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HomeMy WebLinkAboutVA199500006 Application 1995-05-08 1 County of Albemarle Department of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 ((�� (804) 296-5875 FAX (804) 972-4060 VA- '"15 DATE: FEE: $95. 00 P" LI M pf OOC) STAFF: 3 Ta.1ln VARIANCE APPLICATION c c �� Q � • ' o VJQl�on ., Lo 4 Nitr Ca OWNER (as currently listed in Real Estate) (.) . rnuvx O 5 e, 40:--c 4.1 Wea-74"7 Negi , me,e- /i4 /i2u rr�s .4ry re Phone ( 5-a,) 5.23 - 4/.2 F Address 1?. 2.2# ,t Xi< <i✓4. r '<< 5 z .7 s_ APPLICANT (if different from above) Name 024-0 GfJ 4),or rr / G sl /�o ,4 {& 1L0,, Phone ('4f) $23 - ,/y- 4 Address / S.1- ( �/ �i°c 3 CONTACT PERSON (if different from above) Name / lf-t Phone (x/) - /Aa-G Day Phone (Sitri Address /) � )k tJ2 Cr 0) 3-93:2' LOCATION: 12)6d1.21d PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY \() TAX MAP 6141 A, PARCEL 11' ; TM 4. , P I a 1 ; TM 4111 , P _ ZONED: ORDINANCE SECTION: 10'4 Board of Zoning Appeals Date: to / (o / b.' a_Wks_ ( ) Special Permit ( ) Variance ( ) Proffers BZA ACTION: \ ?, 1rLPfg.('I ( 5-0) vitLZ'��K� r (14765 . (i -(e- 95 3) VA-95-06 . Edward & Rose Walton & Marie Morris (owners/applicants) . Located in Lake Albemarle on a private • easement off N end of Rt 669 , W of Rt 675, TM41A/P118 , 121&122 , zoned RA. Variance to reduce the reserve drainfield from 100% to 50%. \qlr\ DESCRIPTION OF REQUEST: JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 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. 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. 700 Signature Date Receipt# a e 111 DESCRIPTION OF REQUEST: The owners of parcel 118,121-122, (a.k.a. lots 18,19,20,21,22) Section 41A, Albemarle Lake, (Attachment Ai: Plan for Subdivision, DB 260 p. 487, A2: Tax Map Section 41-A) have joined to combine these parcels to form a 1.1 acre dwelling site and request a variance in the size requirement of a reserve drainfield from 100%to 50% Perc test results from 1990 find"there does not appear to be sufficient area to support both the primary and 100%reserve drainfield sites for a 3 bedroom house." (See Attachment B: Soils and Geological Study, Lots 118-122, Lake Albemarle, E. O. Gooch Associates, 1990). Preliminary indications are that the site may support a 50%reserve site. JUSTIFICATION: 1) That the strict application of this ordinance would produce undue hardship. Strict application of the 100%reserve drainfield requirement would produce a severe hardship, i.e., it would render these lots uninhabitable and unmarketable. This is unfair in that the owners acquired the property in 1973 in reliance on the covenants and restrictions that run with the land and which stipulate that"All sewerage disposal shall be in accordance with the State Health Department" (See Attachment C,copy of DB 313 Pg 334-335;DB 327, Pg 242-243). The Virginia Department of Health currently requires 50%reserve drainfield. In order to create a dwelling site that might comply with the Albemarle County zoning ordinance requiring drainfields be of sufficient area to accommodate 100%reserve drainfield, the owners have joined to offer the parcels as a single homesite of approximately one acre. But the area suitable for installation of drainfield and reserve within this joined parcel is limited by: " 1)the 100'septic setback from stream that flows through the lot 2)shallow soil cover over bedrock at holes C,F and J and 3)steep slopes." (Gooch,1990, Attachment B). 