Legals 01-01-20
Published 12:57 pm Tuesday, December 31, 2019
PUBLIC NOTICE
Notice is hereby given pursuant to Sections 15.2-2204 and 15.2-2311 of the Code of Virginia, as amended, that the Isle of Wight County Board of Zoning Appeals will hold a Public Hearing on Monday, January 6, 2020, to consider the following application:
The application of Jeffrey I. Ornoff for an appeal of a zoning determination that the use of property located at 214 Shivers Mill Lane, Carrollton, in the Newport Election District, as a short term rental (aka an Airbnb) is governed by and is in compliance with Isle of Wight County’s Zoning Ordinance Sec. 5-1005(B).
A copy of the said application and the Isle of Wight County Zoning Ordinance are on file in the Department of Planning and Zoning, Isle of Wight Courthouse, Isle of Wight, Virginia and are available for public examination.
Any person desiring to be heard in favor of, in opposition to, or to express his views with respect to the aforesaid application may appear before and be heard by said Board during the Public Hearing to be held in the Board of Supervisors Room, Isle of Wight Courthouse, Isle of Wight, Virginia, on Monday, January 6, 2020 beginning at 6:00 P.M.
The County of Isle of Wight is in compliance with the Americans with Disabilities Act of 1990. If you will require an accommodation or sign language interpreter to participate in the meeting, reasonable accommodations can be made upon request. Please make requests to the Clerk of the Board of Supervisors at least five (5) days in advance of the meeting at (757) 365-6204.
ISLE OF WIGHT COUNTY BOARD OF ZONING APPEALS
By: Sandy W. Robinson, Secretary
L19-212
Dec25/2tc
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NOTICE OF PUBLIC HEARING
TOWN COUNCIL OF THE TOWN OF SMITHFIELD
SPECIAL USE PERMIT
Notice is hereby given that the Town Council of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Town Council in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, January 7th, 2020 at 6:30 p.m. to consider the application of KLS Battery Park Development Group, LLC, owner, and Waterford at Battery Park, LLC, prospective owner for a special use permit under the provisions Article 3.F, Section C, 238 and Article 3.I, Section C of the Zoning Ordinance of the Town of Smithfield, Virginia, adopted September 1, 1998, and as amended thereafter, in order to approve a waiver from the requirement of Section 3.F.I.2.B, which states:
Separate parking spaces shall be allocated and reserved for recreational vehicle parking on the basis of one (1) recreational vehicle parking space per six (6) dwelling units. No recreational vehicle parking space shall front on a public street.
The property which is the subject of this special use permit application is located on the northeast side of S. Church Street and Battery Park Road. (Tax Map #21A-01-511) containing 18.3+/- acres. The parcel’s current zoning designations are Entrance Corridor Overlay (ECO) & Highway Retail Commercial (HRC).
Any person affected by or interested in the aforesaid application may appear at the hearing and be heard. Copies of the Zoning Ordinance of the Town of Smithfield and application for this special use permit are available for inspection at the Department of Community Development & Planning, 310 Institute Street, Smithfield, Virginia 23430.
TOWN OF SMITHFIELD, VIRGINIA
BY: Lesley G. King, Clerk
L19-215
Dec25/2tc
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NOTICE OF PUBLIC HEARING
TOWN COUNCIL OF THE TOWN OF SMITHFIELD
CHANGE IN ZONING CLASSIFICATION
Notice is hereby given pursuant to Sections 15.2-2204 of the Code of Virginia, (1950), as amended, that the Town Council of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Town Council in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, on Tuesday, January 7th, 2020 at 6:30 p.m. to consider the application of KLS Battery Park Development Group, LLC, owner, and Waterford at Battery Park, LLC, prospective owner, for an amendment to the current zoning ordinance to change the zoning classification of certain property from Entrance Corridor Overlay (ECO) & Highway Retail Commercial (HRC) to Conditional Entrance Corridor Overlay (CECO) & Conditional Multifamily Residential (CMFR).
The proposed change in zoning classification to Conditional Entrance Corridor Overlay (ECO) & Conditional Multi-Family Residential (MFR) would permit the construction of 150 single family attached residential dwellings on 18.3+ acres. The property which is the subject of this application is identified on the current Land Book and Tax Maps for Isle of Wight County as Tax Map Parcel 21A-01-511. Said parcel is located on the Northeast side of S. Church Street and Battery Park Road. The parcel’s current zoning designations are Entrance Corridor Overlay (ECO) & Highway Retail Commercial (HRC). The proposed general usage of the property is for a Multi-family Residential development with a proposed density range of approximately 11.9 dwelling units per acre. The Future Land Use designation for the subject property as set forth in the Town’s Comprehensive Plan is Retail Commercial development.
