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HomeMy WebLinkAbout073-71 Clearbrook Woolen Co. - Backfile (2)NO. DATE September 10, 1y71 Application for Rezoning... FREDERICK COUNTY, VIRGINIA TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS, FREDERICK COUNTY, VIRGINIA I (we-i., the undersigned, do hereby respectfully make application and petition the Governing Body to amend the Zoning Ordinance and to change the Zoning Map of the land of. Clearbrook Woolen Company, Incorporated, in Frederick Countyas hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at Clearbrook on the East side of U. S. Route 11, bounded on the Itorth by,. the Pennsylvania Railroad, on the East b- eing virtuaiiy oisectea oy Route oy(�, the Brucetown Roaa, witn a rrontage of approximately 1450 feet on Route 11 and a depth of 1500 feet, more or les 2. The property sought to be rezoned is owned by: Clearbrook Woolen Company, Incorporate as evidenced by deed from 7 conveyances listed on Exhibit A attached. r�DCFJQR0Q0= Registry of County of Frederick, Virgini a. 3. It is desired and requested that the foregoing property be rezoned FROM All land NorthTR' Brucetoim Road ( 5 -1 Acres) to M-1 and all land South o Brucetotim Road (55 Acres to A-2 4. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the property in front of (across street from)the property sought to be rezoned: NAME See Exhibit C attached. RECEIVED FROM Account Total $ Amount Paid Balance Due $ (Use reverse , "THE EFFICIENCY LINE" STREET ADDRESS I in the Courthouse, if they are not known.) �3 �73 5. It is proposed that the property will be put to the following use: 35 Acres North of Ba-ucetoym_ Road - liwht industrial use of general character of former use as woolen plant. 55 Acres South of Brucetown Road - interior development into campgrounds for use by tourists and campers. 6• It is proposed that the following buildings will be constructed: As required to meet general scheme of development. 7. It is proposed that the following setbacks and offstreet parking provisions will be made: As required to meet zoning requirements. CLEARBROOK WOOLMT COMPANY, INC. 8. Attached is a copy of a Vicinity Map. Signature of Applicant Exhibit B Clearbrook, Virginia 22624 Address of Applicant TO THE BOARD OF SUPERVISORS This petition for rezoning property within the jurisdiction of the Of was received on a public hearing was held on&�"40, and the Planning Commission wishes to make the following recommendations to the Governing Body. /J e 1.4 D J 0 - .11 ..4 ..,00-1 i - i ii T 0'. _A& " i � . . / l / i. / 1 / / / . %4eJA N6. AN BY �4-4 ,44r. OAO Secretary �F THE ISORS • u On 11b/ a?ij the Governing Body took the following action on the attached petition for rezoning: 1-2 510 EAty. SJo. E/ur S/o• E/ew StQ• Elav S/o. F�sr Sfr». /er, Sf4. ;Eltr. Siv E/N. Sfa• E/av Spa,, E/t✓. 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R 4-/ -9 GG.BI • k , 1 94 3 9z go,o 9r•7 . raxJ 96.6 J` S o CA N L 1� GO 4 4y 97 0 s � 93•0 � • � 1<1 +.7 g7G /o/ o . +4. $ 00•6 ° 4-9 39. - jAo• � 34,8 9�•5 9 t t + 7 7 9g" y7.B 9B� 9 ,3 k9' 9} 94 94.4 9-5F z- • - + t + h 35-A � - ems 9 .7 96..5 9 +Z + _. 98•0 C.O. INC . � • , � ' r 94,4 fl�•5 98'1` 94.4 '� .( nog✓ � - . 9lo i g3.o gs' 3 } } t + - 93 o g3.o 93.4 + + - i v 9z.o 93.Z 9+6 94'7 9Co4° vd}Fl a K vlah �ft1�1 W-c so n N QD t 9s• 3 94.8 •r�x ,97 7 98.8 9�z h 9 0 97.9 993 i i 0 7-3 LRU MINUTES OF THE MEETING of the FREDERICK COUNTY PLANNING COMMISSION Held in the County Office Building, October 6, 1971 The Regular Meeting of the Frederick County Planning Commission was held in the Supervisor's Room of the County Office Building, Winchester, Virginia, this day and was called to order by Chairman James W. Golladay at 3:30 P. M. PRESENT: James W. Golladay, Maurice W. Perry, Elmer Venskoske and Grover Teets, Jr. Also Roy Jennings and Don E. Krueger. ABSENT: Charles E. Bass, Keith Williams and Donald L. Baughman. The Chairman announced a quorum was present and the meeting continued. The Minutes of the Special Meeting of September 8, 1971 were approved as read. The Commission was approached by Walter Young, Owner of Buck's -Kin Lodge located in Gainesboro District. Mr. Young stated that his resort contained some 700 acres and had beehin operation since 1951 and the airfield on his land had been open since 1960. Mr. Young was asked to supply a plat of his property in order that it could be plotted on the Zoning Map. He was told by the Chairman that since his operation had begun prior to the approval of the Zoning Ordinance it was allowable as an existing nonconforming use, however he would have to obtain a conditional use permit for his airport. The next order of business was the Public Hearing upon