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HomeMy WebLinkAbout009-87 Walter L. Pugh - Gainesboro District - BackfileCOUNTY I FREDERICK Departments OPlariping and Building i 703%�- 5650 April 15, 1987 Mr. Walter Pugh 354 Wood Circle Winchester, VA 22601 Re: Rezoning Request #009-87 of Walter L. Pugh. Dear Mr. Pugh: This letter is to confirm the action taken by the Frederick County Board of Supervisors at their meeting of April 8, 1987. Approval of Rezoning Request #009-87 of Walter L. Pugh to rezone 3.8792 acres from B-2(Business General) to RP(Residential Perform- ance). This property is located on Westminster -Canterbury Drive, Lots G, H, and I in the Gainesboro Magisterial District. If you have any questions regarding this rezoning, please call me at this office. Sincerely, Robert W. Watkins Planning Director RWW/jls cc: Eston 0. Rudolph, Jr., Commissioner of Revenue George B. Whitacre, Court Clerk 0 Colirt CrniarP P-0. Box 601 Winchester, Virizinia 22601 REZONING REQUEST #009-87 Walter L. Pugh Rezone 3.8792 acres from B-2 (Business General) to RP (Residential Performance) LOCATION: Westminster -Canterbury Drive (formerly Frederick Mall Drive), Lots G, H, and I on the left. Adjacent to the Westminster -Canterbury property. ADJACENT LAND USE AND ZONING: Single-family and vacant land zoned R-P (Residential Performance) and vacant land zoned B-2 (Business General). Residential Garden Apartments and/or Townhouses VA Dept. of Highways & Transportation - No objection to rezoning. Health Department - No objection; central water and sewer available. Sanitation Authority - No objection. Inspections Department - Shall comply with requirements of Use Group R, Section 309.0, of the BOCA Basic National Building Code, 1984. Round Hill Fire Company - No comment. Planning and Zoning - This rezoning involves lots adjacent to Westminster - Canterbury and across Westminster -Canterbury Drive from the Tudor Square development. This will reduce the area of B-2 zoning and increase the area of RP zoning. This proposal will not result in an increase in traffic over what could be generated from business development. In order to develop this site for multi -family use, some buffering will be required in relation to existing homes to the northeast. This may greatly limit multi -family development on Lot 6. Page 2 Pugh Rezoning This proposal will remove the row of B-2 lots that extends into the RP area. It possibly improves the pattern of development in this area. STAFF RECOMMENDATION: Approval. PLANNING COMMISSION RECOMMENDATIONS: Denied by the following vote: YES (TO APPROVE): Mrs. Copenhaver and Messrs. McDonald, Myers NO: Messrs. Stiles, Golladay, DeHaven, Wilson, Brumback APPLICATION FOR REZONING IN THE COUNTY OF FREDERICK, VIRGINIA 0 Zoning Amendment No. 44 OC) -89 Submittal Deadline is Application Date 2_ - �; - �;'`j For the Meeting of A 12ri 6 , 19 37 Fee Paid / 0 +' vo 1. The applicant is the owner other ><,— (check one) 2. OWNER NAME: ADDRESS: 3. TELEPHONE: .0C-GU-P-ANT: (if other than owner) NAME: 161A I I:. R I-� PUG h� ADDRESS: 3,_�74- JAI roc( C_ ii'C L e- VA, :2.2601 TELEPHONE: 6 62 •- ly 0.5 .;Z The property sought to be rezoned is located at (please give exact directions) ri- o v, i/;/ 1 y, r'h P r -�e_ -Ake J-2 Z 1%& 1-+ k c� 71 e- IV, , 1 C; /_e -f -k o )-, P= r o 4 � ; c k I vi A L D i v' e . L 0 -f : s C.. 1-4. r4 >7'l :: �I 4. The property has a frontage of 50e,4-,3 feet and a depth of z Ve�) feet and consists of 3. 2,71/2 acres. (Please be exact) (L o f i4) f f, r•, r3 e n k iI vh =_j_ ( o e- j= re- A r 1 c k M 4 Il Lis Y, d •Ti'u s i- (L"i-•') CWr-,!r ,VV,Jk .J-Ames ...-('s•fee 5. The property to be rezoned is owned by(.Z Cai- 11 v< L, Ste,•} as evidenced by deed from T recorded in deed book no. on page , registry of the County of 6. This property is designated as parcel no.G,14 4-T on tax map no. 5-:3 in the �,•,qme s os-o Magisterial District. ,t,-300C, - oc>4-.- 0 a,j,..eytv©(�-ea PROPERTY IDENTIFICATION NO. (21-digit # ptey e) ,•, 0J -•a 7. It is desired and requested that the property by rezoned from B -Z toRP 8. It is proposed that the property will be put to the ollowing use Re- srde- n+rR I---(.Lar-de,v` Af2r:-./--rv\e--g-f S /) hc�ZOO1- fL- 4/i�11c)t� �•eJ 9. It is proposed that the following buildings will be constructed 7Jn i- Z o w ny Re- 2-, / /l 1 1 0 o s - 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. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) N7AMV 1 . IVa f2 i 11 Fr S-(e_4 P6box,9 o< ' 7 VVIVIel�e5- ev-V'/4' 2 (0 0 1 Property ID# : S-,5ejc)c)• c)vy-.--c)oc)0-0o02.-c,00F--0 2. W e- c n i• + e v - Address - , - tz , t , ,� e ,1 - - . 1,A/i vi e- h, c; s r- V'(J CA .yl.+ e t- k V y_ Y Property ID# : .5-"3000.. DO+ - CD000-- 6)00 E)c�v�-C> 3. , S Address: 7:2_�, Bei-r vrlle Ave-) Wlt c le..Sic-r V11r 24 5-4 s c• SE r V I c e Property ID# 73 UC)-UOp--UC>Of)- 0002- GC�tiT-- 0 4• C�ji r-evtc lac r�Y1 Address: Nfckcry he - e_a VA, Xa-GOI Property ID#: 33r9-c>o oc> 000D- 0C)e-'>o- 6017-- 0 o i of Page Two Rezoning NAME 5. h��AS Place- C� `o S l Address�:/ OC /TIC}YoV l `,/ �/ S , VY Incke-s T1 e-c VA L 44- Property ID# : 5-3 i� _ e o - 0 02- 000 l� (�000 oOg- O 6. Alber•f- Rn S-tcn Address: 5,1on s/de S-h-n ic'.1 ►icAei-ler VA.2%�6e1 Prop rty ID#: 3C)vo-C>oy- C)C)vC') - 000;2- 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 11. Additional comments, if any I J ClR•12 S TtUStQA- 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 . . . ignature of Owner: / �� / rr�*,C�� -'a- -- ' ��— K. (3ehhA7T C<Ir/Jn 4. .5r"s+11 Signature of Applicant: ��& 4. 1 Complete Mailing Address: 3.5-4- J/VpoC/ Git'-G%e- VV1V7Cl)eY-�er VA z �� Telephone Number: h (- 2 - 8 C) 5; For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) 'f ��- 87 Approval Denial SECRETARY (signed) _ 1� BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) 4- G' Approval a Denial COUNTY ADMIN. (signed) 0 L 0 N 0 7 A=9 , 7 A=46.36' ao GS�V%kI%,L er=Cgnterb�r�`a;1-l.2006 AC. '31.3101 AC. ?o �N LOT .i ='tom 2.9375 AC. 'tom c z iW 00's 30.00'C 13. -',C' ;M L �- h ---- -- L ' < � J'24 134.7 169.61 J32 . _3' o M 71i_0=6_ 5'.97` 282.6' r+1.64' 282_37' 22 t; "a" 'B I 50' 310. 66' U•2' 306.82' 51,* N73u57'O4" 36" 50. - — — _ u ti ti •J i0 tJ: t Easerr.•n!�� 'o oay. PROPOSED SMr C" A t .. 15 A"RES T P 0. 5 ^fi A::. _ `: G. N � r PROPOSED MULTI-rAMILY 9.6300 ACRES C) N i A" `fir i � 1i A !)6 7� 07' 10 � mALL '�l 0 j2.; A o a � -C256"t A-►09.39 N LOT F t'I.541ti AC. 31 .368'; AC - A' I z I !, cF- 90.0:� T a i z 192.00' ---T -L-T,- -- IG a .' ac 20' U, ,. 4 ' Se.,cr Tap !_EGEvO A=201.47' LOr E AC vl 'I, G.39 121_' ,:. '='M 0.6f0;DA, , ,� SMH 4., Sc, , iap f '= I.5946 `e48,08'--- r. 15" W - 36 . 54' 560012' i `..0. t 2' 3 _ iC~ o SMH N U J I , ;C..7. 50' , a" St -I 0.,. W -W;,ter L:ne PL41 SMH—Sa^item M.�^^o!r FREDERICK MALL LAND TRUST Comp, lea Pla: GH i NE dOkO D I k l t FREDERICK COUNTY. VIRGINIA ' SCALF:I'•-200' SEPTEMBEk iC 14 RITCHIE SURVEYS :lcJ C„A y Page Three Rezoning Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. g 14 42 L 43 . �C7;. - ? A 2 j A Y RP .. —1 •po R P I tk RP ' Ir w 53 : J IP A 2 .. A 2' CITY OF WINCNESTER W-YCHESTER \�J 20 F_r)E OIry ^ITT?T :T - CODE- -A 1� '4 ,u LANJ - TAX VAL.