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HomeMy WebLinkAbout024-89 Stonewall Dist. - Frederick Co. Parks & Rec. - Backfilew Upon.submittal of your completed application, a sign will be provided for you. AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the ` property line and be maintained so as to be legible until the date of the hearings. Failure to comply means that your request will be tabled. FI UNDERSTAND THAT I AM REQUIRED BY LAW to display a sign provided by the Frederick County Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have received said sign. Signature Is REZONING CHECKLIST The application is not complete if the following are not present: Submission Package %✓ 1. Comment sheets from the following agencies along with any marked copies of the plan: v VDOT City of Winchester Co. San. Auth. Co. Hlth. Dept. Inspections Dept. 1 Parks & Rec. Fire Marshall Airport Authority County Attorney ia/i9 2. application form W6AIC 6. taxes paid statement 3. location map 14-19 7. sign received 1AIA0 4. survey /V 14 8. fees paid L,2 0 5. deed AiWE: 9. impact analysis NONE 10. proffer statement TRACKING DATE Id'-19 Application Received rta Rezoning forwarded to consulting engineer, if required.- /a-/V Consultation held with planning staff N p Rezoning reviewed by Zoning Review Committee /-a-Ab-F5 Adjoiner notifications mailed for PC public hearing 3-89 Rezoning heard by PC "z g0 Public hearing date set by BOS l-/lf- 9'0 Ordinance of amendment with conditions proffered prepared for BOS Adjoiner notifications mailed for BOS public hearing -� -90 Rezoning heard by BOS 2_05-9° Zoning map amended Rezoning records updated COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 January 25, 1990 Frederick County Parks & Recreation Attn: Matthew Hott P.O. Box 601 W Winchester, Virginia 22601 Dear Matthew: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 24, 1990. Approval of rezoning -application #024-89 of Frederick County to rezone 3.218 acres from RA (Rural Area) to EM (Extractive Manufacturing). This property is located south of Route 672 and east of Route 11 North in the Stonewall Magisterial District. If you have any questions regarding this rezoning do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/slk cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr., Treasurer 9 Courj Square - P.O. Box 601 - Winchester, Virginia - 22601 • 0 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission January 3, 1990 Board of Supervisors January 24, 1990 An ordinance amending the zoning district map for #024-89 of Frederick County Parks and Recreation. WHEREAS, Rezoning application #024-89 of Frederick County Parks and Recreation to rezone 3.218 acres from RA (Rural Areas) to EM (Extractive Manufacturing) located south of Route 672 and East of Route 11 North, and designated as Parcel 162-B on Tax Map 33 in the Stonewall District, was referred to the Planning Commission on January 3, 1990; and WHEREAS, the Planning Commission held a public hearing on this application on January 3, 1990; and WHEREAS, the Board of Supervisors held a public hearing on this application on January 24, 1990; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; THEREFORE, ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 3.218 acres from RA (Rural Areas) to EM (Extractive Manufacturing) located south of Route 672 and east of Route 11 North and designated as Parcel 162-B on Tax Map 33 in the Stonewall Magisterial District and described by the application and plat submitted. 