Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
016-06 Tasker & Warrior Rd. - Proffer Revision - Shawnee & Opequon - Backfile
0 � o 03 m co 0O Q G7 U "? o kf') j� DATE RECEIVED FROM ` L�'�` �+1•/-J ADDRESS P O C a03 8it ❑ FOR RENT ❑ FOR • AMT.OF CASH ACCOUNT AMT. PAID CHECK )pp E 3b D O p� ' NO. 9269 V a ZZ 0011 ' 3050. '-bOLLARS $ -01 P-ZiJ 6..c l 50 toSA t' ��rnmerr�w.� BY cs J OEZONING TRACKING SAT Js Ch Fee $Egrfi Depcstt , A:PPiicatior� farm sReed" t �s r ! Pro#Fer Saement f k T'IafISu rve r �t z he`s Pais! 'S#a Y Ad�a�ner 1 �s�t 4 F r�pa�Tt M deb Run r e .e. DATE Application received/file opened Q Reference manual updated/number assigned d D-base updated 1 Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing NAp -Qn 1 " —1-1_ lack an�h-ke location map ordered from Mapping 4 U U ile given to office manager to update Application Action Summary a ( PC public hearing date ACTION: 4CG& NIA" IU '� BOS public hearing date ACTION: Signed copy -of resolutionrfor-amendment-of-ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) % t 0 Action letter mailed to applicant / c © Reference manual and D-base updated /(v ile given to office manager to update Application Action Summary (final action) 6J -A File given to Mapping/GIS to update zoning map /V Zoning map amended U ACarohCommonuracki ng.rex _Revised: 05/09/02 .�:J/ 0 0 I January 11, 2007 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 COUNTlY UW OURICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 RE: REZONING 1416-06, TASKER ROAD AND WARRIOR ROAD COMMERCIAL PINS 75-A-105A, 75-A-105B, 75-A-105C and 75-A-105D Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 10, 2007. The above -referenced application was approved to revise the proffers associated with Rezoning #02-98, Tasker Road and Warrior Road Commercial, for those parcels located at the southeast quadrant of the intersection of Tasker Road (Route 642) and Warrior Drive (Route 1141), and identified with Property Identification Numbers 75-A-105A, 75-A-105B, 75-A-105C and 75-A-105D in the Opequon Magisterial District. The revised proffers include a change to the hours of operation restriction. Commercial businesses shall restrict their hours of operation by closing from 12 a.m. to 5 a.m. The proffer that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. The original proffers remain applicable to the balance of the property involved in Rezoning #02-98 (PINS 75-A-104 and 75-A-104E) and have not changed. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad Attachment cc: Bill M. Ewing, Board of Supervisors, Opequon District Roger Thomas and Rick Ours, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Ervin Properties, LLC, 1830 Plaza Dr., Winchester, VA 22601 TreyBul Co., LC, 116 S. Stewart St., Winchester, VA 22601 H. N. Funkhouser & Co., Inc., PO Box 2038, Winchester, VA 22604 JEM VII, LLC, PO Box 3538, Gastonia, NC 28054 Jasbo, Beverly Shoemaker, PO Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 REZONING APPLICATION 916-06 TASKER ROAD AND WARRIOR ROAD COMMERCIAL Staff Report for the Board of Supervisors Prepared: January 3, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: December 6, 2006 Approved for East Side of Warrior Drive Only Board of Supervisors: January 10, 2007 Pending PROPOSAL: To revise the proffers associated with rezoning RZ#002-98, Tasker Road and Warrior Road Commercial, as they pertain to the hours of operation on the commercial properties. The applicant has modified this request to apply only to those parcels located on the eastside of Warrior Drive. LOCATION: The properties are located at the southeast quadrants of the intersection of Route 642, Tasker Road, and Route 1141, Warrior Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBERS: 75-A-105A, 75-A-105B, 75-A-105C, and 75-A-105D PROPERTY ZONING: B2 (Business General) PRESENT USE: Commercial and vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential B2 (Business General) Vacant PROPOSED USES: Commercial development. 0 0 Rez #16-06, Tasker & Warrior Commercial Page 2 January 3, 2007 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History In 1998, the Frederick County Board of Supervisors approved rezoning application RZ #002-98, a request to rezone 35.6774 acres from RP (Residential Performance) to B2 (Business General) with proffers. The resulting commercial properties provided the commercial focal point for the Tasker Road Land Bays project. The properties subject to the original rezoning were 75-A-104, 105, and 117. Rezoning #002-98 contained various proffered conditions which are generally sunnnarized as follows: Transportation improvements to offset impact of development. A traffic Impact study was to be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Drive Commercial site at the time of site plan review. Improvements will be constructed by the applicant as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. This proffer condition has been, and continues to be, implemented by the applicants. Restricted uses. The applicant will restrict the use of the property by not allowing the following uses. Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed). Hotels and motels Car washes Golf Driving Ranges and miniature golf courses Batting Cages Membership organizations Civic, social, and fraternal organizations Funeral homes and crematoriums Drive-in theaters Restricted hours of operations. The applicant shall restrict hours of operation by requiring businesses to be closed from 11:00 p.m. to 6:00 a.m. Monetary contribution to offset impact of development. The applicant will pay Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. 0 0 Rez #16-06, Tasker & Warrior Conunercial Page 3 January 3, 2007 This monetary contribution was paid on 514106 by the property owner in conjunction with the development of the CIS Pharmacy. 2) Request to revise Proffers The applicant has submitted this current rezoning application to modify the proffers associated with original rezoning, particularly as it pertains to the hours of operation for the commercial properties. The property subject to the new rezoning is the same as the original rezoning. However, the parcel identification numbers are different due to subdivision of the parent tract. Further, the acreage is less. This is due to the dedication and construction of state road infrastructure including Warrior Drive, Lynn Drive, and the expansion of Tasker Road. The proposed revisions to the proffer statement contained in Rezoning #16-06 are generally summarized as follows: Restricted Hours of Operations. The applicant shall restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. This is a modification from 11:00 p.m. to 6:00 a.m. as originally approved. The net result of the modified hours of operation would be to enable the commercial businesses to remain open for one additional hour in the evening and to open one hour earlier in the morning. It is anticipated that this will enable the commercial businesses a greater opportunity to serve the members of the community, while still maintaining a degree of sensitivity to the surrounding residential neighborhoods. All other proffers. The applicant has maintained the proffer addressing the transportation improvements provided in conjunction with the commmercial development. It should be noted that since the original rezoning occurred, Warrior Drive has been completed through the properly, and the intersection of Warrior Drive and Tasker Road has been signalized. Additional lane improvements at the noted intersection have been secured with adjacent rezoning applications and development. The restricted uses remain exactly the same as originally proffered. The applicant has eliminated the proffer which provides for a monetary contribution to offset impact of development to Fire and Rescue Services. As noted, the applicant made a payment in the amount of $6,545.97 to Frederick County for the Stephens City Fire and Rescue Company at the time the first building permit was applied for and issued. Specifically, it was paid on 5/4/06 by the property owner in conjunction with the development of the CVS Pharmacy. Each of the current landowners of property which was contained within the original rezoning approval are participating in this rezoning application and have executed the new proffer statement dated April 8, 2006 (revised October 17, 2006). Rez #16-06, Tasker & Warrior Commercial Page 4 January 3, 2007 STAFF CONCLUSIONS FOR 12/06/06 PLANNING COMMISSION MEETING: The subject properties are presently zoned B2 and the continued commercial development of the property remains consistent with the original rezoning application. The project maintains its consistency with the goals and policies of the Frederick County Comprehensive Plan. The proposed modifications would enable the commercial properties to operate for an additional hour in the evening and an additional hour in the morning. The modification of the proffer statement would not have a negative impact on the surrounding properties. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/06/06 MEETING: The applicant stated that H.N. Funkhouser, a recent purchaser of a portion of the property, will establish a Handi-Mart convenience store and Durkin Doughnuts restaurant on the site, two facilities who generally co -brand together, and requests the ability to extend the hours of operation. The applicant stated that the Dunkin Doughnuts restaurant is a full -service breakfast facility and would like to open at 5:00 a.m. to serve commuters and the Handi-Mart is a convenience store and would like to stay open until midnight. Two residents of Autumn Glen came forward to speak in opposition to the extended hours of operation. The first citizen, a resident at 128 Spanish Oak Road and Vice President of the Autun-m Glen Homeowners Association, was concerned that the uses and hours of operation permitted for the commercial property on the east side of Tasker Road would set a precedent for those facilities on the west side of Tasker Road. He pointed out that 30 of the most recently developed homes on Spanish Oak Road are occupied by seniors, aging from 70 and plus. He said these residents are very sensitive to disturbance, such as "day -light" lighting at night; noise from automobiles, delivery trucks, and trash pickup; and people congregating in parking areas. He was also concerned about the buffers bordering Lynn Drive, the 100-block of Spanish Oak, and the cul-de-sac near Warrior Drive; he reported that the developer has knocked down numerous mature trees and the remaining spindly trees are unacceptable as noise and light barriers to their community. The other citizen, also a resident of Autunim Glen, was concerned about future grading plans adjoining his lot because the 50-foot buffer behind him was basically a wetland; he was concerned that a structure could be built only 75 feet from his home; and he was concerned about the unsightly appearance of dumpsters, etc. that go along with food -service establishments. Commissioners recognized that the residential development on the west side of Warrior Drive was a quiet, age -restricted community. They noted that the commercial area on this side was quite large and could easily accommodate a 24-hour operation, such as a grocery store. Ways to protect the existing residents on the west side of Warrior Drive were discussed and a reconunendation was made to approve the longer hours of operation for the commercial development on the east side of Warrior Drive, but prohibit longer hours of operation for the commercial development on the west side of Warrior Drive. Commissioners also discussed the lighting plans for both commercial areas with the staff and advised the applicant of the importance of sensitivity to the existing residents. Rez #16-06, Tasker & Warrior Commercial Page 5 January 3, 2007 A reconunendation was unanimously approved to extend the hours of operation for the land bays on the east side of Warrior Drive, but to keep the existing proffers and hours of operation for the land bays on the west side of Warrior Drive. (Note: Commissioners Light, Morris, and Ours were absent from the meeting.) STAFF UPDATE FOR 01/10/07 BOARD OF SUPERVISORS MEETING: The Applicant has provided a revised Rezoning Application and Proffer Statement that seeks to address a primary concern identified by the Plaiming Commission. Specifically, the Applicant has modified this request to apply only to those parcels located on the east side of Warrior Drive. Parcels 75-A-104 and 75-A-104E have been removed from consideration. As a result, the acreage of this request has also been reduced from 31.83 acres to 10.73 acres. In summary, the proposed modifications would enable the commercial properties on the east side of Warrior Drive to operate for an additional hour in the evening and an additional hour in the morning. The applicant is proposing to restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. SIDE E5 T65 laur e!'fiilhpr a ( s c .J K 3 D MAN R Kr,e, e MO OY TAT ON 1 n Cr Talan,ore Dr S THE TOWN AM5Y-4t(C RED6wcK I=ARM MAGEDow MIZZ5 4' ON bask . d 'Bayberry Cr Lury Long Ct J 1'asker Rd ' Sarvis Ct 76 A 105D BZ pt zoning �y 76 A 105C WA LUIIt.F S; Sh°,n rlingro„ fi;l 0a r 75 A 105B 1Cr TN SPa�is eeQ , �yb h0 4117id 6 A 106A U/arkb teat. urgs R 4 Of G` d Ur �c AL V G' NE MP T 14050Y $TA Char d°o day Or RF �Of Snry 0 65TAT Zoning hBUr OLD DOMINION (.VZCN5 :L10 �r a°„per Frederick County, VA Rezoning REZ#16-06 Application Tasker & Warrior Rd Parcel ID: 75-A-105A,75-A-10513, 75 - A - 105C, 75 - A - 105D Location in the Gounty Map Features Q Application Zoning 0 Lakes/Ponds B1 (Business, Neighborhood District) ^-- Streams B2 (Business, General District) Buildings • B3 (Business, Industrial Transition District) Stmets • EM (Extractive Manufacturing District) '�► Primary • HE (Higher Education District) Secondary • M1 (Industrial, Light District) Terciary M2 (Industrial, General District) • MH1 (Mobile Home Community District) • MS (Medical Support District) "a' R4 (Residential, Planned Community District) • R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Arta 6K OOG = 0 125 250 5OPeet w SIDE ES TES �-aur`'pyill Ur - pia . O y gG r 'n O -Y a 3 ° K 3 D MAN R lrereCn MO BY TAT ON I ,4 Talamore Dr eye THE TOWN 5 �AM5 (�/�/[JOk REDERIGK FARM MAGEDON ALFES �Z 4' DIN ranker k d B. berry. Ct Lury Long Ct y I ` I'asker Rd "-�- San'i.sct 75 A 105D c \1pO �\ 76 A 106C WAR (ENTER 75 A 1058 �Sitlipgtuu Ln Rill Ct drdCr E TO u of �< Spol z � 5,00 Ir Udk 5 A 105A 84 ¢ e 7lu ekL"rps bo�u Fc G` Ur c AL V E G HE MP T MO56Y $TA t Cha'u o% �dy o olSp i„ 6K OW ESTAT BU OLD DOMINION GREENS n o, rgOjh O e yCl Frederick County, VA Rezoning REZ#16-06 Application Tasker & Warrior Rd Parcel ID: 75 A - 105A, 75 • A 10513, 75 A - 105C, 75 - A 105D Location in the County Map Features Q Apphcalton Long Range Land Use .. Lakes/Ponds Rural Community Center ^— Streams Residential Buildings Business Streets Industrial '�. Primary-' Institutional Secondary Recreation lerciary '4'U Historic Q2� Mixed -Use Planned Unit Development Location in Surrounding Area 0 125 250 50P - eet REZ # 16 - 06 WO .. ilk 94, s•� � , .. +-may r Aerial Map TASKER ROAD & WARRIOR ROAD COMMERCIAL PROPERTIES REZONING APPLICATION Frederick County, Virginia at , i I, �,; .I♦ �' b . r ,(.�.s `�7^,�„b ,# *f ! Ham.. ,.4 • .. Iy • o'���i •Z;,A ;r��,'i,`' t�` C`-i�wt �A�v, �1f�2��� "+►•� .,i�/ � �,\ s� KSS�� t , ham/ � ✓ � s ° •'f� Leta I�. rC� �4j.4e �„�' r, P� �. �,'_ 'Q•" �' � � +� ,4 y! .;;l.���� ��, t S `' �� ,fir._ ,�... .���,��,��,�•, .� Tax Parcels #75-((A))-105A; 75-((A))-105B; 75-((A))-105C; and 75-((A))-105D December 8, 2006 Current Owner: JEM VII, LLC; TREYBUL COMPANY; H.N. FUNKHOUSER, COMPANY; ERVIN PROPERTIES, LLC Contact Person: Evan Wyatt, AICP 151 Windy Hill Lane Founded in 197t WinchesLer•, Virginia 22602 Telephone 540-662-4185 Engineers FAX 540-722-9528 Surveyors www.greenwayeng.corn i 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff; c Fee Amount Paid� � Zoning Ame`�`� f idnient Number ,Date Receive I`7'G'� PCHeaiirg Date BOSHearing. Date_,, The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: JEM VII, LLC, H.N. Funkhouser & Co.. Trevbul ComDanv. LC and Ervin Properties, LLC being all of Tax Map Parcels 75-((A))-105D, 75-((A))- 105C, 75-((A))-105B, and 75-((A))-105A and further described by Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008205 and Instrument Number 050008207. 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: JEM VII, LLC, James E. Martin Treybul Company, LC, John C. Lewis H.N. Funkhouser, Co., Robert W. Clayton Ervin Properties, LLC, David A. Ervin 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Commercial & Office Commercial & Office PARCEL ID NUMBER USE ZONING 75-A-104E Commercial — Unimproved B2 District 75-A-117 Residential RP District 75M-4-3-141A Open Space RP District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The parcels comprising the Tasker Road and Warrior Road Commercial project are located in the southeast quadrant of this inetrsection (Route 642 and Route 1141). 0 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Tax Map Parcels 75-((A))-105A, 75-((A))-105B, 75-((A))-105C and 75-((A))-105D Magisterial: Fire Service: Rescue Service: Service Districts Shawnee Stephens City Stephens City High School: Middle School: Elementary School Sherando Aylor Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 10.73± B2 District B2 District 10.73± Total Acreage to be rezoned Note: Proffer Statement Modification Only — No Revisions To Existing Zoning District 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): 0 OAJDate: O I 0 .c. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 May 19, 1998 G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, VA 22601 RE: REZONING APPLICATION 4002-98 OF TASKER ROAD AND WARRIOR ROAD COMMERCIAL; PIN's 75-A-104, 105 and 117 Dear Steve: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 8, 1998. The Board approved your request to rezone 35.6774 acres, identified as PIN's 75-A-104, 105 and 117, in the Opequon Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Evan A. Wyatt Deputy Director EAW/cc Attachment cc: Robert Sager, Opequon District Supervisor Bowman & Glaize Steve Melnikoff, VDOT Denny Linaburg, Fire Marshal O:\AGENDAS\APPR DEN.LTR\TSKRWARR.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 0 REZONING REQUEST PROFFER Property Identification Numbers 75-((A))-104,105 & 107 Opequon Magisterial District JASBO, INC., FRED L. GLAIZE, III, FREDERICK DEVELOPMENT, INC. & JAMES I✓. BOWMAN "Tasker Road and Warrior Road Commercial" Preliminary Matters Pursuant to Section 15.2 - 2296 et. sect., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #002-98 for the rezoning of 35.6774 acres from Residential Performance (RP) Zoning District to the Business General (B-2) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Transportation Improvements to Offset Impact of Development A traffic impact study will be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon. Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will restrict the use of the property by not allowing the following uses: REZONING REQUEST PROFFER Property Identification Number 75-((A))-104, 105 & 107 'Tasker Road and Warrior Road Commercial " Page 2 • Automotive dealers • Gasoline service stations (pumps at convenience stores are allowed) • Hotels and motels , • Car washes • Golf driving ranges and miniture golf courses • Batting cages • Membership organizations • Civic, Social and fraternal organizations • Funeral homes & crematoriums • Drive-in theaters Restricted Hours of Operation The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned shall restrict hours of operation by requiring businesses to be closed from 11:00 p.m. to 6:00 a.m. Parcels to be Rezoned B-2 The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned reduces the rezoning request by eliminating parcel 1 as shown on the attached plan entitled "Tasker Road & Warrior Road" dated 2/10/98 by Gilbert W. Clifford & Associates. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for' the County of Frederick, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon Magisterial District of Frederick County, Virginia from RP to B-2, the undersigned will pay to Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. REZONING REQUEST PROFFER Property Identification Number 75-((A))-104, 105 & 107 "Tasker Road and Warrior Road Commercial " Page 3 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, we) V,11 ari By: C �.�'`'' Date: <5 1141 c7 Jasb L.�Bo an, Preside Inc., James Lnt By /—.za > C-- 4f- e - �Date: — /T� �--- Fred L. Glaize, III STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 4 day of 'M Cu . 1998, by �3amcS L My Commission expires Notary Public fie✓ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this S day of M _' 1998, by My Commission expires Notary Fublic 0 _- �E_ ry-, �-� 0 0 REZONING REQUEST PROFFER Property Identification Number 75-((A))-104,105 & 107 "Tasker Road and Warrior Road Commercial " Page 4 By: '"'� Date: 5 c Jaukj L. Bowman By: c' L", �— Frederick Development Co., Inc. Fred L. Glaize, III, Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The by_ p�-- day of fy) o_;_, 1998, for jasbo, Inc. My Commission expires 3 , . z C4_'� Not oy Public a t instrument was acknowledged before me this .G S L_ . & Ow cr- a r1 STALE. OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: 4 The foregoing instrument was acknowledged before me this 5 day of 'f -) G' " ,1998, by '�7fd L, Cfl\a..zc _ = "\Lc,f_- C��' � for Frederick Development, Inc. My Commission expires Notary Public elea gppZ'luawliedaa SIE) -LA'Alunoo louapej_A:aanoS elea delry n 0 r- m m cDn ZS M31Aa3A0 PJ N _ oo m O m cca� « (joulsla aauewaolJad leijuaplsad) dH I z m m m 90 O m 0a (loulsia seaay leanly)) `da O (loulsia leaaua� `ssauisn9) Z8 CD 0 0 T z z D a oa .a ; �aa� ate\ 6uluoz m c> C) m D m 06 / a� O m zo M 6��5 ao sauepuno8 Poaed z D N M bt :------/ sIaoaed joafgnS I e < m A110 SN3Hd3lS < z puaua-1 m O m O s aoae oaf n CO z D D I d l g S od �...� -� a� wo mD C d��in ��N°� \ { a D by 0&0 M an-V cn 0< a� Sao moo CD 20y �a r �a o m a 1 0 CL Stl3 O2 0�b l01lIH HS1� bh, ^► Qo O \ CWotl ea NlvINnow dvaaLI o NNl` 'Id �3N b O 37 � Q'(a 0 Utl a3�1Sb � y / 1 O y NIO •�'IOddf1S r 3 = U =1 y a p Z3 Q CCD I �► L3 JNO-l-AO `\ 1O Aa�138A1r8 0 0 Ill p� b��s O� n T--OIi HOli11HO.b'IN003ObWX < D� bl / �co a ° \ y � y 2y oao�aa � ,"c op bON�1 0��0 Ij >= a' \10 M o y Z 3pb3��� ` o S 1n ) r J—�7� �n Of/ H O�nH o=- o U N► �j01M �tib / / O. b/NOO 3 M m 3Zi�' o as adow•nvi ¢ N rq7. 0 Zd° Z N��lalrnls3"d 13 m s�oti 40 8 3 8�ca ele4 900Z 'luawuedaa Sig eA 'Alunoo yauapai j :aainoS ejep deyy D d « d' n aye sane .0 o a o -n z 000 l 009 0 05Z 005 ,ac�o f f ,op e d CD m m Q° �o .tea ' slaaaed joafgnS to 4 m M a] 0. W"W o m O%j y`' a f j < m m �� ° voti�tl • +fir M �arj0 V ,r n + o m 70 p >oo �C '' E'y' fdJ1 �.• _' y �' Cf) -41 m D m L ^��?u��r �i �� • of ` t a0 yr �'°'� 03 50 50 n ) �'�tir !Cx at� �►do04a aF Alp h o0a� II �� �`` �` ' y►"4a tee, fA o . t, a aye°� I r �,�� ♦� I,low '• '� �' °- �1Jpdb�,o�� �� �ao :� y � t _ - �r � � � �. �,�+- +� � .� � l s' • � : Otis ��-- ,r - _ oIV1NnOW tlVO3� . • �. e.,� CD •'"* +� _ � A flipm � � �,�_ns Q :� Y �y�'- x�Yl�.l ti.�,i��f 1ARM � ` y`' �-_ �0,�� I! �� 3 "W&ti ! T. �D it 4' �Aw a O 10 aa3 Abe ;mow • O tee. i�,�►��< LO ON �On, j O� y 8 8r�p n — as HOt10 . A i �11�► O �. IN0a30bW 3Z Waft '�i Z r` 1 . �.l / b0 * §4LA Aj aA o' � eLo �� J.� �, ••�;i °� =O \6 • � �jt ,�*'d µ 5 -.._ �-.:�<<_- -�� ►�{=y� _I --aO�,�a:- F`4 '�:. .,� - .�3- �'+/�fC4�� •"'\.�JD'b�d{I .f. •O1�a t'. •. i VA 3 ` R N���1Mb�; 7/.��/yb ,„ '1 `� ' 2or nH� bgv0 I J1 CD AN �. iii�► Al ca"` JS,��I W �'�� m•� F4 Zs ° MalA.lBno lL'IJ2d a bo ao 0 0 REZONING APPLICATION 416-06 TASKER ROAD AND WARRIOR ROAD COMMERCIAL Staff Report for the Planning Commission Prepared: November 17, 2006 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision oil this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: December 6, 2006 Pending Board of Supervisors: January 10, 2007 Pending PROPOSAL: To revise the proffers associated with rezoning RZ#002-98, Tasker Road and Warrior Road Commercial, as they pertain to the hours of operation on the commercial properties. LOCATION: The properties are located at the northwest, southwest and southeast quadrants of the intersection of Route 642, Tasker Road, and Route 1141, Warrior Drive. MAGISTERIAL DISTRICT: Shawnee and Opequon PROPERTY ID NUMBERS: 75-A-104, 75-A-104E, 75-A-105A, 75-A-105B, 75-A-105C, and 75-A- 105D PROPERTY ZONING: B2 (Business General) PRESENT USE: Commercial and vacant. ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Residential PROPOSED USES: Commercial development. s 0 Rez 416-06, Tasker & Warrior Commercial Page 2 November 17, 2006 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History hl 1998, the Frederick County Board of Supervisors approved rezoning application RZ #002-98, a request to rezone 35.6774 acres from RP (Residential Performance) to B2 (Business General) with proffers. The resulting commercial properties provided the commercial focal point for the Tasker Road Land Bays project. The properties subject to the original rezoning were 75-A-104, 105, and 117. Rezoning #002-98 contained various proffered conditions which are generally summarized as follows: Transportation improvements to offset impact of development. A traffic Impact study was to be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Drive Commercial site at the time of site plan review. Improvements will be constructed by the applicant as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. This proffer' con(lition has been, and continues to be, implemented by the applicants. Restricted uses. The applicant will restrict the use of the property by not allowing the following uses. Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed). Hotels and motels Car washes Golf Driving Ranges and miniature golf courses Batting Cages Membership organizations Civic, social, and fraternal organizations Funeral homes and crematoriums Drive-in theaters Restricted hours of operations. The applicant shall restrict hours of operation by requiring businesses to be closed from 11:00 p.m. to 6:00 a.m. Monetary contribution to offset impact of development. The applicant will pay Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. 0 Rez #16-06, Tasker & Warrior Commercial Page 3 November 17, 2006 This monetary contribution was paid on 514106 by the property owner in conjunction with the development of the CVS Pharmacy. 2) Request to revise Proffers The applicant has submitted this current rezoning application to modify the proffers associated with original rezoning, particularly as it pertains to the hours of operation for the commercial properties. The property subject to the new rezoning is the same as the original rezoning. Iowever, the parcel identification numbers are different due to subdivision of the parent tract. Further, the acreage is less. This is due to the dedication and construction of state road infrastructure including Warrior Drive, Lynn Drive, and the expansion of Tasker Road. The proposed revisions to the proffer statement contained in Rezoning #16-06 are generally summarized as follows: Restricted Hours of Operations. The applicant shall restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. This is a modification from 11:00 p.m. to 6:00 a.m. as originally approved. The net result of the modified hours of operation would be to enable the commercial businesses to remain open for one additional hour in the evening and to open one hour earlier in the morning. It is anticipated that this will enable the commercial businesses a greater opportunity to serve the members of the community, while still maintaining a degree of sensitivity to the surrounding residential neighborhoods. All other proffers. The applicant has maintained the proffer addressing the transportation improvements provided in conjunction with the commercial development. It should be noted that since the original rezoning occurred, Warrior Drive has been completed through the property, and the intersection of Warrior Drive and Tasker Road has been signalized. Additional lane improvements at the noted intersection have been secured with adjacent rezoning applications and development. The restricted uses remain exactly the same as originally proffered. The applicant has eliminated the proffer which provides for a monetary contribution to offset impact of development to Fire and Rescue Services. As noted, the applicant made a payment in the amount of $6,545.97 to Frederick County for the Stephens City Fire and Rescue Company at the time the first building permit was applied for and issued. Specifically, it was paid on 5/4/06 by the property owner in conjunction with the development of the CVS Pharmacy. Each of the current landowners of property which was contained within the original rezoning approval are participating in this rezoning application and have executed the new proffer statement dated April 8, 2006 (revised October 17, 2006). 0 • Rez #16-06, Tasker & Warrior Commercial Page 4 November 17, 2006 STAFF CONCLUSIONS FOR 12/06/06 PLANNING COMMISSION MEETING: The subject properties are presently zoned B2 and the continued commercial development of the property remains consistent with the original rezoning application. The project maintains its consistency with the goals and policies of the Frederick County Comprehensive Plan. The proposed modifications would enable the commercial properties to operate for an additional hour in the evening and an additional hour in the morning. The modification of the proffer statement would not have a negative impact on the surrounding properties. Followinga the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. GREENWAY ENGINEERING 151 Windy I [ill 1 Luc Winchester, Virginia 22602 Pounded in 1971 September 15, 2006 Frederick County Planning Department Attn: Mile Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: Tasker Road and Warrior Road Commercial Proffer Revisi Dear Mike: Please find attached information pertaining to a conditional rezoning modification request for the Tasker Road and Warrior Road Commercial project located in the northwest, southwest and southeast quadrants of this intersection, and identified as Tax Parcels 75-((A))-104; 75-((A))- 104E; 75-((A))-105A; 75-((A))-105B; 75-((A))-105C; and 75-((A))-105D. The Frederick County Board of Supervisors approved Rezoning Application 9002-98 with proffers on April 8, 1998 for this project. These proffers established transportation improvements, land use restrictions, hours of operation and monetary contributions for this project. The proposed modifications to this proffer statement pertain to the Current hOLII'S Of operation, which restrict operations between 11:00 p.m. and 6:00 a.nl. The Applicants desire to change these hours of operation to restrict the hours of operation between 12:00 a.m. and 5:00 a.m. The purpose of this revision is to provide better service to the residents within this area of the County, particularly for the Conurluting residents. Additionally, the proffer statement has been revised to eliminate the monetary contribution for fire and rescue services, which was paid to Frederick County in May 2006. Please review this information and provide me with comments from your department and the County Attorney at your earliest possible convenience. Greenway Engineering will submit the final rezoning application, the special limited power of attorney documents, the signed proffer statement and the $3,000.00 rezoning application review fee once these comments have been received. Please contact me if you have any questions or if you need any additional informatloll at this time. Sincerely, Evan IW}att, AICP T Greenway Engineering Cc: Ken Rice Engineers surveyors 'Masker Road and Warrior Road Conwie"ClUephone 540-662-4185 FAX 540-722-9528 Proffer Statement Revision N4806/EAW www.greenwayeng.com • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fee Amount Paid�s Zoning Amendment Number Date Receive :/4* PC Hearing Date o6 BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Jasbo. Inc.. JEM VII. LLC. H.N. Funkhouser & Co.. Trevbul Company, LC and Ervin Properties, LLC being all of Tax Map Parcels 75- ((A))-104, 75-((A))-104E, 75-((A))-105D, 75-((A))-105C, 75-((A))-10513, and 75-((A))-105A and further described by Deed Book 634 Page 499, Deed Book 922 Page 875, Instrument Number 050015374, Instrument Number 050023431. Instrument Number 050008205 and Instrument Number 050008207. 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement X X 6 S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo. Inc.. Beverlev B. Shoemaker JEM VII, LLC, James E. Martin Treybul Company, LC, John C. Lewis H.N. Funkhouser, Co., Robert W. Clay Ervin Properties, LLC, David A. Ervin 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Commercial & Office Commercial & Office PARCEL ID NUMBER USE ZONING 75-A-102 Residential RA District 75-A-103 Residential RA District 75-A-117 Residential RP District 75D-4-4-109 Residential RP District 75D-4-4-110 Residential RP District 75D-4-4-111 Residential RP District 75D-4-4-137A Open Space RP District 75L-3-1-lA Residential RP District 75L-3-1-8A Residential RP District 75L-3-1-8B Residential RP District 75L-3-1-8C Residential RP District 75L-3-1-9A Residential RP District 75L-3-1-9B Residential RP District 75L-3-2-6C Residential RP District 75L-3-3-77A Open Space RP District 75M-4-3-141A Open Space RP District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The parcels comprising the Tasker Road and Warrior Road Commercial project are located in the northwest, southwest and southeast quadrants of this inetrsection (Route 642 and Route 1141). • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Tax Map Parcels 75-((A))-104, 75-((A))-104E, 75-((A))-105D, 75-((A))-105C, 75-((A))- 105B, and 75-((A))-105A Service Districts Magisterial: Shawnee & Opequon High School: Fire Service: Stephens City Middle School: Rescue Service: Stephens City Elementary School: Sherando Aylor Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 31.83± B2 District B2 District 31.83± Total Acreage to be rezoned Note: Proffer Statement Modification Only — No Revisions To Existing Zoning District 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A 0 • 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): La-, Date: II (O vim, Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.Frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jasbo, Inc. (Phone) (540) 869-1800 (Address) PO Box 480, Stephens City, VA 22655 - the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book No. 634 on Page 499, Deed Book No. 922 on Page 875, and is described as Parcel: 75 Lot: 104 Block: A Section: Subdivision: Parcel: 75 Lot: 104E Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this _IA- day of 0(1, 200 6 Signature(s) tate of irgini , Cit Count 005LIVOGIo-wit: I, T ►)nna L •Mefiso, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ack wledged the same before me in the jurisdiction aforesaid this IeAt day of i�Gf , 200 (A 'nit.t,9. l �C 64,7-) My Commission Expires: Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) JEM VII, LLC (Phone) (704) 867-4628 (Address) PO Box 3538, Gastonia, NC 28054 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050015374 on Page , and is described as Parcel: 75 Lot: 105D Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this ZL day of 0 200 t . Signature(s) r—�� \` \��� State of Virginia; City/County ofG ajDNTo-wit: I, C�LOA. MOP , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid thisobtl) day of Ems_, 200Ln 4�rb ��^�\� My Commission Expires: Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) H.N. FLrnkhouser & Co., Inc. (Phone) (540) 662-9000 (Address) PO Box 2038. Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050023431 on Page , and is described as Parcel: 75 Lot: 105C Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have Signature(s) set my (our) hand and seal this _7 day of 200� f Virginia, City/County of , To -wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who si ed to the fo & going instrument and who I (are) known to me, personally appeared before me and has act --,wledged the sa fore mein the jurisdiction aforesaid this —q day of� , 200� tCb) My Commission Expires: An,I w7 No try Public 011 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) TREYBULCOMPANY, LC (Phone) (540) 662-5792 (Address) 116 South Stewart Street, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050008205 on Page and is described as Parcel: 75 Lot: 105B Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: �,� k1(3 This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I fwv) haveZj 96p set my (our) hand and seal this � day ofU` G'` 2006�� Signature(s) of Virginia, City/County of , To -wit: I, *M LiL { t�i�5, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has I wled e the same before me in the jurisdiction aforesaid this 1 5? day of Oc-+, 200 (o My Commission Expires: ` 0 N t ry Public 0— Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.colrederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Ervin Properties, LLC (Phone) (540) 722-9799 (Address) 1830 Plaza Drive, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050008207 on Page , and is described as Parcel: 75 Lot: 105A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) Signature(s) seal this ?40 day of ac/ , 2000C, State of Virginia, City/County of , To -wit: I, - ck^ L a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to ,the foregoing instrument and who I (are) known to me, personally appeared before e and has acknowledged the same before me in the jurisdiction aforesaid this 3b`day ofL&o.,, 200 . (______D� i� ,� My Commission Expires: b Notar ublir� TASKER ROAD & WARRIOR ROAD COMMERCIAL PROPERTIES REZONING APPLICATION Frederick County, Virginia o #.R t'jy` ram' � `�r �a. • 7 "�,. 3i sy +wy� ��� A \ to A. t wigs r F. ,i °""'.a � � 1 ^E, y�lY4 ♦ K A4��7 ~,� .{. 'f?°� �`� � '! r �� �.. 1� tie + i ♦ "/>• 1 Tax Parcels #75-((A))-105A; 75-((A))-105B; 75-((A))-105C; and 75-((A))-105D December 8, 2006 Current Owner: JEM VII, LLC; TREYBUL COMPANY; H.N. FUNKHOUSER, COMPANY; ERVIN PROPERTIES, LLC Contact Person: Evan Wyatt, AICP ,L 151 Windy Hill Lane Founded in 1971 WlrlchesLer-, Virginia 22602 Telephorie 540-662-4185 Engineers FAX 540-722-9528 Surveyors www.gr•eenwayeng.c:om elea 90OZ 'Iuawuedaa SIC LA'Hunoo mouapaj_A:aoanog ejeQ deyy N n D r m c 0 0 CD o O D m m y M31�s 3n0 No 0 Cn ZS rn -n O m c�z m z r— m m 90 O m cr C) � D Oy �m> asp a � 0 C) O da O � z z D oa a m (-) m D m 066 ao �Om z m ,� o o C y o 4' a � O z D N 7) o � O m �/ rn - < m z n �_ D E � slaoied JOE) S od z r D - -- d lczm,) m FD n s6/ m D o � r 0 o Q° v v a O CL cQ n O a, 3 3 CD n 9 A113 SN3Hd31S o< oo \ �a a tl3"sU IL AL HO NIV1Nnoiv klVO33 �IIII� 000' l 009 0 09Z 009 a� as O� oa a 0&0 � dSHbn8�Ob9 � �� ,%b - — Lea y 3 JNOIA36--- Oa HOl/l1H0 bINO0,3-V n ,,, D' -y �0 p � i 0 2a ay 0 0.aa a �µr a / �O�Mti39 tY� r` �J N1 �OIM1s3Nd �;-ti'� S�pN z 04, den buiu0z pue uopoo-i 0 o s _ o- x Aba38Abe c `vim nN0 b�N0030 bW A JU (}314si4 aouewaoPad IEIIUGplsaa) dU �a (joia}siQ seaay leanH) VU (}oialsi4 jeaaua!D `ssauisne) Z8 6uiuoZ saiaepuno8 Iaoaed slaoaed loaf gnS 1 y puT is �.aNw�ti bio �io��ns ao / g ay 7� • m eled 9ooz 'luawveda4 sIE eA v�unoo �ouapaj j aoinos elep deo CQ 0 0 0 � D m IT O m 0 c C)_,0 m sp cn N IT = c D g o z 0 m o c � Z D m m m O a) D G) Z_ r z D p IT 0 (� CO { 7J m n j N x CD a O o CD 1Z o O 3 c� M. D m �i D goIM D D rr � 7J 0 0 m M li < p m �c) O m n D �.qm �4a HO OWL 009 0 OsZ 009 Jaa- �y1: a0/ \yay5 t Y?° 6O - • fir' a° im 5 dime slltlew ow CO as A, Vj/ SNbn��JbB CC O� �9•� l / O0aoiv Vp 8a NIp'1Nno W 8V030 -- -- _ ow M-63 � ONO;' sauepuno8 19aaed Y sla0aed >�afgns 1 ,' puT d o 4F y 04 i , w rAw S. Ill 00 IT y0 N ��j�,� � -� `, a4 /� yam* l►� . � �.,t POW,N/e 1730 L� 3 �1It18At�e o INmA4Z._.. - ►'����{ VA r mAlp U ,yr O ya3lfOWtlltll- _, �,+� ,�,•� -:_'� t "�Q� �,,�? cly 05 .k. 6p f �l' S , M fq ele0 900Z 'luawueda4 SIC eA 'Alunoo �auapaj= :aajnoS ejea d! D O D m M. rn m O D o c ETm O m � � � Z M IT PO so 0 c 0 co m m D m QO a one Jo 71 (D m Z m D r D �7 r �Om O o c < O o Z D m :1) U'i < m �o o 7 G) G) Z D r z D 0 m o Cf) 10 0 < D m rn fir! 0,6 sauepunog Iaoaed r �601 SIaaaed 10afgnS I 1 puT �►` xv ' y 2aR r am`*'�i Id. � - A da ��►cn , :ice fD v b s �• . �a 3HS b `v • J'• Q.a°'0� la ��iH sd _ .,,a ♦ �; �s �A+ w�ntis �0� . / All as NwlNnow ava3a -� "1d��3NW0 IP Q. as a3 �•' -9 ►-- .?'. _'".._1 -`it'-••ram.:.' ;' s' jn I ,,' ram- "ate �� } 10 ONO'► !,. ba38dtr8 —W e0.0 - v' �• IN0030yYy-X� •e p� ,;Z 3eD' !' r �'1 rj br i r map v X= r4/7 sus O\Da F WN N . ,. �° � i � • �..,'-. 'ice==xp., _.. ! Awl ;� • 1v x� _ ' ^%Nb�� °Y .A! i�t":.n.. tea- ... !. i•. s i -�' o�y ' rh. - �`�,°���/i/ _ � � ,d� trio � �rn/./� ••;-' 1_y � ��l s Zb,rvo(7 ro Ha 3tlOW �I CL Sao IL r � � L•� � � � ,� 1'b,,, �" +��' _ 1. 13 _• ,,:,,,,,,.r . d°������p,"2� ni • # : ° 7 01 ��Nbj # s=tip ^ ! °,jl. M /y .y s ° �' '�` Y. ,.`� Mainaanp Jeiaad `C:• yJrr a � , _. . µ a 000,1 009 0 05z 009 % � � V r ► w .��-I b0 Ob0 s „� � � _ i a r "W.I1 :gym ■ ejea 900Z 'luawuedaa Sig eA 'l4unoo mouapaj:j :eojnoS ejea deyy C o O C� D -0 m m y M31na3�0 m No O Z 0 O m LLZ �m90 Om y� �' m = D u 90 a4* °�z zD °a a� M 4 0 m z qC� Z 0 SbN41 00 o � O < z mG K 0 sIaoaed joafgns pd GD ? r- m D 0 m d�� D r o r' mRn- Ls N o� (DD �O 0 0 Q ��d l011114 St1314SIA O QO a° CL u— N O W� —Oki 3 1� 3CD ,� 3 n �Oki HOanHO VIN I —n r. a)0a 3VYy��t < Z non /% o C J O� chi' z dm � W1�Il. :,: 9 tN�JS \ NIHJIW�15tid ;tip �O,Y z$ �O A110 SN3Hd31S NO NIV1NnOW SNOT A 1J 000` l 009 0 05Z 009 a� as a°. a° b0 O oy SNbn��od9 yo Oki bl (1314Sia aauewJOPad PIUOPSaa) dH (joialsi4 seaaV jej%) dH (}oiajsia leaaua!D `ssauisne) Z8 1 a°\ 6uluoZ saiiepuno8 Poaed T s183aed joa(gnS I \b� puaB —8--1 �YO: , No`k 10 a si kilo .�,O da(1 i a x Aali38.1Ve c i lOaOVry a`T a r �#J dew buiuoz pue u0poo-1 d O >4 f c° � �y o \ \� °�2 b•O�bON a \47 1 a ejep gooz'luawvedaa sig eA'Alunoo �ouapajj :aanoS ejep den v, m C c n CD0 o D m 0 rn Goy m m m n O m cC O Z 90 D m m D � m m 1� '• 0 CD m C� Z m y D v O m O m o z D < m 0 7J a o :< < � m m 0 � D � zDo IT m �. m m D ran !!I CD m go /< OCD \ m F D- o O 3 CD v' aZ 3 ix m • rt m _ Z bkF� a 0 C. m Z 0 re m z lvaa 000`l 009 0 05Z 009 }aa� to 1 bQ Ob r o-'obg ' • � -� � i -? ._ Boa / ! „ W-1 o0a� is ♦`loci TC6%. t § to I-.IH Stl3NS�1�r�'�y � �• • \ Oki a3)1sb1 — a►, g �� HO N�V1Nnow H U vO3o Ul r a - - - � r ..;if f s�a�aed i0a1gnS 1 m #- puaua-i rev, 0 '4)r Carl Ar 01 G' r a �°`' # � �� �Vr:�, • �, � ��i .� / �. ,may � � � ,�. ; �- �..' � .� � '�i ' 9 •A�° ,�I ,a��� 's.' ��� �.� C`�. _ �' *:� � Vie MAL. Ai — IRA sip 8db o3�Sb� 1J'�ad38 � Ro' t WIN--.— I � �_ ' t1►- aoj .��'., f- V. Imm IV .. 7.! "� r L- I - c - j Are A, bQj''WA FA IV • - - r ,_ '...,,,! %ao ,r� a a.r -t . � � r `� O `� - =, � ��/ - ♦_ _ \ E 8pb���2woy ��� Lm ��yrrri bd � ObH b H M.>y 'jNit ONQ3� •+"�`r , f i w_ �_ HO 3HOWv"1v1- � '"" • _„�'� ° � � ¢ fry' ��\� "�' "�?'� i M�� C: i 71' r ,. -`h` "1 ��' � �..,� ��f� Jib a^ •! �' �.rrrrr►r•` •� -�� _ � `� ''';,fir ', � �$ _ a � �„�'� ;� - � ... s' N NwJS�ij�1 - �� +!t _, Arm► 1,rs,-ot . 1�Hb��� 7 S3Hd z y b �- _ n i btia• n .>!r n,iLt 1►>r. , •' Nl NHS I 1 O � •. r '4 oN A ' �104t,7T.* AA ME)IAJanp Jeiaay 17 11 zo TASKER ROAD & WARRIOR ROAD COMMERCIAL PROPERTIES REZONING APPLICATION Frederick County, Virginia �< r�-�•'"!YI "iAi �'��• r y rT �'��, °//°yy"..,, � i�e f1 1 Jk! '.'t � �y1y�� yew }��� f K V ffl. W-6A a 1 red ' @ X *b' I. KN4—, �IM,`:."`,s % 6" Tax Parcels #75-((A))-104; 75-((A))-104E; 75-((A))-105A; 75-((A))-105B; 75-((A))-105C; and 75-((A))-105D November 6, 2006 Current Owner: JASBO, INC.; JEM VII, LLC; TREYBUL COMPANY; H.N. FUNKHOUSER, COMPANY; ERVIN PROPERTIES, LLC Contact Person: Evan Wyatt, AICP " !`_ mmv min@m'n- ,Eon ` 151 Windy Hill Lane Founded in 1971 WinchesLer, Virginia 22602 Telephone 540-662-4185 Engineers FAX 540-722-9528 Surveyors www.greenwayeng.corn AMENDMENT Action: PLANNING COMMISSION: December 6, 2006 - Recommended Approval BOARD OF SUPERVISORS: January 10, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 16-06 OF TASKER ROAD AND WARRIOR DRIVE COMMERCIAL PROFFER REVISION WHEREAS, Rezoning #16-06 of Tasker Road and Warrior Drive Commercial Proffer Revision, submitted by Greenway Engineering, to revise proffers concerning the rezoning of 10.73 acres to B2 (General Business) District. The proffer revision addresses the hours of operation on the property. The properties are located in the southeast quadrant of the intersection of Tasker Road (Route 642) and Warrior Drive (Route 1141), in the Opequon Magisterial District, and are identified by Property Identification Numbers (PINS) 75-A-105A, 75-A-10513, 75-A-105C, and 75-A-105D WHEREAS, the Planning Commission held a public hearing on this rezoning on December 6, 2006, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 10, 2007; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the proffers concerning the rezoning of 10.73 acres to B2 (General Business) District. The proffer revision addresses the hours of operation on the property, as described by the application and attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 403-07 i i This ordinance shall be in effect on the date of adoption. Passed this 1 Oth day of January, 2007 by the following recorded vote: Richard C. Shickle, Chaiiinan Ave Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST f / John(R"rley, Jr Frederick County Administrator PDRes. 403-07 Tasker Road and Warrior Road Com icial Rezoning October 17, 2006 Revised December 8, 2006 TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROFFER STATEMENT REZONING: RZ# 16-06 B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: 10.73 acres +/-; Tax Parcels #75-((A))-105A; 75-((A))-105B; 75-((A))-105C; and 75- ((A))-105D (here -in after the "Property") RECORD OWNER: JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC APPLICANT: JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC (here -in after the "Applicants") PROJECT NAME: Tasker Road and Warrior Road Commercial ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: October 17, 2006; Revised December 8, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16-06 for the rezoning of 10.73± acres from the B-2, Business General District with Proffers to establish 10.73± acres of B-2, Business General District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by JEM VII, LLC, H.N. Funkhouser & Co., Treybul Company, LC, and Ervin Properties, LLC being all of Tax Map Parcels 75-((A))-105A, 75-((A))-105B, 75-((A))-105C, and 75-((A))-105D and further described by Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008207, and Instrument Number 050008205. File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Comm*al Rezoning • October 17, 2006 Revised December 8, 2006 PROFFER STATEMENT Transportation Improvements to Offset Impact of Development The Applicants hereby proffer that a traffic impact study will be conducted using VDOT procedures for each site at development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the Applicants as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The Applicants hereby proffer to restrict the use of the Property by not allowing the following uses: Automotive Dealers Gasoline service stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges and miniature golf courses Batting Cages Membership Organizations Civic, Social, and Fraternal organizations Funeral homes and crematoriums Drive-in theaters Restricted Hours of Operation The Applicants hereby proffer to restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commal Rezoning • October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. . Respectfully Submitted: Jasbo, Inc. By: Bee ley B. Shoemaker, resident Date Commonwealth of Virginia, City/ ounty f To Wit: The foregoing instrument was acknowledged before me this I ���Ilay of (xf oloe-r 20N,by PIesi-cjew)� Notary Public My Commission Expires rekvcy-12{ 2ql 2-OC8 File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Comm'L'Ircial Rezoning • October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: JEM VII, LLC By: James E. Martin, Manager Date ;34a-b IS C ommonwealth of -Virginia, City/County of O�AqD n To Wit: The foregoing instrument was acknowledged before me thQ0 I) day of n 20 0 (oby (:(�Jmjzj�j1 �G �) LOD rao -- - J Notary Public My Commission Expires qi ' �O • O�� File #4806/EAW Greenway Engineering Tasker Road and Warrior Road CommZR'6ial Rezoning • October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: H.N. Funkhouser, Co. By: v f/ Robert W C ytor, President Date Commonwealth of Virginia, CityfCOmTry of 1Nr To Wit: The foregoing instrument was acknowledged before me this day of IN ("- ) (� r 4nao Notar Public My Commission ExpiresAD4 File #48061EAW Greenway Engineering Tasker Road and Warrior Road ComiflPial Rezoning ` October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Treybul Company, LC Date Commonwealth of Virginia, City/County of V� 1 1'��('��� ��►' To Wit: The foregoing instrument was acknowledged before me this I �' day of U` CJ 200- by L, lA U N ry ublic My Commission Expires File #4806/EAW Greenway Engineering Tasker Road and Warrior Road ComniL'[cial Rezoning 0 October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Ervin Properties, LLC By: A1"Je' David A. Ervin, Pint / Date Commonwealth of Virginia, City/eounty of (moo ,� C.�`�x�C To Wit: The foregoing instrument was acknowledged before me Lday of C,e,( ` 0LLOby 1 _ 2p,a-� loot y Public 1VIy Commission Expires l File #4806/EAW Greenway Engineering Tasker Road and Warrior Road ConTercial Rezoning • October 17, 2006 Revised December 8, 2006 TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROFFER STATEMENT REZONING: RZ# 16-06 B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: 10.73 acres +/-; Tax Parcels #75-((A))-105A; 75-((A))-105B; 75-((A))-105C; and 75- ((A))-105D (here -in after the "Property") RECORD OWNER: JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC APPLICANT: JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC (here -in after the "Applicants") PROJECT NAME: Tasker Road and Warrior Road Commercial ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: October 17, 2006; Revised December 8, 2006 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #16-06 for the rezoning of 10.73± acres from the B-2, Business General District with Proffers to establish 10.73± acres of B-2, Business General District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by JEM VII, LLC, H.N. Funkhouser & Co., Treybul Company, LC, and Ervin Properties, LLC being all of Tax Map Parcels 75-((A))-105A, 75-((A))-105B, 75-((A))-105C, and 75-((A))-105D and further described by Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008207, and Instrument Number 050008205. File #4806/EAW Greenway Engineering Tasker Road and Warrior Road C.4.0c cial Rezoning October 17, 2006 Revised December 8, 2006 PROFFER STATEMENT Transportation Improvements to Offset Impact of Development The Applicants hereby proffer that a traffic impact study will be conducted using VDOT procedures for each site at development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the Applicants as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The Applicants hereby proffer to restrict the use of the Property by not allowing the following uses: Automotive Dealers Gasoline service stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges and miniature golf courses Batting Cages Membership Organizations Civic, Social, and Fraternal organizations Funeral homes and crematoriums Drive-in theaters Restricted Hours of Operation The Applicants hereby proffer to restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning • October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Jasbo, Inc. By: In-1 9'- 0fa- Bee ley B. Shoemaker, President Date Commonwealth of Virginia, City/ �f FreAPu'1"(-,L To Wit: The foregoing instrument was acknowledged before me this 1U-%y of 2006 by &VU-1 e y (3. S hoes ke r, P ITS [a&)� 06� r , Notary Public My Commission Expires C=P Lq1 2zY6 File #4806/EAW Greenway Engiacering Tasker Road and Warrior Road Commercial Rezoning • October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: JEM VII, LLC i - - ('r, - By: _� — i (D - Z,G �- 0 bvC� 2 James E. Martin, Manager Date z4a_la KC o mm onwealth of -Virginia, City/County of (2�2�-ko rl To Wit: The foregoing instrument was acknowledged before me thi& day of �n 20 0 � by���4�� xrn h r.oR-` J �(ACMWJ-z Notary Public My Commission Expires File #4806/EAW Grccenway Engineering Tasker Road and Warrior Road Commercial Rezoning 0 October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: H.N. Funkhouser, Co. By: _ J o :�6 Robert W C ytor, President Date Commonwealth of Virginia, City/cz�=y of YVi,S� To Wit: The foregoing instrument was acknowledged before me this (� day of (6, 4m/,) Notar Public My Commission ExpiresAW � File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning • October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Treybul Company, LC Commonwealth of Virginia, City/County of Uy i ndh e3 To Wit: Date The foregoing instrument was acknowledged before me this I �- day of QC-f 200- by \John C. �Ctl)lS U 2L8 /� ) F'/� , } l I O Nb ry ublic My Commission Expires l l File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Ervin Properties, LLC By: d vXle- David A. Ervin, Pit Date Commonwealth of Virginia, City/C unty of (,c= i A cV1,"'Lr To Wit: The foregoing instrument was acknowledged before me this?,�day of ` 0L�Qby 12 of y Public My Commission Expires � D C.