- STEM TRU: 31 WIN' L #.2977 * j H. K. 8ENHAM, III, TR. * } TO: .. .. DEED * j! JAMES M. STEWART, JR., ET AL i t HARMON A JONNITON AT1011NIT1 AT LAW •INONI179A. VINAINIA BOOK 554 PACE 638 THIS DEED, made this 3rd day of December , 1982, between H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum .of which is•recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107, of the -one part, hereinafter called the Grantor, and James M. Stewart, Jr., Richard G. Hardison and Georgie E. Smith, Trustees of Landye Trust pursuant to Trust Agreement dated February 2, 1982, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed.Book 5S4 , as Instrument No. '197� of the other part, hereinafte called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10,00), cash in hand paid and other valuable con- sideration, receipt whereof is hereby acknowledged, the Grantor does grant and•convey, with Special Warranty of Titl.e, unto the Grantees, to be held as trust property, in fee.simple, together with all rights, rights of way,.privileges and appurtenances thereto belonging, all of the following property: TRACT ONE - All of that certain lot of land, containing 1.2006 Acres, more or less, fronting on the East side of Frederick Mall Drive in Gainesboro Magisterial District of Frederick County, Virginia, more particularly described as Lot I on the plat of survey by Elliott; Ritchie, Jr., Land Surveyor, recorded in the .Clerk's Office of the Circuit Court of Frederick County, Virginia in, Deed Book 553, at Page '489; and being a portion of the property ' conveyed to the Grantor herein by C. D.. Hylton, ,.et ux, by deed recorded in the aforesaid Clerk's office -in Deed.Book 511, at Page 5. TRACT TWO - All of that certain tract of land, containing 9.63 Acres, more or less, situated on the West side of Frederick Mall Drive in Gainesboro r Magisterial District of Frederick County, Virginia, more particularly described by plat of survey prepared by Elliott Ritchie, Jr., Land Surveyor, recorded in 'the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 553, at Page 489; and being a portion of. 639 } I ' fir: �51 (339 i the property conveyed to the Grantor herein by C. D. Hylton, et ux, by recorded in the afore- said Clerk's Office in Deed Book 511, at Page 5. i I i I As rights running with and for the benefit of said 9.63 . Acre tract, the Grantor does hereby grant to the Grantees: A. A right of way to be used in common with the Grantor and its assigns, for the purpose of constructing, operating, maintaining and re -constructing a water line and a i sewer line to the 9.63 Acre tract within the strips of land marked on said plat of Elliott Ritchie, Jr. as Utility Easements. In the event Grantees' use of this right of way damages the i property of the Grantor, or its assigns, the Grantees will I I repair such damage. In the event of any construction, maintenanc j; or re -construction by the Grantees, the Grantees shall after the I work is completed place the right of way area in the condition I I as it was prior to the work. No building shall be constructed i over any utility easement unless proper arrangements have been made to permit access to the utility easement. However, the utility easements may be hard -surfaced for parking lots or landscaped. I B. A wa of right g y, thirty (30) feet wide from said 9.53 I + Acre tract North across the proposed Shopping Center property as more particularly described by said plat of Elliott Ritchie, Jr. This right of way is for the purpose of ingress and egress to the 9.63 Acre tract. If a roadway is constructed along said right of way by Grantees, it shall be constructed as close to the Western boundary line as is practicable. Said right of way is granted wi h Special Warranty as to title but with no guarantee as to use�as right of way to be used as Grantees determine practicable and possible. The Grantor or its assigns agrees to dedicate such HARRISON i JOHNSTON ""°"""' AT t"w portion of the right of way as may in the future be needed for the rl�owuTu. ruu�lA construction of a road along Fahnestock Lane, but the amount to.b dedicated shall not exceed the thirty (30) foot right of way and I HARRISON A JONMITOM ATTOIIMtT/ AT LAM WINCHISM, VIIUIMIA QocY 554 OU 640 shall not be greater than that dedicated by the landowner .to the West of Fahnestodk Lane, This conveyance is made subject to all legally enforceable restrictive covenants and easements'of record affecting the afore said.realty, including the conditions and restrictions set forth in the Deed of Dedication dated May 19, 1981 and recorded in the aforesaid Clerk's Office in Deed Book 553 , at. Page 474 , as amended by instruments recorded in the aforesaid Clerk's Office i Deed Book 553 at Page 486 and in Deed Book at -P-age �`I'I5f WITNESS the following signature and seal: (SEAL) Benham, III rustee o Frederick.Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107• STATE,OF VIRGINIA, at Large: a Notary Public of and for the State aforesaid,. do certify that H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107, whose name is signed to the foregoing writing, bearing date on the 3rd day of December, 1982, has acknowledged the same before me in my State aforesaid. Given under my hand this -3`4?" day of � �„J 1982 My commission expires %% Not y Pu 1 , ••t t ItC�1 It �ti C�JV�^!! Y, 5C1. s� rl�tnl lent o! wrlhn:; 'wns produced to me on tne./._l�!tA8y of I, / ; and with corioicato of ocknoWedgment thereto annexed was admitted 'O record. ..••• �• I � ` 641 1 �1-�C-V:-�f-7k-]If.iG.iL �C.iG •L..L .L .L .L 1-.4,441- #2978 H. K. BENHAM, III, TR. TO: DEED CARLIN L. SMITH * I ******************************** 1 HARRISON A JOHHSTOH ATTORMITI AT LAW WIMCMIITII. VIRAIMIA 1.00, 554 PAGE 641 THIS DEED, made this 3rd day of December,•1982, between H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded -in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107, of the one part, hereinafter called the Grantor, and Carlin L. Smith, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable con- sideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with Special Warranty of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all of that certain lot of land, containing 1.3685 Acres, more or less, fronting on the East side of Frederick Mall Drive in Gainesboro Magisterial District of Frederick County, Virginia,.more parti- cularly described as Lot G on the plat of survey by Elliott Ritchie, Jr., Land Surveyor, recorded in the Clerk's Office of tr Circuit Court of Frederick County, Virginia in Deed Book 553 1 at Page 489 _; and being a portion of the property conveyed to the Grantor herein by C. D. Hylton, et ux, by deed recorded in th aforesaid Clerk's Office in Deed Book 51.1, at Page 5 This conveyance is made subject to all legplly enforceable restrictive covenants and easements of record affecting the aforesaid realty, including the conditions and restrictions set forth in the Deed of Dedication dated May 18, 1981 and recorded i the aforesaid Clerk's Office in Deed Book 553 , at Page 474 as amended by instruments recorded in the aforesaid Clerk's Offic in wed Book _553 at Page 486 and in- Deed Book ,`J Ste! , at EI.f1G: 554 PAu 642 WITNESS the following signature and seal: (SEAL) Benham, III, Trustee --of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia.in Deed Book 488, at Page 107 STATE OF VIRGINIA, at Large: I, P �,.1 a Notary Public of and for the State aforesaid, do c tify that H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County,.Virginia in Deed Book 488, at Page 107, whose name is signed to the. foregoing writing, bearing date on the 3rd day of December, 1982, has acknowledged the same before me in my State aforesaid. Given under my hand this 3 day -of _,G,_ 1982. 'My commission expires otary u is I'H,*-D(J?:C ( (,(YIN!'Y, SM. _t l:r. I.1;'n:m� ,t o' v,rl; r,;•, �,•t^, nra!uc,I•t to Inr on ttln,/�,•••7�ay of. � ,/j'I r,vl.1 w,ln cnnulcato of, acknov�ledgrnent thereto annexed was adrnrind J 'ter r. ,:•v rl / • (l a. I t ' i 1 HARRISON R JOHNSTON A1111"111 Al • M/N(IT(1, VIA IIRII I 1 t - 2 - 637 P,11.K rJt1. FACE 6,37 STATE OF VIRGINIA, -%Q� , to -wit:' Ia Notary Public of and for the jurisdiction aforesa , do certify that Richard 6. Hardison, Georgie E. Smith, and James M. Stewart, Jr., whose names are!signed to the foregoing writing, bearing date on the day of December, 1982, have acknowledged the same before me in my jurisdiction aforesaid. Given under my hand and seal this ( w'_' day of -D .i t bei; 1982. My Commission as Notary Public will expire,=�, `f, ota Pub c .IROMA fREDERICK COUNTY, SCT, Ms Instru t of wriOng was produced to me on the ...f j� day o1 i 1 YZ�C at .c, 3� � /� . and with certificate of acknowledgment thereto Wx,ettb W" a ;u record. PAGE FOUR OF FOUR PAGES CO COUNTY of FREDERICK Departments of Planning and Building tB 703/b5 5650 ,gGIN, nsa March 25, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Walter L. Pugh Rezoning Request To: Rezone 3.8792 acres from B-2 (Business General) to RP (Residential Performance) for residential garden apartments and/or townhouses. This property is located on Westminster -Canterbury Drive, off of Route 522 North, in the Gainesboro Magisterial District. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of April 8, 1987, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, A 4 /—/P 1 1��44 Robert W. Watkins Director RWW/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify that the attached correspondence was mailed to the following on March 25, 1987 from the Department of Planning and Development, Frederick County, Virginia: Nosh. DLede&ick Reatty Atbent Royston P.O. Box 2097 Sunnyside Station Winche,sten, Viriginia 22601 Winche/steA, V.uLginia 22601 We/stmin/steA- Cant ekbuAy o6 WinehesteA 956 (1)mtmin1steA-CanteAbuAy Uti.ve WinehmteA, V�Aginia 22601 A',s Copie)L Sates 9 SeAv i.Ce 726 BetALyviUe Avenue W i..nehesteA, Vi�Lginia 22601 MAenee Bean 1117 Hicko ey StAeet WinehetstetL, Virginia 22601 Thomals Ptace 1109 Hickoky St)Leet Winehe,steA, VivLginia 22601 STATE OF VIRGINIA COUNTY OF FREDERICK WatteA Pugh 354 Wood GvLcte WinehmteA, V. Aginia 22601 Robert W. Watkins, Director Frederick County Dept. of Planning a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for 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 a� h day of My commission expires on 1987. NOTARY PUBLIC COUNTY of FREDERICK IDepartments of Planning and Building 703a5650 March 18, 1987 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Walter L. Pugh Rezoning Request To: Rezone 3.8792 acres from B-2 (Business General) to RP (Residential Performance) for residential garden apartments and/or townhouses. This property is located on Westminster -Canterbury Drive, off of Route 522 North, in the Gainesboro Magisterial District. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of April 1, 1987, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RwW/rsa 9 Court Square P.O. Box 601 Winchester, Virginia 22601 This is to certify that the attached correspondence was mailed to the following on March 18, 1987 from the Department of Planning and Development, Frederick County, Virginia: North Frederick Realty P.O. Box 2097 Winchester, VA 22601 Westminster -Canterbury 35 East Boscawen Street,F Winchester, VA 22601 A's Copier Sales and Service 726 Berryville Avenue Winchester, VA 22601 Clarence Bean 1117 Hickory Street Winchester, VA 22601 Thomas Place 1109 Hickory Street Winchester, VA 22601 STATE OF VIRGINIA COUNTY OF FREDERICK Albert Royston Sunnyside Station Winchester, VA 22601 WCULLr P(iC41 354 Wo-c-6 Orde, wi n ck�&_ ; VA zz&c t Robert W. Watkins, Director Frederick County Dept. of Planning a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated 3-- \9 -8_1 -,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 1987. NOTARY PUBLIC a�aenor • a■■�To� R 441461 1. "Asia" 9ov 553 pju • 48�6 s�cK 553 Fic: 102 THIS PLAT AMENDMENT AND ADDITION, made this day of October, 1922, by H. K. Benham, III, Trustee of Frederick Mall Land.Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 48$, at Page 107, hereinafter called the Grantor. WHEREAS, the Grantor is the owner of 38 Acres, more or less, located at the intersection of U. S. Route 522 and Fox Drive in Frederick County, Virginia, a portion of which is platted as Lots A through J o•f Frederick Mall Subdivision, as. more particularly described by plat of J. R• Nicely attached to that certain Deed of Dedication to which this instrument is attached; and, WHEREAS, the Grantor has installed water and sewer lines to said lots and has made, other improvements to said lots which the Grantor desires to note of record; and, WHEREAS,.the Grantor does desire to relocate the utility easemont on Lot E and to note on the plat other utility rights of way; and, WHEREAS, the Grantor desires to place of record a plat showing all of said property, including the subdivided areas, together with the improvements and easements thereto. NOW, THEREFORE, WITNESSETH: The Grantor does hereby vacate the utility easement across Lot E as shown on said plat preparec by J. R. Nicely attached to said Deed of Dedication and .in lieu thereof does re-route said utility easement as shown on the plat attached hereto prepared by Elliott Ritchie, Jr. The Grantor does further place of record a plat of all property owned by the Grantor in Frederick County, being the same property conveyed to the Grantor by deeds recorded in the i 7 1 ' IAaaUOM l /OMM�fO■ arruura ar u• rnaanaaraa. "Asia" hoc 553 ?j.: 457 PuCF .553 103 Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 511, at Pages 1 and 5. Said plat is prepared by Elliott Ritchie, Jr., Land Surveyor, dated September 10, 1982 attached hereto and by this reference made a part hereof. In addition to the land previously subdivided, the Grantor does hereby divide the remainder of said 38 Acres into two tracts, one in the amount of 12.5175 Acres and the other in the amount of 9.63 Acres, as more particularly described on the attached plat. The Grantor reserves unto the Trust and its assigns, the right to erect, maintain, operate and replace telephone and electric light poles, conduits and related equipment and sewer, gas, telephone and Water lines and the right to grant easements or rights of Way therefor on, over and under all strips of land marked on the attached plat "Utility Easement". WITNESS the following signature and seal: (SEAL) Benham, III, .rurtee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is re- corded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107 STATE OF VIRGINIA, at Large: I, 00,J�6— , a Notary Public of and for the Stat of resaid, do certify that H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virgins, in Deed Book 488, at Page 107, whose name is signet: to the foregoing writing, bearing data on the a9 �W_ day of 1982, has acknowledged the same before me in - 2 - moK 553 PAVE 4 EOOK 553 PACE 104 my State aforesaid. Given under my hand this G2LT day of 1982. My commission expires ----��VNotary Public 0 Z. 8 ' Fof SITE P17 2 9'13'24-1 1755.97 1 262.67' 1 141.6c' 1262.1H tll`;.; I� . 22°,,1' 761 '.0' 3ig.eEl Ir7 C*.Ik e'J'. 'C'• 4 66°1Al, 20' Ut I,tl I ^ r VIt;I If MA SHOPPIAG C ' � 12.5175 A V ►� `� PROPOSED c t�.. MULTI -FAMILY 9.63DO ACRES A -1 36.00' co S Fire Q h� 6 02 Sti c I 1 lS c ,I • ,-��,,� . =1�0. 139.d3' 178.�t' .J o A,{,�9,3 A=y.7C =� I °2Q'11 C I ��1 N 1 Acy6.36' lOT G y'J I U, LOT F M03 YI 'W LOT J ^� {QT N a.l I.Svl6 AC. iI.3685 A1:. J'I °o LOT bIJ1=1.2006 AC. yI.3101 AC. N 1 rr I �0 2.9375 AC. += 'J I T- 6" Stub, I > Oct 1 +rr 180. 00' 190.00' ' . i YU. VO I I = ► 9S .00' • S 11° 32' 45' w - I.'+57.50- 10' Utility Euomenl Y' Sc..e 10' Util+lr Eue�rnt Tap Y" Sr.."r !' St -.or LEGEND 1"D IiD M_ M a t e r Lint SMH —Sanitary Manhole FREDERICK MA Hotel ComPiled Plat GAINES60xI FREDERICK Cot SCAtE:I'=200' ItIrCNIE r STE►HENS C I T r�.,,;�. ,.. .. _ - — .. �IaG^u• F.tCD'.H+CK G'�JNTt', S ' . -i Tn/tn'nar`uf.� t orw•�rtfJrY w� i fIN000A /HECY-I C4 CVJhl i TMt IntlrWrynt OI wf1w b r"G. I '�ICG^ fr+r Cnilln f• cri„ F69-6, Ipi DRI � r'�' - uI0, 1'•;I ��. .-. �` Ivl.614• 7e2,3?' SII°-i6'Iv"W • Ir7 52' JC+b.e2' See°13'�6"•+ �. �- 60 for 2C' Ul. I ; t) Ea►erie ll � s � 73 PROPOSED SW ,r" �, •IMDPDINU CENTER �`J-'! f •� LOT A v. 12.5175 ACRES " C.E35O Aic ,► I LY LOT D CRES 1.055L Ac, C .(Ire rn A �V_2 > LOT C o �' < A-175.0,' NAIL 36 f . Ae 723i G - �, c ri6p(;rf - D�',rIE S6 C� CD, y n = i9.e3, r - -179.40 1 :i �0.11' 21 I�. A�•`'A_109.39 `I �LOr6D-1 = j 4.36' 'o A 9.7C o LOT F LOT E i 0.3971Ac C; LOT D lg LOT 6I , 59v6 At '� I', y 21 .5�' 0.6107 Ac, a T 1 LOT N , i1,3665 AC. '� _ '' S Id 31' IS" w - 361.5v' !06 AC. ' �1 ,310i AC.' , ry l e`°. - 10' Drainage Eabemont utility Easement r � ,• o f� ' Stec 0100, ^ 1,)0.00. f 1WN00 ��- - - - - -- Y' S e.ro r 10' Utility EaAe.vent \ Tap R• Sewo► Y' Sewer 1' :tub Out Tap Tap I PLAT r • FREDERICK MALL LAND TRUST GAINESIORO DISTRICT FREDERICK COUNTY, VIRGINIA 3CALE:1'=200SE►TEMIEI, 10. 