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Home My WebLink About005-77 Hwd. Shockey & Sons, Inc - M2 Stonewall-45,336 sq ft warehouse - staff approved - Backfile (2)17 - r '�MPo�<A�zY (</aw16 S��IM�N-f �/SRrI� u 92 t t'I�K IT'S STICK % 1, 2 1 w IH e GfZvoN J �I \ I rno i ccr IN pq ---`_ MH M. Om- i 0 7 -7 Ef g� k MAIN s�c-�P it r� t� OCI uo 77---- L'� i �-� POVERTY LINE; SEG LT�e LY REGx)I r<e,D r-vr� t-�urvW,,,a-j U 7Y M, sm t C ri W/�W_: k r' rE �j� -Imago. L !I tl i S i cj N tz' —A'—L i IT E- N9, ni MAR 10 El L L) A I c I Nf4c7#1 LNC�irl.g 4 ", 1 9 HOWARD 1 HOCKEY Fs IO U If K. General Contracting, Design, Construction Management P. O. Box 2530 / Winchester, Virginia 22601 / Phone (703) 667-7700 June 22, 1978 Mr. Thomas L. Maccubbin Director of Public Works Mrs. Dorothea Stefen Planning and Development Office County of Frederick P. 0. Box 601 Winchester, Virginia 22601 Re: Shockey Property Dear Tom and Dorothea: I am enclosing copies of drawings describing the Shockey Property. I am going to consolidate these drawings in the next couple of weeks and have the single drawing reduced to a drawing at 200 scale which will be more manageable. We can then use this as an instrument to inform you of work being done. The access road where tunnel liners are being stored is not a dedicated right-of-way, as shown on the deeds I forwarded to you on June 21. If I read everything correctly, we are only to stay back from adjoining property lines a distance of 40 feet with any storage or structures. Since the right-of-way is not dedicated and is just a 30 foot access way, we only need to keep that 30 feet clear. Since the day you were both here, we have proceeded to cover disturbed ground in storage areas with gravel. The management in the yard has been informed to limit unstabilized disturbed areas to a size no larger than 10,000 square feet. Finally, the Anderson Box site is being fine graded around the building, topsoil will be spread, and the area will be seeded. Work is in progress on this. The bank adjacent to the drainage swale you pointed out is going to be brought to a slope and stabilized with concrete. I will assume,unless I hear from you, that these steps bring us up to a state of compliance. I will forward to you a copy of our final site plan as soon as I have everything reduced. DM/sy Enclosures Sincerely yours, HOWARD SHOCKEY & SONS, INC. Dave McClure A.I.A. Architect Member Associated General Contractors of America HOWARD !HOCKEY & M U If 1C. General Contracting, Design, Construction Management P. O. Box 2530 / Winchester, Virginia 22601 / Phone (703) 667-7700 To: Ms. Dorothea Stefen Date Project: Department of Planning & Development P. 0. Box 601 Winchester, Virginia 22601 Subject: Attn We are forwarding: ❑ under separate cover ❑ Drawings ® herewith ❑ Shop Drawings June 21, 1978 COPIES DRAWING NUMBER COMPANY DESCRIPTION OR TITLE 1 McKee and Butler Letter to James D. Shockey, 4/4/75 1 McKee and Butler Letter to James D. Shockey Jr., 12/24/75 Fort Collier Farms, Inc. and Mary Helen 16 402-SR 1 1 Note #1 169402-SR, 12/18/7S Note #2 16 402-SR 12/18 7S Remarks 1*91 Which are: ❑ Submitted for your approval ❑ Returned for correction and resubmission ❑ Approved with corrections noted ❑ For your files ❑ Approved for construction ❑ Proceed with fabrication and forward to us prints for our file and field use 10 For your information Very truly . urs, HOWA HOCKEx i BY ave McClure J Member Associated General Contractors of America 'r. It, MCI E1-1 AN 1) I3UTI,E I? A7'T012N1:1'S AT LAW WINC1iESTIU?,VII?0IN1A 22601 11 SOUTH CAMERON STREPT PETER R.MCKE.E (3934-1967) AREA Cone 70.1 BENJAMIN M. BUTLER TPI.P-1•11osp ()62 -1486 STX"ZN G.IIUTLER December 24, 1975 Mr. James D . Shockey, Jr. Shockey Realty Company P . O. Box 767 Winchester, Virginia 22601 Re: My File No. 3403 Shockey Realty Company - Fort Collier Farms, Inc. Dear Don: Please find enclosed the title letter