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Home My WebLink About006-81 David & Margaret Soper - Back Creek Mag. District - Backfile1 3- The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the'property in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary.) NAME tTi Nbens COZIPLETE TAILING ADDRESS (Street, Route, Bo.{, Etc. NOS.) PAS,• THY MAP East side a Winchester 0iitd oor ArlvPr, 52 A 149 Ha erstow 0 West Side b Forest Hill Assoc._, Inc. _ Box 2721 Winchester Va. 22601 Across Road cOates Used Auto Sales Across Road. 3 and 2 52 8 3 e Burl A. Emmart 4 52 8 f John E. Hoover 5 52 8 5 Route d _Winchest_,,r,_Ya, 22601 Back side g Timothy A Hodge 52'A 92 RouteM Box 289 Winchester Va. 22601 Across Road a Glenwood P. Nicholson 52 A 92- Route 2 Box 43 Winchester,-.Va. 22601 Il �x (NOTE: Information may be obtained from the Office of the Commissioner of Revenue.) .. i 7. The following information is attached to support this application .._(Use additional- pages if necessary__.), F• .:rt�—. T � � tom,. r a � �.� - - e,? 5!_ii"� �•�`y 8. (a) Attached is a copy of a LOCATION PAP ..... f SCALED I" 2, 000' (b) Attached is a sketch showing proposed and/or existing structures on property with measurements to all property lines. SIGNATURE OF APPLICANT: NAILING ADDRESS OF APPLICANT: Mr. Daniel Brookman (Complete with Route, Street, Box, Etc- NUMBERS.) 3816 Bunker Hill Met Brentwood MD 20 7 2.2 f.o.r. .f.f.i.c.e u.s.e o.n.l-y PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Ul I EA Approval Denial SECRETARY (signed) . P BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date; Approval Denial COUNTY ADMIN. i 9/R1l _ (signed) I • 1 <l � (^/ l^,/Yi� Val nX�n ►(�. Zoning Amendment No. & 8 I Application Date APPLICATION FOR REZONING . . . . . . . . . . . . . . . . . . . COUNTY OF .FREDERICK,, VIRr,-IIIIA TO THE PLANNING CO.%U4ISSIO`I AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA . . . I (WE:) , THE UNDERSIGNED, DO HEREBY RESPECTFULLY t•IA.'CE APPLICATION AND PETITION THE GOVERNING BODY TO AMEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE S HOWN : 1. The property sought to be rezoned is located 3 Miles West of Winchester City Limits Bound lane (See attgnY Qd�lat ) It has a frontage of307.84 feet and a depth of106.22 'feet and consists of 1,558 acres- 2. The property sought to be rezoned is owned by David R _ and Margaret V. ac orii7o,»ner7 }.<> (Iona frn� +^nnnrl7e:7 ,Tine• Page 72 Registry of County of •Frederick County, Virginia-_ •� This property is designated as Parcel No. on Tax Map No. 52-"Al'-92-C _ (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM R_ TO T-1- 4. It is proposed that the property will be put to the following use: ManufactU.re custom ornamental iron groHlla, and retail outlet. (Railings,"Ls _ Window Guards, Doors, Steps and Platforms An,' neon ative— 01amns. 5. It is proposed that the following buildings will be constructed: The size on "Pxi eti n " _,bu-l.ding io ;01 x 791. This is to certify that the attached correspondence was mailed to the following on August 4, 1981, from the Office of Planning and Development, Frederick County, Virginia: Winchester Outdoor Advertising John E. Hoover 355 South Potomac Street Route 4, Box 83 Hagerstown, Maryland 21740 Winchester, Virginia 22601 Forest Hill Associates, Inc. Timothy A. Hodges Box 2721 Route 2, Box 289 Winchester, Virginia 22601 Winchester, Virginia 22601 Oates Used Auto Sales Glenwood P. Nicholson Route 4, Box 80 Route 2, Box 43 Winchester, Virginia 22601 Winchester, Virginia 22601 Paul L. Barbour David & Margaret Soper Route 4, Box 81 Route 2, Box 400 Winchester, Virginia 22601 Winchester, Virginia 22601 Burl A. Emmart Route 4, Box 82 Winchester, Virginia 22601 ohn R. Rile irector STATE OF VIRGINIA, COUNTY OF FREDERICK, TO -WIT I, �� a Notary Public in and for the State and County aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated, 1981, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this �— day of 1981. My Commission expires NOTARY PUBLIC 47xj�.brjnicft f11xruntu Pryar#nun# of Xannitizg anbi PpArd-apill-ent JOHN T. P. HORNE DIRECTOR David R. and Margaret V. Soper Route 2, Box 400 Winchester, Virginia 22601 Dear Mr. and Mrs. Soper: P. O. BOX 601 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 September 10, 1981 This letter is to confirm the Board of Supervisors' action at their meeting of September 9th, 1981: Denial of Rezoning Petition #006-81 of David R. and Margaret V. Soper to rezone Parcel A on Tax Map 52-"A"-92-C from B-2 to M-1. If you have any questions, please do not hesitate to contact this office. JRR:bjs Sincerely, (dJhan T. P. Horne nning Director 703/662-4532 _ _ ,,i,JJ,(,jr5t.-`.'t"i1 L�;il-�. �•�f �.-i, y. ''Tr,'.,..r .• -r,, - .. .. - �, �u. ,,ty, ♦. {Cl ts' '•�1'S Cf, !�. IlfM l'��. "r?'l••` f<l . 4<1<"'6f: ��:C' ' i4S .(< 1Ir xv f: 1 trf 31 1 � i .�:.I:�.��'Z ''7:' �1'N ,. .��` J k(/: ; 1r`�i. ;'fir`( ;C;�`4"�.!„�*ti: ;(•;I�'y:'Ir . .?•' �2.:"'f.}�L' ^i' .' _ ....�.rr wr.w�-r...�rw....•....��....r— � '..1 �,� _ � .ill'I:fr•I,"'�I{�eYa.`RyM<uY.�.. f. 4Mliaf.H.I.<.! �4♦ ry51�Ys Y.'„<• r S` . � 1• r ~�l:l� i!~ w<1•. �i�`.l , TII .: •if •�Y::K ,fi.�R;l.•': SSA <� J1i. +�fl is-�. . Y ,•:. , R`Y'�CARPER �' TO : �•'_:;;`: DEED SOPER,''. ET 1UX aEiFiFfi•N#fEiF;)E'.'!i',•)E:�E9E• ')%3f; �'. ?EiF•�l('iF•�f• , :s'r;i;,,..�. ,_.:,,;=,yF`F� r'. ' :; ,•� ', tf .h,;.,.;�.,,. , .. BOOK 389 rAcE 496 �'':. � fi . ;,;'_� is'i ;k ;THZSr..DEED, made and dated this,/ ,Q day of February, 1 72, 9 •.,..