1982 RITCHIE SURVEYS STE►HENS CITY, VIRGINIA SMH _Y' Sooer Tap ,601)12'15 :. !) C., Elliott Ain-h,e 1, � J j ! ICrNSE N- , .. TNt In:uu t or wnVtt wsc proddcw,d to rrr on the %2, 0 d, d ,p1,,, and wish ow —to of lloMW104CM nt tirt'oto erg WW odr1L'b - • to record. 1jft_ P� • I'~Q� /IR(,INIA /REDCRCK CDUNT'f. SC;T. TNt ImIrurnant of wrtUr4 wa; prod,roa0 to rrr an tha 0 day of 7L�a3 at....and wtth ob Vf"le of &C +M `.:VV nt VvA-.to anrr_"d trot adril u,A to record. L • 11 ra I �I IW�ItOM i �OMKtTOK ►TTODOR! AT LAV' 1M OUTM M94WA l I . I. I #4283 H. K. BENH_AI, III TRS, TO PLAT BK601PG569 THIS PLAT AErNDHENT, made this day of September, 1985, by H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107, hereinafter called the Grantor. WHEREAS, the Grantor, as the owner of 38 Acres, more or less, located at the intersection of U. S. Route 522 and Fox Drive in Frederick County, Virginia, subdivided a portion of the property into Lots A through J of Frederick Mall Subdivision the plat of which is attached to the Deed of Dedication recorded in. the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 553., at Page 474 and amended by plat attached to an instrument recorded in the aforesaid Clerk's Office in Deed Book 553, at Page 486; and, WHEREAS, the two plats show a` utility'' easement across Lot E and certain rights of way are granted to Lots A, B and C; and, WHEREAS, the Grantor, as the owner of Lots A, B, C, D, D-1, E and F. desires to clarify the location of the utility easement on Lot E and extinguish certain of the rights of way. NOW, THEREFORE, WITNESSETH; The Grantor does hereby vacate the utility easement across Lot E as shown on said plat prepared by Elliott Ritchie, Jr. attached to said instrument recorded in the aforesaid Clerk's Office in Deed Book 553, at Page 486 and in lieu thereof does reroute said utility easement as shown on the plat prepared by J. R: Nicely attached to said Deed of Dedication recorded'in Deed Book 553,,at,Page 474. The right of way from Lot B and from Lot C to Frederick Mall Drive over.the area'lying immediately Southwest of the two lots and shown on the two aforementioned plus as "sixty foot wide t A AR�I�DN l JDNaITOM ATT9InITI AT LAW 014COLM& "1818M EX601PG570 private right of way" is hereby extinguished. Lot B shall retain its right of way for purposes of ingress and egress from its Southwestern boundary line over said "sixty root wide private right of way" Westward and eventually.Northward along Lot A to Route 522. Likewise, the right of way from Lot A Westward across the other property of the Grantor to Fox Drive is hereby extinguished. Lot A shall retain its right of way for purposes of ingress and egress from Lot A over the area marked "sixty foot wide private right of way" along the Western side of Lot A to Route 522. WITNESS the following Qignature and seal: IF3;r- (SEAL) H. K. Benham, 111, Trustee of Freder Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 197 STATE OF VIRGINIA, A� �. 4 OF tj„ I._cj, To -wit: The foregoing instrument was acknowledged before me this !1o' day of 1985, by H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107. My commission expires AJoJp—n 6e.✓ f / 9P-- otary u IRGINIA FREDEROCM 00k)? T11. SM. INS In tru t d em *Mr19 vDrO%Wbad In rns an ves M.�U '� and wttn urwkati a&4uXftAWd&rrwM fucM, in ad w so&ntkad � .O rh:,prC. 2 ck 10 634 ********************************** tt2976 CARLIN L. SMITH TO: MEMO OF TRUST RICHARD G. HARDISON, ET AL ********************************** Root 554 '?nE 634 r THIS MEMORANDUM OF TRUST AGREEMENT for the Landye Trust, a Virginia Land Trust, made this 11 day of December, 1982, by and between Carlin L. Smith, of the one part, hereinafter called the Creator, and Richard.f. Hardisoi of Frederick County, Virginia, and Georgie E. Smith and James M. Stewart, Jr. of the:City of Winchester, Virginia, of the.other part, hereinafter called the Trustees. WITNESSETH: WHEREAS, the Creator did on.February 1982 execute a Trust Agreement creating a Trust, called the Landye.Trust, for the primary purpose of holding title to property that may be conveyed to the Trust (all real in the Trust being hereinafter referred to as Trust Property); property g p y); and, WHEREAS, the Creator wishes to execute this Memorandum of Trust Agreement granting the Trustees the authority and power necessary to permit the Trustees to receive,.hold, lease, encumber and otherwise convey title to the Trust Property. NOW THEREFORE, for and in consideration of the promises contained herein and other valuable consideration, the Creator does hereby agree to have. conveyed to the Trustees, land to be held by the Trustees upon the trusts and for the uses and purposes set forth herein and in said Trust Agreement and the parties hereto do hereby agree as follows: 1. The Trustees are hereby granted and shall have full power and authority to receive, sell, contract to sell, grant options to purchase or otherwise dispose of, to mortgage or otherwise encumber,, to grant rights of way., to dedicate, for any period of time to lease, contract to lease and grant options to lease and renew, extend, amend and otherwise modify any leases:of and to o- assign any lease or deed of trust covering the Trust Property or any part thereof - all upon any terms and conditions; to execute bonds and notes payable from the earnings and proceeds of the rental, sa) e or other use of the Trust Property and to execute assignments of said bonds or notes. In executing any instrument of conveyance of Trust Property including bonds, notes, or deeds of trust on behalf of the trust, said instru- ment must be executed by Georgie E. Smith, as Trustee, and one other Trustee. PAGE ONE OF FOUR PAGES 6.35 -,; 554 2. In no case shall any party dealing with the Trustees in relation to Trust Property be obligated (a) to see to the application of any purchase money, rent or money borrowed or otherwise advanced on the.property, (b) to see that the terms of the Trust have been complied with, (c) to inquire into the-'authority,.necessity or expediency of any act of the Trustee or (d) to inquire into any of the terms of the Trust or to be privileged to do so. 3. Every deed, deed of trust, lease, assignment of lease and. rent .or other instrument executed by the Trustees in relation to the Trust Property shall be conslusive evidence in favor of every person claiming any right, title or interest thereunder or relying thereupon (a) that at the time of the delivery thereof the trust was in full force and effect, (b) that such instrument was executed in accordance with the terms and conditions of the trust and any amendments thereof and is binding upon all its beneficiaries, (c) that the Trustees are duly authorized and empowered to execute and deliver every such instrument and (d) if any conveyance is made to or any instrument executed by a.successor Trustee, that such successor Trustee has.been properly appointed and is fully vested with all the right, title, estate, powers and duties of his predecessor provided the instrument appointing the successor Trustee is executed by'the immediate predecessor of the successor Trustee or the committee, executor, administrator or personal representative of the immediate predecessor. 4. The Trustees shall have no individual liability or obliga- tion whatsoever arising from his or her ownership as Trustee of the Trust Property nor with respect to any act done or contract entered into or indebted ness incurred by either of them in dealing with said property or in otherwise acting as such Trustee, except to the extent the assets of the trust in the actual possession of the Trustees shall be applicable to the payment and discharge thereof. 