HomeMy WebLinkAbout037-76 Allen Properties-Rest. Facility - Opequon District B-1 - Backfile• N,EW MFj►N NQL� '
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REVISIONS S H E ET NO
• DATE ITEM
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ALL ;Ppo-
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F Fz e 0 1
DATE -su ARCH. -ENGINEER
DRAWN
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-HOWARD'
B U I CD.jt
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-CHECKED BY
BOX 767
APPRQVED FILE NUMBER VIRAWINIM,
Ilk 11
Gauntu SP fir` 037
1,
2
J
4
5
8
7
9 Co1JR-r SOLIAR:
H. R ONALD 13FRG
PLAN11MG DIRECTOR REVIEW and COMMENT EVALUATION WINCHESTER, VIRGINIA 2P oot
J. WILLIAM RILEY, 111
ZO41NG COr)E ADMINISTRATOR
/ ATTN _
Department of Highways and Transportation, ATTN Mr. Reginald C. King
REZONING /X/ SITE PLAN / / CONDITIONAL USE PERMIT / / SUBDIVISION
ENCLOSURES: A-1 revised & A-2 of 11/10/76
ALLEN PROPERTY
PROPERTY OWNERs: Joe Allen
Representative(s): Fred Showalter (Howard Shockey & Sons, Inc.)
.....advised by copy of this form of responsibility to contact above -checked NONE
office(s) concerning this application as soon as possible.
PROPERTY LOCATION: near intersection of Routes 277 & 81
8 PROPOSED USE: restaurant facilit
TOTAL ACREAGE:
YOUR REVIEW and COMMENTS would be appreciated no later than
By. H. Ronald Berg
FOR YOUR COMMENTS: A
lJ /
, 19
Date: 11/15/76
FOR YOUR SIGNATURE: ,;��L' 1�tDate:
703/E62-4582
sp # 037
(suntu
3
4
5
5
7
S
9
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H. RONALO BERG J COURT SOIJARE
PLANNING OlRL"CTOR REVIEW and COMMENT EVALUATION bV1NCHEsYER, VMG)NIA s12601
J. WIL.LIAt.t RILEY, 111
ZONING COD_ AOWN13TnATOR
Frederick County Sanitation Authority ATTN ite�.7.in�;4ou Ji. Jrr���
n y
.of EnJ;inearing, A'CT�N `Thomas %. R��cCuk�irin
Department of Highways and Transportation, ATTN
REZONING /-1� SITE PLAN / / CONDITIONAL USE PERMIT / / SUBDIVISION
ENCLOSURES: I copy of Site Plan (A-1 of W/07/76) 'by 34oc'tt,4y'4
A1411 IN PROP% IT
PROPERTY OWNERs: Jobt Allen
Fred Showalter
f' (Howard S�31.1,0 k y i aS. o :. 1, c.. }
Representative(s):
....l.advised by copy of this form of responsibility to contact above -checked
office(s) concerning this application as soon as possible.
:t 11i)i1G o.". 'thol Ci &V(2' So no cotli;iilCt ji ; net'.eallary.
PROPERTY LOCATION' �� �'� elt.:i:�i3'r� o) ?.ybs�.e?3, 277 and 10,12
i77t'c,',i' nction i)% 1toutart 277 aal.l M
PROPOSED USE • re3tnlArAnt fa`' f.lity
TOTAL ACREAGE:
YOUR REVIEW and COMMENTs would be appreciated no later than , 19
Bv: A. ?ICMIT.IJ .[i01-t" Date: 11/-03/76,
FOR YOUR COMMENTS:
FOR YOUR SIGNATURE:
i
Date: ,?'.
703/662-4532
SP # 037
,Bep,aXtment of than Ling c` ub �D1'ft$lLIpntvTIf
H. RONALD BERG 9 CouRT S41JAR
PLANNING DIRECTOR REVIEW and COMMENT EVALUATION WINCHESTER, VIRG1N.-A 22601
J. WILLIAm RILEY. 111
ZONING CODE ADMINISTRATOR
/ Frederick County Sanitation Authority ATTN Wellington H. Jones-
_ hedirtak Gou&-y Department of Engineering, ATTN Thomas L. Maccubbin
2 / / Department of Highways and Transportation, ATTN Reginald C. King
3 / / REZONING /3q SITE PLAN / / CONDITIONAL USE PERMIT / / SUBDIVISION
r / / ENCLOSURES: 1 copy of Site Plan (A-1 of 10/07/76) by Shockey's
ALLEN PROPERTY
S PROPERTY OWNERs. Joe Allen
6 Representative(s): Fred Showalter (Howard Shockey & Sons, Inc.)
...*.advised by copy of this form of responsibility to contact above -checked.
office(s) concerning this application as soon as possible.