the letter petition of James R. Wilkins, Inc. The Petition was read by the Secretary and requested rezoning of Lots 1 to 5 inclusive of the Brookland Heights Subdivision, containing approximately nineteen (19) acres, situate in Shawnee Magisterial District, lying on the south side of Virginia Route 659 from Residential (R-1) to Residential (R-2) for the purpose of constructing apartments. No one appeared in opposition; Mr. Wilkins appeared after the Public Hearing on his request had closed. The Commission studied the plat of the property and after short discussion moved to the next order of business. The next order of business was the Public Hearing on the Petition of the Clearbrook Woolen Company, Inc. The Petition read by the Secretary requested ninety (90) acres, situated in Stonewall Magisterial District lying on the East side of U. S. Route 11 and being divided by Virginia Route 672 (Brucetown Road). Land lying north of Virginia Route 672 to be rezoned from Agricultural (A-1) to Industrial (M-1) and the land lying south of said road to be rezoned from Agricultural (A-1) to Agricultural (A-2) to permit use of the land as a camp ground. No one appeared in opposition. Those appearing in favor were: W. H. Lawrence, Jr. - Clearbrook Woolen Company, Inc. W. H. Lawrence III - Clearbrook Woolen Company, Inc. E. C. Lawrence - Clearbrook Woolen Company, Inc. William A. Johnston - Attorney for Petitioners L AND Sato bs'n Non / x �r r R 4 iX I Y t / �•�-,..y.....-�-.1M+.s.r.`Z�R'•arrs'7f'a+'-`+la.rlr R r •- I 3 r< I f Sorr/n16�siQ 'QJ4(rS�-� 9 Pos GgTH_ FFIc r, I A p. ly II Inv.A774 Yn✓.8r�57 � _ h i Aon O 7_3 x -7/- J-` ,x- �•k Pra/�erfy f 1 �I li L1 e e Cleo'' To C r' ��R E vo/ur/��rr �. no4J t o Y or o/L 4// A _ AL 9 KFl C!/ 4 Q e e deal To Clear brook Co DE , vo/vi/tc�r Fire 55 t ,Q c res �LlA�2Ft,Fc� Wa�c�^/ r or al-"crhale%q all z///�s Pact fe 11 0n-y � KGrfC O✓J SS A<ee �•�cic i I09i BE IT FURTHER RESOLVED, 'That the Board does accept the recommendation of the Planning Commission in that no building permit shall be issued until building plans and water and sewer plans together with an acceptable signed agreement between the Owner and the :Municipality agreeing to provide the water and sewer services. The above resolution was passed unanimously. ZONING PETITION - CLEARBROOK WOOLEN CO. INC. RT. 11 NORTH i A-1 to M-1 and A-2 - APPROVED The Frederick County Planning Commission had recommended approval with the stipula- tions that any industry locating in the Industrial (M-1) area be restricted to industry which creates only domestic waste -water and that the Campground be provided with central sewerage facilities as approved by the appropriate office of the Health Department. Pete Johnson, Attorney for Clearbrook Woolen Co., discussed the wording of the provisions with the Board. Mr. Johnson stated that there were limitations on the possible use that M-1 might be put to. Upon motion made by Thomas Brumback and seconded by Robert Russell, BE IT RESOLVED, That the Board does approve the application of Clearbrook Woolen Company, Inc. to rezone ninety (90) acres of land; situated in Stonewall Magisterial District at Clear Brook, Virginia bounded on the West by U. S. Route 11 and lying on both sides of Virginia Route 672 (Brucetown Road); from Agricultural A-1 to Industrial M-1 (approximately 35 acres) and Agricultural A-2 (approximately 55 acres), BE IT FURTHER RESOLVED, That no waste would be produced which would pollute the stream in violation of the statutes of the State Department of Health and State Water Control Board. The above resolution was passed unanimously. ZONING PI1"'TTT0N - C?. 1?_ 1),-\ T,TS ;, IR. ET �._ "WWW"DINNAM o /7j HARRISON 6, JOHNSTON ATTORNEYS AT LAW' WINCHE5TERNIRGINIA 22601 BURR P. HARRISON WILLIAM A.JOHNSTON GRAICHEN BUILDING H. K. BENHAM III P. O. BOX 809 TELEPHONE BILLYJ. TISINGER AREA CODE 703 ELIZABETH B.JOHNSTON September 10, 1971 667-1266 Mr. Roger Alderman Executive Secretary County of Frederick Winchester, Virginia 22601 Dear I'Lr. Alderman: I enclose an Application for Rezoning of 90 Acres of land owned by Clearbrook Woolen Company, Incorporated located at Clearbrook in Stonewall Magisterial District. Having discontinued its manufacturing operation, the landowner contemplates development of the property in an orderly manner which would require rezoning as stated in the enclosed Application. Generally speaking, it would appear reasonable and in keeping with good zoning practice that the portion of the property (containing about 35 Acres) lying North of the 3rucetoi�m Road be continued in the same general type of use consistent with the existing improvements on the property and thus the request for M-1 zoning on that