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PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
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Dept, of Plarr,ing & Geveinpment
COUNTY OF FREDERICK, VIRGINIA
P. 0. Box 601
Winchester, Virginia 22601
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UNITED STATES POSTAL SERVICE
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RETURN
TO
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
Dept. of Planning',& DPvdo
COUNTY OF FREDE�1' , VlRC31
P. 0. Box 601
Winchester, Virginia 22601
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• Attach to front of article II spwe permits.
otherwise attu to back of article.
Endorse article "Retum Receipt Requested"
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PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, S300 4
Dept. of
CWNTY
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SENDER INSTRUCTIONS
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• Complete items 1, 2, and 3 on the reverse.
• Attach to front of article if space permits,
otherwise affix to back of article.
• Endorse article "Return Receipt Requested"
adjacent to number.
RETURN
TO
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USE TO AVOID PAYMENT
OF POSTAGE. S300/ �
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(Name of Sender)
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❑ Show to whom and date delivered............ —4
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❑ RESTRICTED DELIVERY
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*G , : 1979-288-848' .
VI.
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and ZIP Code in the space below.
• Complete items 1, 2, and 3 on the reverse.
• Attach to front of article if space permits,
otherwise affix to back of article.
• Endorse article "Return Receipt Requested"
adjacent to number.
RETURN
TO
PENALTYTo A PRIVATE
USE TO AVOID ID PAYMENT
OF POSTAGE.$300
U.S.MAIL
Dept bf Planning & Developmenj
COUNTY OF FREDERICK, VIRGINIA
P. 0. Box 601
Winchester, Virginia 22601
(Name of Sender)
(Street or P.O.
0
(City, State, and ZIP 0
SENDER: Complete items 1, 2, and 3.
Add your address in the "RETURN TO" space on
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1. The following service is requested (check one.)
❑ Show to whom and date delivered............ _ it
❑ Show to whom, date and address .of delivery..._Q
❑ RESTRICTED DELIVERY
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*GPO : 1979-288-848
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and ZIP Code in the space below.
• Complete items 1, 2, and 3 on the reverse.
• Attach to front of article if space permits,
otherwise affix to back of article.
• Endorse article "Return Receipt Requested"
adjacent to number.
RETURN
TO
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE. $300
Dept. of Planning &
U.S.MAIL
Development
COUNTY OF FREDERICY, VIRGINIA
P. 0. Box 601
Winchester, Virginia 22601
(Name of Sender)
(Street or P.O. Box)
(City, State, and ZIP C0
SENDER: Complete items 1, 2, and 3.
Add your address in the "RETURN TO" space on
reverse.
1. The following service is requested (che one.)
❑ Show to whom and date delivered............ — Q
❑ Show to whom, date and address of delivery... —a
❑ RESTRICTED DELIVERY
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(CONSULT POSTMASTER FOR FEES)
2. ARTICLE
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3. ARTICLE DESCRIPTION':
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4.
DATE OF DELlV•A R STMARK
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*GPO : 1979-288.848
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and ZIP Code in the space below.
• Complete items 1, 2, and 3 on the reverse.
• Attach to front of article if space permits,
otherwise affix to back of article.
• Endorse article "Return Receipt Requested"
adjacent to number.
RETURN
TO
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Dept. of Planning & Develo m
ed
COUNTY OF FREDERICK, VIRGINIA
P. 0. Box 601
Winchester, Virginia 22601
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE. $300
(Name of Sender)
(Street or P.O. Box)
• (City, State, and ZIP CIO
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SENDER: Complete items 1, 2, and 3.
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❑ Show to whom, date and address of delivery... —a
❑ RESTRICTED DELIVERY
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4.
DATE DELI R
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S. ADDRESS (Complete only if rawasted)
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CLERK'$,
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*GPO : 1979-288-848
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS
Print your name, address, and ZIP Code in the space below.
• Complete items 1, 2, and 3 on the reverse.
• Attach to front of article if space permits,
otherwise affix to back of article.
• Endorse article "Return Receipt Requested"
adjacent to number.
RETURN
TO
PENALTY FOR PRIVATE
USE TO AVOID PAV ME NT
OF POSTAGE. SWO
U.S.MAIL
Dept. of Planning & Deve.Ioprnent
COUNTY OF FREDERICK, VIRGINIA
P. 0, BOX 601
Winchester, Virginia 22601
(Name of Sender)
(Street or P.O. Box)
(City, State, and ZIP C�
9
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SENDER: Complete items 1, 2, and 3.
Add your address in the "RETURN TO" space on
reverse.
1. The following service is requested (check one.)
❑ Show to whom and date delivered............ _a
❑ Show to whom, date and address of delivery... _ a
❑ RESTRICTED DELIVERY
Show to whom and date delivered............ _ a
❑ RESTRICTED DELIVERY.