on the property purchased from Fort Collier Farms, Inc. , et al, along with the receipt showing recordation of the deed, 1. Fred Stine, Jr.'s letter of December 3, 1975, copy of the deed and Vendor's Lien, and copies of the two notes used as purchase money. It would appear from the agreements contained in the Southern \ Scrap Company deed and the Kenneth Williams deed that there is no obliga- tion upon Fort Collier Farms, Inc. (predecessor in title to Shockey Realty Company) to construct and maintain the 60 ft. roadway; however, in the event that you wish to place the road in some different location than that shown on the plat, then, and in that event, the cost of such construction, for relocation purposes would be your expense. Also please note that in the event the road is relocated, the same will not unreasonably increase the distance that the other users of the road would have to travel over the remaining property. With respect to the prorata share of public water and sewer improvements and the prorata share of maintenance, it would appear from the deeds to Southern Scrap Company, Kenneth Williams and Newlin, that there is no obligation to provide water and sewer to the above named properties, but in the event that they are provided with water and sewer, 1 Shockey Realty Company Page 2 December 24, 1975 3. By Right of Way Agreement, dated December 15, 1967, of record in the aforesaid Clerk's Office in Deed Book 338 at Page 632, Fort Collier Farms, Inc., predecessor in title, conveyed a right of way to the Potomac Edison Power Company for electric lines over its land in Stonewall Magisterial District; because of the vague description, the same may affect the subject property. 4. Taxes for the year 1976, and subsequent years, if not paid by December 5th of the year in which they are due, constitute a lien upon the subject property. 5. Applicable Zoning Ordinances for Frederick County, Virginia; unfiled and unrecorded leases and materialmen's liens; and such facts as might be revealed from a physical inspection and/or by a competent survey of the premises. The opinion as to the status of the title to the above property is based upon examination of the public land records in the aforesaid Clerk's Office and due diligence in the examination thereof in this respect is warranted, but no responsibility is assumed for the accuracy of the indices to the records in the Clerk's Office nor for the accuracy of the records examined in the Clerk's Office. Neither do I assume any responsibility for the accuracy of the descriptions contained in the deeds, and this examination is subject to any errors in description that may be disclosed by a survey of a competent surveyor. Very truly yours, McKEE and BUTLER ,4,RZ BYNJAMIN M . BUTLER BMB: dj CZ; J 16,402-SR HHW/nc 12/16/75 $30,035.66 ;TOTE i'1 Winchester, Virginia Decen:l)F r 1, 1975 FOR VALUE RECEIVED, wc, jointly and severally, promise to pay to Fort Collier Farms, Inc. and Helen Stine Ives, or order, negotiable and payable without offset at Winchester, Virginia * * THIRTY THOUSAIID THIRTY-FIVE DOLLARS AND SIXTY-SIX CENTS * due and payable on December 1, 1976, plus interest at the rate of eight percent (8%.) per annum, payable serf -annually. Upon default in the payment of any installment, when the same may become due and payable, the entire unpaid balance of this obligation shall immediately become due and payable. All mal;crs, endorsers and guarantors of this obligation hereby: 1. Waive presentment, demand, protest and notice --of--dishonor-and hereby_ agree. to_ remain bound for the payment thereof, notwitlistandinc*, any extcnsicn or extensions of -time--of ' payment of it, or any part of it, made by a7reement with any one or more parties hereto; 2. Waive the benefit of all homest�2-.c: excmptions as to this debt; 3. Agree to pay all expenses incurred in collecting the sage, including at torney's fees in case the