HomeMy WebLinkAbout04-02 Denver Quinnelly - Back Creek - BackfileDate:
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BOARD OF ZONING APPEALS
Variance Request Tracking Sheet
File opened
Reference Manual updated/number assigned
D-base updated
One B&W location map requested from GIS
Two sets of labels requested from Data Processing
1�47-00b File given to Renee' to update Application Action Summary
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MEETING DATE: FINAL ACTION: APPROVF.TS
CLOSE OUT FILE:
Approval (or denial) letter mailed to applicant/copy made for file
File stamped "approved", "denied" or ',withdrawn"
bi Reference Manual updated
D-base updated
2,1, 0% File given to Renee' for final update to Application Action Summary
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�.- • � f9EGOPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
March 20, 2002
Mr. and Mrs. Denver Quinnelly
446 Froman's Road
Winchester, VA 22602
RE: VARIANCE #04-02, DENVER AND CATHY QUINNELLY
Property Identification Number 71-A-32A
Dear Mr. and Mrs. Quinnelly:
This letter is to confirm that the above -referenced application was approved by the Board of Zoning
Appeals at their meeting on March 19, 2002. This approval grants your request for a 20-foot front
yard and a 15-foot side yard setback variance to allow additions to an existing residential structure.
If you have any questions regarding these actions, please feel free to call this office.
Sincerely,
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/ch
cc: Building Inspections
O:wgc dw\MA\APPR_DFN.LTR\Quinoelly.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
BZA REVIEW DATE: March 19, 2002
VARIANCE #04-02
DENVER AND CATHY QUINNELLY
LOCATION: The property is located at 446 Fromans Road.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 71-A-32A
PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land use - Residential
ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Uses: Vacant
VARIANCE: 20-foot front yard setback variance and a 15-foot side yard setback variance to allow
additions to an existing residential structure
REASON FOR VARIANCE: See attached letter of justification from the applicant.
STAFF COMMENTS:
The property owner is proposing an addition to the existing dwelling. The proposed addition will
extend to within 20 feet of the front property line and within 15 feet of the north side property line.
The Rural Areas (RA) Zoning District setback requirements are: 60' front, 50' sides and rear if the
adjoining uses are residential or undeveloped residential. The applicant is requesting a 20-foot front
yard variance and 15-foot side yard variance to enable the proposed construction. The dwelling is
served by a driveway departing from a private access road adjoining the eastern side as'illustrated in
"Photo A." The,front setback was determined to be located adjacent to a thru road identified by staff
on "Exhibit A."
The owner has indicated that the addition to the dwelling cannot be constructed in a westerly direction
due to the topographical conditions of the property. The property owner would like to save the
existing trees from construction of an addition in the southern direction as illustrated in "Photo B." As
illustrated in "Photo C", the house is situated near the edge of a cliff. These conditions have established
the need for the subject variance request.
Denver and Cathy Quinnelly Variance
Page 2
March 11, 2002
STAFF CONCLUSION:
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 approaching
confiscation; 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 property owner has obtained the support for the subject variance from adjoining property owners
as indicated in the enclosed letter dated February 11, 2002, submitted by Mark D. Smith of Greenway
Engineering. The variance request does not fully meet the first two criteria specified in § 15.2-2309(2);
however, due to the existing site conditions, granting the variance in this case would be justified.
O:\Agendas\BZA\Staff Report\2002WenverQuinnellympd
71 A 32
-� TT11C ASSOCIATES
HUNTING. 11,
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VAR # 04 - 02
Location Map For:
Denver Quinnelly
PIN: �
71 - A - 32A,
T
•
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT
1. The applicant is the owner ❑ otherX (Check one)
2. APPLICANT: OCCUPANT (if different)
NAME: Greenway Engineering NAME: Denver & Cathy Quinnelly
ADDRESS 151 Windy Hill Lane ADDRESS 446 Fromans Road
Winchester, VA 22602 Winchester, VA 22602
TELEPHONE 662-4185 TELEPHONE 540-869-6232
3. The property is located at (give exact directions and include State Route numbers):
Located on the north side of Rt 623 (Fromans Road), 3000' east of the intersection
of Rt 623 (Fromans Road) and Rt 622 (Cedar Creek Grade)
4. The property has a road frontage of N/A feet and a depth of N/A feet and consists of
9.05 acres. (please be exact)
Property is served by a private access easement of 1500 feet from a public right-of-
way.
