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Home My WebLink About03-06 ApplicationLOCATION: East Parkins Mill Road (Route 644), Lot 51 MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 77 -A -51 REASON FOR VARIANCE: Narrowness VARIANCE APPLICATION #03 -06 MATTHEW ROBERTSON Staff Report for the Board of Zoning Appeals Prepared: April 10, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff lo provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also he useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: March 21, 2006 March 31, 2006 April 18, 2006 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant Action Tabled Applicant Withdrew Request Action Withdrawn ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Business South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: 36' variance for side yards (resulting in 14' side yard setbacks) Variance Request 403 -06, Matthew Robertson April 10, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A -2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35' for the fronts and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60'front, 50'rear, and 50' to both sides. This variance would change the setbacks for the side yards to 14'. STAFF CONCLUSIONS FOR THE APRIL 18, 2006 MEETING: The Code of Virginia, Section 15.2- 2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant is seeking a variance of 36' variance for both side yards. Should this variance be granted, the building setbacks for this property would be 60' in the front, 50' in the back, and would change to 14' on the sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2 -2309 (2). This request from the current setbacks of the RA zoning district may be justified. SUMMARY AND ACTION OF MARCH 21, 2006 BZA MEETING: Mr. Perry made a motion that this request be tabled until they have the information they need to grant the variance. Mr. Rinker seconded the motion and it passed with a majority vote. APPLICANT WITHDREW THIS VARIANCE REQUEST ON MARCH 31, 2006. i April 4, 2006 Mr. Matthew Robertson 112 Plantation Dr. Winchester, VA 22602 RE: VARIANCE REQUEST #03 -06 Dear Mr. Robertson: This letter will confirm your verbal withdrawal of the above referenced application on Friday, March 31, 2006. Your request on parcel bearing Property Identification Number 77 -A -51 was for a 36' side yards variance. We would appreciate it if you will submit your withdrawal in writing to this department as soon as possible. Your written withdrawal will be presented to the Board of Zoning Appeals members at the April 18, 2006 meeting, so that this matter may be concluded. If you have any questions, please feel free to call this office: Sincerely, afIc R. Cheran Zoning and Subdivision Administrator MRC/bhd Department of cc: Jane Anderson, Real Estate John Trenary, Inspections Robert Kennedy, 2264 Senseny Rd., Winchester, VA 22602 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COU Y of FREDERICK 1 rj rrl, i ment r11 65 -5651 FAX: 540 665 -6395 77 FRANKLIN, ALBERT,C KIMBERLY D 77 A 56 4 I� IU:RN; TODD J .I� I AIL Al■ tT7 A 65 WELSH, LUCY JANE TRUSTEE 9 APFlication Lakes/Ponn ds .q.— Streams Buildings Tanks Parcels O SWSA Map Features Bridges "el Culverts /b On Ao Retaining Walls Road Centerlines Ro N Trails UDA Q Zoning B1 (Business, Neighborhood District) MS (Medical Support District) B2 (Business, General District) Q R9 (Residential, Planned Community District) 83 (Business, Industrial Transition District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) EM (Extractive Manufacturing District) HE (Higher Education Dis&ict) M1 (Industrial, Light District) M2 (Industrial, General District) MI91 (Mobile Home Community District) 0 100 200 Feet VAR #03 -06 Matthew Robertson (77 -A -51 400 77 A— 61, ORNDORFF, KAY W. 'p f 77I A I56A 1 MILLER, PAUL E. ROBIN M. s,hlil1�R .ma W 77 A 49 FRANKLIN, ALBERT C Ii KIMBERLY D 77 A 64 HARRISON, CHARLES 4Y. 