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HomeMy WebLinkAbout1991-05-15 FINAL Hay 15, 1991 7:00 P.M. Room 7, County Office Building 1) 2) 3) 4) 4a) 5) 6) Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Proclamation: National Ruritan Week. i:Consent Agenda. Free Union Agricultural/Forestal District. to amend and reenact Chapter 2.1-4(m), Agricultural and Forestal District, to 512.670 acres located NW of Free Union district contains 1424.610 acres. ZMA-90-28. Covenant Church of God. PUBLIC HEARING on a request 0.98 ac from R-4 (residential density of approx 4/du ac) to Property on NE side of Rio Rd approx 1/4 mi S of Greenbrier Comprehensive Plan shows the area as Neighborhood Service & Density Residential (1-4/du ac). TM61,P155. Rivanna Dist. SP-91-09. Carl & Rosie Evans. PUBLIC HEARING on a request for a single-wide mobile home on 5 ac zoned RA. Property on W side of Rt 602 approx 0.15 mi N of inters of Rts 602/617. TM132,p10. Scottsville Dist. PUBLIC HEARING on an ordinance amending and reenacting Sections 6-1, 6-2, 6-3, 6-4, 6-5, 6-6 and 6-7, Chapter 6 of the Albemarle County Code, entitled "Elections". This ordinance establishes the boundaries of six magisterial and election districts named and bounded as shown on a certain map entitled "Redistricting Plan for Albemarle County, Virginia, Option lA, dated March 25, 1991, prepared by the County Planning Department, and on file with the Clerk of the Board of County Supervisors. These shall be the election districts for the county within the meaning of Section 15.1-571.1 of the Code of Virginia. The ordinance also describes the voting precincts within each of the six magisterial districts. 10) Request from School Board for Transfer of Funds re: Burley Auditorium/ Gymnasium project and Brownsville heating and air conditioning replacement project. 11) Request for Appropriation: Crozet Crossing Affordable Housing Project. 12) Resolution Ratifying Award of $3,000,000 School Bonds, Series of 1991A, of Albemarle County, Virginia, to the Virginia Public School Authority. 12a) Authorize Chairman to sign an easement between the County of Albemarle and the County School Board for a permanent drainage easement on property acquired by the County for the Agnor-Hurt Elementary School. 13) Approval of Minutes: March 13, March 18 and March 20 (A), 1991. 14) Appointment. GTE-GIS Road Naming Committee. 15) Other Matters Not Listed on the Agenda from the BOARD. 15a) Executive Session: Acquisition of Property. 16) Adjourn. PUBLIC HEARING on an ordinance known as the Free Union add three parcels totalling & W of Rt 671. Existing n to rezone CO. Dr. Low 8) 9) r .,~ CON S E N T AGE N D A FOR APPROVAL: 5.1 Statements of Expenses (State Compensation Board) for the Director of Finance, Commonwealth's Attorney, Sheriff and Regional Jail for the Month of April, 1991. 5.2 Request from Richard P. Bell, IV, Realtor, for a resolution of approval for a street name sign to identify Mill Ridge Road at its intersection with State Route 614 in Mill Ridge Subdivision. 5.3 Request from Lori Langpaul Beebe, Virginia Land Company, for a resolution of approval for a street name sign to identify Wyngate Road at its intersection with Hydraulic Road in Wyngate Subdivision. 5.4 Request from Mary F. Seymour, Community Manager for The Greens at Hollymead complex, for a resolution of approval for a street name sign to identify Hollymead Drive at its intersection with Powell Creek Drive in Hollymead Subdivision. 5.5 Request from the Charlottesville-Albemarle Clean Community Commission for a resolution authorizing CAC3 to apply on behalf of the County for Virginia Litter Control Funds. 5.5a Request for a revised resolution requesting acceptance of Lego Drive in Ashcroft Subdivision into the State System of Secondary Highways. This amended resolution will add 45 feet of roadway to the original resolution adopted on October 3, 1990. FOR INFORMATION: 5.6 Letter dated May 3, 1991, from Ray D. Pethtel, Commissioner, re: Abandonments/Additions on Route 601 to the State Secondary System of Highways. 5.7 Copies of Planning Commission Minutes for April 16, April 23 and April 30, 1991. 5.8 Supts. Memo No.8, dated May 6, 1991, from Joseph A. Spagnolo, Jr., Superintendent of Public Instruction, entitled "1991-92 Budget Estimates." 5.9 Memorandum dated Hay 14, 1991, from Charles S. Hartin, Chairman of the School Board, entitled "Funding for CATKC." 5.10 Letter dated Hay 10, 1991, from D. S. Roosevelt, Resident Engineer, re: Route 692 and question about a section being marked as a passing zone. ..~.". I.W.......:.'. .\ u. ..... \ '.l'j J ' \;Y COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 229014596 MEMORANDUM TO: Robert W. Tucker, Jr., County Executive V. Wayne Cilimberg, Director, Planning and Community Development Letti~ E. Neher, Clerk, CM~ DATE: May 20, 1991 FROM: SUBJECT: Board Actions of May 15, 1991 Following is a list of actions taken by the Board at its meeting on May 15, 1991: Item No. 5.2. Request from Richard P. Bell, IV, Realtor, for a resolution of approval for a street name sign to identify Mill Ridge Road at its intersection with State Route 614 in Mill Ridge Subdivision. ADOPTED the attached resolution. Item No. 5.3. Request from Lori Langpaul Beebe, Virginia Land Company, for a resolution of approval for a street name sign to identify Wyngate Road at its intersection with Hydraulic Road in Wyngate Subdivision. ADOPTED the attached resolution. Item No. 5.4. Request from Mary F. Seymour, Community Manager for The Greens at Hollymead complex, for a resolution of approval for a street name sign to identify Hollymead Drive at its intersection with Powell Creek Drive in Hollymead Subdivision. ADOPTED the attached resolution. Item No. 5.5. Request from the Charlottesville-Albemarle Clean Community Commission for a resolution authorizing CAC3 to apply on behalf of the County for Virginia Litter Control Funds. ADOPTED the attached resolution. Item No. 5.5a. Request for a revised resolution requesting acceptance of Lego Drive in Ashcroft Subdivision into the State System of Secondary Highways. This amended resolution will add 45 feet of roadway to the original resolution adopted ~October 3, 1990. ADOPTED the attached resolution. ~ Memo To: V. Wayne Cilimberg Date: May 16, 1991 Page 2. Agenda Item No.6. Free Union Agricultural/Forestal District. An ordinance to amend and reenact Chapter 2.1-4(m), known as the Free Union Agricultural and Forestal District, to add three parcels totalling 512.670 acres located NW of Free Union & W of Rt 671. Existing district contains 1424.610 acres. ADOPTED the attached ordinance adding four parcels totalling 587.670 acres. Agenda Item No.7. ZMA-90-28. Covenant Church of God. Request to rezone 0.98 ac from R-4 (residential density of approx 4/du ac) to CO. Property on NE side of Rio Rd approx 1/4 mi S of Greenbrier Dr. Comprehensive Plan shows the area as Neighborhood Service & Low Density Residential (1-4/du ac). TM61,P155. Rivanna Dist. APPROVED ZMA-90-28 subject to the applicant's proffer as follows: "We propose that uses of the property being n~quested for rezoning shall be restricted to those uses listed under: Section 23.2.1, Items 4, 7, 8 and those uses listed under: Section 23.2.2." (NOTE: When you have,conditions or proffers that refer to certain sections and items in the zoninR ordinance by number only, such as those above, the Board would appreciate you attachinR copies of those particular paRes from the ZoninR Ordinance to the staff report.) Agenda Item No.8. SP-91-09. Carl & Rosie Evans. Request for a single-wide mobile home on 5 ac zoned RA. Property on W side of Rt 602 approx 0.15 mi N of inters of Rts 602/617. TM132,p10. Scottsville Dist. DENIED. Agenda Item No.9. An ordinance amending and reenacting Sections 6-1, 6-2, 6-3, 6-4, 6-5, 6-6 and 6-7, Chapter 6 of the Albemarle 'County Code, entitled "Elections". ADOPTED the attached ordinance setting the magisterial district boundaries, the boundaries of the various voting precincts, and ADOPTED a resolu- tion designating all polling places in the county. The Board also DIRECTED that the staff draft a map reflecting magisterial district and precinct lines as estab- lished by this ordinance; have that map certified by the Electoral Board; then return that map to the Clerk for filing with the official papers of this agenda item. Agenda Item No. 10. Request from School Board for Transfer of Funds re: Burley Auditorium/Gymnasium project and Brownsville heating and air conditioning replacement project. ADOPTED the attached appropriation transfer in the Capital Fund. Memo To: V. Wayne Cilimberg Date: May 16, 1991 Page 3. Agenda Item No. 11. Request for Appropriation: Crozet Crossing Affordable Housing Project. APPROVED the request by adopting the attached appropriation resolution. Agenda Item No. 12a. Authorize Chairman to sign an easement between the County of Albemarle and the County School Board for a permanent drainage easement on property acquired by the County for the Agnor-Hurt Elementary School. AUTHOR- IZED the Chairman to sign the attached easement. It must still be approved and signed by the School Board. Agenda Item No. 14. Appointment. GTE-GIS Road Naming Committee. APPOINTED Calvin V. Moyer, 314 Brentwood Road, Charlottesville, VA, 22901, to this committee to represent the Charlottesville District. Agenda Item No. 15. Other Matters Not Listed on the Agenda from the Board and staff. The Board AUTHORIZED the County Executive to sign a grant application to the Virginia Department of Historic Resources for a FY1992 State Survey and Planning Grant Fund for the Carterl~ Bridge Rural Historic District Preliminary Study. Mr. Bain requested a report in the near future on the Murray Elementary School renovations. Mr. Bowerman gave a report from the Rivanna Park Committee meeting this week. The Committee accepted a bid to complete Phase 2 deleting nearly all of the con- crete paving work thus dropping the bid price to about $300,000 which will allow a $35,000 contingency to complete the project. The Committee will be recommending in the near future that the softball fees be increased for field usage and that a parking fee be added for nonresidents, particularly on weekends. The Board AGREED to hear a special use permit request from Miller School out of sequence, hearing it on July 3 if the Planning Commission has completed its work by that date. The Board DECIDED not to cancel the July 3 meeting, but I forgot to ask if they might want to cancel a meeting in August for vacation. We had better ask them at the next meeting before public hearings are scheduled. There is a lot of CITIZEN CONCERN being expressed about the removal of the pine trees at Albemarle High School to "put up a parking lot". Mr. Bowie asked for a status report at the next Board meeting on this project, particularly in relation to funding. Mr. Way noted that all of the houses in Schuyler which were the subject of a rezoning/special permit request last year have nowa been sold to the occupants who were able ~ obtain bank financing because of the low selling prices. Memo To: V. Wayne Cilimberg Date: May 16, 1991 Page 4. Mr. St. John asked for permission to have some people from other counties who have just been through the franchising process for CABLE TV to come and talk to him and staff. Permission was granted, with a request that the Board get a report in the near future. Concerning cellular telephones, Mr. St. John asked that the Board RESCIND its order that he not talk to representatives of applicants about cellular telephones. He said the question of cellular telephone towers is a more complicated question than he had originally thought. He said the burden is on the applicant to present facts and knowledge to enable the Board to make its decision. It was so agreed. Agenda Item NO. 15a. Executive Session: Acquisition of Property. After the Board returned to open session, it AUTHORIZED the Chairman to sign a deed for the property on Buck's Elbow Mountain of 0.23 acres to acquire a tower from the Federal Government at a figure of $7500 which is the tower that the County has been using with a permit from the FAA for police, schools and general government. L~:mms cc: Robert Brandenburger Bruce Woodzell Amelia Patterson George R. St. John File t"""I"""'r'l In ':>(>~.(l. 5, (6,91_ }'____'...JI. ....'..;'.__L.u,".,j,J._ f(J;~L :~"i;1 [:0. O;I,tJ~-(~I) STATEMENTS OF EXPENSES To: State compe~tio~ Board For: Month of n.l;/ // I.f? ~ DEPARTMENT: County Share State Share Total DEPARTMENT OF FINANCE: -'0-- -0-- ,-0-- SHERIFF: < ~;1t1, 3'? 5yc;;J? COMMONWEALTH'S ATTORNEY: -0- --o~ REGIONAL JAIL: //tfi' J?3 , //~~d3 Note: Expenses listed above are only those office expenses in which the State Compensation Board has agreed to participate, and are not the total office expenses of these departments. f"",c"lr f~ \ 'J ,,:' ! D lr,UIl[JU ~,') "v COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 FROM: Dennis C. Friedrich, Engineering Department Lettie E. Neher, Clerk ~ I Street Signs ~ TO: RE: DATE: May 17, 1991 Attached please the resolutions adopted by the Board on May l5, 1991, requesting that the Virginia Department of Highways and Transportation install and maintain street signs at: Mill Rfdge Road Wyngate Road Hollymead Drive len\mms Attachments (3) ., ,. ". "\/',1 ~ V '. u , '..::J RES 0 L UTI 0 N WHEREAS request has been received for a street sign to identify the following road: Mill Ridge Road (State Route 1060) at its intersection with State Route 614. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: , NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Transportation be and the same hereby is requested to install and maintain the above mentioned street sign. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on May 15, 1991. ...~~//[/ Cle of coun~~ors <' D~~ ~fi~' ~,J _5'.}.o'zL. : :. 9f.dS/S;( S/4..) ~.. ------'--_..._----~---_... . ~ COUNTY OF ALBEMARLKf\'i' \....U'". - :,," '~~u ~l.~ h"/ ~ 1\ ~'\ I "...;-"' . ~"."'<C'\ \\: I", '}" , 1\ ..... ."~T.'-~\~,-~.:~ ~- I,; 'i........" I: U MEMORANDUM i"'" ' , ~ ,'\ ; '" -. :--. - TO: Lettie E. Neher, Board of Supervisors Clerk FROM: Dennis C. Friedrich, Engineering Department ~c:~ DATE: May 10, 1991 RE: Street Sign Request - Mill Ridge Subdivision Mr. Richard P. Bell IV, Mill Ridge Subdivision. and shipping, plus also Transportation recently location of the sign to follows: Realtor, requested a street name sign for Mr. Bell incurred the cost of the sign installed it. The Virginia Department of accepted the road under maintenance. The be incorporated for maintenance is as Identify Mill Ridge Road (State Route 1060) at its intersection with State Route 614. Would you please submit this location in the form of a resolution for an upcoming Board of Supervisors meeting? A copy of Mr. Bell's April 20, 1989 request letter to Mr. Richard Moring, Director of Engineering, is attached. DCF/vlh Attachment . ~, .. . ~fYJ. !J8e//IV,~ /tJtJ-e~./~ -e~, "M PP.9tJ/ cftW..!.9/1.?4dY April 20, 1989 Mr. Richard Moring Director of Engineering County of Albemarle 401 McIntire Road Charlottesville, VA 22901-4596 Re: Street Sign Dear Mr. Moring: Please order, on my behalf, a street sign which reads "Mill Ridge Road". I will pay for the sign and shipping costs. Ultimately, we plan to have the Virginia Department of Transportation accept the road into the State system and I need the sign for certifica- tion purposes. RPB.IV:vp-b ,.....', ~ \'1 l . \\ ~., :" . , . C~@ D U RES 0 L UTI 0 N WHEREAS request has been received for a street sign to identify the following road: Wyngate Road (State Route 1549) and Hydraulic Road (State Route 676) at its intersection. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE~ BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Transportation be and the same hereby is requested to install and maintain the above mentioned street sign. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle coun~y, Vir 'nia,. at. a reg~lar meeting held on May 15, 1991. . ~ ~~~ I 0i~;U Clerk, Board of CountY Supervis rs D;~~t~;'''''"_-.f {. -2'J9' 9/~ Cj( If! ~~_~-.{g. 3 ) COUNTY OF ALBEMARLE ~r:, ti \J ~-,~ . r~-( U;' ,:~. ~<< ~-~ ~_ ~ v~ i\ H '- Y: (':~'--. f';:-:-;" .n_;'~~ Ii, : i'-' : hf\t-~~';' 'i \99\ ~, ; ~ ~ ~ ; II ; 1'\ \: tl :,1_:; ~._. I. I i'"'_, - ..........'"~ , , MEMORANDUM )" '. ,} '". l; ~ V '.I., ,,'- ~-~\i,SQ~-<~ TO: Lettie E. Neher, Board of Supervisors Clerk FROM: Dennis C. Friedrich, Engineering Department )}c:~ DATE: RE: May 10, 1991 Street Sign Request - Wyngate Subdivision Ms. Lori Langpaul Beebe, an employee with Virginia Land Company, requested street name signs for Wyngate Subdivision. They paid for the signs and shipping, plus installed them. The road has recently been accepted by the Virginia Department of Transportation for maintenance. The location of the signs to be incorporated for maintenance is as follows: Identify Wyngate Road (State Route 1549) and Hydraulic Road (State Route 676) at its intersection. Would you please submit this location in the form of a resolution for an upcoming Board of Supervisors meeting? a copy of Ms. Beebe's January 23, 1989 request letter to Mr. Richard Moring, Director of Engineering, is attached. DCF/vlh Attachment .. ,.- ..., /;'., \\ ! .A,\' " 4'" " , " .,1.. I.: , j r J.... ...\ </' ,Ir,tC,fllfl-,'-D ~I I"". ,,/ V I., I .,-~.! cJi-...i'} ~).::) 1~r.., !'l~" ( .'. .-"y~: j v'{J9 i.~ l-u, t,',:..,~"".... 1, \0"..,1,\ 'iI\.Ji;l!L~.n;,"~~n ,-:: - --" \-, Ijj\:t.:t I r:~j\ / ,,/\ I> '~ \. ' ~~ f ~:;">>-'/<<:".' J I ' ",,'..' ;,",/ ;~~fi \>/ January 23, 1989 CHARLES WILLIAM HURT) M.D. VIRGINIA LAND COMPANY BUILDING POST OFFICE BOX 8147 CHARLOlTESVILLE, VIRGINIA 22906 AREA CODE 804 TEI.EPHONE 979-8181 FAX 296-3510 Mr. Richard Moring Director of Engineering Albemarle County of Virginia 401 McIntire Road Charlottesville, Virginia 22901-4596 ... Dear Mr. Moring, I am writing to requesti,s,tate approved street signs for our Wyngate Subdivision. There are currently no identification signs for these streets. The signs and quantities are as follows: 1 - Wyngate Road 1 - Hydraulic Road Our company will pay for the costs of production and shipping on ,these signs. Please address the bill to: Charles W. Hurt P.O. Box 8147 Charlottesville, VA 22906 If you have any questions, please do not hesitate to reach me at 979-8181. Sincerely, M~Jf~ Lori Langpaul Beebe cc: Dennis Fredrich County of Albemarle Engineering l (, ',...,.,', @fot [~".',~,,",'i I " 4 '~,' / '~tri J"' "'''''/ "'7',' ,I. J I , ' , RES 0 L UTI 0 N WHEREAS request has been received for a street sign to identify the following road: Hollymead Drive (State Route 1520) and Powell Creek Drive (State Route 1521) at its intersection. WHEREAS a citizen has agreed to purchase this sign through the Office of the County Executive and to conform to standards set by the Virginia Department of Transportation: NOW, THEREFORE', BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that the Virginia Department of Transportation be and the same hereby is requested to install and maintain the above mentioned street sign. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Vir inia, at a regular meeting held on May 15, 1991. . ~ ~,/ " (/;7 ,(/'$~ , Board of co~ Supervisors t. D:~,i:rj>;,~'t;d to Do"rd: ,5. I" . C; I I\'~;;:':::~, :::" ::.:, _:tJ, ()5J~.r(.s-,<I ) COUNTY OF ALBEMARLE rf~\~~ l' " I L_! , I, '" i :~JJ~ ,--, ,n " I, ! ,. ii, ','I~"'" \,'.'..) '1 ' '~99' MEMORANDUM : ~ . \' , \l\'. . j",; '. TO: FROM: DATE: RE: Lettie E. Neher, Board of Supervisors Clerk Dennis C. Friedrich, Engineering Department ~~=f- May 9, 1991 Street Sign Request - Hollymead Subdivision Ms. Mary F. Seymour, Community Manager for THE GREENS AT HOLLYMEAD complex, has requested street name signs at the intersection of Hollymead Drive and Powell Creek Drive, leading to their property. The location of the signs to be incorporated for maintenance is as follows: Identify Hollymead Drive (State Route 1520) and Powell Creek Drive (State Route 1521) at its intersection. Would you please submit this location in the form of a resolution for an upcoming Board of Supervisors meeting? Ms. Seymour has agreed to pay for the signs and shipping cost. A copy of her April 19, 1991 request letter to Mr. Richard Moring, Director of Engineering, is attached. DCFjvlh Attachment ;;;<.' .". GTHE REENS AT HOLLYMEAD April 19, 1991 Mr. Richard Moring Director of Engineering County of Albemarle 40l McIntire Road Charlottesville, VA 2290l-4596 Dear Mr. Moring: We would like to have a street sign at the intersection of Hollymead Drive and Powell Creek Drive. Many people have trouble finding our business because it is not clearly marked at that intersection. We are willing to pay the cost of the sign and shipping. Also, we would like the sign under state maintenance. Please respond to this request so I will know if this is possible and when we could expect a sign. Thank you. Sincerely, ,",--{}lCUtj j. SujYJW1JJl Mary F. Seymour Community Manager /' .~~'-r-0 "'\, '",n ", \' ' ."; /i;;;.\,Y , . < /.1' t"-,:, ", '<<:- . .. , ~: p , ",,. \ ~ J ') , I \~~ ,:.:'", ",.' \T~' ~'-," 1, .';!Jr ,t \~(C\', "., , , '~"'1i ..r...\. ,"" </~" J:'~'" ",'t ..-.... ... ';7 /. . 'i, .. -' .- ... \ '......: """"'-~--~ J__', ~ .. 1950 Powell Creek Court Charlottesville, VA 22901 (804) 974-7511 ." (f\J". ,I~" F,1') \'1, ~~\J U RES 0 L UTI 0 N WHEREAS, the Board of Supervisors of Albemarle County, Virginia, recognizes the existence of litter problems within the boundaries of Albemarle County; and WHEREAS, the Virginia Waste Management Act provides, through the Department of Waste Management, Division of Litter Control and Recycling for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs; and WHEREAS, having reviewed and considered the Regulations and the Application covering administration and use of said funds; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia: Hereby expresses the intent to combine with the City of Charlottesville in a mutually agreed upon and Cooperative Program, contingent upon approval of the Application by the Department of Waste Management, Division of Litter Control and Recycling and contingent upon receipt of funds; and Hereby authorizes the Charlottesville-Albemarle Clean Community Com- mission (CAC3) to apply on behalf of all of the above named localities for a Grant, and to be responsible for the administration, implementation, and com- pletion of the program as it is described in the attached Application form LCG-1; and Further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application; and That said funds, when received, will be transferred immediately to the Charlottesville- Albemarle Clean Community Commission or if coordinated by the Planning District Commission, said funds will be sent directly to the Planning District Commission by the Department. All funds will be used in the Coopera- tive Program to which we give our endorsement and support. Hereby requests the Department of Waste Management, Division of Litter Control and Recycling to consider and approve the Application and Program, said Program being in accord with Regulations governing use and expenditure of said funds. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Virginia, ~t a regular meeting held on May 15, 991. ,~./ 'R C;;~ /~/tC~~ Cl rk, Board of County Supervisors .J COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MCiNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 229014596 MEMO TO: Charlottesville-Albemarle Clean Community Commission FROM: Lettie E. Neher, Clerk, C~1/1 DATE: May 17, 1991 SUBJECT: Resolution for Litter Control Funds ,rJ\? I. I Attached is the original of the resolution requested endorsing CAC3 applying for Department of Waste Management, Division of Litter Control and Recycling, funds. len:mms Attachment .. ... RESOLUTION WHEREAS, the Board of Supervisors of Albemarle County, Virginia, recog- nizes the existence of litter problems within the boundaries of Albemarle County; and WHEREAS, the Virginia Waste Management Act provides, through the Depart- ment of Waste Management, Division of Litter Control and Recycling for the alloca- tion of public funds in the form of Grants for the purpose of enhancing local litter con trol programs; and WHEREAS, having reviewed and considered the Regulations and the Applica- tion covering administration and use of said funds; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia: Hereby expresses the intent to combine with the City of Charlottesville in a mutually agreed upon and Cooperative Program, contingent upon approval of the Application by the Department of Waste Management, Division of Litter Control and Recycling and contingent upon receipt of funds; and Hereby authorizes the, Charlottesville-Albemarle Clean Community Commission ( CAC3) to apply on behalf of all of the above named localities for a Grant, and to be responsible for the administration, implementation, and completion of the program as it is described in the attached Application form LCG-1; and Further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application; and That said funds, when received, will be transferred im . ely to the Charlottesville- Albemarle Clean Community Commission or' coordi ated by the Planning District Commission, said funds will be sent dir ctIy to e Planning District Commission by the Department. All funds will b use in the Cooperative Program to which we give our endorsement and support. Hereby requests the Department of Waste Management, Division of Litter Control and Recycling to consider and approve the Application and Program, said Program being in accord with Regulations governing use and expenditure of said funds. * * * * * I, Lettie E. Neher, do hereby certify that;the fo egoing is a true, correct copy of a resolution adopted by the Board of ~6.pervis r of Albemarle County, Virginia, at a regular meeting held on May 15 'I 1990. ~ Di;;trivt:1'::d to f.]oJrd: 5, 10 ,'7 I "', t'J (, 6J7 ~-( ,r, !:,-) '." ~-_._..--- RES 0 L UTI 0 N WHEREAS, the Board of Supervisors of Albemarle County, Virgin- ia, recognizes the existence of litter problems within the bounda- ries of Albemarle County; and WHEREAS, the Virginia Waste Management Act provides, through the Department of Waste Management, Division of Litter Control and Recycling for the allocation of public funds in the form of Grants for the purpose of enhancing local litter control programs; and WHEREAS, having reviewed and considered the Regulations and the Application covering administration and use of said funds; BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia: Hereby expresses the intent to combine with the City of Charlottesville in a mutually agreed upon and Cooperative Program, contingent upon approval of the Application by the Department of Waste Management, Division of Litter Control and Recycling and contingent upon receipt of funds; and Hereby authorizes the Charlottesville-Albemarle Clean Communi- ty Commission (CAC3) to apply on behalf of all of the above named localities for a Grant, and to be responsible for the administra- tion, implementation, and completion of the Program as it is described in the attached Application form LCG-1; and Further accepts liability for its pro rata share of any funds not properly used or accounted for pursuant to the Regulations and the Application; and That said funds, when received, will be transferred immediate- ly to the Charlottesville-Albemarle Clean Community Commission or if coordinated by the Planning District Commission, said funds will be sent directly to the Planning District Commission by the Depart- ment. All funds will be used in the Cooperative Program to which we give our endorsement and support. Hereby requests the Department of Waste Management, Division of Litter Control and Recycling to consider and approve the Appli- cation and Program, said Program being in accord with Regulations governing use and expenditure of said funds. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution adopted by the Board of Supervi- sors of Albemarle County, Virginia, at a regular meeting held on May 22nd, 1990. Clerk, Board of Supervisors \ @@(f)\! MEMO TO: FROM: DATE: SUBJECT: COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 Charlie Steinman, Acting County Engineer Lettie E. Neher, Clerk, CMCnAu May 17, 1991 'fJfV\ Road Resolution Attached is the original resolution (plus three copies) adopted by the Board on May 15, 1991, requesting acceptance of Lego Drive in Ashcroft Subdivisiorl into the State Secondary System of Highways. len/mms Attachments (3) ~ @@t?tl RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that pursuant to Virginia Code Section 33.1-229, the Virginia Department of Transportation be and is hereby requested to accept into the Secondary System of High- ways, subject to final inspection and approval by the Resident Highway Department, the following road in Ashcroft Subdivision: Lego Drive: Beginning at Station 0+70, a point common to the centerline of Lego Drive and the edge of pavement of the Frontage Road (F-179), thence in a northerly direction 5,285 feet approximately to Station 53+55 the end of the cul-de-sac. BE IT FURTHER RESOLVED that the Virginia Department of Transportation be and is hereby guaranteed a 60-foot unob- structed right- of-way and drainage easements along this requested addition, as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 737, page 428; Deed Book 803, pages 612 and 613; Deed Book 944, page 759; and Deed Book l115, pages 425, 426, 428 and 429. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing wri ting is a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular mee~ .~~99l. Clerk, Board of County Super .. COUNTY OF ALBEMARLE MEMORANDUM TO: Lettie E. Neher, Board of Supervisors Clerk FROM: Hoyt B. Alford III, Civil Engineer -ffBA) DATE: May 13,1991 RE: Ashcroft Subdivision - Lego Drive A resolution for Lego Drive was adopted by the Board of Supervisors on October 3, 1990. The road was not taken into the State system at that time and it is now necessary we revise the resolution to include an additional 45 feet of roadway. Please revise the resolution as follows: Lego Drive: Beginning at Station 0+70, a point common the the centerline of Lego Drive and the edge of pavement of the Frontage Road (F-179), thence in a northerly direction 5,285 feet approximately to Station 53+55, the end of the cul-de-sac. Also, please add deed book 1115, page 428, to the deed book references for this road. If you have any questions, please contact me. HBA/ps " RES 0 L UTI 0 N BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that pursuant to Virginia Code Section 33.1-229, the Virginia Department of Transportation be and is hereby requested to accept into the Secondary System of Highways, subject to final inspection and approval by the Resident Highway Depart- ment, the following road in Ashcroft Subdivision: Lego Drive: Beginning at Station 0+70, a point common to the centerline of Lego Drive and the edge of pavement of the Fronta~~oad (F-179), thence in a northerly direction!f, 0 feet approximately to Station - 5-1+-Te-;- 5:$ -f- 55 the ~e of the mn.' pJ;E'mef1t. e L:<-J- " , :) A C-- . BE IT FURTHER RESOLVED that the Virginia Department of Transportation be and is hereby guaranteed a 60-foot unobstructed right-of-way and drainage easements along this requested addition as recorded by plats in the Office of the Clerk of the Circuit Court of Albemarle County in Deed Book 803, pages 612 and 613; Deed Book 1115, pages 425, 426, 428 and 429; Deed Book 737, page 428; ~ Deed Book 944, page 759..c~e; b~ \\IS) P('~ 4>>6. ***** <, I, Lettie E. Neher, do hereby certify that the foregoing is a true, correct copy of a resolution adopted by the Board of Supervisors of Albemarle County, Vir~ia, at a regular meeting held on October 3, 1990. /~~/ ,/ ._.._.."'~,/.~S;7 ,~ ~ '/- //-/ / / r / ,. Clerk, Board of County Supervisors .'-fT' ~~:.iLo _CjL~~.s-~":J~/ ~) , <;"_,._.... ';, ~. 1:i .2 COMMONWEALTH of VIRGINI4~ \ '.. \ ~ ~ :~ ,,/ 1\': ;':'\ ! _ 7 ~ ~, I , RAY D. PETHTEL COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND. 23219 \ ~,' \1 ::; /. ~,,: _. , , . ..~ < .: ~ ..... May 3, 1991 Secondary System Additions and Abandonments Albemarle County Project 060l-002-225, C50l, C502 Board of Supervisors County of Albemarle 401 McIntire Road Charlottesville, VA 22901 MEMBERS OF THE BOARD: As requested in your resolution dated December 19, 1990, the following additions to and abandonments from the Secondary System of Albemarle County are hereby approved, effective May 3, 1991. ADDITIONS Route 601 - section Three of new location Route 60l from station 26+00 to station 34+60, Project 060l-002-225, C50l, C502 LENGTH 0.17 Mi Route 601 - section Four of new location Route 601 from station 36+50 to station 40 +25, Project 0601-002-225, C501, C502 0.07 Mi ABANDONMENTS Route 601 - Section One of old location Route 601 from station 26+00 to station 34+60, Project 060l-002-225, C50l, C502 0.17 Mi Route 601 - section Two of old location Route 601 from station 36+50 to station 40+25, Project 0601-002-225, C501, C502 0.07 Mi ~~ TRANSPORTA1ION FOR THE 21 ST CENTURY ... ,J r. 1\ """: Rgen~L..i 1'._"" .j;,-,/l!;.2L ,__v;.~S:~!i.~-, 9 ) D~~tr\t;'j,~,~:;j to COMMONWEALTH OF VIRGINIA DEPARTMENT OF EDUCATION P. o. BOX 6Q RICHMOND, VIRGINIA 23216 , MAY S 1 SUPTS. ,MEJ40-NO. ~ May 6, 1991 REGULATORY TO: Division Superintendents FROM: Joseph A. Spagnolo, Jr., Superintendent of Public Instruction Vincent C. Cibbarelli, Deputy superintendent for Administrative Services SUBJECT: 1991-92 Budget Estimates On May 3, 1991, Governor Wilder signed HB 1150 as adopted by the General Assembly on February 23, 1991, subject to several vetoes. The Governor's amendment package had included an additional $15 million for public education which was achieved by cutting spending elsewhere. The House of Delegates agreed with this approach, but the Senate rejected the cuts that would have freed up this $15 million. The Governor expressed regret that virginia's localities will not receive the $15 million that he recommended. In a letter to members of the Assembly, Governor Wilder said: "I believe that public education has been, and continues to be, the highest priority of the citizens of the Commonwealth. It is certainly my highest priority." Regulatory Supts. Memo. No.3 dated February 27, 1991 reflects the estimates of entitlements for local school divisions for the 1991-92 school year. Questions may be addressed to Mrs. Kathy Kitchen, Division Chief, Administrative support Services, at (804) 225-2025 or to Mrs. June Eanes, Associate Budget Director, at (804) 225-2060. JAS,Jr./VCC/je cc: Chairperson of the Governing Body or Mayor ".... ,,' ..... ....' ~ -' .. ON ._w.._._~._..~~._-~._.__._.. -,"- " ~ ',I ';7~;r ~ i: 1\ \ " I " ; I \ : ) H If,! ,/ lid: .::::1l,~' ALBEMARLE COUNTY PUBLIC SCHOOLS Office of the School Board 401 Mcintire Road Charlottesville, Virginia 22901-4596 MEMORANDUM ~; ,~,'. ~;, :. ; 1 '_ I ~ ,,~< :/ K~_' ~-" FROM: Board of Supervisors Charles S. Martin, Chairman of the School Board ~~~ Funding for CATEC TO: RE: DATE: May 14, 1991 At its meeting on May 13, 1991 the School Board adopted its budget for 1991-92. One topic that was discussed at our joint meeting on May 8 was funding for CATEC; you requested to receive information from the School Board about how any additional funding for CATEC's budget would be spent. The School Board voted to increase CATEC's funding by $50,000 over the 1991-92 level of funding contingent on the maintenance of all current programs and three administrative personnel at CATEC. This action accepts your recommendation to increase CATEC's funding by $50,000 over the current fiscal year; by this action the School Board has partially addressed the shortfall in State funding of $61,000 and hopes to maintain the current program. If the current program and administrative personnel cannot be maintained, the matter is to be reconsidered by the School Board. The questions surrounding the requirements relating to the Carl Perkins vocational Act amendments were clarified to the School Board through a Memorandum from Dr. paskel and the Charlottesville Superintendent, Dr. McGeehan. In short the requirements of the amendment to the Act may be met in the base (feeder) schools to CATEC and the four high schools are prepared to do so for 1991-92. CSM/cs cc: School Board CATEC Joint Committee Central ,Virginia Apprenticeship Council Joseph McGeehan Rochelle Friedman Enclosure "We Expect Success" 1 MEMORANDUM FROM: Members of the Albemarle County School Board and Members of the Charlottesville City school Board Dr. Joseph R. McGeehan ~ R. fi.--c~c::t.A/l Superintendent, Charlottesville Public Schools _CS Dr. Robert W. paskel~J:>- ~ ~ Superintendent, Albemarle C~u~ols TO: RE: Program Requirements and Instructional Options for CATEC in 1991-92 DATE: May 10, 1991 Although there has been extensive deliberation by both School Boards and the Joint Committee for CATEC concerning the program requirements and funding options for the 1991-92 operation of CATEC, there remains an uncertainty as to specific program requirements and instructional options relating to the Carl D. Perkins Vocational and Applied Technology Education Act Amendments of 1990. This communication attempts to clarify these requirements and options for both School Boards and their respective representatives on the Joint Committee. The Perkins Act Amendments consume 91 pages and address various requirements for the nation's school systems. Selected pages have been attached which relate to the integration of academic and vocational education. Both school systems must file applications by May 15, 1991 which include their respective plans to meet these and other requirements. We understand these requirements may be met by one or a combination of the following delivery systems: (1) The vocational teachers may provide both the academic and vocational education instruction; (2) Separate academic and vocational education teachers may be utilized; or (3) The academic instruction may be provided by teachers in the base (feeder) schools. 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ON.....~,,~,_ _._'" _~_'1. ~-", .'. t"",). .'\:.. \"""-"'1' ,';-".1-. ^ ."..........( 1.' ~ A \; ;'.~ I .. \,Jr /.\:.tn':.!'.#!Ar~U~ RAY D, PETHTEL COMMISSIONER COMMONWEALTH of VIRGINIA Ir~'Jj::::',;J.-,~~~9:1:~'I)~ ~~ "\' II,! DEPARTMENT OF TRANSPORTATION 'i \ \ ; ~ .-..-. .-.,....,... , l'r p, 0, BOX 2013 J tJ LS l~ L~!J 'u L~ t~ CHARLOTTESVILLE, 22902 FW A R [) 0 c r.: p~, ~fil~Y~ T J t ..)1 '- iJ AESlbeNT' ENGiNEER May 10, 1991 Route 692 Albemarle County Miss Lettie E. Neher, Clerk Board of Supervisors County Office Building 401 McIntire Road Charlottesville, VA 22901 Dear Miss Neher: At the April Board of Supervisors meeting Mr. Perkins requested the Department review a section of Route 692 which was repaved last year to determine if it could be marked with a passing zone. I requested the Traffic Engineer to review this section. It was determined that previously it had been marked for passing. New federal guidelines, however, have increased the distances required for passing zones. These increases have come about due to the advent of smaller vehicles which have less acceleration and place the driver's eye closer to the roadway. This section is currently posted for 55 mph which requires a minimum of 1800' of sight distance for a passing zone. The section in question is only 1600' long. It was based upon these findings that the passing zone was eliminated when the section was marked after paving. In light of the federal guidelines concerning passing zone sight distance and the liability which rests on parties violating these guidelines, the Department has no feasible choice other than to eliminate the passing zone. I would appreciate your forwarding this letter to Mr. Perkins and the other Board members for their information. Yours truly, /; JJ Rc~):s ~)I~ ( ~/ D. S. Roosevelt Resident Engineer DSR/smk TRANSPORTATION FOR THE 21 ST CENTURY WHEREAS , WHEREAS, WHEREAS , WHEREAS , WHEREAS , NOW, THEREFORE, D,.'; rl' " , ' " .,1 ,;)'.)}\JlO '-'\12 '0""'~S "?-~~".,~~,~:~-- PROCLAHATION ALBEMARLE COUNTY National Ruritan was created in Virginia on May 21, 1928, by community leaders in Holland, Virginia; and in its 63 years of service communities, Ruritan National 37,000 members in 1,379 clubs in to countless now has over 26 states; and Virginia Ruritan, which maintains its headquarters in Dublin, Virginia, is among the largest community service organizations in the Commonwealth, with 473 clubs and almost 14,000 members; and Ruritan membership in currently some 350 men service; and Albemarle County is dedicated to community operating with the motto "Fellowship, Goodwill and Community Service," Ruritan has made substantial and sustained contributions to the welfare of the citizens of Albemarle County. I, Frederick R. Bowie, Chairman of the Albemarle County Board of Supervisors, do hereby proclaim the week of Hay 19 through Hay 25, 1991, as NATIONAL RURITAN WEEK in Albemarle County and encourage its citizens to emulate the fine community service activities of this organization. ,,~/-'U/~ e&~u ~ CHAIRMAN ALBEMARLE COUNTY BOARD OF SUPERVISORS AMENDED COPY o R DIN A N C E AN ORDINANCE TO AMEND AND REENACT SECTION 2.l-4, CHAPTER 2.l, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF ALBEMARLE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 2.l-4 of the Code of Albemarle be, and the same hereby is, amended and reenacted in subsection (m) "Free Union Agricultural and Forestal District", reading as follows: Sec. 2.1-4. Districts described. * * * * * (m) The district known as the "Free Union Agricultural and Forestal District" consists of the following described properties: Tax map 7, parcels 6, 7, 8A, 9, 9A, 9B, 9B1, 9C; Tax map 16, parcels 4B, 4C, 13A, 13D, 15A, l5C, 15E, 15G, 16B, 17, 26, 30 (part), 30B, 33B, 36, 37, 38, 39, 52B1, 52B2, 54; Tax Map 17, parcels 8, 8B, 8C, 17C, 18H, 22. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of an ordinance adopted by the Board of Supervisors of Albemarle County, Virginia, at a reguiar meeting held on May 15, 1991~ J-~ ~ /' Clerk, Board of Count AMENDED COPY o R DIN A N C E AN ORDINANCE TO AMEND AND REENACT SECTION 2.1-4, CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF ALBEMARLE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 2.1-4 of the Code of Albemarle be, and the same hereby is, amended and reenacted in subsection (m) "Free Union Agricultural and Forestal District", reading as follows: Sec. 2.1-4. Districts described. * * * * * (m) The district known as the "Free Union Agricultural and Forestal District" consists of the following described properties: Tax map 7, parcels 6, 7, 8A, 9, 9A, 9B, 9B1, 9C; Tax map 16, parcels 4B, 4C, 13A, 13D, 15A, 15C, 15E, 15G, 16B, 17, 26, 30 (part), 30B, 33B, 36, 37, 38, 39, 52B1, 52B2, 54; Tax Map 17, parcels 8, 8B, 8C, 17C, l8H, 22. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing is a true, correct copy of an ordinance adopted by the Board of Supervisors of Albemarle County, Virginia, at a reguiar meeting held on May 15, 1991~" < ,'_" ./ / . ,/~ ~~ ',~ ~ (A:' ~ L.,.// Clerk, Board of Count Supervisors o R DIN A N C E \ \ AN ORDINANCE TO AMEND AND REENACT SECTION 2.1-4, CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF ALBEMARLE BE IT ORDAI D by the Board of Superviso of Albemarle County, Virginia, hat Section 2.1-4 of the ode of Albemarle be, and the same hereby is, amended and reenac d in subsection (m) "Free Union Agricult ral and Forestal Dis ict", reading as follows: Ii "Free Union Agricultural and following described properties: map 16, parcels 4B, 4C, l3A, 13D, , 30 (part), 30B, 33B, 36, 37, 38, , parcels 8, 8B, 8C, 17C, 18H, 22. \ Sec. 2.1-4. Districts\~~escribed. \ (m) The district kno n Forestal District" consists Tax Map 7, parcels 6, 7, 8A; l5A, 15C, l5E, 15G, 16B, 17, 39, 52Bl, 52B2, 54; tax map 1 / I, Let~e E. Neher, do hereby writing is~ true, correct copy of by the Bo~d of County Supervisors of Albemarle at a reg~lar meeting held on May 15, 1991. . ~Mounty S the foregoing animously adopted C unty, Virginia, o R DIN A N C E AN ORDINANCE TO AMEND AND REENACT SECTION 2.1-4, CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF ALBEMARLE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 2.1-4 of the Code of Albemarle be, and the same hereby is, amended and reenacted in subsection (m) "Free Union Agricultural and Forestal District", reading as follows: Sec. 2.1-4. Districts described. (m) The district known as the "Free Union Agricultural and Forestal District" consists of the following described properties: Tax map 7, parcels 6, 7, 8A, 9, 9A, 9B, 9B1, 9C; Tax map 16, parcels 4B, 4C, 13A, 13D, 15A, 15C, 15E, 15G, 16B, 17, 26, 30 (part), 30B, 33B, 36, 37, 38, 39, 52B1, 52B2, 54; Tax Map 17, parcels 8, 8B, 8C, 17C, 18H, 22. * * * * * 1)":CI1>j' ,/ !fer! +r. B":, rd- S-. / tJ . C4 ( .,J." ,.'