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06-02 Dalrymple - Red Bud - Backfile
CASH RECEIPT Received From Address For AMT OF ACCOUNT `-' AMT. PAID BALANCE DUE CASH CHECK ^ ' MONEY ORDER ❑ CREDIT CARD El + i REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List DATE S- 15 C1 Application received/file opened Fee & Sign Deposit _ Deed Plat/Survey Taxes Paid Statement Impact Model Run _ Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing One 8'/2" x 1 1" black and white location map ordered from Mapping 5, 2Q -r12 01"ile given to office manager to update Application Action Summary � q•�� -02 PC public hearing date ACTION: 44U lao Movf4 to pe.h ACTION: WITHDRAWN Signed copy of resolution for amend nt of ordinance, with conditions proffered [if applicable], received from my Administrator's office and given to office manager for placement i e Proffers Notebook. (Note: If rezoning has no proffers, resolution in Amendments Without Proffers Notebook.) Action letterr►�failed to applicant Y-�4 5 0.2— Reference manual and D-base updated j— File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map Zoning map amended U \C"\CommonWckmg ru Revised 05/09/02 SS-0 A Sa i % 21,AATJIDRAWN� BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM IN BILLY J. TISINGER IAN R. D. WILLIAMS CHARLES S. MCCANDLISI 11948-2001 BRUCE E. DOWNING TRAVIS IOSEPH TISINGER STEPHEN L. PETTLER, JR. BEAU BASSLER HARRISON & JOHNSTON ATTORNEYS AT LAW 11051 0111cl BOX 809 WINCHES ER, VIRGINIA 22604 September 19, 2002 Mr. Eric Lawrence, Director Frederick County Planning Commission County of Frederick Department of Planning & Development 107 North Kent Street Winchester, VA 22601 RE: Valley Mill, LLC Application for Rezoning Number 06-02 Dear Mr. Lawrence: S-1 REET ADDRESS : 21 5. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 540-667-1312 Upon the direction of my client, Valley Mill, LLC, please withdraw the above referenced application front consideration of the Frederick County Board of Supervisors. Please send confirmation of your receipt of this correspondence, in writing, at your earliest convenience. Thank you for your courtesy and attention to this matter. With best regards, I am 0 S SLP/jdw cc: Mr. Rex Dalrymple, Valley Mill, LLC EUElxu/Er S E P 2 3 2002 UEPT, OF PLANNINGIDEVELOPMENT �V Y :YTHD 1. 1 L "I 1 '1 REZONING APPLICATION #06-02 DALRYMPLE Staff Report for the Planning Commission Prepared: August 19, 2002 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 /natter. Reviewed Action Planning Commission: 06/19/02 Tabled 09/04/02 Pending Board of Supervisors: 09/25/02 Pending PROPOSAL: To rezone 3.18 acres from RP (Residential Performance) to B2 (Business General) District. LOCATION: This property is located at the southeast quadrant of the intersection of Berryville Pike (Route 7), and Valley Mill Road (Route 659). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A, 54F-3-A1 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business General) District Use: Vacant South: Zoned RP (Residential Performance) District Use: Residential East: Zoned B2 (Business General) District Use: Commercial - 220 Seafood RP (Residential Performance) District Residential West: Zoned B2 (Business General) District Use: Commercial RP (Residential Performance) District Residential M N REZ #06-02, Dalrymple Page 2 August 26, 2002 PROPOSED USE: Commercial REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have significant measurable impact on Routes 7/716/659, the VDOT facilities which would provide access to the property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation Manual, Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of- way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. See attached VDOT comments dated 3125102. Fire Marshal: Recommendations: Sprinkler system and automatic fire alarm system. Plan approval recommended. Greenwood Volunteer Fire & Rescue: The only noted question is do we really want to create another way to get onto Route 7 by-passing the light? This may cause more accidents. County Engineer: We have no comments at this time. We reserve the right to perform a detailed review at the time of the site plan submission. Sanitation Authority: No comment. Health Department: Keep fuel tanks 100'+ from existing wells. Keep sewer lines 50'+ from wells. Abandon all other wells as per the requirements in the water well regulations. Existing septic tanks must be pumped and removed or pumped and filled with suitable fill material. Restaurant permits are required. Historic Resources Advisory Board: No comments on this rezoning request. City of Winchester: Please see attached letter fi-om Tim Youmans, Director of Planning, dated 10/31/01. Planning & Zoning: 1) Site Histoi y The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the five parcels which comprise the proposed rezoning as R2 (Residential Limited) District. On February 14, 1990, the R-2 District zoning classification was modified to RP (Residential Performance), during the comprehensive amendment to the county's Zoning Ordinance. Prior to the redistricting, the subject parcels were part of the Stonewall Magisterial District. M N REZ #06-02, Dalrymple Page 3 August 26, 2002 2) Location The five parcels which comprise the proposed rezoning are located on the south side of Berryville Pike (Rt. 7); and on the east side of Valley Mill Road. There is an existing access road (Route 716) that extends along the front of the subject property and intersects Valley Mill Road. The subject property abuts a B2 parcel on the northwest, RP property to the southwest, a restaurant along the northeast property line, and RP property on the southeast. Rt. 7 is classified as a major arterial roadway. There are three existing structures on the site, to be removed to the development. The subject property is located in the Redbud Magisterial District, and is located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). 3) Site Suitability The site is not located in a flood plain, and there are no wetlands present on the site. Approximately 29,150 sq. ft (.67 Ac.) of the site has slopes greater than 15%, and this area is generally located along the eastern property line. Approximately 37,000 sq. ft. (.84 Ac.) of the site is currently wooded. The trees mostly consist of second generation growth, one -inch to three-inch caliper, and brush as undergrowth. The soils on the site are listed in the Soil Survey of Frederick County Virginia as moderate to severe for building site development. 4) Potential Impacts & Issues a.) Transportation Impact Analysis Statement The subject site could have access from both Valley Mill Road (Rt. 659) and Berryville Pike (Route 7). Information provided within the applicant's Impact Analysis Statement advises that traffic generation from the 3.18 acres requested to be rezoned will produce 1,992 vehicle trips per day on the existing road system, as calculated utilizing The Institute of Transportation of Engineers Trip Generation 6°i Edition, for a fast food restaurant and a convenience store. As part of this rezoning, the applicant requests to discontinue the existing Rt. 716 and Valley Mill Road entrance; the entrance would be relocated further east on Valley Mill Road. Review Agencl, Conmtent The Virginia Department of Transportation (VDOT) has reviewed the Rezoning Concept plan. VDOT comments first on the proximity of the proposed site to I-81. If VDOT were to approve an entrance, there could be no guarantee that the location would not be impacted by the widening of I-81 in the immediate vicinity. VDOT affirms that Rt. 716 should be retained as an open N N REZ #06-02, Dalrymple Page 4 August 26, 2002 operating facility for public access for users on and through the site with properly dedicated right-of-way to the Commonwealth of Virginia. With the proposed extension of Rt. 716 along 659, VDOT feels an acceptable headlight glare barrier (not vegetative) should be located between Rt. 716 and Rt. 659 (Valley Mill Road). VDOT also states that Rt. 716 should be one- way south where it is parallel with Rt. 659. If so, the 24' proposed roadway width would be acceptable with curb. Planning Staff Comment The applicant states that 60 percent of the new traffic would utilize Valley Mill Road, and 40 percent Berryville Pike. The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Report 34 indicates that the average annual daily traffic (AADT) counts for Valley Mill Road was 6,100. Counts for Berryville Pike were 24,000 AADT. Based on these assumptions, the proposed use would introduce an additional 1,195 VPD onto Valley Mill Road. This increases the traffic on Valley Mill Road to 7,295, an increase of 20 percent. The proposed use would introduce 797 VPD onto Berryville Pike, an increase of seven percent over the current 24,000 AADT. b.) Water & Sewer I npact Analysis Statement There will be public water and sewer seining the site. An existing 16" waterline runs along the north and west line of the site, generally following existing right-of-ways. There are two fire hydrants located on or neat- the site. Based on a demand of 1,000 g.p.d., the projected water demands for the site would be 3,180 g.p.d. The applicant states that, per Mr. John Whitacre of the Frederick County Sanitation Authority, the existing water line has adequate capacity to support the proposed rezoning. Currently there are several wells on the site, and the existing wells will be used to irrigate the site landscaping. An existing gravity sewer is located along Valley Mill Road approximately 275' south of the intersection of Route 7 and Valley Mill Road. Based on a demand of 1,000 g.p.d., the projected flows for the site would be 3,180 g.p.d. The applicant states that, per Mr. John Whitaker of the Frederick County Sanitation Authority, the existing sewer line has adequate capacity to support the proposed rezoning. Review Agency Comments The Frederick County Sanitation Authority had no comment on their review sheet submission. Staff Comments 40 M REZ #06-02, Dalrymple Page 5 August 26, 2002 Staff would note that there is also a City of Winchester sewer main in close proximity to the site and that if the applicant intends to utilize the City's sewer main, approval for connection Should be through the Winchester Department of Public Utilities. This could be addressed at the time of the Master Development Plan review. c.) Solid Waste Disposal For intense commercial uses (worst case scenario) based on the EPA environmental defense fund study for intense commercial uses, the amount of solid waste generated per 1,000 sq. ft. of building space would be approximately 10,500 lb./yr. This results in approximately 64,050 lb. of waste generated per year. d.) Impact on Community Facilities The County's Capital Facilities Fiscal Impact Model projects an impact to fire and rescue services. STAFF CONCLUSIONS FOR 06/19/02 PLANNING COMMISSION MEETING: The 3.18-acre site, comprised of five parcels zoned RP (Residential Performance), is within the Urban Development Area and the Sewer and Water Service Area. Adjoining these tracts on the east and on the west are existing B2 tracts. Furthermore, the site is adjacent to Interstate 81, Exit 315, and is consistent with the Idealized Interchange Development Pattern included within the County's Comprehensive Policy Plan. Staff would note that the applicant does not specifically identify mitigation efforts to offset the anticipated impacts on the County's fire and rescue services, nor does the applicant consider the impact such a use would have on the public as they exit the interstate and enter our community, as well as the adjoining residential uses. Futhermore, staff would note that the Rezoning Concept Plan, submitted with this application, is not a proffered document; therefore, it Should only be utilized for illustrative purposes. The applicant should be prepared to address the concerns raised in this report, as well as the concerns raised by the Planning Commission and the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 6/19/02 MEETING Four neighboring residents spoke at the meeting: The owners of the 220 Seafood restaurant expressed their concerns about traffic congestion, well contamination, noise, and visual impacts; they believed the applicant should provide a traffic signal and provide an improved overall traffic flow plan. The other two citizens were also concerned about additional traffic impacts on an area already heavily congested; they also requested some buffering on the west side of the site. dR •0 REZ #06-02, Dalrymple Page 6 August 26, 2002 The Commission believed the applicant should supply detailed information on transportation flow, signage for traffic control, detailed protection of water wells, information on stormwatcr management, and detailed information on design standards, landscaping, and lighting. Members of the Commission informed the applicants that the issues raised must be addressed and they would be more comfortable approving the rezoning if the issues were detailed in a proffer statement. They also believed the applicant should proffer out undesirable B2 uses and address the residents' concerns regarding traffic congestion. Commission members agreed that this was the opportunity to mitigate the anticipated impacts. The Commission voted unanimously to table the rezoning request for 60 days to give the applicant the opportunity to provide additional detailed information concerning all of the items mentioned above. (Note: Commissioners Triplett and Light were absent from the meeting.) UPDATE SINCE PLANNING COMMISSION MEETING ON 06/19/02 A statement of proffers was hand delivered to members of the Planning Commission just prior to the meeting on June 19"', which was noted as "unacceptable" by the Chairman. The initial statement of proffers and the amended and re -stated statement of proffers attempts to address some of the concerns of the Planning Commission. The most recently revised proffer statement is dated August 9, 2002, however, some of the proffered conditions as written would apply only if the property is ultimately owned and developed by Valley Mill, LLC. Staff would also note that tine submitted proffer statement has not been signed by all of the current property owners. The aniended proffer statement provides for the following: • A monetary contribution of $2,500.00 for Frederick County Fire and Rescue • Landscaping to exceed the requirements of the Frederick County Code as they relate to landscaping, buffers. The number of plants within the buffer yard along tine southern property line between the existing residences and the proposed development will have a plant increase of 20% to increase year-round screening. • Work with VDOT to level the existing berm between Rte. 716 and Route 7, and to work with staff and VDOT to landscape it in an attractive and maintained setting. The applicant would make this effort in order to beautify and counter -balance the impact the proposed use will have on the public as they exit from I-81 and enter our community, as well as minimize the impact the proposed use will have on adjoining residences. • All wells on the property will be capped in compliance with all federal, state and local laws, ordinances, and regulations, and the applicant voluntarily proffers that all fuel tanks which may be constructed on the property will be constructed of double lined tanks with adjacent monitoring wells to deter and monitor the escape of fuel products into the surrounding soils. N M REZ #06-02, Dalrymple Page 7 August 26, 2002 • In the event the property is subsequently purchased and developed by the proposed end user as a 7-Eleven Convenience store, the applicant will cause the building to be constructed using an architecturally distinctive brick facade and brick faced exterior walls with a mansard roof design and brick faced columns supporting the canopy over the location of the fuel pumps adjacent to such 7-Eleven Convenience Store. • Work with VDOT to construct off -site road improvements to the subject property, as well as the property to the east (220 Seafood Restaurant) as follows: construction of a right turn lane in the VDOT right-of-way situated to the south of Virginia Route 7 and contiguous to the northern boundary of the subject property. The right turn lane shall be approximately 600 feet in length and approximately 14 feet in width, and shall connect with and provide access to the entrance to the 220 Seafood Restaurant as well as the subject property out of the main traffic lanes on Route 7 eastbound. The cost of constructing the right turn lane shall be at the expense of the applicant, its lessees or assigns. • Prohibit the following uses for a period of 20 years: communication facilities; electric, gas and other utility facilities and offices; legal services; membership organizations; model home sales offices; public buildings; parks; churches; libraries; adult care residences and facilities; fire stations, companies and rescue squads. STAFF CONCLUSIONS FOR 09/04/02 PLANNING COMMISSION: The applicant has submitted a revised proffer statement in attempt to address various concerns raised during the Planning Commission's June 1911, meeting. Most of the issues of concern have been addressed. Staff would note, however, that the proffered conditions have not been signed by the property owners. Also, many of the proffers, as written, would apply only if the site is ultimately owned and developed by the applicant, Valley Mill LLC. TheI l 8 acre site, comprised of five parcels zoned RP, requesting B2 zoning classification is consistent with the County's Land Use Plan. The applicant should be prepared to address any concerns raised in this report, as well as the concerns raised by the Planning Commission and the Board of Supervisors. 0 blgcndu\CO\f\ICNTS\RVONING\S(aff Rcport\2002\Dafr),mplc PC2 wlxl NOV— 5-01 NON a:44 RE: DALRYMPLE 41099 3093 P.01 I• • • CITY OF WINCH.ESTER. MEMORANDUM TO: Tim Youmans Director - Planning FROM: Dale E, Lehnig, P. E. Project Engineer - Public Utilities l l' DATE: October 31, 2001 SUBJECT: 7-Eleven I Route 7 @ Valley Mill Road Frederick County GINIA Rouss City Hall 15 Noa'th Cameron Street Winchester, VA 22601 640-667-1816 FAX: 540-722-3618 TJ)D: 540-722-0782 Web Site: �vinchester.va,us CT 3 1 2001 We have reviewed the following: 1. 7-Eleven, Route 7 at Valley MITI Road, Frederick County, Sheel land 2 of 2, including Sheet 1- Rezoning Site Plan (dated 5/01). and Sheet 2 - Rezoning Land cape Plan (dated 5/01), Plans were prepared by: Chester Engineers, 818 West Diamond Avenue, Gaithersburg, MD 20678. 2. Rezoning Application Form and supporting documentation. Based on our review we have the following comments: 1. The Rezoning Application Form and attached Information note that the site will be served by public sewer and notes the location of the existing sanitary sewer. The report also notes that Frederick County Sanitation Authority stated that the Brie has adequate capacity for this project. The Report should clarify that the existing sewer main Is a City of Winchester sewer main, and approval for connection should be through the Winchester Department of Public Utilities. 2. The Plans do not show the proposed sanitary sewer connection, Plans need to show the location of the proposed sanitary sewer lateral(s), loca ions of cleanout(s), pipe sizes and materials. Connections must conform to the City of Winchester Standards. 3. If the proposed sewer connection point Is a City of Wi chester sewer main, availability fees payable to the City of Winchester are applicable and a e based on the size of the proposed water meter(s). 4. The Plans should show the locations) and slze(s) of t e proposed water meters. No error or omission In either the plans, calculations or application (whether these plans, calculations or applications have been reviewed by the City or not) shall permit or release the applicant and dd�lgner from constructing this work in any other manner than that provided for in the City Ordinances, r1 If you should have anY questions, please do not hesitate to call. 4� cc: file a o Lr) Post -it" Fax N 7671 q pa9oa� ):_.P T Fro co, Phone M ui Ph n �^ �k Fax # ' FIX 4 t l CA "Providing quality services to our citizens in a cc st-effective, efficient and courteous manner, while artlicipating die future 4eeds of our community." 9 • 0 • Funkhouser, Rhonda From: Funkhouser, Rhonda Sent: Monday, March 25, 2002 2:55 PM To: 'Henk Sterenberg w/ Chester Engineers' Cc: Melnikoff, Steve; Coffman, Homer; Heironimus, David (Dave) Subject: 7-Eleven / Route 7, Berryville Pike @ Route 659, Valley Mill Road / Frederick County A VDOT review has been completed on the Rezoning Concept Plan dated May, 2001 for the referenced project. Our first comment revisits the caveat statement concerning the proximity of the proposed site to Interstate Route I-81. There can be no guarantee by VDOT that in the event of an approved entrance being granted by VDOT, that the location would not be impacted by widening of I-81 in the immediate vicinity. We are providing general approval of the Rezoning Concept Plan referenced above, based primarily on the fact that the plan acknowledges the affirmed VDOT position that Route 716 should be retained as an open operating facility for public access for all users around, on and through the site property with properly dedicated right-of-way to the Commonwealth of Virginia. Other comments, which have been established prior to site plan stage development due to the overall complexity of issues surrounding the site, are restated for continuity. • The desirable entrance access to Route 7 should be located as far east on the site as practical. An acceptable minimum distance would be 300' east of Route 659 intersection radius termini to proposed entrance west radius termini. • Entire site frontage along Route 7 should provide appropriate curb and gutter CG-6 with face of curb established at 14' from existing edge of pavement. • The drainage analysis should include the site discharge on existing series of culverts under the 220 Seafood entrance (on Commonwealth of Virginia right-of-way). This should address culvert size required to accommodate cfs volume at inlet end (receiving additional cfs from site). Comments addressing proposed extension of Route 716 along existing Route 659: • An acceptable headlight glare barrier (not vegetative) between Route 716 and Route 659 should be provided. • Route 716 should be one way south where parallel/concentric with Route 659. If so, the 24' proposed roadway width would be acceptable with curb. VDOT would continue to reserve the opportunity for detailed review of any site plan proposal. If there are any questions, please call. Barry J. Sweitzer Trans. Roadway Engineer 1 OUTPUT MODULE APPLICANT: PIN 54F-A30, etc.. LAND USE TYPE Business Costs of Net Fiscal Impact ImpacLC[e it INPUT MODULE Crediissohesake REAL EST VAL $4.421,324 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 4 Qapital F.acittiies col sum only) 9pQLCCaIL�quip Ex�-Qal)0- Taxes Other Fire and Rescue Department $43,621 Elementary Schools $0 Middle Schools SO SO s0 High Schools $0 $0 Parts and Recreation SO SO Public Library $D SO $1.350 s0 s0 Sherif'sOffioes so Administration Building $0 Other Miscellaneous Facilities so $15,654 S3,150 Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per Lt$tadiustedl CQstaalance Facilities Impact Dwellinn Unit s0 SO $43,621 ERR $0 SO $0 ERR SO so $0 ERR s0 SO $0 ERR $1,350 S1,350 $0 ERR $0 $0 $0 ERR $18,804 S18,804 s0 ERR SUBTOTAL S43,621 $17,005 $3,150 so S20,155 LESS: NET FISCAL IMPACT $2,641,117 S2,641.117 NET CAP. FACILITIES IMPACT INDEX "1.0' if Cap. Equip Included: 1.0 INDEX:'1.0" tf Rev -Cost Bal, '0.0' g Ratio to Cc Avg 0.0 Rev -Cost Bat = PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Cc Avg = METHODOLOGY 1. Capital facilities requirements are Input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees forone year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth ool as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). $20,155 $23,466 ERR 52,641,117 M.ERR 0 ERR 1.000 1.433 NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do Include interest if the projects are debt financed. NOTES: Model Run Date 2/5101 ERL P.I.N.s 54F-A-30, 30A, 31, and 54F-1-9A, 9 Rezoning: Assumes 3.18 acres zoned B2 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date_ it D C�� Sl TE C3 c� qo N W J Q U N -N- WINCHESTER 7 F C 81 AFT vlclf� SCALE AMENDED AND RE -STATED STATEMENT OF PROFFERS In re: Frederick County Department of Planning and Development Re -zoning Application # 06-02 Valley Mill, LLC, Applicant Valley Mill, LLC, in conjunction with Frederick County Re -zoning Application #06-02, hereby proffers the following to the County of Frederick, Virginia, in consideration of the review and approval of its application to re -zone Tax Map Parcels 5417-1-9, 54F-1-9A, 54F-A-30,54F-3-A and 5417-3-A I from current RP (Residential Performance) zoning to B2 (Business General) zoning. I . Valley Mill, LLC hereby voluntarily proffers that, in the event re -zoning application # 06-02 is approved and the property subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will pay to the Treasurer of Frederick County, Virginia the amount of $2,500.00 for Frederick County Fire and Rescue. This payment is intended to off -set additional costs to Frederick County due to an increased demand for public services necessitated by proposed development and will be paid at the time of the submission of the first site plan on the property. 2. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved, and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will cause landscape architecture on the subject property to exceed the requirements of the Frederick County Code as they relate to landscaping, buffers, and like requirements as follows: the number of plantings required within the buffer yard will be increased by twenty percent (20%) of the number required by the Frederick County Code. Nineteen (19) additional evergreen plants, a combination of trees and shrubs, will be provided in the buffer yard to further enhance year-round screening. The buffer yard is located along the southern property line between the existing residences and the proposed development. The cost of maintaining such landscaping shall be at the expense of the applicant, its lessees or assigns. 3. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to level the existing berm between Route 716 and Virginia Route 7 and, in order to beautify and counter -balance the impact of the proposed use this parcel will have on the public as they exit from interstate I-S 1 and enter our community, as well as minimize the impact the proposed use will have on adjoining residences, Valley Mill, LLC hereby agrees to work with the Virginia Department of Transportation, the owner of the berm, ill Conjunction with the Frederick County Planning Staff to level the berm and landscape it with natural plantings consistent with the character and environment of the County in an attractive and maintained setting. The cost for the leveling of the berm and plantings shall be at the expense of the applicant, its lessees or assigns. 4. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to construct off -site road improvements to the subject property, as well as to the property to the east of the subject property (220 Seafood Restaurant) as follows: construction of a right turn lane in the Virginia Department of Transportation right of way situate to the south of Virginia Route 7 and contiguous to the northern boundary of the subject property. The right turn lane shall be approximately six hundred feet (600') in length and approximately fourteen feet (14') in width, and shall connect with and provide access to the entrance to the 220 Seafood Restaurant as well as the subject property out of the main traffic lanes on Virginia Route 7 eastbound. The cost Of constructing the right turn lane shall be at the expense of the applicant, its lessees or assigns. The final specifications for the above referenced right turn lane are subject to final approval by Virginia Department of Transportation. 5. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, the following uses allowed by Frederick County Code § 165-82 (B) will not maintained on the property for a period of twenty (20) years from the date upon which this proffer is recorded in the Office of the Clerk of Court for the County of Frederick, Virginia: a. Communication Facilities (Standard Industrial Classification ["SIC"]No. 48) b. Electric, gas and other utility facilities and offices (SIC No. 49) C. Legal Services (SIC No. 81) d. Membership Organizations (SIC No. 86) C. Model Homes Sales Offices f. Public Buildings g. Parks h. Churches i. Libraries j. Adult care residences and facilities k. Fire stations, companies and rescue squads 6. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, all existing water wells on the property will be "capped" in compliance with all federal, state and local laws, ordinances and/or regulations, and further, the applicant voluntarily proffers that all fuel tanks which may be constructed on the property will be constructed of double lined tanks with adjacent monitoring wells to deter and monitor the escape of fuel products into the surrounding soils. 7. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone and one of the proposed the end -users of the property is a 7-Eleven Convenience Store (as contemplated pursuant to a contract between the applicant and 7-Eleven which is contingent upon the aforementioned re -zoning approval), the applicant will cause the building used by the 7-Eleven Convenience Store to be constructed using an architecturally distinctive brick Page 2 of 3 • • facade and brick faced exterior walls with a mansard roof design and brick faced columns supporting the canopy over the location of the fuel pumps adjacent to such 7-Eleven Convenience Store. Intending to be legally bound Hereby this 9"' day of'A«gust, 2002, WITNESSETH the following signature: lit IMPACT ANALYSIS STATEMENT FOR THE SOUTHEAST CORNER OF THE INTERSECTION OF VALLEY MILL ROAD @ ROUTES 7 AND 716 A. SUITABILITY OF SITE • The site is located in Zone "C", areas of minimal flooding, per FIRM Community Panel 510063-0115-B. • Wetlands Per the National Wetland Inventory Maps, no wetlands are present on site. • Steep Slopes (15%+) Approximately 29,150 square feet (0.67 Ac.) of the site has slopes greater than 15%. The area is generally located along the eastern property line, see attached plan. • Mature Woodlands Approximately 37,000 square feet of the site is currently wooded. The area would not be considered a mature woodland area, generally the wooded area consist of second generation growth (1"-3" cal. trees) and undergrowth (brush). • Prime Agricultural Soils The soils on site are listed in the Soil Survey of Frederick County Virginia to be fairly to moderately well suited for cultivated crops. Currently no agricultural activities are present on site. • On -site Soil/Bedrock Conditions consist of Berks Channery Silt Loam (113, 2-7% slopes, shale bedrock at 30") and Clearbrook Channery Silt Loam (913, 2-7% slopes, shale bedrock at 27"). • The soils are listed in the Soil Survey of Frederick County Virginia as moderate to severe for building site development. During the site plan stage a Geotechnical Engineer will evaluate the on -site soils and make recommendations for the proposed development. B. SURROUNDING PROPERTIES The subject property is surrounded by State rights -of -way, Rt. 7 and Rt. 716, to the north and Rt. 659 to the west (site is triangularly shaped). It abuts residential properties to the southeast and a restaurant along the northeast property line. The closest residential building to the subject property boundary line is approximately 8' and the furthest is 235'. The 220 seafood restaurant is approximately 300 feet from the subject property boundary line. In areas where residential properties are adjoining the subject boundary line Category "B" landscape buffers and maximum setbacks are provided to minimize impacts. Orientations of buildings are such to face away from these residences. Building and area lighting is designed as non -glare and forward throw to minimize lighting "spillover" onto adjacent properties. Vapor recovery systems employed on the gasoline dispensers minimizes odor. Trash receptacles are provided throughout the site. The receptacles will be screened with 8' high sight proof enclosures. C. TRAFFIC The subject site will have access from both Valley Mill (Rt. 659) and State Route 7. As part of this rezoning application a discontinuance of a portion of the existing Rt. 716 right-of-way is being requested. The discontinuance will take place from the intersection of Rt. 716 and Valley Mill Road east to the proposed entrance on Rt. 7. Based on information provided by the Virginia Department of Transportation, Traffic Engineering Division the average annual daily traffic volumes for the Route 7 and Route 659, Valley Mill Road are: Route 7 24,000 Route 659 6,100 Trip generation rates were obtained from the Institute of Transportation Engineers (ITE) Trip Generation Report (6" Edition). The following table summarizes the Average Trip Ends (ATE) and the morning and evening peak hour trips for each proposed use. ., USE ... _ ATE ..:_x . �.._YP .. ':. AM PEAK PM PEAK ADJACENT RESTAURANT 672 336 33 CONVENIENCE 2495 1248 132 175 STORE FASTFOOD 1488 744 150 100 RESTAURANT (3000 sf) TOTALS 3983 1992 282 275 It is estimated that the Route 7 entrance will receive approximately 40% of the exiting traffic, 797 vehicles and the Valley Mill entrance will receive 60%, 1195 vehicles, of the exiting traffic. With the discontinuance of Rt. 716, access to Valley Mill Rd. and eastbound Rt. 7 by the 220 Seafood restaurant patron will be via the portion of 716 to remain and the proposed public use ingress/egress easement across the subject property. From discussion with VDOT and the county it has become evident that the actual amount of traffic currently using Rt. 716 is minimal. For the purpose of this investigation it has been assumed that 15% of the restaurant traffic will use the Valley Mill entrance on the subject site. Thus an additional 50 vehicles per day will use the Valley Mill entrance. During the PM peak hour the restaurant generates 33 trip. According to the ITE Report the 64% of the vehicles would be entering the restaurant and 36% would be existing, thus an additional 12 vehicles would use the entrance during the PM peak hour. D. SEWAGE CONVEYANCE AND TREATMENT The site will be served by public sewage. An existing gravity sewer is located along Valley Mill Road approximately 275' south of the intersection of Route 7 and Valley Mill Road. Based on a demand of 1000 gal./ Ac./day the projected flows for the site would be 3180 gal/day. Per Mr. John Whitaker, Frederick County Sanitation Authority, the existing sewer line has adequate capacity to support the proposed rezoning. E. WATER SUPPLY The site will be served by public water. An existing 16" waterline runs along the northern and western property line of the site, generally following the existing right-of-ways. There are two fire hydrants located on or near the site. One located near the intersection of Valley Mill and Rt. 7 is located within the site and a second located near the eastern end of Rt. 716. The existing residences on site are currently served off of the 16" waterline. Based on a demand of 1000 gal./ Ac./day the projected water demands for the site would be 3180 gal/day. Per Mr. John Whitaker, Frederick County Sanitation Authority, the existing water line has adequate capacity to support the proposed rezoning. Currently, the site has several wells located on it. The existing wells will be used to irrigate the site landscaping. F. DRAINAGE Currently the site drains in an easterly direction to an existing swale running along the eastern property line. The swale collects stormwater from the upstream drainage area via a series of pipes and ditches. The swale empties into a roadside ditch along Route 7. The proposed development will provide on -site stormwater management through the use a surface pond, generally located as indicated on the attached plan, northeast corner of site. G. SOLID WASTE DISPOSAL FACILITIES Based on the EPA Environmental Defense Fund Study, for intense commercial uses (worst case), the amount of solid waste generated per 1000 square feet of building would be approximately 10,500 lb./yr, thus the site would generate approximately 64,050 lb of waste per year. The site will implement a recycling program. H. HISTORIC SITES AND STRUCTURES There are no known historic sites present on -site nor within the surrounding properties. I. IMPACT ON COMMUNITY FACILITIES From the Frederick County Capital Facilities Impact Model the estimated impact to community facilities, Fire and Rescue only, is $43,621. A copy of the output model is attached for your review. 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 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: TeX Q/k 1. r Y Pt PL� E Telephone: 3c)1 — `1 1 1 et) Address: t)AL tRYN{ FG r— 2. Property Owner if different than above �' P (' ) �C��E ���TrcOer� -XFIiP fi Name: Telephone: Address: 3. Contact person if other than above Name: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map X - Plat Deed to property Verification of taxes paid > _ 11 Agency Comments Fees Impact Analysis Statement_ Proffer Statement 0 0 5. The Code of VirginiLallows us to request full disclosure of ownership in reflation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: L- B) B) Proposed Use of the Property: G���� 1 �, jz� ; �� (_�tJU�)�► e-7ff\) & ��(LG— j 7. Adjoining Property: PARCEL ID NUMBED �V-e -h�VAe NuO USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 12 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. 54F-1--91 54-F"- 1- 9A 9. Parcel Identification/Location: Parcel Identification Number 5*f - A-30, V-F-3--A 5A-'F-- 3--A t 1"C� -Fa(ct' Magisterial: - 4?/ 1A=P-��A-- Fire Service: Rescue Service: Districts High School: Middle School: _ Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zonin Zonin Requested t TF �'7 F t.�>_'Z_ 3,1 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: S. 1� Restaurant: ;31 Number of Units Proposed Townhome: Multi -Family: Mobile Home: Hotel Rooms: Square Footage of Prof sed Uses 13 Service Station: -Manufacturing: Warehouse: Other: . • • 1-2. signature: I (we), the undersigned, do hereby respectfallym.ake 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- Plabning Commission public hearing and the Board of Supervisors' public heating 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 best of my (our) knowledge, A licant{s): Date: PP Date: Owner(s): 14 Date: Date: May 27th, 1959, have personally appeared before me, in my county aforesaid, and acknowledged the same. Given under my hand and notarial seal this 2 day of June 1959. (SEAL) C . F . SPITLER C . F . SPITLER Notary Public, Lorain County, Ohio Notary Public Nay commission expires April 22, 1962. G. W. MORRIS LAND IRON PIN S 40 46' E - 212.65 /S77045'E -27.5' �-10' R-O-W. 16,583.5 SQ. FT. MgRT/� BEG. i a mI .1 L a� 1 I2' —83.65' Y- a ac W m The above Plat is a Survey of the southern Portion of the Eugenell Russell Land. The said Portion lies south of the Berryville Pike - Rt. 7, just 0 EXHIBIT "A" OWNERS OF THE PROPERTIES TO BE REZONED: 1. The G W Morris Property: Clara E. Proffitt, being the same person as Clara E. Morris Proffitt, 3230 Elm View Road, Apt. 337 Roanoke, Va 24014 Ms. Proffitt's care giver. Ms. Debbie Mitchell 4214 Brambleton Avenue Roanoke, Va 24018 L. Pauline Keefauver 1290 Broad Street West, Apt L18 Lehigh Acres, Florida 33936 Rupert B. Morris 456 Spruce Drive Warrenton, MO 63383 Robert E. Heckman 110 Garfield Street Waynesboro, PA 17268 Douglas A. Heckman 1419 Apt B Winterpark Circle Baltimore, Md 21221 Fa 3 o -, /� 3 �1 31 The Douglas E. Russell Property: Sandra DeLaet Hawthorne Road Charlestown, WV 25414 Michael Wesley Morris Audrey M. Morris, 11601 Lockwood Drive, Apt T4 Silver Spring, MD 20904 Verona Morris Crim Route 2 Box 196B Martinsburg, WV 25414 Douglas E. Russell, Jr. and Betty Jean Russell. 244 Parkway St. Winchester, VA 22601 The Sim son Property: Wallace E. Simpson, Sr. and Janice R. Simpson 3219 Blundell Road Falls Church, VA 22042 ')f� • • Vic, Z ' e 71 IIA (4b Sy F q ,x , ry ! O 0L a., • • • a AMENDED AND RE -STATED STATEMENT OF PROFFERS In re: Frederick County Department of Planning and Development Re -zoning Application # 06-02 Valley Mill, LLC, Applicant Valley Mill, LLC, in conjunction with Frederick County Re -zoning Application #06-02, hereby proffers the following to the County of Frederick, Virginia, in consideration of the review and approval of its application to re -zone Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30,54F-3-A and 54F-3-AIfrom current RP (Residential Performance) zoning to B2 (Business General) zoning. 1. Valley Mill, LLC hereby voluntarily proffers that, in the event re -zoning application # 06-02 is approved and the property subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will pay to the Treasurer of Frederick County, Virginia the amount of $2,500.00 for Frederick County Fire and Rescue. This payment is intended to off -set additional costs to Frederick County due to an increased demand for public services necessitated by proposed development and will be paid at the time of the submission of the first site plan on the property. 2. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved, and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will cause landscape architecture on the subject property to exceed the requirements of the Frederick County Code as they relate to landscaping, buffers, and like requirements as follows: the number of plantings required within the buffer yard will be increased by twenty percent (20%) of the number required by the Frederick County Code. Nineteen (19) additional evergreen plants, a combination of trees and shrubs, will be provided in the buffer yard to further enhance year-round screening. The buffer yard is located along the southern property line between the existing residences and the proposed development. The cost of maintaining such landscaping shall be at the expense of the applicant, its lessees or assigns. 3. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to level the existing berm between Route 716 and Virginia Route 7 and, in order to beautify and counter -balance the impact of the proposed use this parcel will have on the public as they exit from interstate I-81 and enter our community, as well as minimize the impact the proposed use will have on adjoining residences, Valley Mill, LLC hereby agrees to work with the Virginia Department of Transportation, the owner of the berm, in conjunction with the Frederick County Planning Staff to level the berm and landscape it with natural plantings consistent with the character and environment of the County in an attractive and maintained setting. The cost for the leveling of the berm and plantings shall be at the expense of the applicant, its lessees or assigns. 4. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to construct off -site road improvements to the subject property, as well as to the property to the east of the subject property (220 Seafood Restaurant) as follows: construction of a right turn lane in the Virginia Department of Transportation right of way situate to the south of Virginia Route 7 and contiguous to the northern boundary of the subject property. The right turn lane shall be approximately six hundred feet (600') in length and approximately fourteen feet (14') in width, and shall connect with and provide access to the entrance to the 220 Seafood Restaurant as well as the subject property out of the main traffic lanes on Virginia Route 7 eastbound. The cost of constructing the right turn lane shall be at the expense of the applicant, its lessees or assigns. The final specifications for the above referenced right turn lane are subject to final approval by Virginia Department of Transportation. 5. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, the following uses allowed by Frederick County Code § 165-82 (B) will not maintained on the property for a period of twenty (20) years from the date upon which this proffer is recorded in the Office of the Clerk of Court for the County of Frederick, Virginia: a. Communication Facilities (Standard Industrial Classification ["SIC"]No. 48) b. Electric, gas and other utility facilities and offices (SIC No. 49) C. Legal Services (SIC No. 81) d. Membership Organizations (SIC No. 86) e. Model Homes Sales Offices f. Public Buildings g. Parks h. Churches i. Libraries j. Adult care residences and facilities k. Fire stations, companies and rescue squads 6. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, all existing water wells on the property will be "capped" in compliance with all federal, state and local laws, ordinances and/or regulations, and further, the applicant voluntarily proffers that all fuel tanks which may be constructed on the property will be constructed of double lined tanks with adjacent monitoring wells to deter and monitor the escape of fuel products into the surrounding soils. 7. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone and one of the proposed the end -users of the property is a 7-Eleven Convenience Store (as contemplated pursuant to a contract between the applicant and 7-Eleven which is contingent upon the aforementioned re -zoning approval), the applicant will cause the building used by the 7-Eleven Convenience Store to be constructed using an architecturally distinctive brick Page 2 of 3 facade and brick faced exterior walls with a mansard roof design and brick faced columns supporting the canopy over the location of the fuel pumps adjacent to such 7-Eleven Convenience Store. Intending to be legally hound hereby this 9`h day of August, 2002, WITNESSETH the following signature: VA EY ILL, L By t plien L. Pettler, Jr., Auth r d gent Page 3 of 3 LIG 0 9 2002 DEPT. OF PLANNINGIDEVELOPMENT A 0 n;osb STATEMENT OF PROFFERS In re: Frederick County Department of Planning and Development Re -zoning Application # 06-02 Valley Mill, LLC, Applicant Valley Mill, LLC, in conjunction with Frederick County Re -zoning Application #06-02, hereby proffers the following to the County of Frederick, Virginia, in consideration of the review and approval of its application to re -zone Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30,54F-3- A and 54F-3-A1 from current RP (Residential Performance) zoning to B2 (Business General) zoning. 1. Valley Mill, LLC hereby voluntarily proffers that, in the event rezoning application # 06-02 is approved and the property subsequently developed within a B2 zone, Valley Mill, LLC will pay to the Treasurer of Frederick County, Virginia the amount of $2,500.00 for Frederick County Fire and Rescue. This payment is intended to off -set additional costs to Frederick County due to an increased demand for public services necessitated by proposed development and will be paid at the time of the submission of the first site plan on the property. 2. Valley Mill, LLC hereby voluntarily proffers that in the event rezoning application # 06-02 is approved, and the property is subsequently developed within a B2 zone, Valley Mill, LLC will cause landscape architecture on the subject property to exceed the requirements of the Frederick County Code as they relate to landscaping, buffers, and like requirements. The cost of maintaining such landscaping shall be at the expense of the property owner, its lessees or assigns. 3. Valley Mill, LLC hereby voluntarily proffers that in the event rezoning application # 06-02 is approved and the property is subsequently developed within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to level the existing berm between Route 716 and Virginia Route 7 and, in order to beautify and counter- balance the impact of the proposed use this parcel will have on the public as they exit from interstate I-81 and enter our community, as well as minimize the impact the proposed use will have on adjoining residences, Valley Mill, LLC hereby agrees to work with the Virginia Department of Transportation, the owner of the berm, in conjunction with the Frederick County Planning Staff to level the berm and landscape it with natural plantings consistent with the character and environment of the County in an attractive and maintained setting. The cost for the leveling of the berm and plantings shall be borne by Valley Mill, LLC. Intending to be legally bound hereby this 19`h day of June, 2002, witnesseth the following signature: BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III DILLY J. TISINGER [AN R. D. WILLIAMS CHARLES S. McCANDLISH 1948-2001 BRACE E. DOWNING TRAVIS JOSEPH TISINGER STEPHE-N L. PETTLER, JR. BEAU BASSLER VIA HAND DELIVERED 0 • HARRISON & J017INSTON ATTORNEYS AT LAW POST OrricE Box 000 WINCHESTE-R, VIRGINIA 22604 June 13, 2002 Eric Lawrence, Director County of Frederick Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 Re: Rezoning Application Number 06-02 Dalrymple Dear Mr. Lawrence: STREET ADDRESS : 21 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667.1266 FAX NO. 540-667-1312 After considering the staff report issued by your office and dated June 6, 2002 with regard to the above referenced matter, my client, Valley Mill, LLC, whose manager is Rex Dalrymple, will offer the following proffer for the consideration of the Planning Commission during the hearing on the rezoning application for the properties referenced therein. The proffers submitted are as follows: 1. Valley Mill, LLC hereby voluntarily proffers that, in the event rezoning application number 06-02 is approved, and the property subsequently developed within a B2 zone, Valley Mill, LLC will pay to the treasurer of Frederick County, Virginia the to amount of $2,500.00 for Frederick County Fire and Rescue. This payment is intenctect off -set additional costs of Frederick County due to an increased demand for public services necessitated by proposed development and will be paid at the time of the submission of the first site plan on the property. 2. Valley Mill, LLC hereby voluntarily proffers that in the event rezoning application number 06-02 is approved, and the property is subsequently developed within a B2 zone, Valley Mill, LLC will caus6` landscaparchitecture on the subject 7 property to exceed the requirements of the Frederick County Code as they relate to landscaping, buffers, and like requirements. The cost of maintaining such landscaping shall be at the expense of the property owner, its lessees or assigns. 3. Valley Mill, LLC hereby voluntarily proffers that in the event rezoning application number 06-02 is approved and the property is subsequently developed within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to level the existing berm between Route 716 and Virginia Route 7, and in order to beautify and counter -balance the impact of the proposed use this parcel will have on the public as they exit from interstate I-81 and enter our community, as well as minimize the impact the proposed use will have on adjoining residences, Valley Mill, LLC hereby agrees to work with the Virginia Department of Transportation, the owner of • 0 I h berm, and the Frederick County Planning Staff to level the berm and landscape it with natural plantings consistent with the character and environment of the County in an attractive and maintained setting. The cost for the leveling of the berm and plantings, shall be borne by Valley Mill, LLC. Please submit these proffers to the members of the Planning Commission for their consideration at the hearing on June 19, 2002. As always, it was a pleasure speaking with you and I thank you for your courtesy and attention to this matter. With kindest regards, I remain SLP:jk cc: Mr. Rex Dalrymple, Valley Mill, LLC • AMENDED AND RE -STATED STATEMENT OF PROFFERS In re: Frederick County Department of Planning and Development Re -zoning Application # 06-02 Valley Mill, LLC, Applicant Valley Mill, LLC, in conjunction with Frederick County Re -zoning Application #06-02, hereby proffers the following to the County of Frederick, Virginia, in consideration of the review and approval of its application to re -zone Tax Map Parcels 54F-1-9, 54F-1-9A, 54F-A-30,54F-3-A and 5417-3-A 1 from current RP (Residential Performance) zoning to B2 (Business General) zoning. 1. Valley Mill, LLC hereby voluntarily proffers that, in the event re -zoning application # 06-02 is approved and the property subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will pay to the Treasurer of Frederick County, Virginia the amount of $2,500.00 for Frederick County Fire and Rescue. This payment is intended to off -set additional costs to Frederick County due to an increased demand for public services necessitated by proposed development and will be paid at the time of the submission of the first site plan on the property. 2. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved, and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will cause landscape architecture on the subject property to exceed the requirements of the Frederick County Code as they relate to landscaping, buffers, and like requirements as follows: the number of plantings required within the buffer yard will be increased by twenty percent (20%) of the number required by the Frederick County Code. Nineteen (19) additional evergreen plants, a combination of trees and shrubs, will be provided in the buffer yard to further enhance year-round screening. The buffer yard is located along the southern property line between the existing residences and the proposed development. The cost of maintaining such landscaping shall be at the expense of the applicant, its lessees or assigns. 3. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to level the existing berm between Route 716 and Virginia Route 7 and, in order to beautify and counter -balance the impact of the proposed use this parcel will have on the public as they exit from interstate I-81 and enter our community, as well as minimize the impact the proposed use will have on adjoining residences, Valley Mill, LLC hereby agrees to work with the Virginia Department of Transportation, the owner of the berm, in conjunction with the Frederick County Planning Staff to level the berm and landscape it with natural plantings consistent with the character and environment of the County in an attractive and maintained setting. The cost for the leveling of the berm and plantings shall be at the expense of the applicant, its lessees or assigns. 4. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a 132 zone, Valley Mill, LLC will agree to work with the Virginia Department of Transportation to construct off -site road improvements to the subject property, as well as to the property to the east of the subject property (220 Seafood Restaurant) as follows: construction of a right turn lane in the Virginia Department of Transportation right of way situate to the south of Virginia Route 7 and contiguous to the northern boundary of the subject property. The right turn lane shall be approximately six hundred feet (600') in length and approximately fourteen feet (14') in width, and shall connect with and provide access to the entrance to the 220 Seafood Restaurant as well as the subject property out of the main traffic lanes on Virginia Route 7 eastbound. The cost of constructing the right turn lane shall be at the expense of the applicant, its lessees or assigns. The final specifications for the above referenced right turn lane are subject to final approval by Virginia Department of Transportation. 5. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, the following uses allowed by Frederick County Code § 165-82 (B) will not maintained on the property for a period of twenty (20) years from the date upon which this proffer is recorded in the Office of the Clerk of Court for the County of Frederick, Virginia: a. Communication Facilities (Standard Industrial Classification ["SIC"]No. 48) b. Electric, gas and other utility facilities and offices (SIC No. 49) C. Legal Services (SIC No. 81) d. Membership Organizations (SIC No. 86) e. Model Homes Sales Offices f. Public Buildings g. Parks h. Churches i. Libraries j. Adult care residences and facilities k. Fire stations, companies and rescue squads 6. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone, all existing water wells on the property will be "capped" in compliance with all federal, state and local laws, ordinances and/or regulations, and further, the applicant voluntarily proffers that all fuel tanks which may be constructed on the property will be constructed of double lined tanks with adjacent monitoring wells to deter and monitor the escape of fuel products into the surrounding soils. 7. Valley Mill, LLC hereby voluntarily proffers that in the event re -zoning application # 06-02 is approved and the property is subsequently purchased and developed by the applicant within a B2 zone and one of the proposed qe end -users of the property is a 7-Eleven Convenience Store (as contemplated pursuant to a contract between the applicant and 7-Eleven which is contingent upon the aforementioned re -zoning approval), the applicant will cause the building used by the 7-Eleven Convenience Store to be constricted using an architecturally distinctive brick Page 2 of 3 facade and brick faced exterior walls with a mansard roof design and brick faced columns supporting the canopy over the location of the fuel pumps adjacent to such 7-Eleven Convenience Store. Intending to be legally bound hereby this 9"' day of August, 2002, WITNESSETII the following signature: V EY LL, L Ur� By t phen L. Pettier, Jr., Auth r4d.ent Q Page 3 of 3 ,L! G 0 9 2002 DEPT. OF PLANNING/DEVELOPMENT ki h.v VL lw. Vl r_L1 JV1 J.iJ .7�J0 �.RLJILA L.vVl.vLLAJ Post -it' Fax Note ' roJDept. Reznning Comments FeZl� u u�5ro rr• Virginia Department of Tran* Mal to: Virginia Department of Transportation Attu: Resident Engineer 14031 old VaRcy Pike Edinburg Virginia 22824 (540) 984-5600 C. U U z M Of 6 1 pages Qeve a Phone # Fax a Hand deliver to: Virginia Department of Transportation Attu: Resident Engineer 1550 Commerce Street Winchester, VirO3 a Applicant's Narne: le Telephone: 1 2!)2 — t It % Nfaiii Address: -PAGzN M.oL o Nt p'p' �N t�t�1•?� 1 (ram . 2 z. _ �R-rJ Mac ► ►.�+a �TL i. C— GfoMb 'zla d-A- Location of property: �^ ` �•� i l-1. R� t 3a i r' ' 7r Current zoning: Zoning requested: $2 Acreage: _, l [irginia Department of Transportation Comments: _ See attached VDGr cots dated 04/16/02. VDOT Signature & Date: 20 REFF. NO. COMMONWEALTH ®f VIRCjJIN IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG, VA 22824 RAY D. PETHTEL JERRY A. COPP INTERIM COMMISSIONER April 16, 2002 RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 REZONING COMMENTS 7-Eleven Route 7, Berryville Pike @ Route 659, Valley Mill Road Frederick County The application to rezone this property appears to have significant measurable impact on Routes 7/716/659, the VDOT facilities which would provide access to the property. Please refer to the attached copy of letter dated March 25, 2002 providing general approval to the Rezoning Concept Plan. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. Any work performed on the State's right-of- way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Thank you for allowing us the opportunity to comment. �y Steven A. Melnikoff Transportation Engineer (540) 984-5611 WE KEEP VIRGINIA MOVING Z 00si004 10/Q5/2001 • 0 06:45 FAX 410 997 3093 DALRYMPLE DEVELOPMENT : CHESTER • :r i _ Comments •w-ww•r•rr•:��`.f.. .. .•.+..1�... v-✓...1• �� i:.yw.`.i.TRr�C{tfw Nt �rft..r r.•ir. cr.:..:C-:..y .�..w, .Mp Frederick County Fire Marshal Ifail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 ]jpnd deliver tq Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street 'Winchester, Virginia Applicant's Name: �x _Y M Ply Telephone: 3o I - 9 r1'L - I 1 I O Address:Mailing �� �• ��• / • C • • 1 of property-.• �a CU—"=t zoning: - _ '?- P ZccrLag rc quested: !! 2 Acreage: 3 , Ir-3- Fire Marshal's Comments: Fire Marshal's Signature & Date:a- 1 siiaL='P1eaaRetu'ra'X'li s''orm to the Applicant 22 10/05/2001 06:45 FAX 410 9973 93 DALRYMPLE DEVELOPMENT CHESTER 0 004/004 y COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. RZO1-0007 Date Received 9/24/01 Date Reviewed 10/02/01 Applicant Rex Dalrymple Address 10422 Green Mountian Circle Columbia, Maryland 21044 Project Name Valley Mill Rd. Rezoning Phone No.301-982-1118 Type of Application Rezoning Current Zoning RP Ist Due Fire Co. 18 1st Due Rescue Co. 18 Election District Shawnee Tax Y.D. No. 54F-1-9,54F-1-9A,54F-A-30,54F-3-A & 54F-3-Al RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System • Automatic.Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate XX Inadequate Not Identified Fire Lanes Required Yes XX No Comments Roadway/Aisleway Widths Adequate XX Inadequate Not Identified Special 11=rds Noted Yes No XX Comments Hydrant Locations Adequate XX Inadequate Not Identified Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX No Sigpatt� �,���a"+u� Title ��o • 05/09/2002 16:39 FAX 301 948 9258 CHESTER ENGINEERS — .... .... _...-gct066 2 — - - AMF REDS 05/09/2002 16:23 C,MSE TER ir_'NG1NEEr1S RED'. NO. lih 002 PAGE 01 No- Frederik County Fin M19mbal Man to! Froderkk Co lrc ma" 107 No ass S"& v3, virsh"u001 6654350 Ayplicads Name: Hand da ar M: j rodoick COunty Fire 4 Dept. = Fin=wy A don Bldg., 13t Floor 0 Kent snot �., vkgnia ldephm,—Sgj1- 1jO-2-- hJ1$ Ikk,' Location of property: ` r`-� rr ,` V •v tL MAY 0 200[ C=V2 zmin; 7=1mp rfd - c 74 • S�9-�� g• 's Sim dt Daro' App4cw, 22 1 `01 TMA 1 4 : 1 3 REX DALRYMPLE • 4109973093 • P _ ill • Rezoning Comments Frederick County Department of Public Works mad u. Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kcn1t Street Winchester, Virginia 22601 (540) 665-5643 Hang Apliver to. Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester. VirviniA Applicant's Name: Ve Y 'PA (. &Y Telephone: f g L 11 Mailing Address: _ • Loctionofproperty: �JAi.u?i ��l.r✓ �C ia'1> ,(,o Currcnt Zoning: Zoning requested: — A .._ Acreage: 3 , Dep2rtment of Public Work's Comwents: I Post -It' Fax Note 7 71 �a� pages Cc Depi Fr m CO. =More 0 14 Phone 1 la■ M Fax k MM.SM ci�_ m.4, A 21 CHESTER RWINEERS NOV 1 s 2001 V.� REF. NO. �. �-mj 06:45 FAX 410 9993 DALRYMPLE DEVELOPMENT CHESTER Z 002/004 • E Rezoning Comrnen� Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Aitn: Engineer 315 Tacker Road Stephens City, Virginia ':,b,,.►����%.t:�tN.r:'� r'�°�,y i 7 W �. �j' ...kI.h..S;gX� 1l�{ :S,w,t i.. �s�C , . Y a3 i•1 i't�� 771lrr���, `. qR., rrn p..th�V�'�r ,��kC' .33.'��?+'"t'.•!N �s'���YI�Il+.i �/�,Y�'-Et �..C.+�!�.,h��.� :.. •.,�:.� «<t< i�;n �v.i ^�:A �S.M{_ +.'uF•%'7.7'1+D. `i' ';,. T 4 _ _:: r' .:�4t �,�i..f.. i Applicant's Name: IDAL1z`( M P L e Telephone: '�1 8 Z l 118 Mailing Address: 1, — V P t�l U�-ME ►� . 2Z %10 C��u ►rIA,A. Location of property: Vi�Y M u. �A ' Current zoning: F—F Zoning requested: 1�)Z. Acreage: 3, 1 a Sanitation Authority Comments: /140 ' REULIyt► MAY 0 2.00i Sanitation Authority Signature & 25 DALRYMPLE DEVELOPMENT • CHESTER to le,,1001 15:34 FAX 410 997�93 2002 Rezoning Comments mom SOMM Frederick -Winchester Health (Department Mato: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to• Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia I Cr OPT 77; j g �tiE'�CUi� Ape, i Older to' � �ram".p� • �-• e`v'� Y — 'Li - �s►,�,.} Cttaeh ropl ofon j�` �tyr•;•'r, w���4 v � '-�'"�', �.... +. ' c �'r r. ��b:S.'� �'•.G.J' �`'�n,�-`'�•i�.l�"` �;�r�!Yt] Applicant's Name: X ��u y NAB=-E I Telephone: 3c� 1-- pl o Z i I ( Mailing Address: Pit,. t?t✓v i-4e�' IfJut M�'v�C► iu.�G, lel"-z 6VeEtJ EQUO 0t.c •4- Location of property: Val, i µ �—�-P �3�i �m l • �I to �• Zoning requested: .Z. Acreage: 3, 1 s Comments: yV� 6 n /J .9 Health Dept. Signature & Date: �/a// 0, ornr'.to'tfie ApP cant 26 SEP 2 4 2001 • Rezoning Comments _,wr� ..o.�..�o�T,� ^'r. �. _tiv� ;:�l�t ".+"°I,L L'- - _ *=fir, �"U. nr`-'Fvarssct3B.V •:`,��i Historic Resources Advisory Board Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 4th Floor 107 North Kent Street Winchester, Virginia Applicant-. Please- fill out the -information as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach a copy of your application form, location map, -proffer statement, impact analysis, and any other pertinent information Applicant's Name: V a�e�y � �� L L Telephone: Mailing Address: iC422 Moa�T��c�l ��clz z►&I Location of property: OF AN �k1 0 "tO D . Current zoning: lU Zoning requested: _�, 2-- Acreage: 5- � S Advisory Board Comments: ��>✓ i�l�oR►L iF�otu2C'1F<, kbuIsno- =Fl�S nMMEt-ITS otil T►-t ►s kt2n�A 1 1:4 �P_m1 ► S Signature & Date: � l �o Notice to�Advisory Board - Please Return Form to Applicant 19 Y E A R 2 0 0 1 122.00 122.00 00 00 122.00 .00 (DUPLICATE) Ticket #:00226410002 Date : 12/26/2001 Register: LKH/LM Trans. #: 04822 0Dt # RE200102 T# 15088 Previous 34F A 30 Balance S Acres: 2.00 Principal Being Paid S Land: 40000 Imp: 0 Penalty S Interest $ MORRIS, CLARE E & G W EST Amount Paid 5 C/O CLARA PROFFITT *Balance Due 3220 FORDHAM RD SW as of 12/26/2001S ROANOKE, VA 24014 4207 Check 122.00 Pd bV ESTATE OF CLARA PROFFITT ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2001 REAL ESTATE TAXES 2.00 .ACRES 2 0 0 1 Ticket #:00226410001 ®® Date 6/12/2001 Register: BHH/BH Trans. #: 05337 0t # RE200101 T# 15088 Previous 30 Balance S 2.00 Principal Being Paid 5 Land: 40000 Imp: 0 Penalty $ Interest S MORRIS, CLARE E & G W EST Amount Paid S C/O CLARA PROFFITT *Balance Due 3220 FORDHAM RD SW as of 6/12/2001S ROANOKE, VA 24014 4207 Check 122.00 Pd bV MORRIS, CLARE E & G IV EST ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2001 REAL ESTATE TAXES 2.00 ACRES T A X R E C E I P T -� E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2001 REAL ESTATE TAXES 2.00 ACRES 54F A Acres: Y E A R 2 0 0 1 122.00 109.99 11.00 1.01 122.00 12.01 # lU 95 (DUPLICATE) Ticket #:00226410002 ®® Date : 12/26/2001 Register: LKH/LM Trans. #: 04 82 3 Dept # RE200102 ACCT# 15088 Previous 54F A 30 Balance S Acres: 2.00 Principal Being Paid S Land: 40000 Imp: 0 Penalty 5 Interest S MORRIS, CLARE E & G 1V EST Amount Paid 5 C/O CLARA PROFFITT *Balance Due 3220 FORDHAM RD SW as of 12/26/2001S ROANOKE, VA 24014 4207 Check 13.32 Pd by MORRIS, CLARE E & G 1V EST ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. 12.01 12.01 1.20 .11 13.32 .00 # FLOYD 782 (DUPLICATE) 2 0 0 1 • Ticket #:00278320001 @0 Date 6/04/2001 Register: LBX/LM Trans. It: 41889 Deppt ItRE200101 ACCT# 150.97 Previous 54F 3 Al Balance $ Acres: .37 Principal Being Paid $ Land: 27000 Iuip: 44500 Penalty $ Interest $ RUSSELL, DOUGLAS E Amount Paid S *Balance Due 115 DOWELL J CIR as of 6/04/2001$ WINCHESTER, VA 22602 6182 Check 218.08 I'd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2001 REAL ESTATE TAXES T A X R E C E I P T -� E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2001 REAL ESTATE TAXES .37 ACRE Y E A R 2 0 0 1 218.08 218.08 00 00 218.08 .00 # lU 970 (DUPLICATE) Ticket #:00278320002 Da t e : 1 2/0.1/200'1 Register: BCC/BC "Trans. #: 00640 Dept i1 RE200102 ACCT# 15097 Previous .37 ACRE 54F 3 Al Balance $ Acres: .37 Principal Being Paid S Land: 27000 Imp: 44500 Penalty S Interest S RUSSELL, DOUGLAS E Amount Paid S *Balance Due 115 DOWELL J CIR as of 12/04/2001$ WINCHESTER, VA 22602 6182 Check 218.07 Pd by RUSSELL, DOUGLAS E ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. 218.07 218.07 00 00 218.07 It 'IU 11110 (DUPLICATE) ME Ticket #:00278310001 Date 6/04/2001 Register: LBX/LM Trans. It: 41889 Deppt ItRE200101 ACCT# 15096 Previous 54F 3 A Balance $ Acres: .49 Principal Being Paid $ Land: 27000 Inip: 81200 Penalty $ Interest $ RUSSELL, DOUGLAS E Amount Paid $ *Balance Due 115 DOWELL J CIR as of 6/04/2001S WINCHESTER, VA 22602 6182 Check 330.01 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2001 REAL ESTATE TAXES .49 ACRE T A X R E C E I P T AY E A R 2 0 0 1 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2001 REAL ESTATE TAXES .49 ACRE Y E A R 2 0 0 1 It 1U 330.01 330.01 00 00 330.01 00 970 (DUPLICATE) Ticket #:00278310002 Date : 12/04/2001 Register: BCC/BC Trans. It: 00641 Dept # RE200102 ACCTi1 15096 Previous 54F 3 A Balance $ Acres: .49 Principal Being Paid $ Land: 27000 Imp: 81200 Penalty $ Interest S RUSSELL, DOUGLAS E Amount Paid $ *Balance Due 115 DOWELL J CIR as of 12/04/2001S WINCHESTER, VA 22602 6182 Check 330.01 Pd by RUSSELL, DOUGLAS E ANY BALANCE- DUE DOES NOT INCLUDE PENALTY AND INTEREST. 330.01 330.01 00 00 330.01 It I 11109 (DUPLICATE) M Qn T A X R E C E I P T -� E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2002 REAL ESTATE TAXES .10 ACRE 2 0 0 2 • Ticket #:00303850001 ®© Date 4/29/2002 Register: CJO/CJ Trans. #: 54539 Dept # RE200201 ACCT# 27610 Previous 54F 1 9A Balance $ Acres: .10 Principal Being Paid $ Land: 1200 Imp: 0 Penalty S Interest S SIMPSON, WALLACE E., SR. & Amount Paid $ '`Balance Due 3219 BLUNDELL RD as of 4/29/2002$ FALLS CHURCH, VA. 22042 3820 Pd by SIMPSON, WALLACE E SR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2002 REAL ESTATE TAXES .10 ACRE Land: -1200 SIMPSON, WALLACE E., SR 3219 BLUNDELL RD FALLS CHURCH, VA. 22042 3820 Y E A R 2 0 0 2 3.66 3.66 00 00 3.66 .00 (DUPLICATE) Ticket #:00303850002 Date 4/29/2002 Register: CJO/CJ Trans. #: 54539 Dept # RE200202 ACCT## 27610 Previous 54F 1 9A Balance $ Acres: .10 Principal Being Paid S Imp: 0 Penalty $ Interest S & Amount Paid $ 'Balance Due as of 4/29/20025 3.66 3.66 00 00 3.66 .00 Pd by SIMPSON, WALLACE E SR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) mn rT A X R E C- E I PT -W E A R 2 0 0 2 FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2002 REAL ESTATE TAXES .28 ACRE 54F I Acres: Land: 20500 Imp: SII4PSON, WALLACE E SR 3219 BLUNDELL RD FALLS CHURCH, VA. 22042 3820 • Ticket #:00303840002 ®® Date 4/29/2002 Register: CJO/CJ Trans. #: 54539 Dept # RE200202 ACCT# 15093 Previous 9 Balance $ .28 Principal Being Paid $ 45800 Penalty $ Interest $ Amount Paid $ *Balance Due as of 4/29/20025 Pd by SIMPSON, WALLACE E SR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST T A X R E C E I P T FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 2002 REAL ESTATE TAXES .28 ACRE Y E A R 2 0 0 2 5 4 F I Acres: Land: 20500 Imp SIMPSON, WALLACE E SR 3219 BLUNDELL RD FALLS CHURCH, VA. 22042 3820 202.21 202.21 00 00 202.21 00 (DUPLICATE) Ticket #:00303840001 Date 4/29/2002 Register: CJO/CJ Trans. ##: 54539 Dept # RE200201 ACCT# 15093 Previous 9 Balance $ .28 Principal Being Paid $ 45800 Penalty $ Interest $ Amount Paid S *Balance Due as of 4/29/20025 Check 411.75 202.22 202.22 00 00 202.22 .00 # AFCU 719 Pd by SIMPSON, WALLACE E SR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) n� COUNTY of FRED ERICK Office of Treasurer P.O. Box 225 Winchester, Virginia 22604-0225 540/665-5607 FAX 540/662-5838 C. William Orndoff, Jr., CGT County Treasurer To Whom It May Concern: Judith K. Malone Deputy Treasurer R. Wayne Corbett, CGDT Deputy Treasurer for Compliance November 3, 2000 According to our records, on property IN 54F-3-A & 54F-3-A1, the taxes for the first half of 2000 and prior years are paid. If you have any questions regarding this matter, please contact our office. Thank you Lisa Chisholm Collections Assistant COUNTY of FREDERICK Office of Treasurer P.O. Box 225 Winchester, Virginia 22604-0225 540/665-5607 FAX 540/662-5838 C. William Orndoff, Jr., CGT County Treasurer To Whom It May Concern: Judith K. Malone Deputy Treasurer R. Wayne Corbett, CGDT Deputy Treasurer for Compliance November 3, 2000 According to our records, on property ID# 54F-A-30, the taxes for the first half of 2000 and prior years are paid. If you have any questions regarding this matter, please contact our office. Thank you, Lisa Ni Chisholm Collections Assistant __ ____--- -.....,..., ,....-- - •..rwri.rTnnmr. ri wyn/'_TIOTA ')')fAl EXHIBIT "C" COUNTY of FRED]ERICK Office of Treasurer P.O. Box.225 Winchester, Virginia 22604-0225 540/665-5607 FAX 540/662-5838 C. William Orndoff, Jr., CGT County Treasurer To Whom It May Concern: Judith K. Malone Deputy Treasurer R. Wayne Corbett, CGDT Deputy Treasurer for Compliance November 3, 2000 According to our records, on property M# 54F-1-9 & 54F-1-9A, the taxes for the entire year of 2000 and prior years are paid. If you have any questions regarding this matter, please contact our office. Thank you, V�� z� .c.� Lisa M. Chisholm Collections Assistant .-- ........... —1— --- --ITT.TrIt TT.C" On 17TDI-TXTTA -))4nl G. W. MORRIS, ET UR # TO DEED # EUGENERUSSELL, ET ALS This D E E D made and dated this 22nd day of May, 1954, by and a between G. W. Morris and Clara Morris, his wife, Grantors, parties of the first part I I till and Eugene Russell, Dorothy Russell, his wife, and Eugene Russell Jr., Grantees, parties of the second part -------- W I T N E S S E T H That the said parties of the first part for and in consideration of the cash sum of Ten Dollars, and other adequate considerations deemed valuable in law, the receipt of all of which is hereby acknowledged, do hereby grant, sell and convey, with General Warranty of Title, unto the said parties of the second part, their heirs and assigns forever, those two certain tracts or parcels of land, situate in Shawnee District, Frederick County, Virginia, a short distance Eastwar from the City of Winchester, and more completley described in a Plat and Survey, showin �" dimensions, surveyed by Lee A. Ebert, dated May 22, 1954, Certified Land Surveyor. Said Plat and Survey being attached hereto and considered a part of this instrument. Parcel A is conveyed together with all rights, ways, rights of way, privileges and appurtenances thereunto belonging and subject to the conditions and restrictions shown with Plat of Valley Mill Heights Sub -division of G. W. and Clara Morris of record in the Office of the Clerk of the Circuit Court for Frederick County, Virginia. Parcel B is conveyed with the same covenants, conditions and restrictions as set`,,forth for "Parcel A", but with the additional provision that there will not be any structure that will obstruct view or be otherwise detrimental to the other adjoining land, erected on said land. It is also definitely understood the parties of the second part will not sell any easement for water and sewer or right of way over or across any part of Parcel A without the express consent of the parties of the first part. The said parties of the first part covenant that they have a good right to convey said real estate to the Grantees; that the same is free from all liens and encumbrances; and that they will grant such further assurances of title as may be requisite. Witness the following signatures and seals: G. W. MORRIS (S State of Virginia, CLARA MORRIS (SEA ) County of Frederick, To -,Nit: I, "ancy W. Glover, a notary public in and for the County of Frederick, in the State of Virginia, do hereby certify that G. W. Morris and Clara Morris, his wife, whose names are signed to the foregoing and annexed writing, bearing date the 22nd day of May, 1954, have each personally appeared before me in my County aforesaid and acknowledged the same. My commission expires April 8, 1957. #at# ***4F **4HHHt*4Hr Given under my hand this 22nd day of May, 1954. REVENUE STAMPS # CANCELLED NANCY Ili. GLOVER CANCE# rio ary Pubiic S as. PEKE �ERR.�v1LLE HiGN'NpY MpaKEFI' 7e• 0,5 N PARCVI, A 445�g5 5 Q' vo 1 �, i ',, \� /N plKti 1{kON�ER BEG. Z N 6 I� Q� BAR • 30' E W v a 40 39.5' N 'a Q ti N 88• 10' W `t o 3 OTHER LANO W N w c Ce O � in g' PARCEL B �3 235.7 SQ. FT. 0 100' �,, c 30' The above Plat is a Survey of two Parcels of the G. W. and Clara Morris land. The said Land fronts the southern highway boundary line of the Berryville Pike - Rt. # 7, a short distance east of the City of Winchester, in Shawnee District, Frederick County, Virginia: PARCEL "A" - 44,574.5 Sq. Ft.; Beginning at a post in the said boundary line, a corner to the E. E. Martin Land, running with a line of the said Marti Land S 30' 27' W - 413 ft., crossing the 10 ft. Right - of - Way, to a stake in the southern line of the said Right - of - Way, a corner to Morris' Other Land; thence with a line of the said Other Land, the said line being the southern line of the said Right of - Way, N 77' 45' W - 27.5 ft. to a stake corner to Morris' Other Land; thence with a line of the said Other Land and continuing with the eastern line of Parcel "B", crossing the said Right - of - Way, N 40 46' W - 296.3 ft. to a highway marker in the southern highway boundary line of the Berryville Pike, a corner to Parcel "B", thence with the said boundary line N 78' 05' E - 266.6 ft. to the beginning. PARCEL "B" - 235.7 Sq. Ft.: Beginning at a highway marker in the southern highway boundary line of the Berryville Pike, a corner to Parcel "A", running with the western line of the said Parcel "A" S 4° 46' E - 12 ft. to a stake corner to Morris' Other Land; thence with a line of the said Other Land N 88' 10' W - 39.5 ft. to a stake in the highway boundary line; thence with the said boundary line N 740 30' E - 40 ft. to the beginning. Surveyed - - May 22, 1954. LEE A. EBERT Certified an urveyor, Comm. of Virginia # 484. east of the City of Winchester, in Shawnee District, Frederick County, Virginia: Beginning at an iron pin in the western line of the said lot, a line of the G. W. Morris Estate Land, which pin is located by measuring S 4° 46' E - 83.65 ft. along the said line from a highway marker, a corner to Parcel "A" and Parcel "B", running with the said line S 40 46, E - 212.65 ft. to an iron pin in the southern line of a 10 Ft. Right -of -Way; thence with the said line, a line of -the said Morris Estate Land, S 770 45' E - 27.5 ft. to a stake in a line of the Martin Land; thence with the said line N 30' 27' E - 185.3 ft. to a stake corner to the Retained Portion; thence with a line of the said other land N 670 16, W - 150.1 ft. to the beginning. Containing - - 16,583.5 Sq. Ft. Surveyed - - - May 8, 1959. VIRGINIA FREDERICK COUNTY, (SCT. LEE A. EBERT C—er-E-3�-fied Land Sury Comm. of Virginia # or, 8�+ . This instrument of writing was produced to me on the 20th day February 1960 at 10:30 A. M. and with certificate of acknowledgment thereto was admitted to record. #256 CHARLES LOWERY, ET UX TO .. .: DEED OF TRUST THOMAS G. SCU=, ET AL, TRS. i U 0 - - . - -- - - - - . - - - , . _ .. I - -- I --- I .. - I .. - - - I I Nor - 41,. ;Y ------ - MY. - COKIR, Or - VA.. • VS1 $I CERTIFICATE CLkKA E. PROM", ET XL w-, 521 h(t ISO - CgHTIVICATIC TOb is 00 0"4 dMW S 111130.00 14 OOM44 bl 011 UW t%OWq 04 TnA*"VW 12 OWA&Mwak d( WOWS 16 W thi fik V40 Or du imd 6hd0aW 4SMr*$1. Of 124.4 4"910. &WO imme" M W nmeh&. V a", *"*W 14 WWO w is pvt Isy t Lay of A- go hwli, dmiaLuLsilms islallixt Ud Awl L ZOW-ts- bet WN"',-4 W" ON ftw SUN to IM IM 6.59 NM&*W ill pnim - -- U *WwS as mmle-LUL of ON$ foi OW rm if 6mmitetaq W NI by d, Caw, wN bio FW ky 60 AMU UNNIO 4(Vb7bkqp011-mt W *40 04"d '9 POMM by TU% 33.1. amp* 1, Ar** I d Od 1950 CO& 0( VVO*, m w ! Ad & i AM %W, Ot IrA"* **i* l;aCf Qwq' ad b 6"MOOd es foopm NLR= Mt bol" as Oan 1* lbsot 3 of tbm PIS" for a %* ist, Wta, Ushimay OO#-*U-lAj, C-Wl, and IyL4 m'both Woo of wW o4j&"&t to 06 MU mooed W "aterUmm from the ezistirg sot d"st 44bt of VOY ISM* of. P94"at mat ar"Odm4t. Station vWk to the UWAS of Baum &# 7** at opproml"to ma 144U a" amudain OeOSO vcn,am or lass, land topthft VOb tW owo"*.,r clot and "smaox to sso Ow OWtimma &I" obwo 49 b$LM t*4%Lftd &W tbS V 6QMtVWtjQQ and Mgmt-OVOWil Of the $oft* 706to IS A StAtIO0 t$4$ aw sta 14+90 oo the "t. containing 9,OW -d;rv, more or Lamas &W tmmpwu7 "Samet trill ftrMjMt4 at 09aJk tins its tho 190QStXWtl4M Cf 00 = 007Z 3*k" to QbwU m wb"t 3 04 the puma rq;'. ?.40to 6396 SUM tl4t'azy ft Ut 043MIA-147. C-501, &MA IYW 01 both SiUS 64300"t tit A& e Kati cavisa NAN vrumlim trvm tLq LmAs of ma ftttoo at &"ML*6t4 4"Ati.it' U407 to the lmww of Orpbm 0. Martin at approximid station 13443 =4 oowAAljkml�,, OAA 441w. O*c ot Us#. UM of whigh 0.03 ogre Le Latlei" in tl* Wdstift ruAt of way 1" 1,547 84ro, Out or U**, Is WUL0461 L"Wj t*j*tUw with did tmppv4-"-y t14%, wA "mpapaut to a" tho &MIUmal at*& awft oo "Lag t*quitwi Ne tbit propax ""tructiva,aW w&LmLt&*avpo6 of tb-s w*tk Utw*m Station 1-,Wi* 6" Station I" Am lift lift, couaimika 0.070 *r'"" trot:* Ov "$ "" t"Weany &UGM&At will, tuatmato at 0*1 U10 44 the wAt4wtloo of Ow 4bet"L4 projwbt Is 40"W*41 am -41#00 t-optbtr the pormu'ant right aid dabommt to a" tM &MILLOQ41 tv" $hW* 64 UOLP�. rotairW far i-1-4 JW" &AMLfWtiad "d Imimuma" of an MtUt ditch Tuft L, arprmr-IE2t. Staitim 1.4144, CoGt&LAJAS 0.044 on*, a*" or lass. par"is ou mad 007 ewaia amo 6"t, wK4 wr uses t" wr vwAk o,00 to LwAw"d i-% tho *4p t I-$ ri&M a omy mad 0.427 at", wc* or lws, U wl 6 a 0 MOW 521 ncf 191 hr a ow jw&rAw wt r. 64 w 1 dodik ah6w4 F i is be& to Ohm* we of ow -A-- - J" ASA ikbd cmtltv*4 in CUM pammat o6oww"t and outl= GOu7d towe"Gry SADOMAC ow b b-ft -DA*d as 6 OM of ob cwmkw • C ;rWr vwow� I�W. 14 60 k" ISO*" PM SNL. it 1 jr, • Hloww MA zovkbace twmwow st vkok Tmmw of vi*" aw ow. 3ftft POW4 OWN""* Attwm at W 74 1� :s t ; — !'J J — '7o KJ 'Y :.: i H I' I 1 fti 5r C ._i U f4 �� r•. t H L 1 r r K+ J : r a .1 :� t -Y � v-' � Y' e�Ve j d*.