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HomeMy WebLinkAboutVA199500004 Application 1995-05-05 05-06-1995 04:16PM FROM_ TO 9724035 P.02 . s.. J,.- .:,finis"'..-�;.: ;y , r•: '• :: r. �. fir•.:• .r ;;'rye w;p1�.,,.' �i: :,: i • County of Albemarle { Department of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4060 VA- _O 1/ DATE: FEE: $95.00 9'799f STAFF: VARIANCE APPLICATION OWNER (as currently listed in Real Estate) E GEu &ANLj sricciirl Name L/A/44 'ME 541-U✓c'J,Ll R4A SuI.c'v'Qv sue. Phone (kV ) 97I - 96(5 Address /0. /ax 263 last✓,dg l vq. n4y7 APPLICANT (if different from above) Name ( o,I ?Mt:tA1 EitL Phone (�'oY ) `?7�f - et? Address /lt. 3, dc$ 3S-A r ;Itt GO i.f 2 , V!1. Z2$34 CONTACT PERSON (if different from above) Name Phone ( ) -- Day Phone ( ) - Address LOCATION: 1"ikx Z4 9P _ YSI� t%( -L �G , RT 440, Va /+h Ai gak lei C76 PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OP YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP l'f , PARCEL Gc- ; TM , P ; TM , P . G 84 ZONED: RA ORDINANCE SECTION: Board of Zoning Appeals Date: ki .i95 ( ) Special Permit 94 Variance 9S--/ 0N!i c ea,r% ( ) Proffers BZ ACTION: Gv �,�ul• /mil^1�• 1�� �'�iri��tru� G-1-�S alak ga te.)4,4 0-1- 9 7 -I--17 1) VA-95-04 . Linda' Mae Sullivan, Laura S. Cecil & uecli B. Sullivan (owners) , Lofton Martin Neal (applicant) . Located on Rt 660, 0. 5 mi N of Rt 676 . TM44/P6C, zoned Rural Areas . Variance to reduce size of reserve septic field from 100% to 50%. \qlr\ 05-06-1995 04:16PM FROM TO 9724035 P.03 --- • - DESCRIPTION OF REQUEST: A RiM sT' 6,PZ, AC) liar 7P11 A2Oi',+Rct C'A(1/►-y Itifsw(Pr CowCE4Ae ry reg. S1i 61C D#L (654,41( 5fPnc '7/40 gat4 A ,P4Lt- ttStA)t TO A 112 Si2g_ 4,01<c/C JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. 4rkcGf_kfperri+4 *' of Thu pitottoe“ (Av/LC ICESuL:' tei Trrt [�iJutf/Flf,c-ir'� OP T1 S ro4 6k(c.Atric- * pt MI 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. A nE TemC 7741S Cor ry.tS SKb ✓b, , t011r}e 1146) Tin- GL-/ri2 6654/49r) 717-fild 44. Q (A'ct$ 1¢ Hp-us 717F•e£ • 07-Mtle Co f3 diatteart.LA It TITS Ala* MEE Urkeifit 91,4/11 Gongotggb Ta T ele,w 7c19,'JCs f - E4 %s40o m1= 1.9f0 3) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. jr A4,!4 t, A/o r At_ A bf:o(s w c 1 r 72) /,✓Y /�,eo i ,c F7 E.s t✓it.t_ /ei,n/r7,7 Tom, ,S'R'sei c am**. atSr*ccr The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review - has not be submitted by the deadline. I hereby certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. J s/r/r ?q _5 -5` `�-� Signature Date Receipt# Date +t�,�w 05-06-1995 04:15PM FROM TO 9724035 P.01 '2 :�'If(!rie, ll';c4.,. .17,Y;:fi�MS7.-%71': .. r ';';i ''P::; 1., .'1: *.•.• , ;.1' a .7a'.:- , glib'.( '•\ �.,"1+, \ r VARIANCE CHECKLIST The current application form must be completed by the applicant in its entirety (the request should be clear) . THE FOLLOWING INFORMATION SHALL BE SUBMITTED WITH THE APPLICATION AND IS TO BE PROVIDED BY THE APPLICANT. (✓S Application with justification statement. 11 Most recently approved recorded plat. If none exists, then a `� copy of the deed description for the property or properties involved in the request. (\ The appropriate drawings showing all existing and proposed improvements on the property, with dimensions and distances to property lines, and any special conditions of the property ,/ that may justify the request. ( V( The fee payable to the County of Albemarle. THE ZONING DEPARTMENT WILL PROVIDE THE FOLLOWING INFORMATION TO THE APPLICANT: ( ) One public notice sign for each roadway and/or road frontage. ( ) Instructions for posting signs. ( ) Copy of the review schedule. 1/4.12 5 - K-9 s (Person accepting application) Date 05-06-1995 04:16PM FROM TO 9724035 P.04 a _ . \\X\ I 4 , ,,, / . . \ v , . , _b ,I, 1 t ----____t_. ._ r��. `L -._ _... ..._. __.... _.. I‘r I G� 1 I 1 l / ,p0� K { r J 1 0 e ,� 1 1 \. , J i \..,& (J.), 'Op i i rill 1 gli ;, d i . o it s I r:' I o\1 � t 0 tit o CA� 1 it SL 7'; 4 _s-••,, - u e7/7. -, .;;;..7.-::-e‘-,,--- 1 1 ,/i. E. / 7/- 3 8 1-nifip titi PoRtAi- Ive-- 1 5 15 A RieRES E^I i fr e ff OF TrrE pi.,t $11.4-- C R#u,J /t c. DRoftv 10 S rfa r,J Ms 7406Sib OIrtL E a N“z'iNI G- 6 iJ i?tf.. S E F;t L 7L/Wl l j' { I rc p v` geal idpj t $ NFL R/k.. Foe. Titl. 4f 64( t64( Ne' 17 SC41.E r:rim s qvE,. 