71-88cs*For. 10ffice u~ onl~ *
~ ~ ........... ,
*REVIEW BY P.C. *
APPLICATION FOR AMENDMENT TO THE
CHESTERFIELD COUNTY ZONING ORDINANCE
1)
Th9 fo!low!n$ information is_t0 be _t~ped or printed
A) NAME OF APPLICANT: .Fairfield Development Cpmpany ......
B) MAILING ADDRESS: Y003 Monument Avenue.,.Richmond,.¥irgiui.~L25226
C) TELEPHONE NO.: 288_0049
D) NAME OF PRESENT OWNER OF PROPERTY ON WHICH THIS REQUEST WILL
OCCUR: Esther Smith
c/o Helen Roberts
E) MAILING ADDRESS: 19 Atkins Avenue, Ashbury Park,..N..J_..
F) TELEPHONE NO.:
IF THE APPLICANT IS NOT THE OWNER OF THE PROPERTY IN QUESTION,
EXPLAIN: (Copy of pending contract or option agreement shall
be attached hereto and made a part of this application.)
Applicant_ ~.. has. ,. co. nditional· . . purchase contract 9n propert~y -- copy
of contract attached.
3)
LOCATION OF PROPERTY IN QUESTION
(Following information to be obtained by the applicant
from the Office of the County Assessor)
A) MAGISTERIAL DISTRICT Clover Hill B) TAX MAP NO. 29-6(1)
C) SEC. NO. D) SUBDIVISION NO. E) BLOCK NO.
F) LOT OR PARCEL NO. .% G) STREET ADDRESS
-A PLAT OF THIS PROPERTY SHALL BE ATTACHED HERETO AND MADE A PART
OF THIS APPLICATION SHOWING THE FOLLOWING:
LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION
DIMENSIONS OF SITE
(PAGE 1)
THE PETITIONER REQUESTS THAT THE ZONING ORDINANCE BE AMENDED TO
RECLASSIFY THIS PROPERTY FROM a~ric~%tural
NO./NAME
TO R-2
NO./NAME
5) STATE THE REASON FOR THIS REQUEST: Aoolicant wishes to construct
mnltf-*smf]y dwellings oD subject parcel.
6)
7)
STATE HOW THIS REQUEST WILL NOT BE MATERIALLY DETRIMENTAL TO
THE ADJACENT PROPERTY OWNERS OR THE SURROUNDING NEIGHBORHOOD:
The adjacent property and surrounding neishborhood is residential
in character and P0~ agricul~ural,--,residential z0nin$ ~oMld ,,,
meet the needs,,,of proper_~planning and.,is the. highest and best
use of this property,.
STATE ANY EXISTING USE PERMIT OR VARIANCE GRANTED PREVIOUSLY ON
THE PARCEL IN QUESTION:
NONE
8) EXISTING LAND USE:
Agricultural
(PAGE
9)
GIVE NAMES OF ALL OWNERS ADJACENT, ACROSS THE ROAD OR HIGHWAY
AND FACING THE PROPERTY AND ANY OWNERS ACROSS ANY RAILROAD RIGHT
OF WAY FROM SUCH PROPERTY. IN THE EVENT~THE PROPERTY AFFECTED
IS SITUATED AT OR WITHIN 100 FEET ON THE INTERSECTION OF ANY
TWO OR MORE ROADS OR HIGHWAYS, AT OR WITHIN ONE HUNDRED FEET
OF THE INTERSECTION OF ANY ROAD OR HIGHWAY WITH A RAILROAD RIGHT-
OF-WAY OR AT OR WITHIN ONE HUNDRED FEET OF THE INTERSECTION OF
· ..THE RIGHTS-OF-WAY OF ANY TWO RAILROADS, GIVE NAMES OF PROPERTY
OWNERS AT ALL CORNERS OF ANY SUCH INTERSECTION.