* none of the above are checked, so no contact is necessary.
7 PROPERTY LOCATION: intersection of Routes 277 and 1012
near intersection of Routes 277 and 81
8 PROPOSED USE: restaurant facility
9 TOTAL ACREAGE:
1.0 YOUR REVIEW and COMMENTs would be appreciated no later than
19
kBy: H. Ronald Berg Date: 11/03/76
FOR YOUR COMMENTS:
SEE SITE PLAN
If Mr. Showalter wishes to make an on site review prior to the development of
Plans. Please advise.
A'Copy of our minimun entrance standards are inclosed for his use.
FOR YOUR SIGNATURE: 1 Date: Nov. 5, 1976
4532
k
3-3. SETBACK REGULATIONS
3-3-1. No structure, except signs, shall be located between the setback
line and the street, road or highway center line.
3-3-2. The setback line shall be located sixty (60) feet or more from any
highway, street or road right-of-way which is fifty (50) feet or
greater in width, or eighty (80) feet or more from the center line
of any street with a right-of-way less than fifty (50) feet in
width and parallel or concentric to the center line.
3-4. FRONTAGE REGULATIONS
The minimum frontage for residential uses shall be one hundred fifty
(150) feet at the setback line. For all other permitted uses the
minimum frontage shall be two hundred (200) feet at the setback line.
3-5. YARD REGULATIONS
3-5-1. Side - The minimum side yard for each main structure shall be fifteen
(15) feet and the total width of the two (2) side yards shall be
thirty-five (35) feet.
3-5-2. Rear - Each main structure shall have a rear yard of fifty (50) feet
or more.
3-6. SPECIAL PROVISIONS FOR CORNER LOTS
3-6-1. Of the two (2) sides of a corner lot the front shall be deemed to
be the shortest of the two (2) sides fronting on streets.
3-6-2. The minimum side yard on the side facing the side street shall be
thirty-five (35) feet or more for both main and accessory building.
3-6-3. For subdivisions platted after the enactment of this ordinance, each
corner lot shall have a minimum width at the setback line of two
hundred (200) feet.
3-7. SPECIAL PROVISIONS FOR MOBILE HOME SUBDIVISIONS
3-7-1. Mobile home subdivisions shall be governed by the following regulations.
3-7-2. Minimum Size: A mobile home subdivision shall not be less than twenty
(20) acres.
3-7-3. Lot Size: Each lot shall contain a mobile home stand seventy (70)
feet by twenty-four (24) feet equipped with all utilities buried in
the ground.
The minimum lot area, exclusive of the mobile home stand, shall be
not less than ten thousand (10,000) square feet where public water
and sewer are available; or not less than thirty thousand (30,000)
square feet where public water or sewer are available, but not both;
or forty thousand (40,000) square feet with one hundred twenty
9
Another Kentucky Fried Chicken Stor Photo by Honk Ebert
Joseph Allen's fifth Kentucky Fried
Chicken franchise is currently under
construction with opening slated for
early June. The above building is being
constructed by Howard Shockey and
Sons Inc. It is located near Stephens City
at the intersection of 1-81 and Rt. 277.
Allen said the restaurant will seat 78
persons in a dining room equipped with
booths and chandeliers. Between 25 and
6
30 jobs are expected to be created by
the new business. Ken Setler is to
manage the latest Kentucky Fried
Chicken outlet. He is currently the
Assistant Manager at Allen's Berryville
Ave. franchise. Allen reports the
Kentucky Fried Chicken business to be
strong at all four of his current outlets
and gorsees further expansion in the
future.
A inchester Evening Sta
Monday, April 25, 1977
.. ons ra a through Speaking in Fahs Church, tie told a Repu
Your Happy Shopping Store
OPEN'
'til 1
FOUNDER'S DAYS
WILL CONTINUE THRU FRIDAY, APRIL 29
One Group of
MISSES' DRESSES ......."LEGGETT"
28.88
From a famous maker
BRAND
MISSES'
3-PC.
SLEEVELESS BLOUSES ......