�f ) < by and between W. H. Carper, single, Grantor, party of the first � part, and David R. Soper and Margaret V. Soper, husband and wife, Grantees, parties'of the'second part. 4• '•_WITNESSETH: That in and for the consideration of the sum of ' Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, ; the receipt of all of which is hereby acknowledged, the Grantor "does'hereby grant, sell and convey, with General Warranty�of title, Unto the said David R. Soper and Margaret V. Soper, husband and wife, in fee as tenants by the entirety, with the common law right of survi.vorship,''Jt being intended that the part of the one dying first shall piss; to: the:,_survivoz, his or her heirs or assigns forever, all of that certain;'tract:•of land containing sixteen (16) Acres, more or less, lying -and, being'situate on the Southt•side of U. S. High%Jay Routh No. 50, in Back ;•Creek"";:::formerly:'Gainesboro District, Frederick County, Virginia, bounded on the South by old U. S. 50, together with improvements and appurtenances thereunto belonging, being a portion of that certain tract of band conveyed to.the Grantor by deed dated September 29, 1947, from ArdrErick Cnannip jBvv irfmmt of Flannilig altb c EfrQ�tx�izlTEn JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR M E M O R A N D U M TO: Department of Inspections , ATTN Mr. John W. Dennison Health Department _ _ , ATTN Mr. Herbert Sluder VA Dept. of Highways and Transportation , ATTN Mr. R. C. King Zoninq , ATTN Mr. John T. P. Horne FROM: John R. Riley, Director — Date June 23, 1981 SUBJECT: Review comments on Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by David & Margaret Soper or their representative Deborah Brumback 667-5212 . Will you please review the attached and return your comments to me by as soon as possible This space should be used for review comments: Signature 703/662-4532 Date _it/t A Arebexirk (9vxinty t9epaxtnt-.ent ai planning anz� �efre1nPALLU11 C �--� f� RE-00VED JUL `J 101 M E M O R A N D U M P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 TO: Department of Inspections _, ATTN Mr. ohn W. Dennison Health Department , ATT r. Herbert Sluder VA Dept. of Highways and Transportation , ATTN Mr. R. C. King zonin FROM: John, R. Riley, Director SUBJECT: Review comments on ATTN Mr. John T. P. Horne Date June 23, 1981 Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by David & Margaret Soper or their representative Deborah Brumback 667-5212 . Will you please review the attached and return your comments to me by as soon as possible This spacshould be used for review comments: / Signature Date -7-- `?'`g% 703/662-4532 DEBORAI3 M. I3RUM13A CI-C ATTORNEY Al LAW 25 SOUTH I{LNT STItICET NVINOIIP91INZ, VIRGINIA 22001 POST OPPICE 13OX 3 July 24, 1981 Mr. John Riley Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 TI:I.EPHONE 70:5 007-5212 LICENSED IN VIRGINIA AND AfARYLAND R.EC.EIVED. I t] 2. 7 1981 Re: Rezoning Application - Daniel Brookman, et ux, and David Soper, et ux Dear Sir: By this letter, I am hereby requesting that the hearing now scheduled for August 19 in the above captioned matter be tabled to September 2. I am requesting this tabling of the matter, because the petitioners will have no adequate representation in that I am required to be in the United States Bankruptcy Court on the same day at the same time as the hearing now scheduled. I can be available for further proceedings on September 2, and will plan to do so unless otherwise advised by your staff. Thank you for your consideration. Very truly yours, Deborah M. Brumback DMB:ap �xe.d.exirk (2annty Dqurtnuil# of J�Iannin$ anb Pk 6daynten# JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR J COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR August 26, 1981 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: David & Margaret Soper Rezoning For: To rezone land from B-2 to M-1 in the Back Creel-, Magisterial District. The rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of September 9, 1981, at 7:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JJRR:d11 703/662-4532 S' ncer�ly, Jo 1 D' reci • i ti DEBORAH M. BRUAIBACIC ATTORNEY AT L,1W 25 SOUTII ICEN'P STIMET WINCHESTER, VIRGINIA 22001 POST OPPICE BOX a July 24, 1981 TELEPHONE 700 007-5212 LICENStiO IN VIRCIINU, AND -MARYLAND RRG•EIVED JUL-2-7 1981 Mr. John Riley Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Re: Rezoning Application - Daniel Brookman, et ux, and David Soper, et ux Dear Sir: By this letter, I am hereby requesting that the hearing now scheduled for August 19 in the above captioned matter be tabled to September 2. I am requesting this tabling of the matter, because the petitioners will have no adequate representation in that I am required to be in the United States Bankruptcy Court on the same day at the same time as the hearing now scheduled. I can be available for further proceedings on September 2, and will plan to do so unless otherwise advised by your staff. Thank you for your consideration. Very truly yours, Deborah M. Brumback DMB:ap i 1 mm M i . - orest Hill Associates,Inc. Route 9, Box 1-A Charlottesville, Virginia 22901 804/296-5641 Corporate Office August 12, 1981 Frederick County Dept. of Planning & Development Attn: Mr. John R. Riley, Director Post Office Box 601 Winchester, VA 22601 RE: Rezoning Land from B-2 to M-1 for David & Margaret Soper Dear Mr. Riley: I am sorry I will be unable to attend your August 19 meeting of the planning conaiussion regarding the above referenced rezoning. I would like, however, to voice my concern of the rezoning to M-1 without requiring in- side storage. I believe this would create a negative effect to the general appearance of that area. From a business prospective, the appearance is favorable at the present time. The consideration of the planning commission of this matter would be greatly appreciated. Very truly yours, Walter L. Lumpp Adjoining Property Owner WLL:pah COUNTY OF FREDERICK — P.O. BOX 225 WINCHESTER, VIRGINIA 22601 kEAL ESTAT=-1980 TICKET NO. 7 f-. 