HomeMy WebLinkAbout29-75 Albert M Shoemaker III - Backfilegip.. .. ... .t
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Application for Variance
FREDERICK COUNTY, VIRGINIA,
TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY
The.undersigned applicant —(is) (are) the owner —of the following described property:
A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO. AND MADE A
PART OF THIS APPLICATION.
GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION.
DIMENSIONS OF,SITE MUST BE GIVEN,
In G� K.5 k3p� 0 Magisterial District
The pet ItIoner_request —that the said Board doth grant:
A rear yard variance of 42 feet to add a living
room (15.3' x.15.6') and a uatio deck that will extend
The applicant —make —this reque t because:
Section 2-5-2 under A-1 zoning requires that no .
structure be built closer than 50 feet to rear property
The person and (his) (her) (their) address owning and/or occupying adjacent pro-
perty to the property sought to be affected (are) (is): (Give names of all owners adjacent,
across the road or highway and facing the property and any owners across any railroad right-
of-wayfrom such property. In the event the property affected is situated at or within 100 feet
of the Intersection of any two or more roads or highways, at or within one hundred feet of
the intersection of the rights -of -way of any two railroads, give names of property owners at
all corners of any such intersection).
Name
Lot or tract
Mailing Address
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I/we hereby depose and say that all of the above statements and the statements contained
in any exhibits transmitted are true.
Applicant
Mai I ing address Zax A
Telephone Number PCZ-321
Subscribed and sworn to before me this —day of'� 19'7Y
My commission expires 19 2
Notary �c Qe�c-
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The person —and (his) (her) (their) address —owning and/or occupying adjacent pro-
perty to the property sought to be affected (are) (is): (Give names.of all owners adjacent,
across the road or highway and facing the property and any owners across any railroad right-
of-wayfrom such property. In the event the property affected is situated at or within 100 feet
of the Intersection of any two or more roads or highways, at or within one hundred feet of
the intersection of the rights -of -way of any two railroads, give names of property owners at
all corners of any such intersection).
Name Lot or tract Mailing Address
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I/we hereby depose and'say that all of the above statements and the statements contained
in any exhibits transmitted are true.
Applicant
Mailing address�� z -30'>G
Telephone Number-��--392 - �`Z O i
Subscribed and sworn to before me this —day of�u-4� 19
My commission expires
Notary Lc
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BOOK 369 PACE 190
THIS DEED, made this 2nd day of October, 1970, by and between CARROLL T.
CROSON and RU'TH B. CROSON, his wife, parties of the first part, hereinafter
called the Grantors; ALBERT M. SHOEMKEP,, III, party of the second part,
hereinafter called the Grantee; BURR P. HARRISON and WILLIAM A. JOMMOIT, III,
parties of the third part, hereinafter called the Trustees; and ARLINGTON
TRUST COMPANY, INC., a Virginia corporation, party of the fourth part,
hereinafter called the Noteholder.
WITNESSETH: That for and in consideration of the sum of Ten Dollars
($10.00), cash in hand paid and other valuable consideration, receipt whereof
is hereby acknowledged, the Grantors do grant and convey, with General
Warranty of Title, unto the Grantee, in fee simple, all that certain tract or
parcel of land, together with all rights, rights of way, privileges,
appurtenances and improvements thereunto belonging, lying and being situate in
Gainesboro Magisterial District, Frederick County, Virginia, about nine (9)
miles West of Winchester and about one (1) mile North of Route 50, containing
12 Acres, more or less, (but this is a sale in gross and not by the acre),
situated on the South side of Virginia, Secondary Road No. 679 and described
as follows:
Beginning on the South side of Virginia Route 679 at the
West post and iron pin of a gate opening approximately 85 feet
East of the creek; thence following the fence line along said
Road to a point in the line of the land of Abel; thence in a
generally Southerly direction with the fence adjoining the Abel
land to a corner; thence turning generally Westwardly again
with the fence adjoining the Abel land to a steel stake at the
existing barbed wire fence which goes around the cottage yard
on the land herewith conveyed; thence following the cottage
yard fence to the West gate post of the cottage yard fence;
thence Northwa-rdly in a straight line to a steel pin on the East
side of four (4) Sycamore trees at the bridge; thence in a
straight line crossing the creek to the steel pin which is the
point of beginning.
