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HomeMy WebLinkAbout148-74 Smith & Elliott - 83.0 ac R3-R6 - Stonewall - ZMAP board approval - BackfileG O cA 7'i opt/ M.9 AC=P `S"CAG E / " - 20 0 p �Svv�vYsioE �I 1�✓�ivc�ESTE.e V � � � � Botivo.q� Y L �9l�✓o%vi�c/G osivE,es ✓. A. it//CEG Y C'6'lE'T/�"iE-o G�9�vo S�.E'YF'Yo.� /✓iNG/-/E-ST�ie Y/�C/it//,q e v ctiev� ie E'Z o�tl/�c/G �9�i�G / CA Tio�cl �G A T f-�ie E�iq�e E.o FOB C�� G /it/ � qr ovc7 A✓/it/ G• IT) 8. 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Y✓ /.'S�8 �0 8 I I G o cA r'i o/v MA,o E / - = zo00 v `5�.�•yYs�pE h� lk✓IIA-1 E-S T-C-14e V i � / •v.ec = 8 7s 34 �D.J '% o �9o✓o/mot//�t/G o�t/�L/C,eS v�/iiv c i�E-s rEiE? Y%e ci�vi.9 V, IAGe 4e-ael �i�Ei�iq/e E,O F'O�E? cAi2 G /it/ G �S.Yo 1�✓/it/G � 8. S36 AG'.e E-S Off" ZT GA�o, G Y/�vG �c/o�T•y o•� y✓/.v c.�sEs r�,e iv S r-o.vE"i✓.q G G �!A c /S rE"�/AG O/STie/C T B2 io. -%-t5- S,vc �t/39s1-7 32'/✓ 679Z' it/�7_`Sq z6"h/ si 72� N33 "06 'zB c.�lO = �/i. 77• zaz c�6 3Z 73Zi s A.1oW ,,qCi2(g-.5 I s Zo' zo 48 .• w /SZ8 c�8 h `I I� v #16-42 MARY OPAL SOLENBERGER TO: .. .. DEED LESTER A. ELLIOTT ` THIS DEED, made and dated this -.V —� day of May, 1973, by and between Mary Opal Solenberger, Widow, party of the first part, and Lester A. Elliott, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration,', the receipt of which is hereby acknowledged, the said party of the! first part does hereby grant and convey, with general warranty of title, unto the said party of the second part, in fee simple, all of that certain property lying and being situate on the North I i side of U. S. Route 522, in Stonewall Magisterial District, 1 Frederick County, Virginia, containing 98.536 acres, together witY�� the improvements thereon and the appurtenances thereunto belong- ing, and more particularly described by that certain plat and { survey, dated November 5 1969 prepared by ff. Bruce Edens, C. L. S., hereto attached and by this reference made a part of j this deed; and being a part of the same property conveyed to Mary Opal Solenberger by deed of Ray Robinson, et ux, dated December 20,1944, of record in the Clerk's Office of the Circuit i Court of Frederick County, Virginia in Deed Book 191, Page 140, to which deed, and the references therein, and to the aforesaid plat, reference is here made for a more particula r r description ofl the property hereby conveyed. This conveyance is made subject to the duly recorded enforceable restrictions, easements and rights of way, if any, affecting title to the said property. The said party of the first part covenants that she has! the right to convey the said property to the said party of the second part; that the said party of the second part shall have quiet and peaceable possession to said property, free from all LARORNT. ANDSRBON & LARRICK ATPOWN=TS AT UM WiNCUXOTER. VJiatNIA LAnG1`-'.%'T. AmwnsON lCr LAItItIC'IS AT'i(111N 1.TM AT [AM 1YIN('1t1:NTYN. �•(/1 U1 NIA . I l f i I� I i liens and encumbrances; and the said party of the first part will execute such further assurances of title as rnay be requisite. WITNESS the following signature and seal the date first above written: .(:SEAL) MAR C1:'AL .:>C ENB Rai R STATE OF VIRGINIA, COUNTY OF FREDERICK# to -wit: I' �•. a Notary Public of and for the County and State aforesaid, do hereby certify that Mary Opal Solenberger, Widow, whose name is signed to the fore- going instrument, bearing date of the ��% day of May, 1973, has personally appeared before me in my County and State afore- said and acknowledged same. My commission expires • (, 7 Given under my hand this day of '2, 1973. _S No ar-`y�plic - 2 - 11 m WILLIAMS LAND POST oST_ LagcENr - __ __ C'� �. s"-ao'�"E ----------- LOT FOA MAN — % ' LOT _ LOT c I GRIM LAND -- -- - 98. 536 ACRES TOTi"AL BUTLER , �, �1 92. 