same shill be delivered to any attorney for collection; and 4. Reserve the right of anticipation upon thirty (30) days' written notice. This obligation.is secured by a Vendor's Lien on the Deed to the principal obligors bearing even date herewith on the following described property: All of that certain tract of land containing 33.643 acres, situate in Stone- wall Xagis serial District, irr 'iericl: Count- , Virginia, more particularly described on the plat and survey of Greenway Engineering and Surveying; Company, dated October 17, 1975, being the same property acquired by the signers hereof by deed of Fort Collier Farms, Inc., et al, of record in the Frederick County Circuit Clerk's Office in the current Deed Book. r- , �1`_ James D. Siiocxey (SEAL) P,a ail D. Shocks n ( SEAL) Shockey, Jr, PARTNERS, t /a SHOCKEY REALTY COMPANY -2- 16,402-SR HHW/nc 12/18/75 L $30,035.66 140TE #2 Winchester, Virginia December 1, 1975 FOP VALUE RECEIVED, we, jointly and severally, promise I to pay to Fort Collier Farms, Inc. and Helen Stine Ives, or order, negotiable and payable without offset at Winchester, Virginia il * THIRTY THOUSAND THIRTY-FIVE DOLLARS AND SIXTY-SIX CENTS a A due and payable on December 1, 1977, plus interest at the rate of eight percent (8%) per annum, payable semi-annually. Upon default in the payment of any installment, when t1w same may become due and payable, the entire unpaid balance of this obligation shall immediately become due and payable. All makers, endorsers and guarantors of this obligatio hereby: 1. Waive presentment, demand, protest and notice of dishonor and hereby agree to remain bound for the payment thereof, notwithstanding any extension or extensions of time of payment of it, or any part of it, made by agreement with any one or more parties hereto; 2. Waive the benefit of all homestead exemptions as to this debt; 3. Agree to pay all expenses incurred in collecting the same, including attorney's fees in case the same shall be delivered to any attorney for collection; and 4. Reserve the right of anticipation upon thirty (30) days' written notice. This obligation is secured by a Vendor's Lien on the Deed to the principal obligors bearing even date herewith on the following; described property: All of that certain tract of land containing 33.843 acres, situate in Stone- wall t;agis terial District, Frederick County, Virginia, more particularly described on the plat and survey of Greenway En�inceringT and Surveying Company, dated October 17, 1975, being the same property acquired by the signers hereof by deed of Fort Collier Farms, Inc., et al, of record in the Frederick County Circuit Clerk's Office in the current Deed Book. All JaM, t 1ockey R&I poD. Shockify (SEAL) James I5: 9yioc .-ey, r. PARTNERS, t /a SHOCKEY FTALTY COITANY -2- 1 - 1 � ------ --- 11 16,402-SR HHW/nc 12/12/75 0 THIS DEED and VENDOR'S LIEN made and dated this 1st day of December, 1975, by and between FORT COLLIER FARMS, INC. and MARY HELEN STINE IVES, Widow, parties of the first part, and JAMES D. SHOCKEY, RALPH D. SHOCKEY and JAMES D. SHOCKEY, JR. , Partners, t/a SHOCKEY REALTY COMP1,14Y, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt of all of which is hereby acknowledged, the parties of the first part do hereby grant and convey with general warranty of title unto the parties of the second part, as specific partnership property, pursuant to Title 50, Code of Virginia 1950, as amended, in fee simple, the following described property and appurtenances thereunto belonging: All of that certain tract of land containing 33.843 acres, situate in Stone- wall Magisterial District, Frederick County, Virginia, more particularly described on the plat and survey of Greenway Engineering and Surveying Company dated October 17, 1975, attached hereto and by reference made a part hereof, being the same property acquired by the grantors by the following instruments: Deed dated