portion. Regarding the 55 Acre tract lying South of the Brucetoim Road, it is the intention of the landowner to develop water and sewer capability which would permit use of most of the tract for a campground probably along the lines of the nationwide KOA type campground. It occurs to us that such a development would naturally lend itself to use of some or all of the Route 11 and Brucetown Road frontage for businesses which might be supportive of the basic use and that, therefore, the portion of the 55 Acre tract lying adjacent to Route 11 and the Brucetotim Road to a depth of, say, 200 feet, should be zoned B-1. We respectfully make this request to the Board of Supervisors and Planning Commission as an alternative suggestion in seeking the zoning change. Respectfully yours, 7 +� WAJ:nh Will am A. Johns o� Enclosures t ,Ioo 360 PAGE 588 All those seven 7 ,.ertaln parcels of land, situate -_ �L- ^ • t _ a' a:or e. r ocular l V in rr..d�. _ck County, V_r�.�n�d, and b���.s p• described as follows: PARCEL 1,0. ONE: (1) That certain lot or parcel of land, together lt„ all improvements thereon, and ali easements, rights, rights of way, water rights and all other appurtenances thereunto belonging, improved by a large one story brick factory building 60 by 200 feet, and a one story galvanized iron dye house and-boller room, situate av .,learbrook, in S�onewal_ Fla0.isterial District, Freder_ck County, Virginia, about six miles North o, Winchester, containingtwo 2 acres, more or less, a plat of which is O I attached to and made a part of a certain deed bearing date April l;, 1930, from M. E. Whetzel and others to said Bruceto:rn I Woolen Mills, inc.; and, (2) All o: that certain tract or =.a.rcel of land, together with the buildings and improvements thereon and all � rights and appurtenances thereunto belonging, lying -and being ' situate ;n Stonewall Mac-,. Isterial A_sv.icv, Frede,c ..cLountlj, Virginia, about six miles north o`' winches ter, Virginia, on the ? south side of the Bruceto�rn Road, near Clearbrook Station, ar.d more particu arty described as follo�>>s: Beginning at a point on{ the east side of the U. S. Route ;,`11, or �!a: tinsburo Turnpike, i corr&e. to E. Cleven;er; thence north along the said high ay to the hedge fe;:ce Ht:ich is the southern boundary of the proper 5,y ` heretof ore , or:vey ed to the Trusteas of the C1ea brook Prasb,r-- �; terian Church; thence east -with the. said h•cdge to the prooert-v here�o`'orA co;v�fe3 t Claude s��e; then L- .` L 0 1 ce cor,:.�nu�,,, in a easzeL n:, direction �.iti the southern bour-i'fsa—L iln'a of "kje . ''• t� Gore distance ` f tr: Ge. hu:,dred feet to the propertJ o' t i fl �1 c"7 3 1 f.tiM .4 TH0MI i Bj�K 3GO PAGE 5S9 i; i ;j C ` eh W to th C'u"+4e? ti 1 boor:J ry of the said. Gore a distance of two (!1)�1C1Y'�C't arld f f G, � I feet to the said Bruceto,in Road; thence with tilt: said road in -n, easternly direction to the Property of Harry . Aiken-.; thence l in a 3outhernl.y directio r w:ith the western boundary of the api�s Aiken-. Propex°ty a distance of two hundred feet; thence east with the said A1}ce,1z southern boundary a distance of two hundred feet; thence north with -the said Aikens line a dista.ncc of t.:c hued_ ed feet to the said Druceto,:ri Road; thence east alcng the said Bra?cetovin Road to the proper ty of S. 0. Dick; hence In a southernly direction with the western boundary of the said i^.k land to the property of E. Cleverr.Zcr; thence with the said Clever er in a westernly direction to the point of heSjnninr and supposed to contain seventy acres (70 A.), be the save over so much more or less; and beinS the same realty conveyed to Clearbrco'r; Woolen Com.pany., incorporated, by d ed of 01 :a rbrook 4leole : Cozpary, , dat.-d April 1, 191, 6, and recorded in the Cleric's Office of the Circult Court of Frederick County, Virginia., in Deed Book 19b, at p,Je 7j. LESS the following three (3) parcels of land convayI:,-u by said corporation: (1) A certain jot of land located in Ston_�ww'_i District, Frederick County, Virginia, on thv South side of the road leading from Clearbrook tc Brucetown, wh' ch lot is roc. c particularly described as begi„n1n3 at a point in the South property line -of the road leading from Clearbrook to Brucetc;-;n reas'.:rf L di., Vwr.,;p cf 100 feet aloe; said road F.asti�;ard, y r^ 1' 4', o LiIP NOrZ.h,-ast corner of the pr7nUr ty to Harry VT. Alk- n^ H. � runnia;; :hence in the Sout ; property line of said road s n n Easter:_y directicn a distance of 200 feet, wit' a depth back cxnccs H. BENHAM THC,MA ILttR. VA. roK v60 PnE fro : said roar-, bet rcca ,-rallel lines drain ar, right an„les .0 sa ld road, a distance of 2C)O feet; and being the .sane