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HomeMy WebLinkAbout02-89 Thomas J Gillispie - Opequon District - Backfilei COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5650 FAX 703 / 667-0370 May 9, 1989 Mr. Thomas J. Gillispie Route 1, Box 77 .White Post, Virginia 22663 iDear Mr. Gillispie: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of April 12, 1989: Approval of Conditional Use Permit Request #002-89 of"Thomas J. Gillispie for an automobile repair garage to be located on the west side of Route 522 South, two miles south of Double Toll and six miles north of Front Royal, in the Opequon Magisterial District, with the following conditions: 1. All repair work shall take place entirely within an enclosed structure. 2. All exterior storage of parts and equipment shall be screened from view of surrounding properties by a solid artificial or compact natural screen to at least five feet in height, which shall be adequately maintained as long as such exterior storage is• continued. The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. 3. Daylight hours of operation (only until 9:00 p.m.), Monday through Saturday, and no Sunday operation. T 4. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 5. If the use, occupancy, or ownership of the property changes, this conditional ?; use permit shall expire and a new conditional use permit will be required. If you have any questions regarding your conditional use permit, please do not - hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/dkg. cc: ,'•Lr'sten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Ornaoff, Treasurer Inspections Department 9 Court Square - . P.O. Box 601 - Winchester, Virginia - 22601 f APPECATION FOR CONDITIONAL USLERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. 00a-B9 Submittal Deadline is Application Date For the Meeting of Fee Paid 7S.n0 / pos Ao ,l LZ 1. The applicant is the owner other (check one) OWNER: OCCUPANT: (if other than owner) Y 2. NAME: NAME: ADDRESS: ° ADDRESS: O b ELEPHOl E: .,; 6 S— 57 TELEPHONE: 30 3. The roperty is o cate a (please give exact direction 7� t 111//� </i1� r 4. The property fronts state route j ot� and consists of f e acres. (Please be exact) 5. The property is owned bynrNi�Sr0%i�L,¢C�./�s as evidenced by deed from fl,q-e,a. X_ recorded in deed book no. 70 / on page 4-6 fegistry of the County of PROPERTY IDENTIFICATION NO. (Pteasa t s.t 21.; ig,it #): gV4&V-,gV1 -C amCCbC7 6. This property is designated as parcel no. d �Q on tax map no, p gL/$(011in the �I4MLk)A) Magisterial District. 7. The type of use proposed is 8. It is proposed that the following P P g additions/improvements to f ;' existing buildings will be constructed. J J� 9. It is proposed that the following buildings will be constructed: r 10. 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. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAMP. 1. �'1�� GV Ill r �a v✓i Ad ess: T x P o erty ID# 2. Pi9r17P>"'`' 0tv� A dress: g-D to C c� Proper �yy Ib#: $q# o - 00 1 3. Address: Property ID# 4. Address: Property ID#: 0. 0 CONDITIONAL USE PERMIT #002-89 Thomas J. Gill.ispie Automobile Repair Garage LOCATION: Route 522 South of Route 277; two miles south of Double Toll Gate; six miles north of Front Royal; on the west side of Route 522. MAGISTERIAL DISTRICT: Opequon ADJACENT LAND USE AND ZONING: A-2 (Agricultural General) Zoning; Residential Use PROPOSED USE AND IMPROVEMENTS: Automobile Repair Garage REVIEW EVALUATIONS: Virginia Dept. of Transportation - No objection; if use expands, a commercial entrance may have to be constructed to VDOT's minimum standards - Health Department - A walkover inspection of the Gillispie's septic system was made on 2/27/89. There was no malfunction of the system noted at this time. Given that no increase in water consumption occurs, the Health Department has no objection to the request. Frederick County Fire Inspector - If this is to be