324 ACRES EAST J �>F ROAD LOT 2. 222 ACRES IN ROAD o ' � 3. 990 ACRES DCHAVEN LOT = 1 1 UC CA RTY` - - LOT- I i KLINE tl --L07. LARGENT I I LOT O NI I \ PEER •r 1 LOTPEAI I TREE �''y---� r I - r 1 1 8 Sr02'20wE OREMAN ' - s�s.00T- 1, � DRIVE I , JI O I I cc I J � 1 . W 44' R `y g 1 1 1' � Z r r �C co WEST OF ROAD f 1 • w 3r� i o ti 10 • _ (": w v� n v • Op 4r)e o 0l • U N 04. -•st. `mot.le ka., 0�c . 20 N U M U • N N M N. W. uOu `) r . ra 2 N'PT. DE CL SC.%LE 0 AGO _ .-- 6O0 b N b BOYC E l i i I I i LAND n; JAt.4ES D. SHOCKEY (0' DD. 304 P 579 nl I I� i 3� LESTER A. ELLIOTT DD. 260 P 4 co DENOTE3 1::0:: PiN 1100. . ... ..L.....1: Y.1 l.l.....•..•.n...-._. • • .. _ �, .�.... ... ...� .r.. Sl. �..:....L.. . �...:..... ., ...L .:..:'.1�....-.... '. ..uW. ...............-.1 ..•.•...... 1..... ._ 1 The aee'+m►+anytnR plat represents a survev of the land conveyed to "ary t, SnlenlerAer �,y doed dared 2 Drc,-m',er 1064 and 19 recorded in the Fredcric'. n. 'o \ rn+irr Clerks 'lffiee in reed ►ev it I'll - P. 140. The said land lips a ehnrt distance 4nrth of Winchester on the vnrr►-o A,%. ' Pnute S22. in Stnn"al l Mmet. rist.. Frederick County, Virginia, and is Ykepinning at a Iron pin at the Northwest corner of the F1 1 Lott land ar-i • •' ' ' e c Ast !wunderr line of Route 522! thence with the Arc of a cure to the left 211.'+ '' +ch•r' 4 11 Peg. 17 Mtn. 47 Sec. W-711;77 Ft.) to a Cnncrete 411thwAY Monum,nt r`�•r +' �'+tri•o wits the said road the five following enurses- N 16 Deg. 06 Mtn. 1ti Sic. �' - 't'1•�� !t• ' a point to the nld road hed: thence N 27 (leg. S4 Mtn. 46 Sec. W-51.72 ft. to a nnint in 0,,, old road hed: thence N 31 Peg. 06 Mtn. 2A Sec. W-101.07 ft; to a point alan in nld rnad'sr1- thence leaving said rnadl,ed N 10 Pelt. S7 Mtn. 12 Sec. W-62.02 ft. to a print In a crirve to the left, thence with the Arc P75.14 ft. (chord 4 41 Deg. (15 Min. 47 Sec. W-PR7.06 (t.) a iron pin at tl,e Southeast Corner of Foremans Drive. thence leaving said Route 522 and running with the Fast side of said 11nreman's nrive N 24 Deg. 10 Min. 00 Sec. ;,.1.110.71 ft. to a Prar Tree in the South Ltne of the Prer 1nt, thence with said line S 62 neR. p2 Mir+. 20 Sec. E-q+�o0 ft. to a trnn pin at the Southeast Cnrner of the Peer lot, thence with the East lines of Peer and e)thers N 20 Deg. 02 Mtn. 3S Set. C-452.12 ft. to a tr,n pin' thence N 13 Dejt. 19 Min. Ott Sec. F-7A2.10 ft. to a post at the Mortheast corner of the Largent Lnt.and in the South line of the Williams land: thence with Will tams and Crim S 68 Deg. 40 Mtn. 52 Sec. F-I,508.09 ft. to a poet at the Ci�' orthwst enrner of the Payee Land- thence with the West Line thereof S 20 Deg. 70 Mtn. 48 Sec. W-1,52A.fA iron pin: thence with another line of lzoyee, Shoekey and Flltott S 26 Deg. 01 "ln. 01 Sec. W-1.666.50 ft. to a it-Nn pin a corner to F.111ett, thence with Elliott's 4orth line It 72 Deg. 30_Min. Sr Sec. W-127.12 ft. to the beginning. Cnntatntng ................ 0A. S1O� Amin' Surveyed .................. 5 Nov. 1069 F�SJL�1C:I COUNTY, SCT.s •. .. is i:isi ruinont of writing was produced to me on tae c � ,` . �d-Y o4 . - ,ne:�t anna {a3 was ..� 1 vnth co of of ack.aoril; g } u 53-0 I LAnoRNT. ANDERSON & LAnnicn AT"229XTO AT UM /InwazaTtf. VizaanA I t i 1 ,2092 • - FSTER . A. EL I-0 ET UX >E �l �u llE D CARLIN L. SMITH, ET AI0- THIS DEED, made and dated this day of l%l �4_, 19731, by and between Lester A. Elliott and Frances C. Elliott, his wife, parties of the first part; and Carlin L. Smith and Georgia E. Smith, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00),Dollars, and other good and valuable considerate the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant and convey a one-half undivided interest with general warranty of title, in fee simple, unto the said parties of the second part, jointly, and