027-06BOARD OF SUPERVISORS
RESOLUTION AGREEING TO THE ANNEXATION
OF PROPERTY OF SHEN-VALLEY LIME INTERMEDIARY
AND SOUTHERN STATES WINCHESTER COOPERATIVE, INC.
INTO THE TOWN OF STEPHENS CITY
WHEREAS, the County of Frederick, Virginia, and the Town of Stephens City,
Virginia, entered into a Voluntary Settlement Agreement dated Apri126, 2005; and
WHEREAS, this Voluntary Settlement Agreement was approved by a Special
Three-Judge Court on June 25, 2005; and
WHEREAS, the County of Frederick is in receipt of a request from Shen-Valley
Lime Intermediary and Southern States Winchester Cooperative, Incorporated, for the
annexation of 174.2236 acres, more or less, situate in the Phase II Annexation area, into
the Town of Stephens City.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the
County of Frederick, Virginia, has no objection to the annexation of property of Shen-
'~ Valley Lime Intermediary and Southern States Winchester Cooperative, Incorporated,
into the Town of Stephens City pursuant to the Voluntary Settlement Agreement dated
April 26, 2005, and approved by the Special Three-Judge Court on June 25, 2005.
ADOPTER this 13`h day of December, 2006.
VOTE:
Richard C. Shickle Aye_ Gene E. Fisher
Bill M. Ewing Ave Philip A. Lemieux A~
Charles S. DeHaven, Jr. Ave Barbara E. Van Osten Aye
Gary W. Dove ~'?
~~
J iley, Jr., Clerk
Resolution No.: )27-06
COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
540/665-5666
Fax 540!667-0370
E-mail:
j riley C~ co.frederick.va.us
i ~,(1 epjs, ap ~~~1~ ]
~ ~'kA! p ## a ~`
TO:
FROM:
SUBJECT:
DATE:
Board of Supervisors
John R. Riley, Jr., County Administrator ~ ~~E-'1
Town of Stephens City Phase II Annexation Area Request
December 7, 2006
You will find attached a request from Mr. Michael L. Bryan, legal counsel for Shen-Valley Lime
Interntediary, L.L.C. and Southern States Winchester Cooperative, Incorporated for the proposed
~" annexation of 174.2236 acres, more or less, located in the Phase II Annexation area, per the Voluntary
Settlement Agreement between the Town of Stephens City and the County of Frederick, Virginia, dated
Apri126, 2005.
This request has been reviewed by Mr. Richard Cranwell, attorney, for compliance with the Voluntary
Settlement Agreement. Mr. Cranwell has advised that his questions had been adequately addressed and, if
the Board has no objection, a resolution approving this request would be appropriate.
If this request is approved, the Town intends to conduct its public hearing on this annexation request at its
December 19, 2006 meeting.
Should you have any questions or need additional information, please do not hesitate to contact me.
JRR/j et
Attachment
107 North Kent Street Winchester, Virginia 22601-5000
BRYAN & COLEMAN, P.L.C.
ATTORNEYS AT LAW
9 COURT SQUARE, 2nd Floor
WINCHESTER, VIKGINIA 22601
TELEPHONE: (540)545-4130
FAX: (540)545-4131
MICHAEL L. BRYAN, ESQUIRE
November 8, 2006
HAND DELIVERED
John R. Riley, Jr., County Administrator
County of Frederick
107 North Kent Street
Winchester, Virginia 22601
Email: mbryan2(,eartl~link.net
RE: Proposed Annexation/Shen-Valley Lime Intermediary, L.L.C. and Southern States
Winchester Cooperative, Incorporated Lands
Dear John:
Please find enclosed the following documents in connection with the proposed
annexation of 174.2236 acres, more or less, located in the Phase II Annexation Area as
referenced in the Voluntary Settlement Agreement Between The Town of Stephens City and
Frederick County dated Ap~i126, 2005:
Resolution of Intent to Adopt Ordinance of Annexation as adopted by the
Town Council of the Town of Stephens City, Virginia at its monthly
meeting held on Tuesday, November 7, 2006.
2. Annexation Notice, together with attached Exhibits (Boundary Survey and
Metes and Bounds Descriptions).
3. Copy of landowners' request to have 174.2236 acres, more or less,
annexed into the Town.
Please acknowledge receipt of these documents as indicated below. Thank you.
