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HomeMy WebLinkAbout139-74 Meuche & Odence - (M-2) - BackfileN S�3 /L-oeN' 370-Da'-36' ✓ Actv,06' 4r E B-e-L/' , e ,dam �G 5B �'✓ �e AO% cq'► V q�4 1. a ol� of � y w \ \ Z i7? 7y b 0 b J zlox 46,6 O 6 J 9c. _ ke'�ZZ. PLAT OF A SURVEY MADE FOR CLINTON L. RITTER OF A TRACT OF LAND LYING ADJACENT TO L.S. PRIMARY ROUTE 50 AND THE *INCHESTER AND WESTERN RAILWAY IN THE GAINESOORO MAGISTERIAL DISTRICT OF FREDERICK COUNTYm VIRGINIA• THIS IS A PORTION OF THE SAME LAND THAT WAS CONVEYED TO HOWARD O, MEUCHE AND GATES B. ODENCE FROM HARRY L. FERGUSON, ET ALS*, HEIRS OF K,ATE E. STORM BY DEED DATED JUNE 29, 1966 RECORDED IN DEED SOCK 324s P• 108, IN THE RECORDS OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTYs VIRGINIA. SURVEYED B Y� D�,G�,��„ Ar �, i, . L . S . SURVEYED JULY 1973 REVISED AI,GLST 197z/ if M 651 AL 4347 N), 64 For 3' 00, v p % yf�i -Ha ield �7 17 c 7 76J 88 685 -00 17 1A /-/x 967 It 4346 570000 FEET x 950 1345 NO. DATE Application for Rezoning... FREDERICK COUNTY, VIRGINIA TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS, FREDERICK COUNTY, VIRGINIA I (we), the undersigned, do hereby respectfully make application and petition the Governing Body to amend the Zoning Ordinance and to change the Zoning Map of Frederick County, Virj'inia as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Route 50 (Gainesboro District) between South of W&WRR Street and Route 50 W Street on the East side of the street and known as lot (s) Number A and B It has a frontage of 406. 48 feet and a depth of 2,146. 04 feet. 2. The property sought to be rezoned is owned by: Howard O. Meuche & Gates B. Odenc as evidenced by deed from Harry L. Ferguson, et al recorded in Book 324 , Page 108 Registry of County of Frederick 3. It is desired and requested that the foregoing property be rezoned FROM TO A-1 M-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: NAME STREET ADDRESS (a) Joseph L. Manuel Gainesboro, Virginia (b) Robert Foster Route # 2 Winchester, Va. (c) Commonwealth of Virginia (Dept. of Hiqhways) Richmond, Va. (d) Howard O. Meuche Draco, Inc., Princeton, Indi (e) Clinton L. Ritter holds equitable title to the foregoing (f) property by virtue of a contract of sale dated May 22, 1973. (g) (h) (i) (Use reverse side if necessary and look up the names in the office of a in the Courthouse, if they are not known.) 5. It is proposed that the property will be put to the following use: Sawmill and wood product finishing and assembly operation 6. It is proposed that the following buildings will be constructed: Consistent with the use stated above. 7. It is proposed that the following setbacks and offstreet parking provisions will be made: Consistent with the use stated above. 8. Attached is a copy of a Vi inity Map. GA TB B. O E by WQ Howard O. Meuchq, his attorney in fact TO THE BOARD OF SUPERVISORS AR�'IN_ P1V Er,C1�4Ent This petition for rezoning property within the jurisdiction of the of was received on , a public hearing was held on A C a% and the Planning Commission wishes to make the following recommendations to the Governing Body. A :��GONtME/J L) f°"YPm'�1 L- NING/7C*MW9ION ACTION OF THE BOARD OF SUPERVISORS On �C 7, the Governing Body took the following action on the attached petition for rezoning: X/-�x e ;,.