HRAB 03-21-95 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Historic Resources Advisory Board Members
FROM: Eric R. Lawrence, Planner I�
SUBJECT: March Meeting and Agenda
DATE: March 14, 1995
There will be a meeting of the Historic Resources Advisory Board at 7:30 p.m. on Tuesday,
March 21, 1995, in the Conference Room of the Old Frederick County Courthouse, 9 Court
Square, Winchester, Virginia. The HRAB will discuss the following items:
AGENDA
1. Update on the Historic Plaque Program.
2. Revised Draft of the Guidelines for New Commercial Construction in the Historic
Area Overlay.
3. Rezoning request for property located at 8437 Valley Pike, near Belle Grove,
4. Other.
Review materials are attached.
Please contact me if you are unable to attend the meeting. Thank you.
107 North Kent Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
Guidelines for New Commercial Construction
in the Historic Area Overlay
The following guidelines are hereby adopted by the Frederick County Historic Resources
Advisory Board ("HRAB") to assist its consideration of applications for new commercial
construction in Historic Area Overlay ("HA") zones under the Frederick County Zoning
Ordinance. These guidelines should not be viewed as a means of dictating a specific design
response to a given design problem, nor should they be seen as prohibiting any particular
approach. New and untried approaches to common design problems associated with historic sites
and structures should not be rejected merely because of originality. Each application will be
considered on a case-by-case basis, within the framework set out here.
For purposes of these guidelines, the term "designated site" shall mean that site, structure, or
other feature, which has been designated as a historic resource by the Board of Supervisors, in its
application of a HA zone on any property or properties within the County. "Commercial
construction" includes, for example, all non-residential construction such as retail stores, office
buildings, automobile service stations, restaurants of all types, churches and non-profit
organization facilities.
These design elements are based on the Rural Landmarks Survey Report, Frederick County,
Virginia, Phases 1 -III, 1988-1992. This survey documented buildings in Frederick County that
are at least 50 years old and have retained their architectural integrity. This standard is used by
the Virginia Department of Historic Resources and the U.S. Department of Interior to determine
whether or not a structure is considered to be "contributing" to the historic character of a
community. The term "contributing buildings", as used here, refers to those buildings that have
been identified in the Rural Landmarks Survey Report and may contribute to designs for new
commercial construction. All surveys were prepared according to the standards established by the
Virginia Department of Historic Resources.
All applications for new construction must comply with the requirements of applicable zoning
regulations prior to consideration by the HRAB.
Purpose and Intent
Statement of Purpose: The purpose of these Design Criteria is to insure that new commercial
construction located within the Historic Area Overlay (HA) are compatible with the character of
the historic area. The purpose is also to establish a common commercial identity among these
new buildings through shared design principles.
Guidelines for New Commercial Construction in the Historic Area Overlay
March 14, 1995 Page 1
Statement of Intent: It is the intent of these Criteria to :
1. Accommodate and encourage economic growth that will both maximize direct
county revenues and minimize the indirect costs of eroding the historic character of
the HA;
2. Protect private property values and related public investment from the detrimental
impacts of carelessly planned new construction;
3. Encourage creative designs while discouraging uniform trademark architecture that
if built in the HA would create strip developments incompatible with existing
structures;
4. Maintain the image of the HA as seen from its most traveled roads to benefit
residents, attract tourists, and interest potential employers;
5. Encourage new commercial developments to produce contemporary architecture
compatible with the traditional building forms of the HA;
6. Provide for an appropriate and attractive yet diverse mix of new construction that
relate to one another in a coherent way by guiding them toward shared design
principles without imposing any specific architectural style.
Architectural Style and Form Criteria
These criteria shall be followed to the greatest extent possible, as determined by the Historic
Resources Advisory Board (HRAB), given the physical nature of a specific site and its intended
use. Although achieving compliance with all these criteria is desired, the HRAB may use its
discretion in determining an application's degree of compliance, as long as a proposed design is
consistent with the purpose and intent of these criteria.
Building Design
New construction should not create an appearance with no historical basis. New commercial
construction should represent the era in which it is built, yet be designed in a manner that
complements the existing HA character.