7.88
VESTED
OUR "SWEETBRIAR"
SUITS
TOPS and SHORTS ....... 7.88
Soft, muted tones
subtle weaves,
careful detailing..
TANK TOPS
5.88-7988
Woven text dude
polyester include
stripes, muted
and SHORTS • • • • • •
plaidhalk
aids, solid tones.
Tailored by an im {
portant maker just
for us.
"HEIRESS" HIPHUGGERS,
.
A.G.E.N.D.A.
FREDERICK COUNTY PLANNING COMMISSION
January 17, 1979
2:00 PM
CALL TO ORDER
Minutes of the Meeting -- January 3, 1979 --
--------------------------------------------------------------------
Submitted, for Approval
-------------------
Bimonthly Report.
-----------
(attachment)
---------------------------------------------------------------------------------------------------�
1�
Quarterly meeting with the Engineer Director
of the Sanitation
"
Authority.
=--------------------------------------------------------------------------------------------------
��.
/
Informational meeting with Bob Holmes, Soils
Scientist-
---- -------------------------------------------------------------------------------------
SITE PLANS
(3)
#035-78 -- request for site plan approval by
L & L Builders for.
a warehouse building on Lenoir Drive in Stonewall Magisterial
DistriLb
(attachm Ent)
-------------------------------------------------------------------------------------------------
(4)
#032-78 -- request for site plan approval by
Allen Properties, Inc.
for a grocery store off Route 277 in Opequon
Magisterial District..
(attachment)
------------------ -----------------------------------------------------------------------------------
:(5)
#037-78 -- request for site plan approval by
Robert F. Zeigler for
a wholesale air-conditioning company in the Ash Hollow Industrial
Park in Stonewall Magisterial District_
(attachment)
---------------------------------------------------------------------------------------------------
CONDITIONAL USE PERMIT
(6)
#023-78 -- request for Conditional Use Permit by Charles W. Bush
for a home occupation at Route 257, Country Club Drive. Shawnee
----------------------------------------------------------------------------------------------------
Magisterial District.
(attachment)
continued . . . . .
r-/ r - l ? 7
KUYKENDALL,
POST OFFICE BOX 2760
20 SOUTH CAMERON STREET
WINCHESTER. VIRGINIA 22601
703-667-4640
J. SLOAN KUYKENDALL
HENRY H. WHITING
LEWIS M. COSTELLO
DAVID J. ANDRE
THOMAS M. DICKINSON. JR.
GEORGE W. JOHNSTON. III
DOUGLAS A. GREENLEE
J. E. WETSEL. JR.
DENNIS J. MCLOUGHLIN
H. EDMUNDS COLEMAN. IIL
LAW OFFICES
WHITING, COSTELLO & HANES
January 7, 1977
Mr, H. Ronald Berg
Planning and Development
9 Court Square
Winchester, Virginia 22601
Dear Ron:
POST OFFICE BOX 678
KING AND CORNWALL STREETS
LEESBURG. VIRGINIA 22075
703-777-5700
703-471-9800
STILSON H.
HALL
COUNSEL
WILLIAM B.
HANES
ROBERT E.
SEVILA
RICHARD R.
SAUNDERS. JR.
Pursuant to our phone conference of Thursday, January 6, I am
enclosing a "final" draft of the letter of understanding between
Allen Properties, Inc. and you and the members of the Frederick
County Planning Commission. I have simply had this letter
retyped to reflect the deletions which were made on the original
letter dated (January 5, 1977) by the Planning Commission at their
meeting on January 5. I believe this letter should be placed in
the file along with the original letter so that there will be no
misunderstanding as to the content of the letter.
Sincerely,
H. Edmunds Coleman, III
HEC/bn
Enclosure - final letter understanding
CC Mr. Joseph A. Allen
REL
January 7, 1977
Mr. H. Ronald Berg
Planning and Development
9 Court Square
Winchester, Virginia 22601
and Members of the Frederick County Planning Commission
Re: Allen Properties, Inc.
Gentlemen:
This is to confirm the undertaking of Allen Properties, Inc., its
successors and/or assigns in interest in the subject 10-acre par-
cel, to install two entrances off of Route,277. It is understood
that one such entrance shall provide a direct access from Route
277 to the proposed Kentucky Fried Chicken installation near
Stephens City on Routes 277 and 1012. The other entrance shall
be east of the proposed Kentucky Fried Chicken installation.