7 z D I CODE () 5 _ - p .92r DESCRIPTION VALUE RATE TOTAL TAX FPP P DA V D R. FmAkrIAPET 515 0 2. 95 157.P3 r r— �-• I ..J;v TOTAL TAX DUE 5 SOP� y it R. AND PENALTY MARGA2ET �� INTEREST RT. 4 BOX / 289 LWI NCH STE R/ VA. 22601 TOTAL DUE i` DATE DUE (l F C. 51 1 9 p o DOROTHY B. KECKLEY, TREAS. F.t-AL FST%TF-1r�7`a COUNTY OF FREDERICK — P. 0. BOX 225 WINCHESTER-VIRGINIA 22601 TICKET NO. D ' CODE (I;-) - -'ri' - DESCRIPTION VALUE RATE TOTALTAX GAS; T \t; =,T. 4 Kf1, X 2)�9 I'I,1C1iEV;-F;y-'SVtr.:-c- Frc0eriCv, �.,.;NIii�I COUNTY OF FREDERICK - P.O. BOX 225 WINCHESTER, VIRGINIA 22601 J TOTAL TAX DUE (, PENALTY INTEREST TOTAL DUE r DATE DUE I=r n 1 1 070 _ DOROTHY B. KECKLEY, TREAS. REAL ESTATE-1978 TIrVCT MA D I CODE (a05 — 20A f1A 9?r DESCRIPTION VALUE ----- RATE ---- � it TOTAL TAX rIPFRDAVID R. FlAARGtPF-T f, q .i e. - r — AC. R F i a TOTAL TAX DUE �4 7 SOPER, DAVID R. ANT) PENALTY MARGARET V. INTEREST RT. 4 BOX ?89 LWINCHESTER, VA. 22601 I TOTAL DUE —J DATE DUE DOROTHY B. KECKLEY, TREAS. -�P 13 Vol M3C 9-1?-sl1 2 3 k 4 5 6 a 7 ti 9 ti 10 12 13 14 ,8 si 15 16 17 18 /9 20 21 22 We the e, t" 4 � County, Round #tJ-L commnA.jy aAe oppoaed to #lie nep" o4 !%1c Aga4et and davtd SopeR"4 pitopeAt'i A B-2(6UAineeA .Limited) to A-/ (iA�� .LaU,&d)- S95NA7111?C QDP�SS COAfN7S z rz ✓�1 r! � � , �� - ,�.� #�/ fie � � � 9,� �<-:: ,� �' /.tee s;-, y / O .Y 1rarest Hill Associates, Inc. Route 9, Box 1-A Charlottesville, Virginia 22901 804/296-5641 Corporate Office August 12, 1981 Frederick County Dept. of Planning & Developnent Attn: Mr. John R. Riley, Director Post Office Box 601 Winchester, VA 22601 RE: Rezoning Land from B-2 to M-1 for David & Margaret Soper Dear Mr. Riley: I am sorry I will be unable to attend your August 19 meeting of the planning commission regarding the above referenced rezoning. I would like, however, to voice my concern of the rezoning to M-1 without requiring in- side storage. I believe this would create a negative effect to the general appearance of that area. From a business prospective, the appearance is favorable at the present time. __ The consideration of the planning commission of this matter would be greatly appreciated. WLL:pah 0 Very truly yours, �f� ZI/7-;A Walter L. Lumpp Adjoining Property Owner ;i�xe�exixE� (��txz��g PvFartntimt of J�Inuuing nub ak e eLtx ttt�rt JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR August 4, 1981 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The application of: David & Margaret Soper Rezoning For: To rezone land from B-2 to M-1 in the Back Creek Magisterial District. The rezoning request will be considered by the Frederick County Planning Commission at their meeting of August 19, 1981, at 3:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. JRR:dll Sincerely, q,4, k). ua, John R. Riley Director 703/662-4532 This is to certify that the attached correspondence was mailed to the following on August 26, 1981, from the Office of Planning and Development, Frederick County, Virginia: Winchester Outdoor Advertising 355 South Potomac Street Hagerstown, Maryland 21740 Forest Hill Associates, Inc. Box 2721 Winchester, Virginia 22601 Oates Used Auto Sales Route 4, Box 80 Winchester, Virginia 22601 Paul L. Barbour Route 4, Box 81 Winchester, Virginia 22601 Burl A. Emmart Route 4, Box 82 Winchester, Virginia 22601 STATE OF VIRGINIA, COUNTY OF FREDERICK, TO -WIT I,�- I _____ M_._a Notary Public in and for the John E. Hoover Route 4, Box 83 Winchester, Virginia 22601 Timothy A. Hodges Route 2, Box 289 Winchester, Virginia 22601 Glenwood P. Nicholson Route 2, Box 43 Winchester, Virginia 22601 David & Margaret Soper Route 2, Box 400 Winchester, Virginia 22601 State and County aforesaid, do hereby certify that JOHN R. RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name is signed to the foregoing, dated 2/_6A , 1981, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this c1%( —day of 1981. My Commission expires NOTARY PLIBLIC —� ;�zez��ztcit (�zrztzt�t� 39epartntent of Planning anl ar 0f -elapiltettf JOHN RILEY PLANNING DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR M E M O R A N D U M TO: Department of Inspections P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 , ATTN Mr. John W. Dennison Health Department _ , ATTN Mr. Werbert Sluder VA Dept. of Highways and Transportation , ATTNI . R. C. King Zoni FROM: John R. Riley, Director SUBJECT: Review comments on ATTN Mr. John T. P. Horne Date June 23, 1981 Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by David & Margaret Soper or their representative Deborah Brumback 667-5212 . Will you please review the attached and return your comments to me by as soon as possible ---------------------------------------------------------------------- This space should be used for review comments: ,',0 OBJECTIO'N"S TO REZONINC Signature _ _ _ Date 703/662-4532 6-26-31 -�---�.- r=- zoning Amendment No. Anplication Date LQD_ A,/ APPLICATION FOR REZONING - - - - - - - - - COUNTY OF .FR%DERIC'!.