The land herein conveyed is a portion of the land conveyed to the Grantors
herein by deed from Joseph Matthew Sherwood, et ux, dated July 22, 1961, and
duly recorded in the Office of the Clerk of the Circuit Court of Frederick
RISON & JONNSTON 11
MORNEYS AT LAW County, Virginia, in Deed Book 272, at Page 370. A -reference to said deed and
NCNESTER, VIRGINIA
the references contained therein is here made for a further and more parti
.2IF c
ON & JOHNSTON
IRNEYS AT LAW
(ESTER, VIRGINIA
BOOK 369 PAGE 19i
description of the land hereby conveyed.
This conveyance is expressly made subject to such conditions, restric
and easements of -record to the extent that they may lawfully apply to the land
hereby conveyed.
The Grantors covenant that they have the right to convey said realty to I '
the Grantee; that the Grantee shall have quiet possession thereof, free from
all encumbrances; that their have done no act to encumber said realty and that
they will execute such further assurances thereof as may be requisite.
The Grantors herein, by deed of trust dated August 19, 1964, and recorded
in said Clerk's Office in Deed Book 302, at Page 357, conveyed certain real
property, including the real propert;yr hereby conveyed, to the Trustees herein
to secure the indebtedness described in said deed of trust, reference being
hereby made to said deed of trust for all the terms and conditions thereof, an
proper request having been made for a release of the lien of said deed of
trust from the property hereby conveyed, the Trustees, at the direction and
with the approval of the Noteholder, being the lien creditor under said deed
of trust, and as evidenced by its signature hereto, do join in the execution
of this deed to quitclaim and -release unto the Grantee, his heirs and assigns,
all right, title and interest of said Trustees in and to the land hereby
conveyed, but it is expressly understood that the lien created under said deed
of trust shall remain in full force and effect and under its said terms and
conditions as to the remainder of the real property described in said deed of
trust.
WITNESS the following signatures and seals:
(SEAL)
Carroll T. Croson
(SEAL)
RuthrB. Croson
(SEAL)
Burr P. Harrison, Trustee
- 2 -
.7-9- -7�-'7
'ISDN d JOHNSTON
ICI TORNEYS AT LAW
'CHESTER. VIRGINIA
William A. Johns o , III, Trustee
ARLMGTON TRUST COPQPANY, INC.
By
Vice President
:a -•.
F�QfiN1R ram_ ;,fit/
• As -Secretary
STATE OF VIRGINIA,
COU M OF FREDERICK, To -wit:
a Notary Public of and for the State
and County aforesaid, do cer fy that Carroll T. Croson and Ruth B. Croson,
his wife, whose names are signed to the foregoing instrument, bearing date on
the 2nd day of October, 1970, have acknowledged the same before me in my State
and County aforesaid.
Given under nW hand this `Iday of October, 1970.
I,Ll commission expires %,G7
Notary Publ'
STATE OF VIRGINIA,
COUNTY OF FREDERICK, To -wit:
I,
c ,�C!✓ ,
a Notary Public of and for
the State
and County afo
esaid,
do certify that Burr
P. Harrison and Lillian A.
Johnston,
III, Trustees, i•;hose names are signed to the foregoing instrument, bearing date)
on the 2nd day of October, 1970, have acknwowledged the same before me in my
State and County aforesaid.
Given under my hand thisyK-- day of October, 1970.
I•IJ- commission expires /S. / 4 •Y /
0
c/
i;otary ?ublic
- 3 -
2q-75r- S'
v:
�RRISON SJOHNST13N
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
BOOK 30`9 WH 1_0
STATE OF VIRGINIA,
COUNTY OF ARLINGTON , To-t.it:
I, Julia A. Nelson , a Notary Public in and for the
State and County aforesaid, do certify that Gary L. Clark
whose name as Vice President
of Arlington Trust Company, Inc.
is signed to the foregoing writing, bearing date on the 2nd day of October,
1970, personally appeared before me this day in my said County , and
in the name and on behalf of the said Corporation, acknowledged the said
writing as the act and deed of the said Corporation, and made oath that he is
Vice President of the said Corporation and that the seal
affixed to said writing is the true corporate seal and that it has been
affixed thereto by due authority.
Given under my hand this 30th day of September , 1970.
