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01-08 All Points Warehousing - Red Bud - Backfile
0 BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: a a y 0 9�1 File opened a — D 9" Reference Manual updated/number assigned �VOE D-base updated _ off' cation map requested from GIS Two sets of labels requested from Data Processing *etl File given to Renee' to update Application Action Summary MEETING DATE: g FINAL ACTION: CLOSE OUT FILE: 0� Approval (or denial) letter mailed to applicant/copy made for file l(9/0File stamped "approved", "denied" or "withdrawn" - 40YReference Manual updated/d 3 D-base updated �i File given to Renee' for final update to Application Action Summary U-\B,\Common\Tracking sheeu\BZA Tracking.bu Revised W25/01 RECEIVED FROM AnnF pRR V('" O U FOR O FOR DATE a `% NM 9107 � </ o -`-'DOLLARS $ r ✓ 1 C.Q. '5 4- . ( (S )) - 5A AMT. OF CASH ACCOUNT AMT. PAID �() CHECK 7 BALANCE MONEY DUE ORDER ' I r CO COUNTY of FREDERICK ,y Department of Planning & Development Street, Suite 107 North Kent 202 Winchester, Virginia 22601 + 03/04/20d8 = 55 A- 32- Mailed From 22601 US POSTAGE AMERICAN LEGION U Not Denver W MBAs qar PO BOX 638 sw�'c�enr D WINCHESTER VA MO'ed 22604-0638 D COft MOj r d dr D otte�prea D gB143ect Sg S4 Ot ee,� NOaOx s 4legrNmber MAR6 ZUMUO eAf 0 Q�Close�preGe t R-,yodP°Or,% er D Ro d 51U�C��S} iE. `� 3.lb�ve W • M 11JE(OPI N March 19, 2008 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: VARIANCE REQUEST #01-08 FOR ALL POINTS WAREHOUSING, LLC Dear Evan: This letter is to confirm that the above -referenced variance application was approved by the Board of Zoning Appeals at their meeting on March 18, 2008. The request on parcel identified by Property Identification Number 55-5-5A was for relief from a 25 foot side yard setback to bring five existing warehouse buildings into conformity as follows: 185 Cole Lane, 7.9 foot setback; 187 Cole Lane, 16.1 foot setback; 189 Cole Lane, 16.3 foot setback, 191 Cole Lane, 16.3 foot setback; and, 193 Cole Lane, 16.2 setback. The property is located on the north side of Cole Lane (Route 762), approximately 1,000 feet south of Berryville Pike (Route 7), in the Red Bud Magisterial District. If you have any questions regarding this action, please feel free to call this office. Sincerely, ,� - ar R: Ch Zoning Administrator MRC/bad cc: All Points Warehousing, LLC, PO Box 3296, Winchester, VA 22604 Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 A COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant Il SUBJECT: Return Of Sign Deposit DATE: March 19, 2008 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below as a deposit for one sign for a Variance #01-08 for All Points Warehouse. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: All Points Warehouse P.O. Box 3296 Winchester, VA 22604 RSA/pd 6�� 3o 06 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 I * N A DRESS V `� `C��__?S__>S o< t+ F t v.YY���� AMT. OF CASH U y k!1 •�'' ACCOUNT AMT. PAID -� v: CHECK !! 1 �"' BALANCE DUE i MONEY ORDER ,j ACCOUNTS PAYABLE DISTRIBUTION COPY 1UNT )0.00 Personai rrupuiu Real Estate Sanitary District Street Light g f�ov.l Do tags go on sale Dec. 5 Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light Other due dates as billed by the Commissioner of the Revenue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 I! Winchester, VA 22604-0225 (540) 665-5607 I� E-mail Address BOrndoff@co.frederick.va.us Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm Extended hours may be offered during peak times, watch for details in local media. FOR VEHICLE LICENSE REGISTRATION I declare that the statement and figures hereon are true, full an correct to the best of my knowledge and belief. No Used 50% for Business Yes T A X R E C E I P T Signature FREDERICK COUNTY C. WILLIAM ORNDOFF, JR Ognature P. O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING 2/26/08 Ticket #:00005920001 Date 2/26/2008 Trans. #: LJT369971 Dept # 1095 Acct# Previous 50.00 Balance $ Principal Being Paid 50.00 Penalt .00 Interes Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING 2/26/2008 Check 8079.00 # VARIOUS 2 BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH /2008 VARIANCE APPLICATION #01-08' ALL POINTS WAREHOUSING, LLC Staff Report for the Board of Zoning Appeals Prepared: Marchl0, 2008 Staff Contact: Amber L. Powers, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: March 18, 2008 - Action Pending LOCATION: North side of Cole Lane (Route 762), approximately 1,000 feet south of Berryville Pike (Route 7) MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBER: 54-5-5A PROPERTY ZONING & USE: Zoned: M1 (Light Industrial) District Land Use: Warehouse Buildings ADJOINING PROPERTY ZONING & USE: North: B2 / M2 / MH1 South: M1 / RP East: MH1 West: M1 Use: American Legion Post 21 / Industrial / Residential, Mobile Homes Use: Industrial and Vacant / Residential Use: Residential, Mobile Homes Use: Industrial, Warehousing VARIANCE REQUESTED: Relief from a 25 foot side yard setback to bring into conformity five existing warehouse buildings: 185 Cole Lane, resulting in 7.9 foot setback; 187 Cole Lane, resulting in 16.1 foot setback; 189 Cole Lane, resulting in 16.3 foot setback; 191 Cole Lane, resulting in 16.3 foot setback; and, 193 Cole Lane, resulting in 16.2 foot setback. 11 Variance #01-08 —All Points Warehousing, LLC March 10, 2008 Page 2 REASON FOR VARIANCE: Without resolution through a variance, the property's five existing one-story warehouses, previously approved by the County in 1983, and competed in 1984, would be in violation of the Frederick County Code. STAFF COMMENTS: All Points Warehousing began construction of one-story warehouse buildings following County approval in 1983. After construction had begun, a subdivision was approved by the Frederick County Subdivision Administrator on September 15, 1983 which . established the side property line that created tax parcels 54-5-5A and 54-54A. With County approval, the last of the one-story warehouses was constructed in 1984. Recognizing that the development of this property, while not in conformance with the County code was nevertheless reviewed and approved by the County's Subd"ion Administrator, the applicant is requesting this side yard variance in order to bring the developed property into full conformance while maintaining the existing parcel conditions. Specifically, the applicant is seeking variances of 17.1 feet on 185 Cole Lane, 8.9 feet on 187 Cole Lane, 8.7 feet on 189 Cole Lane, 8.7 feet on 191 Cole Lane, and 8.8 feet on 193 Cole Lane in order to bring into conformance these previously constructed buildings which were approved by the Frederick County Planning Department in 1983. If granted, this variance would resolve the issues associated with this parcel without causing any detriment to neighboring