Show to whom, date, and address of delivery.$ —
(CONSULT POSTMASTER FOR FEES)
2. ARTICLE ADDRESSED TO:
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otherwise affix to back of article.
• Endorse article "Return Receipt Requested"
adjacent to number.
RETURN
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•
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT rl;�7
OF POSTAGE. $300
U.S.MAIL
Dept, of Planning & fleV*pment
WUNTY OF FREDERICK, VIRGINIA
P. 0. BOX 601
Winchester, Virginia 22601
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❑ Show to whom, date and address of delivery... _ 4
❑ RESTRICTED DELIVERY
Show to whom and date delivered............ —4
❑ RESTRICTED DELIVERY.
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(CONSULT POSTMASTER FOR FEES)
2. ZfRTICLE ADDRESSED TO:
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P yartment aaf Flanntnxg aub pQf daayullen#
DIRECTOR
JOHN T. P. HORNE
DEPUTY DIRECTOR
STEPHEN M. GYURISIN
September 27, 1982
Mr. Benjamin M. Butler
Counsel for Eldon Lindsey
Route 1, Chapel Road
Box 217
Middletown, Virginia 22645
Dear Mr. Butler:
P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
This letter is to confirm the Frederick County Board of Supervisors'
action at their meeting of September 22, 1982:
Approval of Rezoning Request #008-82 of Eldon Lindsey to 'rezone 9.519
acres now zoned A-2 (Agricultural -General) to B-2 (Business General)
for an office park in the Opequon Magisterial District.
If you have any questions, please do not hesitate to contact this
office.
Sincerely,
L
Jo T. P. Horne
Director
JTPH/rsa
703/662-4532
i
REZONING REQUEST #008-82
Dos -old --
Eldon Lindsey
9.519 acres zoned A-2 (Agricultural -General)
to be rezoned to B-2 (Business -General)
LOCATION: On the south side of Rt. 627, approximately 1/4 mile from
Middletown (at the southeast interchange on Rt. I-81 and
Rt. 627)
MAGISTERIAL DISTRICT: Opequon Magisterial District
ADJACENT LAND USE AND ZONING: Commercial, Residential and Open Space
Land Use. Commercial and Agricultural
Zoning.
PROPOSED USE AND IMPROVEMENTS: To be rezoned to B-2, (Business -
General), to be used as an Office Park
REVIEW EVALUATIONS:
Virginia De2t. of Highways and Transportation - No objection.
However, there are existing curbs at this location but the
entranceway has never been paved. We recommend paving this
commercial entrance.
Middletown Town Office - Sewer capacity presently exists to serve
this area. The Exxon Station to the west of the property is
currently being served by the town of Middletown. Sewer service
to this property would be determined after a formal application
has been made to Town Council.
Department of Inspections - No objection to the change of zoning.
Permits will be necessary to build the proposed addition to
existing office structure.
Planning and Zoning - It is the staff's opinion that the location
of a B-2 zone on this property is a logical extension of the
existing commercial zoning in the area. The location adjacent to
an interchange with Interstate 81 gives this property adequate
access to an arterial highway. The property is not now currently
being used for a significant agricultural purpose, and the areas
adjacent to this rezoning proposal should not be adversely
affected by the development of this property under the B-2
Zoning.
The staff would like to point out, however, that the Planning
Commission has been reluctant to rezone properties in the past on
a speculative basis. Mr. Lindsey does have an existing storage
and proposed office structure on the property, and has a proposal
for an office park. Again while the staff has no particular
objections to this use at this location, we would recommend that
the Planning Commission consider whether this rezoning would be
speculative. If the Commission does feel that it is speculative,
the staff would not recommend approval.
Staff Recommendations: Approval, if the Planning Commission is
satisfied that this application is not
speculative in nature.
1
APPLICATION FOR REZONING
IN THE
COUNTY OF FREDERICK, VIRGINIA
South
Side
West
Side
East
Side
East
Side
Zoning Amendment No Submittal Submittal Deadline is ,
Applicati n Date ✓¢ _ For the Meeting of
Fee Paid
1. The property sought to be rezoned is located at (please give exact
directions) on South _side of Route 627, approximately one-half
mile from Middletown at the_ Southeast inteVrahang_e` on ouEe -
and Route 627)
mo e or less,
2. The property has a frontage of -' feet/ and a depth of
feet/ and consists of Za- acres. (Please be exact)
more or less, Z1<59--'
3. The property to be rezoned is owned by ELDON LINDSEY as
evidenced by deed from Henkel M. Lamp _ recorded in deed book
no. 356 on page l registry of the County of Frederick
4. This property is designated as parcel no. 00570 on tax map no.
91 in the Opequon Magisterial District.
5. It is desired and requested that the property be rezoned from
A-2 to B-2
fjGh?�Cv�t"c����..'C;=t�t�?�L �us1r�7�5S ���.r�.�•v
6. It is proposed that the property will be put to the following use
Office park
7. It is proposed that the following buildings will be constructed
Office building addition to existing office structure.