'A 4•4 ORNDORFF?ROBERT D V; R. PATRICKS WATTS :NMARIE L) 1 AP�66 TRUSTEE WELSH, L UCY JANE r r l t DYHE,YH JR 41A 1k l 77 A 43 04415• CORA LEE'. AIWA 40730T PAYTON, SANFORDB np56A MILL PAUL E. i ROBIN 94 d 77,/A ('56',� i /HERN,TODD'J Map Features 9Applicarion n/ Bridges CulveHs Lakes/Ponds Dam iv...— Steams Retaining Walls Buildings Road Centerlines Tanks w. O Parcels Y Trans 0 SWSA 04, UDA Zoning Q Bt (Business, Neighborhood District) MS (Medical Support District) 92 (Business General District) R4 (Residential. Planned Community District) 33 (Business, Industrial Transition District) R5 (Residential Recreational Community District) EM (Extractive Manufacturing District) 7 RA (Rural Areas District) HE (Higher Education District) 0 RP (Residential Performance District) Ml (industrial, Light District) Q 142 (Industrial, General District) MHt (Mobile Home Community District) 0 100 200 Feet VAR #03 -06 Matthew Robertson (77 -A -51 400 s March 22, 2006 Mr. Matthew Robertson 112 Plantation Dr. Winchester, VA 22602 RE: VARIANCE REQUEST #03 -06 Dear Mr. Robertson: MRC/bhd The above referenced application was tabled by the Board of Zoning Appeals at their meeting on March 21, 2006. Your request on parcel bearing Property Identification Number 77 -A -51 was for a 36' side yards variance. The Board has requested that you submit a stakeout survey showing the house footprint on the plat. Your variance request has been rescheduled for the April 18, 2006 Board of Zoning Appeals meeting. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator cc: Jane Anderson, Real Estate John Trenary, Inspections Robert Kennedy, 2264 Senseny Rd., Winchester, VA 22602 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 9g' ICK Planning Dev o Department of Pla g p ment 540/665 =5651 FAX: 540/665 -6395 VARIANCE APPLICATION #03 -06 MATTHEW ROBERTSON Staff Report for the Board of Zoning Appeals Prepared: March 9, 2006 Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Stcff7o provide information to the Board of Zoning Appeals to assist them in making a decision on this request. 11 may also he usefid to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: March 21, 2006 Action Pending LEI? LOCATION: East Parkins Mill Road (Route 644), Lot 51 MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 77 -A -51 PROPERTY ZONING USE: Zoned: RA (Rural Areas) Land Use: Vacant ADJOINING PROPERTY ZONING USE: North: RA (Rural Areas) Use: Business South: RA (Rural Areas) Use: Residential East: RA (Rural Areas) Use: Residential West: RA (Rural Areas) Use: Residential VARIANCE REQUESTED: 36' variance for side yards (resulting in 14' side yard setbacks) REASON FOR VARIANCE: Narrowness Variance Request #03 -06, Matthew Robertson March 9, 2006 Page 2 STAFF COMMENTS: Frederick County adopted zoning in 1967. The Frederick County historical zoning map shows this property was zoned A -2 (Agricultural General) in 1967. The property setback lines at the adoption of the zoning ordinance were 35' for the fronts and 15' for the side yards. Frederick County amended its Ordinance in 1989 to change the A -2 zoning districts to the current RA (Rural Areas) Zoning District, making the current setbacks for the property: 60'front, 50'rear, and 50' to both sides. This variance would change the setbacks for the side yards to 14'. STAFF CONCLUSIONS FOR THE MARCH 21, 2006 MEETING: The Code of Virginia, Section 15.2- 2309(2), states that no variance shall be authorized by the Board unless it finds that a) strict application of the Ordinance would produce an undue hardship; b) that such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and, c) that the authorization of such variance will not be of substantial detriment to adjacent property, and that the character of the district will not be changed by the granting of the variance. The applicant