5. The creditors of the trust and others having claims against the trust shall be entitled to seek recovery only out of the assets of the trust and the Trustees and the beneficiaries of the trust shall not be person- ally liable to such creditors or other claimants. PAGE TWOOF FOUR PAGES 636 CF 11' j .1 piu 636 6. The interest of each beneficiary of the trust and of any or all persons claiming under them shall be only in the earnings and proceeds arising from the sale, rental or other use of the Trust Property, and such interest is hereby declared to be personal property, and no beneficiary here- under shall have any title or interest, legal or equitable, in or to the Trust property, but only an interest in the earnings, rents and proceeds thereof as aforesaid. 7. The Trustees are authorized to receive other property that may be conveyed to them as Trustees of the.trust. WITNESS the following signatures and seals: (SEAL) dr in L. Smith .., .i' Richard 6. Hardison (SEAL) ) EAL) EAL) STATE OF VIRGINIA, JAL; �a(- to-wi t : L_ a Notary Public in and for the jurisdiction a(foresai , do certify that Carlin L. Smith, as Creator, whose name is signed to the foregoing writing, bearing date on the day of December, 1982, has acknowledged the same before me in my jurisdiction aforesaid. Given under my hand aed seal this LRday of December, 1982. My Commission as Notary Public will expireJ20, o Notary ub is r PAGE THREE OF FOUR PAGES 637 '''.I,k "'14 r E 637 STATE OF VIRGINIA, — -zo"i2 -- to-wi t: I' a Notary Public of and for the jurisdiction aforesa do certify, that Richard 6. Hardison, Georgie E. Smith, and James M. Stewart, Jr., whose names are signed to the foregoing writing, bearing date on the day of December, 1982, have acknowledged the same before me in my jurisdiction aforesaid. Given under my hand and seal this 13'0y�'"day of C' 1bQr 1982. MY Commission as Notary Public will expire ota Pub is 0 .IR,: NIA FREDERICK CUUNTY. SCT. /C� (. Z.. i Ms in'.!rumc.'t of wrltl,q wJs produced to me on tna I � day o! at [. 0�__�..—. ano Wqn CarltLCula f O ec-(nowiaddmant there reCOrQ. tO annexed W86 adMtted a � PAGE FOUR OF FOUR PAGES Tolson • •err/»r 6mNp6 At W 06"Carm w.ru.. F �ooK 553 PA,E 474 !ooK 553 iw 90 THIS DEED OF DEDICATION AND PLAT, made this li` 'day of 1981, between H. K. Benham, III, Trustee of Frederick Mall Land Trust•pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deec Book 488, at Page 107, of the one part, hereinafter called the Grantor, and The County of Frederick; Virginia, of the other part, her called the Grantee. WHEREAS, the Grantor is the owner of 38 Acres, more or leas, including eleven (11) lots designated as Lots A, B, C, and D of. Section Two, and Lots D-1, E, F, G, H, I, and J of Section Three on the plat of Frederick Mall Subdivision, Section Two and Section Three, dated August 8, 1980. prepared by J. R. Nicely, Certified Land Surveyor, attached hereto and made a part hereof; and, WHEREAS, the Grantor desires to subdivide the land, as platted on the attached plat, the same to be known as Frederick Mall Subdivision, Section Two and Section Three, in accordance with the provisions of the Subdivision Ordinance of the County of Frederick, Virginia. NOW, THEREFORE, WITNESSETH: That for valuable consideration and the benefits that will accrue by reason of this dedication, the Grantor, by his signatur hereto, dedicates with the Trust'p free consent and in accordance with the Trust's desire,'unto the Grantee, that portion of said .property set aside on the attached plat for the street designated as Frederick.MAll Drive. The Grantor does hereby subdivide'the above described property as shown on.the attached plat. The property subdivided { " 7 5 v "Ali{0■ A JOHNSTON ATT...IT. AT 4• 4....1.T� Me'." 553 Dui 475 Po�K 553 wvE R is a portion of the land conveyed to the Grantor herein by C. D. Hylton, et ux, by deed dated March 6, 1981 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia; in Deed Book 511, at Page 1 and Page 5. The following lots shall have rights of way running with the land for the purpose of ingress and egress, the precise location of the rights of wdy within the area marked "60' Wide Private R/W" and the width of the right of way is reserved by the Grantor A. Lot A shall have a right of way from its Southern and Western boundary lines over the area marked "60' Wide Private R/W"' to Route 522. B. Lot C shall have a right of way from its Southern boundary line over the area marked "60' Wide Private R/W" to Frederick Mall Drive. C. Lot B shall have a right of way from its Southern boundary line over the area marked "60' Wide Private R/W" to Route 522 and to Frederick Mall Drive. The Grantor reserves unto the Trust and its assigns, the right to erect, maintain, operate and replace telpehone and electric light poles, conduits and related equipment and sewer, gas and water lines and the right to grant easements or rights of way therefor, on, over and under (1) all strips of land marked on the attached plat "Utility Easement", (2) a strip of land fifteen (15) feet wide along the Western boundary line of each lot fronting on the East side of Frederick Mall Drive and (3) a strip of land twenty (20) feet wide along the Western boundary 11ne of Lot A. The Grantor reserves unto the Trust and its assigns, the right to erect, maintain, operate and replace a drainage ditch on, over and under a strip of land twenty (20) feet wide along the Western boundary line of Lot A and on, over and under a strip i l tsoo� 553 n,'-E 476 ^.00K 553 mE 92 of land ten (10) feet wide.along the Eastern boundary line of* Lot D and Lot D-1. The Grantor retains the right to restrict and reduce these drainage •easements,to the extent it deects.desi-rable. The lots in said subdivision, being Lots A through J, are subject to the following restrictions which are to constitute covenants real running with the land and shall be binding on all I • parties and persons claiming under them, and shall be fcr the benefit of and constitute limitations.upon all future owners in i said subdivision: SET BACK REQUIREMENTS: ' 1. No buildings shall be constructed upon Lots E through I within fifty (50) feet of the curb line of any street shown on the attached plat, nor within twenty (20) feet (thirty (30) feet for Lots E and F) of the eastern rear line of each of the file (5) lots. ' 2. Within the required set back areas of Lots E through I, the rear set back areas shall be maintained in lawns and land- scaping and.the front set back areas shall be maintained in lawns, landscaping, walks, driveway and parking areas, of which at least one -fifth (1/5th) must be in lawns and landscaping. 3. The surface of all lots which are not covered by buildin lawns.or landscaping shall be treated so as to be dust free. w 4. All buildings constructed on Lot A shall be located as near as practical to the Eastern boundary of said Lot. This restriction is for the benefit of and only enforceable by the owner of•the property immediately adjacent and South of Lot A, being the area presently designated for a shopping center. wni�■ ��r��r�r PARKING: �«..u.�5. No vehicular parking whatsoever shall be permitted on • - 3 1 gs, r-- i • r SOCK 553 o.:- 477 !OOK 553 PAGE 93 any street, public or private, shown on the attached plat. Thee shall be maintained on each lot facilities for parking and materials loading and unloading sufficient to serve the business conducted on the lot without using adjacent streets. All drive• ways and off street parking areas shall be paved or treated in such a manner as to be dust free. 6. The loading and unloading of materials shall not be allowed within the front set back area of any lot. USES: 7. No lot shall be permitted to be used for a junk or salvage yard. 8. No lot shall be used in a manner that is offensive to the use of the other lots by reason of odor, fumes, dust, dirt, smoke, industrial waste or television or radio interference. LANDSCAPING AND SCREENING: 9. The exterior of all structures and all walks, driveways parking areas, lawns and landscaping shall be maintained in good repair and condition. 10. No open storage shall be permitted on any lot unless adequately protected by screening. UTILITIES: 11. All exterior lighting shall be installed by concealed wiring. 