as tenants by the entireties, with the common law right of survivorship, in and to all of that certain property lying and being situate on the North side of U. S. Route 522, in Stonewall Magisterial District, Frederick County, Virginia, containing 93.536 acres, together with the improvements thereon and the appurtenances thereunto belonging, and more particularly described by that certain plat and survey, dated November 5, 1969, prepared by H. Bruce Edens, C.L.S., and being a part of the same property conveyed to Lester A. Elliott by Deed of Mary Opal Solenberger, dated the 21st day of May, 1973, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in ,Deed Book I/D'/ , Page l%/ , to which deed, and the references therein, and to the aforesaid plat, reference is here made for a more particular description of the property hereby conveyed. This conveyance is made subject to the duly recorded ,n, 1540 a , enforceable restrictions, easements, and rights of way, if any, affecting title to the said property. The said parties of the second part join in the execution of this Deed for the express purpose of assuming one-half (1/2) of the principal sum of Seventy-eight Thousand One Hundred Dollars ($78,100.00) payable to Mary Opal Solenberge or Order, evidenced by four (4) bonds executed by the said parties of the first part, numbered 1 - 4, each in the amount of Nineteen Thousand Five Hundred Twenty Five Dollars ($19,525.0 payable one, two, three and four years after date, respectively, beginning on the 21st day of May, 1974, together with interest at the rate of Seven (7) per cent per annum, from date, payable semi-annually, dated May 21, 1973, which indebtedness is secured by a Deed of Trust dated May 21, 1973, executed by the said parties of the first part, of record in the aforesaid Clerk's Office in Deed Book Vic`% , Page /r / . The said parties of the first part covenant that they have the right to convey the said property to the said parties of the second part; that the said parties of the second part shall have quiet and peaceable possession to said property, free from all liens and encumbrances; and the said parties of the first part will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals the date first above written; LAMENT. ANDERSON Ar LARR[cK ATTORN<T• AT LAW Wmcxz*Tsa. VtsalmA I s {'(S EAL) Lester A. Elliott (SEAL) Frances C. Elliott -2- i 1 f L&RCIENr. ANDSRSON Q LARRICR Ar OMP90TR AT LAW Mixcu88"R. V1110"gZA s 1 4 i ; 541 (SEAL) Carlin L. JSmith (SEAL) Geo pie E. Smith STATE OF VIRGIN149 COUNTY OF FREDE&ICK, to -wit: I a Notary Public of an for the County and State aforesaid, do hereby certify that Lester A. Elliott and Frances C. Elliott, his wife, whose names are signed to the foregoing instrument, bearing date of th 1 day cf 1973, have personally appeared before me in my County aforesaid and acknowledged same. My commission expires /9 • Given under my hand this day of , 1973. STATE OF VIRGINIA$ COUNTY OF FREDERICK, to -wit: for the County L State aforesaid, a Notary Public of and do hereby certify that Carlin L. Smith and Georgie E. Smith, his wife, whose names are signed to the foregoing instrument, bearing date of the y.7..d day of 144,____9 1973, have personally appeared before me in my County.afor�esaid and acknowledged same. My commission expires YX4,. 