is seeking a variance of 36' variance for both side yards. Should this variance be granted, the building setbacks for this property would be 60' in the front, 50' in the back, and would change to 14' on the sides. It appears that this variance meets the intent of the Code of Virginia, Section 15.2 -2309 (2). This request from the current setbacks of the RA zoning district may be justified. c 0 0 0 0 Et a> n ca MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other (Check one) 2. APPLICANT: Al( 46_,124 OCCUPANT: (if different) NAME: NAME: kAP Kt 1-- ytvt� L j ADDRES /2 ta44 4 ADDRESS: 2.$' Ay d 0 n itc- ilimitc.ster rA V o2- 0) ✓1 2i/,g ei, TELEPHONE: 4 TELEPHONE: Page 5 of 9 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA 3. The property is located at (give exact directions and include State Route numbers): ,l 50 F Lei+ .4 r wovt -inj mr /l f' i mil/ On "r_`'4 K- d r r 1 1 P/i •1"S/ c&f4 er r l c fi4a rs pei, r (-0 4. The property has a road frontage of 70 feet and a depth of u C feet and consists of 35 acres (please be exact). 5. The property is owned by \�i,� 1 i l a r as evidenced by deed from j4wv. {�4+,fp; 1- till ei tprt recorded (previous owner) in deed book no. i u on page i 74 of the deed books of the Clerk of the Court for Frederick County. Please attach a copy of the recorded deed. 6. Magisterial District: P c;. ,ih.. o e 7. Property Identification No.: '77 4 8. The existing zoning of the property is: 9. The existing use of the property is: VA carte 10. Adjoining Property: North East South West Vet' kG,r\;,Z ef,f; f (d 15 USE X e, s, dtn./, f /�£3•G ZONING /Zg Kra 11. Describe the variance sought in terms of distance and type. (For example: "A 3.5' rear yard variance for an attached two -car garage. Ins-1 Ilea in o r f 1 4 0 4 (3 B gloom °4"1/°) 0:)690 -f 22 v ifith 4. &'O 12. List specific reason(s) why the variance is being sought in terms of: exceptional narrowness, shallowness, size or shape of property, or exceptional topographic conditions or other extraordinary situation or condition of property, or the use or development of property immediately adjacent thereto Page 6 of 9 FYC,nkfA A 094 4 if kilhe -tri Address e ,o �,1 f7 11 Property ID 7 7 A_ y q Pour al VIS 'fit) c bn Rd c'Ci it SICl/Ailt; Address ad E 1, M Property ID 7 7 1 J 5 6 Ci4f(es old e% n S✓n a n Address 2.3(c g. fig:leifrf ,g0i Property ID 7 7_ A. s a Mori? //JJd- x06{'1 bdO\77 S Address -33 mr /i woa1 ,0 Property ID 77_ qt) J 4 W LArei.Sta "y re1 Address 233 e. pa i-i eli 11 l c l, Property ID# 7 7 -A (o Address Property ID Address Property ID Address Property ID 13. Additional comments, if any: 5 L f„ l e) car 2. 4i'6 +r A "IC Y, 4V G G ;V/ x 14. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the variance is being sought, including properties at the sides, rear and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: NAME Page 7 of 9 15. Provide a sketch of the property (you may use this page or attach engineer's drawing). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining pro•erties. Please include an other exhibits drawings or photographs with this application. --Pa e 8 of 9 z r 4.4•. ...."roonbi1/44il• 4.1 331 Ut3ai IggNtkr Scale ti% erfor.rn trer. ..j7V !ARCM "B" 'DIMAS D. GSA liDITLX TItACT SHAWNEE DISTR IREDERICK COUNT( Wiaal Seale 1 Ktrth 1966 See% 0.14.208 Paaa.78 lion Paul Neff QUENTIN R. SNORT, ASSOCIATES CERTIFIED. LAND SURVEYORS 23 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 22601 AGREEMENT VARIANCE 03 0(n (Number to be assigned by the Planning Dept.) I (we), the undersigned, do hereby respectfully make application, and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right -of -way until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLJCANT DATE a 4 /J SIGNATURE OF OWNER DATE (if other than applicant) BZA PUBLIC HEARING OF OFFICE USE ONLY- 7 AP fv 6 ACTION: DATE- APP OVAL SIGNED:o 