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HomeMy WebLinkAbout001-94 Negley Construction - B-3 to B-2 - Stonewall District - BackfileRECEIPT. N2 024006 AMOUNT DUE AMOUNT PAID BALANCE DUE W PAID BY ❑ CASH CHECK ❑ OTHER FREDE _; .:.. , PLANNING AND DEVELOPMENT P.O. B ,.. ! ST. WINCHESTER, VIRGiNIA 22601 DATE " RECEIVED FROM 1. ADDRESS`` Ij so THE SUM OF —.__ ` f - 1"' ` -�-� DOLLARS $�,._ F� FOR ! ABY DAYTIMERSHE ORDER No. 3221—Primed in USA REZONING CHECKLIST The application is not complete if the following are not present: SUBMISSION PACKAGE 1. Comment sheets from the following agencies along with any marked copies of the plan: VDOT ✓ City of Winchester Co. San. Auth. Co. Health Dept. Inspection Dept. Parks & Recreation ✓ Fire Marshal Airport Authority County Attorney ✓ Co. Engineer ✓ 2. Application form 6. ✓ Taxes paid statement ✓ 3. Location Map 7. ✓ Sign received ✓ 4. Survey 8. ✓ Fees paid ✓ 5. Deed 9. 1� Impact statement 10. Alta Proffer statement TRACKING Application Received Fees paid (Amount7�(o2, SQ ) Adjoiner notifications mailed for PC public hearing Rezoning heard by PC (Action ) Memo to BOS re: date for public hearing Adjoiner notification mailed for BOS public hearing Rezoning heard by BOS (Action 4"t() Ordinance of amendment with conditions proffered prepared for County Administrator's signature Zoning map amended Rezoning records updated s May 12, 1994 Colony Realty Attn: Matt McHale 112 N. Cameron St. Winchester, VA 22601 Dear Matt: COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 11, 1994. Rezoning application #001-94 of Negley Construction was approved to rezone 2.5 acres from B-3 (Industrial Transition) to B-2 (Business General) for uses allowed under B-2 zoning. This property is located off of Route 11 (Martinsburg Pike) on Welltown Road, in the Stonewall District, and is identified as PIN 43-A-52. If you have any questions regarding the approval of this rezoning, please feel free to give me a call. Sincerely, ma's' Kris C. Tierney, AICP Deputy Director KCT/slk cc: Paul Negley 9 North Lolldolln SU-cct P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 0 P/C review date: 4/06/94 BOS review date: 5/11/94 REZONING APPLICATION ,#001-94 NEGLEY CONSTRUCTION C/O Matt McHale To Rezone 2.5 acres From B3 (Industrial Transition District) To B2 (Business General) LOCATION: Off of Route 11 on Welltown Road, behind Days Inn and Econo Lodge MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-52 PROPERTY ZONING & PRESENT USE: Zoned B3 (Industrial Transition District), present use - vacant ADJOINING PROPERTY ZONING & PRESENT USE: M-1 (Light Industrial) and B-2 (Business General); land use - industrial park, motel, gas station, and Blue Flame Gas Co. PROPOSED USE: Uses allowed under B2 zoning REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to the rezoning of this property. Before development of this property, this department will require a complete set of construction site plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation Manual, 4th edition, for review. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Posted fire lanes required at all fire hydrant and siamese connection locations. Fire lanes may also be required on buildings in accordance with B.O.C.A. Building Code. See attached letter, dated February 9, 1994, from Doug Kiracofe, Fire Marshal, to Matt McHale, Colony Realty. Sanitation Authority: Water is available. Sewer will be provided by the City of Winchester. City of Winchester: No comment. County Engineer: We have no comments at this time. A Page 2 Negley Construction thorough review will be made at the time of site plan submittal. PIANNING Location: The property is within the UDA and adjacent to an interstate interchange area and an existing industrial park. Site Suitability: The property is generally level and open. The site to be rezoned has frontage on Route 661 (Welltown Road). Water and sewer are available to the property. Potential Impacts: There would be little anticipated impact to the area resulting from the proposed rezoning. The County Impact Model indicates that the anticipated costs for the portion of Fire and Rescue services not already funded by the County would be $1,331.09 for this site as presently zoned. The cost for the site under B-2 zoning would be $1, 376. 76. This an increase of roughly $45.00. STAFF RECOMMENDATIONS FOR 4106194 PC MEETING: Given the lack of anticipated impact of the rezoning the staff recommendation is for approval. PLANNING COMMISSION ACTION SUMMARY OF 4106194: The Commission felt there would be little impact to the area as a result of the proposed rezoning. There were no citizen comments. PLANNING COMMISSION RECOMMENDATIONS OF 4106194: The Commission voted unanimously to recommend approval of the rezoning. (Mr. Light abstained due to a possible conflict of interest, Mr. Romine was not present, and Mrs. Copenhaver had left the meeting.) 0 AMENDMENT FREDERICK: COUNTY ZONING ORDINANCE ACTION: Planning Commission: Recommended Approval - APRIL 6, 1994 Board of Supervisors: Approved - MAY 11, 1994 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #001-94 OF NEGLEY CONSTRUCTION, INC. WHEREAS, Rezoning application #001-94 of Negley Construction, Inc., was submitted to rezone 2.5 acres from B3 (Industrial Transition) to B2 (Business General) located off of Route 11 on Welltown Road, in the Stonewall District, and designated by PIN 43-A-52. WHEREAS, the Planning Commission held a public hearing on this application on April 6, 1994; and WHEREAS, the Board of Supervisors held a public hearing on this application on May 11, 1994; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.5 acres from B3 (Industrial Transition) to B2 (Business General) located off of Route 11 on Welltown Road, in the Stonewall District, and designated by PIN 43-A-52. 