No single architectural style is mandated. However, historic design elements of
contributing buildings found in Frederick County should be the basis for proposed
designs. Direct copying of buildings is discouraged as are standardized building
Guidelines for New Commercial Construction in the Historic Area Overlay
March 14, 1995 Page 2
designs found throughout areas outside of Frederick County.
2. Introduction of design concepts foreign to Frederick County is inconsistent with
the County's architectural character.
New commercial building designs should have roof designs that are characteristic
of Frederick County. Duplication of the traditional roof shapes, pitches, and
materials on new construction is one way of making the new structures more
visually compatible. Steeply pitched roofs are generally found in contributing
buildings.
4. Form should reflect function. New commercial buildings should not be disguised
as residential buildings. Features such as large plate glass windows, rather than
small multiple windows, should be employed to reflect the new building's function.
5. Side and rear walls which face open areas should be designed with as much
attention to detail as the primary facade.
6. New commercial construction should maintain a scale which is compatible with
adjacent buildings and other existing structures in the HA.
7. The Board is conscious of 20th century infrastructure requirements, but such items
as electrical meters and transformers, HVAC equipment and solid waste
management equipment should be visually and acoustically screened from public
view.
Building Siting
1. Buildings should be designed and sited to reduce the need for topographic
modifications to the site. If buildings must be sited in areas of significant slope,
they should make use of multiple stories and multi-level access to retain the natural
topography of the site.
2. All new construction should attempt to protect and preserve significant
archaeological resources.
The front of a building should face the main thoroughfare in the HA. Building
elevations facing other public right of way should include the principal design
features and materials used on the front of the building, so not to look like the
back of the building.
Guidelines for New Commercial Construction in the Historic Area Overlay
March 14, 1995 Page 3
Height
No structure should be so located or of such height, as to unreasonably affect protected
viewsheds around designated sites. Traditionally, the height of buildings in HA is no more
than two stories (approximately 25 feet). New commercial construction should be
consistent with this pattern.
Parking Location
Maintain the integrity of the area's historic resources by minimizing the dominance of the
automobile. Parking facilities should be placed in locations which de-emphasize their use,
and emphasizes the main structure. This may be accomplished by exercising site layout
options and landscaping techniques which attempt to camouflage the parking facilities.
Building Materials
1. The predominant building materials for commercial buildings in historic areas are
wood and brick. Stone and stucco were also common building materials. The
same material was typically applied to all sides and all stories of a building.
Horizontal wood siding, red clay brick, limestone, or stucco should be encouraged
for cladding on new commercial buildings.
2. Historic roofing materials, such as standing seam metal and slate, which are
present in the HA are encouraged. These materials continue to still be widely
available today.
3. Building colors should compliment the colors existing in the HA.
Landscaping
1. The use of appropriate landscaping (plant materials) native to or traditionally used
in Frederick County will blend new construction with the surrounding historical
area landscapes. The use of species that are winter hardy and drought tolerant is
encouraged.
2. An effort should be made to screen the rear areas of a developed site from the
adjacent properties so far as it may reasonably be possible to do so. The use of
screening materials, such as fencing, or vegetation plantings are encouraged.
3. Lighting should be of such construction, materials, height, and brightness, as not to
adversely effect the designated site.
4. Maintenance of the landscaping should be considered when choosing the type of
landscaping and screening to be used. The use of an attractive landscaping plan,
accented by hardy plants, will create a pleasing commercial environment.
Guidelines for New Commercial Construction in the Historic Area Overlay
March 14, 1995 Page 4
Y
Signage
1. The location, design, configuration, materials and color of all proposed signs and
associated structures should be in character with the historic and scenic settings of
the H.A. These signs should not visually dominate buildings or sites.
2. Free-standing and projecting wall signs will be limited to 25 feet in height, and a
sign surface area of 50 square feet.
3. One free-standing or projecting sign will be permitted per parcel.
4. Wall signs will be limited to 20 feet in height above grade, and one sign per parcel
frontage.