� File #4806/EAW Greenway Engineering Tasker Road and Warrior Road C.O.'ercial Rezoning 0 October 17, 2006 TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROFFER STATEMENT REZONING: RZ# % �, 06 B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: 31.83 acres +/-; Tax Parcels #75-((A))-104; 75-((A))-104E; 75-((A))-105A; 75-((A))- 10513; 75-((A))-105C; and 75-((A))-105D (here -in after the "Property") RECORD OWNER: Jasbo, Inc.; JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC APPLICANT: Jasbo, Inc.; JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC (here -in after the "Applicants") PROJECT NAME: Tasker Road and Warrior Road Commercial ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters April 8, 1998 October 17, 2006 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # &G 10� for the rezoning of 31.83± acres from the B-2, Business General District with Proffers to establish 31.83± acres of B-2, Business General District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Jasbo, Inc., JEM VII, LLC, H.N. Funkhouser & Co., Treybul Company, LC, and Ervin Properties, LLC being all of Tax Map Parcels 75-((A))-104, 75-((A))-104E, 75-((A))-105A, 75-((A))-105B, 75-((A))-105C, and 75- ((A))-105D and further described by Deed Book 634 Page 499, Deed Book 922 Page 875, Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008207, and Instrument Number 050008205. File#4806/EAW `N0T 00B0'R!E14 Greenway Engineering Tasker Road and Warrior Road Concial Rezoning October 17, 2006 PROFFER STATEMENT Transportation Improvements to Offset Impact of Development The Applicants hereby proffer that .a traffic impact study will be conducted using VDOT procedures for each site at development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the Applicants as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The Applicants hereby proffer to restrict the use of the Property by not allowing the following uses: Automotive Dealers Gasoline service stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges and miniature golf courses Batting Cages Membership Organizations Civic, Social, and Fraternal organizations Funeral homes and crematoriums Drive-in theaters Restricted Hours of Operation The Applicants hereby proffer to restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. File #4806/EAW Greenway Engineering WF 490 BMB:fmcI 5035-A 12/lb/8G Ell `low �� X .4 s e 41 'n M a „ s0c o �y os� u we soa ►0 a0+ AW #7801 JAMES L. BOWMAN ET. UX. TO :: :: DEED JASBO, INC. 61"631,r,h99 THIS DEED made and dated this 16th day of December, 1986, by an-, between JAMES L. BOWMAN and MARY JANE BOWMAN, his wife, By JAMES L. BOWMAN, her attorney in fact under Power of Attorney dated March 25, 1983 , hereinafter called the Grantors, and JAEBO, Inc., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH3 That for and in consideration of the sum of Ten ($10.00) Dollars, each in hand paid, and other good and valuable consideration, the receipt of whir.h is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, all those certain tracts or parcels of land, lying mostly in Frederick County, Virginia, and partially in Clarke ta, -described -as-foliv z- _.— PARCEL ONE: All those certain lots lying and being situate in Opequon Magisterial District, Frederick County, Virginia, being designated lots I through 137, inclusive, of Nottoway Subdivision, Section Two, as the same appears on the plat of said subdivision of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 632, at Page 510, and being a portion of the same land conveyed to James L. Bowman by deeds dated December 5, 1949 from Joseph A. Maalie, Jr., at al, Special Commissioners, of record in the aforesaid Clerk's Offir_ i_, Deed Book 213 at Page 73 and by deed dated Marc.. 8, 1972, from Robert K. Woltz,et ux, of record in the aforesaid Clerk's Office in Deed Book /387 at Page 497. /� PARCEL TWO: All that certain tract of land, located Northeast of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, containing 93 acres, more 1 and being a portion of the same or ass, land conveyed to James L. Bowman by deed dated March 21, 1968, from Edward Nicholson, at ux, of record in the aforesaid Clerk's Office i.-1 Deed Book Z40 at Page 205. PARCEL THREE: All that sOtt 11 or parcel o• land, lying anQ a on the North side of Senseny Road, Shawnee Magisterial District, Frederick County, Virginia, containing 7.312 acres, more or less, and being the same property conveyed to James L..Bowman by deed dated June 29, 1982, from Fredericktowne Company, of record in the aforesaid Clerk's Office in Deed Book 550 at Page 799. PARCEL FOUR: All that certain tract of land lying and being situate in Opequon Magisterial District, just west Of U- S- Highway No. 522, containing 139.9 acres, morn or less, and being a portion of the same land conveyed to James L. Bowman from David S. Whitacre, et al, Special Commis- sioners, by deed dated March 25, 1983, of record in the aforesaid Clerk's Office in Dead Book 557 at Page 712. PARCEL FIVE: All that certain tract or parcel of land lying and being situate in the Town of Stephens City, Opequon Magis- terial District, Frederick County, Virginia, -dceignate2F as Got No: 45' on the plan of -- the Town of Stephens City and more par- ticularly described as fronting on the East side of Main Street for a distance of 82.5 feet, more or less, and extending back in an easternly direction for a distance of 250 feet, more or less, with an even width, and having a width in the rear of 82.5 feet on Mulberry Street, and being the sane land conveyed to James L. Bowman by deed dated March 16, 1984, from the Commercial and Savings Bank, of record in the aforesaid Clerk's Office in Deed Book 572 at Page 881. PARCEL SIX: All those certain parcels of land lying and being sits,-ce in the Town of Stephens City, Opequon Kagisterial =:a•.r.ict, Frederick County, Virginia, and further described in the hereinafter mentioned deed as follows: • Parcel Bs That certain other parcel of land rovea by two-story storeroom building, and other buildings, located on a lot 48 feet x 125 feet, and located on the West side of Main Street, in Stephens City, Virginia, and being a part of the original Bucher property. Parcel is That certain other lot of land T&—are-d on the East side of Green Street, in Stephens City, Virginia, which lot fronts 70 feet on Green Street, and extends East for a depth of 90 feet, and being also a part of the original Robertson property .•I and being a portion of the same property con- veyed to Jansp L. Bowman by deed dated May 11, 1961, from Joan E. Lemley, divorced, et al, of record in the aforesaid Clerk's Office in Deed Book 536 at Page 371. M-C W, e 501 I ter. er66ahrG501 PARCEL SEVEN: A�1 �f that parcel of land It.cated on the North side of State High- way No. 277, about one-half (1/2) mile East of Stephens City, in Opequon Magia- terial District, Frederick County, Vir- ginia, containing 1.553 acres, more or less; and being the same property conveyed to James L. Bowman by deed dated May 13, 1977, from Simone J. Gatos, et vir, of record in the aforesaid Clerk's Office in Deed Book 473 at Page 575. PARCEL EIGHT: An undivided one-half interest in that certain tract of land on the South side of Virginia Secondary Highway No. 277, approximately four (4) miles East of Stephens City, in Opcquon Magisterial District, Frcdariek County, Virginia, containing 143 acres, more or less, bounded by Apperson on the Nest, Rust on the South, Sandy on the East and the lots known as the 'Clark Survey' on the North, now owned by Erma Beryl Walker, Bertie Clark, Gladys Corrwell and Ruby Madigan, and being the same property a one-half interest in which was conveyed to James L. Bowman by deed dated October 30, 1973, from William A. Johnston, et al, Trusisea, of record in the-aforesa-13 -- Clerk's Office in Deed Book 421 at Page 606. PARCEL NINE: All of that certain lot or parcel of land, lying and being situate in the Town of Stephens City, Virginia, on the Northwest corner of Main Street and Martin Street, and more particularly described by plat and survey of J. R. Nicely, C.L.S., dated March 9, 19721 and being the same land convoyed to James L. Bowman by deed dated December 19, 1994, of record in the aforesaid Clerk's Office in Deed Book 587 at Paq: 19. PARCEL T1,N: All those two certain lots of land in Baca. C:-P►: Magisterial District, more particularly designated as Lot G, Block H, Soction 5, and Lot 8, Block H, Section 5, Wilde Acres Subdivision, as the same in duly dedicated and recorded among the land records of Frederick County, Virginia, in Deed Book 250 at Page 127, and the Plat of which is recorded at Page 10, in Wilde Acres Plat Book No. lr and being the Buse property con- veyed to James L. Bowman by deed dated May 1, 1982, from Ruby T. Smith, widow, of record in the aforesaid Clerk's Office in Deed Book 547 at Page 265. -3- BK634PG502 PARCEL ELEVENi An undivided one-half interest in that certain tract of lard lying and being situate mostly in Opequon Magisterial District, Frederick County, Virginia, and partially in Greenway Magisterial District, Clarke County, Virginia, fronting on the West side of Route 522 South of Double Toll Gate and Borth of Ninevah, kn^wn as "k'heatland", bounded on the North by the Will Chamblin Estate property, Raymond Sandy, Dcnald Patton and Milton Apperson, on the West by Clarence Campbell and others and on the South by Norman Tolkan and others, and containing 817 --res, more or less, and being a portion of the same property a one-half undivided interest in which was conveyed to James L. Bowman by deeds dated September 3, 1971 from Frances C. Jett, widow, at al, of record in the aforesaid Clerk's Office in Deed Book 382 at Page 231 and by deed dated November 30, 1971 from Helen C. Rust, et vir, of record in the aforesaid Clerk's Office in Deed Book 385 at Page 302. PARCEL TWELVE: All that certain lot of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 10,704 square feet, designated Parcel B on plat drawn by H. Bruce Edens dated November 19, 1986, of record in the aforesaid Clerk's Office in Deed Book 633 at Page 110; and being toe remaining portion of land conveyed t•r James L. Bowman by deed dated November 1, from Robert F. Braithwaite, ct ux, of recorO in the aforesaid Clerk's Office in Deed Boo.. :53 at Page 717. PARCEL THIRTEEN: A one-half undivided interest in all those certain tracts or parcels of land, lying and being situate in the Town of Stephens City, Opequon and Back Creek Magisterial OijRtricts, Frederick County, Virginia, together with the rights, rights of way and appurtenances thereunto belonging containing 252.413 acres in the aggregate and being the remainder of the tracts of land conveyed to James L. Bowman and Shen -Valley Lime Corporation by deed dated September 30, 1983, from The Flintkote Company, a Delaware Corporation, of record in the aforesaid Clerk's Office in Deed Book 566 at Page 517. -4- i i �ii BK922PG0815 I THIS DEED OF SUBDIVISION, made and dated this � day of Dvember, 1998, by and between JASSO. INC., a Virginia orporation, hereinafter referred to as "JASBO". WHEREAS, Jasbo is the owner of certain property lying and eing situate in Opequon Magisterial District, Frederick County, irginia, having acquired the same by deed dated December 16, 986, and recorded in the Office of the Clerk of the Circuit !ourt of Frederick County, Virginia, in Deed Book 634 at Page 99; and WHEREAS, Jasbo desires to subdivide said property and has Secured the approval of Frederick County, Virginia, to do so. NOW, THEREFORE, THIS DEED OF SUBDIVISION WITNESSETH: That Eor and in consideration of the premises and the benefits which mill accrue by reason of this subdivision, Jasbo does hereby subdivide, from a larger tract of land acquired as aforesaid, that certain parcel of land as more particularly shown on that ertain plat entitled "Plat Showing 17.5836 Acres standing in he name of Jasbo, Inc.", made by P. Duane Brown, L.S., dated ovember 11, 1996, attached hereto and made a part hereof. This Subdivision as shown on the aforesaid attached plat is With the free consent and in accordance with the desires of the ts.iyaacu. WITNESS the following signature and seal: JA BO, INC. a Virginia Corporation By ( SEAL) J me L. Bowman, President HNUU50H a JOHH6TW AT MRW" AT LAW • 'Ejjjj....OF VIRGINIA, AT LARGE, 4- OF To -wit: The foregoing instrument was acknowledged before me this j,L) day of November, 1998, by James L. Bowman, President of Do, Inc., a Virginia Corporation, on behalf of said Doration. .y commission expires f — r o �aryPblic WMSON t JOiYiBTON I I - 2 - ATIOPNEriAT/Aw MAMp1EtTFR. VNWMIA E 0I(9 22.'G 0 8 I I FINAL PLAT: 17.6836 ACRES standing in the name of JASBO, INC. Opequon Magisterial District Frederick Count , Virginia, 1t� RL 642 bk Rued RL 642 SITE a APPRO BY Frederick County Zoning Administrator Date f��23• %8 OWNER'S CERTIFICATE The abo and foregoing subdivision of land, as appears in the accompanying plat, is with a free consent and in accordance with the desires of the undersigned o ers, pr rs and trustees, if any. Date NOTARY PUBLIC 1 Jenifer D. Williams a Notary Public in and for the State of Virginia, at large, do certify that Ja—S L. BD%Tmn _as Presidcut of 7asbo Ina - whose name is signed to the foregoing Owner's Certificate, has acknowledged the some before me in my state. Given under my hand this pith day of Nov�aber 1998. My commission expires SURVEYOR'S dgkTIFIATE I hereby certify that the land contained herein is a portion of the land conveyed to JASSO. INC. from James L Bowman and Mary Jane Bowman by deed dated December 16, 1986, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, ftinia in Deed Book 04 at page 499. P. Duane Brown, L.S. O(A The proper!y represented herein is a PPortion of the property shown on Frederick County Tax Mop 75((A)) as Parcel104.BRODATE NOVEMBER 11, 1998 COVER SHEET FlLE�i WAR\82ZONE DWG g1bert w, dMord & asoelatN. ina SHEET Q1p�S _ LAND PLANNERS — SURVEYORSsac awe o titw 7D0a�n.. vey'e.�, OF t� ave,.s, tv%yr+. col 2 75- /k - lvsp� A);SGON 6 JOHNSTON,PL( ATTORNEYS AT LAW WINCMEMR, OROINIA 050008207 w THIS DEED, made this 191 day of April, 2005, between JEM X, LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor; and ERVIN PROPERTIES, LLC, a Virginia limited liability company, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property; All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.20 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and beginning at a point in the said east line of Warrior Drive, a corner with Jasbo, Inc.; thence running with the said east line of Warrior Drive N. 46 deg. 45' 01" E, 509.61 feet to a point; thence leaving the east line of Warrior Drive and running with a new division line through the land of Bowman and Glaize, L.C. S 43 deg. 14' 59" E, 277.50 feet to a point in the line of The Ryland Group, Inc.; thence running with the said line of The Ryland Group, Inc. and the line of said Jasbo, Inc. S 46 deg. 45' 01" W, 509.61 feet to a point; thence with the line of Jasbo, Inc., N 43 deg. 14' 59" W, 277.50 feet to the beginning, and containing 141,415 square feet or 3.246 acres. And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.C., a Virginia limited liability company, dated April 14, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No.---- =0 `i This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 2.00 acres, more or less, situated immediately adjacent to the property on the northeast, and being that property conveyed by the Grantor herein to Treybul, LLC, a Virginia limited liability company, by deed dated April 19, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as 1ARRISON & JOHNSTON,PLC ATTORNEYS AT LAW YANCHESTEROARGINIA Instrument No. 19s",Yi4 V (hereinafter referred to as the "Treybul Property"), such easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia. The Grantee shall be responsible for the maintenance of this easement so as to maintain continuous and free access of pedestrians and vehicles, as limited herein, to Warrior Drive and the Treybul Property in perpetuity, and for the benefit of the Treybul Property and that property consisting of that certain tract or parcel of land containing 5.487 acres, more or less, situated immediately adjacent to the Treybul Property on the northeast, and being a portion of that property conveyed by Bowman and Glaize, L.C., a Virginia limited liability company, to the Grantor herein by deed dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. G 5 —J;A0y . This easement shall run with the land. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store"). Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar. A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. ARRISON & JOHNSTONA ATTORNEYS AT LAW wNCHESTER. VIRGINIA WPTNESS the following signature and seal: JEM X, LLC., A NORTH CAROLINA LIMITED LIABILITY COMPANY By: ---1 L Vj\j1 (SEAL) STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was arknowledgePefore me this— k day of 2005 by . _h= as Mana er/Member of JEM X, LLC, A North Carolina Limited Liability Company, on behalf of said Company. My commission expires V1RUTNIA: FREDERICK'COUNTY, SCT, This instrument of writing was produced to me on — DS at 1,46�A I and with certificate of ackpowledgement theret annexed was saadmitted to record. T imposed by Sec. 58,1-802 of S-L—�L._ , and 58.1-801 have been paid, if assessable Clerk a 1. IARRk" & JOHN$TORPU ATTORNEYS AT LAW VANCNESTER. VIRGINIA 0 Q50008205 THIS DEED, made this 19td day of April, 2005, between JEM X. LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor; and TREYBULCOMPANY, LC, a Virginia limited liability company, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property: All of that certain tract or parcel of land,together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.13 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and beginning at a point in the east line of Warrior Drive, a comer with a 3.2464 acre tract; thence running with the said east line of Warrior Drive N 46' 45' 01" E, 297.55 feet to a point; thence along the arc of a curve to the right 20.39 feet, said curve having a radius of 702.50 feet, a delta angle of 01' 39' 46", a chord bearing of N 47' 34' 54" E, and a chord distance of 320.39 feet to a point; thence leaving the said east line of Warrior Drive and running with a new division line through the land of Bowman and Glaize, L.C. S 41' 35' 13" E, 279.65 feet to a point in the line of The Ryland Group, Inc.; thence running with the said line of The Ryland Group, Inc. S 57' 29' 55" W, 12.48 feet; thence continuing with the said line of The Ryland Group, Inc. S 46' 45' 01" W, 297.55 feet to a point, a comer with the said 3.2464 acre tract; thence running with the said line of the 3.2464 acre tract N 43' 14' 59" W, 277.50 feet to the beginning and containing 87,121 square feet or 2.0000 acres. And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.C., a Virginia limited liability company, dated April 14, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. 925 - I/_. This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 3.246 acres, more or less, situated immediately adjacent to the property on the southwest, and being that property conveyed by the Grantor herein to Ervin Properties, LLC, a Virginia limited liability company, by deed dated April 19, -�5-A-lo b ARMSON a JOFNSTONYL� ATTORNEYS AT LAW WINOIIESTER. VIROINIA O M05 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No.An.!j�H (hereinafter referred to as the "Ervin Property"), and accessing the property from that certain tract or parcel of land containing 5.487 acres, more or less, situated immediately adjacent to the property on the northeast, and being a portion of that property conveyed by Bowman and Glaize, L.C., a Virginia limited liability company, to the Grantor herein by deed dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No.QC'Y%9 (hereinafter referred to as the (JEM X Propert)'s, such easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia. The Grantee shall be responsible for the maintenance of this easement so as to maintain continuous and free access of pedestrians and vehicles, as limited herein, to Warrior Drive, the Ervin Property and the JEM X Property in perpetuity and for the benefit of the Ervin Property and the JEM X Property. This easement shall run with the land. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store"). Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar. A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. O N CD WITNESS the following signature and seal: JEM X, LLC., A NORTH CAROLINA LIMITED LIABILITY COMPANY By: �— � —(SEAL) STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of J. J , 2005 by F (Y)h as Mans er/Member of JEM X, LLC, A North Carolina Limited Liability Company, on behalf of said Company. My commission expires No Public VIRGINIA: FREDERICK COUNTY, SCr. This instrument of writing was produced to me on and with certificate Of acknowledgement thereto annexed iARRLqoN 6.IOHNSTONPLc was admitted to record. T imposed by Sec. 58.1-gp2 of ATTORNEYS AT LAW Do WINCHESTER. VIROINIA '�� , and 58.1-801 have been, aid P 7f assessable r l 'lGrt /• �/`�Y/ Cleric 0 0-30023431 _r' THIS DEED, made this �= day of2005, between JEM VII, LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor, and H. N. FUNKHOUSER & CO., INC, a Virginia Corporation, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with general �O � warranty of title, unto the Grantee, in fee simple, the following described property: 1 QAll of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.20 miles southwest of the intersection of Tasker Road, in Opequon Magisterial District, Frederick County, Virginia, Z�1-1 44, being designated as Lot 3, containing 3.1126 acres, as more fully set forth on I � CIo�? f that certain Recordation of Plat and Deed of Easement dated August 24, 2005 0 0 made by JEM VII, LLC, a North Carolina Limited Liability Company, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No 050019185 TAX MAP NUMBER 75-A-105A And being the same land which was conveyed to the Grantor herein by deed from JEM X, LLC, a North Carolina Limited Liability Company dated July 8, 2005 and recorded in the aforesaid Clerk's Office as Instrument No. 050015374. This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of tins deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store") Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed WITNESS the following signature and seal: JEM VII, LLC , a North Carolina Limited Liability Company By: a-..-c(SEAL) James E. Martin, Member /Manager ba CD r- W r- STATE OF NORTH CAROLINA OF l `I ClAT� , To -wit: The foregoing instrument was acknowledged before me thus �b day of QCJ,-ZJ�t� , 2005, by James E. Martin, as Manager/Member of JEM VIII, LLC, North Carolina Limited Liability Company, on behalf of said Company f' Mcommission expires < y �\ u (Any (SEAL) Notary Public VIR01MA. FRFiDF.RICK COUNTY, SCI' ,Ms i Wrutnectt of writing was produced to me on at and with certificate of acknowladgernent —thereto xed was admitted to record T imposed by SCc 58.1.802 of 4NP ,and 58.1-80I have bean paid, if t:xessable 4ew I Clau 6 f • +LO C I VRRLSON & JOHNSTON PLC ATTORNEYS AT LAW WINCHESTER VIRGINIA 050015274 THIS DEED, made this ba& day of 2005, between JEM X, LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor, and JEM VII, LLC, a North Carolina limited liability company, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with general warranty of title, unto the Grantee, in fee simple, the following described property All of those certain tracts or parcels of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0 20 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and designated as Lot 3 (containing 3 1126 acres TM 75-A-105A) and Lot 4 (containing 2 3666 acres TM 75-A-105A) on the Final Plat of Subdivision of the Land of JEM X, LLC, made by Elliott Ritchie, Jr , Land Surveyor And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.0 , a Virginia limited liability company, dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No 050008204 This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging 'RISON & JOHNSTON PLC A IFTORNEYS AT LAW NMCHESTER VIRGINIA AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 2 00 acres, more or less, situated immediately adjacent to the property on the northeast, and being that property conveyed by the Grantor herein to Treybul, LLC, a Virginia limited liability company, by deed dated April 19, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No �:.