77 • Given under my hand this 6 day of , 1973 otar Public YiRGIN A FREDERICK CMTTY, SCT. This insirument of writing was produced to me on the day of I9_i _ , at and vi-Ah certificst© f cknowladgment thoreto anaa :jl r us edmiY.ed to record. M imposed oy Sec. i ui and 58-54 have been paid, if a . sa . sable. Clerk. REZONING APPLICATION CARLIN L. SMITH AND LESTER A. ELLIOTT LOCATION: This property in Stonewall Magisterial District lies North of Route 522 and borders Route 721 at Sunnyside. This is the site of Star Fort. PROPOSED USE: • The application is from R-3 to R--6 for multi -family use. SEWAGE DISPOSAL: Frederick County Sanitation Authority. YARD REQUIREMENTS: The property meets front, side and rear yard requirements. STAFF COMMENTS: The request is consistant with the planning for the area • at the time it was zoned R-3. r NO. Z 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 as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Just North of Route 522 North between Street and Street on the side of the street and known as lot (s) Number . It has a frontage of see plat attacfM4nd a depth of feet. Carlin L. Smith, Georgia E. 2. The property sought to be rezoned is owned by: Smith and Lester A. Elliott as evidenced by deed from Lester A. Elliott, et ux, recorded in Book 410 Page 539, Registry of County of Frederick 3. It is desired and requested that the foregoing property be rezoned FROM TO 83.0 Acres R-3 R-6 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)Lester A. Elliott on East (b)-Howard Shockey, Inc_ on East and North (c)Largent, Foreman, Carper, (d)Butler, DeHaven, McCarty, Kline All on West (e)Larcrent, Peer and Foreman Drive (f) Applicant's other land on South (g) (h) (i) (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: Multifamily dwellings and offices (business portion allowed under Ordinance R-6). 6• It is proposed that the following buildings will be constructed: Multifamily dwellings and offices as permitted under Frederick County Zoning Ordinance R-6 Zone. 7. It is proposed that the following setbacks and offstreet parking provisions will be made: Those required under Ordinance of Frederick County R-6 Zone. CARLINE L. SMITH GE RGIA E. SMITH and LESTER A. ELLIOTT 8. Attached is a copy of a Vicinity Map. �`Signaore of ppliiccant retof,Mcant TO THE BOARD OF SUPERVISORS This petition for rezoning property within the jurisdiction of the of was received on , a public ;,-taring was held on 7- //- Zy and the Planning Commission wishes to make the following recommendations to the Governing Body. Star Fort is not to be disturbed, easement for public access. P ANNING COMMISSION By - Secretary ACTION OF THE BOARD OF SUPERVISORS On tjhee Governing Body took the following action on the attach4d petition for rezoning: ��/`/�{/U�9 J', /1�� -7TP G O cA T"/ o/c/ MiA9A' %S"4c.4GE /-- 2000' �.S't/.vNYs/OE y� h//it/L•iS�ESTE� �OU.vOH.eY L/.e/E AD✓O/N/NG O/✓NE.2S F.�o/v/ GAT BY f! 6�2G/cE- EOEit/SI CG.S �I'.�T/FiEO L-4'.vo �Sli-eY�Yoe s.✓iivcl�Esr6.E', Yieciviv r R�'zo/v/.vo f��i�G /CA Tioic/ �L.9 T f�i2EFi9R E.O FOB CAS G /it/ L . SM/ Tip/ / /.t/ STONa�s f�/igLL /�'1i9C/.ST6'�/.qG O/STie/CT F/QE"OER/C� COG//f✓Ty ✓/�G/�(//.q _ ; ,' \ tie 30'00- S��•o �'2o•E e � 1' �/9/•oS'¢7"s✓/ B - � Now L__�J'O" {� Q�0t! f El i(/3' S7 32 /�✓ G7�Z' .v2�s4 ze �✓ s/ 72� /V33 •o� "zB - s BUR ✓66� I � _ c.%Q .Z/i 77• �o2.4G 0 /V 72.3o;S8"" 32 73Z' E-4e, oc7 I iGGG.So' .S 20•20 svo c,.c .r y Boyd- � itz VP - 7141 #1642 MARY OPAL SOLENI3ERGFR TO: DEED LESTER A. ELLIOTT % P�•f` iV�) :i�7 THIS DEED, made and dated this day of May, 1973, by and between Mary Opal Solenberger, Widow, party of the first part, and Lester A. Elliott, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideratic the receipt of which is hereby acknowledged, the said party of th first part does hereby grant and convey, with general warranty Of title, unto the said party of"the second part, in fee simple, all of that certain property lying and being situate on the North side of U. S. Route 522, in Stonewall Magisterial District, Frederick County, Virginia, containing 98.536 acres, together wit the improvements thereon and the appurtenances thereunto belong- ing, and more particularly described by that certain plat and survey, dated November 5, 1969, prepared by H. Bruce