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Home My WebLink About14-05 DeedNOTARY: ACKNOEDGED BEFORE ME W&I THIS „Z`9' DAY OF`.-i49..7- 2005 MY C061MIssIOR EXPIRES -go -01 15 5 NOTAR" l NOTARY: CKNOWLEDCEEI BEFORE ME rc DAY OF G•4 ALE: 1 -4 120 r Co, WHITNEY A. GIFFORD cu Notery Pu bifc ssachusetts mission M.. Ezplros fan. 24, 2008 TE: 5/9/2005 ?AWN 8Y: M TD 1X MAP pia (Is)) 8 VICINITY MAP SCALE 1 REVISED: 6/16/2005 CHECKED BY: DEL ODHCNN J SITE R OAD SUBDIVISION ADMINISTRATOR 0 53 v)NCx LP AREA TABULATION: (ORIGINAL AREA) LOT 8 5.03564 ACRESt(219,352 SOFT, (ADJUSTED AREA) PARCEL 89 3.43400 ACRES(149,585 SO.FT,t) (3DIV5TF0 AREA) PARCFJ 40 1 5660 _ACRES- (6R a. 50 FT i) LOT 8 TOTAL AREA 10.03564 ACRES±(437,152 SO.FT.t) OWNERS CERTIFICATE FRUIT HILL ORCHARD, INC. (GRANTOR) DOES HEREBY GRANT AND CONVEY ONTO AD HEREIN DESC THI S T SBOUNDA LINE ADJUUSTMENT OF THE LAND OF JCA IV WHITE HALL, U.C. AS SHOWN ON T1115 PLAT IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS -7 hi f�1,44r i FRUIT HILL O ORCHARD, I N C. C.ROBERT SOLENBERGER (OFFICER) DATE JCA IV ITE HALL, LLC, APP__ RpVALS• REVIEWED AND CERTIFIED AS EXEMPT FROM FREDERICK COUNTY, VIRGINIA SUBDIVISION ORDINANCE ALLOWING BOUND ADJJSTMENTS AND MAY BE COMMITTED 0 RECORD 540 537 2167:it 3 HEREBY CER ^FY THAI THE INFORMATION SHOWN SURVEYOR'S PLAT IS BASED ON AN ACTUAL FIELD SURVEY MADE UNDER .15 SUPERVISION 2.5 DECEMDER 3, 2004, AND THAT, TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS THE SAME LAND :0NVEYED TO JCA Iv WHITE HALL, LLC. AS RECORDED AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA, IN NSTR END- #050.00262 4. /AVID E.: LELL9CK, L.<' 2488 FLAT SHOWING BOUNDARY LINE ADJUSTMENT LAND OF JCA 1V WHITE HALL, LLC. INS I RUMENT #053002524 TAX MAP #33 ('(9)) 8 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA D I D, ATE ttt NLTH it 4t.' ap iZ 4. f� b F)".., OUK e e No. 2488 Z i d C t I C I II4Hot l #11## 1 SHEET 1 OF 3 URBAN ENGINEERING ASSOC., INC. Civil. HNUINEERS LINSSCRp6 Ayt'NR6:IS LAND SUftv @yDgg BOO psoavus moat score ICI WINCHESTER YA ezeo2 5 -05:10 584M FRUIT HILL ORCHARD, INC. PORTION OE TAX MAP #33 ((A)) 89 DEED BOOK 373 PAGE 496 I IC.00000 ACRES* _-(ORIGINAL AREA) 106.56600 ACRES*: (REMINDER AREA) ALE: r 1" 120' <Oi I LEGEND IRFI IRON ROO FOUND IPFI IRON PIPE FOUND IP IRON PIPE SET IPS 1 P�. JOTES: BOUNDARY INFO^L14 TION, AS SHOWN IEREON, WAS TAKEN FROM "ALTA /ASCM AND TITLE SURVE" THE RAINBOW i CROUP, A VIROINI.. PARTNERSHIP" ERFORMED DY THIS OFFICE AND DATED ECEMBER 6, 2004. THE PROPERTY SHOWN HEREON IS OCATED WITHIN ZONE "C, AREAS .MINIMAL FLOODING, AS SHOWN ON L00DINSURANCE RATE MAP OF REDERICK COUNT`,v:RGINIA, CMMUNITY PANEL NUMBER 510063C 050 B. EFFECTIVE DATE: JULY 17. 1978 IRON PIPES WILL BE SET AT ALL ORNERS NOT PREbICUSLY MONUMENTED PON APPROVAL Cr HIS PLOT. NO BUILDINGS APE LOCATED UPON DT 8 0' PLAT SHOWING ;OUNDARY LINE ADJUSTMENT LAND OF JCA IV WHITE HALL, LLC. INSTRUMENT #050002524 TAX MA? #33 ((9)) 8 >TONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA Mt: 5/9j2005 REVISED: 6/16/05, 6/28/05 2AWN BY: MIT) CHECKED BY: DEL X MAP ;#33 ((9)) 3 ZgOL 112 5 6y )F Cn .--A\ l ib CL 7 t/ mI \fi 2 5/ g1-4 p 4/ r \n0 y1 19 tt5 AOpf 7 R N. 9 Ff 4 s-<, sit/ 1, VI's LoT 8 I d 4 x -I 11 TAX MAP #33 ((9)) 6\ II (219,352 SQ.rr. (ORIGINAL AREA) I\ 10.03664 ACRES* \(ADJUSTED AREA) \a 1 \T, 1 4g 13 I. 1 1 \S. \t \LOT 8 1 1 SIX 9.43400 ACRES± 1 1 (149,585 SQ.EE. m P. (ADJUSTED AREA) lit 1 I ZONE LINE: RA- 1 PROPERTYY LINE 1 \i(' v 4 CATED P5 SCALE: 1" 100' !b. 1 BUILDING SETBACKS ZONE: RA FRONT GO' SIDE 50' REAR 50' ZONE LINE: M -1I �1 1 ROPER TY LINE\ HEREBY REATED pr- BUILDING SETBACKS ZONE: M -1 FRONT 75' SIDE 25' PEAR 25' 100' 200' 3'00' s. LT O 00 „o 540 507 2,87;= 4 co NI URBAN ENGINEERING ASSOC., INC. AV E. LE LOCK N0. 