This agreement is made as a part of the condition of your
approval of Allen Properties, Inc.'s site plan for the proposed
Kentucky Fried Chicken installation, which plan will be submitted
to the Planning Commission on Wednesday, January 5, 1977.
S� ncerely,
C_
Joseph A. Allen, President
Allen Properties, Inc.
HEC/bn
7
RECEN Li: ) i 77
(Site Plan # 037)
January 5, 1977
Mr. H. Ronald Berg
Planning and Development
9 Court Square
Winchester, Virginia 22601
and Members of the Frederick County Planning Commission
Re: Allen Properties, Inc.
Gentlemen:
This is to confirm the undertaking of Allen Properties, Inc., its
successors and/or assigns in interest, in the subject 10-acre par-
cel, to install and to maintain, at all times, two entrances off
of Route 277. It is understood that one such entrance shall provide
a direct access from Route 277 to the proposed Kentucky Fried Chicken
installation near Stephens City on Routes 277 and 1012. The other
entrance shall be maintained east of the proposed Kentucky Fried
Chicken installation. This agreement is made as a part of the
condition of your approval of Allen Properties, Inc.'s site plan
for the proposed Kentucky Fried Chicken installation, which plan
will be submitted to the Planning Commission on Wednesday, January
5, 1977.
Si gerely,
�C cam.
JosepVA. Allen, President
Alen Properties, Inc.
JAA/ss
November 191t 1976
Mr. Fred Showalter
Howard Shockey and Sons, Inc.
Box 767
Winchester, Virginia 22601
In Re: Site Plan No. 037, Allen Property for 8estaurant Facility
Dear Mr. Showalter.
The revised Site Plan for the Allen Property has been reviewed
and, as I indicated, it is not accepted by the staff. This Site Plan
should indicate access to the property from the sixty --foot right-of-way
and from Route 1012 only. In other words, that the entrance on Route
277 shnW be deleted.
Would you please arranbe to represent this Site Plan before the
Planning Commission on December 1, 1976 to discuss the Entrance on Route
277.
Sincerely,
COUNTY OF FREDERICK, VIRGINIA
H. Ronald Berg
HRB: fmd
CC: J. 0. Renalds, III, County Administrator
November S, 1976
Mr. F. L. Showalter
:Howard $hockey and Sons, Inc.
Post Office Box 767
Winchester, Virginia 22601
In Re: Allen Property, Site Plan No. 037 - Revision
Dear Mr. Showalter:
Several changes should be made in the site plan submitted for the Allen
Property. The parcel of land indicated on it is a portion of a larger tract that
has not been subdivided. The site plan should, therefore, be for the entire tract.
r4
If.' Access to the proposed building should be from the sixty -foot right-of-
way, and there should be no other access point on Route 277.
Please indicate on the revised plan the method for disposition of storm
water and the locations of drainage easements. You should also revise the erosion
and sedimentation control plan submitted to the Engineering Department.
Finally, the revised site plan should carry the seal of an engineer or
surveyor that is licensed in Virginia.
Sincerely,
COUNTY OF FREDERICK, VIRGINIA t
H. Ronald Berg
Planning Director
HRB:fmd
:i
CC: J. 0. Renalds, III, County Administrator
Thomas L. Maccubbin, Deputy County Engineer
s%ofvir."i�lf Ord
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16,282
HHW/rse
11/16/70
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UNION OIL COi•U,AP4Y O: CALIP. '
TO: DELD
IM29I3 OIL a: r,_PTNTI.:c rc:.,PAirr
371 WE 457
THIS DEED made and dated this 2-today of o✓¢ r+GGr ,
1970, by and between UNION OIL CC11-'';Y Of CALIFORNIA. a
California corporation, party of the first part, and HUMBLE OIL
6 REFINING COMPANY, a Delaware corporation, party of the second
part.