Copies of the current Zoning Ordinance for the Town of Smithfield, Virginia, and all amendments thereto, along with copies of the proposed application for a change in zoning classification and the applicants’ proffered conditions are on file and may be examined in the Department of Community Development & Planning at 310 Institute Street, Smithfield, Virginia.
Any person desiring to be heard in favor of, in opposition to, or to express his or her views with respect to the aforesaid application for a change in zoning classification may appear and be heard.
TOWN OF SMITHFIELD
By: Lesley G. King, Clerk
L19-216
Dec25/2tc
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NOTICE OF PUBLIC HEARING
TOWN COUNCIL OF THE TOWN OF SMITHFIELD
AMENDMENT OF COMPREHENSIVE PLAN
Notice is hereby given pursuant to Sections 15.2-2204 of the Code of Virginia, (1950), as amended, that the Town Council of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Town Council on Tuesday, January 7th, 2020 at 6:30 P.M., in the council chambers in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, to consider the application of KLS Battery Park Development Group, LLC, owner, and Waterford at Battery Park, LLC, prospective owner, for an amendment to Chapter VI – Future Land Use Plan of the Comprehensive Plan of the Town of Smithfield pursuant to the provisions of Section 15.2-2229 of the Code of Virginia, (1950), as amended.
The proposed amendment of the Comprehensive Plan proposes a change in the future land use designations on the map attachment to the Future Land Use Plan. The property which is the object of this application is located on the northeast side of S. Church Street and Battery Park Road. (Tax Map #21A-01-511) containing 18.3+/- acres.
The current future land use designation for this parcel is Retail Commercial as to 22.205+/- acres. The applicant proposes a change to the future land use designation for a portion of the tract containing 18.3+/- acres as Multifamily/Retirement
Copies of the current Comprehensive Plan for Smithfield, Virginia, and all amendments thereto, along with copies of the proposed amendment to the Comprehensive Plan for Smithfield, Virginia, are on file and may be examined in the Department of Community Development & Planning, 310 Institute Street, Smithfield, Virginia.
Any person desiring to be heard in favor of, in opposition to, or to express his or her views with respect to the aforesaid revisions and amendments may appear and be heard.
TOWN OF SMITHFIELD
By: Lesley G. King, Clerk
L19-217
Dec25/2tc
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NOTICE OF PUBLIC HEARING
TOWN COUNCIL OF THE TOWN OF SMITHFIELD
AMENDMENT AND REVISION OF ZONING ORDINANCE
Notice is hereby given pursuant to Sections 15.2-2204 and 15.2-2285 of the Code of Virginia, (1950), as amended, that the Town Council of the Town of Smithfield, Virginia will hold a public hearing at the regular meeting of the Town Council on Tuesday, January 7th, 2020 at 6:30 P.M., in The Smithfield Center, 220 N. Church Street, meeting room A, Smithfield, Virginia, to consider the amendment and revision of Article 3.L of the Town’s Zoning Ordinance to allow for the addition of Section C.34, which will read:
Private wells for the purpose of batching and mixing concrete.
This will allow for the permissibility of private wells used for batching and mixing concrete within the Heavy Industrial (I2) zoning district by Special Use Permit- this use is currently not permitted in any zoning district.
This public hearing has been held to consider the application of SB Cox Ready Mix, Inc., owner of the property which is the subject of this text amendment application and located at 865 W Main St (Tax Map #21-01-071). The parcel’s current zoning designation is Entrance Corridor Overlay (ECO) & Heavy Industrial (I2).
Copies of the current Zoning Ordinance for Smithfield, Virginia, adopted September 1, 1998, and all amendments thereto, along with copies of the proposed revisions and amendments of the Zoning Ordinance for Smithfield, Virginia are on file and may be examined in the office of
the Department of Community Development & Planning, 310 Institute St, Smithfield, Virginia 23430.
Any person desiring to be heard in favor of, in opposition to, or to express his or her views with respect to the aforesaid revisions and amendments may appear and be heard.
TOWN OF SMITHFIELD
By: Lesley G. King, Clerk
L19-218
Dec25/2tc
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NOTICE OF PUBLIC SALE
Auction! Please take notice of a public auction for the sale of delinquent or abandoned items in Sawco Self Storage Units 29, 50, 141, 306, 378, 385, 419, 499, 601. Auction to be held January 14, 2020 at 10:00am on site at 15111-D Carrollton Blvd., Carrollton, VA 23314. TERMS CASH!