� VIR��IIIIA TO THE PLANNING CO2*JISSIO_] AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA _ I (wE:) , THE UNDERSIGNED, DO HEREBY RESPECTFULLY i•1AKE APPLICATION AND PETITION THE GOVERNING BODY TO Al -LEND THE ZONING ORDINANCE AND TO CHANGE THE ZONING MAP OF COUNTY OF FREDERICY., VIRGINIA AS HEREINAFTER REQUESTED, ?1ND IN SUPPORT OF THIS APPLICATION, THE; FOLLOWING FACTS. ARE SH0;4N: 1_ The property sought rt to be rezoned is located 3 Miles West of Winchester City g • Limits on Route 50_, est ; . �2 ,; the S,,��;dP of tnP r��± Bound lan6• See "++^r,hr,d n It has a frontage of 307 , 84 feet and a depth of 106.22 feet and consists of 1,558 acres.: 2. The property sought to be rezoned is owned by 'payi S) R . and M� Wri:Ienccd b'y C2^_ed trO l ) SI y rCC^rin,7:1::n^0�: 4,�8 °(JJ �� Ti .. •I Rage 72 Registry of County of 'Frederick County, Vir This property is designated as Parcel No. � on Tax :dap No- 52-11A!1-92-C (Note: NLLmbers may be obtained from the Office of Commissioner of Revenue-) 3. It is desired and requested that the foregoing property be rezoned: FROM TO M- 4. It is proposed that the property will be put- to the following use: -- .anufactUxe custom ornamental iron ji-rnd_ur+2 and retail Outlet, (Railings,- V�indow Guards, Doors, Steps and Platforms and n or�ti 5. It is proposed that the following buildings will be constructed: The size on "Pxi st i nT-bu-i ldins-is 301'791, u. The following are all of the individuals, firms, or corporations o=rning property.adjacent to both sides and rear, and the'property in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary.) NE Numbers COMPLETE MAILING ADDRESS (Street, Route, Box, Etc. DIOS_) PARCEL TE�Y MAP East side 1 Winchester 0! nor A.(3ver. � 52 A 149 Hagerstown,.0- Wes.t Side '•:'. Forest Hill Assoc Box 2721 Winchester Va. 22601 Across Road Oates Used Auto Sales cross Road. 3 and 2 52 8 3 ' ' Burl A. tmmart 4 52 8 4 Route Winchester. Va. 22601 John E. Hoover 5 52 8 5 Route Winche t_�r Back side Ti.moth A H6d e� 92 52 A 92 Route 2 Boy, Winches -ter, Va 22601 Across Road z Glenwood P. Nichol on 52 A'92-1 Route 2 Box 43 Winchester Va. 22601 .. (NOTE.: Information may be obtained from,the Office of the Commissioner of Revenue.) .I -7 M1- ed to support this application " DEBORAFi M. BRUMBACK °..(Use additional pages if *necessary_,-.) ATTORNEY AT LAW - - - -• _ - .i. _ - - - _•J_-••=• ,r! '•�, ``C` LICENSED IN VIRGINIA AND MARYLAND fSCALED N MAP ..... `li'.._-.2,000'... =-...,' ;`r.:;-�~';-�'-.. :y,•' �'z AREA CODE 703 25 SOUTH KENT STREET oposed 'and/or existing structures on property with ' TELEPHONE 657.5212 WINCHESTER• VIRGINIA 22601 'nes. SIGNATURE. OF APPLICANT: MAILING ADDRESS OF APPLICI'ANT: _Mr. Daniel Brookman (Complete with Route, Street,' ' Box, Etc. NUMBERS.) 3816 Bunker 'Hill Rd; - Brentwood MD -' 2072.2 f.o.r. o.f.f.i.c.e. u.s_e o.n_l.y PLAT`^LING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval Denial COUNTY ADMIN. (signed). \_Pi �nw�y�. l o�ui 1 Jim 4. r Ml I 2 N4 AA- U —,t --T -hoI%J CIA0-C1 T11 i70 It I V�/ P 1 -7 AN tA' (n (,n M-5 t RG I t;E "as PLANVE 477 Viest Drell St. Polite j falls C�.urch. Virainia 22016 flay 1f0 Virginia 22S01 Of - - A L ii o,-, JIM) ---------- F, em REZONING REQUEST #006-81 • David & Margaret Soper 1.558 Acres Zoned B-2 (Business, General) To Be Rezoned to M-1 (Industrial Limited) LOCATION: Route 50 West of Winchester in the Round Hill Community MAGISTERIAL DISTRICT: Back Creek Magisterial District ADJACENT LAND USE AND ZONING: Commercial and Agricultural Zoning and Commercial and Residential Land Use. PROPOSED USE AND IMPROVEMENTS: To be rezoned to M-1 (Industrial, Limited). To manufacture custom ornamental iron products and retail outlet. (Railings, window guards, doors, steps and platforms, and decorative columns.) REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No Objection. • Department of Inspections - This job shall comply with Use Group F, Section 205.0 of the BOCA Code. Other requirements will be noted at the time of plans review. Health Department - No objection. Sewage permit issued March 24, 1977. Tank installed, but drainfield not completed. Permit can be updated for maximum of six employees, 5 days per week. System must be completed before occupancy of structure will be allowed. E Planning & Zoning - Past History Attached are the minutes of two previous rezoning cases, one of which was on this particular property and the other on the property immediately adjacent to this property, on the west. Both are owned by Mr. Soper. On August 28th, 1974, the Board of Supervisors approved a rezoning of 3.6 acres immediately to the west of the present application from A-2 to B-1. That property remains B-1 zoning. On April 14th, 1976, the Board approved the rezoning of the property involved in the present application from A-2 to B-2. This property remains B-2 zoning at this time. Page Two Soper Rezoning 0 Issues The Round Hill community is identified in the 1990 Land Use Plan for Frederick County as a Rural Community Center. On page 117 of the Frederick County Comprehensive Plan, there is a description of what is included in a Rural Community Center and there is no mention within this description of industrial activity. The centers are identified as service centers for adjoining population concentrations and not as basic industrial areas. Attached is a copy of a description of Rural Community Centers from the Comprehensive Plan. Given this description, it is evident that this application is not in conformance with the Frederick County Comprehensive Plan. In this particular area there have been no previous applications granted for rezoning to industrial classifications. The Board has granted a rezoning to M-1 on Route 614 to the west of the Round Hill Community, but this application was not within a Rural Community Center. The Planning Commission should take into consideration their spot zoning policy in the consideration of this application. If a rezoning is granted for an industrial use in this location, there is a possibility that this would set a precedent for isolated industrial zoning both within rural community centers in the County and along major highways. • In consideration of this application, the Planning Commission should remember that although the use that is proposed in this application may have minimal adverse effects on surrounding properties, there are a number of permitted uses in an M-1 zoning classification which could potentially have an adverse impact