WITNESSETH: That for and in consideration of the sum
of Ten Dollars (S10.00) and other good and valuable consideration
the receipt of all of which is hereby acknowledged, the party
of the first part does hereby grant, bargain, sell and convey
i`
vith ,eneral warranty of title, unto the party of the second
part, its successors and assigns, the following described
Property and appurtenances thereunto belonging:
i+
All that certain tract of land containing 10.466 acres
situate east of Stephens City in Opequon
District, Frederick
County, Virginia, as shown on the survey of Lee A. Ebert, C.L.S.,
dated
June 24, 1970, a copy of which is attached and made a part
hereof, and.more particularly described as follows:
fhe said land fronts the Southern Boundary Lines
of Rt. 277
J
and the Southeastern Boundary Lines of
Rt. 1012. just east of Stephens City, in Opequon
District, Frederick County, Virginia:
Beginning at (1) an iron pin in the southern boundary
line of Rt. 277, a
corner to the 3runback Estate Land,
running with the three following Southern Boundary
Lines N 89° 33' 12" W - 159.53 ft. to (2) a concrete
highway monunent
at the P. T.; thence with the Arc
Line 302.63 ft, (Chord Line N 81. 00' 40" I;
- .301.51
.ft,) to (3) a concrete highway monument; thence S 78•
26' 08" g4)
W - 90.04 ft. to an iron pin in the South-
eastern Boundary Line of Rt. 1012; thence
with the three
following Southeastern Boundary Lines S 50• S7' 48"
a44pm- W - 360.52 ft. to (5) a concrete highway monument;
thence with the Arc
Line 239.59 ft. (Chord Line S 42•
08' 48" W - 238.65 ft.) to (6) an iron thence
pin;
S 33. 19' 48" W - 64.20 ft. to (7) an iron pin corner
to the 8runback Estate Land; thence
(S+.
with the two
following lines of the said Land S 56. 38' 23" E
674.90 ft. to (8) an iron pin; thence N 29. 48' E
920.15 ft. to the beginning.
This property is the same property acquired by the Pure
Oil Company, an Ohio corporation, (later
merged into the Grantor
corporation by nerger agreement dated July 17, 1965 as evidenced
by an instrument recorded in the Frederick County Circuit
Clerk's Office in Deed Book
316, at page 537), by deed of Fred
I. Brumback, Executor of the Estate of Charles 1. Brumback,
Deceased, et al dated September 30, 1963 of record in the afore-
said Clerk's Office in Deed
Book 294, at page 137 and by
another deed from the same parties to Grantor herein dated I
a
60'r 371 ma 458
March 27, 1967 of record in the aforesaid Clerk's Office in Deed
Book 332, at page 471 less, however, the conveyance from the
original deed of said Brumbacks dated September 30, 1963 to the
said Brumbacks of a smaller portion of said property by deed
dated April 3, 1967, of record in the aforesaid Clerk's Office
in Deed Book 351, at page 58, said smaller portions being as
Parcels One and Two on the survey attached to said deed, Parcel
One comprising 0,1285 acres and Parcel Two comprising 0,9238
acres.
This conveyance is made subject to all duly recorded
and enforceable restrictions, easements and rights of way
legally affecting the subject property.
Except as noted above, the Grantor covenants that it
has the right to convey said property to the Grantee; that it
will execute such further assurances of said property as may be
requisite; that it is seized in fee simple of the property
conveyed; and that the Grantee shall have quiet possession of
said property free from all encumbrances.
This conveyance has been duly authorized by appropriate
resolution of the Board of Directors of the Grantor herein,
IN WITNESS whereof said corporation has signed its
corporate name and affixed its corporate seal, by the proper
officers, thereunto duly authorized:
UNION OIL COMPANY OF CALIFORNIA
.,...�..
.UN/p"
BY ���
ic�er
r:o•
s ��i • q � E S4� '•
dent
0
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:T';,•.•� es e t a ry
,S1�QF ILLINOIS
COUNTY OF COOK
I• /��,,:
i% _._�_ a Notary Public in and
for the State and
v f aforesaid, do hereby certify that
W. E. BOLSiNGER
whose name is signed to the above
VICE REIwriting on behalf of UNION OIL COMPANY OF CALIFORNIA as its P^ 'ocn
. � I
aRk
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ORUMOACK EST. LAND
IAOM ►I"
1 8 S S6'3B' 23" E 874. 90' -- -- e
64.20'
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p ol�rt
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y NIIN
S'04 10.466 ACRES
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PURE OIL COMPANY LAND
RTS. 277 & 1012-AT INT. 81
ly{1 OPEQUON DISTRICT
FREDERICK COUNTY, VA.
/
JUN E 24. 1970 —100'
AI"■
•
LEE A. EOERT
CERTIFIED LAND SURVEYOR
COMM. OF VIRGINIA NO. 4e4
M131N A F 2^�i.I;C.0 CJJ:Iry, dCf.