1�,11NE� "�4�►-,,commission expires June loth 1974
v.;
a 8?� Notary Public
,. e
%•......•.. v
V.LRaI'11A FIED-71 K COUI M U :-r-
Ti_is iisirurnent of NVIiii.,g was produced to me on the
L. �—
�d,xy o _.. , l� , at 0
,. :., a, t
and with corriLi�a of ac,. -'ow
l:! thereto anne�e� was
admitted to record. 'lax vy 3,�c. :38-j4. i of
d� and 5:-54 have been paid, if a3se-sable.
y�• r
2 Clerk.
- 4 -
9. Ns r . .
RECORD OF INSPECTION -SEWAGE DISPOSAL SYSTEM
I
r,
Owner -
Occupant
Exact Location ////
of Premihes. A �-(,A n
C/
01
(Mailing tAddre�
i
or Road Name, Section or I.ot No.)
Datrc °? tl 7 Case No
" WATER SUPPLY INSPECTION
S `
Installed according to Permit Design ❑ Yes ❑ No. Distance to nearest House Sewer feet. Distance to nearest
Sewage Disposal System feet. (Use Form LHS-143 for
Detailed inspection of Water Supply Reference Materials.)
SEWAGE DISPOSAL SYSTEM INSPECTION
(1)
LOCATION (6)
DISTRIBUTION BOX
Allotted Area adequate P`Yes ❑ No. Distance from
and equal surcharge to each line by Water Test
nearest lot lines feet. Trees '` feet.
,W...,�atertight
ter res -- No. Distribution Box provided with /
Water Supplies 4 Gy feet. Buildings t Z feet.
(NtEmber)
extra outlets for future use.
(2)
INSTALLATION AND DESIGN
Installed according to Permit Design p-Yes ❑ No (7)
SUBSURFACE ABSORPTION FIELD
Have additional Household Appliances been added NOT on
Permit: ❑ Automatic Washer ❑ Garbage Disposal
Total Area in bottom of ditches e:G squar eet.
Number
of ditches _ Length of ditches feet.
[LOtIfer „4- 1111
Grade of ditches linen um -�-- inches per 100 feet.
(Describe)
Maxim ches per 100 eet. Has system been
(3)
SOIL CONDITION
checked by instruments (LeVn WVes ❑ NI/
Are there soil conditions now evident which indicate system
Type aggregate
may be unsatisfactory as designed: ❑ Yes (;Y1Qo. If Yes,
Depth of aggregate under Tile inches
(4)
show adjustments required and r "Remarks" below
/ N,� ya--//
HOUSE SEWER LINE ki �J? t
Total depth of aggregate l inches
acate Depth of bkfill over aggregate /�
g T,T ' �—inches
T
Installed ❑ Yes (�AFo. e o aten lellv//// (8)
SURFACE DRAINAGE
Size Inches.
Storm Drains from House and Basement flowing away from
(5)
SEPTIC TANK /
Subsurface Drainage Field: P" es ❑ No. Was Surface
_
Constructed of Cam(
Drainage required ❑ Yes 2--No. If Yes, has this been pro -
(Kind of Materiel)
Inside Dimensiops/Len gth•�feet. Width_�feet.
vided ❑ Yes ❑ No. Has area been drained by lowering
Liquid Deptl�� feet. Depth of Air Space inches.
Ground Water Table: ❑ Yes o. r
�N l� of required.
Inside Fittings comply with requirements des ❑ No. (9)
Are follow-up inspections necessary ❑Yes o.
Septic Tani;
Contractor --
This Sewage Disposal System (Is), (Io-61*t) Approved by
Adress -, V,�[
ealth Department
L Date Approved
(Health Director)
Date Approved A wsorySanitarian) Date Approved
(Reviewing Authority — l)thac Agency)
With proper maintenance, approved Sewage
physical dargage occurs/to thtgystem. Remar
Virginia Department of Health
LHS - 141 Rev. 11-57
�9-775-io
r
, RISON S JOHNSTON
ATTORNEYS AT LAW
INC.ESTER, VIRGINIA
THIS DEED, made this : day of 1974, by
and between Albert M. Shoemaker, III, Single,'party of the first
part, hereinafter called Shoemaker; B. Sherwood Hedrick, unmarried
party of the second part, hereinafter called Hedrick; S. Robert
Dick and Louise J. Dick, his wife, parties of the third part, here-
inafter called Dick; Carroll T. Croson and Ruth B. Croson, his wif ,
parties of the fourth part, hereinafter called Croson; W. LeRoy
Owens, unmarried, party of the fifth part, hereinafter called Owen ;
the Farmers & Merchants National Bank, Winchester, Virginia,
party of the sixth part, hereinafter called Bank; and William A.