� _ — . "' rrav ... •. •�• a =`vie . Ill PJ y �. G !77S DEEn, made and dated this 29th day of June 1965, by and between Harvey L. Ferguson and Alma L. Ferguson, his c�t'r % Cl.acsde L. Ferguson and Stella I. Ferguson, his wife, and ArIcen F. Mayhew and Stanislaus X. Mayhew, her husband, herein- afi-e~ called the Grantors, and Howard 0. Meuche and Gates B. Cdcnce, hcreinafter called the Grantees. t•.117aE�sETH: That in consideration of the sum of Ten ($10.00) and other valuable considerations paid the by the Grantees on or before the delivery of this deed, tic rccc!.nt of all of which is hereby acknowledged, the Grantors E7,rnnt, sell And convey, with general warranty of title, 0�-antees, in fee simple, jointly, as tenants in common, t'ic follow ng real_ estate, together with all improvements and r,1r,1::tcn -_ices thereto belonging and subject to all easements and enal.l.y enfo-wceabl.e restrictions of record affecting such realty: Al? of that certain tract or parcel of lard, Cortaining approximately 141.78 acres, in gross and not: by the acre, situate about seven (7) miles I -lest of V inchoster on Hogue Creek, along the Northern si.cle of U. S. Ilighway No. 50, in Gainesboro Magisterial D�_st--ict, Fredet�i.cic County, Vir�*,i_ni_. anal being the same realty v!-i4.ch c-.�as devised to Claude L. Ferguson, Harvey Ta . F c7-gus on and Arleen F. Mayhew by Kate E . Storm, D^cenced, whose will is probated in the Clerk's Office Of the Ci.I. t Court of Frederick County, Virginia, in t?7.1.1.. Book v, at Page 105. By c1ced dated March 30, 1-n.11!� fro� Jack Cooper and wife, recorded in the afore- said C?.erl;'s Office in Deed Book 169, at Page 266, Kate E. Storm and Robert F. Storm acquired as tenants in common a larger parcel of land containing 150 acres of V' ich the realty herein dcscri.bcd ;s a part. Robert F. t=c�zm I., I intestate on July 1.3, 1.946, and his interest i.n ,.n-...d ? , )-ger parcel passed by descent to his brother and si-ster, Christian Storm and Louise Medley, c,,ho, by deed cute.] August 7, 1.946, recorded in said Clerk's Office in Deed Book 197, at Page 242, conveyed all of ��//-e?-e--�c��� -�� 9 out .6 1. 6,t f 1 Eli 7. MASSIE ANp SNARR ATTORNEYS AT up UINCNESTER. VC114114IA BOOK 324 their undivided one-half interest therein to Kate E. Storm. By deed dated June 15, 1960, and recorded in said Clerk's Office in Deed Book 265, at Page 21, Kate E. Storm conveyed to the Commonwealth of Virginia 8.22 acres from said 150 acre parcel, thus leaving approxi- mately 141.78 acres herein conveyed. The Grantors covenant that they have the right to convey the within described property; that the same is free from all liens and encumbrances except as may be hereinabove set fortha and that they will forever warrant and defend the title thereto. WITNESS the following signatures and seals: Harvey L,,/Ferguson 42�2,�z ZZ Jz_ (SEAL Alma L. Ferguson (SEAL Claude L. Fergu ton j,7 �/4 (SEAL Stella I. Fergusdin le (SEAL', Arleen F. Mayhew / (SEAL', Stanislaus X. Mayhe STATE OF MARYLAND, OF �,o wit: r I, 0 At a Notary Public in and for the ate and ' cL'� �'fores id, do hereby certify that Harvey L. Ferguson, whose name is signed to the foregoing 2 - /-� �� �y ���/� 110 i MASSIE AND SHARR ATTORNEYS AT LAW WINCHESTER. VIRGINIA $oox 3214 fa4 110 deed, bearing date the 29th day of _ Jun1966, has acknowledged the same before me in my Sta & and County afore- said. Given under my hand this d day of :''zz"P%;"I';1,96, My commission expires 6 9 i ��_ �.•*'•�n �,�•.,y,; Notary Publ =x = yo" STATE OF MARYLAND, OF To -wit: a Notary Public in and for the State and 'Pt,�:.-��afore said, do hereby certify that Alma L. Ferguson, whose name is signed to the foregoing deed, bearing date the ,day of 1966, has acknowledged the same before me in my State and �x alo re - said. Given under my hand this 12Ztday of My commission expires '.:Y COMPnissroN C',,P 0 STATE OF MARYLAND, Notary Publi ly OF ! -wit : I, a Notary Public in Y . and for the State and a oresaid, do hereby certify that Claude L. Ferguson and Stella I. Ferguson, his wife, whose names are signed to the foregoing deed, bearing date the 7'day 11 Of ) 1966, have acknowledged the same before me in - 3 - �3�- �y ���/� 111 MASSIE AND SNARR ATTORACTS AT LAW WINCNCfTCR. VIRGINIA WK 324 fut .ill my State and�,�.�e,'�"V �toresaid. ,,,11111011, •, , i Given under my hand this day of `, t�A{ �,;�'� My commission expires MY COMMISSION EXPIRES JULY 1. 