~'^">-'_, t-<J t v~ll . __:.-L. ",~", c;/,~.s-I.5:111 . . ._-,_./~----~----- o R DIN A N C E AN ORDINANCE TO AMEND AND REENACT SECTION 2.1-4, CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF ALBEMARLE BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Section 2.1-4 of the Code of Albemarle be, and the same hereby is, amended and reenacted for an additional ten years from the adoption date of this ordinance in subsection (M) "Free Union Agricultural and Forestal District", reading as follows: Sec. 2.1-4. Districts described. (m) The district known as the "Free Union Agricultural and Forestal District" consists of the following described properties: Tax Ma 7 arcels'7 8A' Tax map 16, parcels 4B, 4C, l3A, 13D, 15A, 15C, 15E, 15G 16B, 17, 26, 30 (part), 30B, 33B, 36, 37, 38, 39, 52B1, 52B2, 54 tax map 17, parcels 8, 8B, 8C:-I7C, 18H, 22. * * * * * Ddributed to Board: .s-, /0, YL. Agenda Item No. _ \ I{'?~'?~~/II tr: wlT" C ~ ;\,' "0' , \:~.~.~\ 'l 'iil " \r: j , ~ i;'~ 1~::: 'Cd ,~ ." "'~~:, .... COUNTY OF ALBEMARLE Dept of Planning & Community Development ~J1\HD 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296.5823 ,>,(.(\' l'J V\ ' ~ MEMORANDUM TO: FROM: Albemarle County Board of Supervisors David B. Benish~hief of Community Development DATE: April 4, 1991 RE: ~]~t[jf _ ~_~i'1L=~wl lill Addition to Free Union Agricultural/Forestal District A, The Albemarle County Planning Commission, at its meeting on April 2, 1991 unanimously recommended approval of the above-noted agricultural/forestal districts as outlined below. o Agricultural/Forestal District - Attached please find staff reports which outlines these proposals. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. DBB/jcw [':0 i l"dUT~[) TO ~;0Ai;D 1.\Eill.lJ::;~i ON JL.f''II'' STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: MARY JOY SCALA ,,;', '" ,~ ~i~I~5:'l~~il "j":;~I1~~ _~ jJl,r-';-~LL ' AGRICULTURAL/FOREST~DISTRI~ ADDITION II TO FREE UNION Purpose: The purpose of an agricultural/forestal district is "to conserve and protect and to encourage the development arid improvement of the Commonwealth's agricultural and forestal lands for the production of foods and other agricultural and forestal products..." and "to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open space for clean air shed, watershed protection, wildlife habitat, as well ,as for aesthetic purposes." Factors to Consider: The following factors must be considered by the Planning Commission and the Advisory Committee, and at any public hearing when a proposed district is being considered: 1. The agricultural and forestal significance of land within the district and in areas adjacent thereto; 2. The presence of significant agricultural lands or significant forestal lands within the district and in areas adjacent thereto that are not now in active agricultural or forestal production; 3. The nature and extent of land uses other than active farming or forestry within the district and in areas adjacent thereto; 4. Local developmental patterns and needs; 5. The Comprehensive Plan and, if applicable, the zoning regulations; 6. The environmental benefits of retaining the lands in the district for agricultural and forestal uses; and 7. Any other matter which may be relevant. Effects of a District: 1. The proposed district provides a community benefit by conserving and protecting environmental resources such as forests, open space, wildlife habitat, and aesthetic resources, and by protecting a watersupply watershed. 1 2. The landowner receives certain tax benefits*, and restrictions on public utilities and government action (such as land acquisition) to protect the agricultural/forestal use of the land. In exchange, the landowner agrees to not develop his property to a "more intensive use" during the specified number of years the district is in effect. * Since Albemarle County currently permits all types of use value assessment, a district designation may not provide any additional tax reductions. Land in a district is protected from special utility assessments or taxes. 3. Future land use decisions must recognize the agricultural/forestal district. The district may have no effect on adjacent development by right, but could restrict proposed rezonings or uses by special use permit which are determined to be in conflict with the adjacent agricultural/forestal uses. 4. In general, a district may have a stabilizing effect on land use. The property owners in the district are making a statement that they do not intend to develop their property in the near future, and that they would like the area to remain in the agricultural and forestal uses. Adjacent property owners may be encouraged to continue agricultural uses if they do not anticipate development of adjacent lands. Location: The proposed addition is located on the west side of Route 671 on Fox Mountain near Free Union. Acreage: The proposed addition contains 587.670 acres in four parcels. The existing district contains 1,424.61 acres. \ ) I I ,~\ :,J ,) " Time Period: The proposed time period is the same as for the original district, or ten years from September 21, 1988. Agricultural and Forestal Significance: Land in the proposed addition is being used for forestry. Significant Land not in Agricultural/Forestal Production: The use value assessment program is a good indicator of the actual use of the properties. All four parcels are enrolled in the program under forestry. Only 8.0 acres are non-qualifying due to dwellings. Land Uses Other Than Agricultural/Forestry: There are three dwellings in the proposed addition. 2 Local Developmental Patterns and Needs: This area consists of large farms, steep wooded land and scattered dwellings. It is well suited for enrollment in a district. Comprehensive Plan and Zoning Regulations: This area is located in Rural Area I in the Comprehensive Plan, and is zoned RA, Rural Areas. The nearest Growth Area is Earlysville Village, a distance of about six miles east. Preservation of agricultural/forestal resources in the Rural Areas is a major goal of the Plan. Environmental Benefits: The proposed addition is located within the South Fork Rivanna Reservoir watershed and the proposed Buck Mountain Reservoir watershed. The headwaters of Piney Creek, one of the main tributaries of the proposed Buck Mountain Reservoir, are located in this area. Environmental benefits provided by conservation of wooded areas include protection of ground and surface water quality, wildlife habitat, and critical slopes. This is also a very scenic area. Staff Comment: Staff recommends approval of the addition as proposed. Advisory Committee Recommendation: The Advisory Committee at its meeting on March 18, 1991 unanimously recommended approval as proposed. Planning Commission Recommendation: The Planning Commission on April 2, 1991 unanimously recommended approval as proposed. (Tax Map 7-parcel 6 was submitted after the Planning Commission meeting date.) 3 ADDITION TO FREE UNION AGRICULTURAL/FORESTAL DISTRICT Note: All parcels are currently enrolled in the use value taxation program. ADDITION TO FREE UNION AGRICULTURAL/FORESTAL DISTRICT Note: All parcels are currently enrolled in the use value taxation program. Tax Map/Parcel 16-33B 7-8A 7-7 7-6 TOTAL ""1-- ) . :..,.I' ,,....-,*, Acreage 189.770 251.400 71. 500 75.000 587.670 /) v,;~,' I 1 q J I .' ,.' / J'/ ")/' a v'... /1 Owner Dwellings 2 U.G. Turner III and ~ Alice P. Turner ~aroline C. Merrick and V \., Edward J. Coles John Coles ~ Margaret C. Anderson V Doris R. Coles Bertha V. Morris ~ I) "~ l("? 01 Y arc.. ~ , /~ ,) q ~/! tr "';"; . ,/ . 'V'.I' /. # ;' .,i' t~", /'1" ./ ,Lt.. / F I ,/J L, ~ o o 1 3 ',,'; ""~'.".. 1 , I.c'l 4 United States Department of Agriculture Soil Conservation Service 401 McIntire Road Charlottesville, VA 22901 To: Mary Joy Scala, Senior Planner, Albemarle County From: J. Gordon Yager, District Conservationist, SCS Re: Soils Report on Agricultural/Forestal Districts Addition to Free Union Date: March 18, 1991 Soils are classified into eight capability classes with Class I being the best and Class VIII having the most limitations for agricultural uses. The following table gives a breakdown of Capability Classes for the district. Capability Class II III IV VI VIr Free Union 4% 4% 19% 73% The following table gives the percentage of the district that is suitable for cropland, hayland, pasture and forestry. Suitable for Cropland Suitable for Grassland & Forestry Suitable for Forestry Free Union 4% 2796 10096 Only a very small percentage of this District is suitable for uses other than Forestry and Wildlife. ~ The Soil Conservation Service is an agency of the Department of Agriculture n / "\ ''''\ '" '\ t \.., \ \ / \\ - -' ~ h// K~ \ \ 1\.""... h~\ S "~~t:::.:\ ',7. .. u. "0 , )\ \ 2'" \ i I) \_J , / ~ ' ! 1 /A ;--- /'~ {-~ :;z- ::::--..... ~ .~, ,/ ,"/ /' """ SEE 16-1 ,/ ! " / ....... ~ '" \ 19 / \ ,I ,~ " "~-I --r~ / / '~ -"", ~"'~':{ IX ~ I -, l, " '<:. '. " / ' ! "'-., ~'S::' / In !I_I "" I " r.r,!.I"';UI tJllr.l ~ fOIl.-",rA,L Dr\r~lcr ... .... -, WHITE HALL DISTRICT ~TI 0 N 15 'ooc.c.......'-~,.. rf ~~ WHITE H!,LI . ADVISORY COMMITTEE MINUTES - MARCH 18, 1991 TOTIER CREEK/HATTON/ADDITION II TO FREE UNIvN The Chairman called the meeting to order at 7:35 p.m. Committee members present were Stephen Murray, Chairman, Walter Perkins, Marcia Joseph, Jacquelyne Huckle, W. D. Maupin, Bruce Hogue, and Corwith Davis, Jr. Also present were Gordon Yager, District Conservationist, soils Conservation Service, Mary Joy Scala, Senior Planner, Sherry Buttrick, representing Piedmont Environmental Council. Members of the public attending included Scott Morrill, Floyd and Anne Johnson, Dieter Henschel, Stephan Hawranke, Dominik and Elko Stillfried, Dagmar Kuttner, Gerald and Joanne Haeckel, Adolph Medica, and Kathleen Jackson, all of whom are landowners in the Hatton and Totier Creek Districts, and Donald Hunt. The minutes from the last meeting, February 20, 1991 regarding Columbia Gas Pipeline in Blue Run District were approved by unanimous vote. The Chairman called for the staff report for the review of the Totier Creek and Hatton Districts. Ms. Scala presented the report. The Chairman then called for the soils report which had not been requested, since they are existing districts. The Chairman then asked for public comment. Dominik still fried of Scotland Farm in Totier Creek District said he fully supported continuation of the districts. He said it is in the interest of the County to preserve the rural aspect. Much has already been destroyed. It is important to help the agricultural and forestal industries to survive. We all benefit from the tourism industry -attracted by the natural beauty of our County. Scott Morrill of Donegal Farm spoke and said he was in agreement with Mr. Stillfried. Stephan Hawranke also said he was in agreement. Hesaid farmers do not need more burden. The Chairman read a letter sent to him from Mrs. Caroline Whiteside, a property owner in Totier Creek District unable to attend due to a board meeting conflict. She said as a participant in the district she is enthusiastic about what they are accomplishing. Ms. Huckle had a concern that one of the proposed Route 29 bypass routes will go through one of the agricultural/forestal districts. She hopes the Board of Supervisors will support the district. She hopes everyone will contact the Board of Supervisors to show support for 1 . the concept. Another utility is planning to go through Blue Run District. If the Board doesn'~ support the district for this use, it will make it more difficult to stop other uses. Mr. Davis said he would like to see the two districts join together. The Chairman said he was going to raise the same question. He asked the public for comment about joining the districts. Or, does having your own identity mean alot? Mr. stillfried asked whether the Board of Supervisors would object? The Chairman asked staff if there would be an administrative problem. Ms. Scala said there may be, she would have to check the procedure. It was suggested that the Chairman poll the group, then have the Planning Commission explore the legality. Mr. Medica asked if the bypass might be a threat to this district. Ms. Huckle replied, a threat to the concept. The County is supposed to protect the integrity of districts. Mr. Medica and Ms. Huckle had some discussion. Ms. Huckle said the Board of Supervisors should go on record as supporting the agricultural/forestal district concept. Could it go to court? Mr. Perkins said that was his understanding. Ms. Huckle said she was afraid if you put a road through a district, then another threat carne along, it would set a precedent. . Mr. Perkins said he didn't think the size of a district was significant - that each district could stand alone. But, would combining districts be easier from an administrative standpoint? Mr. Davis said it is not significant at the moment when landowners and the Supervisors are in agreement. But when the County becomes more urbanized, a larger district could have more clout. Mr. Perkins said some districts are very close together, but the property owners wanted separate names. ? . Mr. Davis said the Carter's Bridge District is the largest district at 11,000 acres. If these districts are combined, they could jump ahead. Ms. Huckle, asked if this is a race? The Chairman said he would generally poll the landowners - we have a list of landowners who are present. He asked for a show of hands of those not in opposition to combining the districts. (All present were agreeable to combining the districts.) Mr. Maupin suggested contacting those not present by letter or phone. Mr. Davis moved for approval to continue both districts. He said if they can be joined easily, do so, but not if it is a road block. Mr. Hogue seconded. The Chairman asked if Mr. Davis wished to add to his motion the staff recommendation of 10 year time limit. Mr. Davis changed his motion to include a 10 year time limit. The motion carried unanimously with no abstentions. The Chairman asked staff for the report on Addition II to Free Union District. staff preseRted the report. The Chairman asked for the soils report. Mr. Yager presented his report, stating that forestry is the predominant land use, and the best use. This is good land to keep in trees. Seventy-three (73%) percent is Class VII soil. Mr. Davis pointed out that districts were useful for preserving the good (crop) land and the bad (steep) land. The Chairman asked if they could clear cut? Mr. Perkins said that is not the problem - skid trails cause problems. Ms. Huckle said soil erosion is caused by clear cutting. Ms. Joseph noted that this land is difficult to get to. ~ . - Ms. Huckle asked if there is any requirement for the way the land is forested? Mr. Perkins said the Department of Forestry fills out a sheet on each iogger. They grade them on what kind of job they do. It is up to the whole forest industry to get the job done, or else Best Management Practices (BMPs) will be made mandatory. Ms. Huckle asked if this also applies to people who cut others' trees on private land? Mr. Perkins said the Department of Forestry is concerned with private land; the Forest Service has its own program. Ms. Huckle asked about the big commercial operations. Mr. Perkins said the Department of Forestry does that too. Mr. Hogue pointed out that big corporations are still private land. Ms. Huckle asked about the farmer who cuts his own trees. Is he judged in any way? Mr. Perkins said it depends on the size of the operation loggers are all supposed to notify the Department of Forestry. Ms. Huckle asked if a certain acreage triggers the review? Mr. Perkins said not that he knows of. Mr. Davis moved for approval. Mr. Maupin seconded the ~otion which carried unanimously. The meeting was adjourned at 8:30 p.m. 4 L -;--..., ~ \ ..L. f2 b{ T"O 10.<:)00-'\ ~ S.~Z.., \ May 18, 1991 , '" !' , to, ,_ ~" ." h,.eSelvIA, : ~~ ~I. r:f1 r-. r- ""'.-., r 0r, i'191 )1 ",0,11; .;.,\::. . J , " /1 : : . -~'"'T~ III ,_ ' '_-, I ,j I ..,........ \.._~ .", '~Cqf Covenant Church of God Mr. F. R. Bowie, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22901 1025 East Rio Road Charlottesville, Virginia 22901 (804) 973-5536 Dear Mr. Bowie: On May 15, the Board of Supervisors granted approval to Covenant Church of God for re-zoning of a parcel of land on Rio Road. The congregation wants you to know how deeply appreciative they are for this positive action. In our congregation we move as a unit. On the night of the Board meeting 185 people had come for aged-grouped classes. Many were still at the church when I called from the County Office Building to tell them of your decision: Their response would have been heart-warming to you. Thank you for granting this request. Sincerely, ~ ~/-..~~~r ~ Bare, Sr. b P.S. Again, I extend to all of you an invitation to visit our property, facilities, or services at any time. CC: Edward H. Bain, Jr. Walter F. Perkins David P. Bowerman Charlotte Y. Humphries Peter T. Way WayneCilimburg SENIOR PASTOR Harold L. Bare, Sr, PASTOR Youth and Music Jerry Steele PASTOR Education and Extension Victor Morris " Di~ltr;bu~cd to r;!)J~d: .s; /0. 9 ( --...----- lI.. >'2 I, q~.!~~/{Z- . April 17, 1991 COUNTY OF ALBEMARLE", ':'" "::; ;., ~ . \ 'I..' ~~. Dept. of Planning & Community DevelopmenL" ' ' \ ..." I 401 McIntire Road I \ ~ll \, . , '; Charlottesville, Virginia 22901-4596 iL'!' ,Inn}' C i'~q\ \' ~ q (804) 296-5823 I,' \\ ,t;h, ,C ''''. ,i! '; i i lJ \\'\.l..?~'r'~I\';,:.:,:\"lj'^YJ"-r~::, ~Uj BD,'A.,RD OF SUF)E.~:\VI(;{),\S Church of God ATTN: Harold Bare 1025 East Rio Road Charlottesville, VA 2290l ,RE: ZMA-90-28 Covenant Church of God Dear Mr. Bare: The Albemarle County Planning Commission, at its meeting on April 16, 1991, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following proffer: "We propose that uses of the property being requested for rezoning shall be restricted to those uses listed under: section 23.2.l, Items 4, 7, 8 and those uses listed under: Section 23.2.2." Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 15, 1991. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. , Church of God Page 2 April 17, 1991 YOU OR YOUR REPRESENTATIVE MUST BE PRESENT FOR THIS MEETING. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, M/~r tJ. ;i-. William D. Fritz Senior Planner WDF/jcw cc: Lettie E. Neher Amelia Paterson Richard Moring , STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ APRIL 16, 1991 MAY 15, 1991 ZMA-90-28 COVENANT CHURCH OF GOD Petition: The Church of God petitions the Board of Supervisors to rezone 0.98 acres from R-4, Residential, to CO, Commercial Office [Proffered]. Property, described as Tax Map 61, Parcel 154 is on the northeast side of Rio Road approximately 1/4 mile south of Greenbrier Drive in the Rivanna Magisterial District. This site is located in Neighborhood 2. Character of the Area: The 0.98 acres proposed for rezoning is located at the rear of the existing church property. The Southern Railway line is located west of and adjacent to the site. The property to the east of the site is vacant. APPLICANT'S PROPOSAL: The applicant is proposing to rezone 0.98 acres currently zoned R-4 to CO. This rezoning is intended to accommodate the needs of the church. The applicant has submitted the following proffer. "We propose that uses of the property being requested for rezoning shall be restricted to those uses listed under: section 23.2.1, Items 4, 7, 8 and those uses listed under: section 23.2.2." SUMMARY AND RECOMMENDATIONS: Staff has reviewed this request for compliance with the purpose and intent of the ordinance and recommends approval. PLANNING AND ZONING HISTORY: April 17, 1979 - Planning Commission approved site plan for Church of God. December 13, 1990 - Staff approves subdivision plat adding 0.98 acres from Parcel 154 to Parcel 155 (the existing church) . 1 " COMPREHENSIVE PLAN: The parcel's land use designation is an area of transition from Neighborhood Service to Low Density Residential. Because of the scale of the Land Use Map and its intent to be schematic in nature, a definitive determination has not been made. Staff recommends that the rezoning be reviewed on the merits and practicality of the request and not the exact interpretation of the Land Use Map. SUMMARY AND RECOMMENDATION: The requested zoning designation, CO, states in part, that its intent is as a transition between residential districts and other more intensive commercial and industrial districts. To further support the function of this site as a transitional area the applicant has submitted a proffer which limits the future use of the site. The uses which are to be permitted are similar to uses permitted in the R-4 zoning district by special use permit. Therefore, this rezoning would be consistent with uses which are permitted on adjacent properties either by-right of by special use permit. The proximity of the Southern Railway tends to make use of this site for residential purposes unlikely. However, as part of a larger parcel this area may be used for residential purposes, as open space, recreational area or parking. Staff has not considered the size of the area to be rezoned, 0.98 acres, or the access to the site, through the existing church, as factors which necessitate this request as these conditions were self imposed by the applicant. The Virginia Department of Transportation has commented that this request could result in additional traffic on Route 63l which is currently non-tolerable in this area. However, the applicant's proffer limits the use of the property and while additional traffic may occur, it is not anti9ipated that the level of increase would be significant. In addition, normal church traffic tends to have peak levels at times when the adjacent roadway is experiencing low traffic volumes. Therefore, it is the opinion of staff that this request will not increase congestion in the public streets. Based on site acreage alone and a theoretical level of development potential traffic levels could be higher than anticipated by the existing residential zoning. However, due to current site constraints such as slope, stream location and lot configuration, it is unlikely that extensive development could occur on site without'waivers. 2 \ staff is able to support this request based on the following reasoning: a. Uses are limited to uses similar to those allowed by special use permit in the adjacent R-4 district. b. The Comprehensive Plan indicates this area as a transition between Residential and Neighborhood Service. Commercial Office zoning states in part that the intent of the district is to serve as a transition between residential and more intensive commercial zoning. This proposal meets that intent. c. The proffered uses should not significantly increase traffic on a non-tolerable road. Staff has identified the following factor which does not support this request: a. Loss of residential holding capacity in the Urban Area. The residential potential ot this tract seems to be limited. Staff opinion is that the favorable aspects of this rezoning outweigh the negative aspects. Therefore, staff recommends approval of ZMA-90-28 Church of God subject to the acceptance of the applicant's proffer. "We propose that uses of the property being requested for rezoning shall be restricted to those uses listed under: section 23.2.1, Items 4, 7, 8 and those uses listed under: section 23.2.2.11 ATTACHMENTS: A - Location Map B - Tax Map C - Applicant's Proffer D - VDOT Comment 3 Charlottesville ~~ Reservoir L--> "----\ ,.~\TTACHMENT AI " /fjr,lP " y '~~ ~ .,\, J @ . ~"@8J I I I I I I I I 1_____- 5 ~' / \\ ' I ) \ ,- - - - i I I I I I I / I .~!- - - - ... ~' ~ //; lory ZMA-90-28 CHURCIi, OF GOD,_ ~ ~) . ALBEMARLE COUNTY 45 IATTACHMENT 81 '60 )~ ~ - m 7/;! . ;- ,'5Y """ '~ 120 , 'I~~. ~, "" . "..< ~ / , ',' /. =:c. .::..:--=::: ~;!~ ' 'a"'. ,i' 12' ( 12' E~ ~XI a ~ 1200 0" Z2 /1 '2'E / 61.. ~FOUR .- '!f:f!!J., '20," '22 ~ 1 ~~ :: ~2:D ~" rs~,~ / 'Ii ";. SE~<:<' h" 2,~.~f/s(CT10M ---==:--.-. --=--~._. 'I, , .. .~6i,~fi'i:ri =~~~-;;~= oc;/! 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IATTACHMENT CI Covenant Church of God l025 East Rio Road Charlottesville, VA 2290l ~~aw, ~ 'I 1991 A.ANNING DIVISION March 27, 1991 Mr. Bill Fritz, Senior Planner Albemarle County Planning Department McIntire Road Charlottesville, Virginia RE: ZMA-90-28 Letter of March 25, 1991 Dear Mr. Fritz: Please accept this as an addendum of clarification regarding the church's proffer: We propose that uses of the property being requested for re- zoning shall be restricted to those uses listed under: Section 23.2.1, Items 4,7,8 and those uses listed under: Section 23.2.2. If there are further questions please call. B~sengpastor ~aWlE~ .,,,r; 27 1991 PLANNING DIVISION p. ' ~ . ....._~~aw~ '/ATTACHMENT 01 - . . PLANNINl:i Utvl;;)lvn COMMONWEALTH of VIRGINIA RAY 0, PETHTEL COMMISSIONER OEPARTMENT OF TRANSPORTATION p, O. BOX 2013 CHARLOTTESVILLE, 22902 0, S, ROOSEVELT RESIDENT ENGINEER March 14, 1991 Special Use Permits & Rezonings April 1991 Mr. Ronald S. Keeler County Office Building 401 McIntire Road Charlottesville, VA. 22901 Dear Mr. Keeler: The following are our comments: 1. SP-89-64 Lois Stewart-Viebe, Route 810 - The design of the crossing of the river should be such that it does not cause flooding to Route 810. Some cutting and/or clearing of vegetation along the east side of Route 810 is needed to the north to insure that 250 feet of sight distance is maintained. 2. SP-91-04 Faith Mission Home, Route 601 - The entrances to this property are at the Albemarle/Greene County line. The section of Route 601 in Albemarle County is tolerable, while the section in Greene County of Route 601 is a non-tolerable gravel road. This request could result in some increase in traffic. The entrance on the west side of Route 601 that serves the existing sanctuary only has 110 feet of sight distance to the north. A minimum of 150 feet of sight distance is needed and to obtain this would require major grading of a steep bank. The Department recommends that the sight distance be obtained should this request be approved. 3. SP-90-102 Central ,Cellular, Route 240 - The existing main entrance on Route 240 for Acme Visible is adequate for access to this request. 4. ZMA-90-28 Church of God, Route 631 - This section of Route 631 is currently non-tolerable. The Comprehensive Plan shows the piece of property in this request to be low density residential. This 0.98 acres could generate approximately 200-250 VPD under the CO zoning. Under the R-4 zoning there would be approximately 30 - 40 VPD generated from this property. Yours truly, Sr.({'~ J. A. Echols Ass't. Resident Engineer JAE/ldw TRANSPORTATION FOR THE 21 ST CENTURY s-~ / () '7/ 91,O~~IS-- / /3 COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5823 May 1, 1991 Carl R. and Rosie K. Evans 7507 Lisle Avenue Falls Church, VA 22043 RE: SP-91-09 Carl and Rosie Evans Tax Map l32, Parcel 10 Dear Mr. & Mrs. Evans: The Albemarle County Planning Commission, at its meeting on April 30, 1991, by a vote of 4-3, recommended denial of the above-noted petition to the Board of Supervisors. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on May 15, 1991. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. YOU OR YOUR REPRESENTATIVE MUST BE PRESENT FOR THIS MEETING. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, V$~tJ;JI= William D. Fritz Senior Planner WDF/jcw cc: Lettie E. Neher Engineering Department Amelia Patterson STAFF PERSON: PLANNING COMMISSION: BOARD OF SUPERVISORS: WILLIAM D. FRITZ APRIL 30, 1991 MAY 15, 1991 SP-91-09 CARL AND ROSIE EVANS Petition: Carl and Rosie Evans petition the Board of Supervisors to issue a special use permit for a single-wide mobile home [10.2.2(10)] on 4.189 acres zoned RA, Rural Areas. Property, described as Tax Map 132, Parcel 10, is located on the west side of Route 602 approximately 1/10 mile north of the intersection of Route 617 and 602. Property is located in the Scottsville Magisterial District. Character of the Area: The site is currently developed with a single family dwelling. The mobile home has been placed on the site. No dwellings on adjacent properties are visible from the proposed mobile home site. The mobile home will not be visible from the public road. One mobile home is located within one mile of this site (Attachment B). PLANNING AND ZONING HISTORY: None available. STAFF COMMENT: The mobile home is to be located as shown on Attachment C. Attachment C also shows the location of the existing house. The property does have the required number of development rights to permit two dwellings. The mobile home is to be a weekend house for the applicant's children. The applicant uses the existing house as a vacation and weekend home. The applicant's son uses the existing house as a primary residence. The applicant is requesting the mobile home in order to provide additional living space which is needed when the parents and children visit at the same time. One letter of objection has been received regarding this request (Attachment D). As stated above, the mobile home is intended as a vacation and weekend home for the applicant's children. Historically mobile homes have been approved where there is a need for permanent housing as opposed to a part-time use. Staff has identified one similar request (SP-89-20 John G. Hart). That request was approved by the Board of Supervisors. In that approval the Board of Supervisors noted that the approval was granted because the mobile home was for use by family members and would not be visible from other dwellings or the state road. 1 Should the Planning Commission and Board of Supervisors choose to approve this petition, staff recommends the following conditions: RECOMMENDED CONDITIONS OF APPROVAL: --- 1. Albemarle County Building Official approval; 2. Conformance to all area, bulk and other applicable requirements for district in which it is located; 3. Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a Certificate of Occupancy; 4. provision of potable water supply and sewerage facilities to the satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health; 5. Maintenance of existing vegetation, landscaping and/or screening to be provided to the satisfaction of the Zoning Administrator. Required screening shall be maintained in good condition and replaced if it should die; 6. Mobile home is not to be rented except to family members. ATTACHMENTS: A - Tax Map B - Map Indicating Existing Mobile Homes Within One Mile Radius From The Property C - Plat Indicating Home Sites D - Letter of Objection 2 ." IATTACHMENT AI ALBEMARLE COLJrJTY , SP-91-06 EVANS - Tax Map 132 ' CARL R. & Rosie K. , Parcel 10 ~ j / ---~ /~~ / ,J I 1\ I. lj: 13A 6>" Co'.. 6'0 Vl'l'~ R'ver ------- .. ~'- "~" ~ (I ( '----</ 24 \ .~ "1, __.'~ \ ".~. , \ ,-..J'.i-. _____-r~ V .---.X, ~ _-----r \. 138 '--' SCALE. IN FEET Me IIllO ... .- , SCOTTSVILLE" DISTRICT SECTION 132 125 - * PROPOSED MOBILE HOME -- ~ - * EXISTING MOBILE HOME -- ~ -. OBJECTING PROPERTY OWNER -- l--/ /----~ I ( , \ -..../"-.....-./ ,s>, C'o~... 6"0 ~~... "\" ,) ( ----~' \ .~ 'I"" 1-'/>" y~//' IATTACHMENT of .-" ~i ; ;:':~.;~ i~: i~ ;,Si .: ~ ":. j.. l.~'~~l '-.:, COUNTY of ALBEMARLE Department of Zoning 401 McIntire Rd. Charlottesville, VA 22901-4596 Dear Sir, In response to your letter of March 20, 1991, reference request for Special Use Permit SP-91-09 for Carl R. and Roise K. Evans to locate a single wide mobile home on property described as Tax Map 132, Parcel 10, Scottsville Majisterial District, I wish to register my opposition. While not currently a resident of Albemarle County, I was born and raised in Charlottesville and have long planned to retire and live in the area. With this purpose in mind, I purchased the land adjoining that which is now owned by the Evans. One of my primary reasons for choosing land in Albemarle County and not a less expensive parcel in an adjoining county is Albemarle's strict zoning policies. These policies have not only contributed to maintaining area values, but more importantly, have contributed a great deal to the quality of life 1n this special area of Central Virginia. While I do not specifically wish to deprive the Evans of their right to enjoy their property in the manner in which they see fit, I know that those zoning regulations which require them to seek a Special Use Permit were established for good reason. Strangely enough, however, in this instance I find myself in the position of having to justify why the county established these rules. One might well ask why the Evans are not required to show that an exception will benefit the area instead of placing me in the position of being the enforcer. Simply put, adjoining landowners should not have to justify why existing Albemarle County zoning regulations are sound. Realizing, however, that the system will not change in this instance, I will attempt to briefly desrcribe my family's objection to this specific Special Use Permit. After twenty one years service in Ule D, S. Army, including seventeen overseas, my family and I have looked forward with pleasure to eventually settling in Albemarle County. A review of local zoning requirements, including those restricting the locating of mobile homes, convinced us that the life style which we hope to live would be permanently protected. At least to this citizen, the requirement to obtain a Special Use Permit carries the implication that getting one certainly involves more than a simple paperwork drill. It appears,however that without the interest and involvement of those who will be effected, this . , IATTACHMENT O!\page 2\ pleasant end of the county will become just another undesirable portion of an otherwise beautiful area. I fully believe that because the land in southern Albemarle is still relatively affordable should not mean that my rights to enjoy the protection afforded by zoning should be any less than those of landowners in any other part of the county. I will make every attempt to be present at any hearing scheduled on this matter. In the event that I am unable to attend due to business commitments I trust that the zoning commission will use this letter as my input to register my opposition to the placement of a mobile home on the property adjoining mine. 9K\\. <05\.\8 f\R~\":> (" \-\j E.~'\ \"\N)o.\, OR c)1"u(Q't> 503-b50-0~~\ . June 7, 1989 (Regular Night Meeting) (Page 17) 24 Agenda Item No. 11. An ordinance to amend and reenact Chapter 4, General Regulations, Section 4.15, Signs, Subsection 4.15.4,1, Sign Permits, increas- ing the cost of sign permits. (Advertised in the Daily Progress on May 17 and May 24, 1989.) The public hearing was opened, With no one rising to speak, the public hearing was closed, Motion was offered by Mr, Bain, seconded by Mr, Bowie, to adopt the ordinance as advertised and set out in full below, Roll was called and the motion carried by the following recorded vote: AYES: NAYS: Mr. Bain, Mr, Bowie, Mrs. Cooke, Messrs. Lindstrom, Perkins and Way. None. AN ORDINANCE TO AMEND AND REENACT CHAPTER 4, GENERAL REGULATIONS OF THE ALBEMARLE COUNTY ZONING ORDINANCE SECTION 4,15, SIGNS BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Chapter 4, General Regulations, of the Zoning Ordinance, Section 4,15, Signs, Subsection 4.15.4,1, Sign Permits, is amended and reenacted to read as follows: 4.15,4 ADMINISTRATION OF SIGNS 4.15,4.1 SIGN PERMITS No person shall erect or cause to be erected any sign, except auction and temporary signs, in excess of five (5) square feet in area unless and until a permit therefor shall have been obtained from the zoning administrator. Such permit shall be issued upon the payment of a fee in the amount of twenty dollars ($20.00) to cover the cost incident to the issuance of such permit and upon a finding by the zoning administrator that the proposed sign conforms to the requirements of this ordinance. Agenda Item No. 12. SP-89-20, mobile home on 11,4 acres, zoned RA. John G. Hart. To allow a single-wide (Deferred from May 17, 1989.) Mr, Keeler gave the staff's report as follows: Petition: John G, Hart on behalf of Samuel P. (brother) and Kathe- rine S. Hart petitions the Board of Supervisors in accordance with Section 5.6.1 of the Zoning Ordinance to allow for the placement of a single-wide mobile home on 11,4 acres. Staff Comment: The mobile home is to be located on a knoll near a tree line as shown on the plat (on file). The mobile home will not be visible from the state road. Two dwellings are visible both of which are on property owned by John G. Hart who is making application on behalf of his brother. One of these dwellings is a mobile home administratively approved with SP-84-79. Currently there are six mobile homes within a one mile radius of this proposal, One letter of objection has been received which states that "a mobile home is out of character for this neighborhood". The applicant has stated that the proposed mobile home is to be used by Samuel p, and Katherine S. Hart as a temporary home during weekends land vacations. Historically, mobile homes have been approved when there is a need for permanent housing and not for temporary use. Should the Planning Commission and Board of Supervisors choose to approve this petition, staff recommends the following conditions. June 7, 1989 (Regular Night Meeting) (Page 18) 25 Recommended Conditions of Approval: 1. Albemarle County Building Official approval; 2. Conformance to all area, bulk and other applicable requirements for district in which it is located; 3, Skirting around mobile home from ground level to base of the mobile home to be completed within thirty (30) days of the issuance of a certificate of occupancy; 4. Provision of potable water supply and sewerage facilities to the satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health, if applicable under current regulations; 5. Maintenance of existing vegetation. Landscaping and/or screening to be provided to the satisfaction of the Zoning Administrator. Required screening shall be maintained in good condition and replaced if it should die; 6, Mobile home is not to be rented; 7. Special Use Permit is issued for use by Samuel P. and Katherine S. Hart only. Mr. Keeler said that the Planning Commission, at its meeting on May 2, 1989, unanimously recommended denial of this permit. The public hearing was opened. Mr. Samuel Hart said he is retired and there are many pre-fabricated houses and mobile homes already along Route 620. This is his homeplace. His brother cut off this acreage and he does not even have a right-of-way to the property, just an easement to use the existing farm road. He said the trailer will be screened by a grove of oak trees and will be seen by no one but his brother, who also lives in a trailer. The old home place is not inhabitable at this time. He said the County received one letter of opposition from a landowner who is separated from the proposed site of the mobile home by almost 230 acres, He said he cannot understand why, under these circumstances, a mobile home is objectionable. He said he does not expect to live in this mobile home permanently, but he likes to visit his brother and help with the farmwork and needs a place to stay while he visits. Mr. Bain asked Mr, Samuel Hart if he owned the 11 acres upon which the mobile home would be placed. Mr. Hart said "yes", Mrs. Dot Marsh, an adjoining landowner, addressed the Board, She said mobile homes become unsightly if they are not well maintained. She said someone has cut all of the woods around her property, so she can see the proposed site plainly. She has a log cabin on her property. She is concerned about who will maintain this mobile home after Mr. Hart is gone. She asked that a time limit be placed on the special use permit. With no one else coming forward to speak, the public hearing was closed. Mr, Way said he understands the Planning Commission's reluctance to approve a mobile home for temporary or part-time residency. However, he said, he thinks this application is unique: no one can see the mobile home from either the road or adjoining properties and no one but Mr. and Mrs. Samuel Hart can use the mobile home, I Mr, Bowie said he can see nothing wrong at all with this request as an individual case, but he is concerned that approving this request could set a precedent for approving mobile homes for weekend retreats. He asked Mr. St. John if the size of the property under discussion, the isolation of the mobile home, and the fact that the lot was created in a family subdivision were factors that could make approving this request less likely to set a precedent. Mr. St. John said he thinks so, since this parcel was part of a family June 7, 1989 (Regular Night Meeting) (Page 19) 26 homeplace and the owner of the parcel and the mobile home is a member of this family, Mr. Lindstrom said he has a problem with the County's policies concerning administration of mobile homes, He said the Board has adhered to basic guidelines and has denied requests by people who wanted to put a mobile home on their property to be used as a weekend home. He said he will not be able to remember all the factors that distinguish this case from the rest. He said he feels uneasy with the mobile home ordinance and he does not know how much of this ordinance is related to land use. He said he does not remember an instance in which the Board allowed a mobile home to be used for a weekend retreat. He does not think the distinctions mentioned earlier will keep an approval of this request from setting a precedent. He thinks approving this request will be a significant deviation from the Board's policy concerning mobile homes. Since he has served on the Board, Mr. Bowie said, the Board has refused several requests for mobile homes to be used for weekend retreats or vacation homes. In none of these cases was the property in question a family homeplace, Mr, Lindstrom said he is not sure this distinction is likely to be persuasive if a future applicant wants to use a mobile home as a weekend hunting lodge and takes his case to court, citing the Board's approval of this request. He thinks the Board will have problems if it strays from its origi- nal policy of allowing mobile homes only to full-time occupants, thus making it possible for people to own homes who could not do so otherwise. Mr, St. John agreed with the reservations ~tated by Mr. Lindstrom. Mr. St, John said the County holds mobile homes in disfavor and allows them only when they provide housing for County residents. Clearly, he said, this is not such a case. However, he said, he thinks it can be argued that the applicant is not requesting the mobile home for pure, recreational use. He said the applicant would not be willing to put a mobile home just anywhere with a good view; Mr. Hart wants to have a mobile home on this property because it is a part of his family's homeplace. Mr. St. John said the law in family divisions recognizes the importance of family roots. He said the applicant's request promotes the keeping of this property in the family and he thinks this is a distinction, and he thinks the Court would see it that way also. Mr. Perkins said Mr. Hurt could build a shanty or drag in a travel trailer so he thinks this request is unique. He thinks the Board should look at each situation as the request is made. Mrs. Cooke said she supports this request because this mobile home is unobtrusive and the applicant is making the request in order to keep his family together and maintain the family homeplace. Motion was offered by Mr. Perkins, seconded by Mrs. Cooke, to approve SP-89-20 with the seven conditions recommended by the staff. Mr. Bowie said he wants the record to show that he thinks this request is different from the average weekend retreat, and he will not support any future requests for mobile homes to be used as weekend or vacation homes. Mr. Bain said this is a philosophical issue the Board has discussed for years, He does see some difference in this request and will support the motion. There was no further discussion. Roll was called and the motion carried by the following recorded vote: AYES: NAY&: Mr. Bain, Mr. Bowie, Mrs. Cooke, Messr~. Lindstrom, Perkins and Way. None, Mr. Lindstrom said he is not sure he would have supported this request if he did not think the entire mobile home ordin~nce was "full of holes". I (Note: The conditions of approval are set out in full below.) ~ June 7, 1989 (Regular Night Meeting) (Page 20) 27 1, Albemarle County Building Official approval; 2. Conformance to all area, bulk and other applicable requirements for district in which it is located; 3. Skirting around mobile home from ground level to base of the mobile home to be completed within thirty days of the issuance of a certificate of occupancy; 4. Provision of potable water supply and sewerage facilities to the satisfaction of the Zoning Administrator and approval by the local office of the Virginia Department of Health, if applicable under current regulations; S. Maintenance of existing vegetation. Landscaping and/or screening to be provided to the satisfaction of the Zoning Administrator. Required screening shall be maintained in good condition and replaced if it should die; 6, Mobile home is not to be rented; 7. Special Use Permit is issued for use by Samuel P. and Katherine S. Hart only, Agenda Item No, 13. SP-89-27. Joseph Terry. To allow for motor vehicle rentals on property zoned C-l, Commercial. Property, described as Tax Map 32, Parcel 38A, is located on the west side of Rt. Z9, approx. 