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HomeMy WebLinkAbout003-78 Douglas O. Grimm - R3 & M1-A-2 Stonewall - ZMAP Board - BackfileAze�erte DI gaztrttent of Planning ob H. RONALD BERG PLANNING DIRECTOR P. 0. BOX 601 L.9 COURT SQUARE DONING A iN SRATOR WINCHESTER. VIRGINIA 22601 ZONING ADMINISTRATOR March 13, 1978 TO: Classified Advertising Department of the Winchester Evening Star FOR PUBLICATION: March 16 and 23, 1978 -- using a display ad. Received by: Date NOTICE OF PUBLIC HEARING The Frederick County Planning Commission will hold a Public Hearing on April 5, 1978 at 3 PM in the Board of Supervisors' Room, 9 Court Square, Winchester, Virginia to consider the following: AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, Chapter 21, Sections 21-1, 21-16, (v)(6), 21-26(x)(18), and 21-109(1)(38). Zoning Map Amendment Petition No. 003-78 submitted by the Frederick County Planning Commission for Douglas 0. Grimm, P. 0. Box 758, Winchester, Virginia, who hereby requests that eighty-one(81) acres off Route 673 now zoned Residential -General District (R-3) and approximately eighty-six (86) acres off Lenoir Drive now zoned Industrial -Limited (M-1) be rezoned: Agricultural -General (A-2). These properties are designated as Property Identification Numbers 00430A0000016, 00430A000001.7, 00430A0000021, and 00430A000055B and are in Stonewall Magisterial District. Copies of the above may be reviewed in the Department of Planning and Development 9 Court Square, Winchester, Virginia. H. Ronald Berg, Secretary, FR— EDF!I HRB/btr COUNTY PLANNING COMMISSION cc: J. 0. Renalds, III, County Administrator Secretary, Planning Commission (2) Department of Planning and Development/ 703/662-4532 Zonin, Map Amendment Petition No. 003-73 l T--- l,.r 74 � yes/? �, ,1b no Frederick County Planning Commission for Douglas 0. Grimm /` (R-3 and M-1 to A-2) Location: Properties front both Route 673 and Lenoir Drive Proposed and Current Use: Agricultural Background: Mr. Gramm has been requesting that his properties have one agricultural zoning since 1974. Staff Comment: The Staff recommends approval: Because this land is productive agricultural land. Planning Commission Recommendation: The Planning Commission unanimously recommends approval of this petition. P. 0. Bc.- 758 Winchest:;r, Virginia 22601 August ] , 1974 iir. H. Ronald Berg County ?lanneri Court Square Winchester, Virginia 22601 i Dear Mr. Berg:i During a conve'pation in Mr. Riley's office, I was quite surprised to learn that rfarm is under three different zorys (Industrial, Residential, and Agricultural). As this is my home and I plan to keep it as such unless undesirable circumstances force me to do other -.rise, I respectf- tlly .request the the entire acreage (166.5 acres) be re -zoned to Agricultural. Sincerely, Douglas 0. Grimm q ma � �i Sid wo Y2 1 h / � -Z- y i Em #- / + rEbEritk Countu V/ / 71, Department of 111anning and �P�IP�D�JIttEltt � SO H, RONALD BERG 9 COURT SQUARE P.Nmc; DIRECTOR WINCHESTER, VIRGINIA 22601 September 9, 1974 Mr. Douglas 0. Grimm P. 0. Box 758 Winchester, VA 22601 Dear Mr. Grimm: Thank you for your letter advising the Planning Commission of your current zonings. The Commission reviewed your request at their Regular Meeting on September 5, 1974. Work is currently underway on a Land Use Plan for the entire county and when that Plan is completed, some adjustments will be made to the zoning maps. At that time, your request will again be reviewed by the Commission. I shall contact you then for the specific boundaries of your property, if they are needed. HRB/skr cc: Dennis T. Cole Sincerely yours, H. Ronald Berg Planning Director 703 - 6G2-4541 r DOUGLAS 0. 