5. The property is owned by Denver E. and Cathy S. Quinnelly
as evidenced by deed from Daniel T. Gnegy and Mary E. Gnegy (previous owner)
recorded
In deed book no. 887 on page 1194 of the deed book of the Clerk of the Court for
Frederick County
Attach a copy of the deed
6. Magisterial District: Back Creek
7. 14-Digit Property Identification No.: 71-((A))-32A RECEIVED
8. The existing zoning of the property is: RA FEB 2 2 Z002
9. The existing use of the property is: Single Family Residential
PT. OF PLANNINGIDFVRONM All
MAR-11-02 08:23 FROM-GREENWAY ENGINEERING P C
5407228528 T-808 P 002/002 F-047
Page 2 of 5
•
10. Adjoining Property:
USE
North
71-((A))-32, 72-((A),))5
East
72- A -5
South
71-((A))-32R
West
Cedar Creek
ZONING
RA
RA
Countv line of Frederick
County and Shenandoah
C�-Quntx
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.")
A variance is sought from Sect* exzl 65-55 Setback ReouirementS_otthe Zoning
Qrdinance for front and side setbacks. A 20' front yard vaidance is sought and a 15'
side yard variance is sought for a proposed garage and bedrooms additio(see
attached sketchy The existing structure is a small log cabin and the new proposed
structu a is being placed on the existiupg Barking area for the residents of the house.
Therefore, the area to be constructed upon is now an existing gravel parking area
and ill not require any land disturbance or clearing of trees. Please see attached
photos of house and parking area ,photos A & Bl.
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 situational or condition of
property, or
- the use or development of property immediately adjacent thereto
The variance is being sought because of the topographic features of e pro ert .
Expansion to the west side of the house is not feasible because of the cliff -like
terrain that drops to Cedar Creek along the Shenandoah County ling (see photo C .
Additional) t e lot itself being a total of 9 acres is ptimarily sreeR slopes and
unusable There is less than V7 acre of ground where the house sits that is usable.
The placement of the proposed addition nn the existing parking area functions well
with the flOOT plan of the existing house and a urinates any need for land
disturbance or clearing of trees (photo D shows trees that would need to be cleared
it variance is not granted). Additionally, Mr Ouinnelly has obtained concurrence
for this proposed addition with the two adjacent property owners that are hunting
clubs with the adjacent properties being used on a seasonal basis. Please see
attached executed letter f7om the two hunting clubs.
13. Additional comments, if any
For clarification. the existing gravel road used by the Ouinnellys as a driveway to
their house also serves as one of multiple hunting access roads for the hunt clubs.
The hunting access road veers to the right from the Quinnelly's driveway
apRroximately 300' before you approach the house and is chained and gated and
used on a seasonal basis This hunting, access road was not considered as a right-of-
way for setback purposes.