300 feet north of its intersection with Rt. 649. Rivanna District. (Advertised in the Daily Progress on May 23 and May 30, 1989.) Mr, Keeler gave the staff's report as follows: "Character of the Area: The property is presently improved with a building which includes a small office area, an antique store and a frame shop. Airport Plaza shops share a common entrance with this property and are adjacent to the south. Airport Auto Sales is adja- cent to the north; and Airport Road Auto Center and abandoned storage buildings are adjacent to the west. A built lot within Airport Acres subdivision is adjacent to the northwest. Applicant's Proposal: The applicant proposes to utilize surplus parking area and office area for U-Haul truck and trailer rentals. The applicant proposes a total of 31 spaces to be available for trucks and 12 for trailers, a total of 43 spaces combined. These truck spaces are located on either side of the building with trailer parking in the rear. This allows the parking to serve the antique store and frame shop to be along the Route 29 frontage, convenient to their entrances. The applicant anticipates most business to be University-related with origins and destinations from areas to the north. During peak times, Fall and Spring, surplus inventory will be located on-site temporarily. History: On November 5, 1973, the Albemarle County Planning Commis- sion approved the James H. Williams Site Plan to convert an existing dwelling, and Harley Davidson motorcycle shop to two retail stores and two offices. This plan showed closing two existing entrances, one for this property and one for Airport Plaza, and construction of a central joint entrance. These access improvements were not completed with this plan, I On May 23, 1978, the Planning Commission approved the Joseph Terry Revised Site Plan. In order to obtain a' certificate of occupancy for the Daisy Shoe Center, Inc., this plan proposed completing the access improvements of the Williams plan. Staff Comment: 'Motor vehicle rental' as a use has caused concern in the past due to overcrowding of sites which has resulted in traffic . ~P-~9-20 J~hn G. Hart - Request in accordance with Se-'ion 5.6 of the Zonlng Ordlnance fOJ ~e issuance of a special use pt it to locate a singl~ wide m~bile ulJule on property zoned RA, Rural A'reas. Property, ~crlbed as Tax Map 103, Parcel 31 (part of) is located on the south slde of Rt. 620 ~ 1.5 miles east of its intersection with Rt. 795. Scottsville Magisterial District. Mr. Fritz gave the staff report. The report explained that the applicant was proposing to u~e the mobile home as a temporary residence during weekends and vacatlons. The report pointed out that "historically, mobile homes have been approved when there is a need for perman~nt housing and not for temporary use." The Chairman invited applicant comment. Mr. Samuel Hart addressed the Commission. He explained that the mobile home was intended for weekend and vacation use. The Chairman invited public comment. Ms. Dorothy Marsh, a neighboring property owner, expressed her opposition to the proposal. She felt it would devalue her property. There being no further public co~nent, the matter was placed before the Commission. Mr. Stark noted that he was a firm supporter of this type of proposal if it was necessary to provide a permanent residence. However, he was afraid approval of this type application, (for a vacation residence), could be setting a precedent. Ms. Diehl agreed. Mr. Bowerman noted that historically this type of application had not been viewed favorably by the Commission. Mr. Stark moved that SP-89-20 for John G. Hart be recommended to the Board of Supervisors for denial. Mr. Wilkerson seconded the motion which passed unanimously. RES 0 L UTI 0 N BE IT RESOLVED that effective June 1, 1991, the polling places for the various voting precincts in Albemarle County, Virginia, shall be as follows: Precinct Woodbrook Berkeley Branchlands Jack Jouett University Hall Ivy North Garden Batesville East Ivy Scottsville Monticello Porters Covesville Keswick Stony Point Hollymead Free Bridge Crozet Free Union Earlysville Polling Place Woodbrook Elementary School Eldercare Gardens Senior Center Jack Jouett Middle School University Hall Meriwether Lewis Elementary School Red Hill Elementary School Batesville United Methodist Church Social Hall Kappa Sigma Auditorium Scottsville Elementary School Piedmont Virginia Community College Yancey Elementary School Covesville Presbyterian Church Stone Robinson Elementary School Stony Point Ruritan Building Hollymead Elementary School Elk's Lodge Brownsville Elementary School Jr. O.U.A.M. Building Broadus Wood Elementary School * * * * * I, Lettie E. Neher, do hereby certify that the foregoing constitutes a true, correct copy of a resolution unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meetin~o~~ . C e k, Board of ~y Superv~sors .. ,., -- c_'- 'C'\fI @@W\ Edward H Bam, Jr Samu~1 Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5843 FAX (804) 979-1281 May 2l, 1991 Charlotte Y Humph"s JacK ,Jouell David p, Bowerman Charlottesville Walter F Perkins White Hall F, R, (Rick) Bowie Rivanna Peter T, Way Scollsville Mr. Robert L. Laslie Vice President - Supplements Municipal Code Corporation 1700 Capital Circle, S.W. Post Office Box 2235 Tallahassee, FL 32316 Dear Mr. Laslie: Enclosed are copies of two ordinances adopted by the Board of Supevisors at its meeting on May 15, 1991: . An ordinance to amend and reenact Sections 6-1, 6-2, 6-3, 6-4, 6-5, 6-6 and 6-7 entitled "Elections"; the redistricting ordinance. An ordinance to amend and reenact Chapter 2.1-4(m) known as the "Free Union Agricultural and Forestal District." Also enclosed is a copy of the original "Adopting Ordinance" for the Code. Very truly yours, Lettie E. Neher, Clerk, CMC Board of County Supervisors LEN:mms Enclosures (3) ", o R DIN A N C E AN ORDINANCE AMENDING AND REENACTING CHAPTER. 6, SECTIONS 6-1 THROUGH 6-7 OF THE CODE OF ALBKHARLK (ESTABLISHMENT AND BOUNDARIES OF MAGISTERIAL AND ELECTION DISTRICTS AND VOTING PRECINCTS) BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Chapter 6, Sections 6-1 through 6-7 of the Code of Albemarle are hereby amended and reenacted as follows: Sec. 6-1. Establishment and boundaries of maRisterial and election districts. The county shall be divided into six magisterial districts which shall be named and bounded as described below, and which shall be the election districts for the county within the meaning of section 15.1-571.1 of the Code of Virginia: (a) Charlottesville Magisterial District, to be bounded as follows: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then meandering west with the city limits to its intersection with State Route 743; then north on State Route 743 to its intersection with the South Fork Rivanna River Reservoir; then meandering north with the South Fork Rivanna River to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 643; then south on State Route 643 to its intersection with Schroeder Branch; then south with Schroeder Branch to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the northern city limits of Charlottesville and State Route 631, the point of beginning. (b) Jack Jouett Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 660 and the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its intersection with the western city limits of Charlottesville; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said driveway to its intersection with U. S. Route 250 Business; then west on U. S. Route 250 Business to its intersection with U. S. Routes 29/250 Bypass; then north on the U. S. Route 250 Bypass to its intersection wi th State Route 601; then northwest on State Route 601 to its intersection with State Route 676; then west on State Route 676 to its intersection with State Route 614; then west with State Route 614 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660, the point of beginning. . . ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 2 (c) Rivanna Magisterial District, to be bounded as follows: Beginning at the intersection of the Albemarle/Fluvanna County line and the Rivanna River; then meandering northwest with the Rivanna River to the city limits of Charlottesville; then west with the city limits to the Southern Railroad right- of-way; then in a northeast direction on the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its inter- section with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line; then east with the Albemarle/Greene County line to the Albemarle/Orange County line; then continuing east with the Albemarle/Orange County line to the Albemarle/Louisa County line; then southwest with the Albemarle/ Louisa County line to the Albemarle/Fluvanna County line; then continuing southwest with the Albemarle/Fluvanna County line to the Rivanna River, the point of beginning. (d) Samuel Miller Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 636 and the Albemarle/Nelson County line; then east on State Route 636 to the intersection with State Route 691; then north on State Route 691 to the intersection with U. S. Route 250; then east on U. S. Route 250 to its intersection with Interstate 64; then east on Interstate 64 to the Mechum River; then meandering northeast with the Mechum River to its inter- section with State Route 614; then east on State Route 614 to its intersection with State Route 676; then southeast on State Route 676 to its intersection with State Route 601; then southeast on State Route 601 to its intersection with U. S. Routes 29/250 Bypass; then south on U. S. Routes 29/250 Bypass to its intersection with U. S. Route 250 Business; then east on U. S. Route 250 Business to its intersection with the driveway leading to the Lewis Mountain Estate; then south on said driveway to its intersection with the fire road leading to Edgemont Road; then south on said fire road to its intersection with Edgemont Road; then southeast on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersec- tion with Alderman Road; then south on Alderman Road to its intersection with the western city limits of Charlottesville; then south with the city limits to its intersection with State Route 781; then south on State Route 781 to its intersection with State Route 631; then southwest on State Route 631 to its intersection with State Route 708; then southeast on State Route 708 to its intersection with unnamed road; then south on unnamed road to its intersection with White Oak Creek; then southeast with White Oak Creek to its confluence with the South Fork Hardware River; then meandering west with the South Fork Hardware River to its confluence with Walnut Branch; then west on Walnut Branch to its confluence with the southern tributary of Walnut Branch; then west on the southern tributary of Walnut Branch to its intersection with the Ammonett Mountain ridgeline; then southwest with the Ammonett Mountain ridgeline to its intersection with the South Fork Hardware River; then meandering west with the South Fork Hardware River to its confluence with Martin's Creek; then west on Martin's Creek to its intersection with State Route 633; then west on State Route 633 to its intersection with the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to State Route 636, the point of beginning. ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 3 (e) Scottsville Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 633 and the Albemarle/Nelson County line; then east on State Route 633 to its intersection with Martin's Creek; then east on Martin's Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east on the southern tributary of Walnut Branch to its confluence with Walnut Branch; then east on Walnut Branch to its confluence with the South Fork Hardware River; then meander- ing east with the South Fork Hardware River to its confluence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersection with State Route 708; then northwest on State Route 708 to its intersection with State Route 631; then northeast on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottesville; then east with the city limits to its intersection with the Rivanna River; then meandering south- east with the Rivanna River to the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to the James River, the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its inter- section with the Rockfish River, the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to its intersection with State Route 633, the point of beginning. (f) White Hall Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 636 and the Albemarle/Nelson County line; then east on State Route 636 to the intersection with State Route 691; then north on State Route 691 to the intersection with U. S. Route 250; then east on U. S. Route 250 to its intersection with Interstate 64; then east with Interstate 64 to the Mechum River; then meandering northeast with the Mechum River to its conflu- ence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S, Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line; then west along the Albemarle/Greene County line to the Albemarle/Rockingham County line; then southwest with the Albemarle/Rockingham County line to the Albemarle/Augusta County line; then continuing southwest with the Albemarle/Augusta County line to the Albemarle/ Nelson County line; then southeast with the Albemarle/Nelson County line to its intersection with State Route 636, the point of beginning. (8-19-71, 9 1; 9-5-72; 7-15-81; 5-15-91) ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 4 Sec. 6-2. Voting precincts--Charlottesville HaRisterial District. The Charlottesville Magisterial District shall include three (3) voting pre- cincts, bounded as hereafter set out and named as follows: (a) Berkeley Precinct: Beginning at the intersection of State Route 743 and U. S. Route 29; then northwest on State Route 743 to its intersection with State Route 631; then north- east on State Route 631 to its intersection with U. S. Route 29; then south on U. S. Route 29 to its intersection with State Route 743, the point of beginning. (b) Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 743; then northwest on State Route 743 to its intersection with State Route 660; then southwest on State Route 660 to its intersection with the South Fork Rivanna River; then meandering south with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its intersection with State Route 631; then east on State Route 631 to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of beginning. (c) Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northwest on State Route 631 to its intersection with U. S. Route 29; then south on U. S. Route 29 to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and State Route 631, the point of beginning. (8-19-71, 9 2; 9-5-72; 12-15-76; 7-15-81; 6-12-85; 5-15-91) Sec. 6-3. Same--Jack Jouett HaRisterial District. The Jack Jouett Magisterial District shall include two (2) voting precincts, bounded as hereafter set out and named as follows: (a) Jack Jouett Precinct: Beginning at the intersection of State Route 660 and the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersec- tion with State Route 743; then south on State Route 743 to its intersection with the western city limits of Charlottesville; then south with the city limits to its intersection with the U. S. Routes 29/250 Bypass; then southwest with the U. S. Routes 29/250 Bypass to its intersection with State Route 601; the northwest on State Route 601 to its intersection with State Route 676; then west on State Route 676 to its intersection with State Route 614; then west on State Route 614 to its ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 5 intersection with the Mechum River; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660, the point of beginning. (b) University Hall Precinct: Beginning at the intersection of the U. S. Routes 29/250 bypass and the northwestern city limits; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said driveway to its intersection with U. S. Route 250 Business; then west on U. S. Route 250 Business to its intersection with U. S. Routes 29/250 bypass; then northeast on U. S. Routes 29/250 bypass to its intersection with the northwestern city limits, the point of beginning. (8-19-71, ~ 3; 9-5-72; 12-15-76; 7-15-81; 5-15-91) Sec. 6-4. Same--Rivanna HaRisterial District. The Rivanna Magisterial District shall be divided into four (4) voting pre- cincts, bounded as hereafter set out, and named as follows: (a) Keswick Precinct: Beginning at the intersection of the Albemarle/Orange/Louisa County line; then southwest with the Albemarle/Louisa County line to its intersection with the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with the Rivanna River; then meandering northwest with the Rivanna River to its confluence with Shadwell Creek; then northeast with Shadwell Creek to its origin near the ridge of the Southwest Mountain range; then northeast with the ridgeline of the Southwest Mountain Range to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/ Louisa County line, the point of beginning. (b) Stony Point Precinct: Beginning at the intersection of the North Fork Rivanna River and the Southern Railroad right-of-way; then meandering south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its confluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then northeast with the ridge- line of the Southwest Mountain range to its intersection with the Albemarle/Orange County line; then west with the Albemarle/ Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River, the point of beginning. '. ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 6 (c) Hollymead Precinct: Beginning at the intersection of the Southern Railroad right-of-way and the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its inter- section with State Route 743; then north on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line; then east with the Albemarle/Greene County line to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River, the point of beginning. (d) Free Bridge Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River; then meandering south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its confluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then southwest with the ridgeline of the Southwest Mountain range to its intersection with the origin of Shadwell Creek; then southwest with Shadwell Creek to its confluence with the Rivanna River; then mean- dering west with the Rivanna River to its intersection with the eastern city limits of Charlottesville; then northeast with the city limits to its intersection with State Route 631 and the Southern Railroad right-of-way, the point of beginning. (8-13-71, ~ 4; 9-5-72; 12-15-76; 7-15-81; 5-15-91) Sec. 6-5. Same--Samuel Miller HaRisterial District. The Samuel Miller Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: (a) Ivy Precinct: Beginning at the intersection of the Mechum River and State Route 614; then east on State Route 614 to its intersection with State Route 676; then southeast on State Route 676 to its intersection with State Route 601; then southeast on State Route 601 to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with State Route 677; then southeast on State Route 677 to its intersection with U. S. Route 250; then west on U. S. Route 250 to its intersec- tion with State Route 677; then southwest on State Route 677 to its intersection with State Route 637; then southwest on State Route 637 to its intersection with Interstate 64; then west on Interstate 64 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its intersection with State Route 614, the point of beginning. .. ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 7 (b) North Garden Precinct: Beginning at the intersection of State Route 781 and Interstate 64; then west on Interstate 64 to its intersection with Broad Axe Creek; then south with Broad Axe Creek to its origin near the ridge of Taylors Mountain; then southwest with the ridgelines of Taylors Mountain, Martins Mountain, Israel Mountain, Long Arm Moun- tain, Castle Rock, Moses Mountain, and Heard Mountain to its intersection with State Route 633; then east on State Route 633 to its intersection with Martin's Creek; then east on Martin's Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east with the southern tributary of Walnut Branch to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its confluence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersection with State Route 708; then west on State Route 708 to its intersection with State Route 631; then north- east on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with Interstate 64, the point of beginning. (c) Batesville Precinct: Beginning at the intersection of State Route 633 and the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its inter- section with State Route 636; then east on State Route 636 to its intersection with State Route 691; then north on State Route 691 to its intersection with U. S. Route 250; then east on U. S. Route 250 to its intersection with Interstate 64; then east on Interstate 64 to its intersection with Broad Axe Creek; then south with Broad Axe Creek to its origin near the ridge of Taylors Mountain; then southwest with the ridgelines of Taylors Mountain, Martins Mountain, Israel Mountain, Long Arm Moun- tain, Castle Rock, Moses Mountain, and Heard Mountain to its intersection with State Route 633; then west on State Route 633 to its intersection with the Albemarle/Nelson County line, the point of beginning. (d) East Ivy Precinct: Beginning at the intersection of Interstate 64 and State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottes- ville; then north with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said driveway to its intersection with U. S. Route 250 Business; then west on U. S. Route 250 Business to its intersection with U. S. Routes 29/250 Bypass; then north on U. S. Routes 29/250 Bypass to its intersection with State Route 601; then northwest on State Route 601 to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with State Route 677; then southeast on State Route 677 to its inter- section with U. S. Route 250; then west on U. S. Route 250 to its intersection with State Route 677; then southwest on State Route 677 to its intersection with State Route 637; then southwest on State Route 637 to its intersection with Interstate 64; then east on Interstate 64 to its intersection with State Route 781, the point of beginning. (8-19-71, 9 5; 9-5-72; 12-15-76; 7-15-81; 5-15-91) -;. ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 8 Sec. 6-6. Same--Scottsville Magisterial District. The Scottsville Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: (a) Scottsville Precinct: Beginning at the intersection of State Route 620 and the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersec- tion with the James River, the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with State Route 627; then north on State Route 627 to its intersection with State Route 626; then northeast on State Route 626 to its intersection with State Route 20; then northwest on State Route 20 to its intersection with State Route 712; then northwest on State Route 712 to its intersection with the Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east with the southern tributary of Walnut Branch to its conflu- ence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its confluence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersection with State Route 708; then east on State Route 708 to its intersection with State Route 620; then southeast on State Route 620 to its intersection with the Albemarle/Fluvanna County line, the point of beginning. (b) Monticello Precinct: Beginning at the intersection of State Route 781 and the southern city limits of Charlottesville; then east with the city limits to its intersection with the Rivanna River; then meandering southeast with the Rivanna River to the Albemarle/ Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with State Route 620; then northwest on State Route 620 to its inter- section with State Route 708; then west on State Route 708 to its intersection with State Route 631; then northeast on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottesville, the point of beginning. (c) Porter's Precinct: Beginning at the intersection of State Route 627 and the James River, the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with the Rockfish River, the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to its intersection with the easternmost ridgeline of the Fan Mountains, where Appleberry Mountain and Butler Mountain cross the Albemarle/Nelson County line; then northeast with the ridgeline of said mountains to its intersection with State Route 712; then southeast on State Route 712 to its intersection with State Route 20; then southeast on State Route 20 to its intersection with State Route 626; then southwest on State Route 626 to its intersection with State Route 627; then south on State Route 627 to its intersection with the James River, the Albemarle/Buckingham County line, the point of beginning. ~ ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 9 (d) Covesville Precinct: Beginning at the intersection of State Route 633 and the Albemarle/Nelson County line; then east on State Route 633 to its intersection with Martin's Creek; then east on Martinis Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the easternmost ridgeline of the Fan Mountains where Appleberry Mountain and Ammonett Mountain cross the South Fork Hardware River; then southwest with the ridgeline of said mountains to its intersection with the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to its intersection with State Route 633, the point of beginning. (8-19-71, ~ 6; 9-5-72; 4-21-76; 12-15-76; 7-15-81; 5-15-91) Sec. 6-7. Same--White Hall HaRisterial District. The White Hall Magisterial District shall be divided into three (3) voting precincts, bounded as hereafter set out, and named as follows: (a) Crozet Precinct: Beginning at the intersection of State Route 636 and the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its inter- section with the Albemarle/Augusta County line; then northeast with the Albemarle/ Augusta County line to its intersection with the Albemarle/Rockingham County line; then northeast with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its confluence with the Moormans River; then meandering east with the Moormans River to its intersection with State Route 671; then southwest on State Route 671 to its intersection with State Route 614; then southeast on State Route 614 to its intersection with the Mechum River; then mean- dering southwest with the Mechum River to its intersection with Interstate 64; then west on Interstate 64 to its intersection with U. S. Route 250; then west on U. S. Route 250 to its intersection with State Route 691; then south on State Route 691 to its intersection with State Route 636; then west on State Route 636 to its inter- section with the Albemarle/Nelson County line, the point of beginning. (b) Free Union Precinct: Beginning at the Albemarle/Rockingham/Greene County line; then southwest with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its confluence with the Moormans River; then meandering east with the Moormans River to its intersection with State Route 671; then southwest on State Route 671 to its intersection with State Route 614; then southeast on State Route 614 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering east with the South Fork Rivanna River to its confluence with Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its intersection with State Route 671; then northeast on State Route 671 to ORDINANCE OF HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 10 its intersection with State Route 664; then north on State Route 664 to its inter- section with State Route 810; then north on State Route 810 to its intersection with the Albemarle/ Greene County line; then west with the Albemarle/Greene County line to its intersection with the Albemarle/Rockingham/Greene County line, the point of beginning. (c) Earlysville Precinct: Beginning at the intersection of U. S. Route 29 and the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with State Route 810; then south on State Route 810 to its intersection with State Route 664; then south on State Route 664 to its intersection with State Route 671; then south- west on State Route 671 to its intersection with Buck Mountain Creek; then meander- ing southeast with Buck Mountain Creek to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersec- tion with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line, the point of beginning. (8-19-71, 9 7; 9-5-72; 12-15-76; 7-15-81; 5-15-91) 'Ie * "Ie ')'( ,,'( AND, FURTHER ORDAINED that this ordinance shall be effective on and after June 1, 1991. I, Lettie E, Neher, do hereby certify that the foregoing writing is a true, correct copy of an ordinance unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a reg~ ~~~~. Clerk, Board of ~~~visors '''Ie' '/' ( ~. --,.,,- --.' .--..". , ,9(i{)1~~~/_ZI . o R DIN A N C E AN ORDINANCE AMENDING AND REENACTING CHAPTER 6, SECTIONS 6-1 THROUGH 6-7 OF THE CODE OF ALBKHARLK (ESTABLISHMENT AND BOUNDARIES OF MAGISTERIAL AND ELECTION DISTRICTS AND VOTING PRECINCTS) BE IT ORDAINED by the Board of Supervisors of Albemarle County, Virginia, that Chapter 6, Sections 6-1 through 6-7 of the Code of Albemarle are hereby amended and reenacted as follows: Sec. 6-1. Establishment and boundaries of maRisterial and election districts. The county s and bounded as G9Ullt~T, Virgini;:!, Option 1"'." ELatca t1a'E'CR 25, 1991. prQparQ~ hy the ~9YRty plaRRiRg department. on fil p wi Tn tnp (', prk of' tbg 80ara of C.OUht.::y super v i.38FG, and which shall be the election districts for the county within the meaning of section 15.1-571.1 of the Code of Virginia: (a) Charlottesville MaRisterial District, to be bounded as follows: Beginning at the northern city limits of Charlottesville ;td \ts' inters~ction with State Route 631 and the Southern Railroad right-of-way; the~orthwest with the city limits to its intersection with State Route 743; then nortli bn State Route 743 to its intersection with the South Fork Rivanna River Reservoir; then meandering north with the South Fork Rivanna River to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 643; then south on State Route 643 to its intersection with Schroeder Branch; then south with Schroeder Branch to its confluence with the South Fork Rivanna River; then meander- ing southeast with the South Fork Rivanna River to its intersection with the South- ern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the northern city limits of Charlottesville and State Route 631, the point of beginning. (b) Jack Jouett Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 660 and the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its intersection with the western city limits of Charlottesville; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said driveway to its intersection with U. S. Route 250 Business; then west on U. S. Route 250 Business to its intersection with U. S. Routes 29/250 Bypass; then north on the U. S. Route 250 Bypass to its intersection with State Route 601; then northwest on State Route 601 to its intersection with State Route 676; then west on State Route 676 to its intersection with State Route . ORDINANCE FOR HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 2 614; then west with State Route 614 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660, the point of beginning. (c) Rivanna Magisterial District, to be bounded as follows: Beginning at the intersection of the Albemarle/Fluvanna County line and the Rivanna River; then meandering northwest with the Rivanna River to the city limits of Charlottesville; then west with the city limits to the Southern Railroad right- of-way; then in a northeast direction on the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its inter- section with U. S. Route 29; then north on U. S, Route 29 to its intersection with the Albemarle/Greene County line; then east with the Albemarle/Greene County line to the Albemarle/Orange County line; then continuing east with the Albemarle/Orange County line to the Albemarle/Louisa County line; then southwest with the Albemarle/ Louisa County line to the Albemarle/Fluvanna County line; then continuing southwest with the Albemarle/Fluvanna County line to the Rivanna River, the point of beginning. (d) Samuel Miller Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 636 and the Albemarle/Nelson C01mty line; then east on State Route 636 to the intersection with State Route 691; thCR north on State Route 691 to the intersection with U. S. Route 250; then east on U.~Route 250 to its intersection with Interstate 64; then east on Interstate 64 ..-t9 tl.e llechum River; then meandering northeast with the Mechum River to its inter- -&e('H QR -..Ill! -St:lte ROuL~ &l-4; then eas.:t on State Route 61'1 to 4-t=s-- interseet--iorL-"Ki.:th--- State Route 676; then southeast on State Route 676 to its intersection with State Route 601; then southeast on State Route 601 to its intersection with U. S. Routes 29/250 Bypass; then south on U. S. Routes 29/250 Bypass to its intersection with U. S. Route 250 Business; then east on U. S. Route 250 Business to its intersection with the driveway leading to the Lewis Mountain Estate; then south on said driveway to its intersection with the fire road leading to Edgemont Road; then south on said fire road to its intersection with Edgemont Road; then southeast on Edgemont Road to its intersection with McCormick Road; then east on McCormick Road to its intersec- tion with Alderman Road; then south on Alderman Road to its intersection with the western city limits of Charlottesville; then south with the city limits to its intersection with State Route 781; then south on State Route 781 to its intersection wi th State Route 631; then southwest on State Route 631 to its intersection with State Route 708; then southeast on State Route 708 to its intersection with unnamed road; then south on unnamed road to its intersection with White Oak Creek; then southeast with White Oak Creek to its confluence with the South Fork Hardware River; then meandering west with the South Fork Hardware River to its confluence with Walnut Branch; then west on Walnut Branch to its confluence with the southern tributary of Walnut Branch; then west on the southern tributary of Walnut Branch to its intersection with the Ammonett Mountain ridgeline; then southwest with the Ammonett Mountain ridgeline to its intersection with ST::lTP Rcmre 712; tRen. r.orthwest ~ .5~*, r;,/C //clWL,d/y,,~~, ~ /?I~~~~ , dtM'4h/j: /c;/~~A- ;;$ ~~ ~~. ~. j>RDINANCE FOR HAY 15 1991 - Sections 6 1 - 6.7 of t e Code of Albemarle - PAGE 3 ~L ~_' h7 ~. /f ... ~ ~ ~ , III: li1.01.ltQ 631 to it~ i1'l:ter.@~ctioft with thc ~Olat.h Fork Ha.rdwAre RiveL, Lh~Il meander1.ng -- wcst wIt}. the South York Hardware River to it!'; intersection witn St-"te RQYtQ 69g;- ~l t-n.,n "'Q1.lth en StAte Route 698 Lv iL"" Irrte1.6e,"livll wit}. Stale RvuL~ 6JJ, t.heft ......cot on - /,.!'I I rftate Route 633 to its intersection with the Albemarle/Nelson County line; then o/i~ /' ~orth with the Albemarle/ Nelson County line to State Route 636, the point of fP:J" beginning. ~ (e) Scottsville Magisterial District, to be bounded as follows: /l :Z" Beginning at the intersection of State Route 633 and the Albemarle/Nelson ~ . E~I J lL.l!q then .,,,e::t- em St-"t-<> RoutQ 63J to it" int9r"Qction witb St-"t-e Route. 698;- ~~j Lk~u "VI. t.1. Oft St.a:t:e KuuL~ 698 to its intQr"Qction with the Sout-n Fork Hardware r~ - .Rwe.r; thl'!:ft Jftcandcn"iRg lSlouthoal!:t vit-"" t-he ~euth York IIaLJwan:. Riu<>r to its J..nter!'Jcc~ ~j(/Y1 t\.o" HiLlf'Stat-., RQnt-g 631, Lh~u uorth Oft Statc R8tlte 631 to its inter"eeti8ft ~dtb_ Ki.u ~t-~T R..R'I <> 712;.. th~B ooutheast 8ft St..t<> Route 712 to it-e:: int-<>..-sggticm w1.t:h th~ ~/l67/ Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to 71 f-I";/A tts intersection with the southern tributary of Walnut Branch; then east on the ~~' uthern tributary of Walnut Branch to its confluence with Walnut Branch; then east . on Walnut Branch to its confluence with the South Fork Hardware River; then meander- ~~~ ing east with the South Fork Hardware River to its confluence with White Oak Creek; flV!!V;;::::S then northwest with White Oak Creek to its intersection with unnamed road; then . -n1~'" north on unnamed road to its intersection with State Route 708; then northwest on 1:Jk1tate Route 708 to its intersection with State Route 631; then northeast on State ! Route 631 to its intersection with State Route 781; then north on State Route 781 to ~ ~ts intersection with the southern city limits of Charlottesville; then east with lif!~he city limits to its intersection with the Rivanna River; then meandering south- east with the Rivanna River to the Albemarle/Fluvanna County line; then southwest ;;;~ 'L with the Albemarle/Fluvanna County line to the James River, the Albemarle/Buckingham 1 County line; then southwest with the Albemarle/Buckingham County line to its inter- section with the Rockfish River, the Albemarle/Nelson County line; then north with ~dlthe Albemarle/Nelson County line to its intersection with State Route 633, the poi~ _ ~ IftI ~}Leg~~~t/UL,~. A~~~1 f tf)~/White Hall Magisterial Dist~ct, to be~~ws~~ Beginning at the intersection of State Route 636 and the Albemarle/Nelson '7:;/ County line; then east on State Route 636 to the intersection with State Route 691; ~ then north on State Route 691 to the intersection with U. S. Route 250; then east on U. S. Route 250 to its intersection with Interstate 64; then east with Interstate 64 to the Mechum River; then meandering northeast with the Mechum River to its conflu- ence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line; then west along the Albemarle/Greene County line to the Albemarle/Rockingham County line; then southwest with the Albemarle/Rockingham County line to the Albemarle/Augusta County line; then continuing southwest with the Albemarle/Augusta County line to the Albemarle/ Nelson County line; then southeast with the Albemarle/Nelson County line to its intersection with State Route 636, the point of beginning. (8-19-71, 9 1; 9-5-72; 7-15-81) ~ ORDINANCE FOR HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 4 Sec. 6-2. Voting precincts--Charlottesville Hagisterial District. The Charlottesville Magisterial District shall include three (3) voting pre- cincts, bounded as hereafter set out and named as follows: (a) Berkeley Precinct: Beginning at the intersection of State Route 743 and U. S. Route 29; then northwest on State Route 743 to its intersection with State Route 631; then north- east on State Route 631 to its intersection with U. S. Route 29; then south on U. S. Route 29 to its intersection with State Route 743, the point of beginning. (b) Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 743; then northwest on State Route 743 to its intersection with State Route 660; then southwest on State Route 660 to its intersection with the South Fork Rivanna River; then meandering south with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its intersection with State Route 631; then east on State Route 631 to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of beginning. (c) Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northwest on State Route 631 to its intersection with U. S. Route 29; then south on U, S. Route 29 to the northern city limits of Charlottesville; then east with the city limits to its intersection with the Southern Railroad right-of-way and State Route 631, the point of beginning. (8-19-71, ~ 2; 9-5-72; 12-15-76; 7-15-81; 6-12-85) Sec. 6-3. Same--Jack Jouett HaRisterial District. -fHJ() (2) .!me" voting precinct~.J ouvand named ~ twJ ~~~0 h) f/.(4- 1tfkJ The Jack Jouett Magisterial District shall include r-o-py1-0tH,'inQ ~olj t-h "'""];> diiit.ri"t- bounded as hereafter set .J.gUQU p~or-inct t:=. ~-h/~"I:5 ' ' ~ . (4) j";J BegInning at the intersection of State Route 660 and the South Fork Rivanna River; fhen meandering southeast with the South Fork Rivanna River to its intersec- tion with State Route 743; then south on State Route 743 to its intersection with the western city limits of Charlottesville; then south with the city limits to its iRt~~Ll. Ald<:>L1llM ~oar!: t:~~~ n~r~h nu f.;a~"-;Ah R~C1~ L~ iL::, ~~lLt:'L"e{;t~~~ wi 1-'11 Mr-r.orml d{ Read, then we"L UIl McCorm1ck l{oad to 1tS 1nt:erser.;LIuu wIth Eagcll\ent ~~~~ ~ n:h~~g:~:~;w;::a o:u:d~~:on;r l:~::Y t~e;~~u:R~~r ~~~ Li~~i: I ~U:~:i~ i~:t:~:~ ~:~ north ., J on ",,:dr! fire rO::lrl 1-0 i1-!': inter!';ection with the driveway le::liling 1-0 1-'I1p Lewis -4 " ORDINANCE FOR HAY 15. 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 5 ~ LMeufltain. Estate, Lhen ne-rtll un sa1d driveway to i'Cs In'Cersect10n w1th U. S. RouL~ ~_ 2.50 By~it:ms!J; tft~h wt:';:"L (jIn U. 3. RuuLe 2.Sfl Business Lu .iL:s .inLer3~etiQR with U. S~ Rotttc.~ Z9JD.~9 RYf'a~", Ll.~l. M.8rkk 1ft II g Route!] 29/::56 BYIJCiss 'Co iL:s 1,,/ -..... 