Edens, C. L. S., hereto attached and by this reference made a part of this deed; and being a part of the same property conveyed to Mary Opal Solenberger by deed of Ray Robinson, et ux, dated December 20,1944, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 191, Page 140, to which deed, and the references therein, and to the aforesaid plat, reference is here made for a more particular description of, the property hereby conveyed. This conveyance is made subject to the duly recorded enforceable restrictions, easements and rights of way, if any, affecting title to the said property. The said party of the first part covenants that she has the.right to convey the said property to the said party of the second part) that the said party of the second part shall have � quiet and peaceable possession to said property, free from all LAROHNT. ANDCRSON A LARRIC< ; ATTOwI.wTi AT ur 1 /I If liens and encumbrances; and the said party of the first part will execute such further assurances of title as may be requisite. WITNESS the following signature and seal the date Ilfirst above written: I/� ..(SEAL) MAR OPAL SOLENBCRZLR /-- J STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: Ian ��" a Notary Public of and for the County and State aforesaid, do hereby certify that i Mary Opal Solenberger, Widow, whose name is Signed to the fore- going instrument, bearing date of the �_� ay of May, 1973, Ihas personally appeared before me in my County and State afore- said and acknowledged same. My commission expires (,-4 R 67C Given under my hand this 3 a4 day of •, 1973. No ary ic 64M WILLIAMS LAND GRIM LAND i(A 5 POST POST-'' LARGENT `'` S66-40'62 E 150B.99 LOT _ I, FOR. RIAN LOT _ ` Q*hP"R a , _LOT_ �� 98.536 ACRES TOTAL BUTLER , , 1 92. 324 ACRES EAST OF ROAD LOT :' 1 ' 2 . 222 ACRES IN ROAD c1 m. ta 3.990 ACRES WEST OF ROADco DEHAVEN ' ' 1O LOT ZI'' 11 UCCARTy— BOYCE -- LOT I 1 KLINE 1 I LAROENT • LOT N cw I �' PEER PEA LOT TREE I I \\ 1 18 6r 02' 20"E OREMAN Y' Oa.00— II DRIVE 11 II i 1 I cc I �— 11 I1� I I 40' R / W _ 8 1 1 n JAMES D. SHOCKEY N 1 1 ;. co, DB.304 P. 579 1 1 v A to l 1 I Ob h I 1 aOOp- m 31: Clin O h (D • _ ur /Zi csj lo t0 0 O x•0'b .(1 \ no 0 o, j `S22 ` y i•_ C3-- • h p�, .f h . • � ti h- tv N O M I , M_— ON �h S• N • N cone ".'r 92 U N M , N.W.upu ��x�Q Z LESTER A. ELLIOTT 013.250 P. 4 \PT. BEG. _ — - EG1LE _._-_.. (-,DENOTES IRON PIN 0 300 coo Q�. arEM1ea?etr!.i.M�t r r;G9, JGG The aeenmpanytnR olat represents a survev of the land tnnveved r,1 "ary t•. SnIenterRer �y deed dared 2 r`eeemtier 1044 and to recorded in the Fredrr Ir'- Clerks Iftlee to 11eed r'—k I'll - P. 140. The said land Itea a shnrt distance 4nrth of Winchester on the Vnrr',r %, -. ! Fnute 522. to Stonewall Yna• Ptat.. Frederick County, Virginia, and is 1--d, 1nwt• PepinninR at a iron pin at the Northwest corner of the Fl ltott lend and ••+ tie !esr houndar♦ line of Route 522' thence with the Arc of a curve to the left 211 ,'r ''• 'r1:1r! N 11 r+eR. 17 Mtn. 47 Set. W-711.77 Ft.) to a Concrete MOthway Mnnumenr• rtir•,r• •,•nr+nul^o wtth the said rnad the five following courses: N 16 Deg. 06 Mtn. IS Sec. W - 'r).t•ti !t• r, a poiht in the n1d road hrdi thence 4 27 Pest. 54 Min. 46 Sec. W-51.72 ft. to a Point In tl,r old road Ned: thence N 11 Pep. 06 Mtn. 2A See. W-101.07 ft: to a paint ■Ian to aid rnad'ed thence leaving said roadbed 4 10 Peg. S7 Mtn. 17 See. W-67.02 ft. to a Mint 1n a curve to the left- thence with the Arc P75.14 ft. rehord 4 Al Deg. (15 Mtn. 47 Sec. W.PO".04 (t.) a iron On at the Southeast Corner of Forenians Drive, thence leaving said Route 572 and running with the Fast side of said Fnreman's Drive 4 24 Deg. 10 Min. 00 Sec. F-1,110,71 (L. to a Pear Tree to the South Line of the Nor lot, thence with said line S 62 r1eR. 02 Mlw+. 