Loading...
HomeMy WebLinkAbout089-72 Fort Collier Farms, Inc. - Backfile'-_L'-L --IV-�lLNIZ)-NN3cl 3 0 0 0 Qz 6 h N�KEY PO. 568 GO. 30 09. NOTE GIENOTES IRON P/N VENOMS POST PLAT OF LAND BELONGING TO FORT COLLIER FARMS, INC. AND MARY S. IVES The said land is situated in Stonewall District, Frederick County,.Virginia and was conveyed to said parties as follows: (1) 2/3 interest in 35' acre tract conveyed to Fort Collier Farcns, Inc . ,by deed dated January 2L, 11i05 in D.3. 307 - P. 275. (2) 1/3 interest in 35 acre tract conveyed to .'1U-y S. Ives by will of Izaac Stine in W.S. 43 - P. 39. (3) 10 acre tract vested in said parties by inheritance from Hunter .i. Stine. V leE0'Id ei. 06i. 54 i 3 ia;-j65 54-li.s tbii52 c Surveyed . . . . . . . . June 14, 1972 N C'` \� U 3 0 a 0 9 W 5 HoeKEY ifkmc , 0 Po. 568 G0 306 08- NOTE : MWOMS IRON P/N U aIENOTFS Pos T PLAT OF LAND BELONGING TO FORT COLLIER FARMS, INC. AND MAI:Y S. IVES The said land is situated in Stonewall District, Frederick County_ Virginia and was conveyed to said parties as follows: (I) 2/3 interest in 35 acre tract conveyed to Fort Collier Farris, Inc. by deed dated January 21, 1965 in D.B. 307 - P. 275. �2) 1/3 interest in 35 acre tract conveyed to :Mary S. Ives by will of Izaac Stine in W.B. 43 - 13. 39. 0 (3) 10 acre tract vested in said parties by inheritance from Hunter M. Stine. 0< V H. bAnOL t � CtRTiu�.�tE No. � 54-i'' 54-11•3 (b)162 c • %'�� .ems ��1? ,��� Surveyed . . . . . . . . June 14, 1972 0 0 Q h Liu KEY S�B G0. 306 013. NOTE: DENOTES IRON P/N onvorES Pos r PLAT OF LAND 6ELONGING'TO FOI:T COLLIER' FARMS, INC. AND "NARY S. I VES The said land is situated in Stonewall District, Frederick County, Virginia and was conveyed to said parties as foIIows: I) 2/3 i ntt rc st in 35 acre tract convcyc.:d to Fort Co I I i er Far;;is, 'I nc . by dead dated January 21, 1�)65 in D.B. 307 - P. 275. (2) 1 /3 i ntc-r-cst in 33) acre tract convc•yc:d to :4ary S. 1vEs by will of Izaac St,n,, in 64.n. 43 - P. 3,). (3) 10 acre tract vt-sted in said parties by nher i tance from Hunter ;1. at i nc . Ail r ;. " ^ Pr^ , �' :surveyed . . . . . . . .June 14, 19' 2 7 - [,'To] DATE Application for Rezoning... FREDERICK COUNTY, VIRGINIA TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS, FREDERICK COUNTY, VI INIA 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 in support of this application, the following facts are shown: 1. The property sought to be rezoned is located Winchester, Virginia as hereinafter requested, and north of north side of Stine's Lane and west side of Penn Central Railroad. See attached plat. on the 2. The propert sought to be rezoned is owned by: Fort Collier Farms, Inc. and Mary en Stine Ives as evidenced by deed from I. Fred Stine and others- dated January 21, 1965, recorded in Deed Book 307, at page 275, ,Registry of County of Frederick Will of Issac Stine recorded in Will Book 43, at page 39. ** 3. It is desired and requested that the foregoing property be rezoned FROM agricultural 0 TO 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: NAME STREET ADDRESS (a)_ Shocke_y Realty Company (south) P. 0. Box 767, Winchester (b) Penn Central Railroad (east) Philadelphia, Pa. (c) Douglas 0. Grimm (west) Martinsburg Pike,Wincheste (d) Lenoir Corporation (north) c/o Wm. A. Johnston, Esq. (e) Registered Agent (f) 25 E. Boscawen, Winchester (g) Fruit Hill Orchard (north) c/o Robert Solenberger (h) Margaret Drive, Winchester (Use reverse side if necessary and look up the names in the office of in the Courthouse, if they are not known.) 5. It is proposed that the property will be put to the following use: See copy of proposed contract on one piece of land. 6. It is proposed that the following buildings will be constructed: 7. It is proposed that the following setbacks and offstreet parking provisions will be made: 8. Attached is a copy of a Vicinity Map. Signature oRplicant Address of Applicant TO THE BOARD OF SUPERVISORS This petition for rezoning property within the jurisdiction of the of was received on , a public hearing was held on , and the Planning Commission wishes to make the following recomm,Wdations to the Goverping Body., PIL�%IN ISSION By Secretary ACTION OF THE BOARD OF SUPERVISORS On on the attached petition for rezoning: the Governing Body took the following action T-'FNN-CCIVTRAL cz �nAES t O68 i 0 A b Q o6.3w _NOTE O LiFNOTes IRON PIN rLAT OF LAND BELONGING TO FORT COLLIER FARMS, INC. AND MARY S. IVES The said land is situated in Stonewall District Frederick County. Virginia and was conveyed to said parties as follows: (1) 2/3 interest in 35 acre tract cunvcyed to Fort Collier Far:ns, Inc.,by deed dated January 2L, 1905 in D.B. 307 - P. (2) 1/3 interest in 35 acre tract conveyed to May S. Ives by will of Izaac St,ne n ($� 10 acre tract vested in said parties by inheritance from Hunter A. Stine. Surveyed . . . . . . . . Junc 14, 1972 Itiincht:stei, 'Ja: XLTH o J. "J V H. tifi�:E FDilI� x '.p,,.,-�rt a 54 i7•3 WJ65 "> 54d/3 (tiM n RECEIVED _ �. % ■ Account Total $ S _ Amount Paid S U a O Balance Due S— 'THE EFFICIENCVS LINE" AN AMPAD PRODUCT 72 THIS REAL ESTATE SALES CO';TRACT made and dated tfiis day of 1972, by and between FORT COLLIER FARMS, INC., a Virginia corporation, and NARY HELEN IVES, Parties of the first