�CJ00 <YL0�5 such easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia as more fully set forth in the aforesaid deed AND FURTHER, this conveyance is made subject to the following restriction as to use of Lot 3, which shall run with the property, for a period of twenty-five (25) years from the date of this deed The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount "99 cents" store or "dollar" store which sells general merchandise (a "Dollar Store") Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed -2- o WITNESS the following signature and seal. JEM X, LLC , a North Carolina Limited Liability Company By __\ a, L (SEAL) James E Martin, Member / Manager STATE OF NORTH CAR LIMA, AT LARGE, CITY/COUNTY OF , To -wit The foregoing instrument was acknowledged before me this day of 2005, by James E Martin, as Manager/Member of JEM X LLC, 146rtb tarolma Limited L)ab)h y Compann behalf of said Company My commission expires I. �•ada (SEAL) Notary Public NOTARIAL SEAL a •=.n �!1 L G ° = VIRGINIA FREDERICK COUNTY. SCT. r�•, •0 :', This m•/s•/trumcnit/t writing wus prcxiuced to me on �k•, , u,{,. ar1;c� owlc,Igrn,enl thj.rL nnttnfT�j' rati admdtcJ I•, rccrn'd, T ,mpaAc� by :ia¢. �M I A); ot S _x�/�►P wit, 58.1.80, I)NVO bm)l plid, it;WwAitable 4e.t AA� ' Oak ,RRISON 8 JOHNSTON PLC ATTORNEYS AT LAW WINCHESTER VIRGINIA Real'stale PNblic Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : 1RE2006 Ticket #: 1 169990001 FRQ: 1 Sup#: 10 JASBO, INC Account ;24165 Name:E _ Naive 2: V[a �# ��--4 Address: 1 Description: 5.08 ACRES jPO BOX 480 STEPHENS CITY, VA — 22655 Bill Date: 106/05/2006 Due Date: 06/05/2006 Land: 1_---$921,300 Improve: Original Bill: i $2,418.42 Payments: Penalty Paid: Int Paid: wed: _ _ _ Amount Owed:[ -----" Other: Total Owed: j _ Penalty: Use: $2,418.42- Acres: ( 5.8 Discount: Last Date: 1� 05/18/2006 ---- Interest: `— Not( that it payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the 4vebsite again. 6/5!2006 Charge 0 $2,418.42 $2,418.42 5/1812006 Payment 11409 ($2,418.42) $0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search! Previous 0. 0 littps://w\aw.co.fredericic.va.uslapplications/I�-EPubliclnquiry/Vie\%,Detail.aspx 10/17/2006 Real Estate Public Inc1ulry, Ticket Detail 2006 REAL ESTATE TAXES I?epartment# : FRE2006 Ticket #: 170000001 FRQ:I1 Sup#: r0 Name: fJASBO NI C Account#:138499---- Name 2: yl a p#: 75 A 104E _ .... Address: Description: 116.025 ACRES 1PO BOX 480 STEPHENS CITY, VA — ____ r22655 Bill Date: 106/05/ 002 6 Due Date: 06/05/2006 Land:1 $961,200 Improve: Use: Original Bill:--- $2,523.15 Payments: $2,523.15- Acres: F` 16.2 Penalty Paid:; Int Paid: ( Discount: Amount Owed: Other-: I _ Last Date: 1 05/18/2006 Total Owed:----- -- _ - Penalty: — Interest: r .. - Note that il-payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the \•vebsite a,,ain. °r�_ }�.' ..<.,'t`�t C'YY�'•E; . ..ittttstii ._,.,'�..,< . 6/5/2006 Charge 0 $2,523.15 $2,523.15 5/13l2006 Payment 11409 ($2,523.15) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search I Previous l LJ 0 littps://ww\N�.co.fi-ederick.va.us/applications/RLPubliclnquiry/VieN,\,Detail.aspx 10/17/2006 Rem, Eslaie Public Jp7gZ i-y 1icket Detail 2006 REAL ESTATE "TAXES Department# : 1RE2006 Ticket #: 101180001 F 12Q: 11— Sup#: 10 --E-R--T--'I*-E--S, — ;_.._._...____---- Name: ERVIN PROPERTIES, LLC Account#: 142673 NIap#: �75 A 105A Name 2: Address: Description: {3.25 ACRES 1830 W PLAZA DR WINCHESTER, VA Bill Date: 06/05/2006 Land: 1 $707,900 Original Bill: $1,858.24 — Penalty Paid:! Amount Owed:_ Total Owed: F-- _____-- — 22601 Due Date: 06/05/2006 Improve: Use: { Payments: 1 $1,858.24- Acres: F-- 3.25 Int Paid: Discount: Other: j— Last Date: 06/07/2006 Penalty: j Interest: �— Note that it payment has been received within the last 10 business days, any returned items may not he pasted at this Lime. Please check the website again. 6/5/2006 Charge 0 $1,858.24 $1,858.24 6/7/2006 Payment 18667 ($1,858.24) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search y —Previous L� • littps:Il�N7%%w.co.frederick.va.its/applicationsIREPubliclnquiry/\Iicn7Detail.asl)x 10/17/2006 Real Este: le Public Inqui>>v Ticket Detail 2006 IZE_AL ESTATE TAXES Department# : 1RE2006 Ticket #: �365590001 l 12Q:�1 — Sulu#: �0 Name: ITREYBULCOMPANY, LC Account#: 143901 Name 2: __---------------- ------ ____— 1bI a p#: i175 A 105E ---_ -- - — _ ------ -------...__._. Address: j Description: `LOT 2 2.00 ACRES 1116 S STEWART ST 1WINCHESTER,VA 22601 Bill Date: 106/05/2006 Due Date: 06/05/2006 Land: Original Bill: Penalty Paid: Amount Owed: Total Owed: $435,600 Improve: $1,143.45 Payments: Int Paid: __--------- Other Penalty: Use: $1,143.45- Acres: I Discount: I Last Date: Interest: 2.0 05/10/2006 Note that ifpayment has been received within the last 10 business days.. any returned items may not be posted at this time. Please check the website agmin. 6/5/2006 Charge 0 $1,143.45 S 1,143.45 5/10/2006 Payment 73527 ($1,143.45) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search, Previous • 0 https://wN,,\\,.co.frederick.va.us/applications/P�Publlclnquir),/Vle\vDetall_aslDx 10/17/2006 heal Eslate Public h,76j it r Ticket Delall 2006 REAL ESTATE TAXES Department# : tRE2006 Ticket #: ( 136120001 Fl2Q:[ Sup#: (-0- _ _.._._..___ — — .---------- -- _..._.._.......— Name: [H N FUNKHOUSER & CO, INC Account#: 1143902 - �-----�----- - 75 A Name 2: { lmap#: 105C V_-- Address: Description: 1LOT 3 3.11 ACRES PO BOX 2038 WINCHESTER, VA Bill Date: 106105/2006 -_-_�------- (22604 Due Date: , 106/05/2006 Land: E $677,400 Improve: Original Bill: $1,778.18 Payments: i $1,778.18- Penalty Paid:F_ _ Int Paid: Amount Owed: — Other: Use: Acres: 3.11 Discount: Last Date: i---05/24/2006 Total Owed: Penalty: j~ Interest: N`ote that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the �,vebsiw a_,,ain. 6/5/2006 Charge 0 $1,778.18 $1,778.18 5/24/2006 Payment 12354 ($1,778.18) S0.00 1 Use the pc int key for your browser to print a copy of taxes paid for this year. New Search I Previous u 0 liftps://\\-ww.co.lrederick.va.tts/applications/R - PublicInquiry/Vie\vDetail.aspx 10/17/2006 Rem L-.` late Public 1176jilij y Ticket De' -ail 2006 REAL ESTATE TAXES Department# : RE2006 Ticket #: 170580001 FRQ:�[1 Sup#: EO 'JEM VII LLC —� Account#: j43903 Name:i Name 2: 1 Map#: r5 .... . A 105D �___.._..___._._._._..._..__-._.----.._.__..._.._._.__...._........_.__.._.—.__....__...-.---._. S Address: I Description: !LOT 4 2.37 ACRES _ ............_...___..._...........__._.._....._.....__— IPO BOX 3538 j 1GAST—ON IA, NC _ 28054 Bill Date: 106/05/2006 Due Date: `06/05/2006 Land: Original Bill: Penalty Paid: Amount Owed: Total Owed: $516,200 Improve: $1,355.03 Payments: Int Paid: ........... _ Other: Penalty: Use: $1,355.03- Acres: 2.37 Discount: Last Date: 05/09/2006 Interest: Note that it payment has been received within the last 10 business days, any reuirned items may not be posted at this time. Please check the \,vebsite again. 6/5/2006 Charge 0 $1,355.03 $1,355.03 5/9/2006 Payment 72383 ($1,355.03) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search i Previous Is https://������.co.frcdericl�.va.us/applications/P.CPublicln�{uiry/ViewDetaiLasp� 10/17/2006 0 0 I June 13, 2007 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 COU Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 RE: REZONING 916-06, TASKER ROAD AND WARRIOR ROAD COMMERCIAL PINS 75-A-105A, 75-A-105B, 75-A-105C and 75-A-1051) Dear Evan: I am enclosing a copy of the revised proffers concerning the above referenced rezoning which indicates updated owner signatures with accurate signature dates, notary certification and chronology. The updated proffers also do not contain the signature of Beverley B. Shoemaker as two parcels signed for by Ms. Shoemaker were eliminated from this revised rezoning. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Deputy Planning Director MTRJbad Attachment cc: Ervin Properties, LLC, 1830 Plaza Dr., Winchester, VA 22601 TreyBul Co., LC, 116 S. Stewart St., Winchester, VA 22601 H. N. Funkhouser & Co., Inc., PO Box 2038, Winchester, VA 22604 JEM VII, LLC, PO Box 3538, Gastonia, NC 28054 Jasbo, Beverley Shoemaker, PO Box 480, Stephens City, VA 22655 107 North bent Street, Suite 202 e Winchester, Virginia 22601-5000 GREENWAY ENGINEERING 151 Windy Hill Lane rounded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Tasker Road and Warrior Road Commercial Proffer Statement File No: 4806 Date April 2, 2007 To: FC Planning From: Evan Wyatt/ Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ❑ For Your Review ® Courier ® As You Requested ❑ Pick Up ❑ Please Comment Message: IIi Mike, Please find attached the December 8, 2006 Proffer Statement for the Tasker Road and Warrior Road Commercial Rezoning that was approved by the Board of Supervisors on January 10, 2007. This document provides the updated owner signatures on the Proffer Statement as requested by your department. Please contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: APR 2 2007 0 r ; GREENWAY ENGINEERING,.-.. / 151 Windy Hill Lane Winchester, Virginia 22602 1 , Founded in 1971 March 14, 2007 Ervin Properties, LLC Attn: David Ervin 1830 Plaza Drive Winchester, VA 22601 FILE COPY RE: Tasker Road and Warrior Road Commercial Rezoning Proffer Statement Dear David: I was recently contacted by Mr. Mike Ruddy, Frederick County Deputy Planning Director, and was advised that the County needs updated owner signatures for the referenced proffer statement that was approved by the Board of Supervisors on January 10, 2007. It has been determined that updated signatures are necessary, as the original proffer statement that was signed by all owners included two additional parcels that were subsequently eliminated from the rezoning proposal. Please find attached a copy of the approved proffer statement with the applicable signature page. Please provide an updated signature that is notarized and forward this information to Greenway Engineering to my attention. Once I have received all updated owner signature sheets, I will coordinate with Mike Ruddy to have this document formally approved by Frederick County. Please note that this will be handled as an administrative function and will not require further action by the Frederick County Planning Commission or Board of Supervisors. Please contact me if you have any questions regarding this information. Sincerely, Evan Wyatt, AICP Greenway Engineering Engineers Surveyors File N4806/EAW Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com 0 GREENWAY ENGINEERING, INC. w 151 Windy Hill Lane Winchester, Virginia 22602 I Founded in 1971 March 14, 2007 TreyBul Co., LC Attn: John Lewis 116 South Stewart Street Winchester, VA 22601 RE: Tasker Road and Warrior Road Commercial Rezoning Proffer Statement Dear John: FILE COPY I was recently contacted by Mr. Mike Ruddy, Frederick County Deputy Planning Director, and was advised that the County needs updated owner signatures for the referenced proffer statement that was approved by the Board of Supervisors on January 10, 2007. It has been determined that updated signatures are necessary, as the original proffer statement that was signed by all owners included two additional parcels that were subsequently eliminated from the rezoning proposal. Please find attached a copy of the approved proffer statement with the applicable signature page. Please provide an updated signature that is notarized and forward this information to Greenway Engineering to my attention. Once I have received all updated owner signature sheets, I will coordinate with Mike Ruddy to have this document formally approved by Frederick County. Please note that this will be handled as an administrative function and will not require further action by the Frederick County Planning Commission or Board of Supervisors. Please contact me if you have any questions regarding this information. Sincerely, EvanWatt, Al Greenway Engineering Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #4806/EAW www.greenwayeng.com 0 GREENWAY ENGINEERING, me. ' 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 March 14, 2007 H.N. Funkhouser & Co., Inc. Attn: Robert W. Claytor P.O. Box 2038 Winchester, VA 22604 0 FILE COPY RE: Tasker Road and Warrior Road Commercial Rezoning Proffer Statement Dear Mr. Claytor: I was recently contacted by Mr. Mike Ruddy, Frederick County Deputy Planning Director, and was advised that the County needs updated owner signatures for the referenced proffer statement that was approved by the Board of Supervisors on January 10, 2007. It has been determined that updated signatures are necessary, as the original proffer statement that was signed by all owners included two additional parcels that were subsequently eliminated from the rezoning proposal. Please find attached a copy of the approved proffer statement with the applicable signature page. Please provide an updated signature that is notarized and forward this information to Greenway Engineering to my attention. Once I have received all updated owner signature sheets, I will coordinate with Mike Ruddy to have this document formally approved by Frederick County. Please note that this will be handled as an administrative function and will not require further action by the Frederick County Planning Commission or Board of Supervisors. Please contact me if you have any questions regarding this information. Sincerely, Evan Wyatt, AIC Greenway Engineering Engineers Surveyors File #4806/EAW Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com GREENWAY ENGINEERING, me. FILE COPY 151 Windy Hill Lane ! Winchester, Virginia 22602 i Founded in 1971 March 14, 2007 JEM VII, LLC Attn: James E. Martin P.O. Box 3538 Gastonia, NC 28054 RE: Tasker Road and Warrior Road Commercial Rezoning Proffer Statement Dear Mr. Martin: I was recently contacted by Mr. Mike Ruddy, Frederick County Deputy Planning Director, and was advised that the County needs updated owner signatures for the referenced proffer statement that was approved by the Board of Supervisors on January 10, 2007. It has been determined that updated signatures are necessary, as the original proffer statement that was signed by all owners included two additional parcels that were subsequently eliminated from the rezoning proposal. Please find attached a copy of the approved proffer statement with the applicable signature page. Please provide an updated signature that is notarized and forward this information to Greenway Engineering to my attention. Once I have received all updated owner signature sheets, I will coordinate with Mike Ruddy to have this document formally approved by Frederick County. Please note that this will be handled as an administrative function and will not require further action by the Frederick County Planning Commission or Board of Supervisors. Please contact me if you have any questions regarding this information. Sincerely, Evan Wyatt, AICP Greenway Engineering Engineers Surveyors File #4806/EAW Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com • Page 1 of 2 Mike Ruddy From: Evan Wyatt [ewyatt@greenwayeng.com] Sent: Friday, January 26, 2007 4:23 PM To: Mike Ruddy Cc: Evan Wyatt Subject: RE: A couple of items Sounds good - I will circulate the December 8th proffer and ask for current owner signature dates that are notarized. Have a good weeked! Evan -----Original Message ----- From: Mike Ruddy [ma iIto: mruddy@co.frederick.va.us] Sent: Friday, January 26, 2007 4:07 PM To: Evan Wyatt Subject: RE: A couple of items Thanks Evan: A current date, even though it is past the date of approval from the Board, will work. It is important that the notarized documents are correct. The proper chronological order will have been followed and the notary will be valid. My letter of approval will then validate the chronology. Mike. -----Original Message ----- From: Evan Wyatt [mailto:ewyatt@greenwayeng.com] Sent: Friday, January 26, 2007 3:33 PM To: Mike Ruddy Subject: RE: A couple of items Hi Mike, If I understand you correctly, you need updated owner signatures from the four property owners somewhere in the time frame between December 8th and January 9th. I will prepare a cover letter advising the owners accordingly and see what I can do; however, what happens if they have a problem becuase their notary is being asked to witness a date for this new signature that isn't a real date? Thanks, Evan [Evan Wyatt] -----Original Message ----- From: Mike Ruddy [mailto:mruddy@co.frederick.va.us] Sent: Friday, January 26, 2007 3:16 PM To: Evan Wyatt Subject: A couple of items Hi Evan: Thanks for touching base with the Yost's. Eddie dropped me a note letting me know that Rocky will be removing the old trailers and trash next week. 3/13/2007 0 • Page 2 of 2 I just spoke with Bob and he is anticipating completing a couple of my reviews over the weekend - including Easy Living. On the Tasker Road and Warrior Drive rezoning exercise I need your help on correcting the discrepancy with the dates and signatures on the Proffer Statement. As you will recall, the proffer statement was changed on December 8 and you were advised by me at the time that it was unnecessary to update the signatures of the property owners as we were aware of the approval of the property owners. Unfortunately, we know have a Proffer Statement approved by the Board on January 10 with owner's signatures that predated the final revision of Dec 8. For a variety of reasons I need to correct this to make sure we have signatures with a date post the final revision. I would then reissue the County's approval letter. If you could re -circulate to the owners (except Bev) the signature page to be resigned by the owners with an updated date it would be greatly appreciated. Let me know if I can lend a hand. Thanks for your help. Mike. 3/13/2007 4 Page 1 of 1 Mike. Ruddy From: Mike Ruddy [mruddy@co.frederick.va.us] Sent: Friday, January 26, 2007 3:16 PM To: Evan Wyatt Subject: A couple of items Hi Evan: Thanks for touching base with the Yost's. Eddie dropped me a note letting me know that Rocky will be removing the old trailers and trash next week. I just spoke with Bob and he is anticipating completing a couple of my reviews over the weekend - including Easy Living. On the Tasker Road and Warrior Drive rezoning exercise I need your help on correcting the discrepancy with the dates and signatures on the Proffer Statement. As you will recall, the proffer statement was changed on December 8 and you were advised by me at the time that it was unnecessary to update the signatures of the property owners as we were aware of the approval of the property owners. Unfortunately, we know have a Proffer Statement approved by the Board on January 10 with owner's signatures that predated the final revision of Dec 8. For a variety of reasons I need to correct this to make sure we have signatures with a date post the final revision. I would then reissue the County's approval letter. If you could re -circulate to the owners (except Bev) the signature page to be resigned by the owners with an updated date it would be greatly appreciated. Let me know if I can lend a hand. Thanks for your help. Mike. 3/13/2007 V, AMENDMENT ACTION: PLANNING COMMISSION. • December 6,199 BOARD OF SUPERVISORS: January 24, 1996 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #008-94 of JAMES T. CARROLL WHEREAS, Rezoning Application #008-94 of James T. Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General), which is located at the intersection of Custer Avenue and Pembridge Roam and is designated with PINS 64A-4-20A, 64A-10-A, and 64A-10-B in the Shawnee Magisterial District, was referred to the Frederick County Planning Commission; and, WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on December 6, 1995; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this ordinance adoption on January 24, 1996; and, WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.81 acres, designated by PINS 64A-4-20A, 64A-10-A, and 64A-10-B, from RP (Residential Performance) to B2 (Business General) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: V PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B- 2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The owner proffers that there shall be no entrance to the property on Etnam Street. 2. The owner proffers that there will be a total of no more than five (5) entrances for the property. 3. The owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. 4. The owner proffers that the property will not be use for the following B-2, Business General allowed uses: a. Electric, gas and other utility facilities b. Food stores . c. Automotive*dealers d. Miscellaneous repair services e. Golf driving ranges and miniature golf courses f. Membership organizations g. Self-service storage facilities h. Public utility distribution facilities 5. All permitted uses shall not be open to the public between the hours of 2:00 a.m. and 6:00 a.m. except for hotels, motels, banks, and other permitted uses approved only by the Board of SupervL--ors. ectfully su oz__ Z_ ��t� 1 - H. Carroll, Owner Date STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: TebruQq The foregoing instrument was acknowledged before me this �_ day of January, 1996 by Jarne5 tj . CerroI I Notary Public: a r] n c _om C.,. I / My Commission Expires: (.(aUn l U .90 i l qqCo 0 0 This ordinance shall be in effect upon its passage Passed this 24th day of January, 1996. James L. Longerbeam Aye Robert M. Sager Aye Chairman W. Harrington Smith, Jr. Nay Charles W. Orndoff, Sr. Aye Margaret R Douglas Aye Richard C. Shickle Aye A Copy Attest John A JRiley, Jr. Frederick County Administrator R51 Cli� COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM Finance Department Pam Deeter, Office Assistant II Return Of Sign Deposit January 18, 2007 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for Rezoning #16-06 for Tasker & Warrior Road. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: H. N. Funkhouser P.O. Box 2038 Winchester, VA 22604 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 t�. O aye ;E. • T A X R E C E I P T Ticket #:00005570001 FREDERICK COUNTY Date : 11/09/Register: LLJ 2006 #8 C. WILLIAM ORNDOFF, JR 1466 P.O. BOX 225 Denpts# . 1095 WINCHESTER VA 22604-0225 Acct# SIGN DEPOSITS PLANNING Previous 50.00 Balance $ Principal Being Paid 50.00 Penalt .00 00 Interes Amount Paid $ 50.00 *Balance Due $ .00 Cash 0 THE 2006 Pd by PLANNING & DEVELOPMENT 11/9/6THRU Check MONTH81911/VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST ,.. ._.,. ... � .�f. • J I 10 Was (a, DATE ' %T 1 (J �` NO. 969 2 RECEIVED FROM ADDRTSS 00 ")`6 ❑FOR RENT, ❑FOR L y N 7nz7L, CASH CHECK d 1% MONEY U Z 4 OR MIT • ►C k.P-l& r 0 CZ 6011 ' OLL4RS $ 3U5U- Plii 15 -� Af ,roq I (AE) I l 1� � i � ilin rli2�C1 i-) BY t; c s DETACH BEFOfiE DEPOSITING 7____58 2 878 NET AMOUNT 3,000.00 r i ". GREENWAY ENGINEERING yy 151 Windy I fill Lane p Winchester, Virginia 22602 Pounded in 1971 December 8, 2006 F redericl< Count), Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 DEC' ;b 2006 RE: Revised Tasker Road & Warrior Road Rezoning Proffer Amendment Application Dear Mike: As you know, the Frederick County Planning Commission recommended approval of the Tasker Road and Warrior Road Rezoning Proffer Amendment request for the modified hours of operation during their December 6, 2006 meeting. This approval was recommended for the commercial properties located on the east side of Warrior Road; however, the Planning Commission did not believe that this was appropriate for the commercial properties on the west side of Warrior Road to have modified hours of' operation due to the additional impacts that would be realized by the Autumn Glen conin111nity. 1 have discussed this matter with Mrs. Beverley Shoemaker who owns the commercial properties on the west side of Warrior Road. In an effort to continue to be a good neighbor, Mrs. Shoemaker has agreed to remove these commercial properties from consideration of the proposed proffer amendment application. Please find attached a revised copy of all applicable rezoning application information and mapping associated with this request. Please ensure that all references and information to Mrs. Shoemaker's properties are removed from the staff agenda packet that is prepared for the .January 10, 2007 Board of Supervisors agenda. Please contact me if you have any questions regarding this matter or if you need any additional information at this time. Sincerely, Evan Wyatt, AICP Greenway Engineering Cc: Gene Fisher, Shawnee District Supervisor Beverley B. Shoemaker Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File 114506/EAW www.greenwayeng.com 0 • GREENWAY ENGINEERING %47 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Tasker Road & Warrior Road Commercial Rezoning File No: 4806 Date December 8, 2006 To: FC Planning From: Evan Wyatt/ Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review ® Courier ® As You Requested ❑ Pick Up ® Please Comment Message: Hi Mike, Please find attached the revised information for the Tasker Road & Warrior Road Commercial Rezoning that we discussed this morning. Please advise me if you need anything else regarding this matter. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: DEC 2006 0 0 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 T R A N S M I T T A L NOV 6 7nn, Project Name: Tasker Road & Warrior Road Commercial Rezoning Application File No: 4806 Date November 6, 2006 To: FC Planning From: Evan Wyatt/ Attn: Mike Ruddy GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Other ❑ Urgent ® For Your Review Message: Hi Mike, ® Courier ❑ As You Requested ❑ Pick Up ❑ Please Comment Please find attached a completed Rezoning Application Master Copy for the Tasker Road & Warrior Road Commercial development, two spiral bound copies and 44 color copies of the location map and zoning map for this project. Please schedule this application for the December 6, 2006 Planning Commission meeting. Please contact me if you have any questions regarding this information or if you need anything else at this time. I Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: 0 0 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YO U WO ULD LIKE TO HA VE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric S Pi (Z:�Mike Kevin John Lauren COMMENTS: fa�'tPr fi� is io O , Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd TASKER ROAD & WARRIOR ROAD COMMERCIAL PROPERTIES REZONING APPLICATION Frederick County, Virginia , � ,,,,,i e � � s4�►, � � .. - r.