HomeMy WebLinkAboutHS202100055 Plan - Approved 2022-03-28 APPROVED
by the Albemarle County
Community Devel pment Department
Date 3 —22)2 Z ,.rt+,, , Albemarle County
z
Homestay File <� ►': Community Development
'�® `1 401 McIntire Rd.,North Wing
-
Charlottesville,VA 22902
Zoning Clearance Application
Phone 434.296.58321 Fax 434.972.4126
Application fee:$173.76
Submit this completed application with the following online or to the address above: Aepkaeon$u9+Technology Surcharge$4,76.Inspection$50
1. Floor plan/property sketch with labeled structures used for the homestay,guest bedrooms,owner's bedroom,outdoor lighting
and signage for the homestay,labeled setbacks,and parking(minimum 2+1 spot/guest bedroom).
2. Copies of two forms of verification of residency(one government issued with photo ID+one listing the address-acceptable forms
include driver's license,voter registration card,U.S.passport,others as approved by the Zoning Administrator)
I Homestay Information
Residentially zoned and rural area parcels of less than 5 acres may have 2 guest bedrooms by-right.Use of accessory structures(if built before August 7,2019)is
only permitted by-right on rural area parcels of 5+acres.Whole house rental is only permitted on rural area parcels of 5+acres.
ADDRESS. c tl I I(rf i( h01 ( fr-
CITY,STATE.LIP: Vt)L46( i Nit r 2.2cicri
TAX MAP PARCEL(IF KNOWN): 6S - $4 WI ZONING(IF KNOWN).
ADVERTISED NAME OF HOMESTAY(IF APPLICABLE)- I ACREAGE OF PARCEL 4Z.34Z
NO OF GUEST BEDROOMS: I 2 USING ACCESSORY STRUCTURES? 0 YES In NO WHOLE HOUSE RENTAL? DYES 0 NO
2.Property Owner/Operator Information
NAME L- 11-tt 6t 11- �e
HOME ADDRESS: -10 0 nerr'i. ". \\ CW h
CITY.STATE,ZIP: \(t N u C Vl Y Q I 22.141
PHONE NUMBER: 4�({ l el 2� ' + EMAIL •�. L I IZ.o.CCLL(... r.trrr r` t k.r�•
- (ors
3.Responsible Agent Information
The responsible agent must be available within 30 miles of the homestay at all times during a homestay use,and must respond and attempt in good faith to
resolve any complaints within 60 minutes of being contacted.
NAME: �I11„co....\ 1c �(
HOME ADDRESS. l b Y 11((r(L 11111 C-1,,t�
CITY,STATE,ZIP: \(t)ukd (N, 1_ 2_dt VI L PHONE NUMBER. (4 3 4 4.Y/r al 54 I EMAIL `l i 12f..6/
(L� (.. A(rrlk.mll\ ft✓n
4.Signature
I hereby apply for approval to conduct the homestay identified above,and certify that this address is my legal residence,and that I own
the property or that I have redeved a sped exception to ope homestay as a resident manager.I also certify that I have read the
restrictions on homestays,that I unde them, I wi by them.
SIGNATURE. DATE: is N W Lot,'
FOR OFFICE
yUSE
E}]ONLY
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Fee Amt:$169+4% Dateat Paid:ai '"4'1[91 Safety inspection date: 2 l-'2 ❑� ,t7,Fail 2nd inspection date:3 1 1-io s'O Fail
Receipt 4A� --`4Ef s I`rtCF VDH Food Service(if necessary} / pin _�g eee���0 ID
- Ck#c C. i Notes: Reviewd By-
Received L�►�n^�
by.i ' D te: ''W!/Z
H S# _ Q :7�J 1_._...... _ proved ❑Denied
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To Whom it May Concern
I am asking for a special exception in regard to the setback distance (125 ft) required
between where the property/structure that I am applying to be certified for short stay
rental is and the boundary line of a property not owned by the same legal entity.