Page 3 of 5 •
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 TTHC Associates
Address PO Box 2527
Property ID# 71-((A))-32B
Winchester, VA 22604
NAME Hunting Incorporated
Address PO Box 2527
Property ID# 72-((A))-5
Winchester, VA 22604
NAME TTHC Associates
Address PO Box 2527
Property ID# 71-((A))-32
Winchester, VA 22604
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
NAME
Address
Property ID#
Page 5 of 5
AGREEMENT
VARIANCE #_Q�__ O z
I (we), the undersigned, do hereby respectfully make application, and petition the
Frederick County Board of Zoning Appeals (BAZ) 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 lute 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
SIGNATUREOF OWNER
(if other than applicant)
-OFFICE USE ONLY
DATE v � 21 Z
2 - ZZ ^ VL DATE
BZA PUBLIC HEARING OF 'Lj ` k' t I U 7 ACTION:
-DATE-
['APPROVAL SIGNED:
BZA CIIAIRMAN
F DENIAL DATE: 1 `c G
Feb-18-02 1O:19A
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1(17 NAmIh Kenn SU=
Winchester, VA'3'WI
AIAr Patrick Davenport Zoning Adesiatnuretor
tte.: VuinnellY Setbeck VwiAgGe
Thar Patrick-
Gn tx-half of ow clicnM Mr. and Mrs. Deaver Quinneny, Grehtwny Enaiaeuing has peapared th:6 ICLUX to
allow the buppeirt and oo> mninm try tlbt adiUtnt property Owner of tac IsndS owncd by I)tn.•er And eAtby
()uiouelly sg recwdcd in Deed Book 887, Page 1194 and Tax Map Parve171-((A)}31X As a4mo-ledged
by the exeattivio of the Stacie and Agreai Stalcmeot txlew, and Huac� lna+rr►alnl,
esaociesdnns primlllrily fbrated is a hanting club. dims hereby Want, cancal and approve of a nt:W bouse
additilw ►o the "igdug bog Lama We rccogni= ►hat tbiS addition will tn[tcnd into the County setbeeb and
cla ,gr to ■ Snivel acm%s drive. Fime widet5iAnd that ibis acc= is oolY us"d on a 6essu011 basis !at
hunting club swdvitiess. There is U60 a subMwtial mlcwtion diffirco e t t%cen the acOm toad and tb;;
ptoposcd house addition.
I rrn bur&fui thar ow executing of this letta dLmamuar" our fall support of the sefback varianrxs
ugwAcd by the Qviumllys-
If you have any quesliem or eoaceras, please conta 't Mark Smilh at GmGwaY Eirleineeriag.
Slu.ss uly,
Grin y m8
Mark D_ Srnidl, F.E. L—S-
President
The iblLowing hAvcAwn and arrced to the above condition,
4n C of Ayy1ojj d "aseatatiwc
G� h ��6c1
�/ ! r► ltc lla ,Sc a tic
Print KCLMC and Title
Ditc Print Kam laid Title
bunting lncorporatod
TTHC Area.-i,.tm
PO )foot 25Z7
PO Box 2527
WWchcstu, VA n604
WinaeRict, VA 22604
t�.np;nl-zro 5u,veyols
t�Imhnne 4lp.nd2.Ils. 1'NC 540.711.45�d
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BACK CREEK DISTRICT
FRFIIFR T rr rni INTY _ V T Rr T N T A
1riLJ 1J lU UZAIlt i lliAl UN SEr1t. lwk.K
3, 1.997 I MADE AN ACCURATE SURVEY OF THE
PREMISES SHOWN HEREON AND THAT THERE ARE
NO EASDfENTS OR ENCROACH.MMS VISIBLE ON THE
GROUND OTHER THAN THOSE SHOWN HEREON.
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FURSTENAU SURVEYIN G
III SOUTH LOUDOUN STREET
WINCHESTER: VIR6INIA (540) 662-9323
N
DATE: SEPT.3. 1997
SCALE: I" = 100'
DWN. BY:
M.' 71-A=32A
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GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
February 11, 2002
Frederick County
Board of Zoning Appeals
107 North Kent Street
Winchester, VA 22601
Attn: Patrick Davenport, Zoning Administrator
Re: Quinnelly Setback Variance
Dear Patrick:
0
Fj�FCOp�
On behalf of our clients, Mr. and Mrs. Denver Quinnelly, Greenway Engineering has prepared this letter to
show the support and concurrence by the adjacent property owner of the lands owned by Denver and Cathy
Quinnelly as recorded in Deed Book 887, Page 1194 and Tax Map Parcel 71-((A))-32A. As acknowledged
by the execution of the Seen and Agreed Statement below, TTHC Associates and Hunting Incorporated,
associations primarily formed as a hunting club, does hereby grant, concur, and approve of a new house
addition to the existing log home. We recognize that this addition will extend into the County setbacks and
closer to a gravel access drive. Please understand that this access is only used on a seasonal basis for
hunting club activities. There is also a substantial elevation difference between the access road and the
proposed house addition.