20 Sec. E-q}.00 ft. to a trnn pin at the Southeast Corner of the Peer lot, thence with the East lines of Peer and others N 20 Deg. 02 Mtn. 15 See. E-452.12 ft. to ■ Iran pin- -thence 11 11 DeR. I9 Min. 0P See. F-7A2.10 ft. to a post at the Northeast corner of the Largent Int.And to the South line of the Williams Iandt thence with Wtll•iams and r.rlm S 68 Dept. 40 Mtn. 12 Sec. E-1.50A.09 ft. to a post at the Rorthweet corner of the t'oyce Land- thence with the West Line thereof S 20 Deg. 20 Mtn. 48 Sec. W.1,52P.t1P ft. t, a iron pin: thence with another line of !byte, Shoekey and Elliott S 26 DeR. 01 !'in. 01 Sec. W-1.666.50 ft. to a tr�n pin a corner to Elliott, thence with Elliott's 4nrth line N 72 Dog. 30•Min. SP See. W-127.12 ft. to the hegtnning. Containing ................ 0A.51A ACRrS Surveyed .................. 5 %. v. 1069 dilt F3ErJ �ICti COUNTY, SCT. T. is instrument of writing was prociticed to me on the d.y of � , ..,J vntli corhiioa,l of Ark-1oi'7�noat thoroto annecad was aruihutl to r.cotd. '1'.t.:.-u »::a1 sir Z;_c. 6(3. of � v 0, c'o ,and ��•5'1 li:ivo hcon 11.ti1, it a+so s.lblo. a Cleik. r#22092 �'7pTT x PC DEED, ` SI:R A. ET UX II x CARLIP7 L. SMITH, FT /lI3 , xxx1YYYYYYxYYYxxYxxYYxYYxYYYY.xY-Y• Lwa061Tl. AITDBnsom ! i LAnRICK �TTO�IRT� �T 40 vI� V.- r ter., 41.0 T.', 539 THIS DEED, made and dated this =i� day of 1973, by and between Lester A. Elliott and Frances C. Elliott, his wife, parties of the first part; and Carlin L. Smith and Georgia E. Smith, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00),Dollars, and other good and valuable considerate n, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant and convey a one-half undivided interest with general warranty of title, in fee simple, unto the said parties of the second part, jointly, and as tenants by the entireties, with the common law right of survivorship, in and to all of that certain property lying and being situate on the North side of U. S. Route 522, in Stonewall Magisterial District, Frederick County, Virginia, containing 93.536 acres, together with the improvements thereon and the appurtenances thereunto belonging, and more particularly described by that certain plat and survey, dated November 5, 1969, prepared by H. Bruce Edens, C.L.S., and being a part of the same property conveyed to Lester A. Elliott by Deed of Mary Opal Solenberger, dated the 21st day of May, 1973, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in ,Deed Book I/o'% , Page '%/ , to which deed, and the references therein, and to the aforesaid plat, reference is here made for a more particular description of the property hereby conveyed. This conveyance is made subject to the duly recorded I' h i; LARORNT. ANDRRRON A LARRICK 1 Mvcu.r.a vuwwu is •'; _?_'.J i.':� 540 enforceable restrictions, easements, and rights of way, if any, affecting title to the said property. The said parties of the second part join in the execution of this Deed for the express purpose of assuming one-half (1/2) of the principal sum of Seventy-eight Thousand One Hundred Dollars ($78,100.00) payable to Mary Opal Solenberge or Order, evidenced by four (4) bonds executed by the said parties of the first part, numbered 1 - 4, each in the amount of Nineteen Thousand Five Hundred Twenty Five Dollars ($19,525.0)) payable one, two, three and four years after date, respectively, beginning on the 21st day of May, 1974, together with interest at the rate of Seven (7) per cent per annum, from date, payable semi-annually, dated May 21, 1973, which indebtedness is secured by a Deed of Trust dated May 21, 1973, executed by the said parties of the first part, of record in the aforesaid Clerk's Office in Deed Book Ve-% , Page /c / . The said parties of the first part covenant that they have the right to convey the said property to the said parties of the second part; that the said parties of the second part shall have quiet and peaceable possession to said property, free from all liens and encumbrances; and the said parties of the first part will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals the date first above written; iti/ii�.