really convcyod by the Clear-broc'.: Woolen CoQpany, Incorporated, to Clearbrook Volunntoer Fire Department, Incorporated, by deed ' dated P,,_.y 31, .1..,�5, and record�,l in said CJ. Oi'A. ice in Deed Book 196, at PL Se 429. (2) Tract Ono is a certain lot of land fronting on said road a di ,tance of 100 ft., More oil lesC, ext-ending in a southerniy direction from, said road to the southern property line of the Harry Aikens property extended ir an e anter ni direction, being bounded on the North by the said road, on th West by the property of Harry Aiken5 on the East; by the property of the Clearbrook Volunteer Fire Department, Incor)c-- rated, and on the South by other property of the Clearbrool,. Woolen ComPa.ny, Incorporated. Tract Two is all of that ccr twin lot of 'Land, f rontirg upon said : oad for a di stance of 270 f e6 t, nora or les: and extending south fro:.; Said road to the south property line of i Harry Alkens property extended, t-.ith a width in the re -or of approxir.:ately 2 1- '- ft., boundlad on the writ by the property of i I the Clearbrook Volunteer Fira Depart-__nt, Incorporated, on the East by a 20 ft. la.na retained by the Clearbroolc Woolen Company, i Incorporated, on the North by the Bruce to,,in-Clea-Abrook Rcad and i on the South by other property of the Clearbrook Woo3.en Col -parry, Incorporated. This parcel of land be —ins at a point in Lhe south boundary of said road 20 ft. test of the ►North e a8v corn_ of the property of tcie Clea:rbrook Waoler Corp: ny, Incorporate-, The e ae t coundary lint --of :*n : p•= reel 4.9i 8 r all poir"!z 20 f t. _ 1 West of the east property lima of the Cle-arbrock Woolen CozC^a.^y, ! T r� r, i 1 n r, � a t n 1 � r f nce.po.�t..d, t �ei..� tr.. �r�c�;�t�on of �h.. C�Q�...broox I I a C"-.,� FkN.•.%o TNGMA I RIIeK NO FACE 591 Company, Incorporated, to retain a 20 f t. lane leading fro;,, its ' other property to the sou"h of Tracts 1 and 2 to the swid Bruce- town-Clearbrook Road; and being the same realty conveyed by Ceea from the Clearbrook ,Woolen Company, Incorporated, to .the Clear - brook Volunteer Fire Department, Incorporated, 'dated December 19, 1957, and recorded in said Clerk's Office in Deed Book 250, at Page 487. (3) All of that certain lot of land situate in'Stonc- wall District, Frederick Co unty,'Virginia, along the Eastern sides 1 of U. S. Route #11, at Clearbrook, Virginia, just South of the Brucetown Road and beingmore particularly ! p" tl�ular_y described as follows-.: Beginning at the Southwest corner of the Clearbrook Presbyterian Church present Church Lot in the Eastern property line of U. i Route #11, and running in a Southernly direction with the i Eastern property line of U. S. Route fill for a distance of 82.5 feet; thence in an Ea:;ternly direction, with a straight lino, to the Southwest corner of th,. Gaud., Gore prcpe. �y for a distance of approximately 158 feet; thence in a Nor thernly direction in the Claude Gore line tothe intersection of the Claude Gore with the Clearbrook Presbyterian Church's South property 'Line; then..e with n +,.d Cle-arbrook Presbyterian Chi.t._ ch', 3 said So utt: II i i property line to the point of beginning for a distance of app-.o:, imately 155 feat; and bein3 the sane realty conveyed by Ciear- brook Woolen Company, Incorporated, to Huyett G. Light, et al, Trustees of the Clearbrook Presbyterian Church, by deed dated January'22, 1960, and recorded in said Clerk's Office in Deed Book 262, at Page 349; together with all its right, title and :ntereat in and to the followins: (1) A certain agreement beartng date Aprii 15, 1.930, - 4 :nw :I f:ccs RH :ON. �E�tr.au Al.i;MGhA NiNCMC�•Ee, va Reny `?r'n4rF S (I /. between i'^s. R.. E. Whetzel and Others and said Brucetown Woolen Mills, Inc., which agreement is of record in the aforeuention�d Clerk's Office in Deed Book 160, Page 130. (2) A certain agreement bearing date April 9, 1930, between caid Br:,cetcr:n Woolen Mills, Inc., and David Messick and wife, :which agreement is of record in the aforemantioned Clerkk's Office in Deed Book 160, Page 131. (3) A certain agreement be -ring date August 11, 1931, betwe,sn J. John Jolliffe and* o ,'hel,s and said Brucetown Woolen Mills, Inc., which agreement is of record in the aforementioned Clerk's Office in Deed Bcok 162, Page 406. PARCEL NO. TWO: All that certain piece or parcel of land, the greater Parr, of the length being sixty-three feet .:ise, located at Clearbrook and situate in the District of Stonewall, in the County of Fr,:derick and Commonwealth of Virginia, bound,, d and described as follows, viz: Beginning at a point In the'Eastcrly line of State Highway United States Route Nulmber 11, eighty feet Wide, (14artinsburg and Winchcster Turnpiko) and at the distance of one hundred feet measured Southeastriardly and at right angles from a point in the line established as the center line of railroad of the Cumberland Valley and Martinsburg Railroad Company. Extending frorz said beginning point the following six course -- and distances: the first t .,o thereof being by land of the Cum- berland Vary and ;Iartinsburg Railroad Co^pany; (1) North forty -' degr ees es twenty minutea Fast, on a line parallel wi to and. f twoa�.