I am hopeful that our executing of this letter demonstrates our full support of the setback variances
requested by the Quinnellys.
If you have any questions or concerns, please contact Mark Smith at Greenway Engineering.
Mark D. Smith, P.E., L.S.
President
The following have seen and agreed to the above conditions:
Signature of Authorized Representative Signature of Authorized Representative
Print Name and Title Date Print Name and Title
TTHC Associates Hunting Incorporated
PO Box 2527 PO Box 2527
Winchester, VA 22604 Winchester, VA 22604
Engineers Surveyors
File #3284/MDS/dls Telephone 540-662-4185 FAX 540-722-9528
www.greenwayeng.com
Date
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m Q U I N N E L L Y SETBACK VARIANCE r N x Found.d �„ 197f Winchester, Virginia 22602
o N w co `" Engineers Telephone 540-662-4185
BACK CREEK MAGISTERIAL DISTRICT G'jtiv I M surveyors FAX 540-722-9528
FREDERICK COUNTY, VIRGINIA` dt��
1� J0 01(8S7PG' 1190
THIS DEED, made and entered into this 9th day of
September, 1997, by and between DANIEL T. GNEGY and NARY E.
GNEGY, husband and wife, herein called Grantors, and DENVER E.
QUINNELLY and CATHY S. QUINNELLY, husband and wife, 446
frowns Road, Winchester, Virginia, 22602, herein called
Grantees.
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 which is hereby acknowledged,
the Grantors does hereby grant, bargain, sell and convey with
General Warranty and English covenants of Title unto the
Grantees, Denver E. Quinnelly and Cathy S. Quinnelly, husband
and wife, as Joint Tenants, with the Express Right of
Survivorship as at Common Law, all of that tract or parcel of
real estate, together with the improvements thereon, situate,
lying and being in Back Creek Magisterial District, Frederick
county, Virginia, and described as to metes and bounds by plat
of survey made by David Furstenau, Land Surveyor, dated
September 3, 1997, as containing 9.052 acres, more or less,
which plat is attached hereto, recorded herewith and made a
part hereof.
TOGETHER WITH AND SUBJECT TO a nonexclusive right of way
for ingress and egress from Route 623 to the subject property,
all as more particularly described in the Deed from Robert L.
Gnegy, et ux, dated December 17, 1977, and recorded in Deed
Book 486, at Page 1.
,The aforesaid real estate is the identical real estate
which was conveyed to the Grantors herein by deed dated the
17th day of December, 1977, from Robert L. Gnegy and Joan E.
QI(887FG1195 0
Gnegy, husband and wife, which deed is of record in the
Clerks Office of the Circuit Court of Frederick County,
Virginia, in Deed Book 488, Page 1.
Reference is hereby made t o the aforesaid plat, deed and
records for a more complete description and further derivation
of title.
This conveyance is made subject to all restrictions,
easements and rights of way of record, if any, affecting the
aforesaid real estate.
WITNESS the following signatures and s ais:
DANIEL T. GNEGY (SEAL)
VlIl7/iti►�1�1�!!���[.
STATE OF VIRGINIA
(C�NTYCITY OF "A1-,Jf P,%Ar)& , TO -WIT:
The foregoing instrument was acknowledged before me this
day of _';o,.a-Crn llfl- ,, 1997, by Daniel T.r Gnegy and
Mary E. Gnegy, husband and wife.
Notary Public .,.,,.......
My Commission Expires: IQ- :31 - 9a .'•.
FLOOD CONES SJERE SCALED FROM FIRM W. 4 510063 0175 B EFiiCTM JCL! 17. 1978.