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. Albemarle County tax assessment records show assessments for 14 dwellings in Section 41 A, Albemarle Lake. At least twelve dwellings were built or put in place prior to the date Albemarle County's zoning ordinance went into effect: tax assessment records note six dwellings having been built between 1953 and 1980;one(Lot 124)received a Permit to Install Sewage Disposal System of less than 1000 sq. ft. for a 3 Bedroom dwelling in 1978. Six others do not show the year the dwellings were built. Although one appears quite recent(lot 97A), the balance of these buildings appear to be pre-1980 vintage. Therefore,the hardship confronting the subject homesite has not been shared generally by other properties in the same zoning district and the same vicinity because sewage disposal for those properties complied generally with minimal requirements,or with the requirements of the State Health Department. 3) That 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. The character of the district will not be changed by the granting of the variance since the district is zoned Residential 1, single family dwellings. The owners are asking for a variance that will permit a single family dwelling to be built on the site. Nor will authorization of the variance be of substantial detriment to adjacent property as final approval or rejection of the drainfield sites rests with environmental health specialists of Virginia Department of Health's Thomas Jefferson Health District. l Iron Pip. I : '✓/!E ' Iron Pipe 1 t f 1 ," 1 1 1 1 f 1 f` 1 t 1 ® yv• 1 101 41 ® ® R`T f Ibrs ® _ IV, a° 0.p's'�0 1 0 11• 1 /d/0.. ao .a0 400,s O o� ^ <Q I f 1�1 \ • �.`, 'mot, ao AOcs) I/'OA Pipe MAGNET/C Never" - ^t. O p 1 1 1 )_ ;13. \ o'. . , v., •0. %- �o-9s� ,�� �S r 4 1\1` 3f� pia►, `� a t0 5 0 -0-.�1''s �- qo a ` // 0 18 0_,�` .� moo' a _ o� Iron Pipe ..4. - .q , o (N ro S o `\`R `� �0 1� 4. o Z1 850 0 = �°55 b ° o• u.., oo 0. sq Zyc+i A • `m . pie` y® .1� -_ © 185 0 u.0 "�cs ` ® 0 qo _0ao " a`st• 0 log ® 65. o _ k) \ 0 so a "''' O Iron P�DB t . O `` t� O OI 0 0• 0%9 c• '�,% o o `a.os00. ® sF ¢ -'� `. ,( ` 0. l 2k 5 o n. O e4 s o o. r b ' t[ ` • , .- o 18 'o' w a ��� s o �cv' '+ 'B-o' \\1`o OOo- g5 Gj•0 *-a_ -o' (D•+P oo.y06. `ro . Oti10 , bti V 6o.0' ~/2�f-2q w ,c- 0. 0 ° g i 0 00 0 i`i► .r9> 0 - 9= I. ao,0.so.c• 0.9. Iron Pi e kiN cP\ `u\1117 a o_ 61 °� o_ 6 ��' •o.�' u 0. .h a8Q' 3' aoa P �``o�. 00� ©185. 0 qP � �h o 41p�3 so_ rd ILA �y�/ ^ 0 A. r 9 N • c-, \ e, 15 0. L.= 0 39 L �� O A o- 0 ( \ \ , 15 0. I .0. \ �. >' ®4./' /oo`o, .,. 1 O O ^h +„�,��y. l� CNN o` ';'o O SO 5 v, �� /oe.os' a , , a, I 0 18 0-' Q, ,�� ,11 N'Z•'`-9sg0,�'�DsgO•So- Na A '�.. Os o\% %. 0 1500(�0o ZA I87' c o 4, 1861osa 0 51 W• '99 -I" , o`rRo ^� nti �o. _ `�` ��0 0'0®� $50 0 1 q� O �D•^ ® tzar od O n® ` Iron Pipe .. Cp r`•v, I5 oezi I 105 Esc s2 c o , . `,‘Cu`C.o 150 po-3 185sd p % o ,w.'oo Q'jt K b o, �COo, �/ n �`• ���° i5° , 10°. N//•tents -� �o- 1' °V. o c el o 2 / o� \-1::..., �\� `�'°' I�0 Q 3Z k 1 4�o rr g646 'S�a Yoek 6' , 0 6 c© 0 4, ,'sd �V L CJ c" �� ;, tee, 0 2, a 41 ® y°b2°' 5.4, L h a3 �V‘�`� i9n ` w o 'qc'p o Ns g //d. 0' / 'h .i 5,0 r 41.9 A E,o s .0 _,.-/-i s' •,-.s/s� . b i �\ •.\ % 3,t3•NI-Z ^L "Q.p,.�C S00'50.0' oo'.4.. `oa,r �, G. „.„:, ,7,3S) ,i, \ ,\ f= 51Q 3• .o. 4 \- . \ /r•on Pype /b \ • ® Y 10 *�\v s h h a \1 PLAN FOR SUBD/V/S/ON -- 4sJ.,4Q3' 'R. 94- M n OF PROPERTY OWNED BY °n I �/ C. BALLARD s'"4..., / !N/L L/AM A/� D INP. BALLARD ✓R. 1 • . Iron Pipe \ . Scale:/_"'200, C hot-Jot tesvi/Ie, Va. May, /944 W34kma06 33821.001 07/23/93 bcf RECEIVED MAY 15 1995 DURABLE GENERAL POWER OF ATTORNEY ALBEMARLE COUNTY ZONING DEPARTMENT OF EDWARD NELSON WALTON KNOW ALL MEN BY THESE PRESENTS: That I, EDWARD NELSON WALTON of Hampton, Virginia, do hereby make, constitute and appoint my wife, Rosa Anna Elizabeth Walton, as