� f v a yi, Nec M rle ar Aw,�RN Ab 7 r+n� �' •a rV4i'Ss' #ter i'tJer��art `a ZI'r RE* 4fA* ..W,F.r b nc w, ri,at _ `0;_ r y �Z} ! , , ,. f #04 moo �rJ, � � � � � �' �• t tr° �� may, , �: �i f, ���sBRp�l.,i�tdo'��� �^ ,: /75 / k��•,� •r'� d E'`�` *� �g5j�s PrsSS.c9 jdeig C"P 14. If 1S�l4Ai , s+�yc�, w' r7X y ! R!r � er~�'Z -� ��"`"�� i� i �� l_r�-'.,� �_:1 _ {� F��o � it.s rL� ,T,�a �� �'8 2Z3 : E.ts , F+ar •"�� F�• �5�� ^•fir �lI • ""k r r•' �. �'• .. r�-'� vi f �+�+_"—" •>�+ � ;�,�• '�, + ', *q r1 �tti .41 ►t'••�� Al:'" MCARRitP. rg.Fo.Bs ; PLW Lo OJ `w, 1 �y a -f/>. :r•G � Q � � 1 �.. r,'M.`,_ � } i.elC G �S; � � 4 `�. , V �'�' � �. d + ' F H(i}i 5y S _�i4.r 9�d• - MI�'AQfl t lGaiC 1 . ` r `��. �q �5.� aON Q'�°�-- 4R I lR�p MJOR� d:4T6� a ♦ " �a .,p �'- d'R► '• er p �rr,ry,rl T - -mil �F,'�Z�,! Wf r4 :M4 ;'' f, .D '? ,,I•-�i... •+� �•► t� �� tsw.Mr r `a V �i yG�i• , [K�M�� •� i' V � • ,� � � � i �� , �� � � \ p��, ,~(p�q ,� �� • ` ti { Avg r! �' rr '7 r ,�1y�{j{ ne �� :'t+;gAt ` , G� •*....,. r� fo 41:) Otr fi + w{ # �! .t �i'Wti pee r� ` .ter. .I..i� • - w _ .'�� 22 --E:_„ i r " f # - Awl too .Q r ti� - r +,Z � �"� ! �•! a f 1 e ��r I �:k -�,• - ••"� tee- ,�,�'`a° N � \ ~ X e +�•`�sr AN x �C�.r+ft rJ�� ti�� J+� y ~~ t ��C. I•T��KTDt ppo + �` 1 '*,.7�4*96 �� f+Yfff f i�9 a ` r !~'^ fr rf<II ceps is -� r `. t� a• as a 0 r dW' ubr�a0 /ik"l afabfe Q�jy pOQ CL! Rd Ar. R•t r.G+r use C07_ \ L. 5M 7k � 4 � G •-�4 wlrw fart.. +no dor•o:r • �,iry. Yr• ck�Nb. Od?K.:,� $44 AP4v? d F q i Cre HC"L'hKA arcu' aer.c•t ae r� ae�oi +ron of rl;y � �l 4 ro 0G 7c:, u-w! poxJ Po Kir�C,T FI;L:,` Sr.." :rl: :�4 ;;tmr T,Or Of _11 r~ arwWtr aHn .r,�rirAf 1; re^!C' n¢C[b S..{'Or ticlj yrV— a, oc..v n. 4trul 3 �y tic ny,^,etr _,i� tc y0 s o5 �e;scl.tipn ��+''qn r+Q rhPntaW�lC ah MG worl of ;4v E..,.rft - L .. : 7, .`. i � � - �li u, lw.d ✓ hw�rV M.<t 'p+rwY � . ,•.•_.r �._..�,�..�� S,EF'-05-90 04 HPl I to E'STOR'- 1 ME Oas- REHLT''I' 7 03771. :524 F'- 0 b HELEN R. FU;t'IR a 419 TO s I i DUD OF COR*iON " -�- • �ww _ •■.��a.,aelaae�aasae4R+sees.*asses -•••• '✓ � ••.,^ ,�71,t ijc �3crlcdP' "J. 19 r<: 919 THIS OEM Of COtt ECTIOtt .ads and entered into this 12th day of Hlerch, 1"0, by and bstwern Helen R. Twnk. s,riatried, party of the first part, •'. `4. I+ sod tt►e Comwnwtatth of Yirsiafa, party of the second part. �I WUERfr15, by Deed dated Janwry 17, 1980, of record in the Clerk's • I� Mud of the Circuit Court of Frederick County, Virglats, to Dead rook 518. at pass 646. the party of the first part did convoy to the party of the second �. part, 0.255 acre of lanJ, nore or ls#el Geld conveyance being lade pursuant to 1 State Highway Project 0654-034-147, C-5011 and L UVERL0. the party of the first part failed to also tba sf9t9aald Deed Is the space provided for her algnaturel end Utlg1WS, it 10 the desire of the parties hereto that this error be eerracted and that to tbia end, the parties hereto have entered into thlo Deed i of Correction, QCRaitiLx-1T3t-!1= DOW, TWeU rORI, for and in consideration of the sum of One Dollar ($1,00) dish in hand paid by the party of the second part vote the party of the first part, the recelpt of which is hereby acknowledged, the said party of the first port does Wtby grant and convey to the party of the second part In Ise s WIS , with general warranty of title, the herainarier deaeribsd parcel of lased, lying and bstag situate in Stonewall tlagi&terlol DistriCCt in prodsri;k Coaaty. Tirntnla. and being described as followso netwg as shown on Sheet 3 of the Plana for PAMte 639, state 11141vey Project 065R-04-147, C-SO1. and lying oro Cho northeast (left) 0140 Of t4v ftfld rovierd *Am rentrrline end adjacent to the stet prapKt" line of Clara Proffitt and the C. V. Zlorrta 6atats from the oxtatinil eovtbeaaC right of Vey line of present Moute 7 oppooite nvproxivate Station 13+41 to a pout to the lords of the party of tie rust put at approximate Station 14+1$1 thence. lying oat both eldss of 64 adjacent to the field rovtaed 'A" eontorltno from the land# or Clara Proffitt sad the C. k. tiorris 6stote'at the last #aid #tatios to ties lands of Zloty Patton at approxissts Stenos lW11 end Coe- talalaS 0.2SS &era, more or Joe*, lands and being ell of the samo land acquired by the party of the first part fron tlshlos 11, Marcus aw atl1a I. Narews K Pead dated July i, 116i, sad rocorded in Deli book 291. at page S3. In the office of the Clerk of the Circott Court 1 el acid COwmty. 'that for a Onto Particular dsacriptlon of the land hrrois Conveyed, reference is made to pboto copy of said Sheet 3. abowieg outlined it RtD the !� lswr eo,r+syed 1i lee simply, which said Photo aai7 is rotorded in State ! IIIZYwy, ?let book 7, at ?tie 226. i' f � t SEP-05-75 04:39 Am INVESTORS REALTY 7037713324 P.06 described as follows: Beginning at a stake in the said boundary line, a corner to Lot - 9 and the said Other Land, running with the said highway boundary line S 86° 40' W - 36.8 ft. to a stake corner to the western portion of Lot - 9; thence with a line of the said portion S 12' 1S, W 176.2 ft. to a stake corner in the norther line of Lot - 8; thence with the said line S 77' 45' E - $5 ft. to a stake corner to the said Lot - B and the said Other Land, and continuing S 77" 45' E - 60 ft., III ALL, to a stake corner; thence N 12° 15' E - 203 ft. to a stake in the said high way boundary line; thence with the said boundary line S 71" 07' W - 29.2 ft. to the beginning; and being the identical land conveyed to the said Grantors by deed fron Clara E. Morris and husband, dated January 29, 1954, and duly recorded in the Clerk Office of the Circuit Court of Frederick County, Virginia, in Deed Book 231, at pag 124. The aforesaid conveyance is made subject to all the covenant , conditions and restrictions contained in the deeds of record forming the chain of title to said property. I H Subject to the $foregoing exceptions the Grantors do warra generally the property hereby conveyed. Wz'fjf SSS ttie following signatures and seals: REVERIE 5TOPS # $14.85 ROBERT L. YOUNG.,_ (SEA CANCELLED ' +r;F�rafvt v r+�#�f van n++ ROSE WARIER YOUNG �(SE State of Virginia, Co. of Augusta, To -wit: I, C. H. Bickle, a ilotary Public of and for the State and County aforesaid, do certify that Robert E. Young and Rose Warner Young, his wife, whose names are signed to the foregoing instrument, bearing date on the 2?,t►d day of December, 1955, have acknowledged the same before me in my State and County aforesaid. Given unler my hand this 22nd day of December, 1955. bay c ^n exr�ires Tdovember 13, 1957, {SEA-T ; C. kl. BICKLE vo ary I u�,Ilc V IRGI',', IN of _.ting was produced to me on the 313t day of �: = Y. Y. and with certificate of acknowledLmrient thereto ti IN'.:'ESTORS REHLT`i' • 7037713324 is P. 07 (Frederick County, Virginia: �I) I Beginning at an iron pin in the eastern highway boundary Iincl of the Front Royal, Road, a corner to the Wilson 4.2 Acre Tract, gunning with the two following lines of the said Tract 3 740 16' E - 629 ft. to a stake corner; thebpe.. S 99 101 W.- 252.1 ft. to a post corner in a line of the Petrie Land; thence with the said line.S 88" 33' E - 694.5 ft, to a post corner in a line of the.9olenberger� Land; thence with the said line N 10" 17' W - 767.4 ft. to a stake corner to the Proffitt Land; thence with the three following lines of the said Land WEST - 833.3. ft. to an oak tree; thence S 70' 50' 'N,- 226.9 ft. to a small peraimmon.tree in the north line of the Right - of - Way leading to the Profitt Land; thence with the sal line N 65' W - 100.8 ft. to a post in the highway boundary line; thence with the t following boundary lines S 7° 04' W - 26.6 ft. to a highway marker; thence S 4° 20' i • E - 260.5 ft. to the beginning. Containing - - 15.5 Acres. LEE A. EVERT _ Surveyed - - - Dec. 21, 1955. erg"E>'ied�l;ati urveyor, Comm. of Virginia # 484, VIRGIigIA FREDERICK COUNTY, OCT. This instrument of writing vias produced to we on tho 24th day of Docember.1955 at 11:45 A. N. and with certificate of acknowledgment thereto) annexed was admitted to record. lZ �SLs tom- CLERK #1731 # 'NOODRO'N 'NILSOPl CARLISLE, ET UX TO DEED # WINCHES`I'ER. ISAAK WALTON CLUB # �F,i4t t�Ttfr##4t�ft###�t�t#t,'tit#�'at##3��f,'N:;t•;t;r;tir:`t+ftt iti} THIS DEED made and dated this 22nd day of ilovember, 1955, by and between Woodrow Wilson Carlisle and Dorothy Lee Carlisle, his wife, parties of the first part, Winchester Isaak Walton Club, a Virginia Corporation, party of �I the second part, H. K. Bonham, Trustee, party of tine third part, and the Shenandoa Valley Rational Bank, of Winchester, Virginia, party of the fourth part. YJMiESSaT11: That for and in consideration of the aum of One. Dollar ($1.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said'parti,es of the first part i do hereby grant, sell, and c-,nvey, with ge:)eral warranty of title, unto the party of the second part, a certain lot or parcel of land containing 3.7 acres, more or less, lying and being situate about six miles Southeast of Winchester, in Shawnee District, Frederick G011nty, Virginia, and being a portion of that certain larger tract or parcel of land that was conveyed to the said parties of tho first part byl E. Earl Shade et ux, by deed dated January 22, 1952, of record in,the Clerk's Offi¢ie of the Circuit Court of Frederick County, Virginia, in Deed Book No. 222, page 135� n nl.,t onA a»rvev of t1io within conveved )arid made by Richard U. Goode, Surveyor, II 1C. \`��' 1U.�7,4. •� d I�a,:l-c ctwc � i IS0 h 4z� �e, ? Sngc(e,, 1 f j 1 '1 (� Va• rt{ ('.- '(i �f'. jiCLL.i 0 LVA C� C/�.f' 1�C_. � t(- Ilto the said parties of the first part by Grace Lind Clanahan at vir, by deed dated I (April 9, 1933, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 165, page 451, and the other of which was convey jto the said Ruth Lind Harrison by Grace Lind Clanahan et vir, by deed dated Februar 8, 1939, of record in said Clerk's Office in Deed Book No. 177, page 539. A plat and survey' of the within conveyed land made by Lee A. Ebert, Surveyor, is attached to, and by this reference incorporated in, this dead. The aforesaid grantors covenant that they have the right td convey said land to the aforesaid grantee; that the said grantee shall have quiet possession of said land, free from all encumbrances; that they have done no act to encumber said land; and that they will execute such further assurances of said land.! as may be requisite. Witness the following signatures and seals. RUTS LII4D HARRISON (SEA } state of Virginia CHARUS EDIIARD HARRISON (SEA 7 County of Clarke, to -wit: 1, blary V. Nabb, a Notary Public in and for the County of Clarke, in the State of Virginia, do hereby certify that Ruth Lind Harrison and Charles Edward Harrison, her husband, whose names are signed to the foregoing writipg bearing date of December 219rid, 1955, have personally appeared before me in n<y coon aforesaid, and acknowledged the same. **q***4k" Given ut,der ray hand this 24th day of December, 1955. ti:VENUw STWPS My commission expires July 23, 1958. $7.70 CANCELLED b".ARY V. '&BB +s+r»tf#u�arirw Notary YjKlo CT PR 0 FI T T LAND y, OAK TIME STAKE E O adtiL 9° 4, w 833.3 �dS'anao.♦ J N N Y a a 15.5 A C R £Sd ✓ ZO >r 3 r r N � eEQ. a2a, R � w -X 4.,S 0 N A, C4,N ' o `M S N POST MOi PE T R I E LAND The above Plat is a Survey of the Ruth Lind Harrison Land. The said Land fronts the eastern highway boundary line of the Fropt Royal Road - U. S. # 522, about five miles south of the City of Winchester in Opequon District, 4. #553 VIYCLIFFE T . MORELAND, ET UX iF TO DEED if CLARA E . ''ORRIS, ET VIR iF ;F;F;F;F;F;titiHF;f;E;HHF;F;t;F;F;F;f;f;HFiHF;F;F;fiFiE;Fi;-:F;F:;•;F THIS DEED made and dated this 12th day of April, 1952, by and be- tween Wycliffe T. i',oreland and Etta J. },foreland, his wife, parties of the first part; and Clara E. 11orris and G. W. lr,orris, her husband, parties of the second part. 71ITIIESSETH: 'that for and in consideration of the sum of Ten Dolla ($10), and other valuable consideration, cash in hand paid by the parties of the second part to the parties of the first part on or before the delivery of this deed, the receil of which is hereby acknowledged, the parties of the first part do hereby bargain, sell, grant and convey, with general warranty of title, unto the parties of the second part, jointly, their heirs and assigns forever, a certain lot or parcel of land, together with all improvements thereon and all privileges and appurtenances thereunto belonging, sit- uate just east of the corporate limits of the City of Winchester, Virginia, in Shavmee Magisterial District of Frederick County, Virginia, which lot of land fronts on the southern highway boundary line of the Berryville Pike, and is more particularly describe in a plat and survey (attached hereto and made a part hereof) made ;larch 19, 1952, by Lee A. Ebert, Certified Land Surveyor, as follows, to -wit: Beginning at a post in the northern boundary line of the Greenwooc Road, a corner to the E. E. Martin• land, running with the three following Road lines N 75 deg. VI - 163.5 ft.; thence N 58 deg. 'N - 229.5 ft.; thence N 56 deg. W - 118.9 ft. tc an iron pin corner to Moreland's (Alt's) 0.615 Acre Tract; thence with the eastern line of the said Tract N 14 deg. 07 min. E - 227 ft. to a post corner in the southern highway boundary line of the Berryville Pike; thence with the three following highway boundary lines S 87 deg. 30 min. E - 286 ft.; thence N 75 deg. 15 min. E 345.5 ft.; thence N 85 deg. 45 min. E - 99.8 ft. to a post corner to the E. E. `.artin Land; thence with the western line of the said bfartin Land S 31 dog. 15 min. ;J - 624 ft. to the beginning. Containing - - 5.29 Acres. The property hereby conveyed is the eastern portion of a larger lot or parcel of land conveyed to the parties of the first part by deed of Robert I. Eagle and Eileen G. Eagle, his wife, bearing date April 7, 1949, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Dead Book 209, at page 545, to which deed, the references therein contained, and the plat and survey here- inabove referred to, reference is here made for a more particular description of said property. 'This conveyance is made subject to that certain easement acquired �1 0 Co M° fls by Daisy M. Alt by that certain deed, bearing date March 29, 1952, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 223, at page 38, to which deed a reference is hereby specifically made for a description of the easement acquired and owned by the said Daisy M. Alt in the property hereby conveyed. For the consideration hereinabove recited, the parties of the firs part do hereby bargain, sell, grant and convey, with general warranty of title, unto the parties of the second part, ,jointly, their heirs and assigns forever, any and all other j Frye, her —band, and I`homas L. Nilliams, s sinlo�man, of 1 uiisio,�niliaiia, Aiid of re- cord in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 157, page 8, to which reference is hereby made for a more perfect description. And the said party of the first part covenants that he will warran generally the title to the property hereby conveyed, that the Grantees, their hairs and assigns shall have quiet possession of said property, that the same is free from all encumbrances, and that he will execute such further assurances as may be requisite. 'iJITNESS the following signature and seal. WILLIAM M. CORITUELL STATE OF VIRGIHIA COUI4TY OF FREDERICK, To -wit: I, Juanita R. Roe, a Notary Public of and for the County aforesaid in the State of Virginia, hereby certify that '141liam M. Cornwell, whose name is signed to the foregoing writing, bearing date of the 27th day of. October, 1951, has this day acknowledged the same before me in rqy County aforesaid. Given under my hand this 9th day of hovomber, 1951. Ity Commission expires October 18, 1953. JUA11ITA R. HOE r- io1 _,11_r u is VIRnIIIIA FREDERICK COUIITY, (SCT. This instrument of :^writing was produced to me on the 25th day of April 1952 at 11:15 A. 1% and with certificate of acknowledgment thereto annexed was admitted to record. I iF is ;FiY. FiFiF#i� i,�iFiF iriFtiriF:Firis iF iFi� iF iFiiiNFiFiF ii i; iFi: if F r'#558 iF C LIRA E. ;^;ORRIS, ET VIR iF TO DEED if JENNIE D. GER2,111, ET VIR iF iFiS;-iFiFiFiFiFi:•iFiFipiFii-{'•iFi;-;'•iFii-iF***iF _11f*?F;FiiifiriFiF t TIiIS DEED made and dated this 10th day of April, 1952, by and be- i tween Clara E. I`orris and Garland ',7. Norris, her husband, parties of the first part, and Jennie D. German and Eppa L. German, her husband, parties of the second part. NITNESSETH: That for and in consideration of the sum of Ten Dollars M0.00) cash in hand paid, and other good and valuable consideration, the receipt of ail of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, I and convoy, with general warranty of title, unto the parties of the second part for them joint lives, and upon the death of either to the survivor in fee simple absolute, a car-� tain lot or parcel of land, together with all improvements and appurtenances thereto belonging, lying and being situate along the northern side of Virginia-U. S. ItiEhway No. 340, corunonly known as the Berryville Pike, about two miles East of 'iinchester, in Stone wall District, Frederick County, Virginia, and being a portion of two certain larger lot or parcels of land, one of which was conveyed to the said Clara E. Morris by T. B. Alla- mong at ux, by deed dated 14ovember 15, 1941, of record in the Clerk's Office of the Circ it Court of Frederick County, Virginia, in Deed Book i:o. 184, page 67, and the other of �1I 750 V1 - 163.5 ft.; thence N 580 W - 229.5 ft.; thence N 560 +d - 118.9 ft. to an iron pin corner to 1.`.oreland's 0.615 Acre 'Tract; thence with the eastern line of the said Trac N 140 07' E - 227 ft. to a post corner in the southern highway boundary line of the Berryville Pike; thence with the three following highway boundary lines S 87' 30, E - 286 ft.; thence N 750 15' E - 345.5 ft.; thence IV 85' 45' E - 99.8 ft. to a post corner to the E. E. Martin Land; thence with the western line of the said Martin Land S 31' 15' V1 - 624 ft. to the beginning. Containing - - 5.29 Acres. Surveyed - - - I,arc 9;�1952. LEE A. EBERT Certified Land Surveyor. VIRGIIIIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me or) the 24th day of April 1952 at 11:35 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. # i:-:: iFiF:f ::•iPi'•i; iEi: iFiri:- iFiPi: iFiFiciPiFihpiHFitin; � #555 it WILLIAM 1.1. COR1,AVELL it TO :: :: DEED ISABELLE CAIN, ET ALS THIS DEED made and dated this 27th day of Jctobor, 1951, by and between dilliam M. Cornwall of Frederick County, Virginia, party of the first part, Isabelle Cain, wife of Thomas Cain, Jean Lanham, wife of Albert Lanham, Billy Cornwell, Lois Lee, wife of Ray Lee, 14ary Cornwell, Johnny Cornwell and Donald Cornwell, parties of the second part, and Ethel Cornwell, party of the third part. WITNESSETH: 'That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable considerations hereinafter mentioned, receipt of which is hereby acknowledged, the said 4illiam 14. Cornwell, party of the first part, does hereby grant, bargain, sell and convey unto Isabelle Cain, wife of Thomas Cain, Jean Lanham, wife of Albert Lanham, Billy Cornwell, Lois Lee, wife of Ray Lee, 1.1ary Cornwell, Johnny Cornwell and Donald Cornwell, parties of the second part, all of whom are children of the parties of the first and third part, in .tee simple, the following described real estate, subject however to the following life estates, to -wit: To Ethel Cornwell, his wife, party of the third part, for and during her lifetime or until she shall remarry, however, the said remarriage shall not terminatol the life estate until after the youngest of said children shall attain the are of 18 yeals, and after termination of the life estate by Ethel Cornwell by death or remarriage, then to the Grantor for his life. The property hereby conveyed is described as follows: All of that certain tract or parcel of land with buildings and improvements thereon and appurtenance thereto belonging, being situate in Frederick County, Virginia about Five (5) miles East of '.Vinchester, Virginia, adjoining the lands of D. L. ,'foods, Landon Kackley and others, containing Ten (10) acres, more or less, and being the same land that was conveyed to t S� 7, 1949, from Robert I. Eagle, and wife, of record in the aforesaid Clerk's Office, in Deed Book 209, at page 545, not hereinabove specifically described, and which was not conveyed to Daisy M. Alt by that certain deed, bearing date March 29, 1952, of record in the aforesaid Clerk's Office in Deed Book 223, at page 38. The parties of the second part join in the execution of this deed solely for the purpose of accepting the conveyance of the property hereinabove described subject to the aforesaid easement acquired in said property by Daisy lei. Alt. Witness the following signatures and seals: WYCLIFFE T. MORELAND (SEAL REVE14UE STAMPS if $9.35 if ETTA J. 14ORELAND (SEAL CA14CELLED df afa��3f:s3f,Hf:faf,;•af;�fatfaftHf CLARA E. 1i1ORRIS (SEAL State of Virginia, G. W. MORRIS (SEAL County of rrederick, to -wit: I, Frances W. Beverley, a 1Jotary Public in and for the County of Frederick, State of Virginia, hereby certify that 1Nycliffe T. koreland and Etta J. More- land, his wife, and Clara E. Morris and G. W. Morris, her husband, whose names are signe( to the foregoing and annexed writing, bearing date on the 12th day of April, 1952, have all personally appeared before me and acknowledged the same in my County and State afore said. lily Commission as 1Jotary Public expires July 7, 1953. Given under my hand this 12 day of April, 1952. FrtLIXES ",`J. BEVERLEY i�o ary Iublic. C 5.Z9 A. W �mm �• C pN . C� W O <, Z n1 S 6 w 118. 9' W GREENW000 �pP� The above Plat is a Survey of the eastern portion of the ',,-Jycliffe T. Moreland Land. The said Land fronts the southern highway boundary line of the Berry- ville Pike, just east of the Corporation limits of the City of Winchester, and lies in Shawnee District, Frederick County, Virginia: Beginning; at a post in the northern boundary line of the Greenwood I, Stella B. Fee, a Notary Public in and for the City of Kansas City, State of Kansas, hereby certify that Lida B. Mann, whose name is signed to, the foregoing writing, bearing date on the 18th day of October, 1941, has this day acknowledged the same before me in my City and State aforesaid, and I further certify that my Commission as Notary Public expires October 19, 1943. Given under my hand and Notarial Seal this 22nd day of October, 1941. STEELA B. FEE NOTARY SEAL) 1WTAA1 PUBLiU. VIRGINIA FREDEHICK COUNTY SCT: This Instrument of writing was produced to me on the 14th day of Nov. 1941 at 2:35 P.M. and with certificate of acknowledgment thereto annexed was admitted to record. CLERK. dcdri£ f- HHHHHHHHH'':'H'8: 4F=H' ?4 felB. Allamong et ux se To :. Deed if g �� Clara�E.1"orris ae �Y-J�:-3Y.HAAHHHfiHHHHHHHH:iY.r'cic '—Y=E THIS DEED made and entered into this 15th, day of November, 11941, by and between T. B. Allamong and Edna Virginia Allamong, his wife, parties of .the first part, and Clara E. 11orris, party of the second part. WITIESSETH: That for and in consideration of the sum of 'Ten Dollars ($10.00) cash in hand paid, and other valuable consideration not necessary jto mention, the receipt of all of which is hereby acknowledged, at and before the signing and delivery of this deed, the said parties of the first part do hereby grant, 'sell and convey to the said party of the second part, her heirs and assigns forever, with general warranty of title, a certain tr.,ct or parcel of land, located on the North side of Route 7 in Frederick County, Virginia, about two miles East of +inchester, Virginia, adjoining Stottler on the ';Jest, and Myers on the East, and fronting 95 feet on Route 7, and being a part of the same tract of land which was sold in 1933 by J. Stewart Luttrell to T. B. Allamong. The tract hereby conveyed is all of the remaining part of said tract after a tract had been sold to Edna V. Allamong, and a tract had !been sold to Stottler, it being the intention of said grantors to convey to the said party of the second part all that remains of the tract bought of said Luttrell after !the said two tracts were conveyed to Edna V. Allamong and Stottler. To all of said deeds reference is had for a further and more particular description of the tract hereby conveyed, and where surveys of all the r espective tracts may be found. To have and to hold the said tract of land unto the said Clara E. ?;:orris, her heirs and assigns forever. Witness the following signatures and seals. I t as follows, to -writ: 00 Beginning at a post at the intersection of the southern highway boundary line of the Berryville Pike with the eastern boundary line of the Greenwood Roa , running with the said highway boundary line S 80 deg. 15 min. E - 136 ft. to a post cor- ner to Moreland's 5.29 Acre Tract; thence with the western line of the said Tract S 14 deg. 07 min. W - 140 ft. to an iron pin at the southern and of the hedge fence, and con- tinuing S 14 deg. 07 min. W - 227 ft., IN ALL, to an iron pin in the northern boundary line of the Greenwood Road; thence with the two following Road lines N 56 deg. W - 144.6 ft.; thence N 14 deg. 15 min. E - 167.5 ft. to the beginning. Containing - - 0.615 Acres. This property hereby conveyed is the western portion of a larger lot or parcel of land conveyed to the parties of the first part by deed of Robert I. Eagle and Eileen G. Eagle, his wife, bearing date April 7, 1949, of record in the' office of thb Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 209, at page 545, to which deed, the references therein contained, and the plat and survey hereinabove referred to, reference is here made for a more particular description of said property. The party of the second part has paid to the parties of the first part the sum of Six Thousand Dollars ($6,000), the receipt of which is hereby acknowledged. The balance of the purchase price, Nine Thousand Dollars ($9,000), is evidenced by the bond of the party of the second part, bearing even date.hsrewith, payable to the parties of the first part two years after date, said bond being secured by a deed of trust on the property conveyed, bearing even date herewith and of record in the aforesaid Clerk's I Office. The parties of the first part own a certain parcel of land ad- joining the hereinabove described property, said parties having acquired the property by the aforesaid deed of April 7, 1949, from Robert I. Eagle and Eileen G. Eagle, his wife, of record in the aforesaid Clerk's Office in Deed Book 209, at page 545, to which ref- erence is hereby made. There is at present a septic tank located on said property which has been used to serve the house on the hereinabove described property being acquired by the party of the second part in this deed. In consideration of the payment by the party of the second part to the parties of the first part of the sum of One Dollar ($1), the receipt of which is hereby acknowledged, the parties of the first part do hereby grant unto the party of the / second part the right to use that certain septic tank and the pipes extending to said septic tank from the property herein acquired by the party of the second part as an ease- ment appurtenant to the property hereby conveyed to the party of the second part. The right and easement hereby granted is to continue only so long as said septic tank and said pipes remain in a good state of repair and can be used without injury or threatened injury and damage to the property of the parties of the first part, or their successors in title. The party of the second part shall not have the right to replace or repair said septic tank or said pipes, and the party of the second part joins in the execution of thls deed for the purpose of herewith consenting and agreeing that when the said pipes and septic tank cease to be in a good and proper state of repair that she will cease using easement appurtenant to the land hereby conveyed shall cease and determine at such time !i Ias said pipes and septic tank cease to be in a good state of repair. Witness the following signatures and seals. iHEiE#####iEiE#iEiE-�EiEiEiEitiFiE# REVENUE STAMPS # $16.50 # CANCELLED # State of Virginia, County of Frederick, to -wit: WYCLIFFE T. MORELAND ETTA J. MORELAND DAISY M. ALT i (SEAL) (SEAL) (SEAL I, Irene H. Clark, a Notary Public in and for the County of Frederick, State of Virginia, hereby certify that Wycliffe T. Moreland and Etta J. More- land, his wife, and Daisy M. Alt, whose names are signed to the foregoing and annexed writing, bearing date on the 29th day of March, 1952, have personally appeared before me and acknowledged the same in my County and State aforesaid. 