refer only to
j such life tenant or tenants until such time as the remainderman
or remaindermen shall come into use, possession, or enjoymentII
of such Lot.
I
1
t
a:.:x 6 6 7 PAGE° 1 0 3
ARTICLE II
ARCHITECTURAL CONTROL
Section 2.01. Committee Composition. The Architectural
III
Control Committee, hereafter the Committee, will be composed
initially of Floyd M. Artrip, Eric Goetz and John Manzano.
When the Declarant has conveyed the last of the aforementioned
Lots or at such earlier time as the Declarant in its sole descre-
tion deems appropriate the Declarant thereafter will annually
{ appoint one person to serve as a member of the Architectural
Control Committee and a majority of the lot owners will
simultaneously elect two other persons to membership on
this committee.
Section 2.02. Purpose. The Committee shall regulate the
• external design, appearance, use and location of the Lots and
improvements thereon in such a manner so as to preserve and
enhance property values, to maintain a harmonious relationship
among structures and the natural vegetation and topography and
to conserve existing natural amenities.
Section 2.03. Conditions. No improvements, alterations,
repairs, changes in color, excavations, changes in grade, major
landscaping or other work which in any way alters the exterior
appearance of any property or improvement located thereon from
its natural or improved state existing on the date such property
was first conveyed in fee by the Declarant to an Owner, shall be
made or done until the plans, specifications, working drawings,
and proposals for the same showing the nature, kind, shape, type,
color, materials and location thereof shall have been submitted
I �( and approved in writing by the Committee pursuant to Section
2.04. No building, fence, wall, residence, or other structure
shall be commenced without prior written approval of the Committee.
I { Section 2.04. Procedure. In the event that the Committee
fails to approve, modify, or disapprove in writing a request for
-3-
� I
V
I
C^9K 6 6 7 PAGED 10 4
approval required herein within 30 days after plans, specific-
ations, or other appropriate materials have been submitted in
writing to the committee, approval will be deemed granted.
ARTICLE III
USE RESTRICTIONS
Section 3.01. The Lots shall be occupied and used as
follows:
a. No Lot shall be used except for residential and/or
agricultural purposes. No building shall be erected, placed, s
altered or permitted to remain on any Lot other than: One (1)
detached single-family dwelling; outbuildings consistent with i
residential use; and a private garage for not more than two (2)
automobiles; provided that their respective plans and specific-
ations have been approved in writing by the Architectural Control
Committee. a
b. No building, including outbuildings and garages shall be
located less than fifty (50) feet from the front lot line, less
than thirty (30) feet from a side line, and less than fifty (50)
q.
feet from a rear lot line.
c. No Owner shall do or keep or permit anything to be done •
or kept in his Lot, which would result in the cancellation of
insurance on any Lot, or which would be in violation of any law.
d. No sign of any kind, with the exception of a standard
real estate "For Sale" or "For Rent" sign, shall be displayed to
the public view from any Lot. s
e. No animals, livestock or poultry of any kind shall be
1 _
raised, bred, or kept on any Lot, except that dogs, cats or other
common household pets may be kept.
f. No noxious, boisterous or offensive activities shall be
carried on in any Lot, nor shall anything be done thereon that
may become an annoyance or nuisance to the other Owners or injure
the value of the neighboring property.
`�- -4
i
t
COOK 6 61 PAGE6 I 0 5
g. No Lot shall be used as a dumping ground for rubbish,
trash, garbage or other waste, nor shall same be kept except in
sanitary containers. All incinerators or other equipment for the
storage or disposal of such materials shall be kept in a clean
and sanitary condition.
Section 3.02. Utility and drainage easements. The Declarant
reserves unto itself, its successors and assigns a perpetual and
alienable easement and right-of-way above ground and under ground
through all area subject to this Declaration and any supplementary
Declaration, whether within roads or the boundaries of Lots, and
excepting only approved building areas, to construct, maintain,
inspect, replace and repair electric and telephone poles, wires,
cables, conduits, pipes, and other suitable equipment for the
• conveyance of water, telephone, electricity, cable communications
and other utilities and public conveniences and storm and surface
fwater drainage, together with the right of ingress and egress to
l all such facilities and easements for the construction and
. I
I maintenance thereof. The easements provided for in this section
F shall include the right to cut any trees, brush, and shrubbery,
• }
and take other similar action reasonably necessary to provide
t economical and safe utility installation and drainage service.