The reason for this is that I do own the adjoining property. Its owned by a company called
Merrie Mill Farm LLC which I own 100%.
The legal entity name maybe different but the owners of the two parcels of land are the
same.
Thanks
Elizabeth Pelly.
LINE BEARING DISTAN
El S24'27'09*E 21.0
E2 S36'51'28'E 37.0
RESIDUE E3 S41 '31'27'E 239.1
E4 S45'55'34'E 75.5
TMP 65-84B E5 S55'27'59'E 47.E
371 , 128 AC. E6 S74'53'33'E 35.
E7 N79.23'09'E 21.0
Sat S . 2g"� VA.OUTDOORS FOUNDATION
CONSERVATION EASEMENT
D.B.3101 P.462-475
MF
M', __� � IF.
�'-- -- s 30' Shared Drib
e `� " �ry�F'glp/y�-� _ boar. 6 44en e '30" Access & Main'
5 `j _ DB5150
Z
S27.444.1 ,31"E
- -- - - -- - - - - - - - - --- - -- - paved -=-- _-_'- _
lamp* •
-- #708 -�_�
126.7'X 54.3'
` ` I Brick & Frame 34.9'X 20.1'
' w/basement metal gar.C
. .
` covered
�� 0#1 well
4Grid
' c 22'X 17'EJ
,, metal shed
, ,
--- -=- - lamp CD
=VISE D TM P 65-8 B 1 -- 36.5'X 18 P opane
frame cottage tank
2.342 Ac.(Revised) Utility
TPole
S (typical)
I
Official Receipt
=�,
1l Albemarle Circuit Court
Jon R. Zug
501 E. Jefferson St
Charlottesville, VA 22902
(434) 972-4083
Receipt For: VALERIE LONG
Cashier : MEB
Instrument Type : AMEND Receipt# : 2021-085888
Instrument# : 202100014220 Date : 08/17/2021 12:00pm
Book/Page : 05592 /0535-00542 Pages : 8 Document : 2 of 2
1st Grantor: MERRIE MILL FARM LLC A VIRGINIA LIMITED LIABt&t5'M231i1PANY
1st Grantee : MERRIE MILL FARM LLC A VIRGINIA LIMITED LIABBILitte@®1APANY
Description: SEE INSTRUMENT PARCEL 65-84B, PARCEL 65-84B1
Consideration: 0.00 Value: 0.00 Pct: 100.00%
1st City: Y
Item# Description Qty Unit Cost Extended
035 VOF 1 3.00 3 00
301 Clerk 1-10 Pages 1 14.50 14.50
145 VSLA 1 3.50 3.50
106 TTF 1 5.00 5.00
Document 2 26.00
Grand Total 100.00
Check 589319 -100.00
Balance 0.00
Customer Copy
This instrument prepared by and
upon recording return to:
Valerie W.Long,Esq.(VSB#42968)
Williams Mullen,P.0
321 East Main Street,Suite 400
Charlottesville,Virginia 22902
DEED OF BOUNDARY LINE ADJUSTMENT
THIS DEED OF BOUNDARY LINE ADJUSTMENT (this "Deed") is made as
of this 1 day of J14.l)r , 2021, by and among MERRIE MILL FARM, LLC, a
Virginia limited liability company, to be indexed as grantor and grantee ("Merrie Mill
Farm"), and ELIZABETH W. PELLY (the "Trustee"), as Trustee of the ELIZABETH
W. PELLY REVOCABLE LIVING TRUST, DATED DECEMBER 23, 2014 (the
"Trust Agreement"), to be indexed as grantor and grantee, whose address is P.O. Box 70,
Keswick, Virginia, 22947; FINANCIAL FEDERAL BANK, whose address is 1715
Aaron Brenner Drive, Suite 100, Memphis, TN 38120, to be indexed as grantor and
grantee (the "Bank"), and JAMES P. COX, III, a resident of the City of Charlottesville
as Trustee, to be indexed as Grantor and Grantee (the "Bank Trustee").