1,1y Commission as Notary Public expires August 17, 1953. Given under my hand this 29th day of March, 1952. IRENE H. CLARK 1uo ary lubiic W Y Q MORELAr4D'S - 5• 29 ACRE ` TRACT i- The above Plat is a Survey of the western portion of the 'Wycliffe IT. Moreland Land. The improved Lot fronts the southern highway boundary line of the Berryville Pike, just east of the Corporation limits of the City of Winchester, and lies, in Shawnee District, Frederick County, Virginia: I Beginning at a post at the intersection of the southern highway boundary line of the Berryville Pike with the eastern boundary line of the Greenwood i Road, running with the said highway boundary line S 800 15' E - 136 ft. to a post corner; to Moreland's 5.29 Acre Tract; thence with the western line of the said Tract S 140 07' W - 140 ft. to $n iron pin at the southern end of the hedge fence, and continuing S 14" 07' W - 227 ft., IN ALL, to an iron pin. in the northern boundary line of the Greenwood ;Road; thence with the two following Road lines 14 56" W - 144.6 ft.; thence N 14' 15, E -� ��3►3"3 r,2q payment of the stof Five Thousand and Five Hundred.---('b,500.00) Dollars, each in hand paid, the receipt whereof is hereby acknowledged by the parties of the no NEREley C.RA*-t qXD Cor✓Ef %A-Y-to tHE SAID P,1Rty of tffr SEColrD PAA{ t first part,/4tlte following described real estate to-v;it:- All that certain tract of land now occupied by the parties of the first part, improved by a dwelling house and other buildings thereon, situated in Frederick County, Virginia., on the South side o the Winchester and Berryville Turnpike, about one mile east of 71 ,S SCq?e /0 6 op CC. . East of Winenester, Virginia, adjoining the land of James M. Brown, Elizabeth A. Horsey and others, and containing six acres, two roods and twent;T-three poles (6A. 2 R. 23 P.) as shown by the plat of survey recently made by Surveyor James K. Hendricks which is incorporated in this deed and is to he recorded herewith; being a part of the larger tract of thirteen acres, two roods and twenty-four roles, which was conveyed to the said John S. Solenberger, party of the first part, by deed from Evan Jones bearing date March 15, 1094, and of record in the Clerk's Office of Frederick Cour.tyt Virginia., in Deed Book 112, at pp. 367-0; to which said deed and the deeds therein referred to reference is here made for a more particular description of the real estate hereby conveyed: To Have And To Hold unto the said party of' the second part with all the improvements and arpur- tenances thereunto belonging and to his heirs forever. And the said parties of the first part do hereby covenant that they will warrant generally the title to the land hereby conveyed; that they have a perfect right to convey the same; that the said land is free of all encum- brances; that the said grantee shall have quiet and peaceable possession of the said premises, and that they will execute ^uch further assurances of title as may be requisite. Witness the following signatures and seals the day and ,year first above written:- Jno. S. Solenberger, (STAL) Katherine Solenberger, (SEAL) County of Frederick, to -wit: I, Jos. B. Newlin, a Notary Public for the County aforesaid in the State of Virginia do hereby certify that Jno. 5. aolenberger and Katherine Solenberger, whose names are signed to the foregoing and annexed deed of writing, bearing date of the 20th day of November, 1911, have acknowledged the same before me in my County aforesaid. MY commission as Votary Public expires August 3rd, 1912. Given under my hand this l2th day of December, 1911. Jos. B. Newlin, Notary Public. I? 8 --&63� CrjjyO ?3A. P/Q��-sure `�'SS°1enber er sod tom--� G ,Pmeade Situai�a ore ��ee �✓tttc�es��r an Pi k e r"4 rig N G ya . J mes K• /7elto%ric kS. 0 Or 06C 41 j4r -lofy po t A6,, oll *4 Xb 91 wpr , vi 41 IT IL 0-�p Lk1c po, nVn 4 ol -00or VN-f---3 C-1 �- /14 )\ 6 z z5- 2-Y) 4MCm4 gr#o i of O'lo v fowt-art -il L 94 ar#ariatraQ+tYt#ika#af,t#.aalafAYae - t CU`!:!O:;wl'AL,TEL OF VA, a TO! :1 DEED * W'tLLt.F.CE: E. bTMi'SQN, SR. , f,T Uv Q#t aatY+Y Qaia RrilY�it lea l+k,r „ oaf#►#f, `. 4 Tlf1S rrTr% Jo-wa thle 16th dQ7 of Just, i`ly:, by snd betwvn tha o LT+ or VINI:tlA, attlna oy end tnrvuah tht U*te Hi1h>r.►y snd 7ranepotte!io» CeurL/eLonar, Cr4ALOr, sod WALLACC D S1hY5L'tt, Sft, &(f) JAXICI ►, 3W301r, his wife, Cra+lttesi VI'TIMSSM I THAT VKMLAS, the hereinettac dcrtribed pkvpatty VA, at wed LntidtnXal of the tonetructien, rrdonetructiuna altatatLOn, t►sinttaence and C*V.ir of 0:# Suit* t!!ghosy Sytte+►. rl,a VtfIMI , sccordid617, this conve,rnra it tuthoria*d in accordenCR vltb. t!t provietons of Stctian :l3.1-94 of Cha Ckwla 01 Y.r+:nie. (1950), at eta* hGt a d , 11 NOV, t'pkiltmsi, fur end jr, C')ntidtl•itl-"% of tht rus of on rdO &M Milli HtfM XED rtt'f'f DOLLAK3 iF1,95J,Jv), ;script of which is harebr aekrtt+vIodgsd, tht CT4intor 404s herviry p anc arts e0o�e/► wjt6out verrrnty, ' unto. tA• 01satett the hdrtia•rear described rat or y*rcal of leni', ell of i1bieh 116e ill lfbawnss 11eYiststisl 4LYtrict of reed*rick Gounty, WirdiriaL •aing as Mhuvm op Ahaat 9 of the Fle114 for Ilvuto 659f Uses ltiphvity rrojact 0*?147+.-1i7, C-301 ana o4WA the land lylnt in the e4nithtast gu"Tant of the in- teraettion of %ovte 451 avid scat. 7, from the couch existing right of wry Sint of ka%ltw 7 tt r pulnt apprnriwatoly 47 to t�jpositt opproAk"ta Ststiort 17072 ( held rsvisad A canterlint Ruuta 65 to 12re lams now of forwrly 6410n5ing to W011894 t, Siayroa- ffiT.a at sIt At a point •pproswctly 2i fiat appoalts afl,rs,kitieta Ration 11r15 4fial4 revived "A" Centel- lLAa Rout• iS}), t:olatoining 1,531 aqutre fret► tprs or loss, In4 being s portion of tn4 Lrnd acyulrad by tha Grantor fry [talon it. Funk by Aral of rurcactlon d.t$4 HATch L2k 110 entf r�sQca�.d.i4 pig 4� in the or.►ice at the Clerk of Lhs Cirtuit CDurt of rtsaarlak CoU-htr• par a Rare perticular fa*triy4ivn of '.'la 1an4 hats[* converts, rafsraace it cans to rate w copy vi s+id meat .10 00viol outlined in Mro Ca., .aid Laud, vhith phot"opy is hareto attact►ad •r a part 94 thle con- ' VayFnce atld ie to be Tecordcd /iWl4alltJ4si] hrTeu:t% is the /tat* Nunn'*? flsu It Is %nvJratood chi agreed by ar«i '04tvrto th* pact'## bsrato. tuft thla Conw►fatt.tt is suj,jovr Ce vuy eiaLL, p:.�.1cse, or 69A&IN. lt, #.*v*J4r1%x t%t turaia described 14&d. v0409c tocwtsd abovvr up00, Of yutar Est tprtrea, •Lt},er rtsrrnttlr irk us* or 4f record. 74 • ♦.+.iirwAA�A.rAA+.rAA�kAAAti�iAAAiMA*AAAA* .4� 142 WALI.I,0F:' L. SImv50N, SR. , EST L'Y. e I I 7 _., ; > s s DELb OF' GIFT � W?\T,LA(",'E E. SIMPSON, SR, , GT UX • .r•Af<+aiaiAkA+AtAAA*xAAA*a�AAik�tAAAAAkA '� I ' I i THIS DEED OF GIFT, shade this Let day of ,January, 1982, bttwaen tda_Lace E, Simpson, Sr. and Janice. R. Simpson, his wife, f of t'hn one part, hereinafter called the Crantors, and Wallace. Z. sfurp90 n, Sr, and JA nice R. Simpson, his wife, of the other part, hgxoLnnftsY eha Crsniets. WI'i' ME'Y'Hs that for and in conaidtration of the sues of Ten .f Dollars ($10.00), cash in hand paid and other valuable con- t rideration, receipt wheraoi' is h weby acknowLedged, the Grantors do grant and convey, with Central Warranty and with English Covenants of Title, unto the. Grantees, as tenants by the entirety in fee simple, with survivorship as at common law, together 4ith all Ytghts, rights of:way, privtlegas and•appurtenances thertto belonging, all of that certain lot of land .situated on the South side of Brute 659 (known so Old Berryville Pike), designated as 1521 Berryville Amanue, lying just Last of Winchester, in Stonevs. 1, Magist, Aal District (formarly Shawnee Magisterial District) of ' Frederick County, Virginia, also lying E&A. o: rsewly consitruated Route 659, and being the same property convaytd to Lyle T. Simpson by Robert Z, Yount and wife by•deed dated geCajpbsx 22, 1955 and recorded in the Clerk's 01fice of the Circuit Court of Froderictc County, Virginia in Deed Book,239, at Page. 333, LESS off conveyance of• ,015 Aares, Imore or less, to the Cowoun realth of Virginia b deed dated Janutt 4 1980 and seta ...� i'b 9 'y ..-, rded in tits aforevaid Clerk's Offios in Deed Book $20, at Page R93•, Lylo T. �r Simpson`dfed August 3.1, 1977 and by his Will probated in the Clerk's Office of the. Circuit Court for the City of Winthastor, • i' Virginia in Will book $3, at Page 379. he devised said.rasl estate to Wa11ICe X. Simpson, Sr, and Anna S. Gardner, subject tu, the life estate of the wife of Lyle T, Simpson. l L. Siop4cr.# who has since died. The one-half (1/2) interest of Anne S. .� i N143 544 na 74 i 75 Gardner •.:as corweytd to the male Grantor herein by deed dated 5�pce G•r: .f�, 19,1 and recorded in the Clerk's Office of the Circuit Ca-jzof Frederick County, Virginia to Deed Book (dr conveyar,-4 is ride subject to all lgally enforceable rs6trieLiva Lovecsunts and tAvement6 of record affecting the eroreunid realty. WJTti"s the following sierrdtures and seals t Ma) Wa ace Impgonj Sr, [� A SEAL.) 7zn ` �� mi pac>n &'fdTE OF Y,IRGIriIA, �i _ __• OF r"I V _ , TO-W1Cr "i16,r gc - c am, a Notary Public of and for the State and Ctur7Uj aforesaid, do certify that Wallace E. 6impson, Sr, and Janice R. SiQpaon, his wife, whoa* names are signod to the foregoing Writing, bearing da_c or. the 1st day of January* 1982, have acknowledged the same before me in ray Stwte and Given under my hand this .L day of `,��i+ a "••.....1.,1982. My commission ezpi:es T P" At- wtary FU .. 2 - 1 s SR. LT Al, F- 0 OF vIRGINIA 1k ft Kc,rxd $4-76 620 nu 293 C !I... -, of —1—A—m— 0 b, Mato verb, "-j' WaJjscj J. jimpoom, Sr., and Janice K. limpvon. his vital Anne 5, Gardner, '06.,4 P.4t fJ ike C(A4Ai&VhfA1-M C*' i 1*61NIA. Goww.- In 4—w�•vna" 01 QU p&W *y rkf V"Jjv In 10w pwif,-r, wcv*r of %*k* J# V.4 ,--,re "no, apid 8'"Irr M jar xf"'[4, o4rh .1 "1 %wMx1y. '/w Irgdarlz k jI aolu# &d fh'- o on 311*04 3 of Ltzo plane f'?v Aouts 6$9, State Hil"y Project 065"34-141, C-101, 4W4 kyij Vu the 1VVt61wajlL (left) aide 01 the livid revised "A" caffurlille and jJjACQ4:jr to Chi 6.64 0LQ0&4'ty JJAA Of HO1611 A. Funk and the north property line or }dry Pac4sos& grow time Idnui ut.Awlima 1k. Funk *profits approximate-41tatius 1S44-to the .arty at Ary V. .A wpo p)poalt. &pry94!w*&o Station 13+73 *ad containing 0.043 acre, sure or laaa, j*i.Aj toge&lo,ir WLth L110 tewqQf#LrV fight and $40whant to Use the 6"Itignal Ara& akv-4& Aiu 66int r&quir*J for the proper cooatrkActiun end waLnowlace of the Vork 6*v**" 44.4ive &L,,Ha " liatiow 15r#45 on the left, containing 0.011 acre, ewes or lgsp "id L" 4 wAry oA6*-mmt wL11 terminate at such time am the Conotfuttlow ef the aforgald jpr4jocC 13 *ad '"ir4 a poet of the sawwt land acquired by Lyle 1. St"404 fr0A A. Twu*4 tad "a Warner Young by dead 4*ksi becoulleir 22, jV$$, of record So the Clerk's Offica of t6o Circuit Court of freJarLck County, TtrgiaL*, to Wed Zook 2)9, at Padt 363. X*" "i-i Lvlw T. 6terska 4*p&r" this life testate AUS#Asg 31, 4911, devising Lia raAl i"t&Lt to W*114,ca :, ai"voa# Sr,, ad Anne a, G4rda#r, equally, subjeGt to the III* 4#&4ta of Z"a L. #11 ut willch is evi4wagod 61 the lAwt Will *rA Tostaw"t of Lyle T. ItAWww, which .ma 6ora"toi October 13, 1977, PP4 viatch is of record to the Cietk'o 09IL" of the Circuit Court of ter City 99 Winchester, Vir$izla, IN Will Nook $3p t P&&* 771. rut' A Putw ?4fk1twLAC 44"riptlok of the ILXA iwirsix coulpAyiA. ;'02'4r#"4. is wadi to pkdt* twry of &.iJ ZLwvc 3, o6owlna qstlipad in MM UA land towroyed is fee simple SM Q&A.'fiN L6* Lo-A.— 4 -wyw g"' k4cu PW.L" C"7 to berate stwbed Q* 'A part of times, 00#*Y&*4�6 4" %14011401i IN Stttf 6100?" PlAt gplld ltlMKWlJFl 0..•OIM�yH_.�, _ �awwlr.A•�.�a.��y�er�aJr„. _r YM1YY`r1Y10�YYYYYr�R 1 �"Mw :D- r 2 21 4 31 e. A ''" 7 t� . a AI STONEWALL DI VCO WE Rd. HAWNEE DISw"-T'"' aEF'- 4-'-,-4L: FFS I 1 1 :4d 1:1PLM'1''C'1F'LE �a= ►+tea I #G13 G. W, TO p E'JUE11E w-ora•�cs� r�swr#,��+�+r�►� �ta+r�t n�• win *u ��+ n ��r,� This D 1r f D .+ 97 093 P.08 made and dated this 22nd day of May, 1954, by and between G. W. Morrie and Clara Morris, his wife, Grantors, partioa of tkla first pert and Eugene RtiAsell, Dorothy Russell, hia wife, and Eugene ltussall. Jr., Granteea, partie Of the second pest,--�---- tY E S S S T H : - That the said parties of the first part for and in consideration of the cash sum oi Ten Dollara, and other adequate conaidarati :13 deemed valuable in law, the receipt of all of which is hereby acknowledged, do hereby grant, sell and convey, with General Warranty of 'ritie, unto the Baia parties of the second part, their heirs and assigns forever, those two oertain tracts or parcels of land, situate in Shawnee District, Frederick Couuty, Virginia, a short distanoo Eaetwar from the City of Winchester, and more completley d000ribed iii a Plat and Survey, ahowin dimensions, surveyed by lee A. Ebert, datad May 222 1954, Certified nand Surveyor. Sal Plat and Survey being dttachdd hereto and considered a pert of this instrurcont Parcel .i is oonvoyed together with all righta, ways, rights of xay, privileges and appurtuuances thorouCito belongipg and aubjoct to thawcon� itiolls and restrictions shown with Plat of Valley pull Heights Sub-divls,ioo of G. 'rY, ana CXatPa T�y..r�'+r.,..,o.,.ray.�'i^„-4'.:nr•...•.-JY...n,rtr..,.'^' r�•... rr.�.wvY.-v,.,.r�rr,.i•a.f•Irx......r•..v rw J-r'-. .t .. r�4'[S 31r o Morrie of record in the Office of the Clerk of the Circuit Court for Frederick County, V'irgirlia. Parcel B is ootivayad with thu same covenants, conditiona and restrictions as set,,forth for "Iarcel A", but with the additional provision that there will not be any struoture that will obstruct view ov be otherwise detrimental to the other Dljoining land, ere,lted on said land. It is also defi►iitel.y understood the parties of the second part Will not sell any easomaiit for water and wear or right of way over or aoross ar.y Part of Parcel A without the express oousent of tha parties of .the first part. T110 said partlan of t110 first part covonaIt that they have a good right to convoy said real estate to the Grariteas; that the tame is free from all liens and encumbrancny; and that they will great such furth6l' assuranoas of title as m.ay ba requisite. Witr.os.s tho follo-,Ylzig si,jnaturss and seals: G. W. 140U,15 ---._ ...._iSAAS ) 3ta'o of Virg,inio, � � Couni.y �l 1'rarl.crir..k, '1'r��Vli t: � 1'ac:cy 'N. clovor, a uvtary publio in and for the County of � I j irodtlriok, in the State of Virginia, do hereby certify that G. W. Morris and Clars Morris, 111s wife, wliobe name's orb eignja tW the fox•eguiug and annexed writing) bearing auto the, 22nd day of May, 19b4, Lava aaoh personally appeared 'before me in nay Couuty aforesaid and ack,ioviledged the saws. My ccmmn3.n31Qru expires April 8, 1957. +r�r ff ,wr,ra+rsr r+r ,ra Given u[1der my hand thia 22nd day of May, 1964. REVENUE STW-PS +� CANCI L12D +� Ii..4.4!•.!, .., .., }r f,,!<: a •r. 1. ,1. r list JGG A:NCY W. GLOVER ry o�'lo - r-- _ - �---- ll4 ,IrL4� 4 �I-• fr �� .r�"�r f ��� • u q W Z •. ,fir W Y1 t J' IV F�� • 1 p,t<• y11GN�6A N IS 16 W '11 W 0THCA LAND M6CE L a 235.7 SQ^ Fs. "he aboti^e Plat is a Survey of two parcels of the G. W, and Clara Morris lan<1. `file eai•d Land fronts the 4outher;, highway' boundary line of the Berryville Pike - Rt. i 7, a Short distance ea3t of the City of Winchester, in Shawnee Distriot, Fraderick COUnLy, Virginias PARCe.I. "A" - 44,574.5 Sq- Ft-; Beginning at a post in the said boundary 11r,e, a corner to t�le g. r . h1artin Land, running with aline of the said Martin L,,nd 30° 07' W - 418 ft -, orossing the 10 ft. ?tight - of - Way, to a stake in the southcrr, 1ioa cf the sai3 i?itit of - b'w'py; a earner to Morris' Uther Land; t.ience with a 7 iae of the s,-Ad (athor 1.ard, tr,c na,id line being the southern line of the said Right of - Way, i 77" 45' W 27.5 ft. to a Make corner to Morris' Other Land; thence with Ij � fi II�H I a Iir;e of tt,e sa1.d (,`thE�r L�►n3 and unntinuing with the eayteru line cf Faro 1 ,I crossing the fail Right - of N 4` 46' W - 296.S f-c. to a highway marker in the ` "B " thence r � southern ?ri�;i;way ba'rndary liras of the Berryville Ylke, s oorAar to Parcel !i , with the said boundary line N `73" 05' i - 2d,6.6 ft.,to the boginniog. i FARCr.L "B" 235.7 S1, vt. s Beginning at a highway -mark-e:--in---+-- tha 8011thrmi EILhwe.y boundary line of the Berryville Pike, a oorner to Parcel "A", running with the western litre of the said Parcel. "A" 5 4° 461 E - 12 ft. to a stake corner to Morris' other Land; thet)aa with a line of the said Other Lend N 88° 10' W - 4 39.5 ft. to a stake in the highway boundary line; thence with the said boundary line N 740 3U' - 4U ft. to the.beginning. Surveyed - • May 22, -1954. U9 A• LURT _ er i e an urveyor, Comm. of Virginia # 04. rgi the -CitJ of `aincYietc�r, - SY,awnee 7isfiric`, •�rlck Cou�zt ,- q p of p T- + e Tf .�� o- t:7e said "Lot, II 8 t 8R iron 1).LI + ]... J .� l Zv fi F. � t Fi.l- } r. l a� I v )•' -he r „. h . Morrie �. " 8 `Mate Land, wW-c q ?Ji.''_ j3 lo(m t6A by measu3';,.rg S 40 461 . I � urt ! L - 93.65 it . ar oi�.�3 the said line from a :�,hway msrker, a _or►ie=' to Farce-_ A. r j; :�witr. the said lZ►�e 4 ° 46' ; I2 S � - . �`;5 ft. tc an iron F� a.�i� d , ai cel B rs runes-� -! i in t„ ze souther: line of a 10 Ft. Right -of Way ; trie-).e w 1'•h the Qaic: :e, a lire of the said Morris Estate amd, S 77° 451 � - 47.5 ft • tip a et �:: =e iri a lIne of the i � NLgr+ Land; thence with the said Brie "� ° 27' 1R? 3 Vt . E sta o corner 6-0 .-s o f h1 - to t:^.e Ret,f3ined Portion•; thence �:i`:T: 2 line of the said •,L:1c=r' 7.arjd Ti .� t 1 ;i 1 15C .1 f t . t o the; `egirzning . Contai;n� - - 16,5R3.5 Sq. • ? e i tT i ii Ft +,�r .�.e i,er' arve-7 or, ii CDR=. c Virginia # 4 . !i �l survey - - - May, 8, 1959. VIRGI IA ! FR:EDERIcx COMYN, { SCT . + TrLis instrument of writing was p„oduc.'u to w or_ the 20th day o February 1960 at 10:30 A. M. and with certificate of ackaowledgmnt thereto annexedI t I was admitted to record. CIS t q\4 !k256 L0 Y- UX - DID OF TRUST THf?T C , ET AL.. TRS . � A Nt3s ?_''th, y`?59, rave raonaIiZ• appeared before me, in ,- county aforesaid, and t acknowledged tte sam Given tinder .,qr :Land and not-arial sea! this ^ day Of ,S L e - 959. C F SPI'_'I��'R C . F . SPIT �' . . . Notary P'a:�lic, A?' ►. vowrity, Ohio ar - ... cc.•mnission expires ' pril 22, 1962 . I G. W. 64COWAS (ANO PT. BEG. I RON PW 1 FV" NI ry S 4 4,6E — 212.65 S 77 " 4`' E ' 2 7S 16,58 .r5 So. FT - MAG SI .7 �1,-ill or 6iisse-3-1 Land. 41 r i! 4k4—W 4tiO � II ar � i1 Vy i cc The above Plat 1s a Surnrey of the sout'iern Portion of u the Eugene jl i' - .e saiA Portion lies 3GUth of the Berryville Pike - Rit . ?, just .I .f cc T FF'_ _ 4- Lw rIF'L6 4�y'1'dC993 P •1� . •-...— .- -- = . p:tfi:l.ttNF N�'.IA...rw.1�N:+A ..4./tiJ�:+l.Aw1 p...11,.1 w:: ..._._ TO 40 I ir.7iF+7A�Filit7fiti�iMHf:!#itiw:l#ittiN/iHt7tlriliYih.il.h►<it► pit, Off YtiiS DELD r,;ade and dated this lath day of April, 1952, by and be- G�.t�si i j triedn u,yclilyu 1. YJweland slid Ltta J.`V:oreland, his wife, parties of the first part, i alu Liai'a L. oiOrris and Go 4. La7iri9, iwr husband, parties of the second part. i �ri'il';b55b�;t: 11,6L Afor and in cuusideratlon of the sum of Ten llolla s slid Vt::Vi' vaivablu UOtiSiubi'atlOri, gash in hand paid by the parties of the second po:•t to Lt:o pai'L16s of tile fil9t Part on or before the delivery of this deed, the rsceip ui w111ch is hereby poknowledged, the parties of the first part do hereby bargain, sell, 91'411t a:,d GOL'Jef, with goudral Kari-ar,ty of title, unto the parties of the second part, juiatly, ti.oir Lairs aiiti aselrnd furaver, a e6rtaiu lot or parcel of land, together with all ir.1p!'V►`d:.,VBt5 ti/drdurj bull all priviieE�ds and appurtenances therauuto belonging, sit - unto judo daat of tho cor'i,t,rate lijuita of t'he (iLy of ►Yiuchester, Virginia, in Shawnee t:a�isLdt in1 Lidtri(t of' Fr1:ut:rick tounLy, i<irgi;iia, whloh lot of land fronts on the L.Uti.uii, 1,1VIii.thy WWI,:ary i11•e of ti:u beviyviile Pike, and is more particularly describe ii, a plat 6uu oiirvcy ;atLtAJ_dd iteu'etu null uwde a part hereof) made h?aroh 19, I�ib2, by j LiAi,,; J..i LuiOw, tie follo'hs, to-Yllt: at is post in thu nor'tharn bouudnry lute of the Greenwood: vvriiOi' to tlh6 L. G. i•.ah ti:r laj,(l, 1'OUli4,11 With the three following hoad lines N I !t; de,;•. - .c;;,.5 i't.; ti,e:;h:a i1 bu deg. d - 22d.5 ft.) thence N 56 deg. 4 - 118.9 it* to iw ircu pia corder to kuialat,d's (Alt's) 0.61b Acre 'tract; thence with the eastern line �. Gf tho oald tract .1 14 dogo u'i m.r,. L - i47 ft* to a doer corner in the southern hichway 11i1d of ti+e i 01.1 vlllo i iku' thtlaca with the three folloivin , hi _hwa bounder i Y / P F, Y Y_ _. la:�s S 67 do f. " akin. c - Out; ft.; thejluo a 75 deg. 15 min. E 345.5 ft.; thence N 85 ai:. 4:, ::,ill. £ - 006 ft• to a post cor:,br to the iS. E. Martin Lend; thence with the ! rrestQI.;) lit,e of t1:(0 $aid b:artili Laid J 31 uct,. 15 mitt. 'd - 6" ft. to the beginnine. 91,e p: �)r,), Cy r.61o,,.y cu►,ti'byed is the eastern portion of a larger 1 tG� Ji' iitid� ,:f 114"a Coll Ud 0O this 1• � pnrt,ie+s of tlhd first part *oy deed of Hobert I. � ' harlu and tIlrun G. Lague his wile, bauring date April 7, 1949, of record in the office of t:e C1urk of the Circuit Court of Fraderiok County, Virginia, in Deed Book 209, at Paid U,45,. to vritiui► dbdd, the ra20rer,cea therein contained, and the plat and survey here -I Ii::at;;to rn::orraa to, roferel,cd io hurtq walla for a more particular description of said i.rcti�rty . a stibauct to that cartain easeniarlt aq.uired t,i 1.'ai4ly 1.,. Alt cy that cartaiu deed, tearing date March 29, 1552, of record in the of fi e of the Cihlrk of the Lircuit Court of F'rvderick County, iirginia, in Deed Book 223, at ;%abe 46, to which duel a referoace is hereby specifically made for a description of the 488e;ndt;t acquired and oeaied by the said Daiay 11, Alt in the property hereby conveyed. 1:cr t;:e e,r..aideraticn horuicabovo recited, the parties of the firs part do hcrtlby bargain, sell, grallL and convey, with general warranty of title, unto the partica of ttie recond part, jointly, their heirs slid assigns forever, any and all .other I-t.:. L1r r rtlI-'LL 4 F. 13 _ ._....._._.•! Fryo,—fier-iius�and; aiid`i}iomes L:'�iiliame,�e slneid�sie;—lndiena;~ana�oi�ro- cord in the Uurk's Jfficb (if the vircuiL U'ourt of rr'edarick County, Virginia iil Dead tijuw 1:'l, PuFf; 8, to WLicli :'olni�aii:ti is t.dlab,• vladd for it more parfait aeseriptiou. Ali;;; th(t :ai: rarL.w ): tl;o first part covenants that he will warran gv:,ol,aliy i,:tc LiLld Lu tiro pi'upni'Ly hvloLy curivbyed, that the Grantees, tlieir Heirs and nbaip'.,n Jitall ilnre qultlt NUbbtlea:JU ,)I bald prcpdrLy, that tf.d saiia is free froin all vil�uu.tJrnl;.ob, bl;u UaLL IJo Will bia,;ute auoh fu1'Lher uesurdr,ceo &3 may be requisite. tho folloali.g slTna`..ure and seal. � WILUAY L , ' ►., Jioni:.a n. �::�, a l�:;tary i'jb_to of and for the County aforesaid lL tho :,%tLLO of ril•,YjiAa, 11v1'oL-y t,erLify ti1gL t41liant 14. Co1'11Woll, whose halite is signed Lo tId fvl'u4tAlq� i Wl•itl11g, Loup. e. date of the 'L'itll day of Oetouer, 1951, tuts this bay j 1 1�nG� t;:je:d L1w Se.iGd Luf3id ,:,c it, :,,j t.v..,ty piurj3aid. Ci':en u:J_t,r :11, &:und this �Ji day of Imember, 1951. � !:isi:1: Nxpires ljAoLer 1�, 1'153. JUAb I'l A R. !:CiE Jotary a Tic'--- — —� ! ;l.'.'; it ,`.r,,:,•.r� Jf Al'itin, W13 plraiucod to ma of] tite 25th dly of 1,;Ib A. I.:. a;,J. x;t1, cortifit;ato Ui' tl,ernto Qt,nbXed Was � ,r: ',a: .,.:,..,.:,1:.:, r.r ;. ..:a t::.t:r:;•.r„ •:: •r.rr •sr } �i`�✓ ;ltl �' • V;13 this l.)th day of a u'i1, 1352, by and be- r�'J. •y� 1 UIi v1G16 L• uII'is tli]a G61'aallit .i. l v:i'ib, 1101' hus'r,at,d, lartles of rile first part, And 1 jel,uae L. vdrllsali slid Eppa L. barrlan, hor husuaud, parties of the second part. 1,L:1J:. 