r__-_
Enclosures
ACKNOWLEDGMENT:
Receipt of Resolution of Intent to Adopt Ordinance of Annexation and Annexation Notice is
hereby acknowledged:
Date: November , 2006
COUNTY OF FREDERICK, VIRGINIA
By:
Its:
RESOLUTION OF INTENT TO
ADOPT ORDINANCE OF ANNEXATION
WHEREAS, by that certain Voluntary Settlement Agreement Between The Town
Of Stephens City and Frederick County dated April 26, 2005 (the "Annexation
Agreement', the County of Frederick, Virginia (the "County") and Town of Stephens
City, Virginia (the "Town") that the Town may annex by ordinance approximately 350
acres of land south of the existing Town corporate limits referred to in the Agreement as
the Phase II Annexation Area in accordance with the terms of the Annexation Agreement;
and
WHEREAS, the Annexation Agreement was approved by the Circuit Court of
Frederick County, Virginia sitting as a Special Court by Panel Order entered on June 25,
2005; and
WI~REAS, pursuant to Section 4.3 of the Annexation Agreement, the Town
may annex any tax parcels in the Phase II Annexation Area by passage of an ordinance of
annexation (the "Phase II Annexation Ordinance's by majority vote of the.members
elected to Town Council; and
WHEREAS, the Town may annex any tax map parcel by adoption of a Phase II
Annexation Ordinance provided that the annexation complies with the terms of Section 4
of the Annexation Agreement and other provisions thereof; and
WHEREAS, by letter dated November 3, 2006, Shen-Valley Lime Intermediary,
L.L.C. and Southern States Winchester Cooperative, Incorporated requested that the
Town annex the following tracts or parcels of land containing in the aggregate 174.2236
1
acres, more or less, being more particularly described as follows:
1. Tax Map Parcel 85-A-49, containing 5.0573 acres, more or less, owned by
Shen-Valley Lime Intermediary, L.L.C. ("Shen-Valley Parcel #1").
2. Portion of Tax Map Pazce185-A-48, containing 163.1432 acres, more or less,
owned by Shen-Valley Lime Intermediary, L.L.C. ("Shen-Valley Parcel #2'~.
3. Tax Map Pazce185-A-46B, containing 6.0231 acres, more or less, owned by
Southern States Winchester Cooperative, Incorporated ("Southern States Parcel").
The foregoing tracts or pazcels of land are sometimes hereinafter collectively
referred to as the "Annexation Parcels"; and
WHEREAS, the Town has prepared the Annexation Notice to be forwarded to
the County in compliance with Section 4.5 of the Annexation Agreement; and
WHEREAS, by adoption of this Resolution the Town directs the Town Manager
to forward the appropriate Annexation Notice to the County in accordance with the
provisions of Section 4.5 of the Annexation Agreement; and
WHEREAS, in the spirit of cooperation between the Town and the County as
evidenced by the adoption of the Annexation Agreement, the Town expresses by this
.Resolution its commitment to abiding by the Annexation Agreement by providing notice
to the County of the proposed schedule of annexation by Phase II Annexation Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of
Stephens City, Virginia in a meeting held on this 7~' day of November, 2006, that;
1. The Town Council of the Town of Stephens City, Virginia intends to
2
adopt a Phase II Annexation Ordinance annexing Shen-Valley Parcel #1,Shen-Valley
Parcel #2 and the Southern States Pazcel.
2. The Town Council of the Town of Stephens City, Virginia pursuant to
Section 4.5(a) of the Annexation Agreement, hereby directs and authorizes the Mayor to
forthwith execute and deliver a copy of this Resolution to the County together with the
Annexation Notice, a copy of which is attached hereto and incorporated herein by
reference as if set out in full.
3. The Town Council of the Town of Stephens City, Virginia further directs
the Mayor to advertise for a Public Hearing to be held on December 6, 2006 at 7.30 p.m.
at the Town Council Chambers to receive public input upon the proposed Phase II
Annexation Ordinance annexing the Annexation Pazcels.
4. The Town Council of the Town of Stephens City, Virginia further
respectfully requests that within sixty (60) days of the receipt of the Annexation Notice
by the County, that the County give written notice to the Town pursuant to Section 4.5(c)
of the Agreement that either County objects to the annexation of the above-referenced
Annexation Pazcels, or in the event that the County does object, the County's reasons for
objecting by stating why the proposed annexation of the Annexation Pazcels is not in
compliance with the terms of the Annexation Agreement.
5. That consideration of the adoption of the Phase II Annexation Ordinance
be placed upon the agenda of the Town Council meeting scheduled for February 6, 2007.
IN WITNESS WHEREOF, the Town Council of the Town of Stephens City,
Virginia has caused this Resolution to be duly executed on its behalf by its Mayor and
attested by its Clerk_
MAYOR RAY EWING
ATTEST:
T
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MLB/smb
v e:~Annexation~Resolution of L~teat to Adopt Ordinance
11/6/O6
ANNEXATION NOTICE
DATE: NOVEMBER 7, 2006
FROM: SHEN-VALLEY LIME INTERMEDIARY, L.L.C. AND
SOUTHERN STATES R'INCHESTER COOPERATIVE,
INCORPORATED
TO: FREDERICK COUNTY BOARD OF SUPERVISORS
RE: STATEMENT OF TOWN OF STEPHENS CITY'S BASIS FOR
PHASE II ANNEXATION OF LANDS OF SHEN-VALLEY
INTERMEDIARY, L.L.C. AND SOUTHERN STATES
WINCHESTER COOPERATIVE, INCORPORATED PURSUANT
TO VOLUNTARY SETTLEMENT AGREEMENT BETWEEN THE
TOWN OF STEPHENS CTTY AND FREDERICK COUNTY
Pursuant to Section 4.3 of that certain Voluntary Settlement Agreement Between
The Town Of Stephens City and Frederick County dated April 26, 2005 (the
"Annexation Agreement"), as approved by the Circuit Court of Frederick County,
Virginia sitting as a Special Court by Panel Order entered on June 25, 2005, the Town of
Stephens City (the "Town") may annex any tax pazcels in the Phase II Annexation Area
(as defined in the Annexation Agreement) by passage of an ordinance of annexation (the
"Phase H Annexation Ordinance") by a majority vote of the members elected to the
Stephens City Town Council. Prior to the adoption of any Phase II Annexation
Ordinance, the Town must give written notice (the "Annexation Notice") of its proposed
adoption of a Phase II Annexation Ordinance to the County of Frederick, Virginia (the
"County"), as required by Section 4.5(a) of the Annexation Agreement.