my true and lawful attorney-in-fact. In the event she is for any reason unable or unwilling to act, I appoint Timothy Wade Walton of Crozet, Virginia, as my true and lawful attorney-in-fact. I refer to my attorney-in-fact herein as my "Agent." My Agent shall act for me and in my name, place and stead, to ask, demand, sue for, receive and recover, of and from all corporations, associations and persons whatsoever, all and every sum or sums of money due and owing, or that may become due and owing to me on any and every account, whether due or to become due, and give receipts for the same, or, at the discretion of my Agent, to compound or compromise for the same, and give discharges; to sign any bond, deed, obligation, contract or other paper; to endorse promissory notes and to renew the same from time to time; to sell stocks, bonds and securities; to draw upon any bank or banks or any corporations, associations or individuals for any sum or sums of money that may be to my credit or which I may be entitled to receive, as I might or could do; to assign, convey, deliver, sell or transfer for adequate or less than adequate consideration any part or parts of my real or personal estate, or any L,AWOFF10ES interest which I may have in any real or personal estate, wheresoever situate; ES to make all necessary deeds and conveyances thereof, with all necessary CAVAN LT!6&KELLY,P.C. Tw;mble Shoals Blsd. Office Box 12888 port News,VA 23612-2888 li 8:3.8000 W34icma06 33 .001 07/23/93 bcf covenants, warranties and assurances, and to sign, seal, acknowledge and deliver the same; to have access, at any and all times as may be necessary, to any safe deposit box held in my name; and to borrow money in my name on such terms as my Agent may deem appropriate and to execute and deliver any documents necessary to give any lender a security interest in any or all of my i j real and/or personal property in connection with any loan. The items enumerated in this General Power of Attorney are listed by I 1 way of explanation and are not intended in any way whatsoever to be considered I a limitation upon the powers of my Agent herein to act in such capacity. My Agent may do all such other acts, matters and things in relation to all or any part of or interest in my property, estate, affairs or business of any kind or t description, in the Commonwealth of Virginia or elsewhere, as I myself might or could do if acting personally. This General Power of Attorney shall not terminate on disability, incompetence or incapacity on my part, and all acts done by my Agent pursuant to this power during such disability, incompetence or incapacity shall bind me as fully as if I were not subject to such disability. I hereby ratify and confirm all lawful acts done by my said Agent by virtue hereof. WITNESS the following signature and seal this L4`Tr1 day of i 1( 1-\•\r1Lk S-1 , 1993. 1 JLJZ.-1-2) 72. ! (SEAL) EDWARD NELSON WALTON LAW OFFICES JONES BLECHMAN WOLTZ&KELLY,P.C. 600 Thimble Shoals Blvd. Post Office Box 12888 Newport News,VA _2 23612.2888 (804)873-8000 "W34kma06' 330a1.001 07/23/93 bcf COMMONWEALTH OF VIRGINIA CITY OF NEWPORT NEWS, to wit: The foregoing instrument was acknowledged before me on the 4-Ch day of +-� 1/4 40 -1 , 1993, by EDWARD NELSON WALTON. Notary Public My commission expires: � � l Lo LAW OFFICES JONES BLECHMAN WOLTZ&KELLY,P.C. 600 Thimble Shoals Blvd. Post Office Box 12888 Newport News,VA _3- 23612-2888 (804)873-8000 ■ ALBEMARLE COUNTY L T • . o.e.2�, Pace 1 a-4 ,„„ly 774 / 7T 1\'V i. _ • • . .,. -'.4 (..)I-,/ • 0 ® (r (4, ► --'. A ,rf• / &.V_\ ev,N -.-'''k r ; p‘, \ ,„,• �, / \ \,,„,alraity‘e- ',''' fri.c.c.:-. \ N__ . ,t,•Wald 6 40• , ---- , irX\.