A) PROPERTY OWNER'S NAME: Mlla g. Coleman
B)
MAILING ADDRESS:
29-6
TAX MAP NO.:.(1)
BLOCK NO.:
1225 Statview Lane,. Ri. chmond., vir$inia
SEC. NO.: SUBDIVISION NO.:
LOT OR PARCEL NO.:
PROPERTY OWNER'S NAME: Arthur Coleman
c/o Ella K. Coleman
MAILING ADDRESS:i~5 ~t~V~w l,~ne: R~hmond~ Vir~i~
29-6
TAX MAP NO.: ,(1) SEC. NO.: SUBDIVISION NO.:
BLOCK NO.:
PROPERTY OWNER'S NAME:
LOT OR PARCEL NO.: 10
D)
Helen Roberts
MAILING ADDRESS: 1209 Statview Laqe, .Richmond, Virginia
29-6
TAX MAP NO.: j~ SEC. NO.: SUBDIVISION NO.:
BLOCK NO.:
LOT OR PARCEL NO.:
7-1
PROPERTY OWNER'S NAME:Doug]as Ray and Jacquelyn R. Johnson,
MAILING ADDRESS: l?l? gtarview L~ne~ Richmond~ Virzinia 2q225
29-6
TAX MAP NO.: .il.l_ SEC. NO.: SUBDIVISIONNO.:
BLOCK NO.:
LOT OR PARCEL NO.:
7-2
(P6GE 3)
E) PROPERTY OWNER'S NAME: Jnbn Bland _.F, utate
F)
G)
H)
I)
J)
MAILING ADDRESS:
29-6
TAX MAP NO.: (1)
BLOCK NO.:
c/o Mrs. Mabel H. Bentley
]9 Atkfns :6ve~u~~ ~sbb~y.p.~ ~.j_
SEC. NO.: SUBDIVISION NO.:
LOT OR PARCEL NO.: 6
PROPERTY OWNER'S NAME:__Ben.iamin F. and Angle Broqk.s .
MAILING ADDRESS: 1114 Star~iew Lane, Richmond, Virginia
TAX MAP NO.:.(1) SEC. NO.: SUBDIVISION NO :
BLOCK NO.: ........ LOT OR PARCEL NO.: 5
PROPERTY OWNER'S NAME..;... Sumner..G. Madden
MAILING ADDRESS: p. O. Box 8082, Richmond, Virgi. nia
29-~6 "' '
TAX MAP NO.: (1) SEC. NO.: SUBDIVISION NO.:
BLOCK NO.: ..... LOT OR PARCEL NO : 4
PROPERTY OWNER'S NAME: _Irene Schlqss Esta~
c/o Southern Bank & Trust Compan~
MAILING ADDRESS: 2nd & Grace Street. Richmond Vir~lnia 2q219
29-6 ........ '
TAX MAP NO,: (i) SEC, NO.: .... SUBDIVISION NO.
BLOCK NO.:... LOT OR PARCEL NO,: 11-1
PROPERTY OWNER'S NAME' ~ Irene E. Tischler
MAILING ADDRESS: 6207 Patterson Avenue~ Richmond~Vir~Inia 2~226
29--]'0 .......... , ....
TAX MAP NO.: (1) SEC. NO.: ~ SUBDIVISION NO.:
BLOCK N0.:~ LOT OR PARCEL NO.: 21-1
PROPERTY OWNER'S NAME:
MAILING ADDRESS:
TAX MAP NO.:
BLOCK NO.:
SEC. NO.: SUBDIVISION NO.:
~ L0T OR PARCEL NO.:
(PAGE
lo)
/
THE APPLICANT HEREWITH DEPOSITS THE SUM OF TWENTY DOLLARS
($20.00) ATTACHED TO THIS APPLICATION, TO PAY THE COST OF
ADVERTISING NOTICE OF THE HEARING OF SAID BOARD TO ACT ON
THIS REQUEST. CHECK OR MONEY ORDER MUST BE MADE PAYABLE
TO: TREASURER~ COUNTY OF CHESTERFIELD.
I/~HEREBY DEPOSE AND SAY THAT ALL OF THE ABOVE STATEMENTS
AND THE STATEMENTS CONTAINED IN ANY EXHIBITS TRANSMITTED ARE
TRUE.
SIGNATURE OF AP~L~'- -~ -
(Same name as used nn~tem i-A,
page 1. )
SUBSCRIBED AND SWORN TO BEFORE ME
MY COMMISSION EXPIRES_
THIS~DAY
OTA~Y- -
(PAGE 5)
THIS CON~fRACT, made the
Between Cornelia Bagley (widow), Mabel .H. Bentley
(widow), Lee Porter Smith (single), Edith Campbell (widow),
Dorothy Austin (single), Gladys williams and Leon Williams,
her husband, all of the Township of Neptune, county of Morm, ou[h
and State of New Jersey; and Frank Sheppardson and Winnie
Sheppardson, his wife, John Sheppardson and Hattie Mme Shepp
his wife, Helen Shepperson (widow), Edward Shepperson and
,
~;?;'! Dolores Shepperson, his wife, Lawrence Shepperson,
Jean Shepperson and Shepperson, her husband, Carol
des~ t,-
Shepperson (single), all of Richmond, Virginia, herejn
noted as the Sellers,
And MortOn M. Zedd and Seth Corporot:5o:'~, Dartners
trading as Fairfield D~velopment Company, of [{5 ch~f~ond, Virgint~,
herein designated as the Purchaser;
WITNESSETH, That the Sellers, for and Jn considerstfon:
of the sum of Twenty-Six Thousand, Six Hundred and Seventy-fjvc
and no/lO0 ($26,675.00) Dollars, to be paid and satisfied
stipulated herein, and also ih consideration of the covenants
the
and zgreement herein cong...~ned and ~o be performed by
Purchaser, agree to convey to the Purchaser, free from all
encumbrances e~:cept as this con~ract may other~ise provide, by
deed of Bargain and Sale with ¢ove~'~.ant against acts of grantor:~
on the date herein fixed for the closing of title,
ALL that 164/168 interest in and to al~ th~t
parcel of land lying in the Manchester ymf~ist'.e~ial
Chesterfield County, Virginia, on the eastern line
Lane and being comprised of eight (8) acres more or ].c.~.