The Town and the County have agreed to the phased annexation of the lands
1
contained in the Phase II Annexation Area as set forth in Section 4.1 of the Annexation
Agreement. The Phase II Annexation Area includes the Annexation Pazcels which are the
subject of this Annexation Notice.
Pursuant to Section 4.3(d) of the Annexation Agreement, any pazcel or parcels
proposed for annexation must be located in the Phase II Annexation Area and are either
located contiguous to the Town's current boundary or contiguous to another tax parcel
that is contiguous to the Town's current boundary. Any tax parcel that is not contiguous
to the Town, but is contiguous to another tax pazcel that is contiguous to the Town must
also meet the requirements of Section 4.3(a), (b), or (c). In addition, any tax pazcel
deemed "developed" (as defined in Section 3.4 of the Annexation Agreement) at the time
of adoption of the Phase II Annexation Ordinance is eligible for annexation into the
Town, as provided in Section 4.3 of the Annexation Agreement.
By letter dated November 3, 2006 (the "Annexation Request"), Shen-Valley
Lime Intermediary, L.L.C., a Virginia Limited Liability Company, and Southern States
Winchester Cooperative, Incorporated, a Virginia Corporation, requested that Tax Map
Pazce185-A-49, containing 5.0573 acres, more or less, owned by Shen-Valley Lime
Intermediary, L.L.C. ("Shen-Valley Parcel #1"), a portion of Tax Map Parce185-A-48,
containing 163.1432 acres, more or less, owned by Shen-Valley Lime Intermediary,
L.L.C. ("Shen-Valley Parcel #2"), and Tax Map Pazce185-A-46B, containing 6.0231
acres, more or less, owned by Southem States Winchester Cooperative, Incorporated
("Southern States Parcel") (collectively, the "Annexation Parcels") be annexed by the
2
Town by Phase II Annexation Ordinance.
The Town adopted a Resolution at its monthly meeting held on November 7,
2006, wherein it was resolved to accept the Annexation Request and to forward this
Annexation Notice to the County.
Prior to the adoption of a Phase II Annexation Ordinance, the Town must provide
the following to the County as required under Section 4.5 of the Annexation Agreement:
(a) Written notice of the Town's intent to adopt a Phase II Annexation
Ordinance for the Annexation Parcels at least 60 days prior to the adoption of the Phase II
Annexation Ordinance [Section 4.5(a)]; and,
(b) A survey metes and bounds description, a survey plat of the of the
Annexation Parcels and a written statement of the Town's basis for annexing the
Annexation Pazcels [Section 4.5(b)].
The survey plat of the Annexation Pazcel is titled "Boundary Survey Showing a
Portion of The Town of Stephens Ciry Phase II Annexation Area Being The Land of
Shen-Valley Intermediary, L.L.C. And Southern States Winchester Cooperative, Inc.
Phase II Annexation Area Exhibit" dated November 2, 2006 drawn by Richard A. Edens,
L.S. (the "Survey Plat"), and is attached hereto marked Exhibit "1" and incorporated
herein by reference as if set out in full. The metes and bounds description of the
Annexation Parcels is titled "Metes And Bounds Descriptions" dated November 2, 2006,
drawn by Richard A. Edens, L.S. (the "Metes And Bounds Description"), and is
attached hereto marked Exhibit " 2" and incorporated herein by reference as if set out in
3
full.
The Town's basis for the annexation of the Annexation Pazcels, including
reference to specific subsections of the Annexation Agreement, is as follows:
1. The Annexation Parcels are wholly located within the Phase II Annexation
Area as required by the introductory portion of Section 43 of the Annexation Agreement.
2. The owners of the Annexation Parcels have requested that the Town annex
the Annexation Parcels into the Town, which request is made subsequent to the effective
date of the Annexation Agreement, to-wit: as required under Section 4.3(c) of the
Annexation Agreement.
3. The Annexation Pazcels are contiguous to the current Town boundary or
aze contiguous to another tax parcel that is contiguous to the current Town boundary, as
required by Section 4.3(d) of the Annexation Agreement. The Annexation Parcels are in
compliance with the requirements of Section 4.3(d) and Section 4.3(e) based upon the
following:
(a) Shen-Valley Pazcel #1 is contiguous to the Town.