properties. STAFF CONCLUSIONS FOR THE MARCH 18, 2008 MEETING: The Code of Virginia 15.2- 2309 (2), states that no variance shall be granted unless the application can meet, the following requirements: a. The strict application of the Ordinance will produce an undue hardship. b. The hardship is not generally shared by the properties in the same zoning district and vicinity. c. That the authorization of such variance will not be a substantial detriment to the adjacent property and the character of the district will not be changed by the variance. Should this variance be granted, the building setbacks for this property would be 7.9 feet on 185 Cole Lane, 16.1 feet on 197 Cole Lane, 16.3 feet on 189 Cole Lane, 16.3 feet on 191 Cole Lane, and` 16.2 feet on 193 Cole Lane. It appears that this variance meets the intent of the Code of Virginia, Section 15.2-2309 (2). This request fiom the current setbacks of the M1 zoning district may be justified. i BERRYVILLE PIKE — BERRYVILLE PIKE trehousifi- Zoning Map B3 zonM# N Fy • \, t Frederick County, VA Variance VAR # 01-08 Application All Points Warehousing Parcel ID: 54-5-5A L-ocation in the County Map Features Q Application Zoning 0 Lakes/Ponds 4w B1 (Business, Neighborhood District) — Streams 40 B2 (Business, General Distrist) 410 Buildings • 83 (Business, Industrial Transition District) Topography (5' interval) 4M EM (Extractive Manufacturing District) �• Urban Development Area 41111, HE (Higher Education District) 0%0 SWSA 411111, Ml (Industrial, Light District) M2 (Industrial, General District) 4M MH1 (Mobile Home Community District) 40 MS (Medical Support District) R4 (Residential Planned Community District) AD R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) ii Location in Surrounding Area 0 75 150 30fi , 1' r v © Case Planner: Amber Map Liocument: (N:\Plammng_And_uevelopment\_1_Locator_Mps\2008WIIPointsWarehousing_VAR0108_022808.mxd) 2/28/2008 -- 11:18:43AM - WON o ■ i o: W ■ J M�^ J g osq 3i m R9 - RIND EN�RISES LLC Z \ � 1 BERRYVILLE PIKE BERRYVILLE PIKE o . - c.,• LNG 55 A z 34 a P 50N MBC LC k L i ���PNo�� , �f y� 55 A 12 DP�� � IAMERICAN LEGION -- N \ 'O U _ C♦Vl 5 9 A,pFA �w O JONNSON JAC`K E ETALS _ \ l�s!! 54 5 SA acr C ALL POINTS PROPERTIES LLC,i tip• s o_ ` • P K'00p� r 13 YID �9 54 5 6 0 RSFINC o m GANSE BARBARA G J �p qV' m \ o yai i . . ASg1' 0 44 0 S4K,1 ' wfSTATfSyOM1O0 yACCFYM,` r Frederick County, VA Variance VAR # 01-08 Application All Points Warehousing Parcel ID: 54-5-5A Location in the County Map Features Q Application fl Lakes/Ponds — Streams Buildings Urban Development Area •e! SWSA Topography (5' interval) Location in $nrrounding Area o © Case Planner: Amber neap uocument: (N:\F ianrnng_Anci_uevelopment\_1_Locator_Mps\2008WIIPointsWarehousing_VAR0108_022808.mxd) 2/28/2008 -- 11:18:43AM VAR # 01 - 08 - Aerial Map =. 9 tip � r� � •�. •t•dr+r :M . r� �' �i Y � Wig +•�.Yr "` `' t * - i "� L 1 jF It Uj - _ w i'Zv I fBERRYVILLE PIKE PIKE - .own s. Al LU r O —71. -,--•-1 �; 411 L' .4.. ■ h Frederick County, VA Variance VAR # 01-08 Application All Points Warehousing Parcel ID: 54-5-5A Location in The County Map Features C Application SS Lakes/Ponds Streams :b Urban Development Area `%r SWSA Location in Surrounding Area 0 75 150 © Case Planner: Amber -- 00 Map Document:(N:\Planning_And_Development\_1_Locator_Mps\2008WIIPointsWarehousing_VAR0108_022808.mxd) 2/28/2008 -- 11:18:43 AM View of Parcels From Cole Lane Side Yard Encroachment From Self -Service Storage Facilities APPLICATION FOR VARIANCE F E 8 2 2 2008 IN THE COUNTY OF FREDERICK, VIRGINIA MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT The applicant is the owner ❑ other®. (Check one) 2. APPLICANT: OCCUPANT (if different) NAME: Greenway Engineering NAME: All Points Warehousing, LLC ADDRESS: 151 Windy Hill Lane ADDRESS PO Box 3296 Winchester, VA 22602 Winchester, VA 22604 TELEPHONE: (540) 662-4185 TELEPHONE (540) 662-2270 3. The property is located at (give exact directions and include State Route numbers): North side of Cole Lane (Route 762); approximately 1,000 feet south of Berryville Pike (U.S. Route 7). 4. The property has a road frontage of256.79 feet and a depth of 331.44 feet and consists of 4.6379 acres. (please be exact) The property is owned by All Points Warehousing, L.L.C. as evidenced by deed from Thomas C. Baker and Sheila F. Baker (previous owner) recorded In deed book no. 883 on page 1740 of the deed book of the Clerk of the Court for Frederick County Attach a copy of the deed 6. Magisterial District: Red Bud Magisterial District 7. 14-Digit Property Identification No.: 54-((5))-5A 8. The existing zoning of the property is: M1, Light Industrial District 9. The existing use of the property is: Warehouse Buildings 0 Page 2 of 5 I 10. Adjoining Property: USE North American Legion Post 21 Carlyle & Anderson Franklin Mobile Home Park East Franklin Mobile Home Park South RSF, Inc. West All Points Warehousing ZONING B2 District M2 District MH1 District MH1 District M1 District M1 District 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.") The Applicant is reauestin2 a variance to the 25-foot side yard setback requirement for five existing warehouse buildings. Please refer to the attached All Points Warehousina. LLC Variance Exhibit for the requested side yard variance for each of the five existing warehouse buildings. 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 Applicant is applying for variance relief based on extraordinary situational matters associated with Tax Parcel 54-((5))-5A. All Points Warehousing began construction of one-story warehouse buildings following County approval in 1983. Subsequent to this construction, a Subdivision was approved by the Frederick County Subdivision Administrator on September 15, 1983, which established the side property line that created Tax Parcels 54-((5)-5A and 54-((5))-4A. (Please refer to attached DB 565 PG 774-778) All Points Warehousing continued the development of the remaining one-story warehouse buildings with County approval in 1984. The five one-story warehouse building have existed for 24 years following County Subdivision approval. Recently, the Applicant has entertained the sale of Tax Parcels 54-((5))-5A and 54-((5))-4A as individual parcels. An ALTA survey prepared by Greenway Engineering identified the existing site condition nonconformity with zoning setback requirements. The Frederick County Planning Department issued a letter dated January 30, 2008 (Please refer to attached letter), which identifies existing site condition conformityprovides resolution for the western property line (side yard) setback through_ approval of a variance or lot consolidation. The Applicant desires to maintain the existing_ parcel conditions approved by Frederick County therefore a variance is in order to obtain clear title for Tax Parcel 54-((5))-5A. 