L20-06
Jan1/1tc
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TRUSTEE’S SALE OF
631 Tappahanna Hundred
Surry, VA 23883
Pursuant to the terms of a certain Deed of Trust, in the original principal amount of $362,530.00 , dated January 23, 2017, and recorded in the Clerk’s Office of the Circuit Court of Surry, Virginia (the “Clerk’s Office”), in Deed Book 275 at Page 746 as Instrument Number 170040139, default having been made in the payment of the note thereby secured, the undersigned Sole Acting Substitute Trustees, pursuant to the request of the holder of the Note thereby secured, will offer for sale at public auction outside of the Surry Circuit Court, located at 28 Colonial Trail, East, Surry, VA 23883 on January 10, 2020 at 01:00 PM, the property briefly described as 631 Tappahanna Hundred, Surry, VA 23883, and more particularly described in said Deed of Trust as follows:
ALL THAT certain lot, piece or parcel of land situate, lying and being in Cobham Magisterial District, Surry County, Virginia, shown and identified as Lot P, Containing 5.51 acres, more or less, on that certain plat of survey entitled, “Plat Showing Subdivision of Tappahanna Hundred – II Shown Hereon as Lots M, P, Q & R for John C. Baker Located in Cobham Magisterial District Surry County, Virginia, Scale 1″=200` August 30, 2002, revised December 1, 2007, Revised August 20, 2008”, made by S.V. Camp, III & Associates, Inc., copy of which plat of survey is recorded in Plat Book 7, at Page 223 in the Clerk`s Office of the Circuit Court of Surry County, Virginia, reference to which is here made for a complete metes and bounds description of the property herein conveyed.A, with improvements thereon.
TERMS OF SALE: Cash. A ten percent (10%) bidder’s deposit in cash or certified check payable to the Trustee(s) shall be required of the successful bidder at the time of sale before the bidding will be closed; settlement must be made within twenty (20) days from the date of sale or property to be resold at cost of defaulting purchaser. All costs of conveyancing, examination of title, recording charges, etc. will be at cost of purchaser. Neither the Substitute Trustees, nor any other party guarantees or covenants to deliver, or in any way, to obtain possession of the premises for any third party purchaser. Additional terms may be announced at the time of sale. Sale will also be subject to additional terms contained in the Memorandum of Sale to be executed by the successful bidder upon purchase.
Commonwealth Asset Services, LLC
Sole Acting Substitute Trustees
This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose.
FOR INFORMATION CONTACT:
Commonwealth Asset Services, LLC
4429 Bonney Road, Suite 500, Virginia Beach, VA 23462
www.sykesbourdon.com
(757) 965-5097 BETWEEN HOURS OF 9:00 A.M. and 11:00 A.M. ONLY
Our Case No: CA19-190201-1
L19-211
Jan1/2tc
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PUBLIC NOTICE
Notice is hereby given that the Isle of Wight County Board of Supervisors will hold a Public Hearing on Thursday, January 16, 2020 to consider for adoption the new comprehensive plan, Envisioning the Isle, for the long-range development of the County.
Copies of the proposed new comprehensive plan can be reviewed at the Department of Planning and Zoning, the Carrollton, Franklin, Smithfield and Windsor branches of the Blackwater Regional Library, the Otelia J. Rainey Community Center, and the library at Carrsville Elementary School. The proposed Plan may also be viewed on the County’s website at www.iwus.net.
Any person desiring to be heard in favor of, in opposition to, or to express his or her views with respect to the proposed new comprehensive plan may appear before and be heard by said Board of Supervisors during the Public Hearing to be held in the Robert C. Claud, Sr. Board Room at the Isle of Wight County Courthouse, Isle of Wight, Virginia, on Thursday, January 16, 2020. The public meeting is scheduled to start at 6:00 p.m.
The County of Isle of Wight is in compliance with the Americans with Disabilities Act of 1990. If you will require an accommodation or sign language interpreter to participate in the meeting, reasonable accommodations can be made upon request. Please make requests to the Clerk of the Board of Supervisors at least five (5) days in advance of the meeting at (757) 365-6204.
ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
L20-01
Jan1/2tc
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NOTICE IS HEREBY GIVEN THAT THE SURRY COUNTY BOARD OF ZONING APPEALS WILL HOLD A PUBLIC HEARING ON WEDNESDAY, JANUARY 15, 2020 AT 6:00 PM IN THE GENERAL DISTRICT COURTROOM LOCATED IN THE SURRY COUNTY GOVERNMENT CENTER, 45 SCHOOL STREET, SURRY, VIRGINIA TO CONSIDER THE FOLLOWING:
BZA Case No. 2019-03
Variance application of John M. Seward per Section 1-300, of the Surry County Zoning Ordinance (ZO).