Being the same trac~ t. dencified on the tax maps of Chester£i¢ld
County as parcel 7 section sheet nember 29-6. C copy of said
tax map ~th the subject property outlined in red is a~tache~
hereto and made a part hereof.
Subject to m~icipal a~ ~te zon~g regulations.
Subject to such state of facts as an accurate
may disclose, provided s~e does not render title
Subject to any covenants and restrictions contained
in prior deeds of record, provided s~e do not render title
unmarketable ·
The amount of any unpaid taxes, assessments, water
charges and sewer rents or other liens and encumbrancgs, which
the Sellers are obligated to pay arid discharge, with interest
and penalties thereon to the date of the clesing, may, at the
option of the Sellers, be allowed to the purchaser out of the
balance of the purchase price. The purchaser, if request is
made within a reasonable time prior to the date of closing of
title, agrees to provide at the closing seperatecertified
checks as requested aggregating ~he amount of the balance of thni
purchase price to facilitate the satisfaction of any such liens
or encumbrances. The existence of any such taxes or ~her lien-~
and encumbrances s, ha!l not be de~ .... d objections to title if the
sellers shall core, ply wz~n the for~'~oing·
In thu event examination of title discloses defects
in title the sellers shall have a reasonable time in which to
clear said defects or, at the sellers' option, to declare
agreement null and void, in which event sellers' obli~%ation
shall, be only to return the moneys deposited hereunder.'
however, that the purchaser may elect to take t:~ tie
-2-
~tandlng any defects,
AND the Purchaser agrees to pay or cause to be paid
to the Sellers, the aforesaid sum as the purchase price, Jn the
following manner:
Upon execution of this Contract for which
this is a receipt ...................... $ 250.00
to be held in escrow by Lawyers Title
Insurance Company of Richmond, Virginia
Cash at settlement 13,000.00
By deed of trust note in the amount of--- 13,425.00
to be secured by a first lein deed of trust on a portion of thc
real estate described therein, siad note is to be payable in
three (3) equal annual installments of $4,475.00 each, together'
with seven per cent (7%) interest onthe principal balance from
time to time outstanding, such interest to be paid on each
principal installment date. The initial installment of principo~
and interest sahll be due one (1) year from the date of settle-
meat, and the' subsequent installments shall be due and payable.
t~o (2) and three (3) years after thedate of settlement,
respectively. The real estate to be described in the Deed of
TLOaS~ shall exclude 4 acres of thc real estate acquired undec
said co'~%tract, such 4 acres to be the rear 4 acres taken acro~5',
the entire widgh of the property. At the option of the
Purchaser,, a survey may be preparod~ and if the Purchaser
elects to have ghe property surveyed prior to settlement,
the Seller agrees to convey the property by said survey. In
the event a survey is prepared and acreage is more or 'iess
eight (8) acres, the purchase price shallbe adjusted upw~a_-ct
downward accordingly at the rate of $3334.00 per mc~.
Deed of Trust and note shall contain a provision re.se~-vi:~;:.
-3-
shall contain pvovtaiona provldfng for the release of land fro;,,
the lien of said Deed of Trust upon the pa~ent of principal to
the holder of the note of $3,000.00 per acre, the location ~o b~
across the entire rear of the property at each release, ~o khe
end that the frontage shall be taken last.
THIS ~ IS CO~IN~ ~ON T~ FOL~WING:
The Purchaser obtaining at his expense, necessity
rezoning, approvals, or uae pe~its a~ required by the appro-
priate gover~en~al authoritie~, all~ing multi-f~ily rental
improvements on said real estate, and, in co~ection therewith,
it ia agreed that water ~d mewerage facilities shall be avail-
able to the property in adequate qu~tities in the ~pinion of
the Purchaser to se~e all imp=ovement~ anticipated to be con-
stetted on the property by the Purchaser. In dete~ining whether'
sueh water and aewerage faeilitiea are adequate, in the Purchaser~'s
opinion,' it is ~derstood and agreed that the Purchaser shall
dete~ine in his own opinion whether ~y expenses related to
providing se~ice to the s~.33~-ct real estate a~e reasonable and
satisfactory under ~he circumf~tc~aces.