T'--�'.'`4 » o; y%a+7i11/'j;� n .o uced`70 to me oIS�e�/��
and w.t:, c_. yla._ r,! ,.,,.:.,•,•.;:. . 1_
: �•.0 It :!.Ordb dana cjj "es
dd'//////pppit t0 I.:CJ:.I. iv.. .. l J/ Js.:. JJ•J..1 OI
$
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\d/�iti`iis�rf-;t/✓.L-
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'EXXON CORPORATION
/
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TO: DEED
ALLE N 1R OPERTIES
INC.
t
Z�COMMONWEALTH OF VIRGINIA
Q
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF FREDERICK
THAT
" EXXON CORPORATION, a New Jersey corporation (successor•
by merger to Humble Oil &Refining Company), having an office at
800 Bell Avenue, Houaton, Texas 77002, hereinafter called "Grantor"
for and in consideration of the sum of One Hundred Sixty Thousand
t x and No/100 Dollars ($160,000:00) to it in hand paid by ALLEN
y;
- PROPERTIES, INC., a Virginia corporation, having an address at
. . .... 603 Millwood Avenue Winchester,
Virginia 22601, hereinafter
t l'
called "Grantee", the receipt of which is hereby acknowledged,
V 'does hereby grant, bargain, sell and 'convey unto the said Grantee,
.-:subject to the reservations, covenants, conditions, and restrictions
hereinafter set. forth, all that certain tract or arc
'f;.,.,:,':.::•: r•' p el of land
lying and being in the City of Stephens, County of Frederick, and
Commonwealth of Virginia, more articular) describe " "
particularly d in Exhibit A
L� s7f, attached hereto and incorporated herein for all purposes.
This conveyance is made by Grantor and accepted b Grantee
� r• � v '" } � P Y
}subject to all valid and subsisting encumbrances, conditions, cove-
'nants, restrictions, reservations, exceptions, rights of way, and
easements of record, including the building and zoning ordinances,
r >?� 4• ,i ram+ 1 s r �
call laws, regulations, and restrictions by municipal or other govern-
mental authority applicable to and enforceable against the above
i described premises.
x !
Ad valorem taxes and special assessments, if any, against
t •
uthe property herein conveyed for the current year shall be prorated
between Grantor and Grantee as of the da,te.hcreof, and Grantee -hereby
.� ,
assumes and agrees to pay same,
r(. TO HAVE AND TO HOLD the above described land, together
;with the appurtenances, estate, title, and interest thereto, unto
x
aY
the said Grantee, its successors and assigns, forev Prr, subject t0
�• the provisions hereof, and in lieu of all other warranties, express
29,3
Boa 464 "na
or implied, Grantor does hereby bind itself, its successors and
t.
assigns, to warrant and forever defend the title to said premises
unto the said Grantee, its successors and assigns, against every
-
person whomsoever lawfully claiming or to claim the same or any part
W-1
thereof, by, through or under Grantor, but not otherwise,
IN WITNESS WHEREOF, the undersigned has caused these
presents to be signed in• its corporate name by its Attorney -in -Fact,
and its corporate seal to be. hereto affixed and duly attested -by
Its Assistant Secretary, all thereunto duly authorized this ZFY7
day of
EXXON CORPORATION
ATTEST:'
By G2-
;:, -;'r;. Attorney -in -Fact
By
_:Y_;sJjs)Lant Secretary
..... . .....
295
Wx 4E4 PAGE i;SJ !
I
EXHIBIT "A" TO DEED FROM IiXXON CORPORATION, A NEW
JERSEY CORPORATION, TO ALLEN PROPERTIES, INC., A
VIRGINIA CORPORATION.
ALL that certain tract of land containing 10.466
acres situate east of Stephens City in Opequon Dis-
trict, Frederick County, Virginia, as shown on the
survey of Lee A, Ebert, C,L,S „ dated June 24, 1970,
a copy of which is attached and made a part hereof,
and more particularly described as follows:
The said land fronts the Southern Boundary Lines of
Rt. 277 and the Southeastern Boundary Lines of Rt.