N 21 a 18 42 . N — - - - --"�
76.90 - -N 17008'12"V 580.26• �41-� 342.07'
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HUNTING INC.. 355/408 OAK .«
18/2.ary own � f�
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�• ..r �~ MO I3SS
LAND OF
DANIEL T. & MARY E. GNEGY � suRvE�o
B=* CREEK DISTRICT
THIS IS TO CERTIFY THAT ON SZT BER FRMERICK MINTY- ViRfiNifa
`
3. 1997 I MADE AN ACCURATE SDRVEY OF THE
POSES SHOWN HEREON AND THAT THERE ARE
.D EALME 1TS OR ENCROACL40ITS VISIBLE ON THE
CROEND DIRER THAN THOSE SHOWN HEREON.
PLAT REFERENCEDB. 486 P. 8 DEED ReF. 00. 486 P. L
FURSTENAU SURVEYING
III SOUTH LOUDOUN STREET
WINCHESTEFt. VIRGINIA .. (s4o) 662-9323
OATt: SEPT. 3.1997
SCALE: r . Ioo•
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GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
TRANSMITTAL
Project Name:
File No.:
Date:
To:
Attn:
Copied:
Denver Quinnelly House Variance
3284
February 22, 2002
FC Planning
Eric Lawrence
From: Mark Smith/ds
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: 0 Urgent 0 For Your Review 17 As You Requested 17 Please Comment
Message:
Eric,
Attached are the following for the above variance request:
-Variance application
-Application fee check
-Deed
-Letter of concurrence
-Plot of property with request labeled
-Sketch of existing house with proposed addition
-15 color copies of tax map-topo overlay
-15 color copies each of 4 photo exhibits
Call with any concerns
FEB 2, 2 zov
DEPT, OF PLANNING/DEVELOPMENT
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway@visuaflink.com
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
March 11, 2002
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: VARIANCE #04-02 OF DENVER AND CATHY QUINNELLY
On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public
hearing being held on Tuesday, March 19, 2002, at 3:25 p.m., in the board room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is apublic hearing
to consider Variance #04-02, Denver and Cathy Quinnelly, submitted by Greenway Engineering, for
a 20-foot front yard setback variance and a 15-foot side yard setback variance to allow additions to
an existing residential structure. The property is located at 446 Fromans Road and is identified with
Property Identification Number 71-A-32A in the Back Creek Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. 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,
Patrick T. Davenport
Zoning and Subdivision Administrator
PTD/ch
0AAgendas\BZA\ADJ0INER\2002 Adj\Quinnelly.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
• i
This is to certify that the attached correspondence was mailed to the following on
— f1 from the Department of Planning and Development, Frederick
6 C
County, Virginia:
71 - A- - 32-A
QUINNELLY, DENVER E & CATHY S
446 FROMANS RD '
WINCHESTER, VA 22602.3128
71 -A- 32- (Xhd 3�,13
TTHC ASSOCIATES
PO BOX 2527
WINCHESTER, VA 22604-1727
I
I
- 72 A- S-
HUNTING, INC. j
PO BOX 2527
WINCHESTER, VA 22604.1727
STATE OF VIRGINIA
COUNTY OF FREDERICK
Mr. Mark D. Smith, P.E., L.S.
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
rf-)WI-4716i
Patrick T. Davenport, Zoning Administrator
Frederick County Planning Department
1, 6JAI A -inn 1--h 1 I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Patrick T. Davenport, Zoning Administratorfor the De artment 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 VI-h day of �"Mb c)a)a
My commission expires on fifhru o 12P a 2): amJ
, 'tk� �),. La,
TARY PUBLIC
Mar-19-Z002 14:44 From-HARRISON AND JOHNSTON 5406677893 T-166 P 002/002 F-722
7.29
g=%2� 0�'
LOT 17
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1_Z,--D 2,
-:Z7
C) 0838
/J7\ GREENWAY ENGINEERING
%�P7 151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
T R A N S M I T T A L
Project Name:
File No..
Date:
To:
Attn:
Copied:
Denver Quinnelly House Variance
3284
March 4, 2002
FC Planning
Patrick Davenport
From: Mark Smith/ds
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: E Urgent r For Your Review C As You Requested r, Please Comment
Message:
Patrick,
Attached is a copy of the deed for the above project regarding the ingress/egress easement.