-t..,.. .,.„. . ) N .9'''."="4..."—.--•--r ,,,/ •� `� S • µ II liri 11� .I 1 1 . .o �j�1� 54 • ,,, .16 ) 70 s°' 3f yy 17 % 77 • f7 37 51 34 tl �If � >e ZZ . 4 \ _ u 74„, r.......- , ,)/ .N ,,,, Reft°f: 1 ]0 zs fl x t $1141 I•••- ff „,-) I •- . \''' \ r • . \.•,.. l'-. . F I. WWI ilMET WHITE HALL DISTRICT - SECTION 41-a ALBEMARLE LAKE INSERT 1` T - ALBEMARLE COUNT I 0.8. 260, Faye 487 \\^ • w »e r " - 1 • __X. _ VA-95-06, Marie W. Morris —1 � Tax Map 41A, Parcels 118, 121, 122 j , ill MIN •fr\ .le..,tkl% I) I AMUR/Ir.*.,s \ \,,....raalav,:s IILEWRIE -- -- -. L:A ' -.._....„_____. _____N_ ---4.. - -1 ) N -, ., • 1 \ II • 44 ' It ,\) /73 T 4$ 4$ 713 �/ 12 �� I t 1 N 42 S, 14 ill L.----..Z.:!!-..n.\-\-1%71-Zir: . . GO II 7y 3f ` 35 17 f,� ( . 37 ' 51 ,y4 21 20 1f % ' \\ " 31 st\-- 22 3f t3 ' 30 2 / 91 0 ♦ e! C�� T: "J e+s 74 .p \Ail /' � •mil\• \ I - --''----7.---- .? ,U,t,,,II7 WHITE HALL DISTRICT SECTION 41-A - "' - I. ALBEMARLE LAKE INSERT adie1 /3 GEOLOGIST SUBSURFACE EXPLORATIONS. FOUNDATIONS. EARTH DAMS. SOILANALYSId. 1111 ROSE HILL DRIVE,SUITE 5 E.O.GOOCH BLAST DAMAGE. GEOLOGICAL & LAND USE STUDIES & REPORTS' CHARLOTTESVILLE,VA.22901 CHARLOTTESVILLE (804) 293-7780 ENGINEERS H.G.LAREW,P.E. E. 0. GOOCII AND ASSOCIATES CHARLOTTESVILLE Consulting Geologists and Engineers March 16, 1990 Mr. Clifford H. Fox Real Estate III 500 Faulconer Drive P.O. Box 8186 Charlottesville, Virginia 22906 Re: Soils and Geological Study Lots 118-122 Lake Albemarle Dear Mr. Fox: As requested, we have completed a soils and geological study at the referenced site . The purpose of the study was to determine the suitability of the soils for the disposal of sewage. by means of septic tank/drainfield systems. The investigation has consisted, of drilling a series of hand auger test holes to determine soil profiles. A log of each test hole is shown on the enclosed soil profile sheets along with a sketch showing the approximate hole locations. The holes have been flagged with orange ribbon for future reference. Generally, the soil profile consists of about 6 inches of topsoil beneath which there is a layer of clay loam of variable thickness . This upper clay loam layer is underlain by loam and/or sandy loam which, in turn, grades vertically into the underlying granite gneiss. While soils in the vicinity of holes B, D, E G and H are suitable for installation of drainfield lines, there does not appear to be sufficient area to support both the primary and 100% reserve drainfield sites . The area suitable for installation of drainfield lines is limited by 1 ) the 1.00 foot septic setback from the stream that flows through the lot 2) shallow soil cover over bedrock at holes C, F and J and 3) steep slopes . As you know, final approval or rejection of the drainfield sites rests with the sanitarian with the Charlottesville-Albemarle Health Department . We hope this is the information if you need, if any questions, please let us know. Very truly yours, E.O. Gooch & Associates Steve Gooch E. O. GOOCH & ASSOCIATES Consulting Geologists and Engineers Soil Profile Subdivision Lake Albemarle Location I I\ L Lot No. 118 , 119 , 120, 121 , 122 �` u y - . s , P ' F ,(1 for sL / c •L 4H lop / - �( p0 ,3 04) 1 A • 5(qk r"_(00' /• . - 5.1( 13•04,ctiq_ �>7,1 Hole Slope Depth Material Description ( inches) A 10% 0-6 Topsoil 6-48 Brown loam (weathered rock) 48 Hard B 6% 0-6 Topsoil 6-18 Brown loam 18-60 Yellow-brown sandy loam C 9% 0-6 Topsoil 6-24 Brown loam with rock fragments 24 Bedrock D 5% 0-6 Topsoil 6-24 Red-brown clay loam 24-60 Brown sandy loam E 5% 0-6 Topsoil 6-12 Brown-red clay loam 12-36 Brown loam (weathered rock) 36 Hard F 7% 0-6 Topsoil 6-24 Brown loam with rock