3 41 (rte DENIAL DATE: L iI ��ID� Br A CHAIRMAN Page 9 of 9 &it C&If TA Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That I (We) (Name) 120 P r 't 1 t r vt vt to (7 f (phone) s `/Q 6) r —06- (Address) J)(� �Cny -e'- P---CA l /t /1/v tai i i eJ 1/L 7_2107_ S�07_ the owner(s) of all those tracts or parcels Of land "Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. (O 7 V on Page and is described as Parcel: Lot: Blocic Section: Subdivision: do hereby make, constitute and appoint: 0 itU (Name) Ae J h f o' (Phone) 57— /6:J (Address) I f Z Pwr s» v 42 A 4-t 202 0 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 1 day of _Fe 6 200 (o Signature(s) _who in 7. and has:a My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: Virginia, City /County of a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) ed to the foregoing instrument and who is (are) lmown to me, personally app before n�yye wledaed the same before me in the jurisdiction aforesaid this../ day of 200 co My Commission Expires: 29157 otary Fbb1ic Special Limited Power of Attorney County of Frederick, Virginia Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan To -wit: *1 Get the benefit of extra living space and unique elevations on the Arnett and Atwood. Each offers a spacious, open layout with Large bedrooms, plenty of closet space and exciting glamour master bath designs. v4 Vol 0 1.wflL- c4»'..v �7' or C IIIC4 viv pccokzP /4JG TV 7 Ptt?e/ /T pimlv$;pry r.Su ly and /or Sewage Disposal System Construction Permit Commonwealth of Virginia Department of Health Health Department General Information Water Supply System: New Repair public— FHA VA_ Case No Sewage Disposal System: New c Repair_ Expanded _Conditional Public_ Based on the application for a sewage disposal system construction permit filed in accordance with Section 2.13 E, of the Sewane Handling and Disposal Regulations and /or Section 2.13 of the Private Well Regulations a construction permit is hereby issued to: Owner P8-1.4 P8-1.4 L Ds`7 S' Address r I I a led *ILL be construc r Subdivision ype 1 Water supply, existing: (describe) To be install e class 7 L_ G� cased -f grouted 60 Building sewer: I.D. PVC Schedule 40, or equivalent. Slope 125" per 10' (minimum). Other Se-. "c tank ..acity yL SrEn F or a led on /at SZ7 6 •3 S 13; 6 Section /Block Lot DESIGN Inlet outlet structure: PV Schedule 40, 4" tees or equivalent. Other l 2 Fa,, LC mp and pump station: No Yes describe and show design. if yes: Gravity mains: Ib. crush strength or eq. alent. Other Distribution box: Precast concrete with Other 202A larger I.D., minimum 6" fall per 100', 1500 ports. Header lines: Material: 4" I.D. 1500 Ib. crush strength plastic or equivalent f distribution box to 2' into absorption trench. Slope 2" minim Other Percolation lines: Gravity 4" plastic 1000 lb. per foot bearing slope 2" 4" (min. max.) per 100'. Other Absorption trenches: Square ft. required bottom of trench Trench botto lope center to nter spacing Dep if aggregate s. (min d or equivalent, depth from ground surface to aggregate size trench width Date NOTE: SEWAGE DISPOSAL SYSTEM INSPECTION RESULTS Water supply location: Satisfactory yes no comments Completion Report G. W. 2 Received: yes no 0- not applicable Building sewer: Satisfactory P eatme Satis ry Inlet outlet structure: Satisfactory Pump 8 pump station: yes no comme s Satisfactory Conveyance method: yes o comments Satisfactory Distribution box: yes no comments Satisfactory Hey: clines: atisfactory Percolate Satisfactory Health Department Identification Number O g g 09/22o Map Reference 7 7 -4 ines: Absorption trenches: Satisfactory 77fE YO/u J`. to 6C r,/' =3 Telephone S 7/ -218-12,, Sewage Disposal System or Well to Actual or estimated water use M4 yes no comments yes no comments yes no comments yes no comments no comme Inspected and ar Sanitarian mmen Health Department c