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HomeMy WebLinkAbout001-77 Albert A. & Margaret L. Lee - 62.84 Ac A2-R1 - Stonewall - ZMAP Board Denied - BackfileRECEIPT FOR CERTIFIED MAIL-30c (plus postage) SENT TO POSTMARK OR DATE 00 STREET AND NO. P.O., STATE AND ZIP CODE cy) OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1. Shows to whom and date delivered ........... 150 With restricted delivery 650 RECEIPT 2. Shows to whom, date and where delivered .. 350 SERVICES With restricted delivery 850 RESTRICTED DELIVERY 50Q SPECIAL DELIVERY (extra fee required) --------- I PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Aug. 1975 NOT FOR INTERNATIONAL MAIL 1( GPO: 1975-0-591-452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4, If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. RECEIPT FOR CERTIFIED MAIL-30c (plus postage) SENT TO POSTMARK OR DATE STREET AND NO. P.O., STATE AND ZIP CODE I -- -- I _ OPTIONAL SERVICES FOR_ ADDITIONAL FEES ......... _ RETURN 1 Shows to whom and date delivered . ..... 150 RECEIPT With restricted delivery 65Q 2. Shows to whom, date and where delivered .. 350 SERVICES With restricted delivery 850 RESTRICTED DELIVERY _ 500 SPECIAL DELIVERY (extra fee required) PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Aug. 1975 NOT FOR INTERNATIONAL MAIL tit GPO: 1975-0-591-452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4, If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. RECEIPT FOR CERTIFIED MAIL-30�,- (plus postage) SENT TO POSTMARK LO OR DATE W STREET AND NO. 00 �+ P.O., STATE AND ZIP CODE ce7 nOTInUll ccovirce CITY annITm.., "cc RETURN 1• Snows to venom ane sate eeuveree ........... iaQ RECEIPT With restricted delivery . 65E 2. Shows to whom, date and where delivered .. 35Q SERVICES With restricted delivery 85@ e RESTRICTED DELIVERY 50d C SPECIAL DELIVERY (extra fee requirer0 Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Aug. 1975 NOT FOR INTERNATIONAL MAIL j1 GPO. 1975- 0-591-452. STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. RECEIPT FOR CERTIFIED MAIL-30c (plus postage) SENT TO POSTMARK OR DATE 00 STREET AND NO. P.O., STATE AND ZIP CODE M OPTIONAL SERVICES FOR_ ADDITIONAL FEES _ RETURN 1 Shows to whom bntf dae te delived ........... ISd With restricted delivery . 650 RECEIPT 4. Shows to whom, date and where delivered .. 35t SERVICES With restricted delivery 850 RESTRICTED DELIVERY 504 SPECIAL DELIVERY (extra fee required) ................• . - ............ PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Aug. 1975 NOT FOR INTERNATIONAL MAIL is GPO 1975 0 ;,, 45, STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. RECEIPT FOR CERTIFIED MAIL-30c (plus postage) !! SENT TO POSTMARK OR DATE R jug STREET AND NO. P.O., STATE AND ZIP CODE OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN 1. Shows to whom and date livered de ........... 15Q RECEIPT With restricted delivery 650 2. Shows to whom, date and where delivered .. 350 SERVICES With restricted delivery 850 RESTRICTED DELIVERY 500 Q SPECIAL DELIVERY (extra fee required) PS Form 3800 NO INSURANCE COVERAGE PROVIDED— Aug. 1975 (See other side) NOT FOR INTERNATIONAL MAIL if GPO: 1975-0-591-452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date. detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. RECEIPT FOR CERTIFIED MAIL-301; (plus postage) SENT TO 00 00 STREET AND NO. 00 P.O., STATE AND ZIP CODE ty) nsnnuu eeou C z I RETURN ' �• *Rows ru wnum dnu acre aeneereu ........... w With restricted delivery 65 RECEIPT 4. Shows to whom, date and where delivered . 