fragments (weathered rock) 24 Hard G 7% 0-6 Topsoil 6-30 Red-brown clay loam 30-60 Brown-green sandy loam tr. soil profile cont . Lake Albemarle lot nos , 118 , 119, 120 , 121 , 122 Hole Slope Depth Material Description ( inches) H 8% 0-6 Topsoil 6-36 Brown sandy loam 36 Bedrock I 25% 0-6 Topsoil 6-48 Brown sandy loam 48 Hard J 25% 0-6 Topsoil 6-24 Brown sandy loam with rock fragments 24 Bedrock Remarks : Favorable percolation rates can be expected in the clay loam, loam and sandy loam in the vicinity of holes B, D, E, G, and H. However , there does not appear to be sufficient area to support both the primary and 100% reserve drainfield sites for a 3 bedroom house . . 4G�r ends 528 nci181 B(i„X THIS DEED made this 24th day of April, 973,'by and 19. between PAUL S. COINER and CLARICE S..COINER, husband and wife, parties of the first part, and CARL W. MORRIS and EDWARD N. WALTON parties of the second part, ' W I T N E S S E T H : That for and in consideration of the sum of TWENTY-FIVE HUNDRED AND NO/100 DOLLARS ($2500.00) cash in hand paid by the • parttesof the second part to the parties of the first part, receipt lof all of which is hereby acknowledged, the parties of the first part do hereby GRANT, BARGAIN, SELL and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS of Title unto Carl W. Morris and Edward N. Walton, jointly as tenants in common, the following real property lying in the White Hall Magisteral District of Albemarle County, Virginia, and being more particularly described as Lots 18, 19, and 20 on a plat of record in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, in Deed Book 260 page 487. The lots conveyed herein have appurtenant to them a non- exclusive right of way for telephone, electric and water pipe lines along and within 10 feet of the boundary of the property of the Commission of Game and Inland Fisheries. By deeds dated May 29, 1953 and July 23, 1956 recorded p 3 in the aforesaid Clerk's Office in Deed Boo 313 page 335 nd � '/ Deed BookQ 27 page 74 respectively, Willis P. a ard, II and wife conveyed lots 18, 19 and 20 to the parties of the first part. This conveyance is made subject to the restrictions and agreements set forth in the aforementioned deeds. WITNESS the following signatures and seals: D.LT AND P.CN►OaD , Z,C, • -.�e_<J (SEAL) w�. (Paul S. Coiner tw CowerNosu Cn*S.a n.nua C)9 o.�w_a C• �� a� (SEAL) Clarice S. Coiner • • t,rATR TAX 8. ;'Jr C TY TAX {... I• �� • ' TRAI : " rti S.-11.o PLOT Y. S�C.50-51(te$.... TOTAL $ /G•�d evii<5{2 FAL(263 THIS DEED made this 10th day of December,11973, by and between E. Herbert Eby and Floris R. Eby, husband and wife, hereinafter sometimes referred to as the Grantors, and Carl W. Morris and Edward N. Walton., hereinafter sometimes referred to as the Grantees, �;I,A CJ W I T N E S S E T H : W mI /W(1 A For and in consideration of the sum of Two Thousand Three Hundred Dollars ($2,300.00) cash in hand paid by the Grantees to the Grantors, receipt of which is hereby acknowledged by the Grantors/ E. Herbert Eby)and Floris R. Eby do hereby GRANT, BARGAIN, SELL,Herber(Eby)and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto Carl W. Morris and Edward N. Walton, as tenants in common, all those two certain lots of land in Albemarle County, Virginia, near White Hall, north of the property owned by the Commission of Game and Inland Fisheries of the Commonwealth of Virginia known as Lake Albemarle, shown as Lots 21 ands a plat recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia, Deed Book 260, page 487. Said Lots 21 and 22 are the same property in all respects conveyed to the Grantors by deeds of Willis P. Ballard, II, and Mary L. Ballard, his wife, dated