1>'1 An .,W1t!! ~r~'-Q j,"w'tg €jQ1... lh..n nerth..est .." ~I...I e RO\1t~ €jQ1 to ir" ;nt-"''''se~tieR witll ~ State Route 676; then west on State Route 676 to its intersection with State Route 614; then west on State Route 614 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660, the point of beginning. (8-19-71, 9 3; 9-5-72; 12-15-76; 7-15-81) Sec. 6-4. Same--Rivanna HaRisterial District. The Rivanna Magisterial District shall be divided into four (4) voting pre- cincts, bounded as hereafter set out, and named as follows: (a) Keswick Precinct: Beginning at the intersection of the Albemarle/Orange/Louisa County line; then southwest with the Albemarle/Louisa County line to its intersection with the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with the Rivanna River; then meandering northwest with the Rivanna River to its confluence with Shadwell Creek; then northeast with Shadwell Creek to its origin near the ridge of the Southwest Mountain range; then northeast with the ridgeline of the Southwest Mountain Range to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/ Louisa County line, the point of beginning. (b) Stony Point Precinct: Beginning at the intersection of the North Fork Rivanna River and the Southern Railroad right-of-way; then meandering south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its confluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then northeast with the ridge- line of the Southwest Mountain range to its intersection with the Albemarle/Orange County line; then west with the Albemarle/ Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River, the point of beginning. (c) Hollymead Precinct: Beginning at the intersection of the Southern Railroad right-of-way and the South Fork Rivanna River; then meandering northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its inter- section with State Route 743; then north on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line; then east with the Albemarle/Greene County line to its intersection with the ORDINANCE FOR HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 6 Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River, the point of beginning. (d) Free Bridge Precinct: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River; then meandering south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its confluence with the South Fork Rivanna River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the Southwest Mountain range; then southwest with the ridgeline of the Southwest Mountain range to its intersection with the origin of Shadwell Creek; then southwest with Shadwell Creek to its confluence with the Rivanna River; then mean- dering west with the Rivanna River to its intersection with the eastern city limits of Charlottesville; then northeast with the city limits to its intersection with State Route 631 and the Southern Railroad right -of -way, the point of beginning. (8-13-71, ~ 4; 9-5-72; 12-15-76; 7-15-81) Sec. 6-5. Same--Samuel Miller HaRisterial District. The Samuel Miller Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: (a) Ivy Precinct: Beginning at the intersection of the Mechum River and State Route 614; then east on State Route 614 to its intersection with State Route 676; then southeast on State Route 676 to its intersection with State Route 601; then southeast on State Route 601 to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with State Route 677; then southeast on State Route 677 to its intersection with U. S. Route 250; then west on U. S. Route 250 to its intersec- tion with State Route 677; then southwest on State Route 677 to its intersection with State Route 637; then southwest on State Route 637 to its intersection with Interstate 64; then west on Interstate 64 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its intersection with State Route 614, the point of beginning. (b) North Garden Precinct: d1 Beginning at the intersection of State Route 781 and Interstate 64; then west on Interstate 64 to its intersection with Broad Axe Creek; then south with Broad Axe Creek to its origin near the ridge of Taylors Mountain; then southwest with the ridgelines of Taylors Mountain, Martins Mountain, Israel Mountain, Long Arm Moun- tain, Castle Rock, Moses Mountain, and Heard Mountain to its intersection with State ~oute 633; then east on State Route 633 to its intersection with State RQ'lt-n I'\a~. (rhpn norrh nn StO'tQ Route 89~ tQ ita ifite.r3e.ctie.n with "tIle SoutI1 Fork IlcuJwc:lL~ liver; then meandering sonrh<>iilst ';,:i"tI1 Un:: 3uutl, Perk Har~~3re River to itr3 ihter.!H!C-~ t40n 'I.'; t-h ~t-,:,t-<> Rnl1t-e 6J1 J th~u UUL Lh on :state Route 6J1 to iu,; iuLersectioh with · St-,:,t-<> RQute 712} thcH. Gouthe.aGt OR. St-,:,t-P -R...-t... 71: to its intersection with the . ORDINANCE FOR HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 7 Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east with the southern tributary of Walnut Branch to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its confluence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersection with State Route 708; then west on State Route 708 to its intersection with State Route 631; then north- east on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with Interstate 64, the point of beginning. (c) Batesville Precinct: Beginning at the intersection of State Route 633 and the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its inter- section with State Route 636; then east on State Route 636 to its intersection with State Route 691; then north on State Route 691 to its intersection with U. S. Route 250; then east on U. S. Route 250 to its intersection with Interstate 64; then east on Interstate 64 to its intersection with Broad Axe Creek; then south with Broad Axe Creek to its origin near the ridge of Taylors Mountain; then southwest with the ridgelines of Taylors Mountain, Martins Mountain, Israel Mountain, Long Arm Moun- tain, Castle Rock, Moses Mountain, and Heard Mountain to its intersection with State Route 633; then west on State Route 633 to its intersection wi th the Albemarle/Nelson County line, the point of beginning. (d) East Ivy Precinct: Beginning at the intersection of Interstate 64 and State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottes- ville; then north with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McCormick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said driveway to its intersection with U. S, Route 250 Business; then west on U. S. Route 250 Business to its intersection with U. S. Routes 29/250 Bypass; then north on U. S. Routes 29/250 Bypass to its intersection with State Route 601; then northwest on State Route 601 to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with State Route 677; then southeast on State Route 677 to its inter- section with U. S. Route 250; then west on U. S. Route 250 to its intersection with State Route 677; then southwest on State Route 677 to its intersection with State Route 637; then southwest on State Route 637 to its intersection with Interstate 64; then east on Interstate 64 to its intersection with State Route 781, the point of beginning. (8-19-71, ~ 5; 9-5-72; 12-15-76; 7-15-81) Sec. 6-6. Same--Scottsville HaRisterial District. The Scottsville Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: . ORDINANCE FOR HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 8 (a) Scottsville Precinct: Beginning at the intersection of State Route 620 and the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersec- tion with the James River, the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with State Route 627; then north on State Route 627 to its intersection with State Route 626; then northeast on State Route 626 to its intersection with State Route 20; then northwest on State Route 20 to its intersection with State Route 712; then northwest on State Route 712 to its intersection with the Ammonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east with the southern tributary of Walnut Branch to its conflu- ence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its confluence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersection with State Route 708; then east on State Route 708 to its intersection with State Route 620; then southeast on State Route 620 to its intersection with the Albemarle/Fluvanna County line, the point of beginning. (b) Monticello Precinct: Beginning at the intersection of State Route 781 and the southern city limits of Charlottesville; then east with the city limits to its intersection with the Rivanna River; then meandering southeast with the Rivanna River to the Albemarle/ Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with State Route 620; then northwest on State Route 620 to its inter- section with State Route 708; then west on State Route 708 to its intersection with State Route 631; then northeast on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottesville, the point of beginning. (c) Porter's Precinct: Beginning at the intersection of State Route 627 and the James River, the Albemarle/Buckingham County line; then southwest with the Albemarle/Buckingham County line to its intersection with the Rockfish River, the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to its intersection with the easternmost ridgeline of the Fan Mountains, where Appleberry Mountain and Butler Mountain cross the Albemarle/Nelson County line; then northeast with the ridgeline of said mountains to its intersection with State Route 712; then southeast on State Route 712 to its intersection with State Route 20; then southeast on State Route 20 to its intersection with State Route 626; then southwest on State Route 626 to its intersection with State Route 627; then south on State Route 627 to its intersection with the James River, the Albemarle/Buckingham County line, the point of beginning. Cd) Covesville Precinct: Route 633 and it . ORDINANCE FOR HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 9 eJy St:it.9 RSl:lte 717., Lhen suulheasL 01. State Route 712 to its iRtGrg9~tion ~'Tit.R thc .easternmnc:!t- riggelil1c vI the fan MounLalus Wht::Lt:: Apr>leeerry Mmmt::!in and Ammon<>t-t- ~lmt-aiR eY6~.!l 3LaLe Route 71L.; then southwesL w~tl. tRO ridg'i1 ;n<> nf ~aid H1.gY~rt:aiR~ to its intersection with the Albemarle/Nelson County line; then north with the Albemarle/Nelson County line to its intersection with State Route 633, the point of beginning. (8-19-71, 9 6; 9-5-72; 4-21-76; 12-15-76; 7-15-81) Sec. 6-7. Same--White Hall HaRisterial District. The White Hall Magisterial District shall be divided into three (3) voting precincts, bounded as hereafter set out, and named as follows: (a) Crozet Precinct: Beginning at the intersection of State Route 636 and the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its inter- section with the Albemarle/Augusta County line; then northeast with the Albemarle/ Augusta County line to its intersection with the Albemarle/Rockingham County line; then northeast with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doyles River to its confluence with the Moormans River; then meandering east with the Moormans River to its intersection with State Route 671; then southwest on State Route 671 to its intersection with State Route 614; then southeast on State Route 614 to its intersection with the Mechum River; then mean- dering southwest with the Mechum River to its intersection with Interstate 64; then west on Interstate 64 to its intersection with U. S. Route 250; then west on U. S. Route 250 to its intersection with State Route 691; then south on State Route 691 to its intersection with State Route 636; then west on State Route 636 to its inter- section with the Albemarle/Nelson County line, the point of beginning. (b) Free Union Precinct: Beginning at the Albemarle/Rockingham/Greene County line; then southwest with the Albemarle/Rockingham County line to its intersection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its conf luence with the Doy les Ri ver ; then meander ing southeast with the Doyles River to its confluence with the Moormans River; then meandering east with the Moormans River to its intersection with State Route 671; then southwest on State Route 671 to its intersection with State Route 614; then southeast on State Route 614 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering east with the South Fork Rivanna River to its confluence with Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its intersection with State Route 671; then northeast on State Route 671 to its intersection with State Route 664; then north on State Route 664 to its inter- section with State Route 810; then north on State Route 810 to its intersection with the Albemarle/ Greene County line; then west with the Albemarle/Greene County line to its intersection with the Albemarle/Rockingham/Greene County line, the point of beginning. . ~ . ORDINANCE FOR HAY 15, 1991 - Sections 6.1 - 6.7 of the Code of Albemarle - PAGE 10 (c) Earlysville Precinct: Beginning at the intersection of U. S. Route 29 and the Albemarle/Greene County line; then west with the Albemarle/Greene County line to its intersection with State Route 810; then south on State Route 810 to its intersection with State Route 664; then south on State Route 664 to its intersection with State Route 671; then south- west on State Route 671 to its intersection with Buck Mountain Creek; then meander- ing southeast with Buck Mountain Creek to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersec- tion with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U. S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line, the point of beginning. (8-19-71, 9 7; 9-5-72; 12-15-76; 7-15-81) * * * * * * * , \ ,--., t: ' p -, ~\"..[,\ ~~ L t-'.' .. \ I' '.... I '- ;,~ ~), I Ii' /\ () "t r~~;) l " , } j' \ I, t; \-..~ I.. _ ~ :' 'I ~ -~ -."., COUNTY OF ALBEMARLE Electoral Board ~" ' v'' r (U P Ll(v' I ::; 0 H S .~r' ;\ MEMORANDUM To: Members, Board of Supervisors From: John F. Wri ght Chairman, Electoral Board Date: May 10, 1991 Subject: Public Hearing on Amending the Ordinance Pertaining to Precincts I am writing on behalf of the Electoral Board to convey our opinion on the addi- tion of new precincts in Albemarle County, particularly in the Jack Jouett Di s tri ct. The mission of the Electoral Board is to ensure efficient and fraud-free tions, and to ensure easy geographic availablility to the polling place. such, we-are committed to removing hindrances that voters may experience getting to the polls on Election Day. For this reason, we believe there definite need for additional polling locations in the County. elec- As in is a We strongly endorse the creation of a new precinct within the Jack Jouett District. The proposed addition to the District of approximately 1,000 voters from the IISouth Berkeleyll area will create an extra burden on the Election Day operation at Jack Jouett School and will, in the near future, put the precinct over the legal limit set by the State pertaining to precinct size. The attached projections, developed by Mr. Heilman, suggest that the precinct size for the next Presidential election could be as much as 10% over the limit of 5,000 voters per precinct. Furthermore, we are concerned about accessibility of residents of the University area to the Jack Jouett School. As you may know, turnout is low among registered voters in the University area. This is due to the fact that many in that area do not know where the school is, probably won't take the trouble to find out, and/or do not have transportation to get there. Creating a precinct that would vote at University Hall would resolve much of this problem. The obvious boundary for such a precinct would be the bypass. It would take in somewhere between 1,700 and 1,900 registered voters and would grow to around 2,100 during next year's Presidential campaign. Splitting the Jack Jouett District into two precincts would also help meet the criteria of your redistricting working committee and the State Board of Elections of an optimal precinct size of 1,500 to 2,000 registered voters. ,. , Memorandum to Board of Supervisors from John F. Wright May 9, 1991 page 2 Finally, we hope that you will agree to split the District into two precincts now--while we are making all the other changes--rather than later. Eventually, it will have to be done. Doing it now would allow us to submit all the changes as one package to the Department of Justice. More importantly, now is the time that voters are aware that their polling place may change. Furthermore, this fall will be a relatively low turn-out election, so the confusion created by redistricting will be lessened. Splitting the precinct next year--a Presidential year--would not be a good idea, since that high-turnout election already has more headaches and confusion than any other. We understand that Mr. Heilman has enough money for at least three addtional precincts in our FY92 budget. The cost of adding a precinct should be no more than $3,000 in its initial year and only about $300 per year after that. We feel this is a small price to pay for an action that would undoubtedly increase voter partici~pation in our County. We hope you agree. \.-.' ~~#- .... i Projections for Jack Jouett District from now until November 1992 Currently registered - 3,460 Addition of South Berkeley - +1,000 Subtraction of Alderman Rd. Dorms - -100 Total as of end of May = 4,360 Registration this Summer/Fall +250 Projected Registration as of Nov. 191 - 4t610 Normal addition in Presidential year - +500* Excess addition from U.Village/Colonnades - +400 Projected registration as of Nov. '92 - 5,510 *In the last pre-Presidential year, registration in Jack Jouett increased by 800 (Nov. '87 to Nov. 188) so this figure may be conservative. ,l ,. PROPOSED PRECINCT BOUNDARIES c 0 UN r r / TOI,l,l\800UVIlU 1 WOOD BROOK PRECINCT 2 BERKELEY PRECINCT 3 BRANCHLANDS PRECINCT , - , , SCout , . -;- Albemarle County, Virginia IfJ".r COUNTY Prepared by the Department ,of Planning and Community Developmant . h r.~/~: '"" ~ "I"'~. r~ L~: COUNTY OF ALBEMARLE Office of County Attorney 416 Park Street Charlottesville, Virginia 22901 Telephone 296-7138 j 1Q,,01 . ;",/ ~p' JAMES M. BOWLING, IV DEPUTY COUNTY ATTORNEY GEORGE R. ST.JOHN COUNTY ATTORNEY April 11, 1991 Miss Lettie E. Neher, Clerk Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 Re: Redistricting Ordinance - Advertising Dear Estelle: I talked to Roger Wiley in the Attorney General's Office concerning notice requirements for advertising of the redistricting ordinance. First, I believe we can advertise the proposed election district ordinance in the same manner that we advertise any ordinance. If precinct lines have been prepared, we can also advertise the precinct line changes at the same time. If precinct lines have not been prepared at the time of advertisement, we must advertise and adopt the precinct line changes in a separate ordinance. The advertisement can refer to the changes by reference to copies available in your office. After the ordinance or ordinances adopting the election district lines and precinct lines have been adopted, we must publish the boundaries of the districts and precincts in a newspaper having general circulation in such election district or precinct once a week for two successive weeks. This publication must occur more than sixty days next preceding any general election. In addition, notice of any change shall be mailed to all registered voters whose election district or precinct is changed at least fifteen days prior to the next general, special or primary election. See Virginia Code Section 24.1-39. Although an argument exists that the publication of boundaries requirement is met by publishing a map in the newspaper, I think the better practice is to publish a verbal description of the boundaries and a map. \. Miss Lettie E. Neher, Clerk Page 2 April 11, 1991 Finally, if we have a map of the proposed election district boundary changes available now, it certainly does not hurt to publish the map when the election district changes are advertised. If you have any questions, please let me know. Very truly yours, ~()~ James . Bowling, IV Deputy unty Attorney JMB/tlh cc: Mr. Robert W. Tucker, Jr. Mr. V. Wayne Cilimberg Mr. Jim Heilman COUNTY OF ALBEMARLE Office of General Registrar 401 Mcintire Road Charlottesville. Virginia 22901-4596 (804) 296-5863 MEMORANDUM -", \ i A:::-~ ~J :,;\~;1 .:; t ~ I! . ,( ;... \ : To: Jim Bowling Deputy County Attorne~ Jim Heilman General Registrar March 30 t 1991 From: Date: Subject: Legal Requirements of Advertising District/Precinct Lines As per our conversationt I talked to Michael Brown at the State Board of Elections about what is required and when. He said that you should call Jack Austin or Mary Spain at the Division of Legislative Services. As they are prin- cipals in the whole redistricting process in the General Assembly, they will be hard to reach, but their number is 786-3591. I talked to Ms. Neher and borrowed her file from 10 years ago to see what was done then. It appears that: - A public hearing was advertised twice in March, 1981 concerning district lines and was held on March 18. A map was referenced but no metes and bounds seem to have been included in the add. (Attach. #1) - At a meeting on April 6t the Board "adopted" a district plan which was then forwarded to Justice on April 25. (Attach. #2 and #8) - On June 16 you forwarded a proposed ordinance delineating precinct boun- daries to the Board. (Attach. #3) - Justice approved district plan on June 18. (Attach. #4) - In mid-July (I think), the precinct plan was approved by Justice. - In early July, the whole plan (districts and precincts) was advertised to public hearing. Once again, it appears the pre-hearing ads did not have metes and bounds. . (Attach. #5) - The amending ordinance was adopted after Justice Dept. approvals. My guess is that the full description was published after this adoption. On this last issue, everything I have seen suggests that the ordinance is to be adopted before submission to Justice. Is this correct? Memorandum to Jim Bowling March 30, 1991 page 2 I found a few other interesting things in the file: - A letter from VACo outlining the process that should be taken, including reference to the advertising (Attach. #6) and their proposed schedule of events (Attach. #7) - A reference in the original Justice Dept. submission, to the fact that Electoral Board, and not the Supervisors, are responsible for establishing precinct lines and polling places. I donlt understand this one. (Attach. #8) I will be out of town until this Friday, so will check with you then or later on this matter. cc. Lettie Neher - /i711fc11. 'fI-j t,. (~' ',~'. . . 'i 7..? ." 8' /.... .... NOTICE OF PUBLIC HEARING REDISTRICTING The Board of Supervisors of Albemarle County will hold a public hearing on March 18, 1981, at 7:30 P.M., in the Albemarle County Courthouse to receive testimony from any interested persons concerning redistricting of the magisterial districts of Albemarle County. The Constitution of the State of Virginia requires the Board of Supervisors of Albemarle County to redistrict the magis- terial districts of the County for local legislative purposes in 1981. The redistricting must be as equal as practicable in popula- tion and composed of contiguous territory. The proposed redis- l. ....... tricting is shown on a certain map entitled "Redistricting Plan for Albemarle County, No.6 Revised," dated February 25, 1981, prepared by the Albemarle County Planning Department, on file with the Clerk of the Board of Supervisors of Albemarle County, County Office Building, Charlottesville, Virginia. For further informa- tion, please contact Lettie E. Neher, Clerk, Board of Supervisors of Albemarle County, telephone number 296-5841. ~i ,I TIL ... ~"' ~ . n.H1il....r I'.jmn.~'f*' 1Jl. . l.U r T I I ~ n 1 _'''...o.~_'-_~_'''' .,__;._c..__~....-~.,\"~:...."".:.olJj:~~..S,'~:!jo.=._,,,,._,,...,., , :l::l!'~'"_,=,~""",_,,,,-,~=,'~l.".:?~. ',;'<'"",,- . u~-t~ (jO . OF ALBeM . ~~( . ~ n _0 AT-rld-c w if 2- COUNTY OFFICE BUILDING CHARLOTTESVILLE, VIRGINIA 22901 MEMORANDUM DATE: TO: FROM: April 9) 1981 George R. St. John) County Attorney Linda W. Leake) Deputy C1erk~ The Board at its meeting on April 8) 1981) discussed the matter of redistricting and adopted map #6 with the following change: the area designated in blue which is known as the Piedmont Faculty Housing be placed in the Samuel Miller District and the blue area around the Rivanna Reservoir remain in the Jack Jouett District. With this action) the Board delegated you to communicate this action to the concerned parties along with the description of the boundaries which are to be done by the planning staff. A-question in this office has arisen about this adoption as to whether Chapter 6 of the County Code needs to be amended or whatever to bring this Chapter in line with these new boundaries. It would be appreciated if copies of the correspondence sent to the Justice Department and the Electoral Board could be given to this office for our files. LWL/ CC: Robert W. Tucker, Jr.) Director of Planning j , v' II~'_: ,/..u..'JJ____lrrriIFlf P- J ALeE: COUNn' OF ALBEMARL~( ^'~ e'" ~(~ ~ 7 ~ o lj , ~-{~ OF vOU FRECERICK W, PAYNE JAMES M. BOWL.ING. IV Office of County Attorney DlEJlYTY COUNTY AT"rO"Na..,. 416 PARK STREET CHARL.OTTESVIL.L.E, VIRGINIA aaeOl TEL.EPHONE aeO-7138 GItORGE R. ST..I0HN OOV...,.'" ",,,,.0......'" \ June 16, 1981 Guy B. Agnor, Jr., County Executive County Office Building Charlottesville, Virginia 22901 Re: Reapportionment Our File No. ACG 80-526 Dear Guy: I.,.,j Enclosed please find a proposed ordinance amending Chapter 6 of the Albemarle County Code (Elections). As you can see, the ordinance sets out by description the various magisterial districts and precincts contained therein. The metes and bounds descriptions were prepared by the Planning Department. l JMB/bm Enclosure cc: Jan Purcell If you have any questions, please let me know. SinC?llY yours, Jam~OWlinq. IV / -~4?'/~' c' t , , " ~.J. Ul'pdf I 1Ill'n' -'I J USII{'(' III /HlfrU( 11-( klllShi",.to", D.C, 205]0 JPT: CWG: HEW: gml DJ 166-012-3 D8242 JUN 1 8 1981 George R. St. John, Esq. County Attorney 416 Park Street Charlottesville, Virginia 22901 Dear Mr. St. John: ""'-, This is in reference to the redistricting of the magisterial districts in Albemarle County, Virginia, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. Your submission was received on April 27, 1981. The Attorney General does not interpose'any objection to the change in question. However, we feel a responsibility to point out that Section 5 of the Voting Rights Act expressly provides that the failure of the Attorney General to object does not bar any subsequent judicial action to enjoin the enforcement of such change. We wish to remind you that if and when the precinct lines and polling places are changed and formally adopted, preclearance under Section 5 should be sought. Sincerely, JAMES P. TURNER Acting Assistant Attorney General CiV/?Ri~ts ~i~';1 By: G ~~ ..P GERALD W. JONES Chief, Voting Section /F\ ( ~ ...... ...",,/ , ALrJt.i'li\l\LL CiJU NT Y 80/\ IW OF SU PEHVISORS .00 County Office Building Cha~ottesv111e, Virginia 2?~1 Account # 90030-8 kllU{J- #-5 following dates only: July 3, 1981 July 9, 1981 . PROOF REQUIRED: Yes No XXX . '. LEAD LINE PB HR 7/15/81 "..,.., ~ .~... and t\ ...4 ~... PUBLIC NOTICE ALBEMARLE COUNTY BOARD OF SUPERVISORS July 15, 1981 Notice is hereby given that the Board of Supervisors of Albemarle County, Virginia, will hold a public hearing on July 15, 1981, at 7:30 P.M. in the Albemarle C9unty Courthouse, Charlottesville, Virginia, on an ordinance to amend and reenact Chapter 6.of the Albemarle County Code to establish the boundaries of the magisterial and election districts of Albemarle 'COUMya.-ridtne---VO t-i ng pre c in c-t s --:a-od - -i;oIYing-'-pra:ces.tfie rei n . Copies of the proposed wording may' be obtained in the Clerk of the Board of Supervisors Office, Room 400, County Office Building, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. ., Public comments are invited. . Lettie E. Neher, Clerk ~ Frldoy. )ulv: ~,)9.8r, l).\, :/,~, v: f I PUILIC NOTICI--" ALllMAIlLI COUNTY BOAIlO 0' SUPERVISORS July '5. 1"1 . Notlet II ht1'tby glvtll Ihtl fht Iotird of SUlltI'vllOl'1 of Albtmt1'lt COII/Ily. Vlrgln'a. will hOld t publiC h..rlno on July 15. '''I. t' 7:JO P.M. In '''t Albtmtrlt Counly Court. /IOu... Chtrloltllvlllt, Vlrglnlt. on tn ordlnanc' 10 tmtlld ,neI rltll,ef Ch,pl,r . III lilt Alb,.,,,rl, COunly Cod' '0 III,blllh Ih' bOUneltrlll of ,lit m,glll,rla' lneI 'Itellon dl,. Irle" of Alb,mtrl' COunty tnd "'. voting Dt'telncfl tnel polllng plae" Ih,,.ln. . Copln of fIlt Dt'0ll0I1ll wording mlY IN obtllned In Ill, CllI'k III Ill, 8o.,d 01 ~uPlI'vllOl'I OffiCI, Room .00. Counly Olfle, Building, b9fw"n III' hOUri of ':00 A,M. 'nd $:00 P.M.. Monel'Y 'hrough Frldty. / Public commtll" tr' Invlltd. . Lt.ltl' E. Nthll'~k 'i" Thursday ,July 9, )98.1. PUILIC NOTICI ALBEMARLE COUNTY 10AI'O OF SUPERVllOIl. JulY U. I'"~ Ihl' Ih' Nollet II ",r'bY glv: Albtmtrlt lotrd III ~UlltI'vIIOl'I hOld t pu\)lIe County, Vlrglnl', will I ,.JO P.M, "..rlno ~~~~~~i,"~~:n,Y' Courl' In Ih' C"trlO""Vlll'. Vlrglnll, onl hOU'" tIld lneI rltll" ,n ordlna.nc_r~,t~b'mll''' Counly Chlpl,r.., bOUnderl" III coctt 10 IIllDlllh Ihl ltellon dl'. "'t mlOllltrl,1 ,nd , I Ind "', trle" 01 Albtm,rl, ..C~II~O pi"" vOllng prtcl"f" In.. ..... ,,,,,,,In. ' III wordl~ mty Copl" of Ih' Dt'0ll0I III Ill' loard Dt Obllln,,/ ':r~to~:~: ROOm .00. ~ou~~~.~eoot ~IMld,'nt~Gbr:;rp.:~ hOU"'" : ". Monelay ",rouoh FrIdIY. III . Mile ~mtllll erll~~I~II" CIII'II il'...~y.;~.t ~ltlt, .. /. -. ~ - 1h7~#- (J~ i - .- Action To Be Taken If No Changes Are Neceosary Even if no chances are found necessary to be made in the reapportion- ment of 1971 or earlier and the precincts and polling places established in 1971 or 1976 or earlier. a new 1981 ordinance or resolution must be adopt.ed by the governing body confirming the existing ones. All the supporting data and papers prepared in 1971 reapportionment must be updated and the 1971 or 1976 supporting data for the ectablishment of precincts and polling places must likewise be updated to serve as supporting pape~ for the ordinance or resolution. Notice and Publication The Code is a bit more clear in the requirement for notice and publication relating to the establishment of precincts and polli.ng places. Section 24.1-37 requires "The governing body shall prescribe and cause to be published the boundaries of the districts and precincts." Further. Section 24.1-38 is even clearer in its requirements for notice and publication: .. '~o change as provided for in . . . Section 24.1-37 shall be made within sixty days next preceding any general election nor until notice has been pub- lished in a newspaper having general circulation in such election district or precinct once a week for two successive weeks." "Once a week for two successive weeks" has been ruled by the Attorney General to mean the full fourteen days period. Whether the action taken b~_~he board of ~~~_~_::v.~_~.~rs _~~ 1n the form of an ordinanc.e or a resolution w~~id seem to make little difference. .' .. ~__-_.._-_.__.-._- '--'-"--' "__'.__n_._..... . ._."0' ......... .._'_ --....--.___....... _.,..___ ..---, ---...---__..... In either form. notice of the reapportionment of election districts and the establishment or rearrangement of election precincts and the location of polling places must be advertised onc.e a week for two successive weeks. If the ordinance form is used. it would have to comply with Section 15.1-504 of the Code titled the A~?Ption 2i Ordinances. There is nothing in the Code that treats with the form of resolutions. Notification of Voters. Once the ordinance or resolution is finally adopted. the Code provides that all registered voters whose precinct or polling place has hanged must be notified at least fifteen days prior 43 to the next general. ial or primary election. This task will be done 43Code of Virg (1950). Section 24.1-39. 18 --~ .---- .-...' ~.." ~.......c~ e A71MIJ- i1 r- f- / registrar under rules end regulntlons of the State Board of Elections. ~ Authority E~ tn~ur an~ ~ Expenses. The Code also authorizes the governing body of the county to employ such persons and/or agencies and to incur such expenses as may be necessary to carry out the reapportionment of election or magisterial districts and to establish and/or rearrange and relocate voting precincts and polling places.44 SCHEDULE FOR THE 1981 ELECTIONS 1. Present date throueh May 15t 1981 a. Develop reapportionment or redistricting of election or magisterial districts plan and draft ordinance or resolution including details of such plan'. 2. Monday, May 18, 1981 (Not later than this date) a. First publication of notice of intent to adopt the reapportionment or redistricting of election or magisterial districts plan. b. If the board of supervisors has so determined, the publication should include the notice of time and place of any public hearing on the reapportionment plan. 3. Monday, ~13Y 25, 1981 (Not later ~!b..f!. da~) a. Second publication of notice of intent to adopt the reapportionment or redistricting of election or magisterial districts plan. b. If the board of supervisors has so determined, the second publication should include notice of time and place of any public hearing on the reapportionment plan. 4. Monday, June 1, 1981 (No later than this date) - ---- a. Convene the board of supervisors in a regular, special, adjourned or continued meeting; b. If previously so determined and notice has been advertised, conduct public hearing-on ordinance or resolution embodying reapportionment or redistricting plan; c. Make any necessary modifications in the ordinance or resolu- tion which the board of supervisors in its discretion may agree to; d. Adopt the agreed upon ordinance or resolution by a recorded vote. 44 Code of Virginia , Section 15.1-37.6. - .. :.0._,- .,' "Uff~,..,,, __....,.....~ "__~, .'~ .. . I_._~__-~, .=__ fl e e _ .i+r7/tCtf fff tZ- ,I f;. e. Mail or arrange for personal delivery of copies of the ordinance or resolution to: 1. Mr. Gerald W. Jones. Chief Voting Section. Civil Rights Division Assistant Attorney U. S. Department of Justice Washington. D. C. 20530 2. Mr. Marshall Coleman. Attorney General Commonwealth of Virginia Supreme Court Building Richmond, Virginia 23219 5. August 2. 1981 a. Last day of the 60 day period allowed the U. S. Department of Justice to object to county's reapportionment or redistricting plan. 6. August 3. 1981 at 12:00 ~~dnight through August 7. 1981 at 5:00 p. m. a. Period for Declaration of Candidacy in a primary election for nomination as a candidate for election to the county board of supervisors. b. At the same time, to file petitions reqlJired to be filed with party chairman as a candidate. 7. August llt 1981 a. Date for filing disclosure statements of real estate interests or holdings with the clerk of the circuit court of the county. 8. September 8. 1981 a. Primary election for supervisors elected biennially for four-year terms expiring on December 31. 1981, and b. for members of the House of Delegates. 9. November 3. 1981 General Election for county supervisors elected biennially for four-year terms and members of the VirGinia House of Delegates. SCHEDULE FOR 1983 ELECTIONS The schedule for declaration of candidacy for nomination by. primary elections. by party convention. or by declaration of independent candidates will be governed by general law and such schedule will be established at the appropriate time bef e the 1983 elections. March 10. 1981 20 ~;~::'~ " . .i."H ,.t.: ~i ':~r ":~"M.~,;i'~~HiL '.'''-lji...u....~' .- ~"'... - ~ .- ;'-"-"""'" ---. ,....- ,... ./. "~ " e e h'lffc,;I- #~ Gerald W. Jones Assistant Attorney General April 23, 1981 Page Two 4. Single-page document entitled "1970 Census Data, Fifth Count -- Selected Demographic and Housing Statistics" and single-page document entitled "1970 Census Enumeration Districts Albemarle County, Virginia, by Minority Concentra- tions." These two documents should be read together and are marked Exhibit D. These documents are based on 1970 Census enumeration district data and show minority concentrations in Albemarle CountYI Virginia. We do not have this information at this point in time for 1980 Census enumeration districts. However, we believe that the 1980 minority concentrations in Albemarle County are substantially similar to the 1970 minority concen- trations. 5. The names, home addresses, and race of each member of the Board of Supervisors who adopted the new magisterial districts for Albemarle County, Virginia, are attached hereto in a document entitled "Albemarle County Board of Supervisors Members," marked Exhibit E. 6. The legislative history of each reapportionment (the names of the Board of Supervisors of Albemarle County which developed previous redistricting plans, and the date the previous redistricting plans were filed and put into effect) are attached hereto in a document entitled "Legislative History of Prior . Reapportionments of Albemarle County, Virginia," marked Exhibit F. Please note that the Electoral Board of Albemarle County, Virginia (an entity separate and distinct from the Board of Supervisors of Albemarle County) is required by State law to establish the precinct lines and polling places for the new magisterial districts. We will forward you for your approval in the near future any changes made by the Electoral Board of Albemarle County in precinct lines and polling places. We respectfully request your approval of the propnsed reapportionment of Albemarle County, Virginia, pursuant to Section 5 of the Voting Rights Act of 1965, as amended. GRS/JMB/bm Enclosures Sl.' ncerely Y04l);l/urs, . (({ . .11 ~crtg9'1't George~. St. John County Attorney .......,.. ... -".~ ...;.. ~. ..- - ,'-"",.' _...-.. !r"""" ..,,-. .- .. PUBUC NOTICE ALBEMARLE COill{fY Following is the ordinance adopted by the Board of Supervisors on May 15, 1991, establish- ing the election district lines and precinct lines for Albemarle County: AN ORDINANCE AMENDING AND REENACTING CHAPTER 6, SECTIONS 6-1 THROUGH 6-7 OF TIlE CODE OF ALBEMAR- LE (ESTABLISHMENT AND BOUNDARIES OF MAGISTERIAL AND ELECTION DIS- TRICTS AND VOTING PRECINCTS) BE IT ORDAINED by the Board of Supervi- sors of Albemarle County, Virginia, that Chapter 6, Sections 6-1 through 6-7 of the Code of Albemarle are hereby amended and reenacted as follows: Sec. 6-1. Establishment and boundaries of magisterial and election districts. The county shall be divided into six magisteri- al districts which shall be named and bounded as described below, and which shall be the election districts for the county within the meaning of sec- tion 15.1-571.1 of the Code of Virginia: (a) Charlottesville Magisterial District, to be bounded as follows: Beginning at the northern city limits of Charlottesville and its intersection with State Route 631 and the Southern Railroad right- of-way; then meandering west with the city limits to its intersection with State Route 743; then north on State Route 743 to its intersection with the South Fork Rivanna River Reservoir; then mean- dering north with the South Fork Rivanna River to its intersection with State Route 660; then north- east on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 643; then south on State Route 643 to its intersection with Schroeder Branch; then south with Schroeder Branch to its confluence with the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the northern city limits of Charlottesville and State Route 631, the point of beginning. (b) Jack Jouett Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 660 and the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its intersection with the western city limits of Char- lottesville; then south with the city limits to its intersection with Aldennan Road; then north on Alderman Road to its intersection with McConnick Road; then west on McConnick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the ftre road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said ftre road to its intersec- tion with the driveway leading to the Lewis Moun- tain Estate; then north on said driveway to its intersection with U.S. Route 250 Business; then west on U.S. Route 250 Business to its intersection with U.S. Routes 291250 Bypass; then north on the U.S. Route 250 Bypass to its intersection with State Route 601; then northwest on State Route 601 to its intersection with State Route 676; then west on State Route 676 to its intersection with State Route 614; then west with State Route 614 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South FOlk Rivan- na River to its intersection with State Route 660, the point of beginning. (c) Rivanna Magisterial District, to be bound- ed as follows: Beginning at the intersection of the AlbemarlelFluvanna County line and the Rivanna River; then meandering northwest with the Rivan- na River to the city limits of Charlottesville; then west with the city limits to the Southem Railroad right-of-way; then in a northeast direction on the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meander- ing northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U.S. Route 29; then north on U.S. Route 29 to its intersection with the Albe- marle/Greene County line; then east with the Albe- marle/Greene County line to the Albemarle/Orange County line; then continuing east with the Albemarle/Orange County line to the Albemarle/Louisa County line; then southwest with the Albemarle/ Louisa County line to the AlbemarlelFluvanna County line; then continuing southwest with the Albemade/Fluvanna County line to the Rivanna River, the point of beginning. (d) Samuel Miller Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 636 and the Albemarle/Nelson County line; then east on State Route 636 to the intersection with State Route 691; then north on State Route 691 to the intersection with U.S. Route 250; then east on U.S. Route 250 to its intersection with Interstate 64; then east on Inter- state 64 to the Mechum River; then meandering northeast with the Mechum River to its intersec- tion with State Route 614; then east on State Route 614 to its intersection with State Route 676; then southeast on State Route 676 to its intersection with State Route 601; then southeast on State Route 601 to its intersection with U.S. Routes 291250 Bypass; then south on U.S. Routes 291250 Bypass to its intersection with U.S. Route 250 Business; then east on U.S. Route 250 Business to its intersection with the driveway leading to the Lewis Mountain Estate; then south on said drive- way to its intersection with the ftre road leading to Edgemont Road; then south on said ftre road to its intersection with Edgemont Road; then southeast on Edgemont Road to its intersection with McConnick Road; then east on McConnick Road to its intersection with Alderman Road; then south on Alderman Road to its intersection with the western city limits of Chadottesville; then south with the city limits to its intersection with State Route 781; then south on State Route 781 to its intersection with State Route 631; then southwest on State Route 631 to its intersection with State Route 708; then southeast on State Route 708 to its intersection with unnamed road; then south on unnamed road to its intersection with White Oak Creek; then southeast with White Oak Creek to its confluence with the South Fork Hardware River; then meandering west with the South Folk Hard- ware River to its confluence with Walnut Branch; then west on Walnut Branch to its confluence with the southern tributary of Walnut Branch; then west on the southern tributary of Walnut Branch to its intersection with the Ammonett Mountain ridge- line; then southwest with the Ammonett Mountain ridgeline to its intersection with the South Fork Hardware River; then meandering west with the South Fork Hardware River to its confluence with Martin's Creek; then west on Martin's Creek to its intersection with State Route 633; then west on State Route 633 to its intersection with the Albe- made/Nelson County line; then north with the Albemarlef Nelson County line to State Route 636, the point of beginning. (e) Scottsville Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 633 and the Albemade/Nelson County line; then east on State Route 633 to its intersection with Martin's Creek; then east on Martin's Creek to its confluence with the South Fork Hardware River; then meandering east with the South FOlk Hardware River to its intersection with the Ammonetl Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east on the southern tributary of Walnut Branch to its confluence with Walnut Branch; then east on Walnut Branch to its conflu- ence with the South Fork Hardware River; then meandering east with the South Fork Hard ware River to its confluence with White Oak Creek; then northwest with White Oak Creek to its inter- section with unnamed road; then north on unnamed road to its intersection with State Route 708; then northwest on State Route 708 to its inter- section with State Route 631; then northeast on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersec- tion with the southern city limits of Char- lottesville; then east with the city limits to its inter- section with the Rivanna River; then meandering southeast with the Rivanna River to the Albemar- lelFluvanna County line; then southwest with the AlbemarlelFluvanna County line to the James River, the AlbemarlelBuckingham County line; then southwest with the AlbemarlelBuckingham County line to its intersection with the Rockftsh River, the Albemarle/Nelson County line; then north with the Albemade/Nelson County line to its intersection with State Route 633, the point of beginning. (f) White Hall Magisterial District, to be bounded as follows: Beginning at the intersection of State Route 636 and the Albemade/Nelson County line; then east on State Route 636 to the intersection with State Route 691; then north on State Route 691 to the intersection with U.S. Route 250; then east on U.S. Route 250 to its intersection with Interstate 64; then east with Inter- state 64 to the Mechurn River; then meandering northeast with the Mechum River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U.S. Route 29; then north on U.S. Route 29 to its intersection with the Albemar- le/Gr=e County line; then west along the Albe- marlefGr=e County line to the AlbemarlefRock- ingham County line; then southwest with the Albe- marlelRockingham County line to the Albemar- le/Augusta County line; then continuing southwest with the Albemarle/Augusta County line to the Albemade/Nelson County line; then southeast with the Albemarle/Nelson County line to its inter- section with State Route 636, the point of begin- ning. Sec. 6-2. Voting precincts Charlottesville Magisterial District. The Charlottesville Magisterial District shan include three (3) voting precincts, bounded as hereafter set out and named as follows: (a) Berkeley Precinct: Beginning at the inter- section of State Route 743 and U.S. Route 29; then northwest on State Route 743 to its intersection with State Route 631; then northeast on State Route 631 to its intersection with U.S. Route 29; then south on U.S. Route 29 to its intersection with State Route 743, the point of beginning. (b) Woodbrook Precinct: Beginning at the northern city limits of Charlottesville and its inter- section with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River; then meander- ing northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 743; then northwest on State Route 743 to its intersection with State Route 660; then southwest on State Route 660 to its intersection with the South Fork Rivanna River; then meandering south with the South Fork Rivanna River to its intersection with '7f 7 c; oIr cJ. ~ F 5'1 (7,5 i tJJ-- &J,5't: 5 ; J1g(.