Guidelines for New Commercial Construction in the Historic Area Overlay
March 14, 1995 Page 5
REZONING
APPLICATION PACKAGE
FREDERICK COUNTY,
VIRGINIA
Department of Planning and Development
P 107 NORTH KENT STREET treet
PO BOX 601
WINCHESTER VA 22601
(703) 665-5651
REZONING PROFFERS
THE UNDERSIGNED, SOLE OWNERS OF LAND TO BE REZONED, TAX NO 90000-A-000055
AND THE APPLICANT FOR SAID REZONING, HEREBY VOLUNTARILY PROFFER THE
FOLLOWING CONDITIONS. THE CONDITION PROFFERED SHALL BE BINDING UPON THE
HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS AND SUCCESSORS IN INTEREST OF BOTH
THE APPLICANT AND OWNERS. IN THE EVENT THE FREDERICK COUNTY BOARD OF
SUPERVISORS GRANTS SAID REZONING AND ACCEPTS THESE CONDITIONS, THE
FOLLOWING PROFFERED CONDITIONS SHALL APPLY TO THE LAND REZONED IN ADDITION
TO OTHER REQUIREMENTS SET FORTH IN THE FREDERICK COUNTY CODE.
IT IS THE INTENT THAT FOR THIS AND ANY FUTURE USE OF THIS PROPERTY BE A
COMPLIMENT TO THE CEDAR CREEK BATTLE GROUNDS AND BELL GROVE PLANTATION.
THE FOLLOWING USES WILL BE NOT BE ALLOWED WITH THE B2 ZONING:
THE USE INTENDED WILL BE FOR AN ART GALLERY AND PICTURE, PRINT FRAMING.
COMMUNICATION FACILITIES AND OFFICES 48
ELECTRIC, GAS AND OTHER UTILITY FACILITIES AND OFFICES 49
GASOLINE SERVICE STATIONS
FUEL DEALERS
55
598
GOLF DRIVING RANGES AND MINIATURE GOLF COURSES 77999
MODEL HOME SALES OFFICES
ANY FUTURE USE AS APPROVED BY THE BOARD OF SUPERVISORS.
THESE PROFFERS SHALL BE BINDING UPON THE HEIRS, EXECUTORS, ADMINISTRATOR,
ASSIGNS, AND SUCCESSORS IN INTEREST OF BOTH THE APPLICANT AND PROPERTY
OWNERS.
THIS DOCUMENT SHALL SET FORTH THE TOTAL OBLIGATION OF THE APPLICANT
AND PROPERTY OWNERS TO THE COUNTY OF FREDERICK IN CONNECTION WITH THE
REZONING OF THIS SITE. CONSEQUENTLY, THE APPLICANT'S AND PROPERTY OWNER'S
OBLIGATION SHALL NOT BE SUBJECT TO FUTURE MODIFICATION OR ENLARGEMENT
WITHOUT THE EXPRESS WRITTEN CONCURRENCE OF CONSENT OF THE CURRENT
PROPERTY OWNER(S), APPLICANT OR THEIR SUCCESSORS AND ASSIGNS
APPLICANT AND PROPERTY OWNER
ABACUS FS OF VA. LTD.
JOHN V EVENS .
Y:
DATE: 3 1-7 If-5-
SUBSCRIBED
AN SWORN TO BEFORE ME ON THIS -3 DAY OF
MARCH, 1995.
IMPACT ANALYSIS STATEMENT
THE PROPERTY TO BE REZONED, TAX NO 90000-A-0000 0055, LOCATED SOUTH OF
MIDDLETOWN, FORMALLY KNOWN AS THE COVERED WAGON, BATTLE OF THE 19, PAT'S
PLACE, WOODSHED, ETC. THE PROPERTY HAS BEEN USED AS A RESTAURANT NIGHT
CLUB. OFTEN TWO HUNDRED PLUS PATRONS WOULD OCCUPY THIS FACILITY ON
EVENING AND WEEKENDS.
