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012-85 Donald L. Fowler - Stonewall District - Backfile
l / /� . Ieh hc4,c .ill. ' Ot'ncheZ I 40--� 4 � o 0C-D ( (13)5& a COUNTY of FREDERICK IDepartment of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 November 19, 1985 Mr. H. K. Benham, III Harrison & Johnston 21 South Loudoun Street Winchester, Virginia 22601 Dear Mr. Benham: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of November 13, 1985: Approval of Rezoning Application #012-85 of Donald L. Fowler to rezone 5 acres from EM (Extractive Manufacturing) to MH-1 (Mobile Home Community) for planned residential development. This property is located at the end of Warner Lane, leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81 and identified as Parcel 27 on Tax Maps 54 and 55 in the Stonewall Magisterial District. If you have any questions regarding this rezonining, call this office. S'ncer y, Jo R. Riley, Jr. Frederick County Administrator JRR/rsa cc: Eston 0. George B. Donald L. Rudolph, Jr., Commissioner of Revenue Whitacre, Circuit Court Clerk Fowler please do not hesitate to 9 Court Sauare P.O. Box 601 - Winchester, Virginia - 22601 REZONING REQUEST #012-85 Donald L. Fowler 5 acres zoned EM (Extractive Manufacturing) to be rezoned to MH-1 (Mobile Home Community) LOCATION: At the end of Warner Lane leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81. MAGISTERIAL DISTRICT: Stonewall ADJACENT LAND USE AND ZONING: Open space, agricultural, residential, and commercial land use and B-2 and A-2 Zoning. PROPOSED USE AND IMPROVEMENTS: Planned residential development REVIEW EVALUATIONS: VA Dept. of Highways & Transportation - No objections. Sanitation Authority - Water and sewer are available. The developer will have to extend the line to the site. Greenwood Fire Company - We have no problem with the rezoning of this property. We will need some input when the development begins in order to decrease our response time to this area. Planning and Zoning - This was an oversight from the original application which should have reflected the five acres for Extractive Manufacturing. STAFF RECOMMENDATIONS: Approval PLANNING COMMISSION RECOMMENDATIONS: Unanimous Approval. NAME � , Address: land 20904 p 0. Box 4142, Coles ville, Mary Daniel K. Mackla n and ' I D # Property Victor E. Hansen, 54000-A00-0000-0000-0088-0 Trustees 2. Address: North Carolina 22886 0. Box 725, Tarboro, Barnhill Contracting Inc p. Proppertyy ID# : 54000-A00-0000-0000-0090-0 3. Address: g Virginia 22170 p. 0. Box 141, Sterling, James F. Boyd Proppertyy ID# 54000-A00-0000-0000-0099-B 4 • Address: land, 21157 520, Westminster Mary- Winchester Mall, Inc. �'. 0. Box - _ Property ID#: Talk • 54000-A00-0000-0000-0099-F t, • Zoning Amendment Application Date Fee Paid < — APPLICATION FOR RIONING IN THE COUNTY OF� FREDERICK, VIRGINIA No. �%.0- �' Submittal Deadline is For the Meeting of 1. The applicant is the owner other x (check one) Joseph F. Hughes and Ethe yn A. APPLIMTf7tmder contract of purchase) 2. OWNER, Hughes, Co-partners trading as OCCUPANT: ( if other than owner) NAME: Hughes and Company NAME: Donald L. Fowler ADDRESS: 10 Charles Plaza, Suite ADDRESS: P. Box809 Baltimore, Maryland - Winchester, Virginia 22601 TELEPHONE: 301-837-37 7 TELEPHONE: 3. The property sought to be rezoned is located at (please give exact directions) At the end of Warner Lane leading Northeastward from Route 7 just East of the intersection o Route 7 with Route 81. 4. The property •a:••::�au•,a.•>a�►.��c:u�•u• ♦♦ ♦ww••wo�:.a:xw�ae►o:►w: w��•:a;..••w �:ow •• •• •• fbcaox• �onsists of • - •- 5. The property to be rezoned is owned by See No. 2 above as evidenced by deed from K. E. Warner, et al recorded in deed book no. 275 on page 251 , registry of the County of Frederick . 6. This property is designated as parcel no. 27 on tax map no. 54 & 55 in the Stonewall Magisterial District. 7. It is desired and requested that the property be rezoned from to A) /Y /J -/ r v1 P 8. It is proposed that the property will be put to the following use planned residential development. 9. It is proposed that the following buildings will be constructed None anticipated 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. NAME 1. Address: Property ID#: 2' Marshall L. Warner, J Address: Route 7, Box 114, Winchester, Virginia 22601 and Thomas L. Warner Property ID#: 55000-A00-0000-0000-0023-0 3 • Donald Lee Swartz and Catherine V. Swartz Address: Route 7 Box 112, Winchester, Virginia 22601 Property ID# 55000-A00-0000-0000-0029-0 4 • Kinross Fgarm c/o Russell N. Carrier nx ss F Qusse Carrier,J and o Carrier Address: Box 446 Middleburg Va . 22117 property ID# �5000-A00-OO60-0000-0031-0 Property ID# : - - - - - p y Address: P. 0. Box 374, Unionville, Pa. 19375 Page, Two • -Rezoning �7� NAME 5. Brenda K. Vaugrin Address: Route 7 Box 107 Winchester, Virginia 22601 Property ID 55B00-AOO-000-0000-0001-0 6. Joseph C. Smith Address- Box 152-B8, Berryville, Virginia 22611 Property ID#: 55B00-AOD-0000-0000-0006-0 7. S. W. & Hilda Wilson Address: Route 7, Box 90, Winchester, Virginia 22601 Propperty ID#: 55BOO-AOU-0000-0000-0007-0 8. Edward C. Costello & Irene Address: Route 7, Box 88, Winchester, Virginia 22601 Proppert ID# : 55B00-W-0000-0000-0029-0 9. Steven A. DeHaven & Deborah Address: Route 7, Box 89 A, Winchester, Virginia 22601 P ropp e r t I D#: 55B00-O-&-0000-0000-00)B-3 10. Address: Property ID#: 11. Additional comments, if any 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 the County of Frederick, Virginia, with the above facts as support of this application . . . Signature of Owner: Signature of Applicant: Donald L. Fowler Complete Mailing Address: P. 0. Box 809 Winchester, Virginia 22601 Telephone Number: 703 - 667 - 1266 For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signed) r ewo ping 5•S��/�%r7 ff��O fliK �o9JO� Property ID#: Address: ,czr 7 {3o x /09 6v": ivc��f die :� 22 6ai b- o Property ID# : 3•V�-fopb-- c�/D/ 7,�G.�eBD �s/slf�5� 5.,�,¢p� Address: 2r � �c P,o f �t,r,�s� ,�, �,,�• Property ID#:.SSc-Aoo -a�^worm/oz-o P�/'wr 4e Sievoo --,400 -,PCCn 8, /? /3• �6nfT�y �,? Addres : P6 3 l,?Vx�6 i�b• /3, %:/i� _6 !na- 2�7-3.� Property ID#:���oo•-lfoo-Goo-ct�1�-ploS-© G�,✓re 9.,e /i'ffS!/ Add9eSss!'—�/r/ lzJ r�i�i Tad ?�.�• 200o s Ems, C/o /Y!,'Tio ✓fiG Property ID# : SS o00-fia��moop- 10. ��,�;,��s T Address: /�7/�I�l2fa F• %L .�eT7 /3ex /z9 Property ID# : SSCco ,4c:tso- 191-1 13o.c TNO rr.; s L , h/�e.✓�.2 ! SSc r �G�-moo e D l�-. ,�v�]n//P�b �� �T7, r3o�c // � s✓j,d cis�aST,s,�� �!� • � �-6oi �+f1.C7`y ,F C.•krrsf/z/� ✓: 5<vARTZ �,�/�. T cam+%; /',e o SSeaz�¢eo_c�r-c>-ax,v _ 0 0 25' -o e�o�LcSsri/ �. 8o'�S-�f•�f�, m,��l�R��P� f�if 7-�-//7 �.¢�.eiF� �R'iP�� s'D'�• S-S"��'-/ibO-tx�c-,s�c�o - as 3/-� 5u O Ae� ,l /"j 3-75 �✓ �i{�'�/C.a,./•e v� f'zoPGs�`�- z � � ss000 f}oo -caroo -o0t� -od r(-o lY 1131CAaDl!