(b) Shen-Valley Parcel #2 is contiguous to the current Town boundary. In
fact, a portion of Shen-Valley Parcel #2, containing 19.5963 acres, more or less, is
already within the boundaries of the Town.
(c) The Southern States Parcel is not contiguous to the Town, but is
contiguous to another tax pazcel that is contiguous to the Town, to-wit: Shen-Valley
Parcel #2. As required under Section 4.3(e), the non-contiguous tax parcel must meet the
4
requirements of Section 4.3(a), (b) or (c). The Southern States Parcel meets the
requirements of Subsection 4.3(a), as the Southern States Pazcel is deemed "developed"
as defined in Section 3.4 of the Annexation Agreement and fiuther satisfies the
requirements of Subsection 4.3(c) as Southern States Winchester Cooperative,
Incorporated has requested the Annexation of the Southern States Parcel into the Town.
4. As required by Section 4.2 of the Annexation Agreement, the Town has
had prepared, without expense to the County, the Survey Plat and the Metes And Bounds
Description of the Annexation Parcels. The Town has provided the County with copies
of the Survey Plat and the Metes And Bounds Description as part of this Annexation
Notice, as required by Section 4.5(b) of the Annexation Agreement.
5. As set forth in Section 4.7 of the Annexation Agreement, the Town has
agreed that it will extend municipal services to the Annexation Parcels.
6. As set forth in Section 5.1 of the Annexation Agreement, the Town and
County agreed that the orderly development of the Phase II Annexation Area is best
accomplished by the types of land uses as shown in the Future Land Use Plan and Future
Land Use Map attached as exhibits to the Annexation Agreement. In furtherance of that
objective, the Town has akeady amended its Comprehensive Plan to incorporate the
Future Land Plan and Future Land Use Map in the Phase II Annexation Area, which
includes the Annexation Pazcels.
7. Upon the effective date of the annexation of the Annexation Pazcels, the
Annexation Parcels shall be temporarily classified as part of the Town's zoning district
5
that is most comparable for the County's zoning district that is most comparable for the
County's zoning district in which each of the Annexation Parcels was located
immediately prior to the annexation.
8. Within six (6) month of the Town Council's adoption of the Annexation
Agreement, the Town Council shall either
(i) affirm the zoning districts established pursuant to Subsection 5.2 of
the Annexation Agreement fo the Annexation Parcels, or
(ii) shall reclassify on or more of the Annexation Parcels to difference
zoning districts that substantially conform to the Future Land Use Plan.
9. As set forth in Sectiori 8.1 and Section 8.2 of the Annexation Agreement,
the Town has previously agreed that it will not initiate, institute or support any
proceeding to annex County territory and that it will not support a citizen annexation of
any land outside of the Phase II Annexation azea for a period of fifteen (15) years.
10. The Town and the County have agreed to division of certain cash proffers
paid as part of any rezoning application of any lands located in the Phase II Annexation
Area, including the Annexation Pazcels, as more fully set forth in Section 9.2 of the
Annexation Agreement.
The Town of Stephens City, Virginia respectfully submits that the proposed
adoption of the Phase II Annexation Ordinance whereby the Annexation Pazcels owned
by Shen-Valley Lime Intermediary, L.L.C. and Southern States Winchester Cooperative,
Incorporated are annexed into the Town is in compliance with the terms of the
Annexation Agreement. The Town respectfully requests, pursuant to Section 4.5(e) of
the Annexation Agreement, that the County, within the sixty (60) day notice period as
called for under Section 4.5(a) of the Annexation Agreement, advise the Town that it
does not object to the proposed annexation of the Annexation Pazcels.
On behalf of the Town Council, your consideration of the foregoing is respectfully
requested.
MA OR RAY EWING
MLB/smb
c~Annexa[ion~.Statemeut of Town of Stephens City
I I/6/06
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BRYAN & COLEMAN, P.L.C.
ATTORNEYS AT LAW
°' 9 COURT SQUARE, 2nd Floor
WINCHESTER, VIRGINIA 22601
TELEPHONE: (540)545-4130
FAX: (540)545-4131
MICHAEL L. BRYAN, ESQUIRE
November 3, 2006
Mr. Michael Kehoe, Town Manager
Town of Stephens. City
P. O. Box 250
Stephens City, VA 22655
Re: Proposed Annexation of the Lands of
Shen-Valley Lime Intermediary, Z.L.C. and
Southern States Winchester Cooperative, Inc.