13. Additional comments, if any 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 All Points Warehousing Address PO Box 3296 Property ID# 54-((5))-4A Winchester, VA 22604 NAME RSF, Inc. Address 1011 Siler Road Property ID# 54-((5))-6 Winchester, VA 22603 NAME Robert F. Ziegler Address 13315 Hickory Hill Road Property ID# 54-((5))-7 Hagerstown, MD 21742 NAME American Legion Address PO Box 638 Property ID# 55-((A))-32 Winchester, VA 22604 NAME Carlyle & Anderson, Address 1752 Berryville Pike Inc. Winchester, VA 22603 Property ID# 55-((A))-32A NAME Jack K. Wampler, Sr., & Address 2648 Martinsburg Pike Jack K. Wampler, Jr. Winchester, VA 22603 Property ID# 55-((A))-38 NAME Moulden Real Estate Property ID# 55-((A))-39 Address 2400 Valley Avenue Winchester. VA 22601 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Please refer to the All Points Warehousing, LLC Variance Exhibit that is included as a component of this variance application. The All Points Variance Exhibit identifies the location of the five existing, warehouse buildings that were constructed in 1983 and 1984 with measurements to the side property line. This exhibit also identifies the side yard setback variance that is requested for each existing structure. I AGREEMENT VARIANCE # 0 1 " ® e (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) dqys 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 APPLICANT DATE SIGNATURE OF OWNER (if other than applicant) DATE :r 04 -j r,003 -OFFICE USE ONLY- BZA PUBLIC HEARING OF 3 � l� � ACTION: D1ATE- APPROVAL SIGNED -- BA 6HAIkMAN DENIAL DATE: 10 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) All Points Warehousing, LLC, J.E. Kalbach, Managing Member (Phone) (540) 662-2270 (Address) PO Box 3296, Winchester, VA 22604 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 Deed Book No. 859 on Page 1018 Deed Book No. 883 on Page 1740 and is described as Parcel: 54 Lot: 5A Block: 5 Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering, Inc. (Phone) (540) 662-4185 (Address) 151 Windy Hill Lane, Winchester, VA 22602 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 application for my (our) above described Property, including: ❑ Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ❑ Comprehensive Policy Plan Amendment ® Variance My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: 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 seal this day of %"d� l�, 200 , Signature(s) State of Virginia, City 0ountARM, To -wit: TN1r6tar Public in and for the jurisdiction aforesaid, certify that theperson(s) who s gned'to`the foregbirtg inarument and who I (are) known to me, personally appeared before me and has aknowled& the same before me in the jurisdiction aforesaid this 91 day of FEV), 2006 t'I My Commission Expires: n 3)JG 10 Notary Public ' ai- Ll VrI�J,,(o(�E 6:)f-ci Dill g� h°b�-,s rev COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 30, 2008 Ameritas Life Insurance Corp. Its successors and assigns c/o Grandbridge Real Estate Capital, LLC Attn: Carole Wells 2970 Peachtree Road, Suite 530 Atlanta, GA 30305 Chicago Title Insurance Company c/o L&B Title Company 7200 Wisconsin Avenue 8th Floor Bethesda, MD 20814 All Points Properties, LLC c/o Mid -Atlantic Partners 1682 East Gude Drive, Suite 201 Rockville, Maryland 20850 All Points Warehousing, LLC Attn: Joseph E. Kalbach, Managing Member 3082 Shawnee Drive Winchester, Virginia 22601 RE: Property Identification Number(s): 54-54A and 54-5-5A Frederick County, Virginia Zoned: M1 (Light Industrial) To Whom It May Concern: In response to the letter we received on January 9, 2008, we are providing you with a zoning certification • for the above -referenced property. We have examined our records with respect to .the parcel and advise you, as of this date, as follows: • The properties identified as Tax ID No. 54-5-5A and 54-5-4A, (the "Property"), is zoned MI (Light Industrial District) and is subject to the use restrictions generally applicable -"to that classification, which is contained in the Frederick County Zoning Ordinance (the "Zoning Ordinance"). • This property has not been granted any variances, special exceptions, conditional use permits, or zoning relief of any kind. • This property is not in any special, restrictive, floodplain, floodway, or overlay district(s). 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Ameritas Life Insurance Corporation Chicago Title Insurance Company All Points Properties, LLC All Points Warehousing, LLC Re: Zoning Certification, PIN 54-5-5A and 54-54A January 30, 2008 • This Department has no record of any past or pending zoning violations having been filed, with respect to the property; and the undersigned is unaware of any violations of the applicable • portions of the Zoning Ordinance. To determine whether the property has any unresolved building violations and/or complaints, please contact Mr. John Trenary, Building Official, with the Frederick County Inspections Department (540)665-5650. • Currently there are three approved site plans (Site Plan #15-82, revised #15-82, and #11-98) for the properties. • The properties are currently in compliance with the Zoning Ordinance, with the exceptions noted below in relation to the ALTA survey. • A listing of allowable uses in the M1 —Light Industrial District, is attached. Additionally, we are in receipt of Greenway Engineering's ALTA/ACSM Land Title Survey for All Points Warehousing, Cole Lane, dated December 19, 2007. In reviewing the survey, there appears to be a few building setback issues that affect the existing buildings. Below is an overview of the issues identified by the ALTA survey, and the corresponding resolution. Resolution of the issues is overcome by one of two measures: (1) grandfathered status (legally nonconforming) based on previously approved Site Plan #15-82 (September 16, 1982), and its revision (September 12, 1983); or (2) acquisition of a variance from Board of Zoning Appeals. The Site Plan approved September 16, 1982 established a 37 foot building setback from the Cole Lane right-of-way. The revised Site Plan approved September 12, 1983, established the northern boundary setbacks of 16 feet, and the eastern boundary setbacks of 15 feet. 167 Cole Lane. Road setback is legally nonconforming based on Site Plan #15-82. 185 Cole Lane. Road setback is legally nonconforming based on Site Plan #15-82. Additionally, via Zoning Administrator interpretation, it has been determined that the encroachment is appropriate. .193 Cole Lane. Northern and Eastern property line set is legally nonconforming based on revised Site Plan #15-82 (revised 9/12/1983). Western property line setback violation may be resolved with a Lot Consolidation or a variance obtained from the Board of Zoning Appeals. 