- /QT?, i a,K e0 7 ��GC�a�i✓ /,��(r� .7'a .xh S.S 8 o1^J- �Gb- 0000-GL�Q�- o00I -o Pi�j/S,4`� a"1��`; S 5•r3om _/i�t�o-tx�oo--0000 - 000� -o �/ (p , :�', W • 1'� /�`f � <-Z> f} /2T' '% /3o X9' o G✓i�%fi<6sri�, !�% �'7'G c � Ct/j /s o i✓ �j�rr� a�F : 55,3 00 - /{ao - ouoo-©ocao-oor�7- o ,p -rj26�Jsi L"O5%�/lo o27,7 �9oX68, ss/i�v0�fosrrs�z� fl.R s-�6o, /?ee f]A*`S � � Z55f3 om - A-c� - u�oor c�+oo -- o0 o�q_•, y �kP3cY2,9h! f. �Era(�4dsni ,eT � �+G g��f1, ti/i.�G/fGSTP� !/i�.� 7-fai P�ojoo y �' S57I3oo.- dzn/- oox�-�roo 000�-3 cz�%te. ��ec� \ISew % U Mr. John Horn Planning Department Frederick County Court Square Winchester, Va. 22601 �il" + � `''• AUG 1985 gE,GC1VED t ,t DEPT, OF PLANNING `�. AND DEVELOPMENT Re: Rezoining application for 200 plus or minus acres laying between Route 7,I-81, and Hackwood property. Deal Sir: I understand a rezoining has been, or will be filed on the parcel above. As trustee of a portion of the Hackwood pro- perty, which abuts the referenced parcel, I would appreciate official notification of any and all public hearings of'what- ever nature relative to the rezoining to both addresses below. Daniel K. Macklin 512 queen Street Alexandria, Va. 22314 R. F. Curtis .., Box 4142 Colesville, M.D. 20904 Your attention to this matter is appreciated. Sincerely, Daniel K. Macklin CC: Mr. R. E. Curtis Page Two Rezoning NAME 5. Address: Property ID#: 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10.~ Address: Property ID#: 11. Additional comments, if any 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 the County of Frederick, Virginia, with the above facts as support of this application . . . Signature of Owner: Signature of Applicant 'POAA1_0 L • FDu l' EA2. Complete Mailing Address: P0. 8>6 802 (,tJlW61N STE' , V' Telephone Number: 7p3 — ka-7— /26o(,, For Office Use Only -11 PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed r � BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) �11 8 Approval Denial COUNTY ADMIN. (signe � • C-`)0 I IRON PIN PLACE LAND S 43 26 1 _86 MErgLTKHART LAND 9 „ yU„ 5 N W b O � � Z Q W J J O M n W _ U J a N lil 1 N 39°12'3p.E I IRON PIN 200' I IRON PIN GAS c v P5 �- o V COI W LOT O d n z o rN f O d N Cr 1� i N b a W � , o N O �"I o w 3 Q W Q N �w J IQ�� 202.78 AC. * o v ^ I o 2 r1i Z ,, 'V 0 q 0� 2 �\ N B? J/ 3 ,00* P Z N8o ° S4 °S4 D F ` /8/ I 22 N06897� 8' N47*07'ao 11"30,, IRON T F . PIN W-in ..l 0S F /88 OCRRONT/�G IJ' /RONpIIV I N 46 1/93 32 0.75 AC. LOT. -ELW000 M. WOLFE - 40'' 225 - 57 L. C. E I AC. LOT- MARSHAL L. WARNER-228-315 COLE LAND SEt I IRON PIN The Accompaning Plat is a Survey of the Sarah 0. Warner Estate Farm. The said Land lies north of the Berryville Pike - Rt. 7, just east of the City of Winchester, in Stonewall District, Frederick County, Virginia: Beginning at an iron pin in the southern line of the Old Roadway the southeastern corner of the Charles Warner Lot, running with the said line, the northern line of the Lots fronting Berryville Pike, and the southern lines of the 1 Ft. Right - of - Way leading across the Farm to the 0.75 Acre Lot and 1.0 Acre Lot, N. 690 04' 20" E - 277.2 ft, to a post; thence N 61° 43' 30" E -C'01�11 5.8 ft, to a 2° 11 ' - 22, ft. to a unit': I.icnice N (;2° ]]' 1? - 1')". t'Y., to post; thence T1 1 1 E 3 Tj onsm;ssion Lo Cj N �s, d - 0kvo, r— �Zjdh Iz C'J -10 0 0 0 0 0' —0 0 0 N • F, I iA- z1 ®;;_ -.Iwwwwww�-- 000-,Oeo**9*4%c#o np*w ►0 0000 *—0 0000*Oo 0*0 ♦40001a 0 0 0 0,40 0 0 0 0 o 0 o 0 04 I Fj,;. _'%1CK W, (GCT. • This Instrument of writing was produced to me on the 26th day of December, 1961, at 4:40 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. i #2591 KENNE H E. WARTIER, EP AL TO: .. .. :DEED JOSEPH F. HUGHES, ET UX s-1 THIS DEED made and dated this 15th day of December, 1961, by and between Kenneth E. Warner, Executor, and Helen V. Wolfe, Executrix, of the Estate of Sarah 0. Warner, Ikiceased, parties of the first part, Joseph F. Hughes & Ethelyn A. Hughes, his wife, co-partners trading as Joseph F. Hughes & Company, parties of the second part, and Edgar Kenneth Warner and Evelyn G. Warner, his wife, Elwood Murphy Wolfe and Helen Virginia Wolfe, his wife, Evelyn K. Warner, widow of Marshall L. Warner and Catherine J. McTiernan, formerly the widow of Charles William Warner, deceased, and Patrick A. McTiernan, her husband, all parties of the third part. WHMIEAS, the late Sarah 0. Warner by her last will and testamen duly probated and of record in the Clerk's Office of the Circuit Court of Freder County, Virginia, in Will Book No. 64, page 270, directed her Executor and Executrix to sell her real estate; and WHEREAS, the said parties of the first part being the duly qualified Executor and Executrix of said estate, offered the hereinafter described property for sale at public auction, after due advertisement of the time, terms and place thereof, at which said sale the parties of the second part became the purchasers at the bid of Sixty-two Thousazi Dollars ($62,000.00), that being the highest offer received; and WHEREAS, the purchase price of said property has been paid in cash at and before the execution and delivery of this deed. NOW Zi=ORE, in consideration of the premises, and the sum of Sixty-two Thousand Dollars ($62,000.00) cash in hand paid, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with special warranty of title, unto the parties of the second part, their heirs and assigns forever, all of that certain tract nor parcel of land con- taining 202.78 acres, more or less, together with all improvements and appurtenance thereto belonging, lying and being situate a short distance North of the Berryville Pike, Virginia State Highway No. 7, just East of the City of Winchester, in Stonewall District, Frederick County, Virginia, and being the same land that was conveyed to the late E. H. Warner and his wife Sarah 0. Warner, with common law right of survivorship by said E. H. Warner et ux, by deed dated March 1, 1958, and of record in the aforesaid Clerk's Office in Deed Book No. 251, page 264, and whict upon the subsequent death of said E. H. Warner vested in his surviving wife, Sarah 0. Warner, in accordance with the provisions of said deed. Said deed describes said tract of land as containing 199 acres, more or less, but according to a recent survey it has been ascertained to contain 202.78 acres, more or less. A plat and I r • • metes and bounds description of said land made by Lee A. Ebert, Surveyor, is attached to, and by this reference incorporated in, this deed. WHEREAS, the parties of the third part are the owners of cer properties fronting on the hereinafter described right of way and desire, toge with the parties.of the second part, to determine and fix their respective rights and responsibilities