01iIMM . TO .. .: DEED ++ JAMES D. SHOCKEY ET t 16 ,892-G HHW/j r 11/30/73 Bav 421 rv,f C)�1,3 THIS DEED made and dated this 30th day of November, 1973, by and between DOUGLAS 0. GRIMM, widower, party of the first part, and JAMES D. SHOCKEY, RALPH D. SHOCKEY, and JAMES D. SHOCKEY, JR. , PARTNERS trading as SHOCKEY REALTY COMPANY, parties of the second part. WITNESSETH i That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consid- eration, the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey with general warranty of title, unto the parties of the second part, as specific partnership property, pursuant to Title 50 of the Code of Virginia, 1950 as amended, in fee simple, the following described property and appurtenances thereunto belonging: All that certain tract of land of 45.130 acres situate in Stonewall Magisterial District north of the City of Winchester, on the southwestern side of Interstate Route No. 37 more particularly described on the plat and survey of Lee A. Ebert, C. L. S. , dated November 7, 1973, copy attached hereto and by reference expressly incorporated herein. This property was acquired by Douglas 0. Grimm in the following manner: A. The western portion of said property is the same property acquired by Douglas 0. Grimm by deed of Joseph M. Williams, Jr. , et al, dated April 19, 1971 of record in the Frederick County Ci rcui t Clerk's Office in Deed Book 375 at page 522. B . The southeastern portion was acquired by Douglas 0. Grimm as 31 acres , more or less, by deed of Margaret S. Wright and B. Beverley Wright, her husband, dated September 3, 1968 of record in the aforesaid Clerk's Office in Deed Book 349 at page 11. C. The remaining property is all of the property south of Interstate Route No. 37, being part of a larger tract originally acquired by Douglas 0. Grimm and Helen B. Grimm, his wife, as tenants by the entireties 421 FAGr 624 , with common law rights of survivorship by deed from Roy R. Boyce and wife, dated March 1 , 1956-of record in the aforesaid Clerk's Office in Deed Book 240 at page 322. Helen B. Grimm has subsequently died thereby vesting full title in Douglas-O. Grimm, surviving tenant. The Grantor also reserves a vendor's lien upon the property to secure the payment of the unpai d purchase pri ce i n the sum of Seventy-Fi ve Thousand Dol 1 ars ( $75,000.00) , to be paid with interest upon the unpaid balance in three equal annual installments of Twenty -Five Thousand Dollars ($25,000.00) each beginning December 1, 1974 and endina December 1, 1976, plus interest at the rate of seven percent (7%) per annum upon the unpaid purchase price. The unpaid purchase price is represented by a note from the Grantees executed on this day, waiving Homestead and other exemptions. 