HomeMy WebLinkAboutVA199100005 Application 1991-01-04 /5 AL V C.
BS, FILE NUMBER
APPLICATION
FOR: (<c
-7
(checkone) .. I 4-4i
RI/VARIANCE7-1.-07DATE SUBMITTED
SPECIAL USE PERMIT $
FEE PAID (see reverse)
E REZON
ING —
fl ZONING TEXT AMENDMENT kIRGIV'' �q MOBILE HOME DA 1'711
TE OF PRELIMCONF.
fl HOME OCCUPATION ;
ACCESSORY TOURIST LODGING STAFF AT PRELIM. CONF.
OWNER (as curr.g,t1 liste in Real Estate) Day
Name La(- f1cij,[ Phone ( )/o21 -ff'3r1 li
Address U A t ; '( 49G40! `f V' 73tQ'JO
'�o�� E'�� � � �jhUE' � t � 1
APPLICANT (if different, from owner) Day nn
Name �i1`�1 (-('1(t2 �J l T-t1 C Phone ( )417- lS'D
Address 02,oo H tiS LA!fiij
CONTACT PERSON (if afferent fr above) Day
Name - A1,. IL' .t.:A bM. wt Phone (_) a-a'd/
Address f;I(le /41 11
LOCATION: f..Qci nk li•zit 0CL2,'`^L'e5 16=-," 9Z? 14
TAX MAP/PARCEL NUMBERS (use reverse if needed)
1. C & 0 - C..). - 17.0 - _0 2 23�Q 3.
2. - - - 4. / - - -
EXISTING ZONING RA PROFFERED? Yes ✓ o _ Acreage if different
DESIRED ZONING RA PROFFERED? Yes , No _ Acreage if different
EXISTING USE V l
PROPOSED USE
ORDINANCE SECTION(S): it, L . a 71'
DESCRIPTION OF REQUEST: c. 4 X 40' 14Aue
JUSTIFICATION FOR REQUEST:
• The foregoing information is complete and correct to the best of my
knowledge. I have read and understand the provisions of the Albemarle County
Zoning Ordina ce applic to t . 's applica ion.
i
Al • Signed `! `^ " �e.r. 4. , Date / 7/ , 19 dr t
(Owner, Contract Purchaser, Agent)
Fee $ (0 UU Date Paid k / n /a L Received By J -Fair,
Notes: C�.i 2 "-TOJ KA { i \ \ "
5 Site Review Date: ---/---/_ PLANNER: Recommendation:
5) VA-91-05 . Sara Dudley. (owners)
at Cobham, approx 40Q f T � ' PrOpert n�il 'S
TM66/P38. A-- "
�1 L��l�z U Sld2
llcant seeks aO lne, zoned Rural°f Rt 22
from 25 to 12 ft for constructionaof e to reduce the s . Areas.
Board of Zoning Appeals La��. _ a new house, side setback
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AGREEMENT OR
T IS AGREEMENT, made this NATIONWIDE HOMES
Co pordtlon authorized to do busine in the State of ay of Aug..___ , 1940_ by and between Nationwide Homes , Inc., a Delaware
Sara Duri 1 ey of Albemare County, VA ,hereinafter referred to as"Buyer'. Nationwide", and
l
1. Basis of Agreement: That for the consideration hereinafter set forth,Nationwide agrees to sell and Buyer agrees to purchase,
upon the terms and conditions set forth in this Agreement,
()a. The land described as follows: Lot# ,Section#
Subdivision_A 1 heron ,Block#___ t a t P Rna jt mar 1 e County,State of Virgin i a together with,
)b. A house to be built thereon by Nationwide according to Nationwide's Halifax
work-
manlike manner substantially in accordance with plans and specification s which have been reovi wed by Buyer(collec-
tively called"property"),
()c. An existing house.Buyer hereby agrees to accept house in its present condition.
Model homes,if any,and any advertising or promotional materials used or displayed by Nationwide are for display purposes
only and are not the basis of the bargain between Nationwide and Buyer.The obligations of Nationwide under this Agreement shall
be determined solely by reference to the plans and specifications referred to above and the terms of this Agreement.