in connection therewith, therefore THIS DEED FURTHER WITNESSETH: That for and in consideration the sum of One Dollar ($1.00) cash in hand paid by the parties of the second part to the parties of the third part and by each of the parties of the third part to the parties of the second part, the parties of the first and second parts do agree that the boundaries of the right of way described on the attached plat and survey of Lee A. Ebert, dated November 10, 1961, as a 15 foot right of way leading from the Berryville Pike is as described in said plat and survey and further that said right of way shall be used or maintained in common by the parties of the second part and the parties of the third part, their administrators, heirs, executors, and assigns, for all purposes of ingress and egress to and from their respective properites and the Berryville Pike also known as U. S. Route No. 7. Witness the following signatures and seals. KENNETII E . WARNER EXOR . ( SEAL) Executoro e Estat5o ********************** Sarah 0. Warner, Deceased REVENUE STAMPS $68.20 CANCELLED * HELEN V. WOLFE (SEAL) **********************Executrix of the Es a e o _ Sarah_.O— Warner, Deceased State of Virginia County of Frederick, to -wit: JOSEPH F.- I UGIIES ( SEAL) Partner ETHELYN A. HUGHES (SEAL) Partner EDGAR KENNETH VIA13NIM (SEAL) EVELYN G. WARNER (SEAL) ELWOOD MURPHY WOIFE (SEAL) HELEN VIRGINIA WOIFE (SEAL) EVELYN K. WARNER (SEAL) CATIIERINE-J. MCTIERNAN (SEAL) PATRICK A.McTIERNAN (SEAL) I, Virginia Ritter, a Notary Public in,and for the County of Frederick, in the State of Virginia, do hereby certify that Kenneth E. Warner, Executor, and Helen V. Wolfe, Executrix, of the Estate of Sarah 0. Warner, Deceas and Edgar Kenneth Warner and Evelyn G. Warner, his wife, Elwood Murphy Wolfe and Helen Virginia Wolfe, his wife, Evelyn K. Warner, widow, and Catherine J. McTiern and Patrick A. McTierna.n, her husband, whose names are signed to the foregoing writing bearing date of December 15th, 1961, have personally appeared before me, my county afresaid, and acknowledged the same. Given under my nand this 16th day of December, 1961. My commission expires March 10, 1964. VIRGINIA RITTER Notary u c State of Maryland County of Baltimore, to -wit: I, R. Jean Alder, a Notary Public in and for the�-ounty of Balti more, in the State of Maryland, do hereby certify that Joseph F. Hughes & Ethelyn A. Hughes, his wife, co-partners trading as Joseph F. Hughes & Company, whose name are signed to the foregoing writing bearing date of December 15, 1961, have personally appeared before me, in my county aforesaid, and acknowledged the same. Given under my hand and notarial seal this 26th day of December 1961. My commission expires may 6, 1963. , 1 0 0 an iron pin corner to the 1.0 Acre Lot; thence with a portion of the western line of the said Lot, crossing the eastern line of the said Right - of - Way, N 300 12' W - 12 ft. to an iron pin corner to the said 0.75 Acre Lot; thence with the two following lines of the said Lot S 620 11' 30" W - 198 ft. to a metal post; thence N 24° 37' 30" W - 170 ft. to a post; thence with another line of the said Lot and continuing with the northern line of the said 1.0 Acre Lot N 620 11' 30" E - 428. ft. to an iton pin; thence with the eastern line of the said Lot S 270 37' 30" E - 181.8 ft. to an iron pin corner in the northern line of the Lots fronting Berryvil e Pike; thence with the four following lines of the said Lots N 620 11' 30" E - 46. ft. to an iron pin; thence N 540 54' E 506.89 ft. to an iron pin, the said pin beiig N 870 E - 7.25 ft. from a 30" Oak Tree; thence N 47' 07' 30" E - 181.85 ft. to an Iron pin; thence S 700 10' E - 4o8.85 ft. to an iron pin corner to the L. C. Cole Land; thence with the northwestern line of the said Land N 46° 26, 40" E - 1193.32 ft. to a set stone corner to the Dr. Smith land; thence with the southwestern line of the said Land N 59' 00' 09" W - 3915.0 ft. to an iron pin corner to the Lockhar Land; thence with the southeastern line of the said Land N 42' 17' 30" W - 1452.8 ft. to a metal post corner to the Place Land; thence with the two following lines of the said Land N 43° 26' 15" W - 862.95 ft. to an iron pin; thence S 47' 17' 30" E - 1876.82 ft. to'an iron pin corner to the Charles Warner Lot; thence with the two following lines of the said Lot N 39' 12' 30" E 200 ft. to an iron pin; thence S 470 59' 54" E - 1069.86 ft. to the beginning. Containing - - 202.78 Acres. Also shown is the 15 Ft. Right - of Way leading from the Berryville Pike to the Point of Beginning of the Farm; Beginning at a metal post corner to the Gentry Lot in the northern highway boundary line of -the Berryville Pike, running with the said highway, boundary line S 870 E - 15.25 ft.; thence N 130 25' E - 200 ft. to an iron pin; thence N 15' 15' E - 99.15 ft. to an iron pin; thence N 20' 30' E - 41.05 ft: to an iron pin; thence N 410 E - 52.1•ft. to an iron pin; thence N 65' 19' E -231 ft. to an iron pin, the Point of Beginning of the Farm, also the southeastern corner of the Charles Warner Lot; thence with -the northeastern -end of the said Right - of - Way N 47' 59' 54" W - 16.33 ft.; thence S 65- 19' W - 227.76 ft. to an iron pin; thence S 41' W - 58.04 ft. to an iron pin; thence S 20' 30' W - 44.45 ft. to an iron pin; thence S 150 15' W - 100.08 ft Lo an iron pin; thence S 13' 25' W - 203.05 ft. to the beginning. Also shown are the Gas Company Lot and the Right -..of Way leading from the said Lot, the Gas Line Right - of - Ways and the Northern Power Company Line Right - of - Way. Surveyed - - - November 10, 1961. LEE A. EBERT Certified Land Surveyor, Comm. of Virginia # 484. VIRGINIA FREDERICK COUNTY, (SCT. This Instrument of writing was produced to me on the 27th day of December, 1961, at 10:45 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. �• i in.. - _ • N. rya 0 o tv^ y y en Q P \ f` �• Warner The following is a survey of a lot or small portion of the E. H. ':darner land, lying about two miles east of Winchester and north of the Berryville Pike. highway No. 7; the parcel here about to be conveyed fronts on the 'darner private entranc drive leading from his residence to Highway No. 7 and lies to the north east of and joins the Edgar Kenneth Warner's former. purchase; The beginning corner is the south eastern of the Edgar Kenneth ''darner s lot; it is also in the southern boundary line of the above menti-oned private lane, runniig with said boundary line N. 72 E. 4.94 rods to a stake corner; thence crossing the road N. 48 1/2 W. to an Iron pin just south of the northern boundary line of the road; con- tinuing in all 64.84 rods to a post corner to E. H. Warner's other land; thence S. 38 1/2 W. 12.12 rods to a stake corner in Evans line; thence-4ith Evans line S. 48 E. 27 rods to the north western corner of Edgar Kenneth Warner's Lot; thence with the two following lines of his lot N. 71 E. 9.39 rods to a post corner; thence S. 48 1/2 E. 3027 rods to the point of beginning containing 3.12 acres. Surveyed June 1954 'NALKER 1.IcC . BOI.'D -C . E. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 29th day of June 1954 at 2:05 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. a o ,CLERK 1'.y commission expire ,• r .I /1:;/4 C. I Given under my hand this 12 day of February, 1�:'40. DOROTHY ]'CC. RICE I+otar3�ubTic I Y�a'r6T ►-a��d• N {her 0 j sJso �� .o4Ay A N JJ do rd _ � r� ��• %' l The following; is a survey of a portion of the E. H. �'iarnl is and Sarah 0. 'iarner's, his wife, tract of land, which is about to be conveyed to Edgar Kenneth 7larner, situated and lyin7, in Stonewall Mafisterial District, Frederick Co., Staie of Virr.inia, about two miles east of Winchester fronting on the Warner's Private (toad and is more particularly described by a survel, viz: • BeSinningy at a point in the above mentioned private road] I I vrhich point is in the property line of the 70arner land and the Place land, and the Gentry, land extended southeastwardly to the said point, running with the Gentry land and the Place land iv 48' `i' 37.69 rods to a stake corner to Warner's' other land; thence through the other land by the following courses and distances; h` 71z' E 9.39 rods to a stake corner; thence S 48' E 37.69 rods to a point in the ';;arner Private Road; thence with the said road S 712' V1 9.39 rods to the point'of beginning. Containing 2A - 0 R - 4 sq. po. I Surveyed October 31, 1,45. by .e`:;ALKLR i'cC. BOIID 7,a r DC. _boi-i-d G j tiIR�rIIYIA F11DERiCK COUI111'1', (SCT. This instrument of viritinr, was produced to me on the 12th i da � of ].:arch 194E at 10:40 A.]'. and v:ith certificate of acknowledgment thereto annexed 11 v,•as admitted to record. r 11 _ /l uj > r_ - , CLE #?: i; ici:i'r':—:: ici; iFibii•�Y?'—.ii:?:it-iF?HHFi: �SiFi: iFiriNF?FiF#ic #397 ARCIIIE II. U11DEF.VOOD ET UX if TO : :: : : DEED iF GEORGE D. KDABLEETUX iF I •••c:'-ii-::i.'-inFirici'r':?: iii�iFiF:••••cifiri: ?;�tiii;•i:iFi; i:-•7FiFi;-i; ?F I This D E E D made this 30th day of October, 1945, by and between Archie 11. Undeniood and Beulah Underwood, his wife, parties of the first par , I 1` .E _da This Option Contract made and dated this 0 Y I !I19tIby and between Russell N. Carrier, Russell N. Carrier, Jr., and his wife, IJoy Carrier, collectively herein called Optionor, and Donald L. Fowler or .!assigns, herein called Optionee. 1' !I Witnesseth: That for and in consideration of One Thousand Dollars '�($1,000.00) cash in hand paid to Optionor, the receipt of which is hereby �i .acknowledged, Optionor does hereby grant unto Optionee for a period of one hundred twenty (120) days from the date hereof, the OPTION and right to purc. for the sum of Twenty Thousand Dollars ($20,000.00), a strip of land (herein ii lithe PROPERTY) from Optionor's 7.31 acre tract, as more fully set out herein, upon the following terms, covenants and conditions. Optionor's 7.31 Acre Tract - Said tract fronts on the northern side of Primary Route #7 in Stonewall Magisterial District of Frederick County, and, along its rear line, borders for a distance the "Lane to the Warner Farm" and is the same tract an undivided one-half (i) interest in which was conveyed to Kinross Farm, a Virginia Limited Partnership, by Deed dated October 1, 1980, ,of record in the Office of the Clerk of the Circuit Court of Frederick County, Va., in Deed Book 529, at Page 498. A survey plat of the tract is recorded in said Office in Deed Book 216, at Page 152, and a copy is attached hereto as i4 Exhibit A. PROPERTY - The strip of land to be conveyed extends from the western line of I " Optionor's said tract in a northeasterly direction along the Lane to the I) i Warner Farm", bordering that lane, a distance of approximately three hundred five (305) feet, is nearly a parallelogram in shape, is of sufficient width, i I when added to the width of the "Lane to the Warner Farm", to provide an overall] '!roadway g wa right of width of sixty (60) feet and in total comprises approxi- .Y %ately twenty-five hundredths (0.25) of an acre, all as depicted in Exhibit B ,i attached hereto, to be more fully described by survey. It is the intent that , upon its purchase the strip of land will be added to the 202 acre Hughes tract (formerly the Warner Farm) which lies to the north of Route 7 and which Optionee ;!has contracted to purchase. 1� 1�SURVEYS - The cost of surveys needed in connection herewith shall be borne by I Optionee. f t �I OPTION EXTENSIONS - Optionee shall have the right to extend this OPTION for (! three (3) additional periods of thirty (30) days each by giving Optionor written notice thereof, prior to the expiration of the then current OPTION I period, and therewith paying to Optionor an additional Five Hundred Dollars �i ,! ($500.00) for each such thirty (30) day extension. Such notices and payments �1 may be delivered to Optionor or mailed to Optionor by-U. S. Certified Mail i addressed to Russell N� Carrier, Box 446, Middleburg, Va. 22117. Mailed notice will be considered timely if postmarked on or before expiration of the i then current OPTION period. In the event the OPTION is exercised: 1. The closing will take place at the office of H. K. Benham, III► 21 S. II Loudoun St., Winchester, Va., within thirty (30) days following the date the I OPTION is exercised, at the date and time arranged with the parties by Mr. 2. Optionor shall prepare, acknowledge and deliver to Optionee at closing a General Warranty Deed with English covenants of title subject only to easements rights of way and restrictive covenants now of record. 3. Optionee shall pay the purchase price, less a credit for the $1,000.00 OPTION payment, to Optionor by cash or certified check upon delivery of the deed. 4. If the Optionee notifies the Optionor of any objection, not excepted above, to the record title of said PROPERTY as the result of title examination by a ` qualified title examiner, then Optionor shall have a reasonable time to correct any such defect in title, and closing and settlement date shall be postponed accordingly. If Optionor cannot remedy the defect by use of due diligence 'I within three (3) months after notification thereof, Optionee shall not be �I required to take the PROPERTY and shall be entitled to a refund of all amounts it d this shall constitute a full release of all liab �I paid hereunder an ility of ;either party to the other arising out of this Option Contract. i 5. Optionor will pay for preparation of the deed, the State tax on conveyances ..and the costs of curing defects in title, if any. Optionee will pay for any survey, title examination, title insurance and expenses of recording. I - 2 - is 6. Real estate tax on the PROPERTY will be prorated as of the date of closing. i' 7. Optionee will be given possession of the PROPERTY on the date of closing. 