05-06-1995 04: 17PM FROM TO 9724035 P.05 12/15/94 COUNTY OF ALBEMARLE - ASSESSOR'S OFFICE TMAP : 04400 TAX CLASS : 2A PROPRTY ADR: RT. 680 SECT : 00 TAX DISTR : 2 BLOCK: 00 DISTR NAME: JACK JOUETT PARCL: 006C0 LGL1 : R. FORD LGL3 : WB 77/401 ML,S# : LGL2 : LGL4 : OWNER SULLIVAN, LINDA MAE, LAURA SULLIVAN DEED BOOK : 1171 PAGE: 668 MAIL CECIL & CECIL BRADLEY SULLIVAN SALE YEAR : 77 ADDR RT 1 BOX 252 SALE PRICE : 0 EARLYSVILLE VA TAX BILL NUMBER : 9325862 22936-0000 MRKT VAL TAX AMT: 144 .00 CAAR SCH CODES TAX DUE 144 . 00 ZONING : 01 ELEM SCHOOL: 12 IN LAND USE : N MIDD SCHOOL: 05 CURRENT LAND ASSESS : 20, 000 AGRI/FOREST: N HIGH SCHOOL: 03 CURRENT BLDG ASSESS : 0 PARCL ACRES : 0 . 689 YEAR BUILT : 0000 CURRENT TOTL ASSESS : 20, 000 THIS INFORMATION IS BELIEVED TO BE ACCURATE BUT IS NOT GUARANTEEED ALBEMARLE COUNTY 3 0 _ a �■ • ' \•• • X ® `_.s B � j � / ■ �� • i ISs lac oN ++• gp ■ aN T,'/k'' VA-95-04, L. Martin Neal /%/�% • ♦ ' a 11+1 �« Tax Map 44, Parcel 6C filiki.::�jj • 9N �' . % ,hill (C- {' 1�� IOA i . : 0•4411. 5 6 9G I )� Imo•• I • �i/ 1 121,20 6 /•0 /lI Y•17) SE T \ G �� �; 12 •111 f12. t1(/ + 12 12+ M1.29 1zAK _ f0 n• % 1107/, i1 • ®� ® 2P72�„12.Ii1 12U ,M :, \ +S 07111111 IZPII 12 12r, ic�� �V�c'i. 12P 1) t•• I u•EI as y42i- J 12L 'f �0. {la Ili 154 fr.,. ,„ii 4, siellt: 24 1 �tS 0 +w 12f ® 1272 �® •l 16 Is 116�� _� `Y tvi.„6.0 8�. I" Isf \o�■ 4F Nilio �� •.444t 12C 8 •BI j 21• ./ 16 n JI 6J / ��26C 266 ■■ ■ 1 1 16 I 16N 116w7 21+1 21+5 1to, 2IC �� 2B 19A ����♦ R 6 76 6A • 9 �® M1 4 3 \ ■ [/ iff... ..........-.. / 27Jr• 21 7 / \ ° 27I \ ` � 1, _ X.27C ••4/ 27N �� / 27B / 210 6C yyyif-• ••"4 I S. °1 y 21E $IC2 ■ �\ 2 2 I ® i •• 29 29A• \\�›...,,_ > \ 252 Illp /r•0 \ ze / . (......\ MI ‘1, x. zeo 300 /glialliaLt 21E .'•.�•.i irp„.44 .,0 \ , \3oe ` Pb 658 �\. -�� 4111111°11/ 1 IOB 22A 1111611,7 ® ®I444i lo. , Io7j , °�♦ l31B �// `®ill� 7zp7��l02 SB F ‘"'� 7SA T5 35A X 33r1 ILO'.70 o, ♦ 32. kik* �� , .,no• 66 69 71 74A 11♦•� • � Ilit S4 72 \ 31E ■ 31A ,444 33D�� f53/5 73 �+ ■ •� 33G 430jS2 _ �u2/Iq ��/®ue SI III 111 115 11S ���56.0 44 ®_ S0 50. g'\ 1120 4S 7 76A 36 {r` ` 46 Ito �90 i r.�_ c\ BIN+ �6�6 �s 1 33G7 S9 4 fJ° .47 y 109 as T6.� S 51N "�l� tir 64 �� ♦6 / 79 ' 1 ....A 77ff ' T �/ yN1 pNz NB \ S� / 34C 66 \ BO sit,* ^ ^ 7M ��85 J/ v., BIN• RIMS 7)f3 ^ 7!4 Sf• \ I `.e382,\ 1)aw %0 HG 60 SCALE IN FEET WHITE HALL, JACK JOUETT SECTION 44 17N AND CHARLOTTESVILLE DISTRICTS ::...00RMANS RIVER AGRICUETURAL 6 FORESTAL DISTRICT. ' -0? ---PY M Y-15-1'9'95 12: 15 MILL 372 3435 P.01 .1 MAIM- III i MAY 15 1995 _ bpi i 111$ A FMA,LE co •"E•v41�'Sid iv'4'E .-1ONk DEPA Nr I"A'.//V riAr G 11111 �� '' 4220 N.W. 16th Boulevard 1 im 1 Gainesville, Florida 32601 (904) 372-2233 tin FAX 372-3435 III Iliipff'iiiii II III 1111 llliiiiii 111111111 t III11IIIflIH' Will inoi 1101111 SENT TO 664c ,4I Ze4lat/e I ,7 i f 21 IIlllh FAX # CR1h_ ?F7Q._ ,g0gf ✓ SENT FROM 111116 L (a ma,_, . . f ; Ud(ram. NOTES ,,,,i, /--xv r) 2-e?746,---A\ R --° I ,z, "rd-7//fri' /14a/ 1111111 II ) numbers of pages including cover sheet 2 If this transmission comes to you incomplete please contact the store indicated above MAY-15-1995 12: 16 MILL 372 3435 P.02 �•r COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virgule: 22902.4596 (904) 2944875 FAX (904) 972.4060 TDL7 (804) 972-4012 I, authorized L. Martin Neal, contract ends ae Su livan) purchaser, to apply for VA-95-04, a variance requesting relief from the Albemarle County Zoning Ordinance concerning the size of the reserve septic field from a full reserve to a 1/2 size reserve. "79S— ( 4 - ate) DOES NOT REQUIRE A WITNESS OR NOTARIZED SIGNATLPE (trust Itw brand tax transmittal mem 7671 oaf me*. f'ff A..- . . TOTAL P.02 * GV ILLE. EMP. C:IJ 1943?i? T f F. 01 St`e fax Note 7672 �,Ivrwi��IG No of Paget Dale 'o (i:::-/:), , Aafa.e.g.__,, From /�� Company ;orry9l�ny • Jr' ..../li.�fGGY7 ' ,J"/Z.e ,-p fb C 'm¢ Fi - .r .ocauon Location dept.::::nrarle e!e hors# Fax# 90_ , , 24,3rT latP.Charge ;omments png nal D68troy Return u Call for p'c$Up DiSpOSltlUn 3 lyy A-7;75/.