on the neighborhood. One final issue which the Planning Commission may choose to consider in their evaluation of this application would be the location of a historic structure immediately to the south of this property. Impacts on this structure in relation to those impacts on a conventional residence are very difficult to quantify, but this adjoining residence is identified in the historic site survey made of the County by the Frederick County Historical Society. STAFF RECOMMENDATIONS: In considering this application, the Planning Commission should take the following factors into account: 1. Does the application conform to the Frederick County Comprehensive Plan? 2. Does the application violate the Planning Commission's spot zoning policy? • 3. Could M-1 Zoning in this location have a negative impact on the Round Hill Rural Community Center and/or adjacent historical properties? E • • Page Three Soper Rezoning PLANNING COMMISSION RECOMME14DATIONS: The Frederick County Planning Commission has recommended that this application be denied, by the following majority vote: YES: Messrs. Palumbo, Brumback, Myers, Gordon, Golladay, Kirk NO: Messrs. Romine, DeHaven, Stiles Rural Community Centers • The county has several community centers, some along major routes which still thrive, but many have their stores and post cffices closed. In addition to the two (2) commercial areas which will be in The Summit and Shawneeland, the communities of Fain, Hayfield, Star Tannery, Pleasant Valley, Round Hill, Brucetown and Armel are suggested as community centers. These centers, or town, or villages could be revived to serve as development areas for those large lot subdivisions that will be designed for use with individual utilities and may, or may not, have public roadways as well. With this type of subdivision activity occuring on adjacent lands, the community centers would be able to once again have the stores and service businesses that will serve a wide area. • .7 0 Zoning Amendment No. �y I Application Date ,1 APPLICATION FOR REZONING . . . . . . . . . . . . . . . COUAITY OF DZ3aCY„_VIP. IIA TO TILE PLANNING M*IISSIO`I AND HOARD OF SUPERVISORS OF THE COUMTY OF FREDERICK, VIRGIMA _ I (wE) , THE UNDERSIGNED, DO HEREBY RESPECTFULLY MAKE APPLICATION AND PETITIO_: Ter. GOS?B��IL'- BODY TO AMEND THE ZONING ORDINANCE AND TO CLLANGE THE ZO:LING MAP OF COUNTY OF FRE.ERIC:K, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLC'`tING ARE SHO;,LN: 1. The property sought to be rezoned is located 3 Miles West Of Winchester i , 9r Limits on Route-50, •NIPS+ Bound lane ^(SPP 2ttanhn7 `l + It has a frontage of 307.84 feet and a depth of 106.22 feet and consists of ; .5=? =-es_ •. ?.. The property sought to be rezoned is owned by B)1yirl ]3 and P•'2�a�r t "- =a^6 as i ._7,. deed by lnd free _ q r7na0_•_ �';?B Page 72 , Registry of County of 'Frederick County, Vjr_ainia. This property is designated as Parcel No. on Tax Map No. 52-"'°- o- (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that- the foregoing property be rezoned: - FROM Bj 2 TO M-1 4. It is proposed that the property will be put to the following use: Manufacture custom ornamenta] iron nrnri„� and retail outlet. (=.31�=n�� Window Guards, Doors, Steps and Platforms anri • 5. It is proposed that the following buildings will be constructed: The si - e a AP: &. The following are all of the individuals, firms, or corporations owning property adjac--- to both sides and rear, and the'property in front of (across street from) the pro_-rty sous to be rezoned: (Use additional pages if necessaz•-) NmibzrS CO%LPLETE MAILING 2=R ESS NAME PARCEL' Tt1`C MAP (Street, Route, Bo_c, East side a 52 A 149 355 South P � '=— Hagerstown,-1d('- West Side :. b Forest Hill Assoc.'," Box 2721 Winchester Va. 226�1 Across Road cOates Used Auto Sales cross 'Road. d 3 and 2 52 8 3' ' - `- - r. �_ e- Burl A.mmart 4 52 8 - 0 - f John E. HooVer 5 52 8 5 Ro Winche t=r - B.ack.side. g TimothyA Hodges.92. 52 A 92 Route Box239 Winchester -Va ?26C-1 Across Road. h Glenwood P.-Nichol on 52 A"92- Route 2 Box 4 Winchester-.Va. 22:31 (NOTE: Information may be obtained fro_- the Office of the Commissioner or Revenue.) Y 7.': The following information is attached to support this application Use additional' pads 2nec=s5a: r: ); . 8. (a) Attached `isya copy of a LOCATION MAP .....rSCALED (b) Attached is a sketch showing proposed and/or existing structures on prope-ty -lth measurements to all property lines. SIGNATURE OF APPLICANT:. Z2, MAILING ADDRESS OF APPLICANT: Mr.' Daniel Brookman (Complete with Route, Street," Box, Etc_ NUMBERS.) 38 16 Bunker Hill Rd, Brentwood PM. 202-2 � ' f.o.r. f_f.i.c.e, u.s.e o.n-1-Y j PLAh^IING COMMISSION PUBLIC HEARING RECO2•24ENDATION OF (date) y ED Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) -. O Approval Denial COUNTY ADbIIN. (signed) I a ,7 za� JIM Al 20C URS 3 n� r 'A Irmo. EliGitiPLnphERS - 411 West Broad St. SlIfit Ey(lqs Falls Church flautp I no; 769 virpinja 27046 ,TZT.-- --� �--, Virp bit, inia, 22691 of - _ - _we ;Me a Z 4 JZ"icA Comm, Round f! ' conmuii + a/re opposed tv the ,cepn vig o &Va a►ed vavl d Soper �� pi,op � J!NOm !