Johnston, III, Trustee and Benjamin M. Butler, Trustee, parties of
the Seventh part, hereinafter called Sole Acting Trustees.
WHEREAS, by deed dated October 2, 1970, duly recorded at the
Office of the Clerk of the Circuit Court of Frederick County,
Virginia, in Deed Book 369, at Page 190, Albert M. Shoemaker, III
acquired from Carroll T. Croson, et ux, that certain parcel of lan
located at the southeast corner of a larger tract of land then
owned by Carroll T. Croson and Ruth B. Croson, said Shoemaker pare 1
being described as containing 13.030 acres on the June 8, 1974 plat
C.L.S., attached hereto and incorpora-
of survey of J. R. Nicely,
ted herein by this reference; and,
WHEREAS, Hedrick acquired the major portion of said larger
parcel formerly owned by Croson by deed from B. Sherwood Hedrick,
et al, dated July 16, 1973 and duly recorded in the aforesaid
Clerk's Office in Deed Book 418, at Page 665, said land bound on
Ithe east, in part, by the western boundary line of said 13.030
acre tract; and
WHEREAS, Hedrick did convey to S. Robert Dick and Louise J.
,Dick, his wife, by deed dated May 24, 1974, and duly recorded in
the aforesaid Clerk's Office in Deed Book 430, at Page 692, that
�TITS.0N S.JOHNST0N
RNE, AT LAW
CHESTER, VIRMNIA
:ertain tract adjoining said 13.030 acre tract and designated
'Lot U" on said June 8, 1974 plat of survey of J. R. Nicely, C.L.S.
WHEREAS, the aforesaid conveyance to Hedrick was subject to
L deed of trust dated December 1, 1970, and duly recorded in the
.foresaid Clerk's Office in Deed Book 371, at Page 616, to Burr P.
arrison, William A. Johnston, H. K. Benham, III and Billy J.
isinger, Trustees, any one of whom may act, to secure Carroll T.
roson and Ruth B. Croson in the principal sum of Twenty Six Thou -
and Dollars ($26,000.00), and further, to a deed of trust dated
my 1, 1972, and duly recorded in the aforesaid Clerk's Office in
eed Book 393, at Page 32, to Burr P. Harrison and William A.
.ohnston, Trustees, any one of whom may act, to secure W. LeRoy
,wensin the principal sum of Five Thousand Dollars ($5,000.00);
WHEREAS, by deed dated , 1974, and duly recorded in
he aforesaid Clerk's Office in Deed Book , at Page , S.
obert Dick and Louise J. Dick, his wife, did convey, in trust, to
enjamin M. Butler and Steven G. Butler, Trustees, any one of whom
ay act, to secure the Farmers & Merchants National Bank of Win-
hester, Virginia in the principal sum of
11 property acquired by them by said May 24, 1974 conveyance of B.
herwood Hedrick, et al;
WHEREAS, there exists an uncertainty as to the boundary line o
hoemaker and the adjoining land of Hedrick and Dick; and
WHEREAS, the parties desire to fix said boundary line by this
eed.
WHEREAS, Croson, Owens and the Bank, as evidenced by their
ignatures hereto, have requested a trustee in each of the respecti
eeds of trust to join in this deed for the purpose of releasing
aid 13.030 acre tract from said trusts.
IINOW, THEREFORE, THIS DEED WITNESS: That for and in consider-
-2-
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i
.25-7:-/A
I ISON & JOHNSTON
jTORNEYS AT LAW
CHESTER, VIRGINIA
ation of the premises and other good and valuable consideration,
receipt whereof is hereby acknowledged by each party,
1. Hedrick and Dick hereby grant, release and quitclaim unto
Shoemaker all their right, title and interest in and to the 13.030
acre tract shown on the attached plat.
2. Shoemaker does hereby grant, release and quitclaim unto
Hedrick and Dick, as their respective interest may appear, all hisl
right, title and interest in and to the land lying west of the
said 13.030 acre tract.
3. The Sole Acting Trustees do hereby grant, release and
quitclaim unto Shoemaker all their right, title and interest in an�
to said 13.030 acre tract, and do hereby release the said 13.030
acre tract of land from the lien of the aforesaid deeds of trust, �s
their respective trusts apply, but it is expressly understood,
ever, that said trusts shall remain in full force and affect upon
the remaining lands described therein.