31 SERVICES With restricted delivery 1 8: PS Form 3800 NO INSURANCE COVERAGE PROVIDED Aug. 1975 NOT FOR INTERNATIONAL MAIL POSTMARK OR DATE (See other side) �7 GPO: 1975- -0 591 -452 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date. detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4, If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. I Zoning AmcncL•aent No. O G 1 - % Application Uate _� l - Z7 I APPLICATION' FOR REZONING . . . . . . . . . . . . . . . . . . . . COJN',y O? FF"D:iPIC:', VIRGLNI, TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS 0: THE COUNTY OF FREDERICK, VIRGI112A . . . 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 COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located OI✓� n�,]e N-onA e' 2N 5rDA)--4d*II k?/J7W C> i XP�B.EiCK �(�/dTV i 9i r/iA i onl STiPr� It has a frontage of + 4 a! r - feet and a depth of -7e O t feet and consists of�acres. 2. The property sought to be rezoned is owned by 4: iptld %%JAx��9,CeT L Gc�.- as evidenced by deed from Q(t15Sell L recorded in Book �SLD Page a 91 Registry of County of /Mwwe. This property is designated as Parcel No. QL / 97 on Tax Map No. (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM n - pZ TO /- 4. It is proposed that the property will be putt to the following use: % �T 4f . 5. It ids%proposed that the following buildings will be constructed: —�! /i OW c�iu� a n i //0 0 s�- �r d�•z� crl rt� eloel 8,towAssociaft REALTORE7 1 2433 VALLEY AVE. WINCIIEBTER, VA. 22601 667-2700 G. M. "BUTcIq" KERNS DOME 662-4272 Joel &owe�-�ssociates REALTORS 2433 VALLEY AVE. WINCFIEBTER, VA. 22601 667-2700 Q. M. "BUTCIi" KERxS HOME 662-4272 d G. The following are .a11 of the individuals, firms, or corporations owning prof*arty .tdj-v.:•_nt to both sides and rear, and the property in front of (across street from) the pro ert7 so-14ht to be rezoned: (Use additional pagea if noces::.jry•) NAME Numbers COMPLETE MAILING AD,-:3S (Street, Route, Box, li tc, PARCEL TAX MAP a JS,Se b 9 (0) � CA1 y _ x✓tee 6�-z ire,-- f�uc Psrr �z� 01 1. �/ p G� e � ; ✓ep e O — f i I or Kevenue.) 7. The following information is attached to support this application __�1I��",der/ Sltered a-� .iP.aodosc� suzSDJJis)a�! Use additional pages if necessary.) I B. (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000' (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all propertyine! 4 l SIGNATURE OF APPLICANT: / '.'h//_ MAILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc. NUMBERS.) �eyQ/(I$,I�DOiC, U,,L�cilUi,¢. �ZCZy� o�-2F �7CFC'Q� n -7/ f.o.r. o.f.f.i..c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) 0 Approval F-1 Denial SECRETARY (signed) - BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 0 Approval M Denial COUNTY ADMIN. (signed) #503 CHARLES R. LOY TO DEED ALBERT A. LEE, ET UX ****************************************** 340 204 THIS DEED made and dated this ,? 6ftiday of March, 1968, by and between Charles R. Loy, single, party of the first part, and Albert A. Lee and Margaret L. Lee, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said party of the first part does hereby grant, sell, and convey, with general warranty of title, unto the parties of the second part, with common law right of survivorship, all of the following described tracts or parcels of land, to -wit: (1) All of that certain tract or parcel of land containing 61 acres, more or less, together with all improvements and appurtenances thereto belong- ing, lying and being situate about one mile North of Wadesville, in Stonewall District, Frederick County, Virginia, and being the same land that was con- veyed to the said party of the first part by Russell L. Loy et ux, by deed dated Ap_ril 26, 1g61 and of rpenrr4 4.rho ____ ... `1e.