January 21, 1965 from I. Fred Stine, et al, recorded in Deed Book 307 at Page 275; and under the Will of Isaac Stine, dated the 20th day of October, 1904, recorded in Will Book 43 at Page 139; and upon the death intestate of Hunter M. Stine, on the 17th day of March, 1941, survived by his widow, who has since died and by the following three children: I. Fred Stine, Herman B. Stine and Mary Helen Stine Ives, I. Fred Stine and Herman B. Stine having heretofore conveyed their interests in said property to Fort Collier Farms, Inc. by the aforesaid deed of January 21, 1965. From that property, the following property has been conveyed: 5 acres by deed dated February 8, 1974 to Philip L. Williams, recorded in Deed Book 425 at Page 235; 5 acres by deed dated Febru- ary 8, 1974 to Southern Scrap Company, re- corded in Deed Book 425 at Page 226; 1.5 acres by deed of Fort Collier Farms and Mary 11elen Ives, Widow, to S. P. Newlin, recorded in Deed Book 395 at Page 706. 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 and the grantee shall succeed to all of the rights of grantors in those certain other conveyances to S. P. Newlin, a deed dated February 8, 1972, recorded in Deed Book 395 at Page 706, to Southern Scrap Company by deed recorded in Deed Book 425 at Page 226 and to Philip L. Williams by deed recorded in Deed Book 425 at Page 235. The parties of the first part retain a vendor's lien upon the property to secure two bonds of the Grantees in the total principal sum of Sixty Thousand Seventy -One Dollars and Thirty Three Cents ($60,071.33), payable in two (2) equal installments of Thirty Thousand Thirty -Five Dollars and Sixty -Six Cents ($30,035.66) each, evidenced by two notes in those amounts, with interest thereon at the rate of eight percent (80) per annum, payable semi-annually. Although nothing herein shall be construed to grant to the parties of the second part any right to anticipate the repayment of the obligation secured hereunder the parties of the second part may have the land released by: (1) depositing to their savings account the entire principal amount due plus all interest -to accrue in a bank or other institution approved by first parties (but it is distinctly to be under,,tood that all interest earned on any such deposit shall belong to the parties of the second part and not to the first parties; (2) pledging such funds as collateral security for -2- 0 the payment of the then remaining obligation secured hereunder in lieu of the land so released in such manner that,said funds are no longer subject to claims of creditors of the parties of the second part which are superior to the said collateral pledge; and (3) executing and delivering to the said bank irrevocable instructions that the funds could be disbursed only upon the parties of the second parts' written direction and then only to the holder of the obligation secured hereunder as and when the payments thereon fall due. Except as noted above, the grantors covenant that they have a right to convey said property to the grantees; that they have done no other act to encumber said property; that they will execute such further assurances of title to said property as may be requisite; that they are seized in fee simple of the property conveyed; and that the grantees shall have quiet possession of said property free from all encumbrances. WITNESS the following signatures and seals: FORT COLLIER FARMS, INC. ( SEAL) By , Vice President ATTEST: ( SEAL) —At�S�Jcretar --2 /,.'I, / :�_.