�;. e dJ -_u*v4nt on hundred feat measured Southca.staardly an' t rid by bL, angles from said center line of railroad, two hundred seventy-- 073 i L _ P�� , 4..Aj.j eight �feet and tL;enty--nine one -hundredths cf a foot to a point; I (2) SGUth forf ti t—seven de -rc�sixty-three' • for, t;� mirures East ._ feet to a roint common to the Westerly corner of land now or formerly of the Clearbrook Flour Mill and common to the Northerl: corner of land of the Ow =� ? r Y� . ��e�.� break Woolen Company; (,,) South � o,•�y. two decrees twenwy minutes West, along the Northwesterly line: of land of the Clearbrook Woolen Company, on a line parallel with and distant one hundred sixty-three feet measured Southeast- _ wardly and at right angles from said center line of railroad, three hundred feet to -a o ii p in,, at a corner of said last mantionad land and in the Northerly line of land now or formerly of Lavinia Dick; the followjn;; tyro courses and dictances bainc? • along lines of said land now or formerly of Lavinia Dick; (�:) North seventy-six degrees ten minutes West thirty --seven feot arld Ififty-five one -hundredths of a foot to -a point; (;) oLth for y•- �I taro degrees twerty minutes West twenty --five feet and ninety-nin-Z one• -hundredths of a foot to a point in said Easterly line of .xw cr , ; is N. e� "'tAP., h:' TMvMA State tiigh�.ray Gaited -States Route Number 11 (Martinsburg and i Winchester Turnpike); and thence (6) Nort1h seventeen degrees fort; -six Minutes East, along said Easterly line of State Hi Q.l-A'aY United States Route Number 11 (Martinsburs and Winchester ^urn- E pike), seventy-two feet and sixteen one -hundredths of a foot to the place of beginning. Containing four hundred forty-Oight one thousandths of an acre, more or less; and being the sama xealty conveyed to the Clearbrook Woolen Company, lncorporated, by deed of Clc-arbrook Woolen Company, dated May 31, 10,46, any; : ac0rAed in said ::Ierk's Office in Deed Boot ljo, at Page �•2uo PARCEL NO All of those three certain a.cis or parcels •of- 1^nd lying on the North of Road No. 672 (Brucetown Road) at the -6- Q RcnK 360 PACE 504 Eastern ECi�a,C' of ClcerbrOCl, Situ "Ge i i1 S'i,oriezTa ]_l fii'-;- StErisl District, Frederick County, Virginia, being the sarue la_Yad con- fl veyed to Cle arbr.,ok Woolen Corc,,,.ny, IYIc. by deed of Cleatxbrock t Box Company, Inc. dated January 4. 196-, and recorded in the i Office of the Clerk of the Circuit Court of Frederick County, li j Virginia, in Deed Book 2853 Page 23, raorc panic lE.zly described by plat and survey of Richard U. Goode, mated Janua.rJr i2, i9?j6 as follows ; BEGIM ING at (1) a post in a, fence corner at the Southeast corner of the land of Aihcnz and in th^ 11cst line of the 1rhetzel Estate land; thence with said land S 40 ill W . 132.3 feet to (2) an iron: peg; thence S 880 22' E 250.0 feet to (3) an iron peg; thence S 00 581 W 225.0 feet to (4) a point in the center of Road -o. 672 opposite an iron peg on the North side of the road; thence with the center of Road No. 672 Ni 88° 221 W 250.0 feet to (5) a slight angle in the road; thence S 860 27' '1 425.0 fel-i; to (6) a point iai the censer of Road No. 672 opposite an iron peg on the North side of the roi-I and corner to tie Nichols Brothers' lot; thence with said lot Id 00 58T E 225.0 feet to (7) an iron peg at the Northeast corner of the Nichols Bros. lot; thence ii 860 27' E 2.49.3 feet to (8) an iron peg at the Southeast corner of the land of. Willey; thence frith �Tjlley IT 0° 12' y 150.0 Feet to (9) a stake, a corner to Willey in Aikens' line; thence with Aikens S 890 48, E 284.3 feet to the point of beginning, containing 4.38 acres more or less. 1 e_. -7- .- - - ■. - --- . T--- 'w OFFICE.., HARMON. bEXHAN 4h,.