The application is to allow the minimum front yard setbacks to decrease to 35 ft.
on a parcel that is approximately one-half acre, not meeting the standards of section 3-305.B.1 The subject parcel is #28-81A, 47 Brownsview Lane.
Copies of the Variance applications are available for review by the public 9 AM – 5 PM Monday – Friday in the Department of Planning, Surry County Government Center, 45 School Street, Surry, Virginia. Telephone (757) 294-5210.
L20-03
Jan1/2tc
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TRUSTEE’S SALE
335 Spring Hill Place
Smithfield, VA 23430
In execution of the Deed of Trust dated August 12, 2016 and recorded on August 16, 2016 in Instrument # 160003572 and modified by loan modification recorded on July 26, 2018, of Isle Of Wight County land records, Trustee Services of Virginia, LLC, the appointed Substitute Trustee, will offer for sale at public auction at the front steps of the Circuit Courthouse, Courts Building 17000 Josiah Parker Circle, Isle of Wight County, Virginia on January 28, 2020 at 3:00 PM the property more particularly described in the aforementioned Deed of Trust, located at the property address listed below and briefly identified as follows:
All that certain lot, piece or parcel of land, with all improvements thereon and all appurtenances thereto belonging, located and being in the County of Isle of Wight Commonwealth of Virginia, and being designated as follows:
Lot 272, Phase 2A, BENN’S GRANT, as shown on a plat entitled “Subdivision Plat Of Benn’s Grant, Phase 2A” made by LRI, Landtech Resources, Inc., dated October 21, 2015, recorded January 21, 2016, in Plat Book 2016, page 7, images 1-4, as amended in Instrument Numbers 160000444-160000447, among the land records of Isle of Wight County, Virginia, and to which reference is hereby made for a more particular description of the property hereby conveyed.
Being the same real estate conveyed to the Grantors herein by Deed of NVR, Inc., dated August 4, 2016, recorded August 16, 2016 in the aforesaid Clerk’s Office as Instrument Number 160003571.
Tax No.: 32-01-075A272
Property address: 335 Spring Hill Place, Smithfield, VA 23430
The property will be sold “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND SUBJECT TO conditions, covenants, restrictions, reservations, easements, rights of way, and all other matters of record taking priority over the Deed of Trust, if any, as might be listed in this notice or may be announced at the sale.
TERMS OF SALE: A non-refundable bidder’s deposit of $39,000.00 or 10% of the sale price, whichever is less, by cashier’s or certified check required at time of sale, except for the party secured by the Deed of Trust. Risk of loss is on the purchaser from date and time of auction. Balance of the purchase price must be paid by cashier’s check within 14 days from sale date. Except for Virginia Grantor tax, all settlement costs and expenses are purchaser’s responsibility. Taxes are pro-rated to the date of sale. Purchaser is responsible for obtaining possession of the property. If purchaser defaults, deposit may be forfeited and property resold at the risk and cost of the defaulting purchaser who shall be liable for any deficiency in the purchase price and all costs, expenses, and attorney’s fees of both sales. If Trustee does not convey title for any reason, purchaser’s sole remedy is return of deposit without interest. This sale is subject to post-sale audit of the status of the loan secured by the Deed of Trust including but not limited to determining whether prior to sale a forbearance, repayment, or other agreement was entered into, the loan was reinstated or paid off, or whether the property became subject to an automatic stay under the U.S. Bankruptcy Code prior to the sale; in any such event this sale shall be null and void and purchaser’s sole remedy shall be return of deposit without interest. Pursuant to the Federal Fair Debt Collections Practices Act, this law firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.
(19-15459)
FOR INFORMATION CONTACT:
BROCK & SCOTT, PLLC
(Attorney for TRUSTEE SERVICES OF VIRGINIA, LLC)
484 Viking Drive, Suite 203
Virginia Beach, VA 23452
(757)213-2959
L20-05
Jan1/2tc
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TRUSTEE’S SALE
11120 Smiths Neck Road
Carrollton, VA 23314
In execution of the Deed of Trust dated March 27, 2013 and recorded on April 2, 2013 in Instrument # 130001810 of Isle Of Wight County land records, Trustee Services of Virginia, LLC, the appointed Substitute Trustee, will offer for sale at public auction at the front steps of the Circuit Courthouse, Courts Building 17000 Josiah Parker Circle, Isle of Wight County, Virginia on February 3, 2020 at 2:00 PM the property more particularly described in the aforementioned Deed of Trust, located at the property address listed below and briefly identified as follows:
PARCEL 1
ALL OF THAT certain lot, piece or parcel of land, triangular in shape, situate, lying and being in the Western side of the secondary road leading from Rescue to Carrollton, Newport Magisterial District, Isle of Wight County, Virginia, and is more particularly described as follows, to-wit:
BEGINNING at an Iron pin set on the Western edge of the right-of-way of the road aforesaid, a corner for the lot hereby conveyed and other property of the said parties of the first part, and running thence in a general Southerly direction down and along the Western side of said highway a distance of two hundred twenty- five (225) feet to an iron pin, a corner for the lot hereby conveyed and the lands of H. P. Minga, thence running in a general Westerly direction along the line of said H. P. Minga a distance of two hundred twenty-five (225) feet to another iron pin, a corner, thence running in a general Easterly direction along the line of other property of the said parties of the first part a distance of approximately one hundred seventy-five (175) feet to the iron pin herein mentioned, the point of beginning.