WITNESSETH:
WHEREAS, Merrie Mill Farm is the owner of that certain parcel of real property
located in Albemarle County, Virginia (the "County"), designated by the current tax
maps of the County as tax map parcel 65-84B ("Parcel 65-84B"), by Deed of Assumption
from Guy Pelly and Elizabeth Pelly, husband and wife, recorded in the Clerk's Office of
the Circuit Court of the County (the"Clerk's Office") in Deed Book 5150 at page 53;
WHEREAS, the Trust is the owner of that certain parcel of real property located
in the County, designated by the current tax maps of the County as tax map parcel 65-
84B1 ("Parcel 65-84B1"), by Deed from Elizabeth W. Pelly, recorded in the Clerk's
Office in Deed Book 5428 at page 241;
WHEREAS, Merrie Mill Farm and the Trust desire to adjust the mutual boundary
lines between their respective properties as shown on that certain plat prepared by
Roudabush, Gale & and Associates, Inc., entitled "PLAT SHOWING A BOUNDARY
LINE ADJUSTMENT BETWEEN TAX MAP 65 PARCEL 84B AND TAX MAP 65
PARCEL 84B1, "MERRIE MILL FARM," RIVANNA MAGISTERIAL DISTRICT,
ALBEMARLE COUNTY VIRGINIA," dated January 14, 2020, revised April 15, 2021
(the "Plat"), which Plat is attached hereto as Exhibit A and incorporated herein; and
WHEREAS, to effect the desired changes, it is necessary for the parties to join in
this Deed.
1 a
which is hereby acknowledged by the parties, the parties hereto agree as follows:
The Trust hereby GRANTS and CONVEYS with SPECIAL WARRANTY unto
Merrie Mill Farm, its successors and assigns, to have and to hold, in fee simple, with the
improvements thereon and the appurtenances thereunto belonging, that certain parcel of
real property located in Albemarle County, Virginia, described as follows:
All that certain tract or parcel of land, containing 0.048 acres, shown and
labeled as "Area 'Y' 0.048 AC, Portion of TMP 65-84B1" on the Plat,
which land shall be added to Parcel 65-84B.
Merrie Mill Farm hereby GRANTS and CONVEYS with SPECIAL
WARRANTY unto the Trust, its successors and assigns, to have and to hold, in fee
simple, with the improvements thereon and the appurtenances thereunto belonging upon
the trusts and for the uses and purposes set forth herein and in the Trust Agreement, that
certain parcel of real property located in Albemarle County, Virginia, described as
follows (the"Real Estate"):
All that certain tract or parcel of land, containing 7.704 acres, shown and
labeled as "Area 'X' 7.704 AC., Portion of TMP 65-84B" on the Plat,
which land shall be added to Parcel 65-84B 1.
TOGETHER WITH an easement for ingress and egress to and from State
Route 22 (Louisa Road) along the area shown as "New 30' Shared
Driveway Access and Maintenance Esmt." on the Plat.
In addition to the powers granted in the Trust Agreement and by law, full power
and authority are hereby granted to the Trustee and her successors (i) to protect and
conserve the Real Estate; (ii) to sell, contract to sell and grant options to purchase the
Real Estate or any part thereof and any right, title or interest therein on any terms; (iii) to
exchange the Real Estate or any part thereof for any other real or personal property on
any terms; (iv) to convey the Real Estate or any part thereof by deed or other conveyance
to any grantee, with or without consideration; (v) to mortgage, pledge or otherwise
encumber the Real Estate or any part thereof; (vi) to lease, contract to lease, grant options
to lease and renew, extend, amend, and otherwise modify leases of the Real Estate or any
part thereof from time to time, for any rental and upon any other terms and conditions for
any period (whether or not extending beyond the term of the Trust Agreement); and (vii)
to release, convey or assign any other right, title or interest of the Trustee whatsoever in
and to the Real Estate or any part thereof. In the event there is more than one Trustee of
the Trust Agreement, all authority, power and discretion herein granted to the Trustee
may be exercised by any one of them, without the other, with the same effect as if
exercised jointly by all of them.
part thereof or any interest therein shall be conveyed, contracted to be sold, leased or
mortgaged by the Trustee shall be (i) obligated to see to the application of any purchase
money, rent or money borrowed or otherwise advanced on the interest of the Trustee in
the Real Estate; (ii) required to see that the terms of the Trust Agreement have been
complied with; (iii) obligated to inquire into the authority, necessity or expediency of any
act of the Trustee; or (iv) privileged to inquired into any of the terms of the Trust
Agreement.