0— _4 1 This resolution was approved by the following recorded vote: Richard G. Dick -&ve _, Jimmie K. Ellington Ave W. Harrington Smith, Jr. Aye _ James J. Longerbeam Aye Charles W. Orndoff, Sr. Ave _ Robert M. Sager Aye This ordinance shall be in effect upon its passage. Passed this 11 th day of May, 1994. A COPY ATTEST t John �. Riley, Jr. Frederick County Administrator ZCK W � F\RE ascuE VIRGINIA Thomas W. Owens Director 0 0 Mr. Matt McHale c/o Colony Realty 112 N. Cameron Street Winchester, VA 22601 Ref: Negley Construction Rezoning Dear Mr. McHale: COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 9 N. Loudoun Street, 2nd Floor Winchester, Virginia 22601 February 9, 1994 Douglas A. Kiracofe Fire Marshal I have reviewed the information submitted for rezoning Lot #2 of Negleyland. This is the fifth time I've reviewed this property for various rezonings, subdivisions, and site plans. With each review, the placement of hydrants on this site has become an issue as fire protection is severely lacking. The site plan for Lot #1 was approved based on incorrect information submitted to this office in January of 1992. Attached is documentation from the Frederick County Sanitation Authority and the Public Utilities Dept., City of Winchester that public water service is available to this site for domestic use and fire protection. The lack of hydrants on Lot #1 is to the detriment of fire protection and will increase the hazards associated with fire suppression efforts should the need arise. Through all of these processes, the first commitment this department has seen towards placing hydrants on this site, is on the "See's Mercedes Benz" site plan. That site plan is now being processed and its approval is subject to this rezoning to meet buffer requirements. Should a revised site plan be submitted after this rezoning is complete, the applicant, the owner, the engineer, and any potential purchaser must understand that no site plan or further development of this site will be approved by the Fire and Rescue Dept. unless adequate hydrant coverage is provided in accordance with Frederick County Chapter 10. Further, the hydrant shown on the existing site plan must be in place and in service prior to a Certificate of Occupancy being issued. DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682 L� Mr. Matt McHale February 9, 1994 Page 2 The current site plan shows a 1" domestic water line to the See's Mercedes Benz Building. If a spray painting operation is anticipated in this facility, a 1" water line will not be adequate to supply the sprinkler system that will be required in a spray painting booth. I would suggest an evaluation of future water needs in the building prior to installing the domestic water line. In closing, comments from Clear Brook Volunteer Fire and Rescue Company are to be considered addendums to these comments. While I realize, some of the issues I've addressed here are not related to the rezoning application, the issue of hydrant coverage on this site has been a frustration since the first review in August of 1991. Through this correspondence, all involved parties will know the position of the Frederick County Fire and Rescue Dept. know. Should you require additional information, please let me Sincerely,_ Douglas A. Kiracofe Fire Marshal DAK:jlc Attachments: Site Plan Comments 02/19/92 Memo to File 05/20/93 Letter to Planning Commission 06/28/93 F.C.S.A. Letter 07/06/93 City of Winchester Letter 07/12/93 Memo to File 09/17/93 CC: Frederick County Board of Supervisors Frederick County Planning Commission Kris Tierney, Deputy Director Planning Dept. Paul Negley, Owner "Negleyland" John C. Lewis, Engineer "Negleyland" File REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number Submittal Deadline PC Hearing Date Date Received Application Date BOS Hearing Date .P'13/9(/ The following information shall be provided by the applicant: All parcel numbers, tax map numbers, deed book pages and numbers may be obtained from the Office of the Commissioner of Revenue, 9 Court Square, Winchester. 1. Applicant: j Name: /Vk bLE `/ /L0lu5Tkj,4G7; Address: 6/6) C✓a rnl vvj S4-R EET n c- (�& s4--Q4- VA z Zia l Telephone: 1. 2. Owner: 7_ Name: Al&(9- LLy Address: �� �U unLL£' Telephone: In addition, the Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 5 • 0 3. Zoning Change: It is requested that the onin of the property be changed from '.3 to — 4. Location: The property is located at (give exact directions): S. Parcel Identification: 21 Digit Tax Parcel Number: 6. Magisterial District:-�/%�Zf/i�G�� 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: ��� Acres The area of each portion to be rezoned to a different zoning district category should be noted: Acres Rezoned to Acres Rezoned to Acres Rezoned to Acres Rezoned to Frontage: r�Sl)D Feet s F o Depth: 01 J . a4 Feet i RRe- s. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: C1Wf,&&119 AW17, Zy Deed Page: � JI Deed Book Number: 74 pZ 2.1 37 9. Proposed Use: It is proposed that the property will be put to A the following uses. DEFT. OF (ilAND DEVI-J�:PjIL.W. 10. Checklist: Check the following items that have been included with this application. Location map ✓ Survey or plat �`— Deed to property Statement verifying taxes �— Sign receipt Agency Comments Fees Impact Analysis Statement Proffer Statementc� 11. Signature: I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: =' Owner: 12. Representation: If the application is being represented by someone other than the owner or application and if questions about the application should be directed to that representative, please list the following. / Representative's Name: Representative I s Phone Number: 7 • is ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the fol- lowing information on each adjoining property including the 21-digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name Address and Property Identification 1 Winchester North Inc. Address: 1.1841 Canon Blvd. New Port News, VA 23606 Property ID: 43000 A000000O00000500 2 Penbern Winchester Address: 1509 Martinsburg Pike c/o Days Inn Winchester, VA 22603 Property ID: 43000 A000000O0000050A 3 Paul D. Muldowney Address: P. 0. Box 478 Hagerstown, MD 21740 Property ID: 43000 A000000O00000510 4 North Stephenson, Inc. Address: 1800 Martinshurq Pike Winchester, VA 22603 Property ID: 43000 A000000O00000530 5 Emma S . Duncan i Address: Rt . 8, P. O. Box 698 Winchester, VA 22601 Property ID: 43000 A000000O00000990 6 Poly Processing Co., Inc. Address: 4009 Old Sterlingston Rd. Monroe, LA 71203 Property ID: 430000190000000000170 7 Lenoir City Co. of VA Address: P. O. Box 117 Boyce, VA 22622 Property ID: 430000019000000000020 8 Paul D. Muldowney Address: P. O. Box 478 Iiagerstown, MD 21740 Property ID: 430000020000000000A0 9 Johnson's Exxon Corp. Address: P. 0. Box 53 Houston, TX 77001 Property ID: 430000-A0000-0049 10 Address: Property ID: 0 IMPACT STATEMENT A. The site is relatively level, open, and undeveloped. It is not in the 100 year flood plain. The soil type at the site is 32B (Oaklet silt loam), a well —drained soil with 2 to 7 % slopes. One would not suspect any bedrock conditions which would create construction difficulties or hazards. B. There are no residences on any of the adjoining parcels To the South is a motel & a gas station. To the Southwest is a M-1 Industrial Park. To the North is North Stephenson, Inc. To the East is Interstate 81. C. Traffic: Rezoning from B-3 — B-2, no expectation of increased traffic. D. 1,000 gallons of sewage conveyance has been deeded with the land by Cloverdale, Inc. This is part of the City sewage allotment that was worked out with the motel and is of record in the City. E. Water supply: To be supplied by County. F. The property drains generally toward Route 661 to be handled by a storm water management pond per site plan. Rezoning #001-94 PIN: 43—A-52 Negley Construction IN��fts G0° 4�5g 5' 5 00017�2 E �� 56. LOT I \ 5.969 ACRES ti < R 410 f R�4Q Q 0$\ o 0 AREA TABULATION x AREA LOT I 5.9F? ACRES HiRS -, AREA LOT 2 2.500 ACRES no. 1/S5 STREET DEDIC. 0.475 ACRES TOTAL AREA 8.944 ACRES 4yo suFNV FURSTENAU SURVEYING r� 4 �o s Iry Y S 52'41'34" E ss 105.44' F F ��1 S 12°47 ' 0_0"W,. 33. 00 ' 10' PRIVATE SEWER -00(51 s S�F 61 ESM'T, O�p;p 6'6> �O�` �L Vol \ \ 5C' BRL ,� —2.J 00 AC' T 50' 8RL-� -- \ `g �� •o' C' `6) e� N 08'43'3D _ N l t°38'45" E N 13°33' 18"E N 1 1 c'38' 45"E N 10°30' 00"E 9 B.I 3' �.4 100.06' : 150.08' — 3 600' 9.99' WELLTOWN PIKE ROUTE 661 DATS: JUNE 4, 1993 SCALIE: = 120' OWN. ov: 0 0 N V Q N 1 I FINAL PLAT NEGLEY LAN STONEWALL DISTF FREDERICK COUNTY, VIF STEPHENS CITY, YIRGINIA 22655 2OF3 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 April 27, 1994 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: NEGLEY CONSTRUCTION Rezoning_ Application #001-94 to rezone 2.5 acres from B3 (Industrial Transition) to B2 (Business General) for uses allowed under B2 zoning. This property is located off of Route 11 on Welltown Road, behind Days Inn and Econolodge, in the Stonewall District, and is identified as PIN 43-A-52. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of May 11, 1994, at 7:15 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t t the attached correspondence w� mailed to the following on April 27, 1994 froiWhe Department of Planning and elopment, Frederick County, Virginia: 43 Poly Processing Co., Inc. 1,401:; 1-1, a:NC: 4009 Old Sterlingston Road NI W1 , VA Monroe, LA 71203 l::.l:::'td�:<4:::1��:t� ttii:l:t�!(:;i••ilii:t?'i'.:::f�: 2:' 111}1.•" !•'16�(YE::fC;3'Y't3sx�i�! , i•iI} .. rtili:31-4.1••l..I;:'s"t'i:::l��'!••iiii:i�l:i,t:3i`.I, :;:i;!i::.. 2260*3 i:);.1N?::(�itiis lc:1-Si•'i:`� ;:'s.. ;!�:i.t}:E. l:::X)::i�•1i...1... I'iX} dal'"'Y' : :I.f:?C}:..