used as a body shop or for any spray operations, the spraying areas must comply with Section 622.1 of the 1987 BOCA Building Code and Articles 33 and 34 of .the NFPA. Stephens City Fire Company - Shall comply with Chapter 10 of the Frederick County Code as a minimum. Inspections Department - This request shall comply to Use Group "S-1" (Storage Uses), Section 310.0 of the BOCA National Building Code, 1987. Planning and Zoning - A public garage is a permitted use with a conditional use permit in the A-2 Zone with the 0 following conditions: �J 1) All repair work shall take place entirely within an enclosed structure. 2) All exterior storage of parts and equipment shall be screened screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be adequately maintained as long as such exterior storage is continued. The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. STAFF RECOMMENDATIONS: Approval, with the conditions stated above and the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. PLANNING COMMISSION RECOMMENDATIONS OF 4/5/89: Unanimous approval, with the General) District conditions: requirements listed in the A-2 (Agricultural of the Zoning Ordinance plus the following 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. Daylight hours of operation (only until 9:00 p.m.), Monday through Saturday only. G�urspiE _ cuP -�ooz - 89 26 20 �i. RP�,i�� rA ., .� A o J•F • ., A-2 n O _ O _ APP OATION FOR CONDITIONAL USAERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. Submittal Deadline is Application Date a- For the Meeting of mac_ 16"pr;i lz� Fee Paid- o o �, � ;� A -v,t t-i 1. The applicant is the owner other (check one) OWNER: OCCUPANT: (if other than owner) 2. NAME:' r NAME: ADDRESS:,/ ADDRESS: 0s G3 ELEPHO E: TELEPHONE: 3. The is t aa (please give exact direction /Zy 4. The property fronts state route and consists of acres. (Please be exact) 5. The property is owned by--t%I)M.��¢,,�/s,L �/ as evidenced by deed from �,�' �I�,/a' recorded in deed book no. -767/ on page b ;deg stry of the County of PROPERTY IDENTIFICATION NO. We" e .fist 21 Tdigit # ) : 'h1#eV- dtq/ 6. This property is designated a 4?6/4-00in the °©/- 00-3gevo- 00 09-0 parcel no. ® on tax map no Magisterial District. 7. The type of use proposed isjTy��h 8. It is proposed that the following additions/improvements to existing buildings will be constructed. 14(04/L-27 9. It is proposed that the following buildings will be constructed: 10. 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. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAME 1. I`��� GU ! llr r� ►�✓� Ad ess: % x P o erty ID#: K 2. 0 Iv �r. A dress: I Proper �,,yy ID# : `%t/ fi 0 -- c-060620 3. Address: I lProperty ID# 4. Address: Property ID# : 00 - - O00 - Q20 0 Page Two Conditional Use Pert 9 5. k;t4- Address: Property ID#: '7yA -- on ! oo I -- © - coo e o 6. Address: Property ID#: cT J/ A -- no g - oo - ) (o on - p 9 o 7. Address: Property ID# : 17yA J 8. Address: Property ID#: -CO) -e010 (lam 9. Address: Property ID#: (2) 1 - 0200 - oa f 2© 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: Signature of Applicant Complete Mailing Address: C4 Telephone Number: 1 9- cH f- 6�gc'F- For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) D Approval Denial SECRETARY,(signed) 4414-:��4�, BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) &r;/ /ate/ f S9 MApproval Denial COUNTY ADMIN. (signed) Tage Three • Conditional Use Permit Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 TO: Virginia Dept..of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Health Department , ATTN: Mr. Herbert L. Sluder Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: February 14, 1989 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by Thomas J. Gillespie or their representative, Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building ® 703/665-5650 ,aG1'Vj MEMORANDUM 1738 TO: Virginia Dept -of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Health Department , ATTN: Mr. Herbert L. Sluder Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe �Steph'ens City Fire—Comprany---) , ATTN--Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: February 14, 1989 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by. Thomas J. Gillespie or their representative, Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: ® t - a ��n� �e�e .