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. Except as noted above, the Grantor covenants that tie has the right to convey said property to the Grantees; that he will execute such further assurances of title to said property as may be requisite; that he is seized in fee simple of the property conveyed; and that the Grantees shall have quiet possession of said property free from all encumbrances. WITNESS the following signature and seal: (SEAL Dougl s 0. Grimm STATE OF VI RGI N I A j �r -- 0� T o -wit : - U a Notary Puhl i s i n and for the State and aforesaid, hereby certify that Douglas 0. Grimm, widower, whose name is signed to the fore- going deed dated the 30th day of November, 1973, has this day personally appeared before me and acknowledged the same. Gi ven under my hand thi s -clay of 1973. My Commission expires Y ny' _rl�'����T�� N�ltary Pub 1 c�v LOT g'�oK 421 626 epL pow S �,oca• S ?00.04 c^ r S8� I 240 -- 322 a c' 0 �1 �S3.85 375 -522 cn N60-40' 527t^j-1,9_98,, -- l =Posy 1.503.99, Pou �R a - V,R-L.\ItA FR'JLRiC.{ CJJ:IrY, SCr. L s instrument of writing was produced to me onMa o y;'c .day of_` ." f,y� J",. 19._ ��_, at and with certificate of acicnowl.�dgmoat thereto anno cod Was admitted to record. Tax unposed uj 3 3c• 5d-AA of $ / Co. `x , and 5-54 have been paid, if ` C Z ,g� - �j - S6 -0 :0°5 2G9.75•_ 45.130 AC - a v v Q c2� S NOCGtc' y 0.C. 3- 46-P. 560 Z. Cz i tn Cl-� n Q+� N � J s- CD t� t_• m 0 f�9 o L7 4'pi cam, I JAMES O. 570 r h BOOK 421 rAC'E G25 20 acoc.-�aUyi20 Plat io a Survoy of All 02 pCil-ticao of varoo Tract3 of YaliaC1 2.Y212j W00t, of U0 So I1 vo 11110 North of Uo So Rto 522 and at the IVor ther°n End of Rt;O 0320 211 St U aOWall DiCtVi"D Frc ©dor ICIr County0 Vix giniao The said Land ao t1jo Southor n FortC i ca of the Land convoyod to DouglaO Oo Grimm and Aolon Bo Grk-am by Dood datiod l liar,�bh 195E Li Dood Book 240 Pago 322 o All of tho end coavoyod to Dcugaao Oo Grim, by Dood datod 3 September 1968 in Deed Booms a479 Pago 11 — A21.1 of tho 'Land convoyod to Douglao Oo Grivin, by Dood datiod 19 A p:, n 19` I 2�a Dood Doo1r, 375 Pago 522u gogitlYai at; a post; 211 tho I7o:)Schora Liao of tho JanOa Do Shockey Landq a tho yuj�; Gojjl Loi- Pam -op 1110, La1U1do Yunning with tho two following I7ortiYaor<a1 Lgnoo of Lho oa$d Yaliad IJ 650 329 13" W o 312080 ficog titionco N 64° 2.59 vlc? 17 0 459o53 fto to a point in Soho Eaotorc;n Livao of the Looters Ao 131li®t;t; a1,�42u &�oaac0 T7 it;Ia f1io two following Eaotiorn Linos of the said Land I7 2C0 030 OD," I, o 2.10,45 gti0 to an iron pin (found),thonco N 200 209 4811 E 20523063 ft o to a pool;,; t,I2o:2oo witli tho Nortihorrn Lino of tho said mid, ancd nay 000 tho Y7orc tihoi-a Und of Rto Oy2 — N 680 409 5211 1.1 — 2,9508o99 ft- to a post moYnoa to t1 o Largont Lot, and contiin;riLj�; Ilith tho Norrthor°n Lino of the said %t and Otiho2 1 vaat;O I1 660 409 52" VI — 10998031 f too I" AL LP to a point �i lino g ,utjjok=n H:jg&vjay I3oun aiq Liao of Rto :37D tihenco with tho f'ivo folic►ping 3outihoyzan R1giraay i3ouliadavy L:7uioo 3 760 049 51s) E — 983-85 ft, to a highway to®nu klt;y til�o�aa©S €39© 279 40" E a 856o4(a ftio to a hig&raay monument; fhenco S 810 279 52" U, 300004 f to to a highway monumonti p thence S 830 1419 15" E 350004 f to to a hic7iiway iiiofiaumontg thonco 3 820 259 09" E o 95o25 ft- to a 00-j nor to tho i-ruiti Bill Oreharda Dnoo Lando tihonco witil the two following Linos of tho said Land S 230 539 0011 17 — 642*15 f do g t1ionco S 680 409 52" E 269975 f'tio to a cornor to tho oa,;,d Fort C®llior FarmOo Ynco © (LE , i %dB thonco with tho Wontovn Lino Of tho said Land a �.9 A. EBERT 339 57" 1,-1 0 10691o87 ftio to th() b0G:huaiv�o eon aining b o 450130 Aoroaoa ;:Survoyod d o o FJovomborr 7a 1913o Ac1FJ g f 1 f. 421 626` Q 567, 04# K- gg 2 I 240-322 �E-983.85' 375-522 I O NGt3 40' 52°1(�1-1,99%_3f POST I, 508.99' POST L,411GEOT,j — LOT • �. Cj H t- O J c tEE�E i, aT� ►—� o- !, •, jay UISDIfA FBED-1-IC{ CJJ:IPY, jCf. Lds instrument of writing was produced to me on o > J m. Y-!