� }IL.L« ) «< (SEAL) Mary Helen Stine Ives i Isle u IA, i OF To -wit: a Notary_ Public in I, and for the State ;'d aforesaid, do hereby certify / whose name is signed to the fore- thatt� on behalf of going dee dated the 1st day of December, 1975, Fort Collier Farms, Inc. as its Vice President, with the seal of affixed and attested by its Secretary, has � said corporation duly acknowledged the same to be the act and deed of said corporation State and '�' aforesaid. before me in my p hand this �O day of December, 1975• Given under my �� /9 �7 . Icy Commission expires 7 2e Notary Pub l is STATE OFOF , To -wit: -' - a Notary Public in the State and C i / = <<, _ aforesaid, hereby certify that and for r Mary Helen Stine Ives, whose name is signed to the foregoing deed dated the lst day of December, 19755 has this day personally appeared before me and acknowledged the same. Given under my hand and notarial seal this i day of I , 1975. My Commission expires (S E A L) -4- Rotary Public L.. O O O p. Shake}, Jorn . 304 /o57g pB• 340 Shock y P 568 i // Og 39S P G' r r r / I J � r Q 14 Igi al a i / soulhein5crop Co. II / DB, 425 P. 226 I ----------- 001 / Phi/lip L . Wi//ions � OB.425 P.235 Now or Formerly -A Lenoir Cily Corp. Ruil Hill Orchards; Inc. ro ti rbo . Th.e accoinparYlny plot represents a survey of a I -)ortion of the land of which 2/3 interest was conveyed to Fort Coll ier Farms, by deed dated 21 January 1965 and recorded in Deed Cook 307 at Page 275 (designated as Parcel 8) and the remaining 1/3 interest being devised to -Mary Helen Stine Ives by will of Isaac Stine dated 20 October 1904 and recorded in Will Book 43 at Page 139 and by inheritance from Hunter M. Stine. The said land lies approximately Z mile 'forth of 'rrinci�ester and a short distance West of U. S. Route II in Stonewall District, Frederick County, Virginia, and is bounded as follows: Beginning at (1) an iron pin (found l a corner to the '-;hockey land in the West line of the Penn Central Railroad and the Southeast corn,!v of a 30' I�/W; thence with the '��1esL boundary Iine of said Penn Central :\ailroad and the Last line of said 30' IZ/W N45°45' 30''F - 31 . 3$ ft. to (2) an iron pin (found) at the Southeast corner of the Newlin land; thence with the Newlin land for the following four courses: N6I°01'56"W - 253.13 ft. to P.C. of a curve to the right; thence with the Arc of said (3) the- Chord=N13°42'SS"W - 36.76 ft.) curve ft. (riadius=25.00 ft. ary line to (4) the P.T.; thence with the East bound 60' street N33"35'56"E - 195.92 ft. to (5) an iron pi proposed n (found); ( thence S56°24'00"E - 33$•48 ft. to (6) an iron pin (found) in the West boundary line of the Penn Central Railroad, N48045'33"E - 1153.54 ft. to (7) an iron Pin (found) at the :;outheast corner of the Southern Scrap Company land; thence with the South line of said Southern Scrap Company land N66039'43"W - 6SI.66 ft. to (S) an iron pin (found) in the East boundary line of a proposed 60' street; thence with the Fast boundary line of said street for the followi two courses: N30°0following 2'12"C - 216.74 ft. to (9) an iron pin at the P.C. of a curve to the left; thence with the arc 157.90 ft. - Chord=N30°02'12"E - 126.49 ft.) to (10 an (I:awius=70.00 ft. iron pin (found) at the Northwest corner of the 'eilliams land' $ ft. thence with the Vlest line of the Williams land N30 02 12"L - I95•5 to (11) an iron pin (found) in the South line of. the Fruit Hill Orchards, Inc., land; thence with the South 1tt2 infofssaid)an iron Hill Orchards, Inc., land N70°03'03"',�' - 735• pin (found) at the Northeast corner of the°Shocke,� laid; theen e ,.. i th the East line of the Shocker land S 1 S 27 03'" 692.48 ft. to (1 3) an iron pin (found) in the 'north boundary I i r,� of the hockr'y land; thence w i th the North 1 i ne of the Shockey land fur tiro fo 1 1 uw i rr9 two courses: So0°12'33"E - 204.22 ft. to (14) an iron pin (found); thence S6100I'56"F - 409.71 ft. to the beginning. Containing • • • • • 33•843 acres urvoye-4 . . . . 