1;; il,AL fur a',' ill cjl,bidbratioll of the sum of Wen Uolia s cash i:, haad paid, a;id utitor gu•xi and valuable consideration, the receipt of all i of ►d;ich i3 hereby acDcnv► 1oilgod, ti,e said parties of the first part do hereby grant, se , and c,1,.uy, with ger,ulal harl'allty ul Litia, urlto the parties of the second part for thei joint linos, a113 up.,n the death of eitiler to till survivor in fee simple absolute, a eer- taili lct ur i.,rcul cf land, tugrothar Y AL all improvements and appurtenances thereto bellcq;iltg, 1. iZ6 and baitlld 6ituato along tier northern aide of Virginia-U. S. Highway No. 340, ccca:ioi ly k;-ur+.l as the Bnl'ryville hike, about two miles East of 'dinchester, in Stone .11 _iutrict, rraderick �vullty, Vil-gli,ia, anu being a portion of two certain larger lot �r l:a::els Of lead, oua of wlliGh r,ab c:vuvaY04 to the said Clara E. korris by T. B. Alla- I:wnB oL ux, Ly dica dated lio-ve;liber 15, 1541, of record in the Clerk's Office of the Circ it CDU:'t of r:cuerick County, VirfilJie, in Deed Hoek 11o. ld4, p&Ce 67, and the other of �tf'— 4 & F-h:1 - 1 :4 L,:LF. r P,h'LL 49yY3096 F'•. 14 La q-. jt ;t" 'A - 103.5 ft.; t11bn,,e h -W" 6 ft.; thence N 56°-d - 118.9 ft. . to an- iron -'{ - C.i,15 A.:rd 'Tract; thuDeti with the eastern line of the said Traci curj,lip ill t:.e southern highway boundary line of the ia:jy.fl�u i'iaU; r,l.ot,ca r,ith thu turea,iuilurving highway boundary lines S 870 301 1 - i o G ft.; thottOb ii ;V, 15, c ;i45.5 ft.; tiiarice N b5° 45, 1 • 99.8 ft. to a post corner to Ub 1, E..!Grtln :4tid; tl+tlnce n±th tLa wtatern line of the said Martin Land S 310 1511 624 ft. to �1;,) t'oiriii. Iainine - - 5.29 Acres. S.t::ej•e.l - - - �.tnrc.Ii I9,'}�t.2. ' LEE A. EBERT I writ ir,€ was produced to the on the 2-,ti, day of Arri: 19'-Z 1::35 a. i•;. ei,;l :;iti, -,ortilioato of acknowled(ment thereto annexed visa ! �, r.r1 .�. . ,. i ... ,:.�.'.t •:. ;,fhtir rant r' a .. � :�r .nr •rr •rv� ,;aatt:l :. a::' ..r:Ht ar,J $tell ti,is 27tt: day of Jetober, 1951, by and � " -'' '1• rn:'jall .f ',crick Co!:t,ty, Virginia, party of ti,e first art i i' , o,ife of Albert Lanham, Hilly Cornvrell, ` L ols Lve, r.:.v of !L,y 146, .,I+ry ; ururyell, Juhnny Cornwell and Donald Cornwell, parties I of--ta.o sheer: i i:art, a: d "Thal u+srty of the third part. ihat for urid in consideration of ti,e sum of 'ion Dol]ara � 1 cb3h ill hand pbid, anu uct,er 1youd and valuable considerations hereinafter rocoii:t of which Is tjdrouy acknowledged, the said Alliat7 y. Cornwell, party of t'•c fij Jt rar't, does tei'aby fl'bc.G, baj•gain, seli and Convey unto Isabelle Cain, wife Iof Th,�:t•as Csia, Juan Lar;hbm, wifn of Ailrerc Lanham, dilly Cornwell, Lois Lee, wife of ' ={ay Julu,tty Cul'tjcreli and Donald Cornwell, parties of the >? second part, r::ildren of the ptir'tids of the first and third Fart, in fee simple, the IPOliL.11::g Ur;v;1L61 junl bj btlf, sub,�eCt tho:rever to the following life estate$, to -wit: party of the third part, for and during L':'ut:;;.0 or L:.til she shall rar�arr,i, ;.;,waver, the said remarriage shall not terrain t t � a ::.0 liio u:tate until arttlr" tl,a youngest of said children shell attain the age of 18 ;;ears, ta;';r;inaticn of tat life estate by Ethel Lornrrell by death or rernarriage, then (': tL.a �rc,rccr for his life. j he prolNrt; }..,rti' y c,_nvayed is described as follo�.js:. All of that tru(:t yr parcel of lbud with buildings and i:r.provelnents thereon and appurtenance thereto belonging, being situate in Freaariek County, tiirginie about five (5) miles East 1`irgilria, adjoinij,g the lanes of D. L. ,roods, Landon Kackley and others, containing Ion (10) acres, more cj- luss, and 'being tLe sAma land that was conveyed to th� 7, 1949, from �Robert �I. Eagle, and nifs, of r13cc1" in thu aforesaid Cluri's O:°ice,�in nEE,,a gook 209, at page 545, not hercinabovo specifically deecribed, al,d 'r.Lich Wae not conveyed to Datsy N. Alt by that certain deo9, 'Dearing date March �,), 1:1`,2, of record � ir the aforesaid Clerk's Office in Deed bv�k Z23, at page 38. 'n,e rarttes of the second Fart join in tl,e oxocutiou of this deed solely for the purpose of aoeepting the ecnnveyarice of the property heroinabove dusoribed subject to the aforesaid easement acyuirbd in said property by Daisy N. Alt. Witre39 ttte following stgnetorfis a:ni seals: tl;-ii:rir;ni�i+::1:►il,: �r:i,r:i�H�ii efi� 1_N_I'i, T._"�s r.l..siill 1Si.A.L� $9.35 �` 1r1"fA. J. }�01F-IAND ----—(SE;Lt `ti�riMH/'.Miii-fF'.►+FtN}?!iHt;;lHNI 1:11.}jj, 1;� -:Jf':Y,IS�_�(;ib»I. f 5taLa of Vir i'Jitr, r. ;i. 6:"ni:IS iaAL county of rreder!cic, to t: I, Fr3r-sac W. tAgvf!r1ov, q ootRry Pu lio iu acid for tl,e Cuvilty of Frederick, Stote of Virginiti, berecy cert.it,v tubt ��yolliPtl 1. b'•crelaud aci r.U.-a J. t Mire i iI 1 lRr�, hte We, ana Clare E. Morris ana G. ;r. ;V:Qrr ls, Iirr Lusband, whoea r;amos are e:Enur Ito tH% £ororo+nr and annexed v,rit ing, bear•iiq date on the 12th day of Alpril, all personally appeared before me and ackliovllbdkbJ Ue aa:nd it, uy �c;:nty arms St.a*.a ul-rc} 1� sa•d. MY C•x;rnission ats Not ary c;•.:.Sc i,r.i i. os July 7, IIZ453. Givtln undor my Land, tliis 12 ]ay of April, 1J52. 1•0 a ry l u u1%r.. , M. The aLovv Flat is a Survey of the ARntOrn portion :f t.je T. b'oreland Lut:J. The said Land fraots tie s ;uthnrn hit.} -may bour,9ary lit,9 cf the Berry- v111e Pike, just east of tl,e Corporation litalts of the city of dinchestor, and lies in Slwmee District, Frederick County, Virginia: Beginning at a post in thti nurtheru boundary lino of t}:e Greenwood r ^^AA toVI�U1 $1046 ' S"T. In". COM';to OF. VA.. t • VSt tt CERTIFICATZ • CLARA E. PROFFITT, ET AL ' v:'521WEDO, �i no. 0-30"1 1-11,4M.00 • RM 44 n,a.a wn.a C[RTIFICATR THY it so awdfy taws 16.130.00 Y «dented ►y the sear ft - y sad Traawporutlam Onamalnisaw of V*Omk to be tea fair waive 0f the lead aershadw dnnipN, or Yremt th•r•Y, and dar^Mn to the "Nomaw, or sq, owwad in wMis of k port by 1liaira ■t Ito of 0. H. Morris. deceased_ and Clara IL ft2ffttt tad byre n_ Preffirt- her h..■A•.A Whkh Ow rk stall lartaq;tad TteM*Wtgtloa C WANk tame a/ Vk#ftk hall dxreeted to be info ttt O=)Mnattoa With the torottvetba, • reaaewsaaMate 639 - sate Secondary System MNd W as pnom1 063}-034-14T. C-301 , a dw•ra ow Shwera 3 6 3A 0( plru for said pro- ImM se pi wtt do Vt S%* Dopwta set of Mowt and Traa+q« tstton. TM wro wat above rq•cifl•d, or a much W`O dmeed 0 m y be dhoceed by the Covet, wd! be pdd by the State Tt cam of Vlrfila, pwwuant to the order.of .9 d' circuit Coen d Frederick Cotmtt u svidad by Tide 33.1. Chspar 1. Ardek 7 of the 1f30 Code o< vFsbsa, a aawndN. !hs had, « Yttenat there p �t 0 IN site gat Y 1 toaeaaa Il Its jreerlsl Ofatrkt of Freda r ink r}, doq, end k dstaarsted a tonowK 11►WM ON Bating as shown see Swot 3 of the plans for Mate 639, sate diluter ^i llk' hejeot 0631-036-167a C-301a and lying on both sidaa of and adj"ent to the field weBend "A" eenarlisr from the existing southssat right of way lino of present 11sma 7 at appromimate Station 13441, to the lands of Aelan R. lank at approximate .ke iacW lW& and containing 0.080 sore. tare or lass, land; together with the tti�'r tmpat wy fright and assonant to use the additional area shows as being required Sec the proper construction and sriataaanes of t2aa work Detveta Station 13+63 i •'' . aced station 14+90 on that right. eonaining 0.030 acre, more or less; said tempor"T aa/\mant will terminate at such tiara as the construction cf that aforesaid project is eoaplatetd. ' ?ARC. 007: Being as shown on Shast 3 of the plans for Iona 639, Sea dighmsy ,:k !reject 063}-034-147, C-5019 and lying on both sidas•of and adjacent to tho fiald :wised "A" centarlins from the lat:ds of Nary Patina at approximate Station 16407 to the lands of Orphe 0. Ilartin at approximate Station 15+E3 and containing 0.630 acre, nor+ or Use. lead of which 0.063 acre is includatd in the existing right of vvy and 0.547 sere, more or lass, is additional land; together with ` the temporary right and aaaawnt to use the additional area shorn as being required for the proper construction and maintenance of the work between Station 15440 : tared Station 1l+20 on the left, containing 0.070 acre, hors or Lass; said temporary easement will terminate at sock tier as the coati tion of the aforeseid project is completed; sod also, together with the permanent right and easament to use the additional area shown as being required for the proper construction and maintanstwe of an ootlat ditch Laft c. " approiimaa Station 18+40, containing 0.042 acre. more or less. Pertain 002 sad 007 coo►sia 0.nO acre. mom or lass. land of which 0.063 acre is istcladad is the srdrtf-g right of way and 0.627 acre. more err loss, is additional land. 1 191 521 rict 191 Par a swom im of dw 1-4 mr, - Awmim. W..Me& to Aeft a" st w _ W6a J. Uz it 6.d uh. &. it "* and outlined in CIM parmnest "OSININD and so,I= La ORA= tampozary &Ssemmmt "W& A— IN" it hUGO MKba 0 4 PNA of &h CW*.M "d mnpdw Andommewly bwww& in dw soft 1ii jl.q ram meaL 4 V.. "Ilk Deputy TM=w 0( Vksbk CIff hr. &MIs Fl*wvy wad TomwWwwom Caeamwiam THOMM at vkOmb Attoxmmy at Law I c . 4. 6'�0 lO p,* rS� .,:4 Jq QNiCw 4 ;7,t fn.• Nlc .+ rnr. i(. clr! Q Nu 21'� � \ cr 6 F Awl' / ws�r/wvQel �4wrst/GarRr/ (I%+C/G'//.3? y1,15 a j bYj ;, A• t� 3 D. Garr !rt°a j' ��� O �. `�c¢ e� 4b dd9�' W �' O O o O A�� w5 'GIs _ �.Jf 43 \tiny -jyjr ,ram �� �� 3 c p ,Qy �'D.S PPC �11 �•9�p�4�\r �e4 �4�\Q Via\k 1QiC)6 i4.63i8 45 O � `t d� R R 15 `� nv ereaYr.%� TJ•� a hC \�� CrI`� C• �. g � YIt BEG P . 0459.034-w?C•501 %" \ ,o Sj2'c n. 13.44 E �h �t pT qGG 5 ~~9 O > Prero �A . L i �/ b/MSA 0. �.� Y�V W C'1" s ` - r' - 15,36���:cyc - W 2JJ e ^'RF pROFF l 4 wi' o W-t �M-/___�., ] l�grf -� a'.Pss• . W b'G✓v'. ti"CRkI_ 0:ua ^ S C'i °' a 8. ��� �. �� LB 223UJ ,, sur✓. Ot - ✓rdjaA ��' �,,trr "r r a' oti.,\J1• ool , w; T� �n�� 4,2i•1G'30'u. T St`�J ti J r Z �D•o jp T,;41.1e4 �,�' ` y 4,� p ! ac ,. k `; L\ � �.2 •� � 't L •278.33' � � Fti ;, e- C1ARG E. MC�RR15 � ca ` { 'Cl ie-Bq.es v;i `ia •{`h a. fPs 2jZ,M�lta. d G `. \ a i W odd 1�� ;111 ;. �>� ['O./ � � ti �. ►,� qO � tot>•5 ` `� � oc� � L!v� � rr' n,, ;� •�7. -o • _ ., 1 �. • : Lee r6 L-�+� Q a s�e'r sc o f1 o S�M(TH r `r SKbr, / Z)AIl1TER � .�h �� 4 e�• Pi /i. `'Zoi° i ti 'b. : ` MIL.PPD m-a4.P,r, t a•. , r 2q or 00 R E r0'Gr / r - - /� s� IR ,� 7: c„ :ate Y a, d .,• .r6•[e..r,nP: s / �.- �f\ '^�{ Qryr De•t3;:. IwdaM D?.W�•�/�aa$ �� w� r2 ^o?ta.t r44 B p A�4 4 Z�''t� *k•�$WR�' ' an v� ► i `oaar.' '..�..✓`:rgp�b\'e �'�-�—`.. �/�"'�'�-`',r1 "► °�'4`5T F \° . 1 CrA ,rPa woods Via. Ia�'Y'T;r L'-•� _ _�z•.-_ _--__ a, �� ���� ��o I „' b'� l' ..` Win. �TM ��wp �R�Ga:A�,e �A D0 l '''ems r, t ; ./'T'y�. •}- _�: - .--.( !►_ i- �- - 4.PPOP YR - n I •� t yJ. ���j[�'y�" �I+T ,N � �' � o � • � l / � , , �' s %�,w,� A,/ � �..,�,,.,__��-� .-���.Y�` T✓° c°� � � 's � �o O �•i�/T'/ _. 'rw'. c :�s .: k„ v� Iry �•.� � ' �- � 'yam / � � `I rc°C� ° �pE p e \ r.� x G ro ?g� i 4Y, ?.D11910 r6,<•E,v,-J ,1+ls,lys�, I� ?�' / ;A / ��// /�tl ^ '�� V \� W \\� �"c 2DOW C FLETCHER rr G,.-i On- R" cL i7 frP lwp:�,►t 4 w►p /% o r ; f !.•t b�I ti h. `�. e` ^0 ` Lv / �v� r .n'► t. TM ti•L J Nf> RY Pt?TT•ER50N De-M. Po 447 8 � ���''' /NTy �CL�r 904CF5 N Q 9000 eq. Ft, 342 PqT G4 kdeuerd. Cp2L!� L. 5MITH 'f'nit aao aal-o�••xrr�.bir_� arnr/e DB 575 °i. IIG r Nciv. 4a cheA arms CenCTe C-d1S C4 aerolit,on of ♦ `� -•� V li h be aecw a tv=d pavement. Paa:T,orol area., of aerie"T:or. of ft "'C rxcmcr mm) -Crgt4 °aIcmer.t necesScry for =nsTr"TiOn or ae -t A cO�'''�^^ol �:w »°wo,z� ecr» re• aweclea 0M� Tce En ...eer wilt tt Pa-d as aemol,Tron 'two °'b^n^Ivionteerrne..srR cf p°ve•nt �-nW-' mil. JI!+ .. Rtq Ci. Gb.r//✓ .'1Nnap pMl. t—V p a •_ - �_ ��� T \ NR r. • HELEN R. FUNK TO: :: DEED OF COP ON * t 419 ION �Qel .. K!9 ii; 4lt) THIS DCED OF COfIR=IOR, made and entered into this 12th day of ?Urch, 1"0, by and between Helen R. Funk, wnnarried, party of the first part, and the Coax sith of Virginia, party of the second part. WHEREAS, by Deed dated January 17, 1980, of record in the Clark'a Office of the Circuit Court of Frederick County, Virginia, in Deed Book 518. at Page 646, the party of the first part did convey to the party of the second part. 0.255 acre of land, noro or lesel said conveyance being made pursuant to State Righway Project 0659-034-147, C-5011 and WHEREAS, the party of the first part failed to sign the aforesaid Deed is the apace provided for her signature( and WEREAS, it is the desire of the parties hereto that this error be corrected and that to this and, the parties hereto have entered into this Dead DL Correction. t -t- HITNLSBETII -t- tM, T1IEREFORS, for and in consideration of the sun of One Dollar (11.00) chah in hand paid by the party of the second part unto the party of the First part, the receipt of which is hereby acknowledged, the said party of the First part does hereby grant and convey to the party of the second part in Fee staple, with general warranty of title, the hereinafter described parcel of laved, lying and being situate to Stonewall Itagisterial District. in Frederick :mnty, Virntnis, and being described as folloust Doing as shown.on Sheet 3 of the plane for Route 659, State ilinhuay Project 0659-034-147. C-501. and lying on the northeast (left) side ^f the field rcvi--d "A" centerline es+d adjacent to the •e5r prnT•rry line of Clara Proffitt and the 0. V. Itorri■ Estate from the exietintt southeast right of way line of present Routs 7 opposite 111proxinate Station 13+61 to a point in the Ionds of the party of the first part at approximate Station 14+28i thence, lying on both sides of and adjacent to the field revised "A" centarlina from the lands of Clara Proffitt and the 0. H. Iforris Eatate at the last said station to the lands of Itary Patton at approximate Station 15;511 and con- taining 0.253 acre, nor* or less, land= and being all of the *a*o land acquired by the party of the first part from ttahlon 8. 14srcus and Hilda D. 4*rcus by Dead dated July 2, 1963, and recorded in Deed Book 291, at Page 53, in the office of the Clerk of the Circuit Court of said County. That for a anre particular description of the land harein conveyed, efersece is made to photo copy of said Sheet 3, showing outlined in RED the red conveyed in fee simple, which said photo copy is recorded in State i3hway Plat Dooic 7. at Page 226.•;,., k �2 � SS &bQJ r �, Y(3)A.Ol cse �J� +�-" I ZZ ( `1 O dt� c 364 described as follows: Beginning at a stake in the said boundary line, a corner to Lot - 9 and the said Other Land, running with the said highway boundary line S 86' 40' W �- 36.3 ft. to a stake corner to the western portion of Lot - 9; thence with a line of the said portion S 12' 15, W - 178.2 ft. to a stake corner in the norther line of Lot - 8; thence with the said line S 77' 45' E - 35 ft. to a stake corner to the said Lot - 8 and the said Other Land, and continuing S 77' 45' E - 60 ft., IN ALL, to a stake corner; thence N 12' 15' E - 203 ft. to a stake in the said high way boundary line; thence with the said boundary line S 71' 07' W - 29.2 ft. to the beginning; and being the identical land conveyed to the said Grantors by deed from Clara E. Morris and husband, dated January 29, 1954, and duly recorded in the Clerk1 1's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 231, at pagl¢ 124. The aforesaid conveyance is mad© subject to all the covenant , conditions and restrictions contained in the deeds of record forming the chain of title to said property. Subject to the aforegoing exceptions the Grantors do warrant) generally the property hereby conveyed. tat;t,tit;t3s�tat�t�t:rtt,t3t;tat�t+t WITNESS the following signatures and seals: REVENUE STAMPS at 1tOBERT E. YOUNG (SEA $14.85 at CANCELLED at ROSE WARNER YOUNG (SE dtit;titdt-}tititiiitit�ititititititit State of Virginia, Co. of Augusta, To -wit: I, C. H. Bickle, a Notary Public of and for the State and County aforesaid, do certify that Robert E. Young and Rose Warner Young, his wife, whose names are signed to the foregoing instrument, bearing date on the 22nd day of December, 1955, have acknowledged the same before me in my State and County aforesaid. Given under my hand this 22nd day of December, 1955. My commission expires November 13, 1957. (SEAL) VIRGINIA FREDERICK COUNTY, (SCT. C. H. BICKLE votary Public This instrument of writing was produced to me on the 31st day of December 1955 at 11:45 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. L) L) -1 o Vl t 0 n n.--- -' C IlFrederick County, Virginia: Beginning at an iron pin in the eastern highway boundary line) of the Front Royal Road, a corner to the Wilson 4.2 Acre Tract, running with the two following lines of the said Tract S 74' 16' E - 629 ft. to a stake corner; then S 9° 10' W.- 252.1 ft. to a post corner in a line of the Petrie Land; thence with the said line.S 88' 331.E - 694.5 ft. to a post corner in a line of the.Solenberger Land; thence with the said line N 10' 171 W - 767.4 ft. to a stake corner to the Profitt Land; thence with the three following lines of the said Land WEST - 833.3 ft: to an oak tree; thence S 70' 50' W,- 226.9 ft. to a small persimmon tree in the north line of the Right - of - Way leading to the Profitt Land; thence with the sai dine N 65' W - 100.8 ft. to a post in the highway boundary line; thence with the tw� following boundary lines S 70 04' W - 26.6 ft. to a highway marker; thence S 4° 20' E - 260.5 ft. to the beginning. Containing - - 15.5 Acres. Surveyed - - - Dec. 21, 1955. VIRGINIA FREDERICK COUNTY, (SCT. LEE A. EBERT Certified an Surveyor,, Comm. of Virginia # 484. This instrument of writing was produced to me on the 24th day of December 1955 at 11:45 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. _1 CLERK #1731 it WOODROW WILSON CARLISLE, ET UX if TO DEED it WINCHESTER ISAAKWALTON CLUB it #4HFWtMfififMf***#itiNt#if#it#it4f4Hf*itiMiHHf4W it THIS DEED made and dated this 22nd day of November, 1955, by and between Woodrow Wilson Carlisle and Dorothy Lee Carlisle, his wife, parties of the first part, Winchester Isaak Walton Club, a Virginia Corporation, party of the second part, H. K. Benham, Trustee, party of the third part, and the Shenandoal Valley National Bank, of Winchester, Virginia, party of the fourth part. WITNESSETH: That for and in consideration of the sum of On Dollar ($1.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, a certain lot or parcel of land containing 3.7 acres, more or less, lying and being situate about six miles Southeast of Winchester, in Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land that was conveyed to the said parties of the first part.by E. Earl Shade et ux, by deed dated January 22, 1952, of record in,the Clerk's Offi of the Circuit Court of Frederick County, Virginia, in Deed Book No. 222, page 135 n „ia+ ana Q,irvev of the within conveyed land made by Richard U. Goode, Surveyor,- l , L I" , -6— c1 st IL 1�, 1 L cl W a r c1 I - f }� � � S o 40 i b n e 6 to the said parties of the first part by Grace Lind Clanahan et vir, by deed dated April 9, 1933, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 165, page 451, and the other of which was conveyed to the said Ruth Lind Harrison by Grace Lind Clanahan et vir, by deed dated Februar 8, 1939, of record in said Clerk's Office in Deed Book No. 177, page 539. A plat and survey of the within conveyed land made by -Lee A. Ebert, Surveyor, is attached to, and by this reference incorporated in, this deed. The aforesaid grantors covenant that they have the right to Ioonvey said land to the aforesaid grantee; that the said grantee shall have quiet (possession of said land, free from all encumbrances; that they have done no act to �lencumber said land; and that they will execute such further assurances of said land) as may be requisite. Witness the following signatures and seals. RUTH LIND HARRISON (SEA ) State of Virginia CHARLES EDWARD HARRISON (SEA ) County of Clarke, to -wit: I, Mary V. Webb, a Notary Public in and for the County of Clarke, in the State of Virginia, do hereby certify that Ruth Lind Harrison and Charles Edward Harrison, her husband, whose names are signed to the foregoing writiig bearing date of December 22nd, 1955,-have personally appeared before me in my count aforesaid, and acknowledged the same. if of;�� ; ;} Given under my hand this 24th day of December, 1955. REVENUE STAMPS of My commission expires July 23, 1958. $7.70 MARY V. 1NEBB CANCELLED # ***-tHf***V-if*****qHf*# Notary u lc 3 io a n�i 0 o w N h N eS° w kD R/b all io g w S ZZg. W P R O F I T T OAK TREE W 15.5 AC R ES 140 SgfN lg'E a. e29 4. A. QND 3 0� N o� 'n N y LAND STAKE 833.3 d' S POST PETRI E LAND 1 a w 0 a W m Z I3 O N The above Plat is a Survey of the Ruth Lind Harrison Land. The said Land fronts the eastern highway boundary line of the Fropt Royal Road - U. S. # 522, about five miles south of the City of Winchester in Opequon District,) I i4 COMM0" EALTH OF VA. TO: :. :: DEED WALLACE E. SIMPS0`1, SR., ET UX + THIS DEED, We this 16th dny of June, 1982, by and between the CO}?!D'tNLALTH OF VIMINIA, atttng Dy and through the State Highway and Transportation Comissioner, Grantor, and WALLACE E. SIfTS0!1, SR. A.KD JANICE R. SLYTSCN, his wife, Grantees; WIMSSETHt T11AT WHEREAS, the hereinafter described property was acquired incidental of the construction, reconstruction, alteration, maintenance and repair of the State Highway System, and WHEREAS, accordingly, this conveyance is authorized in accordance with the provisions of Section 33.1-93 of the Code of Virginia (1950). as ssse nde d . KOw, THEREFORE,, for and in consideration of the sum of ONE THMSAIID KIKL HU} MI) FIFTY DOLLARS (y1,950.00), receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, without warranty, unto. the Grantees the hereinafter described lot or parcel of land, all of which lies in Shawnee Magisterial District of Frederick County, Tirginial saing as shown on Sheet 3 of the plans for Route 6599 State iiil;hvay Project 0659-034-147, C-501 and being the land lying in the southeast quadrant of the in- tersection of Route 659 and Route 70 from the south existing right of way line of Route 7 at a point approximately 47 test opposite approximate Station 13+72 (field revised "A" centerline Route 659) to the lands now or formerly belonging to Wallace E. Simpson, Sr., et al, at a point approximately 25 feet opposite approximate Station 15+15 (field revised "A" center- line Route 659), containing 4,537 square feet, more or less, and being a portion of the land acquired by the Grantor from Helen R. Funk by Deed of Correction dated ?larch 12, 1980 and re in Deed book "I Page 419 in the Office of the Clerk of the Circuit urt of Frederick County. For a more particular description of the land herein conveyed, reference is made to the photocopy of said Sheet 39 showing outlined in RED the said land, which photocopy is hereto attached as a part of this con- veyance and is to be recorded simultaneously herewith in the State Highway Plat Uwk. % �.t." - It is understood and agreed by and between the parties herato, that this Conveyance is subject to any right, privilege, or easement, encumbering the herein described land, whether located above, upon, or uader the surface, either presently in use or of record. UoiU//ZUUZ 11:43 FAX 410 997 3093 DALRYMPLE DEVELOPMENT i CHESTER 1] 001 YALLEYAIILL LLC 10422 GREEN MOUNTAIN CIRCLE, COLUMBIA, MD 21044 TEL- (410) 997-3071 • D C MCTRO (301) 982-1118 - Wi (410) 997-3093- E-MAIL: RLYYINvOCOMCAST.N[Y May 7, 2002 VIA FACSIMILE: 301-948-9258 Mr. Mark Havers Chester Engineers 400 Professional Drive Suite 300 Gaithersburg, MD 20879 Subject: Valley Mill Project Mark: 1-11 f / '1(XI;.: Hr:.�:. r r1:.). Enclosed is a set of paid tax receipts For Valley forwarded by Frederick County Office of Treasurer. 1 Rex �Dalryinp&le* Mill parcels 05/07/2002 11:43 FAX 410 997 3093 ` DALRYnPLE DEVELOPMENT CHESTER l7]003 :MaY . 7. 2002p 9:1 IIAhd' � " `� '` W�LQ4 • AateCL;No v3599120P� 2 L� C. WILLIAM ORNDOPIV, Register; wo/ci P.01 BOX 225 Trans. ,t 37521 Dept # RE200102 WINCHESTM Vp 22604 ACCT4 27610 2001 REAL ESTATE TAXF46 Previous .10 ACRE •54F 1 9A Balance $ 3.66 .A,cre9 t ,10 principal Being paid $ 3166 Land: 1200 Imp; 0 penalty $ 100 Interest $ 100 SIMPSON, WALLACE E., 8R, & .Amount Paid $ 3,66 *Balance Due 321.9 BLUNpELL RD as Of 5/07/2001$ .00 FALLS CHURCH, VA,, 22042 3820 Pd by SIMPSON, WtLLACE E SR ANY Sp,LANCE TRUE I?QES NOT INCLUDE P8NALT`l .AND INTO], IOST. (bUPLICATM) T A X R E C E I P T - Y E A R 2 0 0 1 Ticket 4:00290250001 Oq FRPDERICK COUNTY pate 5/07/2001 C, WILLIAM ORNDOFF, 'JR Register; wo/C0' P.O. BOX 225 Trans. #: 37521. Dept $ ; RE200101 WINCHnTER VA 226014 ACCT4 ; 27610 2001 REAL ESTATE] TAXES Prev ous ,10 ACRE 54F 1 9A Balance $ 3.66 AcreSt 10 Principal Being Paid $ 3 66 band: 1200 Imp; 0 vianalty $ 100 interest. $ .00 SIMPSON, WAITACE E,, SR, s Amount Paid $ 3.66 * Salarice Due 521.9 BLUNDELL RD as of 5/07/2001$ .00 FALLS CHURCH, V.F., 22042 3820 Pd by SIMPSON,WxIACE E SR ANY SAT,ANCE RL7E POES NOT INCLUDE PVRALTY AND INT1JM$T, ( AU PTA T CATy') ' t. J 05/07/2002 11:43 FAX 410 997 3093 DALRYbIPLE DEV�ELOPrIENT P1�aY • 1, 20024 9:18AMC 1 1 - " " • C. WILLIAM ORNDOFF, JR P.Q. BOX 225 WINCHESTER VA 22604 2001 R18A + ESTATO TAXED, 2.00 ACRES 54Y A Acres; Land: 40000 IMF: MORRIs, cLARE E & G W EST C/o CLRRA PROFVITT 3220 FORDHAM AD SW ROANOKE, VA 24014'4207 CHESTER 004 Register: 'LKH/LM Trans, #; 04022 Dept 4 : RE200102 ACCT# q 15088 Previcuo 30 Balance $ 2.00 Principal. 5e1Dg Paid $ 0 Penalty $ Interest $ ,amount Paid $ *Balance Due as of 12/26/2001$ Check 122.00 Pd by ESTATE OF CLARA, PROFFTTT ANY RAI,ANCE DUE DOES NOT INCLUDE MALTY AND INTMREST. TASK RE-CE1PT YEAR 2001 FREDERICK COUNTY C. WILLIAM ORNDOB7, JR P,O,, BOX 225 WINCHESTER VA 22604 2001 REAL ESTATE 'FAXES 2.00 ACnS Land: 40000 122.00 109.99 11.00 1.01. 122,00 12.01 if 1U 95 (DUPLICATE) Ticket 0:0022641.0002 @@ Date : 12/26/2001 Register: LKH/LM Trano, 0: 04823 Dept RE200102 AGCTO 15088 Previous 54F R 30 Balance $ Acree; 2,00 PrinoipAl Being Pais! $ Imp; 0 Penalty S I�terpst MORRIS, CLARE E & G W EST Amount Paid C/O CLARA PROFFITT *Balance Due 3220 FORDH M RD SW as 02 12/26/2001.