- TP40MA, w1110.t STFA .'k i BOUi� 36U PAGE JJ PARCET NO. _ 1_ _ 701-M: (1) A11 of that ccrtain lot of land with the 9uil�.in,s and flour and feed mill thereon and all. other irprovements thereon includin3 such fixtures and equipment real (which Uay not, however, be co;aplete nor in good condition), Wh{ch have been installed and there becom-a d part of said real est=te, such as: Diesel Engine, !ia er r�J3 1, Corn Sheller, Redre:.sirg -idget Varvel flour Rolls, Corn Peel, Corn Crusher, Foll.s, Ficuz' Pec'.tcr, Corn Cutter, Buckvj.ApClt Buh^ and Rolls, Pzncalce ti i , •:heat Securer, Flour yixer and j (mixer reel}, 'f1};.at Separator, SC21S (2 platrm foacid 2 hof�per), Dust CO::"Lct 2, Li ::s X 1 yF)e`rin.'3 and r rziars, Bolting, Line Shafts, Pulleys, � � 11iv gal , ti:� S''+ `ain-ln"; Orle-ha!f G+ld i<. t�C cones ,� less, lyir,'(' and bein, sit:.4tA just North of tha Clcuriarco:+: Woolen i-1111 in Frederic'.; County, Virginia., and on the E-st 5i'3 I of the Pennsylvania Railroad and m:re accur'atcly described. Ma li be^j nr,inr U J pproperty,thenCe at a stw!c: Corr �•� �?oi`h ^ to the Clear. broo!: �;:l:olcn I4i1 . c:ista,:ce of ninety (90) feet, more a: 1e�s, to the line of the P::nn6ylvani4 Railroad; thGncc Eacv �A dietarce of lu; feet, more o: lesa, to a Stake courier parallel i to th.. Clo:�rbroo.. woolen pr^operty; t _ence South a distance Of One Hundred Elshteer, (11°) fa::t, ::Or- o:� less, to a st�.:e ,���� to t;�e Clearbrook Voolcn Ccmj-�: t.y; hence a t. distance o? corner Two Hun:'re-d i� if ty--tilree f ect (2F3), more or loss, �,1 �,tst to 1 th:. b e��. nAcre., L_orc or lass; and :n,ng (2) All of that Certain tract. or parcel of land Iyir-g it E_Zst of Clearbrook In SLo;,e all i.aaistc_„ anal b c I situ:'tc: i ' LAw A0FICES BENHAM Wi 'HOMA 'tiCME.TFIt. VA. BOOK, 360 FACE 596 District, Frederick County, Virginia, on the north side of the County Road (crown as the Srucetown Rond) and improved by a large frau:y d:rellinS and other buildici;s, rore particularly described as follows: Baginnins at a corner with the V:oolen Fill prof:arty (at Clearbrook) and the center of said County Road, thence North } Y in the line: of the Voolen Mill property and 11. y. Dorsoy's property, a distance of Two Hundred EiShty-tiro feet (232), more ! or less, thence East a distanc- of One Hundred Twenty-three t i 1 (123), more or less; to a stake corner, thence South a distance � of Two Fiundred feet (200), more or leas, to the canter of the Ij said County Road; thence West a distance of One Hundred foot (100), more or less, with the center of the said road to tho point of bcSinninS, containing 26,750 square feet, more or le6n; and, (3) All of that certain lot or parcel of land, lyinv; and being situate East of Clearbrook in Stonouall Vlazlsterial District, Frederick County, Virginia, on the North side of tha Brucetown Rc.-,.d and East of Parcel No. 2 her einabove deacri.bed, and more particularly describod a3 boginning at a corner in the center of the Brucetow n Hood corner of N. E. Dorsey property; thence North in -the line of N. E. Dorso Tyro Hundred Feet more or less, thence East a distance of Thirty feet (301), mora or less, to a stake corner; -thence South a distance of Two Hundred Feet . (200' ), more or less, to the center of the Bruce - town Road; thence West a dint nco of Thirty (30) Feet, more cr less, to the point of bcSinninSsquare , containing 6,000 are fe; ; more or less; and, (4) All of that certain piece or p~arc'el of land, located at Clearbrook and situwted in Stonavall "agisterial Distract, in Froderick.County, Virginia, bounded and described _ 9 _ A. lf-- . e RF :Gr C. A 1 Ttic - MIN -1vEk I - . BOOK 360 pan 597 � f 33 fO11O:18, V;2: F1eV1► sing at a point at a cornor of land no:r or 0rv:arly of t're Clec.rbr ook Woolen Co -1pany and at the distance of One hlun :rcd Feet cazzuz-ad' Southca••twardly and at right angles; from a point in the line established, a,, the center line of th wain tr ac t of the railroad of the Cumberland Valle and X.z tI .Zbu1�__ Y Railroad Co:-.pany, knosin as the Curzberland Valley Branch, I Philadelphia Division, said beginning point being also at the i distance of Tvo Hundred _cventy-eig5t feet and twenty-nine orl � hundredths of a foot ra.2asured North 242 degrees, Twenty minutes. i East along the line dividing land of the Raid railroad corL;oerij ; on the northwest, from -said land now or formerly of the Clear - brook Woolen Co;z any on the Southeast, as measured on the 1' . e � i parallel with and distant One flundrad feet Southoast ardly and � at right angles from the said center line of the main tr sct of railroad, from a point in the oa3ter1"T line o Sta" T i � f JGa�� (U. S. Route Ill) 80 ft. wide (: rtin.sbur- and Winchaster Tu: ;- pika ); ETfM Dr(JG fro t�'a sp id t, to Lz!Zirn�.n�y point, i;,o 1 r„,llowin f oUZ-� courses and distances; the first two thereof being the land, of the said railro d co-opany; (1) North forty-t4—. degro:;­Z t ,:r my minutes Last on a line par"j]XI with and distant One hundred j feet measure southcastwMrdly and at right at�;lcs from the sa?d center lire of the c:"in tract of railroad, ninaty feet to a point; 2 South fort f y�rA � 2l y-....y cn d��l �.cs forty rAnutes E.8t sixty-- thre feet to a point in the ?orth�:,_lsterly ling of th," land f occupied by thy; Cloarbrook Flour plill; (3) South forty --two degrz�es 20 minutos Was,, aloe the said northwesterly linti of t„� ' last ^entio, cd land, nynety foct to a point at a corner of zaid lazt mentioned land and in the Ncrthcastorly Zia of the said .ard iG:! Or f0rl-A., " V of the Clea.rbrook, `.vTcolen Company-- °- j V..