0 This ordinance shall be in effect Passed this 24th day of January, 0 1 Joh Fre REZONING REQUEST #024-89 Frederick County Parks and Recreation Rezone 3.218 acres from RA (Rural Area) to EM (Extractive Manufacturing) Location: South of Route 672 and East of Route 11 North Magisterial District: Stonewall Adjacent Land Use & Zoning: Parkland zoned RA (Rural Area) and Quarry land zoned EM (Extractive Manufacturing) Proposed Use & Improvements: Quarry Planning & Zoning: The Parks and Recreation Department is proposing to exchange some land with Freys Quarry to provide a better park configuration. This proposal is to rezone the piece that is to be given to Freys. After the exchange, Parks and Recreation intends to bring the parcel they received into rezoning from EM to RA. The staff would project no adverse impacts. Staff Recommendation: Approval PLANNING COMMISSION RECOMMENDATIONS OF 1/3/90: Unanimous approval. Note: No proffers offered. Y. _ l APPLICATION FOR REZONING FREDERICK COUNTY, VIRGINIA Zoning Amendment No. ya �l-8 9 Submittal Deadline is Application Date -/9 P/C Meeting: /-3- 9Zp Fee Paid Alp B/O/S Meeting: 1. APPLICANT (The applicant is they owner other (check one) NAME : arc-c%r�`��� �a'7 C/od1� %o t. rrec�eri�,� C�vunty ADDRESS: X �'-0/ I i�ChL'SEfl� J 7r)G5 14-' CCU PCz o, TELEPHONE: / 7r7 3 ) &6 `5 - 3& % `5- 2. Please list all owners of the property or parties in interest: 3. The property sought to be rezoned is located at (please give exact directions) -:nu'h C"F' P6 - 4 e-a sf ©F )Q� . / f ,c/ . 4. The property has a frontage of /,O/M feet and a depth of °30 feet and consists of 3,a/8 acres. (Please be exact) 5. The property to be rezoned is owned by Cck- '' n as evidenced by deed from �'JCCYD��C� WC`•% 1�0- recorded in deed book o. J(n on page registry of the County of 6. 21-Digit Property Indentification No: �j Magisterial District: ,'nf&d0%/ 7. It is requested that the property be rezoned from /?/' to —Fln 8. It is proposed that the property will be put to the following use: G�tfzrrU U 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBER] N't 1 ,� -- ✓ �f �� �� Address: Al2- Property IN - v —o�6G- 2, Add ess• j /J Property ID#: 3 Add ess. Property IDI# `33Z�C�� -jq�0 -D000 �/����o -v/YI 4, Address: Property ID#: 11 ow -A Page Two Rezoning TTAMF 5. Adds: / /' �• C�-t G� / Property ID#: 6 Address: Property ID#: 3_; 000 — 7. , � D� �- Address: / /6oY Property ID#: _»000 -i9oo — GUDo v000 — �l/C 8. i/ll U Or Addd��ress- C�oX ��1/ C nGao% Property ID#: J30e7o - ,f`on — DOG�D - Davo = Ols`% 9. Addre s. Property ID#: 2 2D�D 10. Ad5Vess: Property ID#: 11. Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applicant: Signature of Owner: Owners' Mailing Address Owners' Telephone No: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) 3, 1 9 4 c Approval +� Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval �� Denial COUNTY ADMIN. (signed) O 0 m vP � O e � D� 3.218 ACRES ALPHA N 83 -5 2 /0,3 W_ o PORTIAND CEMENT CO. . 244 D.B- F. 401 NLa f, LEE 11. E �.RT <. r F r'. r E t"All 4 • EXHIBIT F4 I Qom+ I O I� I I W W cc - f I W O N a4 t 8 a J C7 W to V m �O aQ m N J a o I J I 3 r r�o lu= W 2�m ly0 !� a 1 THE 3.218 ACRE PARCEL IS TO BE CC°1VEYED TO WILLIAM S. FREY AND 'S TO BE JOINED WITP AND BECOME A PART OF THE LAND CONVEYED IN DEED BOOK 537, PAGE 591. APPROVED FRE DE R IC K COUNTY PLANNING DEPT. i61 zy The Accompanying Flat is a Survey of the Southeastern Portion of the Land conveyed to the County of Frederick by Deed dated 11 September 1972 in Deed Book 396 Page 58. The said Land lies South of Virginia Route 672 - Brucetown Road - in Stonewall District, Frederick County, Virginian Beginning at a concrete monument (found), a corner to the William S. Frey Land and the Alpha F-ortland Cement Land, running with the Northern Line of the said Cement Company Land N 830 52' 03" W - 460.00 ft. to an iron pin corner to the Retained Fortion; thence with the Southeastern Line of the said other Land N 410 33' 45" E - 747.93 ft. to an iron pin in the Western Line of the said Frey Land; thence with the said Line S 030 39• 00" W - 610.00ft. to �• L!,I the beginning. J►- Containing - - 3.218 Acres d LJp A• F2, F Ri V t;MTE No. Surveyed - - - September 249 1904 -,'"•t �, EXHIBIT B COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 January 10, 1990 TO THE APPLICANT (s) and /or ADJOINING PROPERTY OWNER(s) The Application of: FREDERICK COUNTY PARKS AND RECREATION REZONING APPLICATION # 024-89 TO: Rezone 3.218 acres from RA (Rural Area) to EM (Extractive Manufacturing). This property is located south of Route 672 and east of Route 11 north in the Stonewall Magisterial District. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of January 24, 1990 at 7:15 p.m., in the Board of Supervisors Meeting Room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Planning Director RWW/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 P This is to certify tha�he attached correspondence wasv sled to the following on January 10, 1990 from i�. Department of Planning and Deopment, Frederick County, Virginia: CyATHER9 YULA L..• 10 X 26 CJ }= f L E A R 3 i 0 C� i<, r V A n 9 COUR F SQUA111 i_ `�ItdCyiit-STI_ <> Vi:GO2 VA L J 2 2 o u I CL11.-­AR3R'0(i -s VA, Frederick Co. Par'.{s & Rec. 9 Court Square ATTN; MATTHEW HOTT FIRST NATIONAL 6,041,' GF YCIRK PEs` NSYLVANIA T"!.1 ; r n z O n BOX 16214 YnRIK'r PA 17�)7 CLFAR`i3R J(j!( PRI ;BYTr=R l;�N CHURCH C/0 308s3 Y F., LAi` MA STEP}iFI'dS(i`3v V,:. 22656 L:,,;RtN",Ci�:r WILL.IAiI Iiall.i P 2` )v' 3 j:3 0 'x 1 ZZb-?4 FRt=1'a '4 S COiVAidYv INC 7 1.` r HA KF T > T L. _ f I;;.i IV T.. & �ta.r<� T..;. Mi 1.1 er YtIR1<r P4,a F�.t, i .17 4,3 ' C1.eabroo'r, ` -.N CLEAP.3RF1lis V1;L1)f�'T'=1_; Fi:ZE CO, ?T� 1 (_;i;;; 2c;0 First National Ban'z of York CLz('—A P,t:SGV"N 95 S. Geor_ae 2612'4 York, PA 1_7a05 a UIEN(1,:1 U s CLFAR P,ttiaGK i VA, 7'lt' ?4 W.S. Frey, Co., Inc. Robert W. Watkins, Director PO Box 1624 Frederick County Dept. of Planning York, PA 17405 J lLiln Oz v i Xi _-- COUNTY OF FREDERICK I,p� �Q, , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknow edged the same in my state and county foresaid. Given under my hand this /�7L6 day of� 1990. My commission expires on ///jIil o�� /%9/ �M)�Ia6cac NOTARY PUBLIC M P� • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 December 20, 1989 TO THE APPLICANT (s) and /or ADJOINING PROPERTY OWNER(s) The Application of: FREDERICK COUNTY PARKS AND RECREATION REZONING APPLICATION # 024-89 TO: Rezone 3.218 acres from RA (Rural Area) to EM (Extractive Manufacturing). This property is located south of Route 672 and east of Route 11 north in the Stonewall Magisterial District. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of January 3, 1990 at 7:30 p.m., in the Board of Supervisors Meeting Room, the Old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Planning Director RWW/slk 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 r This is to certify thll'the attached correspondence walitailed to the following on December 20, 1989 from the Department of Planning and Development, Frederick County, Virginia: Frederick County c/o Matthew Hott Parks °. Recreation First National Han'{ of York, PA Trust 96 S. George York, .PA 17405 W.S. Frey Co., Inc. PO Box 1624 Yori, PA 17405 Clearbrook Nlolunteer Fire Dept. c/o David Dav Moulden Rt. 1, Box 200 Clearbrook, VA 22624 Cecil R. & Brenda D. Campbell Rt I Clearbrook, VA 22524 William H . Lawrence, III PO Box 8 Clearbrook, VA 22624 Billy L. & Mar<I T,. Mi-11-er Rt. I Clear_bro0k, VA 22.524 Xu1a L. Cat her Bony 25 Clearbrookr VA 22624 Eva V. Gore Box 26 Clearbrook, VA 22624 Clearbrook Presbyterian Church (A Bobby F . Tamar_ Stephenson, VA 22656 Jobn R i_ 1 ey Frederick County Administrator Robert V Watkins, Director Frederick County Dept, of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I/ / �- a Notary Public in and for the state and Nt ��,h I t �, . Y i county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 00 j ,� /� )'Vj , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this f,e(. day of C'�P ar�lL-L�? 1989. My commission expires on NOTARY PUBLIC o;1V `sA.T-'0`1/;1')/�4I WPEDERICK COUNTY, VIRGINIA PLANNING E DEVELOPMENT LABEL LIST NAME/ PROPERTY MAP NO* /ADDRESS DESCRIPTION FReDERICK, CJUNTY Cr- STONEWALL P. 09 BCX 601 9 COURT SaUAR'= WINCHESTER, VA. 22601 )r)0-0000-0146-0 FIRST NATIONAL 6ANK OF YORK CLEARBROOK P-NNSYLVANIA TRUST P.O. 'AOX 1624 YIRK, PA. 17405 )- � i,' .;-. 