� y,-� ti [E ` t ,;�• �`h�+ ��'r®yeti { �� �� { ��y'`l� ,' �� r Y � ,gx • -LC' 9,y , cr,yyc + • +.., g ,� a s-. ate, =. � ' h 14'� 7 4 +! -. , �•" / ' iC->w Via, 1 � � li y _ ' s� �,. it/,.. ." ;` ,.` ► Tax Parcels #75-((A))-104; 75-((A))-104E; 75-((A))-105A; 75-((A))-105B; 75-((A))-105C; and 75-((A))-105D November 6, 2006 Current Owner: JASBO, INC.; JEM VII, LLC; TREYBUL COMPANY; H.N. FUNKHOUSER, COMPANY; ERVIN PROPERTIES, LLC Contact Person: Evan Wyatt, AICP {� 151 Windy Hill Lane Founded in 1971 WinchesLer•, Virginia 22602 Telephone 540-662-4185 Engineers 1 AX 540-722-9528 Surveyors www.greenw Ayeng.corn Rezoning Application & Application Fee 11 11 11 II I REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by.Planning,Stciff Fee Amount Paid Zonmg Ameiidment'Number Date Receive PC HearmgDate E BOS Heaimg Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering_ Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Jasbo, Inc., JEM VII, LLC, H.N. Funkhouser & Co., Treybul Company, LC and Ervin Properties, LLC being all of Tax Map Parcels 75- ___.. ((A))A04, 75-((A))-104E, 7.5-((A))-105D, 75-((A))-105C, 75-((A))-105B, and 75-((A))-105A and further described by Deed Book 634 Page 499, Deed Book 922 Page 875, Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008205 and Instrument Number ' 050008207. ' 3. Contact person if other than above ' Name: Evan Wyatt, AICP Telephone: (540) 662-4185 ' 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments ' Plat Fees X Deed to Property X Impact Analysis Statement ' Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo, Inc., Beverley B. Shoemaker JEM VII, LLC, James E. Martin Treybul Company, LC, John C. Lewis H.N. Funkhouser, Co., Robert W. Clams Ervin Properties, LLC, David A. Ervin 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Commercial & Office Commercial & Office PARCEL ID NUMBER USE ZONING 75-A-102 Residential RA District 75-A-103 Residential RA District 75-A-117 Residential RP District 75D-4-4-109 Residential RP District 75D-4-4-110 Residential RP District 75D-4-4-111 Residential RP District 75D-4-4-137A Open Space RP District 75L-3-1-1A Residential RP District 75L-3-1-8A Residential RP District 75L-3-1-8B Residential RP District 75L-3-1-8C Residential RP District 75L-3-1-9A Residential RP District 75L-3-1-9B Residential RP District 75L-3-2-6C Residential RP District 75L-3-3-77A Open Space RP District 75M-4-3-141A Open Space RP District 8. Location: The property is located at (give exact located based on nearest road ' and distance from nearest intersection, using road names and route number): The parcels comprising the Tasker Road and Warrior Road Commercial project are ' located in the northwest, southwest and southeast quadrants of this inetrsection (Route 642 and Route 1141). I Information to be Submitted for Cabital Facilities Imbact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Tax Map Parcels 75-((A))-104, 75-((A))-104E, 75-((A))-105D 75-((A))-105C 75-((A))- 105B, and 75-((A))-105A Service Districts Magisterial: Shawnee & Opequon High School: Sherando Fire Service: Stephens City Middle School: Aylor Rescue Service: Stephens City Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 31.83± B2 District B2 District 31.83± Total Acreage to be rezoned Note: Proffer Statement Modification Only — No Revisions To Existing Zoning District 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A i I � I � I I I I I I I 11 II II 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s):Date: II /00(, 68_054 514 t H. N. FUNKHOUSER & CO. No. 582878 P.O. BOX 2038 WINCHESTER, VIRGINIA 22604 Wachovia Bank, N.A. 201 N.Loudoun St. Va. 2248 Winchester. Va DATE CHECK NO. AMOUNT 10/214/06 56287 el 000. 00 F C�jLJNTY OF FREDERICK TREASL lI?E Ft THE C WILLIAM URNDOFF JR PERI,111 DER P 0 Dox `'kl OF WINLHEsTER, VA E-z"- 04 L AUTHORIZED SIGNATURE II II' S B 28 78ii' 1:0 5 L 400 5 4 91: 208 2 10 200 20 6 Lli' H. N. FUNKHOUSER & CO. tP.O. BOX 2038 WINCHESTER, VIRGINIA 22604 ' DATE CHECK NO. I Ct=jUP11''r OF FREDEPIC;i I REN`SUk> R THE I= WILLIAM ORNDOFF JR PERMITS DER p 0 Elclx c20 WINCHESTER. 'VA 2`26-211 L 111 58 30 2 611' 1:0 S L 400 51, 9i: 208 2 10 200 206 Lii' 68 05< 514 No.583026 Wachovia Bank, N.A. 201 N. Loudoun St. Va. 2248 Winchester. Va AMOUNT $50. 100 i AUTHORIZED SIGNATURE Special Limited Power of Attorney Form I � I � I Special Limited Power of Attorney County of Frederick, Virginia Frederick Plaming Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jasbo, Inc. (Phone) (540) 869-1800 (Address) PO Box 480 Stephens City, VA 22655 - the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book No. 634 on Page 499, Deed Book No. 922 on Page 875, and is described as Parcel: 75 Lot: 104 Block: A Section: Subdivision: _ Parcel: 75 Lot: 104E Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of 0(41, 200 6 Signature(s) of irgini , Cit Count of�VEC f1c'40-wit: I, %Ina L-Hdi5so, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ac wledged the same before me in the jurisdiction aforesaid this I81�I day of W , 200 (A - 9 TTU4�t My Commission Expires: Fe' VtX-zrq. 2A, 2,CYJ8 Notary Public 11 I � I � I � I I I L Special Limited Power of Attorney County of Frederick, Virginia Frederick Plamling Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) JEM VII, LLC (Phone) (704) 867-4628 (Address) PO Box 3538, Gastonia, NC 28054 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050015374 on Page and is described as Parcel: 75 Lot: 105D Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this zo 1'�,day of 0 ` , 200 t .. Signature(s) �._� Q N v,� • ,,, u�- State of dif-ginia; City/County ofL't �t�To-wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid thisday of 0QJ 200 _. My Commission Expires: Notary Public 11 Special Limited Power of Attorney County of Frederick, Virginia Frederick Plaraiing Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Phone 540-665-5651 Facsimile 540-665-6395 (Address) PO Box 2038, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by 050023431 on Page and is described as Parcel: 75 Lot: 105C Block: A Section: do hereby make, constitute and appoint: (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. my (our) hand and seal this _`J day of aL , 200 � Virginia, City/County of I,90%a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who si ed to the fo & going instrument and who I (are) known to me, personally appeared before me and has ac owledged the sa Wore mein the jurisdiction aforesaid this Iq day oftW. , 200-&—. My Commission Expires: 7 No try Public � I � I � I 7 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.coftederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Sheet, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) TREYBULCOMPANY, LC (Phone) (540) 662-5792 (Address) 116 South Stewart Street Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050008205 on Page and is described as Parcel: 75 Lot: 105B Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: �"(am This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I ) ha S ignature(s) set my (our) hand and seal this E) day ofL Lf , 200%1 State of Virginia, City/County of , To -wit: I V l ( ��L 1' ►�I �S a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has Z I wled e the same before me in the jurisdiction aforesaid this f � day of Oc-+, 2200 My Commission Expires: N t ry Public � I � I � I H 'I Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Ervin Properties, LLC (Phone) (540) 722-9799 (Address) 1830 Plaza Drive, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050008207 on Page and is described as Parcel: 75 Lot: 105A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I C Signature(s) seal this ?d day of ac 4 , 200 O 6', State of Virginia, City/County of , To -wit: I,�«n ��_�u,l= , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before Me and has acknowledged the same before me in the jurisdiction aforesaid this 01'`day of 200 . My Commission Expires: (C ! 5 Notar; ✓Pblic/ 1 � I Location Map Exhibits 11 It L - J J -' ' }may ' �• ,<�- J `- \ - p", w ` L HNC a`• N. f`i s n��.:�/ ,. O �.Y Q- s4" �C Z_ °RQ-;' r. LU Aerial Overview °� o Viz°, C4AI C ��y PTO O iii it T ,':. i r tsj�,;0 till- PRES'1CKLN • j. ^ Z f OP pR �Q LU 4j� i 3yk N x 'fir.` 11►J -1 Q r `-�� +J i� D��\\ s� �hY �1�� ' AIAMORE OF AC35 EDO, +I A :� M o DON/JW q C dl .' a 9�,I�I �ER,r�c �0 o , Z =5 E JR kv _ r�,rj�+ 607 '�i�`P! .+ t' p� r -•.�„,.+,.�.� �: 2 �' VFRN .S' - rrr/// jjj k c �r t r ._r_..r OO /-� , .S P. /J OP 2. �` NG R �'� ''� / b a 5, Oq IPA A z .� .�► !2 ` ;r ~`,> pR 1 T��Q' > >["MACEDONI cC >. .• OCIiURCH Rp i �gygERRY� tCT Q tt. >.._14 4 s FFCLK C1R ..raj s� CT Q , • E y 4 IL L,,c- _ �. �' V •� • O 0M 4jJ,//� pA : �•.._ f i ,-lip ?� N 410412I9 O > .• Y pal' VN 1 CEDAR MOUN,,. i>✓ O ROMNy■E4 ��1 TAIN DR - 9 >_ vow tir -i [ail• —w-a a� *'' '' • '' e* M4Rp r� 1� FISHERS HILL 4k��� F' r - MI OQV No 84 CAC - � ! �%� �P2 ,�y� PG ` e�R} 0S ` -'� ��O `~BALLS BLUFF WY 's . ..•t. t .- J U Fig wy �. �� ORO r - �e ' �4•,. S a Q CC } oe be = r 0LU Yea o y 0 •fir \ .\ �P _. •°f - y l gpR,N i . • �k - # ' QO O W F— Fq�R . •` .�_� `•x. St + a " � \ =y�P r f :O Cl- W Q z ao RP a p,.. QV tiNV aer,• �`r\ MR. TJ�'`� �\ Q w LL o •Q✓ r .:. A d f U loci 9 •, Legend F r 4 fp Y.„; °\ O r I.• " �alr x Ar Q = — a In e W ,� Feet `� o R_. Subject Parcels A Qv. Cr 06 W m O�J\pf w z W o t Parcel Boundaries ` �'' 500 250 0 500 1,000 0 `` o ` r ` U) 0 N O �Q r .r o Map Data Source: Frederick County, Va. GIS Department, 2006 Data I Z 8 cQ Location and Zoning Map LL1 CgNFCT No 0 ICKLN W QUO \/ N} PRES �g T`►� ff �� 'VS � 1 Z UREA= Y, Z W 3� TAIpMOREDR Nc+ `< %' E E \MgCFoON/q / / A9'�y R`►I\CKLN $ f 3 s o r CyURCy R _� 09� eE W z u r S o kFyF �� Z W40 5 \ Q 2 \ ._IV APO Tj O O Py�o N qk0 =3 Q A.�PQQ��2y pQ n a r =_ R\o'�o mJyJ s, o � d / 0 9� TgSKER 2 a MACEDONIA CHURCH —1 T�° BAYBERRY OD RD LUCY LONG- Ix O 4Q > I o CT ai I E � 1 y / SUFFOLK CAR O U p TggKER RD C �1(e'N 09 N OFt N O N 1 ROMNEY pl �`(N CEDAR MOUNTAIN DR y y / cc cc O O +- MNggO. FlSHERS HILL CT ?� V Cr ? O Qv >r J W Ole, 0���00�o JPGoo �O I— FP 37 2(� BgCK6 w �Q P VANS FO J U 0 Q CC m Q.O 90 Cc (n o w o a z 2 < J c7 iq �P �•`• `•'� 'Po Subject Parcels p C7 0 Legend �•�! z > \F • STEPHENS CITY p q Subject Parcels %_____� r CC N Q Z Parcel Boundaries ,? O� qS�� oC Z w O / \pQ / 990 Q Z wUw \i Zoning aQ Feet QQ Qa O v 0 B2 (Business, General District) �• ,� s�P P 500 250 0 500 1,000 �.� ' ��° o cn o s s� �zcr9 RA (Rural Areas District) Q• -J 9 RP (Residential Performance District) 11 277 w O= w o r ���O�Rgtir s2 OVER H w a neon nntn Cnnrro Froriorirk Cniinhi va nicz nPnnrimPni gnnF nafa � I � I � I Proffer Statement 11 ITasker Road and Warrior Road Commercial Rezoning October 17, 2006 TASKER ROAD AND WARRIOR ROAD COMMERCIAL I PROFFER STATEMENT ' REZONING: RZ# B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: 31.83 acres +/-; Tax Parcels #75-((A))-104; 75-((A))-104E; 75-((A))-105A; 75-((A))- 10513; 75-((A))-105C; and 75-((A))-105D (here -in after the "Property") ' RECORD OWNER: Jasbo, Inc.; JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC I ' APPLICANT: Jasbo, Inc.; JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC (here -in after the "Applicants") I I PROJECT NAME: Tasker Road and Warrior Road Commercial ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters April 8, 1998 October 17, 2006 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 31.83± acres from the B-2, Business General District with Proffers to establish 31.83± acres of B-2, Business General District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. The Property, more particularly described as the lands owned by Jasbo, Inc., JEM VII, LLC, H.N. Funkhouser & Co., Treybul Company, LC, and Ervin Properties, LLC being all of Tax Map Parcels 75-((A))-104, 75-((A))-104E, 75-((A))-105A, 75-((A))-105B, 75-((A))-105C, and 75- ((A))-105D and further described by Deed Book 634 Page 499, Deed Book 922 Page 875, Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008207, and Instrument Number 050008205. File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 PROFFER STATEMENT Transportation Improvements to Offset Impact of Development The Applicants hereby proffer that a traffic impact study will be conducted using VDOT procedures for each site at development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the Applicants as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The Applicants hereby proffer to restrict the use of the Property by not allowing the following uses: Automotive Dealers Gasoline service stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges and miniature golf courses Batting Cages Membership Organizations Civic, Social, and Fraternal organizations Funeral homes and crematoriums Drive-in theaters Restricted Hours of Operation The Applicants hereby proffer to restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. I File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Jasbo, Inc. By: /a— / S- Qb- Be e ley B. Shoemaker, President Date Commonwealth of Virginia, City/ ounty f 6—V-erievi^(" - To Wit: The foregoing instrument was acknowledged before me this -(ENay of (DCW.,:;er 2006 by &Vertey (3. ShoevylGker, prPslcdeok Notary Public My Commission Expires 1=ekvLan-r 2�1 2Z48 He #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: JEM VII, LLC James E. Martin, Manager Date Z411 u Nc oC� mmonwealth of-V4,.g4 ia", C-ity/County of (✓ \t �1 Il To Wit: - The foregoing instrument was acknowledged before me thi@� 4- day of 20 0 (o by Q�Rljflr E • J �W(Mwj-z Notary Public My Commission Expires File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: H.N. Funkhouser, Co. By: %�� Robert W C ytor, President Date Commonwealth of Virginia, City/emmy of Ir To Wit: The instrument was acknowledged before me this (� day of 1 ' Notar Public My Commission Expires 1 File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Treybul Company, LC Commonwealth of Virginia, City/County of W I ��� �� ��►' To Wit: Date The foregoing instrument was acknowledged before me this day of QCJ 200-by \JdhY) C , �UW [ S My Commission Expires 1 o 1 3I - o q Nbt. ry ublic File #4806/EAW Greenway Engineering ' Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 1 Signatures ' The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick ' County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: 1 ' Ervin Properties, LLC By: � d e- ' David A. Ervin, Pent Date /Y, a -.!/ '- Commonwealth of Virginia, City/C 1nty of (_ 1l ►T C VIk<Clec To Wit: The foregoing instrument was acknowledged before me thi � day of (, r ` 00trby __ of t Gib 0 I*10 t y Public My Commission Expires `--i � /- C I File #48061EAW Greenway Engineering I it I Taxes Paid Statements C G Real Estale PL,Iblic Inqui>^y Ticket Detail 2006 REAL ESTATE TAXES Department# : lRE2006 Ticket #: ( 169990001 1~ RQ:11 Sup#: 0 JASBO, INC'--- � Account#: 24165 Name: j _ Name 2: Vlap#: 104_—.___..---�� Address: Description; 5.08 ACRES .PBOX 480 STEPHENS CITY, VA I22655---- Bill Date: 10 016 5/2006 Due pate; 06/05/2006 Land: $921,300 Improve: ;— Use: Ori-inal Billd $2,418.42 Payments: $2,418.42- Acres: F 5.8 Penalty Paid: Int Paid: Discount: I Amount Owed:F — Other: ) �--'__ _----_- Last Date: F 05/18/2006 Total Owed: F— -- Penalty: I -- Interest: I Note that it payment has been received within the last 10 business days, any returned items may not be pasted at this time. Please check the v ebsite a,ain. 6/5/2006 Char(ye 0 $2,418.42 $2,418.42 5/ 18/2006 Payment 11409 ($2,418.42) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search}I Previous littps://\\,\.\;�,\,.co.frederick.\,a.Lis/applic,itioiis/RE- PLiblicInqLllry/Vie\\,Detail.aspx 10/17/2006 1 Real Estate Public Inquiry Tic,ket Detall 2006 REAL ESTATE TAXES ----- I)epartulent# : IRE2006 Ticket #: 170000001 l RE}:�1 Sup#: IO Name: P SBO, INC --- �— Account4:[38499 '---- A 104E Address: j Description: 116.025 ACRES, —BOX 480�-_ F— tP 3STEPHENS CITY, VA -- - 22655 I Bill Date: 06/05/2006 Due Date: 106105/2006 Land: ; $961,200 Improve: ! Use: j----- Original Bill: 23.15 $2,5Payments: j $2,523.15- Acres:-- 16.2 Penalty Paid:j _--- — Int Paid: Discount: Amount Owed: other: ; Last Date: 05/18/2006 Total Owed: — Penalty: Interest: �- Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. 6/5/2006 Charge 0 $2,523.15 $2,523.15 5/18/2006 Payment 11409 ($2,523.15) S0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous l littps://wvv,vv.co.Frederick.va.us/ap}Dlications/P\-F.Publiclnquiry/ViewDetail.aspx 10/17/2006 Rea/.dale Public .t/YIquii-V Ticket DClal/ 2006 REAL ESTATE TAXES I)ep<aa tmcnt# : RE2006 Ticket #: I 101180001 l� RQ: (1 Sup#: 10 — Name: ERVIN PROPERTIES, LLC Account#: 42673 Name 2: ; Map#: �75 A 105A 3 25 ACRES Description: F. — Address: 1 11830 W PLAZA DR j WINCHESTER, VA �22601 —� Bill Date: ,06/0512006-- — Due Date: 06/05/2006 Land:1 $707,900 Improve: ; Use: r— $1,858.24 � Original Bill:j Payments: � $1,858.24- 3.25 Acres: Penalty Paid: Int Paid: j Discount: Amount Owed:Other: Last Date: 06/07/2006 Total Owed: I --- Penalty: Interest: Notes that ifpayment has been received within the last 10 business days_, any returned items may not be posted at this tithe. Please check the webslte a°alll. �t31:71.11 6/5/2006 Chase 0 $1,858.24 $1,858.24 6/7/2006 Payment 18667 ($1,858.24) $0.00 l Use the print key for your browser to print a copy of taxes paid for this year. -New Search Previous littps://\r\\-w.co.fredericl:.va.t.is/aiDplications/REPublicingt.tiry/ViewDetziLasl)x 10/17/2006 heal.Eslaie Public Inquin Ticket Delail 2006 REAL ESTATE TAXES Department# IRE2006 Ticket #: 365590001 FRQ:Sup#: r0 Name: ITREYBULCOMPANY, LC Account#: i43901 Name 2: Map#: i75 A 105B -� — Address: i---- Description: SLOT 2 2.00 ACRES 1116 S STEWART ST 3WINCHESTER, VA ( 601 r— _ Bill Date: 1706/05/2006 Due Date: 06/05/2006 Land:' $435,600 Improve: 1 T Use: I Oric,inal Bill:] $1,143.45 Payments: $1,143.45- acres: 2.0 Penalty Paid:; Int Paid: Discount: 1 Amount Owed:! Other: Last Date: — 05/10/2006 Total Owed:-- -- Penalty: Interest: ?- -- Note that if'payment has been received within the last 10 business days_ any 1YitUrned items' may not be posted at thiS time. Please check the bvc;bslte acyaln. 6',/2006 Charge 0 $1,143.45 $1,143.45 5/10/2006 Payment 73827 ($1,143.45) S0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://w\a,N\-.co.frederick.va.us/applications/P�Publiclnquiry/ViewDctail.aspx 10/17/2006 IDcal ?,'sl /ie Public Tickei Deiall 2006 REAL ESTATE TAXES Department# : 1RE2006 'Picket #: 136120001 FRQ:: Sup#: (0 --_----- ----- _._._._...__-__...._..__... — Name: [H N FUNKHOUSER & CO, INC Account#: [43902 05C -- Name 2: i Map#; ,75 A 1 r--- --- --_� Address: ( Description: LOT 3 3.11 ACRES PO BOX 2038 WINCHESTER, VA 122604 Bill Date: 106/05/2006 Due Date: 06/05/2006 Land: $677,400 Improve: j Use: j Original Bill:--�1,778.18 1'ayments: (-- $1,778.18- Acres: ( 3.11 Penalty Paid: Int Paid: i Discount: Amount Owed: Other: f — Last Date: _ 05/24/2006 Total Owed: F— Penalty: I Interest: j - Note that it payment has been received within the last 10 business days. any returned item; nriy not be posted at this time. Please check the websitc a,,ain. 6/5/2006 Charge 0 $1,778.18 $1,778.18 5/24/2006 Payment 12354 ($1,778.18) S0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous littps:!/\�-ww.co.trederick.va.us/applications/RLPubliclnquiry/Vie\vDetail.aspx 10/17/2006 E♦ ,� t� � E• E• E• E• E• E• � E• E• � E• E• � E• �. � � � Rea/ :,stale .��ziblic Inyl(l1 y Ticket DC'iC1l/ 2006 REAL ESTATE TAXES Department# : IRE2006 Ticket #: 1 170580001 FRQ:,1^ Sup#: IF 'Jame: jJEM VII, LLC Account#: 143903 Name 2: map#: f 5 -A 105D ..........__._..._._..._. ............................-...-.-_._._.....__...--._._.-___._._.__......._._...._......_..._..._.._ �._.._._ 1..____._____..____.._., Description: 1LOT 4 2.37 ACRES Address: ( I IPO BOX 3538 GASTONIA, NC 28054 -� Bill Date: 06/05/2006 Due Date: 06/05/2006 Land: f $516,200 Improve: I Use: j , Original Bill: $1,355.03 Payments: $1,355.03_ Ac►-eS: i 2.37 - Penalty Paid: Int Paid: Discount: Amount Owed:[ Other: Last Date: ` 05/09/2006 Total Owed: — Penalty: Interest: Note that ii payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the 4vebsite again. 6 5/2006 Charge 0 $1,355.03 $1,355.03 5/9.,0006 Payment 72383 ($1,355.03) S0.00 I Use the print Ivey for your browser to print a copy of taxes paid for this year. New Search! _Previous https://\vw\v.co.ircclerick.vti.us/applications/REPubliclncluir}'/VieNvDetaII.Lispx 10/17/2006 I Property Deed Information I u KMUOSoN a JOHN sow ATTORNEYS AT LAW VYSiCf1ESTE0. VA"kk �i� OK922PGO815 THIS DEED OF SUBDIVISION, made and dated this 10 day of )vember, 1998, by and between JASBO, INC., a Virginia )rporation, hereinafter referred to as "JASBO". WHEREAS, Jasbo is the owner of certain property lying and :ing situate in Opequon Magisterial District, Frederick County, irginia, having acquired the same by deed dated December 16, 986, and recorded in the Office of the Clerk of the Circuit ourt of Frederick County, Virginia, in Deed Book 634 at Page 99; and WHEREAS, Jasbo desires to subdivide said property and has ecured the approval of Frederick County, Virginia, to do so. NOW, THEREFORE, THIS DEED OF SUBDIVISION WITNESSETH: That -or and in consideration of the premises and the benefits which fill accrue by reason of this subdivision, Jasbo does hereby subdivide, from a larger tract of land acquired as aforesaid, :hat certain parcel of land as more particularly shown on that :ertain plat entitled "Plat Showing 17.5836 Acres standing in the name of Jasbo, Inc.", made by P. Duane Brown, L.S., dated November 11, 199B, attached hereto and made a part hereof. This Subdivision as shown on the aforesaid attached plat is With the free consent and in accordance with the desires of the tl 1y11C4 WITNESS the following signature and seal: JA B0, INC. a Virginia Corporation By (SEAL? J me L. Bowman, President -75-/A -1Oy-c�-- 99225006 1TE OF VIRGINIA, AT LARGE, OF To -wit: The foregoing instrument was acknowledged before me this day of November, 1998, by James L. Bowman, President of sbo, Inc., a Virginia corporation, on behalf of said rporation. My commission expires r� 3 �rty- 00 o ary Public 0 -2- 01(922 ?GO 811 FINAL PLAT: 17.5836 ACRES standing in the name of ' JASB(l, INC. Opequon Magisterial District Frederic �w1 R, SITE ' o / Vicinity AMP scw ,- APPRO HY /j inia Frederick County Zoning Administrator Date OWNER'S CERTIFICATE The abo and foregoing subdivision of land, as appears in the accompanying plat, is with a free consent and in accordance with the desires of the undersigned o ers, pr rs and trustees, if any. ' Dote - NOTARY PUBLIC Jeni.fer D. Wi1113M o Notary Public in and for the State of Vi ginia, at large, do certify i that James L. eonu�a=�clestt of TacM. Trr- - whose name is signed to the foregoing Owner's Certificate, has ocknowledged the some before me in my state. Given under my hand this l6th day of Novanbet , 7998• My commission expires December 11 ' SURVEYOR'S TIFI ATE I hereby certify that the land contained herein is a portion of the land conveyed to JASBO. INC. L Bowman and Mary Jane Bowman by deed dated December 16, 1986, said deed from James recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 6J4 at page 499. ' P. Duane Brown, L.S. 'CH of v 1 �„ The property represented herein is a Portion of the property P. DUANE shown on Frederick County Tax Map 75((A)) as Parcel 104. ' BROWN Uyp�/ - DATE. NOVEMBER 11. 1998 1 COVER SNEET I FlLEji: WAR\B2ZONE.DWG ND. 1285 Afo�. //. /g9t3 gBbert w. dlftord ac assodates, Inc. SHEET ENpNEERS — LAND PLANNERS — SURVEYORS 1 <ntio ttto-c t o,. tat *h. er OF k suvVe fth i 7tae t t r' 22401 (irk 499 BMB: fs:cl 5035-A 11/16/8G d y N N I a. r xrd� e x .. v n M C see w- o 00 u . M e ■ O A ►0 a0 #7801 JAMES L. BOWMAN ET. UX. TO :: :: DEED JASBO, INC. 81"631,r,h99 THIS DEED *++de and dated this 16th day of December, 1986, by an; between JAMES L. BOWMAN and MARY JANE BOWMAN, his wife, By JAMES L. BOWMAN, her attorney in fact under Power of Attorney dated March 25, 1983 , hereinafter called the Grantors, and JAEBO, Inc., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WI;NESSETH: That for and in consideration of the sum of Ten (610.00) Dollars, ea4h in hand paid, and other good and valuable consideration, the receipt of whie.h is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, all those certain tracts or parcels of land, lying mostly in Froderick County, Virginia, and partially in Clarke ia, -described -air fokixnrw- PARCEL ONE: All those certain lots lying and being situate in Opequon Magisterial District, Frederick County, Virginia, being designated lots 1 through 137, inclusive, of Nottoway Subdivision, Section Two, as the same appears on the plat of said subdivision of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 632, at Page 510, and being a portion of the same land conveyed to James L. Bowman by deeds dated December 5, 2949 from Joseph A. Massie, Jr., at al, Special Commissioners, u: record in the aforesaid Clerk's Offir_ i., Deed Book 213 at Page 73 and by deed dated Marc.. 8, 1972, from Robert K. Wolts,et ux, of record in the aforesaid Clerk's Office in Deed Book 387 at Page 497. 1pMtCEL TWO: All that certain tract of land, located Northeast of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, containing 93 acres, more or less, and being a portion of the same land conveyed to Janes L. Bowman by deed dated March 21, 1968, from Edward Nicholson, at ux, of rxrord in the aforesaid Clerk's Office i.