-2 (bualrie" .d) & X/ (indwdfoLic,L .Limited). DA3� ODWS 2-1 k---r7•/ �i l-—_—/��'��EJ��^^v� . '— l7 Its+—Y� fT i��1'�'��./ r - tit -6 - --- � --- - - - --_ - --- -- " d a k /0 �$ s! /5 q 3 w v 16 /7 /8 19 20 22 - --- -- -- - ----------- 'Elm crest EH"111 Associates, Inc. Route 9, Box 1-A Charlottesville, Virginia 22901 0-0 804/296-5641 Corporate Office 11 8 August 12, 1981 Frederick County Dept. of Planning & Development Attn: Mr. John R. Riley, Director Post Office Box 601 Winchester, VA 22601 RE: Rezoning Land from B-2 to M-1 for David & Margaret Soper Dear Mr. Riley: I am sorry I will be unable to attend your August 19 meeting of the planning com nission regarding the above referenced rezoning. I would like, however, to voice my concern of the rezoning to M-1 without requiring in- side storage. I believe this would create a negative effect to the general appearance of that area. From a business prospective, the appearance is favorable at the present time. The consideration of the planning ccmnission of this matter would be greatly appreciated. WLL:pah Very truly yours, Zt Walter L. Lumpp Adjoining Property Owner • R..AL.' CARPER TO DIKED DAVID R,�: SOPER, ET UX •• 0i.Boa3$S mu49"61 'k THIS DEED, made and dated this 1,c1..c: day of February, 1972, by and between W. H. Carper, single, Grantor, party of the first part, and David R. Soper and Margaret V. Soper, husband and wife, Grantees, parties of the'second part. - WITNESSETH: That in and for the consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration,:the receipt of all of which is hereby acknowledged, the Grantor does hereby grant, sell and convey, with General Warranty of title, unto the said David R. Soper and Margaret V. Soper, husband and wife, in fee as tenants by the entirety, with the common law right of survivorstiipp-vit being intended that the part of the one dying first shall pass to the survivor, his or her heirs or assigns forever, all of that certain tract of land containing sixteen (16) Acres, more or less, lying and being situate on the Soutb�side of U. S. Highway Routh No. 50, in Back Creek, formerly Gainesboro District, Frederick County, Virginia, bounded on the South by old U. S. 50, together with improvements and appurtenances thereunto belonging, being a portion of that certain tract of land conveyed to the Grantor by deed dated September 29, 1947, from Herbert S. Larrick, et als., Special Commissioners,'of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 202, at page 293, and being all of the land owned by the said Grantor on the South side of present U. S. Highway Route No. 50, West of the City of Winchester, Virginia. Reference to the aforesaid deed ie hereby expressly made for the recitations therein contained. TAIs conveyance is made subject to all legally enforceable ', ��"+i 1h easwsents and restrictions. if any, of record affecting this fte Ypi - �x +tir4fartt to the foregoing paragraph, the Grantor hereby cov- h e.�ar.s t2►at M Ras a good right to convey said land to said Grantees; that he has done no a � ct to encumber said land; that it is free from all Items Arid encunbrances1 that he will execute such further assurances of sttie as may'�`rQquisitej and that said Grantees shall have quiet �,. """ss•ssion of the said land. a -1- M. �-• - REZONING REQUEST #006-81 David & Margaret Soper 1.558 Acres Zoned B-2 (Business, General) To Be Rezoned to M-1 ( Industrial Limited) LOCATION: Route 50 West of Winchester in the Round Hill Community MAGISTERIAL DISTRICT: Back Creek Magisterial District ADJACENT LAND USE AND ZONING: Commercial and Agricultural Zoning and Commercial and Residential Land Use. PROPOSED USE AND IMPROVEMENTS: To be rezoned to M-1 (Industrial, Limited). To manufacture custom ornamental iron products and retail outlet. (Railings, window guards, doors, steps and platforms, and decorative columns.) REVIEW EVALUATIONS: Virginia Dept. of Highways and Transportation - No Objection. Department of Inspections - This job shall comply with Use Group F, Section 205.0 of the }COCA Code. Other requirements will be noted at the time of plans review. Health Department - No objection. Sewage permit issued March 24, 1977. Tank installed, but drainfield not completed. Permit can be updated for maximum of six employees, 5 days per week. System must be completed before occupancy of structure will be allowed. Planning & Zoning - Past History Attached are the minutes of two previous rezoning cases, one of which was on this particular property and the other on the property immediately adjacent to this property, on the west. Both are owned by Mr. Soper. On August 28th, 1974, the Board of Supervisors approved a rezoning of 3.6 acres immediately to the west of the present application from A-2 to B-1. That property remains B-1 zoning. On April 14th, 1976, the Board approved the rezoning of the property involved in the present application from A-2 to B-2. This property remains B-2 zoning at this time. DEBORAH M. BRUMBACK ATTORNEY AT LAW LICENSED IN VIRGINIA AND M ARYLAND AREA CODE 703 25 SOUTH KENT STREET TELEPHONE 667.5212 WINCHESTER, VIRGINIA 22601 Page Two Soper Rezoning Issues The Round Hill community is identified in the 1990 Land Use Plan for Frederick County as a Rural Community Center. On page 117 of the Frederick County Comprehensive Plan, there is a description of what is included in a Rural Community Center and there is no mention within this description of industrial activity. The centers are identified as service centers for adjoining population concentrations and not as basic industrial areas. Attached is a copy of a description of Rural Community Centers from the Comprehensive Plan. Given this description, it is evident that this application is not in conformance with the Frederick County Comprehensive Plan. In this particular area there have been no previous applications granted for rezoning to industrial classifications. The Board has granted a rezoning to M-1 on Route 614 to the west of the Round Hill Community, but this application was not within a Rural Community Center. The Planning Commission should take into consideration their spot zoning policy in the consideration of this application. If a rezoning is granted for an industrial use in this location, there is a possibility that this would set a precedent for isolated industrial zoning both within rural