`. ..,::s:'i0 4... Emma S. Duncan Route 8, P.O. Box 698 Winchester, Virginia 22601 "4•'3 F'C)L,.Y ':;:i;iia:hlin :I:NC1 VA. STATE OF VIRGINIA COUNTY OF FREDERICK C,X f'y t:r ........... rtr.il+i V5 iji:::tNl...EKY V1.1...i_.I::: Y Vr'a" e:,+ey, Negley Construction Attn: Matt McHale 112 N. Cameron Street Winchester, Virginia 22601 "...... Kris' C. ie ne , D e p u t cfor Frederick C my De f Planning I, Renee' S. Arlotta n e:; 2 , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated April 27, 1994 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 27 day of April ,1994 . My commission expires on August 31, 1995 i NOTARY PUBLIC I 3. Zoning Change: It is requested that the zoning of the property be changed from 9 •3 toj 4. Location: The property is located at (give exact directions): 1771Z S. Parcel Identification: 21 Digit Tax Parcel Number: 6. Magisterial District: 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: o` Acres The area of each portion to be rezoned to a different zoning district category should be noted: Acres Rezoned to Acres Rezoned to Acres Rezoned to Acres Rezoned to Frontage: Sod Feet S p In Depth: . a� Feet Re L,( S. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: c to a 41,11g- Awln Zv Deed Page: C 1 3,6 Deed Book Number: -7v o2 3 Ll ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the fol- lowing information on each adjoining property including the 21-digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name Address and Property Identification 1 Winchester North Inc. Address: 11,941 Canon Blvd. New Port News, VA 23606 Property ID: 43000 A000000O00000500 2 Penbern Winchester Address: 1509 Martinsburg Pike c/o Days Inn Winchester, VA 22603 Property ID: 43000 A000000O0000050A 3 Paul D. Muldowney Address: P. O. Box 478 Hagerstown, MD 21740 Property ID: 43000 A000000O00000510 4 North Stephenson, Inc. Address: 1800 Martinsburg Pike Winchester, VA 22603 Property ID: 43000 A000000O00000530 5 Emma S. Duncan Address: Rt. 8, P. O. Box 698 Winchester, VA 22601 Property ID: 43000 A000000O00000990 6 Poly Processing Co., Inc. Address: 4009 Old Sterlingston Rd. Monroe, LA 71203 Property ID: 430000190000000000170 7 Lenoir City Co. of VA Address: P. O. Box 117 Boyce, VA 22622 Property ID: 430000019000000000020 8 Paul D. Muldowney Address: P. O. Box 478 Hagerstown, MD 21740 Property ID: 430000020000000000A0 9 Johnson's Exxon Corp. Address: P. 0. Box 53 Houston, TX 77001 Property ID: 430000-A0000-0049 10 Address: Property ID: LV 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 March 23, 1994 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: NEGLEY CONSTRUCTION Rezoning Application #001-94 to rezone 2.5 acres from B3 (Industrial Transition) to B2 (Business General) for uses allowed under B2 zoning. This property is located off of Route 11 on Welltown Road, behind Days Inn and Econolodge, in the Stonewall District, and is identified as PIN 43-A-52. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of April 6, 1994, at 7:00 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties wishing to attend this meeting may do so. Sincerely, �" ..✓' ' .f V ,.fir'"'• Kris- C. ,Tierney; AICP... Deputy Director KCT/dc 9 North Loudoun Strcct P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t the attached correspondence w mailed to the following on March 23, 1994 frore Department of Planning andelopment, Frederick County, Virginia: - - Emma S. Duncan 4:3 A 11`512 Rt. 8, P.O. Box 698 NGiaYl...EX t:C)N;i)'T'P�t.lC.'.'T':CC)i`!, :I:N(:Winchester, Virginia 22604 A . tw.^ �nl t rV Y AVr*•NLJ1: WW.I.Pat'.!-tl::.t:1'Y'la.lti, VA.. 43 W:I:N('JI••1GE::E3'Taii:f� s'�!C)E�'1'I••1, :I: NC:.. 1A.6 41. 61AC:)N X-ALVX) N1:*:WF:1(:)R T' NIi M13 , VA i .X)6 13 .T.IN, 4:3 A I�il.11...X}(:)WNIi::Y , F°'6•ll.)1... X) .. rtlA 0.. X:;C)X 4"7(i) 4,i I Ift(Yt:::iti >'T't:)tJN, MX) N(:)1��'T'i••I ;i)'Y'liia'�'t-IF.::N::3t:)N, :I:NC; r•�'a:t<1:::� �.t:)c�<) �tr•,h:•T•:cN::�x:<(.!rwt:Y VA 4:$ A 99 XX.JNCFlN , Ei:i° Mo (i> .. 1:� DUNC AN .'J.0j. l:X):iif�l».1.. RX) F1f^'T' :i.ci)Ur.Y. t11...I:X(1NX)P::l:da, VA :y•>.:�iC)�4_ Poly Processing CO., Inc 4009 Old Sterlingston Road Monroe, LA 71203 4.:5 3. If LX:.N(.).1:R (:,%3:'T'Y (.:(.)• F1ANY . X:)Y(::l::: I VA Ei:XX(:)N c.C){"tr't�F;fira:taN w 4Z A 49 Matt McHale 112 N. Cameron Street Winchester, Virginia 22601 Kris Ti ey eput D' or Frederick Coun y De Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing,dated March 23 1994 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 23 day of March 1994 My commission expires on August 31, 1995 1.01 / / On., PUBLIC- COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 February 16, 1994 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: NEGLEY CONSTRUCTION Rezoning Application #001-94 to rezone 2.5 acres from B3 (Industrial Transition) to B2 (Business General). This property is located on the east side of Welltown Road, north of the intersection with Route 11, in the Stonewall District, and is identified as PIN 43-A-52. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of March 2, 1994, at 7:00 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Kris C. Tierney, Al Deputy Director KCT/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify th the attached correspondence wa ailed to the following on February 16, 1994 fro*e Department of Planning and DO-lopment, Frederick County, Virginia: 4:.3 1.1i' S.'T 4"'1 (1 ; iA? i:: C}i_.Y F 9'@(:}i::G:::3tE3 a: Ni:r t:;t:) INC" NEX4.1...1:::Y TN(:: 1.tr, i. MCICA-11i:E:C: Tkx) AV1iE:N1.n::: LJ:rt•!t::i n :;Ei i°lii:f:, VA W:I:Nt:N•111-:;:3•r•.r:fa, VA., W :I: Nt:`.I••(t-:;E3'Y'IEE:I�i Nt:)I'�''f 1••I , :I: NC. „ X.11...VX) N1:.AJF'('.)R'):' NI-:WFa, Vet 3606 i•�'fE:i+tXiaEE:P�N W:CN(:,I••1tE::;E3'Y'IEi:N� X)AY9 INN W:I:NCa-1i:::w3r'Ia'4, VA. 4*13 1.9tJI...1)C)WN1:::Y , F'A J1... X) 1Ir,tYl-:1'�53'Y'(:}WN, MX) 4,13 Fi3'1'I:::F%-11i::N8)taN, TNT C; 1.tE3{}U i°fli'�'Y•:i:N�i3X:<FJFitY f•�':f.Ks:::f 99 (:;/(� i1X:C:llftifiX) Pti X)t.1NC"e1N M.