The Purchaser obtaining a contract satisfactory in
respects go purchase simultaneously that parcel of l~d lying
on the west side of Stn~iew ~ne, containing 15.1 acres, ~re
or less, and identified on the Chesterfield County Tax ~p
~s Parcel No. 6, Section Sheet Number 29-6.
Provided the above conditions have been me~ [~o tnt
satisfaction of the ~rchaser, settlement shall be ~adc wi
30 days after the date of expiration of the r~gh[ ~'i f~n~]
-4-
£~om Any rezoning or g~ant~ng of necessary special use p~,rm'~
end de~ermination by the Purchaser that adequate water and
seweragefa¢ilitiea are available, .or, in Purchaserts opinion,
can be made available to the propert~ without u~reasonable ex-
penses, which said determination as to water and sewerage shall
be made withinE 120 days, and, in a~y other event, no later
one (1) year from the date of this contract, and if not so
shall be deemed to have been waived. In the event the Purchaser
is unseuccessful in obtaining such rezonin~ or special use
the deposit made heretu%d~r shall be refunded. Said deposit sh~l]
also be refunded in the event title is not free and clear of
valid objections.
In the event that the Sellers shall be unable to give
good title for any reazon whatsoever, then and in that event
this agreement, at theoption of the sellers, shallbe null and
void and the Sellers shall be obligated only to refund the
deposit; provided, ho~ever, that the Purchaser may elect to
take said title not~:~thstandinS a~y defects and pay thefull
consideration.
Th.~ ~'urch,:lscr shall have a right to assign this
agreem~-nt but ~uch mssigrm~ent shall in no way relieve them of
any liability under ~his ao-reera~n~ ~nd the D~ed of Trust and
Note to b~ ~'/.ec%t~ed, Xn event of ~n ass!~..nm~nt the assignee
shall also join in the Tr~st D~ed and
The Sellers hereby recognize W. Eugene Glenn, Inc.
and Wslter Loving Realty as brokers a~d agree to p~y m
of ].0~/o of the purchase price, which said commission shall be-
come du~ and paybale only when, as and if title is c].osed
the full consideration paid, to wit: 10~/o of the settlement
-5-
price ~nd 10% of ghe annual paym~en~s as made, togethe~ with in-
t~?~:~ ~: the ~:~ of 7% on ~al inst~ll~nts-
AND IT ~S AF~ED, ~ha~ the Purchaser ~Y enter u~n
the said land and premises upon the closing of the title 8nd
fr~ thence take the rents, Issues and profits to the use of
the Purchaser.
A~D IT IS FURT~R AG~ED, that, provided all condit]on~,
are met, title shall beclosed and the ~ed and an adequate ~fid,0u~
of Title shall be delivered and received no later than ~
/ 1972, between 9:00 A.M. and 4:00 P.M. at the office of
/~ ,
~ers Title Insurance Comply of ~c~nd, Virginia, in
~c~ond.
This contract constitutes the entire agreement be-
tween the parties and is ente=ed into with full ~owledge by
the Purchaser as to the lands, the buildings ~d improvements
thereon., their character or quality. No representations or
warranties of any ~ture have been ~de by the Sellers and
Purchaser has not entered into this contract in reliance upon
any representations or warranties, except such as ~y be set
for~ herein. No variations or ~difications o~ or amendments
to the te~a of thi~ ~zitract $hall be binding unless reduced
to writing and si~ed by all the patties hereto.
All the tem~, eove~ga ~nd conditions hecein con-
rained shall be for and shall inure <o the benefit of and
Shall bind the respective parties hereto, and their heirs, execut~c,z:~
administrators, personal or legal representatives, successocs
and assigns, respectively.
In all references herein to any pertios, per~o~s,
entities or corporations the use of any partJ, culac gen¢fec o~" ~:~,
-6-
plurs], or singular number is intended to iruxlude the appro-
priate gender or number as the text of the within instrument
may require.
IN WIThT~SS WHEREOF, The parties hereto have hereunto
set their hands and seals, or caused these presents to be signed
by their proper corporate officers az!d their proper corporate s
seal to be hereto affixed, the day and year first above written.
Signed, sealed emd delivered)
in the presence of )
-7-
LD' "' COUNTY
7.2 / ?.1
14
iO
DI ", 1 hfl C'T
/
/
/
/
/
/
/
!
/
/
/
/
SECTION 29-6
1114
Fairb;nk