17 October 1975 MCKr_E AND 1317TLER ATTORNEYS AT LAN WINCHESTER,VIRGINIA 22601 11 SOUTH CAMERON STREET PETER X-MCREE (1934-1967) BENJAMIN M.BOTLER STEPHEN G. BUTLER Mr. James D . Shockey, , Jr. Shockey Realty Company P . O. Box 767 Winchester, Virginia 22601 April 4, 1975 Re: My File No. 0157H Fort Collier Farms, Inc. Dear Don: AREA CODE 703 TEI.EPHONH 662 -3486 Pursuant to your recent request for investigation into the status of the land containing approximately 31.5 Acres owned by Fort Collier Farms, Inc. and Mary Helen Ives, widow, the following is what I have ascertained: On August 29, 1972, Fort Collier Farms, Inc. and Mary Helen Ives conveyed to S . P . Newlin a 1.50 Acre tract. (I enclose herewith a copy of that deed) . As you can see from the conveyance, S . P . Newlin agreed to pay his prorata share for public water and sewer and for road maintenance and repair costs on the "30 ft . right of way" . He also agreed that in the event any public road would be constructed adjacent to the property, he would dedicate up to 20 ft . to the County of Frederick. With the Newlin tract, this could present a problem on the 30 ft. right of way because it would only yield a tract of land 50 ft . wide along the Southern boundary of the Newlin tract and the State requires a 60 ft . right of way. The Newlin deed also included the restrictive covenants, of which, the most pertinent is the applicable restrictive covenants for a limited industrial zone area under the 1972 Zoning Ordinance. (Since the Newlin conveyance, Frederick County has adopted a new Zoning Ordinance, specifically on November 1, 1974, and presumably, this new Zoning Ordinance provision would not apply to the Newlin tract insofar as the restrictive covenant is concerned) . James D . Shockey, , Jr. April 4, 1975 Page 2 On February 8, 1974, Fort Collier Farms, Inc. and Mary Helen Ives conveyed a tract of land containing 5 Acres to Philip L. Williams (known as Parcel B) , and a tract of land containing 5 Acres to Southern Scrap Company (which tract was designated Parcel A) . I am enclosing herewith a copy of the Southern Scrap Company deed which is the same as the William deed except t for property descriptions. , In the Southern Scrap deed and the Williams deed, Fort Collier Farms, Inc. and Mrs. Ives granted an ingress over a right of way 30 ft. in _width, as shown on the Newlin plat, with the 2rovision that this right of way 1 could be relocated at no inconvenience toWilliams_.or-.,S.outh - - - a i ion, illiams and Southern Scrap agreed orate sh qf, lie_Y r wafer andewer _ - anC e prorata share of any road building - connection or imp roveme t a sesament (whatever that language might mean) , and further agreed to dedicate up to 20 ft. of their land for public road. This deed also included substantially the same restrictive covenants; however, it should be noted that the Williams and Southern Scrap deeds included the M-2 restrictions under the present Frederick County Zoning Law. (A copy is enclosed herewith) . In essence, Fort Collier Farms, Inc. has conveyed out the 1.50 Acre tract to S . P . Newlin by means of a variance from the Frederick County Subdivision Ordinance. There is nothing on record to show a variance was granted; however, a building permit was granted to Newlin and a variance had to have been granted prior to the issuance of the building permit. With respect to Southern Scrap and Williams, since the division of land was in lots as large as 5.0 Acres (the existing Subdivision Ordinance at the time of the conveyance required lots less than 5 Acres to be approved by Frederick County) , it was not necessary to obtain approval from the Frederick County Board of-S_uper_risors . The "30 ft. and 60 ft. strips" are owned in fee simple by Fort Collier Farms, Inc., subject to a right of way over the same by Williams, Southern Scrap Company, and S . P . Newlin. This means that Fort Collier Farms, Inc. would be liable for all taxes and a substantial amount for the maintenance of the rights of way. aie off` Virginia is not anxious to take in additional roadways a would presume that they might resist an offer of dedication on the 60 ft. strip since it serves industrial rather than residential land. I believe that cur- rent highway regulations require an 80 ft. right of way for Industrial Access Roads. James D . Shockey, , Jr. April 4, 1975 Page 3 If you have any further questions on this matter, please do not hesitate to call and I will be more than happy to sit down with you and/or your father and explain any additional questions which you might have with respect to this tract of land. Very truly yours, McKEE and BUTLER C B JAMIN M . BUTLER BMB: dj Enclosures .r i r -u a -X F•r. A n i a I {-•.i. � rj.