$ ROANoKEt VA 24014 4207 Check 13-32 Pd by MORRI,S, CTARE E & G Al EST ANY BA.I,ANCE DTJ51 DOES NOT INCLUDE PENALTY AND INTEREST. T A X R E C E I P T - Y E.A R 2 0 0 1 FREDERICK COUNTY C, WILLIAM ORNDOF�JR P.O. BOX 2.25 WINCHESTER VA 22604 2001 RRAL ESTATE TAXER 2,00 ACRES 12.01 12.01 1.20 .11 13.32 .00 # FLOYD 782 (DUPLICATE) Ticket $:00226410001 Date 6/12/2001 Register; BHH/BH Trans. #: 06337 Dept $ PIE200101 ACCT# 15088 Previ Que 54F A SO Balas�ae $ Acres; 2.00 Principal Bung Paid $ Land: 40000 Imp: 0 Penalty $ Interea� $ MORRIS, CLARM N & G W EST Amount Paid $ c/o CLARA PROFTITT *Balanee Due 3220 itORDHAM RD SW as of 6/12/2001$ ROANOKE, VA 24014 4207 Check 122.00 Pd by MORRIS, cLARE7 F, & G W 'EST ANY BALANCE I= DOES NOT INCLUDE PENALTY AND INTEREST, 122.00 1,22.00 ,00 .00 122.00 .00 it lu 1010 (DUPLICATE) 05/07/2002 11;44 FAX 410 997 3093 DALRYMPL DEVELOPMENT + CHESTER 005 May. 1, 2002 9 19AM � N .1. " z L.K K L FU u 1,1Q N0.3590u<yP U'v'4 -__1 -NT* • Date 5/ „ 2001 C, WILLIAM ORNDOFF, JR Regl.eter: C0'O/CJ P,O. BOX 225 Trans. #; 37521 Dept ## RZ200102 WINCHESTER VA 22604 ACCT# s 1.5093 2001 REAL ESTATE TA,"$ Pxev�41.1;s .28 ACRE 54 1 9 Balance 4 202.21 Acresc .28 Ptincipal Being Paid $ 202,00 Land; 20500 Imp: 45800 Penalty S .00 Intezest $ .00 SIMPSON, WALLACE E SR Amount Vaid 202.00 *Balance DUO 3219 BLUNDELL RD 49 5/07/2001� ,21. FALLS CHURCH VA. 22042 3820 Pd by SIMPSON, WARLDACE E SR ANY BAI,.ti1NCE 'OUR DOES NOT XNCLUDE PENALTY AND INTBREST, (DUPLICATE) TAX RECE I P T -- YEAR FREDERICK COUNTY C. WILLI*i ORNDOFF, JR P.O, BOX 225 WINCHESTER VA, 22604 2001 REAL M$TP.TE TMZS .28 ACRE 54F 1 2 0 0 1 Ticket # 00296240002 00 Pate 1 5./10/2001 Register; tm/LM 'brans. #; 09769 Dept # RE200102 .ACCT# 15093 Previ oufl 9 Balance S .21 .28 Principal Being Paid, $ .21 Land. 20500 Imp: 45800 Penalty $ .00 Inte,rost $ 100 SIMPSON, WALLACE E Wk Amount Paid $ .21 IkBalance )Due 3219 BLUNDELL RD .as of 5/10/2001.$ .00 FALLS CHURCH VA. 22042 3820 Pd by SIMPSONo WALLACE E SR ANY BALANCE DUE DOES NOT INCLUDE $EN'ALTY AND INTEPXST, (DUPLICATE) 05/07/�002 11: 44 FAX 410_ 997 3093 n �� FNay' 1' 2002A 9:19AM C, WILLIAM ORNDOFF, JR P.O. SOX 225 WINCHESTER VA 22604 `DA\�LR�Yh[PLE DEVELOPhiENT,�,ycKe.� HES V N 0 3 5 9 S' OU'P BR 00 ate . QK Register: CLJ•O/CJ' Trans. 0: 37521 Dept RE200102 ACCT# 15093 2001 REAL ESTATE TAXES Previoue .28 ACTI 54Y 1 9 Balance $ 202.22 Acres: ,28 p�xnaipal Se1,ng Paid 202.00 Land: 20500 Imp: 45800 Penalty $ 100 Interest $ ,00 SIMPSON, WALLACE E SR Amount Paid $ 202.00 *Balance Due 3219 HLUNDELL RD as of 5/07/2001$ .22 FALLS CHURCH, VA, 22042 3820 Check 411,32 q A,VPLE 696 Pd by SIMPSON, WALLACE E SR ANY SAZANCE DUE DOES NOT INCLUDE, PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I. P T - Y E A. R 2 0 0 1 Tio3�et W0299240001 00 FREDERICK COUNTY Date 5/10/2001. C. WILLIAM ORNDO$'V, JA Regiati0fi: LMM/LM P,O, BOX 225 Trans. $: 09769 Dept ## RE200101 WINCHOOTZR VA 22604 ACCT# : 15093 2001 RIi'U ESTATE TAXES Peeve OIAM .28 ACRE 54�' 1 9 aalanoe $ ,22 Acre�t 26 Principal Being Paid $ .22 Land,. 20500 Imp: 45800 Penalty $ '00 Intexeat . 00 SIMPSON, WALLACE E SR jAmoun.t Paid a .22 *Balance Due 321.9 BLUNDELL Rn as Qf 5/10/2001. 100 FALLS CHURCH, VA. 22042 3820 Check ,43 # BOA 8945 Pd by SXMP50N, WALLACE E SR ANY BALANCE DUE DOES NOT ZNCT,UpE VZNA VY AND INTEREST. (DUPLICATE) 05/07/2002 11:44 FAX 410 997 3093 May • 1. 2002� 9:19AM J " ` DALRYbIPLE DEVELOPMENT i CHESTER 0 007 V Dated rr No 35 -/20P _ 6 C. P 1axAM OANDOFF/ Repiste.r: LBX/LM 8,0, BOX 225 TranB_ 4! d1889 Dept # RE200101 WINCHESTER VA 22604 ACGTI¢ 1.5096 2001 RRAL ESTATE TAXES Previous 49 .ACRE 54F IS1ance $ 330.01 Acres., 49 Principal. Being Paid $ 330.01 Lana; 27000 Imp. B1200 Penalty $ ,00 Interest $ .00 RUSSELL, DOUGLAS E Amount Paid $ 330,01 *Balance Due 115 n04QELL J CIR as of 6/04/2001$ .00 KINCHESTER, VA 22602 6182. Check 330,01 fl 1.0 970 Pd by ANY BALANCE DUE DOES I40T INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X A X, C E I P T - 'Y E A R 2 0 0 1 T:,oket 4:00278310002 QO YnDERICK COUNTY Date : 12/04/2001. C. WILLIAM ORNDOFT, YR Regiater: SCO/HC P.O. Box 225 Trans, #: 00641 Dept, if : RE200102 WINCHESTER VA 22604 ACCT# 15096 2001 V2At ESTATE TAXES Previous ,49.ACRE 54r 3 A Balance & 330.01 Acres: .49 Px4.ncipal Being Zaid 330.01 Land: 27000 Smp': 81200 Penalty .00 Interest Q 00 RUSSET,,,, DOUGLAS E Amount Paid $ 330.01 *Aalwiae Due 115 DOWELL J CIR as of 12/04/2001$ .00 WINCMSTER, VA 22602 6182 Check 330,01 If IU 11109 Qd by RUSSELL, DOUGLAS S ANY SALANCE DUE DOES VOT I1T0LUD9' 1zZNALTX AND xNOMST , (DUPLICATE) r 05/07/2002 11:44 FAX 410 997 3093 1 2002 F 9.19AFDUNM C, NTLLIRM omflun, OR P,O, $OX 225 WTNCHESTER VA 22604 2001 IkRU ESTATE TAXES .37 ACRE DALRYMPLE DEVELOPMENT 4 CHESTER 0 008 ., V L • l.4`No•3598"T- 7cv"u.' "` Dai._ . 1,, ,../2001. Register: BCC/BG Trane. 0; 00640 Dept # RE200102 RCGTif 1509'1 Previous 54� 3 Al Balance $ 218.07 Acres: .�7 Principal Be;.ng' Paid $ 210.07 Land; 27000 Imp: 44500 Penalty $ .00 Interest $ 100 RUSSELL, DOUGLAS E .Amount Paid $ 210.07 *Balance bue 115 DOWELL J CIR as of 12/04/2001$ .00 WINCHESTZR, VA 22602 61.82 Check 218,07 # lu 11110 Pd by RUSOML, DOUGLrA5 I ANY BAT,AN'0)7 DUE DOM 14M INCLUDE PENALTY A.Ni7 INTEREST, (DUPLICATE) TAX REC E I P T W 'YEAR MDERICK COUNTY C. WILLTAM O"DOFF, M Q.O, BOX 225 WINCHISTER VP- 22604 2001 REAL ESTATE TAXES ,37 ACRE 54F 3 Acres: 2 0 0 1 Tioket 4:00218320001 @0 hate ; 6/04/2001 Register: LBX/LM Trans. Dept # ; RE200101 ACC ff 15097 previous RZ g81a:1oa S 218,08 .37 1 . Princepal Being Paid S 218,08 Land; 27000 Imp: 4450-0 Penalty $ 100 Interest $ ,00 RUSSELL, DOUGLAS E Amount Paid $ 218,08 'Balance Due 115 DOWELL J CIR as of 6/04/2001$ .00 WINCHESTER, VA 22602 6IQ2 Cheek 216,0E 0 lU 970 Pd by ANY BALANCE DUE DOES NOT INCLUDE PrNALT'Y AND TNTXRMST, (DiJi?t,IC1iTE) J LC i� C tf COUNTY of i+REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 ME MO RANDUNVI TO: Finance Department FROM: Karen A. Cain, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: October 2, 2002 The amount of$50.00 was deposited in line item #3-010-0191 10-0008 forthe business named below as a deposit for a sign for Rezoning Application #06-02, Dalrymple. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/kac c0� �. Valley Mill, LLC. 10422 Greeen Mt. Circle Columbia, MD 21044 107 North Kent Street e Winchester, Virginia 22601-5000 f,�11_3E0 V W COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 13, 2002 Mr. Jay D. Cook, III Assistant Commonwealth's Attorney Frederick County Administration Building 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Dear Mr. Cook: Enclosed please find an amended Statement of Proffers regarding Rezoning Application #06-02 of Valley Mill, LLC. Mr. Stephen Pettler, Jr., of Harrison & Johnston, has asked that you please review this proffer statement and comment to the Planning Department prior to his formal comment request. Thank you for your attention to this matter. Sincerely, Abbe Kennedy Senior Planner AK/rsa Attachment U:\Abbe\Gen. Correspondance\County Atty OQice.NNTd 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 25, 2002 Mr. Stephen L. Pettler, Jr. Harrison & Johnston, Attorneys at Law P.O. Box 809 Winchester, VA 22601 RE: Valley Mill, LLC - Rezoning Application No. 06-02 Dear Stephen: We are in receipt of your letter requesting the withdrawal of your client's rezoning request. The Valley Mill, LLC rezoning request, Number 06-02, will be withdrawn for consideration by the Frederick County Board of Supervisors, Sincerely, Abbe S. Kennedy Senior Planner ASK/rsa U:\Abbe\Gen. Correspondance0alrymple receipt.Nvpd 107 North Kent Street • Winchester, Virginia 22601-5000 BURR P. HARRISON 190A-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER IAN It. D. WILLIAMS CHARLES S. MCCANDLISH 19A8-2001 BRUCE E. DOWNING TRAVIS JOSEPH TISINGER STEPHEN L. PETTLER, JR. BEAU BASSLER *1-IARRISON 8 JOHNSTON ATTORNEYS AT LAW POSE OI('ICI. BOX 1109 WINCHES-J-ER, VIRGINIA 22604 September 19, 2002 Mr. Eric Lawrence, Director Frederick County Planning Commission County of Frederick Department of Planning & Development 107 North Kent Street Winchester, VA 22601 R-E: Valley Mill, LLC Application for Rezoning Number 06-02 Dear Mr. Lawrence: STREET ADDRESS : 21 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 5,10-667-1312 Upon the direction of my client, Valley Mill, LLC, please withdraw the above referenced application from consideration of the Frederick County Board of Supervisors. Please send confirmation of your receipt of this correspondence, in writing, at your earliest convenience. Thank you for your courtesy and attention to this matter. With best regards, I am V SLP/jdw cc: Mr. Rex Dalrymple, Valley Mill, LLC RECEIVE® S E P 2 3 2002 DEPT, OF PLANNING/DEVELOPMENT :Re -zoning Application 1/06-02, Valley Mill, LLC Subject: Re -zoning Ar,i lication #06-02, Valley Mill, LLC Date: Tue, 17 Sep 2002 12:13:10 -0400 Prom: "Stephen L. Pettler, Jr." <pettler@liarrison johnston.com> To: <akennedy@co.frcderick.va.us> CC: "Rex Dalrymple" <rltyinv@comcast. net>, <Sterenbergh@usfilter.com> Per your request, this e-mail should confirm that the applicant wishes to further consider its options regarding its application at this time and requests the County hold its application until further direction is given. Thank you for your attention and courtesy in this matter. Stephen L. Pettler, Jr. HARRISON & JOHNSTON 21 South Loudoun Street Winchester, Virginia 22601 Tel. 540/667-1266 Fax 540/545-8582 Privacy Statement: This message and attachments are confidential and are intended only for the addressee(s). This message may contain information that is protected by one or more legally recognized privileges. If the reader of this message is not the intended recipient or an authorized representative of the intended recipient, it is not intended that any legal privilege or the confidentiality of the messages and attachments are waived, and the same are hereby not waived. If you receive this communication in error, please notify the sender immediately by return e-mail and delete this message from your computer and network without reading or saving them in any manner. The unauthorized use dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Thank you. I of 1 9/17/2002 1 HS ANI • I August 21, 2002 COUNTY of FRUDURICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 N �'rIrIC.401 JI I Ur PU3 LlC HEEARIPV.3 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #06-02 OF REX DALRYMPLE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 4, 2002, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #06-02 of Rex Dalrymple, submitted by Valley Mill, L.L.C., to rezone 3.18 acres from RP (Residential Performance) to B2 (Business General) District. This property is located along Valley Mill Road (Route 639) at Berryville Pike (Route 7) and is identified with Property Identification Numbers 5417-1-9, 54F-1-9A, 54F-A-30, 5417-3-A and 54F-3-Al in the Red Bud Magisterial District. 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 the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Abbe S. Kenned Senior Planner ASK/ch 0 �Agcndmv\djoincr Urs\Z002\Rczonings\Rcd Bud Run.wjxi 107 North Kent Street • Winchester, Virginia 22601-5000 .I This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 54F - A- - 30- MORRIS, CLARE E & G W ESTATE 54 - A- - 114- CIO DEBORAH MITCHELL, EXECUTOR FREDERICK COUNTY-CLARKE COUNTY 3220 FORDHAM RD SW ROANOKE, VA 24014.4207 PO BOX 3508 WINCHESTER, VA 22604.2546 54 - A- - 112-C 220 SEAFOOD RESTAURANT, L L C 238 HANGING TREE RD WINCHESTER, VA 22603.3401 54- A- - 111- GARRISON, NORMAN W CIO BARBARA GANSE 238 HANGING TREE RD WINCHESTER, VA 22603 54 - A- - 112-E GANSE, CATHY G & DONALD GEORGE 177 VALLEY MILL RD WINCHESTER, VA 22602.6252 54 - A- - 99-E DEVELOPMENT COMPANY OF AMERICA PO BOX 520 WESTMINSTER, MD 21158.0520 54F - 1- - 9- '. 91' SIMPSON, WALLACE E SR 3219 BLUNDELL RD FALLS CHURCH, VA. 22042-3820 54F - 3- - A- RUSSELL, DOUGLAS E 115 DOWELL J CIR WINCHESTER, VA 22602.6182 54F - 1- - 3- ' , L' > e OVERSTREET, RONALD 0 & DEBORAH M 319 PINE RD STEPHENSON, VA 22656.2216 54F - 1- - 6- GARRETT, BETTY D 147 DOWELL J CIR WINCHESTER, VA 22602.6182 54F - A- - 30-A STATE HIGHWAY AND PO BOX 2249 STAUNTON, VA. 24402.2249 Abbe S. Kennedy, Se for Planner Frederick County Planning Dept. STA'FE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Abbe S. Kennedy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated c_ I �'�, , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this IZ day of Z(, �! ( ZZo My commission expires on )Z a6; :a Z 54F - 1- - 7-C,V\J5 OVERSTREET, RONALD 0 & DEBORAH M Z 319 PINE RD �q. ARY PUBLIC STEPHENSON,VA 22656.2216 r • . Y -F 54F - 1- - 8- SHOEMAKER, WILLIE & ANGELA 101 MEADOWBROOKE PL WINCHESTER, VA 22602.6530 Valley Mill LLC Dalrymple Dev. & Investment, Inc. 10422 Green Mt. Circle Columbia, MD 21044 • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 II OTIFICMICA 1 OF PUBLIC HEARING June 6, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #06-02 OF REX DALRYMPLE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 19, 2002, at 7:00 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #06-02 of Rex Dalrymple, submitted by Valley Mill, L.L.C., to rezone 3.18 acres from RP (Residential Performance) to B2 (Business General) District. This property is located along Valley Mill Road (Route 639) at Berryville Pike (Route 7) and is identified with Property Identification Numbers 54F-1-9, 54F-1-9A, 54F-A-30, 5417-3-A and 54F-3-Al in the Red Bud Magisterial District. 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 the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, 41j—`9� Abbe S. Kennedy Senior Planner ASK/ch O \Agcndas\Adjoincr Ltrs\2002\Rczonings\Rcd Bud Run.e'pd 107 North Kent Street • Winchester, Virginia 22601-5000 This is to rtify that the attached correspondence was mailed to the following on 9- C- D ?,�_ from the Department of Planning and Development, Frederick County, Virginia: 54 A 114 FREDERICK COUNTY CLARKE COUNTY PO BOX 3508 WINCHESTER, VA 22604 2546 54 A 112 C 220 SEAFOOD RESTAURANT, L L C 238 HANGING TREE RD WINCHESTER, VA 22603 3401 54 -A 111 GARRISON, NORMAN W CIO BARBARA GANSE 238 HANGING TREE RD WINCHESTER,VA 22603 54 A 112 E GANSE, CATHY G & DONALD GEORGE 177 VALLEY MILL RD WINCHESTER, VA 22602 6252 54 A 99 E DEVELOPMENT COMPANY OF AMERICA PO BOX 520 WESTMINSTER, MD 21158 0520 54F 1 9 ? qA SIMPSON, WALLACE E SR 3219 BLUNDELL RD FALLS CHURCH, VA. 22042 3820 54F A 30 MORRIS, CLARE E & G W ESTATE CIO DEBORAH MITCHELL, EXECUTOR 3220 FORDHAM RD SW ROANOKE,VA 240144207 54F 3 A RUSSELL, DOUGLAS E 115 DOWELL J CIR WINCHESTER, VA 226026182 54F 1 3. ' " r' OVERSTREET, RONALD 0 & DEBORAH M 319 PINE RD STEPHENSON,VA 226562216 Abbe S. Kennedy, enior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, P, n r- ��G } ; , a Notary Public in and for the State and County aforesaid, do hereby certify that Abbe S. Kennedy, Senior Planner_ for the Department of Planning and Development, whose name is signed to the foregoing, dated , y In P , 10 a , has personally appeared before me and acknowledged the same in my State and Co ty aforesaid. Given under my hand this Loffj day of �l n , c� a My commission expires on [ j)ajo-1 Z ,1 a �n- . ��n--� Valley Mill LLC Dalrymple Dev. & Investment, Inc 10422 Green Mt. Circle Columbia, MD 21044 v I OTARY PUBLIC 54F - 1- - 6- GARRETT, BETTY D • • 147 DOWELL J CIR WINCHESTER, VA 22602.6182 54F - 1- - 2- MARSH, KIRK E & JEANETTE C 135 DOWELL J CIR WINCHESTER, VA 22602-6182 54F - A- 30-A STATE HIGHWAY AND PO BOX 2249 STAUNTON, VA. 24402-2249 54F - 1- - 8- SHOEMAKER, WILLIE & ANGELA 101 MEADOWBROOKE PL WINCHESTER, VA 22602-6530 54F - 1- - 7- OVERSTREET, RONALD 0 & DEBORAH M 319 PINE RD STEPHENSON,VA 22656-2216 54F - 1- - 5- OVERSTREET, RONALD 0 & DEBORAH M 319 PINE RD STEPHENSON,VA 22656.2216 TO: Barbara in Data Processing O FROM: Carol Huff - Planning Department Please print sets of labels by: C' THANK YOUII LIST OF P O�'Y OWNERS FOR REZO CAPPLICATION P/lu Virginia Dept. of Transportation 54F-A-30A* Mary Patton Lonas 54F-1-8 and 54F-A-29A 153 Dowell J Circle Winchester, Va 22602 Ronald D. Overstreet and Deborah M. 54F-1-7 and 54F-1-5 319 Pine Road Stephenson, VA 22656 County School Board of Clarke Co. 54-A- n� County School Board of Frederick Co. P. O. Box 3508 Winchester, Va 22604 This parcel is the Dowel J. Howard Vocational School jointly owned by the two counties. 220 Seafood Restaurant, L. C. 1514 Berryville Pike Winchester, Va 22602 Norman V. Garrison 1516 Berryville Pike Winchester, VA 22602 Donald G. Ganse and Cathy G. 177 Valley Mill Road Winchester, Va 22602 Development Co. of America P. O. Box 520 Westminster, Md 21158 54-A-112C 54-A-111, 112, 112A, 113 54-A-112E, and t 54-A-112D I cam" S 54-A-99)eE * This strip of land is shown on the Frederick Co. Tax Map and listed on the land book with a reference to a highway plat in Highway Plat Book 7, page 235, but I can find no justification in the deed records or on the referenced plat to support the existence of this parcel. The Morris family owns everything between Valley Mill Road on the south and the right of way line of Rt 716(wherever that is) on the north, and between Simpson on the west and Russell on the east. The tax map also shows an additional parcel of land lying between the Simpson parcel and the Morris land, but there is no evidence in the record to support this either. When I asked the Co. assessment people about these strips, they were unable to say why or when these strips were added to the tax map. I think your field survey will support my findings. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 5LI f ) 1 OWNERS OF THE PROPERTIES TO BE REZONED: 1. The G. W. Morns Prop= Clara E. Proffitt, being the same person as Clara E 3230 Elm View Road, Apt. 337 Roanoke, Va 24014 Ms. Proffitt's care giver - Ms. Debbie Mitchell 4214 Brambleton Avenue Roanoke, Va 24018 L. Pauline Keefauver 1290 Broad Street West, Apt L 18 Lehigh Acres, Florida 33936 Rupert B. Morris 456 Spruce Drive Warrenton, MO 63383 Robert E. Heckman 110 Garfield Street Waynesboro, PA 17268 Douglas A. Heckman 1419 Apt B Winterpark Circle Baltimore, Md 21221 2. The Douglas E. Russell Proper___yt : Morris Proffitt, 54 F-3-A I Sandra DeLaet Hawthorne Road Charlestown, WV 25414 Michael Wesley Morris Audrey M. Moms, 11601 Lockwood Drive, Apt T4 Silver Spring, MD 20904 Verona Morris Crim Route 2 Box 196B Martinsburg, WV 25414 Douglas E. Russell, Jr. and Betty Jean Russell. 244 Parkway St. Winchester, VA 22601 3. The Simpson Property: Wallace E. Simpson, Sr. 3219 Blundell Road Falls Church, VA 22042 and Janice R. Simpson 00 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 13, 2002 Mr. Jay D. Cook, III Assistant Commonwealth's Attorney Frederick County Administration Building 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Dear Mr. Cook: Enclosed please find an amended Statement of Proffers regarding Rezoning Application #06-02 of Valley Mill, LLC. Mr. Stephen Pettler, Jr., of Harrison & Johnston, has asked that you please review this proffer statement and comment to the Planning Department prior to his formal comment request. Thank you for your attention to this matter. Sincerely, Abbe Kennedy Senior Planner AK/rsa Attachment UA\Abbe\Gen. Cocrespondance\County Atty O[lice.\�jxl 107 North Kent Street • Winchester, Virginia 22601-5000 COMMONWEALTH ®f VIRGINIA CHARLES D. NOTTINGHAM COMMISSIONER Mr. Mark Havers, Project Engineer Chester Engineers 400 Professional Drive, Suite 380 Gaithersburg, MD 20879 DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE EDINBURG. VA 22824 October 3, 2001 Ref: Rezoning Application Parcels 54F-1-9; 54F-1-9A; 54F-A-30; 54F-3-A and 54F-3-Al Route 7, Berryville Pike at Route 659, Valley Mill Road Frederick County Dear Mr. Havers: JERRY A. COPP RESIDENT ENGINEER TELE(540)984.5600 FAX(540)984-5607 Due to incomplete background data for the referenced project, VDOT is unable to complete a review of the rezoning application. Your office should provide a more complete Traffic Analysis. An outline "Guidelines for a Traffic Impact Study" excerpted from the VDOT Land Development Manual — Volume 1, dated December 1, 1995 is attached for your use in developing an analysis. Reference is also made to Pages 4, 5 and 6 of the Frederick County Rezoning Application Package which outlines traffic analysis in a general way under Impact Analysis Statement Item C "Traffic" (copy attached). We also call to your attention the matter of petitioning for abandonment of VDOT Route 716. Consideration should include abandonment of the entire section of Route 716 along the northern boundary of the referenced rezoning parcels from the private entrance serving the 220 Seafood property to the intersection of Route 659, Valley Mill Road. Please provide this additional information to this office for VDOT review. We will continue to review other aspects of this site plan to the extent possible to expedite the overall review. If there are any questions, please call me at (540) 984-5631. Sin(ans. , fBarry J. Sweitzer, Toadway En eer For: Steven A. Melniko,nsportation ngineer BJS/rf Attachments xc: Mr. Dave Heironimus Mr. Evan Wyatt WE KEEP VIRGINIA MOWN ' -- RECEIVED RECEIVED OCT 0 4 2001 TOT OF PLANNINGIDEVELOPMFW BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON 1-1. K. BENHAM III BILLY L TISINGER IAN R. D. WILLIAMS CHARLES S. MCCANDLISH 1948-2001 BRUCE E. DOWNING TRAVIS IOSEPH TISINGER STEPHEN L. PETTLER, 1R. BEAU BASSLER VIA HAND -DELIVERY • 0 HARRISON 8 JOHNSTON ATTORNEYS AT LAW 110 51 01 IIC I. 90X 809 WINCHESTER, VIRGINIA 22604 August 9, 2002 Eric Lawrence, Director County of Frederick Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 RE: Rezoning Application Number 06-02 Dalrymple Dear Mr. Lawrence: STIt17F:T ADDRESS : 21 S. LOUDOUN STREET WINCI IES-I ER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667 1266 FAX NO. 540 667-1312 Enclosed please find a signed Amended and Rc-Stated Statement of Proffers regarding rezoning Application No. 06-02 of Valley Mill, LLC. Please submit this to Mr. Ambrogi's office and the Planning Commissioners for consideration before the public hearing of this request on September 4, 2002. Thank you for your courtesy and attention to this matter. With kind regards, I am c SLP/prc Enclosure cc: Mr. Rex Dalrymple, Valley Mill, LLC (w/enc.) "SIG 0 ) 2002 DEPT, OF PLANNING/DEVELOPMENT COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 14, 2002 Mr. Mark Havers, P.E. Chester Engineers 400 Professional Drive, Suite 380 Gaithersburg, Maryland 20879 RE: Dalrymple Rezoning Dear Mr. Havers: I am in receipt of your rezoning application submittal for the Dalrymple site, received in this office May 9, 2002. In order to complete this application submittal, three additional items will be necessary: 1. More recent verification of taxes paid. You had provided tax receipts dated from June 2001; I will need updated receipts dated more recent than December 2001. 2. A revised "Rezoning Area Map" NNith a statement regarding the existing and proposed zoning district. 3. 42 copies of all documents over 8 %2 by 11 inches. As presented in the application submittal, this would include the "Rezoning Concept Plan," the "Rezoning Conceptual Landscape Plan," and the "Rezoning Area Map." I will tentatively place this rezoning request on the Plamning Commission's June 19, 2002. In order to formalize placement on the June 19`h agenda, the above information will need to be received in this office by May 24, 2002. contact me with any questions. Y, Ejic 81 Lawr Iiu, AICP Interim Planning Director ERL/rsa cc: Rex Dalrymple, Valley Mill LLC, 10422 Green Mountain Circle, Columbia, MD 21044 Sam Shumate, Harrison and John n U:\Eric\Conunon\Rczonin ;s\2002\dulrymple. %Npd 107 North Kent Street • Winchester, Virginia 22601-5000 CHESTA p ENGINEERS May 8, 2002 Ref. No. 5456-03 Mr. Eric Lawrence, Deputy Director County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Dalrymple Rezoning Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A and 54F-3-Al Dear Mr. Lawrence: MAY 0 ,) 4002, j)EPT. OF PUNNING; 0EVELOPMEN f fSI po On behalf of our client, Valley Mill L.L.C., we are submitting the rezoning application for the above referenced parcels located at the southeast corner of the intersection of Route 7 and Valley Mill Road. Enclosed is the following information: • Planning Department preliminary review comments and response letter • Rezoning application • Property owners list • Tax receipts • Property owners listed by parcels and deeds • Impact statement • Vicinity reap • Authorization letter from the property owners • Rezoning comments • Capital Facilities Impact Model • Five copies of the conceptual site and landscaping plan • Five copies of the rezoning area map • $711.30 fee check REG MAY 1 i 200'l , Rezoning comment sheets were sent to the Historic Resources Advisory Board and the Greenwood Vol. Fire Company late last year. We have not received responses from then'. Per OUI' conversation, you will obtain the comments from the Historic Resources Advisory Board. Please forward a copy of the comments to us for our records. We have contacted both the Fire Marshall and Greenwood Vol. lire Company in order to obtain the fire company's comments, but have not gotten a response from tllelll. We will C01161111C to pUl'SUC their comments, and a soon as they are received, we will forward thClll to YOU. (The comments may already be 400 Professional Drive, Suite 380 Gaithersburg, Maryland 20879 301-840-1030; Fax 301-948-9258 Mr. Eric Lawrence, Deputy Director • May 8, 2002 Page 2 included with the application). Please Mow the 11)1)IiCltlOn to pl'OCCCd pending the fire company's comments. The attached concept plans are provided to depict a generalized layout of the property, and are not intended to represent a final design and/or layout for the site. Once the rezoning has been approved, site plans will be submitted to the County for review and approval It is our understanding that the application will be schedUlCd for the .June 5"' hearing. Please advise us when we will need to pick-up and post the signs for the hearing. Should you have any question please feel free to contact us at 301-840-1030. Sinecrel , Mark Havers, P.E. Project Engineer Enclosures MAI-I:kap Cc: Rex Dalrymple (w/attachments) Bob Fitzgerald / 7-Eleven (w/attachments) CHEST ENGINEERS May 8, 2002 Ref. No. 5456-03 Mr. Eric R. Lawrence, Deputy Director County of Frederick Department of Planning and Development 107 North Kent St. Winchester, VA 22601-5000 Re: Dalrymple Rezoning Parcels 54F-1-9; 54F-1-9A; 54F-A-30; 54F-3-A; and 5417-3-A1 Preliminary Review Dear Mr. Lawrence: The following are our responses to your comments regarding the above referenced property. Comment 1: Completed Application Form. County maps are showing that eight parcels comprise the subject site. Please review your materials and provide documentation that PINS 5417-1-7 (0.046 acres); 54F-A-31 (0.119 acres); and 54F- A-30A (0.045 acres) are not within the proposed boundaries [map attached]. This may be accomplished wile" you provide the necessary deeds, plats, and proposed zoning district boundaries. Response: The rezoning is for the parcels indicated on the attached rezoning area map. The deeds for these parcels are included with the rezoning application. Comment 2: Stirvey of Parcels. A survey of each of the Subject parcels and delineation of the requested zoning district boundary. Response: A rezoning area Mal) is included with the application. Comment 3: Property Deeds showing ownership for each of the parcels. Response: The deeds for the parcels to be rezoned are included with the application. 