•.,. Court of Frederick County, Virginia, in Deed Book No. 270, page 171. (2) All of that certain contiguous tract or parcel of land containing 11 acres, more or less, together with all improvements and appurtenances thereto belonging, also lying and being situate about one mile North of Wadesville, along the Northern side of Virginia State Secondary Highway No. 668, in Stonewall District, Frederick County, Virginia, and being the same land that was conveyed to the party of the first part by Linwood W. Heironimus et ux, by deed dated September 29, 1967, and of record in the aforesaid Clerk's Office in Deed Book No. 335, page 704. A reference to the aforesaid records, and to the references therein contained, is here made for a further and more particular description of said land. It is expressly stipulated that this conveyance is made subject to all applicable, or legally enforceable, easements, if any, of record affecting said land. The aforesaid grantor covenants that he has the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free from all encumbrances; that he has done no act to encumber the said land; and that he will execute such further assurances of the said land as may be requisite. z Zoning Amendment No. O G - -7'7 Application Date APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . . . COUNTY OF FREDERICi,, VIRGINIA TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS Oc THE COUNTY OF FREDERICK, VIRGINIA . . . 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 COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHOWN: 1. The property sought to be rezoned is located 6A/L-- Mde. gey2 g o� Wht"4u Je )Ai 5iodic r JA)% �i:S774.cr �c� i�K �ar/�r/?� (li'722c�i r/J.� v Al 19 i1 It has a frontage of q 5664) - feet and a depth of 'jQp feet and consists of 4�-�/ , acres. 2. The property sought to be rezoned is owned by Qjke97- eT' ojtid /,%g 9,+?PJ" as evidenced by deed from �U 5 f _ of- e 7- 0 X recorded in Book Page Registry of County of �j4"P e <'� This property is designated as Parcel No. 7 on Tax Map No. (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM /�- OZ TO /P 4. It is proposed that the property will be put to the following use: Tom` T 0 S e� �x j����d P.t1Ti�% Ad %�/XJ9 �i ��s o 704 Ch�e� S. It is proposed that the following buildings will be constructed: 1e� OWel�lti4S d - 11D� S9' �T- /Z� �. The following are alL of the individuals, firms, or corporations owning pr �rr_y a,*iu_nt .o both sides and rear, and the property in front of (across street from) the son:,Tht to be rezone.l: (Use additional pages if ncc�s:iry.) NAME Nunbers COMPLETE MAILING 1D. a S5 (Street, Route, Box, PARCEL TAX MAP a m V WO.5'se - cn� XLlee '4 � _ z — I �b o a v'e - - - �c AJCJo n h/e/k eit/i�nUS ---- .rf ��G v 1Z . 7 1 (NOTE: Information may be obtained from the Office of the Commissioner of Revenue.) 7. The following information is attached to support this application j�e�¢S� t3e 4- ��l�fc',ded cS/serc d a XJeQ fVj C-1/ DJ U'/ st 0 A . (Use additional pages if necessary.) 