1�4�1 � d.•.• �� Notary Public i� .� �•L '` STATE OF MARYLAND, r,c OF yy To -wit: a Notary Public in and for the Sta and, a oresAd, do hereby certify that Arleen F. Mayhew and Stanislaus X. Mayhew, her husband, whose names are signed to the foregoing deed, bearing date the 29th day of June 1966, have acknowledged the same before me in my S`Eate afid County aforesaid. Given under my hand this /. >1 i day of My commission expires 1966. % f Notary Public,o`� ,. .o ' VIRGINIA FREDEXCK COUNTY, SCf. trv7t of writing woo prodvcod to me on. the �_. day of _ r, , Q : j �s . ,Pin , ar►d with certificot of a wledQ thereb annexe was ad tod l •. .�. to record, AtAA ` (1ork "•,��`�1 " '�,i�'� YA&IcA . - 4 - �� 9 �y ���� /G��-mac NO x . 4- 1P /,39-7y THIS rEED, made and dated this 29th day of June f V11966, by and between Harvey L. Ferguson and Alma L. Ferguson, his A- 314AIR .1 11a wife, Claude L. Ferguson and Stella I. Ferguson, his wife, and Arleen F. Mayhew and Stnni-slnus X. Mayhew, her husband, herein- after called the Grantors, and Howard 0. Iieuche and Gates B. Odence, hereinafter called the Grantees. IIITNESSETII: That in consideration of the sum of Ten Dollars 010.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey, with general warranty of title, unto the Grantees, in fee simple, jointly, as tenants in common, the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain tract or parcel of land, containing approximately 141.718 acres, in gross and not by the acre, situate about seven (7) miles Nest of Winchester on Hcgue Creek, along the Northern side of U. S. Highway No. 50, in Gaincsboro Magisterial District, Frederick County, Virginia, and being the same realty which was devised to Claude 1.. Ferguson, Harvey L. Ferguson and Arleen F. Mayhew by Kate E. Storm, Deceased, uhose will is probated in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Will Book 64, at Page 105. By deed dated March 30, 1944, from Jack Cooper and wife, recorded in the afore- said Clerk's Office in Deed Book 169, at Page 266, Kate E. Storm and P.obert F. Storm acquired as tenants in common a larger parcel of land containing 150 acres of which the realty herein described is a part. Robert F. Storm died intestate on July 1.3, 1946, and his interest in said larger parcel passed by descent to his brother and sister, Christian Storm and Louise Iledley, c:ho, by deed dated August 7, 1946, recorded in said Clerk's Office in Deed Book 197, at Page 242, conveyed all of I.3 f_ 7y 324 rAr,+t 109 1.4-: their undivided one-half interest therein to Kate E. Storm. By deed dated June 15, 1960, and recorded in said Clerk's Office in Deed Book 265, at Page 21, Kate t E. Storm conveyed to the Commonwealth of Virginia 8.22 acres from said 150 acre parcel, thus leaving approxi- mately 141.78 acres herein conveyed. The Grantors covenant that they have the right to r convey the within described property; that the same is free from all liens and encumbrances except as may be hereinabove set forth; t rJ and that they will forever warrant and defend the title thereto. y�J WITNESS the following signatures and seals: 17722 r----^ra Harvey L,-,Ferguson (SEAL Alma L. Ferguson (SEAL Claude L. Ferggu On (SEAL,' Stella I. Fergus n (SEAL; Arleen F. Mayhew / / T y \ (SEAT,; Stanislaus X. Mayhew-J- STATE OF MARYLAND, OF I, w 5?75ult, a Notary Public in ycE"� �'fo�rid, - and for the ate and do hereby certify � 5 MACCIC A,O UARR that Harvey L. Ferguson, whose name is signed to the foregoing is - 2 - i 109 BOOK 324 Pe! 110 deed, bearing date the 29th day of June ' , 1966, has acknowledged the same before me in my Stave and County afore- said. Given under my hand this _40t- day of My commission expires tary Pub Iid:;(���'��, STATE OF MARYLAND, """""" OF To -wit: a Notary Public in and for the State and A,- . •'aforesaid, do hereby certify that Alma L. Ferguson, whose name is signed to the foregoing deed, bearing date the ,'�"day of 1966, has acknowledged the same before me in my State and �h•�� afore_ said. Given under my hand this Jday of My commission expires .v co itilssioN n-PIRCS JULY lza Notary Pu lies{,�' STATE OF MARYLAND, OF i(Yo,'To-wit: 1?