community centers in the County and along major highways. In consideration of this application, the Planning Commission should remember that although the use that is proposed in this application may have minimal adverse effects on surrounding properties, there are a number of permitted uses in an M-1 zoning classification which could potentially have an adverse impact on the neighborhood. One final issue which the Planning Commission may choose to consider in their evaluation of this application would be the location of a historic structure immediately to the south of this property. Impacts on this structure in relation to those impacts on a conventional residence are very difficult to quantify, but this adjoining residence is identified in the historic site survey made of the County by the Frederick County Historical Society. STAFF RECOMMENDATIONS: In considering this application, the Planning Commission should take the following factors into account: 1. Does the application conform to the Frederick County Comprehensive Plan? 2. Does the application violate the Planning Commission's spot zoning policy? 3. Could M-1 Zoning in this location have a negative impact on the Round Hill Rural Community Center and/or adjacent historical properties? Page Three Soper Rezoning PLANNING COMMISSION RECOMMENDATIONS: The Frederick County Planning Commission has recommended that this application be denied, by the following majority vote: YES: Messrs. Palumbo, Brumback,.Myers, Gordon, Golladay, Kirk NO: Messrs. Romine, DeHaven, Stiles Rural Community Centers The county has several community centers, some along major routes which still thrive, but many have their stores and post offices closed. In addition to the two (2) commercial areas which will be in The Summit and Shawneeland, the communities of Nain, Hayfield, Star Tannery, Pleasant Valley, Round Hill, Brucetown and Armel are suggested as community centers. These centers, or town, or villages could be revived to serve as development areas for those large lot subdivisions that will be designed for use with individual utilities and may, or may not, have public roadways as well. With this type of subdivision activity occuring on adjacent lands, the community centers would be able to once again have the stores and service businesses that will serve a wide area. A 441 � //A r3 A 1L. A, -47s.wlny El .7-77, Aw —7 —7 Li CZa Cp 5 4 54 T1, THF cD C--A TplCo A - S C-,- 0 C,- � 1, r,, IRIC. RGImErMs PLANVR� 417 West Dr Cad St. --Fa"S church. 22016 1 o Virgini?22''.Ueitih(ate Of o rl Clerk, (oltiflod cr;tp"( ,yyyy yYYyy�Y v.Y4yw�./.��/•�ifi.A1C��7��.h�r�.r..«ur....��... �,.s.--..-.._...,—. 1�1f �ir �C�f •R K � ��'1M1 7C7f'iP R. H. CARPER TO y • DEED DA i� M R. SO PER, ET UX as Rusk 30 encf It THIS -DEED, made and dated this, _ %,Q� day of February, 1972. i by and between k'. H. Carper, single, Grantor, party of the first I part, and David R. Soper and Margaret V. Soper, husband and wife, Grantees, parties of the second part. WITNESSETH: That in and for the consideration of the sum of j Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantor does hereby grant, sell and convey, with General Warranty of title, unto the said David R. Soper and Margaret V. Soper, husband and I wife, in fee as tenants by the entirety, with the common law right of survivorship, it being intended that the part of the one dying first shall pass to the survivor, his or her heirs or assigns forever, all of that certain tract of land containing sixteen (16) Acres, more or less, lying and being situate on the South side of U. S. Highv(ay Routh No. 50, in Back Creek, formerly Gainesboro District, Frederick County, Virginia, bounded on the South by old U. S. 50, together with improvements and appurtenances thereunto belonging, being a portion of that certain tract of land conveyed to the Grantor by deed dated September 29, 1947, from Herbert S. Larrick, et als., Special Commissioners, of record in the Clerks Office of the Circuit Court of Frederick County, Virginia, in Deed Book 202, at page 293, and being all of the land owned by the said Grantor on the South side of present U. S. Highway Route No. 50, West 'l of the City of Winchester, Virginia. Reference to the aforesaid deed I� is hereby expressly made for the recitations therein contained. This conveyance is made subject to all legally enforceable I covenants, easements and restrictions, if any, of record affecting this I tract of 1a�Ad. Subject to the foregoing paragraph, the Grantor hereby cov. enants that he has a good right to convey said land to said Grantees; 1 that he has done no act to encumber said land; that it is free from all j liens knd encumbrances; that he will execute such further assurances of 0 title as may be requisite; and that said Grantees shall have quiet possession of the said land. -1- V _i -41 '3 , y;• -y 4 i'��k•. �h.� - � ''=r� X .fit- Y �� Axeb.eztck Gann#p 39epart rent of J�Iannrttg allb �D-6-elapilent JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601 DEPUTY DIRECTOR M E M O R A N D U M TO: Department4pf Inspections , ATTN /Ir.John W. Dennison Health Depa)rtment , ATTN Mr. Herbert Sluder •r VA Dept. of Highways and Transportation , ATTN Mr. R. C. King _ Zonin FROM: John R. Riley, Director SUBJECT: Review comments on ATTN Mr. John T. P. Horne Date June 23, 1981 Conditional Use Permit Subdivision X Rezoning Site Plan We are reviewing the enclosed request by David & Margaret Soper or their representative Deborah Brumback 667-5212 . Will you please review the attached and return your comments to me by as soon as possible This space should be used for review comments: J SignatureDate 703/662-4532 Zoning A,-nendment No. Application Date o; APPLICATION FOR REZONING . . . • . . . . . . . . - • . COUNTY OF.FREDiRICK; VIiZGItIIA TO THE PLANNING C0.1*1ISSION AND BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA . I (WE), THE UNDERSIGNED, DO HEREBY RESPECTFULLY tdAKE APPLICATION AND PETITION THE GOVERNING BODY TO AMEND THE ZO`1ING ORDINANCE AND TO CHANGE THE ZONING IMP OF COUNTY OF FREDERICK, VIRGINIA AS HEREINAFTER REQUESTED, AND IN SUPPORT OF THIS APPLICATION, THE FOLLOWING FACTS ARE SHONN 1. The property sought to be rezoned is located 3 Miles West of Winchester City Z-m. Bound lane (Sep attach€d- plat) It has a frontage of 307.84 feet and a depth of 10.6. 