187, 189, and 191 Cole Lane. Western property line setback violation may be resolved if a variance is obtained from the Board of Zoning Appeals or with a lot consolidation. Page 3 Ameritas Life Insurance Corporation Chicago Title Insurance Company All Points Properties, LLC All Points Warehousing, LLC Re: Zoning Certification, PIN 54-5-5A and 54-54A January 30, 2008 Please contact this office should you have additional questions. Sinc rely, Eric R. Lawrence, AICP Director ERL/bad 774 ! #3067 * i THOMAS C. BAKER, ET AL DEED OF DEDICATION *. Midho y�a76 . i JUL, 10 I ,.. �I �. Tide DEED'Og DEDICATION made and dated • � thin wand day ®! �e July, 1983, by and botween THOMAS c. BARER and SHEILA F. BM ER, his wife, parties of the first part, and SHENANDOAH VALjM 1 1. NATIONAL tlAtllt OF WINCHESTER, AT WINCHESTER, VIRGINIA, party of the second part, and pNJAMIN M. BtiTLER, party of the third part. � WHEREAS,e the parties of the first part are the Owners in fee simple 'of a certain tract or parcel Of land, lying and being situate in Frederick County, Virginia, containing 3.062 Acres, in. the aggregata,.and more particularly described as Lot 4, Ash Hollow Industrial Park, as shown on that certain plat and sure®y 'drawn by H. Bruce Edens, C. L. B.,-dated June 10, 1981, of record in the Office of the Clerk of the'Circuit Court of Frederick County, Virginia in Deed Book 539 at Page 6380 and being a portio of the same property conveyed to the parties of the first art b part ]P deed dated May 31, 1979, from Denny's, Inc.', at al, of record in the aforesaid Clerk's Office in Deed Book 508 at Page 759; and, i WHEREAS the art ° , parties of the first part subsequently :con- veyed the property to the party of the third part in tradst to ' secure the party of the second part certain indebtednesses, which deeds of trust are Idated August 7, 1981, of record in the afore® ° said Clerk's Office in Deed Book 539 at.Page 738, and November 19, 1982, of record in the aforesaid Clerk's Office in Deed Book 554 at Page 96, and May 19, 1983,, of record in the aforesaid Clerk's Office in.Deed•Book 559 at Page 6471 and® WHEREAS, the parties of the first part desire to subdi. vide the subject property into tracts•assignated 1.455 Acres and 1.607 Acres, as shown on -the plat drawn'by H. Bruce Edens, dated May 13, 1983, attached heret®.and by this •reference made a part hereof as if act out in full, and which subdivision has been approved by the County of Frederick, Virginia as indicated on the 1 775 3i5IS5FG795 P ied haforesaid attached plat, all of which is by this reference made a !;part hereof as if set out in full. ¢ . 7• Ir^ L NOW, -THEREFORE, THIS DEED OF DEDICATION WITNESSETHs +That for and in consideration of the mutual benefits to be t derived therefrom, and other good and valuable consideration, j receipt of which is hereby acknowledged, the parties of the first [part do hereby subdivide the Lot 4, Ash Hollow Industrial Park ' 6 !into two tracts of land designated 1.455 Acres and A.607 Acres, Us shown on the aforesaid plat, drawn by H. Bruce Edens, C.L.S., 9 dated May-13, 1983, attached hereto and by this reference made a f ii part hereof as if set out in full. I The party of the second part and the party of the third I 1 (part, as beneficiary and trustee, respectively, under the afore-* i said deeds of trust, dated August 7, 1981, November 19, 1982, and i I'May 19, 1983, of record as aforesaid, join in this indenture for the sole and dxpress purpose of indicating their consent to the subdivision of the-aforeeaid Lot 4, Ash Hollow Industrial Park, as shown on the aforesaid attached plat, dated May 13, 1983, and f I do not in any way release the liens of the aforesaid deeds of trust by their signatures hereto. The County of Frederick, Virginia hereby consents to the said subdivision as indicated on P. Ithe Aforesaid plat attached hereto and by this reference made a part hereof as if set out in full. d r The above and 'foregoing subdivision of land of the parties of the first part as appears in the attached plat is with the free consent and in accordance with the desire of the under- �I ♦signed owners, beneficiary and trustee: WITNESS the following signatures and sealer ` TH . C. :I 2 �78 Nvrr - r IrA.•rrN" mar 1 f 1 1 1 ' 1 •l , 1 wrreaw ararr we. 1 1 I l 1 • , t 1 •' f I 1 I 1 1 I 1 r-i � rr�.N pr• wr \ - � •rfNAMO /wle1N1 c *jg�APTROVED W DATE 1 \ I c r. N...rs &or a C• V✓ � u o IL Pisa M ' cc.ir: IE W#* . AALV !,; l7.3 Itd`•= A!N MOttOW INDUSMSAIt ♦Al►X •„ �: • irNrw�u arne�er, rrrrarww aowrn ru��w '�a • ��� i` OVAL[ elfav' awspow • X7 • yt� ,�w� VIK�iI-nawNp►Lrk10MIbIMM��M1r.M •' - LOT J Tilt 54-3-1 )r1 T, Ak,r P5Oa ec SiE PIAPS - A9 5N Pc ,.57 PY ss-A-M COAR G HOAR P POST Na 21 OF M Am9mw LEWK hC. or „A%Es1ER 1ROM TA aa� ss-a Ds 2M PG W4 M W. 'oF�C I BY 4 .l I�Jtt7C l5 r 011m f vvfo J f ONE-STORY METAL WAREHOUSE BUILDING I f19J COLS LANE QWnE & Ar t ,c °°" A I 16.2 EXISTING SIDE YARD SETBACK PUT �'° `�'�' 1 ONE-STORY METAL WAREHOUSE BUILDING \ LOT 4A I /191 COLS LANE I I TAX PAWa L��� Fw 6.3'I EXISTING SIDE YARD SETBACK wm ONE-STORY METAL WAREHOUSE BUILDING aw-smw wm ar awm I toAorE \„a "r - /189 COLS LANf 1W1 CME LAW oo� oa+aalc PwG 16.3 EX/STING SIDE YARD SETBACKI oao�s j I� ONE-STORY METAL WAREHOUSE BUILDING ,to I /187 COLS LANE /1w c>NY O aw q 16. 1'EXISTING SIDE YARD SETBACK LOT 6A I OR XkZCZ FW ONE-STORY METAL WAREHOUSE BUILDING I I ,\ F— /1&5 COLS LANE CAE-SWY &W MODOZE AMLI G I I /r,l oaF LANE' X/STING SIDE TAM) e? ' c� ,� I 0 M*A[ tt �I I SIDE YARD SETBACK VARIANCE REQUEST 185 COLE LANE 17.1' \ J 187 COLE LANE 8.9' 189 COLE LANE 8.7' 191 COLE LANE 8.7' Sa" PC�w #193 COLE LANE 8.8' UA W-A—V MaDEN ffAL EM7E WWQMWN DR 7W PG AM YT PUT - W St PC 241 C5 Z W W Z N W C 1n e 1n Q q m N V Z � CE N 4 W n d atom a o� CU J J Z E- LM E A Ox = W z Er W EU Z �w Q A A Cj) of Z A C a. J Q DATE: 02/20/2008 1 \ I SCALE• NTS DESIGNED BY: KI.B JOB NO. 0019K SHM 1 OF 1 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 4, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: VARIANCE REQUEST #01-08 OF ALL POINTS WAREHOUSING, LLC On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, March 18, 2008, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Variance Request #01-08 of All Points Warehousing, LLC, submitted by Greenway Engineering, for relief from a 25 foot side yard setback to bring into conformity five existing warehouse buildings: 185 Cole Lane, resulting in 7.9 foot setback; 187 Cole Lane, resulting in 16.1 foot setback;189 Cole Lane, resulting in 16.3 foot setback; 191 Cole Lane, resulting in 16.3 foot setback; and, 193 Cole Lane, resulting in 16.2 foot setback. This property is located on the north side of Cole Lane (Route 762), approximately 1,000 feet south of Berryville Pike (Route 7), and is identified with Property Identification Number 54-5-5A in the Red Bud Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Amber L. Powers Planning Technician ALP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify hat. the attached correspondence was mailed to the following on 0.