�ee((��� o-�' , a Notary Public in and for the State and �a`foresaid, do hereby certify that Claude L. Ferguson and Stella I. Ferguson, his wife, whose names are signed to the foregoing deed, bearing date the day of , 1966, have acknowledged the same before me in -3- Bnox 24 mre III yqG f �-3 my State and � tVforoesai�d. Given under my hand this at± day of it• ,,` 5;�,�'e My commission expires MY COMMISSION EXPIRES JULY 1. Notary Public '1111•"%iT'-. ;'—',•1_, STATE OF MARYLAND, OF To -wit: _L I '— I1 7% a Notary Public in and for the Sta and J2 aforesaid , do hereby certify that UjAArleen F. Mayhew and Stanislaus X. Mayhew, her husband, whose names are signed to the foregoing deed, bearing date the 29th day of June 1966, have acknowledged the same before me in my S`Eate and County aforesaid, , I Given under my hand this 4VII day of , 1966. rj My commission expires •vC �� �� # / Notary Pub] ARGINIA FREDER!CK COUNTY, SCf. ✓ �Q C ij I trot of writing was prodvcod to me on the !J._ day of and with certificat of a wlndg there t to record. Cork - 4 - was 11 1 ECONOMIC IMPACT STUDY In accordance with the rezoning policies of the Frederick County Planning Commission, the following facts are submitted for assistance in granting a rezoning of 20.66069 acres in Gainesboro District, Frederick County, Virginia from A-1 to M-2 for a saw mill and wood product finishing and assembly operation. Description 20.66069 acres, located in Gainesboro District, Frederick County, Virginia, on the east side of Route 50, south of its intersection with the Winchester and Wardens- ville Railroad. There are presently no improvements located on the property. Purpose of Rezoning To permit the construction of a saw mill and wood products finishing and assembly operation. It is anticipated that the operation would initially employ approximately ten people, who would be engaged in a timber, logging and milling operation. Effect on Employment As stated above, it is anticipated that the operation will employ ten people initially, and that more employment opportunities will be created as opera- tions pick up. Approximately $200,000.00 worth of machinery is available and ready to be moved to the site if the proposed rezoning is granted. Residential Development There would be no residential development on this property, as the rezoning is sought solely for the location of a saw mill and wood products finishing and assembly operation. Population Increase It is anticipated that employees will be drawn from the present population rather than from outside the geographic area of Frederick County. Thus, it is antici- pated that there will be little or no effect on population increase in Frederick County, Virginia. Taxes It is anticipated that the tax base would in- crease as a consequence of the proposed rezoning, since buildings and related improvements would be added to what is now unimproved real estate. Traffic No traffic problem is anticipated, due to the over-all size of the property sought to be rezoned as compared to the area which would be taken up by improve- ments. Ecological Problems No ecological problems are anticipated. All by- products from the operation will either be sold, removed from the property or used in the manufacture of other items on the site. It is anticipated that well and drain - field use will be minimal due to a relatively small staff. Moreover, a section containing nearly 1/2 acre located to the north of the Winchester and Wardensville Railroad and adjacent to Hogue Creek, will be kept in its original A-1 zoning and will be developed as a small recreational area. 2