part, hereinafter referred to as Seller even though more, than one, and S. P. NUILIN, party of the second part, hereinafter referred to as Guyer. W I T tl E S S E T If: In consideration of the mutual covenants and agreements contained herein, Seller does hereby agree to sell and Buyer does hereby agree to buy the following described property under the following terns, covenants and conditions: 1. DESCRIPTION OF PROPERTY: 1.5 acres situate on a parcel of 45 acres 1;i miles north of Winchester, r►est of U. S. Route 11 and irriediately vies,, of Penn Central Railroad and north of Stine's Lane, the parcel to be defined later in a survey following generally the lines of the attached sketch with a nininum width of 200 feet. 2. PURCHASE PRICE: $4,950.00; the deposit of S500.00 the receipt of which is hereby acknowledged will be credited upon the purchase price; due on closing $4,450.00. 3. SETTLEMENT DATE: Within sixty ((0) days after approval of the Frederick County Planning Commission and Board of Supervisors of the subdivision of this property from the larger tract and permitting the use of the property consistent with the attacked restrictive covenants. Both parties agree to co-operate to secure such zoning amendment and approval of the conveyance of this property from the larger tract. On settle- ment a good and sufficient general warranty deed with English covenants of title will be delivered to the Buyer or his assigns conveying fee simplo title to the property, free from liens and encumbrances, but subject to (1) ordinary and usual utility easements and rights of way, and (2) the restrictive covenants, tl"- 1-7 Z-- • liens and agreements, listed on the attached exhibit signed by both parties. 4. TITLE: If any defect develops in the title capable of being remedied within a reasonable time, Seller shall take immediate steps to perfect title and the time of settlement shall be extended for such reasonable period; if the default cannot be remedied within such time the deposit will be refunded and neither party will have any further rights against the other. 5. REAL ESTATE COMMISSION: Each party covenants he is not liable for any commission and if any commission is claimed by virtue of any contact with either party, that party will be responsible for the defense and payment of any claim by any such real estate agent. date. 6. RISK OF LOSS AND POSSESSION: To pass on settlement 1. PRORATING PROPERTY EXPENSES: Taxes, insurance, interest, rent, escrow deposits and all other charges against the property will be prorated by the parties as of settlement date. 8. CLOSING COSTS: Seller to pay for the costs of the preparation of the deed and seller's transfer tax as knell as the cost of survey of the property contracted to be conveyed hereunder. 9. CONDITION OF PROPERTY: Buyer represents that an inspection satisfactory to Buyer has been made of the property, and Buyer agrees to accept the property in its present condition except as may be otherwise provided in the description of V)e property above. 10. UTILITIES AND ROAD MAINTENAINCE AND EXTENSION': Guyer will provide the necessary water and sewer system required by the applicable Frederic': County ordinances and when public crater and sewer becomes available, fie will connect to such public system and discontinue the use of his private water and server -2- systen. Buyer also agrees to pay his pro--rata share cf any public viater and sewer improvement and connection assessments. Buyer will also pay his pro--rata share of road maintenance and repair costs from U.S. Route 11 to this property and to join in to, request adjacent owners for the inclusion of the existing roadway and the roadway adjacent to his property in the public toad system, to pay his pro-rata share of any road building connection and improvement assessments and to dedicate sufficient of his land not to extend a tt;onty (20) foot strip for any property public road adjacent thereto. 11. COMPLETE CONTRACT: This Contract of Sale con- stitutes the entire agreement among the parties and may not be modified or changed except by written instrument executed by all of the parties. 12. CONSTRUCTION OF CONTRACT: This contract shall be construed, interpreted and applied according to the 1ati•:s of the State of Virginia and sh::ll ble binding upon aria seals inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. WITNESS the following signatures and seals: FORT COLLIER FARMS, INC. By Attest: _(SEAL) Mary Helen Ives by Agent . P. Newlin (SEAL) RESTRICTIVE COVENANTS AND CONDITIONS TO BE IMPOSED UPON THE 1.5 ACRES TO BE SOLD BY_FORT COLLIER FARMS, INC. TO S. P. NEWLIN: e 1. All buildings, storage areas and improvements shall be set back at least forty (40) feet from all property lines. 2. This property may not be sold in part or subdivided in any manner but must be sold as a whole. 3. All of the provisions of the existing Frederick County zoning ordinance are expressly adopted if the applicable restrictive covenants to this property as contained in the Industrial, Limited, District M-1 provisions on pages 17-21, both inclusive, copy attached, except that wherever approval of any public official or administrator is requested or any commission or public body is required, such requested permission shall be requested of the seller.