�-s �9 Ln r�✓t�rrN .m , Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 . Cp • COUNTY of FREDERICK Departments of Planning and Building. ® MEMORANIIUM 703/665-5650 T39 TO: Virginia Dept -of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Health Department , ATTN: Mr. Herbert L. Sluder Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsect or , ATTN:iMr. Douglas A. Riracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: February 14, 1989 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by Thomas J. Gillespie or their representative, Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signaturev- Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 30;/ COUNTY of FRED RICK Departments of Planning and Building ._, 703/665-5650 MEMORANDUM TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Health Department , ATTN: Mr. Herbert L. Sluder Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: February 14, 1989 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by Thomas J. Gillespie or their representative, Please review the attached information and return your comments as soon as possible. --------------------------------------------------------------------------------- THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: k I" �•.- � �r7 ��. rt� �..a., Ho � l �w.c,illt, � {'�e �, s-k� �� QA+ s %rt _ G- i �r8� +K..k ho i xErf s'c k cpn W !=0 ocr.0 1 14ta (k LLrn'b_ Irk, 00 o ,`eC_ Signature Date �-LX-7 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 • TO: COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authorit Health Department , ATTN: Mr. Wellington Jones ATTN: Mr. Herbert L. Sluder Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: February 14, 1989 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by Thomas J. Gillespie or their representative, Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: .or e`'% Signature Date ' - /'!:� -- '-P J 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 0 R. COUNTY of FRED RICK Departments of Planning and Building M E M 0 R A N D U M 703/665-5650 TO: Virginia Dept. of Transportation , ATTN: r Mr. William H. Bushman Sanitation Authority ATTN: Mr. Wellington Jones Health Department ATTN: Mr. Herbert L. Sluder Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: February 14, 1989 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by Thomas J. Gillespie or their representative, Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: WF Ild Ver *0 lit/,4TER d�- SFWeR 14Y ?/ Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/665-5650 17)8 TO: Virginia Dept. of Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Health Department , ATTN: Mr. Herbert L. Sluder Inspections Department , ATTN: Mr. Kenneth L. Coffelt Frederick County Fire Inpsector , ATTN: Mr. Douglas A. Kiracofe Stephens City Fire Company , ATTN: Mr. Frank Weller Planning and Zoning Department , ATTN: Mr. A. Bray Cockerill FROM: Robert W. Watkins, Director DATE: February 14, 1989 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Rezoning Preliminary Master Development Plan We are reviewing the enclosed request by Thomas J. Gillespie or their representative, Please review the attached information and return your comments as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: No objection to special use permit for this property. If use expands, a commercial entrance may have to be constructed to VDOT's minimum standards. Signature (J'.