However, it is not defined. Graphically, it appears it would be running through the house.
Call with any concerns
" "VE.
MAR 0 5 200Z
MT. OF PLANNING/DDVEL0pMENr,,'
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway@visualUnk.com
I
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TRTpOpBERTL. GNEGY, ET UX
DAN�fl�Lfi. 8WY ET UX * D
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DEED
THIS DEED, Made and Rntered into this !j clay of-�)o,,
1977, by and between ROBERT L. GNEGY and JOAN E. CNEGY, husband and
wife, herein designated "Grantor", parties of the first part, and
DANIEL T. GNEGY and MARY E. GNEGY, husband and wife, herein desig-
nated "Grantee", parties of the second part, and HUNTING, INC., a
Virginia Corporation, herein designated "Hunting', party of the
third part.
WITNESSETH&
That for and in consideration of the sum of Ten Dollars ($10.(0),
cash in hand pa14. to the parties of the first part by the parties cf
the second part, and other good and valuable considerations, the
receipt of which is hereby acknowledged, the said parties of the
first part do hereby grant, bargain, sell and convoy, with General
Warranty and English Covenants of Title, unto the parties of the
second part, Daniel T. Gnegy and Mary E. Gnegy, husband and wife, an
Tenants by the Entireties and not as Tenants in Common, with the
i
Express Right of Survivorship as at Common Law, all of that tract
or parcel of real estate, together with the improvements thereon, '1
situate, lying and being in Back Creek Magisterial District, !y
Frederick County, Virginia, and described as to metes and bounds
by plat of survey made by C. J. Rinker, Jr., C.L.S., dated August
22, 1977, as containing 9.052 acres, more or less, a copy of said
plat of survey being attached hereto and incorporated herein by
reference thereto and to be recorded simultaneously with this dead
in the Clerk's Office of the Circuit Court of Frederick County,
Virginia
Being a part of the real estate conveyed to the Grantor by
deed dated March 6, 1951, from Lucy W. Bucher and Crover C. Bucher,
-��
ECOK
her husband, which deed is of record in Deed Book 218, Page 329 of
the Clerk's Office of the Circuit Court of Fredarick County, Virgi
Reference is made to the aforesaid deed and plat fur a more
complete description and'for further derivation of title.
In consideration of the mutual covenants and conditions herei
after set forth, all of the parties hereto do covenant and agree a
follows:
(1) Hunting does hereby grant and convey unto Grantee, an
easement or right of way over the "Proposed 20' R/W" as shown on
the above -mentioned plat of survey running from State Route 623
In a northeasterly direction and also over and continuing along
that roadway shown or said plat of survey as "Old Logging Trail"
and through the real estate of Hunting to a point where it enters
upon the real estate herein conveyed. Grantor and Grantee release,
remise and quitclaim unto Hunting all right, title and interest in
and to the trail shown on the aforementioned plat of survey, as
"Exist. Old Logging Trail* running from State Route 623 through
that real estate designated on said plat of survey as "Parcel bein5
conveyed to Joseph C. Brown" -and continuing on through the real
estate of Hunting to a point where it connects with the "Proposed
20' R/W" and Grantor does further release, remiss and quitclaim
unto Hunting all right, title and interest in and to that portv)n
of the "Old Logging Trail" where said trail leaves the real
estate of Grantor crossing the common boundary of Hunting and
Grantor designated on said plat of survey as "S 06" 55' SP" W
1,740.751" and lying entirely within the confines of the real esta
y
i of Hunting. Likewise, Hunting roleases, remises and quitclaims un
Gran.ir all right, title and interest in and to that portion of th
i "Old Logging Trail" where the same enters upon the real estate
i
11conveyed hereinabove and continuing over the real estate of Grante
2
0
4i�4o 102
y
eco 483 PUL 3
to the above -mentioned line designated "S 06" 55' 58" W 1,740.751"
where said trail re-enters the real estate of Hunting, and including
also that portion of said trail runling from that common boundary
of Hunting and Grantor (designated S 28" 04' 02" E 1,488.531 on said
plat) to the real estate of Allen E. Turner, as designated on said
plat, the portion being quitclaimed herein being that portion :yin
entirely within the confines of the real estate of Grantor.