�r L J al t ry; 3iid (4) North forty -coven degrees forty minutes rest along the caid — 1 O e. D -Z3 \M 0. e HOOK T;0 FhrF .Y08 ! 21ort"._­wstc.-ly 1:.ne of tti:: last r:cnt'_on_,ft 1D.rd, si;=ty-thrya feet to the place of beginni nc; CONTAINI2 G Five Thousand Si:: Hundred Seventy squares fe_t, � `=r� or less, or One :lund_jod Thirty -on' Thouc_2rldthv, of an Acre, more or le:n; and bcin:; th:: Gamma malty conveyed to the Cle rbrock Woolen Con,;nny, Inco.•por: bod, by deed of John P. Allen, Trustse, dated April 27, 19;,1, and recorded in I said Clerk's Office in Deed Book 218, at Page v,80. PP-RCEI, wO, F17JE: All of that certain: t: ct of land containing one acre, improved by dwelling, store -room, barn and outbuildings, 1 located in Stonrv:all District, Frederick County, Virginia, alorij, the E-^st side of the Ml rtinsbur Turnpike, desiCnated as Route fill at Clearbrook and more particularly described as fo11:)=as: Beginning at a ;ate post in the line of slid lane? ale:13 the said I artinsSuAg Turnpike, and running S 1i8 South;ac'st 4.88 poles, to a post in the line of the Tu: n ike; thence with it S 21-3/4 W. b.5a poles to the Intersection of the said Turnpike, and the B_uceto:rn road; thence along tho saiu Brucetowr. Ro-d N. Wz E. 32.8 poles to a planted rock; there: 2T. 71-3/4 ,d. 28.2 poles, to the bcginni„g; and being the sai:za realt.li i conveyed to the Clearbrook:Woolen Company, Incorporated, by de--d of Jane Dick Jolley, Attorney in Fact, etc., dated Scptorbor 10, 1951, and recorded in said Clerk'o Office in Deed Book 220, at 3 !1 Pa„n e ,� PARCEL NO, S I'e : All of those two ccr twin adjoining lets of lend Situate' on and lust North of the road leading froal Clearbrook to Bruce- town, in Stonev.all District, rraderick County, yirsInia; being i! more par;,icularly d-escribed by a survey of i,ea A. -Ebcr t, deted -11 - onnyr ��(� cart 5qq 2;ay 20, 19;5.3, as follows. PARCEL 11AIt - 25.18 Acres: L:�SiMCI iriS at ( 1 ) a meta-! post in the northern boun,�ary line of the Bi.ucetotirn F.nad, a corner to the Clearbook Woolen :.ilk. Iot rennin; with %;he three followin7 lines of th- said Lot Fi 10 -,Lit W - 192. 7' to (2 ) metal post; thence 1d 630 21.' W - 160.81 to (3) a c:otal post; thence N 410 17' W - 165' to () an iron pin corner to the F.^.il-- road lot; thence with the tN•.o follov:in3 lines of the said Lot N 480 33' L 267.6' to (5) a concrete arl�er; thence N 380 23' E - 748.1' to (6) a post corner In the Rawl o�ad ri ht o., way thence viith the said line N 480 23' E - 591' to (7) a post corner to the Cline Land; thence with e line of the said lam: r S 650 55' F. - 671.2' to (8) a set stone in a line of tho Whctsell Estate Lane:; thence .-ith the tF:o followln�,- lines of the! 0 1 said lard S 37 54: is - 663.3' to (9) a port t --r,ce S 40. 400: to (10) a sta kn_ corner to Pa: cel " "; the -nca with lin'.; of the said. Parcel N 890 43' W - 283.2' to a stare corner to t;:e R. W. Tilley lot, and conz;inuinS 14 890 48' W - 413.2', iN ALL, to (il) a corner to the said .lilley lot, the said corner being l in the center lire and at the eastern end of the 40' Pine ` -.'. � i��- � -aid eastern line N 000 12' E - 20' to Str". 0, Thence :ram,,,. ..he c, _ . i (12) a stake corner; the maid corner being in the northern line � i and at the eastern end of the said sty-c:at; thonce with the R n 11 orthern line of the said stroct N 890 43' w - 24Ci to (13) c. stake corner to tha :meson 0.24 Acre lot; t'n::nce with thr: th�Ev folio::inz ilnos of tha saiu lot N 270 27' E - 61.6' to (14) thence 11 620 33' >1 - 133.31 to (15) thence: S 070 27' I 130.3 I to t, :6) a stalte in the northern line of Pine Stve ,t, trenc:: with; the said line N 890 48' ;•1 . 