`�%,�Y1, Date 03/03/89 4 t 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 1�6GOM.1� MAit :;19� D c A ...:3 6 1999 COUNTY of FREDERICK 9 U%a%,:.;l..z-JU U LZLZ0' �.. �._.i:� REQUEST FOR COMMENTS Departments of Planning and Building 703/665-5650 TO: Wellington Jones, Engineer/Director Frederick County Sanitation Authority The Old Frederick County Courthouse Located on the P.O. Box 618 second floor of 10111 Winchester, Virginia 22601 the Old Frederick (703) 665-5690 County Courthouse FE6,F!�t,�a �t Grp N� c�0 OEM obert W. Watkins, Planning Director DATE: //— eview Comments for _Z Conditional Use Permit Rezoning Subdivision Site Plan Master Development Plan Please review this request for a1*7 located at 1,--)'7` f 6QX. 77 16-3 Proposed builTing and improvements: This comment sheet must be returned to the Frederick Co my Department of Planning and Development, or the applicant, by 1- 76F-" for the meeting of Sanitation Authority Comments: Nv �o�.4rio� 0�4��r�vL' )qAcF/r � �-rry Tars io�frl- G 'yol 7A C /f T.ye 54" Yfa AV Xc'SA 41 q tiGT Sanitation Signature: Applicant's Name: Address: Phone Number: , 6 --55=3S— ,rr-6 c 6 4/-.?S- Date: FEB 7Py NOTICE TO APPLICANT: It is your responsibility to contact the Frederick County Sanitation Authority for comments on your project and to return all comments as part of your application before or on the submittal deadline date. t L _J March 30, 1989 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Thomas J. Gillispie Conditional Use Permit Application #002-89 for: An Auto Repair Garage. This property is located on Route 522 South of Route 277; two miles south of the Double Toll Gate; six miles north of Front Royal; on the west side of Route 522, in the Opequon Magisterial District. This conditional use permit application will be considered by the: Frederick County Planning Commission on April 5, 1989 at 7:30 p.m. Frederick County Board of Supervisors on April 12, 1989 at 7:15 p.m. Both meetings will be held 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 0 0 This is to certify that the attached correspondence was mailed to the following on March 30, 1989 from the Department of Planning and Development, Frederick County, Virginia: OILL:I.SPIE? THGMA S G,, I'Te 1 BOX' 77 WHITE POST? VA. i RT. t BOX 73 WHITE POST v VA,, � ?2hb3 & SUZANNP RT, 1 }SOX 76- A 141-I I TE PAST e VA, 22663 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, r1�JQkte-_ K, Gah4L/f , 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 Adal-e-4 ,30 , jQ $ ? , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 3()-f-4 day of /L(Qw'-/1 , 1989. My commission expires on lew, ber �� . g 9 �UlLf1-rT.D NOTARY PUBLIC RUN DATE: 02/23/89 FREDERICK COUNTY, VIRGINIA • • PLANNING & OPVELOPMENT LABEL LIST -- --- ----- S A P i O• -- ---- -- ------------ — / A O 0 R {_ i S ------- DESCRIPTION -- - ------- 94A00-001-:)003.-0000mI3iw9-0 ----------- GILLI SPI , THOMAS- -- ----- -.------- C L. 1 L A - M ; ---- -- _ __.. _ --------- -_-- _ LOT: 4_ .3LO LK__ 3_- .. ftl- _ 1 BOX 77 ---- -- -- -_ -- -- ----- - - - _ Y�HITE POST, VA. - - - -- 22663- 94AOO-001-0003-0000-0- 13-0 MATHEWS, WILLIAM F. F, JUANITA _NINEVAti - __---- ----- __..----R.T-. 1 BOX 78 -- ---- - --- - -_L11T 13. BLOCK 3 - - - - -- - - . WH-I T _ POST, VA. - __ - - — 94A00-tI.OL .4.Q0$-0_QO�t-iT(2fl6- ? - THOMA5 , HAMP TON A . JR. 22663 _. _ --- 'P I NEY' -SUZANNE K B • ----- ---- 1 BOX 7 6- A -- --- - - - - - --- ---- - ----- - WHITE_ PG_ST. VA. P AGE i LAND ACREAGE ZONE U/C _ VALUE ------VALUE------- ------- '�-I ----------- RP.