~, State Route 743; then south on State Route 743 to its intersection with State .Route 631; to.'1en east on State Route 631 to its intersection with the Southern Railroad right-of-way and the northern city limits of Charlottesville, the point of beginning. (c) Branchlands Precinct: Beginning at the northern city limits of Charlottesville and its inter- section with State Route 631 and the Southern Railroad right-of-way; then northwest on State Route 631 to its intersection with U.S. Route 29; then south on U.S. Route 29 to the northern city limits of Charlottesville; then east with the city limits to its inten;ection with the Southern Railroad right-of-way and State Route 631, the point of beginning. Sec. 6-3. Same - Jack Jouett Magisterial District. The Jack Jouett Magisterial District shall include two voting precincts, bounded as hereafter set out and named as follows: (a) Jack Jouett Precinct: Beginning at the intersection of State Route 660 and the South Fork Rivanna River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 743; then south on State Route 743 to its inten;ection with the western city limits of Charlottesville; then south with the city limits to its intersection with the Routes 29/250 Bypass; then southwest with the Routes 29/250 Bypass to its intersection with State Route 601; then north- west on State Route 601 to its intersection with State Route 676; then west on State Route 676 to its intersection with State Route 614; then west on State Route 614 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its confluence with the Moonnans River where they form the South Fork Rivanna River; then meander-ing southeast with the South Fork Rivanna River to its intersection with State Route 660, the point of beginning. (b) University Hall Precinct: Beginning at the intersection of the Routes 291250 bypass and the northwestern city limits; then south with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McComllck Road; then west on McConnick Road to its intersection with Edgemont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edgemont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersec- tion with the driveway leading to the Lewis Moun- tain Estate; then north on said driveway to its intersection with U.S. Route 250 Business; then west on U.S. Route 250 Business to its intersection with U.S. Routes 291250 bypass; then north-east on Routes 29/250 bypass to its intersection with the northwestern city limits, the point of begin- ning. Sec. 6-4. Same - Rivanna Magisterial Dis- trict. The Ri vanna Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: (a) Keswick Precinct: Beginning at the inter- section of the Albemarle/Orange/Louisa County line; then southwest with the AlbemarlefLouisa County line to its intersection with the Albemar- le/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its intersection with the Rivanna River; then meandering north- west with the Rivanna River to its confluence with Shadwell Creek; then north-east with Shadwell Creek to its origin near the ridge of the Southwest Mountain range; then northeast with the ridgeline of the South west Mountain Range to its intersec- tion with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Albemarle/Orange/ Louisa County line, the point of beginning. (b) Stony Point Precinct: Beginning at the intersection of the North Fork Rivanna River and the Southern Railroad right-of-way; then meander- ing south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its confluence with the South Fork Rivan- na River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the South- west Mountain range; then northeast with the ridgeline of the Southwest Mountain range to its intersection with the Albemarle/Orange County line; then west with the Albemarle/ Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River, the point of beginning. (c) Hollymead Precinct: Beginning at the intersection of the Southern Railroad right-of-way and the South Fork Rivanna River; then meander- ing northwest with the South Fork Rivanna River to its confluence with Schroeder Branch; then north with Schroeder Branch to its intersection with State Route 643; then north on State Route 643 to its intersection with State Route 743; then north on State Route 743 to its inter-section with State Route 606; then northeast on State Route 606 to its intersection with State Route 763; then east on State Route 763 to its intersection with U.S. Route 29; then north on U.S. Route 29 to its inter- section with the Albemarle/Greene County line; then east with the Albemarle/Greene County line to its intersection with the Albemarle/Orange County line; then east with the Albemarle/Orange County line to its intersection with the Southern Railroad right-of-way; then southwest with the Southern Railroad right-of-way to its intersection with the South Fork Rivanna River, the point of beginning. (d) Free Bridge Precinct: Beginning at the northern city limits of Charlottesville and its inter- section with State Route 631 and the Southern Railroad right-of-way; then northeast with the Southern Railroad right-of-way to its intersection with the North Fork Rivanna River; then meander- ing south with the North Fork Rivanna River to its confluence with Redbud Creek one thousand feet south of its confluence with the South Fork Rivan- na River; then east with Redbud Creek to its origin near the ridge of Wolfpit Mountain of the South- west Mountain range; then southwest with the ridgeline of the Southwest Mountain range to its intersection with the origin of Shadwell Creek; then southwest with Shadwell Creek to its conflu- ence with the Rivanna River; then meandering west with the Rivanna River to' its intersection with the eastern city limits of Charlottesville; then northeast with the city limits to its intersection with State Route 631 and the Southern Railroad right-of-way, the point of beginning. Sec. 6-5. Same - Samuel Miller Magisterial District. The Samuel Miller Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: (a) Ivy Precinct: Beginning at the intersection of the Mechum River and State Route 614; then east on State Route 614 to its intersection with State Route 676; then southeast on State Route 676 to its intersection with State Route 601; then southeast on State Route 601 to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with State Route 677; then southeast on State Route 677 to its intersec- tion with U.S. Route 250; then west on U.S. Route 250 to its intersection with State Route 677; then southwest on State Route 677 to its intersection with State Route 637; then southwest on State Route 637 to its intersection with Interstate 64; then west on Interstate 64 to its intersection with the Mechum River; then meandering northeast with the Mechum River to its intersection with State Route 614, the point of beginning. (b) North Garden Precinct: Beginning at the intersection of State Route 781 and Interstate 64; then west on Interstate 64 to its intersection with Broad Axe Creek; then south with Broad Axe Creek to its origin near the ridge of Taylors Moun- tain; then southwest with the ridgelines of Taylors Mountain. Martins Mountain, Israel Mountain, Long Ann Mountain, Castle Rock, Moses Moun- tain, and Heard Mountain to its intersection with State Route 633; then east on State Route 633 to its intersection with Martin's Creek; then east on Martin's Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the Arnmonett Mountain ridgeline; then northeast with the Ammonett Mountain ridgeline to its intersection with the southern tributary of Walnut Branch; then east with the southern tribu- tary of Walnut Branch to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its conflu- ence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersec- tion with State Route 708; then west on State Route 708 to its intersection with State Route 631; then northeast on State Route 631 to its intersec- tion with State Route 781; then north on State Route 781 to its intersection with Interstate 64, the point of beginning. (c) Batesville Precinct: Beginning at the inter- section of State Route 633 and the Albemarle/Nel- son County line; then northwest with the Albemar- le/Nelson County line to its intersection with State Route 636; then east on State Route 636 to its intersection with State Route 691; then north on State Route 691 to its intersection with U.S. Route 250; then east on U.S. Route 250 to its intersection with Interstate 64; then east on Interstate 64 to its intersection with Broad Axe Creek; then south with Broad Axe Creek to its origin near the ridge of Taylors Mountain; then southwest with the ridgelines of Taylors Mountain, Martins Mountain, Israel Mountain, Long Ann Mountain, Castle Rock, Moses Mountain, and Heard Mountain to its intersection with State Route 633; then west on State Route 633 to its intersection with the Albe- marle/Nelson County line, the point of beginning. (d) East Ivy Precinct: Beginning at the inter- section of Interstate 64 and State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottesville; then north with the city limits to its intersection with Alderman Road; then north on Alderman Road to its intersection with McCormick Road; then west on McComllck Road to its intersection with Edge- mont Road; then northwest on Edgemont Road to its intersection with the fire road connecting Edge- mont Road and the driveway leading to the Lewis Mountain Estate; then north on said fire road to its intersection with the driveway leading to the Lewis Mountain Estate; then north on said dri ve- way to its intersection with U.S. Route 250 Busi- ness; then west on U.S. Route 250 Business to its intersection with U.S. Routes 291250 Bypass; then north on U.S. Routes 29/250 Bypass to its inter- section with State Route 601; then northwest on State Route 601 to its intersection with Ivy Creek; then meandering southwest with Ivy Creek to its intersection with State Route 677; then southeast on State Route 677 to its intersection with U.S. Route 250; then west on U.S. Route 250 to its intersection with State Route 677; then southwest on State Route 677 to its intersection with State Route 637; then southwest on State Route 637 to its intersection with Interstate 64; then east on Interstate 64 to its intersection with State Route 781, the point of beginning. Sec. 6-6. Same - Scottsville Magisterial District. The Scottsvi11e Magisterial District shall be divided into four (4) voting precincts, bounded as hereafter set out, and named as follows: (a) Scottsville Precinct: Beginning at the intersection of State Route 620 and the Albemarle/Fluvanna County line; then southwest with the Albemarle/Fluvanna County line to its County line; then southwest with the AlbemarlelBuckingham COlmty line tq.its intersec- tion with State Route 627; then north on State Route 6?:J to its intersection with State Route 626; then northeast on State Route 626 to its intersec- tion with State Route 20; then northwest on State Route 20 to its intersection with State Route 712; then northwest on State Route 712 to its intersec- tion with the Arnmonett Mountain ridgeline; then northeast with the Arnmonett Mountain ridgeline to its intersection with the southern tributary of Walnut Bnmch; then east with the southern tribu- tary of Walnut Branch to its confluence with the South Fork Hardware River; then meandering east with the South FoIk Hardware River to its conflu- ence with White Oak Creek; then northwest with White Oak Creek to its intersection with unnamed road; then north on unnamed road to its intersec- tion with State Route 708; then east on State Route 708 to its intersection with State Route 620; then southeast on State Route 620 to its intersection with the AlbemarlelFluvanna County line, the point of beginning. (b) Monticello Precinct: Beginning at the intersection of State Route 781 and the southern city limits of Charlottesville; then east with the city limits to its intersection with the Rivanna River; then meandering southeast with the Rivanna River to the Albemarle! Ruvan- na County line; then southwest with the Albemar- le/Fluvanna County line to its intersection with State Route 620; then northwest on State Route 620 to its intersection with State Route 708; then west on State Route 708 to its intersection with State Route 631; then northeast on State Route 631 to its intersection with State Route 781; then north on State Route 781 to its intersection with the southern city limits of Charlottesville, the point of beginning. (c) Porter's Precinct: Beginning at the inter- section of State Route 627 and the James River, the AlbemarlelBuckingham County line; then southwest with the AlbernarlelBuckingham Coun- ty line to its intersection with the Rockfish River, the Albemarle/Nelson County line; then north with the Albemarle/N elson County line to its intersec- tion with the easternmost ridgeline of the Fan Mountains, where Appleberry Mountain and But- ler Mountain cross the Albemarle/Nelson County line; then northeast with the ridgeline of said mountains to its intersection with State Route 712; then southeast on State Route 712 to its inten;ec- tion with State Route 20; then southeast on State Route 20 to its intersection with State Route 626; then southwest on State Route 626 to its intersec- tion with State Route 627; then south on State Route 6?:J to its intersection with the James River, the AlbemarlelBuckingham County line, the point of beginning. (d) Covesville Precinct: Beginning at the intersection of State Route 633 and the Albemar- le/Nelson County line; then east on State Route 633 to its intersection with Martin's Creek; then east on Martin's Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its inter- section with the easternmost ridgeline of the Fan Mountains where Appleberry Mountain and Ammonett Mountain cross the South Fork Hard- ware River; then southwest with the ridgeline of said mountains to its intersection with the Albe- marle/Nelson County line; then north with the Albemarle/Nelson County line to its intersection with State Route 633, the point of beginning. Sec. 6-7. Same - White Hall Magisterial Dis- trict. The White Hall Magisterial District shall be divided into three (3) voting precincts, bounded as hereafter set out, and named as follows: (a) Crozet Precinct: Beginning at the intersec- tion of State Route 636 and the Albemarle/Nelson County line; then northwest with the Albemarle/Nelson County line to its intersection with the Albemarle/Augusta County line; then northeast with the Albemarle! Augusta County line to its intersection with the Albemarle/Rockingham County line; then northeast with the Albemarle/Rockingham County line to its intersec- tion with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its confluence with the Doyles River; then meandering southeast with the Doy les River to its confluence with the Moormans River; then meandering east with the Moormans River to its inter-section with State Route 671; then south west on State Route 671 to its intersec- tion with State Route 614; then southeast on State Route 614 to its intersection with the Mechum River; then meandering southwest with the Mechurn River to its intersection with Interstate 64; then west on Interstate 64 to its intersection with U.S. Route 250; then west on U.S. Route 250 to its intersection with State Route 691; then south on State Route 691 to its intersection with State Route 636; then west on State Route 636 to its intersection with the Albemarle/Nelson County line, the point of beginning. (b) Free Union Precinct: Beginning at the Albemarle/Rockingham/Greene County line; then southwest with the AlbemarlelRockingharn Coun- ty line to its inten;ection with the gate on Skyline Drive where Jones Fall Run and the Falls Trail originate; then east with Jones Fall Run to its con- fluence with the Doyles River; then meandering southeast with the Doyles River to its confluence with the Moormans River; then meandering east with the Moormans River to its intersection with State Route 671; then southwest on State Route 671 to its intersection with State Route 614; then southeast on State Route 614 to its intersection with the Mechum River; then meandering northeast with the Mechurn River to its confluence with the Moormans River where they form the South Fork Rivanna River; then meandering east with the South Fork Rivanna River to its conflu- ence with Buck Mountain Creek; then meandering northwest with Buck Mountain Creek to its inter- section with State Route 671; then northeast on State Route 671 to its intersection with State Route 664; then north on State Route 664 to its inter-sec- tion with State Route 810; then north on State Route 810 to its intersection with the Albemarle/ Greene County line; then west with the Albemar- le/Greene County line to its intersection with the AlbernarlelRockingham/Greene County line, the point of beginning. (c) Earlysville Precinct: Beginning at the intersection of U.S. Route 29 and the Albemarle!Greene County line; then west with the Albemarle/Greene County line to its intersection with State Route 810; then south on State Route 810 to its intersection with State Route 664; then south on State Route 664 to its intersection with State Route 671; then southwest on State Route 671 to its intersection with Buck Mountain Creek; then meandering southeast with Buck Mountain Creek to its confluence with the South Fork Rivan- na River; then meandering southeast with the South Fork Rivanna River to its intersection with State Route 660; then northeast on State Route 660 to its intersection with State Route 743; then southeast on State Route 743 to its intersection with State Route 606; then northeast on State Route 606 to its inten;ection with State Route 763; then east on State Route 763 to its intersection with U.S. Route 29; then north on U. S. Route 29 to its intersection with the Albemarle/Greene County line, the point of beginning. These boundaries are published as required by Vuginia Code Section 24.1-39. Notice of changes in election districts, precincts or polling places will be mailed to all affected registered voters at least fifteen days prior to the next general election. For information concerning these boundaries, contact James Heilman, Registrar, 296-5863, Albemarle County Office Building, 401 Mcintire Road, Char- lottesville, VIrginia. Lettie E. Neher, Clerk Board of County Supervisors f #ct"/;-;'/5"-/5"-;7/ ~ COUNTY OF ALBEMARLE Office of General Registrar 401 Mcintire Road Charlottesville. Virginia 22901-4596 (804) 296-5863 MEMORANDUM To: Members, Board of Supervisors From: James M. Heilman General Registrar r! Date: May 15,1991 Subject: Redistricting Ordinance Adoption Materials The enclosed attachments relate to tonightls public hearing and adoption of an ordinance and resolution relating to redistricting. Attachment #1: Population Statistics for Proposed Districts (including minor changes proposed at last week's hearing. Attachment #2: Population and Number of Registered Voters for Proposed Precincts Attachment #3: A proposed resolution adopting polling places. (Since these don't need to be adopted by ordinance, we propose deleting them from the ordinance and adopting them by resolution.) Attachment #4: Textual changes in the lIdistrict partll of the proposed ordinance. Attachment #5: Textual changes in the lIprecinct partll of the proposed ordinance. .. 4 -- "0 .-i 0)0'\ III ........ .,... CO >........ 0)L.t'l ~"-' ~I N M .-i 0 0'\ 0'\ 0 "-' . . N 0'\ " 1..0 0'\ L.t'l 0 rtl .-i .-i .-i .-i III ~ c: U .::.! .-i 0'\ " " N CO ~ 0 "0 .,... U M CO .-i 0 .-i 1..0 N .,... 0) ~ rtl M 0 CO CO ....... 1..0 CO ~ III ~ ...- ....... ....... ....... ....... 1..0 a. o III 00 0 a..,... 00 ~ Cl.. ....... 0'\ ...- L.t'l 0 CO 1..0 0'\ N 0 0'\ rtl ....... .-i M N ....... 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CO 0'\ ...- O"l L.t'l " 0 CO ~ M ....... rtl N ~ 0 ~ ....... ~ CO ~ o:::t' 1..0 M gj ~ 0 " 0 0'\ 0'\ O"l 0'\ 0'\ L.t'l I- L.t'l lLJ .....J I- 0:: -oJ -oJ lLJ t- lLJ ..... -oJ -oJ lLJ -oJ > e:( e:( -oJ ::::l -oJ V) :z: ::z: ..... ~ ..... I- :z: lLJ -oJ > :::E l- e:( l- e:( 0 ::- ..... I- ::z: U ..... ::z: 0 U r-:> Vl Vl ex: :3 I- .. jJ 71/,'fvt/. #- / , II fTAc~ If..l. 4/24/91 (revised 5/15/91) PRELIMINARY COUNTS OF POPULATION AND REGISTERED VOTERS FOR PROPOSED ALBEMARLE COUNTY PRECINCTS Precinct/District Population Reg. Voters* Woodbrook 3953 2250 Berkeley 5538 2680 Branch 1 ands 1424 750 CHARLOTTESV ILLE 10915 5680 ---,--- 11710 4500 Ivy 4020 2660 East Ivy 3574 1100 North Garden 2229 1020 Batesv i 11 e 1715 740 SAMUEL MILLER 11538 5520 Scottsv ill e 1983 790 Monticello 6629 2590 Porters 2183 810 Covesv ill e 529 230 SCOTTSVILLE 11326 4420 Keswi ck 2699 1430 Stony Point 1160 530 Hollymead 4473 2270 Free Bridge 2887 . 1750 RIVANNA 11219 5980 Crozet 5968 2890 Free Union 1764 790 Earlysville 3600 1720 WH ITEHALL 11332 5400 TO TAL 68040 31500 *Counts of Registered Voters are rough estimates. **If Jack Jouett District is sp 1 it into two precincts: 5632 2900 6078 1600 11710 4500 II . AT7~H. #3 RESOLUTION BE IT RESOLVED, that effective June It 1991t the polling places for the various voting precincts in Albemarle County, Virginia shall be as follow~: Precinct Woodbrook - Polling Place Woodbrook Elementary School Berkeley - Eldercare Gardens [New polling place] Branchlands - Senior Center [New precinct] Jack Jouett - Jack Jouett Middle School University f-I~versity Hall [New precinct] Ivy - Meriwether Lewis Elementary School , ) North Garden -Red Hill Elementary School Batesvi'le - Batesville United Methodist Church Social Hall East Ivy - Kappa Sigma Auditorium [New precinct] Scottsville - Scottsville Elementary School Monticello - Piedmont Virginia Community College Porter's - Yancey Elementary School Covesville - Covesville Presbyterian Church Keswick - Stone Robinson Elementary School Stony Point - Stony Point Ruritan Building . Hollymead - Hollymead Elementary School Free Bridge - Elks Lodge Crozet - Brownsville Elementary School Free Union - Earlysvi"e - Jr. O.U.A.M. Building Bro~s Wood Elementary School [New precinct] ATtACH-; #-1 RECOMMENDED CHANGES IN PROPOSED DISTRICT LINES (d) Samuel Miller Magisterial District Last line on page 2 and first four lines on page 3 should be changed to read: Ammonett Mountain ridgeline to its intersection with the South Fork Hardware River; then meandering west with the South Fork Hardware River to its confluence with Martinis Creek; then west on Martinis Creek to its intersection with State Route 633; then west on (e) Scottsville Magisterial District Lines 2 through 6 should be changed to read: County line; then east on State Route 633 to its intersection with Martin's Creek; then east on Martinis Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the ,. ~ 4-rTAcH. Ii S RECOMMENDED CHANGES IN PRECINCT LINES Change Sec. 6-3 as follows: Sec. 6-3. Same--Jack Jouett Magisterial District. The Jack Jouett Magisterial District shall include two (2) voting pre- cinctst bounded as hereafter set out and named as follows: (a) Jack Jouett Precinct [Same text as in advertised ordinance, page 4, through fourth line, then:] intersection with the Routes 29/250 Bypass; then southwest with the Routes 29/250 Bypass to its intersection with State Route 601; then northwest on State Route 601 to its intersection with [Same text as in advertised ordinance beginning with line 5 of first paragraph, page 5 and completing paragraph.1 Htdf (b) univerSitf1 Precinct Beginning at the intersection of the Routes 29/250 Bypass and the north- western city limits; then south with the city limits to its [Same text as in advertised ordinance beginning with line 5 of last paragrapht page 4 and continuing through line 2 of first paragraph, page 5, then:] Routes 29/250 Bypass; then northeast on Routes 29/250 Bypass to its intersection with the northwestern city limits, the point of beginning. ///. Change S~ 6-5 (b) on page 6 as follows: / ,[ 1 i ne 6 to end of page shou 1 dread: ] , ~te 633; then east on State Route 633 to its intersection with Martin's ~ ~;~ek; then east on Martinis Creek to its confluence with the South Fork Hardware River; then meandering east with the South Fork Hardware River to its intersection with the Change Sec. 6-6 (d) on page 8 as follows: [line 1 through bottom (page 8) and line 1 through 3 (page 9) should read:] Beginning at the intersection of State Route 633 and the Albemarle/Nelson County line; then east on State Route~ 63 to its intersection with Martinis Creek; then east on Martinis Creek to 'ts nfluence with the South Fork Hardware River; then meandering e~st wi h the South Fork Hardware River to its intersection with the easternmost ridge ne of the Fan Mountains where Appleberry Mountain and Ammonett Mountain cross the South Fork Hardware River; then southwest with the ridgeline of said mountains /....... ~ \]' , ,,\ f '" \lQ 19J D MEMO TO: Melvin A. Breeden, Director of Finance FROM: Lettie E. Neher, Clerk DATE: May 20, 1991 SUBJECT: Appropriations - May 15, 1991, Board Meeting Attached are forms for two appropriations/transfers approved by the Board at its meeting on May 15, 1991: Crozet Crossing Affordable Housing Project Woodbrook/Burley/Brownsville, etc. transfers within the Capital Fund len:rruns Attachments (2) cc: V. Wayne Cilimberg Robert W. paskel .... r( ( ;~; ; _2'i9...:1:I__COUNTY Of ALBEMARLt. Ag811dil L~;i' ::CJ 91, qJ{IPk COUNTY OF ALBEMARLE EXECUTIVE OFftCE MEMORANDUM TO: FROM: DATE: RE: Robert W. Tucker, Jr., County Executive David B. Benish~hief of Community Development May 7, 1991 CDBG (CIG #90-24),Crozet Crossing Affordable Housing Project Please find attached a request from Theresa Tapscott of AHIP for a portion of the County's cash contribution to the CDBG - Crozet Crossing project. AHIP is administering this grant for the County, and has requested that $40,000 to $50,000 be appropriated in order to establish a cash reserve to pay vendors in a timely fashion. staff recommends that a minimum of $40,000 be appropriated. This would leave $260,000 of the total $300,000 County match to be appropriated at a future date. At this time, it is difficult to determine precisely when additional funds would be needed, but it is anticipated that the bulk of the remaining funds would be needed by the fall (September-November) of 1991. AHIP has already received bills for site planning/engineering services and for consultant services for required archeological surveys of the site. Appropriation of these funds at the earliest possible date will minimize the interest paid on these bills. If you should have any questions, please do not hesitate to contact me. DBB/jcw ATTACHMENT .# .. APPROPRIATION REQUEST FISCAL YEAR 90/91 NUMBER 900032 TYPE OF APPROPRIATION ADDITIONAL TRANSFER NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND GRANT PURPOSE OF APPROPRIATION: CROZET CROSSING AFFORDABLE HOUSING PROJECT EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ************************************************************************ 1122481025563100 GRANT FUNDS TO AHIP $600,000.00 1100093010930205 GEN'L FUND TRANSFER TO CDBG 40,000.00 TOTAL $640,000.00 REVENUE DESCRIPTION AMOUNT ************************************************************************ 2122433000330009 2122451000512004 GRANT PROCEEDS TRANSFER FROM GENERAL FUND $300,000.00 $300,000.00 2100051000510100 GEN'L FUND BALANCE 40,000.00 TOTAL $640,000.00 ************************************************************************ REQUESTING COST CENTER: PLANNING APPROVALS: SIGNATURE DATE DIRECTOR Q.f FINANCE ~~~ S-/d- j'/ BOARD OF SUPERVISORS 5 -;;?rJ --~ / J. -. AHIP Albemarle Housing Improvement Program 409C East High Street. Charlottesville, Virginia 22901 . (804) 293-5708 April 18, 1991 ~~~'~)~ , " :;2 1991 PLANNING D1VtSION Mr. David Benish, Chief of Community Development Albemarle County 401 1'lclntire Rd. Charlottesville, Va. 22901 Dear Mr. ~h, ()~ This letter is written to request that the County forward a portion of its CDBG (CIG #90-24) cash contribution to AHIP_ AHIP is administering the County's 1990 CIG grant, and in order to pay vendors in a timely fashion a cash reserve is necessary. At this time, I feel that $40,000 to $50,000 would be sufficient to cover expenses already incurred and through June 1991. As you know, CDBG funds are budgeted for only, and CHF funds are budgeted for land Therefore, County funds must be available to related expenses. site development purchase only_ pay other grant Thank you very much for your time and attention to thts request. Please don't hesitate to call should questions arise. Sincerely, ~ Theresa L. Tapscott Executive Director An Affiliate of The Charlottesville Housing Foundation , APPROPRIATION REQUEST FISCAL YEAR 90/91 NUMBER 900031 TYPE OF APPROPRIATION ADDITIONAL TRANSFER X NEW X ADVERTISEMENT REQUIRED ? YES NO X FUND CAPITAL PURPOSE OF APPROPRIATION: FUNDING OF BURLEY AND BROWNSVILLE PROJECTS. EXPENDITURE COST CENTER/CATEGORY DESCRIPTION AMOUNT ************************************************************************ 1900060212800901 1900060251800901 1900060202800673 1900060251800901 1900060202800673 1900060100800675 1900060100950042 WOODBROOK HVAC BURLEY RENOVATIONS BROWNSVILLE HVAC BURLEY RENOVATIONS BROWNSVILLE HVAC VARIOUS PAVING PROJECTS UNDERGROUND STORAGE TANKS ($119,350.00) 56,150.00 63,200.00 291,000.00 184,800.00 66,800.00 149,000.00 TOTAL $691,600.00 REVENUE DESCRIPTION AMOUNT ************************************************************************ 2900041000410500 BOND PROCEEDS $691,600.00 TOTAL $691,600.00 ************************************************************************ REQUESTING COST CENTER: EDUCATION APPROVALS: BOARD OF SUPERVISORS SIGNATURE ~/~ DATE DIRECTOR OF FINANCE ~-7-q/ 5-/t7~~ / ...'.. I ./ /\ (': t_ L ; ~'-'i j l>; ..~:., :..~-~ ~-~r\.i_rr,:.~=. r~;ll ,; 'I" '", ':: I :1/'~' t,N'f 'J "'91 \ i Il i j r \' I I. "l~. ; i ! :! ; 1\ h,...,,.-.,,._..~..~- / Iii: d ..... t,' ') t:D 1.~':i iJ i.J - F-.. i '. ; i ,\',:,,:,:'\,i' J,""j(,. r" I;, ._. '.,,--- . l'V' ::~ ('; r,.)(. MEMORANDUM TO: FROM: DATE: RE: Albemarle County Board of Supervisors ~ ~~ County Executiv~;' Robert W. Tucker, Jr., May 1, 1991 Capital Improvement Project Transfer The Albemarle County School Board has recently requested a transfer of funds in the Capital Improvements Program to cover two recently bid projects which are over budget. The transfers are as follows: To: Burley Auditorium/Gymnasium Project $ 119,350 $ 56,150 From: Woodbrook HVAC Brownsville HVAC $ 63,200 Since all three projects came in over budget, the School Board plans to utilize the funds from the Woodbrook HVAC project to be transferred to the Brownsville and Burley projects for their completion. It is hoped that favorable bids from the Albemarle High School renovation project and the Brownsville masonry repair project will be adequate to reinstate the Woodbrook project in the future. Staff recommends your approval of these transfers. In a related but separate matter for your consideration and action, the Burley and Brownsville projects above are scheduled for appropriation on July 1, 1991. In order to begin work as soon as school ends, the School Board is requesting that these two projects, as well as the underground fuel tank removal projects and repaving projects, be appropriated at this time. Staff therefore recommends approval of the following appropriations (see attached appropriation forms): Albemarle County Board of Supervisors RE: Capital Improvement Project Transfer May 1, 1991 Page 2 of 2 Burley Auditorium/Gymn Project Brownsville HVAC Removal of Underground Tanks Repaving Project RWTJr/bat 91-1.39 Attachments c: Melvin A. Breeden Robert W. paskel $ 291,000 $ 184,800 $ 149,000 $ 66,800 . ,,,;.~ TKI;,C. '1~L~~_ ALBEMARLE COUNTY PUBLIC SCHOOLS Office of the Superintendent 401 McIntire Road Charlottesville, Virginia 22901-4596 MEMORANDUM RE: Robert Tucker, County Executive Robert W. Paskel, Division superintendent~~ Capital Improvement Projects Transfer of Funds TO: FROM: DATE: April 30, 1991 At its meeting on April 23, 1'991, the School Board voted to request the Board of Supervisors to transfer $56,150 for the Burley Auditorium/Gymnasium project and $63,200 for the Brownsville heating and air conditioning replacement. The transfer would come from Woodbrook heating and air conditioning replacement budget currently in the Capital Improvements Plan budget. Since the bids for all three projects were over the budget, we felt that it was best to combine the funds and complete the Brownsville and Burley projects. If we get favorable bids, we hope to have funds available from the Brownsville masonry repair and the Albemarle High School renovation to reinstate the Woodbrook project. Attached you will find a project budget with a brief explanation of each project. Al Reaser is managing these projects and he will be happy to answer any questions you may have. Funds for the Brownsville and Burley projects have been included in the CIP and are scheduled to be appropriated in July 1991. It is requested that the appropriation of $184,800 for Brownsville and $291,000 for Burley be approved as soon as possible so that contracts may be signed and the projects may proceed during the summer. In addition the CIP contains funding for projects for removal and/or replacement of underground storage tanks at six schools and repaving projects at five schools. In order to complete this work in the summer it is requested that an appropriation scheduled for July 1991 be approved as soon as "We Expect Success" -2- possible so that contracts can be signed. Amounts and budget codes for these projects are listed below: Project Amount Budget Code Removal of Underground Tanks $149,000 1-9000-60100-950042 Repaving Projects 66,800 1-9000-60100-800675 Thank you for your attention to these matters. cc: Tracy Holt Melvin Breeden vEstelle Neher RWP:pw , . WOODBROOK ELEMENTARY SCHOOL HVAC PROJECT BUDGET ENGINEERING FEES $21,000.00 Design and Administration Reimbursables $20,000.00 1,000.00 CONSTRUCTION (Project Postponed) 0.00 ASBESTOS REMOVAL 5,000.00 PROJECT TOTAL $26,000.00 Transfer to Burley/Brownsville 119,350.00 FUNDING 168,000.00 $ 22,650.00 Variance There were four bidders with Design Electric low at $183,089.00, the second lowest bid at $216,265.00, and the highest bid was $244,000.00 This project was under budgeted from previous years and the intercom and fire alarm system replacements were removed from the scope of work. We also had unexpected asbestos removal. I chose to delay this project because: 1. Part of the Brownsville specifications was for retain ownership of the mechanical equipment. we can use these "parts" to keep the Woodbrook running for one more year if necessary. us to I feel system 2. The long-range planning committee will possibly be recommending enlarging this school. If so, the equipment should be larger to accommodate this. ., . . BROWNSVILLE ELEMENTARY SCHOOL HVAC PROJECT BUDGET ENGINEERS FEES $21,000.00 Design and Administration Reimbursables $20,000.00 1,000.00 CONSTRUCTION $222,000.00 ASBESTOS REMOVAL 5,000.00 PROJECT TOTAL: $248,000.00 184,800.00 FUNDING VARIANCE ($63,200.00 There were four bidders with Design Electric low at $221,846.00, second lowest bid $266,360.00, and the highest was at $281,360.00. This project was under budgeted from previous C.I.P.'s and it was obviously too low. In addition, there were added costs for the underground tank to meet the new E.P.A. requirements and for unanticipated asbestos removal. We also changed the scope by sizing the equipment to handle an additional 10,000 square feet of classrooms and library, which was part of the C.I.P. request scheduled for 1995-96. When it became obvious that we were over budget, we removed the P.A., fire alarm, and Kitchen fire suppression system from the original scope of work. ". .. .. BURLEY MIDDLE SCHOOL PROJECT BUDGET ARCHTECT & ENGINEERING FEES $25,000.00 Design and Administration Reimbursables $22,500.00 2,500.00 CONSTRUCTION CONTINGENCY 320,150.00 2,000.00 CONSTRUCTION PROJECT TOTAL $347,150.00 291,000.00 FUNDING VARIANCE ( $56,150.00) There were four bidders with Merritt Meridan being low at $319,100.00, the second lowest at $356,076.00, and the highest at $477,750.00. There was no change in the scope of work and the budget was based on the Architects' estimate, which was wrong. - I~ [lI' ! Iii \Uj ~? ~~ U U At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 15th day of May, 1991, at which the following members were present and absent: PRESENT: Mr. Edward H. Bain, Jr. Mr. David P. Bowerman Mr. F. R. Bowie Mrs. Charlotte Y. Humphris Mr. Walter F. Perkins Mr. Peter T. Way ABSENT: None. the following resolution was adopted by a majority of all members of the Board of Supervisors by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER Mr. Bain ' Mr. Bowerman Mr. Bowie Mrs. Humphris Mr. Perkins Mr. Way VOTE Yes Yes Yes Yes Yes Yes RESOLUTION RATIFYING AWARD OF $3,000,000 SCHOOL BONDS, SERIES OF 1991A, OF ALBEMARLE COUNTY, VIRGINIA, TO VIRGINIA PUBLIC SCHOOL AUTHORITY WHEREAS, by resolution adopted on April 3, 1991 (the "Bond Resolution"), the Board of Supervisors of Albemarle County, Virginia (the "County"), provided for the issuance of $3,000,000 School Bonds, Series of 1991A (the "Bonds"), of the County to the Virginia Public School Authority (the "Authority"); WHEREAS, such resolution authorized the County Executive to award the Bonds to the Authority at such interest rate or rates as would produce a differential in each year of not more than one-tenth of one percent (1/10 of 1%) over the annual rate to be paid by the Authority on the bonds it sold to provide funds to purchase the Bonds, provided that no interest rate on the bonds should exceed nine percent per year; and WHEREAS, on May , 1991, the County Executive on behalf of the County awarded the-Bonds, bearing interest at the annual rates and maturing on December 15 in years and amounts as shown on Exhibit A hereto, to the Authority; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The action of the County Executive in awarding the Bonds to the Authority is hereby ratified, approved and confirmed, and the Bonds shall bear interest at the annual rates and shall mature on December 15 in years and amounts as shown on Exhibit A. 2. The Bonds shall be in substantially the form approved by the Bond Resolution, with such changes as may be necessary or appropriate to conform them to the provisions of this resolution. 3. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board of Supervisors held the 15th day of May, 1991, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the Board of Supervisors of Albemarle County, Virginia, this ~~ day of May, 1991. (SEAL) -2- " EXHIBIT A ALBEMARLE COUNTY, VIRGINIA $3,000,000 SCHOOL BONDS, SERIES OF 1991A Year Amount Rate Year Amount Rate 1991 $ 60,000 7.80% 2001 $135,000 6.10% 1992 90,000 7.80 2002 130,000 6.30 1993 90,000 7.80 2003 135,000 6.35 1994 155,000 7.80 2004 140,000 6.35 1995 195,000 7.80 2005 145,000 6.35 1996 190,000 6.10 2006 150,000 6.35 1997 190,000 6.10 2007 150,000 6.35 1998 190,000 8.10 2008 150,000 6.35 1999 190,000 6.10 2009 160,000 6.35 2000 195,000 6.10 2010 160,000 6.35 It, r-"', f~. f';\ 'VI UQlQ)l(u SIGNATURE AND NO LITIGATION CERTIFICATE AND RECEIPT The undersigned officers of Albemarle County, Virginia (the "County"), hereby certify as follows: 1. Frederick R. Bowie, Chairman of the Board of Supervisors, having been authorized to do so, has signed the County's $3,000,000 School Bond, Series of 1991A (the "Bond"), dated the date hereof and numbered TR-1. 2. Lettie Estelle Neher, Clerk of the Board of Supervisors, having been authorized to do so, has countersigned the Bond and affixed the seal of the Board of Supervisors thereto. 3. No litigation of any kind is now pending or, to the best of our information, knowledge and belief, threatened to restrain or enjoin the issuance or delivery of the Bond or the levy or collection of taxes to pay principal of or interest on the Bond, or in any manner questioning the proceedings and authority under which the Bond is issued or affecting the validity of the Bond, the title of the officers signing the Bond has not been contested, and no authority or proceeding for the issuance of the Bond has been repealed, revoked, rescinded or amended. 4. Each of the representations and covenants contained in paragraphs 12, 14 and 15 of the resolution providing for the issuance of the Bond adopted by the Board of Supervisors on April 3, 1991, has been examined by each of the undersigned and is true, accurate and complete 'as of the date hereof. 