1012, just east of Stephens City, in Opequon District,
Frederick County; Virginia:
BEGINNING at (1) an iron pin in the southern boundary`
line of Rt. 277, a corner to the Brumback Estate Land,
running with the three following Southern Boundary
Lines N 890 33' 12" {Y - 159.53 ft. to (2) a concrete
highway monument at the P. T.; thence with the Are
Line 302.63 ft. (Chord Line N 810 00' 40" lY - 301.51
ft.) to (3) a concrete highway monument; thence S 780
26' 08" W - 90.04 ft. to (4) an iron pin in the South-
eastern Boundary Line of Rt. 1012; thence with the
three following Southeastern Boundary Lines S 500 57'
48" W - 360.52 ft. to (5) a concrete highway monument;
thence with the Arc Line 239.59 ft. (Chord Line S 420
08' 48" W - 238.65 ft.) to (6) an iron pin; thence
S 330 19' 48" W - 64.20 ft. to (7) an iron pin corner
to the Brumback Estate Land; thence with the two
following lines of the said land S 560 38' 23" E -
674.90 ft. to (8) an iron pin; thence N 290 48' E
920.15 ft. to the beginning.
Being the same property described by deed dated Novem-
ber 24, 1970 by Union Oil Company of California, a
California corporation and•Humble Oil and Refining
Company, a Delaware corporation, and recorded Decem-
ber 4, 1970, Document No, 2711, Clerk's Office, Circuit
Court, Frederick County, State of Virginia,
Exxon Corporation, a Now Jersey Corporation, is a
successor by merger to Humble Oil & Refininag Company,
a Delaware corporation.
% ;„ l �• "_ 60J!( 4S4 PAGE '2S6
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PURE OIL COMPANY LAND
�O u RTS. 277 $ 1012—AT INT. 81
OPEQON DISTRICT
I�/2� UFREDERICK COUNTY. VA.
JUN E 24, 1970 — I", IO0'
LEE A. ESERT
CERTIFIED LAND SURVEYOR
CO"- OF VIRGINIA NO, 484
IRGINIA FREDERICK COUNTY, SCT,
Sf a r
f was produood to me on e
Thle i�}nirumont wrttinp
at
day o,�
•: -• t
'•
corlificalo a cknowl�dgment t oroto annoxod was
;_ , ...::.=: . _• :
nd with
! l d to record, Tax un ,gad �1 ,i)o. dd•�4,1 of
,and 5 havo boon paid, if nsaoRnnbls, I 1
- � I
-
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0
•
TO: TRUST * /V' G"�
SLOAN KUYKENDALL, ET AL, TRS.
- I
�•. r of
tog 4�4 pAu NJ7 �
y
3 THIS DEED OF TRUST made and dated this�� da of
,.•; , a Fs
September, 1976, by and between ALLEN PROPERTIES, I11C. , a
t
Virginia Corporation party of the first art and J SLOAN
r p ,
KUYKENDALL and HENRY H. WHITING of Winchester, Virginia,
Trustees, either one or both of whom may act for any purposes,
including release purposes, parties of the second part.
WIT14ESSETH: That for and in consideration of One
Dollar ($1.00) in hand paid by the said Trustees to the party
of the first part, on or before the delivery of this deed bf
trust, the receipt of which is hereby acknowledged, the party
of the first part does hereby grant and convey, with general
warranty of title, unto the said Trustees, and their successors
forever, the following real estate, to -wit:
S.
"All that certain tract of land
containing 10.466 acres situate east
of Stephens City in Opequon District,
Frederick County, Virginia, as shown
on the survey of Lee A. Ebert, C. L. S.,
dated June 24, 1970, a copy of which
is attached and made a part of the deed
by which the grantor acquired said
property from Exxon Corporation dated
June 25, 1976, and recorded in the
Frederick County Circuit Court Clerk's
Office immediately proceeding the re-
cordation of this deed of trust. Said
property fronts the Southern Boundary
Lines of Rt. 277 and the Southeastern
Boundary Lines of Rt. 1012, just east
of Stephens City, in Opequon District,
Frederick County, Virginia."
TO HAVE AND TO HOLD the property herein conveyed to
the said Trustees and their successors forever.
BUT UPON THIS TRUST NEVERTHELESS: To secure the
holder thereof the payment of one negotiable note of even date
herewith, drawn by the party of the first part in the sum of
One Hundred Thousand Dollars ($100,000.00) payable to the order
of -Shenandoah Valley National Bank at its office in Winchester,
Virginia, to be repaid in One Hundred Twenty (120) equal monthly
• .r
lilt
0
DooK . f �4, •r�cE ' ��8 . .
installments of One Thousand two Hundred Eighty Dollars Thirty -
Four Cents ($1,280.34) each, which installments include interest
at Nine and One Fourth percent (9 1/41) per annum upon the unpaid
balance, the first installment to become due and payable on the
_ � ¢ day of October, 1976, and subsequent installments to
become due and payable at the stated intervals thereafter.