Every deed, mortgage, lease or other instrument executed by the Trustee in
relation to the Real Estate shall be conclusive evidence in favor of every person claiming
any right, title or interest thereunder: (i) that at the time of the delivery of such instrument
the Trust Agreement was in full force and effect; (ii) that such instrument was duly
executed in accordance with the terms and conditions of the Trust Agreement and is
binding upon all beneficiaries thereunder; (iii) that the Trustee was duly authorized and
empowered to execute and deliver every such instrument; and (iv) that any successor
trustee or trustees have been properly appointed and are fully vested with all the title,
estate, rights, powers, duties and obligations of their predecessor in trust.
The Trustee shall have no individual liability or obligation whatsoever arising
from her ownership, as trustee, of legal title to the Real Estate, or in otherwise acting as
trustee hereunder.
The interest of every beneficiary hereunder and under the Trust Agreement, and
of all persons claiming under any of them, shall be only in the earnings, income and
proceeds arising from the rental, sale or other disposition of the Real Estate. Such
interest is hereby declared to be personal property, and no beneficiary hereunder and
under the Trust Agreement shall have any right, title or interest, legal or equitable, in or
to the Real Estate, as such, but only in the earnings, income, and proceeds thereof as
provided in the Trust Agreement.
This Deed is subject to the terms of a Deed of Gift of Easement dated October 18,
2005 for the benefit of the Virginia Outdoors Foundation, recorded in the Clerk's Office
in Deed Book 3101 at page 462.
These conveyances are made expressly subject to such recorded restrictions,
conditions and easements as may lawfully apply to the Property and to such state of facts
as would be shown by a current survey and inspection thereof.
Parcel 65-84B and Parcel 65-84B1 are encumbered by a Credit Line Deed of
Trust by and between Guy Pelly and Elizabeth Pelly as Grantor, and James P. Cox, III,
Trustee, dated April 10, 2018, and recorded in the aforesaid Clerk's Office in Deed Book
5033, page 427 (the "Deed of Trust"). Pursuant to a Deed of Assumption between Guy
Pellv and Elizabeth Pellv as Grantors. and Merrie Mill Farm. LLC. as Grantee dated
Deed of Trust, as such terms are defined in the Deed of Trust and in the Deed of
Assumption. The Bank and the Bank Trustee join in this Deed of Boundary Line
Adjustment to evidence their consent and agreement to the terms hereof.
The Bank and the Bank Trustee further join in this Deed of Boundary Line
Adjustment to consent to the prior conveyance from Guy Pelly and Elizabeth Pelly to
Elizabeth W. Pelly by Deed of Gift dated as of November 17, 2020, recorded in the
aforesaid Clerk's Office in Deed Book 5428, page 238, and to consent to the prior
conveyance from Elizabeth W. Pelly to Elizabeth W. Pelly as Trustee of the Elizabeth W.
Pelly Revocable Living Trust dated December 23, 2014 by Deed dated as of November
17, 2020, recorded in the aforesaid Clerk's Office in Deed Book 5428, page 241.