8. (a) Attached is a copy of a LOCATION MAP ..... SCALED 1" = 2,000' (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines SIGNATURE OF APPLICANT: MAILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc. NUMBERS.) -71 f.o.r. o.f.f.i.c.e u.s.e o.n.l.y PLANNING COMMISSION PUBLIC HEARING RECOM2%1ENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) _D Approval F] Denial COUNTY ADMIN. (signed) ZONING MAP AMENDMENT PETITION No. 001-•77CJ�/i� Albert A. and Margaret L. LEE A- 2 to R- 1 Location Please refer to attached map. Proposed Use 30 to 35 single-family homes. Adjoining Land Use Agricultural. Natural Environment Geology Martinsburg Formation Shale. Soils Weikert-Berks-Blairton. These soils are not suited to septic tank and drainfield use due to the depth to bed- rock. Water The eastern slope of this property is the limit of the 100-year flood hazard area. Public Facilities Highway Route 668 is a forty -foot (40') right-of-way. Utilities Septic tank and well. The health department reports, "...Approximately 70 to 80 percent of the holes on slopes along the state road frontage were suitable soils for drainfields. The holes to the rear of this property near the wooded area and line fences were unsuitable for drainfields." 0630V(e3 Yard Requirements Lot regulations may be met. Previous Actions by Commission and Board Lots in the two and three acre sizes have been approved on Routes 664 and 660 as well as near Stonebrook. Lots in the one -acre and 70,000 square -foot size were rejected on Routes 669 and 50 West. LAND USE PLAN This project does not meet the lot size and public fa- cilities recommendations of the Land Use Plan. Staff Comment There is very little to recommend this application. The site is not near any public facilities, and none are planned. The health department review and previous experience with septic systems would indicate that these homes would be having trouble sooner or later. This application is not in keeping with the Land Use Plan; it bears no simi- larity to recent successful application, so the application cannot be supported by Plans or precedent. The conclusion is inescapable that this application is premature. PLANNING COMMISSION At the meeting of February 2, 1977, the Commission unanimously voted to re- commend that this application be denied because: a) It is not in conformity with the Land Use Plan; b) Lot size; and c) The concentration of septic sys- tems. REZONING FACT SHEET 1. Total amount for. Rezoning (acres) ................. �o T 2. Highway frontage amount (feet)....................c'��' r 3. Amount situated in a flood hazard area (acres).... r3- 4. Single-family hones: a. Total amount .............................. -n b. average lot size .................. !"�4-�,► ��.�y C. Amount of units attached .................... — d. Amount of units detached .................... e. Total unit density (per acre) ............... ! Z J 5. Multi -family homes: a. Amount of apartments .................... -- b. Average dimension of apartments (square feet) C. Average amount of bedrooms (per apartment) d. Total unit density (per acre) ............... 6. Commercial: ' a. Amount of sales area (square feet) .......... r _ b. Estimated amount of employees ............... C. Amount of parking spaces to be provided ..... 7. Industrial: Building dimensions (square feet) .......... b. Estimated amount of sewage discharge per day (gallons) ............... _ C. Estimated amount of solid waste discharge per month (tons) ..... d. Estimated amount of employees ............... e. Amount of parking spaces to be provided 8. Please individually list -- the services or amenities that will b� ,)rovided. Dell 9. Please individually list -- total Frederick County acreage in which applicant has an interest that is zoned for similar uses. Ale ale— p - DONE S Z lei R --/D 4;L- Do l-1 `l r.` ARKFEL A 08. 443-407 PO O� V w c A 5 526 48� 31� E " 714.73 4 = ` ,D 4RKFE p _ '" s u a SW 3g'39r,W . \\ 'ONES 3�0 C N 286.04 lly 0 p.g 443 ` h'h.o' POST 0 P. 407 ' m Q 'W S37•00'44•E `I.as In W N 1 IRON PIN a ;� . SQ2.33100 4s _see ��e w fo 4gc 2 Stu Zaq•2 �o rA pgP. n c cr Q� •0'�36 g�,3•2�7 0 a 25 U 3 �0 o a dw /X o � • �i'�• of , � a O ol f '+ t, p4 '� • � • Q•1 bdr,\•. PJ 6, �o� ? �� .