8. 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.
Numbers Complete Mailing Address
TO 7lML' Dnrr col Tax Man gi-rAPf- _ RniitP _ RnY . FtC_ NOS.
James F. and N a
A. Burke
00550
91
Route 2`Box 91
Middletown, Virginia
_
Exxon Corporation
00560
91
P. O. Box 53
_
Houston, Texas 77001
:As. Susan Manuel
ao . Raymond L _ Long_L
00830
91
^
Middletown, Virginia 22645 i
Estate
Honein C. Hensell &^
Hazel I. Hensell
00590
91
Route 1, Box 377B
Mid.d.letourn, Virginia 22rA5
i
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4
Across
Road
Across
Road
Page Two
Rezoning
Ai T ML'
Numbers Complete Mailing Address
1D , I max Mari gt-rppf- _ RntitP. Box. Etc. Nos.
P. J. Hammoch
00860
91
Route 1, Box 216_ ___~�
Middletown, Virginia 22645
Orville B. Willey,
Jr.
00850
91
Route 1, Chapel Road
Middletown, Virginia 22645
9. 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 County of Frederick, Virginia, with
the above facts as support of this applicatip-ja-/. .
Signature of Applicant:
N M f BUTIltR;_COUNSEL FOR ELDON LINDSEY
Complete Mailing Address: Route 1, Chapel RoadY�
Box 217
Middletown, Virginia-ITGA5Yw~�
Telephone Number:_ __ 703-869-33594 - -
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) 9/15/82
X� Approval I� Denial SECRETARY (signed)
9.519 Acres to be rezoned B-2 (Business -General)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 9/22/82
I_X I Approval 17 Denial COUNTY ADMIN. (signed)
. eJ
9.519 Acres to be rezoned B=2 (Business -General_ _ �_
. EQFRT'
L) (;ARTIF►CATS No. Y
h� 484 e
P
taNn �
I OEPFR` R' iFV THAT TH;S ROt,: '
FORVEY, Tu THE St`;T OrMY
AND UELiff, iS CORRECT AND 4'0Mt`.I
WITH THE MIMMUM I'Rt� EDJRES Ai•,j
STANDARDS ESTABLISHED BY Tri
STATE 8i7,ARD OF ARCHIIEC ,.; FR,'
FESSIONAL ENGINEER;, LAND 5URVVY-.-"
AND CE ED U4 SCAPE '^T�
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HENKEL M. LAMP
TO: :: :: DEED
ELDON R. LINDSEY .ET UX #
lov Js PD 1?_8
THIS DEED, made this Q day cf August, 1969, between
Henkel M. Lamp, widower. of the one part, hereinafter .Palled the Grantor,
and Eldon R. Lindsey and Gretchen Z. Lindsey, hs wife, of the other
part, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of t:re sum of Ten
Dollars ($10.00), cash in hand paid, and other vEluable consideration, receipt
whereof is hereby acknowledged, the Grantor does #rant and convey, with
8
General Warranty of Title, unto the Grantees, as tenants by the entirety,
in fee simple, with survivorship as at common law, together with all
rights, privileges and appu=tenances thereto belonging, al! of those certain
tracts or parcels of land lying and being situate fin O^uan Magisterial
District, more particularly described as follows:
1. Those certain lots or parcels of lar-d iden-ified
as Lots No. 11, 13, 17, 18, 21, 29 and 30 of the _amp
Subdivision, loca:ed at Middletown, Virginia, as will
appear on a plat of Richard U. Goode, C. L.S., •dated
April 10, 1959, and recorded in the UfIce of the Clerk
of the Circuit Court of Frederick Coun:,v, Virginia, in
Deed Book 258, Page 478, to which reference is :-Wade
for a more particular description of the :and herein
conveyed.
II. That certain tract of land situate on the West side
of Interstate Highway No. 81 in Middletown, Virginia,
containing 26.773 acres more or less, according to
plat and survey of Richard U. Goode, C. S. , dated
August 7, 1969, attached hereto and by this reference
made a part hereof.
III. That certain tract of land situate on the South side
of Virginia State Highway No. 627 and the East s:de of
Virginia State Highway No. 625, containing 41.738 acres
more or less, more particularly described by plat and
survey of H. Bruce Edens, dated February 6, 1569,
which is attached iereto and by this reference made a
part hereof.
IV. That certain drainage easement acquired by the
Grantor from the County School Board cf Frederi: k
County by deed dared August 11, 1960 and recorded in
ado -
LAW OFFICIA
LARRICK AND WHITE
}11CMt�T[�. �1�/111111
5001, 35S �AcE 1.29
said Clerk's Office in Deed Book 269, Page 369.
V. All right, title and interest of the Grantor in
and to the 12 inch concrete conduit for a water line
running generally East and West under Interstate.