[SIGNATURE PAGES IMMEDIATELY FOLLOW]
MERRIE MILL FARM:
MERRIE MIL FARM, LLC,
a Virginia lim ed liability pan
By: 6 /t-C.-1
Elizabet W. Pelly, Manager
TRUSTEE:
i /krit 2, L-(/u
Elizabeth W. Pelly, Trustee of the fizabeth W. Pelly
Revocable Living Trust, dated December 23, 2014
COMMONWEALTH/STATE OF VIgvrLt4t )
`J )TO-WIT
CITY COUNTY OF ahad He5vrl/L )
The foregoing instrument was acknowledged before me,
PAOwe Txot c-5 , Notary Public, this5d day of it.5f- . 2021,
by Elizabeth W. Pelly, who voluntarily acknowledged this instKiment as Manager of
Merrie Mill Farm, LLC, a Virginia limited liability company, on behalf of the company,
and as Trustee of the Elizabeth W. Pelly Revocable Living Trust, dated December 23,
2014.
'--Me.Wk-,- *Zc)
�..••••'•'•••% Notary Public
'•NOTARY•'•.q.�'�
• PUBLIC •. Registration Number: -7 70 7 5-9-9
(SEAL) : Z REG#7700609 0 - My commission expires: 7/3//av2`(
••. 7131t2024 le
FINANCIAL FEDERAL BA '
4/
By: //�� � ,, /
Printed Name: jt? t N1��! w12
Title: 6, El
STATE OF TENNESSEE
COUNTY OF SHELBY, to-wit:
The foregoing instrument was acknowledged before me this I24`day of jN.Jy
2021, by JC{nt W order_ &h . as C E 0 , on behalf of
Financial Federal Bank, who is personally known to me or provided satisfactory
identification to me.
.)8
(Akvv
Public
My commission expires: I— jg-aaa2
Notary Registration Number:
t7 w� Ole
NOTARY
PUBUC tiry
BY CO Net
�MM. co.1,
Jame P. Cox, III, Trustee
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE, to-wit:
The foregoing instrument was acknowledged before me this 3 day of/ }s\"
2021, by James P. Cox, III, Trustee, who is person ly known to me or provided
satisfactory identification to me. r'
Q6C._
Notary Public
My commission expires: I.P1314
Notary Registration Number: (O I S r11
• LL D W00 ET
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IQ13111011-1
44197591_3
Boundary Line Adjustment Plat
By Roudabush, Gale & Associates, Inc.
Dated January 14, 2020, revised April 15, 2021
44197591 3
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(AP 119/EO OR RECORDATION i. ■
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Commonwealth of Virginia VA CODE§§17 1-223,-227 1,-249
FORM A—COVER SHEET CONTENT
Instrument Date: 7/12/2 021
Instrument Type: AMErrD . .
Number of Parcels: . 2 .. Number of Pages: 5
[ ] City [X] County ALBEMARLE
CIRCUIT COURT
Tax Exempt? VIRGINIA/FEDERAL CODE SECTION
[ ] Grantor: ...
[ ] Grantee: .
Business/Name (Area Above Reserved For Deed Stamp Only)
1 X Grantor: MERRIE MILL FARM, LLC, A VIRGINIA LIMITED LIABILITY COMPANY
2...... X Grantor: ELIZABETH W. PELLY, AS TRUSTEE OF THE ELIZABETH W. PELLY REVOCABLE LIVING TRUST, DA'
1 X Grantee: MERRIE MILL FARM, LLC, A VIRGINIA LIMITED LIABILITY COMPANY
2 x Grantee: ELIZABETH W. PELLY, AS TRUSTEE OF THE ELIZABETH W. PELLY REVOCABLE LIVING TRUST, DA'
Grantee Address
Name: MERRIE MILL FARM, LLC, A VIRGINIA LIMITED LIABILITY COMPANY
Address: . .... . ..
City: . State: VA Zip Code: ....
Consideration: $0.0 0 Existing Debt: $0.0 0 Actual Value/Assumed: $0.0 0
PRIOR INSTRUMENT UNDER§581-803(D)
Original Principal. $0.0 0 Fair Market Value Increase $0.0 0
Original Book No Original Page No• . .. . . Original Instrument No .