5. The official seal of the Board of Supervisors of Albemarle County, Virginia, is the same seal of which an impression appears below as well as on the Bond. Dated May 23, 1991. ( SEAL) ci~MA ~~~ Chairman, Board of Supervisors of Albemarle County, Virginia ~'~~~~Clerk' Board of Supervisors of ~ Albemarle County, Virginia I hereby certify that the signatures of Frederick R. Bowie and Lettie Estelle Neher, appearing above are true and genuine. Title Bank The undersigned Director of Finance of the County hereby certifies that the Bond described above was delivered on the date hereof to a representative of the virginia Public School Authority, as the purchaser thereof. Dated May 23, 1991. ~~/~ Director of Finance, Albemarle County, virginia t We hereby certify that we have received the Bond described above as the purchaser thereof, and that we have transferred $3,000,000 to the County's Principal Subaccount described in a Proceeds Agreement dated May 23, 1991, between, among others, us, the County and Central Fidelity Bank, as Depository. Dated May 23, 1991. VIRGINIA PUBLIC SCHOOL AUTHORITY By Assistant Treasurer 2 . r We hereby certify that $3,000,000 has been credited to the County's Principal Subaccount, as provided in the Proceeds Agreement as described above. Dated May 23, 1991. CENTRAL FIDELITY BANK, as Depository By Its 3 DiS:Tit':':~2j to y, (0.91 _ Agenda i::ii1 ::). _ q ,,()4!!}:.L(,.:> "- COUNTY OF ALBEMARLE Department of Finance 401 Mcintire Road Charlottesville, Virginia 22901-4596 Telephone (804) 296-5855 COUNTY OF ALBEMARlE MEMORANDUM EXECUTCVE OffiCE TO: Robert W. Tucker, Jr., County Executive FROM: Melvin A. Breeden, Director of Finance ~~ DATE: May 9, 1991 RE: VPSA Bond Issue Attached is the last resolution for the Board of Supervisors ratifying the aware of the VPSA Bonds. This is a sample resolution only, since the Bond Sale occurred on May 9, 1991. Hunton & Williams, Bond Counsel, will supply the completed resolution for distribution at the May 15th Board meeting. The Bonds were sold by VPSA on May 9, 1991 with an interest rate of 6.369%. The 1989 VPSA Bonds were sold at 6.91%. The closing date for sale of the Bonds, at which time the funds will be available, is still scheduled for Thursday, May 23, 1991. This resolution must be adopted by the Board of Supervisors at their meeting on May 15, 1991. MAB/bs Attachment RI-PF T:\vpsa\albem\spring91\awre 4/30/91 11:33 am At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 15th day of May, 1991, at which the following members were present and absent: PRESENT: ABSENT: the following resolution was adopted by a majority of all members of the Board of supervisors by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE RESOLUTION RATIFYING AWARD OF $3,000,000 SCHOOL BONDS, SERIES OF 1991A, OF ALBEMARLE COUNTY, VIRGINIA, TO VIRGINIA PUBLIC SCHOOL AUTHORITY WHEREAS, by resolution adopted on April 3, 1991 (the "Bond Resolution"), the Board of Supervisors of Albemarle County, Virginia (the "County"), provided for the issuance of $3,000,000 School Bonds, Series of 1991A (the "Bonds"), of the County to the Virginia Public School Authority (the "Authority"); WHEREAS, such resolution authorized the County Executive to award the Bonds to the Authority at such interest rate or rates as would produce a differential in each year of not more than one-tenth of one percent (1/10 of 1%) over the annual rate to be paid by the Authority on the bonds it sold to provide funds to purchase the Bonds, provided that no interest rate on the bonds should exceed nine percent per year; and WHEREAS, on May ,1991, the County Executive on behalf of the county awarded the-Bonds, bearing interest at the annual rates and maturing on December 15 in years and amounts as shown on Exhibit A hereto, to the Authority; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The action of the County Executive in awarding the Bonds to the Authority is hereby ratified, approved and confirmed, and the Bonds shall bear interest at the annual rates and shall mature on December 15 in years and amounts as shown on Exhibit A. 2. The Bonds shall be in substantially the form approved by the Bond Resolution, with such changes as may be necessary or appropriate to conform them to the provisions of this resolution. 3. This resolution shall take effect immediately. The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Board of Supervisors held the 15th day of May, 1991, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the Board of Supervisors of Albemarle County, Virginia, this day of May, 1991. (SEAL) Clerk of the Board of Supervisors of Albemarle County, Virginia -2- EXHIBIT A ALBEMARLE COUNTY, VIRGINIA $3,000.000 SCHOOL BONDS. SERIES OF 1991A Year Amount Rate Year Amount Rate 1991 $ 55,000 2001 $140,000 1992 60,000 2002 150,000 1993 65,000 2003 165,000 1994 75,000 2004 180,000 1995 80,000 2005 195,000 1996 90,000 2006 215,000 1997 95,000 2007 235,000 1998 105,000 2008 260,000 1999 115,000 2009 285,000 2000 125,000 2010 310,000 - ,'j @@frtl COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE. VIRGINIA 22901-4596 FROM: Jo Higgins, Capital prOjects:~ordinator Lettie E. Neher, Clerk, CMC ~ May 17, 1991 MEMO TO: DATE: SUBJECT: Easement - Agnor-Hurt Elementary School Attached is the original easement for the drainage easement for the Agnor-Hurt Elementary School which has been signed by the Chairman of the Board of Supervisors. When this easement has also been signed by the School Board and recorded in the Clerk's Office, please send the original easement and the recording slip to this office for safekeeping. len/roms Attachment (Easement) , ~~~'\ ;';" r"'''')\~ (...'U I r '.~ I D) C \" L7 \ U ! ~U; j ~/- \J THIS EASEMENT made this 18th day of April, 1991, by and between THE COUNTY OF ALBEMARLE, VIRGINIA, Grantor/Grantee, and THE COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA, Grantee/Grantor, WIT N E SSE T H : For and in consideration of TEN ($10.00) DOLLARS, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the County of Albemarle, Virginia, Grantor, GRANTS and CONVEYS to the County School ,Board of Albemarle County, Grantee, a permanent drainage easement containing 12,395 square feet across property of the County of Albemarle, Virginia, as shown on plat of Hayes, Seay, Mattern & Mattern, Inc., dated February 12, 1991, entitled "Plat Showing Drainage Easement for a Detention Basin and Gasline Easement to be Dedicated to the City of Charlottesville Gas Division on Tax Map 45-94 Owned by the County of Albemarle, Virginia" (the Plat). Reference is made to the Plat for the location of the drainage easement. The drainage easement is on property acquired by the County of Albemarle, Virginia, by deed of William W. Stevenson, Trustee, et al., dated October 5, 1990, and recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 1128, Page 654. The Grantee, County School Board of Albemarle County shall use the drainage easement for the construction of a detention basin for the benefit of property of the County School Board of Albemarle County acquired from the County of Albemarle, Virginia, . . ' by deed dated October 31, 1990, recorded in the aforesaid Clerk's Office in Deed Book 1128, Page 650. The Grantee shall construct and maintain the detention basin in a proper and workmanlike manner. For and in consideration of TEN ($10.00) DOLLARS and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor, the County School Board of Albemarle County, Virginia, GRANTS and CONVEYS to the County of Albemarle, Grantee, its successors and assigns, a permanent drainage easement containing approximately 23,689 square feet as shown on the Plat. Reference is made to the Plat for the location of the drainage easement. The drainage easement is on property acquired by the county School Board of Albemarle County, Virginia described herein. The County of Albemarle shall use the drainage easement for a detention basin for the benefit of property of the County of Albemarle, Virginia described herein. At such time as the property of the County of Albemarle, Virginia, described herein is developed and requires use of the detention basin for drainage purposes, the County of Albemarle, Virginia, its successors and assigns, agree to pay one-half of the maintenance and repair costs of the detention basin. WITNESS the following signatures and seals. COUNTY OF ALBEMARLE, VIRGINIA BY ~cL~ ~C~ . Ii . COUNTY SCHOOL BOARD OF ALBEMARLE COUNTY, VIRGINIA BY STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoing Easement was acknowledged before me this 1'7~~ day of May, 1991, by JMde r'I<.-k:. /2. /:'OJJei..- , ~ i{) (lei Notary Publ ic My Commission Expires: E>,::~\~:",~.~(? ;"';,:\'/ ,'~~). 1.~.}~.~t>'t STATE OF VIRGINIA COUNTY OF ALBEMARLE The foregoing Easement was acknowledged before me this day of , 1991, by Notary Publ ic My Commission Expires: ,-' .. D1STRlBUTED TO BOARD ^\!:MBERl:; 9Na"~""--~....._ 1'.' 1'lI(IM ", '1"1 ~'" COUNTY OF ALBEMARLE .) ~\.J T \' () F /~I L :.~. C_ :\J~ /\ =; \ I: MEMORANDUM r:~.l'~:;:' GoO" ~~ ";I.~:-':~ ,-',::;~ . ~ I -. ~-_......... '~"'- . I 'I . ).... -..~ I'! . ~, '_, t I '. M'Y ..( r~l . d .;", 1.,,\ J.'~~ .,';' , I II "\ i,ll . .' '-.. . , f i . L -?~-'l"- "-""'--'1'/ I i . \..l L....::: :.:::'::J L:;::! l: U ~:'!, '..1 ) ,. ........ Cle"",1r> r-, C,t. :-,' i". f~ r~'\: .....:-. ;:.C ~,~. >-"# r ~ ,,--t _ .... ( \ '", . ~') t i \...) TO: FROM: DATE: RE: Lettie E. Neher, ~~~7d. ~f Supervisors Jo /V(~/I~ Jo Higgins, Capital P&6jects Coordinator May 10, 1991 Agnor-Hurt Elementary School This is to request the attached easement be approved, executed by the Board of Supervisors, and notarized. Description: TMP 45-94 is the 5.433 acre parcel retained by Albemarle County adjacent to the new school site. The detention facility to be constructed in conjunction with the school project which straddles the property line has been designed with consideration for the future development of the County's parcel. Purpose: This easement grants and conveys to the County School Board a drainage easement on the 5.433 acre County parcel. At the sametime, it grants and conveys to the County a drainage easement on the school's parcel 45-95A. Cost: The cost to construct the detention basin is included in the school construction contract price. This easement document also provides for the County to assume one-half of the maintenance and repair cost in the event the County's parcel is developed and requires the use of this detention basin. Please return the executed document to me for submission to the County School Board. Your attention is appreciated. JH/vlh Attachment COUNTY OF ALBEMARLE OFFICE OF BOARD OF SUPERVISORS 401 MciNTIRE ROAD CHARLOTTESVILLE, VIRGINIA 22901-4596 M E M 0 RAN DUM TO: Board of Supervisors FROM: Lettie E. Neher, Clerk DATE: May 10, 1991 SUBJECT: Reading List for May 15, 1991 Marr'h 13, 1991 PagQa 2h (j19) - End - Mr. March 18 . 1991 - P:lgcs 9 cnd Mr. I>erkin!:: , -March 20 (A) , l~gl - All IVlr . Way Bowie 47/d 1// cI ~/ #/;"cI ~/dv'~d LEN:ec . .,._-, ~,'-' '.17 N-~ / ,1 \ ( i\ i ' : , i, " "\ ~ J ~ t , 1 'II ~ ~ . . ~1.\Ui . > J \, I ...J ~ II' ;'-~cJ, 6? Edward H Baln,.Jr Salllu('1 Miller COUNTY OF ALBEMARLE Office of Board of Supervisors 401 McIntire Road Charlottesville, Virginia 229014596 (804) 296-5843 FAX (804) 979- 1281 May 20, 1991 Charloftt:' Y Humphns lack ,jOUI't1 David P Bowerman Charlottesville Walter F Perkins Whlll:' H<'lll F R (Rick) BOWie Rivdnna Peter T Way Scottsvllle Mr. Calvin V. Moyer 314 Brentwood Road Charlottesville, VA 22901 Dear Mr. Moyer: At the Board of Supervisors meeting held on May 15, 1991, you were appointed to GTE-GIS Road Naming Committee. This committee has been appointed to help assist the consultants working on the naming of roads for implementation of the E-911 system in the County. There is n~ term set for this appointment. On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for your willingness to serve the,County in this capacity. Sincerely, F. R. Bowie Chairman FRB:len cc: V. Wayne Cilimberg COUNTY OF ALBEMARLE Office of County Executive 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5841 May 15,1991 Ms. Julie Vosmick Virginia Dept. of Historic Resources 221 Governor Street Richmond VA 23219 RE: Grant Application Dear Julie: Attached is a grant application for the Carter's Bridge Rural Historic District Preliminary Study. Please note that the application has not been signed due to action necessary by the Albemarle County Board of Supervisors this evening. We anticipate their approval for matching funds tonight and will transmit a signed application form to you on May 16, 1991. Should you have any questions, please feel free to contact me. Sincerely, Robert W. Tucker, Jr. County Executive '. A 7~Q r' COUNTY OF ALBEMARLE Office of County Executive Department of Historic Resources 221 Governor Street Richmond, Virginia 23219 Attention: Julie Vosmik Enclosed is form with Mr. Tucker's signature. Gay Sharp Executive Secretary 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5841 ~ COUNTY OF ALBEMARLE Office of County Executive 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5841 FAX (804) 979-1281 ! - / /;/V q . V. \ 7 . +_ 2/ llJ /\/ k ~ ~ rvV \ / Department of Historic Resources 221 Governor Street Richmond, Virginia 23219 Attention: June Ellis Attached is signed form by Mr. Tucker. We are mailing copy with signature today. Gaynell Sharp Executive Secretary i VIRGINIA DEPARTMENT OF HISTORIC RESOURCES FY1992 STATE SURVEY AND PLANNING GRANT F1JND APPLICATION FOR FINANCIAL ASSISTANCE Submit one original and five copies of this application. 1. NAME OF LOCALITY: County of Albemarle 2. LOCATION (County or City): County 3. CONGRESSIONAL DISTRICT: 7th 4. NAME AND ADDRESS OF APPLICANT: Robert W. Tucker, Jr., County E~ecutive 401 McIntire Road, Charlottesville, Virginiat 22901-4596 Telephone Number: (804) 296-5823 5. NAME, ADDRESS AND TITLE (if appropriate) of project contact, if different from above: Mary Joy Scala, Senior Planner Telephone Number: (804) 296-5823 6. CERTIF1CA TION: I certify that the information in this application is accurate to the best of my knowledge, and that I am authorized to make this application. I agree to abide by all the terms and conditions set forth in this application and accompanying instructions, if selected for rmancial assistance. 15/91 Date Robert W_ 'T'1If'kpr, Tr Name (print) I VIRGINIA DEPARTMENT OF HISTORIC RESOURCES FY1992 STATE SURVEY AND PLANNING GRANT FUND APPLICA TION FOR FINANCIAL ASSISTANCE Submit one original and five copies of this application. 1. NAME OF LOCALITY: County of Albemarle 2. LOCATION (County or CUy): County 3. CONGRESSIONAL DISTRICT: 7th 4. NAME AND ADDRESS OF APPLICANT: Robert W. Tucker, Jr., County Executive 401 McIntire Road, Charlottesville, Virginia, 22901-4596 Telephone Number: (804) 296-5823 s. NAME, ADDRESS AND TITLE (if appropriate) of project contact, if different from above: Mary Joy Scala, Senior Planner Telephone Number: (804) 296-5823 6. CERTIFICATION: I certify that the information in this application is accurate to the best of my knowledge, and that I am authorized to make this application. I agree to abide by all the terms and conditions set forth in this application and accompanying instructions, if selected for rmancial assistance. Name (print) Signature 05/15/9] Date Robert W_ 'I'lIl'kp1" T1" - 7. TIIREAT TO THE RESOURCE: Please identify the threat to the area and describe the nature of the threat, its severity and immediacy, and the effect of not meeting the threat: SEE ATTACHED. 8. PROJECT DESIGN: Please describe the project according to the suggestions in the instructions (use additional pages if necessary) : SEE ATTACHED. . , , 9. DESCRIPTION OF AREA: Provide a description here of the area or areas to be surveyed, considered for protection by a local ordinance, or recognized by a preservation plan or preservation component of a comprehensive plan and ATTACH A MAP showing those areas. The requested map is attached to this application. (Check the blank and make certain that the map is attached. x SEE ATTACHED FOR DESCRIPTION OF AREA. 10. PROJECT BUDGET: Please provide cost estimates for your project. If the project is logically divided into various sections or phases, provide cost estimates for each section or phase. In all cases provide line item detail. SEE ATTACHED. What is the basis for your cost estimate? (Indicate name and profession of persons or f1l'DJS providing assistance with preparation of cost estimates.) SEE ATTACHED. ,. . 11. PROJECT TIME SCHEDULE: PI~e provide a proposed schedule for the comple~:on 9f project ..~cdt, ass!.!I!ling that fw::!S are available beginning July 1, 1991 for a project extending through June 1, 1992. (Attach a separate page if preferred): 07/91 - 10/91 10/91 03/92 Historic Resource inventory ~~gR~~fitand preparation of Historic Resource inventory 03/92 - 05/92 07/91 - 06/92 PIF preparation Historic Context / Scenic Roads 12. GRANT REQUEST: Identify total project cost, amount requested with this application, and matching share (dollar for dollar matching share is required) : Total Project Budget $ $16,000 REOUESTED STATE GRANT $ 8tOOO Matching Share (use as many lines $ 8.000 as needed) $ Sources of matching share (Identify the sources of the amounts of matching share identified above): County of Albemarle: $1.000 cash: $2.400 administration and ~'pr;(,A' ~l1ppr\'rj-' $2,600 staff time. Piedmont Environmental Council: $2,000 cash. 13. GRANTS MANAGEMENT: Please list any State or Federal grants managed by the project contact during the last two years. Were those grants projects successfully completed to the satisfaction of the grantor agency? ~one _ Yes, the grant projects were successfully completed. 14. ADDITIONAL COM:MENTS: Please use this space and/or additional pages to add information that you would like for us to know about this project. Please see the attached letter from Monticello and the two maps which follow: Map 13: REgistered Historic Properties in Albemarle County and Critical Environmental Areas and Coles Family in Albemarle County map. 7. THREAT TO THE RESOURCE: The Critical Environmental Areas report prepared by the Division of State Planning and Community Affairs (1972) designates the North Garden-Esmont-Keene area of Albemarle County (site lOG) as a "critical environmental area [which] includes certain natural, scenic or historic areas which are presently endangered, or in obvious danger of destruction, alteration or loss because of activities of man", including "existing or potential urbanization." Many important historic properties in this area of Albemarle will or have recently changed ownership. Recognition of the historic importance of this area must be heightened among present and future landowners in the area and among those affecting planning decisions for the area. The Comprehensive Plan for Albemarle County states in regard to its recommendation to pursue non-regulatory strategies for historic preservation: "Non-regulatory measures assist in the preservation effort by drawing attention to historic resources and creating public pressure to maintain the resources." "As historic awareness increases," the Plan continues, "the public may become more accepting of regulatory measures." (p. 97) The major threat to Monticello's viewshed created by the Forestry Department's proposed development last year and a proposed subdivision on the west slope of Carter's Mountain at or near the ridge line serve as examples that unprotected and unrecognized resources in this area can be unexpectedly threatened with imminent danger. 8. PROJECT DESIGN: The project proposes to: (I) create an historic and archeological resource inventory; (2) prepare a PIF for a potentially eligible rural historic district within the study area; (3) map sites potentially eligible for historic register nomination; (4) pursue feasibility of Scenic Byway designation (which includes consideration of an area's historical signi- ficance) for the two roads within the study area designated in the Virginia Outdoor Plan. Pursuit of local and state designations for scenic highways is one of the Albemarle County Comprehensive Plan's strategies to protect scenic resources (p. 87); 8. PROJECT DESIGN: (con't) (5) create a reference document for use by the Historic Preservation Committee whose appointment the Comprehensive Plan lists as an item on its action agenda. That Committee will be charged with "devising a preservation plan for the County, as well as the preliminary task of gathering and maintaining information" (p. 104). The Comprehensive Plan directs that the Committee's preservation plan include "further study of and recommendation regarding the following options: National Register of Historic District. . . and the Local Register for Sites of Local Importance:' The purpose of this project is to implement the Albemarle County's Comprehensive Plan's objective with respect to historic resources: Conserve the County's historical and cultural resources, including historic sites, structures and landscape featu res; archeolog ical sites; and other unique man-made features." (p. 90; see also attached Objective and strategies Summary, p. 104 CP) In addition, Albemarle's proposed Open Space Plan includes the following specific recommendation: Continue to pursue a National Register Historic District designation for the Southwest Mountain area. Initiate studies similar to the Southwest Mountain Study in other areas, possibly in the vicinity of Monticello, Keene, Greenwood, or North Garden. The project will comprise a preliminary study of the Carter's Bridge-Esmont area modelled on the initial stages of the Piedmont Environmental Council's 1987 study of the Southwest Mountains area named in the Comprehensive Plan as "a useful prototype for similar historic studies in other parts of the County. " The area, rich in historic associations such as its legacy of ownership by King Carter and his descendents, John Coles and his descendents, and Thomas Jefferson and his family, is named in the Critical Environmental Areas report as "worthy of protection by state or local government." The area's historic roads provide concentrations of historic sites as well as historic context. The presence of the Hardware River suggests possible archeological sites of interest. A 1985 study by the University of Virginia Depart- ment of Anthropology, The Archaeolegy of Albemarle County, identifies the best indicator of archaeological sites in Albemarle as distance to major (Rank 4) drainage. The impor- 8. PROJECT DESIGN: (con1t) tance of Monticello and Ashlawn to the County's tourism industry emphasizes the need for the County to protect this area. 9. DESCRIPTION OF AREA The following are tentative boundaries for the study area. Jeff O'Dell of VDHR has indicated that he will review these boundaries next week. Description: On the north, the Rivanna River and the urban area growth area boundary and along 1-64; On the west, Route 20 South to the north fork of the Hardware River, westerly along the north fork to Route 29, then south to Route 692, east along Route 692/712 to Route 719, south on Route 719 to Esmont; On the south, Route 6 to Scottsville; On the east, north from Scottsville on Route 795 to Simeon, then north on Route 732 to the Rivanna River. 10. PROJECT BUDGET: Total Project Budget: $16,000. VDHR Grant: $ 8,000. Albemarle County: $ 8,000. Contribution by Albemarle County: $1,000. cash $2,000. cash donation by PEC $2,400. Administration and Clerical Support $2,600. Staff Time $8,000. TOTAL Sections of Project: Synthesis and compilation of VDHR data to create historic resource inventory: $3,500. Compilation of historic context from existing published and archival material available in County Planning Department: $1,000. '.. 10. PROJECT BUDGET: (con't) Preparation of Preliminary Information Form: $3,500. Administration of Grant, Clerical support, and preparation of inventory document: $2,400. Mapping of eligible historic sites and historic roads in area, work toward state designation of Virginia Byway for Routes 53 and 712, presentation of findings to Historic Preservation Committee: $2,600. Persons who have provided assistance in preparation of cost estimate: David Benish, Chief of Community Development Division, Department of Planning and Community Development, County of Albemarle. Genieve Keller, Land and Community Associates. C. Timothy Lindstrom and Sherry Buttrick, Charlottesville Office, Piedmont Environmental Council. B. Com~hensive Plan for Albemarle County . Promote voluntary techniques such as con- servation easements which serve to protect historic settings. OBJECTIVE: Conserve the County's historical and cultural resources, Including historic sites, structures and landscape features; archaeological sites; and other unique man-made features. . Promote public education by making availa- ble information regarding tax incentives and designation procedures. . Seek citizen participation in County studies and other preservation activities. STRATEGIES: . Establish an historic preservation com- mittee to devise a preservation plan for the County, encourage community interest, ad- vise property owners, gather and maintain information, and promote voluntary meas- ures. . Encourage and assist the owners of poten- tially eligible sites to pursue a Virginia land- mark or National Register designation. . Include sites which are potentially eligible for designation as a Virginia Historic land- mark In a County resource map of historic landmarks. . Devise a preservation plan for the County. The Plan shall include further study of and recommendation regarding the following options: . Gather and maintain a local inventory and current Information on historic sites, struc- tures, and landscape features, archaeologi- cal sites; and other unique man-made features. - National Register Historic District - Local Historic Overlay District - Local Historic District Ordinance - Local Register For Sites Of Locallmpor- tance. 114 "1. L)E~r.2.1 p r I ON at- f1t<c ft Map 2: Albemarle County I 41 I COUNTY LOCATION '*"~c 0 II " r -.' --.. "-. 5V' . U.lU o 'f , . :--F--, J , ,.-;- Albemarle County, Virginia Prepared by the Department of Planning and Community Development dum Monticello The Home of Thomas Jefferson P.O. Box 316 Charlottesville, Virginia 22902 May 14, 1991 Ms. Julie L. Vosmik Survey and Register Programs Manager Department of Historic Resources 221 Governor Street Richmond, VA 23219 Dear Julie, The Thomas Jefferson Memorial Foundation, which owns and operates Monticello, is pleased that the Planning Department of the County of Albemarle is proposing a feasibility study for a possible rural historic district stretching from Monticello south to Carter's Bridge. We offer our firm endorsement of the project. Sincerely yours, =Q:d~ Executive Director DPJ:bb Thomas Jefferson Memorial Foundation, Inc. Map 13: Registered Historic Properties in Albemarle County 5V' . . Virginia landmark Register @ National Register Of Historic Places . National Historic landmark stAU .' I I ) .. OI1"n ~~-- o I I J , S .. IULOo\UIU Albemarle County, Virginia 'Prepared by the Department 01 Planning and C,?m.munlly Development 95 prepared by Critical Environmental Areas Division of State Planning ~ Community Affairs CENTRAL VIRGINIA REGION Critical Environmental Areas Numbered by Planning Districts I" ----- SCALE IN MILES 10 20 >0 00 from ~ Virginia Family and Its Plantation Houses. ".' ,>,GPI..E;S,f,^MIlX INA~BEMARLE COUNTY !',~::~i';I;:)~Ji::~;~~~H??':',:'m'::-::':.":"::I"l,'-:~' , ",' ,,-,. (D) 1863: 11,500 acr~s, greatest ~xt~nt of contiguous land holdings by descendants of John Coles II in Albemarle. , ~~ ::,-.:,\~nl?\:'i,,>;. . 1)'7 L~ ' .~, : l\,~ f 1'1 l:I1 :11 ~j \.1 !~j ~t1 ~i ~; :..\ it', :~il\ .~ , .. ~< S ~.f ~)t, t~1 ; 5'~ !.J\ ~, ~t, :r '/ ';, ~ I . ----\, , ;' i J " ,.' ':' ,., I ",' MOTION: Mr. Bain SECOND: Mrs. Humphris MEETING DATE: May 15, 1991 CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the Albemarle County Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Messrs. Bain, Bowerman, Bowie, Mrs. Humphris, Mr. Perkins and Mr. Way. NAYS: None. ABSENT DURING VOTE: None. ABSENT DURING MEETING: None. * * * * * I, Lettie E. Neher, do hereby certify that the foregoing writing constitutes a true, correct copy of a resolution unanimously adopted by the Board of Supervisors of Albemarle County, Virginia, at a regular meeting held on May 15, 1991. ->(~.-;;N~ c~~'~~ard of c~y supe~isors General Services Administration 401 West Peachtree Street Atlanta, GA 30365 \ May 29, 1991 'COUNTY OF ALBEMARLE. Mr. Ray B. Jones Deputy County Executive Albemarle County 401 McIntire Road Charlottesville, VA 22901-4596 , ;0:0 EXECUTIVE OfFIC6: Re: GSA Control No.: GSA Contract No.: 4-U-VA-684 GS-04-D-91-CB-E-0035 Dear Mr. Jones: This letter is in reference to your offer to purchase the property known as the Bucks Elbow RMLR Site, Albemarle County, Virginia. Your offer of $7,500 for the above property is hereby accepted by the General Services Administration and the referenced contract number is assigned. We signed paragraph 5 of the Offer to Purchase on May 29, 1991, and enclosed it for your information. Please arrange final payment in the amount of $6,750 in certified funds within 30 days. This amount plus your earnest money deposit of $750 will complete full payment. We requested our Regional Counsel to prepare a draft Government's conveyance document for review and acceptance by Mr. George St. John, County Attorney. Upon acceptance of this document and our receipt of final payment, we will execute the deed and forward it to you. Should you need additional information, please call Mr. Ernest Cooper at (404) 331-2368. Sincerely, '-?~~ ;) Patricia E.~y Director Office of Real Estate Sales Enclosure J ,5 . 1 ,7.- 9 1 CJ 7 ~) 5 AM i 1\ e a I 1'. s tat e ~; a I e s F03 "Cl\SII rV\LE" ----.-.-- Of tEn 1U rUntllMm nr.^,.. r.:ir^n: /\tv ^CCtM'^fk.:E 1. ~!~JJ!.~rtn~~t ty. .It,,, Countv of ^lbefMrle (",""rdl"I'H'H:"), h~rl!by H~ I ty ;-'1.;i;.; t;; ';'Ct"itiry;- (7,"t'ifi; I fin I,.,ii,' '(in i-II VI (lit;; 1 r oH~t~ to ~'lcd\l't.'1t1? fro" t:h" 11nl t:,,1 lHf1I fVI or ^'"'!t len, ,1ct 1"1 hy .111d through thl? ""l,"(I1I~'~r.'~f)r or (~II'!t'l\l ~t'lk~1 1";~lll!t'''), th" ~Url"l"R ptor..~tty f 0 tm'1 r 1 y Imown M nucttn F:Jbow ftI1f.n ~lte -(liMP. orfiop;rtyj- .23 --'- ' 4-U-V^-6M , (<iJ^"cOiitr:oL No. r con- II bit; i "'1 ,., r: II ll'trn ltM t""l y net,.. '"' ""11 "n" I~, lo.i,~t'! I,," b1Rls, .:ILL all 100ft! fY1t.tlc1.lll1rly ,J'!~tl~J I" ~h" "U,1r:II",J r]1!1J(:tlpt:fr.m (F.:ldllhlt M. l'hl!t dOf..,,,,,,ItlIlt: ,,,1 th r.xhlbl ~~ ^ - ~, ..t",ll l~ r:"r~tr~1 to hnl!lm,ftqr AS till! "Offer to r:-,Jrr:'h.'r1~". 2. ~trn..q IJf l'\JtchntJ'! nld Self! . -- I '17"-- 2. l. F'lJtctUJ!lf! rt!co. lh" totl1l ~'t l:""~~ Pt froft [en tl"l pt'nMc ly I ~ Seven thousand five hundred -----..--.-- Dol !at! ($_7500. ) prtynhl n. .,~ rollowl" Seven hundred f~fty 00ll3r. ($750. fAnl Hrd M IH1 ....Httttlll: morlf!Y deof'Oltl t; In ttll! (om ,,( 1'1 c'!r.I:f[I~ chqr:;l<, c,,~"I"t'~ ch@ck, nr r:.,gt"L monl?}' order. Six thousand seven hundr~9 fifty Dollars (5 6750. ) urnn C'1"~I'l'f pIJr~Ur1t1t: to g"l~p.ctl"n 2.~.1. '-.". 'r I U II! ():)t.."\Jnw.!t1 t!J . Ur'O" nee,."I:",,(:,., of tll'! Or.r~r. to f'\,r dl.,!';o. cnnv~y_ ...lIe'! or thf!! ~ll@t'~ Ih~l!tP-r,1: ~h.,lL l~ rMfl~ hy O\l'tcl~lm ~t'd, l't."vldlrq ttlt! CollowtIYJI L2.L. 1"'~ tlU@ to tilt' pr(1~t'y will l)lI! co"v~y~J ~IJ"JAct to -'11 Ih. ~ '(, q f I'? [U) ~, AI'vl I 1< (: a I I'. s tat e ~.:; a I F: ,:. P04 ~~8emon~s, conditiohS nnd restrictiona ot record on ~he date ot PurC'h('lBp.r:'~ P.)(l!cut:!on nf the otter: 1:0 Purcha~e. 2.2.2. (\Jreh88@r may iM~t soch ab8t:r8cts of title or o~her title ~pet8, msps Ot plats, a. are in seller', CU&tody coverirq the ~operty, but Seller \.fill not be obligated to furnish 8ny contllluat:ions, later tit:1e r~p::ltt9, or title it\1Urllnc8, or to pay any t:it18 expenses, escrow f~8, or other chargas pl!rtainlhg to ~hiB transaction, 2.2.3. From the date of receipt by Seller of this Offer to Pur- chase, Sttller shall not cu!ate, nor Permi t to be c[~ated, any lien, encumbr:anc~, rest:rJe~lon or e8s~ent, ~8inst the property of llt1Y type Ot kiM, @XCl!pt: "8 may be approved by PurCM!Ufl'. 2.3. h:ceptanee. 1his Ofter to Purchase shall be fhm ard continui~ for a period of ninety (90) dAYS from the date of its rl!C@ipt by S4lle[ in aexordarlC8 wi th P'1rngrnti1 5 at G9^ Foan 20H (Exhibit: B). To accept the Ofler to Purchase, Seller shall executa Seetion ! ot this docunent enti tied "ACc8pteMc. at t:hf! Un! te1 states CoVf!t'nnent", llnd rl!tutn one rJt: irl lna1 of the ~xeC'\Jted !;onttact to t:~ PUreh8ge~. This receipt by Purcheaer of the ex@cuted contract shall const:! tut:e "Notice of Ikcp.ptance". 2.3.1. rf' thh off.r itJ wltldr:r....n by P\Jt:cMger befote expiration of the nin@ty (90) dAY period or luch longer period a9 may be ITUtuelly 8gr~ ufXJn dur 1"1 which it: I:Bnains a contiooirq oHef:, and prior to Not ice of Accf!Ptancf!, the earnest money deposited by Purchaser may, at Se11~t'a oPtion, be r:etain~ by s.aller .19 liquidlltll!d cJ~l!ge~, ill '",hi!;h event: IJ 5 . ,1 7. '9 1 CJ 7 l-) 5 AM * Rea I Est ate S a I e s P lJ C:=l PUl'chaget' shall ~ tPliqv@d df all furtllftt liability t:o Seller: . 2.3.2. It Sftller does not ~ccept this Offer to Purchase within ninety (901 days of teceipt by Sel18r, or such longer p@ried 88 /MY be IT1.JtuI1UY &:It'@'@d up,n, the fMtMSt: money deposit 8hs11 be Pt~~tly t@turned to Purch~set wilhout interest at'd wi thout furt:h@r liabU i ty on the part of ei ther party to the other. 2.4. Closirg. Within s rN80nable period of tim8 and not: later than 30 day! from Purchaser's rP.celpt of the Notice of Acceptance, clol!tirq of the transection contl!nplated hereby 8h811 btt ht!ld in the Office of Real ~tate sa19~, Gen8rsl S.rvices ~inistrBtion, 2.4.2. Atlant:s, Georgia. At the clOIl it131 2.~.1. Purchsser 8hall telrl9t' t:o Seller a payment in the /!mount of Six thousand seven hundred fifOo11ar9 (96750 ). Upon approval of the,deed and . , slgnature of the Chalrman of the Board of Supcrvlsors. Sftller 1~11 deliVer to Putchft~~r the ~J which shall have been duly elCecutoo ard I~th.nt:ic.ted by lIut:hor:i!td ollicfnls f')( S8UtU' Clnd buyer. J. Condi tiO"s. 3.1. rnA rOtln 2041, uGeneull Term!! ^ppl iceble to Negotiet8d Sales" (except (or 8u~ra9r9ph 11((1)-(4) 8t@ incotpotated into this O!fet ~o Purc~se. t~ver, tenns a~J condltlona Set forth within the body of thh Offer: to Purch,H1e take pr.fltCedenc:e .,nd C'on~rol over s itnllar or conn ict:lrq provi ~ 101\.9 of (~^ Form 20-11. 3.2. The nondiscriminAtion Coven~nt (Exhibit Cl ~h811 ~ in~orporat~ J ~). 7. 9 II r? r:.:) t=) AM . Rea I Est ate S a I e s PCl6 in the larqu~e ot the Deed. 3.). If t:his Offer to P\Jrchaae is acc~p~ed by the S4?ller ~ndl (1) Seller faUs for any reason to perfotm its Obligations as set forth herein, or, (2) T1 tift dO@! not traM fer or vest in the PurchAser lor: any t@8son, although Purchaser is r@~dy, willing, 8nd able to close, Seller sh.!ll PtCJ'nptly refund to Purch~ulf!r ~1l nnount! of money PutchAAnt h8s ~irl without: intp.re~t wher.euenn S811er shall have no further Uabil 1 t:y to I\.LrchAaer. 3.4 (In the 4vent thb fom is \IA~J u the Ofhr to Purchase, please inltle1 And insert the d8te ~~td8 each Avigation Clause which does not apply (3.4.1. - 3.4.3.). The absence of initiale b@aide each of theSe claUJJ"1 will 00 intetptlttld tt\8t: the par ticuhr clause applies and will be lncorporatfd in th@ lanQuage of the df!@d. , Avigat:ton. 3.4.1. S@l1er [@Serves unto itnelt, It I sUCcelaors, and assigns, lor th@ U8e nnd benefit of the public, I right of fiiCJht tor the PM9age of "ireraft: in the ainp8C1!! "/A ~bove th@ sur18ce of the telll property hf!cein describ!d together with U1E! right to CaliRI! in said airliplce SlX:h noise as M8y be inherent in the opp'r~tlon of airCt8!t, now !mown Ot' hereafter: u~~J for navi9/ttion of or n iqht in the s~Jd ait8~'ce: for U~e of said aits~ce for landing on, taking ot! from, nr op@r~ting on the airport. J. 4.2. Based on coordination oot~n th8 ~neral Services Mminh- JV;'A e,.elon .nd eho Fed.,ol ^vlaelon ~lnl.t'atton (FaA) a. J ,~~1 . l '7. g (I '? 1=) r=) A M I. 1< e a I 1 ~ :; tat e S a I t':' S F (J '7 reecmnended in "OURa Rftpor:t N~r 95-1053, entH:led ''FAA D!terminat ion of 'Ho fl3U1rd' for Structure~ ~JeAr 1\irpot't8," it hS8 ~n d@tetmined that tM only PJblic ai r~rt wi thin II ix nautieal d t mil~s ot thh proper: t:y is th~ AliA . al rp'rt. FM ha! ~n appr!lled of the pto~sed disp:>sal of the property, ~nd thst the Oovernm@nt'l conveyanC8 dOCU't1ent: will contain" provl"ion that the qtl\nt~, ita SUCcessors ,,~ aBB 19n8 ."x! tV'H)' auc:c~ulI'or 1n intertUlt to the ptoperty ~rein deftCrlb@d, or any put: theraof, must prohibit IIny conRtruction or 81 terlltion on the propltrty unless" det@trniMtion of no t\8!8td to air navigat:.lon is i!!Isu@d by tM in <<'Iccordsncl! wi th 14 ~ ~t't 17, "Objects 1\lfect:lrY:} NaviQable 1\ir!~~," or ta1der the ~uthority of th8,F@d@tal ^vlstion 1\ct ot 1959, aa ~nd~. ).4.). Purchaser expressly agr~ tor itself, it l~ceBsorR, snd N/A 88919"S, to pt@vent nl~ use ot the herftin described real prop@rty which WQuld lnterfere with or ~versely affect operation or maiht~"anc@ of th~ Airport, Ot otherwi8~ con" t 1 tUt8 IIn 81 rret t: hAta rd. 3.5. Excess Ptoflts Clause. th~ BxcesB rtoflt:s Claus. (Exhibit 0) is itx:orpor8taJ into thIs OfC~[ to Purchas8 arrl shall be i rcoq:x>rat:@Ci in the laMgunge ot tho De~.J. 3.6. ~solut1on. 1tlera shiUl 00 attached to the Offer to Purchase ~ tetrolution th8t will shOot th~ offieLd chfttlJcter I!ru authority of t:he 8~uhlt:lon t.1uthor i ty of tt~ t\.lrchltser, and th~ <:lppt:oval IJ5. -I. 7. q (I '1 r~) l-l A Nt I 't f,' S a I e s t 1\ e c1 I '.~, _ il P r] 8 fot", fUrxJIMQ (or the ~nt of th'! ~rctl"88 price. Each resolution ~h31l b-J duly cert:ltl~ undl'tt' tl"! COtpOr:8tg P1@sl of tilt! f\Jrcha~et:" to 00 .. tru4 COpy (E:)(hlblt E). J.7. Inspection. n,a Purch~sf!r 19 'JtQf?d, lnvltnd, "nd W,lItned to inspect: tl\f! ptrf'"rt:y phynlcl'll1y "'" 1:.', r:"".lItlr:m, ct.!nct"lpt:lon, '1l'.,llty, fl\JAntlty, ~r1d exact loc3tlon prlot:" to 8ubnlttlt~ an off'!t'. In no C']S4 will fl!lllure to lf1~~ct coMt.ltute QttlUnds for IJ claim Or for wlt:hdt'8wltl of the ()f(@t' 1;0 rurdlnM lifter It! tendel:''!d. J.8. Il!scrlption! _ TIle d@scrlptlona ot the P~rl:.y ~t forth In tJl@ Offet' to Pureh3se and any other Inf~trMtiOt1 ptovltJed t.hereln with re!pect to s81d are ba8ed on Lnfott1\,uou available to the (;s(\ sales office and IIt9 b-.lleved to be correct, but any 8rror or omlsslo", includioq wt not limited to the anlsslon of any information available to the , custody over the Pt"q)erty and/or any other Federal a~n~, Shall not con~t I tuta Qround or t@IIPJOO rot" nOnp@r(onnan~ of t:he contt"~c~ of the ~JrchaSf! prtc~. J. 9. (lhclude only If "ppllc,'hl,,) If "ppllCIlblf! thl9 lanqu:J!J~ shall ba Inclu~ In the lanQU8Q'f of t~ d~d. Illatorlc Preservation_ n'9 'VIA prq'lerty '" located Within the t>~lI1d.r1e~ of the nl~tdct.nl~ Put'ch~~~r "Qr~"q to obt"l" I'Ipprov~l 1')( I:.hl? (State lJal", "1:' cl"lm by Putch"~~r (or ,'ll~l'Ihcq, refu/1(J, m- (~ductton ft'?1l Hlst.ode Pt'eservatian Of f leer "t.' It9 gllCce~sors In Int.9rest prlot' to ""y d9\J'1! l~nt: of Ulf! ~ I t'!_ ] -5 . 'I, 7. 9 1 rl 7 : r=l r::l /\.1\11 r Rea Estate c;ales P [J 9 3.10. ([Ilelude ooly If appliCetble) If "PPl!c~bl", this clause shall be lncot"porltted In tm lllnquAf,i1l! of the d~d. flooding. The prop!rty lles in the lOO-Y~~r floaUpl~ln or th8 I\f~~ nle Putch'..t .greee to c~,ly w\u, .11 redor.I, .tat., and local r~ I" t: lOf," pt!r t"l n lllq t.o 1 "IIld """ nnd <,"Vip l~nt o( ~rnp4'! tt I ~~ eUbJl!ct to floodiflQ. 111ft t\Jrc""'~H!r f\nd "'11 9ucceseo~ 9h~1l saVf! the S@l1EH,. MrmhHI9 in th~ Avent ot d&M~ to or loss of Ufe r,r ptcpm:ty r'!~lIlUt~ d I r"'r.t I y '1r Indl l'f!ctl Y fran O,nd I nq. J'S. '1.7. 9 1 CJ 7 r::) I] Alvl * Rea I Est ate S a I e s PiD 4. Author1 t:y to Purc.h.ae8. ^tt~ch@d l~ c1 ~rtlflf!d ~y of! thl! MMlutlo" ~ the Purchas.;!r authod- ri~ing putc~ of the pr~rty und~r the ~erm8 of this Offer to Purchase. ~ch~~@r County of Albemarle (legal N~ of City, StA~@, County, CammJAdlon, IndlvidualT 5/15/91 Date 5 ffZ IJ~UJl~ By. F. R. BOWi~ Chairman of Board ('1'0 m ,t~ Qffldlal to conlluc.:t QOV'8rninQ bcx:ty resolution.) th (;S,\ by County ^ ~a~)fx~lt D An Individual CJ ^ Plrtner!1hip [=:lln St:At8 of Virginia' WInrESS ~ . y? ~~~-~oard of County Supervisors fulL ~ (;~ In) eput~rk, Board M'County Supervisors '-] h I q 1_, ,J. '. (. 91 D7 55 AlVI * R e i1 I E:::,tate S a I e s F 1 1 ctRTlftU\TE OF N.11'lI0IU Z^Tt~ or roPCHASER [, Lettie E. Neher certify that 1 ~ thtt Clerk (S@cretaty or: othot of thf! Board 0 f Supervi sors oflici.!l Title) (City, stste, COunty, Catmlssion or Individualf MJmd CIS ~\Jt'cMaer h8t:ein1 t:h8t F. H. Bowie who! igned this Offer to Purchase on ~h8lf of t~ PurchaAP-r: ~8 ~l@n Chairman (Off icial Ti tie) t:ha t BI1 id OHr!r to Put:chefle wes dui Y r1lqned for ~Ild on bfthe1f of 9a id COlin ty of Albemarle by author 1 ty of 1 ts governing (CIty, St~te, County, cammi.aion Or lnd[vldual) body .!IOO tl~ plJrchll!H! is wi thin tM ~o~ SE,\L S. Acce~t:ance of Unlted States Oovert~ent. Th@ Albemarle County's Offet to (City';, State's, dounty's, eammlssion'm or: lr~lvidu81'~r Putch~s@, "'9 set: forth in t:h@ fotE!9oinq "OHer: to Putchasfl," Is hereby Ml:EP1'EO by arrl on behalf of U-.e Uni ted st:ftt... of Tnlerlca ~hi~ 29 day ot May r 19 91 BY TlfLE Enclosures (I) F;xhiblt: "A" - Description of Pro~rt:y (2) E:xhibit "e" - <iS1\ Form 2041 (3) E:xhfblt "C" - Nondiscrimination COV~tumt (4) Exhibit "0" - Excesd Profita Cl(\u~e (5) e~hibit "E" - nl!solut:lon O~).,l'7. 91 CJ 7 5:-:l AM * Rea I Est ~ t e S a I e s P12 ~XlltntT ^ 1l~SC'HPTI0N ()F' PROPI':R'rY "p,'rt:n ^~I) fUHltlfH" "r.nC",rT'nH I!I.U~ _".1 (It 1; i l c ^'J llt",- tttH~~ or I'ntr,fd or 'nIH' "Illt~l'!d I" th~ WhH.@ 'hill "ng'n'f?tlld "'n'tlr.:~ nr ^tht?mnt'", Co""ly, VirginiA fll1 ntl(,;kn'R F:lbow Hut"".,d" ",,,1 mot", rully f'''"~t 1"",1 "" '011""'", from n point; btdnS l'~ lh~ ""f!n'f?~'.'o" n{ ".l"tI"':I ron" '\tH1 "fiI, tJrlvp, ('toct'Po<l n)9 ~ 9' r. , 6 1 . ~ r, r (!@ l t 0 f) It t' 0 I " l , n " (" "0 I n t 1 I t" t "g l " e "0 I n t 0 ~ b(!qlu,d,,'}, th"n~~ U 40 lI' r.,l':.O (~,~ Ao .. l,,,ltll, t:.htl"c~ S 49 ~9' W, l0{1.0 fe~t. 10 " rolnt, 1I,,,,,c~ S 40 11' W, JOO.O (ee~ lo III point, f"",,("t'! ~ ~9( 4" r" 100.0 rf!nt. lo ft rolnt, thr.hG(? N ~Oo II' r. 0".0 r,."t. f.'b Th" '"ol'J,l or h,,'~1r,,1It19' (:onhdnlllfJ In nJl 0.1.3 IHHt"!~, fnnt" or I~n", te J' "UU' fl n tl' 0 n:'3 Jl r.l.u. ~ 1 y .~.._1.1 9 It ,l ,__~ c.. .w. ay. rtnm n \'nl"l, "r.""1 "t: "''S t1nrlltw""l",Jy c~t:'1(.t or tho nhove ,10I9r:, 111I'~,1 I,t"t ,'n'{~r.rfl N 40 11' J::, Hi,n (~,!t: tn " I"d,": flfd'lIJ the poInt "r "fOIJ ""dtH}' "1\(1 011 lit" ('I"!f" rr J In<, o.r n .~O ron~. w '(1(t t t9ht:- n "r.-wnV '''r'?IH:'' n J~' S9' r., 4'.'~ (~@t. lo " rolnl, r.onlnl,d,,':J .0'9 netrn, mnrf't or 1,,"". n r=1. . [. '7. q [1 '( : II r=1 AM ;t E e a Estatf~ :.~; a Ie:; P 1 ) ~l GENERAl. ft;nMs ^rrLlo^OLE ra NfiGOTIAtP" SALES (Surplus Rul Prop.ny) . OONDrTlON (}II Pt1ope~TY. Th, P'OO"'" 's Of''''''l1 '^, 1,- '''d "WIIl"'I I," ,;1"'Oul ,,,,,r"'.""1I0", w."."I,. O' QUIf''''r n 10 l1u."II',. UIIII" lillll. eh'r.el"', !;o"tjlllon, "'ll, 01 Irlnr:l. 0' ,,.,.1 HII' ,,,,. It 11'1 ~Ol'ldtlIO" 0' III '0 '" \Iud 101 Ih, pu,pon 101 /lfell 11'I1'l\d'd, ."d " " clllm It)/ '1'1. Ifl()wI"ct or Idue"OI'l uOOI'l 'uell groundS WIll bl CO",ld"'d. OUC~IPT10N' IN o,.,~~ to "U"~AU. Thl ljIUc,IO"O"' 0' ,".. !)'OpAr'r Ill' ,,,,'h In 'h, 011" I Pu,cllne I"d I"y 0''''''' ''''0,,,,"10" ll'o,ld'd IlItllllO -"II 'UD.el 10 U,d [!POP"'" II' blud 01'1 Inlo,mlllo" ,.,I,!)I, 10 'h. ~S AU'" 0 IIle' I"d ." b.nt'.d 10 b' ""'CI. bill In, ""0' 01 omlHlo", I"CludlIlQ buf no' IImll.tj I '"'' om,u'o" 01 '''' IIIIOf"'4110" IVII"bll 10 III" 101lnC, 1.'110 eu"ody e.., ",. 0'00.'" ,"dlo' I'" O'hll' 1"1111111 J,,"e,. "..,,, "0' r:O"~lIl11'.. 0'011"(1 01 '''''0" 'or '"OIl"Or",I"CI 01 ,,,' CO"I'lc' 01 "'''. or ell'm b, He"',,' 10' IUOWI...e., PllU"d. or ""dllellon I,om III. nCllne orle., INSP~CTION. Oll,ro', ,re ill.,I"d, \lIOAI1. 1"t1 C'uI'''"''d 'n 'I\HIlIe' " Droo."y '0 b. ~o'd pliO' '0 11Ibl'\'li'''"0 .n off.r. Ih, ,Ill" 01 '"y oll"ro, 10 in'o..c', QI 10 be IUlIy '1'I10,,,,81f '0 .h.. eO"dl"o" 01 III or In, [lor"O" 01 'II. l"I)tlIUI, , I." "d. w,lI nOI eOn U,lu' A 0' ou"dl I 0' In, ell"" 0' Imlnd 10' .tiluSlm,,,, 0' w,'Il("I...... 01 I" 01l1P "I.' il . be," lendlPld. tMlN(ST MONEY O"rO!IT. TPI' Off.r mu,1 be ICeOm('l'n",lj by." urnlt" mo"." IOOSII in III" .mnun' '''ou''.(I b, '"is 01"" 10 P'IPe!