THE PROPOSED USE OF THIS PROPERTY WILL BE AS AN ART GALLERY AND FRAMING
SHOP. PRIMARY USE OF THIS FACILITY WOULD BE FOR GENERAL BUSINESS.
NO EXTERIOR STRUCTURE CHANGES ARE PLANNED EXCEPT FOR GENERAL
MAINTENANCE OF THE BUILDING.
A. SUITABILITY OF THE SITE:
THE SITE WILL NOT BE ALTERED AS THE PRESENT STRUCTURE WILL BE UTILIZED
FOR THE BUSINESS.
THEIR WILL BE NO SITE CONSTRAINTS OR HAZARDS ASSOCIATED WITH THIS
BUILDING.
B. SURROUNDING PROPERTIES:
THE POTENTIAL FOR IMPACTS ON SURROUNDING PROPERTIES ASSOCIATED WITH
NOISE, GLARE, FUMES, POLLUTION, ODORS OR OTHER NUISANCE FACTORS WILL BE
LESSENED WITH THE USE INTENDED. AN ART GALLERY WILL ATTRACT LESS TRAFFIC,
LITTLE OR NO NOISE. NO FUMES OR ODORS OR OTHER NUISANCE FACTORS.
AS A RESTAURANT NIGHT CLUB THIS USE WILL BE AN ATTRACTIVE ALTERNATIVE.
C: TRAFFIC
THEIR WILL BE LITTLE IF ANY IMPACT ON TRAFFIC PATTERNS ON RT. 11.
AS A GALLERY LOCATED ON RT.I I THERE WILL BE NO ADVERSE IMPACTS ON TRAFFIC.
D. SEWAGE CONVEYANCE AND TREATMENT:
THE PROPERTY HAS A WELL AND SEPTIC. AS A GALLERY THERE WILL BE A
SIGNIFICANT REDUCTION IN THE USE OF WATER AND SEPTIC.
E. WATER SUPPLY
THE WELL WILL PROVIDE AN ADEQUATE SUPPLY FOR THE USE INTENDED.
F. DRAINAGE:
THERE WILL BE NO IMPACTS ON STREAMS, DRAINAGEWAYS, OR SURROUNDING
PROPERTIES. EXISTING DRAINAGE WILL NOT BE CHANGED.
G. SOLID WASTE DISPOSAL FACILITIES:
NOT APPLICABLE
H. HISTORIC SITES AND STRUCTURES:
BELL GROVE, LOCATED ACROSS FROM THE SITE WILL BE ENHANCED BY A
GALLERY. A MORE APPROPRIATE USE THAN A RESTAURANT, NIGHT CLUB.
I. IMPACT ON COMMUNITY FACILITIES:
THE COSTS OF SERVICES PROVIDED TO THE EXISTING STRUCTURE WILL NOT
CHANGE. NO SITE CHANGES OR STRUCTURE CHANGES ARE PLANNED.
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff
Zoning Amendment Number
BOS Hearing Date
Date Received_
PC Hearing Date
The following information shall be provided by the applicant.-
All
pplicant.
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester.
1. Applicant:
Name: Abacus Food Service of VA LTD Fed ID # 54120180
Address: 324 Round Hill Road
Winchester, VA 22602
Telephone: Home 703-667-4527 Work 665-4925
2. Representative:
Name: John V. Stevens
Telephone: 703-667-4527
3. Owner:
Name: Abacus Food Service of VA LTD
Address: 324 Roundhill Road
Winchester, VA 22602
Telephone: 703-667-4527
12
The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning
applications.