Prior Recording At: [ ] City [ ] County • ....... • Percentage In This Jurisdiction: 100%
Book Number: . . . Page Number: Instrument Number:
Parcel Identification Number/Tax Map Number: 06500-00-00-084a
Short Property Description: SEE INSTRUMENT
PARCEL 65-84B, PARCEL 65-84B1
Current Property Address: MERRIE MILL FARM, 594 MERRIE MILL FARM, KESWICK
City: KESWICK State: VA Zip Code: 22947
Instrument Prepared By: WILLIAMS MULLEN Recording Paid By: VALERIE LONG
Recording Returned To: VALERIE LONG
Address: WILLIAMS MULLEN, 321 EAST MAIN ST, SUITE 400
City: CHARLOTTESVILLE State: VA Zip Code: 22902
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FORM CC-1570(MASTER,PAGE ONE OF THREE )10/19
Cover Sheet A
0 Copyright 2014 Office of the Executive Secretary,Supreme Court of Virginia All rights reserved
VIRGINIA LAND RECORD COVER SHEET
Commonwealth of Virginia VA CODE§§17.1-223,-227 1,-249
FORM B—ADDITIONAL GRANTORS/GRANTEES
Instrument Date: /12/2 0 21
Instrument Type: .AMEND
Number of Parcels: 2 Number of Pages: 5. ...
[ 1 City [XI County .. . ALBEMARLE
... ... .. ........
CIRCUIT COURT
Grantor Business/Name (Area Above Reserved For Deed Stamp Only)
3 X Grantor: FINANCIAL FEDERAL BANK
.
4 X Grantor: JAMES P. COX, III
. Grantor:
. .. ... Grantor: . . .
. ... Grantor: . ..
Grantor: .
... Grantor: . . . .
Grantor: . .. . ..
Grantee Business/Name
3 X Grantee: FINANCIAL FEDERAL BANK
. ....................... . . .. . . .
4 X Grantee: JAMES P. COX, III
.. Grantee:
Grantee: . . .. .
Grantee: ........ .
Grantee: . .
Grantee: . . . ....
Grantee:
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FORM CC-1570(MASTER,PAGE TWO OF THREE )10l14
0 Copyright 2014 Office of the Executive Secretary,Supreme Court of Virginia All nghts reserved Cover Sheet B
VIRGINIA LAND RECORD COVER SHEET
Commonwealth of Virginia VA CODE§§17 1-223,-227 1,-249
FORM C—ADDITIONAL PARCELS
Instrument Date: 7/12/2 0 21
Instrument Type: . .. AMEND
Number of Parcels: 2 .. Number of Pages: 5
[ ] City [X] County ALBEMARLE
CIRCUIT COURT
Parcels Identification/Tax Map
Prior Recording At:
[ ] City [ ] County .... . .
Percentage In This Jurisdiction: .. 100%
(Area Above Reserved For Deed.Stamp Onlj)
Book Number: . . Page Number:
Instrument Number: .
Parcel Identification Number(PIN)/Tax Map Number: 06500-00-00-084B1
Short Property Description: SEE INSTRUMENT
.
PARCEL 65-84B, PARCEL 65-84B1
Current Property Address: MERRIE MILL FARM, 594 MERRIE MILL FARM, KESWICIK
.
City: KESWICK State: VA Zip Code: 22947
Prior Recording At:
[ ] City [ ] County . Percentage In This Jurisdiction:
Book Number: Page Number: Instrument Number: .. ... ..
Parcel Identification Number/Tax Map Number: ...........
Short Property Description: . ....... .. .