145-0 FR EY, W. '�. COMPANY. INC. CLEARBROOK 257 E. MARKET STREET PORK, PA. 17403 ir�u-�00-0000-+�On0-0149-!i CLEARBROOK VOLUNTEER FIRE CO. STONEWALL C/O ;AVID MOULDEN MT. 1 SOX 200 CLEARRZOJK, VA. 22624 '3000-A00-0000-0000-0150-0 CAMPBELLi CECIL R. WHETZEL & BRENDA O. ROUTE 1 CLEARBROCK• VA. 22624 13000-A00-0000-00)0-0151-^ MILLERt BILLY L. MARY L. CLEVENGER V. No B* MOR TGAvE CORP. 13000-A00-0000-0000-0161-0 CATHC-R, YULA L. CLEVENGER LiOX 2b CLEARBROOK, VA. 22624 3?000-A00-0000-0000-0160-0 GORE, EVA L. WHETLELL BOX 26 CLEARBROOK• VA. 22624 33000-A00-0010-0000-0159-0 GORE, EVA L. CLEVENGER 30X 26 CLEARBOOOK, VA. 22624 33000-A00-0000-0000-0158-0 CLEAR6ROOK PRESBYTERIAN CHURCH STONEWALL C/O 308RY F. LAMMA STEPHENSON, VA. 22656 33000-A00-0':)00-0000-016'_-0 LAWRENCE, WILLIAM H.III CLEVENGER P.O. BOX 3 CLEARBROOK, VA. 22624 PAGE 1 LAND IMPROV. ACREAGE ZONE U/C VALUE VALUE ------- ---- --- ------------ 44.02 A2 IN 669000 3699500 30.00 EM CM 1509000 1891100 .50 M2 AG 600 5.00 A2 IN 149800 1149000 .50 A2 RS 59000 289700 .50 A2 RS 59000 449300 .33 A2 RS 49500 239900 1.00 A2 RS 69000 269000 .50 A2 RS 51000 25#800 A2 AG 159000 881,800 1.96 A2 CM 23,500 779400 Reference is here made to the aforesaid instruments anc the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. This conveyance is further made subject to the condi- tion that the 3.218-acre parcel hereinabove conveyed by William S. Frey to the Board of Supervisors of the County of Frederick, Vir- ginia, shall be deemed to be combined and consolidated with, and to become a part of, the land acquired by the County of Frederick, Virginia, from The Clearbrook Woolen Company, Incorporated, by deed dated September 11,�1972, and recorded in the aforesaid Clerk's Office in Deed Book 396, at Page 58. William S. Frey convenants that he has the right to convey said property to the party of the second part; that he has done no act to encumber said property; that he will execute such further assurances of title to said property as may be requisite; that he is seized in fee simple of the property conveyed; and that / the party of the secondpart shall have quiet possession of said property free from all encumbrances. Purdon W. Frey, party of the third part, joins in this conveyance for purposes of granting and conveying unto the Board of Supervisors of the County of Frederick, Virginia, any and all interest which she may have or hold, including any curtesy in- terest, in the hereinab.ove described 3.218-acre parcel. In compliance.with the provisions of Section 15.1-286 of the Code of Virginia, 1950, as amended, this deed is in the (form approved by the County Attorney for the County of Frederick, (Virginia, and is accepted by Kenneth Y. Stiles, Chairman of the Board of Supervisors, on behalf of the County of Frederick, said -2- Kenneth Y.-Stiles, having been authorized to so accept said con- veyance on behalf of said County by Resolution duly adopted by the Board of Supervisors of said County at the meeting held on November , 1984, said acceptance being attested and evidenced by the signature of Kenneth Y. Stiles, Chairman of the Frederick County Board of Supervisors, hereto. THAT FOR AND IN CONSIDERATION OF the above conveyance by the party of the first part to the party of the second part, the party of the second part, the Board of Supervisors of the County of Frederick, Virginia, does hereby grant and convey, with general warranty of titles, unto the party of the.first part, William S. Frey, his heirs, successors and assigns, in fee simple, all of that certain lot or parcel of land, with the appurtenances thereunto belonging, more particularly described as follows: All of that certain lot or parcel of land, containing 3.218 acres, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described on the certain plat and survey of Lee A. Ebert, C.L.S., dated September 24; 1984, a copy of said plat and survey being attached hereto as Exhibit B and by this reference made a part hereof; and being a portion of the land conveyed to the County of Frederick by deed from The Clear - brook Woolen Company, Incorporated, dated September 11, 1972, and recorded in the aforesaid Clerk's Office in Deed Book 396; at Page 58. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular.description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions,^easements and rights of way: It is acknowledged and agreed, however, by the parties of the first and second part that William S. Frey, by his acceptance of the conveyance to him of the hereinabove described 3.218-acre parcel -3- by the Board of Supervisors of Frederick County, does not hereby undertake to perform any duties, responsibilities or obligations (if any exist) arising out of that certain "representation" re- garding water and sewer made by the County of Frederick (as "Grantee") in that certain deed from The Clearbrook Woolen Company, Incorporated, dated September 11, 1972, and recorded in the aforesaid Clerk's Office in Deed Book 396, at Page 58, and to the extent that it can, the Board of Supervisors of Frederick County does hereby indemnify and hold harmless said William S. Frey, his heirs, successors and assigns, from any and all liability arising by virtue of said "representation." This conveyance is made subject to the condition that the hereinabove described 3.218-acre parcel conveyed by the Board of Supervisors of Frederick County to William S. Frey shall be deemed to be combined and consolidated with, and made a part of, that certain land which was acquired by William S. Frey by deed from The Commonwealth National Bank (York Division), dated May 6, 1981, and recorded in the aforesaid Clerk's Office in Deed Book 537, at Page 591. The party of the second part convenants that it has the right to convey said property to the party of the first part; that it has done no act to encumber said property; that it will execute such further assurances of title to said property as may be requi- site; that it is seized in fee simple of the property conveyed; and that the party of the first part shall have quiet possession of said property free from all encumbrances. IN WITNESS WHEREOF, William S. Frey and Purdon W. Frey do hereby affix their signatures and seals hereto, and the Board of Supervisors of the County of Frederick, Virginia, pursuant to a -4- Resolution duly adopted November 1984, has caused Kenneth Y. Stiles, Chairman of the Board of Supervisors, to -affix his signa- ture and seal hereto. (SEAL) William S. Frey (SEAL) Purdon W. Frey BOARD OF SUPERVISORS OF COUNTY OF FREDERICK, VIRGINIA By (SEAL) Kenneth Y. Stiles Chairman STATE OF VIRGINIA, At -Large OF To -wit: of Acknowledged before me by William S. Frey, on the 198 My Commission expires , Notary Public S STATE OF VIRGINIA, At -Large OF To -wit: Acknowledged before me by Purdon W. Frey, on the of 198 My Commission expires STATE OF VIRGINIA, At -Large OF Notary Public To -wit: -5- u Acknowledged before me by Kenneth Y. Stiles, on behalf of the Frederick County Board of Supervisors as its Chairman, on the of 198_ My Commission expires 4 Notary Yubiic am .......................................... THE C1,FARRROOK WOOLEN COMPANY, INC. TO: DF I?D CClif:'I'Y OF G'RFMf•3iICK, VIRGINIA ....�...................... .............. BOCK 393 PAU 58 THIS DEED, made this day of September, 1972, by and between The Clearbrook Woolen Company, Incorporated, a Virginia corporation, of the one part, hereinafter called the Grantor, and the County of Frederick, a political subdivision of the Common- wealth of Virginia, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, unto the Grantee, in fee simple, with General Warranty and English Covenants of Title, all that certain tract or parcel of land, together with all rights, privileges, appurtenances and improvements thereunto belonging, lying and i I being situate in Stonewall Magisterial District, Frederick County, Virginia, fronting on the East side of U. S. Highway No. 11 and the South side of Virginia Secondary Route No. 672 (the Brucetown Road), containing 44.021 acres, being more particularly described by plat and survey of J. R. Nicely, Certified Land Surveyor, dated September 6, 1972, attached hereto and incorporated herein in full by this reference, and being a portion of the land conveyed to the Grantor herein by deed from