The rights herein reserved may be exercised by a licensee of
i the Declarant, but shall not be deemed to impose any obligation
upon the Declarant to provide or maintain any utility or drainage
services. The Declarant covenants for itself, its successors
and assigns to place of record a plat showing the location of any
poles, wires, cables, conduits, pipes or other equipment installed
•
j or constructed pursuant to this easement. Any damage resulting
from the use of the easements hereby reserved shall be promptly
rectified at the expense of the entity causing such damage.
1 i
-5-
t
�#
.
•
e".21( 6 6 7 PAGE() I Q 6 ARTICLE IV �l
PROPERTY RIGHTS IN THE COMMON AREAS
Section 4.01. Subject to the provisions of this Article
IV, every lot owner shall have the right of and a nonexclusive
easement of ingress and egress to and from his respective Lot
and State Route 692 over the Common Area which easement shall
be appurtenant to and pass with the title to every Lot. The
right of each lot owner to the use and enjoyment of the Common
Area shall extend to his immediate family, tenants or contract
purchasers, provided that such persons reside on the property
of the lot owner, and to the guests and invitees of the lot
owner or such persons to whom the lot owner's right to such •
use and enjoyment extends.
Section 4.02. The Declarant hereby reserves an easement in
the Common Area unto the owner of the Farm Operation parcel,
subject to a lien of any deed of trust which is in existence
as of the date of filing of this Declaration.
Section 4.03. It is hoped that Emmaeus Road, Kingsway Road,
and Nether Springs Road as shown on the aforementioned plats will
one day be accepted into the State system and will thereafter
be maintained by the Virginia Department of Highways or other
public agency. There are no assurances, however, that the roads
will be accepted into the state system. UNLESS AND UNTIL SUCH
ACCEPTANCE INTO THE STATE SYSTEM THE ROADS WILL BE PRIVATELY
MAINTAINED BY THE LOT OWNERS IN ACCORDANCE WITH THE PROVISIONS
OF THIS DECLARATION, AND WILL NOT BE MAINTAINED BY THE COUNTY
OF ALBEMARLE, THE COMMONWEALTH OF VIRGINIA OR ANY OTHER PUBLIC
AGENCY.
Section 4.04. The rights and easements of enjoyment created
• hereby shall be subject to the right of the Declarant to grant
easements for public utility purposes to any public utility for
the purpose of installation or maintenance of necessary utilities
to serve any Lot including the extension of said utility to ad-
jacent properties.
-6-
4442
r.
L
ti
t
E_ c CGl PAGEI07ARTICLE V
COVENANTS FOR MAINTENANCE ASSESSMENT I -
Section 5.01. The Declarant for each Lot owned by it hereby
III covenants that each lot owner as well as the owner of the Farm
Operation Panel by acceptance of a deed therefor, whether
or not it shall be so expressed in any deed or conveyance,
-,s
shall be and is hereby deemed to covenant and"
Zmiropoxtionate shay .,
epa#tattcmafaa
cue
te
an i
to tha »gthich services their property when-
_
ever a majority of the lot owners serviced by said road deem
such maintenance or repairs necessary. A-mp, smv-nF THE_LOT---z
OWNERS SERVICED BY A ROAD SHALL DETERMINE THE STANDARDS TO
I WHICHBHA' -ROA B-=.T BE CO R .Tbu D'DINED. THE COST
1 OF REPAIRS AND MAINTENANCE TO THE WALKWAY EASEMENTS SHALL BE
BORNE EQUALLY AMONGST ALL OF THE LOT OWNERS. All property owners
I shall be liable for their share of the cost of repairs and mainten-
I1 ance of the Common Area and shall pay to the person or corporation
III
i performing such repairs or maintenance said share of the costs
I thereof within thirty (30) days after a bill for such charges
1 t
is submitted by the person or corporation performing such re-
pairs or maintenance. If not paid within said time period the
amount due by each property owner shall bear interest at the.
I
ii
maximum rate provided by law and the other property owners liable
• i for said charges or the person or corporation performing such
Ii repairs or maintenance may bring an action at law against the
I
property owner obligated to pay said share of said charges or fore-
! I4 close the lien hereinafter provided for against such property owner's
property and interest, costs and reasonable attorney's fee shall
E be added to the amount of such charge for which such property owner
Iis responsible.
i
] ; Section 5.02. There shall be a continuing lien upon each
of lot and the farm operation parcel to secure the payment of the
4 charges herein provided for repairs or maintenance to the Common
Area but such lien shall at all times be subject to any first or
1 - 7 -
-02
a �
B;°X 6 6 l PAGED I 8
second mortgage or deed of trust placed on the property at any
time. If the said share of any costs of repairs or maintenance is
not paid by any property owner within thirty (30) days after the same
becomes due and payable, a notice of such non-payment as to such prop-
erty may be recorded by the other property owners or by the person or
corporation performing such maintenance or repairs in the Clerk's
Office of the Circuit Court of Albemarle County, and from the time
of such recordation the amount stated in the notice with interest,
costs and reasonable attorney's fees shall become a lien prior
to any first or second mortgage or deeds of trust recorded
subsequent to the date of such notice.