AND FURTHER IN TRUST, to secure the payment of any
money, with interest thereon, advanced by the holder of the
hereinabove described obligation to the party of the first part
or its successors in title at any time before the release of
this deed of trust for any purpose to the extent that the amount
advanced at any one time when added to the balance due on the
original indebtedness and any prior advance, shall not exceed
the amount originally secured by this deed of trust.
This deed of trust shall be construed in accordance
with all the provisions of Section SS-59 of the Code of Virginia,
and amendments thereto as of the date hereof, except as other-
wise provided herein.
Advertisement required: A single publication of
notice of sale at least fourteen (14) days before the date of
sale in any newspaper of general circulation or published where
the property is located.
Commission of two and one-half percent (2 1/2%) of
indebtedness due Trustees if property advertised after default,
withdrawn from sale for any reason.
The grantor reserves the right to pay at any time
:he entire indebtedness, or any part thereof, provided, however,
hat grantor will pay to the holder of the note 'hereby secured
prepayment penalty of one percent (1%) of the•amount of any
uch prepayment made within three (3) years from the date hereof.
Any default in the amount of the monthly payment
rovided in said note, unless paid'within fourteen (14) days from
-2-
hi (Fq
. M
w 464 wt 21S3 '
the due date of said note, constitutes''an event of default under
this deed of trust. The holder of the note may collect a "late
charge" not to exceed four percent (4%) of the amount of each
payment more than fourteen (14) days in arrears to cover the extra
expenses involved in handling delinquent payments.
The provisions of Section 55-60 of the Code of
Virginia and all amendments thereto are expressly incorporated
in this deed of trust by the following short form references:
(1) -Exemptions waived;
(2) Subject to all upon default;
(3) Renewal or extension permitted;
(4) Right of anticipation reserved;
(5) Insurance required in the full fair insurable
value of the improvements;
(6) Substitution of trustee permitted;
(7) Any trustee may act.
NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL
IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE
OR CONVEYANCE OF THE PROPERTY SECURED HEREBY.
The grantor covenants that all necessary and proper
corporate action has been taken to authorize the execution,
acknowledgement and delivery of this deed of trust.
IN WITNESS WHEREOF said corporation has signed its
corporate name and affixed its corporate seal, by the proper
Dfficers, thereunto duly authorized:
(SEAL)
ALLEN PROPERTIES, INC.
QBy
rest ent
-3-
291
DJU� fi-4 PA6I wJl
CERTIFICATE
This is to certify that the attached copy of Incumbent Power
of Attorney (IPA-13A-73) 1s a true and reproduced copy of a certified
copy of the or+ginal executed, attested, sealed and acknowledged Incumbent
Power of Attorney instrument which is on file in the Secretary's Department
of Exxon Company, U.S.A. (a division of Exxon Corporation) in Houston,
Texas; that on June ?s 1976 , Rex E. Patrick is the
Land Manaaement Department, Fee Land Manaoer of Exxon Company, U.S.A.; that
said Incumbent Power of Attorney is in effect on said date; and that the
execution and delivery of Deed of Conveyance from Exxon
Corporation to Allen Properties, Inc. ------------------------
--------------------------------------------------------
are authorized by said Incumbent Power. of Attorney.- n
Executed this Zst day of I S
'i
EXXON CORPORATION
BY
"gyp' :, ti .' ss s ant Secretary
',� �•( jp�rat Seal)
STATE OF TEXAS X
COUNTY OF HARRIS X
Before me, the undersigned authority, on this day personally appeared
known to we to be the person whose name is s1b-
�x t9y nG orego ng instrument as ASSiSLattt Secretary of Exxon Corporation,
a1 01* c{ P to me that he executed the same for the purposes evident
n qde capacity therein stated,
zZ—
=�i� iveri!� c�er my hand and seal of office this S day of
w vn� •.,_t..;.,� ,1...,• % ...Y .,,as rotary u 1n Ind for
said St efe and County
VIRGNIA rRLVf 11411 COUNIN, SM
ltf. t1:2. YvrftlnQ wnq r-ndvr-d to wo q1 tho A( d" d
at.. •nd with o.NI1WA1. or K►nowWlin»nl 11.. 1..nn., w.a fdmtt%.A
to f.00fd.
a�•L_a.a
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