Current Property Address:
City: .. . .. .. . State: .... Zip Code:
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FORM CC-1570(MASTER,PAGE THREE OF THREE )10/19
0 Copynght 2014 Office of the Executive Secretary,Supreme Cam of Virginia.All nghts reserved Cover Sheet C
Prepared by and return to:
Valerie W.Long(VSB#42968)
Williams Mullen
321 E.Main Street,Suite 400
Charlottesville,VA 22902
Tax Map Parcels:68-84B and 65-84B I
AMENDMENT TO ROAD MAINTENANCE AGREEMENT
THIS AMENDMENT TO SHARED MAINTENANCE AGREEMENT (this "Amendment"),
dated as of 2., 2021, by and between by and among MERRIE MILL FARM, LLC, a
Virginia limited iability company, to be indexed as grantor and grantee (the "Company"), and
ELIZABETH W. PELLY (the "Trustee"), as Trustee of the ELIZABETH W. PELLY
REVOCABLE LIVING TRUST,DATED DECEMBER 23,2014(the "Trust"), to be indexed
as grantor and grantee, whose address is P.O. Box 70, Keswick, Virginia, 22947; FINANCIAL
FEDERAL BANK,whose address is 1715 Aaron Brenner Drive,Suite 100,Memphis,TN 38120,
to be indexed as Grantor and Grantee (the "Bank"), and JAMES P. COX, III, a resident of the
City of Charlottesville as Trustee,to be indexed as Grantor and Grantee(the"Bank Trustee"). The
Trust and the Company (collectively"the Parties"),recite and provide as follows:
WITNESSETH :
A. The Company is the owner of that certain parcel of real property located in the
Rivanna Magisterial District of Albemarle County, Virginia (the "County"), designated by the
current tax maps of the County as tax map parcel 65-84B("Parcel 65-84B"),shown as"RESIDUE,
TMP 65-84B, 371.128 AC." on a plat entitled "PLAT SHOWING A BOUNDARY LINE
ADJUSTMENT BETWEEN TAX MAP 65 PARCEL 84B AND TAX MAP 65 PARCEL 84B1,
"MERRIE MILL FARM," RIVANNA MAGISTERIAL DISTRICT, ALBEMARLE COUNTY
VIRGINIA,"dated January 14,2020,revised April 15,2021 (the"Plat"),which Plat was attached
to a Deed of Boundary Line Adjustment recorded in the Clerk's Office of the Circuit Court of
Albemarle County,Virginia immediately prior hereto(the"Company Property").
B. The Trust is the owner of that certain adjacent real property located in the Rivanna
Magisterial District of Albemarle County, Virginia, shown as"REVISED TMP 65-84B1, 42.342
Ac. (Revised)"on the Plat(the"Trust Property").
C. The Company Property and the Trust Property are subject to a Road Maintenance
Agreement dated March 22, 2019, recorded in the aforesaid Clerk's Office in Deed Book 5150,
page 59 (the "Road Maintenance Agreement"). The Road Maintenance Agreement provides for
the maintenance of a shared driveway located on the Trust Property that is also used by the
Company Property pursuant to an easement conveyed to the Company contained in a Deed of
Assumption recorded in the aforesaid Clerk's Office at Deed Book 5150, page 53, and as further
described in paragraph 5 herein.
D. The Plat extends the length of the driveway as shown thereon as "New 30' Private
Access&Maintenance Esmt."(the Driveway Extension")and the Trust conveyed an easement for
ingress and egress to the Company over the Driveway Extension in the aforesaid Deed of Boundary
Line Adjustment recorded immediately prior hereto.
D. The Parties now desire to provide for the maintenance obligations of the Driveway
Extension, upon the same terms and conditions set forth in the Road Maintenance Agreement and
as set forth herein.
NOW, THEREFORE, for and in consideration of the premises, the mutual covenants and
agreements hereafter set forth, and other good and valuable consideration, the receipt and
sufficiency of which the parties hereby acknowledge, the parties hereby covenant and agree as
follows:
1. Recitals. The Recitals above are hereby incorporated into this Amendment.
2. Driveway Extension. The Parties hereby agree that the Driveway Extension is part
of the Shared Driveway as described in the Road Maintenance Agreement and shall be subject to
the terms and conditions of the Road Maintenance Agreement in all respects,and that all references
to the Shared Driveway in the Road Maintenance Agreement shall hereinafter include the
Driveway Extension.