drawing of sewage disposal and /or water su Identification Number pply system, and topographic o b 9� o how lot e lot lines s of the building site, sketch of property showing any topographic features. we lt se lines system, itm i sfte sk existing feet. I h e schema3ic drawing of the well site or area and /or sewage disp disposal system shall show sewer systems and wells within 200 pump tion, conveyance system, and subsurface soil and/or may pact tr the design unit the s upppY is to be permitted, show all sources of pollution within 200 system reserve area, etc. When pretreatment rP stem are r ent unit 4 above has 00 feet. en a nonpublic drinking wate The in required as been drawn on the attached co Attach additional sleets as necessary to illustrate the design. r PY of the sketch s bmitted with the a b /Vat To S cwl� 61/71 A/ C e application. 4ltc 1N c L: —t w Cv Sct, 1�� o f.LGw: col O Cay.ev (O R• 5 ‘.4 5,ost( 6 c if tt o SIoP I •as P�- 1oFte o Jo go- 5 No bo,,a1s 795 m act,. hs Cu Y sv-&R V C C o co5O (col I ats(i s S PvDF {y t c �6, etch t, C t., S t et? This serwage osal system and /or water su j Q 6( the permit —__or attached plans and specifications to b e%�nstructed as specified plans and to b e%�nstructed as specified by This sewage disp osal system and /or well construction permit is null and void if a application (b) con conditions are changed from those shown on the ditions are changed from those shown on the construction pe No part o f any installation shall be covered or used until inspected, corrections made if necessary, department 11 or unless expressly auth orized by the local health dept. Any part of made and approved, by covered prior shall 7 u 9O ve� O necessary, upon the direction the Department. any installation which has been alto Date: dts P A P r 7,.sk,.," l 4.1 c. f- c.(( at-v1 `1 M 19 A 1.o4sc q5 c cucs 6t(t *Lc 1�t.: />\eGS .ev.,e 'F S to et- tor t44t4 1.40 4 Co63 34- acek.a la secc- tto ICyo9/8. 0 -60K) DY4;1. F; c. \cJL c.U.ctel ey N cF F exw__/IAltcl.,J I LC,/ ctk0 c�CCttc j s(e- c. t 41...k P. G wt,r(4; o'- h oc "SI c F.41vs {bF ke, b etc/ clo .i e. O'.t'r.c ol..,>{ o(- 6 ex Q- $.X lwc(e a nitariar rviso Sanitari If FHA or VA financing >cG 3 ro Reviewed by Date !°c7? /a T 6/i/i� Pi C.H.S. 2028 Date SUDPNicnn, c__.. f9. 3o Health Department Y L7�_ Identification Number O 69 04 12-2-0 rawing of sewage disposal and /or water supply system and topographic features. how the lot lines of the building site, sketch of property showing any topographic features which may impact on the design of the well or sewage disposal_ system, including existing and /or proposed structures and sewage disposal systems and wells within 200 feet. The schematic drawing of the well site or area and /or sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance system, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be permitted; show all sources of pollution within 200 feet. O The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate th_ .esign� S C4 (t h to lvava� SO Ri• 6 4y h Ou-∎- t,o A 51 lily 41a. v. /A* 4-eak1 44 +0 -A-5-0 tp(y 0 w t,.t.,. 41.:6 15 44^t elvo.lh F t aJ 0 "-L..tv` (Pe Efe(.) —3 Ec• a� la c tt 6 U,c(I 66 (4$ /4v0vt y o Stt Lc' F 'ro«•, is vt..-+t of --k Date: k r:evo`Ai..att cat( otva; a1 dy Ftt10(s• ,SO fro a ll drat. F, e(c� (ot4t +-s I'.kt Scf'E:t"t'e. c4 bog Lev St i' t.. .ttt eta- Co vr a•S C(asc a.5 (0' Date: C V/ o If FHA or VA financing Reviewed by Date C. H.S. 2020 7,-A I ---r k o w(ti r a G y y (9 Fr so r kt 0 NIC Ovtvl. 0 (Re ..0 bouSC i,1�ot j :s Is a v(.Y YE, (Nut Iac' ttat., IS Scicc :F:t •••.•1 ae'k 10 be etnPtn)t c( t.t14(.•e.f Ircc..tS Ik et c&ee vaveJ, Alt, kt $u.0 aU {4 Cr SVY CY CW c ■t L actic �I a...of' Std (sacks r"'e• This sewageiposal system and /or water supply is to be constructed as specified by the permit —or attached plans and specifications 0 6o. a�v a:•• fact Ste Gil s et t•‘.