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HomeMy WebLinkAbout20-88 Floyd Hudson - Shawnee - BackfileCOUNTY of FREDERICK Departments of Planning and Building 703/665-5650 September 23, 1988 Floyd Hudson III 802 Glenridge Drive Winchester, Virginia 22601 Dear Mr. Hudson: This'.letter is to:.confirm .the Frederick County Board of Zoning Appeals' action at their meeting of September 20, 1988; Approval_of:Variance 4020-88.6f,'Floyd Hudson IIIjor:a 4:'5' side yard variance .for,an.attached one-car.garage. ..This:','property is located at 802 Glenridge Drive, off Senseny Road; ,in the -Shawnee Magisterial District. If you have any questions regarding.,:your.,variance,.please,do not hesitate to call this -office. Sincerely, fini Pin ep Gyuri Deputy Director SMG/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 CZ A- b- e �G --e s- 7' ;,� G j f 77, VARIANCE #020-88 Floyd Hudson III LOCATION - At 802 Glenridge Road, off Senseny Road MAGISTERIAL DISTRICT - Shawnee TAX MAP & PARCEL NUMBER - Tax Map 65D, Parcel 66 LAND USE AND ZONING - Residential land use and zoning district ADJACENT LAND USE AND ZONING - Residential land use and zoning district PROPOSED USE AND IMPROVEMENTS - An attached one -car garage VARIANCE - A 4.5 foot side yard variance REASON FOR VARIANCE - Basement steps need to be enclosed because rain floods basement. BACKGROUND INFORMATION - This property is zoned RP (Residential Performance). A 10' side yard variance is required. The applicant is seeking a 4.5 foot left side yard variance to construct a garage 5.5 feet from the left property line. STAFF COMMENT - Prior to construction, a building permit is needed. APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application_ No. Dao 00 Application Date - Fee Paid ".GD Submittal Deadline is For the Meeting of 1. The applicant is the (owner) Z'N (other) (check one) 2. NAME: D Jq YJ,N N OCCUPANT: (If other than applicant) ADDRESS:,- C-le., „( r �^ NAME: TELEPHONE: 6 _ A -p 1' Z TELEPHONE: 3. The property is located at (please give exact directions) 4. The property has a frontage of ` ' feet and a depth of i Z,� • /k feet and consists of �. (Please be exact) o lc� ker c j 5. The property is owned by 1" bJ /` a /,5 o -c , _ as evidenced by deed from tOGcrecorded in deed book no. !�3 on page _35�, registry of the County of 6. This property is designated as parcel no. on tax map no. L, in the ; 11 6L - 4 , Magisterial District. , 7. Property Identification Number: 8. The existing zoning of the property is: U 9. The existing use of the property is: K I < (li t � /'C l 10. The adjoining properties zoning is: I 1 1 . The adjoining properties land use is: CJMA /" dpe yS'es'' 12. Describe the variance sought in terms of distance and type. (For exampl; A 3' rear yard variance for an attached two car garage.) 13. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size, or shape of a specific piece of property, or exceptional topographic conditions or other extraordinary ituation or condition of such piece of _.prp-pert�._or._______- - the use or development of property immediately adjacent thereto !✓ J c `G� r •� ( c L C A C al e C c,� f' ry C �' 1 O r a G do J c' 6^ Q C —1 if P --- - - - 'Page Two Variance 14. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is being sought. (Use additional pages if necessary). These people will be notified by mail of this application: (Please list complete 21-digit number) ��b ki, ((u✓` e A 5 s c- etu E Address: C/0. 5 k t �c L a ���; t � 3- Property ID# : C,, �0 0-061jT9oo D -OMB 0 2 . u Address: 6yle //Ci 6L111 Property ID#: 9 - �)V0O9-'0'�1(-Q0&cl--©p"9 Address: Property ID# � � D C• _ -- 00 c(— p0 0W 40,'o / —,19 1) "75 O 4-7 4 c r P�� P5 Address (,�, (Zeal 3Z cAle. Property ID# 'fib�-�qf��a� � 5. Lc � G�� �( A,,dy1/ Address: / Property ID# 6 . -5 Address: 5,oy G/,-, V.�-. Property ID# : 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. k,c Signature of Applicant: Date L Signature of Owner: Wto 11�2 '1- Date For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) 9 Approval a Denial CHAIRMAN: S G%� '6 - v mC N as 6o IN / 7A. U.D. FLOOD ZONE G AREA OF MINIMAL FLOODING. Z 2 O LZ a COMMON AREA FIVE N 190 26'10" W — 94.38' LOT 66 — SECTION FIVE GLENMONT VILLAGE SHAWNEE DISTRICT FREDERICK CO., VA. DECK TWO STORY SIDING HOUSE No. 802 Z 60.6' �°. 1 2` 5L .. IL N _E J 1_ Wa I w m � v I 39().94 ?O a TWIN BROOK SI I' CIR GLE � I I� 3.3' / T -p- . aRc 58.50' This is to certify GLENR�pGE DRIVE— that on October 31 , 1 986 �`/ I made al) 'Ic( ur.lt t' :,ul V C V of - t It I, I.t-ill i tic:, :�Ilur n IIL' I t+on ,tq(*� 0 Nk all't 1 Il.tt t lit lrl 110 l at ;('IIICItt of t -n roaCllult•nt :, v i i i 11 l c on Hill! 91''llllld of 1wi I'llml Lho:;c shown ' L AI.1f.N EB�� (t.tEFrdS� I!ao. n O A a /J _Q 4 `-, W ` 0 N 0 o J �O Z 4 ko 2 4 r 0 a R/W � z 1O 2 a Z 0 of 65D00-004-0000-0005-0066-0 HUDSON9 FLOYD 0. 