Clearbrook Woolen Company dated April 1, 1946, and duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 196, at Page 71. A reference to the aforesaid deed and i to the references contained therein is here made for a further an I more particular description and derivation of title of the land herein,,conveyed. This conveyance is subject to all legally enforceable ...,i,o. 9 40-110. restrictive covenants, if any, and all easements of record affecting said realty. • I • 80GK 39.3 Fua 59 REPRESENTATION OF GRANTEE REGARDING WATER AND SEWER: It is recited that Grantee intends to operate on the premises herein - above conveyed a public utility providing water and sewer subject to regulation by the State Corporation Commission of Virginia. As a part of the valuable consideration for this conveyance, Grantee warrants and covenants to Grantor, as owner of land situate on the North side of Route 672 (the Brucetown Road) and of three (3) separate parcels contiguous to the land herein conveyed and situate on the South side of Route 672 and the East side of U. S. Highway No. 11, that Grantee (and any public utility company created under the auspices of Grantee's authority) will hereafter give priority service in providing water and sewer within the then existing capacity to said lands of Grantor or Grantor's successors and assigns (Grantee's obligation to provide such water and sewer service being expressly limited to the surplus capacity of the system at the time of each request). It is further recited that Grantor now has sprinkler fire protection service in Grantor's Clearbrook mill property situate on the North side of the Brucetow, Road, in the Clearbrook Woolen Shop situate South of the Brucetown Road and fronting on the East side of U. S. Highway No. 11 and in the quonset building situate on the South side of the Brucetown Road provided by the water facilities situated on the land herein - above conveyed. Grantee further covenants that there shall be no interruption of that service and that the said service shall hereafter continue to be provided on the same basis subject, however, to such regulation by the State Corporation Commission of Virginia as is applicable under the circumstances, including the payment of such reasonable charge as may be from time to time assessed therefor. Grantee agrees to keep and maintain the said M•I,IS 0.1 { lO Mr1,rQ11 water lines in good repair to the point of entry of each line •n •..rr, •r r.• into each improvement being served, said maintenance and repair 2 COCK 3 0 3 PAGE 60 to be at Grantee's expense, in consideration whereof, Grantor herewith grants and conveys to Grantee an easement 20 feet in width (ten feet on either side of said line) for the operation, maintenance, repair, removal and replacement thereof. Grantor, its successors and assigns, shall have the right to relocate said lines and easements at Grantor's expense except that such relocation shall not materially increase the Grantee's obligation of maintenance and repair. Grantor further grants to Grantee a license, revocable upon giving sixty (60) days' notice in writing to use the water from the two wells now located upon Grantor's remaining land on the North side of the Brucetown Road at and nea; the plant building formerly occupied by Grantor's woolen mill. The operation of the said wells during the period of the license shall be at Grantee's expense. GRANTEE'S ACCEPTANCE: Grantee accepts this conveyance within the meaning of 5 15.1-286, Code of Virginia (1950), as amended, as is attested by the signature of Roger H. Alderman, its duly authorized representative acting pursuant to a resolutio of the Frederick County Board of Supervisors duly adopted August 1972. WITNESS the following signatures and seals: ry THE CLEARBROOK WOOLEN COMPANY, INCORPORATED By Presiden COUNTY OF FREDERICK, A Political Subdivision of the Commonwealth of Virginia By Roger H. A Berman -3-✓ Jr, 7 L:v 303) 41A Gi STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: a Notary Public in and for the State and Count aforesaid, do