-� / alC__--- C----- COUNTY OF ALBEMARLE Deptirtrnent of Zoning 401 McIntire goad Charlotteavilirr,°Virginia 2291-4596 ($04) 294.5875 FAX (804) $72(804) 472�4060 401z ` ' re.An , authorized L. Martin Neal, contract x , (Laura Sullivan Cecil) relief from purchaser, to apply for VA-95-04, a variance requesting marls County Zoning Ordinance concerning the size of the the Albe size, reserva. reserve septic field from a full reserve to a 1/2 (Date. -"DES NOT REQUIRE A WITNESS OR NOTARIZED SIGNA`I`URF ., 4 I - A' 7672 �7 GV ILLE . EMP. CU 19043 7 7743 7 P. E�1 C ost Fax Note 7 6/2 `�4 No of Pages ooays Date T e To „ > ( 2-k; From yy (4-:--, . G4rc ny ,,.e� , t- , COm�dny ,tocat an Z.FFJ ty d� r .' z�� iee r? : , tocailon ,�ep;Charge 6 1 7(..___ , Fax a A-. e c e hors a Fax N , 'r r 9,Cr a o Commsnls Or9nal Disposition D Destroy ❑Relurn ❑Gail for pi!:kup COUNTY OF ALPEMARLE Department of Zoning 401 McIntire goad Charlottesville;Virginia 22902 4696 (804) 296TDp FAX(804) 97z`40i�972�4060 If I . a4e/ , authorized L. l4artin Neal , contract (Laura Sullivan Cecil) purchaser , to apply for VA-95-Q4, a variance requesting relief from the Albemarle County Zoning ordinance concerning the size of the reserve septic field from a full reserve to a 1/2 size reserve. --- (Date) "lJS NOT REQUIRE A WI'1`NESS OR NOTARIZED SIGNATURE _ r' \ . �pF Alyt,, 4' COUNTY OF ALBEMARLE Department of Zoning 401 McIntire Road Charlottesville, Virginia 22902-4596 (804) 296-5875 FAX (804) 972-4060 TDD (804) 972-4012 I, Lk-e:t 'ip4L,:, , authorized L. Martin Neal, contract (Cecil Bradley Sullivan) purchaser, to apply for VA-95-04 , a variance requesting relief from the Albemarle County Zoning Ordinance concerning the size of the reserve septic field from a full reserve to a 1/2 size reserve. L�i�vY Acz.i/e2 � 9 s (D te) DOES NOT REQUIRE A WITNESS OR NOTARIZED SIGNATURE 05-11-1995 01:48PM FROM TO 9724035 P.01 RECEIVE[ REAL ESTATE III MAY 10 1995 29 NORTH OFFICE ALBEMARLE COUNTY ZONING DEPARTMENI PO BOX 8186 CHARLOTTESVILLE VA 22906 PHONE # (804) 973-8333 TO: -12).e.n 5,c ( 2-6 n n� COMPANY: DATE: FAX #: 1)/2. - Lto35" FROM: M A-te ( ,1 it) FAX #: (804) 973-8953 NUMBER OF PAGES: (INCLUDING COVER PAGE) COMMENTS: THIS TRANSMITTAL.MAY BE CONFIDENTIAL AND SHOULD BE $FAD BY ADDRESSEE O.hILY, IF THIS FAX DOES NOT FULLY TRANSMIT OR IS DIFFICULT TO READ, PLEASE NOTIFY SENDER 05-11-1995 01:49PM FROM 1", TO 9724035 P.02 MM 10 1995 1 • ALBEeM�ARLFLACOUNTY ITHIS DEED made nis-25tTh day of August, 1977 by and be- tween CECIL BRADLEY SULLIVAN and JUDY. MINOR SULLIVAN, husband and wife, parties of the first part, and CECIL M. SULLIVAN and LAURA M. SULLIVAN, husband and wife, __ r_.,_........�...�. .....,w parties of the second part, WITNESSETH• • • That for and in consideration of the sum of THREE THOUSAND DOLLARS ($3, 000. 00) cash in hand paid., the receipt of which is hereby acknowledged, the parties of the first part do hereby GRANT, BARGAIN, SELL and CONVEY with ,GENERAL WARRANTY and ENGLISH: COVENANTS of TITLE ,the unto the parties w y y y e of second part, as tenant by the entirety w ith full riqhts of survivorship as at common law, and not as tenants in common, all that certain tract or parcel of land, fronting 150 feet on the. west side of State Route 660, in the Jack Jouett Magisterial District of Albemarle County, Virginia, eo tri ainiag.r.6.g di-being more particularly described on plat attached to a deed Ii from I Morris and wife to Cecil Bradley Sullivan dated September 5, 1959, and recorded in the Clerk' s Office of the Circuit Court of 1 Albemarle County, Virginia, in D. B. 351 , p. 588, and being the * rw.'nY-Y7' ;71�ifYVNY!IiiWl{i•+^'_...r,...s.h. . same property conveyed to Cecil Bradley Sullivan by said last mentioned deed. . WITNESS the following signatures and seals : . 7 • i� /• .to Lc. ic . (SEAL) • Cecil Bradley Sullivan Judy Minor Sullivan • STATE OP VIRGThmt _ a 0 + y3 S 4110Ig'Y33 ' r-.7._e—(.51._5-9.;.