111 E TERRI L. GLENMONT VILLAGE L66 S5 R3 9S 10,00 0 FIRST AMERICAN BANK OF VA. ---1-970 CHAIN BRIDGE RD. 0 M C L E A N VA. 22601 65000-004-0000-3335-0065-A GLENMONT VILLAGE ASSOCIATION -----_COMMON AREA S5 06_0- qox-io7l GLENMONT VILLAGE WINCHESTER, VA. 27 F - 22601 28 65DOO-004-0000-3005-0065-0 HILD9 BRUCE A. - GLENMONT VILLAGE L65 S5 9 L I N:D A M. 3 JEFFERSON NATL. 3-61- _244-b-_ 3 W I N C H FS v_A_ F__ ;a4 0 ; 5 �17 39 43— .0 45 46 47 48 49 0 so -F-��uuw-7-uu.t-uuuu--Uu-U-')--UUtt)-U-1-ULLMA-Nt MARK a LYNDA rl L 65 GLENMONT VILLAGE L75 S5 801 GLENRID GE RD. . ...... .... .. ... ... WINCHE3TERq VAS 22601 0- PHILLIPS, JACK M. GLENMONT VILLAGE L74S5 ELEANOR B. 138 H-A-W,T-HOIRNE--OR. -..-----.--,----,----.----,---------------.----.,-,----------- W I N C H E S T E R , VA. 22601 0-004-0000-0005-0073-0 BROWN, MITCHELL S. GLENMONT VILLAGE L73 S5 805 GLENRIDGE DR. WINCHES TER VA 22601 5D00-004-ODDO-0005-0067-0 SAMP GLENMONT VILLAGE L67 S5 E PATRICIA M. 804 5LENRIDGE 3R* WINCHESTER, V.A. 22601 RP AG 10,0t10 RP AG 10,00 —P WS__i _o. —an n R 3 -AG 1_0 —Io-o-o 57,500 9 i20 26 0 mz 27 _Z8 Zc 290 11 30 320 52,500 33 34 35 36 -9-4--,300 37 38 • 39 40 41 0 _5_8 19900 43 44 as - 46 44 1200 4-7 [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument" is made on November 7 19 86.. The grantor is FLOYD 0. HUDSON, II � and TERRI L. HUDSON, husband and wife ("Borrower"). The trustee is Real Title Company, Inc. of, ' Arlington , Virginia, and of Virginia, trustees (any one of whom may act and who are referred to as "Trustee"). The beneficiary is . First American Bank of Vir inia , which is organized and existing under the laws of Commonwealth of Virginia , and whose address is 1970 Chain Bridge Road, McLean, Virginia 22102 ("Lender"). Borrower owes Lender the principal sum of Fifty -Nine Thousand Nine Hundred Sixty` and 00/ 1.00 ---------------=---- Dollars (U.S. $ 59,960.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1, 2016 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument. and the Note. For this purpose, Borrower irrevocably grants and.conveys to Trustee, in trust; with power of sale, the following described property located in Frederick County , Virginia: All that certain lot or parcel of land, together with all. rights, rights of way, privileges, improvements thereon and appurtenances thereunto belonging, lying and being situate'in: Shawnee,Magisterial District, Frederick County, Virginia, and more particularly described as Lot 66, Section 5, GLENMONT VILLAGE Subdivision, as the same is duly dedicated, platted and recorded in Deed Book 614, at Page, 781 among the land records found in the Clerk's Office'of the Circuit Court of Frederick County, -Virginia; and bein''.the same property conveyed .to the Borrowers herein by Deed dated November 5, 1986 from Joel O. Stowe, et ux, of record in the aforesaid Clerk's'Office immediately prior hereto. which has -the address of 802 Glenridge Drive _ [Street] Winchester Virginia . 22601 ("Property Address"); [Zip Code] [City] TOGETHER WITM all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock. and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower war- rants and:will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TNIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. VIRGINIA—single Family—FNMA/FHLMC UNIFORM INSTRUMENT 293 (R4/86) UNIFORM COVENANTS Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall payto Lenderon the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") equal to one -twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mort- gage insurance premiums, if any. These items are called "escrow items: Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured orguaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lenderto make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by -this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lendershall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured bythe lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactoryto Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not les- sened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the pay- ments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and pro- ceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substan- tially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a lease- hold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reale attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7, shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. w" UNIFORM COVENANTS Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due underthe Note, until the Note is paid in full, a sum ("Funds") equal to one -twelfth of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mort- gage insurance premiums, if any. These items are called "escrow items: Lender may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured orguaranteed by a federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing that interest shall be paid on the Funds. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by -this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to.the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly payments of Funds. If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due, Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured bythis Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. . 