`��o N S26 10, ?off a2.a4 Ac.PQ . d+c N47.01`365•43' _ 1 'l • o �4e. � 14 .263 9 40 ,gyp R V `SAPo .� y lb ' The Accompanying Flat is a Survey of the Southern Portion of Parcel 1 and All of larcel 2. (Less that Iortion conveyed to the Comm. of Virginia - D. B. 434 - P. 741) of the Land conveyed to Albert M. Lee and Marqaret L. Lee by Deed dated 26 March 1968 in Deed Book 340 Page 294. The said Land fronts the Boundary Lines of Route 668, and lies in Stonewall District, Frederick County, Virginia: Beginning at the intersection of the %ortheastern Boundary., An$oute 668 with the Center Line of the Farm Lane, a corner to the Arkfeld-Jones Land, running with the fifteen following Boundary Lines N 470 O1' 33" w - 85.43 ft.; thence with the Arc Line 356.33 ft. (Chord N 5?0 51' 23" W - 355.72 ft. - R. 1,750.77 ft.); thence N 580 41' 14" W - 263.)6 ft.; thence with the Arc Line 303.50 ft. (Chord N 440 29' 01" w - 300.40 ft. - R. 612.15 ft.); thence N 300 164 48" W - 121.68 ft.; thence with the Arc Line 348,70 ft. (Chord N 190 49' 49" w - 346.77 ft. - R. 955.97 ft.); thence N 090 22' 50" W - 107.01 ft.; thence with the Arc Line 107.39 ft. (Chord N 030 15' 11" W - 107.19 ft. - R. 502.10 ft.); thence 020 52' 28" E - 52.75 ft.; thence with the Arc Line 189.75 ft. (Chord 130 58' 020 E - 18H.56 ft. - R. 490.04 ft.); thence N 250 03, 36" E - 109,40 ft.; thence with the arc Line 159o26 ft. (Chord N 020 38' 38" E - 155.22 ft. - R. 203.54 ft.); thence N 19° 46° 12" W - 155085 ft.; thence with the Arc Line 289.00 ft. (Chord N 230 45' 59" W - 288.77 ft. - a. 2,071.70 ft.); thence N 270 45' 46" W - 518.17 ft. to a corner to the Retained Portion (4.53 Acre "tract); thence withthe Southeastern Line 0 of the said Other Land N 51 47, 42" E - 9.24 ft. to a post, and continuing N 510 47' 42" E - 622.94 ft., IN ALL, to a post in the Southwestern Line of the Arkfeld-Jones Land; thence with the seven following Lines of the said Land S 520 480 31" E - 714.73 ft. to a post; thence S 350 38, 39" W - 286.04 ft. to a post; thence S 370 00' 44" E - 1,547.33 ft., and continuing S 370 00' 44" E - 1,562.33 ft., IN ALL, to a point in the Center Line of the said Farm Lane; thence with the four following Center Lines 3 160 11' 00" W - 88,66 ft.; thence S 200 54' 26" W-269.27 ft.; thence S 330 'r 09' 04" W - 321.17 ft.; thence S 260 07' 07" 551.71 ft. to the beginning. err t: Containing - - 62.84 ACRES Surveyed - - - December 28, 1976 ZMAP # 001-77 ��:��trtz:t�nt zz# �1�xziiiiii� �n� �1z�;�Ia�Yxt�z�zz# H. RONAL.D BERG 9 coup- sf4u:'F". Pl..4NNiNG DmEcfoR REVIEW and CO,%tMENT EVALUATION WINCHESTER, J!i;�iNlh 2Hciot J. WILLIAM RILEY, III Z0141'41; C30= A1NINi97RATOR /k/ Frederick -Winchester Health Department, ATTN _ Paul E. Musick — /k / Department of Highways and Transportation, ATTN Reginald C. King _ Y" REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT / / SUBDIVISION ENCLOSURES: plat of December 28, 1976 (2 sheets) location map prepared by X Lee Ebert, C.L.S. PROPERTY OWNERS: Albert A and Margaret L. Lee Representative(s): G. M. (Butch) Kerns ..