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HomeMy WebLinkAbout026-84 John Solenberger - Stonewall - Backfileoa(0-34-1 COUNTY of FREDERICK Departments of Planning and Building (dUS - 703/b35-5650 February 19, 1987 Mr. John Solenberger P.O. Box 765 Winchester, Virginia 22601 Re: Revised Site Plan #026-84 of John Solenberger Dear Mr. Solenberger: This letter is to confirm the action taken by the Frederick County Planning Commission on February 18, 1987. Approval of Revised Site Plan #026-84 of John Solenberger for an 8,000 square foot retail rental structure with required parking and site improvements. This property is located on Route 7, east of Winchester, Stonewall District, adjacent to the existing Solenberger property. Before any construction, a building permit must be obtained. If you have any questions regarding this matter, please do not hesitate to call this office. Sincerely, xy�v - Robert W. Watkins Planning Director RWW/rsa 0 Cniirt CminrP - P 0. Rox 6ni - Winchester, Virginia - 22601 0 • DZ(O-g+-a COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703 /662-45 32 December 7, 1984 Mr. Cecil S. King, Architect Golden Rule General Store P.O. Box 2243 Winchester, Virginia 22601 Dear Mr. King: This letter is to confirm the action taken by the Frederick County Planning Commission at their meeting of December 5, 1984. Approval of Site Plan #026-84 of John Solenberger for a 12,000 square foot industrial building for Apple Tractor and general rental operations with required parking to be located on Route 7, adjacent to the existing Solenberger building in the Stonewall Magisterial District. If you have any questions concerning this site plan, please don't hesitate to call me. Si rely, . Jr n P. Horne Di ector JTPH/rsa Enclosure 9 Court Snuare - P.O. Box 601 - Winchester, Virginia - 22601 0 0 REVISED SITE PLAN #026-84 John Solenberger Zoned B-2 (Business General) LOCATION: Route 7, east of Winchester, adjacent to the existing Solenberger property. MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Commercial land use and commercial zoning. PROPOSED USE AND IMPROVEMENTS: 8,000 square foot retail, rental structure with required parking and site improvements. REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - The proposed entrance is on a street not in the Secondary System. The proposed entrance would not be within our minimum commercial entrance standards if it was a state -maintained street. Sanitation Authority - Water and sewer facilities are available to proposed development site. Plan should show fire protection. Greenwood Fire Company - No objection. All fire codes need to be met. Inspections Department - Proposed structure to be built in conformance with the current edition of the Virginia Uniform Statewide Building Code. Planning and Zoning - No objections. All applicable site plan and zoning requirements have been met. STAFF RECOMMENDATIONS: Approval. A': eR IBM 'o 0 LOCATION MAP O 7-E INTER E 81 Le < 4.* % t SCALE 2000' :5a-E:o (9 ek'6 ep - AMItl SITE �f SOLENBERGER STONEWALL DISTRICT, Ff SCALE: PREPARED ey Greenway Engineering And •Su Winchester, Vir in; REVISED C�. REVISED NCIV. REVISED NqV RE YIS45,0 0 C 7. A.. ma MEA CERTIFICATE �10- 54-17-3 (0945 , C 5 54-17-3 (b)162 LAND m SITE PLAN # 026-84 John Solenberger Zoned B-2 (Commercial General) LOCATION: Route 7, adjacent to existing Solenberger building MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Commercial land use and commercial zoning PROPOSED USE AND IMPROVEMENTS: 12,000 square foot industrial building for Apple Tractor and general rental operation, with required parking. REVIEW EVALUATIONS: Highway Department - As there is an existing commercial entrance, we have no additional requirements. Sanitation Department - Water and sewer service is available to the site. Greenwood Fire Company -We feel this structure should have some type of sprinkler system since we have no idea of what will be stored in the west 1/3 of the structure. Also, there should be a hydrant at the east side along the roadway. Inspections Department - Proposed structure to be in conformance with the current edition of the Virginia Uniform Statewide Building Code. Planning and Zoning - Satisfactory; plan has been amended to note that a fire hydrant will be placed on -site, unless rental area is sprinkled at time of occupation. STAFF RECOMMENDATIONS: Approval. 