PARCEL 2
ALL OF THAT certain lot, piece or parcel of land, situate, lying and being in the Newport Magisterial District, Isle of Wight County, Virginia, and is more particularly described as follows, to-wit:
BEGINNING at a point on the Westerly side of the right of way of the said highway, a corner for the lot hereby conveyed and other property of the said Melvin Boyette, and running thence in a general Easterly direction down and along the line of the said Melvin Boyette a distance of approximately one hundred seventy-five (175) feet to a point in the line of the land of Hugh R. Minga; thence running down and along the line of the land of said Hugh R. Minga in a general Northerly direction a distance of approximately seventy-five (75) feet to a point, a corner for the lot hereby conveyed and the lot of Robert L. Brown and Jane Murphy Brown; thence running in a general Easterly direction along the line of the said Brown lot a distance of approximately two hundred twenty-five feet to a point in the Western side of the right of way of the said Highway; thence running down and along the said Highway in a general Southerly direction a distance of seventy-five (75) feet to the point of beginning, the said lot being bounded on the East by said highway, on the South by the land of Melvin Boyette, on the West by the land of Hugh R. Minga, on the North by the lot of Robert L. Brown and Jane Murphy Brown.
LESS, save and except that certain parcel or land conveyed to the Commonwealth of Virginia, from Sadie Murphy Boyette by deed dated November 27, 1995 and recorded in the aforesaid Clerk’s Office on November 29, 1995 in Deed Book 465 at page 540.
IT BEING the same properties conveyed to Elizabeth Ann Amador-Ganey by deed from James N. Joslyn and Christina E. Joslyn, dated March 27, 2013 and recorded as Instrument No. 130001809 in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia.
Tax No.: 23B-01-020//23B-01-020A
Property address: 11120 Smiths Neck Road, Carrollton, VA 23314
The property will be sold “AS IS,” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND SUBJECT TO conditions, covenants, restrictions, reservations, easements, rights of way, and all other matters of record taking priority over the Deed of Trust, if any, as might be listed in this notice or may be announced at the sale.
TERMS OF SALE: A non-refundable bidder’s deposit of $10,000.00 or 10% of the sale price, whichever is less, by cashier’s or certified check required at time of sale, except for the party secured by the Deed of Trust. Risk of loss is on the purchaser from date and time of auction. Balance of the purchase price must be paid by cashier’s check within 14 days from sale date. Except for Virginia Grantor tax, all settlement costs and expenses are purchaser’s responsibility. Taxes are pro-rated to the date of sale. Purchaser is responsible for obtaining possession of the property. If purchaser defaults, deposit may be forfeited and property resold at the risk and cost of the defaulting purchaser who shall be liable for any deficiency in the purchase price and all costs, expenses, and attorney’s fees of both sales. If Trustee does not convey title for any reason, purchaser’s sole remedy is return of deposit without interest. This sale is subject to post-sale audit of the status of the loan secured by the Deed of Trust including but not limited to determining whether prior to sale a forbearance, repayment, or other agreement was entered into, the loan was reinstated or paid off, or whether the property became subject to an automatic stay under the U.S. Bankruptcy Code prior to the sale; in any such event this sale shall be null and void and purchaser’s sole remedy shall be return of deposit without interest. Pursuant to the Federal Fair Debt Collections Practices Act, this law firm is a debt collector attempting to collect a debt and any information obtained will be used for that purpose.
(19-18224)
FOR INFORMATION CONTACT:
BROCK & SCOTT, PLLC
(Attorney for TRUSTEE SERVICES OF VIRGINIA, LLC)
484 Viking Drive, Suite 203
Virginia Beach, VA 23452
(757)213-2959
L20-04
Jan1/2tc
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