Please list below all owners or parties in interest of the land to be rezoned:
Pam Stevens Treasurer
Don Murrav Secretary
4. Zoning Change: It is requested that the zoning of the property be changed
from Bl
to B2
5. Current Use of the Property:
Restaurant - Office
6. Adjoining Property:
PARCEL ID NUMBER USE ZONING
90000-A-0000 059A
910000-A-0000 0058
40000-A-0000 098A
liesi dence
Residence
Agriculture
Agriculture
Residence
Hanufactur;ng
R
R
A
R
B3
7. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
ox. 1 mile South of Middletown Route 11 on Left
Middletown, VA 22645
ross from Bell Grove
13
8. Parcel Identification:
14 Digit Tax Parcel Number. 90000—A-000055
9. Magisterial District: _ 0peguon
10. Property Dimensions: The dimensions of the property to be rezoned.
Total Area: 1 Acres
The area of each portion to be rezoned to a different zoning district category should be noted:
1 Acres Rezoned from B1 to B2
Acres Rezoned from to
Acres Rezoned from to
Acres Rezoned from to
11. Deed Reference: The ownership of the property is referenced by the following deed:
Conveyed from: G- roaanh S'eYe l
Deed Book Number 419 Pages 630
12. Proposed Use: It is proposed that the property will be put to the following uses.
Art Gallery & Frame Shop
13. Checklist: Check the following items that have been included with this application.
Location map _Y_
Plat X
Deed to property X
Statement verifying taxes paid X
Agency Comments X
Fees X
Impact Analysis Statement _ X
Proffer Statement _X
14
14. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for
site inspection purposes.
I (we) understand that the sign issued to me (us) when this application is submitted must be placed
at the front property line at least seven days prior to the Planning Commission public hearing and
the Board of Supervisors public hearing and maintained so as to be visible from the road
right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and accurate to
the best of my (our) knowledge.
Applicant:
Owner:
Date: March 3, 1995
15
INFORMATION TO BE SUBMITTED FOR CAPITAL FACILITIES IMPACT MODEL
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to
provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use
the maximum possible density or intensity scenario for the proposed Zoning District as described on Page
8 of the application package.
The following information should be provided regardless of the type of rezoning:
Fire Service District: M;(idi PtnwT,
Rescue Service District: Middletown
Total Proposed Non -Residential Lots/Buildings: N/A
The following information should be provided with any residential rezoning:
Elementary School District: Middletown
Middle School District: ty
High School District: if
Number of Single Family Dwellings Proposed: _ N/A
Number of Townhouse Dwellings Proposed: N/A
Number of Multi -Family Dwellings Proposed: N/A
Number of Mobile Home Units Proposed: N/A
The following information should be provided with any commerciaUindustrial rezoning or with a
residential/commercial (P.U.D.) rezoning:
Gross Office Square Footage:
Retail Square Footage: 5000 SQ ft exi sti ng b ,i I d; ng
Restaurant Square Footage:
Service Station Square Footage:
Manufacturing Square Footage:
Warehouse Square Footage:
Hotel Rooms:
16
ADJOINING PROPERTY OWNERS
Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For
the purposes of this application, adjoining property is any property abutting the requested property or any
property directly across a road from the requested property. The applicant is required to obtain the
following information on each adjoining property including the 14 -digit property identification number
which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department.
Name
Address and Property Identification
•
Address:
Charles Pittman
Rt 2 Box 13 Middletown VA
Property ID: 90000-A 0000 0054
•
Address:
Blance Fortner
8421 Vlaaey Pike Middletown
Property ID: 90000-A-0000-0056
Address:
Richard Neff
3850 Valley Pike Middletown
Property ID: 90000 -A -0000-059A
Address:
National Trust
748 Jackson Pl. NW Washington, D.C.
Property ID: 0000-A-0000-0032
Address:
Peggy Bauserman
8409 Valley Pike Middletown
Property ID: 90000-A-0000-0057
' Address:
Iris Vann 8395 Valley Pike Middletown
Property ID: 90000-A-0000-0058
Miles Inc. Address:
511 Bennett Avenue Tarrytown, NY 105
Property ID: 90000 -A -0000-058A
s Address:
Jerry Herbaugh 149 Longmeadow Lane, Middletown
Property ID: 90000 -A -0000-059C
9 Address:
Proverty ID:
17
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JON MAGISTERIAL DISTRICT
:RICK COUNTY, VIRGINIA
PREPARED BY
LARRY C. HIMELRIGHT P. C.
PROFESSIONAL LAND SURVEYOR
RTE. 3 BOX 446 STRASBURG, VA.