�..•' ����� (SEAL) 'Lester A. Elliott 1 zc . ✓_i C. �!_1'��r� (SEAL) Frances C. Elliott -2- Y. L"GZWT. ANOw1180W A LAHPICK ATIO.I..TS AT LAW wvwvw.r .4 VI.o1wIA i'ur 541. (SEAL) Carlin L. 'Smith /SEAL Georigie E. Smith STATE OF VIRGINT4, COUNTY OF FREDEAICK, to -wit: I, 42c .�, a Notary Public of an for the County and State aforesaid, do hereby certify that Lester A. Elliott and Frances C. Elliott, his wife, whose names are signed to the foregoing instrument, bearing date of tt• 2-?* day of ha.. , 1973, have personally appeared before me in my County aforesaid and acknowledged same. � My commission expires / � �� / Vi l9 77 Given under my hand this tlo-rp'_ day of, 1973. Notar# Public STATE OF VIRGINIA, COUNTY OF FREDERICK, to-wit: I, e//tt � 4-nJA.aJ, a Notary Public of and for the County nd State aforesaid, do hereby certify that Carlin L. Smith and Georgie E. Smith, his wife, whose names are signed to the foregoing instrument, bearing date of the 2.7Id day of /1�, 1973, have personally appeared before me in my County aforesaid and acknowledged same. My commission expires % Given under my hand this 6 day of �, 197_ otar Public YiRGINIA FRIENRICK COUNTY, SCT. This instrument of writing was produced to me on the q�_day of 19 , a. q-,So and w.th cortificato f cknowledgmcut thoreto aaaa :31 aas edmit:ed to rocord. Ta imposed oy Sac. 5d• ,•i. t at and 53-54 havo been paid, if a.sa.aebie. t I • � Clerk. I It II 11 1 1 it I I I I II I. II 11 1 I I I4l WINC:HESILII. VIHGINIA 22601 TWk f= i Nn CODE �� l j_ 1J4 �, �� _�J Q���� SOLENPLRGER, MAkY OI'AL DESCRIPTION VALUE RATE TOTAL TAX 101403.70 375.le ACRFS 94.30 C' N. --} T0iAC AX 375.18 F C� OA,L TAX DUE 375.18 SOLENPE .i GER v MARY OPAL C� �a�nlAl i r 417 W. CORI; ST. ' WINCHESTFR, VA. 22601 iri �Es Tb L"UE _J DATE DUE OL-C • 5 ♦ 1973 DOROTHY B. KECKLEY, TREAS. After review the Department Heads reports were accepted. CONSTITUTIONAL OFFICERS REPORTS - ACCEPTED After review the reports of the Constitutional Officers were accepted. PUBLIC HEARINGS AN ORDINANCE TO REZONE 52.00 ACRES OF CARLIN L. SMITH, GEORGIA E. SMITH, AND LESTER A. ELLIOTT- THIRD AND FINAL READING APPROVED Mr. Ben Butler appeared before the Board on behalf of the petitioners and stated that the application is from R-3 to R-6 for multi -family and the acreage had been reduced from 83.00 to 52.00 acres, inasmuch as the Planning Commission had felt 83 acres was too large an area for multi -family and to accomodate the future historic preservation of Star Fort. There was no opposition to this rezoning. Upon motion made by Dennis T. Cole and seconded by Richard F. Madigan, BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia does herein approve the following ordinance on third and final reading: AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973, TO REZONE 52.00 ACRES, MORE OR LESS, OF CARLIN L. SMITH, GEORGIA E. SMITH, AND LESTER A. ELLIOTT, LOCATED 400 FEET EAST OF ROUTE 522 NORTH, APPROXIMATELY 4/10 MILES NORTH OF THE WINCHESTER CITY LIMITS, IN STONEWALL MAGISTERIAL DISTRICT; FROM RESIDENTIAL, GENERAL (R-3) TO MULTI -FAMILY, RESIDENTIAL (R-6) The above resolution was passed by the following recorded vote: Raymond C. Sandy, Aye; J. Robert Russell, Aye; Dennis T. Cole, Aye; Donald R. Hodgson, Aye; and Richard F. Madigan, Aye. � �/ol - //% PLANNING DIRECTOR DOROTHEA L. STEFEN ZONING ADMINISTRATOR Areberick Cauntr Department of 131anning and Deftelopmetlt P. O. Box 601 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 July 24, 1979 Mr. Benjamin M. Butler, Esq. 11 S. Cameron