\lU IPIlII lorm 01 1 e""II.,,, e""clt. ~Uhi8r'l ~h"clr. 0' lHU'" ""'y 0' der (or tS 'J 'h" WI"~ O.o..t1"d 10' I" Ih,S ,,11 ", I .d" Ohlb'e 10 I"" o,l1flr 01 Ill' O"""r,' S.,r.,c", 1m''''"'IIIO". , lilurll '0 10 "rO..111 'UCII """'" "'''"''' 1001'1 1111'1 r."uir. ,,,,.,cllOl\ 01 .h. oil.." t}110" e.o'.nee 0' '/Ie nllAr fh" tj"1l01ll .hll' be IOrlli"r1 w.r" IIly"'''''I 01 'h., 011"'0'" "blllllllon '0 'II. ,.,'''<1'''n'. '" '"' "'"", IPllI 01"" ., ,,,,,,e'lI". 'h.. d""OIII II b' r"'U'"'d, w,lhoUI '"'"e,l. II O,omoll, II 1I01l,bl, Ill' 'e,lchO" 01 Ih. off 1'. ~ONl'INUINQ orru~. 'h" off., 'h'" b. "..,,,,,,tt 10 ". I 11,,,, 1,,(1 eo""""'''? II' from Ih. dlle 01 ,IICIIIOI ,,""I IceIO'"!1 0' '"I"el"tt '", OO'"rnm""'f orO."1"I1. how"..,. ,,,.. . I',r 90 dl" ., .taou" I,om I", t"" 01 ,lIe.loI. I"" O""'f)' "01 ""? '''e''.",d "O',ce 0' ,,,,lIcfto,, "'I, eO"'tdtr "'1 Ollll' "el'''. IlId il '", OO..""m""1 dll'''' '0 .ee,,,1 '"" f" lilli' 'UC" qO -rll, o""Od, ,", eO"II"1 ", I"" f',n, '''''''''0 ''',,' b.. obll'""d. NOTlC~ OF ACcE~T ANeE OR nEJI!CTION. NOlie. b, Ihe OO'II,"m.", 01 tCCllO'I"ce 0' '''jllello" I'" offer lilt" b. dU""d '0 hi" b"lIn lulllel'"lI, ." whln "t1eo'loh"d (I' mll"d '0 It... oll.,or II' 1111 " 'ulhorittd rllc."lIunllh.ll .. Ih, 'dd'lI" 'ndiclt'd In I 011." CONfRACT. ThU' 0""1'1' f'lrms Aoo"c.nlll '0 NIOOhll'rt SII"" , olhr, ,,,d nl4' ,ce""t'nCfIl Ih",,,o'. ~hlll CO","lul'l _" '''m,,"1 bllw...n liTe """0' ,"" '''' 00'.'''",'''''. Sue" 1t""',,"1 'h.1I 1;0","1'"" lI", w"O'" r.O"Ulel .n bll :clI"dllrt O"'y b, IMI I",m,. ''''''um.."'. 01 1""".", 'I" ,,.,,,,,11',., ;1\ wroltnq and ~'onlll1 b' bO'" o,rlll'. tJO ,I III111m""11 0' r.O'''S..n'Ulon, mid" by. 0' lor. or 0" tI",,~t' 01 '11"flr flirt, ,,.,.,, bit I Oil' 01 Cueh COI\1,I<<:I, Nor ~"'II 'h. OO"Ulel. 0' 'hr'I"'.,'I" '....,"'n. b. '''''''.'''d or 1~~'O",'r1 f1, 'h, 011.'0' without CO""'" Of fl>. 11(').., n....."', '"d '"r ""0""'_"1 "'nflctlon wlthoUI 'lIell eon~""l 111.11 b' .O'd. t. "HeIIlION. ,. III. eO"",el mlrt. b, '''11 ~eeIOl'''e. 01 III. Oil" tI, I'" 00'.''''''''"' ""I, bll "''''''''"f1ld 10 I". AIlOln', 011"11'"' 0' 'lit UI'I'I.rt '1111.,1 10' ",' Id.lel " 10 wll""., It''I ull WOuld 't"" '0 e'.... or ""'1"'"" I ,lIutllO" ,ncon"I'I"1 wilt! 'ht ,"ltt'"II '.w,. filII lee,o,,"e, 01 Ih, ,,1111, b, '", OO."rnm'l'" ",Iy bl! ruei"dtld b, ''', O"..r"""'"I. I" 1111 ...n' u"I..", .hl. I".ICI It 'lIe.I.,d Irorn III. AllO,"", 01""". t!. ^" .WIII,,,"O', ,1'1.....", r'JI It,,, CI'C'J"'llIhe"C ,,1 1"11 !!'''lIoC,d rttt&eH' "",II II" 'uh"""l1lj '0 fll. apD'OO"I" eo""",t".. t\f fh. 1:0"0"" b"c'uSt 01 tiS ""qOhllld r:II.,.~ IItr IlIrt Ih, "If", prnh."" N,I, "0' b, ,ce"ol'd b, 'hll ClO'"","I''' Ullll1 Ill.' !PI" CII0005ld dlsOOSlI htt been cO"~III.r'd b, tuell C"mml"',s, HOWlI'tr, in In, "'"1, It,. nn.."",,,..", ml' ,Uc;lnd III .ee'p"nc" " '1'1, 11m. 1111\'11/1".,,1 10 tt:e'D""Ct Inrt 1"'0' '0 con."""c,, II 11 is '"nn"'t\lr d.'I,m,,,,(f II, 'he OO''lrnmAn' Ihll sucll .eIlO" ,~ 1'"fI""" '" 'h' 110'" 01 ,,,,, ellr.um~""eu '"f1l" 0""111"0. r'. An, r.sell"OIl. ov',u."' In I or b, IbO,', w.1I be N""Olll "tb,I;', nIl 'hll o,rt of '"'' OO''''''",lInl Olhtr Ihl" f" , "'u'" ,,,, """"1 mone, tj"PO~I' w,'hO\ll i"'""sl, t. n!:VOCAlION OF 0Ff{11 AND D~AULf. I" 'h" '.""1 or '"'01:'''01'1 111 ,/I.. Of II" Ollnr '" 'f.'="flll"e.. 0' ," 'hll "-""1 01 'n, "."1I1l b, III' Off"or '" ,,," 0,,10'11'I'"1:' 01 '''II eO"".el er"'"d b, lue" H:CIII!!llne., Ih, dlllloStI, 'OO.'l\llr wilh I", I,.,m,nl. 'lIn~III"ulIl'I"y mid.. ~n tccoUlI' ml, b, lorfllil,d .. "" <:1(1"0'" 0' '"11 00."""'''",. in wh'e'" "."1" f"e 011"'0' ,h,II, bll '""11I''''' "n", I'JlIt,,,, "'b,III,. 0' .....11"out lorl.,""O lh' 1I'r1 ""00111 'lid OI,,,,,,,,,S. 'h' 00."'""""' m., ,.'il 'III" ", I", '''01' or 'QUIII"'" r.o....s w/lir:h It m'r "'" under III. ",1 II' ", conll '01, 10. OOVllRNMENf LfA81UfY, " III', Oil" 10 PIl'e",,,, II leC'Olflld by IPI' Sill" I"tl~ I I I ~'""r h.fl '0' '"y '.,II(,n 10 olllO,m lIs ,.,h"1~"o" It ~.. fo"" ""''',n: 0' ,,,, 'itl. "0" 1'01 I,,",f..r ", "'" III Ihll I'",e".." '0' 4"y '''UO" """OuO" PII,Cll4,.,r " '''4d" wlfhno, '''12 tn'lI If, 010'8. S.,,,., Ch'" prOmDII, '1I"J"11 Il') P"'r.II,,,, .11 ImOllnll 01 mont, Pv'chnll "IS 0'''' -",1"0\1' ,nttr.,' NIIII'IIVOO" S,III1, Shill "h, "0 "/""11' "Ibllit, 10 I'u,eh."" 1 ,. O"~ER TlRMI APPLIC.lltlE to A SALE, I, .\S ", ,:1. "111 0' "'''mp''"" 01 OOU"UIO" or Ih" II'''''''''" or 11111 !lIt, ", eO""Hl'tel. wh'ch".., OCCIl'S ,,,,'. I". ollftro, 'PII" Ufu"", 'lIS00rlS'bllil, lor elf" Ind 11I1'''''''0 I"d 'If fisH 01 IOU or dlm.o, 10 I'" pro,,"'I, Ind ,."." ," onliO'''o", I"r:l Illb,flll'S 01 oWn"S"iD, n. A", "It, '''dl"e. which mh bl dlll"ed b, 'M 011."", WIll b. IHOCI""d b, IIim II "'1 soft eOst Ind ""Oll",... f". Uo"r"",,,,.,, will. ""w""" 0000'"1' wilh 'h" .,II,,'or 0' h't 'ulholll"d '0""' ,,, '"is eO"PI'CIIO", Ind ,,,,,II o",mtl "'ltmtnIlIO" ,"d 1",,'"CltO" 01 Suell d""dS, "H'"e", "fll1'"f. 01 htlll. judO,""nll In eOl'ld.mnl1iOl\ 1')I"e...r1'''OI, 0' O'h,r 1!)el,mll"" "'111'"0 '0 fh, 1111, 01 'h, a'"m"", ,"d 'h" ll,(lO'lrl, '"'O""d. H I' "'1, "1" "I"'blll. II '. .,,,,,,, 1I00rf 'he' Ih" Go.""",,,", w,II "01 bll ObliOlft" In !ll, lor ,", IlI"."t.. '''Cu'",c:1 ,,, COnn.cltOn WIf" "'" .....""" ,." .vr.", ,,1 .h. OIOOfll,fy. -:. tJoon Hlu",,,"o" 11 DOSSlIHIO" 01 fhl ,,'oOtrly. or eOn'"y~"'C' 01 '"" lI'flO."" WII'ett,.el OCCur, IIPII, fh, 0[::,. 1~7..91 Cl '7 5 [::l AM t Rea I Est ate S a I e s P 1 4 ~X"lf\tT C ^ ttON-OIS~IHIN^TION COVENANT The Pur:ch~ger covenantft for it!!'!lt, it.. h"dr", successors, and A8f1l'1l1~ 8nd ev.,r:y suocessor in Lnt:ertut t:n ~h~ ptopl!rty hereby eonv~y~d, "r any psrt: t:.hIHt!Ot, I:h"t: th4 .,dd t'ut:ch.-;l!er and such helr!9, ~UC'C~!HJO[!, ~md 8!1s1qn~ ~hltll not:. dleerlminate upon the b8Si!l of r:ac@, color, tf!liqion, national oriqln, or sex In t:hl! use, occupl!ncy, !late, or lf1!"~~ of the propert:y, or in their employm@nt: pr:act:1Cf!8 oonduet:",d ther:l!on. Thi~ covenant shall not apply, however, t:.o t.he 1~e8e or tqntal of n room Ot rooms within a femily dwelling unit:, nor: ~hall it: apply with respect to religion to pr@rnl!e! U!l4!d pt'LrtllHily tor religious purposes. The united Stat@g of AnH~tlc" 8h~ll be deemed a bftn~ficiAr:y of this coven8nt: wit:hout: regard to whet:h@r it: rt'!'malns the owner of any ll!nd or intere!'J~ th4r~ln in th~ locality of ~he property hereby conv~y~d and 9hAtt havf! !ol~ riqht t:o 4nfot'C'ft this covenant in ftny court of comp@tent jurtndictlnn. (] l=l.. 1"7. 9 I rJ r7 1=) r~l A IvI * Rea I Est ate S a I e ~ PiS r;x"tntl' (J r.xcr.ss pnotrlTS cr.^UI:lPJ (8) Thl!! cov'?n"n!: ~.Hlll tun with the l~",d for ~ p~t.'lor:J or 3 y ~ " t ~ t r 0"' t; h "! "~t: ~ n r. t:: 0 n II II Y " "e f'I . w I ~ It to: .. ,. {' lit c t: t: 0 t h.. pro p'! t t: Y "~t1~rlb..cl ,,, t:h1" f1l!lI!ft, 1f ,.t: ""y Hm" wit:",,, " ]-V~"t t'~t"Ind from t h@ d " t:. ~ 0 r: t: tiltH' f" 1:' 0 t t: I H ft h Y t: h., r] r " n tor:. t: h,. a r " n t:. P- ~ . or Its 8UCC~990tS or ft8819n8, shnll ~~ll or ent@r Into ~qr~~",~nt~ t:o 8l!11 th~ prop@rty, 81thl!t In ~ ftlnqlft t:rftn~ulct:lon or In Ci !lIl'!rtf!8 of tr8t1~..,ct:lon,., it: 18 cov'!nAnb!d IJnd .!gr:@@d l:hftt:. ftll proot!f!ds r~~~lv..c1 or t:o h@ t:~e~lv@d (" I!xol!t!t" of th~ Ot'~nt:~f'?'f11 ot ~ ~ub~~~u~nt: ~~ll~r:f~ ~ct:uAl Mllow"bl" coets will b~ rt!mltt:~d t:.o t:.hf! GrAntor. ." f::.h4 4v..nt: or ,. ""l~ oE If!88 t::hftn the entire prop@rty, Aotual ~110w~b1a e08t::,. will be ~ppor:t:ioned to th@ property b:!!!l'!d on s tslr IIInd t@ft!'o""hl-. (,..ter:rnlnftt:lon by t:h@ C;r8nt:or. (b) f'tH' ("HpO''''~ of t:hl" <::ov"'""nl=, thf! Gr,.ntll!,!-'a or a ~ub8@qu~nt R411@t"g allo~8b18 eo~t8 ~h~ll in~lud~ the foLlowing! (1) Thl! putchll!tf! prlc@ of thf! relll propert:y, (?) Th~ dlrt!ct: co~t:~ ~ct\J111ty Ineurrec1 ~nd t'I'Ild for Improvf!mf'!nt:~ which Rt!rVf! only tht! P[Op~t't:y, 'ncludlng t.'nl1d -:nn!ttr:uctlon, ~l:orm And ,!I,.nlt...ry ~"w"r con!lt:t:\Jctlon. oth~r puhllc f"'clllt:.le~ or utility con"t:r\Jctlon. bulldlnq r:"hRbllltAtlon And 1'!molltlon, IIH,rl~cAplng, gtl'ldlnq. 8tH,' oth@t' ~lte or public Impr:ov@m"nt!tl (1) Tn.. fJlt~ct COlltt:ft ~et:"...,t Ly Incurt"" ","d pnld for ::1t=ntlgn Am1 ~nqlne~tlnq !'lC!t:vlr.f!!'t with [~!1p@ct:: to 't:h~ lmprov~f11~ttt:s 1e!lcrlbed I" (b) (2) of this IIp-etlonJ ...nt1 (4) fh@ fln...nc'! ch~r1~n ...~...'J~llY Incurred ~nrJ paid In r.onJ"nctlon with In"n~ obt"lnp.d to ",,,fit: ;,ny of t:hp, 1I1loWI1bll! COAt:!I enumt!r~t:~d l'Ibovtr. (c) "on~ of the 8110wAblq CO!'lt~ rt~~crlb~d In p...r...gr...ph (b) of thl!l ttl'?ctlon will b@ df!ductlbl~ If rJ"trPlY"cl by f'l!c1er:al grant!! or It uged ~g mAtching tund!l to ~@cur~ r~derPll qr~nt:,.. (d) In ordf!r to v~rlty compll...nc" with the termg ~nd condlt:.long of t:hlg covqnant, thq Orantp,,!, or It~ gUt::c~~~ot~ or ~~s19n~, 8h~11 8ubmt~ an 8nnual r@port for @~ch of th~ gubg~qu@n~ 3 y@8rs ~o th~ Gr~n~or on ~h@ nnnlv~rg~ry dnt@ or thle d@ed. ~~oh r@port will Id@ntl(y t:.h@ prop~rt::y Involv~ In t::hl~ t: r 8 n t'I ACt Inn ... Nfl w I 11 t:: 0 n till I n fI U c h 0 f t: II f! foil ow t "q t t f! m ~ 0 f intorrn8t:lnn ~g ~,,:~ 8t'pllcnbl@ At thf! t:lrn~ of 8\1bml!t~lon! (1) ^ d@gcrlptton of @~ch pnrtlon of th@ proper~y that CJ 5. 1 '7.' Sl rJ 7 '=J =1 AM iRe a I Est ate S a e s P 1 1:=; -2- haa bf!l!!n r@801d, (2) The 881@ pric.. nf ench ..u~h I:ft801d portlon, (J) TI1.., ld""tlty of t"H~h put~h""~rl (4) The Pt'oPOfu'd 18nd II~'" end (5) ^" @"um@t,,~lon or ~"Y Altow8bl~ c08f;~ incurred end p~ld thnt: wouLd otf81!t ""Y reltLl1."'11 ~toll~. If no tess18 h88 b@@n m"d@, th~ r~pott "h~ll so Itnt@. (@) The GrAntor mey monl tor the prop..rt:y and lnlJp@ct t;'@cord" r:~18t:@d thfH'I!t:o to @"~lIr., ~o",pllenef! with the term8 8hd condlt:lf')ntt of t:hls cov~n..."t: "n(1 m"y t:...kll! "ny actions whl~h it dl!@"," t~ofto"~b18 And ptud~~t: to fl!enVll!t any QXC@98 profits tesllzt!d throuqh the t""al@ of t:hf! pr:op"rty. f.Xil nil [' E Rt.SOurr t IN t~). 1118 County of Albemarle 18 a poLttte!l ftUbd1vts1on of ~~e StAte of Virginia This resolution, 3dopt&d Mi1 Y 15, 1 q 91 (Aont.h, 1J..,y, Y@llr) 8uthor:iZl!S F. R. Bowie, Chairman (~ and In tie ) to !iQn and gutnUt to GS^ an offer by U. S. Mail to p,.n:chase for S 7500.00 eet'tftin 8Utl)lWl F'~dat"aL ~al P[~rty located on Bucks Elbow in AlbemCl r Ie Coun ty, y.i r(!ii niai in C and rrorl! fu ly oelcr bed the o!ttached ~xhibit A $ 750.00 {10' of Purchase Price) is authorized to be paid to GSl\ as an earnest money d@~lt with th~ otfer ~o purchase, and $ 6750.00 (B8lanCtl o~ PurChage Price) Le hQt~by get aside for ~ayment to GSA 'llhen r~e!lt9d. ~g~~1 (Siqt1l!ture ~ (g 19T1ature ) (CERn r I CArt 00 ) f ,. @@~\l COUNTY OF ALBEMARLE Office of County Executive 401 Mcintire Road Charlottesville, Virginia 22901-4596 (804) 296-5841 May 23, 1991 Mr. Ernest Cooper Office of Real Estate Sales General Services Administration 401 West Peachtree Street Atlanta, Georgia 30365 RE: GSA No: 4-U-VA-684 Dear Mr. Cooper: Enclosed is ah executed copy of the purchase agreement and a check in the amount of $750 as down payment on the Bucks Elbow RMLR site. The County of Albemarle is already using this site for installation radio transmitters and receivers for the Police Department. The Civil Air Patrol radio transmitter will remain on the tower. In addition, the County has FAA approval to add frequencies for rescue, general government and transportation. I assume this letter will provide the necessary information for your preparation of a deed to the County of Albemarle, Virginia. If you need anything else, please let me know. Z~~ Ra~ Jone~ Deputy County Executive RBJ/gs 91-32 Enclosures COUNTY OF ALBElVlAHLE 401 MciNTIRE ROAD CHARLOTTESVILLE, VA. 22901-4596 IIlU. "" ..L..LL+jQU SOVRAN BANK 68-127 CHARLOTTESVILLE. VA. 514 DATE OS/24/91 PA Y THIS AMOUNT PA Y TO THE ORDER OF $**********750.00 VOID AFTER 180 DAYS GENERAL SERVICES 401 W. PEACHTREE ATLANTA ADMINISTRATIO ~-"""'"'-"""H'''I_.._.... . . .;'..;..........'.........%t.. ;..r:.".~ --. ..... ,,:......> STREET .:.:.'.;:;;r::~,.:.::::.:~~.\. .rl *:~. ?~ '~;,'~.!. "'.'::.'.: ....;'/..,..~..." .kY-.-</~. ..././.~./'J-v.:......; ~ ~.:.: ::-('~i.-,:--~ ::~...;.. ~_""..='. :\:.\ \~. :" .. ..:. J~ .:~.:..::: GA 303650000;..: \- ':'.~.' ..;.'7?-'? /? ''''''':''-''':.C,tr~K ~:....:.. ::;::~:.,::?:}~:: :?:~::~,;, .:-<!'. .$,',>5,::":'::~' ";""I~'':':;~1..':':'''''''.'' ....:.;..;~.;.:;;:.. :,:."\~cro~ OF F1N..t~CE . III ~ U~ ~ a 0 III I: 0 5 ~ I.. 0 ~ 2 ? b I: ~ * g I.. gO g 1..111 " @@[P~ COUNTY OF ALBEMARLE Office of County Executive 401 McIntire Road Charlottesville, Virginia 22901-4596 (804) 296-5841 May 21, 1991 Mr. Ernest Cooper Office of Real Estate Sales General Services Administration 401 West Peachtree Street Atlanta, Georgia 30365 Dear Mr. Cooper: This letter w~ll confirm my telephone conversation of May 17, 1991 whereby I inform you of the County's intent to purchase the Bucks Elbow RMtR site (GSA No: 4-U-VA-684) for $7500. An executed contract will follow by U.S. mail as soon as I can draw a check for $750 as down payment. It should be in the mail by May 28. I have two requests, please prepare a deed for approval by the County Attorney at the address and telephone number listed below: George R. St. John County Attorney 416 Park Street Charlottesville, VA 22901 Phone 804/296-7138 FAX 804/296-6779 My second request is to work out the closing by mail. It may be difficult for any of us to come to Atlanta. Please let me know on the above requests. S~~:~FelY~ 1(~;1, ~. Ray7 Jo s Deputy County Executive RBJ/gs 91-29 05.17. 91 07 55 AM *Real Estate Sales P03 IlCll51l G1\LE" ----.- OFrE:R 'IU rUrlUlMiF.: RF:M.. r.srM'E /\tv ^t""CE:M'^r-':t . 1 · S'~!~j!.~rt. op~ t t'i . 'I"~ Countv of AlbelMrle (I' f'l1r.r;h,,""t."), h~r.f!by '(i;t tV:-1.;r:,;f.;;;"'~(1iitiry;-rtiimFin i ilil;-'r;nr~JIvl(Jil;;lr ofr~t~ to l'lt'dl;1.'1~ eran t:hl! I1nltnJ [HrH~ of ^,nl!!tkl\, "Ct:frfl hy .,,,d thrQJqh till! fy"n(l1l~t:r.'t:or of (~np.l'i1l SP.tvlr:~~ (";~l1p.t"), ttlP. ~ufplll!; pto~'etty f 0 ttnP. r 1 y k I\uwn mt nucks F.Jbow RHr~ Rite (ii8m!orrt(J~rryr ~-' 4-U-VA-6M , (<.:-i^COilttol No." <:on- !!Ii~tin1 of: "'nn:ol(hMt~ly .23 net". '111 ~n "nn h, wtlF.!t'I! lEi" b1nis, all as lTY)fl! rnr:t:ic\llar1v "'!~t"~J I" tit'! IHt.:tr:ht'VJ rJf!B<:rlptlon (Exhlhlt:: M. "hls cJOf.."\,""'lIlt: '.111 th r.xhlbl t:~ ^ - ~, ,,1\0'11 l~ r:nr"'tterJ to h'U'I!I""Her AS thJ! "Offer to t'\Jrd','!1p"I. 2. ~r;ms Qf E\Jtchns'! l"w.)ISalG . --- .. ......b......-- 2.1. l'JtchlltJf! rtico. 1h" t:.ot:nL pltdl"~e ptle.. for: l:1~ pr:o~[ty is Seven thousand five hundred ($7500. Dollars J (V'y,'hl", ,'~ rnllow8! Seven hundred ftfty Dollars (5750. J [l!tnIH~.1 M; "'r1 l!l5tMe!!lt motley dero!'ltt: in H-e ("tm of ;J cp.r.tirlf:.!'(] chp.cl<, CI1!"lhl"t'S check, or post..l money order. Six thousand seven hundre9 fifty Dollars (S~ 6750. ) u('o" cLwtill"l plJr~ul1nt to S\.l~~tion 2.4.1. '-.J.. or i U l!! OoC\lftleU t 9 . U('On ;'CC:"pl::1l1f:" of thq O([p.r. to f'lJr.cll.1Rt?, Cnnvey_ I'ItlcP. of tin!! ~11@rt8 'nl:l!re~t ~h"'ll bfl 111t.1f'@ by QuItclaim ()@~, f't.ov hH rq t:fw! Co 11 ow I 1'1 r J..2.L. 1hJ!P tlU@ t:o t:hp. ptOfV?tty will l)Il! conveyed ~t.lbjRct to ~11 1]5.17.91 1]7 55 AM *Real Estate Sales PI]4 easements, cOnditions and restrictions of record on the date ot Purchaser'~ execution of the Offer to Purchaae. 2.2.2. PUrchaser may inspect 8uch abstracts of title or other title papers, maps Ot plata, liS are in Seller's custody coverirg the ~operty, but Seller will not be obligata:l to furnish any continuations, later ti tle re~tts, Or t:i tie insurance, or to pay any t:i tIe expenses, escrow fees, or other chargas pertainlnq to ~his transaction. 2.2.3. From the date of teceipt by seller of this Offer ~o Pur- chase, Seller shall not: create, nor Permi t to be created, any lien, encumbrance, restriction or easement, against the property of any type or kind, except:. i'lS may be approved by Purchaser:. 2.3. 1\ccept~. 1f1is Offer to Purchase shall be fhm arr:! continuinq for a period of ninety (90) days from the date of its receipt by Beller in accordance with p;tri1graph 5 ot aiA Foan 2041 (Exhibit: B). To accept the Offer to Purchase, Seller shall execute Seetion S of this docunent enti t1ed "Acceptan~. of the Un! te:1 States Covernnent", and return one atiqinal of the executed contract 1:0 the PUrchaser. '""is feceipt by Purchaser of thE! execute:i contract shall consti tute '.Notice of ^cc~ptance"'. 2.3.1. [f this offer is wi ttrlrr"<lin by Purchaser befote expi ration of the ninety (90) dAY period Or such longec period as may be mJt:ually ttgreEd up:m dur i~ which it rsnains a cot'ltitJJi~ otfer, and prior to Notice of Acceptance, the eacnest money deposited by Purchaser may, at Seller'g option, be r:etained by seller AS liquidLllted da!ni')ges, in '",hich event 05.'17. 91 o 7 5 5 AM *Real Estate Sales P05 purchaser shall be t€=tliaved C3f aU further liabili l:y to Seller:. 2.3.2. If Seller does not accept this Offer to Purchase within period as tMV be Il1Jtul1lly ~t~ u~n, t:he earnest money deposi t: shall be PtOTt'tly returned to Purchaset' ...,i t:hout interest; ard ""ithout fur~her liability on the part of either party to the other. 2.4. Closir-g. Wi thin II reasonable period of ~Jme and not: later l:han 30 days fran Purchaser's receipt of the Notice of Acceptance, closir..; of the transaction contl!nplated hereby SMll be held in the Office of Real Estate sal~s, General Services Administration, Atlanta, Georgia. At the closing: 2.4.1. Purc~ser shall t;ef~er 1:0 Seller a payment in the snounl: of Six thousand seven hundred fi~lars ($ 6750. ). Upon approval of the.deedo anfdthe . slgnature of the Chalrman Board of Supervlsors. Saller ahall deliver to Putchas~r the ~J which shall ninety (90) days of receipt by Seller, or such longer 2.4.2. have been duly executed BOO a!Jthenticated by ~ut:hor:ized officials of Selll!t' and buyer. 3. Condi tions. 3.1. (SA rom 2041, "General Tetrns ^pplJ,cable to Negotiated Sales" to Purchase. However, tenns and conditions set fOtth within the (except for subparagraph llf(1)-(4) ar~ incotporated into this Offer body of this Offer to PutchaRe take pr:ecedence and cont:rol over sUnilar at confllct:irq provi!;iotls of (~^ Form 2041. 3.2. The nondiscrimination covenant (Exhibit C) Shall be incorporated Or-:: 17. 91 ,J. 07 55 AM * LIE s, tat e S ale s 'l<ea _ P06 in the larquage of the Deed. 3.3. If this Offer to Purehase is accepted by the seller 3nd: (1) Seller fails fot any reason to perfocn its Obligations as set forth herein; or, (2) Ti tie dO@s not transfer or lIest in the Purchaser for any reason, although Purchaser is re~dy, willing, and able to close, Seller sMU P[(]'ftptly refund to Purchasp.r all anounts of money Putchaaer has paid without intere!t wher.eul~n seller shall halle no further Habili ty t:o Pw:chaser. 3.4 (In the 4vent t:hb fOtm is lISPfJ as the Offer to Purchasa, pleat:e initial and insert the date ~sid. each Avigation Clause which does not apply (3.4.1. - 3.4.3.). The absence of initials beside each of these clauses will be interpretEd that: the particular , clause applies and will be incorporated in the language of the deed. , Avigation. 3.4.1. seller reserves unto itself, its Buccessors, and assigns, for the USe t11'l:J benefit: of the public, a right of fl ight for: the paSsage of ^ireraft: in the ain~C@ "/A aboVe the surface of the real property herein described together wi th t:.he right to C8uae in said ai r5pace su::h noise as may be inherent in the operation of aircraft, now known ot' her:eafter: U!'Ilr:'lJ for naviqstion of or: fl ight in the said aits~'ce; for use of said airspace for landing on, taking oft from, or oparatingon the airport. J.4.2. Sased on coordination betw@@n tha General Services Mminis- IVI'A tr.tlQn and tho Fed.ral Aviation ~inistr.tlon (FAA) as 4 05.17.91 N/A 07 55 AM *Real Estate Sales PD7 recarmended in House Repor:t. HlIt\ber 95-1053, entitled ''FAA Determination of 'Uo Hazard' (or Sl:.ructure!l Uear Mrports," it has been detenni ned that: the only ~lic ai z:port wi thin six nautical air miles of this property is tha /II/A . ai rs:or:t. F1\A has been appr lsed of the proposed dis(X)sal of the property, ard that the COverrment's conveyance docunent: will contain a provision that the grantee, its succesSQrs and assigns ard every SuccesRor in interest to the property herein described, or any put:. thereof, must prohibit any consttuction or alteration on the pIoperty unless A det:@nninntion of no hazard to air navigat.ion is issued by FAA in accordance wi th 14 en Par t 77, "Objects Affect:irq Navigable ^iup!C'e," or under the'authority of , the ,Federal Aviation Act: of 1959, as amended. 3.4.3. Purchaser expressly a;r:ees for itsalf, it SU';C'essors, anc! 8S9i9ns, to prevent ~r~ use of the herein described teal property which would interfere with or adversely affect operation or maintenance of the airport. or otherwise con9 ~i t:I.Jte an a i rp::n: t haza rd. 3.5. Excess Profits Clause. the ~ceas Ptofits Clause (Exhibit 0) is inc:orp:lrated into this Offer to Purchase aDJ shall be ircorpnated in the 'language of the Deed. 3.6. ABsolution. 'I11ere shall be attached to the Offer to Purchase a resolution that will shOJI th~ official character atrl author i ty of I:he acquisi tion author! ty of t~ Purchaser I and the apptoval f 05..17. 91 o 7 5 5 ANI *Real Estate Sales P08 for'fundinQ for ~le ~nt of thp. purchftse price. Each resolution ~h.!l1 be duly eert:Hied uncJ"r tilt! corporate !Ileal of the Put'cha~er: to 00 a true COpy (Exhibit E). J.7. Inspection. n,e Purchaser is lJt'qed, invited, and warned to inspect:. th., prrl'''rt:y ptly"lcnUy nl!1 t,) r.n'dltit:ln, cJ.i!~cdpt:lon, '1l'i111ty, fl\Jftntity, and exact location pdol:' to 9\Jbnittirl'l an oEf@r. In no case will failure to InApP.ct constitute qrounds Eor a claim Ot' fot' withdraw.!! of the Offer t;o F\lrCMIM after its tendet'1!d. J.8. Descriptions. nle descriptions of the P~rty H~ forth in tile Offer to Pur:chllse and any other lnf~tlMtion Pt'ol/itled thet'8in wlt:.h t:'espect to sai~ rt ate based on lnforttk1tion available to the C~ sales office ~ are believed to be correct, bJt any error or anisaio", includinq but not limited 'to the omission of any information available to the custody over the Prt.t>erty and/or any other Federal aQen~, shall rol:: comlt 1 tute Qt:ound or reason rot' nonperfonnanO! of the contrc?lct of the pu['chase price. ].9. Clhclude only if appllcl:tbla) If "Ppllc~ble this lanqu....fJe shall be included in the Illnguage of the dood. Historic Preservation. nle /'IjA l'rcperty 19 located wlthl" the b:>Jl1darles of the l1istt"lct. UN!' Put'c:ha~et" aQfP.":; to obt"in Approval t')f thp. (State ~al." ot' cll'Jlm by Put'chas~r (0[' :tllOlotancp., refulld, ot' cll?duct:.ion fr?T1 or: its successors in int.erest prior IIlst.orlc Preservation Off lcer to c!'ny dJ!~l~nt: of the Aitp.. 7 g 1 05. 1 . 07:55 AM Est ate S a I e s POg *Rea 3.10. (Include only If applicable) If ~pUcc!ble, this clause shall be lncot"por.!lted in th8 IltnquaQe of the dP.ed. P'loodlng. The property lies in the lOO-ye~~ floodpLain of the II/It nle Purchaser agrees to comply wltll all federal, state, and local requl..t:.10f1~ ()f!rtdnlnq to l;'tnd 11.'1" nnd (,"lMl~nt: o( proportlt!R subject to f loading. 111ft Purcl""ser and 11I11 SUccessQr'S ghall save the Seller Mnnless in the f!vent ot d&na~ to or loss of life "r ptopP.rty rl!~lJlt:trq dlrl!:'r.t:ly '1t." Indlt."ect:1V fran flrneHnq. 05.17. 91 o 7 5 5 Al'vT * Rea 1 Est ate S ale s P 1 0 4. Authori ty to Purchase. ^tt~ched 19 11 crfrtified cct'Y of the t"'!901ution ~ the Purchaser authori- ri~ing purc~ of the prope~y under the terms of this Offer to Purchase. Purch~!!Ier County of Albemarle (Legal N3tte of City, State, County, ~Aaion, Individual I 5/15/91 Date $ffZ &U~ th <;S,\ by County ^ ~~~Hx~d CJ An Individual. D ^ Partnership C] 1n Sbt:.8 of Virginia' WITNESS : .y~~ ( Clerk, Board of County Supervisors * I~ l~~:) -ep~rk. Board of'County Supervisors 05.17. 91 07 55 AM *Real Estate Sales P 1 1 CERTIFICATE OF AIJt'1l0RIZATI~ OF roOCHASER I, Lettie E. Neher certify that 1 an the Clerk (secretary or other of the Board of Supervisors Of f iclal T1 tie) (Ci ty, State, County, Catrnlssion or Individual) nllood as Purch.laer herein; that F. R. Bowie who signed this Offer to Purchase on behal f of the Purchaser: was then Chairman (Official 'ride) that s~id Off~t to PU~chaae wee duly ~iqned for and on behalf of said County of Albemarle by authority of its governin; (city, St8te, County, commissIon or Individual) body ard till'! ~rch8SG ~L-- SEAL s. AcceQt8nce of Untted States Goverrment. The Offer to (City's. State's, County's, COmmisslonl3 or Individual's) Purchase, c!s set forth in the fotegoinq "Offer: to PutchaslI," is hereby ACCEPTED by arrl on behalf of the United States of America this day ot , 19 Wt Tro ST^ TES OF AMER IC1\ ^ct: inq by am throU9h the "bMINtSTRATOR OF GDJERAL SERVICES BY T 1 TL E: Enclosures (l) F;xhibi t "A" - Description of Propert:y (2) E:xhibi t "B'. - GSA rom 2041 (3) E:xhibi t "C" - Nondiscr imination Covenant (4) EXhibit liD" - Excess Profits Clause (5) ~hibi t "E" - Resolution o 5. 1 7. g 1 07 55 AM *Real Estate Sales P 1 2 F.:XII U1[ 'r ^ o~scnlPT10N OF PROP~RTY HF.'rr-:n ^N" notltH'" 11F.r;CfttrTION IU~I~ _1'.1 0 t r, j l e I\1J lhllt tri'H~~ or pnrcl!l or 1nnd ,dlllftl~d In lh~ Wltlt:.e rtl!lll .'ngl""~t I,d "'ntt Ic::~ of ^th+?mntl~ Counly, VirginiA nn Ouck:1'n F.lbow ~'n\l"t,dft n'H1 mnr~ fully r'~'H~tlhf!t.l "'I rnlln",,,. from a point; helns l't: lh~ It,tr.l:n~ctlon u{ ,,,dAting ron" ftn(1 "H', nrfvf", rtocee<l S 39 59. Fl, 61."" feel loo III point., "" It' l,olnt hetng the "oint o~ heqltudn'J, tht'?n~~ If 40 lI' to, Hi.O ((!(tt. Ao 8 l,olnl, thetlc~ S 49 ~9' W, 100.0 fl!~t JO It rotnt, lht'?nce S 40 11' W, JOO.O feet: lo 8 l' 0 I t1 t., t h t'? " C '! R 1 ~ .. ~' ,F: , 1 0 0 . 0 r f! n t. l 0 " r n J n t f t h P. n C Po N 4 0 0 11' Po f) .. . 0 f " t'? t. t'b l h" I r 0 f h lor h" tll n n I n 9 , c: 0 n t fl J tll n CJ 1 n n 1 1 0 . "3 ACtrH1, m.,rt'? or lp.n~. .r.e.t' lTlan'!" ~ ..non ,:.e."q 1.u.s.l v~._r.igh.t_.uc.. .",.ay. rtom n t'nlnt: 1i~lhrJ nt. U'S unrthwn!llf.'lly cotnt't or: tho Above fl~Hfr:r Ih.,,1 plfJt J'toc'r.r.f1 N 40 111 F., .1~.O (P.I!t: to " (H}It,.; hf!Jn9 the point: nf "~I~ttt,d'HJ'nrH' 011 lit" (~I"!t1'r.rJjnr or n .10 (out: wl,le tI9ht.- or-.wflV 'hl'?tH:f? S J~o 59. Po, 4'.'~ (~@t. lo a point, r.ontnltdtH:J .029 net(Jn, mnrr. Of' I,,"n. ; I 0='.17. 91 Ci 7 : 5 5 *Eeal AM Est ate S a I e s F' 1 -) ':l GENERAl. l'EflMS ArrLlOADLf ro NEGO TIA fEr SALES (SUrplul Rul Property) t. CONDfTlON 011 PItOPERTY. H,. p'OO",I, 's 01 I <'lr'td "/\s Is. Ind "Whlr. Is" wilhOut tlf"eUl'lllhO". WI"I"I" or q"I"nt, u 10 !'lUlntlly, (lVa''',. hlle, C"I'IC'8I, <:o"dlllon, Silt, Or lelnd. or 11'0" !tll' semt It 1/\ I')O/\dItIOn 0' fll 10 b. vud lOr Ihe purpon lor wlllCI'! il\lll\dld, 'nd "0 clllm 10' '!'I. allOwance or d,dlJellOI'l IJDOII suc'" g'oundS WIll be COl\tld,r,c:l. 2. OElCRIPTIONS IN OF'FEA to "UA~An. 'h. dlucrlptlons 01 "," prop"rl, UI lorth In Ih. O".r to Pu,ChlSe Ind 1t'J' 01"'''' Inlo,mltlon DrO'ldtd lh".m wllh 'UCICI 10 Slid prop"n, .,e blsed on Inlormltlon h"t'bl, to Iht ~SA ules olflce Ind ,r, btll,'''d to b. correcl. bill I"y error or omiSSion. ;nCludlno bul nol Ilmlled 10 I"'" O"1ISSIOI'l ot ,f'I, il'l/Ol'm,"on IVlIlIbll 10 'hi loene, 11"'110 eUlled, en, I"'. CIIOD.,I, Indlo' 'hy Olhflr 11I!f.r" 'Ollnc" st'," 1'101 r.on~"Illll1 o'ound or rllllo" lor nOnOArlOrmlnce ot Ihe CO""lel 01 !tl", or clllm by IIv'eh,,,, 10' IlloWI"ee, 'Ifund. or dllduellon 1'0"1 Ih. .0UtChnl orlC., ,. INSP!CTION. Off.,O" ar. i'''llltd, u'OAd, and caullonlld In ,MOtCI "'11 Q'OQI"y 10 b. ~Ol~ prlO' 10 S\lbl'!'lilllno In off.r. Ihe ",lute Of ,ny offll'O' 10 insQlICI, 0' 10 be IUlly Il\lorm"'d u 10 ''''. eondltlon 01 III Or any porllo" 01 "" (lrOO"lIy o II I" It<l, 11'I111 nOI eonUllulA grovtlds 10, an, clllm or Cllmano tor adiuSlmetll 0' w.'hdrawII 01 1ft offer IIllr II I'll. beeft l.ndered, 4. tAANEST MONEY oepOSIT. r,,. ofh, musl be 'ccom!'Jatltlld by In "rnAsI mOnlt' d'OOSlf ift 11111 .mOunl rAQulr"d b, IhiS Olhr 10 PtltChlU 1ft Itllt lorm Of a e.,,,,lll" ePlltelt, eUl'liflr', eh"clt, or QOSII' mOIl"~ ord.r (0' tS 1]II'IIrw,se OrO"d4" 10' I" Itll$ Off"rl ""'IdA Oanble 10 11'1_ Orl1Ar 01 Il\e OAn.ral SII,.leU Admltl'SlrIUOn. Failur. 10 '0 P'O',d' sue" nrnlsl mOtl., <leoosll Slllll rlQuirll '"lllcllon 01 III. 01111'. UOOtl aCCfltlllnc. of III. Ollllr 1"'" d.oosll .h'" be Ulllfifl!f 10ward Plymllnl of "," oll..ro,'s obllqlUon 10 tr," Go"'rlm'nl, In III. It'_I'll Ih. all., is ,.,,,eUIO, Ih" dilDOS I. w,lI I)' rltlu,ned. wlthOUI tn'er.sI. IS oromOll, IS DOUI!)I. lilli' re,lchon 01 '''" offer. S. CONflNUINQ OFFER. H'lt olflr thlll b. ".IHllId 10 b. a "'m Ind eon"nl/ll'lQ oller from Ih. dlle 01 rllCAIO' IJftll' ICCflQtlld 0' '"1lle,,,11 b, Ih. Oo..,nm"nll O'O"I1~d. howII..r. ,1'1.. Iller 90 dl" hi.. t"OUd from 11'1' <UI. 01 'llellOl, 1111 offlror nOl h...nQ rle'''.d nOl'CI 01 rlt,IIClIon mly cOfts,der P\lS oll1\r r. ,eelld, an" if IlIe OO.."nmll"l d.SIt IS 10 ICCIOI II'IA olle, IIl.r svcl\ QO -111, OllrrOd. lh. cons.t\1 of Ihll Offtror Ih.'"10 sr. "I bit ot"l.nlld. .. NOTICE OF ACCEPT "NeE OR AEJECTION. NOlie. by 11'1. GO.llrnml!lnl of leeflOl.nCt or rlljeellon 01 Ihl aile, ~I'Iall bll dUN'ltd 10 hi" bun ,,,IIlc,.nll, 0"11'1 when leIIO'IOlll,d Clr milled 10 '''1I olleto, n, hi, <fUly 'ulhoritld rllptllnnU"," II '''I .ddtllSS indlCllld in Ih. Off.,. 1. CONTRACT. ThuI Olln,'al TlU-m~ AOOllcllllII 10 N,OOhllld SaIlS, tile offllr, and Ih" ICei!lOllnCll ,""rlol. ~han con~hlulll ~n 'O""m"nl blllwIIAn Itfll offl,or In" ''''. GO,"r"mtnl. Such Iqrlllllm'tlt s".1I l:onsllhJI. lhll whOlll r.Qnlracl In bft 'IJcc.edltd onlv by lMI 100mll I/\urum"n's 0 I \II"S ,"'. ,,,,Ius ,"Ol1lfted in wfllInq Ind 'l'on,,11 b, bO'I'I o,rllet. No Otlt ,""m"nlS or 'ltor"'SlInllrlons mad" by, or lor, or on b"'''." 01 .""'lIr Illrly !hllf 1)1) , Oltl 01 Such COntraCI. Nor ~h11\ 1"11I COnltlcl, 0' I", 'n'lI'tll 1"""lIln, b. I"nstt"ed 0' IHloned b, 'lit ollllO' Wlll\oul eo"senl 01 ltoe G~.4rl'lm."I. 'nd In, UIlqnmllnt IIlntacllon WllhOlJ1 'lIel'l Con~IInl Shin bt 'Old. I. RESCISSION, e. lh. COl'llr.e' mll'l' by Ihll 'CC'OlltlC' of 1/1' offe, by 1111 OOUtnN'l.nl ml, bll "I"!mllllld 10 Ii'll Allorne, 0,,1'1""' or Iht UI'lItll/1 SIt'.' ItH Ill' Id.lel IS \0 whl.hlr 'hll nil would Ilnd \0 erll"e 0' ""111'11111'1 I Slluallon Incon~lsl'l'Il willi Ihe ,nlo"1I11 "WS. The leeepllnc. ot Ih. off", b, Ihl Oo.ltr"mA'" ""1' be rlteind.d bJ' Ille Go..,n""_nl, I" III. ".1'1' II"Ia'O""11 'd,lee 'S rlle.h'ld ',om the Allo,nlllY G.nl"'. h. An "WOI'IIIIO'y !ll'"menl r'J' Ihll ClrCUnUllnelt$ f)I Ih. D'ODOUd rtllflOUt ....'If n" 'uh",llllld 10 Ihl approp"". eOlnl'l'I,lll" "f Iht COllO"" b"~luse 01 liS nl90h"ld t::1\"lell' 1,../1 Ihe 1311., p'nh'bl, N,II "01 b. Iccloled b, IhA 00."""11"' Ul\l,t .f'., Ihe p,oOond disposal hIS b.en CO"~1(IAr,d b, hlCh cnmmllltu, HOw"''', in any "'1'11, 11'1. On.",,,m,,,C ml' rUCfnd lis 'CCllp'lnCI II ,n, li"'l 'uhs"t]uetlf 10 1~C:tClI,nc e Inri prior to conw&Ylnce, U il i$ '"unn.tll, d'IIrm.ned by the GO>llrnm"'nl Ihll SUCh lellO" ,~ JU~Illllld in III. IIgnl 01 thll CItr:umsllnCIS \I'Iln pre'lllIng. ~. An, r.selulon, pvrsulnl 1(') I or b, IbO.., WIll b. 'N II "'nul 1111)1111, nn IhA ou I 0 I IhA GO.llrnml"1 Olh., Ihan 10 ,.tutn Ih. ltarnlSI money cj"POSII WIII'lOUI interlsl. t. "EVOCAtiON a: OFHlt AND llcrAULT. In Ih. .'""1 01 '",or.llron 01 'h" f)tlll, Qrl"" If) 4r.cIIOllnCIl, 0' In IhA '''''1'1' of In, dllfallll by III' oUeror tn !hll QltlO'''''lnc. 01 Il'1fl con1rlel cr"I.d by ~uCh 'CClInflnCI, Ihe dellO$lt, 1001'I'IlIr wil" In, PI,menlS ,uMlIl1ue"lly mldll 0" ~ccounl ma, III 10lfAited II IhI Q('Ilro" 01 'h. Go.e,nmAnl. in whlCII ...enl ''''1 0 Illror ~h,lI. lH' rllne'lId Irom lurl""r IIlbllily, or wII"'oul lOrll'li"Q 11'1. \1'11 ({IIDOIII .nd Oa1mll"IS. Ihl Go...rnHllnl mlY l'lil 'Iulf ", tn, '.gll 0' eQulUblll rlgllts Whll;h ,t ml, h"1 under Ihe I3I111r f)' contrlCI. to. OOVERNMENT LIABllrTY. II Ih,S Oller 10 PU'CI'IIU IS .cetOIAd Ily Ih' S'lIer 1,,11: 111 S.ltllr Itlls '0' Ii'll' I "1S~n 10 p.r lorm 'Is "nr"H"on II Ul forrh h"'flun: 0' 1'" tilllt /1o.s nol I,ens'"r 11' ,,,,, ,., ",,. "\J,ehaSf!r '0' ~n, '''Uon .11111ougn PU'ChUfl, ,~ ''''d" wllltnQ, II'lO H1111 In elOU, Sillier $hafl D,omoUy ,"I'Jn/l I., Pur!;II,,,, III ImounlS 01 mOt'lly PlJrchUlr "IS lUld "",.lhoul .nt.ru, NhlltrtllOO" Seller 5/1111 /'II.' no II/rlhe, Itablll'y 10 Pvrchase,. 1 to OTHER TERMS APPLICA8LE TO II. SALE. .1. .\, 1)1 1:"111 "". 01 nSUmpI'f)n 01 t10$Uulon 01 11'1" OII)!'Jllr", or 'II. dl1e 01 eOn'IY&nc., whlcn"lr OCCIJ'S III~I. Ihl oftftror sl'llll Utuml rfl~oonSlbllil, 10' CIt. Ind /'Ia",,"no Ind .11 tlSlCs Of IOU 0' dam'Qe 10 Itlt IHoDlrl, and h,.e lIt ObtiQ_llons Inr.l Illbl'iti.s 01 oWnefShio. b. Any htl. ftVldlnel whlc" mar bl desired Ilt lhe olfllrnr WIll be O'OCl/rlld b, him II hiS sol. CO$1 Ind 4wOAn~". fhl Go..rnmenl will. h()we,"r, cOoo.rele w;lh Ihll ""11'0' Or l'I'i tu''''QrttIJd 101ln' '" tillS contlection, and .....11 oll'm,I "'<lmln.IIOn Itld illSPllcllon 01 Suell dlldS. Ib~I"etS, U"fllfll! 01 hilA, judQt'l'\8nlS In cond.mnllion nrOClllt/llnQ$, Or olhlr 1I)CI/rTllInt$ fltl,Io"q 10 Ihl IIl1f 01 Ihl D'''m,~,.S Ind '1'08 Pr('lOllrt, InvO"ld. '$ II N'lly tll.e a.lilab't. II " "nl1."IOO<1 Ihll IMI Go.,,(t>m(lnl Will nol bl oblioated In CHy 10' In, e.DenSII ,tlCu''''d In conneCItOn wllh hll. mllll"~ t'Ir Sun"y of Iht orOOflrly. 0:. 1)001'1 nSuN'lOllon "' 1l0$$IlHl0n 01 Ihe orOOtflt, or Con."y~nCI 01 !hll DUlOI"y. whlr;lIe.1I OCCurS fi'lL I"'. 1]=1.17. 91 07 55 AM *Real Estate Sales P 1 4 EXIlIBtt c NON-DISCRIMINATION COVENANT . J The Purchaser covenants for itsp.lf, Lt.. heir", successors, and ASAlqna and eV~HY successor in Lnt:el:~!lt. ~o t.he ptoperty hereby conveyed, or: any pl!lr:~ ~h8[eof, that: the laid PUJ:ch~!!Ier and such heir", suct:p.s!Jors, and 8ssiqn~ !hall not discriminate upon the basi!l of race, color, rellqlon, national oriqin, or sex in t:he use, occupl!lncy, !al~, or leasp. of the property, or in thei r employment practices eonduet~d thereon. This covenant shall not apply, however, to the lease or t'l;!ntal of a rOOm ot: rooms within a family dwelling unit:: nor rihall it apply with respect to religion to premise! u!ll!cl prirtladly for religious purposes. The united State. of Ameticf\ sh~ll be deemed a bensficiary of t.his covenant: without: regard 1:0 whether it: remains the owner of any land or interest: ther@in in the local i t:y of the property hereby convey~d and shalt have sole right t:o enforce this covenant: in any court of competent juri~diction. 05.17. 91 07 55 AM *Real Estate Sales P 1 5 tXnlBIT D r.XCESS pnortTS Cr.^USE (a) Thl!! e"Vf!"..n~ ~h81l tun with the l~"d fr:>r e p~rtod of 3 Y~At!'t from thl=! d~tf! nf' conv~y""e". wl~h r:f!~fU~C~ t:o ~h'! prop~rt:y (lp.ncrlbp.d In thlflt ,1,!!'!!fl, If "t:. ftny Hm" wlt:hln n ]-ytsnr rts~lnd from t h@ d ;t l:. '! 0 f ~ r 8 n II f ., t () f t: t H ~ by t: h e G tit n tOt, t h flI! G r ,II n t:. fH~ , or l~s succ~ssot9 or assign8, ehnll ~411 or entftr Into aqr~@m@nts to !tell th@ property, either in a flingle transaction or in a !I~t:'ie!t of tt:an!l",ct:lon~, It is COVf!nAnl:ed end .!gl:cu!d that all procf!p.ds r"'=l!lvAc! nr to h@ t:f!tc~"lved in f!xae!'" of thf! Gr:."nt:~p.'l!I or A gub~equ~nt: s~ll~r:.~ ~ctuAl allow"blf! aoets will bf! temltt:~d to the Grantor. In l:.he IJVf!nt or A !I"l~ of le!! thftn the entire prop@rt:y, Actual sllow8b18 costA will be ftpportioned to th@ property b~!H~d on 8 tair And r@a!'ot\~bl.. dflter.mlnatlon by th~ Grsntor. (b) tr.Jr: PUr:PORf!'" of thin cov/Snftnt., the Grl!tntP.f!'g or a gubgequ~nt A411@r'. Allo~3bl. eosts ~h"Ll Inelud@ th~ foll~wlng! (1) The putcha8e price of the rIal property: (2) Thp- dlrf!ct: co~t~ Itcturttly in~ut't@(1 ~nd pl'1ld for: improvem@nt~ which ~f!rve'only th~ p[np~tty, Including tnrtd con!ltructlon, ~to[m and ,!JAnitl'lry ~l'!wPt" construction, othqr publlc fAcilities or utlllty construction, building rehabllit~tion and d~molltlon, l~nd~cAplng, grading, and other ~lte or public impr:ov@ment:9; (J) Th" clltp-ct cO!llt:n Actll;o,lty lnc\lrrp.d And p",id for defllgn and ~ngine~rlng t:tf!tvlcf!9 with r~!!p@ct to th~ lmprov41ments described in (b) (2) of thl~ sp.ctlon; And (4) Thf! flnancf! Ch;trg~A ..."t.'J~lly Incur.red anr.1 paid in ~onJlJnctlon with lo~ng obtainp.d to mf'Pt: ~ny of the allow;1bl~ cost9 enum-.r~t@d above. (e) Hon~ of the 8110wable COAt~ o~9crlb~d in p",r~qtAph (b) of thlR ~"ction will be d@ductlblf! if d~frayp.d by Federal grants or: if used ~g Matching funds to secutP- F@detAl 9r~nt9. (d) In order to v-.rlfy compll;tncI! with the tetms and conditionR of this cov@nant, the Grantp.@, or itA 9UCCP.A~ot~ or a~si9n~, shAll Rubmlt an 8nnual r@pot~ for @3ch of th~ gubgequ@nt 3 years ~o th@ Gran~ot on ~h@ annlv~rgary dat@ of this deed. €ach [@port: will identify th@ prop@tty lnvolv~ in thlg ~ran!Hlctln" and will contllln !loch of thf! following ltemt:t of inform3tion ~g are appllc8bl@ At the tlmd of 9ubml~sion~ (1) ~ description of each portion of the property that . 05.17. 91 07 55 AM *Real Estate Sales P 1 f3 -2- has be~n resold: (2) The slIle price! of eAch l!!Iuch resold portion: (3) Thfl! ldf!ntit:y of "neh puretu"uH: (4) The proposed land lHlt!' and (5) An @nUMet~ttO" of ~nv allowsble C08t:~ incurred end p~ld thf'\1: would otfset IIny reltllz~ll profit. If no resale has been mftde, th~ r~port Rhllll so stat@. (f!) The Grantor msy monitor the property and inspect records related t:.her:eto to en~urg eornpllenee wi th the terms eNd condlttr)n.. of thll!l cov~n...nt ftnd mAy t:...ke any actions whleh it de~ms tp.o..on~ble And prud~nt to r.eover any Axcess profits telllized through the resale of th~ propftrty. .. . Ci5..17. 91 o 7 5 ~I Al'vT * Rea 1 Est ate S ale s P 1 7 EXit Iru'r E RESOt.l11'Irn r-l).. the County of Albemarle is a political subdivision of ~~e State of Virginia This ~e901u~ion, adopted May 15, 1991 (Monti1, l}"y, 'Lear) authorizes F. R. Bowie, Chairman (N&r8 arid In tie ) to GSA an offer t7t u. S. Mail to sign and sutm.i t to ~i:chase for S 7500. 00 certain surplua Feder!L real property located on Bucks Elbow in Albemarl~ County, Yirginiai -and rrorlf fu ly descr bed in the -!t:tached Exhibit A S 750.00 r 10' of Purchase Price) is authorized to be paid to GSJ\ as an earnest I1'Oney depofJ11: with the offer to pJrchase, and $ 6750. 00 is her:eby set:. aside for payment to GSA (Balance ot PurChase Price) 'llhen requested. ~gs(~ (Siynature) (SLgnaturf.t) (CERrIFICA'rION) 1,_) ,.~I. 1 I .,:.1. 1 1.__1 I . ...-J .,__1 ~-J.. .i 1/1 .1.. 1\ C cl j .L:,. ,:c, I.. ':1 I.. C ',.) d j C .:;. .I. I..) 1 V"~lJ I,j l::i 1 FROM: Name 12-RN~~ C,Df'~~ Fax No. '1-0'+'" ~ "2, ,- "'2.1"2.. ( v Phone No.~o~""~~l- ':;2.~~ Location JT2-~ ~A.. , Total No. of Pages I""' Including Cover _ -1 Comments: Date: 6"/11/'1 TO: Name K:.- y -:re; r) Q ~ ~ Fax No. <6"o~-.<t'7~.. J'-~ J Phone No.5o i - '2tt" - 5'-6'1-1 Location ~"'''''/dfA., 11;' J r...../-'IA. ~ Correspondence Symbol ,,- lIU ....1.1_1 II 05~17. 91 07:55 AM *Real Estate Sales P02 "0 March 20, 1991 Ms. Lettie E. Neher Clerk, Albemarle County Board of SuperVisors 401 McIntire Road Charlottesville, Virginia 22901-4596 Re: Bucks Blbow RMLR Site Albemarle County, Charlottesville, Virginia GSA Control No.: 4-U-VA-684 Dear Ms. Neher: Reference is made to the interest of Albemarle County in purchasing the property known as the Buoks Elbow Mountein RMLR Site. The sale price is $13,050 on an all cash basis, with ten percent (10%) earnest money deposit to accompany your offer to purchase. In order to proceed with the transection, we will need the following: 1. A firm offer to purchase the property. Please see the enclosed Offer to Purchase package when preparing your offer. 1P 2. A oashier's or certified check for ~,aO~representing the 10' percent earnegt mon..y deposit. The remaining ~,74S is to be paid upon conclusion of the transaction. 6 7~~ 3. A brief statement describing the proposed USe of the property and the public benefit to be derived from that use. Commencing five (5) days after the date of this letter, a maximum of 30 calendar days is allowed to finalize the negotiations and submit the Offer to Purchase. If we do not receive the Offer to Purchase within the 30 day time frame, we must proceed to a public sale. Should you not wish to finalize this sale, please keep the price confidential. Please contact Ernest Cooper at (404) 331-2368 or me at (404) 331-2698 if you have ~y questions. Sincerely, cc: i.F./R.F./4DR:DRO 4DR:ECOOPER:els:3/20/9ltX2368:Cec/va.684otPl) ~~ lizll fl Betty Lgmmon Chief, Southern Branoh Offioe of Real Estate Sales Encloeure . 0 5.. 1 7. 9 1 07 55 AM *Real Estate Sales P03 lI~SIl G1\Lt" -------.-- OrtEn :ro rune.:"^s.:: "~r" !:1rM"E "tv ^L"'CE:M'l\fk.:t 1. ~~~~~J~~rt ~~~ t t l. .,t!" .._Coul-.1!~l--?L~~~~~__,..._. _.n."'~""JI.""')'.'-I- ("t'llr.,:hl1"nt"), hl!Ptf!by (f; ty, .r;t::H:,., (.;fHlUt:y, (;fmnl""IOlt, fJt Wr VIe"I1 ) f'JfC~t~ to ~'ltdl;'!1t1! Cran t:hf'! "nl t:f!d :Hnt~ or I\rnf!!t' kilt, "ct Jr'.1 hy .:lUd thrwqh th" "'hn{nlr.Jt:r..,t:rl[ of ('~np.t;'tl SP.tvk,,~ f";,I3Uf!tllt, thp. "urplll" pro[..'@tty fonn"rly Imuwn m. nuckn F.Jbov Mr.R Rite -('i8mioCftofWirtyr _L-~_' 4-U-VI\-6M , t~^t:Oil~tol No." con- !i~tin'1 nf "nn:"xhnnt~ly .23 f1er". rm I'm linn Is, wtll!tll! ,,," 1>1"18, 0111 as 'nor! r'"t.t:icultuly "1!!4Ct't~J in till! ;,t:t.i1r;-hrd rlf!fiJ<=rlpt:lQn (F;xhihl I: M. l'lIis dor.."\mtl!llt: 'Nt th F:xhtbl~!It ^ - E:, "11.'11 tw? r:"r",ul!fl tn h't'l!ln,qfbu ~s th~ "Offer to r.urr:'''.'!1~''. 2. T!r.:rng of ('\Jtchnsl! olllwj Sale . ---- . 'I~ 2.1. rutchase rtJco. 1hll tot;]l. ~ltdII'HU' pt Ie.. rot' tllll! pr:o~r ty Is - ."f~ ~~-"d~~~.LJ Iloll... ($ -- 7 SlJ CJ ) rv"y., hi '! l'.;~-; 1 OW!lI ~ y~.. <-.!'/fLi Iloll.,. ($ }7s-o ) r"niH~.1 "r, ",n l!1!t'nl!Ult mom!y dero!'ltt: in H~ 2.". f"tm "t j:1'~'tlr~ chq~k, ~"hl"". check, 0' ~~~~ (.'1_. UJI7S7;J_J \t{"<<m cl.o~il"J ptJtsUllnt to Bul.1';~ctirm 2.4.1. .ri UI! l>::It..iJnIl.mts. UST>f1 ~cC:/'Ipt:111C:1'I of tilt! Of.rl!r. to f'lu:dl.'Jst?, ~onvey- ----.-......._--- r. ""'CI! of t:11l!! ~l1er '8 lnt~t~~t !';h..,u hf'! 'I\o:'fl@ by out tela im ()@E!d, ptovhJl,q t1W! Coll~lt'lf J..2.L. '11,,, tlU@ t:o thp proP'?tty will u-. convp.yed ~ubjp.ct to o!t11 '05..17. 9 1 07:55 AM *Real Estate Sales P04 easements, cOnditions and restrictions of record on the date of Purchaset'~ e~eeution of the Offer ~o Purchaae. 2.2.2. PUrchaser may inspect such abstracts ot title or other: t: i tle paper 8, maps Ot pia 1:8, a. are in seUer t 8 custody c::over:il'"9 t.he property, but SeUer will not be obligated to furnish any contir~ations, later t.itle reports, or title insuranctt, Ot to pay any titllt expenses, esctow fees, Ot other charges pertainin; to ~his transaction. 2.2.3. From the date of teceipt: bv seller of this Offer to Pur- chase, SIller shall not ereat., nor Peeni!: to be created, any l1en, encumbrance, restriction or easement, against the property of atty type or kin:l, .xcept as may b& approved by Purchaser:. 2.3. 1ccept~. '!his Offer: to Purchase shall be fi.tm al'"d cont:inuit'YJ for a period of ninety (90) days flan the dat.e of its receipt by Beller in accordance with ~ri1graph 5 ot GSA Foan 2041 (Exhibit: B). To accept the Ofter to Purchase, seller: shall execute Section S of this doc::unent enti tled "Acceptance of thE! Uni ted States Covernnent", and return one otirlinal of the executed contract to I:he PUrchas@l:'.. This fecei pt by Purchaser of tM executa::! contract shall const! tute '-Notice of J\cc~ptancelt. 2.3.1. rl this offer is with1ulwn by Purchaser befote expiration of the ninety (90) dAY period Ot such longer period as may be nutually llqreEd up'n dur Irq which it: rsnains a continuirq otfe~, and prior to Notice of Acc@ptance, the earnest money deposited by Purchaser may, at Seller's option, be r:etatnt!d by seller "g liquidtiited damages, in 'lihich event .05., 1 7. 9 1 07:55 AM *Real Estate Sales P05 purchaser shall b! tPl iqyed ot all Eurtl.r U.bili t:y t.o Seller. 