Highway No. 81 at approximately Station 1120 +20,
NBL, permit No. 8-3883, the construction and
maintenance of which was granted by the State
Highway Commissioner of Virginia on December 10,
1963, together with the Grantor's right, title and
interest in a manhole on the right of way of relocated
Route 625 and the right to construct a 6 inch water
line under relocated Route 625, in accordance with
an amendment to said permit dated May 29, 1964,
and being a portion of the land acquired by the Grantor from M. Kathryn
Watson by deed dated March 14, 1957 and recorded in said Clerk's Office in
Deed Book 245, Page 583 and by deed of correction dated April 18, 1959, and
recorded in said Clerk's Office in Deed Book 257, Page 121; and being all of
the land currently owned by the Grantor in Opequon Magisterial District,
Frederick County, Virginia, save and except a certain lot identified as Lot
No. 15 of the Lamp Subdivision as shown on the aforesaid plat, recorded
in said Clerk's Office in Deed Book 258, Page 478 and a certain tract of
land containing 75 acres, more or less, that was conveyed to the Grantor
by deed of Douglas R. Messall, et als, dated October 16, 1965 and recorded
in said Clerk's Office in Deed Book 316, Page 333.
The Grantees join in this deed for the purpose of assuming and do
hereby assume that certain deed of trust from the Grantor to J. Frederick
Larrick and Joseph W. White, Trustees, dated November 10, 1961 and
recorded in said Clerk's Office in Deed Book 274, Page 301 to secure the
payment of two (2) negotiable notes described therein; Note No. 1 being in
-2-
-
1
LW nncu
LARRICK AND 11.11E
MIMCH15111. VINSINIA
40
o�r 15) FADE DO
e original principal sum of Sixteen Thousand Five Hundred Seventy -Five
Dollars ($16, 575.00), payable to the Commercial & Savings Bank, Winchester,
Virginia, upon which note there is a balance due of Nine Thousand Nine Hundret
Sixty -Five Dollars ($9, 965.00), with interest at 6 1/2 per centum per annum
from November 3, 1969; Note No. 2 being in the original principal sum of
Fourteen Thousand Seven Hundred Eighty Dollars ($14, 780.00), payable to the
Farmers and Merchants National Bank, Winchester, Virginia, successor of the
Middletown State Bank upon which note there is a balance due of Nine Thousand
e Hundred Ninety ($9, 190.00), with intereat at 6 per centum per annum from
August 4, 1969, and the Grantees hereby agree to pay the remaining unpaid
glance and interest pursuant to the terms of said deed of trust and the notes
secured thereby as a part of the consideration of this conveyance.
This conveyance is made subject to the restrictions, easements and
!)ding lines of record, if any, affecting the aforesaid realty.
The Grantor covenants that he has the right to convey said realty to
e Grantees; that the Grantees shall have quiet possession thereof, free from
11 encumbrances; that he has done no act to encumber said realty and that he
ill execute such further assurances thereof as may be requisite.
WITNESS the following signatures and seals:
j (SEAL)
Henkel amp
-3-
(SEAL)
(SEAL)
MWE
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L"njBK AND WHITE
""am& "offs"
510." 350 131
ATE OF VIRGINIA,
COUNTY OF F ikEDER ICK, to twit:
a Notary Public of and for the State
and County aforesaid, do certify that Henkel M. Lamp, widower, whose name
is signed to the foregoing instrument, bearing date on the_day of August,
1969, has acknowledged the same before me in my State and County aforesaid.
Given under my hand this ��day of August, 1969.
My commission expires ^not> I � ) 7 I
otary Public
STATE OF VIRGINIA,
COUNTY OF FREDERICK, to -wit:
I, a Notary Public of and for the
State and County aforesaid, do certify that Eldon R. Lindsey and
Gretchen Z. Lindsey, his wife, whose names are signed to the foregoing
instrument, bearing date on the 4� Nday of August, 1969, have acknowl
the same before me in my State and ,County aforesaid.
Given under my hand this l�4kday of August, 1969.
My commission expires r Uv I ( � 1-7
-4-
1, --�
�A
otary rubIld.
F
BOOT 35S FAcE 132
SCALE /N fEEi � �O
2oI Wes+
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b LOTS FACING CHURCH STREET
0
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F.. Q S.7?'5?'E
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1--N45042'r B-26/
�3 249.7' 1 P-1?68
bl�l �q LAND OF HENKEL M. LAMP
15 �\ 26.773 ACRES
3 j rh q
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�: — NO.
BO.O 26.4E S'S0"/Tw= _ - - HD 5
f 11 205.61U�� b R-B89.9 �- �GNVIAY
rOWN or
M/D&CTOWN 0•\ A� T£ RSTAT E N
P-246B-341 5h a lJ S. IN
LOCATED Otf THE :Is:'I SIDE OF U.S. INTERSTATE HIGHWAY
NO. 61 AND SITUATE IN MIDDLETOWN, FREDERICK COUNTY,
_. YIaGINIA.