8. It is Optionor's intent that their signatures hereto shall be applicable to their individual as well as their partnership interests in the PROPERTY, as the �I case may be. !i 9. Optionee will pay to E. E. Bayliss, Jr., Realtor in cash at closing a commission of $500.00. Exhibits A & B, attached hereto, are by this reference made a part hereof. This Contract shall be construed, interpreted, and applied according to the law of the State of Virginia and shall be binding upon and shall inure to the bene-I ii fit of the heirs, personal representatives, successors and assigns of the par- ties. Witness the following signatures and seals. Id (Seal) nalL. Fowler, Optionee E. E. AYLISS, JR. B (Seal) James H. Ross ( Seal ) KCCarier, Optionor _(Seal) I. Carr ier,, ptionor (Seal) Jo Y Crier, 0ptionor MM Ole.:,Z. G G e Wiz. i�58....._..._ ... . __ . __. ......... .� , l�jr ecsssiss�on espir clues oalsr hand thin 16 dp of Sept�trT,IO1%�br�0�. Oar War _ 40 mic M T LI-7 j_-, "PF •tblcM W►'YVIII&�l The sbm 1W is a correoted Survey of Lot - 1 and Lots • Ws S b 4 of the Plat of Lots of Moord in the om" of the Clark of the Circuit Coact s4 Frederick County is Deed nook • 1+i8 • PW - 170. In an st"t to establish the liras Of Lot - 1, I found several errors in the ori4insl L7out, which rde it necessary to ' Surrey the established bound417 lines of the four Lots'st►d to establish the abOYS did line agreed upon by the COMM of Lot - 1 and Lots - 2, 8 4 4' The said Lots frcl►t ti►s northern highway boundary line of the Berryrllls Pile about two Silas east of the City Winchester in Stonewall Districts Frederiak County► Virginiat Lot • • l • • 1.7 Ames: Beginning at a stake at the intersection of the east liw ad the lane landing to the Warner Fares with the northern -highwp boundary line of tbs ♦i11e Pbei, raaning with ,the .said .1ighg%y boundary line S No 45' S - 225A ft. to a thence with the said new division line it 1' 22' k 6IM-8 ft, to a stales in tie sawth �, of the Warner Fars Lane ce t thenwith the three following lines of tie said $ � . W - 70 ft. to a posts then" S 61' 15, W - 100.1 ft* to a stab i then" 8 12" 19, SU.2 ft. to the beginning - LOTS . • 2s 8 i 4 - • 7.81 Aare&: Beginning -at s post in the bighway boundary lice,, a comer to Lot - 1, running with the said bowdary line 8 87e 45' g - 6a8.8 fte to a post eo M to Lot - 5= Beane with the western .line of Lot - .5 = X 5e lb' i • 7" it. to s po&t U A line of the Warner yam; thence with s line of the ssi+d Fars 8 61' 10s v ' Im ft. to a &t then" with the three tollowiag l` nee& at the Lsm 3soAing to tbs FUR 8 We 460 W • v iiu �99■ 1S9x —� it • ' — l 699 ■ dw �� ❑ t �� _ _ MA (� N il9 - /SYR , F- • ift.ft/ ; do mom Ile .� � s,� e• dp _ �?� . ems' •,� ��'a'1s% �1��dv� a� —• / e - \ 3n%49 i This Option Contract made and dated this %(vT5day of , 1.�by and between Helen R. Snapp and Betty V. Snapp, T/A Snapp's Apple Cart,; a Virginia partnership herein called Optionor, and Donald L. Fowler or assigns,; herein called Optionee. Witnesseth: That for and in consideration of One Thousand Dollars ($1,000.00) cash in hand paid to Optionor, the receipt of which is hereby acknowledged, Optionor does hereby grant unto t�O�ptionee for the period of one hundred twenty (120) days from the date hereof,/OPTION and right to purchase, for the sum of Fifteen Thousand Dollars ($15,000.00), an easement over a portiop , of Optionor's 1.7 acre Lot 1, as more fully set out herein, upon the following terms, covenants and conditions. (�i)tionor's Lot 1 - Said Lot fronts on the northern side of Virginia Primary j i Route #7 in Stonewall Magisterial District of Frederick County, Virginia, and along its western and northwestern boundaries borders the "Lane to the Warner Farm" and is the same Lot 1 conveyed to Alfred L. Snapp, Sr. & Alfred L. Snapp,' Jr., T/A The Apple Cart by Deed dated May 1.7, 1977, and recorded in the Office of the Circuit Court of Frederick County in Deed Book 473, at Page 739, in which Deed Lot 1 is comprised of Parcels 1 & 3. A survey plat of the Lot is recorded in said Office in Deed Book 216 , at Page 152 , and a copy is attached hereto as Exhibit A. EASEMENT - The easement to be conveyed borders Ae "Lane to the Warner Farm" along the west and northwestern boundaries of Optionor-'s Lot 1, extends from the north side of Virginia Route 7 to the eastern property line of said Lot and is of sufficient width, when added to the width of the "Lane to the Warner Farm", to provide an overall roadway right of way width of sixty (60) feet, as ' depicted in Exhibit B attached hereto. The easement shall be an ingress and egress easement and an easement for the extension of utility lines from Route 7 to the 202 acre Hughes tract (formerly the Warner Farm) which lies to the northi r of Route 7 and which Optionee has contracted to purchase. Conveyed with the easement will be the right to improve and maintain the easement area, to in- clude the right to make such cuts and fills as are necessary; provided, however., that the finish grade of such roadway shall not be higher than Optionor's retained parcel on the east, where it abuts the roadway right-of-way. OPTION EXTENSIONS - Optionee shall have the right to extend this OPTION for i three (3) additional periods of thirty (30) days each by giving Optionor written notice thereof, prior to the expiration of the then current OPTION period, and therewith paying to Optionor an additional Five Hundred Dollars ' ($500.00) for each such thirty (30) day extension. Such notices and payments may be delivered to Optionor or mailed to Optionor by U. S. Certified Mail addressed to Helen R. Snapp & Betty V. Snapp, Route 4, Box 459, Winchester, Va. 22601. Notice, if mailed postmarked on or before expiration of the then i current OPTION period will be considered timely notice. CREDIT FOR OPTION FEES - The initial $1,000.00 OPTION fee will be applied toward payment for the easement at closing. Payment for OPTION extensions shall not so apply. I FURTHER CONSIDERATIONS - Optionee covenants that, in the event the OPTION is exercised, (1) he shall install water and sewer laterals from the extended water and sewer mains, to the front property lines of Optionor's two retained parcels (one parcel on the east side of the ease- ment area and one parcel on the northwestern side of the "Lane to the Warner Farm";)and i (2) he shall do nothing nor interpose any ejection which would interfere with Optionor's right or ability to have its said a retained parcels served by other public utilities (electricity, telephone and gas). Optionor covenants that, in the event the OPTION is