2. Sales Price and Schedule of Payments: The price of the house 0 with lot Ila without lot $ 60,500.00
The sales price is payable as follows:
(a) Buyer has made a deposit of$ 00.00 with Nationwide,receipt of which is hereby acknowledged and such amount shall
be held in escrow until the date of settlement and then applied to down payment and/or pre-paid items.
(b) Additional cash payment on or before 45 days from date of agreement
(A minimum of pitp%is due and payable when loan is approved and house released for prod0uctiion).
(c) Balance due upon settlement to be paid by cashier's check or a check from a title company approved by Nationwide
Homes,Inc $ 60,500.00
3. Schedule of Construction:Construction by Nationwide shall be completed in accordance with Item 1 and settlement shall take
place in accordance with Item 3 and 7 on or before one hundred twenty(120)days after house placed on foundation.
(a) In the event of delays caused by non-delivery of materials or inability to construct on the premises due to acts of God,floods,
rain,fire,strikes,bad weather, delays caused by other independent parties such as governmental agencies or utility com-
panies, etc., the time for completion of construction shall be extended for a period of time equal to the length of the delay.
(b) In the event that on the settlement date scheduled in accordance with the Agreement the house shall be otherwise habitable,
but such items as landscaping, exterior concrete, driveways, final grading and exterior painting cannot be completed by
reason of weather conditions,settlement shall be consummated on the date so scheduled so long as temporary access to the
property shall be provided by Nationwide. Nationwide agrees that such uncompleted items shall be completed as soon as
weather conditions permit.
(c) Any items determined to require corrective action as a result of the pre-settlement inspection conducted by Nationwide and
Buyer will be completed as soon as is practical, but is not cause for delaying settlement if all other conditions of this contract
have been fulfilled.
(d) In the event that Nationwide is unable to obtain the materials specified on the plans or specifications or the items shown on
the pre-construction conference report through reasonable sources of supply,Nationwide shall have the right to substitute
materials of similar pattern and design and substantially equivalent quality.
(e) The location and ground elevation of the home on the lot and the necessity,if any,to reverse the plan of the house to conform
to the existing lot contours are to be determined by Nationwide,at its sole discretion.
(f) Nationwide may remove such trees from the lots as it deems necessary to construct the house; and it shall not be responsible
for any damage to or destruction of remaining trees during or resulting from the process of construction.
4. Well: It is agreed that Nationwide will provide a well and pump to meet State and local code requirements.itkattbormickvic
Wei tuH ruclucsuptkxfrichxlexx aflmurcootSxxxxxxxxxxxncrkptmxttoc l
toklatiamistaa aancoliasittxx �aspa xXOc x�A at�cxsoxacx Guaranteed Water
5. Septic It is agreed that Nationwide will provide a septic system to meet state and local code requirements.It is further agreed
that the purchase price includes a septic allowance of$ 1 ,850.00 and that thc buyer agrees to pay any excess costs over said allowance
to Nationwide at loan closing.
6. Abnormal Conditions: In the event that rock,water or any other abnormal conditions are encountered during excavation,
work shall stop.Nationwide shall show the conditions to the buyer and a writtern agreement shall be made for the extra work necessary
to correct the abnormal conditions. The Buyer shall bear the costs of these abnormal conditions.
7. Settlement: After completion of construction in accordance with this Agreement,settlement shall take place on a date and
at a place to be selected by Nationwide on not less than ten(10)days'notice to Buyer.Upon payment by Buyer of the balance due Nationwide
and expenses of settlement and all proper fees and charges in connection with it, and if land is being purchased from Nationwide,
Nationwide shall convey the property to Buyer by general warranty deed,subject to the provisions of Item 17,as hereinafter set forth.In
the event that Buyer refuses to settle at the date specified by Nationwide,in accordance with this paragraph,Nationwide at its option,may
hold the Buyer in default under Item 11,or Nationwide may elect,at its discretion,to extend the time for settlement for successive periods
of 30 days beyond the previously established date,provided that Buyer pays to Nationwide a fee of 1%of the sales price in advance for each
such 30-day extension. Should Buyer not settle within any extension,Buyer shall be in default of this Agreement under Item 11.The buyer
may at time of settlement require full waiver of lien. Final payment shall constitute acceptance.