3. Counterparts. This Amendment may be executed in any number of counterparts,
each of which when so executed and delivered will be deemed to be an original and all of which
counterparts taken together will constitute but one and the same instrument.
4. This Amendment is made expressly subject to easements, restrictions, conditions
and reservations contained in duly recorded deeds, plats and other instruments constituting
constructive notice in the chain of title to the property hereby conveyed which have not yet expired
by limitation of time contained therein or have not otherwise become ineffective.
5. Subordination. The Trust Property and the Company Property are encumbered by
a Credit Line Deed of Trust by and between Guy Pelly and Elizabeth Pelly as Grantor, and James
P. Cox, III, Trustee, dated April 10, 2018, and recorded in the aforesaid Clerk's Office in Deed
Book 5033,page 427(the"Deed of Trust"). Pursuant to a Deed of Assumption between Guy Pelly
and Elizabeth Pelly as Grantors,and Merrie Mill Farm, LLC,as Grantee dated March 18th, 2019,
and recorded in the aforesaid Clerk's Office in Deed Book 5150, page 53 (the "Deed of
Assumption"), the Company assumed all obligations, liabilities, and indebtedness of Guy and
Elizabeth Pelly under the Note, the Loan Documents, and the Deed of Trust, as such terms are
defined in the Deed of Trust and in the Deed of Assumption_ The Bank joins in this Amendment
to evidence its consent and agreement to the terms hereof,and to direct the Bank Trustee to execute
this Amendment for purposes of subordinating the Deed of Trust to this Amendment.
(Signature Pages Immediately Follow)
WITNESS the following signatures and seals:
MERRIE MILL FARM:
MERRIE MILL FARM, LLC,
a Virginia li ited liability mpany oBy:
Elizab th W. Pel y. Manager
TRUST:
1/4
Eliza h W. Pelly, Trustee of the Elizabeth W. Pelly Revocable
Living rust. dated December 23,2014
COMMONWEALTH/STATE OF Y irsin/R. )
1 )TO-WIT
(TY)COUNTY OF (] C.t.7D CsL)I/fie )
The foregoing instrument was acknowledged before me, I^Y ice.had l t S ,
Notary Public,this 3,d day of AwCv,s-f- .2021,by Elizabeth W.Pelly,who voluntarily
acknowledged this instrument as Mdnager of Merrie Mill Farm, LLC, a Virginia limited liability
company, on behalf of the company, and as Trustee of the Elizabeth W. Pelly Revocable Living
Trust, dated December 23, 2014.
47741 •
Notary Public
• ,•.••.lit
•,•Bp z Registration Number: `77 0?5 '7
r .✓NOTARY '•. .�
(SEAL) g r PUBLIC ':co% My commission expires: -1/3l �O9J
s Mil 7701169S ;co Z
•MY COMMISSION;
11.444;> •'
7537246 .
BANK:
FINANCIAL FEDERAL BANK
(a///14
By. > / ,1
Printed Name: t:' / dti"-`,-(�"'v'\J
Title: G 10
STATE OF TENNESSEE
COUNTY OF SHELBY,to-wit:
The foregoing instrument was acknowledged before me this if `day of Q 2021, by
1Cen>E Launder)i c h , as C L C) . on behalf of Financial Federal
Bank,who is personally known to me or provided satisfactory identification to me.
otary Public
My commission expires: I /42'AQa v�- �{�'�� N°0
2 VMS
Notary Registration Number: C? OF
POW° 4(cv
%MM.E .
BANK TRUSTEE:
� L)
ames ox,III,Trustee
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE,to-wit:
The foregoing instrument was acknowledged before me this 3 day of A 3c2021. by
James P. Cox, III, Trustee, who is personaJy know to me or provid satis ctory identification
to me.
Notary trub is
My commission expires: 14 31124X14
MHO ELG E D WOOD METE
Notary Registration Number: 1Ol 9 en # NOT.APY
g REGkSTRAPON# 101977
COMMONWEALTH OF ORGiN.A
44987309 1