exercised, (1) they shall, upon Optionee's written request, execute such further deeds and instruments as are necessary to dedicate said easement area as a public roadway as part of Optionee's subdivision plan for said Hughes tract; and (2) they shall, at such time as the road constructed by Optionee over the easement conveyed is accepted by the Commonwealth of Virginia or any subdivision thereof into its system of roads and highways, execute such further deeds and instruments as are necessary to effect the take over of the right of way by the Commonwealth of Virginia or other governmental subdivision thereof. - 2 - • The preceding two covenants by Optionor are of course subject to the condition that Optionor, their successors and assigns shall have reasonable access to any such dedicated or State roadway from their said two retained parcels. SURVEYS - The cost of surveys needed in connection herewith shall be borne by Optionee. EXERCISE OF OPTION - Exercise of this OPTION shall be by written notice de- ; r livered to Optionor/ailed to Optionor by U. S. Certified Mail addressed to j Helen R. Snapp & Betty V. Snapp, Route 4, Box 459, Winchester, Va. 22601. Notice, if mailed, postmarked on or before expiration of the then current OPTION period shall be considered timely notice. In the event the OPTION is exercised: 1. The closing will take place at the office of H. K. Benham, III, 21 S. Loudoun St., Winchester, Va., within thirty (30) days following the date the OPTION is exercised, at the date and time arranged with the parties by Mr. Benham. 2. Optionor shall prepare, acknowledge and deliver to Optionee at closing a Deed of Easement subject only to easements, rights of way and restrictive covenants now of record. 3. Optionee shall pay the purchase price, less a credit for the $1,000.00 OPTION payment, to Optionor by cash or certified check upon delivery of the deed. 4. If the Optionee notifies the Optionor of any objection, not excepted above, to the record title of said property as the result of title examination by a qualified title examiner, then Optionor shall have a reasonable time to correc any such defect in title, and closing and settlement date shall be postponed h•• accordingly. If Optionor cannot remedy the defect by use of due diligence i within three (3) months after notification thereof, Optionee shall not be required to take the property and shall be entitled to a refund of all amounts • t paid hereunder and this shall constitute a full release of all liability of either party to the other arising out of this Option Contract. 5. Optionor will pay for preparation of the deed, the State tax on conveyances and the costs of curing defects in title, if any. Optionee will pay for any ; survey, title examination, title insurance and expenses of recording. - 3 - • • 6. The easement will become effective on the date of closing. 7. Optionee will pay to E. E. Bayliss, Jr., Realtor in cash at closing a commission of $500.00. Exhibits A & B, attached hereto, are by this reference made a part hereof. 7 s Witness the following signatures and seals. _ (Seal) CLna—ld L. Fowler, Optionee E. E. BAYLISS, JR. By. �i� (Seal) ames H. Ross =M (Seal) Helen R. Snapp, Partner, Optionor ��4 .(Sea ) Betty V. apartner, 01 nor k N.. MY cowwmwisaion expires 6, 1959. Given under my hand this 16 day of September, 1950. JESSIE M. THOIUWb sr .4''i1 ar _1 41 4. a' v w b 731 :Sri R,3., 4 1� 1.70A.:ktl . C� Lit 1 ,�� see• •R _.szs.e' PT�fB�b� DsroyvlwwG. Pig*. Poet The above Plat is a corrected Survey of Lot - 1 and Lots - 2, 9 & 4 of the Plat of Lots of Beoord in the Off ice of the Clerk of the Cirouit Court of Frederick County in Deed Book - 148 - Page - 170. In an attempt to establish the lines of Lot • 1, I found several errors in the original layoutk which made it necessary to Surrey the established boundary lines of the four Lots and to establish the above divial line agreed upon by the owners of Lot - 1 and Lots - 20 9 do 4. The said Lots front the northern highway boundary line of the Berryville Pike about two miles east of the City c Winchester in Stonewall Distriot, Frederick County, Virginia: Lot - - 1 • - 1.7 Awes: Beginning at a stake at the intersection of the east lice of the Lane leading to the Warner Farm with the northern• highway boundary line of the Berry Tills Pike, running with the .$aid.highway boundary line S 87' 45' 8 - 225.4 ft. to a poa thence with the said new division line B 1' 22' 9 ft., to a stake in the south 1' of the Warner Fars Lane; thence with the three following lines of the*aaid Lwwe S 66' 86' W - 70 ft. to a post] thence S 61' 15' W - 109.1 ft. to a stake; thence S 12' 19' W - 855.2 ft. to the beginning. L0T9--2, 9&4--7.31Acres: Beginning,at a post in the highway boundary line, a corner to Lot • 1, running with the said boundary line S 87' 45' 8 - 626.8 ft* to a post corner to Lot - 5; thence with the western line of Lot -.6 = N 5' 15' 1 - 764 ft. to a post in a line of the Warner Farm; thence with a line of the said Fars B 61' 10' W - 118 it. to a at; thence with the three following 1'ae5 of the Lane leading to the Fars 3 14e 451 W • commission expires � 6, • • Given under yr band this 16 day of Septeaber, 1950. JESSIE K. TH01tPSON -The above Plat is a corrected Survey of Lot - 1 and Lots - 2, 3 4 of the Plat of Lots of Record in the .0ffios of the Clerk of the Circuit Court of Frederick County in Deed Book - lU • Page - 170. In an attsmpt to establish the lines of Lot - 1, I found several errors in the original layout, which made it necessary to Surrey the established boundary lines of the four Lots ant to establish the above divisi live agreed upon by the owners of Lot - 1 and Lots - 2, 3 do 4. The said Lots front the northern highway boundary line of the Berryville Pike about two miles east of the City 01 Winchester in Stonewall Distriot, Frederick County, Virginias Lot - - 1 - • 1.7 Aoress Beginning at a stake at the intersection of the east line of the Lne leading to the Warner Farm with the northern• highway boundary line of the Berry Tills Pike, running with the ,ssid,highway boundary line 8,870 46' 1 - 225.4 ft. to a Post thence with the said new division line U l' 22' g='436.3 ftto a stake in the south 1 im of the Warner Farm Lam; thence with the three following lines of the•said Lane S 66' 35' W - 70 ft. to a post; thenoe S 61' 16' W - 109.1 ft. to a stale; thence S 12' 19' W S55.2 ft. to the beginning. LpTS-•2, 34 - - 7.31 Acres: Beginning,at a post in the highway boundary line, a corner to Lot - 1, running with the said boundary line 3 870 46' 8 - 526.8 fto to a post corner to Lot - 5; theca with the western line of Lot -,6 = 1 5' 15' 1 - 764 ft. to a post in a line of the darner Fars; thence with a line of the said Farm 3 61' 10' W - 118 ft. to a ipost; thence with the three following li;les of the Iwne leading to the Farce 3 V 45' M - ft .3> •'7fioe/q G Or**DEZ� 40 Ajvlaj' DATED JULY 16 j 1 81 The Option Contract dated , JulZ 16 , 1985 by and between Helen R. Snapp and Betty V. Snapp, T/A Snapp's Apple Cart, Optionor, and Donald L. Fowler or assigns, Optionee, is hereby amended in the following respects: 1. The purchase price is changed from Fifteen Thousand Dollars ($15,000.00) to Eighteen Thousand Dollars ($18,000.00). 