&,Lt--5ZI F- -5:1-,1-- T 7 rz a IY'Ia • 1�1d3a Y✓ �+ � 333 S,x'd3'15 t •C xgI3KS 53� 333 /i33S`*Y'3I 313 `CIS Xy1 '1��00l XV1 3LVis 4 _ _ ^ 38 e+ pus `pazub asd s n pa 7 S S�is t K ,I�a23,Q zss3 qrI :YZr110ZiIA pso zes o3 PdizpaPE `PaxaauE a1e313T 3 1.1n3313 SRI 30 331130 S� 3'I3 3HY- H 3g1'd 30 7�]S1i100 3H� 3Q 1,2ii10 • . . \ otTgna Asegog L' . s s tu�utoo 1�W sastdxa uo ! \\ / nr Aq ` LL6T ' •uenTZTRS ?outs P autn��S z buo6axo3 ads 10 aQ pabpaIrtouve Se^ qu ZIO stgz am a 3 pr 3o 71i1I1oDn 'tilRIO IA 30 / t atlgn A3Qzp r f .,--•' zmmoa sa=tdxa uoxss _Jr Aw •uentZlnS 30 �BP �. [' } ___________70p7vrir esg Itaao MI ' LL6T � 20'd S2017Z2,6 Ol Woad Wd617:T0 S66T-TT-S0 ' - 05-11-1995 01:49PM FROM TO 9724035 P.04 . ,- - 7 \ ... . .:..,,, ,-,,,;, , 7 i- 4 -61 P, 1'7' MAY i 4,-, 1995 ' "LoNINO DE-P04411.4E0 li I , •'.a �,� 4 °3LkW IG� `� � oo 'T 1 , I 1 o a 1 - Ja \; .. N. 0• 4 g .9 Ate- h f I ' ' d ! ) 6 .3-fo,cil 1 , 1 1 Imo , �i )1_57e.A.j0--.4-c. ..." 0 c. i . L°1 1 1 777. -, ....;-:-/;;'-e-, ,. • --...1 . •II g. / 7 Y— 34 r + VIRGIt ASSOCIATION OF REALTI Say -- I..1. CONTRACT FOR PURCHASE OF UNIMPROVI PROPERTY t«Y,� .. Off O�lYN11 Y il(A(i 011• This is a suggested form for use in the sale of Land only. 'Phis is a legally binding contract; if not understood, seek competent advice leforc signing.) REAL ESTATE III Phis CONTRACT OURCIIASE made as of November 18 19 94 , between Linda May! Slillivan, Laura Sullivan Cecil, Cecil Bradley Sullivap(llie "Seller", whether one or more), lid L. Martin Neal (the "Purchaser", whether one or more), whose addresses arc shown below,provides the Listing Broker for the Property, as defined below is It La and the Selling Broker is n/a . REAL PROPERTY: Purchaser agrees to buy and Seller agrees to sell the land, and all improvements thereon located in the County ,r City of Albemarle ,Virgtntmi d dcscriigas (legal dcsc t ,t'olt.). DB TM 44, Parcel 6C utd more commonly known as: -- ogelhcr with the items of personal properly described in paragt aplt,2(the"Property"). !. PERSONAL PROPERTY INCLUDED: The following items of personal lit operty are included in this sale: 3 None❑Sec Addendum. I. PURCHASE PRICE: The Purchase Price(the"Purchase Price") of the Propel ty is Twenty Thousand Dollars ' T This price shall be the exact sale price.7.1 (sq. e This price shall be adjusted at settlement to an exact Purchase price of$ per fl.) At b The exact area to be letermined by a survey to be made by a registered surveyor and paid for by s tption,Purchaser may waive said survey. The Purchaser shall pay to the seller at settlement the Purchase Price in cash or by cashier's or ertified check, subject to the prorations herein and further subject to one or more of the following financings, (check as a plicab e g ): D $ (a) THIRD PARTY FIRST TRUST: As set forth in paragraph 5, this sale is subject to Purchaser ) or El assuming: ❑ a conventional, CI or other (describe) ( bearing interest ❑ 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 npt exceeding %v per year, or ❑ at the prevailing rate of interest at the time of settlement, amorlizcd'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 outstanding principal balance on the date of settlement, and (ii) Purchaser shall assume all obligations of Seller under such loan.) S (b) THIRD 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 of igination 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 3 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 pealty; (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; (iv) the note and deed of trust shall otherwise be in form satisfactory to seller; and (v) other terms: 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 days after receipt of Purchaser's financial data give Purchaser a written loan commitment or this Contract shall terminate and the 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 notcholdcr, to release land for casements and right 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 ti ust, (ii) shall provide that Purchaser shall have the right, at any time after settlement, to raze existing improvements, cut, fill, grade, erect improvements and do all other things Purchaser • believes necessary in the development of the Property,❑with or❑without obligation to make any prepayment on account of the debt secured by the deferred purchase money deed of trust. 