RlGhAftD U. GUCD:i
CErRTIFISD SUttUEYCR
AUGUST 7, 1969.
LAND OF HcNNEL N. LAMP 26.773 ACk:;S
The tract of land, shown on the attached drawing, located on the West
side of Interstate Higtviay No. 81, and situate in Middletown, Frederick
County, Virginia, is bounded as follows:
Beginning at (1) a Concrete !darker at the Northeast corner of
the White lot which faces on First Street and in the rear lot line of
the lots facing on Church Street; thence with the lots facing on Church
.,Street N 45 deg. 42 min. E 888.9 feet to (2) a Concrete N,arker a
corner to Lot No. 30 and in the 'Test line of the School lot; thence
with the School lot 532 deg. 52 min. E 53.0 feet to (3) a spike in
a tree; thence with the Pure Oil Co. lot S 33 deg. 26 min. E
1006.9 feet to (4) a Concrete Marker on the West side of Interstate
Highway No. 81; thenco with Interstate highway No. 81 for the following
3 courses S 24 deg. 30 ruin. W 233.8 feet to (5) a Concrete highway
Marker; thence with a curve to the right the chord bearing and distance
being S 35 deg. 03 min. W 370.0 feet to (6) a Concrete Highway Marker;
thence S 50 deg. 17 min. W 44.7 feet to (7) a Concrete Marker; thence
with the Town of Middletown Pumping Station lot for the following
courses N 44 deg. 25 min. W 52.65 feet to (8) a Concrete'!✓arker;
ence S 45 deg. 35 min. W 50.0 feet to (9) a Concrete Marker; thence
S 44 deg. 25 min..E 48.55 feet to (10) a Concrete Marker; thence with
terstate Highway No. 81 S 50 deg. 17 min. W 205.6 feet to (11) a
onerete Highway Marker; thence leaving Interstate Highway No. 81 and
With the turn around at the end of First Street h 40 deg. 4C min. W
80.0 feet to (12) a Concrete Highway Marker; thence S 86 deg. 13 min.
W (passing over a Concrete Highway Marker on the Northeast side of
First.........
^t
pa l-e
goc� t,*Q, 134
Land of Henkel M. Lamp, 26.773 Acres ,...continued.....
.... First Street) 100.0 feet to (13) a point in the center of First
??�? Street (Old (toad No. 647) thence with the .center of First Street
for the following 3 courses N 48 deg. 42 min. W 494.6 feet t0lft (14) thence N 46 deg. 04 min. W 167.4 feet to (15) thence
r. N 35 deg. 58 min. W 193.2 feet to (16) a point opposite a
r Concrete Marker on the Northeast side of First Street; thence
with the land of Shirley N 45 deg. 42 min. E 249.7 feet to
� (17) a post; thence with Shirley and then with White
c:
N 34 deg. 46 min. W 175.4 feet to the point of beginning,
containing 26.773 Acres more or less.
ALJ u . •
Hichard U. Goode,
Certified Surveyor,
Aupust 7, 1969.
F r .
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LAND
Bocw 356 rw, 135
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41,738 AG.
v & �wf fL'LU = _.ARC 370.49' r 3"
Cft((IF:('1T{ 'p•
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-! 1 •na'IA•Ml PT. BEG.
sacs j] , 4a0-00
00
,,40 AC. TgACT 1
LONG LAND
the above Plat represents a Survey of a Fortson of the Land conveyed to Henkel M. LamP
by K. Kathryn Batson by Deed of Correction dated April 17, 1959 recorded in the Frederick
ty Court Clerks Office in Deed Book 257, page 121•
The said Tract lies on the South aide of Rte. 627 and the F.aet Bide of Rte. 625 in
"ppequon District, Frederick County, Virginia, and is bounded as follows:
Beginning at an iron pin in the Southwest Boundary Line of Rte. 627 corner to the
am acre, said pin being H 45 dog. 31 min. 20 sec. W - 100.00 ft. from a post at the
;
at, S .LS deg
�� of _tire. Lang Land; thence 'r�. ,Lhe line of said one acre tra.
M
i
k
Jaz) PAci lab
08 min. 10 sec. N - 450.00 ft. to an iron pin, corner to•said tract= thence with the back
Uns of said one acre tract S 45 dog. 29 min. 36 sec. E - 87.05 ft. to an iron pin corns'
to said one acre tract in the Northwest Line of the Long Land; thence with the said line
3 4e des. 08 min. 37 sec. M - 765.38 ft. to a poet, corner to the Long Land in the North-
east line of the Brumback Land; thence with the said line N 40 deg. 48. sin 14 aec. M -
1762.89 ft. to a post, corner to the Brumback Land= thence M 48 deg. 25 nin. 25 sec. E -
point
110.37 a . ftto in the South boundary line of Rts. 625; thence with Bald South boundary
line M 59 dog. 09 min. 33 sec. E - 723.45 ft. to a nail in the centerline of abandoned Rte.