8. Possession: Posession shall be given to Buyer only upon Nationwide's receiving the balance of the purchase price and not
prior thereto. Accordingly,Buyer shall not have right to enter upon or occupy the property without the written consent of Nationwide,
and any breach of this provision by Buyer shall constitute a default under the terms of this Agreement.
9. Construction Loan and Construction Interest: If lot is not in the name of Nationwide Homes,then Buyer agrees to provide
construction note and first deed of trust acceptable to contractor,along with an acceptable title opinion.Construction interest is not to exceed
$ 00_Qo and shall be due and payable ten(10)days after the completion of the work,or as soon as the loan can be closed.
10. Closing Costs/Settlement Charges/Prepaids: All closing costs/settlement charges (including but not limited to all
conveyance fees, recording fees), prepaid items (including but not limited to mortgage insurance premiums, prepaid fire and hazard
insurance premiums,prepaid real estate taxes,and orcoaid internal fly,,b,„.--.4...........,__ .
-2- lam
NATIONWIDE HOMES
.ybe payable on an annual basis,including but not limited to city,county and state ad valorem taxes;Metropolitan District,Sanitary
ision and Owners'Association assessments or other benefit charges;and assessments for water,sewage,drainage,or other public
.ovements and for the use thereof, shall be apportioned between Buyer and Nationwide, providing the lot is purchased from
ationwide, as of the originally scheduled date of settlement and shall be assumed and paid thereafter by Buyer.
11. Default by Buyer: Default by Buyer shall be deemed to have occurred upon Buyer's failure(a)to make all cash payments on
or before the dates specified herein;(b)on the date appointed,to tender at settlement the amounts called for herein and accept title,or
(c)to comply with any other terms of this Agreement.In the event of buyer's default under this Agreement-,all sums of money paid
hereunder prior to such default shall be retained by Nationwide as liquidated damages,or,in the alternative,Nationwide may seek specific
performance of this Agreement or any part thereof in any court of competent jurisdiction.
12. Refund:In the event buyer is unable to secure necessary financing,Nationwide shall refund the balance of the down payment
remaining,if any,after deducting therefrom any costs incurred.
13. Cancellation by Nationwide: In the event that specific materials or substantially equivalent substitute materials (items
3-d)cannot be obtained in thirty(30)days or in the event that Nationwide shall determine,in good faith,and for reasons beyond its control,
including all causes specified in Paragraph3(a)and including any pending or declared governmental moratorium,that the house purchased
hereunder cannot be completed and made available for occupancy prior to the time provided for settlement hereunder or within a
reasonable time thereafter,or if Nationwide shall be unable to deliver good and marketable title to the property this Agreement may be
cancelled at the option of Nationwide upon ten (10) days' written notice to Buyer. In the event of cancellation as provided for in this
paragraph, Nationwide's liability shall be limited to the return of all moneys paid hereunder by Buyer, and upon such return, this
Agreement shall be null and void and Nationwide shall be released from all obligations hereunder.
14. Lot and Location Surveys: The buyer shall be responsible for and shall pay for lot and location survey. If the buyer does
not provide these and Nationwide erects the house at the wrong location or on the wrong property,the Buyer agrees to hold harmless and
indemnify Nationwide from any liability and agrees to pay Nationwide for work completed prior to knowledge of the error and work
required to correct the error.
15. Landscaping: Nationwide will provide shrubs and reseeding of the disturbed areas of the lawn as per specifications.
16. Authority: Only Nationwide has the authority to execute this Agreement ; only a duly authorized officer who shall be
specifically authoriized in writing to so act shall have the authority to modify this Agreement or execute any supplemental agreements for
change orders of any kind or nature whatsoever.If Buyer should deal directly with a sub-contractor,he shall assume all extra costs and
hereby releases Nationwide from any liability and/or responsibility for such extra work or changes.