�_d,q of Al.vn� 19,- , at .J and with certificate of acknowledgment thereto annocod was admitted to record. Tax unjosed Dj d'c. 5d--)4.1 of $ /GO. `' and 5�-54 have been paid, if- �j Z�� V-=!L tSCJV. t:OfA -t" I e 4 +J cD N cj N ` ,� o S6a40'S_'-_ 2G9.75' C9 t� CD N fn 1 45.130 AC- r v' i JAMES 0. I JAMES O, S NocC EY SI;QGIt Cy O.G.346-P. 560 D.O. 33 -'P. G73 BOOK 421 iAEE G25 Tno A000�panyiUG Plat 20 a Survoy oY All or Port?czo of 721�00 Tracto of Land lying hoot of Uo So Rto lla North of IIo So Rto 522 and at the Northorn End of Rto 832, In Stonowall Dictricto Frodorick Countyo Virginia. The said Land io tho Southern Portion of the Land convoyed to Douglaa 0. Grimm and Holon Bo Grimm by Dood dated 1 Earbh 1956 in Dood Book 240 Pago 322 - All of the Land convoyed to Douglao 0. Grimm by Dood dated 3 September 1968 in Deed Boo:c 349 Pago 11 - All of the Land conveyed to Dcuglao 0. Grimm by Deed datod 19 April 1971 in Dood Book,375 Pago 522: Beginning at a post in tho Ilc:)thorn Lino of the James Do Shockoy Lando a oornor to tho Fort Collior Farmoo Inc. Lando running with the two following Northorn Linos of the said Land II 650 320 13" u - 312.80 ft.; thence PI 640 152 21q 11 - 459.53 ft. to a point in tho Eastern Lino of the Looter A. Elliott Land; thonco with the two follo:ing Eaotorn Linos of the said Land N 260 030 03- F. - 110-45 ft. to an iron pin (found); thonco N 200 200 48" E - 1,528.68 ft. to a poot; thonco with the Northorn Lino of the said Lind, and ooroao tho Northorn End of Rt. 632 - N 680 400 52" W - 10508.99 fto to a post oornor to tho Largont Lots and oontin�king with the Northorn Lino of the said Lot and Other Traoto II 680 400 529 11 - 1,998.31 ft., III ALL, to a point in tho Southorn Highway Boundary Lino of Rto 37; thonoo with the five following 8outhorn Highway Boundary Linos S 780 040 51" E - 983-85 ft. to a highway monumont; thonoo S 890 270 40" E - 856.46 ft. to a highway monument; thence S 810 270 52- E - 300-04 ft- to a highway monument; thence S 830 140 15" E - 350-04 ft- to a highway monument; thonoo S 820 25, 09" E - 95.25 ft. to a corner to tho Fruit Hill Orchard, Inoo Land; thence with the two following Linoo of the said Land S 230 530 00^ w - 642.15 ft.; thence S 680 400 52" E - 269.75 ft. to a cornor to tho said Fort Collier Farms, Inc. `tiALiltp O (or. C�` F 1? Land; thonco with the �loatorn Lino of the avid Lend 8 19 �• 'LEE EBERT 380 57" w - 1,691.87 ft. to the boginningo ,NO Containing - - 45-130 Acroo.Surveyed - - - November 7, 19730 L LAUU `1' s— I 27/- #9 A - 37 20 14 Yv 2pis 21A 2 6 6 25--, 2 1 PO�S. T _ _ARGENT '�cq LOT ca S81o24 300.01 $9 21 240 — 322 :983.85' 375 -522 I N 68'40' 52" W-1,99 8.3.1.-' _ 1,508.99' POST N9� co N tn 11 13 � ,�� u 350. / � W f 0 a) � 3 LnN N ini� N to co • (n N� — V)l S6 8'40'52" 269.75` 45.130 AC. p— N� c+� N Ln co f�} s 01 H JAMES D. S HOCKEY CAM ES D .8. 