September 7, 1956, and June 8, 1957, of record in said Clerk's Office in Deed B , page 242, and Deed Book 333, page 424, respectively. The lots hereby conveyed have appurtenant to them a non-exclusive right of way for telephone, electric, �' ��� and water pipe lines along and within 10 feet of the boundary of the property of the Commission of Game and 3 '7 G S( Inland Fisheries. Said lots are subject to the restrictions and agreements set forth in the aforementioned deeds. lir «., VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, October 3, 1956: • , This deed was presented to me in said office and with certificate annexed t.+ r`,, 0)/ 1 admitted to record at 12:15 P. M. And $5.50 stamp affixed. Testes r;.!t fin. °1r.�f 1 Clerk ,"`•��44. • .-,'k =* * * * * * * * * * * * * * * * W . • t.,; Willis P.Ballard, THIS DEED, made this 7th day of September, 1956, between Willis P. II, &c Ballard, II, and Mary L. Ballard, his wife, parties of the first part, and To: B & S E. Herbert Eby, party of the second part, E.Herbert Eby , r Fee $ 4.00 , ' .1 ' t i Tax .45 WITNESSET H: ah,. Tran 1.00 Paid $ 5.45 : 1,4 That for and in consideration of $10.00 (TEN DOLLARS) and other Y' L_ II valuable consideration, the receipt of which is hereby acknowledged, Willis P .. i.* % \\P:11..1`\ Ballard, II and Mary L. Ballard grant, bargain, sell and convey, with GENERAL ek- \ WARRANTY OF TITLE, unto E. Herbert Eby all that certain lot of land in Albe- marle County, Virginia, near White Hall, north of the property owned by the . q\'IJ' \h i Ht Commission of Game and Inland Fisheries of the Commonwealth of Virginia, kno . as ^Lake Albemarle", shown as lot 21 on a plat recorded in the Clerk's Office '' of the Circuit Court of Albemarle County, D. B. 260, p. 487, being a part of 4 the property conveyed to the parties of the first part by William H. Ballard and wife by deed of partition dated January 25, 1952, and recorded in said Clerk's Office in D. B. 299, p. 144,. Reference is made to said deed and plat , '.; I for a more complete description of the said land. I 1 The parties of the first part grant to E. Herbert Eby as appurtenan , , x 1 to the lot hereby conveyed, a right of way for telephone lines and lines for the conveyance of electric current and water pipe lines along the roadway on ' !' the northern boundary of said lot 21 to the property of the Commission of Game and Inland Fisheries aforesaid. Any telephone, electric or water lines constructed to serve the lot hereby conveyed may also be used to serve the ' owners of land and lots of others to whom the grantors or their assigns have or may convey off of said land. Said lot is conveyed subject to the following agreements or restric tions which shall be covenants running with the land: 1. No part of said land shall be owned or occupied by any person o the Hebrew race or not of the Caucasian race, except servants. — 2. Only one residence shall be erected thereon which shall cost no, less than $1,000.00, except with the consent of Willis P. Ballard, II, or his • heirs. No building shall be erected thereon except a lodge or private resi- dence for use by a single family, and outbuildings convenient to the use ther=- I of, without the consent of Willis P. Ballard,II, or his heirs. 3. No business shall be conducted on the aforesaid land or any part of it except with the consent of Willis P. Ballard, II, or his heirs. 4. No sub-division of said lot by sale or otherwise may ba.madS without the consent of Willis P. Ballard, II, or his heirs. ' ' II 5. All sewerage disposal shall be in accordance with the State Health Department. 