PHONE 465-8767
MAY 15, 1989
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1994 TAX RECEIPT
COU�TY OF FREDERICK
C. WILLIAM ORNDDFF, JR
P.O. BOX 225
WINCHESTER VA 22604
1994 REAL ESTATE
3.21 ACRES 90
A8ACDS FOOD SERVICE OF VA. L.T.D.
- 2ND HALF
Ticket #:000O008000D
Date :
3/02/95
Register:
COS/WB
Trans. #:
27693
Dept # :
RE9402
ACCT# :
26174
Previous Principal
55 Balance $ 482.35
Principal Being Paid $ 482.35
Penaltv $ 48.24
Interest $ 17.69
Amount Paid $ 548.28
�n-`'--- � ^
324 RWmnun/ cn -"u��/"-� »ue * .00
�� ����
WINCHESTER, VA. 22601
CKFM 740
3/95
.UL J. NEAL. JR.
✓0005TOCK. VIRGINIA
SK713PG882
DEED
THIS DEED, Made and entered into this 18th day of May, 1989, by and
between G. JOSEPH SEWELL, Single, herein referred to as the Grantor and
ABACUS FOOD SERVICES OF VA., LTD, herein referred to as the Grantees,
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00)
cash in hand paid and other good and valuable consideration, the receipt of
which is hereby acknowledged, the Grantor does hereby grant and convey with
General Warranty of Title to the Grantee, Abacus Food Services of Va., Ltd.,
All of that certain lot or parcel of land, together with all rights,
rights of way, privileges, improvements thereon and appurtenances thereto
belonging, lying and being situate on the East side of U. S. Route 11, South
of Middletown, Opequon Magisterial District, Frederick County, Virginia, more
particularly described by plat and survey of L. C. Himelright, C.L.S., dated
May 15,1989, attached hereto and made a part hereof as if set out in full and
further described as follows:
TRACT ONE: That tract or parcel of real estate, together with the
improvements on the East side of U. S. No. 11 South of Middletown in Opequon
Magisterial District, Frederick County, Virginia, and described as to metes and
bounds as: BEGINNING at (1) a point in the east limits of U. S.11 and corner
to R. C. DuBrueler and running with said DuBrueler S 28 3/4 E 289 feet to (2)
a stake in R. C. DuBruelers' line; thence continuing with R. C. DuBrueler
N 61 E 145 feet 3 inches to (3) a stake, corner to Margaret DuBrueler; thence
with Margaret DuBrueler N. 29 W 289 feet to (4) a stake in the eastern limits
of U. S. 11; thence running with the said U.S. 11, S 61 W 156 feet 3 inches
to the beginning and containing 1 acre, more or less.
TRACT TWO: That tract or parcel of real estate, a short distance
east of U. S. 11 in Opequon Magisterial District, described as to metes and
bounds by a plat of .vey of Greenway Engineering ar. Surveying Co., Inc.,
dated October 15, 1973, as containing 2.210 acres, a copy of said plat of
survey being of record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia, in Deed Book 419, at Page 630.
The above described real estate is the identical real estate conveyed
to G. Joseph Sewell from Paul J. Neal, Jr., Sole Acting Trustee, by deed dated
November 17, 1986, and recorded in the aforeesaid Clerk's Office in Deed Book
633, at Page 646.
Reference is hereby made to the aforesaid plats, surveys, deeds
and the references contained therein for a further and more particular
description of the property hereby conveyed.
WITNESS the following signature and seal:
(SEAL)
STATE OF VIRGINIA,
COUNTY OF To -Wit:
The foregoing instrument was acknowledged before me thi s day
of May, by G. Joseph Sewell, Single.
My commission expires:_e Y; � 7
tary Public
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REVIEW AGENCY COMMENT SHEETS
It will be the responsibility of the applicant to obtain the necessary review agency comments The following
information must be submitted when obtaining any agency review comments: the comment sheets, location
map, survey, proffer statement, application form, and the applicant's impact statement. It may be necessary to
submit additional information. Please consult the Notice to Applicant section at the bottom of each comment
sheet to ascertain what additional information must be submitted
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