certify that W. H. Lawrence,,Jr., whose name as President of The Clearbrook woolen Company, Incorporated, is signed to the foregoing writing, bearing date on the day of September, 1972, personally appeared before me this day in my said County, and in the name and on behalf of the said Corporation, acknowledged the said writing as the act and deed of the said Corporation, and made oath that he is President of the said Corporation and that the seal affixed to said writing is the true corporate seal of the said Corporation and that it has been affixed thereto by due authority. ` ;• Given under my hand this // day of September{ 1972.E My commission_expires j, !{ti.,, a, .; ;�c� / Z'i CK Notary Public STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: a Notary Public of and for the State and County aforesaid, do certify that Roger 11. Alderman, whose name as authorized representative for the County of Frederick, Virginia, is signed to the foregoing writing, bearing date on the //Y� day of September, 1972, has acknowledged the same before me in my State and County aforesaid. Given under my hand this //LC day of September, 1972. My commission expires / C� . ✓ - �� / %� '•f ,t `1 rotary Public / i i14• C J C-- r- i f' 0 /� 0 l 0 C' 9 h Iy i✓ ll'CY d � l ~� r ��� �•'�'.fs Q!• wi 1J •JJ'i0•! �I I GO 7 J� �v vs � N �•Jtf vi -A fI w ��j•/!'I/'� 1 JJ OG' fv,. 7J1 mil' 1� �,c•�•.JJ'.cs�L -is- 1 L- '"�- �� r� a��►1.7i p�,` -o dE �.co��,vc.� Br r E ? t�MY r 0 r V CLRIrI�wif Iy > �SC�•CL E /- • t00' �.Tc�ioT G /J 7,2 1�2 �1 �� LARD •v CEiF'TiF. E� Lam.(/O TfiiP EYp.P .. .• " ,.. L:. I,; I ILL. :.1;. i. COX 4GG. nOUTC 6 WiNCNI•UTCN. VInGINIA 22001 703 - GG2.1070 ii:e _roperty Of C:.:.t i ::U01: '';UOLr:. CO., i::C . i To be Acquired By The i County of :redcrick., Va. Stonewall Dist, 1'rederick Co., Va. BcGinainG at a point in tho 11-0-1 of U.S. ;te. 11, a corner to t;le 'iloolen Co.; Thence, with 5 ne,+r lines of the Woolen Co., 73055-20" 1s 74.24 Sect to a fence post; Thence, S 1405310311 L 13.44 feet to a fcrxa post; Theixa, S 37019,2211 L 126.14 feet to a fei:ce post; Thenco, 11 75008/0111 L•' 117.49 feet to a fence post; T}:e::ce, 1i 1204912911 Z 273.71 feet to a fence post in the line of Gore, and a new eor"er to the Woolen Co.; Thence, wit:i 2 lines of Gore, S 33023156" 3 239.89 feet to a fence post, a coraer to Gore; Thence, 11 19020/1111 a 4a.75 Sect to a fence post, a new cor. `.o the Woolen Co.; Thence, with 3 new lines of the 'Woolen Co., S 69°2614111 L 291.19 feet to a point; Thence, Ii 103311311 L 153.66 feet to a hub; Thence, 1; 4103110611 'U 59.51 feet to a hailrcad Spike in the celiterlire of State iite. 672; The::ce, s+ith said centerline, N 8902410311 F, 259.60 feet to a nail, a cor: er to ..:.filler; 'ihencc, leaving said centerline, S 10161521, W 202.66 feet to another cornea of Uiller; Thanco, S 6902614111 1; 753.76 feet to a point; Thence, 1; 303610011 236.23 feet to a point in tae centerline of State Ste. 672; Ti.cncc, eritii said centerlino, \ 803911a11 L 20.00 feet to a rail; Thence, with the original exterior property line of _ tae woolen Co., S 30341171, W 237.59 feet to a fence post; The::ce, S 3039100" U 1112.61 feet to a concrete aonuzeat; :: a3°5210311 U 2177.70 feet to a point in t•::e it-O-J of u.S. lite. 11, said point beinr_ a Point on a curve to ti:e left having a central an;lo of 12053102/, and a radius of 2905.00 feet; Thence, with said curve, 653.24 feet to tho beGinning; Containing 44.021 Acres and being in all respects the sar,o property a., s1:o'rm on a plat entitled, "Plat Snowing The Property Of Ci::1i' RG06 WUOIi::i CO., i:w . —2- 1'ro-)crty of C L ,:.': To F,c :,cquired 3y The i COiii.Ti of r'iL:i).illC:i, VA. r To Be squired By The CUU1:T[ of c:.:'D`.:;IC}:, Vn." dated Sept. 6, 1972 and prepared by J . 3. :sic ely Certified Lard Surveyor. a V.%;;,:;IF ic,:z cnt c 1L_lar W pjp;;,;C d to m, �at �°n tho d:tvril i! 7 cH,�- and eortacicn0I reat i tha:eto eaaocad was to record. 4ax imjjju,;od o)y S,c• 6i-, 4.1 o1 c S and 5.z%54 havo boca paid, if aria:ssblo: � I 9.