• \f SO- 44 -okq This sewage disposal system and /or well construction permit is null and void if (a) conditions are changed from those shown on the application (b) conditions are changed from those shown on the construction permit. No part of any installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncovered, if necessary, upon the direction of the Department. S. A aianitanan �t upervisory Sanitarian V4Lln tut/ 06 -30 0 96- 1213 Cloy C Issued by Reviewed by This Construction Permit Valid until 6I /Oc e. Sup i orynitarian Regional Sanitarian OXGrorGT74 NOTARY CERTIFICATE AND ACKNOWLEDGEMENT I, Virginia Ritter, after having been duly sworn, do atate that I wan a notary public for the County of Frederick, State of Virginia on May 1, 1967, and that Thomas D. Golightly and Nasal Golightly, whose names are signed to the foregoing deed dated April 19, 1967, personally appeared before me and acknowledged the DAMS. The notary acknowledgement on the foregoing writing contained a clerical error which failed to list the names of Thomas D. Golightly and Hazel Golightly as appearing before sme.z Given under my hand this day of April, 198B. ^-ei R VIRGIPAF1TPTA 4 4 (SEAL) Subscribed, sworn to, and acknowledged before c l e1fliffi Iset.kv a Notary Public in and for he state of Virginia, At-Large, this :20 day of April, 1988, by VIRGINIA RITTER. My Commission expires Arai 19.19M M ida 1 thereunto belonging: Recording Information: Amount: $40,000.00 Tax Map Parcel No. 77 -A-51 Grantee's Address: 2204 aenwny Road, Winchester, VA 22802 THIS DEED, made and dated this 21' of March, 2005, by and between JAMES A. PHILLIPS and VIVIAN J. PHILLIPS: husband and wife, and LARRY L. BARNETT, hereinafter Grantors, and ROBERT BERT R. KENNEDY hereinafter Grantee.... WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general warranty of title, unto the Grantee, the following described property and appurtenances All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing 1.351 acres, more or less, Tying and being situate along the Southwestem side of Virginia State Secondary Highway No. 644, commonly known as the Parkins Mill Road, about six miles Southeast of Winchester, In Shawnee Magisterial District, Frederick County, Virginia, as more particularly shown on that plat and survey of Quentin R. Shortt, Surveyor, dated March, 1966, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 331, at Page 685, and rerecorded in Deed Book 678, at Page 775; and being the same real estate conveyed to James A. Phillips and Vivian J. Phillips, his wife, and Larry L. Barnett, home sole, by Paul N. Neff, Sr. and Lottie M. Neff, his wife, by Deed dated April 20, 1988, of record in the aforesaid Clerk's Office in Deed Book 678, at Page 777. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance Is made subject to all restrictions, conditions and encumbrances of record and contained In the deeds forming the chain of title to the above described 11 o j r Property provided, however, that the foregoing shall not be deemed in any way to i reinstitute or repubish any restrictions of record that may have expired or lapsed. Grantors covenant that they have a right to convey said property to the Grantee; l that they will execute such further assurances of title to said properly as may 3e requisite; i 1 that they are seized in fee simple of the property conveyed; and that I I have cuiet possession of said property free from all encumbrances. WITNESS the following signatures and seals: James A. Phillips :GSEAL) Vivian J. Phillips Larry L. Barnett STATE OF VIRGINIA AT LARGE CITY /COUNTY O to -wit: The foregoing instrument was acknowledged before me thisa_`y yofMarch, 2005, by James A. Phillips and Vivian J. Philips. My Commission expires: At Cnrnmistn EpIres 4/300. Notary Public ty LL Y'. n= .t o ze t 2 i� T r SEAL) (SEAL) 2005, by Larry L. Barnett. MY CM/Seel EQUIESMNUARY31, 2009. My Commission expires: STATE OF VIRGINIA AT LARGE MY/Gamily OF til.h to-wit: The foregoing instrument was acknowledged before me this -2) S 0 e A'P rn S 0 ov 33991 VIRCUNIA: FREDERICK COUNTY, SCI: Ibis inartanont 01 writazg las pi cduced to We on at and with otrtlikate of ackeodedgement thereto annexed 11211 admitted to record. 