� /. - .. ,. .. e .. ',{.'ir'k,. is n -Y+ �?. �n- � 'i: ?c •X d; iF'k 16,492 W-1 . i.J r, i f_• v i THIS DEED made and Hri'v:/ca dated t':is '8th day of February, ' -2/S/74 1974, by and !etween FORT CObLIER FAR:�S, INC., a Virginia cor- J' poration, and ;"ARY riELEN IVES, widow, parties of the first part, f\ and SOUTHERN SCRAP COMPANY-, a Virginia corporation, party of I I the second part. I WITINESSETH: That for and in consideration of the sum I of Ten Dollars ($10.00) and other and good valuable -considera- tion, the receipt of all of which is herebyi acknowledged, the parties of the first part do hereby grant, bargain, sell and. convey with general warranty of title, unto the party of the • I ` second part, its successors and assigns, the following described property and appurtenances thereunto belonging: i .hat certain lot of land designated as I Parcel A situate approximate'_y is miles north Of r;inchester and a short distance west of U.S. Route 11 in Stonewall District, �:,ederick County, Virgin,:: , containing 5.000 acres and more particularly shown and described on the attached plat and survey of H. Bruce Edens, C.L.S., dated October 2, 1973, by this reference expressly incorporated herein.. This the same property of which 2/3 interest was conveyed' to Ft. Collier Farms, _ Inc. by deed dated January 21, I 1965, recorded in Deed Book' 307, � pay,e 275 _ ; t;ie Office o- tile Clerk of the Circuit Court of Frederic: County, Virginia (designated as Parcel 8) and the remaining 1/3 interest being devised to :!ary Helen Si-ine Ives by will of Isaac Stine - dated October 20, 19049 and recorded in Will - 300;� 439 page 139 and by inheritance from Hunter :;. Stine. Also eonveyed_hex`ew__ / 1 ith with the warranties set forth. herein is a right of way at least 30 feet in width or ingress anti egress to the property conveyed -herein to and from U. S. Route 11, this right of way being shown as a part of the proposed street on said plat to the property of S. P. Newlin, and thence along the existing roadway to :.S. Route 11, but grantors reserve) the right to relocate t' F + the right o� way to conform to their Future building and development plans; provided, however, that any such elocation'of the right of way will be at grantors' expense, i .. I r" a . ` i vi'�• �. Gov ira '_2 27, ' 1 and will not unreason-bly increase the distance grantees will - 1 • � i have to travel across Lrar.tor;;' remaining property. i Reference is here race to the aforesaid instrument � �! and the attachements and the „e_. s _ ! re.c.�..c�„ therein contained .or a ► further and ,more particular ec:scri; tion of the property hereby conveyed. Utilities a,- :0ac-" I ��nte::a..ce�a..d extension: Grantee !_ ' and its successors will - Ine prov_ necessary water and sewer i system required by the applicable : recerick County ordinances . and when public water and sewer becomnes available, will connect i ~ to such public system and discontinue the use of its private i j water and sewer system. I - I Grantee and its successors also agree to (1) pay`its ! pro -rats share of any public water and sewer improvement and connection assessments and its pro -rasa stare o. road r.,aintenancei and repair costs from U.S. Route 11 to this properly;-(". .jc.., l _ .in any request of adjacent owners for the inci :sion of t:�z = existing roadway and the roadway adjacent to its property in tee. ,! i. j :public road system; :(;) • pzy its pro -rasa share of .any road � r � 5► building, connection. and i : rcveT,ent assessments; and (►i") dedi- I .1 5 . came su.:icient of its land not to exceed a twenty (20)- foot I strip for any dedicated public -road adjacent -thereto. � 1 I:his conveyance is made subject to all duly.recorded and enforceable restrictions, easements and rights of way a::d ' _ . the followinU restrictive covenants • . 