()i EM13At...l... rzx) (AV-T IC30Y2 l•11...I::XANX>R]:A, Vet - .'.:. 04 . Emma S. Duncan Rt. 8 P.O. Box 698 Winchester, Virginia 22604 STATE OF VIRGINIA COUNTY OF FREDERICK A Poly Processing Co. , Inc. 4009 Old Sterlingston Road Monroe, LA 71203 C,:I:'i'Y (:,C)MF'fiNY 4 :rit:)YC)i:::, VA 4 s 13 A M(11_.X)C)WNI:•::Y, F'A J1... 1),. F' 0. X*.46X 4••YF:} I le'�tY1-.I.c`r'Y'C)tdN I MX) , n t'°;;�� I:::x><r.}N C:t:)Fer�'t:)r�n•Y•:I:t:)N Fl C.) . X•:aC}x ; 3 1••1(:) 'n3'Y'C)N I '1'.1-:){e1Si3 2 4:ii h •'bpi' Matt McHale 112 N. Cameron Street Winchester, Virginia 22601 is C. T' rnyt y, eputy r Fr erick un Dept. lanning I, Rpnee' S. Arlot , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated February 16, 1994 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 16 day of February ,1994 My commission expires on August 31, 1995 .RFnFRI(:K is ST2fWALL . DISTRICT SECTION 4 INSERT COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0127941067 Date Received 012794 Date Reviewed 020894 Applicant Name Negley Construction Address 1650 Valley Avenue Winchester, VA 22601 Project Name Rezoning Phone No. 703-665-2792 Type of Application Rezoning Current Zoning B-3 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate Not Identified X Fire Lanes Required; Yes X No Comments Posted fire lanes required at all fire hydrant and siamese connection locations. Fire lanes may also be required on buildings in accordance with B.O.C.A. Building Code. Roadway/Aisleway Widths; Adequate Inadequate Not Identified X Special Hazards Noted; Yes No X Comments 9?F��0 Continued - ti O or �) �9 r CJ Hydrant Locations; Adequate Inadequate Siamese Connection Location; Approved Not Approved Not Identified X Not Identified X Additional Comments: 1) See attached letter with copies of correspondence. 2) Rezoning request approved. Review Time 4 hrs. Douglas A. Kiracofe Fire Marshal Ut-+ LOITY OF FREDER I CK , V I RL I N I• FIRE MARISHAL'S OFI=ICE LAND DEVELOPMENT COMMENT Control No. OE199� 0141 Date Received 010392 Date Reviewed 021992 Applicant Name Lewis & Associates Address 45 E. Boscawen Street Winchester, VA 22601 Project Name Neg 1 ey 1 and Phone No. 703-722-9377 Type of Application 1st Due Fire Co. 13 Election District Site Flan Stonewall Current Zoning B-3 1st Due Rescue Co. 13 RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate X Inadequate Not Identified Fire Lanes Required; Yes X No Comments: Signage reading "No Parking - Fire Lame" required along access road and in front of any hydrants or siamese connections per Frederick: County Chapter 10. Roadway!Aisleway Widths; Adequate X Inadequate Not Identified Special Hazards Noted; Yes X No Comments: Nearest hydrant would require a hose 0411 excess of 2000' which exceeds Frederick: County Chapter 10 by 1700' . fipis w�ill hamper any fire fighting efforts on site. UH Hydrant Locations; Adequate Inadequate Y Not Identified Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: It is my understanding that the nearest public water main located at Rt. 11 N and Rt. 661 is a Winchester awned line and the owner would not be permitted to extend water to his project. This is unfortunate because if this site is approved, the lack of a nearby hydrant will hamper fire fighting efforts. It would also be cost prohibitive to ruin a water main to Rt. 11 N. I recommend the owner be required to install a hydrant at the point in time that a water main is run along Welltown Pike. This will afford protection to the proposed buildings as well as any future buildings added to the site. Review Time 1.0 hr. PLANIS APPROVED FIRES rOARSI a! , FP.ECFp11Cis< COLj1N11 y Douglas A. k;iracafe Fire Marshal COUNTY OF FREDERICK, VIRGINIA w FIRE AND RESCUE DEPARTMENT 9 N. Loudoun Street, 2nd Floor 1738 Winchester, Virginia 22601 Thomas W. Owens Douglas A. Kiracofe Director Fire Marshal M E M O R A N D U M TO: File (Nagley Property) ,i FROM: Douglas Kiracofe, Fire Marshal SUBJECT: Water DATE: May 20, 199 Spoke with John Whitacre this date regarding water and sewer service to Nasley property on Well -town Pike. The County does have a 12" water maim available on the west side of Welltown Pike that any developer can tap at their expense. This would be required for any development of that site. The sewer service to the area is via a privately owned forced main that is maintained by the City of Winchester. Sewer service to t-he site would require approval of the owners of that forced main. F.C.S.A. would be willing to supply water to tile site Lf approved drain i ieldo, are used lnstea,_I of sewer service. DAK:i10 �zs6 00 OC: pot � 3z�1 ?