346-p S HOCK E 568 D.B.304-P 16 ,892-G HHW/jr 11/30/73 DDUGLA3 0. Ciilhtil TO DEFD JAMF:i D. 3HOCk= FF + Y « M Y » ...................... BOOK 421 ivF `,?.i THIS DEED made and dated this 30th day of November, 1973, by and between DOUGLAS 0. GRIMM, widower, party of the first part, and JAMES D. SHOCKEY, RALPH D. SHOCKEY, and JAMES D. SHOCKEY, JR., PARTNERS trading as SHOCKEY REALTY COMPANY, parties of the second part. WITNESSETH! That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consid- eration, the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey with general warranty of title, unto the parties of the second part, as specific partnership property, pursuant to Title 50 of the Code of Virginia, 1950 as amended, in fee simple, the following described property and appurtenances thereunto belonging: All that certain tract of land of 45.130 acres situate in Stonewall Magisterial District north of the City of Winchester, on the southwestern side of Interstate Route No. 37 more particularly described on the plat and survey of Lee A. Ebert, C. L. S., dated November 7, 1973, copy attached hereto and by reference expressly incorporated herein. This property was acquired by Douglas 0. Grimm in the following manner: A. The western portion of said property is the same property acquired by Douglas 0. Grimm by deed of Joseph M. Williams, Jr., et al, dated April 19, 1971 of record in the Frederick County Circuit Clerk's Office in Deed Book 375 at page 522. B. The southeastern portion was acquired by Douglas 0. Grimm as 31 acres, more or less, by deed of Margaret S. Wright and B. Beverley Wright, her husband, dated September 3, 1968 of record in the aforesaid Clerk's Office in Deed Book 349 at page 11. C. The remaining property is all of the property south of Interstate Route No. 37, being part of a larger tract originally acquired by Douglas 0. Grimm and Helen B. Grimm, his wife, as tenants by the entireties N r,neY 421 sec! 624 with common law rights of survivorship by deed from Roy R. Boyce and wife, dated March 1, 1956 of record in the aforesaid Clerk's Office in Deed Book 240 at page 322. Helen B. Grimm has subsequently died thereby vesting full title in Douglas.0. Grimm, surviving tenant. The Grantor also reserves a vendor's lien upon the property to secure the payment of the unpaid purchase price in the sum of Seventy -Five Thousand Dollars ($75,000.00), to be paid with interest upon the unpaid balance in three equal annual installments of Twenty -Five Thousand Dollars ($25,000.00) each beginning December 1, 1974 and endina December 1, 1976, plus interest at the rate of seven percent (7") per annum upon the unpaid purchase price. The unpaid purchase price is represented by a note from the Grantees executed on this day, waiving Homestead and other exemptions. 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. Except as noted above, the Grantor covenants that he has the right to convey said property to the Grantees; that he will execute such further assurances of title to said property as may be requisite; that he is seized in fee simple of the property conveyed; and that the Grantees shall have quiet possession of said property free from all encumbrances. WITNESS the following signature and seal: / ((' Z _/ (SEAL Douglas 0. Grimm _ STATE OF VIRGINIA 0FQIC To -wit: I, a Notary Public in and for the State and -'r aforesaid, hereby certify that Douglas 0. Grimm, widower, whose name is signed to the fore- going deed dated the 30th day of November, 1973, has this day personally appeared before me and acknowledged the same. Given under my hand this 1_2 ay of ir^^ .��' 1973. My Commission expires _V Ndry PYT4ta` Z(