2. Paragraph (1) of Optionee's covenants appearing under "Further Considerations" on page 2 of said Option Contract is amended to read as follows: "(1) he shall install water and sewer laterals from the extended water and sewer mains, to the front property lines of Optionor's two retained parcels (one parcel on the east side of the ease- ment area and one parcel on the northwestern side of the "Lane to the Warner Farm"); provided, however, if Optionee's final li development plans do not include the installation of a sewer I� main in said 60 ft. right of way, Optionee will extend a sewer I main from Frederick County Sanitation Authority's 6" main near the southeast corner of said Lot-1 to said 60 ft. right of way �I via an easement to be granted by Optionor along the eastern R line of said Lot-1 to said 60 ft. right of way and will install ' a lateral therefrom to Optionor's retained parcel on the north- western side of the Lane to the Warner Farm, it being understood that such extensions will be installed in accordance with i; Frederick County Sanitation Authority requirements." i i 3. The following is added as paragraph (3) of sai2l'Optionee's covenants: i, �I 11(3) he shall, upon Optionor's request, sell to Optionor at his dealer's cost delivered to said Lot-1 the 14' x 40' portable building chosen by Optionor, such building to have 2 doors, 4 windows, vinyl lap siding, panelled interior, Owens-Corning insulation, electrical wiring (but with no electrical fixtures), it being agreed that the cost to Optionor shall not exceed $8, 000.00,Areprovided the Optionor' s request is made not more than ! eight months frrnn the date of this agreement." J, it It 4. The following is added as paragraph (3) of optionor's covenants: "(3) they shall, if requested by Optionee, pursuant to the provisions of paragraph (1) of Optionee's covenants, grant a sewer main easement along the eastern line of said Lot-l." Witness the following signatures and seals. L. Fowler, (Seal) �% ��'� (A 4� (Seal) Helen R. Snapp, Partner, OptionOr !� E. E. Bayliss, Jr. I i� (Seal) _ — Seal ) i By. J Ross Betty V. js7, p, Partner, tionor II 2 CO • COUNTY of FREDERICK w Department of Planning and Development �. John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 1758 October 30, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Donald L. Fowler Rezoning application to: Rezone 5 acres from EM (Extractive Manufacturing) to MH-1 (Mobile Home Community) for planned residential development. This property is located at the end of Warner Lane leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of November 13, 1985, at 7:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, hn R. Riley County Administrator JRR/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to cert' the the attached corresponden was mailed to the following on October 30, 19*rom the Department of Plannined Development, Frederick County, Virginia: MACKLIN, DANIEL K. HULVER, FRANCES E. C VICTOR E. HANSEN, TRUSTFE c� I & STUART A. HULVER P.O. BOX 4142 RT. 7 BOX 109 ✓ COLESVILLE, MO. ,'WINCHESTER, VA. 20904 1 22601 BARNHILL CONTRACTING CO., INC. /8OX 725 J TARBORO, N.C. 27886 SNAPP, ALFRED L. SR- F, ALFRED L. JR. T/A THE APPLE CART ROUTE 4 BOX 459 WINCHESTER, VA. 22601 BOYD, JAMES F. GENTRY, P. B. P. 0. BOX 141 C/O BENJAMIN F. GENTRY ✓ STERLING, VA. v 1936 ORMANO RD. 22170 BALTIOMRE, MO. 212'22 JWINCHESTER MALL, INC. BOX 520 WESTMINISTER, MO. NASH, ROBERT A. C/O NAT'L HANK OF WASHINGTON 619 14TH. STREET N.W. 21157 I WASHINGTON, D.C. 20095 Shenandoah Gas Company i P.O. Box 2400 Winchester, Virginia 22601 STATE OF VIRGINIA COUNTY OF FREDERICK (see attached page for more) John R. R'e , Administrator Frederic County Dept. of Plannin a Notary Public in and for the state and county aforesaid, do hereby certify that John R. Riley, Administrator of the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this My commission expires on day of , 1985. NOTARY PUBLIC MILDRED ri. WILSON S. W. E HILDA FC0, DENNIS T. & RT. 7 SOX 90 7 60X 129 ,WINCHESTER, VA. WINCHESTER, VA. ✓ 22601 226U1 WARNER, MARSHALL L. JR. E THOMAS L. WARNER J RT. 7 BOX 114 WINCHESTER, VA. JSWARTZ, DONALD LEE 6 CATHERINE V. RT. 7 BOX 112 WINCHESTER, VA. KINROSS FARM P• 0. BOX 446 MIDDLEBURG, VA. VAUGHN, BRENDA K. / RT. 7 BOX 107 ✓ WINCHESTER, VA. ;SMITH, JOSEPH C. ,�Z BOX 152-B8 BERRYVILLE, VA. COSTELLO, EDAARD C. i. IRENE R. RT. 7 BOX 88 WINCHESTER, VA. 22631 22601 DEHAVEN, STEVEN A. & DEBORAH F. ROUTE 7 BOX 89-A WINCHESTER, VA. ?2601 '� 22601 Daniel K. Macklin 512 Queen Street 22117 Alexandria, Virginia 22314 R. F. Curtis Box 4142 - Colesville, Maryland 20904 22601 Donald L. Fowler P.O. Box 809 Winchester, Virginia 22601 Hughes and Company 10 Charles Plaza -Suite 200 22611 Baltimore, Maryland 21201-4299 H. K. Benham, III Harrison $ Johnston 21 S. Loudoun Street Winchester, Virginia 22601 0 COUNTY of FREDERICK 0 y� Department of Planning and Development 2. f� John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director �w�l^ 4 703/662-4532 1758 October 23, 1985 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: Donald L. Fowler Rezoning application to: Rezone 5 acres from EM (Extractive Manufacturing) to MH-1 (Mobile Home Community) for planned residential development. This property is located at the end of Warner Lane leading northeastward from Route 7, just east of the intersection of Route 7 with Route 81. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 6, 1985, at 7:30 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. AR.Riley County Administrator JRR/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 FA- -TPis is to certe the the attached corresponden was mailed to the following on October 23, 1985 from the Department of Planning and Development, Frederick County, Virginia: MACKLIN, DANIEL K. HULVER, FRANCES E. & VICTOR E. HANSEN, TRUSTEE & STUART A. HULVER P.O. BOX 4142 RT. 7 BOX 109 ✓ COLESVILLE, MD. 