0 $ (d) OTHER FINANCING TERMS: 0 $ 1000.00 DEPOSIT: Sec paragraph four (41) 0 $ 19000.00 BALANCE OF THE PURCHASE PRICE: To be paid by Purchaser at settlement (approximate in the case of a loan assumption). /[] $ 20,000.00 TOTAL I'URCIIASE 1'RICL Please initial o �a0 ( ' IZIEf.2118XL-1 10'- VAR FORM 650 REV.7/9,1 Page 1 of 4 Purchaser tin'Ai Scllera(.., F 00-vnn050 . DEPOSIT: (a)Purchaser has made a deposit with Brad Sullivan Dollars (the "Escrow Agent"), of one thousand 1000.00 )'(the "Deposit") ❑ in cash, ❑ by check, ❑ bank letter of credit, or ® by a note due and payable on at closing , 19 receipt of which is hereby acknowledged. The Deposit shall be held in escrow by the Escrow Agent until settlement and then applied to the Purchase Price. (b)If the Escrow Agent is a licensed real estate broker, the Deposit shall be held and applied in conformity to the Regulations of the Virginia Real Estate Board. Pursuant to such Regulations, the Deposit will be placed in an escrow account of the Escrow Agent until this transaction has been consummated or terminated .The Regulations provide that if this transaction is not consummated,the Escrow Agent shall hold the Deposit in Escrow until(i) all Parties to the transaction have agreed in writing to the disposition thereof, or(ii)a court of competent jurisdiction orders disbursement,or (iii) the Escrow Agent can pay the funds to the Party who is entitled to receive them in accordance with the clear and explicit terms of this Contract. In the latter event, prior to disbursement, the Escrow Agent shall give written notice to the Party not to be paid,by either (1) hand delivery receipted by the addressee, or (II) by regular and certified mail, that his payment will be made unless a written protest from that Party is received by the Escrow Agent within thirty days of the delivery or mailing,as appropriate,of the notice. . FINANCING: (a)This Contract is contingent upon Purchaser obtaining a written commitment or commitments, as the case may be, for the third Party financing or loan assumption required in paragraph 3. Purchaser agrees to make written application for such financing or assumption within n/a business days of the date of acceptance of this Contract and to diligently pursue obtaining a commitment therefore. (b)If Purchaser does not obtain such a written commitment and so notifies Seller or Selling Broker or the Listing Broker in writing before 5:00 p.m. local time on n/a , 19 ,then this Contract shall terminate upon the giving of such notice and the Deposit shall be refunded to Purchaser. If such a notice is not received by the deadline, or such later deadline as the Parties may agree upon in writing, then Seller shall have the right to, (i) deem the financing contingency provided herein satisfied, or (ii) terminate this Contract by giving Purchaser written notice of such termination within five (5) days after the deadline. Failure of Purchaser to make such application or to diligently pursue obtaining such financing shall be a default hereunder. . LOAN FEES: If a lender making a loan described in paragraph 3 requires a discount, commonly known as"points" (a point) being % of the principal amount of the loan) as a condition of making the loan, Seller agrees to pay the first trust lender up to oints and to pay the second trust lender up to n/a points.Except as otherwise agreed in this paragraph 6 and paragraph A of the tandard Provisions,Purchaser shall pay all loan origination fees, charges and other costs imposed by a lender or otherwise incurred in onnection with obtaining the loan or loans. attorney's office . SETTLEMENT; POSSESSION: Settlement shall be made at on or about Dec. 21 , 19 94 Possession of he Property shall be given at settlement,unless otherwise agreed in writing by the Parties. . BROKERAGE FEE: Seller represents that he has agreed that the Listing Broker will be paid a fee for services of n/a . In the event this is a cooperative sale,the Selling Broker is to receive n/a of the fee to be paid the Listing Broker. Seller hereby authorizes and directs the settlement gent to disburse to the Listing Broker and the Selling Broker from Seller's proceeds the respective portions of the fee at settlement. '. STUDY PERIOD: Purchaser shall have 30 days from the date this Contract is executed by both Purchaser and Seller, to lctermine, through engineering and feasibility studies,whether Purchaser's plan of development of the Property is practical. Purchaser hall contract for such studies within ten days