-: Dead Book �40 at Page 205. PARCEL THREE: All that Rb�d ��'+bDtor parcel o• land, lying an9i e on the North side of Senseny Road, Shawnee Magisterial District, Frederick County, Virginia, containing 7.312 acres, more or less, and being the same property conveyed to James L..Bowman by deed dated June 29, 1982, from Fredericktowne Company, of record in the aforesaid Clerk's office in Deed Book 550 at Page 799. PARCEL FOUR: All that certain tract of land lying and being situate in Opequon Magisterial District, just west of U. S. Highway No. 522, containing 139.9 acres, more or less, and being a portion of the same land conveyed to James L. Bowman from David S. Whitacre, et al, Special Commis- sioners, by deed dated March 25, 1983, of record in the aforesaid Cleric's Office in Dead Book 557 at Page 712. PARCEL FIVE: All that certain tract or parcel of land lying and being situate in the Torn of Stephens City, Opequon Magis- terial District, Frederick County, Virginia, -dceignateW as Got lO. 45'on the plan of -- the Town of Stephens City and more par- ticularly described as fronting on the East side of Main Street for a distance of 82.5 feet, more or less, and extending back in an easternly direction for a distance of 250 feet, more or less, with an even width, and having a width in the rear of 82.5 feet on Mulberry Street, and being the same land conveyed to James L. Bowman by deed dated March 16, 1984, from the Commercial and Savings Bank, of record in the aforesaid Clerk's Office in Deed Book 572 at Page 881. PARCEL SIX: All those certain parcels of land lying and being sitrc-ce in the Town of Stephens City. Opequon Kagisterial niz•.r.ict, Frederick County, Virginia, and further eescribed in the hereinafter mentioned deed as followss • Parcel B: That certain other parcel of lAnd rove3 by two-story storeroom building, and other buildings, located on a lot 48 feet x 125 feet, and located on the Nest side of Main Street, in Stephens City, Virginia, and being a part of the original Bucher property. Parcel F: That certain other lot of land oca ed on the East side of Green Street, in Stephens City, Virginia, which lot fronts 70 feet on Green Street, and extends East for a depth of 90 feet, and being also a part of the original Robertson property.'1 and being a portion of the same property con- veyed to JaDso L. Bowman by deed dated May 11, 1981, from Joan E. Lemley, divorced, et al, of record .in the aforesaid Clerk's Office in Deed Book 536 at Page 371. -2- x LIE 501 er6IhrG5O► PARCEL SEVEN: A��'�f that parcel of land lt.cated on the North aide of State High- way No. 277, about one-half (1/2) mile East of Stephens City, in Opequon Magis- terial District, Frederick County, Vir- ginia, containing 1.553 acres, more or least end being the same property conveyed to James L. Bowman by deed dated May 13, 1977, from Simono J. Gatos, at vir, of record in the aforesaid Clerk's Office in Deed Book 473 at Page 575. PARCEL EIGHT: An undivided one-half interest in that certain tract of land on the South side of Virginia Secondary Highway No. 277, approximately four (4) miles East of Stephens City, in Opequon Magisterial District, Frcderick County, Virginia, containing 143 acres, more or less, bounded by Apperson on the West, Rust on the South, Sandy on the East and the lots known as the 'Clark Survey' on the North, now owned by Erma Beryl Walker, Bertie Clark, Gladys Corrwell and Ruby Madigan, and being the sane property a one-half interest in which was conveyed to James L. Bowman by deed dated October 30, 1973, from William A. Johnston, et al, Trustees, of record in the'aforeaa_3 -- Clerk's Office in Deed Book 421 at Page 606. PARCEL NINE: All of that certain lot or parcel of land, lying and being situate in the Town of Stephens City, Virginia, on the Northwest corner of Main Street and Martin Street, and more particularly described by plat and survey of J. R. Nicely, C.L.S., dnted March 9, 19721 and being tho same land convoyed to James L. Bowman by deed dated December 19, 1994, of record in the aforesaid Clerk's Office in Deed Book 587 at Paq: 19. PARCEL T',W: All those two certain lots of land in Baca. C:-Py Magisterial District, more particularly designated as Lot G, Block H, Section 5, and Lot 8, Block H, Section 5, Wilde Acres Subdivision, as the same io duly dedicated and recorded among the land records of Frederick County, Virginia, in Deed Book 250 at Page 127, and the Plat of which is recorded at Page 10, in Wilde Acres Plat Book No. lr and being the muse property con- veyed to James L. Bowman by deed dated May 1, 1982, from Ruby ?. Smith, widow, of record in the aforesaid Clerk's Office in Deed Book 547 at Page 265. -3- 1 E•Ltf•.r._..--- - '1"111111''r,y' . r: • r l r SK634PG502 PARCEL ELEVEN: An undivided one-half interest in that certain tract of lard lying and being situate mostly in Opequon Magisterial District, Frederick County, Virginia, and partially in Greenway Magisterial District, Clarke County, Virginia, fronting on the West side of Route 522 South of Double Toll Gate and North of Nine�,ah, kn^wn as 'Kheatland', bounded on the North by the Will Chamblin Estate property, Raymond Sandy, Donald Patton and Milton Apperson, on the West by Clarence Campbell and others and on the South by Norman Tolkan and others, and containing 817 --res, more or less, and being a portion of the same property a one-half undivided interest in which was conveyed to James L. Bowman by deeds dated September 3, 1971 from Frances C. Jett, widow, at al, of record in the aforesaid Clerk's Office in Deed Book 382 at Page 231 and by deed dated November 30, 1971 from Helen C. Rust, et vir, of record in the aforesaid Clerk'a Office in Deed Book 385 at Page 302. PARCEL TWELVES All that certain lot of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 10,704 square feet, designated Parcel D on plat drawn by H. Bruce Edens dated November 19, 1986, of record in the aforesaid Clerk's Office in Deed Book 633 at Page 110; and being t'ie remaining portion of land conveyed t�) James L. Bowman by deed dated November 1, 'CZ, from Robert F. Braithwaite, ct u_:, of rec--jrd in the aforesaid Clerk's Office in Deed Boo. L53 at Page 717. PARCEL THIRTEEN: A one-half undivided interest in all those certain tracts or parcels of land, lying and being situate in the Town of Stephens City, Opequon ?: and Back Creek Magisterial Districts, Frederick County, Virginia, together with the rights, rights of way and appurtenances thereunto belonging containing 252.413 acres in the aggregate and being the remainder of the tracts of land conveyed to James L. Bowman and Shen -Valley Lime Corporation by deed dated September 30, 1983, from The Flintkote Company, a Delaware Corporation, of record in the aforesaid Clerk's Office in Deed Book 566 at Page 517. -4- ,fN 9 I i s - A - 10's-D I +' c' c �D � y v x %RRISON d "NSTON PLC TTORNEYS AT LAW --NESTER VIRGINIA I I I I 0500153074 THIS DEED, made this 10& day of A., -- 2005, between JEM X. LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor, and JEM VII. LLC, a North Carolina limited liability company, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with general warranty of title, unto the Grantee, in fee simple, the following described property All of those certain tracts or parcels of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0 20 miles southwest of the intersection of Tasker Road and being in Opeyuon Magisterial District, Frederick County, Virginia, and designated as Lot 3 (containing 3 1126 acres TM 75-A-105A) and Lot 4 (containing 2 3666 acres TM 75-A-105A) on the Final Plat of Subdivision of the Land of JEM X, LLC, made by Elliott Ritchie, Jr , Land Surveyor And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.0 , a Virginia limited liability company, dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No 050008204 This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging 0 J 'BISON 6 JOHNSTON I A UORNEYS AT LAW LISTER VIRGINIA 0 X_ Ca AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 2 00 acres, more or less, situated immediately adjacent to the property on the northeast, and being that property conveyed by the Grantor herein to Treybul, LLC, a Virginia limited liability company, by deed dated April 19, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No i,!57JOo Y,lCrSsuch easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia as more fully set forth in the aforesaid deed AND FURTHER, this conveyance is made subject to the following restriction as to use of Lot 3, which shall run with the property, for a period of twenty-five (25) years from the date of this deed The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount "99 cents" store or "dollar" store which sells general merchandise (a "Dollar Store") Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed -2- CD WITNESS the following signature and seal. JEM X, LLC , a North Carolina Limited Liability Company By--A,L w. (SEAL) James E Martin, Member / Manager STATE OF NORTH CAR LIMA, AT LARGE, CITY/COUNTY OF , To -wit The foregoing instrument was acknowledged before me this day of __, 2005, by James E Martin, as Manager/Member of JEM X LLC, Nkirth Carolina Lirmted Liabili CompanyQn behalf of said Company My commission expires ��c7dd5 1 (SEAL) Notary Public NOTARIAL SEAL l' /I i- L1G' o INCN 8.gFNJSTOfJ PLC TTORNEYS AT LAW IS NCHESTER VIRGINIA VIRGINIA FREDURICK COUNTY, SCT. This instrument of writing was prWULeed� to me on 1011r11VIC,1�I'nr�nl r�ti ZdmittcJ t•r rcrord, i Imp�cd hy:i4c,,14 I-litlp of S oaf, attd 58.t-lfUl hNvc bvcu }xild, if akscrbab►c 'Clerk a 05002343/ N) THIS DEED, made this �` day of , 2005, between JEM VIL LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor, and H. N. FUNKHOUSER & CO., INC, a Virginia Corporation, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with general �O � warranty of title, unto the Grantee, in fee simple, the following described property: 1 QAll of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.20 miles southwest of the intersection of Tasker Road, P 9 uon in O e Magisterial District, Frederick County, Virginia, ag ' 44, I being designated as Lot 3, containing 3.1126 acres, as more fully set forth on I : that certain Recordation of Plat and Deed of Easement dated August 24, 2005 o ' Crb ty, and made by JEM VII, LLC, a North Carolina Limtted Liability Company recorded in the Office of the Clerk of the Circuit Court of Frederick County, I I I I I I I I Virginia as Instrument No 050019185 TAX MAP NUM13ER 75-A-105A And being the same land which was conveyed to the Grantor herein by deed from JEM X, LLC, a North Carolina Limited Liability Company dated July 8, S 2005 and recorded in the aforesaid Clerk's Office as Instrument No. 050015374. This property is conveyed together with all rights, rights of way, privileges and � S - ,--1oSC. 0 .9- Lo w appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store") Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed WITNESS the following signature and seal: JEM VII, LLC , a North Carolina Limited Liability Company By:c(SEAL) James E. Martin, Member /Manager -2- 11 t= r r STATE OF NORTH CAROLINA (l .QIOF To -wit: The foregoing instrument was acknowledged before me this �D h day of Cam, 12005, by James E. Martin, as Manager/Member of JEM VIII, LLC, North Carolina Limited Liability Company, on behalf of said Company <'' My commission expires u (A 1 (SEAL) Notary Public . c^ U ItL + ei VIR( INIA- FREDERICK COUNTY, SC'I' ' This hwTument of writing was produced to me on Q — — at and with oert:ficatc of acknowledgeme�thercloxed was admitted to record T imposed by Sec 58.1-802 of ' ' r ,rand 58.1-801 have been paid, if wo-sable r t O ' � o V v v aRLSON a JOHN$TORPLI 'ATTORNEYS AT IAW YANCHESTER.VIRGINIA 050008205 0 N THIS DEED, made this 19' day of April, 2005, between JEM X, LLC. A North Carolina limited liability company, of the one part, hereinafter called the Grantor; and TREYBULCOMPANY, LC, a Virginia limited liability company, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property: All of that certain tract or parcel of land,together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.13 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and beginning at a point in the east line of Warrior Drive, a comer with a 3.2464 acre tract; thence running with the said east line of Warrior Drive N 46' 45' 01" E, 297.55 feet to a point; thence along the arc of a curve to the right 20.39 feet, said curve having a radius of 702.50 feet, a delta angle of 01' 39' 46", a chord bearing of N 47' 34' 54" E, and a chord distance of 320.39 feet to a point; thence leaving the said east line of Warrior Drive and running with a new division line through the land of Bowman and Glaize, L.C. S 41' 35' 13" E, 279.65 feet to a point in the line of The Ryland Group, Inc.; thence running with the said line of The Ryland Group, Inc. S 57' 29' 55" W, 12.48 feet; thence continuing with the said line of The Ryland Group, Inc. S 46' 45' 01" W, 297.55 feet to a point, a comer with the said 3.2464 acre tract; thence running with the said line of the 3.2464 acre tract N 43' 14' 59" W, 277.50 feet to the beginning and containing 87,121 square feet or 2.0000 acres. And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.C., a Virginia limited liability company, dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. LLS' S Y-- This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 3.246 acres, more or less, situated immediately adjacent to the property on the southwest, and being that property conveyed by the Grantor herein to Ervin Properties, LLC, a Virginia limited liability company, by deed dated April 19, -5-A-ID's13 tU 03 CID ARRIsoN A JOHNSTONPL ATTORNEYS AT LAW WW.,44ESTER. VIRGINIA >.005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Jirginia as Instrument No. &! '8;6 y (hereinafter referred to as the "Ervin Property"), and accessing the property from that certain tract or parcel of land containing 5.487 acres, more or less, situated immediately adjacent to the property on the northeast, and being a portion of that property conveyed by Bowman and Glaize, L.C., a Virginia limited liability company, to the Grantor herein by deed dated April ) j, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. Qs'X-20 ti (hereinafter referred to as the (JEM X Property'), such easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia. The Grantee shall be responsible for the maintenance of this easement so as to maintain continuous and free access of pedestrians and vehicles, as limited herein, to Warrior Drive, the Ervin Property and the JEM X Property in perpetuity and for the benefit of the Ervin Property and the JEM X Property. This easement shall run with the land. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store"). Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar. A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and casements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. i I I I GARRISON YS AT TON.PLI ATTORNN EYS AT LAW WINCHESTER, NROINIA I I WITNESS the following signature and seal: JEM X, LLC., A NORTH CAROLINA LIMITED LIABILITY COMPANY By: _—�-- L � —(SEAL) STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me thisday of _ I , 2005 by �J—pAw4F MA as Mana er/Member of JEM X, LLC, A North Carolina Limited Liability Company, on behalf of said Company. 1t 1 My commission expires J No Public VIRGINIA: FREDERICK COUNTY, SCI: This instrument of writing was produced t)1 �1 o me on at / " 'IQ M and with certificate of acknowledgement thereto annexed was admitted to record. T imposed hySec. 58.1-802 of and 58.1-801 have been paid, if assessable Clerk I I � I L �1 h DO O� BISON d JOHNSTON,PU ATTORN 'INCHES ER %n LAW W INCHESTER, VIRCiINN 050008207 tv w THIS DEED, made this 190' day of April, 2005, between JEM X. LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor; and ERVIN PROPERTIES. LLC, a Virginia limited liability company, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars (Sl0.00), cash in hand paid and other valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.20 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and beginning at a point in the said east line of Warrior Drive, a corner with Jasbo, Inc.; thence running with the said east line of Warrior Drive N. 46 deg. 45' 01" E, 509.61 feet to a point; thence leaving the east line of Warrior Drive and running with a new division line through the land of Bowman and Glaize, L.C. S 43 deg. 14' 59" E, 277.50 feet to a point in the line of The Ryland Group, Inc.; thence running with the said line of The Ryland Group, Inc. and the line of said Jasbo, Inc. S 46 deg. 45' 01" W, 509.61 feet to a point; thence with the line of Jasbo, Inc., N 43 deg. 14' 59" W, 277.50 feet to the beginning, and containing 141,415 square feet or 3.246 acres. And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.C., a Virginia limited liability company, dated April 14, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. _— &A0 `i This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 2.00 acres, more or less, situated immediately adjacent to the property on the northeast, and being that property conveyed by the Grantor herein to Treybul, LLC, a Virginia limited liability company, by deed dated April 19, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as 0 N %_A iARRISON E JOHNSTON.PLC ATTORNEYS AT LAW tWINCHESTER. VIRGINIA 11 Instrument No. 19S'8i4 y (hereinafter referred to as the "Treybul Property"), such easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia. The Grantee shall be responsible for the maintenance of Us easement so as to maintain continuous and free access of pedestrians and vehicles, as limited herein, to Warrior Drive and the Treybul Property in perpetuity, and for the benefit of the Treybul Property and that property consisting of that certain tract or parcel of land containing 5.487 acres, more or less, situated immediately adjacent to the Treybul Property on the northeast, and being a portion of that property conveyed by Bowman and Glaize, L.C., a Virginia limited liability company, to the Grantor herein by deed dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. QSThis easement shall run with the land. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall nun with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store"). Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar. A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. � I � I I I LI ARRI&oN a JOHN5TORP1. ATTORNEYS AT LAW _NCHESTE . WRGINIA CD N �.D (51 WITNESS the following signature and seal: JEM X, LLC., A NORTH CAROLINA LIMITED LIABILITY COMPANY By: � �` �� (SEAL) STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledgedbefore me this = day of d"i % , 2005 by . as Mana er/Member of JEM X, LLC, A North Carolina Limited Liability Company, on behalf of said Company. My commission expires 0.0 Notary Public VIRUIMA: FREDERICK'COUNTY, SCT. This instrument of writing wa6 produced to me on ---y�°'fls at 'm and with certificate of acknowledgement theret annexed wasadmittedto record. T imposed by Sec, 58.1-802 of iS.a , and 58.1-801 have been paid, if asseuabte Clerk TASKER ROAD & WARRIOR ROAD COMMERCIAL PROPERTIES REZONING APPLICATION Frederick County, Virginia � � J �r ."*Sri• r +}�.l$jw�,! 't� �''e \�y_-•. �. 211 �r t `+ab ? V_ it 1 r } '!+. '; a i �{� gT j� !i' • i . I i ticy Tax Parcels #75-((A))-104; 75-((A))-104E; 75-((A))-105A; 75-((A))-105B; 75-((A))-105C; and 75-((A))-105D November 6, 2006 Current Owner: JASBO, INC.; JEM VII, LLC; TREYBUL COMPANY; H.N. FUNKHOUSER, COMPANY; ERVIN PROPERTIES, LLC Contact Person: Evan Wyatt, AICP 151 Windy Bill Lane Founded in 1071 Winchester, Vix•ginia 22602 Telephone 540-662-4185 Engineers PAX 540-722-9528 Surveyors www.greenwayeng.corn � I � I I Rezoning Application & Application Fee REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA u ve c urrcyeeeecc uy r eurcrccra� �cu�J s Fee Amount Paid oning AmendmentNuinber Date Receive'4 -wi iT The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. Name: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 Property Owner (if different from above) Name: Jasbo. Inc.. JEM VII. LLC, H.N. Funkhouser & Co., Treybul Company LC and Ervin Properties, LLC being all of Tax Map Parcels 75- ((A))-104 75-((A))-104E 75-((A))-105D, 75-((A))-105C, 75-((A))-105B, and 75-((A))-105A and further described by Deed Book 634 Page 499, Deed Book 922 Page 875 Instrument Number 050015374, Instrument Number 050023431. Instrument Number 050008205 and Instrument Number 050008207. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662-4185 Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo, Inc., Beverley B. Shoemaker JEM VII, LLC, James E. Martin Treybul Company, LC, John C. Lewis H.N. Funkhouser, Co., Robert W. Cla3qor Ervin Properties, LLC, David A. Ervin 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Commercial & Office Commercial & Office PARCEL ID NUMBER USE ZONING 75-A-102 Residential RA District 75-A-103 Residential RA District 75-A-117 Residential RP District 75D-4-4-109 Residential RP District 75D-4-4-110 Residential RP District 75D-4-4-111 Residential RP District 75D-4-4-137A Open Space RP District 75L-3-1-1A Residential RP District 75L-3-1-8A Residential RP District 75L-3-1-8B Residential RP District 75L-3-1-8C Residential RP District 75L-3-1-9A Residential RP District 75L-3-1-9B Residential RP District 75L-3-2-6C Residential RP District 75L-3-3-77A Open Space RP District 75M-4-3-141A Open Space RP District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The parcels comprising the Tasker Road and Warrior Road Commercial proiect are located in the northwest, southwest and southeast quadrants of this inetrsection (Route 642 and Route 1141). Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Tax Map Parcels 75-((A))-104, 75-((A))-104E, 75-((A))-105D, 75-((A))-105C, 75-((A))- 10513, and 75-((A))-105A Service Districts Magisterial: Shawnee & Opequon High School: Sherando Fire Service: Stephens City Middle School: Aylor Rescue Service: Stephens City Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 31.83± B2 District B2 District 31.83± Total Acreage to be rezoned Note: Proffer Statement Modification Only — No Revisions To Existing Zoning District 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Multi -Family N/A Non -Residential Lots: N/A Mobile Home: N/A Hotel Rooms: N/A Square Footage of Proposed Uses Office: N/A Service Station: N/A Retail: N/A Manufacturing: N/A Restaurant: N/A Warehouse: N/A � I � I � I I I I I I I 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): CL Date: 1 f (o 10�, H. N. FUNKHOUSER & CO. P.O. BOX 2038 WINCHESTER, VIRGINIA 22604 DATE COUNTY 11 N FREDERICK TRE REASUR HE C WILLIAM OfRIIJ.DfJFF jR. P:'ERNITS IOFER P 0 BOX 2-GQl IWINCHESTER, VA 2E6,04 No. 582878 Wachovia Bank, N.A. 201 N. Loudoun St. Va. 2248 Winchester, Va CHECK NO. AMOUNT 582187 II III S8 21137alf" 1:0 S 11,00S1,91: 208 2 10 200 206 111, H. N. FUNKHOUSER & CO. P.O. BOX 2038 WINCHESTER, VIRGINIA 22604 DATE CHECK NO. COUNI''y OF FREDEP * ICK 1REOS-URER THE C. WILLIAM ORNDOFF JR PERMITS tER P () BC -Ix 2:2zlizi WINCHESTER. VA. 2 L, Q, 4 L I'm SIB 30 2611m 1:0 S 0400Sl-,9': 208 2 10 200 206 1114 AUTHORIZED SIGNATURE 68 054 514 No. 583026 Wachovia Bank, N.A. 201 N. Loudoun St. Va. 2248 1 Winchester, Va I AMOUNT $ ltlizl. 01-11 AUTHORIZED SIGNATURE � I I I Special Limited Power of Attorney Form Co Special Limited Power of Attorney County of Frederick, Virginia Frederick Platming Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jasbo, Inc. (Phone) (540) 869-1800 (Address) PO Box 480, Stephens City, VA 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book No. 634 on Page 499 Deed Book No. 922 on Page 875, and is described as Parcel: 75 Lot: 104 Block: A Section: Subdivision: Parcel: 75 Lot: 104E Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of 0(-4., 200_L� Signature(s) of irgini , Cit Count ofljet�y1, 30-wit: I, `l;/lytra L •Meb6o, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ac wledged the same before me in the jurisdiction aforesaid this IN411 day of W , 200 � 'Y\�ttQ I ► �Q,�i� My Commission Expires: F Y . gj2-608 Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Phone 540-665-5651 Facsimile 540-665-6395 (Address) PO Box 3538, Gastonia, NC 28054 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by 050015374 on Page and is described as Parcel: 75 Lot: 105D Block: A Section: do hereby make, constitute and appoint: (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 'Z, 1G,day of , 200, r_ State of N40nia; City/County ofg�'AYTo-wit: I, CtO. a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this day of �, 200 (.n �y , l . Q_ A-7kJ _ My Commission Expires: �t� 61 Notary Public &, 0 Y�rhtr� � Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) H.N. Funkhouser & Co., Inc. (Phone) (540) 662-9000 (Address) PO Box 2038, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050023431 on Page and is described as Parcel: 75 Lot: 105C Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I ( Signature(s) my (our) hand and seal this --a day of oL 200 A Virginia, City/County of , To -wit: I, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who si ed to the fo - going instrument and who I (are) known to me, personally appeared before me and has ac owledged the sa b5 fore me in the jurisdiction aforesaid this day of , 200�. I My Commission Expires: D_7 No try Public �1 L Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.coftederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) TREYBULCOMPANY, LC (Phone) (540) 662-5792 (Address) 116 South Stewart Street Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050008205 on Page and is described as Parcel: 75 Lot: 105B Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: �,� ► Lc57 This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I Signature(s) set my (our) hand and seal this �b day of(%�_I, 200� of Virginia, City/County of , To -wit: I'd-M Lb— 1' ✓��5, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has n ae oac owled e the same before me in the jurisdiction aforesaid this 19 day of Oc* , 200 10 A" My Commission Expires: ID,� �) N t ry Public r� 1 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.vams Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Sheet, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Ervin Properties, LLC (Phone) (540) 722-9799 (Address) 1830 Plaza Drive Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050008207 on Page , and is described as Parcel: 75 Lot: 105A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: ® Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) Signature(s) seal this ?d day of 0c� , 2000C, State of Virginia, City/County of , To -wit: ;; W-e,,, 4r I, - �� �.