� from the Department of Planning and Development, Frederick County, Virginia: _ ------- - - --- ----- 54 5 5 A 55 A 39 ALL POINTS WAREHOUSING LLC I MOLDEN REAL ESTATE CORP BOX E WI 22601.2765 WINCHESTER WINCHESTER VAR VA 22604.2496 � ' i 54 - 5- . 6- - - RSFINC j Greenway Engineering 1011 sILER RD 151 Windy Hill Lane WINCHESTER VA 22603-2349 Winchester, VA 22602 54 - 5• . 7 1 ZEIGLER ROBERT F & MARIANNE H 13315 HICKORY HILL RD C HAGERSTOWN MO 21742.2645 55 A- - 32- AMERICAN LEGION PO BOX 638 WINCHESTER VA 22604.0638 55 - A- - 32•A CARLYLE & ANDERSON INC 1752 BERRYVILLE PIKE WINCHESTER VA 22603.4802 55 -A- - 38- WAMPLER JACK K SR & JACK K JR P/A WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1708 jAmber L. Powers Planning Technician Frederick County. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, f , a Notary Public in and for the State and County a oresaid, do ereby certify that ber L. Powers, Planning Technician for the Department of Plann ing yd Development, whose name is signed to the foregoing, dated 0 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on i 6 6WW "Rfjp AE3311578 v COMMONW EALCHUOFI VIRGINIA My cpMMiSSION RXpiRgj DULY 31.�0» NOTARY P BLIC -A/c Page 3 of 5 t nl--—SA ®:BARBARA-DATA PROCESSING FROW BEV - Planning Dept. Please print sets of labels by 'z �9 THANKSI 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 All Points Warehousing Address PO Box 3296 Property ID# 54-((5))-4A Winchester, VA 22604 NAME RSF,dnc. ✓ Address Property ID# ; 54-((5)�-6 /IdG�iant�-� NAME ✓ Robert F. Ziegler > 4 ' Address Property ID# 54-((5))-7 1011 Siler Road Winchester, VA 22603 13315 Hickory Hill Road Hagerstown, MD 21742 NAME `✓ American Legion Address PO Box 638 Property ID# "55=('(A))-32 - Winchester, VA 22604 NAME Carlyle & Anderson, Address Inc. Property ID# "554(A))-32A NAME ✓ Jack K. Wampler, Sr., & Jack K. Wamplpr, Jr. Property ID# ' 55=((A))-38 1 MAld' NAME '� 'laQ4wI44P_Real Estate Property ID# 55-((A))-39 1752 Berryville Pike Winchester, VA 22603 Address 2648 Martinsburg Pike Winchester, VA 22603 Address 2400 Valley Avenue Winchester, VA 22601 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Please refer to the All Points Warehousine: LLC Variance Exhibit that is included as a component of this variance application. . The All Points Variance Exhibit identifies the location of the five existing warehouse buildings that were constructed in 1983 and 1984 with measurements to the side property line. This exhibit also identifies the side yard setback variance that is requested for each existing structure. , �- n TO: BARBARA-DATA PROCESSING Page 3 of 5U i —� FROM: BEV - Planning Dept. p AJ � y / �� S A Please print , sets of labels by I T a9 �i THANKS! 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 All Points Warehousing Address PO Box 3296 Property ID# 54-((5))-4A Winchester, VA 22604 NAME RSF,,Inc. ✓ Address 1011 Siler Road Property ID# 54-((5))6 Winchester, VA 22603 /eta r o 11 ru -- NAME Robert F. Ziegler 4 Address 13315 Hickory Hill Road Property ID# 54-((5))-7 Hagerstown, MD 21742 NAME ✓ American Legion Address PO Box 638 Property ID# 55-((A))-32 Winchester, VA 22604 NAME Carlyle & Anderson, Address 1752 Berryville Pike Inc. Winchester, VA 22603 Property ID# 55-((A))-32A ' NAME ✓ Jack K. Wampler, Sr., & Address 2648 Martinsburg Pike Jack K. Wampler, Jr. Winchester, VA 22603 Property ID# 55-((A))-38 M6l�n NAME Mn11d4)_-Real Estate Address 2400 Valley Avenue Property ID# 55-((A))-39 Winchester, VA 22601 15. Provide a sketch of the property (you may use this page). Show proposed and/or existing structures on the property, including measurements to all property lines and to the nearest structure(s) on adjoining properties. Please include any other exhibits, drawings or photographs with this application. Please refer to the All Points Warehousing, LLC Variance Exhibit that is included as a component of this variance application. The All Points Variance Exhibit identifies the location of the five existing warehouse buildings that were constructed in 1983 and 1984 with measurements to the side property line. This exhibit also identifies the side yard setback variance that is requested for each existing structure. Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. IPIITIALS DATE & TIME Candice Angie Dana Eric Mike John Amber COMMENTS: Received by Clerical Staff (Date & Time): WP ---) z s, U U:\Pam\Common\Document Approval Form.wpd 9 . /±'% GREENWAY ENGINEERING %47 151 Windy Hill Lane FEB 2 2 2008 Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: All Points Warehousing LLC Variance Application File No: 0019K Date February 21, 2008 To: FC Planning Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ® Courier ❑ Pick Up ❑ Other ❑ Urgent ® For Your Review ❑ As You Requested ® Please Comment Message: Hi Mark, Thank you for meeting with me yesterday to review and discuss the Variance Application for All Points Warehousing. Please find attached the completed Variance Application, which includes the following information: Variance Application; Application Fee and Property Deed Information 10 copies of the Variance Exhibit for on -site conditions 10 copies of 1983 County Approved Subdivision 10 copies of January 30, 2008 FC Planning Letter Please schedule this project for the March 18, 2008 Board of Zoning Appeals public hearing and contact me if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Time: Please Print Name: -MALL POINTB 1_ o5/96 W REHO_ NG C. Mini & Industrial Storage P.O. Banc 3296, Winchester, Va 22604 PAY TO THE ORDER OF FOR BMU BRANCH BANKING AND TRUST COMPANY 1-80048ANK B6T BBT.00m 1180000909611' I:05 L404 l IWA im.F0.-MAZIAlf VOID AFTER 6o DAYS 2 601:000 5 13 7 LO 4 50 r3 9096 68-426/614 47001 ""A • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 January 30, 2008 Ameritas Life Insurance Corp. Its successors and assigns c/o Grandbridge Real Estate Capital, LLC Attn: Carole Wells 2970 Peachtree Road, Suite 530 Atlanta, GA 30305 Chicago Title Insurance Company c/o L&B Title Company 7200 Wisconsin Avenue 81h Floor Bethesda, MD 20814 All Points Properties, LLC c/o Mid -Atlantic Partners 1682 East Gude Drive, Suite 201 Rockville, Maryland 20850 All Points Warehousing, LLC Attn: Joseph E. Kalbach, Managing Member 3082 Shawnee Drive Winchester, Virginia 22601 RE: Property Identification Number(s): 54-54A and 54-5-5A Frederick County, Virginia Zoned: M1 (Light Industrial) To Whom It May Concern: In response to the letter we received on January 9, 2008, we are providing you with a zoning certification, for the above -referenced property. We have examined our records with respect to .the parcel and advise you, as of this date, as follows: • The properties identified as Tax ID No. 54-5-5A and 54-5-4A, (the "Property"), is zoned M1 (Light Industrial District) and is subject to the use restrictions generally applicable-,46 that classification, which is contained in the Frederick County Zoning Ordinance (the "Zoning Ordinance"). • This property has not been granted any variances, special exceptions, conditional use permits, or zoning relief of any kind. • This property is not in any special, restrictive, floodplain, floodway, or overlay district(s). 