(2) It is hereby covenanted and agreed by Grantee and Hunting
that -they will bear the costs and expenses of repairs and maintenance
of all of the trails and rights of way used by them in common in the
following manner: They will bear in equal shares the cost of
saintaining the said trails and right of way to the extent necessary
to make the same passable for four-wheel drive and hunting vehicle�.
All costs of installation and maintenance of a trail or. right of w y
suitable for the passage of two -wheel drive, passenger -type vehicl s,
shall be at the sole cost and expense of Grantee. In the event
that Hunting uses said trails or right of way for two -wheel drive,
Passenger -type vehicles, then it shall contribute to the cost and
maintenance of said trails or right of way with Grantea in accords ce
with and in proportion to the usage made of said trails and right
Of way by the parties hereto.
(3) Grantee covenants and agrees that they will erect and
maintain, at their own cost and expense, a gate across the said ri ht
Of way where the sans connects with State Route 623 and another ga I
to
along that line designated on the above -mentioned plat of survey a
"S 81" 24' 08" E 260.001" where said "Old Logging Trail" crosses
said line as shown on the above -mentioned plat .f survey. This
covenant is for the benefit of Hunting and may be waived by it by
Instrument in writing, in proper fora for recording in the aforesa
Jd
Clerk's Office.
w 3 w
i
Bux 99; v-(E 4
(4) brantor and Hunting herebyrant
9 to each other mutual
licenses over that portion of the "Old Logging Trail" to the
northeast of the above -mentioned line designated "S 81. 24' 08" t
260.0010 and running in a northerly direction, thence in a north-
easterly direction and then in a northwesterly direction and over
the entire length of said roadway to a point where it enters upon
real estate of Allen E. Turner as shown on said plat of survey.
Hunting further grants to Grantor a license over that portion of
the "Old Logging Trail" running in a southerly direction from the
real estate conveyed herein by Grantor to Grantee and continuing
over tha "Proposed 201 R/W" to State Route 8623. The licenses
herein granted shall be personal and for the use and benefit
of Grantor and Hunting its Offi
cars, Directors and Stockholders,
only, and shall not inure to the benefit of the heirs, administrators
executors, successors or assigns of eithar Grantor or Hunting and
shall continue unti: said licenses are terminated by either party
giving sixty (60) days' written notice to the other of the termi-
nation of said license.
(5) .Grantee hereby grant+ to Grantor and Hunting, its Office
Directors and Stockholders, a license over that portion of the "Old
Logging Trail" located on the above -mentioned tract containing
0.052 acres conveyed to the Grantee by the Grantor in this deed an
as shown on the attached plat of survey of C. J. Rinker, Jr., C.L. .,
sated August 22, 1977. The license granted herein shall be personal
and for the use and benefit of Grantor and Hunting, its Officers,
)irectors and Stockholders,.and shall not inure to the benefit of
:he he'ra, administrators, executors, successors or assigns of
;rantor and Hunting and shall continue until said license it
'erminated by either party giving sixty (60) days' written notice
:o the other of the termination of said license, provided, further,
- 4 -
Ry , J
5
0
0
however, that this license shall not be tarminated so long as the
license given by Grantor to Hunting in Paragraph (4), above, remai s
inexistence. RESERVING, however, unto Grantee the right to relocate
said *Old Logging Trail" at any point within the confines of the
real estate conveyed herein to Grantee, so long as it shall connec
with the existing "Old Logging Trail" to the northeast and southea t
of said real estate, as shown on the above -mentioned plat of C. J.
Rinker, Jr., C.L.S., dated August 22, 1977.