from the date of execution, a;o1Mi tkrxtp ,c-lkkidR'inRita Ak C *i3g hecxttn is xsaithlattorn(sclatitxNadia}g(att :kuI cco imciafCRlUkiktim inextpxtxkio AR lkk:E>1E aix, akA§AllScrx)EillalkwiTfRAQ1 Ielimrytaikrxal watt. If within said 30 days, Purchaser notifies both Seller or an agent of Seller, in writing, that his plan, in his ole judgment,is not practical, Purchaser may declare this Contract null and void. In this event, Purchaser shall receive a refund of his leposit and all parties shall be relieved of further liability hereunder.In the absence of such timely notice (time shall be of the essence) rom the Purchaser that he elects to declare this Contract null and void, this Contract shall be in full force and effect. 0.SOIL STUDY: This Contract is contingent for 30 days from date of execution of this Contract by both Purchaser and Seller o allow Purchaser at its expense to obtain a soil study and/or percolation test, which shall lawfully allow for the erection of 4 Bdrm home . Said report shall be pursued diligently and in good faith and if such study or test reveals that Purchaser's mended use of the Property is not permissible,Purchaser shall have the right,upon written notice to Seller,to declare this Contract null :nd void,in which event the deposit shall be returned to Purchaser and all parties relieved of further liability hereunder. 1.OTHER ITEMS: (Use this space for additional terms not covered in this Contract.) • L. Martin Neal is a licensed real estate salesperson in the State of Virginia and is acting on his own behalf. \ddcndum attached: No Yes ❑ Consisting of pages. 12. PROPERTY OWNERS' ASSOCIATION DISCLOSURE: Seller represents that the Property (check as applicable) is ❑ is not ❑ ocated within a development which is subject to the Virginia Property Owners' Association Act (Sections 55-508 through 55-516 of the ode of Virginia). If the Property Is within such a development, the Act requires Seller to obtain from the Property Owners' lssociation an association disclosure packet and provide it to Purchaser. Purchaser may cancel this Contract within three (3) days tfter receiving the association disclosure packet or being notified that the association disclosure packet will not be avallable.'The right to receive the association disclosure packet and the right to cancel this Contract are waived conclusively if not exercised before settlement. The rights afforded Purchaser pursuant to this paragraph and the Act may be waived in writing by Purchaser in a separate Document. 13.AGENCY DISCLOSURE: (Check A, B,C,and if applicable,D.) A. ❑ The Parties confirm that in connection with the transaction contemplated by this Contract, (the Listing Broker),and (the cooperating or Selling Broker), and their salespersons, have acted on behalf of Seller as Seller's agent. Please initial zirFopmx N I � f�tt VAR FORM 650 REV.7/94 Page 2 of 4 Purchaser C M Seller Je 11f1(r8da_oa-3o-t©o< Foim: Nm0 13:❑ The Parties confirm that in connectii th the transaction contemplated by this Cc ct, (the Listing tsroker), and its salespersons have acted on ')cl.talf of Seller as Seller's agent, and (the Purchaser's Broker),and its salespersons,by agreement,have acted on behalf of Purchaser as Purchaser's agent. ❑ The Listing Broker and its salespersons are acting on behalf of both the Seller and the Purchaser as disclosed dual agents ',executed Dual Agency Consent Agreement attached). 0. ❑ The parties also confirm, with respect to their own representation, that disclosure of the agency relationships described above .vas made in writing at the time specific real estate assistance was provided by the Brokers named above, or their respective :alespersons. t4. STANDARD PROVISIONS ON REVERSE SIDE HEREOF: All the Standard Provisions on the REVERSE SIDE HEREOF are ncorporated by reference and shall apply to this Contract, unless expressly modified in paragraph 11 and except the following letter itandard Provisions, which arc hereby deleted: (If none are deleted,state"None"in this blank.) 