200' to (17) a s tak^ at tlac section of the said llr•:e wlth the western. li :n of the 501 Xi'lple - 12 - 6UUK�jCj PAGE �UU Street; thence with. the said line S 000 12' W - 370' to (18) stake at the intersectiot, of the said line with tha northern boundary line of tha Brucetoan Road; thence with the said road line S 880 571 w - 51.8' to the beginning. PARCEL "B" 0.89 tore. Beginning at (P.) a stake In the Western line of the Wh.etzell Estate Land, corner (10) to PARCEL "A", running with a portion of line (10) (11) of PP.RCE.'a "All N 890 48' W. 283.2' to B a stake co 1 ( ) rner to the Willey L:��; . thence with *the eastern line of the said lot S 000 12' W -. Al4 � to (C) a stake corner in the northern line of the Box Factory Lot, thence with the said land S 890 48: E - 273.5 t to (D) a stake corner in the said Whetzall Estate land line; thence with the said line N 40 11.' E - 140.3' to ttie beginning; and being the sarre realty conveyed to the Clearbrook Woolen Company, Incorpo•- rated, by deed dated May 27, 1953, and recorded In said Clerk's Office in Deed Book 227; at Page 531. tract: LESS the following twe (2) parcels conveyed off said (1) All that certain lot of land, Iodated just North Of but not adjoining the Brucatcwn-Clearbrook Road, in Sto,4aa11 District, Frederick County, Virginia, adjacent to the ether property of the C-learbrook Woolen Company, Incorporated, on tba North and to the property of Russell 1-1. Willey on the South and being ncre.particul rly described by a survey of Lee A. Ebert,. dated June 15, 1S53., an follo}is: Beginning at a stake at the intersection of to northern line of Pine Streit with the line at the E stern end of the 3aid .^)V a'.t, runnir'3 wi-th-a line of t hi: A. 6;w:i' S. COO 12' h. i 18.1,- feet to a stake ccr ner to the Russell W. Willey Lot; thence with the north..rn- Zinc of the two Willey Lotc N. 800 27' E. - 13 - u tooK 350 PALE 6() i 130.3 feet to F. sta}_a co,n,r in a 11ne of the Other Ln-nd of t'--e ; �.T e ^ y a`_,� said Other T- i �OUir to be conveyed to � C � nool..n �o:.:p an tii��. a�..�'� �tler l.�ir.�� 3 . �. Halvosa, T/A Swimley Bo Factory; the7ce with a line of the :aid r o r ! Other Land Pi. 00 12: E. 10 feet to a s.,aice co,-ner to the pro- ' posed Convey_-nce; thance Fritil line of the Other Zznd zf the said Woolen Company, the said line being the northern lint. of Pine Strect extended N. 390 48, W. 130 feet to the begin:-_rg. o 7�3 ,-- 'FF:., AaaiS. 9cw..sti • ~%NEST{ � v►. Contalnin- - - - 1892.5 sq. ft.;. and being the same realty con-- veya:d by Clearbroo?; Woolen Company, Incorporated, by deed to Russell W. Willey, dated August �, i9�3, and recorded in se.id Clerk's Office in Deed Book 223, at Page 426. (2) All that certain lot of land located juwt north of but not adjoining the B. uceto�m-Clearbrook Road, in 3t;i►n:: �•l . District, Frederick -County, Virginia., and bein;-adjacent to the othar property of the Clearbt-^ool: Woolen Company, 1ncorpc_,atad, on the Norte and property of A. C. Halvcse on t ha South and being Lore particularly .described by a survey of lee . A. Ebert, i dated June 15., 1953, as follows: Beginning at a stake corner to thle 1852.5 sq. ft, ! Tract about to be conveyed to Russell Vt. Willey, -the. said Starke ! being located by mz Turin- 130 ft. eactwardly along the eXtCnCcd i = northern line of Pina St: aot frou ita caeto: n end as sho..n oil i ! Ej the Plat of the Aikens Lots in Deed Book 196 - Page 430, runnir. with the eastern line of the said tract S 000 12t W - 10t to a corner to the said Tract and to the lot conveyed to the said {� I Willey by ^ ik2ns in Deed Bonk 226 •- Page 569, and con tinuin- t% i } the eaete.�n line of the said lot S 000 12# W -� 150 fc., 1N t0 t^, s ake cojni. r irl tno northern line ofthe .'7:Vir.3iL'y Bo, Factory Land; thence ,rit1, tha said line N 8060 27t Sast - 277.7 ft. to a stake cor► er in the 'Wastern 1-ir:e of the Whetzol L{{state 073, 360 D-GE 602 id jtn t�.,: lime i�for'I"A err- :I.1' East 132.3 ft. fc. L�.t tt�er,ca N a stake corner to �.,he Woolen Ciinpany l s other land; thence with I� a line of the sa�.d Other Lan i1 89° 4,51 W - 2,94.3 ft, to tie bc-inninS; and being the sc me rewJ_ty conveyed by Clea :'b_ co:= i l-ioolen. Cornpar!y, Incorporated, to A. C. Halvose, trading as �+ swimle`;; Box Factory, by deed dated August 5, 1953, and recorder I i 3n sa.L Cleik's Office in Deed Book 252, at Page 209. PARCEL NO. SE,TEN : All of those three certain lots or parcels of land. designated as Lots No. 44, 45 and 40" of the Aikons Sub d_t�r__sion, as shown on plat, of record in the Office of the Clerk of the Circuit Court of Freder.,ck County, Virginia, in De-ed Book 21' at Page 189; and being; the same realty conveyed to Clearbrook Woolen Compamy, Incorporated, by deed of Garland Mason, et ux, dated Hay 27, 1953, and recorded in said Clerk's Officc in Deed Book 238, at Page 458. 91 -15- Exhibit C Clearbrook Presb-,,rterian Church, Clearbrook, Virginia Claude T. Gore, it " Billy L. Miller, It it W. M. Lemen, It it J.L. Patterson, if It George T. Grimes, It " Elsyie Willey, it 11 R. K. Y-acMillen, " it Linden L. DeHaven, E. 0. Rudolph, Alfa Cement Co., 15 South 3rd Street, Easton, Pennsylvania W. S. Frey Co., Inc., Clearbrook, Virginia Penn Central Railroad, West Boscawen Street, Winchester, Virginia