IIin consideration of the mutua! covenants herein contained,
II Grantor, Grantee and taunting do hereby agree as followcl:
(1) Grantor and Hunting agree that the common boundary line
as shown on the aforementioned plat of survey of c. J. Rinker, Jr.1.
C.L.S., dated August 22, 1977, shall be and is the true boundary l�ne
between the real estate of Grantor and Hunting, said common bounds y
line boing designated on the aforesaid plat of survey as follows:
"Beginning at an iron pin set in the line of the real estate
of Allen E. Turner and a common corns.• of Grantor and Hunting
and running thence S 28. 04' 02" E 1,489.53' to an iron pin set; thence S 06. 55' 58" W 1,740.75' to an iron pin set;
running thence S 03. 55, 58" W 123.75' to an iron pin sett
thence S 34. 04' 02" E 627.00' to an iron pin sett running
thence S 13. 55' 58" W 396.00' tc. an iron pin set; running
thence S 30. 25' 58" W 764.39' to an iron pin out, and
continuing thence with the remaining lines established by
Lee A. Ebert, C.L.S., on August 1, 1963, as shown on said
plat of survey of. C. ,T, Rinker, Jr., C.L.S., first in a
southwesterly direction and thence in a southeasterly
direction to State Route No. 623."
I' (2) Grantee and Hunting covenant and agree that the above -
I
Imentioned lines constituting the East boundary line of the real
(estate conveyed herein to Grantee and a portion of tho Wzat boundaryy
line of Hunting ohall be and is the common boi•.ndary line between t ram.
�Ireal estate conveyed herein to Grantee and the real estate of Hunting,
sdid lines being more particular
ly designated as S 06. 55' 58' W
II381.001; S 03. 55' 58" W 123.75' and'S 34• 04' 02" L 627.00'
I
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11
soon 49 ; G
(3) Grantor and Grantee do hereby releaz=, remise and quit-
4
claim unto Hunting all right, title and interest in and to any and
all real estate located East o.", their said boundary lines, and
likewise, Hunting does hereby release, remise and quitclaim unto
(Grantor and Grantee all real estate located West of the above -
mentioned lines. The real estate affected by this boundary agree-
ment is that real estate acquired by Grantor by the aforementioned
deed dated Maro:i 6, 1951, and of record in Deed Book 218, Page 329
Of the aforesaid Clerk's Office, and the real estate of Hunting
affected by this boundary agreement is that real estate acquired
by y Hunting by deed dated March 31, 1969, and of record in Deed
i�
Book 355, Page 408 of the aforesaid Clerk's Office.
WITNESS the f011Owing signatures and seals:
r
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�'SwY` t � •
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A.
��'•,y,
`W'
+� �!
ti*�
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r:
7•• „r
1CORPORA*TE
(SEAL)
-n ` / (SEAL)
n e negy
TR•��rsr_r, � � , ; •
j.: v _
HUNTING, INC. ^
A /�/
BY: v ($iAL)
s M. O�aoten
1
Lewis ?. Garrett, Secretary
45"
STATE OF VIRGINIA
COUNTY OF SHENANDOAH, TO-WITt
The foregoing
instrument was acknowlclgod before me this, AT&
day o f
1977, by Robert L Gnegy and Joan E. Gnegj
d and
wife.
Nidc
r}
��A�:
4"
�w %)4y* Commission
Notary
ota Pu
expires
I's
i.
STATE OF VIRGINIA
CO
LINTY wr bnEnanDOAH, TO-WITt
The foregoing instrument was acknowledged before me this va�
idRy-of 1977, by Daniel T. Gnegy and Mary E.
husband and wife_
Ck N"
tary Public
expires
STATE Or VIRGTNIA at -TO -MITI
The foregoing inaLrument was acknowledged before me this
day of -9
I 19Yfe by Lewis M. Costello, President of
Hunting, Inc., a irginia Corporation, acting on behalf of said
Corporation.
ILL
T-
Notary Vb5frF7 C 7
MY commission expires
7
NVI
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Variance arented per Section
13-2 Suhdi id
v e M of tae
Fredorick County Code.
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