- G," ,-dam- , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before e and has acknowledged the same before me in the jurisdiction aforesaid thisO'�day of ��ut,vf, 200. 2�- - My Commission Expires: Notary''ublid v i 1 I � I � I I I Location Map Exhibits . ■r F\ ae „� ,_ {r.:may . ♦. �y✓�r .� _ •Y.1*.4rr,�'�!'� .�i 'Y�' ! ��� t� \ `9411 (s �'+` -•�,"" "Ix3 �� ® A glUq��y ' `7. w iIle i.: j►... ` _' , * .' �r ?:. "+ i 'r.,,. 'y, - k4f �•�r' �a1► ; '�1 l� �*f� a <<�DR � `� � �;oP . �`� � g;,�� '.. VV.ems, Aerial Overview oc f Q' q` GJ�!� �Gi �Z s r :, ^ W r r y O• U<C q s o S ul Z vpWA I� q� z PRES i' �;y Air RF�.N ?� z • _�� o '`. �.;!► ��It ��a IIMM +• t C7 F3Q ,rz 1 ' _7ALAMOREDR i / iv i E to �^ <fa�, MqC�' d ,f~ ale'. — r, r ,sees 1� i ( a S M'n. Dp%C/1URC 3~ `Z g E LU XX �-W Cr. x F pQ/N� �. q1 '� UP f Apar A VLO tp 4, o it •''VIP Mom- AMAMACEDOHA CH� p H RcC •c� T, 6� iggygER a: 1' LONG CT Q t . a 1111W E �>�`�•r SUFFGLKCIR aQ� `*'� . `. T14SKER_ V d 11, t BAmosr r1 t L rri' a , C L 0 >-` t•y EY•pl L �`(N - CEDARMOUN7AINDq'.. 0 M P P1 #� — ... - / 'W N71 CT _ �.�� 4gOC�,, Al i t - ,``, JW`FISHER 99 ' a •�� r..' >�y i . f �1j�►' 1 r .� ' • ;_ ��` �' ,� r y jai 's, f , W Iq Air rIr s t ., _R;a 4% - ,+ S_1% !',.- •.t .:,, Q00 , 1 JP QO ` �' ,I^"F�+` • �Q F•' w Yr Kam• "� r 1•' , f k _ A eU ,� 04,Q �� �P s '� _ u k RHSFOR 1! �t - t v�4i, r►BALLS BLUFF WY-1�`gr Q f�. ~ ti /�Vf �' UP 2 1e'O�O Q, �.� �OOp qea , OQyS �'l y ! \> U ~ m t Moi \�Q' p�aG �. { `' W Q Z • -.. iz wff Ry�P _ O �t K, > — � F -�` 2� " - .. ln• , ', Y • ��' y�p1W l 0 0 agNk !, - , X Oq � mac, � 4 .}:,�, � " ;�°,o -�" ' . =. � `i'• � ��__ , � Q`�P` T • �...;� ' �,t\ O > o W_4v r 9) ''ee l` K / �°: a. } " �. �, Q Q Z O LL 40 U aR w Legend ^ �' 4Q,. i ��° t. • 06 ui Q = w a LO R _•^{T ` T Subject Parcels Feet Ir 06 ui o x' ti•• Parcel Boundaries J 500 250 0 500 1,000 W 00� `L o ., ♦�O� A f U d N W A&I'"vim ' d H Q : 0 o vvi ap Data Source: Frederick County, Va. GIS Department, 2006 Data C Co . lei o19` ON7 Subject Parcels cq URE/ // Q` O CAU \S��A UO 02 J ZID �\ OAK' Parcel Boundaries Zoning -, B2 (Business, General District) J RA (Rural Areas District) RP (Residential Performance District) Location and Zoning Map z '1� n x URCH R� o K FyfRNFCT BY BERR Rp 0 z �g N� PRESTWICK LN z� 'S O / A, S TAL`p uoRE OR ( `rl oI f \Q` \\ P � C!O ° -C.) a >' Y�MACEDONIq C HURCH RD -LUCY LONG- -r a > I � y 1 9Q TASKER RD N m QN CEDAR MOUNTAIN DR T—Q FOgO /� FISHERS HILL CT 2 � v � Q �O \ Z U O E O U cc O 06 cc O Y In H i r w u. Q I4 O N C CU C O CU U O J H w J U o Q UIr C �_ } W O Q o w z � O a a < CCC7 U) 0 ubject Parcels Cr oZ z ON >�o CO Tgs��9 IC Cr < z V '9p Cr z W O L m Q° � O Z Y PS = a C D U Cc cn ad W p R S� 277 Y J z O= M LL O cL> 52 O o NLij w 0 o uvi it 7 L 1 I Proffer Statement L ITasker Road and Warrior Road Commercial Rezoning October 17, 2006 TASKER ROAD AND WARRIOR ROAD COMMERCIAL PROFFER STATEMENT REZONING: RZ# B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers PROPERTY: 31.83 acres +/-; Tax Parcels #75-((A))-104; 75-((A))-104E; 75-((A))-105A; 75-((A))- 105B; 75-((A))-105C; and 75-((A))-105D (here -in after the "Property") 1 RECORD OWNER: Jasbo, Inc.; JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC I I APPLICANT: Jasbo, Inc.; JEM VII, LLC; H.N. Funkhouser & Co.; Treybul Company, LC, Ervin Properties, LLC (here -in after the "Applicants") I I PROJECT NAME: Tasker Road and Warrior Road Commercial ORIGINAL DATE OF PROFFERS: REVISION DATE: Preliminary Matters April 8, 1998 October 17, 2006 Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Applicants hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 31.83± acres from the B-2, Business General District with Proffers to establish 31.83± acres of B-2, Business General District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this Applicant and their legal successors, heirs, or assigns. ' The Property, more particularly described as the lands owned by Jasbo, Inc., JEM VII, LLC, H.N. Funkhouser & Co., Treybul Company, LC, and Ervin Properties, LLC being all of Tax Map Parcels 75-((A))-104, 75-((A))-104E, 75-((A))-105A, 75-((A))-105B, 75-((A))-105C, and 75- ' ((A))-105D and further described by Deed Book 634 Page 499, Deed Book 922 Page 875, Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008207, and Instrument Number 050008205. ' File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 PROFFER STATEMENT Transportation Improvements to Offset Impact of Development The Applicants hereby proffer that a traffic impact study will be conducted using VDOT procedures for each site at development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the Applicants as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The Applicants hereby proffer to restrict the use of the Property by not allowing the following uses: Automotive Dealers Gasoline service stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges and miniature golf courses Batting Cages Membership Organizations Civic, Social, and Fraternal organizations Funeral homes and crematoriums Drive-in theaters Restricted Hours of Operation The Applicants hereby proffer to restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. File #4806/EAW Greenway Engineering ' Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Jasbo, Inc. By: yJ 4. . ln- 1 g- Qb— Be e ley B. Shoemaker, President Date Commonwealth of Virginia, City/ ounty , f To Wit: The foregoing instrument was acknowledged before me this ��lay of 200(,by &yerrley B. Shoemaker, Prestdeo - Notary Public My Commission Expires (-p-lona.n-I LEI Z�l� File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: JEM VII, LLC James E. Martin, Manager Date ZA"-U NG Commonwealth of V�n�ia`, C-ity/Countyoft�st�ltl To Wit: The foregoing instrument was acknowledged before me thi@0-4) day of t 20 � tO by J � `) u- & �"'z `` ''�� \ "Notary Public My Commission Expires File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: H.N. Funkhouser, Co. By: l P j/ Robert W C ytor, President Date Commonwealth of Virginia, City/CZTmty of To Wit: The foregoing instrument was acknowledged before me this (� day of r '�" ) a) 4aao - ' Notar Public My Commission Expires I File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Treybul Company, LC Commonwealth of ,V"irrginia, City/County of Uy I nC'h e-5 tom►' To Wit: Date The foregoing instrument was acknowledged before me this day of UC-* 206-by \Jdhn C • �--w ( S My Commission Expires i o 131 - 0 2 N& ry ublic File #4806/EAW Greenway Engineering Tasker Road and Warrior Road Commercial Rezoning October 17, 2006 Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Ervin Properties, LLC By: — me)Xle- David A. Ervin, Pit Date Commonwealth of Virginia, City/Eounty of L,, h IN C;.�<' AAec To Wit: �1 The foregoing instrument was acknowledged before me this z(_W `day of �_ �;t[:) �:-1e r\ r-"\ r, - Not y Public My Commission Expires `> I I I b I File #4806/EAW Greenway Engineering Property Deed Information Real Estate Pablic Inqinri) Ticket Detail 2006 REAL ESTATE TAXES Departanent# : FRE2006 Ticket #: ( 169 990001 FRQ:�1- Sup#: — �--_---_--_ Name: ---_- --__---�-- Account#: 4165 _J_A_SBO, __--------- Name `ane 2: --T--.�----_-__-- 75 104 i— Address: Description: F08 ACRES PO BOX 480 �STEPHENS CITY, VA [22655 Bill Date: ;06105/2006 Due Date: 06/05/2006 Land: $921,300 Improve: ; Use: — Original Bill: F $2,418.42 Payments: I $2,418.42- Acres: 5.8 Penalty Paid:F— — Int Paid: ; Discount: (—^— Amount Owed:_ Other: Last Date: 05/18/2006 Total Owed: j Penalty: Interest: F — Note that it pk ment has been received within the last 10 business days. any returned items may not be posted at this time. I'lease check the website again. ,z1;.,.,,°ti.., 6/5/2006 Charge 0 $2,418.42 $2,418.42 5/18/2006 Payment 11409 ($2,418.42) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous littps://wwr�w.co.frederick.N,a.us/applications/REPublicIilquiry/VieN,rDetail.aspx 10/17/2006 Real Estate Public h7quiry, Ticket k t Detall 2006 REAL ESTATE TAXES Department# : (RE2006 Ticket #: 170000001 FRQ:`1 Sup#: [0 JASBO, INC _ Account#: I38499 Name 2: ( Map#: 75 A 104E Address: — — _ — Description: F6.025 ACRES !PO BOX 480 -- __---------- __ _..--- ---- i--- — - -_ — — — _ - --- — ------------- - STEPHENS CITY, VA 22655 Bill Date: 06/05/2006 — Due Date: 106/05/2006 Land: ( $961,200 Improve: 'I Use: ( Ori;inal Bill:--$2,523.15 payments: ! $2,523.15- Acres: F 16.2 Penalty Paid: _ Int Paid: Discount: �y Amount Owed: Other: Last Date: 1 — 05/18/2006 Total Owed: Penalty: ► Interest: F - Note that if payment has been received within [lie last 10 business days, any returned items may not be posted at this time. Please check the vvebsite again. YaifitE; 1>, .:'?(.?'ti✓„tail; .. rk3iEt36.:S1; 6/5/2006 Charge 0 $2,523.15 $2,523.15 5/13/2006 Payment 11409 ($2,523.15) $0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://wv-rw.co.frederick.va.tts/applications/P\-E PublicInquiry/ViewDetail.aspx 10/17/2006 t Real Esiale Public Ticket t Delall 2006 REAL ESTATE TAXES Department# RE2006 Ticket #: I 101180001 FRQ:(1^ Sup#: (0 Name: ERVIN PROPERTIES, LLC Account#:;42673 175 A 105A Name 2: �__ Map#: 1 --- Address- i Description: �3.25 ACRES i1830 WPLAZA DR (WINCHESTER, VA �22601 Bill Date: ,06/� 05/2�06 Due Date: 106/05/2006 Land: $707,900 Improve: i Use: r- Original Bill: $1,858.24 Payments: j $1,858.24- Acres: _ 3.25 Penalty Paidd Int Paid: Discount: Amount Owed:---- Other: Last Date: 06/07/2006 Total Owed: F — Penalty: j _ Interest: j 'dote that if payment has been received within the last 10 business days., any returned items may not be posted at this time. Please check the website again. 6/'5/2006 Charge 0 $1,858.24 $1,858.24 6/7/2006 Payment 18667 ($1,858.24) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.Frederick.va.us/applications/1Z1 PLibllcingLltrj,/VicwDetaiL:.tsps 10/17/2006 M M, T M M M M M M M M M ;'�t. , R-1�ul Emile Public IYIC uir); 'Ticket Detall 2006 REAL ESTATE TAXES Department# : 1RE2006 Ticket #: [365590001 F RO)J1 Sup#: (0- - _--.._..... _........ -.. ----- Name: TREYBULCOMPANY, LC Account#:143901 Name 2: -- -- -- —��— Map#: 175 A 105B Address: 1Description: SLOT 2 2.00 ACRES 16 S STEWART ST [WINCHESTER, VA 22601 — Bill Date: 106105/2006 Due Date: 106/0512006 Land: $435,600 Improve: Use: C)riainal6iIt:( $1,143.45 Payments: i $1,143.45- Acres: , 2.0 -- — Penalty Paidd Int Paid: Discount: (� Amount Owed:1 Other: I Last Date: Total Owed: i —� Penalty: I Interest: 1 Note that if'payment has been received within the last 10 bUSiness days, any returned items may not be posted at this time. Please check the S%.—cbslte a. alil. 6/5/2006 Charge 0 $1,143.45 $1,143.45 5%10./2006 Payment 73827 ($1.143.45) $0.00 1 IlUse the print key for your browser to print a copy of taxes paid for this year. New Search I Previous littps://ww\\,.co.Irederick.\,a.us/applications/P.-E-PLiblicInquiry/VlcwDetail_aspx 10/ 17/2006 Real ESla to Pubhe Inquit,-v Tickel Delall 2006 (ZEAL ESTATE TAXES Department# : iRE 002 6 Ticket #: F 13 261 0001 1� IZQ:I1 S1,p#:'0--- Name; jH N FUNKHOUSER & CO, INC Account#: j43902— Name 2: Map#: V5 A 105C Address: I Description: iLOT 3 3.11 ACRES ,PO BOX 2038i_�_-- IWINCHESTER, VA _ P2604 F— — Bill Date: 06/05/2006 Due Date: 106/05/2006 Land: $677,400 Improve: Use: j Original Bill:' $1 778.18 I>ayments: j -- $1,778.18- acres; I 3.11 Penalty Paid: Int Paid: (� Discount: Amount Owed: Other: Last Date: 05/24/2006 Total Owed:—'--' Penalty: Interest: Note that if payment has been received within the last 10 business days, any reuirrled items may not be posted at this time. Please check the 4vebsite again. 2 hsi4, - tij i. ,i•iii i.l ., wEii�+titiE %++:is..•. �. 6/5/2006 Charge 0 $1,778.18 $1,778.18 5.!24'2006 Payment 12354 ($1,778, l 8) $0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search, Previous J 1lttps://N.\-w%\.co.frederick.va.11slapplicatioiis/REPublicingttiry/ViewDetaiLaspx I0/I7/?006 Rea/Estate Public Ij?cmi y Ticket Detci1/ 2006 REAL ESTATE TAXES Department# : RE2Ticket # 006 : 1 170580001 FRQ:F1 Sup#: 10 1 Name; ;JEM VIIlLLC ____ -- Account#:143903-- 75 A 105D Name 2: ---_.___._ 1VIap#: �----_--- __......._.__.__.__....._.__._._____.—__._._____ ..___ ._._....._.................... ........ ...... ........... ____.__.._ — LOT 4 2.37 ACRES Address: I Description: PBX 5j r..O—.-_O_.—.338 _ GASTONIA, NC 28054 Bill Date: 106/0512006 Due Date: 106/0512006 Land: $516,200 Improve: J Use: 1 Original Bill: $1,355.03 Payments: F $1,355.03- Acres: F 2.37 Penalty Paid:i Int Paid: Discount: ._._.- Amount Owed:l-----_._.__.—._. ....... Other: Last Date: 05/09/2006 Total Owed: ( Penalty:----- Interest: Note that ifpayment has been received within the last 10 bUSlness bays, any returned items may not be posted at this time. Please check the website again. 7. 6/5/2006 Charge 0 $1,355.03 $1,355.03 5/9/2006 Payment 72383 ($1,355.03) S0.00 I Use the print key for your browser to print a copy of taxes paid for this year. New Search i Previous https://�',�� �� .co.fr�dc:ricl:.va.us/applications/RLPublicln�luiry/Vi��rDctaiLaspx 10/17/2006 Taxes Paid Statements 1 � I � I wAnwsoH a JOHMTON ATr WW"AT 1AW V WCHESTM VWA MM I I �1� 8K922PG0815 THIS DEED OF SUBDIVISION, made and dated this 0?— _ day of )vember, 1998, by and between JASBO, INC., a Virginia Drporation, hereinafter referred to as "JASBO". WHEREAS, Jasbo is the owner of certain property lying and eing situate in Opequon Magisterial District, Frederick County, irginia, having acquired the same by deed dated December 16, 986, and recorded in the Office of the Clerk of the Circuit ourt of Frederick County, Virginia, in Deed Book 634 at Page 99; and WHEREAS, Jasbo desires to subdivide said property and has secured the approval of Frederick County, Virginia, to do so. NOW, THEREFORE, THIS DEED OF SUBDIVISION WITNESSETH: That .or and in considerAtion of the premises and the benefits which Nill accrue by reason of this subdivision, Jasbo does hereby subdivide, from a larger tract of land acquired as aforesaid, that certain parcel of land as more particularly shown on that Certain plat entitled "Plat Showing 17.5836 Acres standing in the name of Jasbo, Inc.", made by P. Duane Brown, L.S., dated ovember 11, 1998, attached hereto and made a part hereof. This Subdivision as shown on the aforesaid attached plat is ith the free consent and in accordance with the desires of the ndersigned. WITNESS the following signature and seal: JA BO, INC. a Virginia Corporation By ( SEAL) J me L. Bowman, President 75-/A -I0y"L:�':- I I I ®.I K&AWSM a JOHNS N ATTORNEYS AT LAW VMCMEMAVAMM 5922K0816 OF VIRGINIA, AT LARGE, OF (,(ATo-wit : Che foregoing instrument was acknowledged before me this 1 _ day of November, 1998, by James L. Bowman, President o Inc., a Virginia Corporation, on behalf of said ration. My commission expires a -2- o ary Public ' 81(922?G0877 FINAL PLAT. 17.5836 ACRES standing in the name of ' JASBU, INC. Ooeauon Magisterial District Frederick SITE'---,,4 0 Frederick County Zoning Admh/strator • - Date f��23` %8 OWNER'S CERTIFICATE The abo and foregoing subdivision of land, as appears in the accompanying plot, is with a free consent and in accordance with the desires of the undersigned o ers, pr and trustees, i/ any. Dote NOTARY PUBLIC I Jenifer D. WMiam . a Notary Public in and for the State of Virginia, at large, do certify that James L. Bowman as President 'Qf .TASbQ- Tm_ __ whose name is signed to the foregoing Owner's Certificate, has acknowledged the some before me in my state. Given under my hand this 16th day of 1998. My commission expires nn r r SURVEYOR'S MITIFICATE I hereby certify that the land contained herein is a portion of the land conveyed to JASBO, INC. Bowman and Mary Jane Bowman by deed dated December 16, 1986, sold deed from James L recorded in the office of the Clerk of the Circuit Court of Frederick County, "inia in Deed B ook 04 at page 499. P. Duane Brown, L.S. The proper!y represented hereinisa pportion of the property Frederick County Tax Map 15((A)) as Parcel 104. shown on D/9y DATE NOVEMBER 11, 1998 COVFlEjk WAR B2ZONE DWG gibert w. dWord ✓k associates, bc- SHEET ENW*Mts — LAND PI-AlNNERS — SURVEYORS100-C am Orwn�ffi Ddw o� � OF 2Zg1oxhodw.2 1104pb+M !� es7-� 499 BMB:fmcl 503S-A 11/16/9G a — IT -- w ww m c.. x o -+ ex �+ o ed� ae+ o N r M C to o.•• 0 00 ►, � U 6O u we 0a ,ea h w Y #7801 JAMES L. BOWMAN ET. UX. TO DEED * I JAShO, INC. e1;63h 9 9 THIS DEED stAde and dated this 16th day of December, 1986, by an-' between JAMES L. BOWMAN and MARY JANE BOWMAN, his wife, By JAMES L. BOWMAN, her attorney in fact under I Power of Attorney dated March 25, 1983 , hereinafter called the Grantors, and JASBO, Inc., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WI:NESSETH: That for and in consideration of the sum of Ten 1$10.00) Dollars, ca4h in hand paid, and other good and valuable consideration, the receipt of whir.h is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, all those certain tracts or parcels of land, lying mostly in Frederick County, Virginia, and partially in Clarke is, �esrribed as foYivws:—__— - -- PARCEL ONE: All those certain lots lying and being situate in Opequon Magisterial District, Frederick County, Virginia, being designated lots 1 through 137, inclusive, of Nottoway Subdivision, Section Two, as the sane appears on the plat of said subdivision of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 632, at Page 510, and being a portion of the same land conveyed to James L. Bowman by deeds dated December 5, 1949 from Joseph A. Massie, Jr., at al, Special Coam,issioners, u' record in the aforesaid Clerk's Office_ i., Deed Book 213 I at Page 73 and by deed dated Marc.. 8, 1972, from Robert K. woltz,et ux, of record in the aforesaid Clerk's Office in Deed Book 367 at Page 497. ~ PARCEL TWO: All that certain tract of land, located Northeast of Stephens City, in Opequon Magisterial District, Frederick County, Virginia, containing 93 acres, more or less, and being a portion of the same land conveyed to James L. Bowman by deed dated March 21, 1968, from Edward Nicholson, at ux, of record in the aforesaid Clerk's Office i_i Dead Book "140 at Page 205. r tt. tr PARCEL THREE% All that ssR �tccqe�� or beds M. Dte on . parcel o• land, lying &A the North side of Senseny Road, Shawnee Magisterial District, Frederick County, Z. Virginia, containing 7.312 acres, more or �. less, and being the same property conveyed to James L..Bowman by deed dated June 29, S' 1982, from Fredericktowne Company, of record in the aforesaid Clerk's Office `v- in Deed Book 5b0 at Page 799. i PARCEL FOUR: All that certain tract of land lying and being situate in Opequon Magisterial District, just west of U. 5- Highway No. 522, containing 139.9 acres, more or less, and being a portion of the same land conveyed to James L. Bowman from David S. Whitacre, et al, Special Commis- sioners, by deed dated March 25, 1983, of record in the aforesaid Clerk's Office in :,. Deed Book 557 at Page 712. PARCEL FIVE: All thit certain tract or parcel of land lying and being situate in "• ;.. the Town of Stephens City, Opequon Magis- terial District, Frederick County, Virginia, -- -dceignateWas the plan of the Town of Stephens City and more par- ticularly described as fronting on the East side of Main Street for a distance of 82.5 feet, more or less, and extending back in direction for a distance of s: an easternly 250 feet, more or less, with an even width, r and having a width in the rear of 82.5 feet on Mulberry Street, and being the same land conveyed to James L. Bowman by deed dated - March 16, 1984, from the Commercial and Savings Bank, of record in the aforesaid ` Clerk's Office in Deed Book 572 at Page 981. PARCEL SIX$ All thole certain parcels of land L lying and being sitr,-r in the Town of Stephenr City, Opequon Kagisterial Cia•.r.ict, Frederick County, Virginia, and further aescribed in - -' . the hereinafter mentioned -deed as follows$ Parcel B$ That certain other parcel of land improveZ by two-story storeroom building, and other buildings, located on a lot 48 feet x. 125 feet, and located on the Nest side of Main Street, in Stephens City, t _ Virginia, and being a part of the original :.: Bucher property. Parcel F$ That certain other lot of land ��ed on the East side of Green Street, r? in Stephens City, Virginia, which lot fronts 70 feet on Green Street, and extends East for a depth of 90 feet, and being also a of the original Robertson property.'; part and being a portion of the same property con- veyed to Jamey L. Bowman by deed dated May 11, 1981, from Joan E. Lemley, divorced, et al, of =_. record in the aforesaid Clerk's Office in Deed Book 536 at Page 371. -2- W Y: 501 �Jm BC663krG501 PARCEL SEVEN: Aj1 of that parcel of lend located on the North side of State High- way No. 277, about one-half (1/2) mile East of Stephens City, in Opequon Magis- terial District, Frederick County, Vir- ginia, containing 1.553 acres, more or less; and being the same property conveyed to James L. Bowman by deed dated May 13, 1977, from Simone J. Gatos, et vir, of record in the aforesaid Clerk's Office in Deed Book 473 at Page 575. PARCEL EIGHT: An undivided one-half interest in that certain tract of land on the South side of Virginia Secondary Highway No. 277, approximately four (4) miles East of Stephens City, in Opcquon Magisterial District, Frcderick County, Virginia, containing 143 acres, more or less, bounded by Apperson on the West, Rust on the South, Sandy on the East and the lots known as the 'Clark Survey' on the North, now owned by Eruna Beryl Walker, Bertie Clark, Gladys Cornwell and Ruby Madigan, and being the same property a one-half interest in which was conveyed to James L. Bowman by deed dated October 30, 1973, from William A. Johnston, et al, Trustees, of record in the'aforeaal-d Clerk's Office in Deed Book 421 at Page 606. PARCEL NINE: All of that certain lot or parcel of land, lying and being situate in the Town of Stephens City, Virginia, on the Northwest corner of Main Street and Martin Street, and more particularly described by plat and survey of J. R. Nicely, C.L.S., dated March 9, 19721 and being the same land convoyed to James L. Bowman by deed dated December 19, 1964, of record in the aforesaid Clerk's Office in Deed Book 587 at Pag: 19. PARCEL Tall: All those two certain lots of land in Baca. C_^ 11 Magisterial District, more particularly designated as Lot 6, Block H, Section 5, and Lot 8, Block H, Section 5, Wilde Acres Subdivision, as the same 13 duly dedicated and recorded among the land records of Frederick County, Virginia, in Deed Book 250 at Page 127, and the Plat of which is recorded at Page 10, in Wilde Acres Plat Book go. 11 and being the acme property con- veyed to James L. Bowman by deed dated May 1, 1982, from Ruby T. Smith, widow, of record in the aforesaid Clerk's Office in Deed Book 547 at Paga 265. -3- Alp cry+t I P. .tA 3r; BK634Pc502 PARCEL ELEVENt An undivided one-half interest in that certain tract of lard lying and being situate mostly in Opequon Magisterial District, Frederick County, Virginia, and partially in Greenway Magisterial District, Clarke County, Virginia, fronting on the West side of Route 522 South of Double Toll Gate and North of Ninevah, k.n^wn as 't'heatland', bounded on the North by the Will Chamblin Estate property, Ray!sond Sandy, Dc-iald Patton and Milton Apperson, on the West by Clarence Campbell and others and on the South by Norman Tolkan and others, and containing 817 '.7res, more or less, and being a portion of the same property a one-half undivided interest in which was conveyed to James L. Bowman by deeds dated September 3, 1971 from Frances C. Jett, widow, et al, of record in the aforesaid Clerk's Office in Deed Book 382 at Page 231 and by deed dated November 30, 1971 from Helen C. Rust, et vir, of record in the aforesaid Clerk's Office in Deed Book 385 at Page 302. PARCEL TWELVE: All that certain lot of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 10,704 square feet, designated Parcel D on plat drawn by H. Bruce Edens dated November 19, 1986, of record in the aforesaid Clerk's Office in Deed Book 633 at Page 110; and being t%e remaining portion of land conveyed t James L. Bowman by deed dated November 1, I7V , from Robert F. Bralthwaitc, ct ux, of rec-�)rd in the aforesaid Clerk's Office in Deed Boon. :;53 at Page 717. PARCEL THIRTEEN: A one-half undivided interest in all those certain tracts or ,,. parcels of land, lying and being situate in the Town of Stephens City, Opequon and Back Creek Magisterial Districts, Frederick County, Virginia, together with the rights, rights of way and appurtenances ' thereunto belonging containing 252.413 acres in the aggregate and being the remainder of the tracts of land conveyed to James L. Bowman and Shen -Valley Lime Corporation by deed dated September 30, 1983, from The Flintkote Company, a Delaware Corporation, of record in the aforesaid Clerk's office in Deed Book 566 at Page 517. -4- s I -7S- R - 10SD \�j N C OVA 1RRISON 8 JOHNSTON PLC TTORNEYS AT LAW INCIIESTER VIRGINIA I I 050015274 THIS DEED, made this 6 day of , 2005, between JEM X. LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor, and JEM VII, LLC, a North Carolina limited liability company, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with general warranty of title, unto the Grantee, in fee simple, the following described property All of those certain tracts or parcels of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0 20 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and designated as Lot 3 (contaimng 3 1126 acres TM 75-A-105A) and Lot 4 (contaimng 2 3666 acres TM 75-A-105A) on the Final Plat of Subdivision of the Land of JEM X, LLC, made by Elliott Ritchie, Jr, Land Surveyor And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.0 , a Virginia limited liability company, dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No 050008204 This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging 0 I I 'RISON 6 JOHNSTON PLC IFTORNEYS AT LAW CHESTER VIRGINIA I I 11- 11 O La AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 2 00 acres, more or less, situated immediately adjacent to the property on the northeast, and being that property conveyed by the Grantor herein to Treybul, LLC, a Virginia limited liability company, by deed dated April 19, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No (-,'5000 YY,)-C-5-such easement being linuted to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia as more fully set forth in the aforesaid deed AND FURTHER, this conveyance is made subject to the following restriction as to use of Lot 3, which shall run with the property, for a period of twenty-five (25) years from the date of this deed The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount "99 cents" store or "dollar" store which sells general merchandise (a "Dollar Store") Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed -2- WTTNESS the following signature and seal. JEM X, LLC , a North Carolina Limited Liability Company By .