HomeMy WebLinkAbout109-73 Heltzel Estate - Backfile/C 9 - ;,_ 3
ROUTE 654 _40/R/W
562•
74' 65'
S 28.26 14„W — e,ac 5, `0„ W-g3 r�b
cHoao 533 1
R
N 33' 02' 10" E — 834.68'
O T H E R LAND
AC.
The above Plat is a Gurve'! of the '_'crtrwestern Portion of the Land con-
veyed to ."ohn D. and DF iss :icltzel by Deed dated 30 April 1041 in Deed 3ook
182 aGe 41IT. The spid 11.nroved Land fronts the "astern Bo-,mdary Lines of
Rt. 654, and lies in Gainesboro Districts Irede-rick Count•, Virginia.:
Bebinninb at a point in the Eastern Boundary Line (Arc Line) of 1't. 654,
a corner to the Glenn 2. Alt Lands runninb with the two following Er.stern
Poundary Lines.. with the Are Line - 83.65 ft. (Chord Line S 330 15 t 10" V1 -
83.56 f t,) to the r, T. ; thence S 280 26, 1I�" w - 56 P.74 f t. to a corner to
the ?etain%d Portion; thence with the two following Lines o.& the said other
Land S 360 561 57" E - 481.58 ft.; thence IT 330 021 10" r - 834,68 f t, to
a corner in tite Southern Line of the Florenco Pletchor Land; thence with the
said Lire and continuing with the !,out. --:ern Tine of the
sa id Alt Land X K9° 531 :1 -- �,97094 f t. to the beginning,
E E A. t. `, i
U
Containing - - 8.07 Acres,
c� 464
Surv^v!nd - - - December l2v 1072. �eb_LAND
Pr, e m I
JOHN M. CHIPMAN
As/OCIATB
AuzA Cone 703
TELzpHONE, 667-4049
LAW OFFICE
E. EUGENE GUNTER
THE KENT BUILDING
WINCHESTER, VIRGINIA 22601
February 22, 1973
Mr. Randy R. Perry
Zoning Code Administrator
for Frederick County
9 Court Square
Winchester, Virginia 22601
r co 26 1973
BY. /
RE: Donald A. Downes, et al, Application for Rezoning of
Real Estate in Gainesboro District Belonging to the
Estate of Mrs. John D. Heltzel
Dear Randy:
My clients, Mr. and Mrs. Donald A. es Mr. Arthur Downes, Sr..,
and Mr. James Heltz have advised me that they no longer desire
to rezone the real estate in Gainesboro District belonging to the
Estate of Mrs. John D. Heltzel. Therefore, I am withdrawing the
application for rezoning which I have previously filed with you.
Please advise the Planning Commission, if necessary, that this
application has been withdrawn.
Please advise me whether or not my clients are entitled to
reimbursement for all or part of the Eighty -Dollar ($80.00 )
filing fee. In effect, there has not yet been a hearing
regarding their application for rezoning. The only expense
the county has incurred is for the advertisement of the date
and time of the hearing before the Frederick County Planning
Commission.
Please let me hear from you at your earliest convenience.
Thank you for your cooperation thus far.
Sincerely yours,
i
J4
i
M. Chipman
JMC :bes
NO DATE
Application for Rezoning...
FREDERICK COUNTY, VIRGINIA
TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS, FREDERICK COUNTY, VIRGIN IA
I (we), the undersigned, do hereby respectfully make application and petition the Governing
Body to amend the Zoning Ordinance and to change the Zoning Map of Frederick
County, Virginia as hereinafter requested and
in support of this application, the following facts are shown:
1. The property sought to be rezoned is located at 1/2 mile south of Nain , Virginia
tx"Nw, on State Route 654x**KyVRj* 396M on the
east side of the street and known as lot (s) Number N.A.
It has a
frontage of 562.74 feet and a depth of 497.94 feet. on one side
and 481.58 feet on the other side.
2. The property sought to be rezoned is owned by: The Estate of Mrs. John D. Helt
as evidenced by deed from Avalon Orndoff and Goldie L. Orndoff , his wife
recorded in Book 182 , Page 414 Rt}klgcgitx xxx
Applicants have a Contract to purchase the said property (See
3. It is desired and requested that the foregoing property be rezoned attached copy)
FROM TO
A-2
4. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear,and the property in front of (across street from)the property sought to be
rezoned:
NAMEtSTREET ADDRESS
(a)Florence Fletcher dqe Rd. , Nain ,
Va.
(b)Glenn E. Alt Hunti in Rd. , Nain,
Va.
(c) Bessie DeHaven HiiitinaRiri�d. Nain,
Va.
(d)Alfred B. Brannon Hit,. .ink RiaaP Rd. ,Nain,
Va.
(e)Robert W. Combs Hiln t ing Ridae_Rd. , Nain,
Va.
(f)(The remainder of the property adjacent to that sought to_be
(g)rezoned is part of the Estate of Mrs. John D. Heltzel and
is
to the Contract of sale to the Applicants.)
(h)subject
(i)
(Use reverse side if necessary and look up the names in the office of
in the Courthouse, if they are not known.)
1
J
1 4
5. It is proposed that the property will be put to the following use:
Operation of an aluminum fabrication anu plate glass business
including storage under cover of plate glass ana the sale of
glass and aluminum products.
6. It is proposed that the following buildings will be constructed:
A shop, storage area and display room/office will be housed
in one building with approximately 6000 feet of floor space.
7. It is proposed that the following setbacks and offstreet parking provisions will be made:
The building will be located a minimum of 10 feet from
the right-of-way of State Route 654. There will be a minimum
of 6 parking spaces. The display room will be less than
600 sy . feet.)
g. Attached is a copy of a Vicinity Map.