17. Warranties and Easements: Nationwide warrants that the improvements placed upon the property by it shall be constructed
in a good and workmanlike manner in conformity with high standards in the construction business.Nationwide further warrants to replace
or cause to be replaced any materials found to be defective and provide the necessary labor pertaining thereto for a period of one(1)year
subsequent to the completion of such improvements.
The conveyance of the property from Nationwide to Buyer shall be specifically subject to any restrictive covenants,easements,
rights of way,and reservations affecting said property and as set forth of record in the land records of Ailuntre Albemar 1 e
County. Nationwide does, however, warrant that the property shall be free of liens and any other encumbrances other than matters
specifically of record which affect or may affect said property,providing the lot is purchased from Nationwide.Nationwide further warrants
that it is a member of the HOMEOWNERS WARRANTY INSURANCE CORPORATION (HOWIC),that the property will be enrolled in
its Homeowner Warranty Program,and that upon settlement,Nationwide will provide at no cost to the Buyer evidence that the property
has been finally enrolled and all fees are paid.
18. Assignment: Buyer's interest and obligation hereunder shall not be assignable without written consent of Nationwide.
19. Riders: The riders listed below and attached hereto are an integral part of this Agreement:
(a) FmHA bid letter dated August 27, 1990
(b)
(c)
(d)
20. This is the complete Agreement between the parties.There are no written or oral agreements or understandings directly or
indirectly connected with this Agreement that are not incorporated herein unless they are put in writing,signed by the parties and attached
hereto.
21. This Agreement shall be binding on the parties,their heirs,assigns,and legal representatives.
22. At the discretion of Nationwide Homes,this Agreement shall be null and void and subject to price increase if for any reason
the house has not been shipped within 90 days of the date of this agreement.
23. TIME IS OF THE ESSENCE OF THIS AGREEMEENT. THIS IS A LEGALLY BINDING CONTRACT. READ AND
UNDERSTAND ALL PROVISIONS PRIOR TO SIGNING. IFNOT UNDERSTOOD, SEEK LEGAL OR OTHER COMPETENT ADVICE
24. Buyer acknowledges that the plans and specifications for the house described herein and attached hereto have been reviewed r
as specified in Paragraph 1.
)t
IN WITNESS WHEREOF,NATIONWIDE AND BUYER HAVE HEREUNTO SET THEIR HANDS AND SEALS THIS THE DAY AND e,
YEAR FIRST ABOVE WRITTEN.
WITNESS(S): ? B ER(S): de
'1- /41 14VezU c��C �. ctC ed
Sara Dudley
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WITNESS: NATIONWIDE HOMES,INC. trd
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1-204-296-32 3 GARY N. WHELAN LS 179 I'O2 IJLL. L) it.:-1 e
THIS CERTIFIES THAT ON F /// a •
I N r� I SURVEYED THE PRO�P RTY//S.H= W HEREON, AND THE TITLE LINES
ANC IM;`i, VEMENTS ARE AS SHOWN ON THIS PLAT. / WWI' VA. CERT. N0. 1443
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Q� $�'dP ,/� . 'T 4h MABEL JOHNSON EST.
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Co 0 Q / L �1 D.B. 393 P. 477 T.M. 66 PAR. 35
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DOUNDARY 8 ,3I'
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STATE ROUTE 22
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(NOT A FLOOD HAZARD AREA)
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PLAT SHOWING PHYSICAL SURVEY OF
1VA 41 (45 PARCEL 38 ON
I TAX MAP 66 IN
ALBEMARLE COUNTY , VIRGINIA
Gary M. Whelan
Land Surveyor SCALE : 1" = 100' DECEMBER II , 1990
Charlottesville , Virginia
;1- VIRGINIA ASSOCIATION OF REALTORS® ,Ifar
REACTOR® CONTRACT FOR PURCHASE OF UNIMPROVED PROPERTY a.;a�;O„5„°
(This is a suggested form for use in the sale of Land only. This is a legally binding contract; if not understood, seek competent advice
before signing.)