12. All on -site electrical, telephone, and other utility I lines shall be underground from street to building and shall be AA/tIIOM � IOMM�TO� .TTs..TTe.TLAW installed in buried conduit. All such utility lines running from WNW"&",wu"w 4 I• 1 "Raises a J01111110111 .II An9�un •r w I1gsat�T{l, �ooK 553 PAGE 478 ^uo� ,553 P►cE 9 : the rear of Lote E through J to the buildings thereon, need not be underground. DESTRUCTION OF BUILDINT OR OTHER'STRUCTURES: 13. Any building which has been destroyed or partially damaged by fire or other•causes must either be repaired or com- pletely demolished and removed from the lot by its owner as soon as reasonably possible. SIGNS 14. No flashing, blinking, intermittent or moving signs or lights shall be permitted on any lot, Each lot shall he permitted two identification signs, one of which shall be placed on the main building on each lot and the other may be erected at the entrance to the lot. Any sign placed on a building shall be in letters only and constructed parallel to the side of the building) to which it is attached. The area of said signs shall not cover 1 more than twenty per cent (20%) of the side of the building to i which it is attached, No entrance identification sign shall be j more than thirty (30) square feet in area, although Grantor herein reserves the right to make exceptions to this restriction' as to Lots A, B, C, D, and D-1. BUILDINGS: 15. No apartments shall be constructed on Lots E and F, 16. No building, exterior sign or other structure shall. be .erected nor maintained on lots A, B, C, D and D - 1 for a period of ten (10) years from this date, except pursuant to plans approved by the Grantor herein who shall determine whether the _ 5 i 479 • �I "AlkilOM a /OMMITON ATT624111 AT NW wS"uTu. MIGH" ncF 553 pnr, 479 eoc�. .553 ►► E 95 plans, including architectural design, are in conformity with or at least do not clash with the plans and designs of the other buildings in the Subdivision. The approval of the Grantor herein shall not be unreasonably withheld. For purposes of construing this paragraph, the adjacent lot containing the highest building shall be considered part of the Subdivision. MISCELl.A_%'EOUS : 17. These covenants and restrictions shall de considered covenants real, running with the land and shall be binding on all successive owners thereof and enforceable by the Grantor herein and the other lot owners. 18. Invalidation of any one of these covenants by judgment. or Court order, or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. WITNESS the following signature and seal: (SEAL) H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is re- corded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107 STATE OF VIRGINIA, at Large: AQ /- 1- a Notary Public of and for the State aforesaid, do certify that H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the. Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107,- whose name is signed to the foregoing writing, bearing date on the f g t4 day of - 6 - i "Raises t JoNrsree A"IBIGIVI Al LAW MwutK m•1.0 • 1 T I eoOK 553 P,c; 4A0 LOOK 553 PAGE 96, 1981, h.as.acknowledged•the same before me in my State aforesaid, Given under my hand this 3(L"(day of _ jj2G-r� 4k¢ 19813-e My commission expires Notary Public 1 I L�C� Fri, R ►.Opr j jJ FOIE 4 s�-c T-�ov r�.��-E- � ors o -� ��� .s; r�•,� sv.Qo�Yisio•v �SCAGGr' /' r /Op APPROVED BY: FREDMICK COUNTY BOARD OF SUPERVISORS PLANNING COMMISSION SUBDIVISION ADMINISTRATOR VIRGINIA DEPARTMr?iT OF HIGENAYS 9 . . ' i 1 01,14ERS CERTIFICATE I haruby certify this suLdivision of 1,.n,', a ; W-M Plt'.t-d h •.rci.n, is done with W freo consent Lni is in accor:.an.;e wit: m, Wislic_ an.: desires. �, /�'P Z TRUSTEE: FREDMICK MALL LAND TRUST DATE TRUSTEE: FREDERICK MALL LAND T!WST DATE SURVElORS CERTIFICATE 1.Tli t��� l I hereby certify the land ehorm hereir� to be the su:,,e I Lnd ,gviref ',,- Frederi,1k Mall La !d � �G' Trust rrnm C. D. H, Ito:,., et. vx, �� , deed recorded j J. R. NI('FLY in DEED BOOK 511, PAGE 1 and PAGE ,. J CERI IF ICA I L No. A)92) R. NICaYDATE CERTIFIED LAUD SURVEYOR VINCHESTER, VIRGINIA SHF_'T ' OF y � 0 7 �s�a•.� d- 2 c .' ,. ii i r O '� /►�/ i �� � ' �• � �> >d �/ems � t csv CSS xoalq 66 l fJ CSS 404 poor 553 uu 4 5 4 . ' ".oar 553 P►t: 100 ' Tli J. R. NICELY (,i:RTIFICATE No. r 1092 lk l.AN i �ooK ,553 Pyci 101 553 455 �• �cr�T�.� ; ..•.� c c F ! T.oO � d.-f i . i G c •.• o -c• �-• , eTEiv -� %.v p /' � i2�•q�ZO" ;8i/SO' I3Cc��O' /G3.J�' !.S�oc�7'I�SiQ'��Y.'f✓ /-s✓� 22'Qr�d" j6v/So /67r✓' /•G"-tj / Gores /'GoY� Z�'-�7'zf�' �76/SO' �io6'G' /��7�� IjoB c�'2 •• _' S�'2•i3���'w � J•7�OB v� /U'Qki'/G• 7B/so' �O/may', /O/�C iS' O/� /vn 7�/,S'O' /0..9.s� I �"Sf 76 �00 7� I /O.^_j Z ' � Z-r✓�;.�•/.�Z•�` E � J'/3'�s' /7QS.97 �6750'' / 74 oG Ic�6� 7 /J S//'�� '/s> r✓ .. /7SS.�7 2BZ.c7��q/cam zB�3� --D 'CE: Z-::>Z. -Orff vB ' Z-Cc.r/r cr•�s•07^-5 J QG 2G ! �•ZV� 3 d'i 7''G'+G'h/ /8 JS,/S /'p c-7 Si2'4ti 'j7 iy 2 Gor ..e �`oS ! O•/B' 22 " _-_ ��•o>'a6" / Bis 97' _S000 J. 7p• gG.yG' q8S' �S.oO' 4-.1 >� S�c'3o:�0'� O`o S ✓ 77•/7'ZG-"OOL7' Ci'7g3-• _3.�'G�' Gt� ��' ia/Sy7�/�'.:. �o•�-'v/� /sSso'Pa` .�o.00• /,lGoo• — �� �_�• NB•��C7.i I a G • � by J. R. NICELY CERTIFICATE No. > 9 1092 14,, ` rp I � 1 _! COUNTY of FREDERICK Departments of Planning and Building M E M O R A N D U M 703/64-5-5650 Inspections De artment , ATTN: Mr. Kenneth L. Coffelt . _ _ _ .. __ ..-- . -..., ---- Round Hill Fire Company , ATTN: Mr. Ty Cather Sanitation Authority `Z ATTN: Mr. Wellington Jones ATTN: Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin FROM: Robert W. Watkins, Director DATE: March 3, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision X Rezoning We are reviewing the enclosed request by Walter L. Pugh , or their representative, Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Sewer and water facilities are directly available to the lots. Signature Date COUNTY of FREDERICK Departments of Planning and `BII uilding MEMORANDUM 703IS5650 Inspections Department , ATTN: Mr. Kenneth L. Coffelt Round Hill Fire Company , ATTN: Mr. Ty Cather Sanitation Authority , ATTN: Mr. Wellington Jones , ATTN: Planning and Zoning Department , ATTN: Mr. Stephen M. Cyurisin FROM: Robert W. Watkins, Director DATE: March 3, 1987 SUBJECT: Review Comments On: Conditional Use Permit Site Plan Subdivision X Rezoning We are reviewing the enclosed request by Walter L. Pugh , or their representative, Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED F._O,/R� REVIEW COMMENTS: -2 l % G PI .,� / Y—c� �� � 3 » 1104 Y %' C S � � � i a— ( 3 j OL litt�% �.S Z&(f 6 P (.V ;4 N 6- U Si Signature Date 0 ('nnrt QnitarP P 0 Rny 601 - Winchester. Vireinia - 22601 J COUNTY of FREDERICK Department of Planning and Development REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director ,Sy 703/662-453 TO: Mr. Herbert L. Sluder Sanitarian Frederick -Winchester Health Department Located at the P.O. Box 2056 intersection of Winchester, Virginia 22601 Smithfield Ave. & (703) 667-9747 Brick Kiln Road ._ FROM: Robert W. Watkins, Planning Director DATE: 2 -) 3 -- 8 7 SUBJECT: Review Comments for Conditional Use Permit X Rezoning Subdivision Site Plan Please review this request for a C �ah�e %" zovNIVq f r-d•0-, C��►�merc�ial �B 2) i-v Resldcn f IW / (RP), Lets _ G, located at t-e-ler;c /Z/f D"Ve plA �= Proposed building and improvements: - ,, A zed /Vl 6 o-f G d e c-f vr, -"\ s A ► R F This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by 3-- 1-- 8 7 for the meeting of 7, Health Comments: Health Signature: Applicant's Name: Address: Phone Number: CF� Date: ,� — / 7 -- NOTICE TO APPLICANT: It is your responsibility to contact the Frederick -Winchester Health Department for comments on your project and to return all comments as part of your application before or on the submittal deadline date. \\Ii.�ri+nc*nr \Iirnir,in 11AM o.la 00 . InnHA P \ y, o ata.: 3 �\h o. v>� I vd H17' 2.9375 AC. c' ISs°r1Rnt LEGEND W -Water L — 5 H—Sarni t•i'v Ma""o 1E 11 : Cnmpi "d Plat lk'\ S \ 20' U! I o.v Easerrrnt o. E PROPOSED \�a• ; SHOPPING CENTEP 12.r]75 ACRES �I PROPOSED Jr - MULTI -FAMILY 9.6300 ACRES A• +4_I3: A-1 36. 