2488 at ti 4 H0 NE °R SHEET 2 OF 3 CIVIL E/IOINEERS LANDSCAPE ARCHITECTS LAND SURVEYORS 000 PEGASUS COURT SUITS WI WINCHESTER '/A 226G2 10:54540 TE: 4/9/2005 AWN BY: )JTD 101 5 l/1 1.511600 acRES± (60,215 sp.FT.a)�� (ADJUSTED AREA) ZONE LINE: RA FRUIT HILL ORCHARD, INC. PORTION OF TAX MAP #33 ((A)) 90 DEED BOOK 305 PAGE 242 ZONE: RA 107.67000 ACRES± (ORIGINAL AREA) 106.10400 ACRES± (REMINDER AREA) ALE: 1" 720' 100 200' Y p :f 11 c i o 8 1 \ALV �a lazil 1 RF 1 MAP #'3 ((Si) 3 IT DEED fnr,R 7/,n ,Derr 141: SCALE: 1" 100 PLAT SHOWING CDUNDARY LINE ADJUSTMENT AND OF CA IV WHITE HALL, LLC. INSTRUMENT #050002524 TAX MAP #33 ((9)) 8 TONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA .(l 300' IP REVISED: 6 /16/05, 6/28/05 CHECKED BY: TJS LOT s TAX MAP X33 ((9)) O ZONE LINE: W-I 1 t e n y 64. OA C. r" SEE SHEET 2 OF 3 i319 &mil 111�i si t 540 667 2,67:5 3 M p3J rH Qp 4 max' •7 DAVID E LIA K ea i No. 2488 e <11bf i D y i1 SHEET 3 OF 3 URBAN ENGINEERING ASSOC., INC. CIVIL ENGINEERS IANDACAPB AJSMITECTs LAND SURVEYORS SOO PEGASUS COUEr suITE JOI MINCRESTER VA 22001 VIRUINIA FREDERICK COMM. SC1'. Tata basnat ant of writing was predusxd to me 00 3k.37 P»< 7.tv c�5 `at and with a:'ti6eete of acknowleJaemcn; thereto annexe) was admitted to ieW *d. T huprxed by Sec 58.1-802 of S and 5R.I -y01 Wive txten paid, if assesiablc Jelt.a 4% r) .perk sac 66 Frederick County Board of Supervisors Frederick County Planning Commissi 9 Court Square Winchester, Virginia 22601 ovember 21.1990 Reference: Whitehall Business Park Rainbow Group Property I -81 Rt. 669 Frederick Co., Va. We the undersigned, sole owners of land to be rezoned under rezoning' request number 009 -90, referred to a s the. Whitehall Businedi' Park rezoning.. and the applicant. for said rezoning, hereby; voluntarily :proffer the following conditions. The conditions proffered shall be binding upon the ekecutore, administrators, assigns, and successors in interest of both the applicant and•owners. In the event the•Frederick County Board of Supervisor's grants said rezoning and accepts these conditions, the following proffered conditions shall- apply to the. land rezoned in addition`te other requirements set forth in the Frederick County:' Code: 1. Theis will be two ponds provided to serve•as sources of water supply for fire protection; one towards the northern portion and one'towards the southern portion of the property. An easement will be provided to guarantee access of Ole local fire departments to the water supply. One well shall be provided witn each pond'to maintain'a -round water level. The design of easements and ponds shall be agreed to by the Fire Marshal and The Rainbow .Group for adequacy a source of water for fire protection. The approximate location of ponds .shall be shown on the master development plan before any site plan is approved. At least one pond shall be provided before any occupancy permit is issued on the site. The second pond shall be provided as shown on the master development plan when the site containing said pond is developed. 2. Deeds shall specify'that property owners will maintain ponds for fire protection. 3, The Rainbbv Group and /orassigns will record architectural and development standards /restrictions /covenants and enforce all recorded standards. These shall include provisions for minimum architectural standards, site maintenance, landscaping and facility. maintenance. These will include a requirement for an architecturally designed front facade visible from •1 Interstate 81. Loading areas shall be on the west side of buildings: 4, 5. 