627, corner to the Humble Oil & Refining Co. Land; thence with the South line of said Land, tf
S 73 deg. 37 min. 35 sec. E - V0.78 ft. to a nail; thence with the Arc of a Cure to the .,
right 156.95 ft. (chord S 59 deg. 57 min. 35 see. B - 155.47 ft.) to a nail; thence 3 - 46 �
dep. 17 min. 35 sec. E - 168.88 ft. to a concrete monument, corner to said Humble Oil h
Refining Co. Lend in the Southwest boundary Line of relocated Rts. 627; thence with the
to the left 370.49 ft. (chard S 39 dog. 0t2 min. 07 see. Z - 369.S1 ft-) ;
Are o! • Ctu�o .
a point in said Southwest Boundary Line; thence S 46 dot. 35 min- 26 sea.-E - 40.90 ft* -
: a eonerete morrummt; thence M 43 dog• 24 min. 34 see. E - 25.00 ft. to a point in the ,'�
Southwest Brna+dary Line of Rte. 6279 thence with said Boundary Line 3 46 dog. 35
�+•
'26 see. E - 3e3.15 ft. to the Be6iming.
Containing . . . . 41.73E Acres
,..& 6 February 1969
,
y1RGINIA FREUERiCK COUNTY, WT. / �
T ' Instrum r i wr.t.nb was produce to me on the._ �s1 __dsY
� and with certificate of
of.L-3.1.l�.... .-�t ��:._L�.�17.-..
ack�edETent thereto annexed was admitted to record. And additional.'
tax paid.
zi� Clerk
6_0
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n
CO-S�a-lit
M rw rrrrrwwwAw4wwww lwwwww•wMwwwwwwwwwww _.._� �_
ELDON R. LINDM, ET UX w
TO :: RIGHT OF WAY
THE TOWN OF MjDZ[,MWN„ VIRGINIA ETALw
r rwwwrrwww,r wwwwYl,wwwwwwArwwww♦ww �iwwww•
Boa 383 ��-ce 432
THIS RIGHT OF WAY-AGRE'EkL�,T made this 22,.jday of
1971 between Eldon R. Lindsey and Gretchen Z. Lindsey, his wife,
first parties, hereinafter called the Grantors: the Town of Middle
town, Virginia, a municipal corporation, second party, hereinafter)
called the Grantee, the Commercial and Savings Bank, Winchester,
Virginia, third party, hereinafter called the Bank; and Joseph W.
White, sole acting trustee, fourth party, hereinafter called the
I
Trustee.
WITNESSETHe That for and :n consideration of the sum of
One Dollar ($1.00), cash in hand paid, and other good and valuable
consideration, the receipt of wh:=h is hereby acknowledged, the
Grantors do grant and convey with -pecial Warranty of Title unto
the Grantee, its successors and assigns, a perpetual right of way
twenty feet in width for the purplsses of censtructing, replacing,
re -constructing, maintainira, operstir.v and removing water lines I
and appurtenances along and through the property of the Grantors
situate in Opequon Magisterial District, Frederick County, Virginia,
I
and through the Grantors' casement under :nterstate Highway Number]
i
81, which they acquired by deed of senkle M. :,amp dated August 12,
1969 and recorded in the office of the Clerk of the Circuit Court:
of Frederick County, Virginia in Deed Book 356, Page 128, more
particularly described by plat and survey of H. Bruce Edens,
attached hereto and by this reference made a part hereof.
In the event that the right of way herein conveyed shall
cease to be used for the purposes set forth in the preceding
�► paragraph, or in the event that the right of way herein conveyed
,Awcrncn shall be used for any purpose other than the purposes set forth
�ARRICR AN. 1VNITE
1114LIIE'.tER• VIRGINIA
in the preceding paragraph, all rights of the Grantee and its
II
F
L�
11
I
LAW Grncn
IARRICK ANO W .
WIIICMCATCA. VIAGIM
00S 4,-
eoaK 383 ...E 433
Successors shall terminate, 'and the right of way herein conveyed
shall revert to the Grantors,.
1
It is further agreed that water lines to be laid under II
this grant shall be constructed and maintained below cultivation,
use and enjoy the premises except
so that the Grantors may lolly 'I
e
for the purposes herein granted to the Grantee. The Grante
further agrees that all lawns, fences, hedges, roads, pipes or
construction of the water
walks which may be disturbed :.;Y the
aired and restored
lines to be laid under this ;rant shall be rep
set equal to that prevailing prior to the said
to a condition at le
construction.