TO THE BOARD OF SUPERVISORS
Si ature �fppl a9t �
Address of Applicant
This petition for rezoning property within the jurisdiction of the
was held on
of was received on , a public hearing
, and the Planning Commission wishes to make the following
recommendations to the Governing Body.
PLANNING COMMISSION
By
Secretary
ACTION OF THE BOARD OF SUPERVISORS
On
on the attached petition for rezoning:
the Governing Body took the following action
Delmer Biayliss Reurlty Co.
------------
445 N. Carrer 7 cet
Gth No-f caber 72
Oht8 miff rad made and dated this , . _ _ ___--- !lay cal _--- - _-- - - -- __ _- _, 1'r :.._ _ by alid
between-_ EWIVlI1a .iatata trT1111120/ J• HeltZ61 s �Administrator (heremnfter referted to as the Seller)
Wd_.D*MU Ao ant' Martha Z,Rownes end Arthur Downtta, St'• (hereinafter referred toasthe Buyer)
and DELMAR A. BAS'L1SS il, reinafter referred i., o the Agent)
WITNESSETH, urat lot and in consideration of pne $t3 Idlild _.. _ Dollars (S1wo00
by (cash -check) receipt of which is lw(el., ackmou, ,'LI Yd, lepostt on purchase price. , Iler agrees to sell and Buyer agree; to buy
throu agent at a total purchase price w ' ftuvtT Ave.��. _ __.__.___._T.........—.. Dollars LOW
a ash e r s t fQQr �}��. ��}1ee ��lllltrw: I �r r• Itw,� 1 •s � ih • es r�d�
P y O v�Ma1>Q ]PAW �? it 61"Wkw pT►11O y k 3ZJ_ �M I nose
or loss Uim a tiwte_ spro:. liYn-t4ft__e Q'5A6 off' ola� tlj_ai_1• emu
of Gain g t h* oapt si" of RM1141 6549 aaisosboro D11111U4011. 7"ideriak --
Payment of balance of purchase price amounting
DoUm ($3MMs and proposed date of closing and settlement are as follows:
Tlaliaooa�rao� oanbin�*a� bunre b•l" poraittod to emt buildin
for an altKillsw fabtrioaU ► sold glass b"iaess sad to O"Ot
rst MOO 14 T*27 t01000 Dot* bo a,Oiyami mod 'h adios. -Silks
--fite
--- -
OgMes to giw_90 day pa tod frm ooatraai 0_ o r 3ror pour iii -
abOTO ao�►tilell thwo�. _._---_.--.-
Seiler agrees to convey the above property by tender to Buyer, at Agent's office, not later than the closing and settlement date.
of a general warranty deed and with good record title (hut subject to any casement, rights of way, or restrictive covenants now of
record) with the following exceptions, if any:
This aoatraob omislaM t upon no p"went rights-of.-wq tbrsudb this
Prop i epiioa of adst3ng power
This property is sold free of encumbrance unless herein otherwise specitied. If the buyer notifies seller of any objection, not
excepted above, to the record title of said property as the result of title examination by a qualified title examiner, Buyer shall have the
option of declaring the sale off and receive a refund of said deposit, unless the defects are of such character as to be readily remedied,
but the seller and agent are hereby expressly released from all liability for damages by reason of any defect in the title. In case steps
are necessary to cure such defects in title, such action must be taken by the Seller promptly and, if necessary, closing and settlement
date shall be postponed accordingly. If such defect cannot he cured within a reasonable time, then the sale shall be declared off and
said deposit shall be refunded to Buyer,
If either F.H.A. or V.A. financing is involved in this transaction, one of the paragraphs on the reverse hereof shall be a part of
this Contract of Purchase if such paragraph has been executed by both Purchaser and Seller.
Seller agrees to pay costs of the deed to said property, all necessary taxes on deed and costs of curing the aforesaid defects in title,
if any.
Examination of title and all recording charges, including those for purchase money trust, if any, ate to be at the cost of the
purchaser who hereby authorizes the undersigned agent to order the examination of title, provided, however, that if upon examination,
the title should be found defective and unremedial, the seller hereby agrees to pay the cost of the examination of the title.
This Contract of Purchase shall be construed, interperated, and applied according to the law of the State of Virgnia and shall be
binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties.
Real estate taxes, water and sewer charges, insurance, rents and interest shall be adjusted prorata between Buyer and Seller as of
the closing and settlement date.
All risk of loss or damage to the property by tire, windstorm, casualty, or other cause is assumed by Seller until the date of
tettlement.
In the event Buyer defaults with the terms of this contract on the closing and/or settlement date, he shall, in addition to being
subject to his other legal liabilities, forfeit the aforesaid deposit tothe Seller.
This Contract of Rrrchase constitutes the entire agreement among the parties and may not be modified or changed except by
written instrument executed by all of the -parties, including Agent.
P�jas,reer resents that an inspection satisfactory to Purchaser has been made of the property, and Purchaser agrees to accept
the procondition except as may be otherwise provided herBy,�,arIey isOf
all costs involved w' t t x
Buyer shall require possession on_.--
_ _.
Sefer agrees to pay to Agent in cash for his services a commission or—___ on the sale price of the above realty; but �l de•
fault, as set forth above, be made by Buyer then Seller agrees to pay to agent out of the above deposit a commission of
i♦++1IPSO the following signatures and seals to this Contract caeculed ui triplicate, each party holding a copy thereof,
the day and year first above written. We, the umiersigned, hereby ratify, accept :Ond ut�rr- i�� th ah„ve memurar}gum o! •ale :,nd ack-
nowledge it to be our contract. at _
IJ
D/ LAU
Purchaser
J
t SL A I-) �%T! >' f, % LSeller _ )
Purchaser
(SEAL.) — tti1-.AL►
Seller Agent
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