Section 5.03. The following properties subject to this
Declaration shall be exempt from, the charges and liens created
herein:
a
a. All properties to the extent of any easement of other
interest therein dedicated to ar.d accepted by the State of
ffi
Virginia or any agency or political subdivision thereof devoted
to public use.
b. All Common Area
ARTICLE VI
DECLARATION OF ROAD DEDICATION
1 The Declarant hereby dedicates to public use for future
road widenings a strip of land hive (5) feet in width %Jhich is
• located along and parallel to t:1e existing right-of-way on the
south line of State Route 692. See attached plats (Exhibits 1
A and D) for a more detailed description of the property hereby
dedicated. The Declarant also dedicates to public use for future
road widenings all of that area of land owned by the Declarant
which is located within twenty-five feet of the present center-
] line of State Route 637. See attached plats (Exhibits 0, C, and
0) for a more detailed description of the property hereby dedicated.
•407
4 •
I I
MOMMUMMIIIMMEMMIIM
C;CX 6 6 7 PACE) 10 9
ARTICLE VII
GENERAL PROVISIONS
Section 7.01. The Declarant expressly reserves unto it-
self, its successors and assigns an exclusive right of first
refusal to purchase any Lot subsequently marketed for sale. The
Declarant agrees to execute a contract to purchase any Lot offered
for sale within two weeks after receiving notice of the lot
owner's intentions to sell. The Declarant furthermore agrees
to settle within 60 days of contract execution and will pay fair
market value as determined by an M.A.I. Appraiser. In the event
the Declarant fails to contract or to settle within the time
frames stated herein, the Declarant waives all rights under this
paragraph.
Section 7.02. Enforcement. The Architectural Control
Committee as well as any Owner shall have the right to enforce
by a proceeding at law or in equity, restrictions, conditions,
covenants, reservations, liens and charges now or hereafter im-
•
{ III
posed by the provisions of this Declaration. Failure by any
party to enforce any covenant or restriction herein contained
shall in no event be deemed a waiver of the right to do so
thereafter.
Section 7.03. Invalidation. Invalidation of any one of
these covenants or restrictions by judgment or court order shall
in no event be deemed a waiver of the right to do so thereafter.
Section 7.04. Restriction on further subdivision. No Lot
shall be further subdivided or separated into smaller Lots by
an Owner without the written consent of the Declarant, its
successors or assigns, and no portion less than all of any such
Lot shall be conveyed or tran§ferred by an Owner; provided how-
•
ever that this shall not prohibit deeds of correction, deeds
{ to resolve boundary line disputes and similar corrective
instruments. No Lot shall be used as a roadway for access to
1
i
-9-
,4441
I
}
'ter
•
870x 6 6 7 PAGEO I I 0
any property lying outside of the boundaries of the Development
without the written consent of the Declarant, its successors
or assigns.
Section 7.05. Duration. The covenants and restrictions of
1 this Declaration shall run with and bind the land for a term of
twenty-five years from the date 1:his Declaration is recorded, ,
i
and thereafter shall be automatically renewed for successive
periods of ten years each unless terminated as provided for in
1
Section 7.06.
Section 7.06. Termination and amendment. This Declaration
may be terminated at the end of the original or any renewal
• '-'''" period upon the recordation of any instrument in the appropriate
▪ • Clerk's Office signed by two-thirds of the then Owners agreeing
,,▪ ?�ii ,,:i`f.i.•
;,./:; ',... to such termination or change in, this Declaration in whole or
:';j }1 T3,4:"cart.
-••'� Cc.:. s_, March 15, 1979 CHRISTIAN RETREATS, INC.
i� Sy:.')L!?yy,.G(1(� I`Ci U (SEAL)
STATE OF VIRGINIA,
•? CCU//I', OF /1/heniot-/e to-wit:
The foregoing instrument was acknowledged before me in my •
County and State aforesaid by jcifn e✓ /c- �Q,N✓e c • • •
My commission expires: / 'b . / /yf L
//, •l :.,:': ,r/
v / Notar7 Public ,,, n •7.