6. The owners shall erect and maintain a woven wire fence where necessary around said land suitable for turning cattle. I/ 7. The owners of said lot shall have the right of access over the roads shown on said plat to the Albemarle Lake property and roads thereon V4IOrVed for the benefit of land to be sold off by J. C. Ballard in his deed 1 i %i h► T► Hil1,0 AeV FAO Wthor,%, "rwAte a, arit�; iixat : , 1. ., thZ6i revs4:e4 IM i said Clerk's Office in D. B. ,240, P. 5y0. The parties of the first part covenant with the parties of the sec- ond part that they have the right to convey said land to the grantee; that Ithe grantee shall have quiet possession of said land, free from all encumbran4 ces; that they have done no act to encumber said land, and that they will execute such further assurances of said land as may be requisite. I WITNESS the following signatures and seals: Willis P. Ballard, II (SEAL) Mary L. Ballard (SEAL) BTA.E OF VI KGINIA COUNTY OF ALBP.MARLF., to-wih I, Dorothy Mayo Stanton, a notary Public in and for the Bounty afor '- said in the State of Virginia, do hereby certify that Willis P. Ballard, II, and Mary L. Ballard, whose names are signed to the foregoing writing bearing date the 7th day of September, 1956, have acknowledged the same before me in my County and State aforesaid. Uiven under my hand this 18th day of September, 1956. My commission expires October 10, 1959. Dorothy Mayo Stanton, Notary Public VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, October 3, 1956. I This deed was presented to me in said office and with certificate annexed admitted to record at 4:45 P. M. And $.55 stamp affixed. Teste: rim-ff *1a .i..t .) , Clerk 77:"4.) KNOW ALL MEN BY THESE PRESENTS: Anna M.W 1 That I, Anna M. W. Langlotz, of Albemarle County, Virginia, have Tot Powe made, constituted and appointed, and by these presents do make, constitute Robert C and appoint my grandson, Robert ". Langlotz, of Albemarle County, Virginia, Fee my true and lawful attorney, for me and in my name, place, and stead, to ask, demand,sue for, recover, and receive of and from all corporations, associations I and persons whatsoever, all and every sum or sums of money due and owing, or i( 4 that may become due and owing to me on any and every account, whether due or /57 to become due, and give receipts for the same, or, at his discretion, to com- pound or compromise for the same, and give discharges; to sign any bond, note, deed, obligation, contract, or other paper; to endorse promissory note, rind to' 1j 1 )45, 1333 4, . . Given under my hand this loth day of November 1 954• My commission expires the 20th day of September 1958. ,I Mary Mann Nash, Notary Public. VIRGINIA: I In the Clerks Office of Albemarle Circuit Court, November llth 1954. This deed was presented to me in said office and with certificate annexed !admitted to record at 11:10 A.M. Teste: ' i.ULJ,Clerk. THIS DEED, made this 29th day of May, 1953, between Willis P. Willis P.Ba]h+ et al ! Ballard, II, and Mary L. Ballard, his wife, parties of the first part, and To: B & S Paul S. Coiner and Clarice S. Coiner, his wife, parties of the second part, Paul S. Coine Fee $4.00 W I T N E S S E T H: Tax 1.35 Tran 1.00 Paid $6.35 That for and in consideration of EIGHT HUNDRED AND FIFTY DOLLA'IS ($850.00), paid in cash, the receipt whereof is hereby acknowledged, Willis P Ballard, II, and Mary L. Ballard grant, bargain, sell and convey, with GENERAL WARRANTY of Title, unto Paul S. Coiner and Clarice S. Coiner, as tenants by I/ the entireties with commoh law right of survivorship and not as tenants in' dd,i- mon, all that certain lot or land in Albemarle County, Virginia, near White Hall, just north of and adjoining the property owned by the commission of