� O X� DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682 4�G� .j C�jOG q COUNTY OF FREDERICK, VIRGINIA w FIRE AND RESCUE DEPARTMENT ® 9 N. Loudoun Street, 2nd Floor 17,8 Winchester, Virginia 22601 Thomas W. Owens Douglas A. Kiracofe Director Fire Marshal June 28, 1993 Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Mr. Chairman and Commission Members, I am writing this in regards to Negleyland which is now to the subdivision and site plan phase of development. When I first commented on this site on February 19, 1992, I addressed the concerns of fire protection on the site. At that time I was informed that the city water main was over 800' from the property and extending it would be cost prohibitive for the owners. I agreed. After several conversations with the owner and Mr. Lewis, I have learned that the problem with water to this site lies with some rule, code, or policy out there "somewhere." Sewage to this site is in a privately owned forced main, serviced by the City of Winchester. Mr. Negley has purchased rights to this forced main and I'm told there is adequate capacity for his development. There is a water main running along the west side of Rt. 661 in front of the subject property, but it is owned by F.C.S.A. The water main becomes City owned at Rt. 661 and Rt. 11. Herein the problem. I'm told that the development cannot be serviced by water from one locality and sewer from another. At this time the owner is planning to install wells for their domestic water which would have meters installed. The City will read these meters to determine the gallonage of sewer for which to bill the occupants. This arrangement gives us no fire protection on this site whatsoever. I have asked why the County cannot provide water service, including hydrants, to this site and bill for water usage only? And if the City can read meters installed on wells to determine sewage flow, why can't they read the meters installed on the County water service for the same purpose? DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682 U i Frederick Co. Planning Commission June 28, 1993 Page 2 of 2 One proposed occupant for this property is planning to construct a Auto Body Repair Facility which is required to have automatic sprinkler protection or equivalent. Wells will not be able to satisfy this requirement so an expensive alternative will have to be considered. I realize. this arrangement between the City and County Utilities Authorities would be very unique but I am requesting it in order to provide the best level of fire protection to the site. Availability of hydrants is essential to the fire - life safety of the occupants and the fire ground safety of our firefighters. If you have any questions concerning this issue, please do not hesitate to call me. I can be available for any meeting you may request. Sin rely, Douglas A. Kiracofe Fire Marshal DAK:ilc cc: John C. Lewis: Lewis and Assoc. Wellington Jones: FCSA Jessie Moffit: City of Winchester Wayne Miller: Zoning Administrator File �� 1112 34S o� a v rn � a �m FREDERICK COUNTY SANITATION AUTHORITY POST OFFICE BOX 618 WINCHESTER, VA 22604-0618 July 6, 1993 Mr. Douelas A. Kiracofe. Fire Marshal County c f Frederick 9 North Loudoun Street Winchester, VA 22601 REFERENCE: Water Service to Negleyland Dear Mr. Kiracofe: Ph.(703) 665-5690 Fax.(703) 665-6351 With regard to your letter of June 28, 1993, concerning fire protection at Negleyland on Route 661 north of its intersection with Route 11, I submit the following: 1) Traditionally, the City of Winchester and Frederick County Sanitation Authority will not provide sewer service to customers without water service unless water service is not available. There are several customers which the Sanitation Authority provides sewer service and the City of Winchester provides water service. If the City of Winchester will allow the developer to be served by metered wells, then it seems logical they will allow a metered water service from the Sanitation Authority. 2) Regardless of the arrangements for domestic water and sewer service, the developer may extend water lines to provide fire protection. At that location, the Sanitation Authority's water system has more reliability and capacity for fire protection than the City of Winchester's system. Therefore, from a fire protection viewpoint, fire protection service from the Sanitation Authority's system should be preferred. In summary, if fire protection is needed at this site, the Authority has facilities available to provide that service. Sincerely yours, W. ones, P. E. Engineer -Director cf-. John C. Lewis - Lewis & Associates Jesse W. Moffett - City of Winchester Wayne Miller - Zoning Administrator - County of Frederick OFFICE: 199 FRONT ROYAL PIKE WATER AT YOUR SERVICE CITY OF WINCHESTER, VIRGINIA L ...G1�� / n r July 12, 1993 Mr. Douglas A. Kiracofe, Fire Marshall County of Frederick 9 N. Loudoun Street Winchester, VA 22601 RE: WATER SERVICE TO NEGLEYLAND Dear Mr. Kiracofe: Rouss City Hall 15 North Cameron Street Winchester, VA 22601 703-667-1815 FAX 703-722-3618 TDD 703-722-0782 In response to your letter to the Frederick County Planning Commission regarding fire protection for the Negleyland development, I have the following comments: (1) The development and fire protection requirements are solely the County's responsibility for determining the need. (2) When this office was approached about water and sewer service to the property, the engineer was provided with the following information: (a) sewer capacity was available through a privately owned pumping station that discharged into the City collection system. (b) water service was available through a line extension from the terminating point of the City water line. It was my decision that if domestic service was provided to the site that it should be from the City system since water was "available". (3) Considering the cost, the owner and engineer asked if it would be acceptable to provide domestic water for private wells. My response was that if the wells were metered for sewer billing purposes, I had no objection. The decision to allow this alternative did not lie with the City