1. All buildings, storage areas and improvements 1 shall be set back at least forty (40) feet from. all prope=^ty lines, except that this restriction shall not prohibit the ` building and: maintenance of any imDrover:,ent immediately adjacent j r"-1 I to the railroad siding on this property.- 1. _ 2. ;his property may not be sold in part or sub- ,j - I divided in a^Y r� an::e but r:•u,t be :;Old as All of the provisions F -h Count °` ex- ,tl l i Y zoning ordi. g rre er,' ' !! Hance are expressll adop� i I restrictive co sec as t^e a , covenants PP-icab r to this le propert 1. Industrial, �i. y as con -wined in the Distr:ct ' pages 50-529 both inclu^ 2 PrOV`sions, Article xiii, on :( 1 .,2ve except that k,;. t .,any public official ,Crever approval of or ad - - ministrator r is requested or any commission o Public body is r shall be equired, such requested Permission, : requested of the grantors. EXCe Pt as notedi.., above the they have a right to g-antors covenant that convey said pro I. they have done no other property to the grantee i he. act to encumber that f_will execute such saidproper j t fur�her ty; t1lat the assurances Y �I requisite• ances of said property as ma j F that they are seized Y be in fee ; conveyed • s-mPle o; and the prooerty Property that she grantee shall have ouiet Possession �' � I ?.. p. Y free from all encumbranc ^ on °1 �---- encumbrance.. • �r r WITNESS the SL following signatures d r • . �_ 1 n seals FORT CO,LT ,._�-ZR BY fN ary ne en lve, `"t�_�� (SEAL) f T S_A.T£ � OF VIRGZA'Tk f Or .10 it in and for the State and .�' ✓ a Notary Publ aforeic said � hereby 1 � -3- 1 0 dlVided in a--v rr,an:-.er but ;%ust be .:old as a whole. ` (� 3. All of the provisions of the existing Frederick r, County zoning ordinance are expre�-^ly adopter as the applical- i restrictive covenants to this property as contained in the _ 1'Industrial, Limited, District M-2 provisions, Article XIII, on. I r1 pages 50-52, both inclusive, except that wherever approval of ,any public official or administrator is requested or any commission or public body is required, such requested permission • shall be requested of the grantors. � Except as noted above, the grantors covenant that they'have a right to convey said property to the grantee; that + uI � they have done no other act to encumber said property; that they r r _will,_execute such further assurances of said property as may be �,.requisite; that they are seized in fee simple of the property conveyed; and that the grantee shall have quiet possession of J77 1 said property free from all encumbrances. WITNESS the following signatures and sealer. - • FORT COLLTIR FARMS, INC 'y `',-• j •"� is By , .0 :Xr ? f ,' t.• �� %'� - '- �_C.aJ (SEAL) ' • y,ary Helen Ives = S'_A"'F OF VIRGINIA � I _ � S A OF loe G /e To- • -t : , a :Votary Public `in and for the State and _! �. aforesaid, hereby -3- RETA/NED PORT/ON t \1 INC. PRGPOS� D 60�5'R" T F/' jIT t1/LL O 1310 _ 216.74� /95.5b' DO .A = 06 02 ' A = 71 ,99' • R = 70.00 * R- 70.00 RETAINED - POR7/0N uS7Rl,4� } O o VE LOPE/EN7 J E rY F ^ R1 AvrH01rY OF THE " - p322 •r Og 4/3 I O 200 . � ` -�.,� 00 • ... r • - '�Fyys s,r _ A J ' a F,N t> ,.t` i,is i'u ..V J. . J.. :•.` ^r .. i. :. .. 1.^Yt• ..: 1vLs - :-y ..t•c .J�.• �. .. ... ). .i .. . :•C<:v. .:f•.: .n ''ce, Unc vn •Y �JJ \... .,1 t l'.. (... .„ i. l:. l\:... ..0 .•i: .l IIJ IliLti�St t c•1(if� .St'VI .t .: L.. 1•y : t•:t•:, t {t,r :vf: ,,: v y `ll l` 1 , . Ji ::. C. 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