The Bank, and the Tr-stse acting at the request of the
Bank, in consideration of c:a sue of on* Dollar ($1.00), cash in
hand paid, receipt whs"Of is hereby acknowlsdgod, do hereby
release and quit-cls:x unto the Grantee the right of way described
herein, free and clear of the lien of the deed of trust dated
said clerk's Office in Deed Book
January 13, 1971 and recorded in
372, Page 569, but it is expressly
understood and agreed that the
release of the right of way described herein from the lien of
said deed of trust shall not affect in any wise the lien of said
deed of trust upon any other property thereby conveyed and not
released hereby.
WITNESS the following signatures and seals:
(SEAL)
Eldon �RLind�sey
(SEAL)
I Gr tchen Z. in eY
A
-2-
4
(!GIS-�')-it
BOOK 383 PAGE ,434
TOWN OF.MIDDLETOWN
By (SEAL)
Attest:
COMMERCIAL AND SAVINGS BANK
`r j t. tiles .111
• \
Ia ClJ �J
(SEAL)
Nose W. White
/Sole Acting Trustee
LAW 0l:IC:S
IAR RICK AND WHITE
WIm C11:S7:R. VIRGINIA
STATE OF VIRGINIA,
COUNTY OF FRE/D7ERICK, to -wit:
a Notary Public in and for
the State and County aforesaid, do certify that Eldon R. Lindsey
and Gretchen Z. Lindsey, whose names are signed to the above
writing have acknowledged the same before me in my State and
County aforesaid.
Given under my hand this day of -711,
�. 197:
My commission expires
Notary Public
A
-3-
I �
1
i
CA -
asp 383 'rACE 435
STATE OF VIRGINIA,
COUNTY OF FREDERICK, to -wit:
I, �(L! •� a Notary Public in and for
the State and County aforesaid, do hereby certify that �-
���Q whose name is signed to the foregoing
o `
writing on behalf of the Town of Middletown as it
with the seal of said corporation duly affixed and attested by
its has acknowledged the same to be the act and
�I deed of said corporation before me in my State and County afore-
zz
Given under my hand this I'=day of 1971.
My commission expires
.--�2 ti0'e
nn
No y Public
•STATE OF VIRGINIA,
COUNTY OF FREDERICK, to -wit:
I a Notary public in and for
the State and County aforesaid, do hereby certify thatS�1 dj _
n . A_ , 1 whose name is signed to the above
writing on behalf of the Commercial and Savings Hank as its
\it a _. T with the seal of said corporation duly,
. _. affixed and attested by has
iteZ,► i r e ��_ = --
acknowledged the same to be the act and deed of said corporation
before me in my State and County aforesaid.
Given under my hand this �,a� 0.day of , 1971.
I
-4-
.. _r i... ........mob 1F� �..... .. _ ... _.. ._...�..._.. .w.--. �.�.. _... _. .. -.
BOOK 383 436
My commission expires
A C I QA
Notary Public
STATE OF VIRGINIA,
'COUNTY OF FREDERICK, to -wit:
I, Darlene M. Lewis, a Notary Public in and for the
State and County aforesaid, do hereby certify that Joseph W. White,
Sole Acting Trustee, whose name is signed to the foregoing writing
has acknowledged the sane before me in my State and County afore-
said.
Given under my `%nd this :.�,_+ day of ^f . 1971.
lb
I-
1,W O,/IC[S
IARRICK ANO WHIT[
WIMCMOSTCR. VIROIMI•
e
My commission s•?ires May 22, 1974.
III=
i
Notary Public
00-0,xf
Peyartxaeut of Vlauuing nub pQ£xdopurut
DIRECTOR
JOHN T. P. HORNS
P. O. Box 601
9 COURT SQUARE
DEPUTY DIRECTOR
WINCHE$TER, ViRGiN1A 22601
STEPHEN M. GYURISIN
August 18, 1982
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Eldon Lindsey
Rezoning Petition for: Zoning Change from A-2
(Agricultural, General) to B-2
(Business, General)
This rezoning request will be considered by the
Frederick County Planning Commission at their meeting of
September 1, 1982, at 7:30 p.m., in the Board of
Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia.
Any interested parties having questions or wishing to
speak, may attend this meeting.
JTPH/dll
Sincerely,
John T. P. Horne
Director
703/662-4532
4zeb-nirk Clnnfu
'peyartment of Planning aub �ef�QC��xnen#
DIRECTOR
JOHN T. P. HORNE P. O. SOX 601
9 COURT SQUARE
DEPUTY DIRECTOR
WINCHESTER, VIRGINIA 22601
S i EPHEN M. GYURISIN
September 8, 1982
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Eldon Lindsey
Rezoning Petition for: Zoning Change from A-2
(Agricultural, General) to B-2
(Business, General)
Due to the tabling of this application, this rezoning
request will be reconsidered by the Frederick County
Planning Commission at their meeting of September 15,
1982, at 3:00 p.m., in the Board of Supervisors' Meeting
Room, 9 Court Square, Winchester, Virginia.