7' 'voted by sec sa.1402 of sat-sot have been paid, if sealabler day of March, BK670 bearing aforesaid. and acknowledged the saneoaally appeared before on, in q bean Given under q Lead thin 1 day ot"p°Z967. Ly mor®feeion expire Dri 444 .S—I tei La..,.A.a_ Vrorrn rmsrcr mum iCt. r' •.�n nl• w.ny MVP Modundbrw :04 4�..wraaengyeeeot d °h,e, 1 1L �eG� ww eWbtd 4.1/U0• 07, W1 6 4.?" 4 \.,(c/ tory public i OK678r67T1 211111 DUD made and dOU 3:.0 act 1)61 s tad this 19th day of April. 1967, by and bittern, Thome D Oolightly and Hwl Colightly, bit wife, pattice of the first part, and Paul N. Heft and t=itle N ,Nefl, his wife, parties of the second part. VITHBSSfTHt t,. 'That for and in eoanideratlon of thane= of Ten Dollars (910.00)'heth in hand paid and other good and valuable teeelderatlon receipt of all of which is hereb .the 7 ackrorladpd, the said parties of that e=rrs part do hereby grant, sell, and convey, with general warranty of title, unto the portlos of the 'stood part, with cows= law right of survivorship, c lot or parcel of land containing 1.331 acre, more or less, lying and sate along the Southwestern aide of Virginia State Secondary Highway No. 644, commonly known as the Parkins 11111 Road, about mix miles Southeast of Winchester, in Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land that vas conveyed to the said Thomas D. Collghtly by Dickson Collghtly et tug, by dead dated December 18, 1948, and of reran in the Clerk's Office of the Circuit Court 01 Fredalch-8n=ty, Virginia, In Deed book No. IDS, page 78. A plat and mates and bounds description of the within conveyed land made by Quentin H. Shortt, Surveyor, is attached to, and by this reference incorporated In, this dad. The aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantees; that the said suttees shall have quiet poseeseton of tha aid laud, Ira from all encumbrances; that they have done no act to encumber the said land; and that they will eaacute such further assurances of the said land as may be requisite. Witness the following 1Ioving mi6 natu rss mad sale. �re,6r,4 G ��'te1e�yL�, 17 Y 7 —T� ,,,_Asmai) Sate of Vlrgtnla County of Frederick, to-vtet I,'d9 nt.e.a_ gar- a Rotary Public in and for the County of ttedorlck, is tile State of Virginia, do hereby etrtlfy that Harry Candour and Alma R. Gardner, hie rife, whoa meta are dined to the foregoing writing 1 p PARCEL "8" THOMAS D. (ULIONTLY LEGAL DESCRIPTION DK676PC7T6 tool 331 mg tide A portion of the Thomas D. Golightly Tract on Route 644 oast of Route 50 in Shawnee District, Frederick County, Virginia as referred to in Deed Book 208 at Page 78, said portion hereby designated ao Parcel "8" and more particularly described as follows: Beginning on the southwest Mina of Route 644, 30' wide, U.3 miles east of U.S. Route 50 at the northeast corner of .:arl Pefler Lot and running with Route 644, 3 6 E 70,1.10t; thence on cutting lines through Golightly S 15 26.10" tt, 489,81.1' to the line of Edna DeMayo; thence with DeMayo N 36 58'50" 277.88' to the line of Douglgss Orndorff; thence with Crndorff N 15 26'10" E, 128,89' to a corner of Earl Peffer; thence with Potter 5 6 5 39'1U" E, 152,74'; and N 15 L' 275,Uff' to the beginning containing 1,351 scree. V\teM ltlKlitti p011QY, fICG 7 y 11Y aaU.w.' d W ee ea:iwab ®p °Y�Yf eta ad WI Mao* i Cketc JIRGINtA: FREDERICK COUNTY, SCT. This kith ument ce writing was produced to tier the s r e Q; lth certificate I to t �3.�' nd rr terote of acknowledgment thereto annexed was admitted to record. CLEM E