but whether it was acceptable to the County. "THE APPLE CAPITAL" Mr. Douglas A. Kiracofe July 12, 1993 Page 2 (4) The issue of fire protection is something that your department must make a decision on. My discussions were solely from a domestic service standpoint. A hydrant or hydrants being provided off of the County line is your department's decision and in no way affects any proposals or suggestions that have made to the developer. I am in total agreement with your concerns for fire protection and there is a means by which this can be accomplished. If you have any questions or I can be of further assistance, please contact this office. Sincerely, Jesse W. Moffett Director - Public Utilities h NTLI E pc: Wayne Miller, Zoning Adminstrator - County of Frederick John C. Lewis, Lewis & Associates A 1 COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT F%vk RESCUE 9 N. Loudoun Street, 2nd Floor VIRGINIA Winchester, Virginia 22601 Thomas W. Owens Douglas A. Kiracofe Director Fire Marshal M-E_M_0_.R A N_D U M �r FROM: -. _�� A.:_r•�:-�� ,i_t� ;v!_:."":�. r SUBJECT: Hydz:•ant. DATE: Jor'l. �t"u'T4 :--egar11Z 1-1y-3-zan - Negit=y' S Si'_.= r .-e'w-3 rt.c,emi:•t.r,6 •=a col:_, -I'd 11 _}rl Ivvg- 1 s site: .i1at r��qu��-t� Eydrants if water bet- nle. •ova -a _ . � _sac- the ;.5sui�- o wa'_t=i• ar.0i ..ILIwer Have bNel: workp.ci _ '.� irlinuhestrr al ,: F1'�c'•�_. ci (.:`u"aty ilkli,. wa-_r:^i" 3v.3=LZa- . -i :, 11. W4 1 b. 11L�` _ - -•]1"�: :.1 yla� �Vt'Ji..J•�t � .-}_f�. ivl� .Jt�41�.i _ _ _ _. �.�it_� 11 �A%11 . ,1•_t.�'_ �\ir_.f.. _ _. 1•� �ii t.l�;. - _ � .-._ail .. _ _. _ ,. _ � _.i. .. .._ ia`' DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682 OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL ----------------------- --------------------- FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions NOTES: Negley: B3 Capital Coats $342 $108 $0 $0 $0 $Q $450 ----------------------------- 0--------------------- Net Credit for Fiscal Taxes to Impact Capital Net Skit QQ,5-U Jct $259 $191 $84,240 $0 $M-0.7_ IQ $1,289,194 $89,506 $0 ------------------------------------------------------------- $1,331.09 OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation --------- 0-------- TOTAL ----------------------- --------------------- FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions NOTES: Negley: B2 Capital QQ5W $346 $123 $0 $0 $0 10. $469 ----------------------------- ------------------ Net Credit fo Fiscal Taxes to Impact Capital Net QEQ9Jt QDga IIDPart $293 $175 $95,471 $0 $M.7.5 .$.0- $1,456,534 $101,439 $0 $1,376.76 • 0 REQUEST FOR REZONING COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 r�,FEB 1994 RECEIVED :J P.i . DEPT. Of PLANNING j r: DEVELOPMENT `'��clBtiL� The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: NI=GLEy Un1STRUC-r1CM - (703) GGS- 2792. /.(o'Sb VALLEY AVENUE W INCHESTFER CIA 22.6,01 Name of development and/or description of the request: �,fi20�tIN(, OF: 2•S ACRES DI\1 STATE ROUTE %&1. FRONT S-3 -7,- B-2. Location: PE►R-Ty LCCATE> ON ROUTE (-6a- EEHItiD DAIS TNN AND If CCN0L0DGE 'T),l —r-"= STOMEVgALL_ —DISTIR�C7' A.rlp TDEMTIFIED AS GPIM 4SM)0A0000S2n. Va. Dept. of Transportation Comments: No objection to the rezoning of this property. Before developnmt of this pity, this Dep rtrTmt will requite a mmlete set of construction site plgs detai 1; M entrance des i als, draiu-,EW features, aril t-.ffic flow data frun the ITE 1Y-1p (aueraticn Thmal, 4th F-chtion for review. Any work perfomed on the State' s rip-ht-of�ov must be covered u-&r a land um rnrm i r _ 'This pe=t is issued by this office ar-d requires an inspection fee arri szety bowl coverage. VDOT Signature and Date: G J&; ,.r.., Al 23 e 2 (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN THIS FORM TO AP' NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. E JA N �1, ;. REQUEST FOR REZONING COMMENTS a; Frederick County Engineering Department 7 Attn: Director of Engineering — P.O. Box 601 Winchester, Virginia 22601 (703) 665-5643 The Frederick County Engineering Department is located at 9 North Loudoun St., 2nd Floor of the Hammon Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: NEGI.cy CONSTRUCTIpN _ C?03> 6 65- 2792. 1(,50 VALLEY AVENUE, WINcmES7'ER. VA 22(001. Name of development and/or description of the request: REZONING OF Z-5 ,OGRES ON STATE ROUTE 6G1 FROM B-3 70 13-2- Location: PR0PER1y LOCATED ON ROUTE G61, 3EHIND DAYS =704 AN b EC0N0L0b&e MM TAS STONEWALL. DISTRICT AND SpENTIFIED AS GAIN 430000A000052.0 Engineers Comments: �0- le � U.lf- v, U CCY\k"UKbA ckt cOl , A lWCC k �OV ISLJ�G�_ rW -l -wJ UJ A V �z. M v. & t 0_* ��1 � tnnsi C� C ( -� n (a. . 5Q�10A � Engineers Signature & Date. . -)q (NOTICE TO ENGINEERING DEPT.