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Ameritas Life Insurance Corporation Chicago Title Insurance Company All Points Properties, LLC All Points Warehousing, LLC Re: Zoning Certification, PIN 54-5-5A and 54-54A January 30, 2608 • This Department has no record of any past or pending zoning violations having been filed, with respect to the property; and the undersigned is unaware of any violations of the applicable • portions of the Zoning Ordinance. To determine whether the property has any unresolved building violations and/or complaints, please contact Mr. John Trenary, Building Official, with the Frederick County Inspections Department (540)665-5650. • Currently there are three approved site plans (Site Plan #15-82, revised #15-82, and #11-98) for the properties. • The properties are currently in compliance with the Zoning Ordinance, with the exceptions noted below in relation to the ALTA survey. • A listing of allowable uses in the Ml — Light Industrial District, is attached. Additionally, we are in receipt of Greenway Engineering's ALTA/ACSM Land Title Survey for All Points Warehousing, Cole Lane, dated December 19, 2007. In reviewing the survey, there appears to be a few building setback issues that affect the existing buildings. Below is an overview of the issues identified by the ALTA survey, and the corresponding resolution. Resolution of the issues is overcome by one of two measures: (1) grandfathered status (legally nonconforming) based on previously approved Site Plan #15-82 (September 16, 1982), and its revision (September 12, 1983); or (2) acquisition of a variance from Board of Zoning Appeals. The Site Plan approved September 16, 1982 established a 37 foot building setback from the Cole Lane right-of-way. The revised Site Plan approved September 12, 1983, established the northern boundary setbacks of 16 feet, and the eastern boundary setbacks of 15 feet. 167 Cole Lane. Road setback is legally nonconforming based on Site Plan #15-82. 185 Cole Lane. Road setback is legally nonconforming based on Site. Plan #15-82. Additionally, via Zoning Administrator interpretation, it has been determined that the encroachment is appropriate. 193 Cole Lane. Northern and Eastern property line set is legally nonconforming based on revised Site Plan #15-82 (revised 9/12/1983). Western property line setback violation may be resolved with a Lot Consolidation or a variance obtained from the Board of Zoning Appeals. 187, 189, and 191 Cole Lane. Western property line setback violation may be resolved if a variance is obtained from the Board of Zoning Appeals or with a lot consolidation. 1] Page 3 Ameritas Life Insurance Corporation Chicago Title Insurance Company All Points Properties, LLC All Points Warehousing, LLC Re: Zoning Certification, PIN 54-5-5A and 54-54A January 30, 2008 Please contact this office should you have additional questions. Sinc rely, �\111— Eric R. Lawrence, AICP Director ERL/bad 774 MM: dho i ,lUL 2 21993 f #3067 THOMAS C. BAKER, ET AL, DEED OF DEDICATION *. THIS DEED -OF DEDICATION, made and dated this 32nd day of July, '1983 , by and bvtaeen TH014AS C, BAKER and SHEILA F. BAXLR, his wife, parties of the first part, and SHENANDOAH VALLEY NATIONAL BANK OF WI,NCHESTERo AT WINCHESTER$ VIRGINIA, party of the second part, and $ENJAMIN M. BUTLER, ,party of the third part. WHEREAS, the parties of the first part are the owners in fee simple of a certain tract or parcel of land, lying and being situate in Frederick County, Virginia, containing 3.061 Acres, in. the aggregate,.and more particularly described as Lot 4, Ash Hollow industrial Park, as shown on that certain plat and survey drawn by H, Bruce Edens, C. L. 0.1-dated June 10, 1981, of record in the Office of the Clerk of the'Circuit Court of Frederick County, Virginia in Deed Book 539 at Page 638, and being a portion of the same property conveyed to the parties of the first part by deed dated May 31, 1979, from Denny's, Inc.,, at al, of record in the aforesaid Clerk's Office in Deed Book 508 at Page 7591 and, WHEREAS, the parties of the first ,part subsequently con- veyed the property to the party of the third part in trgst to secure the party of the second part certain indebtednesses, which deeds of trust are dated August ?, 1981, of record in the afore- said Clerk's Office in Deed Book 539 at Page 738, and November 19, 1983, of record in.the'aforesaid Clerk's Office in Deed Book 554 at Page 96, and May 19, 1981, of record in the aforesaid Clerk's Office in.Deed 'Book 559 at Page 647' and, WHEREAS, the parties of the first part desire to subdi- vide the subject property into tracts•dsaignated 1.455 Acres and 1.607 Acres, as shown on -the plat drawn'by H. Bruce Edens, C,L.B., dated May 13, 19830 attached hereto.and by this reference made a s part hereof as if Oct outwh in full, and ich subdivision has been approved by the County of Frederick, Virginia as indicated on the • 1 11 • 0 775 0 r1" L 0. 3K 5. S 5 uFG 7 7 5 aforesaid attached plate all of which is by this reference made a part hereof an if set out in fulls NOWr-THERWOREO THIS DEED Or DEDICATION WITNESSETHi .That for and in consideration of the mutual benefits to be derived therefrom, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties of the first [part do hereby subdivide the Lot 40 Ash Hollow Industrial Park Unto two tracts of land designated 1,455 Acres and %,607 Acres* !as shown on the aforesaid plate drawn by He Bruce Edens, C.L*S.,p dated May 13# 1983, attached hereto and by this reference made a part hereof as if set out in fulls The party of the second part and the party of the third part, as beneficiary and trustee, respectively, under the afore-' said deeds of trust, dated August 7, 1981# November 19, 1962, and May 19, 1983, of record as aforesaid, join in this indenture for .the sole and xpress purpose of indicating their consent to the subdivision of the aforesaid Lot 4, Ash Hollow Industrial Parke lias shown on the aforesaid attached plat, dated may 13# 1983, and -1do not in any way release the liens of the aforesaid deeds of I. I,trust by their signatures hereto, The County of Frederick, Virginia hereby consents to the said subdivision an indicated on the aforesaid plat attached hereto and by this reference made a part hereof an if sot out in fulls The above and 'foregoing subdivision of land of the parties of the first part as appears in the attached plat 'is with J;the - free consent and in accordance with the desire of the underjl I'signed owners beneficiary and trustee's WITNESS the following signatu a and re&lgl TOM C. BAKER 2 778 i ' . ' 00pre • r sloarrN iI war r--"T-----.