Dear Mr. Kehoe:
Email: mbryan2@earthlink.net
Pursuant to Section 4.3(c) of that certain Voluntary Settlement Agreement Between The
Town Of Stephens City and Frederick County dated April 26, 2005 (the "Annexation
Agreement"), which Annexation Agreement was approved by that certain Final Order
Validating And Affirming A Voluntary Settlement Agreement Between The Town Of Stephens
City And The County Of Frederick, entered by the Circuit Court of Frederick County, Virginia,
sitting as a Special Court, on June 25, 2005, Shen-Valley Lime Intermediary, L.L.C., a Virginia
Limited Liability Company ("Shen-Valley") and Southern States Winchester Cooperative,
Incorporated., a Virginia Corporation ("Southern States") hereby respectfully requests that the
Town of Stephens City, Virginia (the "Town") annex the following tracts or pazcels of land,
containing in the aggregate 174.2236 acres, more or less, being more particularly described as
follows:
1. Tax Map Parce185-A-49; containing 5.0573 acres, more or less, owned by Shen-
Valley Lime Intermediary, L.L.C. ("Shen-Valley Parcel #1").
2. Portion of Tax Map Pazce185-A-48, containing 163.1432. acres, more or less, owned
by Shen-Valley Lime Intermediary, L.L.C. ("Shen-Valley Parcel #2").
3. Tax Map Parcel 85-A-46B, containing 6.0231 acres, more or less, owned by Southern
States Winchester Cooperative, Incorporated ("Southern States Parcel").
November 3, 2006
_ Page 2
The foregoing tracts or parcels of land are sometimes hereinafter collecfively referred to
as the "Annexation Parcels".
Shen-Valley Lime and Southern States enclose herewith a survey plat of the Annexation
Parcels titled "Boundary Survey Showing a Portion of The Town of Stephens City Phase Il
Annexation Area Being The Land of Shen-Valley Lime Intermediary, L.L.C. And Southern
States Winchester Cooperative, Inc. Phase II Annexation Area Exhibit" dated November 2, 2006,
drawn by Richard A. Edens, L.S. (the "Survey Plat") and metes and bounds description of the
Annexation Parcels titled "Metes And Bounds Descriptions" dated November 2,-2006, drawn by
Richard A. Edens, L.S. (the "Metes and Bounds Description"), which Survey Plat and Metes
and Bounds Description have been prepared without expense to the -Town.
As required by Section 4.3(d) of the Annexation Agreement, the Annexation Parcels are
contiguous to the current Town boundary or are contiguous to another tax parcel that is
contiguous to the current Town boundary. The Annexation Parcels aze in compliance with the
requirements of Section 4.3(d) and Section 4.3(e) of the Annexation Agreement based upon the
following:
(a} Shen-Valley Parcel # 1 is contiguous to the Town.
(b) Shen-Valley Parcel #2 is contiguous to the current Town boundary. In fact, a
portion of Shen-Valley Pazcel #2, containing 19.5963 acres, more or less, is akeady within
the boundaries of the Town.
(c) The Southern States Pazcel is not contiguous to the Town, but is contiguous to
another tax parcel that is contiguous to the Town, to-wit: Shen-Valley Parcel #2. As required
under Section 43(e) of the Annexation Agreement, the non-contiguous tax parcel must meet the
requirements of Section 4.3(a), (b) or (c). The Southern States Parcel meets the requirements of
Subsection 4.3(a), as the Southern States Parcel is deemed "developed" as defined in Section 3.4
of the Annexation Agreement and further satisfies the requirements of Subsection 4.3(c) as
Southern States Winchester Cooperative, Incorporated has requested the annexation of the
Southern States Pazcel into the Town.
Also enclosed is a draft Annexation Notice for the Town's review and approval. A copy
of the Survey Plat and the Metes and Bounds Description aze attached as Exhibits to the
Annexation Notice. I have drafted the Annexation Notice in hopes that this will help expedite
the annexation process.
Please place this matter on the Town Council's meeting agenda on the earliest available
date for consideration of adoption of a Resolution authorizing the giving of the Annexation
November 3, 2006
Page 3
Notice to the County of Frederick, Virginia.
I look forwazd to working with you in this matter and would like to schedule a meeting to
plan the steps necessary to bring the proposed annexation to a successful conclusion.
Ve yours,
ch .Bryan
MLB/smb
Enclosures -Survey Plat of Annexation Parcels;
Metes and Bounds Description
cc: J. David Griffm, Esquire, Town Counsel
Anne Chesney Julian, Esq.
Evan Wyatt, Greenway Engineering
~. y ii,
Ef °~ S~ P 4 r r y
~ ~ DATE: November 1, 2006
RESOLUTION AUTHORIZING ANNEXATION
OF LANDS
Comes now Shen-Valley Lime Intermediary, L.L.C., a Virginia limited liability
company ("Shen-Valley Lime"), by Shen-Valley Lime Corporation, its Manager/Member,
and does hereby adopt the following Resolution:
THAT IT IS HEREBY RESOLVED, that Shen-Valley Lime shall request that the
Town of Stephens City annex the following tracts or parcels of land, containing in the
aggregate 168.2005 acres, more or less, located on the western boundary of Valley Pike (U.S.
Route 11) in Back Creek Magisterial District, Frederick County, Virginia, being more
particularly described as follows:
1. Tax Map Parcel 85-A-49, containing 5.0573 acres, more or less ("Shen-Valley
Parcel #1"); and,
2. Portion of Tax Map Parcel 85-A-48, containing 163.1432 acres, more or less
("Shen-Valley Parcel #2").