'WINCHESTER, VA. 2�904 22601 BARNHILL CONTRACTING CO., INC. SNAPP, ALFRED L. SR. ,BOX 725 TARBORO, N.C. & ALFRED L. JR. ✓ T/A THE APPLE CART -/ 27886 ROUTE 4 BOX 459 . WINCHESTER, VA. 22601 BOYD, JAMES F. GENTRY, P. B. P. 0. BOX 141 C/O BENJAMIN F. GENTRY v ✓ STERLING, VA. 1936 ORMAND RD. 22170 BALTIOMRE, MD. 212122 JWINCHESTER MALL, INC. NASH, ROBERT A. BOX 520 ✓ C/O NAT'L HANK OF WASHINGTON WESTMINISTER, MO. 619 14TH. STREET N.W. 21157 WASHINGTON, D.C. 20005 Shenandoah Gas Company (see attached page for more) P.O. Box 2400 Winchester, Virginia 22601 e JohnjkV Riley, Administj�a o Fre erick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the state and county aforesaid, do hereby certify that John R. Riley, Administrator of the Department of Planning and Development, whose name is signed to the foregoing, dated 60't, Q3, l�'c)J , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of VN-C 1985. My commission expires on �j JA' kj NOTARY PUB IC Ir �OLE, DENNIS T. & MILDRED B. RT. 7 BOX 129 WINCHESTER, VA. 22601 WARNER, MARSHALL L. JR. ,& THOMAS L. WARNER J RT. 7 BOX 114 WINCHESTER, VA. JSWARTZ, DONALD LEE & CATHERINE V. RT. 7 BOX 112 WINCHESTER, VA. KINROSS FARM P• 0. BOX 446 MIDDLEBURG, VA. VAUGHN, BRENDA K. RT. 7 BOX 107 WINCHESTER, VA. SMITH, JOSEPH C. BOX 152-B8 BERRYVILLE, VA. 22601 22601 22117 2260 22611 i WILSON, S. W. & HILDA RT. 7 BOX 90 ✓.WINCHESTER, VA. COSTELLO, ED'WARD C. & IRE RT. 7 BOX 88 WINCHESTER, VA. DEHAVEN, STEVEN A. & DEBORAH F. ROUTE 7 BOX 89-A WINCHESTER, VA. Daniel K. Macklin 512 Queen Street Alexandria, Virginia 22314 R. F. Curtis ✓ Box 4142 - Colesville., Maryland 20904 i Donald L. Fowler P.O. Box 809 Winchester, Virginia 22601 Hughes and Company 10 Charles Plaza -Suite 200 ✓ Baltimore, Maryland 21201-429S H. K. Benham, III Harrison & Johnston ✓ 21 S. Loudoun Street Winchester, Virginia 22601 C,t` yaG COUNTY of FREDERIC;K 7 Department of Planning and Development ' ! RFOUEST FOR COMMENTS John T.P. I-lorne - Planning Director µ Stephen M. Gyurisin - Deputy Director ,,;,y 703/662-4532 TO: Mr. William H. Bushman Local Office: Resident Engineer VA. Dept. of Highways & Transportation Commerce Street P.O. Box 278 Winchester, VA. 22601 Edinburg, Virginia 22824-0278 (703) 662-8876 (703) 984-4133 FROM: John T. P. Horne, Planning Director DATE: August 8, 1985 SUBJECT: Review Comments for Conditional Use Permit X Rezoning Subdivision Site Plan Please review this reQuest for a Planned Unit Mobile Home Community located at 202.78 acres north of S. R. 7 and east of Interstate -Route bl Proposed building and improvements: Site Improvements per attached Concept This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by August 8, 1985 for the meeting of August 21, 1985 VDH&T Comments: 0 objection to rezoning -- VDH&T Signature: J• Date:ri _ Applicant's Name: Donald L. Fowler Address: 3318 Valley Avenue Winchester, Virginia 22601 Phone Number: ,703- 5-075 NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Highways & Transportation for comments on your project and to return all comments as part of your applica- tion before or on the submittal. deadline date. 9 Court Sauare - P.O. Box 601 - Winchester. Vireinia - 22601 COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director M E M 0 R A N D, U M Stephen M. Gyurisin - Deputy Director _.. 703/662-4532 TO: Sanitation Authorit ATTN: Mr. Wellington Jones Greenwood Fire Company I- ATTN: Mr. Walt Cunningham ATTN: Planning Department ATTN: Mr. John T. P. Horne Zoning Department , ATTN: Mr. Stephen M. Gvurisin FROM: John T. P. Horne, Director DATE: August 14, 1985 SUBJECT: Review Comments On: Conditional Use Permit Subdivision " X Rezoning Site Plan We are reviewing the enclosed request by Donald L. Fowler or their representative, H. K. Benham, III (667-1266) Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: 1 h- N -� -M) i �✓c 7 �' �1� r J �'r��ey-t i n c� e � �� ter✓ -Se ZI71W S T �IF f 11% 21 �, 727 SignaturWA ��/r1- 9 Curt Souare P.O. Box 601 Winchester. Virginia 22601 w/ COUNTY of FREDERICK Department of Planning and Development REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen N1. Gyurisin - Deputy Director 703/662-4532 TO: Mr. William H. Bushman Resident Engineer VA. Dept. of Highways & Transportation P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 FROM: John T. P. Horne, Planning Director SUBJECT: Review Comments for Please review this request for a Local Office: Commerce Street Winchester, VA. 22601 (703) 662-8876 DATE: August 8, 1985 Conditional Use Permit X Rezoning Subdivision Site Plan Planned Unit Mobile Home Community located at 202.78 acres north of S. R. 7 and east of Interstate 'Route dl Proposed building and improvements: Site Improvements per attached Concept This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by August 8, 1985 for the meeting of August 21, 1985 - VDH&T Comments: e) objer-ti nn to r'P7nnJ.ng VDH&T Signature: ZJ, X ��,,� ��J, Date: Applicant's Name: Donald L. Fowler Address: 3318 Valley Avenue Winchester, Virginia 22601 Phone Number: ,703- 5-075 NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Highways & Transportation for comments on your project and to return all comments as part of your applica- tion before or on the.submittal deadline date. 9 Court Souare - P.C. Box 601 - Winchester. Vireinia - 22601 • COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director M E M O R A N D U M Stephen M. Gyurisin - Deputy Director 703/662-4532 TO: Sanitation Authority V , ATTN: Mr. Wellington Jones Greenwood Fire Company 11(1, (1, A A , ATTN: Mr. Walt Cunningham i = (�1J �jrh� 1 r N: i PlanningDepartment h�V ly&) N: Mr. John T. P. Horne ��_ 1I Zoning Department L-0 LA'�TN: Mr. Stephen M. Gyurisin UY FROM: John T. P. Horne, Director DATE: August 14, 1985 SUBJECT: Review Comments On: Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by Donald L. Fowler or their representative, H. K. Benham, III (667-1266) Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Water and sewer available. Developer will have to extend line to site. Signature Date �� W CABLE ADDRESS'ALBER" TELECOPIER (301) 727-2468 Treasurer, County of P.O. Box 220 Winchester, Virigina Gentlemen: • LAW OFFICES BAKER & BAKER PROFESSIONAL ASSOCIATION 10 CHARLES PLAZA -SUITE 200 BALTIMORE, MARYLAND RIROI-4299 TELEPHONE (301) 837-3737 August 13, 1985 Frederick 22601 TWO CHARLES CENTER CHARLES STREET AT SARATOGA Enclosed is acheck on the Estate of Joseph F. Hughes in the amount of $6,097.34 in payment of Real Estate Taxes for 1981 to 1985 inclusive. I am the Executor of the Estate of Joseph F. Hughes but have never before received any of the above tax bills. I would appreciate your sending the tax bills in the future, addressed as follows: c/o George IV. Baker 10 Charles Plaza - Suite 200 Baltimore, Maryland 21201 �•• I would appreciate your sending me a receipt for this payment and also sending a copy of the receipt to Mr. John Horne, Director of Planning $ Development, 9 Court Square, Winchester, VA 22601. Sincerely yours, G rge W. Baker GWB : mem Enclosure iiYF Lr R.L.PEN. — rims" R.E.PEA[.- , R.E.'.NT.— =I65T R.E.— 1:,T OW._F y R.E.?EN.—'=iR5T - j ri.L -1114 FiP5T R.E.PEN . -SECOt P,-E.1NdT .—iECOND t.E.FIF - ` NAME `�� �Ql✓. J � STREET CITY AND STATE RECEIVED BY ' , '