This rezoning request will then be considered by the
Frederick County Board of Supervisors at their meeting
of September 22, 1982, at 7:30 p.m., in the Board of
Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia.
Any interested parties having questions or wishing to
speak, may attend this meeting.
JTPH/dll
incerely,
ohn T. P. Horne
"-'6irector
703/662-4532
i�i f L J U ar
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DIRECTOR
JOHN T. P. HORNE
DEPUTY DIRECTOR
STEPHEN M. GYURISIN
TO:
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P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
Department of Inspections ATTN Mr. John Dennison
Zoning
Planning
Middletown
Hiqhwav Department
ATTN Mr. Stephen Gyurisin
ATTN Mr. John T. P. Horne
ATTN
ATTN Mr. W. H. Bushman
FROM: John T. P. Horne, Director Date August 18, 1982
SUBJECT:
Review comments on Conditional Use Permit Subdivision
X Rezoning
Site Plan
We are reviewing the enclosed request by Eldon Lindsey 869-3594
or their representative
Will
you please review the attached and return your comments to me by as
soon as possible.
-----------------------------------------------------------------------
This space should be used for review comments:
No objections to rpyneing However thprp are existing curbs at this
location but the entrancv r h en paved We recommend Q�ving this
n00mrL.i nl entrance
Signature Date-�
703/662-4532
Cd-sg-q'&
DIRECTOR
JOHN T. P. HORNE
DEPUTY DIRECTOR
STEPHEN M. GYURISIN
Repa rfntent of Planning nnbr p rdxly amt
M E M O R A N D U M
TO.:
Department of Inspections
Zonin
Planning
Middletown
Highway Department
FROM: John T. P. Horne, Director
P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
ATTN Mr. John Dennison
ATTN Mr.
Stephen
Gyurisin
ATTN Mr.
John
T.
P. Horne
ATTN
ATTN Mr.
W.
H.
Bushman
Date August
18,
1982
SUBJECT:
Review comments on Conditional Use Permit Subdivision
X Rezoning Site Plan
We are reviewing the enclosed request by Eldon Lindsey 869-3594
or their representative Will
you please review the attached and return your comments to me by as
soon as possible.
----------------------------------------------------------------------
This space hould be used for review comments:
u .�. i it �•-��� - - - - �--�--�--- �--�- �_ _ �' =- -�� --
i
Signature G� �;�//i Date
703/662-4532
ON -�a _) I
C E R T I F I C A T I O N
This will certify that the taxes on
Parcel # ,�70.5`70 owned by ELDON LINDSEY in
Opequon Magisterial District, Frederick County,
Virginia, have been paid for the year 1981.
DORO KECKLEY
The Accompanying Plat is a CALCULATED SURVEY (41.738 Acre Tract -
Deed Book 356 Page 128 - LESS: Conveyance to thee Commonwealth of Virginia
by Deed dated 11 May 1972 in Deed Book 393 Page 250) of the Southeastern
Portion of the Land conveyed to Eldon R. I..indsf.%y and Gretchen Z. Lind-
sey by Deed dated 12 August 1969 in Deed Book 356 Page 128. The said
Land fronts the Southwestern Boundary Lines of Virginia Route 627 and
the Southeastern Boundary Line of Virginia Route 625, just Southeast of
Interstate Route 81, and lies in Opequon District, Frederick County,
Virginias
Beginning at a point in the Southwestern Boundary Line of Rt. 627,
a corner to the Hensell Land, running with the two following Lines of
the said Land S 450 08. 10" w - 4?4.02 ft. to an iron pin; thence S 450
299 36" E - 87.05 ft. to an iron pin in the Northwestern Line of the
Long Land; thence with the said Line S 480 089 37" W -- 176.00 ft..to
a corner to the Northwestern Portion; thence with the t3ortheastern Line
of the said Portion N 460 359 26" w - 1,708� 93 frt. to a corner in the
Southeastern Line of Rt. 625; thence with the said Line N 590 03 • 33" E
- 412.11 ft. to a corner to the Exxon Corporation Land; thence with the
three following Lines of the said Land S 730 37, 35" E - 480.78 ft.;
thence with the Arc Line 156.95 ft. (Chord S 590 57, 35" E - 155.47 ft.
- R. 329.00 ft.); thence S 460 171 351' E - 168.008 ft. to a concrete
monument in the Southwestern Boundary Line of Rt. 627; thence with the
four following Southwestern Boundary Lines, with the Arc Line 370.49
ft. ( Chord S 390 02' 07" E - 369.51 ft. - '�. 1,477.39 ft.) ; thence
S 460 350 26" E - 40e93 ft. to a concrete monument; -_
o CIO?,
S 500 58, 36" E - 196.05 ft.; thence S 41
42' 25#1 E -- IS7.59 ft. to the 'beginning.k7
Containing - - 21.549 acres.
Calculated - - July 29, 1982. /