-wi w....w ...-r----- i• ; 8�565P�tT1B � t I I t r I f I I' •• f 1 i I I �• � i 1 I •I 1 f f 1 � 1 r -V lips. or ar. 116... _ . �. /. 4Ed ACRES .I s I i. f:os AC/Ir>Y � 1 � w s � b rrrrrNw ur i • ` •♦ter �p � � moo. �.t 0'� • . SUBDI ION APPROVED 9I��` "�'• ' • DA 1 PDIVISION ADMINISTRATOR .. ; ��ALTN pj• • ��_��� o Wm�Pefvcill . S0E u cc;;ir::'s.! ka. > 5:17.3Iir1+= r' wr 4 IUW1#* ASM AMLOW IA►OUMIAL RARX sC&[ r'*AV' wr !I, 00 s...•.w t•p-.a4w I S.•••.w ib to • poam#a • y 1 n• VI N iI.RQ rtM plLrltN�i) IIII 011 IIII,,,.,�. Olw 10 ►t p�.�!'Y�.,[ ' A.••• mW utth clWUwiA a .duvw %dgff* t 00 b eamw . 0 Y J 774 r 1 MM i dho 474 JUL221993 #3067 THOMAS C. BAKER, ET AL. DEED OF DEDICATION *. SO856714 THIS DEED*OF DEDICATION, made and dated Otis 22nd day of July, 1903, by and between TSOMAS C. BAKER and SHEILA F. BAKER, his wife, parties of the first part, and SHENANDOAH VALLEY NATIONAL BANK OF WINCHESTERj AT WINCHESTER# VIRGINIA# party of the second part, and $ENJAMiN M. BU$LLR,,paxty of the third part. WHEREAS, the parties of the first part are the owners in fee simple of a certain tract or parcel of land, lying and being situate in Frederick County, Virginia, containing 3.063 Acres, it the aggregate,, and more particularly described as Lot 4, Ash Hollow Industrial Park, as shown on that certain plat'and survey drawn by H. Bruce Edens, C. L, S.,-dated June 10, 1981, of record in the Office of the Clerk of the'Circuit Court of Frederick (County, Virginia in Deed Book 539 at Page 638, and being a of the same property conveyed to.the parties of the first part by deed dated May 31, 1979, from Denny's, Inc., at al, of record in the aforesaid Clerk's Office in Deed Book 508 at Page 7591 and, WHEREAS, the parties of the first part subsequently con- veyed the property to the party of the third part in trust to secure the party of the second part certain indebtednesses, which deeds of trust are dated August 7, 1981, of record in the afore- said Clerk's Office in Deed Book 539 at Page 738, and November 19, 1982, of record in.the'aforesaid Clerk's Office in Deed Book 554 at Page 96, and May 19, 1983,, of record in the aforesaid Clerk's Office in.Deed Hook 559 at Page 6471 and, WHEREAS, the parties of the first part desire to subdi- vide the subject property into tracts•ilesignated 1.455 Acres and 1.607 Acres, as shown on -the plat drawn'by H. Bruce Edens, C.L.s., dated May 13, 1983, attached hereto.and by this reference made a part hereof as if set out in full, and which subdivision has been approved by the County of Frederick, Virginia as indicated on the • 1 o ; • 775 I �i r I' _ 9 A 3K535'U°'G175 4._. aforesaid attached plat, all of which is by this reference made a part hereof as if set out in full. NOW,•THEREFORE, THIS DEED OF DEDICATION WITNESSETHt ' That for and in consideration of the mutual benefits to be derived therefrom, and other good and valuable consideration, receiRt of which is hereby acknowledged, the parties of the first part do hereby subdivide the Lot 4, Ash Hollow Industrial Park into two tracts of land designated 1.455 Acres and %,607 Acres, a as shown on the aforesaid plat, drawn by H. Bruce Edens, C.L.S., q dated May 13, 1983, attached hereto rind by this reference made a part hereof as if set out in full. G The party of the second part and the party of the third part, as beneficiary and trustee, respectively, under the afore- said deeds of trust, dated August 7, 1981, November 19, 1982, and May 19, 1983, of record as aforesaid, join in this indenture for the sole and dxpress purpose of indicating their consent to t`he �a • subdivision of the aforesaid Lot 4, Ash Hollow Industrial Park, 'as shown on the aforesaid attached plat, dated May 13, 1983, and , ,do not in any way release the liens of the aforesaid deeds of ?. ,trust by their signatures hereto. The County of Frederick, Virginia hereby consents to the said subdivision as indicated on �. the gforesaid plat attached hereto and by this reference made a part hereof as if set out in full. The above and foregoing subdivision oj land of the parties of the first part as appears in the attached plat 'is with,; the free consent and in accordance with the desire of the under• L jl I�signed owners, beneficiary � g and trustee: � WITNESS the following signatu s and seals% . i T G88AL� 9 . C. 2 • • 778 1 • i � �rr-—ram? w. .-w.w.•wr ww w w--rw...w-ww--wwww--� 1 P 1 t 1 � i � •1 I 1 1 1 IMl11KIM trf/0ff tow. I I L r Mspows t t om or /. io7 ACRa w v ♦ ti • `� t�ti� ,r rlr. ``���1 �• � , M fxlttpM IWIr0Ai1r `� C. • . SUBDI tON APPROVED 9I�• ` " �'�� ! BDIYISION ADMINSTRATOR i of C ' o 1. mfa OtS x $-1131='=-5 AElt7WIM pur ASH MOLLOW 1AFOUSMAL PA PC �� •• ti•' IrOiKr<tti PsMar• rotworo r m wr►, woroMI l• r ��i a� iCAll f"�.oi0' lrlrq,prat • . i1•••.q t.r:w.•.r I t•+••71r ilr wr • ioa.so ' I►wrvda• Nq••1► 111 , • : nhiM�n � N( Ir •1M:K :GlififY, sCl• • Q� y l •w u! •t i4RQ Won Pvot md 1s wa On to d0.d a , sW wlw GW410to a 40ffiW.atmaa b �w.+�otlt «�jaAJ�.foei • POWLER. GWYN4. WW & Co"It. P.C. •now" a uw RICH" CA. VA am 0 • \I 01(883PG 1740 {" THIS DEED, made this ZLnd day of J,;i 1997, between THOMAS C. BAKER and SHEILA F. BARER, his wife, of the one part, hereinafter called the Grantors, and ALL POINTS WAREHOUSING, L.L.C., a Virginia Limited Liability Company, of the other part, hereinafter called the Grantee. WITNESSETH: That in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do grant with general warranty and, except as stated below, English covenants of title, unto the Grantee, in fee simple, the following described property, to -wit: All that certain tract and parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, being described as LOT NO. 5, on the plat of ASH HOLLOW INDUSTRIAL PARR, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 495, at Page 289, containing 3.035 acres, more or less; and being the same property conveyed to the Grantors herein by deed of Mildred F. Cole, widow, dated December 19, 1995, and recorded in the aforesaid Clerk's Office in Deed Book 850, at Page 1275. This conveyance is made subject to all duly recorded and enforceable restrictions, reservations, easements and rights of way. WITNESS the followin" Ignatures and sealst `"` !y ( SEAL) THOMA C. BAKE ( SEAL ) SHEI F. BAKER U �2 3/!?11 0 COMMONWEALTH yFIRhIN`Ar AT Ci//Go my of►V` to -wit: OK 8 8 31 G ( / 4 1 The foregoing instrument was acknowledged before me this 11DL day of July, 1997, by Thomas C, Baker. Mycommisoion expires fWttni� . :302roa Rotary Public COMMONWZALTH OF VIRGINIA, AT LARGE, City/@ounty