HomeMy WebLinkAbout001-94 Negley Construction - B-3 to B-2 - Stonewall District - BackfileRECEIPT.
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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
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410 f
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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
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\ \ 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
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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
...........
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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
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Poly Processing CO., Inc
4009 Old Sterlingston Road
Monroe, LA 71203
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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:
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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),.
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n t'°;;�� I:::x><r.}N C:t:)Fer�'t:)r�n•Y•:I:t:)N
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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