*..advised by copy of this form of responsibility to contact above -checked office(s) concerning this application as soon as possible. PROPERTY LOCATION: East of Brucetown on East side of Route 668, 3/10 miles North of intersection PROPOSED USE: single-family dwellings - lot size of 70,000 square feet TOTAL ACREAGE: 62.84 YOUR REVIEW and COM!',1ENTs would be appreciated no later thanJanuary 26 19 77 By: J. William Riley, III Date: January 11, 1977 FOR YOUR COMMENTS: This department has performed a rough soil evaluation on the above described property. Several holes were dug with a backhoe for my evaluation. This soil was evaluated for the purpose of determining the suitability of the soils for the installation of septic tank and drainfield systems. Approximately seventy to eighty percent of the holes on the slopes along the state road frontage were suitable soils for drainfields. The holes to the rear of this property near the wooded area and line fence were unsuitable for drainfields. FOR YOUR SIGNATURE: / ctu.� 7 �i/ �� Date: 703/662-4532 t ZI4AP i, 001--77 ,�x.e�erizf� (d�antttg picyartment of 1hanuilliq allb 6etopl tent H. RONALD BERG 9 COURT SQUAD : PLANNING DIRECTOR REVIEW and COMMENT EVALUATION WINCHESTER, viRo w ,% --. 301 J. WILLIAM RILEY. 111 ZONING CODE ADMINmrRATOR /*/ Frederick -Winchester Health Department, ATTN Paul E. Musick Department of Highways and Transportation, ATTN Reginald C. King REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT / / SUBDIVISION ENCLOSURES: plat of December 28, 1976 (2 sheets) location map prepared by It Lee Ebert, C.L.S. PROPERTY OWNERs: Albert A. and Xar?aret L. Lee Representative(s): G. :i. (Butch) Kerns ...*..advised by copy of this form of responsibility to contact above -checked office(s) concerning this application as soon as possible. PROPERTY LOCATION: East of Brucetown on East side of Route 668, 3/10 miles North of lnterz.�. n PROPOSED USE: sin-le-family'dwellin,_s - lot size of 70,000 square feet TOTAL ACREAGE: 62.84 YOUR REVIEW and COMMENTs would be appreciated no later than January 26 2 19 77 By: J. William Riley, III Date: January 11, 1977 FOR YOUR COMMENTS: This Department has no objections to this rezoning. FOR YOUR SIGNATURE: Date: 1/13/77 703/662-4532 R PC T, 1 C s •y" COUNTY OF FREDERICK - P.O. BOX 225 k WINCHESTER. VIRGINIA 22601 c 44 t ti F 1 i REAL rSTATE-1f)76 - - t ,. TICKET NO. ' K ~' OT72 v D 5 COOS OC3 — 40A — ( oo c. — 097 DESCRIPTION VALUE RATE I TOTAL TAX LEE ALBFRT A. S MARGARET L 91302.301 209.99 LU AC�RF1� LEF, ALDEPT A.&MAP' _T Le ROUTE 1 BOX 63 ', CLFARBROOK, VA. 22624 y r• Ot t, ►`^.TOTAL TAX DUE 209.94 E w• PENALTY �lr' 'INTEREST TOTAL DUE: 'N� �y•y~ DATE DUE DFC. 5, 1976 DOROTHY B. KECKLEY, TREAS. 0 Shows to whom & date delivered . . . 15C ZMAP # 001-77 Albert A & Margaret L LEE (e) & Certified Letters DATE MAILED 77 #S _ to Amy Russell General Delivery Brucetown, VA 22622 a Molden Real Estate Co 2400 Valley Ave Winchester, VA 22601 b Lynnwood Heironimus General Delivery Clearbrook, VA 22624 c Arkfeld & Jones 1760 North Troy St. # 657 Arlington, VA 22201 d Albert A. Lee / Box 63 Clearbrook, VA 22624 e REPRESENTATIVE: G. M. "Butch" Kerns P. 0. Box 153 Cross Junction, VA 22625 WILBUR C. HALL 1892-1972 THOMAS V. MONAHAN SAMUEL D. ENGLE 0. LELAND MAHAN ROBERT T. MITCHELL, JR. WALTER C. JACOB JOHN R. PROSSER WOODROW W. TURNER, JR. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL ATTORNEYS AT LAW LEESBURG, VIRGINIA WINCHESTER, VIRGINIA 3 EAST MARKET STREET 9 EAST BOSCAWEN STREET TELEPHONE 703 -777 1050 TELEPHONE 703-662-3200 January 20, 1977 Mr. H. Ronald Berg Planning Director Frederick County Board of Supervisors 9 Court Square Winchester, Virginia 22601 Dear Ron: WINCHESTER. VIRGINIA 22601 I P. O. Box 844, This will confirm that I represent certain persons who are opposed to the proposed rezoning of the Albert Lee property from Agricultural to Residential. I believe the opposition to this rezoning proposal from landowners in the area will be substantial, and it is our intention to forcefully present