of W,n�hc•,lrr , to -wit: The foregoing instrument was acknowledged before me this 22,,,j_ day of July, 1997, by Sheila P. Baker. My commiss ion expires S4iLc,,,hvr ,10^40110 Notary Public ���4lotaorMw "deft M � sy OL one Via. �, od rowUnr. Gmrsm. NM • oon,t. •c. ArTOAT" AT LAW WK>"Tp. M1 iitOT 11 9r83//7�� THIS DEED made and dated this 31st day of May, 1996, by and between THOMAS C. BAKE$ and SHEILA F. Ise,14EE, hh wifa, parties of the first part, hereinafter called the Grantors, and ALL POINTS WAREHOUSING. L,kC,, a Virginia UmW Uablft Company, party of the second part, hereinafter called the Grantee. WITNESSETH% That for and in consideration of • the sum of Ten ($10.00) Dollars, 'cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title.unto the Grantee, in fee simple, absolute, all of that certain property set forth on Schedule A attached hereto and by this reference made a part hereof as if set out in full. This conveyance is made subject to all, rights of way and restrictions of record affecting the subject property. The Grantors hereby covenant that they have the right -to convey to the Grantee;. that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. The Grantors -expressly reserve hereby, and the Grantee accepts the conveyance hereof subject to the reservation thereof, a certain 30 foot permanent easement for ingress and egress over the 1.455 acre tract for the benefit of Lot 3, Ash Hollow Industrial Park, as shown on the. hatched lines on the 959//0 BK 2 7 5 PG 15 1 1 OK859PG 1019 survey drawn by H. Bruce Edens, C.L.S., .dated May 8, 1996,' attached hereto and by this 'reference made a part hereof as if set out in full. Maintenance of the common entrance located on the 1.455 acre tract t 3 in connection with the easement reserved herein shall be main__tned in its "as is" condition solely by the Grantee herein, its successors in interest, as the owner of the 1.4.55 acre tract. This conveyance is further made subject to that certain easement granted to the Frederick County Sanitation Authority, dated May 17, 1996, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 859 at Page 810, which easement is also shown on the aforesaid attached plat and by this reference made a part hereof as if, set out in full. WITNESS the fo=MASC. atures and seals: (SEAL) KER pp , -1• Ile .G..y (SEAL) HEEILA F. BAKE ALL POI W Up= G; L.L.C. By (SEAL) PH E. BACH, Member BY (SEAL) VIRGI A A. KALB CH, Member 2 Ss3/ioi91 6K 7 7 5 PG 15 12 STATE OF VIRGINIA, At Lari)z CITY OF WINCHESTER, TO -WIT: BK859PG 1020 I, bLa, B. Jnhn-.nn a Notary.Public in and for the State and jurisdiction aforesaid, do hereby certify that THOMAS C. BAKER and SHEILA F. BAKER, his wife, whose names are signed to the foregoing Deed, dated May 31, 1996, have personally appeared before me and acknowledged the same in my state and jurisdiction aforesaid. Given under my hand this 31st day of May, 1996. My commission expires Ss��F�y0 t99G •ti NOTARY PUBLIC v STATE OF VIRGINIA,A&Large CITY OF WINCHESTER, TO -WIT: I, K,or� a Johnson , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that JOSEPH E. KALBACH and VIRGINIA A. KALBACH, Members of ALL POINTS WAREHOUSING, L.L.C., whose names are signed to the foregoing Deed, dated May 31, 1996, have personally appeared before me and acknowledged the same in my ,State and jurisdiction aforesaid. Given under my hand this 31st day of May, 1996. My Commission expires 5cp�rmrper so 199(a NOTARY PUBLI r '•. \ t •.ire' 3 OK859PG1021 01( 275 PG1513 SCHEDULE A (decrfpdoo of pn4wM) �PARCEL ON All of those two certain tracts or parcels of land, toge th the improvements thereon and the appurtenances thereunto belonging, lying and being situate in. Stonewall Magisterial District, Frederick County, Virginia, designated as containing 1.455 Acres and 1.607 Acres, (formerly Lot 4, Ash Hollow Industrial Pant), as shown on the plat drawn by H. Bruce Edens, C.L.S., dated May 13, 1983, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia In Deed book 565 at Page 774; and being a portion of the same land conveyed to Thomas C. Baker. and Sheila F. Baker, his wife, by deed dated May 31, 1979, from Denny's, Inc., a Virginia Corporation, et al, of record in the last aforesaid Cleric's Office In Deed Book 508 at Page 759. PARCEL TWO: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing 13.7939 acres, lying and being situate In the City of Winchester, Virginia, along the southeastern side of Route 652, and more particularly described by survey of Edward W. Dove, L.S., dated January 10, 1983, of record in the Offlce of the Clerk of the Circuit Court for the Clty of Winchester, Virginia In Deed Book 177 at Page 179, and recertified March 26, 1985, of record in the aforesaid Clerk's Office In Deed Book 191 at Page 725; and being the same property conveyed to Thomas Carr Baker (being one and the same as Thomas C. Baker), by deed dated January 20, 1983, from Reginald Barnes Baker, divorced, et al, of record in the aforesaid Clerk's Office in Deed Book 177 at Page 176; and by Deed of Correction dated February 14, 1985, from Reginald Barnes Baker, divorced, et al, of record in the aforesaid Clerk's Office In Deed Book 190 at Page 639. Reference Is made to the aforesaid plat, survey, and deeds for a more particular description of the properties herein conveyed. �a,�nrw.rwu q i:nw..c �21//0. l BK859PG1022 61( 275 PG15 4 I I—oT D S5- ((A))-'32 lo,►i7 Al. I AM@IRIGIAN LCGION , INC- 0.0. 7y D, P.P. tic, PG. 5 9-F PG. �i9 ( GAP�LYL.6 ANG N 5 86, 33 ,1 & - 49Z. -}I' AN0er-5oN (. 279. fi3 7-17, 7& Mo. e LA 30' iNGFt9i - G6fCo5 1�=-�' S s,' ��sen�eNT 1 AP--• Ififi.16s' In ' fn l.455 AGP-ES I I-&CP7AGFRE`i Iv U Rom, 7a>, PG.771 , P.O. 7SS, PG.771 1 `1 P►e P. 111 Q %AN. 0 49WlF Z 11 ` 'k. Id PAMITAPE Y R'. ■WGP. G%m,T. �I� m !%-f-. t-oT ri 0 mm. Sol. Pu - 151 e 2", "WOOL. Aw0 PrAwAse w� CA%CMdkT I -a- PLAT SNOWING PPoP�rQO C.1411MCNTIi I--QT5 -+ A H D 4 A a1 T�Q♦` Asses H-01 W IHDU5TPL4AL- PAP-K. �frOrdewAt.c.. DrsTWG-T - IQPCOCW4.K GocJNTY, vIPQ,INIA SCALE: DATE : mAY 0, eft"ED" Nm OwlG4o GREENWAY, INC. s/s/q 970 5dwr Lone, WkKhoster, Vi gho 22603 O+o-662-4185 4 K 9rum Usn+, L.S. - PromWent SURVEYING - DESIGNING - PLANNING R4+1lD XMAL . AGMULTURAL - COWAUMAL , I VATRLAL . CONSTRUCTION SHEET ) Ot Y,5, -IIIow z. g859PG 1023 BH 2 7 5 PG 15 15 VIRGINIA, CITY OF WINCHESTER, SCT. This instrument of writing waa produoed to me on the A. of l 99G, , at � i t�p�� and with ce if➢cate of acknowlc•dgem(� onttpereto Anne;ed was admitted to record. 'Tax ir1pooed tq Sec. 58.1-802 of �- , and 88.1-601 have beat; pbjd '"ar aaneable. peputy Clark VIROINIA: FREDERICK COUNTY, 9CT. Thl Instrument of writing was Produced to ma oniJh . day of�Qfkn.�.W":T=ntt and with certlflothereto annexed wa� A�dmn�ltNteedI.to imposed by Sao. aa.1•e02 of _fAaLZ Vond aa.1-eot haVe been paid, It -assessable, Cleric