*PLEAS E ETURN THIS FOM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, impact analysis and all other pertinent information. • `�,74W-7- ) �1- r2-�t �GZ -o,3z3 REQUEST FOR REZONING COMMENTS CITY OF WINCHESTER ATTN: Planning Director 15 North Cameron St. Winchester, Virginia 22601 (703) 667-1815 `' y e 7994 Co �`� 7� e•\�Jr The City of Winchester Planning Dept. is located in Rouss City Hall at 15 North Cameron St. in Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: NEGLEV coNsTRUGT►ON - (1703)665- 2792- U50 VAL.LE'/ AVENUE, WINCNESTER. VA. Z2-GCA- Name of development and/or description of the request: REZONING OF' 2.5 ACRES CN STA-TE Ral3TE r.61 FRDM 'B-3 Ta B-2_ Location: PROpERTy LOCATED (nN ZOUTS G61a BE-A)ND -DAYS XNN AND ECOWOL.OD&E. mw THE STONF,WALL)s1STR1G7 AND =DEN"TIFIED AS 430060A0000520 City of Winchester Comments: Director Signature and Date/ (NOTICE TO DIRECTOR * PLEASE RETURN I S FORD TO THE APPLICANT. It is your responsibility to complete th�m f as accurately as possible in order to assist the agency with their review. Please also attach a copy of your plans and/or application form. REQUEST FOR REZONING COMMENTS Frederick County Sanitation Authority Attn: Engineer Director v f-�5 199 Front Royal Pike P.O. Box 618 Winchester, Virginia 22604 (703) 665-5690 The Frederick County Sanitation Authority is located on U.S. 522 South, one tenth of a mile from the U.S. 50 North intersection, if you prefer to hand deliver this review. Applicant's name, address\ and phone number: IJEGLEy Cp(1STRUGTION - �7p3) (065- 2-79Z 1( 50 VALLEY AVENUE WINCHESTER,�IA. Name of development and/or description of the request: REZON[r4& CT: 2.57 ACRES pN S7A-re G61. 't OM 'B-3 TC 3-Z. Location: IPRDPEKTy LCCA7ED CN ACUTE 661, gE.NiND -DAYS sNN AMb ECONOLCDGE TN THE AND =DENTI FIEl AS GPIN 4300LAC)CCC52-o Sanitation Authority Comments: W,4 ?FR !S S,'V1�Fis' dli/LG /3/�' /;if0V14WO I? V C-/T Y 0% Sanitation Authority Signature & Date: !l/ (NOTICE TO SANITATION AUTHORITY * R N THIS FORM 'T�O�APPLICANT.) NOTICE TO APPLICANT �•y It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. REQUEST FOR REZONING COMMENTS Fire and Rescue Squad: CONIP41Y 13 - (71)4 722-- 2073 AVID W AITACRE CHIEF CLEARBRCOK VOL. FIRE CC).,TNC PC BCX 56, CLEARBROCY,, VA 22(-3 Applicant's name, address and phone number: NEGLEY CONSjRUCTIC►A- (703) 665-2792. 1(,50 VALLEY AVENUE_ VJJM(µcST ER VA- u6>01 Name of development and/or description of the request: RE2ZM)NG Ot- Z• 5 ACRES ON STATE RCU-TE "-L FRCM B-3 TC 8-2. Location: "PRCPERTY LccATEb ON ROUTc (061� RENWNb DAYS rNN AND ECON0LoDGE `T'N -T►AEa,oNEyVALL -DISTRICT ANfl =DEr.rrIFIED AS Gp=N 43t)nnA DOOS2O Fire and Rescue Squad Comments: A/c GJadt 4 ire a;pd Rg,sque Signature and Date: ?t�- (NOTICE TO SQUAD - PLEASE RETURN THIS FORM TO THE & !4 APPLIC NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your plans and/or application form. 31 6017 BMB:ah: 06/28/91 THIS DEED made and dated this 2nd day of July, 1991, by and between CLOVERDALE FARM, INCORPORATED, a Virginia Corporation, party of the first part, hereinafter called the Grantor, and NEGLEY CONSTRUCTION, INC., a Virginia Corpora ion, party of the second part, hereinafter galled the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantee, in fee simple, absolute, all that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate along the East side of Welltown Pike (Route 661), in Stonewall Magisterial District, Frederick County, Virginia, containing 8.94 Acres, and more particularly described by survey drawn by Lee A. Ebert, C.L.S., dated July 16, 1975, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 472 at Page 467 and by this reference made a part hereof as if set out in full; and being a portion of the land conveyed to the Grantor herein by deed dated June 1, 1956, from Robert S. Boyd, of record in the aforesaid Clerk's Office in Deed Book 242 at Page 386. Reference is made to the aforesaid survey and deed for a more particular description of the property herein conveyed. This conveyance includes all of the Grantor's right, title and interest in and to the public sewer more particularly described in that certain Order entered September 23, 1982, in that matter styled FRED L. GLAIZE III, ET AL, Plaintiffs v. WINCHESTER 81 LIMITED PARTNERSHIP, ET AL, Defendants, AT LAW NO. 3904, and which is of record in Law Book 57 at Page 173, et seq., and which Order, and the Agreement as an Exhibit attached thereto, are by this reference made a part hereof as if set out in full. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property, and particularly that certain 60 ft. right of way along the Southern boundary of the subject property, to be used in common with others, and more particularly described in that certain deed dated December 11, 1964, trom the Grantor herein to Philip B. Glaize, et al, of record in the aforesaid Clerk's Office in Deed Book 306 at Page 170, all by this reference made a part hereof as if set out in full. The Grantor hereby covenants that it has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. The execution of this deed has been duly authorized by the Directors of the Grantor Corporation and nothing in the Corporate Charter or Bylaws reserves the power unto the stockholders to convey a part of the corporate real property. WITNESS the following signature and seal: CLOVERDALE FARM, INCORPORATED BY J (SEAL) ROBERT S. BOY , President STATE OF VIRGINIA, OF i,c);Na�, � , TO -WIT: I, 'Zr,ro,�J(1r tJA&U , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that ROBERT S. BOYD, who is President of CLOVERDALE FARM, INCORPORATED, whose name is signed to the foregoing Deed, dated • 37 July 2, 1991, his personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 2nd day of July, 1991. My Commission expires+ �T�P "✓�� /�9�✓ J I. NOTARY PUBLI VIRGINIA: FREDERICK COUNTY. SCT This instrument of iting was Produced to me on the _�- day of 19—U nt--S=- C-l0 Al. f and with certificate ckn 1 oI was admitted to rcc. d• Ta impo'od b' a ii s� s Oand 5E•54 have been P CLERK 3