This CONTRACT OF PURCHASE made as of June 21 , I00
between Estate of Mable Johnson (the"Seller",whether one or more),
and `�'' Saraii. Dudley
(the "Purchaser", whether
one or more) whose addresses arc shown below, provides The Listing Broker for the Property, as defined below, is
__Roy Wheeler Realty Cp. and the Selling Broker is Roy WheelexBralt_y___C��_____,__.
1. REAL PROPERTY: Purchaser agrees to buy and Seller agrees to sell the land,and all improvements thereon located in the County
or City of___Alh.ema r l P _, Virginia and described as(legal description):_
Tax Map 66 Parcel 38
and more commonly known as: VSH 22 Cobham together with the items of personal
property described in paragraph 2 (the "Property").
2. PERSONAL PROPERTY INCLUDED: The following items of personal property are included in this sale: ( X ) None ( ) Sec
Addendum.
3. PURCHASE PRICE: The Purchase Price (the "Purchase Price") of the Property is Twelve Thousand_ F.iv_e_1Hundred
( X) This price shall be the exact sales price. & 0 0/10 0
( ) This price shall be adjusted at settlement to an exact Purchase Price of$ per(sq. ft.) (acre). The exact tuna to
be determined by a survey to be made by a registered surveyor and paid for by . At his
option, Purchaser may waive said survey. The Purchaser shall pay to the Seller at settlement the Purchase Price in cash or by cashier's
or certified check, subject to the prorations described herein and further subject to one or more of the following financings, (check as
applicable):
(X ) $1,_.5D0 ... (a) THIRD PARTY FIRS'1"l'RUST: As set forth in paragraph 5, this sale is subject to Purchaser obtaining (x )
or assuming ( ): a conventional ( ), or other (describe) Farmer' s o e $dministra.tion__.
loan secured by a first deed of trust lien on the Property in the principal amount of$12, 5 0 0 .Q0 __ bearing
. interest (x ) at a fixed rate not exceeding % per year, or ( ) at an adjustable rate with an initial rate not
exceeding % per year and a maximum rate during the term of the loan not exceeding % per year,
or( )at the prevailing rate of interest at the time of settlement,amortized over a term of years,and requiring
not more than a total of loan discount points, excluding a loan origination fee or an assumption fee not
exceeding$ . (If this Contract provides for the assumption of a loan: (i)the parties acknowledge
that the balance set forth above is approximate and that the principal amount to be assumed will be the outstandint!
principal balance on the elate of settlement,and(ii)Purchaser shall assume all obligations of Seller under such loan.)
( ) $ (b) 'l'LIIRD PARTY SECOND TRUST: As set forth in Paragraph 5,this sale is also subject to Purchaser obtaining
a loan secured by a second deed of trust lien on the Property in the principal amount of$
bearing interest at a rate not exceeding % per year, repaid as follows:
•
and requiring not more than a total of_ _ loan discount points,excluding a loan origination fee.