15.MECHANIC'S LIEN NOTICE: (a)Virginia law (§ 43-1 et seq.) permits persons who have performed labor or furnished materials for construction, removal, repair or improvement of any building or structure to file a lien against the property. This lien may be filed at any time after the work is commenced or the material is furnished,but not later than the earlier of(i)90 days from the last day of the month in which the lienor last performed work or furnished materials or (ii) 90 days from the time the construction, removal, repair or improvement is terminated. AN EFFECTIVE LIEN FOIL WORK PERFORMED PRIOR TO THE DATE OF SETTLEMENT MAY BE FILED AFTER SETTLEMENT. LEGAL COUNSEL SHOULD BE CONSULTED. (b)Seller shall deliver to Purchaser at settlement an affidavit, on a form acceptable to Purchaser's lender, if applicable, signed by Seller that no labor or materials have been furnished to the Property within the statutory period for the filing of mechanics' or materialmen's liens against the Property. If labor or materials have been furnished during the statutory period,Seller shall deliver to Purchaser an affidavit signed by Seller and the person(s) furnishing the labor or materials that the costs thereof have been paid. [6.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,or an agent for Purchaser,it shall become null and void. WITNESS the following duly authorized signatures and seals: Seller accepts this offer _ day of , 19 1r/2'7M e eJ4/ ALJ ll 127'Pt1 • (SEAL) ,t/q 9 th , /!k. ,&,- (SEAL) S LLE DA E PURCHASER I7A7 2 � esdik.1�;FL ,N YFNGSS '/I - Z7- '/ 7��Lf r 0;A �c W;+h`CiS • R 3I ,6aL 3554. im2-ey. teal /4, ZZq •34 ADDRESS ADDRESS P1)0 7SS,Uv. '7S 0 4pf Cam sdi/�FL, , ZEO'y e-gC) fitiio ,0• 14 e.c� 49/1. • ) v., i J 3�liS' p) S:5, 0 22 s--8o-'.7975- ( 1,c0s-i5, -74* s'-- YO-79'?9' / (SEAL) SOCIAL SECURITY NUMBER DATE PURCHASER / 30 /9Y �'-J114,v ,J w (SEAL) ATE SELLER ADDRESS /7 5 7 A Aar 4 d Receipt of deposit per Paragraph 4 /c( ?V s`c`� frkk `441 2 • above is hereby acknowledged. ADDRESS a,/A d ` S9 (6)-r) / (SEAL) SOCIAL SECURITY NUMBER DATE 211r4HMXL" 21aonai:11255 VAR FORM 650 REV.7/94 Page 3 of 4 oa-ao-too4 Foimim:VM050 STANDARD PROVISIONS 'EXPENSE PROBATIONS: Seller agrees to pay the expense of preparing the deed and the recordation tax applicable to grantors. Except as otherwise agreed herein, all other expenses incurred by Purchaser in connection with this Purchase, including without limitation title examination,insurance premiums,survey costs,recording costs and the fees of Purchaser's attorney,shall be borne by the Purchaser. All taxes, assessments, interest, rent, escrow deposits, and other ownership fees, if any, shall be prorated as of the date of settlement. In addition to the Purchaser Price, Purchaser agrees to pay Seller for all fuel oil remaining in the tank (if applicable) at the prevailing market price as of the date of settlement. . TITLE: At settlement Seller shall convey the Property to Purchaser by a general warranty deed containing English covenants of title, free of all encumbrances, tenancies, and liens (for taxes or otherwise), but subject to such restrictive covenants and utility easements of record which do not materially and adversely affect the Purchaser's intended use of the Property or render the title unmarketable. If the Property does not abut a public road, title to the Property must include a recorded easement providing adequate access thereto. In the event this sale is subject to a financing contingency under paragraphs 3(a) or 3(b), the access to a public road must be acceptable to each such lender. If the examination reveals a title defect of a character that can be remedied by legal action or otherwise within a reasonable time,Seller, at its expense, shall promptly take such:action as is necessary to cure such defect. If the defect is not cured within sixty days after Seller receives notice of the defect, then either party may terminate this Contract at the expiration of such sixty day period and the Deposit shall be refunded to Purchaser.Upon the making of such refund, this Contract shall be terminated, and no party shall have any claim against any other by reason of this Contract.The parties agree that the settlement date prescribed in paragraph 7 shall be extended if necessary to enable Seller to cure any title defect, but not for more than sixty days. • LAND USE ASSESSMENT: In the event the Property is taxed under land use