0 Oa-AI+-�p APPLICATION AND CHECKLIST FOR SITE PLAN IN THE COUNTY OF FREDERICK, VIRGINIA DATE: 24 APPLICATION NUMBER: APPLICANT/AGENT: 57. 4::'1/VG ,44A ADDRESS: V ®. BOX V,4 Z 21. © / PHONE: 70:3- C/?-Xr The following checklist serves solely to aid the staff, Planning Commission, and Board of Supervisors in reviewing your application. Please complete this checklist and submit it with your proposal. BACKGROUND INFORMATION 1. Location of property: 2. Property tax map and identification numb er:1Fg0001,45bfo 00-91 3. Property zoning ' and present use: ,g- 4. Adjoining property zoning and present use: 5. Proposed uses: 4/V/gLI- le0"1A/C, 6. Magisterial District: SMAIDWY"L-' 7. Notes: L it � �11 'L•_ � 'i �, t?L�� �•r`.. �.,; � ,. ri - '.�' A•'4 'Kt. - Rip }.t st a• ,'� �'y / ` yl... �., � .Y ' '�..�'4� ►*•t ^ , ,'��c�d L" �"�J `• � /y�jb,� a • � : > •�� 'a ;:i �. ,,, d��.flf.�=. � � ys, `y...�. rwr � 1 Ji �f`�►T�` . '•s• � �["�,�, � 4, ��.w: +ice ..K ,•,`ter e k.0 �: R"• •/7 f• -.. Y. fi f'{i'� 9 + \y "7l�yn.. r,(j �. %-�' 'pyCk7 if.,', N' i,. OW 31. I� :•p as �' ./ �•. �,� 4 ' - _ �: ,t,.�6" 4111 fq i di .i�`\i � ..t; •fit``` ��t"�- •{ Aa . `r} �` ,W ,y��a � �*�'� � '(�Y t` � .1 .t . 7I�, tom• _ � _ o - -Ilk • 16 /466666 �)l Ite, ••'s•• i ••• .III H -1 ' ' 92 ;�••1• • 9`� •••0 • lose 0 •�� ' �` �� 96 ;' j •••• 11NSE 11 zsb ss ; • 99F • f� I1 97A /Y1-, ; �. 97B 0 j • Rp W 0• 1 r0 0 97 9515.1 • • • '•• • • 2 ;'RP : 99F • 236T • • 99 • / i • �L ; i 0y • 55 •• • q 99106 o f INSERT 54G ' ' �• • 9yA 1 • - F� t 7 0 • •' • '' P I 36 �±E , • / • 10 \ _ Goo a; an4L a 3 112•• S-rON 1 20, c J SHA 54 �. • Ib�E E� _ 67 114 1 br n � QIVE '14 - 116 A _ � (t 3 INSERT 7 i 54C— "_,.1r 119 i 2 I 120 5 8 See 123 4J NSERT 54C 11 INSF—RT54H III 1�I1 COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703 /662-45 32 LAND DISTURBING PERMIT For land disturbing activity at -xc� who has met all requirements of the Frederick County Erosion and Sedimentation Control Ordinance as certified by the Frederick County Department of Planning and Development. Approving Signat Da NOTICE OF RIGHT TO INSPECT An agent of the Frederick County Department of Planning and Development shall be permitted entry to the site of the land - disturbing activity to inspect the control measures shown in the approved plan. j l� G- ` Signature of Applicant Date: /— 7,-k NOTE: Issuance of this permit does not constitute approval of the site plan. This permit is for land disturbance only. 9 Court Square P.O. Box 601 Winchester, Virginia �Mslff 0 AGREEMENT oa(0-sq-1) THIS AGREEMENT, made this day of by and between party (parties) of the first part; and the COUNTY OF FREDERICK, VIRGINIA, party of the second part; 1 - 1 WHEREAS, in consideration of the approval by the party of the second pa thissV-irginia and disturbance plan and permit known as I,& l � �—� � and the party of the second part requiring the following work to be completed during the land disturbance construction & before final occupancy, the party (parties) of the first part, his or its heirs and assigns agree to do the following work. 1. Provide for the adequate control of erosion and sedimentation by temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction, all conformity with the Virginia Erosion and Sediment Control Law, Title 21, Chapter 1, Article 6.1 of the Code of Virginia and local code laws. 2. T2- r o provide Erosion and Sediment Control as per site plan # In testimony whereof, the party of the first part has hereunto caused its corporate names and seals to be hereunto affixed, for and in its behalf, by JLhn 5. 561enberaer ?mpaeua . SnG duly attested by J-6hl7 5. -So ber per- , and caused this agreement to be acknowledged and delivered for and in its behalf. x/ 6)4 - " ;PORTA I TION �� ( SEAL) BY "&L" Attest: STATE OF VIRGINIA COUNTY OF FREDERICK I, ww-e aidtil the St to and �ffunz aforesaid, do , a Notary Public in and for ereby certify that whose names are signed to the foregoing agreement, this day personally appeared before me in my State and County aforesaid and acknowledged the same. Given under my hand this day of 1997. f, Jd4 NOTARY PUB IC My Commission Expires oa(o--64-I� Agrp.ement Page 2 In testimony whereof, the party of the second part has hereunto caused its body corporate na es and seal to be hereunto affixed, for and in its behalf, by W I , its Planning Director, duly attested by , its Deputy Planning Director and caused his agreement ta be acknowledged and