Shen-Valley Parcel #1 and Shen-Valley Parcel #2 are more particularly described on
that certain survey plat titled "Boundary Survey Showing A Portion Of The Town of
Stephens City Phase II Annexation Area Being The Land of Shen-Valley Lime Intermediary,
L.L.C. And Southern States Winchester Cooperative, Inc. Phase II Annexation Area Exhibit"
dated November 2, 2006, drawn by Richard A. Edens, L.S. and metes and bounds description
of Shen-Valley Parcel #1 and Shen-Valley Parcel #2 titled "Metes And Bounds Descriptions"
dated November 2, 2006, drawn by Richard A. Edens, L.S., which exhibits are incorporated
herein by reference as if set out in full.
IT IS FURTIIER RESOLVED, that counsel for Shen-Valley Lime shall draft and
forward the appropriate letter requesting annexation to the Town of Stephens City, Virginia,
and such other documents as are necessary in order to seek and to obtain approval of the
annexation of Shen-Valley Parcel #1 and Shen-Valley Parcel #2 into the boundaries of the
Town.
This Resolution shall take effect immediately upon adoption.
DATED: November 1, 2006
SHEN-VALLEY LIME INTERMEDIARY, L. L. C.
By: SHEN-VALLEY LIME CORPORATION,
Member/Manager
By: ~ ' ~ r;rt, ; - p~~ ~~ ' /j, rq (SEAL)
Beverley B hoemaker, President
MLB/smb
Forms\Shen-Valley Lime Resolution
11/26/D6
2
~~f~~,~~
I I DATE; November 29, 2006
UNANIMOUS CONSENT RESOLUTION OF THE
BOARD OF DIRECTORS OF
SOUTHERN STATES WIl'JCIiESTER COOPERATIVE INCORPORATED
The undersigned, being -all of the Directors of Southern States Winchester
Cooperative, Incorporated (the "Corporation") pursuant to Section 13. ] -685 of the Code of
Virginia (1950, as amended) hereby adopts by unanimous consent in lieu of a special meeting
the following Resolutions:
WHEREAS, the Directors deem it in the best interests of the Corporation to seek the
annexation of the Corporate lands containing 6.0231 acres, more or less, located on the
western boundary of Valley Pike (U.S. Route 11) south of the Town of Stephens City,
Virginia (the "Town") into the Town; and
WHEREAS, upon motion duly made and seconded it is unanimously RESOLVED
that the Corporation shall request that the Town annex the following tract or parcel of land,
containing 6.0231 acres, more or less, located on the western boundary of Valley Pike (CT.S.
Route 11) in Back Creek Magisterial District, Frederick County, Virginia (the "Southern
States Parcel"), being more particularly described as Tax Map Parcel 85-A-46B. The
Southern States Parcel is more particularly described on that certain survey plat titled
"Boundary Survey Showing A Portion Of The Town of Stephens City Phase II Annexation
Area Being The Land of Shen-Valley Lime Intermediary, L.L.C. And Southern States
Winchester Cooperative, Ina Phase II Annexation Area Exhibit" dated November 2, 2006,
drawn by Richazd A. Edens, L.S. and metes and bounds description of the Southern States
Parcel titled "Metes And Bounds Descriptions" dated I~TOVember 2, 2006, drawn by Richard
A. Edens, L.S., which exhibits are incorporated herein by reference as if set out in full.
IT IS FURTHER RESOLVED, that counsel for Southern States shall draft and
for~~azd the appropriate letter requesting annexation of the Southern States Pazcel into the
Town, and such other documents as are necessary in order to seek and to obtain approval of
the annexation of the Southern States Pazcel into the boundaries of the Town.
This Resolution shall take effect immediately upon adoption.
IN WITNESS WHEREOF the undersigned Directors have hereunto placed their
signatures and seals:
SOUTHERN STATES WINCHESTER
COOPERATIVE, INCORPORATED
Date: -,: J ~ ~ ~'~ , 2006 By: ,M.tip ~' c~ ' ~~ Cam!' ~ ~ ,..~(~EAL)
domes Douglas -Director f
_ J
Date: ~ 9 ./~crJ , 2006 By: ~ `~1 ~~,~~~ (SEAL)
Roy McDonald -Director
date: ~~ _30 ^ ~ ~ 2006 B ~ ~ ~ ' L(SEAL)
y:
Robert Belford -Director
)ate: ~~- ~ , 2006 By:
Adarns, Jr. -
2
Date: ~/ I~ ~ l~~i , 2006 BY: _ ~~z~ ~e~'~
(SEAL)
Carroll Messick -Director
Date: ~~ ~ f ~Qb , 2006 By: ~'/r'~~i~~~~~iz ~
(SEAL)
1VLichael Boden -Director
Date: ~j' .3D-o ~ , 2006 By:
(SEAL)
Matthew Hoff -Director
MLB/smb
Forms \Southern Stites Resolution .