( ) $ (c) SELLER FINANCING: Seller agrees that$ of the Purchase Price shall be evidenced
by a note made by Purchaser in the principal amount of$ , bearing interest at the rate of
% per year, repaid as follows:
The note shall be secured by a deferred purchase money ( ) first, ( ) second or(specify priority)
deed of trust lien on the Property. The deed of trust and note shall provide, among other things, that: (i) the note
shall be due and payable in full if the Property, or any interest therein, is transferred, sold or conveyed except as
provided in a lot release agreement; (ii) Purchaser shall have the right to prepay the note at any time and from time
to time in whole or in part( ) with a premium or penalty of % of the amount prepaid or( ) without
premium or penalty; (iii) a late payment charge not exceeding five per cent of the payment may be assessed by •
Seller for any payment more than seven (7)calendar days late; and (iv)other terns:_
If this Contract provides for SELLER FINANCING, then (i) such financing shall be contingent upon review and
approval by Seller of a current credit report on each Purchaser and a current personal financial statement of each
Purchaser, which documents must be provided to Seller within business days following execution of this
Contract by all parties, Seller shall within business clays after receipt of Purchaser's financial data give
Purchaser a written loan commit►i►ent or this contract shall terminate and Purchaser's deposit shall be refunded; (ii)
Purchaser shall properly record the applicable deed of trust,at Purchaser's expense,at settlement; and(iii) Purchaser
may not assign this Contract, in whole or in part, without the prior written consent of Seller, which Seller shall be
under no obligation to give.Any deed of trust securing SELLER FINANCING; (i)shall contain a provision requiring
the trustees under said deed of trust,without the necessity of obtaining the prior consent or joiner of the noteholdcr,
to release land for casements and rights of ways,and/or land to be dedicated for public use from the above mentioned
trust without curtailment and at no cost to Purchaser,provided such releases in their aggregate total less than
of the total land area originally encumbered by the deed of trust, (ii) shall provide that Purchaser shall have the
If Purchaser so requests,Seller at, .s to promptly r49uest a disclosure packet iron, __.e Association,and upon receipt thereof,to promptly
Fr-wide it to Purchaser. If Seller fails to provide the disclosure packet to Purchaser on or before , 19
then Purchaser may declare this Contract void by giving written notice thereof to Seller,or Seller's agent, by hand delivery or by mail,
return requested, within seventy-two(72) hours following the deadline set forth above.
13. AGENCY DISCLOSURE: The parties confirm that in connection with the transaction contemplated by this Contract, (i)
the Listing Broker,and the cooperating or Selling Broker,and their salespersons have acted on behalf of Seller as Seller's agent;
or (ii) if Purchaser has been represented by a Broker, the Listing Broker, and its salesperson have acted on behalf of Seller as
Seller's agent, and the Purchaser's Broker, and its salespersons, by agreement, have acted on behalf of Purchaser's agent. The
parties also confirm, with respect to their own representation, that disclosure of the agency relationships described above was
made in writing at the time specific real estate assistance was provided by the Broker named above,or their respective salespersons.
14. STANDARD PROVISIONS ON REVERSE SIDE HEREOF: All the Standard Provisions on the REVERSE SIDE HEREOF
arc incorporated by reference and shall apply to this Contract, unless expressly modified in paragraph 11 and except the following letter
Standard Provisions, which arc hereby deleted: None
(If none arc deleted,state "None" in this blank.)
15. ACCEPTANCE: This Contract, when signed by Purchaser, shall be deemed an offer and shall remain in effect until
(time), , 19 If not accepted by Seller within that time by delivery of a signed copy of this Contract to
the Purchaser, the Listing Broker or the Selling Broker it shall become null and void.
Witness the following duly authorized signatures and seals:
(SEPARATE ALL COPIES BEFORE SIGNING BELOW)
C • �6 C • IJ` (Seal) , l . [36(cgaT (Seal)
SELLER PURCKASER
•
7a7 is1()-1 Qv.. CA 'thy
ADDRESS ADDRESS
OC &O —3 �r (SEAL)
SOCIAL SECURITY NUMBER PURCHASER
•
ADDRESS
(SEAL) The undersigned executes this Contract (if appropriate) to
SELLER acknowledge receipt of the Deposit and agrees to hold the Deposit
in accordance with the terms of this Contract
ADDRESS
•
(SEAL)
SOCIAL SECURITY NUMBER
179 PID2 DEC 1= "SO 1E.:45
E PROP RTYS,H W HEREON, AND THE TITLE LINES
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D.B. /33 P. 472(PLAT)
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TAX MAP 66 IN
ALBEMARLE COUNTY , VIRGINIA
Gary M. Whelan
Land Surveyor SCALE : P' = 100' DECEMBER II , 1990
Charlottesville , Virginia I.