Street Winchester, Virginia 22601 RE: Rezoning of the Star Fort Property Dear Mr. Butler: The Board of Supervisors' minutes for the August 14, 1974 meeting show that you represented Smith and Elliott in the referenced rezoning. Our file is incomplete; would you please furnish us with a copy of a map showing which 52 of the 83 acres were rezoned from R-3 to R-6. Sincerely, '4 Dorothea L. Stefen, Zoning Administrator DLS:bjs cc: J. O. Renalds, III, County Administrator 703/662-4532 AMENDMENT POLICIES The following sequence of events and policies are to be followed in amending the Frederick County Toning Ordinance adopted November 1, 1973. All Rezoning Applications will contain: 1. One (1) copy of application. 2.. One (1) copy of plat of land to be rezoned with x t,^ and bounds prepared by a licensed sur- veyor. Plat must show number of acres to be rezoned. 3. One (1) copy of a scaled location map (1" 2000') that outlines the land to be rezoned prepared by a license? surveyor. -V . One (1) copy of deed to the land. ✓S. One (1) copy of Economic Impact Study (attached). ., 6. Every application shall include proof that all property taxes due and payable to the County are paid and that no delinquent taxes are out- standing. 7. Every petition r application or reapplication for rezoning shall be accompanied by a fee in the amount of eighty dollars ($80) plus one dollar ($1) per acre to cover the costs of the advertising and other expenses connected with ie processing of a petition or application or reapplication. Page 2 8. At the time of application to amend this ordinance, the applicant shall post on the pro- perties for which rezoning is sought, a sign at least 36" x 48" with full information on the change sought and the date, time, and place of the hearing; by the Frederica: County Planning Commission. Such sign shall be placed at the property line and be maintained so as to be legible. Ati'ter the Planning Commission Hearing, the time and date shall be changed on the sign to correspond with the Hearing held by the Frederick County Board of Supervisors. 9. The Planning Commission shall hold at least one (1) Public Hearing on such proposed amendment. Upon completion of its work, the Commission shall present the proposed amendment to the governing body together with its recommendations and appropriate explanatory materials. Before approving and adopting any amendment, the governing body shall hold at least one (1) Public Hearing. ECONOMIC IMPACT STUDY 1. Number of acres for Rezoning. � J; 3 Il-clry 2. Number of feet of highway frontage. i9co FF 3. Number of Single-family homes. a. Average lot size b. Average member of bedrooms 4. Number of Townhouses. a. Average lot size b. Average number of bedrooms 5. Number of Apartments. a. Average square feet b. Average number of bedrooms 6. Total density, units per acre. 7. Square feet of Commercial. a. Estimated number of employees 8. Square feet of Industrial. 91 10. 11. a. Estimated gallons of sewage per day b. Estimated number of employees Number of Parking Spaces to be provided. t-Ihat services will you provide - in s^ware feet or acres? What County service will be required to serve this area? \��� '�flci\CL� 1-,.is NC�' Fjec w ADJACENT PROPERTY OWNERS: LESTER A. ELLIOTT Fairmont Avenue, Extended Winchester, Virginia 22601 HOWARD SHOCKEY, INC. P. 0. Box 767 Winchester, Virginia 22601 WALTER E. LARGENT 411 South Cameron Street Winchester, Virginia 22601 (Foreman property now in name of) JAMES M. COLEMAN Sunnyside Station Winchester, Virginia 22601 (Carper property now in name of) C. B. RADIO CLUB c/o Elmer Lauck North Frederick Road Winchester, Virginia 22601 THE FOLLOWING ALL HAVE ADDRESSES OF SUNNYSIDE STATION Winchester, Virginia 22601 SAIR BUTLER MABEL DeHAVEN CLINTON H. McCARTY CHARLES J. KLINE WALTER HOMER PEER 4