assessment and this sale results in disqualification from land use eligibility,Seller shall pay any rollback taxes assessed. If the Property continues to be eligible for land use assessment, Purchaser agrees to make application, at Purchaser's expense, for continuation under land use, and to pay any rollback taxes resulting from failure to file or to qualify. Notwithstanding anything herein to the contrary, the provisions of this paragraph C shall survive settlement and the delivery of the deed. ). RISK OF LOSS: All risk of loss or damage to the Property by fire, windstorm, casualty or other cause is.assumed by Seller until settlement. In the event of substantial loss or damage to the Property before settlement, Purchaser shall have the option of either (i) terminating this Contract and recovering the Deposit, or (ii) affirming this Contract, in which event Seller shall assign to Purchaser all of Seller's rights under any policy or policies of insurance applicable to the Property. NOTICE: Whenever notice is to be given under the terms of this Contract, such notice shall be deemed to have been given when enclosed in an envelope having the proper postage, addressed to all parties hereto and deposited as Certified Mail at a U.S. Post Office. The date at which such notice shall be deemed to have been given,shall be the date of the postmark on said envelope. F. PRIOR ACCESS: Purchaser and his agents shall have the right to enter onto the Property at any time prior to settlement for purposes of engineering, surveying and such other work, so long as such studies do not result in a change in the character or topography of the Property. Purchaser shall hold Seller harmless against any loss or liability to person or property resulting from such entry on the Property. G. DEFAULT: If either Seller or Purchaser defaults under this Contract, the defaulting party, in addition to all other remedies available at law or in equity, shall be liable for the brokerage fee set forth in paragraph 8 on the REVERSE SIDE HEREOF as if this Contract had been performed and for any damages and all expenses incurred by the non-defaulting party, the Listing Broker and the Selling Broker in connection with this transaction and the enforcement of this Contract, including, without limitation, attorneys' fees and costs, if any. Payment of a real estate broker's fee as the result of a transaction relating to the Property which occurs subsequent to a default under this Contract, shall not relieve the defaulting party of liability for the fee of the Listing Broker in this transaction and for any damages and all expenses incurred by the non-defaulting party, the Listing Broker and the Selling Broker in connection with this transaction. H. MISCELLANEOUS: This Contract represents the entire agreement between Seller and Purchaser and may not be modified or changed except by written instrument executed by the parties; PROVIDED,HOWEVER, that the provisions of paragraph 8 on the REVERSE SIDE HEREOF may not be modified or changed without the written consent of the Listing Broker and the Selling Broker.This Contract shall be construed,interpreted and applied according to the laws of the Commonwealth of Virginia and shall be binding upon and shall inure to the benefit of the heirs, personal representative's, successors, and assigns of the parties. To the extent any handwritten or typewritten terms herein conflict with, or are inconsistent with the printed terms hereof, the handwritten or typewritten terms shall control. UNLESS OTHERWISE PROVIDED HEREIN, THE REPRESENTATIONS AND WARRANTIES MADE BY SELLER HEREIN AND ALL OTHER PROVISIONS OF THIS CONTRACT SHALL BE DEEMED MERGED INTO THE DEED DELIVERED AT SETTLEMENT AND SHALL NOT SURVIVE SETTLEMENT. COPYRIGHT© 1989 by the Virginia Association of REALTORS®. All rights reserved. This form may be used only by members in good standing of the Virginia Association of REALTORS°.The reproduction of this form, in whole or in part, or the use of the name "Virginia Association of REALTORS®", in connection with any other form, is prohibited without the prior written consent of the Virginia Association of REALTORS°. urfi MXL' d�-msS 06-� VAR FORM 650 REV.7/94 Page 4 of 4 o-_oa onn:VA11650