6. 7. 8. 9. A storm water management system will be- described on the master development plan. The ponds may be -used for detention if appropriate. Buildings shall be shown on the site plane located between outdoor storage areas and boundaries of the property adjacent to Interstate 81. A master development plan, will be submitted for approval by the;County before any nits plans or subdivisions are submitted. A complete opaque vegetative'or other screen shall be provided, before any•'occupancy permit is issued the site between. the primary--entrance from Route 669 and adjoining properties 'containing residential uses. The screening shall be designed to not interfere with sight distance on Route 669. Each separate lot shall be provided direct access to a.road dedicated for state maim /TUC 64. The"accese .or aha1.1 be constructed at the, time each lot is developed. No occupancy permit shall be approved on any lot until plans for the road have been approved by'the Virginia Department of Transportation. the road has been constructed to said lot and the has been dedicated to said lot for acceptance by the Virginia Department of Transportation. Deeds for each lot shall. establish a property owners association according to the requirements of the Frederick County Code. THE RAINBOW GROUP: Buettner, .eeb eJ�J Buettner, Jr. Ronald 5. Simkhovitch J 0 E 1 1.,L1: 6 s 05;+0:53A`A Q50015193 c 7 540 667 2,6 7;n 1 0 cn 0 THIS BOUNDARY LINE ADJUSTMENT AGREEMENT made and dated this day of June, 2005, by and between FRUIT__HILL, ORCHARD INC., a Virginia corporation, party of the first part; and, JCA IV WHITE HALL a limited liability company, party of the second part. WHEREAS, the parties to this agreement desire to adjust the boundary lines between their properties in accordance with that certain "BOUNDARY LINE ADJUSTMENT" plat prepared by David E. Lellock, L.S., dated ,Tune :L5, 2005, said plat attached hereto and as a part hereof. NOW, THEREEORE, WITNESSE'I'H: That for and in consideration of the sum of Ten Dollars (;10.00), and other onod and valuable consideration, the receipt of which is hereby acknowledged, the undersigned parties do hereby now and forever agree and adjust the boundary lines of their aforementioned properties as reflected and set forth on the a o_esaid plat titled "Boundary Line Adjustment said plat attached hereto and as a part hereof, so that land of the party of the second part will now be designated as LOT 8 and contain an adjusted 10.03564 Acres, more or less (TM 3 ((9)) B.). Reference is here made to the attached plat for a more particular description and decivation of title of the aforesaid properties. 1 8- 9 -0= :11:;1 =1d: 9- 05 ;10:5SAM VW: (-1.61, WITNESS the following signatures and seals: My commission expires My commission expires FRUIT HILL ORCHARD, INC. By C'� 4 1 °4 e44 7i// C. Robert Solenberger President JCA IV WHITE HALL, LLC BY: Jame Alban, IV Member Manager 6 U-d ry Pub 2/ 7 540 667 2167:5 2 (S otary Public (SEAL) STATE OF VIRGINIA, CITY OF WINCHESTER, to wit: The foregoa g instrument was acknowledged before me this day of C.. 2005, by Fruit Hill Orchard, Inc, by C. Robert olenberger as President: I a 4 STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit: The fore ng nstrument was acknowledged before me this 11 day of�. 2005, by JCA IV White Hall, James by ames C. A as Member- Manager.