2.3.2. If Seller does not accept this Offer to Purchase within ninety (90) days of receipt by seller, or such longer period as may be I1IJtu1tlly ayreed u~n, the eltnsst money deposi t: shall be ptOTi'tly returned 1:0 Purchaset' l.1ii thout interest al'd without further liability on the part of either perty to the oth.r. 2.4. Closi~. Wi thin a rNsonable per lad of time and nol:. later t:han 30 days from Purchaser's receipt of the Notice of Acceptance, cIolin; of the transaction contenplated hereby shall be hltld in the Office of Real Estate sal.s, General Services Administration, Atlanta, Georgia. At the Closing: 2.4.1. Purchas.r shall t."do. to Sello.. a ,11l'1l"nt In. th.. ~ Lf. Ife ,,"aunt at c:r~ ~ 4/li.... ~ars 0 'f-t IS ~~-:.("h"!~~.:In:!.-W ~ 2.4.2. selle '~ll deliVet to Putc~as~r. the ~J which shall J. Conditions. have been duly elCecuted an:! a!Jth.nticated ~ authorlol!d officials of soll..~ ~. 3.1. Q;A E'om 204l, "General Tetm!l Applicable to Negotiated Sales" (except for subparagraph 11f(1)-(4) are inco~porated into this Offet to Purchase. f~ver, tenns anl COnditions set fOrth within the body of this Offer to Putchar:le take pr.ecedence and control over similar or conflictinq provi!'iions of (~^ Form 2041. 3.2. The nondiscrimination covenant (Exhibit C) ~hall be incorporated '05.. 1 7. 9 1 o 7 5 5 AM *Real Estate Sales P06 in the languaqe of the Deed. 3.3. If this Offer to Purchase is accepted by the seller and. (1) Seller fails fot any reason to perfocn its obligations as let forth herein, or, (2) Title does not transfer or vest; in the Purchaser for: any reason, although Purchaser is ready, willing, and able to close, Seller shi!ll pranptly refund to Pureha!l@[ all anounts of money Purchaser has paid without int@reAt wher.eul~" Seller shall have no furttwr Uabil i tv to Pw:chaser. 3.4 (In the "vent thh fom is UAf!I{J as the Offer to Purchas@, ple8se initial And insert the date ~sid. each Avigation Clause Which does nol: apply (3.4.1. - 3.4.3.). The absence of initials beside each of these claus.,. will be interptetld that:. the particular clause applies and will be incorporated 1n the language of the deed. Avlgat:ton. 3.4.l. seller reserves unto itself, its succeslors, and assigns, tor the use and benefit of the public, a right of fi ight Eor: the paSsi!I3e of Ai r:eraft in the ai np8c@ above th@ surtace of the real proper ty here in describ!d IJ/ A toqet~r with t~ . igh t to caUse I n said al.space such noise as may be inherent in the operation of aircraft, now known or hereafter: U!'IlI:'I'J for navigation of or fl iqht in the said aits~'ce; for use of said airspace for landing on, taking oft ftam, or op@tating on the airport. J.4.2. Based on coordination betW@en thl! General Services Mrninis- IVI'A tr.tion and tho Fede.al Aviation Administration (FAA) as 05...17.91 N/A 07:55 AM *Real Estate Sales P07 recaT1nended in House Report. N\.II\ber 95-1053, .nti tled ''rAA Determination of 'uo Hazard' tor St:.ruct:ure5 ~~ar Airports," it has been detemined that the only ~lic airport wit:.hin six nautical air miles of thi. property is tht!l AI/A - r ai rp)rt. rAA has been appr iled ot the proposed disp'sal of the property, al'\'J that the Oovernnent's conveyance document: will contain a provision t:hat the grantee, its BUC'ceSBQrB 800 ass igns and .v.t~ successor in interest: to the property herein delCribed, or any p;ltt thereof, must prohibit Any construction Ot alteration on the property unless ft ~et@nninntion of no hazard to air navigation is issued by FAA in accordance wi th 14 en Part 77, "Objects Affec:t:irJJ Navi9sble rdupl!lIce," or under the'.!Iuthorlt:y of the Fedfral Aviation Act of 1959, as amended. 3.4.3. Purchaser expressly 8;r:ees for: itself, it SlX:cessot's, and a8.19nl, to pt'event ;lny use ot the herl!tln described teal property which would interfete with or adversely affect ope~ation or maint~nance of the airport, at atherwis~ cons t1t:l1te an a i [FOt t haZ8 rd. 3.5. Excess t'tofits Clause. The Excess Ptofits Clause (E:xhibit 0) is inc:orp:lrated into this Off.er to Purchase an;3 shall be in:olrorated in the 'language oE the Deed. 3.6. ABsolution. Thera shall be attached to the Offer to Purchase a resolution that will show tilt? official character ar'rl authori ty of l:he acquhit:ion authority of the Purchaser, and the appr:oval 05..'17.91 07:55 AM *Real Estate Sales POB fo~'fundl"Q lor ~'e ~nt of thl! purchAse prIce. Each resolution shaH be duly certHIed undf!r tt"! corpot'ate seal of t:ht! PurchallJer to b! a true copy (Exhiblt: E). 3.1. Inspection. TI,e Purcha!u!r is IJrqed, lnvlt8d, and war:ned to inspect:. th~ prr;Pf?rtV phvnlCAl1V II'" t" t:""..I1U,,", dl!f'lcrtl)t:lon, '1\'l1lity, 'It.UIn!:.ity, .and exact location prior to subnlttir'l1 an off9r. In no cas. will failure to in~pP.c~ const.l tute qrounds Eot' a cIa 1m or for wi~hdt'aw~l of the Offet' ':0 F\lrCMIM after its tendet'll!d. J.8. Il!ScriQl:.ions. 'n,e descript ions of the P~rtv set forth in the Offer: to Purchase and any other lnf~~tio" provl()ed thet'ttln with respect to sai~ rt are based on Inform,tion available to the (iSt'\ sales office ~ at. believed to be correct, bJt any error: ot' anission, includinq but not limited to the anisaion of any lnfotlMtlon available to the custody OYer the property and/or any other Federal i3gen~, shall not con!!t I tute Qt'ound or reason rot" rlOnperfonnancu of the C'Ontt'act of the purchase price. J.9. ([nc!ude Oflly If appllci'tbla) tf "Ppllcl.\ble this langui'ifJe shall be incltJ~ in the lanQUage of the rJ~d. Historic Preservation. TIle IV /A prcperty Is located wi th in the OOul1llari... of the I1lstrict. n,@1 Put'cha~et" agrw~~ to obt:.in Approval ()f thp. (Sl:ate lJale, ot' clalm by Purchas~[' (or .:tllC1AlanC"?, refund, or (~dlJcHon ft."OOI or.- it!! SlIcce!'Jsors in interest prior lIist:.orlc Preservation Off teer to ar~ d~~l~nt of the ~it~. 05.. 1 7. g 1 07:55 AM *Rea Est ate S ale s FOg 3.10. (Include only if applicable) If ~pUcAble, t.hi, clause shall be lncot"por.!lt.ed in th8 IltnquaQe of the deed I P'l00dlna. The property lies in the lOO-ye~r floodplain of the __ "'lit TI.e Purchaser agr""s to cOllt>IV with all Federal, state, and local requlf1t:.lon~ t'f!t'talnlnq to l.,nd Wl" n"d (,"V'!l~tlt of proportit!R sUbJect to f loading. 111ft Purcl""ser and ...11 SUcceSl!IQr'S ghall save the Seller Mnnless in th" f!vent ot d&na~ to or loss of life "r ptopP.rty t'1!~1J 1 t: t rq d l t"l!:'r.t: I y '1t" I ndt feet:! Y Era" f lrnJ l nq. 05.. 1 7. 9 1 07:55 AM *Real Estate Sales P 1 0 " 4 . Authod ty to Purchase. Att~ched 19 a crfrtified cct'Y of the t"'!~lutio" of the Purchaser authori- ri~ing purchase of the prope~y unde~ the terms of this Offer to Purchase. Purch~!!Ier (Legal N3tte 0 ;!lIe~AIJ/<- s-'~~I Da te ' Bys ~~ D An IndividUal D A Partnership 4- (l(pq#,& ^ .oc.,sC'l'5hm . /In(l=r:p~ral18d C] in Sbt:.8 of v ,'ALl ;Ni4: -.d WI'l'NESS : ( TITLE) ('fnu:) 05." 1 7. 9 1 07 55 AM *Real Estate Sales P 1 1 ctRTlflC1\Tt Of' AIJt'HORIZ^TI~ or roROIASER I, ~'e. tf~(bcertifY that 1 .. thtl of the ,~~. Ol!iCIal T1 tie) (el tv, State, unty, nsnad as Put'chJlser herein; that"...,~ ~DW" €- who signed this Offer to Purchase on behal f of the Purchaser was tJ..n_C!~~~N. fO lClal 'n tIe) and on behalf of said by authority of its governing body and t:he ~rch8se is wi thin the !;Cope of its C'orp::u:at19 P=J~rs. (signature of Certilyirq Oflicer) SEAL S. Acce~t:ance ot United States Ooverr~ent. The Offer to (City';, State'"s, County's, CamlfSslcnl3 at' lrldlVlduaI's) Putch'llse, .-Js Sl!t: forth in thl! foregoing "Ot!ee to Pu:r;chasl!I," is hereby Aa:EP't'ED by ard on bEthal f of the Un! ted State' of Pmer 1(.:a this day ot , 19 UH TEO STA'rES OF AMERICA ^ct: inq by ard thJ:ouqh the ^1)HtNtSTRA'roR Of' GEtlERAL SERVICES BY T l'rU: Enclosures (1) F.:xhibi t: "A" - De!Cription of Property (2) E:xhibit "B" - GSA Form 2041 (3) Exhibi t "c" - Nondiscrimil'lation Covenant (4) Exhibit "011 - Excess Ptofits Clause (5) Exhibit "EH - Resolution 05.. 1 7. 9 1 07 55 AM *Real Estate Sales P 1 2 ~ X II [ B ['r ^ O~SCRIPTION OF PROP~RTY .,p,'rflA M,1l) fHlUHfm n,mCntrTION UHI.I I' Jilt r, 1 t e ... . . - -. - . , ^tl lhnt trnr:t or I'nrc@1 or lnrHI ,dlu8ted In lhr. While "811 Ungl"tf?tlnl "I~ttlr.:t: of ^thf?mnr 1 I'! County. VirginiA nn nt'CkA'R F.lbow ~'nunl:l'tltt n,,,' mnr~ rully f'~"r!tlht!f.l 1"1 Inl1""'''1 from a point. belns l't. t.h~ It,t'!'~"~ct:lo" ur ~~1"tI"9 tOfu1 ftml "H', nr'vf,', rrocee(1 S J9 59' r., 61."" [(tel too" point:., ,ullt' ,'oint hetng the I~o'nt 0& heql""''''1, t1H?n~~ U 40 1.1' F:, Hi.O r(!'~t. bo 8 l'loJnl, tlH!'nc@ S 49 ~ 9' w, 1 00 . 0 r e t! t. , 0 A rot" t, U, f! nee S 4 0 11' W, J 00 . 0 fee t: 0 t. 0 I!I ('oint, thf?ncl! R 1~( 4" ,F:, 100.0 rf?nt. lo II rnJnt. th~nc~ N 40 II' p. n .. . 0 r ,., " t. t;'b l h" I IHod h ~ '-' r h" q Inn I n 9 , (: 0 n t A J n I n tJ Inn J 1 0 . " ] ItCttH'I, ,""lP. or lp."", .r.eJ ",art'!n l J'Qn:.".K~l~s.l v~,._r.1gh.t.~.Qt. ."',8Y. rrom n l"nlllt. "~ItHJ nt: "''S nnrth""H'tf.l"Y COtflt't or: the "bove f1~l9r:rlh~,1 I,I"l p!'f'{~r.rf' N 40 II' r., .I~.n ff?l!t: t.o., point. tU!JM9 the pol.,t: ur hp,,,tnnlnfJ ""(1 Oil lh" (~r'!ntr'!rJln~ Or" ,]0 font. wJ(t~ r19ht:- " r -. W fI V f II I'? tH~ f? S .J 9 (1 ~ 9. F: , 4 7. . '6 {,,@ t. loa r 0 I "t, r. 0 n l n 1 n I tHl . 029 ner,,", mnr~ or Ir.nn. 05.. 1 7. 9 1 *Real 07:55 AM Est ate S ale s P 1 3 GENERAL 1'eRMS ,A,prLICADLE ro NEGO T1A reI"' SALES (Surplus Rell property) t. CONDrTlON ~ ,..cpeRTV. Th, D'OOl.,I, 's OllfH4d "AS Is. 1M "Wttlre IS. willlaul ,.,'IU"llhcn, wlrrlnt" or glll'lnl, IS 'A l1Ulnlll" (JUIIIl" filiI, ctt.rleIAr, condlllon. SII'l, Q' I!tnd, or 11'1" nIl' Uml II 11'1 eOl'ldltlon or fll to b' ulld lOt Ihe purpou lor wl\IC" jllt.lld.d. .nd "0 ell.m fa, "', III0WI"el or dldllCIlOIl IJDOI'I slle" IIroundS w,Il b. eOlllidlr'd, 2. OEle"IPTIONI IN 0"1" to PU"o.lAI I!, 'hi dlserlptlons 01 '''. p,opArl, sel fUrlh In the Oll,r 10 Purc"'u ,nd 1111 o''''.r InfOrmltlon "r011U'd ltt,rilll" wllh rUOICI 10 Slid prQPIJrl, Ife b.nd on Inlormlllon '''I",!)II 10 Ihl OSA Ules olflCI If"~ ,rl blll,'.,d 10 bf CO"IICI, till I 11'11 Arror or o",lnlo". il'teludll\O bill nol lImlled 10 1111' O""'U'O" Of '''' inlOl'mfllon 1Vllllble la 'hI IQllne, 111""'0 eUlledy e,,,r thll DrOll.,I, l"dlOt In, Olhllr ""'11111 'OIM,. Ih.1I "0' l:oMIIIllllI orOlJl'td Or rlllSO" 'or nOnoetlormlnc, 01 tll. cO""lel 01 ul,,", or Clllm I)t P\J,elln., lop l"OWltlel, relund. or dldlJCIlOn from Ihll .I'UrCllnl orle.. 2. INSPECTION. OfflrorS "., iFlVIIltd. uroltd. 'nd clullonlel 'n U'l~DeCI III., orOOlll, 10 I)., ~OlrJ pflor 10 SlJtlmilhno 'n Ollllt. fhe failure 01 ,ny Olltt'o, to iI'lSoe~I, or 10 b. IUlI1 ,nlOfmltd II 10 'h. conellllon 0' II' 0' In, portton 0' Ihl ll'OO"r', o'lItrttd. wIn 1'101 eOnltttulft Q,oundS 10' In, cl,.m or dlmlnel lOt IdjUSlmenl or w,lftelllwll of .n oil., .111' it I'll. be.n le"eI'reel, 4. UANUT MONeY' OEJ10Slt. 'h. ollltr mus, 1)8 .eeOml'l'nuII1 b, In Ufnfts. monlt' !leOO$1! in lI\lt Imnun' r"Ol,llrllO by tftiS Ol'lt, 10 P'ltell'u I" III. form of I ter'III"/J CMell, NII'I,Ar', ehlcll, or 00$1" mo"., o,de, (or tS (llh"wISI orO"dtlld lor in 11"$ ()It"r' Mldtt P"llll. 10 ItIlt ord",t 01 ll1e GAn1tr,1 5"r,l<::ft$ A<l",llIls'tlllon. 'Iilurll' 10 So "rOvujl Suell '''1'1''1 mon., ClleoslI SIlII, reQujr.. rIJ,.C/lon 01 11'111 olf..,. IJpon 'ee.p"nc. of 'hI nll"r "," d"1I0sl1 ,h.1I I), 'l)llli.d IQw.r!f ""mill'll 01 Ihlt ollttro,'s obllq'llon 10 1"1 Go.e'''rnl"'. In IIIe "V ttt'l I 'hft Ollltr is ,.,Aelft". Ihl ell"OSII w'" be r"urr'ed. W,lhQuI inleresI, IS I.'Iromoll, IS 1I0Ur!)l, IIIIH r.,echon 01 Ih. oll.r. 5. eONTINUINQ OF'FER. fh" otter .".11 b" lj"'''''11l to !l. , IIrm Ind eonllllll'''9 011., IrOM Ii'll dll. 01 'ltellll)! tlnlll ICCltD'.d or '"j,el"ll by 1111 OO"llIrnmlnll o,o,idftd, howlv'r, Ihll .f1.r 90 dl,I IIlvl tl'aUII IrOM Ii'll all. 01 'lleelOl, '"I oflllrm 1101 h,IIII't9 IIIC."4d lIaltCII O' rtt,'ctlon 11'I1, cOrts,der "11 olfllr re"el'd, .nd if 'II. OO"lfnm..1't1 des,tlS 10 ",cee,,1 'I'IA oft.r Itrtr suell gO -d', D'''OIl. 'hi cons,,,, ~I "'It ol/eror "u"..,o ","' b" obllll'tlel. e. NOTre!! OF ACCEPTANCE OR ~EJECTION. NO'ice tI, Ihe GO'llrnm.n' of aeellot'''CII or rlljltel10n 01 Ih. ofter slllll b.. d..mld '" II"~. blfln 'ulllc''IlIll, O"..n wilen '.lfl3r'''''''''d !'I' milled 10 Ih.. 011110' nr "i, OUl1 .ulhOrited 'lIp'UenlllUA I' 'hI .ddlUS indie'lld in Ii'll Oll.r, 7. CONTRACT. T"e~, 01111"11 Tllrms Appl!CIOllt 10 NeOOhlltd SIIU, tile oll"r, Ind 11'1. aCCeOllnCll IhltllOI. ~hln consl,lulll ~" 10''''11'I11''' !llllw""Rn lne ollllor ,nlj III" OO.ltr"m"n'. S\Jch aqrllRm'l\l s".n r.onslll'J" 11'1. wIIOI, r.QlltrlC' ,~ bit "Jece.dlld O"ly b, IMI 1",11'I" IIISrrum"nls 01 1""51." I,,,IUS m""lIle(l il'! wPlrnq Ind S'O/'llrl tly tlolh OlrllU. No 01,1 IlIlllmen,s or 'lIor "'$flnl~!IOI'tS ".,Idl by. or lor, or 0" :;ENEAAL SERVICES ADMINISlFlA TlON tlIl"'" 01 .",,,,, .,,,It shall tie , 0'" 01 Sucll con'racl, Nor .11I11 Ihe CO"Inel, ar III, 1"11""1 IhllPltln. be "In"."ed or 'UIIJned l1y lilt 011"0' wltllcu' eo"u"t Of 1111 ~"'.r"I"I'III'II. .nd '''' IUlon",e"l IlInStellon WUhO'" I Such eo"Unl Sh,1I tit 'Old. .. RUCIUION, t. 'h' con'rlC' mid. tly ,". ICC.DI.net 01 IlIe O"tr tI, ,,,. 001l'fI",..n, 11'I1, bt "'l'Itm""'d to Ihe Altorn., 0"".,.1 Gr Ih. Ul'IIIlItd SI'I.. 10' "'S Idvlee It 10 wh..her 11111 uf. wtlulll '."d 10 er.... 0' "'Sin'.'" . SIIUIIIO" IneOM'IIInl wlI'" Ii'll 11111"1111 "WI. T". leettPllnel of the offlllt by I". O",.r"m''''1 1'11" b. relejn~llId b, 1111 O"...r"rnlln,. In I"'. lIt,_n' I)1I"VOllbl. 'chlce " 'IU:ltl'ed 110m III. AllOt".., 011'1"11, !I. An Itw"llrlIICI, ~"IIt"""" rH 11111 el'ClJt1IUlneu Of 11111 1l'~ooUd dllllOU! Will "" lub/Olllllll{t to 'he approDfllII eOI""','le.. MIl'll COl'lfrl" !",elute 01 lI'S n'qollaled t:i1l."~I.' lr'ltf '1'11 .,If", ~r""'b" 'hit" nO' be IcelDlld b, Ihe Oo',,"rn.,,' un,,' ."ltr Ille Q,aotlsed (l15POsa' hIS bun COMI<!'!r "., by ~UC:h C/'lmmlllt". HOw.'.r, '1'1 Iny "'"', I", On..""",,,,,. ml, rlSelnd 115 ICe.p'.F1ce II ,n, lime '11~SIll~I..I.n' 10 Ir.r.e"ltnc It an" prior 10 eOn,eYlnce, it it is 'llUn".!)I, d.,.,m,nld tI, 'h. Go.ft'nmllnl .hll SUCh ICliol'! I~ IIJ~tllllld In 'h. IiQI'II 01 Ill" elfl:um~lInCI5 IIlAn pr"'llIno. r.. An, rfSCIUIQn. PllrIUI"' In . or I), IbO.., WIll b. 'N"hOIJI nlblli'. "1'1 Ihe o,rl 0' 1M Oo",nrnenl O,h,r Ihln lr) , l'IJ,n Ih. Ur".'I 1n0M, rltJPOlill WI.hOIlI 'nIIFeSI. t. IlE\lOCATION OF OFHJ:I AND DE1='AULT. 1/'1 11'1.. 1.1t"1 0' "..or.I 1I01'l 0' IhR ,,11,., 11111''' to 4r.r.:ltl1ta"e., or I" the It.'''I 0' an, dllhllll tI, 'h' Off.'Ot In H,,, "IFlarm,nc. 0' thA co",r.cl (I''''IId b, SUCh ,eeAlllIl'le., the dIlPO$II. toOftl"lIr with Iny lu,mefllS ~uM Al'IUII/'lIl, mldlt on tccounl ml, bl 10"lIihtd II 1111 0(1110n of 11'111 00'e,,,m4"I, in whlCIl "'"l'll 11'1. olleror ~hl". 011 rAtI..I'" Irom 'IJrlhlJr IIlbolil" or WllllOul 'orl"II"l! Ii'll \a'r! 11400s11 Ind o.,mlt"II, I"e OOvII'''Menl m.y luil Ilull ,." ,n, l.q'I or 'QuIUblll rlOlllS whlr.h I' ml, ha,. liMit tll. ""'" or con'rlClI. to. OOVERNMENT LI"BtUTY. It 'hi. Oil" 10 PutChlU IS aceeOIl.d by 'hI Seller I"ri~ 111 !hllll' hits to, .ny '4Uon to 0" 10rm lis f)tlhlI100l'l as UI lorrll hllr Illn: or I'" t illlt 120es nQl Irl"S'" 'H "I~l ," It,,, "lllclluer 'or ~'" ',",Uon ~1I11ouO" PIIIC"UII' 's 'ttHh, wlthn~, 'I\a ~lltll '" (lIO~". Sltll.r shall "ramDII, ''''IJlli'l It') P\II r:lln lit all JrnOlJl'I'S of mo"", Purehn., hIS l'~,d ....,thoul 11I1.,.s! NII.'IIUDon Sell"r 5",11 III" "0 II/rlllllr hlb,lit, 10 PurC"IS,r. 1', OTHER TERMS APPLIC"ltlE TO " SALE. I. '\$ !'II I:'" /JIll o' nS\Jmp""" 01 OO$SllUIOn 01 Itll' 1"l:ll'lllFly, Or '''11 Olle 01 CQn,.,."el. WIHCtt,vlf occurs 'tlSI. 'lie ollltror Sttlll USume '"S00"SltI,lil, for Clle IlId hl""lIno tnd III f1slll 01 IOU Or dlmloe 10 tht QrOPlr'1 I"d hi.. III Obli~.IIOM Ind h,tl,Iili.S 01 own.r$hip. b. An1 hlte tViO'.nee WhiCh ma, b. dll$lrld b, tM 0" II' or Will b. D'OI;'Jllld tly him " ''is sole COst Ind II "OftM.. T~. Go,.r"mltl'1l will. ""we',', (lOooe,,'. w;lh 1111. o"itrOr 0' hit .ulhQrtt"d 101/'1' in tllis CO""eClIon. Inr:l \0',,11 Oft""\,1 II'lI"""",On 1"0' il'tSl'ltlc 11/)" Of suctt ellIedS. abWaeU, .,fll1lV1l$ 01 hilA, judOl'llllnlS In cORd.mnlhon I'll oc Ittll'lll'lQS, Or othe, 10ClJm""'s r~I.'rllq '0 Ihe illiG 01 Ihe 1""m,~"S .lId '1'18 PIOO"", InfOI'lId. 'S II ml, hlv, 1,lillble. " " '/l'ttllr $1001 Ih.1 Ihll GO"It'lm,'" w,lI 1'101 bl ObliOlted In ~.~ lor In, .ltll.n~" '''eurrIJ<l ," conn.chOn Willi hlle rnlllttls ()f 'IU"IJ, ,,1 Iht lI'OO.rl,. r:. I)oon nlum01tol't 11 POSUHton 0' Ih. orOotnv, nt COn"lly'l'te. 0' Ihl Pft?OI'l,. Wl'llel'll." OCCurS li"l, thl I'!.C!'A "'_"".. "'^~.. .__. 05." 1 7. 9 1 o 7 5 5 AM *Real Estate Sales P14 EXIUBIT C NON-DlSCRlMIN^TlON COVENANT .. W"WI~ I7"f' n...... I The Putah,.,er covenants for itsp.lf, l~. heir", successors, and assLqns and every successor in lnt:eEfIlst:: to t.he ptoperty h.r:eby conveyed, or any p~Jt't th8reof, that t:h. .aid PU~ch*ser and such heir8; Suc::c~s!Jors, and 81s1qnR l!Ih3l11 not: discriminate upon the basis of race, color, 1:.11qion, national orlqln, or sex 1n the use, occupancy, sale, or leasf!!' of the property, or in their employment. practices eonduet~d thereon. This covenant shall not apply, however, to t:he l.esl! or rllntal of it toom ot: tooms within a family dwelling unl!:1 nor !;hall it apply with respect: to religion to premises used primat:ily tor religious purposes. The unil:ed States of Atnedca 8h<'11 be deemed a benctficiary of t.his covenant without: regard 1:0 whether it remains the owner of any land ot tntf!rest: th.~.in in the tocal i I:y of the property her:eby conveYlid and shalt have lole riqht to "nforce this covenant in any court of compe~ent juri~diction. 05..17. 9 1 07 55 AM *Real Estate Sales P15 .:xnlBIT [) ~XC~S9 PROFITS CL^USE (a) Thl8 eov~"~nt .hall run with the land for 8 p~r\od of 3 Y~At~ from th~ d~t~ o~ conv.y""e4. wl~h t~~p~ct ~o th~ prop~t~y f1p.~C'ttbp.d 'n thill. "....f', It ,.t. -""y Hm" wit:hl" " ]-Yf!lI"r rf!llr.ind e t om the d .. l:. '! 0 f t t II n I) fer 0 f t U: 1 .. by the f] r II n tar;, t h fI! G r " n ~ '!lI! , or Its SUCCQSsot9 or aS819n8, ,hill ~@ll or .ntet: into aqr@@m@nts 1:0 IIld! th. property, either in 8 "Ingle transaction or in a !ll!rte!l of tt:an!l,t)ctlon8, It is COVf!nAnted and .1gr:..d thl!lt all proce~d!l r~e~lv~~ nt to h. r.e~lv@d In qxc.~ft of th~ Gt~"tfl!~'8 or a gub~@qu~n~ s@ll~r;i8 sctuAl ~110w"bl~ cOlts will b~ remItted to the Grantor. In f:.hf!l lIvp.nt or A !!nl.. of le!!!! l:hRn the entire prop@rty, Aetual 8l1ow8bl. east!! will be Apportioned to the property b;!l8ed on . r.lr IIJInd r.IHlIonnbl. dflter.",lnatlon by l:.he Grl!lntor. (b) Fnr putPOR.." of th18 cav~nAnt, the Grl!lntf!p.'s or a 9ubeequ@nt A4118r'. .1lo~abl. eost8 ~hAll Inelud@ the following! . (1) The purchase price of thf! rIal pr:opetty~ ('-) Th~ dlr~ct C'O!llt!'t <lC'tu...lly Inc:urred ~"d pl'lld tor improvem~nt~ Which ~~tve only th@ prnp@cty, Including tn...~ cnngtructlon, s~or~ and sanitAry !lI"WPt construction, oth~r public f~cilltle9 or utility construction, building tehablllt~tlon and d~molltlon, l~"d~c...plng, gradIng, and othe~ ~lte or public lmp~ovt!mt!nt;~: (1) Th'! cHt@ct co~tfl i'le~I1"lly tncurrftd .:Ind pi'd~ for degign and @nqlne~[lng ~~rvlc~9 with r~Ap@ct to the Improv~ments de9crlbed in (b) (2) of this sp.ctlon: <lntl (4) 1'h@ finance ch;u1~!t .:tr.t'.'J...lly incur.red anfJ paid in conjunctIon with lo...ng obt:.tlnp-d to ~~~t ,!lny of the ...llowl'lble costs enum..r"t~d above. (c) Non@ of the 8110wAble co~t~ ~~9ctlb"d in p...ragr...ph (b) of thi~ ~"c~lon will b@ d@ductlbl~ if d~f[8y"d by Federal grant8 or If u8ed ~g m"~chlng fund8 to 99C'UtP- F@der~l 9rants. (d) In order to v-.rlfy eompll...nc'! ~lth th@ t@rmg and condltlong of thl9 covenant, the Grant~~, or It~ SUCC~AAors or agslgng, shall subml~ an annual r@port for 83Ch of th@ subsequent 3 y@arg to th@ Gr~ntor on th@ annlver9ary date of ~hls deed. ~ach report wltl Id.ntlfy the property lnvolv~ In thlg tran!l...ctlnn .:tnc1 will cont;lln !luch nf t:h~ following ltel1l!ll of informatIon ~9 ar@ applleable at th@ tlm@ of !lubmlsglon~ (1) ^ d@scrlpl:.lon of each portion ot the property that o 5.' 1 7. 9 1 07 55 AM *Real Estate Sales P 1 6 -2- has been r..old, (2) The sale price of eAch .uah resold portion, ( J) TI1.-, I d Pon t I ty 0 f fHU-:h pu r e'lulfuu: , (4) The propoluld land IHU!, Ind (~) An .nuMet~tlo" of ftny allowable COlts incurred and p~ld th.,t would off'lIt ""Y t.IILlZ~t' prof'lt. If no resale has b..n mftde, th~ r4port shall so state. (.) The Grantor may monitor the property and inspeet records relBted t:.htu'.to to en~\Jrg eomplIenee with the terms and condltl"nfl or thlll covf!"",nt And m"'y tlllke any actions whleh it de@ms t..o"on~bl. And prudent to r.eover any Axees. profits realized throuqh the resale of th@ prop~rty. , o 5:' 1 7. 9 1 07:55 AM *Real Estate Sales P 1 7 E:.XHlBt'r p; RESOLl1l'trn ~)., tbe (11(~ If ;4/k-,~;( l. . pollticol oubdlviolon of ""0 Stot. oC ~~Ari~ . · This eesoiution. adc9ted A4tL IS- ~ . suther i... ~nth, u.~y, 'tear ?t! I3DOf)j<.- - q:""i .tA<r(~'; to sion and sutmit (N4it8 a 'r1tle) to GSf' an offer by 1/S-, ~,.4-/ I t.o ~rchase for s 15rJ(J' ~N ~II~S 8~t4I 4. m r 10' of Purchase certain surplWl Feders,l/, real pr~rty located ~"Io v 1/Uf,'lI[i fA . ,- ~ ~MIt.. and 'it,rl! euny described in the .!ttached Exhibit $ is authorized to be paid to GSA as an Price) earnest money de~1t with tho offer to purchase, and $ G 7s-lJ . 1a her:ebV set aside for payment to GSA (Balance o1~Chage Price) \\then requested. (Signature ) (Signature) (8 19naturlJ) (C!R'rI F I CA'rI ON ) ~: tf r-m /'2AZr.Y~~ E/ /1/.C's/ a c7/'CC^--- ,,'4Y7l ~ft ~ J~ ;/ /?Z- 7 k/ ~~/ 6C-?7 ~ r~ :a~~~ ~ '- ,y7' .~~ ~~PI #~7~~~ ~ ~-JI -;l47?~ ~ ~~ p "- "-~ ~?U.~ ~. // .4~~?lI~ ~7/ ~~ /hW(~ f~~ ~ / It ~C;{'5 E /~t1 ~ /tl!f ~ ~' F/~ t/ stir /?l' '\ General Services Administration, Region 4 75 Spring Street Atlanta, GA 30303 March 20, 1991 / ", , ' <'1' r!f ( ,- , Ms. Lettie E. Neher Clerk, Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, Virginia 22901-4596 i i.; r. I ~, " ! IVi,,\;.; 2.5 (,{ ;'11 ~: Re: Bucks Elbow RMLR Site Albemarle County, Charlottesville, Virginia GSA Control No.: 4-U-VA-684 I' " .~, .' ' Dear Ms. Neher: Reference is made to the interest of Albemarle County in purchasing the property known as the Bucks Elbow Mountain RMLR Site. The sale price is $13,050 on an all cash basis, with ten percent (10%) earnest money deposit to accompany your offer to purchase. In order to proceed with the transaction, we will need the following: 1. A firm offer to purchase the property. Please see the enclosed Offer to Purchase package when preparing your offer. 2. A cashier's or certified check for $1,305 representing the 10% percent earnest money deposit. The remaining $11,745 is to be paid upon conclusion of the transaction. 3. A brief statement describing the proposed use of the property and the public benefit to be derived from that use. Commencing five (5) days after the date of this letter, a maximum of 30 calendar days is allowed to finalize the negotiations and submit the Offer to Purchase. If we do not receive the Offer to Purchase within the 30 day time frame, we must proceed to a public sale. Should you not wish to finalize this sale, please keep the price confidential. Please contact Ernest Cooper at (404) 331-2368 or me at (404) 331-2698 if you have any questions. Sincerely, -l>~-'t~ rBetty Lemmon Chief, Southern Branch Office of Real Estate Sales Enclosure "0\ SII S1\LE" OFFER TO PUROfASE REAL ESfATE J\N) ACCEPTMl.:E 1. Subject Pror;erty. 'I11e City of New Castle (" Purchaser"), hereby (City, State, County, Commission, or Individual) offer s to [Xlrchase fran the Un! too States of 1\merica, act irl1 by and throogh the l\dministrator of General Services ("Seller"),. the surplus property foonerly known as u.s. Marine Corps Reserve Cente~ , (Name of pror;erty) 4-N-PA-740 , con- (GSA Control No.) sisting of approximately 1.61 acres on an "as is, where is" basis, all as more rorticularly described in tile attachoo description (Exhibit A). This document wi th Exhibi ts A - E, shall be referroo to hereinafter as the "Offer to Purchase". 2. Terms of Purchase am Sale . 2.1. Purchase Price. 'Itle total purchase price for the property is Dollars ($ payable as follows: Dollars ($ rani ttaj as an earnest money de~si t in the fonn of a certified check, cashier's check, or postal money order. Dollars ($ ) upon closing pursuant to subsection 2.4.1. 2.2. Title Documents. Upon acceptance of the Offer to Purchase, convey- ance of the Seller's interest shall be made by QUitclaim Deed, providil'l;J the followi~: 2.2.1. The title to the property will be conveyed subject to all easements, conditions and restrictions of record on the date of Purchaser's execution of the Offer to Purchase. 2.2.2. Purchaser may insFeCt soch abstracts of title or other title papers, maps or plats, as are in Seller' scustody coverin:J the property, but Seller will not be obligaterl to furnish any continuations, later title reports, or ti tle insurance, or to pay any title expenses, escrCM fees, or other charges pertaining to this transaction. 2.2.3. Fran the date of receipt by Seller of this Offer to Pur- chase, Seller shall not create, nor pennit to be created, any lien, encumbrance, restriction or easement, against the property of any type or kioo, except as may be approved by Purchaser. 2.3. lcceptance. 'tt1is Offer to Purchase shall be finn aoo continuing for a period of ninety (90) days fran the date of its receipt by Seller in accordance wi th paragraph 5 of GSA Form 2041 (Exhibi t B). To accept the Offer to Purchase, Seller shall execute Section 5 of this docunent entitled "Acceptance of the Uniterl States Goverl'1tlent", and return one original of the executed contract to the Purchaser. This receipt by Purchaser of the executerl contract shall constitute "Notice of Acceptance". 2.3.1. If this offer is withdrawn by Purchaser before expiration of the ninety (90) day period or such longer period as may be rrutually agreed upon during which it remains a continuing offer, and prior to Notice of Acceptance, the earnest money deposited by Purchaser may, at Seller's option, be retained by Seller as liquidated damages, in which event purchaser shall be relieved of all further liabili ty to Seller. 2.3.2. If Seller does not accept this Offer to Purchase within ninety (90) days of receipt by Seller, or such longer pericd as may be ltUtually agreed up:m, the earnest money dePJsi t shall be pranptly returned to Purchaser wi thout interest am wi thout further liabili ty on the part of ei ther party to the other. 2.4. Closin::J. Within a reasonable pericd of time and oot later than 30 days from Purchaser's receipt of the Notice of Acceptance, closing of the transaction contemplated hereby shall be held in the Office of Real Estate Sales, General Services Administration, Atlanta, Georgia. At the closing: 2.4.1. Purchaser shall tender to Seller a payment in the amount of Dollars ($ ) . 2.4.2. Seller shall deliver to Purchaser the Deed which shall have been duly executed am authenticated by authorized officials of Seller. 3. Conditions. 3.1. rnA Form 2041, "General Terms Applicable to Negotiated Sales" (except for subparagraph llf(l)-(4) are incorPJrated into this Offer to Purchase. However, tenns ani condi tions set forth wi thin the body of this Offer to Purchase take precedence and control over similar or conflicting provisions of GSA Form 2041. 3.2. The nondiscrimination covenant (Exhibit C) shall be incorPJrated iliA in the language of the Deed. 3.3. If this Offer to Purchase is accepted by the Seller and: (1) Seller fails for any reason to perfoon its obligations as set forth herein; or, (2) Ti tie does not transfer or vest in the Purchaser for any reason, although Purchaser is ready, willing, and able to close, Seller shall pranptiy reftmd to Purchaser all anounts of money Purchaser has paid without interest whereupon Seller shall have no further liability to Purchaser. 3.4 (In the event this foon is used as the Offer to Purchase, please ini tial and insert the date bes ide each Avigation Clause which does not apply (3.4.1. - 3.4.3.). The absence of initials beside each of these clauses will be interpreted that the particular clause applies and will be incorporated in the language of the deed. Avigation. 3.4.1. Seller reserves unto itself, its successors, and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or fl ight in the said airspace; for use of said airspace for landing on, takirg off fran, or operatirg on the airport. 3.4.2. Based on coordination between the General Services Adminis- tration and the Federal Aviation Administration (FAA) as N/A N/A recannended in House Report Number 95-1053, entitled "FAA Oetennination of 'No Hazard' for structures Near Airports," it has been detenninoo that the only public airport wi thin six nautical air miles of this property is the IV/A . airport. FAA has been apprisoo of the proposed disp.:>sal of the property, and that the Government's conveyance document will contain a provision that the grantee, its successors and assigns and every successor in interest to the property herein described, or any p3rt thereof, must prohibit any construction or alteration on the property unless a detennination of no hazard to air navigation is issued by FAA in accordance with 14 CFR Part 77, "Objects AffectirJ;} Navigable Airspace," or under the authority of the Federal Aviation Act of 1958, as amende:]. 3.4.3. Purchaser expressly crjrees for itself, it soccessors, and assigns, to prevent any use of the herein described real property which would interfere with or adversely affect operation or maintenance of the airport, or otherwise constitute an airport hazard. 3.5. Excess Profits Clause. The Excess Profits Clause (Exhibit D) is incorporate:] into this Offer to Purchase and shall be incorporate:] in the language of the Deed. 3.6. Resolution. There shall be attached to the Offer to Purchase a resolution that will show the official character and authority of the acquisition authority of the Purchaser, and the approval for funding for the amount of the purchase price. Each resolution shall be duly certified under the corporate seal of the Purchaser to be a true copy (Exhibit E). 3.7. Inspection. The Purchaser is urged, invited, and warned to inspect the property physically as to condition, description, quality, quantity, and exact location prior to submitting an offer. In no case will failure to inspect constitute grounds for a claim or for withdrawal of the Offer to Purchase after its tendered. 3.8. Descriptions. The descriptions of the property set forth in the Offer to Purchase and any other information provided therein with respect to said property are based on information available to the GSA sales office and are believed to be correct, bJt any error or anission, including bJt not limited to the anission of any information available to the custody over the prq;>erty and/or any other Federal agency, shall not constitute ground or reason for nonperformance of the contract of sale, or claim by Purchaser for allowance, refund, or deduction from the purchase price. 3.9. (Include only if applicable) If applicable this language shall be included in the language of the deed. Historic Preservation. The ~;lA property is located within the boundaries of the District. The Purchaser agrees to obtain approval of the (State or its successors in interest prior Historic Preservation Officer to any development of the site. 3.10. (Include only if applicable) If applicable, this clause shall be incorporated in the language of the deed. Flooding. 1l1e property lies in the 100-year floodplain of the I\f~Af The Purchaser agrees to comply with all federal. state, and local regulations pertaining to land use and development of properties subject to flooding. The Purchaser and all successors shall save the Seller harmless in the event of damage to or loss of life or property resulting directly or indirectly from flooding. 4. Authority to Purchase. Attached is a certified ccpy of the resolution of the Purchaser authori- rizing purchase of the property under the terms of this Offer to Purchase. Purchaser (Legal Narre of City, State, County, Carmission, Individual) !:ate By: (To be signed by Official to conduct all negotiations with GSA by governing body resolution.) A Corporation - Incorporated D An Individual c=J A Partnership c=J in State of WIWESS: ( TITLE) (TITLE) CERTIFICATE OF AlJI'HORIZATIOO OF PURCHASER I, certify that I am the {Secretary or other of the (City, State, County, Commission or Individual) Official Title) named as Purchaser herein; that who signed this Offer to Purchase on behalf of the Purchaser was then (OfflcIal TI tle) that said Offer to Purchase was duly signed for and on behalf of said (City, State, County, Commission or IndivIdual) by authority of its governing body and the p.rrchase is wi thin the scope of its cortxJrate txJwers. (Signature of Certifying Officer) SEAL 5. Acceptance of United States Governnent. The Offer to (City's, State's, County's, Commission's or Individual's) Purchase, as set forth in the foregoing "Offer to Purchase," is hereby ACCEPTED by and on behalf of the United States of America this day of , 19 LNI TED STh TES OF AMERICA Acting by and through the ADMINISTRATOR OF GENERAL SERVICES BY TITLE Enclosures (1) Exhibit "A" - Description of Property (2) Exhibit "B" - GSA Form 2041 (3) Exhibi t "c" - Nondiscrimination Covenant (4) Exhibit "0" - Excess Profits Clause (5) Exhibi t "E" - Resolution GENERAL TERMS APPLICABLE TO NEGOTIATED SALES (Surplus Real Property) 1. CONDITION OF PROPERTY. The properlY,s offered Wllhout represenlallon, warranly. Qualily, 1I11e, characler, condillon. same IS in condillon or fil 10 be which intended, and no claim deducllon upon Such groundS will "As IS. and "Where Is. or guaranly as 10 Quanllly, Size, or kind, or lhal Ihe used for Ihe purpose for for an~ allowance or be consider ed. 2. DESCRIPTIONS IN OFFER TO PURCHASE. The descriplions of Ihe properly set forth in the Offer 10 Purchase and any other information provided therein wllh respeCI 10 said property are based on informalion available 10 Ihe GSA sales office and are believed 10 be correcl. bul any error or omiSsion, including but not limlled 10 Ihe omission of any informallon available 10 lhe agency haVinG custody over Ihe properly and/or any olher federal agency, snail not conSlltule ground or reason for nonperformance of Ihe conlract of sale, or claim by Purchaser for allowance, refund, or deducllon tram the . purchase price. 3. INSPECTION. Offerors are invlled. urged, and caulioned to Inspect the properly to be sold prior to submitllnO an 0 ff er. The 'allure of any offeror 10 inspect, or to be fully Informed as to the condillon of all or any par lion of the propll11y offered, will nOI conslilule grounds for any claim or demand for adjustmenl or wllhdrawal of an offer afler il has been lendered. 4. EARNEST MONEY DEPOSIT. The offer must be accompanied by an earnest money deposll in Ihe amount reqUired by IhiS Offer 10 Purchase In Ihe form of a cerlified check, cashier's check, or postal money order (or u otherwise prOVided for in this offer) made payable 10 the order of Ihe General Services Adminlstralion. Failure to so prOVide such earnest money depOSIt shall require re jeclion of the offer. Upon acceplance of Ihe offer the deposit shall be applied toward paymenl of Ihe offeror's Obligalion 10 Ihe Governmenl. In Ihe evenl the offer is relected, the deposll Will be relurned, Wllhoul 'nlereSI, as promptly as Poss'ble after relectlon of the offer. S. CONTINUING OFFER. The offer Shall be deemed 10 be a firm and conllnuing offer from the date of receIpt until accepted or rejected by Ihe Government: provided, however, lhat after 90 days have elapsed from the date of receiPt, Ihe offeror not having receIved notice of releclion may consider hiS offer relected, and il Ihe Government deSires to accepl Ihe offer afler SuCh 90 -day periOd, Ihe consenl of Ihe offeror Iherelo Shall be oblalned. 6. NOTICE OF ACCEPTANCE OR REJECTION. Nolice by Ihe Government of acceplance or rejecllon of Ihe offer shall be deemed 10 have been sufficlenlly gIven when lelegraphed or maIled 10 the offeror or his duly aulhorized representalive at Ihe address indicaled in Ihe offer. 7. CONTRACT. These General Terms Applicable to NegOllaled Sales, the offer, and the acceplance thereof. shall ConSlltute an agreement between Ihe offeror and the Governmenl. SuCh agreement shall conSlllute the whole contract to be succeeded only by the lormal ,nstruments of Iransfer, unless modified in writing and Sloned by bOlh par lies. No oral stalemenlS or representalions made by, or for. or on GENERAL SERVICES ADMINISTRATION behalf of ellher parly shall be a pari of SUCh cOnlracl. Nor shall Ihe contract, or any inlereSI Ihereln. be transferred or aSSIgned by the offeror wilhoUI consent of Ihe Government. and any asslgnmenl Iransaclion Wllhoul such consenl shall be VOId. 8. RESCISSION. a. The contract made by Ihe acceptance of the offer by Ihe Government may be Iransmllled 10 Ihe Allorney General 01 Ihe United States for his advice as to whether Ihe sale WOuld tend to create or mainlain a situalion inconSistent wilh Ihe antllrust laws. The acceptance of Ihe otfer by lhe Governmenl may be reSCinded by Ihe Government, in Ihe even I unfavorable advice is received trom Ihe Allorney General. b. An explanatory stalement of Ihe clrcumSlances of lh9 proposed dIsposal WIll be submllted 10 Ihe apprOPrlale commlllees of Ihe Conoress because of ItS negollaled character and Ihe offer probably Will not be accepled by Ihe Government until aller Ihe proposed disposal has been conSidered by such commttlees. However, in any evenl, Ihe Governmenl may reSCInd its acceptance al any lime subseQuenl 10 acceplance and prior 10 conveyance, if il is reaSonably determined by the Government Ihat Such action 's Justified in the liOhl of Ihe circumstances Ihen prevallino. c. Any reSCISSion, pursuanl 10 a or b, above, Will be Wllhout liability on the part of the Government other than 10 relurn Ihe earnest money depoSl1 Without inlereSI. 9. REVOCATION OF OFFER AND DEFAULT. In the event of revocation of Ihe offer prior 10 accePlance, or ,n Ihe evenl of any default by Ihe offeror ,n the perlormance of the conlract crealed by such acceptance, the depoSlI, together wllh any payments subseQuenlly made on accounl may be lor felled at Ihe optIon of the Government, In whIch evenl the offeror shall- be relieved from furlher liability, or wlthoul for felling the said deposit and payments, Ihe Government may avail I.self of any leoal or eqUitable rights which II may have under Ihe offer or contract. 10. GOVERNMENT LIABILITY. If thiS Of ler to Purchase ,s accepled by Ihe Seller and: (1) Seller lalls for any reason 10 perform its obligation as set forth herein: or (2) Tille does nOI Iransfer or -est ,n Ihe Purcnaser for any reason althougn Purcnaser IS ready, WIlling, and aOle 10 Close. Seller shall promplly refund 10 Purchaser all lmounlS of money Purchaser has paid Wllhoul .nlerest .Nllereupon Seller Shall have no turther habllity 10 PurChaser. 11. OTHER TERMS APPLICABLE TO A SALE. a. As of I;'e dale of aSsumpllon of POSSeSSIon of Ihe property, or Ihe date of conveyance. whIchever occurs firSt. Ihe offeror snail assume responSibIlity for care and handling and all rlslcS of loSS or damage to Ihe property and have all Oblioatlons and liabilities 01 ownership. b. Any lille eVidence which may be deSired by Ihe olferor Will be procured by hIm at his sole COSt and expense. The Governmenl Will, however, cooperale wilh Ihe offeror or hiS aulhoFlled agenl in Ihis connection. and will permil examrnatlon and inspection of such deeds, abstracts, affidavits of tille, JudgmenlS in condemnation proceedings. or olher documents relallng to the lille 01 Ihe premises and Ihe property ,nvOlved, as .1 may have available. It is understood Ihat Ihe Government WIll not be obligaled 10 pay 'or any expense ,ncurred In connection Wllh rIlle mailers or survey of rile property. c. Upon aSSumption Of possession of Ihe properly. or con-eyance of Ihe property, whichever occurs Itrst. Ihe GSA FOI'lM 2041 (I'lEV. 5-88) EXHIBIT C NON-DISCRIMINATION COVENANT The Purchaser covenants for itself, its heirs, successors, and assigns and every successor in interest to the property hereby conveyed, or any part thereof, that the said Purchaser and such heirs, successors, and assigns shall not discriminate upon the basis of race, color, religion, national origin, or sex in the use, occu pancy , sale, or lease of the proper ty, or in the i r empl oymen t prac t ices conduc ted thereon. Thi s covenan t shall no t apply, however, to the lease or rental of a room or rooms wi thin a family dwelling unit; nor shall it apply with respect to religion to premises used primarily for religious purposes. The United States of America shall be deemed a beneficiary of this covenant wi thou t regard to whether it rema ins the owner of any land or interest therein in the local i ty of the property hereby conveyed and shall have sole r igh t to enfo rce th i s covenan tin any court of competent jurisdiction. EXHIBIT D EXCESS PROFITS CLAUSE (a) This cov~nant shall run with the land for a p~riod of 3 y~ars from the date of conveyance. with respect to the property described in this deed, if at ~ny time within a 3-year period from the date of transfer of title by the Grantor, the Grantee, or its successors or a9signs, shall sell or enter into agreements to sell the property, either in a single transaction or in a series of transactions, it is covenanted and agreed that all proceeds received or to be received in excess of the Grantee's or a subsequent seller's actual allowable costs will be remitted to the Grantor. In the event of a sale of less than the entire property, actual allowable costs will be apportioned to the property based on a fair and reasonable determination by the Grantor. (b) For purposes of this covenant, the Grantee's or a subsequent s~ller's allowable costs shall include the following: (1) The purchase price of the real property; (2) The direct costs actually incurred and paid for improvements which serve only the property, including road construction, storm and sanitary sewer construction, other public facilities or utility construction, building rehabilitation and demolition, landscaping, grading, and other site or public improvements: (3) The direct costs actually incurred and paid for design and engineering services with respect to the improvements described in (b) (2) of this section: and (4) The finance charge9 actually incurred and paid in conjunction with loans obtained to meet any of the allowable costs enumerated above. (c) None of the allowable costs described in paragraph (b) of this section will be deductible if defrayed by Federal grants or if used as matching funds to secure Federal grants. (d) In order to verify compliance with the terms and conditions of this covenant, the Grantee, or its successors or assign9, shall submit an annual report for each of the subsequent 3 years to the Grantor on the anniversary date of thi9 deed. Each report will identify the property involved in this transaction and will contain such of the following items of information as are applicable at the time of submission: (1) ^ description of each portion of the property that -2- has been resold; (2) The sale price of each such resold portion; (3) The identity of each purchaser; (4) The proposed land use; and (5) An enumeration of any allowable costs incurred and paid that would offset any realized profit. If no resale has been made, the report shall so state. (e) The Grantor may monitor the property and inspect records related thereto to ensure compliance with the terms and conditions of this covenant and may take any actions which it deems reasonable and prudent to recover any excess profits realized through the resale of the property_ EXHIBIT E RESOLlITIaJ NO.. The of is a political subdivision of the State This ~esolution, adopted authorizes (Month, Day, Year) (Narre and T i tle ) to GSA an of fer by to plrchase for S certain surplus Federal real property located and rrore fully described in the attached to sign and submit Exhibit S is authorized to be paid to GSA as an (10% of Purchase Price) earnest rroney deposit with the offer to plrchase, and S is hereby set aside fo~ payment to GSA (Balance of Purchase Price) '..,hen ~equested. (Signature) (Signature) (Signature) (CERTIFICATION)