__-_RS_____------16s5Q{i _ 7?.Att[1- - Rp RS -----_-30-00-- 0 1 •I 1 0 • • • GILLISPIE• THOMAS G. E LEILA M. RT. 1 BOX 77 WHITE POST, VA. • 22663 • GILLISPIEt THOMAS G. E LEILA M. RT. 1 BOX 77 WHITE POSTv VA. • 22663 • • • MATHEWSt WILLIAM R. E JUANITA RT. 1 BOX 78 WHITE POST• VA. 22663 • MATHEWSP WILLIAM R. E JUANITA RT. 1 BOX 78 WHITE POSTi VA. 22663 • 1• i • • THOMAS t HAMPTON R. JR. E SUZANNE RT. 1 BOX 76-A WHITE POST, VA. • THOMAS# HAMPTON R. JR. S SUZANNE RT. 1 BOX 76-A WHITE POST• VA. • • • • 22663 22663 I? Ba7O1Pc456 THIS DEED OF TRUST, made and dated this 16th day of December, 1988, by and between THOMAS J. GILLISPIE and LEILA M. GILLISPIE, his wife, parties of the first part, and Edwin B. Yost of Winchester, Virginia, and Thomas B. Throckmorton of Winchester Virginia, Trustees, parties of the second part. WITNESSETH: That for and in consideration of One Dollar ($1.00), cash in hand paid by the said Trustees to the parties of the first part, on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant and convey, with General Warranty of Title, unto said Trustees, any one or both of whom may act in the execution of this deed of trust, and their successors forever, the following real estate, to -wit: All of those certain lots or parcels of land, together with all improvements thereon and appurtenances thereunto belonging or in anywise appertaining, lying and being situate on the West side of U.S. Route 522, (Winchester and Front Royal highway), in Opequon Magisterial District, Frederick County, Virginia, a short distance North of Nineveh, being known and designates as Lots 8 through 12, inclusive, of Block 3, Lots 7 through 12, inclusive of Block 8, and the Southern 40 ft. of Lot 7, of Block 3, shown and designated on the plat of Ridgeway Heights Subdivision, of record i the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed book 193, at Page 585; the Southern 40 ft. of Lot 7 Block 3 of the aforesaid Ridgeway Heights Subdivision is described as fronting 40 ft., more or less, on U.S. Route 522, extending back in a Westerly direction an even width for a distance of 130 ft., more or less; each of the lots designated 8 through 12, inclusive, of Ridgeway Heights Subdivision, Block 3, have a frontage of 50 ft., more or less, on U.S. Route 522 and extend back in a Westerly direction an even width for a distance of 130 ft., more or less; each of the lots designated Lots 7 through 12, inclusive, of Ridgeway heights Subdivision, Block 8, have a frontage of 50 ft., more or less, on Summit Avenue and extend back in an Easterly direction an even width for a distance of 150 ft., more or less; and further described by plat and survey by David M. Furstenau, L.S., dated December 16, 1988, attached hereto and by this reference made a part hereof as if set out in full; and being the same property conveyed to the Grantors herein from Charlotte A. Payne, widow, by deed dated December 16, 1988, and recorded in the aforesaid Clerk's Office simulataneously and contemporaneously with this deed of trust. Reference is here made to the aforesaid plat, deed and the references contained therein for a further and more particular description of the property conveyed herein. 1 �y�"�c�+��Jj.}mow.; -+ •. . w/ BK701QGIt57 IN TRUST HOWEVER, to secure payment to the holder of a certain bond of even date herewith, payable sixty (60) days from date, in the principal sum of Fifty Four Thousand and 00/100 Dollars ($54,000.00), together with interest thereon at the rate of Eleven percent (11.00%) per annum on the unpaid balance until paid, made by the parties of the first part and payable to COLONY REALTY, a Virginia Partnership, or order, in one (1) monthly installment of interest only, which include interest on the unpaid principal balance, commencing on the 16th day of January, 1989, and a final installment equal to the principal and interest remaining due, which installment shall be due and payable on the 16th day of February, 1989. permitted. Renewals and extensions of the foregoing debt are AND FURTHER IN TRUST, to secure the payment of any money, with interest thereon, advanced by the holder of the hereinabove described obligation to the parties of the first part or their successors in title at any time before the release of this deed of trust for any purpose to the extent that the amount advanced at any one time when added to the balance due on the original indebtedness and any prior advance, shall not exceed the amount originally secured by this deed of trust. This deed of trust is executed and is to be construed in accordance with all the provisions of Sections 55-59 and 55-60 of the Code of Virginia, and all amendments thereto except as otherwise provided herein. Advertisement required: Publication of notice of sale once a week for two (2) successive weeks in any newspaper of general circulation or published where the property is located. 