00' A 17' . 0" O;j MA L L Q N 6 02' 56 'E F R D t r t _ Fr ;� �' f . A -2 R7. 109.39 q A 46 . a6' m 9 '0 l 'w LO' F LOT l' '1.541h AC. �m aI .3685 Ac. i, ;I^1.2006 AC. ';1 1101 ACCA . ' J t q (� S ,ibi 7 8,. I n zl Ir4 I I HU. DO' 30.00'�lC ;M _� _ SMH- - - - 'Uti - - - Z 3 18�-' =2-- 4F W -- - -- I �;r. 20' Ut 11 i t. EaSt?Tl?' L lI" Sew'r 4.� Tap U" Snwrr Tip Sews T •i0 atnage 5 asf'me^t 4� SMr, o k3'r� cuu H t Lc; LOT A 0.8�50 Ac. ' P �C . LOT B o g I.0854 Ac. Lo N J y CV 4 n 1 136.8 :� LOT C po 233 A-. cog 3Z�01 00 oAr vF N 01.4 8 - 1� L OT E bl MCI71 Ac"'0T D g4C, Ac w1_54_ �,`" 0_6107 Ac. - - - 2?18rOA'— - S 18 31' 15" W - 361.s4' 104: Drainage Easement b) Ut t 1_�tv Easement 19L00_ J g" Stub Out I p 0/I•N, N Gti � 3 .tp � � � w 0 0 - o V',60'12'1', Q 3 Ij SMH " SewPr Tap F-0. vLA� FREDERICK MALL LAND TRUST E n I,AINESB0�'0 DID FREDtRICK COUNTY. vIPGINIA . All I 2 0 0 ' SEPTEMBEk 10. 1982 RITCHIE SURVEYS i .• r,H`NS CITY. UIRt;iNIA „•; RP VISP(j In 26-e: COUNTY of FREDERICK Department of Planning and Development y REQUEST FOR COMMENTS John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director w,. 1758 703 /662-4532 TO: Mr. William H. Bushman Local Office: Resident Engineer VA. Dept. of Highways & Transportation 1550 Commerce Street P.O. Box 278 Winchester, VA. 22601 Edinburg, Virginia 22824-0278 (703) 662-8876 (703) 984-4133 FROM: Robert W. Watkins, Planning Director DATE: 2 / 3 �l SUBJECT: Review Comments for Conditional Use Permit )( Rezoning Subdivision Site Plan Please review this recruest for a CAA VA e- i r\ Z. e y, l h r o1^1 located at f-r--edPr-/ -/c NI /j DrIve. see ,4�fpL11ed �'/A* Proposed building and improvements: 8. /d l c - z ed u.H of 6-4rde-n A e- I-wlen' S A"d oV To1,Vb 651✓.2" r ds fir►-. Zon,r\Y f e��/A �r0V% This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by -3-/ P 7 for the meeting of A r=1 11, / y 8% VDH&T Comments: NO OBJECTION TO REZONING. VDH&T Signature: Applicant's Name: Address: Phone Number: Date: 2-)3-67 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. 4 Cnnrt Crm-iro P n Rnv 401 AXI;n(Ai Pcfor 11;r�;nio r W� 0 0 04� 2 0' U t 1 i v E a s nr+n n t 09 u5' 30' g" " - ,It Dra,naV 5 Easement j D SMh PROPOSED SMH �.' c, I . o LOT A 1.. SHOPPING CENTER '- - n 12.'175 ACRES 0.8350 Ac.o' ti �' �a S F E'9 0/ ..W PROPOSED LOT 8 MULL I -FAMILY 0854 A , 4, I.� 9.6300 ACRES �o y� N ti H.a. LOT C A-136.00' A I".07. Ole MALL t36 g .e o 7233 Ae. of n N16 02,r,r) - F t-Dr . _ _ —Fa sr ,n_ E 29 37'00''E S F I( _ �t�L ►r 4=201 4 T I Nvn - _ ^ — q2• r 23 8r_ ti A 109.39 Fi��LO 1 ate` A 9 I I LOr F �+ 703a�1A �,�� LOT D "' SMH + A-46.?6' m T F of ' i ')4' 0,6107 Ao, �" ci LO q F w 1 I,r,— /'4" Sewer Ta � D 0' H _ ; ,� S 1 i F4• S60 12'15'F-0. ;" a ; r a l . iFPS Ar. - d 31 ' 1 5' W - 36 1 I itles� lhj7ev` - ai1-1.2006 AC. r'11.3101 AC. c � - IQ` Drainage Ease�r!nt b N LOT J �q .j f c N d �'r y I- o ;I q-1 �• n FD Ut t I.�tv Easement Orr .00' `?U.UO tubs z I9a.00' �. 0' ;M � _� _ = apSMH = MIi - - - = 19 .00_ J ---- -- -- -- -- -- --- S 18" 12' VS W / - 1 ;�. rp' MH �20' Utz' �.,�..r., .T7,p 4" $ewer V" Sewe R' Stuh Out Tap TAD ` LEGEND W— W a t P- L i n e S H—Sanita•v MaoI N )t Comp, ^d Plat �'L" FREDERICK MALL LAND TRUST GAINESBO40 DI, FREDERICK COUNTY, JIRGINIA STALE 200' SEPTEMBER 10 PITCHIE SURVEYS S';r'H�NS CITY. VIRI,'NIA 1 9 8 2 Revised 10.26-82 k7503 H. Y. BENHAM, IIT, TR. * � 1�•dhr j TAD; VACATION OF EASEMENT 7�0 NORTH FREDERICK REALTY 6KG33VG546 THIS VACATION OF EASEMENT AND DEED OF EASEMENT made and dated this 3rd day of December, 1986, by and between i BENIih!d, III, TRUSTEE OF FREDERICY FLALL LAND TRUST, pursuant to Trust Agrecmcnt dated OctoLer 1, 1977, a Momorundum of wl?'c:h is recorded in the Office Of the Clerk of the Circuit Court of j Frvocrick County, Virginia in Deed acok 488 at Page 107, ►,Art}' of the first part, hereinafter called the Grantor, and 1101 I'll FIZEDERICK REALTY, a Virginia Partnership, party of the so(1c1 part, i,,ereinafter called the Grantee. WHEREAS, by Deed of Dedication and Plat dated May 18, 1581, of record in the aforesaid Clerk's Office in Deed Book it s ; at page 474, et seq., the Grantor herein dedicated a certain tract of land described as Frederick Mall Subdivision and in such dedication, of record in the aforesaid Clerk's Office in Deed Book 553 at Page 490, dedicated a certain 20 It. utility easement extending in a w esternly direction from a Ipoint marked 'SM1i" (Sewer Manhole) which point iS approximately 400 ft. South of Grantor's Nortinern property . utility easement extends in a generally Iline an! which 20 ft Southwestern direction frow said point marked "S1111" to a 30 t Ift- right of way lying along Grantor's Western property life iand wlt_ch _asemc:nt extends within said 30 ft. right of way in it a Sout.11c>rnly direction for a (Distance of approximately 250 ft., more or least and, WHEREAS, the Grantee herein is the owner of a tract of land, containing 9.63 Acree, more or l.e0s, which is the servient tract of land for both the 20 ft. utility easement And the 30 ft. right of way shown on said plat, and which rights of way are further set forth in that certain deed dated December 3, 1982 from the Grantor herein to the Trustees of i DrG33�c549 the Lzindye Trust, which deed is of record in the aforesaid Cleik's Office in Deed Book 554 at Page 638; and, I WHEREAS, the parties hereto desire to vacate the I aforesaid 20 ft. utility easement as indicated by the hash marks denoting the easement to be vacated on the attached plat drawn by P. Duane Brown, C.L.S., dated August 13, 1986, and in lieu thereof substitute a 10 ft. utility easement which shall i run in a generally North -South direction froen the sewer manhole -cover heretofore referred to as "SMII" to the land of the Grantee herein and which 10 ft. utility easement snail be used jointly by the parties heretr), their successors and assigns; and, MIL•;REAS, the parties hereto further agree to vacate that certain 30 ft. right of way located along the Grantor's Western property line, as shown on the aforesaid plat; Lhe Grantee herein having no further use for the same. NOW, THEREFORE, WITNESSETH: Vint for and in consid- eration of the premises herein and the mutual benefits to be derived therefrom, North Frederick Realty, a Virginia Partner- ship, does hereby agree to the vacation and extinguishment of that certain 30 ft. right of way which extends along th,: Western boundary of the property owned by the Grantor and further as designated in the aforesaid deed dated December 3, 1982, from H. K. Benham, III, Trustee, to James M. Stewart, Jr., et al, Trustees of the Landye Trust as the right of way "B" and to that portion of the 20 ft. utility easement which extends in a Westernly direction from the "SMH" as hereinbefore described and to that end, the Grantee herein does convey and quitclaim unto the Grantor herein all of its right, title and interest in said 30 ft. right of way and in 2 It SK633rG550 that portion of the 2U ft. utility easement as extends from i I the point designated "SM11" in a Westernly direction to the 30 ft. right of way and within the 30 ft. right of way. The Grantor does hereby grant and convey unto the Grantee a certain 10 ft. appurtenant utility easement extending in a Southernly direction from the location "SM11" as designated on the plat attached to the aforesaid Deed of Dedication and Plat of record in thu aforesaid Clerk's Office in Deed Gook 553 at Page 490, and is further shown on the plat attachvJ hereto designated "PROP. 10' UTILITY EASEA ENT" and which right of way shall be used in comn►on with the Grantor and its assigns for the purpose of constructing, operating, maintaining, and reconstructing a sewer line to the 9.63 here tract, together with the right of ingress and egress thereto. I In the event the Grantee's use of this right of way damages the property of the Grantor or its assigns, the Grantee will repair such damage. In the evert of any con- struction, maintenance or reconstruction by the Grantee, the Grantee shall, after the work is completed, place the right of way area in the condition as it was prior to the wort:. No buildiny shill be constructed over any utility easenlent uril proper arrangements have been made to permit access to the utility easement; however, the utility casement may be hard surfaced for parking lot or landr;caped. in all other respects, the utility ease►uents cars forth on the plats attached to the aforesaid Deed of Dedication and Plat, of record in the aforesaid Clerk's Office: in Deed Book 553 at Page 474, et seq., and as amended of record, are confirmed and ratified by the parties hereto. The Grantee does hereby release Grantor and its assigns from any obligation to dedicate any portion of said 30 ft. right of way for the widening of Fahnestock Lane. 3 M 16 i wriNrs,; the following elgnatures and 0111 `'), r JJI 11. 