these objections to the Planning Commission and the Board of Supervisors. It is our position that the proposed zoning would be ill-advised, poor planning, and not consistent with the long-range planning goals of Frederick County. I have reviewed the information which was submitted with the initial rezoning application. I would appreciate it if you would advise me if and when any additional information is sub- mitted in support of the rezoning application. Thank you for your kind attention RTM:jlh to the foregoing. V y tru yours, i Robert T. Mitchell, Jr. cc: Mr. John W. Riley III Zoning Agent Planning and Development Dept. 9 Court Square Winchester, Virginia 22601 Yriai►itsar►a►♦YrawYVYYarlwwaai♦►YwiiiYiw►• #503 , CHARLES R. LOY TO DEED , ALBERT A. LEE, ET UX . raa►►►iYY►wwwr►YrrawaYwrrwYwrwrawrrw,r►r wr ' 340 204 THIS DEED made and dated this ?(,t5day of March, 1968, by and between Charles R. Loy, single, party of the first part, and Albert A. Lee and Margaret L. Lee, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said party of the first part does hereby grant, sell, and convey, with general warranty of title, unto the parties of the second part, with common law right of survivorship, all of the following described tracts or parcels of land, to -wit: (1) All of that certain tract or parcel of land containing 61 acres, more or less, together with all improvements and appurtenances thereto belong- ing, lying and being situate about one mile North of Wadesville, in Stonewall District, Frederick County, Virginia, and being the same land that was con- veyed to the said party of the first part by Russell L. Loy et ux, by deed dated April 26. 1961, and of record in the Cjer!t+c Office . ..- ha C,C,:u.: Court of Frederick County, Virginia, in Deed Book No. 270, page 171. (2) All of that certain contiguous tract or parcel of land containing 11 acres, more or less, together with all improvements and appurtenances thereto belonging, also lying and being situate about one mile North of Wadesville, along the Northern aide of Virginia State Secondary Highway No. 668, in Stonewall District, Frederick County, Virginia, and being the same land that was conveyed to the party of the first part by Linwood W. Heironimus et ux, by deed dated September 29, 1967, and of record in the aforesaid Clerk's Office in Deed Book No. 335, page 704. A reference to the aforesaid records, and to the references therein contained, is here made for a further and more particular description of said land. It in expressly stipulated that this conveyance is made subject to all applicable, or legally enforceable, easements, if any, of record affecting said land. The aforesaid grantor covenants that he has the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet Possession of the said land, free from all encumbrances; that he has done no act to encumber the said land; and that he will execute such further assurances of the said land as may be requisite. 3•410 295 Witness the following signature and seal. (Seal) State of Virginia County of Frederick, to -wit: a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certlfv that Charles R. Loy, whose name is signed to the foregoing writing bearing date of March .T:� 1968. has personally appeared before me, in my county aforesaid, and acknowledged the same. Given under my hand this .N 7y day of !(arch, 1968. Hy commission expires i) ,,Y( d. , .'k l �L— ./\ill{� Notary public VIRGINIA FREDER'CK COUt IV, Th• fnctiutt»at of writing w01 pl"'.' . t.. , : L doy of a/ ) , and wan cen.i.c....w . ,...� ..+dpraaty tMrefo otrtsr<od was adnrr►sd b tscor4 t• - f3«k