111
' ,40"
-lo-
_ _ - ---
1 1
mow-
•
6 6 7 PAGED I I I
EXHIBIT A
ALL those certain lots, pieces or parcels of land, to-
gether with all appurtenances thereto belonging or in
anywise thereunto appertaining, lying, being and situate
in Samuel Miller Magisterial District, Albemarle County,
Virginia, and designated as Lots 1, 2, 3, 4-A and 4-B
on plat styled "Wavertree Hall Farm (Lots 1-4B)", dated
August, 1978, made by Wm. Morris Foster, Professional
Land Surveyor, a copy of which plat is attached hereto
and to which plat reference is hereby made for a more
specific description of the property herein conveyed.
EXHIBIT B
ALL those certain lots, pieces or parcels of land, to-
gether with all appurtenances thereto belonging or in
anywise thereunto appertaining, lying, being and situate
in Samuel Miller Magisterial District, Albemarle County,
Virginia, and designated as Lots 5, 6, 7, 8, 9, 10, 11,
12, 13, 14 and 15 on plat styled "Wavertree Hall Farm
(Lots 5-15)", dated October, 1978, made by Wm. Morris
Foster, Professional Land Surveyor, a copy of which plat
is attached hereto and to which plat reference is hereby
tt' made for a more specific description of the property
•
$ herein conveyed.
EXHIBIT C
ALL that certain lot, piece or parcel of land, together
with all appurtenances thereto belonging or in anywise
thereunto appertaining, lying, being and situate in
Samuel Miller Magisterial District, Albemarle County,
Virginia, and designated as Lot 14A on plat styled
"Wavertree Hall Farm (Lot 14A)", dated January 22, 1979,
made by Wm. Morris Foster, Professional Land Surveyor,
a copy of which plat is attached hereto and to which plat
reference is hereby made for a more specific description
of the property herein conveyed.
{ EXHIBIT D
ALL those certain lots, pieces or parcels of land, to-
gether with all appurtenances thereto belonging or in
anywise thereunto appertaining, lying, being and situate
in Samuel Miller Magisterial District, Albemarle County,
Virginia, and designated as Lots 16, 17, 18, 19, 20, 21,
22 and 23 on plat styled "Wavertree Hall Farm (Lots 16-
23)", dated August, 1978, made by Wm. Morris Foster,
111 Professional Land Surveyor, a copy of which plat is attached
hereto and to which plat reference is hereby made for a
more specific description of the property herein conveyed.
•
mrimismarinswararge
Qa�Y 6 6 7 PACE() 112
EXHIBIT E
ALL that certain piece or parcel of land, together with
all appurtenances thereto belonging or in anywise thereunto
appertaining, lying, being and situate in Samuel Miller
Magisterial District, Albemarle County, Virginia, containing
21.744 acres, and designated as Emmaeus Road on plat
styled "Wavertree Hall Farm (Lots 1-4B)", dated August, 1978,
made by Wm. Morris Foster, Professional Land Surveyor, a copy
of which plat is attached hereto and to which plat reference
is hereby made for a more specific description of the
property herein conveyed.
EXHIBITS F and G
All that certain lot, piece or parcel of land, together with
all appurtenances thereto belonging or in anywise thereunto
appertaining, lying, being and situate in Samuel Miller
Magisterial District, Albemarle County, Virginia, containing
• 37.506 acres, and designated as Kingsway Road on plats
styled "Wavertree Hall Farm (Lots 5-15) and (Lot 14A)", dated
October, 1978, and January 22, 1979, respectively, r.iade by
Wm. Morris Foster, Professional Land Surveyor, copies of
which plats are attached heret.o and to which plats reference
is hereby made for a more specific description of the
property herein conveyed.
I
EXHIBIT H
ALL that certain piece or parcel of land, together with
all appurtenances thereto belonging or in anywise thereunto
appertaining, lying, being and situate in Samuel Miller
Magisterial District, Albemarle County, Virginia, containing
27.614 acres, and designated as Nether Springs Road on plat
styled "Wavertree Hall Farm (Lots 16-23)", dated August, 1978,
made by Wm. Morris Foster, Professional Land Surveyor, a copy of
which plat is attached hereto and to which plat reference
is hereby made for a more specific description of the
property herein conveyed.
EXHIBIT I
ALL that certain piece or parcel of land, together with
all appurtenances thereto belonging or in anywise thereunto
appertaining, lying, being and situate in Samuel Miller
Magisterial District, Albemarle County, Virginia, containing
1.a t acres, and designated as a 20 Foot Walkway Easement and
a 10 Foot Walkway Easement, respectively, on plat styled
"Walkway Easement--Wavertree Hall Farm", dated February 22, 1979,
made by Wm. Morris Foster, Professional Land Surveyor, a copy of
which plat is attached hereto and to which plat reference
is herby made for a more specific description of the property
herein conveyed.
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