11/29/06
3
METES AND BOUNDS DESCRIPTIONS
The accompanying plat entitled "Boundary Survey showing a portion of the Town of Stephens
City Phase II Annexation Area, being the land of Shen-Valley Lime Intermediary, L.L.C. and
Southern States Winchester Cooperative, Inc." and dated November 2, 2006 represents a Boundary
Survey of land proposed for annexation into the Town of Stephens City as a part of the Phase II
Armexation Area, identified as (i) Tax Parcel 85-A-46B, being all of the land conveyed to Southern
States Winchester Cooperative, Inc. by deed dated June 3, 1975 of record in the Frederick County
Circuit Court Clerk's Office in Deed Book 444 at Page 832, (ii) a portion of Tax Parce185-A-48
(being all of the remainder of said parcel not currently lying within the Town of Stephens City),
being a portion of the land conveyed to Shen-Valley Lime Intermediary, L.L.C. by deeds dated April
15, 2003 and October 3, 2003 of record in said Clerk's office as Instruments No. 030007949 and
030023331, respectively, as altered by Deed and Deed of Boundary Line Adjustment dated
November 1, 2005 of record in said Clerk's office as Instrument No. 050025740 and (iii) Tax Parcel
85-A-49, being all of the land conveyed to Shen-Valley Lime Intermediary, L.L.C. by deed dated
April 15, 2003 of record in said Clerk's office as Instrument No. 030007948. The said land fronts
the western boundary of Valley Pike (U. S. Route 11) about 0.57 mile north of its intersection with
Campbell Lane (Va. Route 843) in Back Creek Magisterial District, Frederick County, Virginia and
is more particularly bounded as follows:
TAX PARCEL 85-A-46B
- Beginning at a''/z" iron rebar & cap set (labeled POB 1 on the plat) in the western boundary of
Valley Pike (U.S. Route 11), (said point being located N 42°01'23" E - 282.42' from a concrete
highway monument found) corner to D. N. Combs, et ux; thence with Combs
N 55°38'33" W - 522.15' to a'/z" iron rebar found, comer to Shen-Valley Lime Intermediary,
L.L.C.; thence with Shen-Valley Lime Intermediary, L.L.C., for the following two courses:
N 32°22'13" E - 460.00' to a t/z" iron rebar found; thence
S 57°02'59" E - 602.14' to a 1/z" iron rebar & cap set in the western boundary of Valley Pike (U.S.
Route 11); thence with said road boundary
S 42°01'23" W - 478.79' to the beginning.
Containing .................................................................................................... 6.0231 Acres.
PORTION OF TAX PARCEL $5-A-48
Beginning at a'/z" iron rebar & cap set (labeled POB2 on the plat) in the western boundary of
Valley Pike (U.S. Route 11), corner to Southern States Winchester Cooperative, Inc.; thence with
Southern States Winchester Cooperative, Inc. for the following two courses:
N 57°02'59" W - 602.14' to a''/s" iron rebar found; thence
S 32°22'13" W - 460.00' to a'/z" iron rebar found, comer to D. N. Combs, et ux; thence with Combs
S 33°21'02" W - 461.97' to a'/z" iron rebar found in a line of Dalke's Theaters, Inc.; thence with
Dalke's Theaters, Inc. and then Wayne D. McDonald, et ux
N 58°27'05" W -1,151.26' to a corner fence post; thence continuing with Wayne D. McDonald, et
ux
S 24°28'53" W - 684.24' to a'/z" iron rebar found in a line of W. Douglas McDonald, et ux; thence
with McDonald
N 61°09'04" W - 617.28' to a'/z" iron rebar found on curve in the eastern boundary of the C.S.X.
Railroad; thence with said railroad boundary for the following eleven courses:
Pile 0517E Page 1 of 4
782.34' along the arc of a curve to the left (being nontangent to the preceding course), having a
-~ radius of 3,833.00' and a chord bearing N 21°59'21" E for a distance of 780.98', to a I/z" iron rebaz
found at the point of tangency; thence
N 16°08'31" E - 687.90' to a''/z" iron rebaz found; thence
N 17°02'41" E - 380.15' to a'/z" iron rebar found; thence
N 16°15'21" E - 502.95' to a 1/z" iron rebar found; thence
N 18°27'06" E - 593.00' to a''/z" iron rebar found; thence
N 24°06'44" E - 397.62' to a'/z" iron rebar found; thence
N 29°08'57" E - 298.14' to a'/z" iron rebar found; thence
N 28°42'31" E -148.99' to a''/z" iron rebar found; thence
N 33°17'05" E - 149.02' to a'/z" iron rebar found; thence
N 32°14'48" E - 198.57' to a 1/z" iron rebar found; thence
N 34°16'02" E - 196.59' to a point at the intersection of said railroad boundary with the existing
- southern boundary of the Town of Stephens City; thence with said existing Town boundary through
the land of Shen-Valley Lime Intermediary, L.L.C.
