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HomeMy WebLinkAbout060-71 Carlin L. Smith - Backfiler LARGRNT, ANDERSON R LARRICIC .11'i011\I:Yb AT r.,%.Nv NVI\G1ILS1'im, V111GINIA PETITION FOR AMENDMENT OF THE FREDERICK COUNTY ZONING ORDINANCE To: Board of Supervisors of Frederick County, Virginia and the Frederick County Planning Commission Re: Amendment of the Frederick County Zoning Ordinance on Valley Mill Road from R-1 to R-2 to Permit the Erection and Maintenance of Multi -Family Dwellings. Your Petitioner, Carlin L. Smith and Georgie E. Smith, respectfully represent unto the Frederick County Board of Super- visors and the Frederick County Planning Commission the following: 1. That they are the owners of that certain tract of land, lying and being situate on the Southwest side of the Valley Mill Road in Shawnee Magisterial District, Frederick County, Virginia, more particularly described by that certain plat and survey, dated March 25, 1966, prepared by Quentin R. Shojtt, C. L. S.,hereto attached and marked Exhibit A. 2. That the said property was conveyed to the Petitioner by deed of David W. Braithwaite, et ux, dated April 9, 1971, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book, Page / , Instrument No. 3. The Petitioners desire to construct multi -family dwellings on the aforesaid property, together with playground and parking facilities. 4. That City water and sewer will be provided for the multi -family dwellings erected on the aforesaid property. 5. That the construction of the said multi -family dwellings shall be consistent with the essential characteristics of the area and not interfere with a suitable environment for family life. LARGENT. ANDERSON & LARRICK ATTORNEYS AT LAW WINCHESTER, VIRGINIA iWi3ZHT G.13U(;&L1!a L''1' ni 5 TO DEED C. D. HYLTON ti SMAAR A MOMAMAM o.,oi Ar u■ .. ; dooK '3s'i2 rncf''�44� THIS DEED, made and dated this .2 V day of U U , 1964, by and between Robert G. Buckley and. Dorothy B. Buckley, his wife; Wade C. Emmart and Margaret M. Emmart, his wife; and Ralph E. Slaughter and Mildred L. Slaughter, his wife, hereinafter called the Grantors, and C. D. Hylton, hereinafter called the lGrantee. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantee on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey,'with general warranty of title, unto the Grantee in fee simple, the following real estate, together with all improvements and appurtenances thereto belong- ing and subject to all -easements and legally enforceable restrictions of record affecting such realty: All of that certain tract or parcel of land con- taining 39.260 acres, situate at Sunnyside, in Stonewall Magisterial District, Frederick County, Virginia. Said ' tract fronts on the south side of U. S. Highway No. 522 and on the east side of Road No. 753 (Fox Drive) and is more particularly described by a plat and survey of John W. McNair, Jr., C.L.S., dat-d August 18 , 1964, which is attached hereto and made a part hereof by reference as if set out in haec verbs. The realty herein conveyed is the remaining portion of a larger parcel of land containing 44.052 acres which wa-. con- veyed to the male Grantors herein by J. Kenneth Robinson and Ray Robinson, Jr., doing business as Kenray, a partnership, by deed dated September 24, 1962, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 282, at Page 432, from which larger parcel of land the Grantors have reserved a lot as hereinafter described and have made two conveyances, one of 1.87 acres to the Common- wealth of Virginia by deed dated January 23, 1964, and recorded in the aforesaid Clerk's Office in Deed Book 298, at Page 72, and one of 37,800 square feet to `,Y t.�,..�riryl r. ./, ;.ii •lvi; {�`j �iG+��tttiY"r: ';�2�r,, ::e� i}r'�'/r.e{'f%2' • /i'i `:,r' J;'.^,4 is 1kC;.,. s. •.'1.>:; i`,','r :7"'. [:° ,�4a,,.; t�;%:: ., �,•,•;i%q .S: r? BOOK ' 302' na ' 445 Vernon B. Unger and wife by deed dated March 17, 1964, and recorded in the aforesaid Clerk's Office in Deed Book 298, at Page 65. The male Grantors herein reserve unto themselves, their heirs and assigns, and expressly exclude from the hereinabove described conveyance to the Grantee, a certain lot or parcel of land containing 2.066 acres situate on the southeast corner of U. S. Highway No. 522 at its intersection with Road No. 753 (Fox Drive), designated as "reserved portion" on the aforementioned plat and survey, to which reference is here made for a. more particular description of the realty hereby reserved. The Grantors covenant that they have the right to convey the within described property; that the same is free from all liens and encumbrances; and that they will forever warrant and defend the title thereto. Witness the following signatures and seals: /lJl (SEAL)( obert G. Buckley r_ a (SEAL) Do r thy B.uckley / . �.. �.,.�M&.-- ) (SEAL) '-�y�y,.�� Wade C. Emmart f§6 �342290 � (SEAL) ) • _ �, o=:.• � �.� mm re t 14. Emmar t hL., (SEAL) Ralph E. Slaughter cs � f .,, r• u_ n / (SEAL) 10 f1UR��M0MMAM Y. , x�'" Mildred L. SlaU hte —'— AT +artw roam G6a i' a QUENTIN R. SHORTT ASSOCIATES CERTIFIED LAND St1RVEYQI?S 23 SOUTM DRRaatcg WRFET WINCHESTER, VIRGINIA 229601 Exhibit A LSGAI WgRIPT10N AL ICE 4ACKSON PARCEL All of the Parcel of land on or near Valley Mill Road in Shawnee Districts Frederick County, Virginia, about 220 feet East of Anderson Avenue, as referred to in Deed Hook 152 at Page 5739 said Parcel being more particularly described as follows; Beginning at an iron pipe set on the line of Haven Wolfe at a fence corner on the South aide of Valley Mill Road 3.39.55tfeet from the Past line of (7PjT'jV,,)~*Anderson Avenue and running with Wolfe 5 52034150" W, 167.96, to an iron pipe set at a fence corner; thence N 63° 51' 30t, 411 61. 8U' to an iron pipe set; thence N 320401 ;i', 1/9.91' to an iron pipe set; thence S 5U908110" E, 119.55' to the beginning containing 35,445.52 sq. ft.