delivered for and in its behalf by its said Director and Deputy Director. WITNESS THE FOLLOWING SIGNATURE AND SEAL: COUNTY OF FREDERICK, VIRGINIA BY P ANNING DIRECTOR Frederick County Department of Planning and Development (SEAL) STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State)and Glounty aforesaid, do hereby certify that this day p sonal y p red before me in my said County, Planning Director of the Frederick unty De artaient of -Planning and Development and. Deputy Director of the.Frederick County De artment of lanning and Development, whose names are signed to the foregoing and er� nto annexed agreement dated and each then and there personally and everal acknowledged the said agreement for and on behalf of the aid Co my of Frederick, Virginia, and acknowledged that the seal thereto affixed is the true and genuine seal of the County of Frederick, Virginia. Given under my hand this day o 1907 / - My commission expires — day of _, , 191 I-. zzoo � 0 AGREEMENT re oa �0 814 113 THIS AGREEMENT, made this 02 i by and between party (parties) of the first part; and the COUNTY OF FREDERICK, VIRGINIA, party of the second part; 19-Ls , WHEREAS, in consideration of the approval by the party of the second part of this temporary occupancy permit known as AWLS 77CAe%-Q!- �j/T and the party of the second part requiring the following work to be completed during the construction and before final occupancy, the party (parties) of the first part, his or its heirs and assigns agree to do the following work. 1. To complete all requirements as per site plan # — within 30 days after issuance of this agreement. This agreement between the parties of the first part and the parties of the second part may be renewed for an additional 30 days upon approval of the parties of the second part. In testimony whereof, the party its corporate names and dal to ✓behalf, by 01AAffX-444 P, ✓duly attested this agreement behalf. (SEAL) Attest: of the first part has hereunto caused be hereunto affixed, for and in its b}Q , and caused to be acknowledged and delivered for and in itse�'j J=2,4Ad, (d, RPOATIO IN BY STATE OF VIRGINIA COUNTY OF FREDERICK VX I, I 0"6tb—, , a Notary Public in and for the, S ate and/County aforesaid, do herby ^rtify thay whose names are signed to the foregoing agreement, this day personally appeared before me in my State and County aforesaid and acknowledged the same. Given under my hand this Z,,,,Lday o My Commission Expires f 19�� 1 NbJARY P'BLIC 0 is Agreement Page 2 In testimony whereof, the party of the second part has caused its body corporate names and sl be hereunto and in its behalf, by .I , ©/Z� its Planning Director, duly attested by IgNE its Deputy Planning Director and caused this agreement acknowledged and delivered for and in its behalf by its and Deputy Director. WITNESS THE FOLLOWING SIGNATURE AND SEAL: (SEAL) Attest: STATE OF VIRGINIA COUNTY OF FREDERICK hereunto affixed, for to be said Director COUNTY OF FREDERICK, VIRGINIA -P BY dk(-� PI/AN ING DIRECTOR F e erick County Department of P a ning and Development I, �' )- (',�, a Notary Public in and for the Sta e and Co my aforesaid, do hereby certify that t is da personally appeared before me in my said County, Planning Director of e Frederic County Department of Planning and Development and of the Fred ick County Department of Planning and Development, whose names are signed to the foregoing and hereunto annexed agreement dated , and each then and there persona ly and severally acknowledged the said agreement for and on behalf of the said County of Frederick, Virginia, and acknowledged that the seal thereto affixed is the true and genuine seal of the County of Frederick, Virginia. Given under my hand this day of , 190 67 My commission expires s day of , 19�. NO ARY PU .LIC sae-�4 -149 COUN Y of FREDERICK Departments of Planning and Building 703/b5J3-5650 M E M O R A N D U M VA Dept. of Highways & Transportation ATTN: Mr. Bill Bushman Planning and Zoning ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company ATTN: Mr. Walt Cunningham Inspections Department ATTN: Ms. Donna Ritter Sanitation Authority ATTN: Mr. Wellington Jones ATTN: FROM: Robert W. Watkins, Director DATE: February 2, 1987 SUBJECT: Review Comments On: Conditional Use Permit X Site Plan Preliminary Master Plan Subdivision Rezoning We are reviewing the enclosed request by John Solenberger , or their representative, John Solenberger, 662-7553 S. Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: �av�a a -_L- _------------------------- ��1e a _ ----- Font �r Signature Qi2z��� s `� ��5� Date YGr�' 19� ---------------------------- ------------- ------------- 0 ('n„rt Cniiare - P.O. Box 601 - Winchester, Virginia - 22601 • F9 r bLJNTY of FREDERICK De*rtr Fli M E M O RU c L bZ�22' VA Dept. of Highways & Transportation , ATTN: Mr. Bil us of Planning and Building 703/b53=5650 Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Ms. Donna Ritter Sanitation Authority ATTN: Mr. Wellington Jones ATTN: FROM: Robert W. Watkins, Director DATE: February 2, 1987 SUBJECT: Review Comments On: _-__ Conditional Use Permit X _ Site Plan Preliminary Master Plan Subdivision Rezoning We are reviewing the enclosed request by John Solenberger , or their representative, John Solenberger, 662-7553 s. Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: The proposed entrance Ito a street not in the Secondary System. The proposed ----------------------- ---------------------------------------------------- entrance would not be within our minimum commercial entrance standards if ---------------------------------------------------------------------------- it was a State maintained street. ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- Signature I - Date -'�/ - --- ---f-------------- -- -- -��------------ 4 Cnnrt 4rninre - P.O. Box 601 - Winchester, Vireinia - 22601 • oat a4-si COUNTY of FREDERICK Departments of Planning and Building (L-15 70346 -5650 }j M E M O R A N D U M :a, _ �= i VA De t. of - h�a ans ortation ATTN: Mr. Bill Bushman Planning and Zoning ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company ATTN: Mr. Walt Cunningham Inspections Department , ATTN: Ms. Donna Ritter Sanitation Authority ATTN: Mr. Wellington Jones ATTN: FROM: Robert W. Watkins, Director DATE: February 2. 1987 SUBJECT: Review Comments On: ____ Conditional Use Permit __X _ Site Plan Preliminary Master Plan Subdivision Rezoning We are reviewing the enclosed request by John Solenberger , or their representative, John Solenberger. 662-7553 s. Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Water and sewer service are available to-ProPosed_developmeht site. Plan --------------------------------------- -- -should-show fire protection. ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- Signature_ _ Date -- &_� --- - --------- --- -` ------------ 4 C oiirt Gninre P.O. Box 601 Winchester, Virginia 22601 bacC' - &L+-5D' COUNTY of FREDERICK Departments of Planning and Building � 703A6-53'5650 M E M O R A N D U M VA Dept. of Highways & Transportation , ATTN: Mr. Bill Bushman Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin Greenwood Fire Company ATTN: Mr. Walt Cunningham Inspections Department ATTN: Ms. Donna Ritter Sanitation Authority , ATTN: Mr. Wellington Jones ATTN: FROM: Robert W. Watkins, Director DATE: February 2, 1987 SUBJECT: Review Comments On: --__ Conditional Use Permit X _ Site Plan Preliminary Master Plan Subdivision Rezoning We are reviewing the enclosed request by John Solenberger , or their representative, John Solenberger. 662-7553 S. Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: ---- ------------=------------L------ ---------------------------------- -rr------------r-------r----Jj--(------- J---- ---------------------------------- ---r--------------------------••----------------- ------------------ ---------------------------------------------------------------------------- --____---------\-------------------------------------------------------------- Signature ae S i ---Dt -------- ---------- --� - �-------------------- 0 C oiirt Cnnnre - P.O. Box 601 - Winchester, Vireinia - 22601 0 80 (o - -6 4 --5 --� COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director M E M O R A N D U M Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: VA Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Greenwood Fire Company ATTN: Fire Chief Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: John T. P. Horne, Director DATE: October 26, 1984 SUBJECT: Review Comments On: Conditional Use Permit Subdivision Rezoning X Site Plan We are reviewing the enclosed request by John Solenberger or their representative, Cecil S. King (703) 869-1540 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Signature Date 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 • • c-Daco SLj - 54 COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director M E M 0 R A N D U M Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: VA Dept. of Highways & Transportation ATTN: tor. William H. Bushman Sanitation Authority ATTN: Mr. Wellington Jones Greenwood Fire Company ATTN: Fire Chief Inspections Department (/, ATTN: Mr. John td. Dennison Planning Department , ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: John T. P. Horne, Director DATE: October 26, 1984 SUBJECT: Review Comments On: Conditional Use Permit Subdivision Rezoning X Site Plan 0 We are reviewing the enclosed request by John Solenberger or their representative, Cecil S. King (703) 869-1540 Will you please review the attached and return your comments to me as soon as possible. THIS ,,S//P��ACE SHOULD BE USED FOR REVIEW COMMENTS: Signature_ fL� �_ Date �� 9 Court Smiare - P.O. Box 601 - Winchester, Vireinia - 22601 • • oa-5 9101112�� COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director �p �F Q�, �v�NZ M E M 0 RAN D U M Stephen M. Gyurisin - Deputy Director o`�e �op��E tiro 703/662-4532 PN I - TO: VA Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman Sanitation Authority ATTN: Mr. Wellington Jones Greenwood Fire Company �/ ATTN: Fire Chief Inspections Department , ATTN: Mr. John W. Dennison Planning Department , ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: John T. P. Horne, Director DATE: October 26, 1984 SUBJECT: Review Comments On: Conditional Use Permit Subdivision Rezoning X Site Plan 0 We are reviewing the enclosed request by John Solenberger or their representative, Cecil S. King (703) 869-1540 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: ���f —r�� s s4��t�u���ou ld N,av 6�2 l YPE 15PrI'A) r2 Si6 A/ee- l� 1� Iv` / It 'C 7-%1 cc' S 4 (1 �u ' c f: Signature ( Date,e,�¢ 9 Court Srniare P.O. Box 601 - Winchester, Vireinia - 22601 O • M E M O R A N D U M Uepartin TO: )t ianning ana Uevetopment >IP. Horne - Planning Director ephen M. Gyurisin - Deputy Director ©�C3/66y5� VA nept. of ltighways S Transpo'rtation ATTN: Mr. William H. Bushman Sanitation Authoritv , ATTN: Mr. Wellington Jones Greenwood Fire ComDanv , ATTN: Fire Chief Inspections Department , ATTN: Mr. John 14. Dennison Planning Department , ATTN: Mr. John T. P. Horne Zoninft Deoartment FROM: John T. P. Horne. Director ATTN: Mr. Stephen M. Gyurisin DATE: October 26, 1984 SUBJECT: Review Comments On: Conditional Use Permit Subdivision Rezoning Y Site Plan We are reviewing the enclosed request by John Solenberger or their representative, Cecil S. King (703) 869-1540 Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: [rater and sewer service is available to the site. Signature 1 Date `� /7 y 9 C'niirt ' nunre - P.O. Box 601 - Winchester. Vireinia - 22601 Cs a � oac� �q-�� �Co C y4 ? r COUNTY of FREDERICK ,zcj�j�l �, Department of Planning and Development Not" John T.P. Horne - Planning Director X M R A N D U M Stephen M. Gyurisin - Deputy Director " 703/662-4532 VA Dept. of Highways �, sm qt ion /—,ATTN: tor. William H. Bushman Sanitation Authority , ATTN: Mr. Wellington Jones Greenwood Fire Company , ATTN: Fire Chief Inspections Department , ATTN: Mr. John W. Dennison Planning Department ATTN: Mr. John T. P. Horne Zoning Department ATTN: Mr. Stephen M. Gyurisin FROM: John T. P. Horne, Director DATE: October 26, 1984 SUBJECT: Review Comments On: Conditional Use Permit Subdivision Rezoning X Site Plan 0 We are reviewing the enclosed request by John Solenberger or their representative, Cecil S. King (703) 869-1540 Will you please review the attached and return your comments to me as soon as possible. ------------------------------------------------------------------------------ THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: As there is an existing commercial entrance, we have no additional requirements. 