�o..„�„r L (SEAL) James E Martin, Member / Manager STATE OF NORTH CAR LINA, AT LARGE, CITY/COUNTY OF , To -wit The foregoing instrument was acknowledged before me this day of 2005, by James E Martin, as Manager/Member of JEM X LLC, rth arolma Linuted Liabili Company n behalf of said Company My commission expires c��d5� (SEAL) Notary Public NOTARIAL SEAL U A>I , > t . IAWISON 8.p1-MJSTON PL ORN' AT UW C TT NCNESTER VIRGINIA I I I I VIRGINIA FREDL•RICKCOUNTY. SCT. This instruinent of writing was prod-ed to me on w,•L cvvli..uu ^i nC}.nowlr.Igrn enI 11I.JC , nhhO ' rat ZdmittrJ t.I record. r I,y :W;:, iti 1-411; of g ,and 58.1.90J ht+vc Th7cii mild. It , srpnaUle 4e,4 . Quk Is- P,-)oSC_ ' O50023431 THIS DEED, made this day of , 2005, between JEM VII. LLC, A North Carolina limited liability company, of the one part, ' hereinafter called the Grantor, and H. N. FUNKHOUSER & CO., INC, a Virginia Corporation, of the other part, hereinafter called the Grantee. 0 tv WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt and sufficiency of ' which is hereby acknowledged, the Grantor does grant and convey, with general � �O warranty of title, unto the Grantee, in fee simple, the following described property: 1 All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.20 miles southwest of the intersection of Tasker Road, P in O e9uon Magisterial District, Frederick County, Virginia, ag ' being designated as Lot 3, containing 3.1126 acres, as more fully set forth on that certain Recordation of Plat and Deed of Easement dated August 24, 2005 ' o 'SC) made by JEM VII, LLC, a North Carolina Limited Liability Company, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No 050019185 TAX MAP NUMBER 75-A-105A And being the same land which was conveyed to the Grantor herein by deed U from JEM X, LLC, a North Carolina Limited Liability Company dated July 8, 2005 and recorded in the aforesaid Clerk's Office as Instrument No. 050015374. This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store") Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed WITNESS the following signature and seal: JEM VII, LLC , a North Carolina Limited Liability Company By: %Z--� c(SEAL) James E. Martin, Member / Manager IL U_ STATE OF NORTH CAROLINA Q10l OF To -wit: The foregoing instrument was acknowledged before me this �Z h day of Qom, , 2005, by James E. Martin, as Manager/Member of JEM VIII, LLC, North Carolina Limited Liability Company, on behalf of said Company f' My commission expires 11- h aoq (SEAL) Notary Public UitI. .u• k oriiiil,?. V1RUINIA. FREDERICK COUNTY. SCT 'Ihls iizbtnitnent of writing was produced to Mr - at em�therctoxcdand with oertficate of aoknowledgc 58.1-802 of was adnntted to reoord T imposed by S< land 58.1.801 have been paid, if weessable Cla'k �q� � I � I � I ' � o V v {ARRISON & JOHN5TORPLI ATTORNEYS AT LAW WNCHESTER. ARGINiA 0 050008205 THIS DEED, made this 19' day of April, 2005, between JEM X. LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor; and TREYBULCOMPANY, LC, a Virginia limited liability company, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property: All of that certain tract or parcel of land,together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.13 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and beginning at a point in the east line of Warrior Drive, a comer with a 3.2464 acre tract; thence running with the said east line of Warrior Drive N 46' 45' 01" E, 297.55 feet to a point; thence along the arc of a curve to the right 20.39 feet, said curve having a radius of 702.50 feet, a delta angle of 01' 39' 46", a chord bearing of N 47' 34' 54" E, and a chord distance of 320.39 feet to a point; thence leaving the said east line of Warrior Drive and running with a new division line through the land of Bowman and Glaize, L.C. S 41' 35' 13" E, 279.65 feet to a point in the line of The Ryland Group, Inc.; thence running with the said line of The Ryland Group, Inc. S 57' 29' 55" W, 12.48 feet; thence continuing with the said line of The Ryland Group, Inc. S 46' 45' 01" W, 297.55 feet to a point, a comer with the said 3.2464 acre tract; thence running with the said line of the 3.2464 acre tract N 43' 14' 59" W, 277.50 feet to the beginning and containing 87,121 square feet or 2.0000 acres. And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.C., a Virginia limited liability company, dated April 14, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 3.246 acres, more or less, situated immediately adjacent to the property on the southwest, and being that property conveyed by the Grantor herein to Ervin Properties, LLC, a Virginia limited liability company, by deed dated April 19, -7s- A _ I p5'b ' 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. Q�<,&;6 q -(hereinafter referred to as the "Ervin ' Property"), and accessing the property from that certain tract or parcel of land containing 5.487 acres, more or less, situated immediately adjacent to the property on the northeast, ' and being a portion of that property conveyed by Bowman and Glaize, L.C., a Virginia limited liability company, to the Grantor herein by deed dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. QS:"Y%t) (hereinafter referred to as the (JEM X Property'l, such easement being limited to travel by such pedestrians and vehicles only upon those traffic 1 routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia. The Grantee shall be responsible for the maintenance of ithis easement so as to maintain continuous and free access of pedestrians and vehicles, as limited herein, to Warrior Drive, the Ervin Property and the JEM X Property in perpetuity and for the benefit of the Ervin Property and the JEM X Property. This easement shall run with the land. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property ' to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store"). Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar. A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to Arswsoa aJofrasroN,aLc reinstitute or republish any restrictions of record that may have expired or lapsed. ATTONNEYS AT LAW WINCHESTEK VIRUN A o N co ' WITNESS the following signature and seal: JEM X, LLC., A NORTH CAROLINA LIlvIITED LIABILITY COMPANY ' By; 1 STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: ' The foregoing instrument was acknowledged before me this day of , 2005 by � rF (Y)A as Marra er/Member of JEM X, LLC, A North Carolina Limited Liability Company, on behalf of said Company. ' l My commission expires ' No Public VIRGINIA: FREDERICK COUNTY, SCI: This iwrument of writing was prods to me on —� ' �' — _ &r at l �1 �M• AWRISON &JOHNSTON,PLO and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec, 58.1-802 of ' ATTORNEYS AT tAW WI NCNESTER'VIRO�" .— and 58.1-801 have been, aid P if assessable 4T " 'e".4 ✓Yli Cleric , I I I I '� sl L O� QRRI9oN a "WTGN,Kf 'ATTORNEYS AT lANI wiNcHEsreR, vtRo+Nu 050008207 N I 7 5 - A-105p� w THIS DEED, made this 10 day of April, 2005, between JEM X. LLC, A North Carolina limited liability company, of the one part, hereinafter called the Grantor; and ERVIN PROPERTIES, LLC, a Virginia limited liability company, 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 consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor does grant and convey, with special warranty of title, unto the Grantee, in fee simple, the following described property: All of that certain tract or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate on the east side of Warrior Drive, approximately 0.20 miles southwest of the intersection of Tasker Road and being in Opequon Magisterial District, Frederick County, Virginia, and beginning at a point in the said east line of Warrior Drive, a comer with Jasbo, Inc.; thence running with the said east line of Warrior Drive N. 46 deg. 45' 01" E, 509.61 feet to a point; thence leaving the east line of Warrior Drive and running with a new division line through the land of Bowman and Glaize, L.C. S 43 deg. 14' 59" E, 277.50 feet to a point in the line of The Ryland Group, Inc.; thence running with the said line of The Ryland Group, Inc. and the line of said Jasbo, Inc. S 46 deg. 45' 01" W, 509.61 feet to a point; thence with the line of Jasbo, Inc., N 43 deg. 14' 59" W, 277.50 feet to the beginning, and containing 141,415 square feet or 3.246 acres. And being a portion of the same land which was conveyed to the Grantor herein by deed from Bowman and Glaize, L.C., a Virginia limited liability company, dated April 14, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No� S.20IL1 This property is conveyed together with all rights, rights of way, privileges and appurtenances thereto belonging. AND FURTHER, this conveyance is made subject to an easement for ingress and egress of pedestrians and vehicles accessing the property from that certain tract or parcel of land containing 2.00 acres, more or less, situated immediately adjacent to the property on the northeast, and being that property conveyed by the Grantor herein to Treybul, LLC, a Virginia limited liability company, by deed dated April 19, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as � I � I � I I I I I I I I I I I I I I I 1AW SON S JOHNSTON,PLC ATTORNEYS AT LAW 1 YANCHESTER, MGMIA 0 N tD r-- Instrument No. D,- 'AAO V (hereinafter referred to as the "Treybul Property"), such easement being limited to travel by such pedestrians and vehicles only upon those traffic routes established on the property, from time to time, and only after such time as such traffic routes have actually been constructed on the property, and approved by the County of Frederick, Virginia. The Grantee shall be responsible for the maintenance of this easement so as to maintain continuous and free access of pedestrians and vehicles, as limited herein, to Warrior Drive and the Treybul Property in perpetuity, and for the benefit of the Treybul Property and that property consisting of that certain tract or parcel of land containing 5.487 acres, more or less, situated immediately adjacent to the Treybul Property on the northeast, and being a portion of that property conveyed by Bowman and Glaize, L.C., a Virginia limited liability company, to the Grantor herein by deed dated April 11, 2005 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument No. GLS ^&Lo� . This easement shall run with the land. AND FURTHER, this conveyance is made subject to the following restriction as to use of the property, which shall run with the property, for a period of twenty-five (25) years from the date of this deed. The owner of this property shall not allow the property to be leased or to be used for the purpose of a health and beauty aids store, a pharmacy mail order facility, a drug store, a pharmacy prescription department, and/or a discount 99 cents store or "dollar" store which sells general merchandise (a "Dollar Store"). Examples of a Dollar Store (without limiting such Dollar Stores only to those listed) are stores such as Fred's, Dollar Store, Dollar General, or Family Dollar. A convenience store such as a 7-11 store shall not be deemed a violation of the above covenants. IN ADDITION TO THE FOREGOING, this conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the subject property, provided, however, that the foregoing shall not be deemed in any way to reinstitute or republish any restrictions of record that may have expired or lapsed. � I 1 ARRISON & JOHNSTON,PU ATTORNEYS AT lAW ' WINCRESTER VIR(NNIA WITNESS the following signature and seal: JEM X, LLC., A NORTH CAROLINA LIMITED LIABILITY COMPANY By: A - L +\j (SEAL) STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: Ti The foregoing instrument was acknowledged�efor���'= day of 2005 by ' _ as Mana er/Member of JEM X, LLC, A North Carolina Limited Liability Company, on behalf of said Company. My commission expires �0.p No Public VIRUINIA FREDERICKCOUNTY, SCT. This instrument of writing was produced to me on and with certificate of acknowledgement theret annexed was sapadmitted Pto record. T imposed by Sec 58,1-802 of S LPL._ , and 56.1-801 have been paid, if assemble 4-e 1 44— . Clerk COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 27, 2006 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #16-06 FOR TASKER ROAD AND WARRIOR ROAD PROFFER REVISION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 10, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #16-06 for the Tasker Road and Warrior Road Proffer Revision, submitted by Greenway Engineering, to revise proffers concerning the rezoning of 10.73 acres to B2 (General Business) District. The proffer revision addresses the hours of operation on the property. The properties are located in the southeast quadrant of the intersection of Tasker Road (Route 642) and Warrior Drive (Route 1141), in the Opequon Magisterial District, and are identified by Property Identification Numbers (PINS) 75-A- 105A, 75-A-105B, 75-A-105C, and 75-A-105D Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 75 - A- - 105-A 75 - A- - 102- ERVIN PROPERTIES, LLC WHITACRE, DAVID E 1830 PLAZA DR WINCHESTER, VA 22601 (� 3508 FRONT ROYAL PIKE WINCHESTER, VA 22602.4911 75 - A- - 105-B TREYBULCOMPANY, LC 75 - A- - 103- NICHOLS, LINWOOD T. 116 S STEWART ST 1340 MACEDONIA CHURCH RD WINCHESTER, VA 22601.4108 STEPHENS CITY, VA. 22655.3707 75 - A- - 105-C 75D - 4- 4- 109- H N FUNKHOUSER & CO, INC MURPHY, SARAH B TRUSTEE P 0 BOX 2038 MURPHY, RICHARD A TRUSTEE WINCHESTER, VA 22604 ` PO BOX 125 v OAKTON,VA 22124 75 - A- - 105-D JEM VII, LLC 75D - 4- 4- 110- MAYO, WILLIAM H III P 0 BOX 3538 MAYO, BRENDA G GASTONIA, NC 28054 108 KEVERNE CT STEPHENS CITY, VA 22655 Greenway Engineering 151 Windy Hill Lane &'V Winchester, VA 22602 � 75 - A- - 104 ram(/� L.✓i� / .cL. �� ( , JASBO, INC P 0 BOX 480 Michael T. Ruddy, Deputy Planning Director STEPHENS CITY, VA 22655 Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FR<<EDE1RICCK� I, `P�1ciYYC�/c� �J C�-p-()-(� L , a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Deputy Planning Director for the Department of P1amling and Development, whose name is signed to the foregoing, dated 1'�2;2 7 (� , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 21 My commission expires on ae e day of '�'vo NOTARY PUBLIC 0V 6, 75D - 4.4- 111- 75 A 16 BENITEZ, EDUARDO JASTIfiSKI, JAMES T CARRILLO, LUBIA 112 QUEENS WAY 106 KEVERNE CT STEPHENS CITY, VA STEPHENS CITY, VA 22655 75D - 4.4- 137-A 75M - 2- A- 17- CENTEX HOMES COHEN, ROBERT S 3684 CENTERVIEW DR STE 100 CHANTILLY, VA 20151.3218 114 QUEENS WAY STEPHENS CITY, VA 75L - 3. 1- 1-A WACH, MARIE B 100 BAYBERRY CT STEPHENS CITY, VA 22655.4048 75L - 3- 1. 8-A MILLER, PEGGY C 200 LYNN DR STEPHENS CITY, VA 22655.4054 75L - 3- 1. 8-B MARSH, MILFORD L & LAVONDA L 202 LYNN DR STEPHENS CITY, VA 22655.4054 75L - 3. 1. 9-A OSTRO, LORETTA M 206 LYNN DR STEPHENS CITY, VA 22655.5717 75L - 3- 1. 9-13 FLEMING, THOMAS H FLEMING, BETTY J 208 LYNN DR STEPHENS CITY, VA 22655.4054 75L - 3- 1- 6-C AUTUMN GLEN-FREDERICK COUNTY VA HOMEOWNERS ASSOCIATION, INC 122 BAYBERRY CT STEPHENS CITY, VA 22655.4048 75L - 3- 3- 77-A AUTUMN WOODS, LLC 7705 MAIN ST MIDDLETOWN, VA 22645.9502 75M - 4.3- 141-A THE RYLAND GROUP, INC 4100 MONUMENT CORNER DR, STE 3 FAIRFAX, VA 22030 75M - 1. 1. 42- HARPER, MARILYN K 110 MARYLAND DR STEPHENS CITY, VA 22655.3733 75M - 2- A- 15- BERENS, MATTHEW & FAITH 22655.3734 22655.3734 110 QUEENS WAY STEPHENS CITY, VA 22655-3734 �r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 22, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #16-06 FOR TASKER ROAD AND WARRIOR ROAD PROFFER REVISION On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 6, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 916-06 for the Tasker Road and Warrior Road Proffer Revision, submitted by Greenway Engineering, to revise proffers concerning the rezoning of 31.83 acres to B2 (General Business) District. The proffer revision addresses the hours of operation on the property. The properties are located in the northwest, southwest and southeast quadrants of the intersection of Tasker Road (Route 642) and Warrior Drive (Route 1141), in the Shawnee and Opequon Magisterial Districts, and are identified by Property Identification Numbers (PINS) 75-A-104, 75-A-104E, 75-A-105A, 75-A-105B, 75-A-105C, and 75-A-105D Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, 114 7— Michael T. Ruddy Deputy Planning Director ! 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 r Q `crvvu- U--S 0 0 This is to certify that the attached correspondence was mailed to the following on 1 / �, 0 from the Department of Planning and Development, Frederick County, Virginia: 11 75 - A- - 102- 75 - A- - 104- WHITACRE, DAVID E JASBO, INC P 0 BOX 480 3508 FRONT ROYAL PIKE STEPHENS CITY, VA 22655 WINCHESTER, VA 22602.4911 75 - A- - 105-D 75 - A- - 103- JEM VII, LLC NICHOLS, LINWOOD T. 1340 MACEDONIA CHURCH RD P 0 BOX 3538 STEPHENS CITY, VA. 22655.3707 GASTONIA, NC 28054 v 75D - 4- 4- 109- 75 - A- - 105-C MURPHY, SARAH B TRUSTEE H N FUNKHOUSER & CO, INC MURPHY, RICHARD A TRUSTEE P 0 BOX 2038 PO BOX 125 WINCHESTER, VA 22604 OAKTON,VA 22124 75 - A- - 105-B 75D - 4- 4- 110- TREYBULCOMPANY, LC MAYO, WILLIAM H III 116 S STEWART ST MAYO, BRENDA G 108 KEVERNE CT WINCHESTER, VA 22601.4108 STEPHENS CITY, VA 22655 75 - A- - 105-A ERVIN PROPERTIES, LLC 1830 PLAZA DR WINCHESTER,VA 22601 Greenway Engineering 151 Windy Hill Lane nn Winchester, VA 22602 Michael T. Ruddy, Deputy Planning Dir ctor Frederick County Planning Departme STATE OF VIRGINIA COUNTY OF FREDERICK I, > , ,PiL ✓ , �� , a Notary Public in and for the State and County aforesaid, do o ereby certify that M chael T. Ruddy, Deputy Planning Director for the Department of Planning nd Development, whose name is signed to the foregoing, dated (P , has personally appeared before me and acknowledged the same in my State and Lounty aforesaid. Given under my hand this �,)7 day of My commission expires on ,b6 L CL4'/ NOTARY UBLIC 750 - 4. 4- 111- 75M - 16- BENITEZ, EDUARDO - CARRILLO, LUBIA JASINSKI, JAMES T 106 KEVERNE CT 112 QUEENS WAY STEPHENS CITY, VA 22655 STEPHENS CITY, VA 22655.3734 75D - 4- 4. 137-A CENTEX HOMES 75M - 2- A- 17- 3684 CENTERVIEW DR STE 100 COHEN, ROBERT S CHANTILLY, VA 20151.3218 114 QUEENS WAY STEPHENS CITY, VA 22655.3734 75L - 3. 1• 1-A WACH, MARIE B 100 BAYBERRY CT STEPHENS CITY, VA 22655.4048 75L - 3. 1- 8-A MILLER, PEGGY C 200 LYNN DR STEPHENS CITY, VA 22655.4054 75L - 3- 1- 8-B MARSH, MILFORD L & LAVONDA L 202 LYNN DR STEPHENS CITY, VA 22655.4054 75L - 3. 1. 9-A OSTRO, LORETTA M 206 LYNN DR STEPHENS CITY, VA 22655.5717 75L - 3. 1. 9-B FLEMING, THOMAS H FLEMING, BETTY J 208 LYNN DR STEPHENS CITY, VA 22655.4054 75L - 3. 1- 6-C AUTUMN GLEN-FREDERICK COUNTY VA HOMEOWNERS ASSOCIATION, INC 122 BAYBERRY CT STEPHENS CITY, VA 22655.4048 75L - 3- 3- 77-A AUTUMN WOODS, LLC 7705 MAIN ST MIDDLETOWN, VA 22645.9502 75M - 4.3- 141-A THE RYLAND GROUP, INC 4100 MONUMENT CORNER DR, STE 3 FAIRFAX, VA 22030 75M - 1. 1. 42- HARPER, MARILYN K 110 MARYLAND DR STEPHENS CITY, VA 22655.3733 75M - 2- A- 15- BERENS, MATTHEW & FAITH 110 QUEENS WAY STEPHENS CITY, VA 22655.3734 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo, Inc., Beverlev B. Shoemaker JEM VII, LLC, James E. Martin Treybul Company, LC, John C. Lewis H.N. Funkhouser, Co., Robert W. Claytor Ervin Properties, LLC, David A. Ervin 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: TO: BARBARA-DATA PROCESSING FROM:BEV - P anning Dept. Pleas 4prn,'sets o�f 'bell-y_ / /�� / THANKSi Commercial & Office Commercial & Office PARCEL ID NUMBER USE ZONING 75-A-102 Residential RA District 75-A-103 Residential RA District 75-A-117 Residential RP District 75D-4-4-109 Residential RP District 75D-4-4-110 l Residential RP District 75D-4-4-111 / Residential RP District 75D-4-4-137A / Open Space RP District 75L-3-1-lA / Residential RP District 75L-3-1-8A Residential RP District 75L-3-1-8B / Residential RP District 75L-3-1-8C jA Residential RP District 75L-3-1-9A Residential RP District 75L-3-1-913 ! Residential RP District 75L-3-2=6C Residential RP District 75L-3-3-77A ! Open Space RP District _,--7'5M=4-----141A Open Space RP District ✓ 7SM-1-1-q2A X. 7SM-z- A-15 75M-2- A -14 8. Isocation�. e property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The parcels comprising the Tasker Road and Warrior Road Commercial project are located in the northwest, southwest located in the northwest, southwest �outhea�quadrants of this inetrsection (Route this inetrsection (Route 642 and Route 1141). ( 7SM-2 _A -I? %\ A ✓ 7SM -! -1- 41A -r.SM-z- A- is -ISM-2- A �(G 8. e property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): 642 and Route 1141). 1SM-z-A-,7 of this 0A�� 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo. Inc.. Beverlev B. Shoemaker JEM VH, LLC, James E. Martin Treybul Company, LC, John C. Lewis _ H.N. Funkhouser, Co., Robert W. Cla. or Ervin Properties, LLC, David A. Ervin 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: TO:BARBARA-DATA PROCESSING FROM:BEV - Panning Dept. Pleas pr"nt sets of i `�� THANKS! Commercial & Office Commercial & Office PARCEL ID NUMBER USE ZONING 75-A-102 Residential RA District 75-A-103 Residential RA District 75-A-117 Residential RP District 75D-4-4-109 Residential RP District 75D-4-4-110 Residential RP District 75D-4-4-111 Residential RP District 75D-4-4-137A O en Space RP District 75L-3-1-1A Residential RP District 75L-3-1-8A Residential RP District 75L-3-1-8B Residential RP District 75L-3-1-8C Residential RP District 75L-3-1-9A Residential RP District 75L-3-1-9B Residential RP District 75L-3-2=6C Residential RP District 75L-3-3-77A Open Space RP District Open Space RP District are I I I I T(thillillitill it PHI HM W I Wil it [it III DO I - 0 C S9 Z1, Z; 1. 0 G C1?-fk;l(quoA 01, .3 -10 W N n CIMSSMUCCIV SV ION lie3(1K3 S 01 WICIJ..73ad eo T IV 0 Z, ME I X I N Z096-9179ZZ �IOVISOd !gfl 900L,/ZZ/Zll Ct77-9O99ZH%O VA'NMO131001VV IS NIVW SOLL 011'SOOOM Mum V-LL -E -E - 19L k T0999 BIU12-IIA '-104SOTMIM gog ojjnS 'laoijS ju@X ill.ioN LOT quouidoJOADC1 2y BUluuull jo quampedo(I MoMaGaud JO AJNfloo COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 NOV 2 8 2006 0 E 75L - 3- 3- 77-A AUTUMN WOODS, LLC 7705 MAIN ST MIDDLETOWN, VA 0161126508243 01 T)�yp C" 11/22!2006 WHoMmm 22601 22645.9502 NIXIE 201 1 00 11125jow— RETURN TO SENDER NOT DELIVERABLE AS MORESSEO UNABLE TO FORWARM BC: 22BOISO3907 *3017-02982-22-40 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 27, 2006 'ro: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #16-06 FOR TASKER ROAD AND WARRIOR ROAD PROFFER REVISION On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 10, 2007, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 416-06 for the Tasker Road and Warrior Road Proffer Revision, submitted by Greenway Engineering, to revise proffers concerning the rezoning of 10.73 acres to B2 (General Business) District. The proffer revision addresses the hours of operation on the property. The properties are located in the southeast quadrant of the intersection of Tasker Road (Route 642) and Warrior Drive (Route 1141), in the Opequon Magisterial District, and are identified by Property Identification Numbers (PINS) 75-A- 105A, 75-A-105B, 75-A-105C, and 75-A-105D Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. - Sincerely, Michael T. Ruddy Deputy Planning Director MTR/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 22, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #16-06 FOR TASKER ROAD AND WARRIOR ROAD PROFFER REVISION On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 6, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 916-06 for the Tasker Road and Warrior Road Proffer Revision, submitted by Greenway Engineering, to revise proffers concerning the rezoning of 31.83 acres to B2 (General Business) District. The proffer revision addresses the hours of operation on the property. The properties are located in the northwest, southwest and southeast quadrants of the intersection of Tasker Road (Route 642) and Warrior Drive (Route 1141), in the Shawnee and Opequon Magisterial Districts, and are identified by Property Identification Numbers (PINS) 75-A-104, 75-A-104E, 75-A-105A, 75-A-105B, 75-A-105C, and 75-A-105D Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, �j�/1 Michael T. Ruddy 7 Deputy Planning Director 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 W W S A REQUESTING AGENT: C DEPT. OF GEOGRAPHIC INFORMATION SYSTE FREDERICJ,-- COUNTY, V�RGINU GIS, MAPPING, GRAPHICS W0RKREQUIEsT DATE RECEIVED: DG REQUESTED COMPLETION DATE: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT: 0 DESCRIPTION OF REQUEST: (Write additional DIGITAL: SIZES: COLOR: FAX: on on back of re nest) fiA,", toy-- R� PtAus 7 5 _ 1 -16-; :2 ft - loge, PAPER: FAX: ' E-MAIL: BLACKIWFIITE: . NUMBER OF COPIES: STAFF MEMBER - COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)