1:. BKIIIIAlI, 111 , T1:U,^•'1'I,r: ' FRrDER1CK MALL, 1.101) 7'hU.^,'1 , Puruuant to Trust Agrccmui: dated October 1, 1977, a r l%nv, randum of which is of record ii+ the aforesaid Clerk's Office :ii Deed Book 488 at Page 107. 1JURV__7L6�p T1l�FREDERICK REALT� i/ (/ B[/,� V/JSEnL) AMIN 1. DUTLt:., PANTHER STATE OF VIRGINIA, rt" OF TO —WIT: I, ',)/��•, 1 ,(� /�,./�• f./ a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that 11. K. BENHAM, III, TRUSTEE OF FREDERICK MALL LAND TRUST, whose name is signed to the foregoing Vacation of Easement and Deed of Easement, dated December 3, 1986, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this -'."'day of December, 1986. My Commission expires )I V.^,. 1 011 NOTARY PU13L1C i STATE 01' VIRGINIA AT LARGE, CITY Ok' W1NC'11ESTIA1, TO -WIT: I, :DM12f4. n"eA_, , a Notary Public in and for tile State and jurisdiction aforesaid, do hereby certify that UENJAMIN M. BUTLER, PARTNER of NORTH FREDERICK REALTY, whose name is signed to the foregoing Vacation of Easement and Deed of Easement, dated December 3, 1986, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this g.4 day of December, 1986. My Conunission expires /0/8 IS i 4 I aic633rc552 o�,.� ref Ez. ?o" uric irr T 1 EASEM�vr , , 1 �' � r OR.f/h'�GE ES�j�• IC � •- 1 11 � A SOT CA c 1 J zor 1 1 S o� Q . rl 11 PROP. /O' uT/L/rr' J V1 , EAs fmrNr EX. 20'vrli /rr E.�sEe�E�r 1 x 1 C, EX. 30, R/GNr- OF-W.4Y \ • � I •� A�fI \ ° pFicK j,4 t P. DuNIE c o pROwti v " 8 . o lj�f0 UIND 6� � Pl. A T SHO W/Nb • PROP�SE'D /O' UTwry EASEMENT • � � THRu rj ZREAN,0 OF DER/Ck' MALL LANO TR(/ST H.K. 6ENK/QM. — OA/NESDOAo MA6IsTFRlAl D/SrR/cr V/RG/N/A , . fREDER/CK C01"") SCALLfI•18200 AVOVSr 13/ 1984 gub.fi W. cuff .t.., lnc ►Wr`, 110< OWN Or«n.1tA On.• •I.. �...r. prpn rw..�.••�.r'f'""fnN Iron.wanf I,MIA 1111 y(Ml:A �vWN11. N,pu►•�� d wa an N•l!✓'r 4 fN. MNnro.--, .n .Mn ,.necw d v o...�n wd wow I 1 1 I TREASURER'S OFFICE COUNTY OF FREDERICK P. O. Box 225 WINCHESTER, VIRGINIA 22601 DOROTHY B. HECgLEY, TRWASURER March 2, 1987 PHONE 662-6611 COUNTY of FREDERICK M E M O R A N D U M TO: Frederick County Planning Commission FROM: Frederick County Board of Supervisors DATE: April 10, 1987 RE: Walter Pugh Rezoning The Board of Supervisors for the County of Frederick, Virginia, meeting in regular session on April 8, 1987, by majority vote, approved the Walter Pugh rezoning. In so approving, they did direct that the Frederick County Planning Commission to address these items discussed for change in the residential performance zoning classifica- tion. Your attention to this matter is greatly appreciated. tip John R. Riley, Jr. County Administrator 703/665-5666 9 Court Square - P.O. Box 601 Winchester, Virginia 22601 Ptanning Dept. COUNTY of FREDERICK P.O. Box 601 - 9 Court Square Winchester, Virginia 22601 Mn. AtbeA t Roy6 ton Sunny,side Station Winchesxetc, V,Agi i.a 22601 ° —' MAR15'4 COUNTY•of FREDERICK Departments of Planning and B((��u((��ilding 703/� 5650 March 25, 1987 r, TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Walter L. Pugh Rezoning Request To: Rezone 3.8792 acres from B-2 (Business General) to RP (Residential Performance) for residential garden apartments and/or townhouses. This property is located on Westminster -Canterbury Drive, off of Route 522 North, in the Gainesboro Magisterial District. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of April 8, 1987, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Robert W. Watkins Director RWW/rsa Q Court Square - P.O. Box 601 - Winchester, Virginia - 22601 L) _ w MAIIIIOM A JOHNSTON .Y1..1 [TI •i U• �IrtNllYYI. hlIIr1A #2975 H. K. BENHAM, III, TR. i, COVENANT AMENDMENT uoo►. 5M FAu GA THIS COVENANT AMENDMENT, made this day of December, 1982, by 11. K. Benham, III, Trustee of Frederick ?tall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Hemorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107, of the one part, hereinafter called the Grantor, WHEREAS, the Grantor has placed of record a Deed of Dedication concerning, 38 Acres of the Grantor known as the Frederick ball Subdivision, which property is situated on the South side of Route 522 and East of Fox Drive; and, WHEREAS, there are two typing, mistakes in said •Instrument which should be corrected and there is one clarification that should be made. NOW, THEREFORE, WITNESSETH: The Grantor does hereby amend the said Deed of Dedication instrument recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 553 , at Page 474 as follows: A. The date of the C. D. Hylton deed recorded in the aforesaid Clerk's Office in Deed Book 511, at Pages 1 and 5 as set forth on line two on Page 2 of said instrument is hereby amended from March 6, 1981 to March 7, 1978. B. Paragraph 16 is amended to read -as follows, the amend- ment being made -to correct the. spelling, in the last line: 16, No building, exterior sign or other structure shall be erected nor maintained on Lots A, B, C, D and D - 1 for a period of ten (10) years from this date, except pursuant to plans approved by the Grantor herein who shall deter- mine whether the plans, including architectural design, are in conformity with or at least do %tea � ' � �' � � � � �._.i�_ � � � _.. —.�_ �0'6 � _ _ —�._ i✓: woloo■ a •er■onr 154849/1196. MGNs" 5n0 .554 PAa 632 not clash With the plans and designs of the 01 other buildings in the Subdivision. The approval of the Grantor herein shall not be unreasonably withheld. For purposes of construing this s paragraph, the adjacent lot containing the "High's" building shall be considered part of the Subdivision. C. An additional Paragraph 19.•shall be added as follows: 19. Notwithstanding anything herein to the contrary, Lot J may be used as a conduit of water and sewer to adjacent land not a part of Frederick Mall Subdivision and Lot J may also be used as a roadway or entrance to adjacent property to the South of Frederick Mall Subdivision property. In all other respects, the Deed of Dedication set forth in the aforesaid Clerk's Office in Deed Book 553, at Page 474 remains in effect. WITNESS the following signature and seal: Al ( S EAT.) H'K. Benham, 111, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1, 1977, a Memorandum of which is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107 STATE OF VIRGIN A, at Large: � Ia Notary Public of and for the State aforesaid, do c tify that H. K. Benham, III, Trustee of Frederick Mall Land Trust pursuant to Trust Agreement dated October 1., 1971, a Memorandum of which is recorded in the r Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 488, at Page 107, whose name is signed to the - 2 - r33 jo r- r,nGk 5554 FA,E 63.3 foregoing writing, bearing date on the day of 1982, has acknowledged the same before me in my State aforesaid. Given under my hand this day of 1982 My commission expires %) /(. / f otary Public I,iW---41A FREUERCK COUNTY, SC1. 'h' ir.cV ^nt o' r4�nY M,,t produud to rTl� on lM ..J ._. GMY of al.i Wllh t4rJ.i"IJ of #CknowtsdgmOnl "*to.nn.:.d was odrTyttell I6"01/0■ t JOHNSTON �ffH�[rt N LAW ws.u►ta w46046A - 3 - L -