1 Signature Date /D ',30 '8Al 9 Court Cnnare - P.O. Box 601 - Winchester, Virginia - 22601 • 0 0a(,p $y-1yg %VINCHESTER WALL a regional shopping facility Box 520 November 1, 1985 Phone: 301-848-9100 Westminster, Maryland 21157 301-876-2288 Mr. John S. Solenberger, Sr. John S. Solenberger $ Company, Inc. P. 0. Box 765 Winchester, Virginia 22601 Re: Utility Line Encroachment Winchester Mall Winchester, Virginia Dear Mr. Solenberger: This will confirm that during an inspection of our property at the subject location on February 27, 1985, we found that the area along our eastern property line, which adjoins your property, had been re -graded and that it appeared that a sewer line had been installed over a portion of our property to serve the "Apple Tractor Company" located near the rear of your property. Harvey Bair spoke with you by phone on April 3, 1985 to determine whether or not you were aware there had been an encroachment onto our property at which time you indicated you were not aware that there was any problem. We have attempted to have a local surveyor check the lot lines to confirm whether or not there is in fact an encroachment with a sewer line or other utilities, however, Mr. Ebert, who has handled our survey work in the past, has been unable to work this into his schedule. I spoke with you on August 1, 1985 and at that time you again indicated that you were not certain that the sewer line had been installed on our property, but that you were willing to cooperate with us if, in fact, there had been any encroachment. You did confirm, however, that your contractor did encroach upon our property without our authorization to re - grade your property. In doing so your contractor disturbed the grass areas between our property line and the existing Safeway store for a width of 35 ft. to 40 ft. and extending a distance of in excess of 400 ft. In addition, your contractors damaged the paving and blacktop curbing at the southeastern corner of the parking lot, south of the Safeway store. We are enclosing copy of drawing SU-1 which shows what we believe to be the location of the sewer line serving the "Apple Tractor Company" encroaching on our property as outlined in red. We have also shown the area disturbed be your contractor as shaded in yellow. You indicated during our August 1st conversation that you have attempted to get a contractor to re -grade and seed this area, but that you have had some difficulty in getting the work accomplished. 0 10 oar-��-59 Mr. John S. Solenberger, Sr. -2- November 1, 1985 At this time we are advising that no further work should be attempted until we come to an agreement as to the extent of the work necessary and who will be responsible for the cost of same. As per our conversation of this afternoon, it would be helpful if you could submit to us a plan showing the location of the water and sewer lines and any other utilities installed in connection with your recent construction of the "Apple Tractor Company". If you do not have any accurate plans, we will have to have a surveyor establish the location of these lines at your expense and at that time determine what action we feel needs to be taken to resolve the matter. Very truly yours, WINCHESTER MALL, INC. Glenn S. Bair GSB:wfd Enclosure Cc: Mr. John R. Riley gdunty Administrator )ounty of Frederick P. 0. Box 601 Winchester, Virginia 22601 Mr. Wellington H. Jones Engineer and Director Frederick County Sanitation Authority P. 0. Box 618 Winchester, Virginia 22601 CERTIFIED MAIL NO. P 704 180 918 RETURN RECEIPT REQUESTED • i oa c1-g � —W `WINCHESTER WALL Box 520 Westminster, Maryland 21157 Mr. John R. Riley County Administrator County of Frederick P. 0. Box 601 Winchester, Virginia Dear Mr. Riley: a regional shopping facility November 4, 22601 198b.- F; % one: 301-848-9100 301-876-2288 NC iS" J �± L--. :-- A r-, FREDERICK COUNTY Adrn:n.s[ruwrs Office Re: Encroachment by John S. Solenberger Winchester Mall Winchester, Virginia In accordance with our telephone conversation of this afternoon, the contractors for John Solenberger encroached on our property during the grading and excavation of their site for the "Apple Tractor Company", which is located at the rear of Mr. Solen- berger's property, north of Route 7 and east of our property. Based on our conversation, it is our understanding that you are holding a bond of $6,000 from Mr. Solenberger and that this bond will not be released until this matter is resolved. We also believe that a portion of the sewer line to serve the "Apple Tractor Company" may have been installed on our property and this matter, of course, also needs to be resolved. We are enclosing copy of our letter to Mr. Solenberger dated November 1, 1985 for your file along with a copy of the plan showing the site area disturbed as well as what we believe to be the approximate location of the sewer line installation. We will keep you advised as to our progress with Mr. Solenberger in this matter. Very truly yours, .NCHESTER MALL, INC. 2 Glenn S. Bair GSB:wfd Enclosure