Gam ! Inland Fisheries of the Commonwealth of Virginia, known as "Lake A];bemarlent . ( made up of four adjoining lots shown as lots 15, 16, 17 and 18 on a plat ree� cd- ed in the Clerk's Office of the Circuit Court of Albemarle County, D. B. 260i p. 487, being a part of the property conveyed to the parties of the first par by William H. Ballard and wife by deed of partition dated January 25, 1952, and recorded in said Clerk's Office in D. B. 299, p. 144• Reference is made to said deed and plat for a more complete description of the said land. The parties of the first part grant to Paul S. Coiner and Cla- 1 Trice S. Coiner, as appurtenant to the lot hereby conveyed, a right of way for ' Itelephone line and lines for the conveyance of electric current and water pip: lines along and within 10 feet of the boundary of the property of the Commis- ! sion of Game and Inland Fisheries aforesaid. Any telephone, electric or wate9 lines constructed to serve the lot hereby conveyed may also be used to serve_ the owners of..land and lots of others to whom the grantors or their assigns ' have or may convey off of said land. Said lot is conveyed subject to the following agreements or re I/ strictions which shall be covenants ruhning with the land: 1. No part of said land shall be owned or occupied by any per sons of the Hebrew race or not of the Caucasian race, except servants. 2. Only one residence shall be erected thereon which shall cost not less than $1,000.00 except with the consent of Willis P. Ballard, I � II W or his heirs. No building shall be erected thereon except a lodge or private residence for use by a single family, and out-buildings covenient to the use thereof, without the consent of Willis P. Ballard, II, or his heirs. 3. No business shall be conducted on the aforesaid land or any part of it except with the consent of Willis P. Ballard, II, of his heirs 4. No sub-division of said lot by sale or otherwise may be male without the consent of Willis P. Ballard, II, or his heirs. 5. All sewerage disposal shall be in accordance with the Stat- Health Department. 6. The owners shall erect and maintain a woven wire fence whe e necessary around said land suitable for turning cattle. 7 The owners of said lot shall have the right of access to th- Albemarle Lake property and roads, thereon reserved for the benefit of land to be sold off by J. C. Ballard in his deed to A. T. Dulaney and others, Tru-, tees, dated Augus 23,__1934-r--and e • • -. - • - - • : ' ' - • 6 - oo page 59Qy— The parties of the first part covenant with the parties of the second part that they have the right to convey said land to the grantees; tha • the grantees shall have quiet possession of said land, free from all encumbra - ces; that they have done no act to encumber said land, and that they will exe cute such further assurances of said land as may be requisite. WITNESS the following signatures and seals. Willis P. Ballard II (SEAL) Mary L. Ballard (SEAL) STATE OF VIRGINIA COUNTY OF ALBEMARLE, to-wit: I, Mary G. Hisle, a Notary Public for the County aforesaid, in , the State of Virginia, do hereby certify that Willis P. Ballard, II, and Mary L. Ballard, whose names are signed to the foregoing writing, bearing date on the 29th day of May, 1953, have acknowledged the same before me in my said FCounty and State. `i Given under my hand this 10th day of June, 1953. My commission expires 4/25/56. a Mary G. Hisle, Notary Public VIRGINIA: IN THE CLERK'S OFFICE OF ALBEMARLE CIRCUIT COURT, November 11, 1954. ' This deed was presented to me in said office and with certificate annexed admitted to record at 2:30 P. M. And $1.10 stamp affixed. it II Teste: fl\Lzki , Clerk jl li