400 Professional Drive, Suite 380 Gaithersburg, Maryland 20879 301-840.1030; Fax 301-948-9258 Mr. Eric R. Lawrence, Deputy Director • May 8, 2002 Page 2 Comment 4: Updated Tax Records confirming that property taxes for each parcel have been paid through the May 2001 tax period. Response: Tax receipts for the parcels are included with the application. Comment 5: Impact Analysis Statement. Please title the statement to identify the subject parcels. A. Suitability. You have provided the soil -types, but have not addressed whether the soils are appropriate for development. Response: We have added a statement to the impact analysis regarding the suitability of the soils for development. A gcotechnical investigation will be conducted during the site plan process. The recommendations of this mvcstigation will be applied to the site and building plans. B. Su -rounding Properties. You discuss that the proposed buildings would be oriented away from the surrounding properties, outdoor lighting will be managed, and screened trash receptacles will be placed around the site. These issues would be more appropriately included in a proffer statement. Response: We are not proposing any proffers with the rezoning application. C. Traffic. The traffic analysis should provide the existing conditions, projected traffic generated by the rezoning proposal, and impact mitigation efforts for roads affected by the rezoning. Review the "Rezoning Application Pacicage" to identify the required Information. Response: The traffic analysis has been updated to include the existing and projected traffic generated by the proposed development. With the site plan, we will be adding: a turning lane across the entire frontage of the property adjacent to Rt. 7, realigning Rt. 716, and relocating the existing intersection of Rt. 716 and Valley Mill Rd. These improvements should offset the impacts of the proposed clevelopnicnt on the surrounding roadways. D. lf,citer Supply. You indicate that existing wells would be utilized for irrigation. It would be appropriate to include a similar statement in a proffer statement providing for the irrigation of landscaped areas throughout the site. Response: We are not proposing any proffers with the rezoning application. Mr. Eric R. Lawrence, Deputy Director • May S, 2002 Page 3 E. Solid Wave Disposal Facilities. You state that a recycling program win be implemented. It would be appropriate to include such a statement in a proffer. Response: We are not proposing any proffers with the rezoning application. Comment 6: Vicinity Mai). The map provided in your package indicates the wrong site. The subject site is located southeast of Valley Mill Road and Berryville Pike. Additionally, 'Sonsony Road' is actually "Scnseny Road; "Green Street" does not exist at that location. Response: The vicinity map has been revised. Comment 7: Authorized Signatures. The application and any proffer- statements must be signed by authorized parties. Response: The application has been signed. Comment S. "Rezoning Site Plan." This site plan does not appear to reflect VDOT and County comments regarding the entrance on Berryville Pike. Nor does the plan appear to reflect the various comments voiced during a Technical Review Committee meeting a few months ago. The plan should also note that it is conceptual in nature. If it is your intention to adhere to this Conceptual site layout, it would be appropriate to include it in a proffer statement. The site plan will be formally reviewed for conformance to the Zoning Ordinance and review agency comments during the site plan review process, following the rezoning process. Response: The "Rezoning Concept Plan" is provided to depict a generalized layout for the proposed area to be rezoned and is not intended to be a final design and/or layout. The plan has been modified to address the concerns of VDOT and the County. It is understood that a formal site plan will be submitted to the County for review and approval. Comment 9. "Rezoning Landscape Plan." This landscape plan should be conceptual in nature and included in a proffer statement, if it is your intention to adhere to its conceptual layout. The landscape plan will be formally reviewed during the site plan review process. Response: The "Rezoning Conceptual Landscape Plan" is provided to depict a generalized layout for the proposed area to be rezoned and is not intended to be a final design and/or layout. It is understood that a formal site plan will be submitted to the County for review and approval. Mr. Eric R. Lawrence, Deputy Direr • May 8, 2002 Page 4 Comment 10. Staff Comments: A. The site is located adjacent to a gateway entrance to Frederick County. It would be encouraged that additional landscaping systems be implemented. Response: We are proposing a landscape feature near the intersection of Valley Mill Rd. and Rt. 7 that will incorporate an ornamental wall, annuals and massing Of Shrubs to provide an attractive presence at the intersection. B. Adjoining residential uses. It is encouraged that increased setbacks and landscape buffering be lmplcmentcd to minimize Impacts Of the commercial use on the adjoining residential uses. Response: We are proposing to mass evergreen plantings and provide a 6' high fence along the property line adjacent to the residential properties. C. Proposed Road Abandonment. Establish a tlmeframc In which the road abandonment would be sought. Additionally, establish an access easement to enable Vehicular traffic to safely travel from 220 Seafood to Valley Mill Road, in lieu of the Route 716. This easement should not be impacted by proposed parking lot traffic flow on the subject site. Response: Rt. 716 will no longer be abandoned. The roadway is proposed to be realigned to eliminate the existing intersection near Rt. 7 and will parallel Valley Mill Rd. to the proposed entrance to the site on Valley Mill Rd. D. The Capital Facilities Impact Model indicates a negative Impact on fire and rescue services. What efforts are proposed to mitigate this impact? Provide a copy of the output from the model with your formal rezoning application submission. Response: A copy of the Capital Facilities Impact model is included with the application. E. Is there a maximum building square footage proposed for the site? Response: The "Rezoning Concept Plan" is provided to depict a generalized layout for the proposed area to be rezoned and is not intended to be a final design and/or layout. The site layout may be altered during the site plan process, but will comply with the requirements of the Frederick County Zoning Ordinance. F. The Use of freestanding monument signs of 10 feet In height, and 100 square feet III display area, are encouraged. Signs proposed for placement along Valley Mill Road should be smaller is size, based on their proximity to residential uses. Mr. Eric R. Lawrence, Deputy Director May S, 2002 Page 5 Response: This is understood. The signagc for the site will comply with the Frederick County Zoning Ordinance. G. Valley Mill Road provides access to residential uses. Landscape screening should be considered along this roadway, minimizing the commercial use impact oil the residential area. Response: We are proposing to place a mix of shade trees and Shrubs t0 bUffer the Site fl-0111 Valley Mill Road and the adjacent residential areas. With the proposed realignment of Route 716, the landscape area between the proposed development and Valley Mill has been decreased, although an additional 50' of right-of-way will separate the site from Valley Mill Rd. Comment 11: Review Agency Comments. The following agencies Should provide coFilnlentS regarding this rezoning application: CO1111ty Attorney reviews pi -offer statement), Historic Resources, Advisory Board, Virginia Department of Transportation, Public Works Department, Fire Marshall, Sanitation Authority, Health Department, City of Winchester, and Greenwood Vol. Fire Company. Response: The comment sheets were sent to the various agencies late last year. We have not received a response from the Historic Resources Advisory Board, and the Greenwood Vol. Fire Company. Per Our conservation on Wednesday, I Understand that you will obtain the comments from the Historic Resources Advisory Board. We have contacted the Greenwood Vol. Fire Co. and the Fire Marshall to get their comments, but have not received them. As soon as we receive the comments, they will be forwarded to you. Please feel free to contact File if you have any questions. Sincerely, /W/, - Mark Havers, P.E. Project Engineer MAH:kap CHES?ER ' ENGINEERS October 2, 2001 Project No. 5456-03 Mr. Eric Lawrence County of'Frederick Department of'Planning & Development 107 North Kent St. Winchester, VA 22601 Re: Rezoning Application, Intersection of'Rt. 7 and Valley Mill Road, Parccls54F-1-9, 54F-1-9A, 54F-A-30, 541--3-A & 5417-3-A1 Dear Mr. Lawrence: Enclosed for your review and comment is the rezoning application Ior a 3.18 acre site located at the southeastern corner of Rt. 7 and Valley Mill Road, Rt. 659. Currently, the project site is three (3) parcels, Parcels 54F-1-9, 54F-1-9A, 54F-A-30, 54F-3-A & 5417-3-A l , all of which are zoned RP, Residential Performance District. ' his application is to regllCSt a rezoning of the SubjCCt parcels to the 13-2, I3usiness General District. Each of the three parcels contains residential homes, which are served by a combiilation of public and private water and sewer service. The proposed development is anticipated to consist of a convenience store with gasoline sales and possibly a fast food restaurant. The proposed development will be served by public water and sewer and will attempt to use the existing on -site wells for irrigation of'the landscaping. As part of the proposed development, it is being requested that a portion of the existing frontage road, Rt. 716 be discontinued which is anticipated to Improve the Rt. 7-Rt. 716 intersection traffic conditions. Entrances to the site are proposed to be provided by a full service entrance oft of Valley Mill Rd. and a Right in/Right out entrance on Rt. 7. Ingress/Egress to westbound Rt. 7 from the existing adjacent iestalli"alit will be maintained via the portion of Rt. 716 to remain and the proposed Public Use Ingress/Egress Eascillent across the property to the proposed entrance oil Valley Mill Road. Attached for your review are the following: • Impact Analysis Statement • Vicinity Mal) • Rezoning Application • Full and I-Ialfsize Rezoning Site and Landscape Plans • Owners Authorization, giving Mr. Dalrymple the authority to exccutC CiOCllnicnts and applications regarding the development of the subject properties Should you have any questions, please feel free to contact isle, 301-840-1030. Sincercl /W///11- Mark Havers Project Engineer Cc: Rex Dalrymple RECEIVED OCT 0 3 Z001 7lEPT, OF PLAN NINGIDEVELOPMENT 400 Professional Drive, Suite 380 Gaithersburg, Maryland 20879 301-840.1030; Fax 301-948-9258 ar � 1 'lam • October 31, 2001 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 CHESTED C't)G' W ERS Mark Havers, Project Engineer NOV Chester Engineers `�Q� 400 Professional Drive, Suite 380 REF Gaithersburg, MD 20879' �O° RE: Dalrymple Rezoning Parcels 54F-1-9; 54F-1-9A; 54F-A-30; 54F-3-A; and 54F-3-Al Preliminary Review Dear Mr. Havers: I have had an opportunity to conduct a preliminary review of the materials submitted to this office regarding the proposed Dalrymple rezoning. I would offer the following comments for your consideration. Please provide: 1. Completed Application Form. County maps are showing that eight parcels comprise the subject site. Please review your materials and provide documentation that PINs 54F-1-7 (0.046 acres); 54F-A-31 (0.119 acres); and 54F-A-30A (0.045 acres) are not within the proposed boundaries [map attached]. This may be accomplished when you provide the necessary deeds, plats, and proposed zoning district boundaries. 2. Survey of Parcels. A survey of each of the subject parcels and delineation of the requested zoning district boundary. 3. Property Deeds showing ownership for each of the parcels. 4. Updated Tax Records confirming that property taxes for each parcel have been paid through the May 2001 tax period. 5. Impact Analysis Statement. Please title the statement to identify the subject parcels. A. Suitability. You have provided the soil -types, but have not addressed whether the soils are appropriate for development. 107 North Kent Street • Winchester, Virginia 22601-5000 [ PM • Page 2 Mark Havers, Project Engineer, Chester Engineers Re: Dalrymple Rezoning October 31, 2001 B. Surrounding Properties. You discuss that the proposed buildings would be oriented away from the surrounding properties, outdoor lighting will be managed, and screened trash receptacles will be placed around the site. These issues would be more appropriately included in a proffer statement. C. Traffic. The traffic analysis should provide the existing conditions, projected traffic generated by the rezoning proposal, and impact mitigation efforts for roads affected by the rezoning. Review the "Rezoning Application Package" to identify the required information. D. Water Supply. You indicate that existing wells would be utilized for irrigation. It would be appropriate to include a similar statement in a proffer statement providing for the irrigation of landscaped areas throughout the site. E. Solid Waste Disposal Facilities. You state that a recycling program will be • implemented. It would be appropriate to include such a statement in a proffer, 6. Vicinity Map. The map provided in your package indicates the wrong site. The subject site is located southeast of Valley Mill Road and Berryville Pike. Additionally, `Sonsony Road' is actually "Senseny Road; "Green Street" does not exist at that location. 7. Authorized Signatures. The application and any proffer statements must be signed by authorized parties. 8. "Rezoning Site Plan." This site plan does not appear to reflect VDOT and County comments regarding the entrance on Berryville Pike. Nor does the plan appear to reflect the various comments voiced during a Technical Review Committee meeting a few months ago. The plan should also note that it is conceptual in nature. If it is your intention to adhere to this conceptual site layout, it would be appropriate to include it in a proffer statement. The site plan will be formally reviewed for conformance to the Zoning Ordinance and review agency comments during the site plan review process, following the rezoning process. 9. "Rezoning Landscape Plan." This landscape plan should be conceptual in nature and included in a proffer statement, if it is your intention to adhere to its conceptual layout. The landscape plan will be formally reviewed during the site plan review process. 1-1 • Page 3 Mark Havers, Project Engineer, Chester Engineers Re: Dalrymple Rezoning October 31, 2001 10. Staff Comments. A. The site is located adjacent to a gateway entrance to Frederick County. It would be encouraged that additional landscaping systems be implemented. B. Adjoining residential uses. It is encouraged that increased setbacks and landscape buffering be implemented to minimize impacts of the commercial use on the adjoining residential uses. C. Proposed Road Abandonment. Establish a time frame in which the road abandonment would be sought. Additionally, establish an access easement to enable vehicular traffic to safely travel from 220 Seafood to Valley Mill Road, in leu of the Route 716. This easement should not be impacted by proposed parking lot traffic flow on the subject site. • D. The Capital Facilities Impact Model indicates a negative impact on fire and rescue services. What efforts are proposed to mitigate this impact? Provide a copy of the output from the model with your formal rezoning application submission. E. Is there a maximum building square footage proposed for the site? F. The use of freestanding monument signs of 10 feet in height, and 100 square feet in display area, are encouraged. Signs proposed for placement along Valley Mill Road should be smaller is size, based on their proximity to residential uses. G. Valley Mill Road provides access to residential uses. Landscape screening should be considered along this roadway, minimizing the commercial use impact on the residential area. 11. Review Agency Comments. The following agencies should provide comments regarding this rezoning application: County Attorney (reviews proffer statement), Historic Resources Advisory Board, Virginia Department of Transportation, Public Works Department, Fire Marshall, Sanitation Authority, Health Department, City of Winchester, and Greenwood Vol. Fire Company. 0 • Page 4 Mark Havers, Project Engineer, Chester Engineers Re: Dalrymple Rezoning October 31, 2001 If you have any questions concerning the comments I have provided, please do not hesitate to contact me. Sincgay, / r Ij ate. Eric R. Lawrence, AICP Deputy Director ERL/rsa Attachment cc: Mr. Rex Dalrymple, 10422 Green Mountain Circle, Columbia, MD 21044 • faxz: 410-997-3071 • Sep 05 01 10:52a Frederick County Planning 665-6395 p.l ` i facsimile TRANSMITTAL STEP 5 200. Mark Ha ers Name: Fax: 301-948-9258 From: Eric Lawrence Date: September 5, 2001 Subject: Capital Facilities Impact Model Output Pages: 2 Comments: Mark - Attached is the output from the Capital Facilities Impact Model, as run for the proposed 3+ acre B2 rezoning on Route 7. The model projects an impact of $43,621 on Fire and Rescue services. Please call me with any questions. -Eric Eric R. Lawrence, AICP, CZA Deputy Planning Director Frederick County Department of Planning and Development 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us �� (S TO: Barbara in Data Processing �� FROM: Carol Huff - Planning Department 'kw . . . Please print _� sets of labels by: r7k-I' "Chis i to certify that the attached corresponc THANK YOU!! v ZF =� from the Department of Mann g ana uevciopment, r reaencK County, Virginia: 54F A - 30- MORRIS, CLARE E & G W ESTATE 54 - A- - 114 CIO DEBORAH MITCHELL, EXECUTOR FREDERICK COUNTY CLARKE COUNTY 3220 FORDHAM RD SW ROANOKE. VA 24014-4207 PO BOX 3508 WINCHESTER, VA 22604 2546 54F - 3- - A- RUSSELL, DOUGLAS E 54 - A- - 112-C 115 DOWELL J CIR 220 SEAFOOD RESTAURANT, L L C WINCHESTER, VA 22602.6182 238 HANGING TREE RD WINCHESTER, VA 22603 3401 57 54F - 1- - 3- OVERSTREET, RONALD 0 & DEBORAH M 54 - A- - 111- 319 PINE RD GARRISON, NORMAN W STEPHENSON, VA 22656 2216 CiO BARBARA GANSE 238 HANGING TREE RD 54F - 1- - 6- WINCHESTER, VA 22603 GARRETT, BETTY D 147 DOWELL J CIR 54 - A- - 112-E WINCHESTER, VA 22602-6182 GANSE, CATHY G & DONALD GEORGE 177 VALLEY MILL RD 54F - A- - 30-A WINCHESTER, VA 22602-6252 STATE HIGHWAY AND PO BOX 2249 STAUNTON, VA. 24402-2249 54 - A- - 99 E DEVELOPMENT COMPANY OF AMERICA PO BOX 520 WESTMINSTER, MO 21158-0520 54F - 1. - 9- ' q� SIMPSON, WALLACE E SR 3219 BLUNDELL RD FALLS CHURCH, VA. 22042 3820 STATE OF VIRGIMA COUNTY OF FREDERICK Abbe S. Kennedy, Senior Planner Frederick County Planning Dept. 1 , a Notary Public in and for the State and County aforesaid, do hereby certify that Abbe S. Kennedy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on 54F .11. - 7- G r a 5 OVERSTREET, RONALD 0 & DEBORAH M 319 PINE RD STEPHENSON, VA 22656-2216 NOTARY PUBLIC 1 54F - 1- - 8- ? -�q Y SHOEMAKER, WILLIE & ANGELA 101 MEADOWBROOKE PL WINCHESTER, VA 22602-6530 Valley Mill LLC Dalrymple Dev. & Investment, Inc. 10422 Green Mt. Circle Columbia, MD 21044 Smooth Feed SheetsT'" Use template for 51610 54 - A- - 114- 54 - A- - 114- FREDERICK COUNTY-CLARKE COUNTY FREDERICK COUNTY-CLARKE COUNTY PO BOX 3508 PO BOX 3508 WINCHESTER, VA 22604.2546 WINCHESTER, VA 22604.2546 54 - A- - 112-C 54 - A- - 112-C 220 SEAFOOD RESTAURANT, L L C 220 SEAFOOD RESTAURANT, L L C 238 HANGING TREE RD 238 HANGING TREE RD WINCHESTER, VA 22603.3401 WINCHESTER, VA 22603.3401 I 54 - A- - 111- 54 - A- - 111- GARRISON, NORMAN W GARRISON, NORMAN W CIO BARBARA GANSE CIO BARBARA GANSE 238 HANGING TREE RD 238 HANGING TREE RD WINCHESTER, VA 22603 WINCHESTER,VA 22603 54 - A- - 112-E 54 - A- • 112-E GANSE, CATHY G & DONALD GEORGE GANSE, CATHY G & DONALD GEORGE 177 VALLEY MILL RD 177 VALLEY MILL RD WINCHESTER, VA 22602.6252 WINCHESTER, VA 22602.6252 54 - A- - 99-E 54 . A- - 99-E DEVELOPMENT COMPANY OF AMERICA DEVELOPMENT COMPANY OF AMERICA PO BOX 520 PO BOX 520 WESTMINSTER, MD 21158.0520 WESTMINSTER, MD 21158.0520 54F - A- - 30- 54F . A- - 30- MORRIS, CLARE E & G W ESTATE MORRIS, CLARE E & G W ESTATE CIO DEBORAH MITCHELL, EXECUTOR CIO DEBORAH MITCHELL, EXECUTOR 3220 FORDHAM RD SW 3220 FORDHAM RD SW ROANOKE, VA 24014.4207 ROANOKE, VA 24014.4207 54F - 3- - A- 54F - 3- - A- RUSSELL, DOUGLAS E RUSSELL, DOUGLAS E 115 DOWELL J CIR 115 DOWELL J CIR WINCHESTER, VA 22602.6182 WINCHESTER, VA 22602.6182 54F - 1- - 3- 54F - 1- - 3- OVERSTREET, RONALD 0 & DEBORAH M OVERSTREET, RONALD 0 & DEBORAH M 319 PINE RD 319 PINE RD STEPHENSON, VA 22656.2216 STEPHENSON, VA 22656.2216 54F - 1- - 6- 54F - 1. - 6- GARRETT, BETTY D GARRETT, BETTY D 147 DOWELL J CIR 147 DOWELL J CIR WINCHESTER, VA 22602-6182 WINCHESTER, VA 22602.6182 54F - A- - 30-A 54F - A- - 30-A STATE HIGHWAY AND STATE HIGHWAY AND PO BOX 2249 PO BOX 2249 STAUNTON, VA. 24402.2249 STAUNTON, VA. 24402.2249 j111�,MVEMW Address Labels Laser 51610 Lam_ 54F - 1- - 9- SIMPSON, WALLACE E SR 3219 BLUNDELL RD FALLS CHURCH, VA. 54F - 1- - 9- SIMPSON, WALLACE E SR 3219 BLUNDELL RD 22042.3820 FALLS CHURCH, VA. 22042.3820 Smooth Feed Sheets TM Use template for 51610 86 -A- - 81- BOWMAN, J MES L BOX 4 0 S PHE S CITY, VA 86 - --81- BO M JAMES L P BOX 480 TEPHENS CITY, VA 86 -A- - 81- BOWMAN, JAMES L PO BOX 480 22655 STEPHENS CI Y, A 22655 86 -A- - 81- BOWMAN, JA ES PO BOX 480 22655 STEPHENS CITY, VA 22655 0E99-Z09ZZ VA'H31SIHONIM ld 3NO080MOOV3W 101, V139NV 12 31111M'H3NVW3OHS -8 - -L - JVS 0E59-Z09ZZ VA'H31SIH9NIM Id INOOHBMOOV3W 101, V139NV'R 1I111M'H3NVW3OHS -8 - -L - Its 9lZZ-959ZZ VA'NOSN3Hd31S 9[ZZ-999ZZ VA'NOSN3Hd]1S 08 3NId 61£ OH 3NId 6LE W HVH093G q 0 OIVNOH'133H1SHIAO W HVdO93018 0 OIVNOH'133H1SHIA0 -L - -L - Jb5 -L -1 - Jti5 1AVL �-Iv® Address Labels Laser 51611D jG� LEGEND \ // ,// r•' �" ��\ PROP. 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L 1~b 22.28X (0000 aE) =28% (71.005 af.) Lmd--vh9 Y Pw" Lot S.W dm •kan my ••a.. 00' OEf Yrvn o :. . R w OU Oo' 7. Buftr Yd. a Ya /1 ov (pm Sa-u_ •• 00' .f O.dMmw) b. Ymd /2 W (P.r S_tI_ ^ o0' a O dh--) • A W h t wOwdt W R h.m p-"mY high" and . Zw Rmt 1md ■ .a4 f. aa-tm m mk .bwta •• PraWy I. m by m W Rurd Ana pm R. DWym" tM PmP•Ky I. t. b. r 4 tR . oamm.edd —" h .hkfi NRw .ton .RM AMI dw and . n.t—t m AP w by rqn% 1.) IBTES ! BOUNDS WORIIATION IS BASED ON PLAN PREPARED BY G.W. CLFFOD t ASSOC. TIYLED 7-0-EVEN CONVENIENCE ROUTE 7 EAST LOCATION. DATED 9/24/96 y67870 DECORATIVE we•`µ' I 1 ( \ I f / % / ! \ j' j r • _. r I �i j W/ ANNUAL PL �Nj NGS {� NO ORNAMENT{ SHRUBS �` WATER` 401 \ ='Am_ T—DL EDGE o�PAw�orT'4.`j-- IE—t`-----� 12s _. '• '�_'��.. j J \ __ _a"` --- ---ate'--_-`=-.C-_-_= ___may.____- \ �'1��' DF OWNER/DEVELOPER CHK BY: HJS Nc. DPL< .vl. on D..� np� R.v.e THE SOUTHLAND CORPGRATION Y: REH 7_ELMN �' C 50 SHAWNEE ROAD GRAPHIC SCALE APP BENGINEERS R ROUTE 7 O VALLEY MILL RD. (RT. 659) 30 AIEXANDRIA. VA 22312 PHONE_ (703) esa-ax7 s DAtF: 5 of FREDERICK COUNTY ENGINEER SCALE: WINCHESTER, VIRGINIA Project No.: 5654-03 CHESTER ENGINEERS ( ON FEZT ) BIB W. DIAMOND AVENUE I m.b _ 30 IL REZONING SITE PLAN GNTHERSBURG MD 2087a Sheet: OF PHONE 301 B40-t OX WENTALS 1 !J EYCKidI'�C.CPI / e // 1 1 1 1 1 1 1 1 1 rw 1 SHADE I o I I / 11 I II 1 I I 1 �•� ORNAMEN---------------- T --_-- I ♦ \ -------------------`-ROUTE 710 ---------------- / To-tBxAl)r I I -- E% RT—TURN LANE ROUTE 7 / -------------------------- ___ i -------------------------------------------------------- — — --- �// -------------------------------------- _- DRW BY: HAFT CHK BY: HJS ��yy������pp //����E ����.p OYMER/DEILi16GR THE SOUMAND CORPORATION 5300 SHA1NIEE ROAD GRAPHIC SCALE APP BY: REH DATE: 5/01 ALIXANOMA. VA 22312 s s PHONE (703) e56-6517 ENGINEER ENGINEERS( II l0[) SCALE: 1•��p• Biel E4@A AVENUETER 1 took I0 R ,_ELEVE,, ROUTE 7 O VALLEY MILL RD. (RT. 659) FREDERICK COUNTY WINCHESTER, VIRGINIA REZONING LANDSCAPE PLAN CHESTER ENOINEEFiB Project No.: 4653-343 Sheet 1 OF s of -1• H `' u ) ro aL 7 RUSSELL RP 54F 3 A RP 0 0 hw .— 54F 3 Al `- `n 54F A 30 RUSSELL RP LL'0B2 RP MORRIS 1081 RP o sz RP 54F 1 (D Cb Rv VERSTLIL Q A RP ✓n f_ co ¢ Q F A 29A HOEMAKER VDOT t54 54F A30A RP FREDERICK COUNTY-CLARKE COUNTY 54 A 114 RP 220 SEAFOOD RESTAURANT, L L C 54 A 112C B2 GANSE 54 A 112E RP GANSE 54 A 11 RP REZ # 06 - 02 Location Map For: Dalrymple PIN: 5417-1-%54F-1 -9A 54F - A - 30, 54F - 3 - A, 54F-3-A1 w�E 0 40 80 Feet JAN- 5-01 FRI 21:12 REX DALRYMPLE 4109973093 P.04 2000 Mr. Evan A. Wyatt, Deputy Director Frederick County, Virginia Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Subj ect : Parcels 54F ( (3)) A �, 541? ( (3) ) A1. of the Frederick County, Virginia land records Dear Mr. Wyatt: This authorizes Mr. Rex Dalrymple, Managing Agent for Valley Mill, LLC, to execute all necessary documents and application forms, in my behalf, in the development of the above subject property. Signed, sealed and delivered in the presence of: As to Seller Douglas gene Russel '(SELLER) I STATE OF VIRGINIA City of Winchester Subscribed and sworn to before me, A Notary Public in and for the State of Virginia, in the State and City aforesaid on this dap of , 2000. My Commission Expires: Notary Pub is I-- 3�, �-- JAN- 5-01 FRI 21:18 REX DALRYMPLE 4109973093 P.03 November , 2000 Mr. Evan A. Wyatt Deputy Director Frederick County, Virginia Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Subject; Parcels 54F((1))9 & 54F((X))9A of the Frederick county, Virginia Land records Dear Mr, Wyatt; This authorizes Mr. Rex Dalrymple, Managing Agent for Valley Mill, LLC, to'execute all necessary documents and application forms, in my behalf, in the development of the above subject property. Signed, sealed and delivered in the presence of; As to Seller Wallace E. Simp on ELLER) COUNTY: F4 � fqX-. i,TPTF• �✓ r /q &tb +';`—'A er,� ~io L(:foro me, this! C`16i•y PL'bl',o b+ty Comr;�issa:tl e:��IYv3 _- JAH7 5-01 FRI 21:17 REX DALRYMPLE 4109973093 P.02 November , 2000 Mr. Evan A. Wyatt Deputy Director Frederick County, Virginia Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 I Subject: Parcels 54F ((A))30 & 54F ((A))31 of the Frederick County, Virginia land, records, Dear Mx, Wyatt: This authorizes Mr. ReX Dalrymple, Managing Agent for Valley Mill, LLC, to execute all necessary documents and application forms, in my behalf, in the development of the above subject property. Signed, sealed and delivered in the .presence of : �_�� ��YYI �l� % ✓�/- � 3 As to Seller CLARA ,q. RO FIW(SELLER)