22 'feet and consists of 1.558 acres 2. The property sought to be rezoned is owned by )ayitjR, anri jq,,-,agret V. SGPGV as evidenced by deed fro: -. - �F;y _ recorded : in :Eon?; 4 (78 Page - 72 , Registry of County of 'Frederick County, Virginia. This property is designated as Parcel No. on Tax Map No. 52—"A!1-92-C (Note: Numbers may be obtained from the Office of Commissioner of Revenue.) 3. It is desired and requested that the foregoing property be rezoned: FROM B-2 TO M-1 4. It is proposed that the property willbeput to the following use: ..Manufacture custom Ornamental iron g-nclucts and retail outlet. (Railings,' Window Guards, Doors, Steps and Platfnrms aryl Decora-tiy:P 5. It is proposed that the following buildings will be constructed: The size on Ifexi St].x>gll.a)Ai r- i ng i o 3-1 T� + The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the'property in front of (across street from) the property sought to be rezoned: (Use additional pages if necessary.) NAME Nu-mberS COMPLETE MAILING ADDRESS (Street, Route, Box, Etc. NOS.) PARCEL Tf�Y MAP East side 1 52 A 149 Hagerstown.-Md.0- West Side :) Forest Hill Assoc.',' Box 2721 Winchester Va. 22601 Across Road Oates Used Auto Sales cross R-oad. 3 and 2 52 8 3 r Burl A. tmmart 4 52 8 = John E. Hoover 5 52 8 5 Route d ;^linch t Back side j Timothy A 52 A 92 Route 2 4 Box Winchester Va 01 Across Road z Glenwood P. Nichol on -02. 52 A 92-A Route 29 Box 43 Winchester Va. 22601 (NOTE: Information may be obtained from, the Office of the Commissioner of Revenue.) -7 '. MM._.. I=_*%I 1 DEBORAH M. BRUMBACK ATTORNEY AT LAW JLICENSED IN VIRGINIA AND MARYLAND �ed to support this application (Use additional pages if 'necessary_),` - - -- - -- -- - =-cam f-- >..r t�. ;...i ..�.; �.�-�._-_ +r.,• M.r _ i�:l� :�4"tea, t' • N 11" ._...-SCALED�1" = 2,000' AREA CooE 703 25 SOUTH KENT STREET TELEPHONE 657.5212 WINCHESTER. VIRGINIA 22601 oposed 'and/or existing structures on property With I SIGNATURE OF APPLICANT: P•IAILING ADDRESS OF APPLICANT: (Complete with Route, Street, Box, Etc_ NUMBERS.) f.o.r. f.f.i.c.e u.s.e o.n_l. PLAN^LING COMMISSION PUBLIC HEARING RECOZZ-424ENDATION OF (date) ar _ IApproval, �+ Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Q Approval Denial -- COUNTY ADMIN. (signed) FJr VCZ��t�c�11 - En15 �..� oun 1 it'll u/ a .�_ Z • ti J � 1 j • H 4�• • � IJ , n I I 'c ) ?(71 �`� %^ \. • C U �ti � n .a—r- sa. - -- - .'.'1 Ci: L•TA f3/a-�1V�j AR.Y _TG�� Rc� _ f 17��-o�co•• It1��.�a11_j`��•' �i'� =,.•.a.21• r,�J,^I�t•�.��•'v�i Pt -AT el::-el::-1 ,rrr/ -,�• j coca v f�'<'T','^J .rJr.<. nnin ��•.'c=cam -ram � � I t✓c`- -? �h,o.E�'�!. �, i �::�. •. i •t L-„cam t"L-_:7 r • IZOpY g��o F'A,�'�[= 4�3/� �•Mn(�IC-; -E-4�;E-' E_.�_r Its �,_ � ..:. �>ii_'t�Ct=tG Gnt�tuT Y NES/�. ,. EI Glti=ifiS � `' , EGC9C.,' •' I" 41Plrlflh.OS SUIRCI'(!!1 Falls Church, Virg Route Box 26f1 ,._.�'. -----•.—�r�� T --- Virginia 22046 Vlr Ini r.rCertificate of Achn I,c►nc!( �.�'i~ `;� ,,. }h c� _J V; -0 Y44404 SOPIR"`ET:UX r "'I .* ww BOOK 38S PAt 496 V; DE3b,"'. ade and dated this � y y,192i by and between W. H. Carper, single, Grantor, party of the first part, and David R. Soper and Margaret V. Soper, husband and wife, Grantees, parties of the'second part. WITNESSETFI: That in and for the consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable considoration,:the -receipt of all of which is hereby acknowledged, the Grantor'�does' hereby -.grant, 'sell and convey, with General Warranty -of title, unto the said David R. Soper and Margaret V. Soper, husband and wife, in fee as tenants by the entirety, with the common law right of survivorship,�Jt being intended that the part of the one dying first shall. ass _ihe'.'survivori his or her heirs or assigns forever, all of that certain',7tract:'.of,land containing sixteen (16) Acres, more or less, lying: -and., being',7siivate on the South!.side of U. S. HighW,,ay Routh No. 50, in Back:'-, e ormorly"Gaineaboro District, Frederick County, Virginia,. bounded on the South by old U. S. 50, together with improvements and appurtenances thereunto belonging, being a portion of that certain tract of land conveyed ..to the Grantor by deed dated September 29, 1947, from. Herbert* et '-als. Special Commissioners, of record in the Clerk ls,Office .of the Circuit Court of Frederick County, Virginia, in Deed Book'-.'202 'page'.* 293, and being all of the land owned by the said Grantor on ;'the South"side of present U. S. Highway Route No. 50, West of the.City.of Winchester, Virginia. Reference to the aforesaid deed is hereby y.-ekpressly-made for the recitations therein contained. !.conveyance is made subject to all legally enforceable coven an -'and ''re's t ric tIon s, if any, of record affecting this,., tract ,of :land.-' ...... ,,,Stibject-*:.to"tlie'"foregoing paragraph, the Grantor hereby cov....". enants thati h e': as a , good right to convey said land to said Grantees.. that he has done no act to encumber said land; that it is free from all liens hnd encumbrances; that he will execute such further assurances of title as' may'be requis'it*e; and that said Grantees shall have quiet possQes�ion cif the said land. 4