S 58°31'38" E - 966.75' to a'/2" iron rebar found, corner to Village at Stephens City, LC; thence
with Village at Stephens City, LC for the following two courses:
S 24°28'24" W -1,492.96' to a corner fence post; thence
S 58°23'40" E -1,084.49' to a corner fence post, corner to other land of Shen-Valley Lime
Intermediary, L.L.C.; thence with Shen-Valley Intermediary, L.L.C.
S 58°10'09" E -1,013.53' to a'/z" iron rebar & cap set in the western boundary of Valley Pike (U.S.
Route 11); thence with said road boundary
S 42°01'23" W -1,166.88' to the beginning.
Containing ................................................................................................. 163.1432 Acres.
1'AX PARCEL 85-A-49
Beginning at a'/i' iron rebar & cap set (labeled POB3 on the plat) in the western boundary of
- Valley Pike (U.S. Route 11), comer to other land of Shen-Valley Lime Intermediary, L.L.C.; thence
with Shen-Valley Lime Intermediary, L.L.C.
N 58°10'09" W -1,013.53' to a corner fence post, corner to Village at Stephens City, LC; thence
with Village at Stephens City, LC
N 32°40'38" E - 215.45' to a %z" iron rebar found; thence continuing with Village at Stephens City,
LC and then with Douglas M. Renner, et ux
S 57°58'25" E -1,048.44' to a'/z" iron rebar & cap set in the western boundary of Valley Pike (U.S.
Route 11), (said point being located S 42°01'23" W - 394.20' from a concrete highway monument
found); thence with said road boundary
S 42°01'23" W - 215.25' to the beginning.
Containing .................................................................................................... .5.0573 Acres.
File 0517E Page 2 of 4
TOTAL PROPOSED ANNEXATION AREA
(Tax Parcel 85-A-46B, Portion of Tax Parce185-A-48, and Tax Parcel 85-A-49, In Aggregate)
Beginning at a'/z" iron rebar & cap set (labeled POB 1 on the plat) in the western boundary of
Valley Pike (U.S. Route 11), (said point being located N 42°01'23" E - 282.42' from a concrete
highway monument found) corner to D. N. Combs, et ux; thence with Combs for the following two
courses:
N 55°38'33" W - 522.15'to a I/z" iron rebar found; thence
S 33°21'02" W - 461.97' to a'/z" iron rebar found in a line of Dalke's Theaters, Inc.; thence with
Dalke's Theaters, Inc. and then Wayne D. McDonald, et ux
N 58°2705" W -1,151.26' to a corner fence post; thence continuing with Wayne D. McDonald, et
ux
S 24°28'53" W - 684.24' to a''/z" iron rebar found in a line of W. Douglas McDonald, et ux; thence
with McDonald
N 61°09'04" W - 617.28' to a %z" iron rebar found on curve in the eastern boundazy of the C.S.X.
Railroad; thence with said railroad boundary for the following eleven courses:
782.34' along the arc of a curve to the left (being nontangent to the preceding course), having a
-- radius of 3,833.00' and a chord bearing N 21°59'21" E for a distance of 780.98', to a ~/z" iron rebar
found at the point of tangency; thence
N 16°08'31" E - 687.90' to a ~/z" iron rebar found; thence
N 17°02'41" E - 380.15' to a 1/z" iron rebar found; thence
N 16°15'21" E - 502.95' to a 1/z" iron rebar found; thence
N 18°27'06" E - 593.00' to a'/z" iron rebar found; thence
N 24°06'44" E - 397.62' to a 1/z" iron rebar found; thence
N 29°08'57" E - 298.14' to a'/z" iron rebar found; thence
N 28°42'31" E -148.99' to a'/:" iron rebar found; thence
N 33°17'05" E -149.02' to a ~/z" iron rebar found; thence
N 32°14'48" E - 198.57' to a 1/z" iron rebar found; thence
N 34°16'02" E - 196.59' to a point at the intersection of said railroad boundary with the existing
- southern boundary of the Town of Stephens City; thence with said existing Town boundary through
the land of Shen-Valley Lime Intermediary, L.L.C.
S 58°31'38" E - 966.75' to a''/z" iron rebar found, corner to Village at Stephens City, LC; thence
with Village at Stephens City, LC for the following three courses:
S 24°28'24" W -1,492.96' to a corner fence post; thence
S 58°23'40" E -1,084.49' to a corner fence post; thence
N 32°40'38" E - 215.45' to a S/i" iron rebar found; thence continuing with Village at Stephens City,
LC and then with Douglas M. Renner, et ux
S 57°58'25" E -1,048.44' to a'/z" iron rebar & cap set in the western boundary of Valley Pike (U.S.
Route 11), (said point being located S 42°01'23" W - 394.20' from a concrete highway monument
found); thence with said road boundary
File 0517E Page 3 of 4
S 42°01'23" W -1,860.92'to the beginning.
Containing
Surveyed
File 05178
174.2236 Acres (In Aggregate).
.......... November 2, 2006.
RICHA D A.~NS
No.002550
Page 4 of 4