3. Application of Payments. Unless applicable law provides otherwise, 'all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to late charges due under the Note; second, to prepayment charges due under the Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactoryto Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by.fire, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not les- sened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lenderand Borrower otherwise agree in writing, any application of proceedsto principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the pay- ments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and pro- ceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Preservation and Maintenance of Property; Leaseholds: Borrower shall not destroy, damage or substan- tially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a lease- hold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, orthere is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying rea&armWe attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7, shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. THIS DEED, made and dated this day of 1973, by and between David J. Earhart and Sharon M. Earhart, his wife, parties of the first part hereinafter called the Grantors, and Donald Lee Jones and Brenda Faith Jones, his wife, parties of the second part hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable considerations, receipt of all of which is hereby ack- nowledged, the Grantors do hereby grant, bargain, sell and convey CD with general warranty of title, unto the Grantees, jointly, as tenants by the entirety with the common law right of survivor- ship, the following described property, to -wit: All of that certain lot of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the South side of Plainfield Drive at Kernstown, Frederick County, Virginia, designated as Lot No. 6 on the subdivi- sion plat and survey of Plainfield Heights recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 241, Page 386, and being the same lot of land that was con- veyed to the Grantors herein by deed from Molden Real Estate Corporation, dated November 30, 1971, and of record in the aforesaid Clerk's Office in Deed Book 384, Page 407. The herein conveyed land and improvements are conveyed subject to the restrictions of record affecting said land. The Grantors covenant that they have the right to convey said land; that the Grantees shall have quiet possession of said land, free from all encumbrances except as hereinabove set forth; that the Grantors, to their knowledge, have done no act to encum- MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER, VIRGINIA ber said land; and that they will execute such further assurance: of title as may be requisite. Foal 1406 ;>,rc 1 WITNESS the following signatures and seals: r �(S L) ` Da via J . Eatha r t �i. (SE L) Sharon M. Earhart STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: I, a Notary Public in and for the State and County aforesaid, do hereby certify that David J. Earhart and Sharon M. Earhart, whose names are signed to the foregoing deed bearing date the _,'�r'4"2day of A?4 , 1973, have acknowledged the same before me in my State and County aforesaid. Given under my hand this c^661_ ay of , 1973. I My commission expires 651c4+-111 ", i4 Notary Publicd' V:R3INA YREUMCX Cou"161 , SCF. is instrur"at was oduced to me on the �r of - 11-2� , at and with certificate of ackziawlav�ent t%ereto aunaxad was 434tted to r )cord. ,Teat imposed by Sec. Sa-A.1, of _ and 93-54 have be" paid, if a i8e:,sable. � t "IASS1E AND SNARR ATTORNEYS AT LAW WINCHESTER. VIRGINIA COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 September 6, 1988 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #020-88 of Floyd Hudson III FOR: A 4.5 foot side yard variance for an attached one -car garage. This property is located at 802 Glenridge Drive, off Senseny Road, in the Shawnee Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of September 20, 1988, at 3:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on September 6, 1988 from the Department of Planning and Development, Frederick County, Virginia: HUDSON, FLOYD 0. 111 F��yc� NAkJSO1� �- 8 TERRI L. FIRST AMERICAN BANK OF VA. 1970 CHAIN BRIDGE RD. ��1;w�l��sc BOA Z:;—' 6 MCLEAN, VA. GLENMONT VILLAGE ASSOCIATION BROWN, MITCHELL:S. P. 0. BOX 2071 WINCHESTER, VA. & PAMELA.M. 805 GLENRIDGE DR. 22601 1 WINCHESTER,' VA. 22601 HILD, BRUCE A. SAMPSON,'JAMES D. LINDA M. i 8 PATRICIA M. I C/O'JEFFERSON NATL* BANK 804 GLENRIDGE DR. P.O. BOX 2440 WINCHESTER, VA. bINCHESTER, VA. 22601 22601 PULLMAN, MARK,&.LYNDA' 801 GLENRIDGE RD. WINCHESTER, VA. 22601 PHILLIPS, JACK M. j.0 ELEANOR.B. ��w�l Est v/� 2ZGol 138 HA14THORNE DR. WINCHESTER, VA. 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I,%4 a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 5f;��et,,f,e� has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of S'ee�r�t/o0-t- , 1988. My commission expires on NOT RY PUBLIC I