2 . r,S • 0 BK701PG458 Said sale may be held not less than eight (8) days following the first advertisement. Commission of two and one-half percent (2- 1/2%) of indebtedness shall be due Trustees if property is adver- tised but indebtedness paid before sale. The parties of the first part reserve the right to pay at any time the entire indebtedness, or any part thereof, without penalty to the holder of the indebtedness hereby secured. Exemptions waived. Subject to all upon default. Insurance required against fire and other calamity in the amount of the insurable value. Any default in the amount of the monthly payment 1provided in said secured indebtedness, unless paid within Ten (10) days from the due date of said payment, shall at the option of the holder of said indebtedness, constitute an event of default under this deed of trust. The holder of the secured indebtedness may collect a "late charge" not to exceed Five percent (5%) of the amount of each payment more than ten (10) days in arrears to cover the extra expenses involved in handling delinquent payments. All powers conferred by this deed of trust on said (Trustees may be exercised by any one or both of said Trustees. The holder of the indebtedness secured by this deed of trust is hereby granted the power to appoint a substitute Trustee or Trustees pursuant to Section 26-49 of the Code of Virginia in the event of resignation, death, incapacity, disability, removal or absence from the State of a Trustee or Trustees; such substi- tute Trustee or Trustees shall have the same powers as if origi- nally named herein. The property secured by this deed of trust may not be 3 BK7 0 1 PG4 59 conveyed to any other person, firm or corporation, without the prior written consent of the beneficiary and any such conveyance shall be construed as a default of the trust. NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY SECURED HEREBY. WITNESS the following signatures and seals: _ n 1 4 - '110� _eSZ_ _ (SEAL) TOMAS J. GG� L SPIE 1Q -)J - N� v ��' (SEAL) LEILA M. GILLISPIE (STATE OF VIRGINIA County of Frederic To-w JI, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that THOMAS J. GILLISPIE and LEILA M. GILLISPIE, his wife, whose name is signed to the foregoing deed of trust, bearing date the 16th day of December, 1988, has this day personally appeared before me and acknowledged the same. Given under my hand this 16th day of December, 1988. My commission expires r Notary Public VIRGNA: FRF0I=RICK COUNTY- SCT. Pr oce This instrumQnt oT writing d iting was / u . of to me on the b vji of acknowledg merit tiiare'o a:•ne�vd was admitted to record. CLERK 4- . VC _ t W6- - o �•.; COMMONW&TH OF VIRGINIA r r N I I i i r t C jy� Frr�jppT ry;��F�� FREDEMI RT DEED RECEIPT DATE: 1?/19!33 TIME: 141112 ACCC{UNT: 069CLROS009666 RECEIPT: 88000 014764 CA5^IER: LLL REG: 017 TYPE: TRUST PAYMENT: FULL BY PERS. CHECK INSTRUMENT : BSOOi666 ROOK: 701 PAGE: 456 RECORDED 12/19;ES AT 14:50 GRANTOR NOE : TENS A GI_LISPIE, ET {N GRANTEE NAME : EN' R. _, C. AND ADDRESS . RECEIVED OF SC11=LY, TRF:3CK;1G. T"� ri DE5CRIP 'ON i:.:Y ; >> _r;., RIu EwAYPiEIG-TS CONSIDERA; L.,: 545000.00 ASSiiP ION: .00 MAP; rr-nr. T G CODE vc�t.�{�P•IOV PLAID COD_ DESCRIPTION SPA IG 301 DEEDS 11.00 039 DEEDS AND CONTRACTS 81.00 213 COUNTY ONNTEE TAX EL 00 TOTAL TENDERED i19.00 TOTAL AMOUNT PAID: 119.00 TOTAL CHANGE AMT : .00 i CLERK OF COURT: GEORGE B. WHITACRE i DC-19 5/86 �.