WITNESS the following signatures and seals:
Albert M. Shoemaker, III
li (SEAL)
B. Sherwood Hedrick
' (SEA')
S. Robert Dick
L ( SEAL )
Louise J. Diak=.
(SEAL)
Carroll T. Croson
(SEAL)
Ruth B. Croson
7CL-(SEA )
W. LeR y Oweri's
FARMERS & -MERCHANTS NATIONAL BAIV�
By / /,
a9-'7ss 13
�;,... f'•T�4
•
� ,ING SEAL:
•sue
T Nrn
L : •
n • •a
�IISON 6 JOHNSTON
EIRNE'5 AT LAW
CHESTER, VIRGINIA
a�4 Z
SEA )
William A. Jo ton, III, Trust e
Bern amin M. Butler, Trustee
STATE OF VIRGINIA,
COUNTY OF , To -wit:
I• N To A rV S cr)
a Notary Public of and fc
the State and C ou T!A aforesaid, do certify that Albert M.
Shoemaker, III, Single, whose name is signed to the foregoing
instrument, bearing
date
on the 17
day
of 3y � 19741,
has acknowledged the
same
before me in
my
State and r _•,.,�I
aforesaid. `L6\-`'.• 71
Given under m hand
Y this
i� day of U L
My commission expires --Lb Zy 0 lit
',
�,, E`,
i '
Notary Pu lic X , off
STATE OF VIRGINIA,
COUNTY OF ---f i_�- -..�. , To -wit:
/-� a Notary Public of and fc
the State and aforesaid, do certify that B.
Sherwood Hedrick, unmarried, whose name is signed to the foregoing
instrument, bearing date on the %t day of /-�''� �" 197
has acknowledged the same before me in my State and
aforesaid.
Given under my hand this day of l , 1974.
My commission expires
-4-
Notary Public
t/
)r
RRISON 6 JOHNSTON
ATTORNEYS AT LAW
'INCHESTER, VIRGINIA
STATE OF VIRGINIA,
COUNTY OF FREDERICK, To -wit:
I. a Notary Public of and for t
State and County abresaid, do certify that S. Robert Dick and Louie
IJ. Dick, his wife, whose names are signed to the foregoing instru-
Iment, bearing date on the day of
, 1974, ha
Iacknowledged the same before me in my State and County aforesaid.
Given under my hand this day of'
My commission expires
(STATE OF VIRGINIA,
(COUNTY OF-FREDERICK, To -wit:
Notary P
197
.. yl 0 r4 -
, a Notary Public of and for the
State and County aforesaid, do certify that Carroll T. Croson and
Ruth B. Croson, his wife, whose names are signed to the foregoing
instrument, bearing date on the day of
1974,
have acknowledged the same before me in my State and County afore-
said.
Given under my hand this. day of 1974•
My commission expires f. •�...•r••�..;%/'
Notary Publ i 10 N
-S--TA''E-0E-T11ZG•II�VIA, y� �.. . •'��
COUNTY OFF--FREDERiOK,—To-wit:
a Notary Public of and for the,
r
State and County aforesaid, do certify that W. LeRoy Owens, unmarried,
whose name is signed to the foregoing instrument, bearing date on
the ,_1, ,�.�' day of .'- -�,: 1974, has acknowledged the s
before me in my State aniCounty aforesaid.
Given under my hand this ,i / day of t 1974.
1 / r
My commission expires
-5- Notary Public
�j TE OF VIRGINIA,
OF �J To -wit:
?2 t �
a Notary Public in and for the
! aforesaid, do certify that/ � ` / o
State and
r , of Farmers & Merchants Nationa
whose name as � i�` E
Bank, is signed to the foregoing writing, bearing date on the
day of
1974, personally appeared
dain my
y` said ��� �` IF and in the name
before me this
and on behalf of the said Corporation, acknowledged the said writ]
as the act and deed of the said Corporation, and made oath that
i s /� %
' of the said Coporation and that
� , Y �-
the seal affixed to said writing is the true corporate seal of the
said Corporation and that it has been affixed thereto by due
authority.
1 1974
Given under my hand this _': _ day of
My commission expires
Notary Public
STATE OF VIRGINIA,
0
COUNTY OF FREDERICK, To -wit:
a Notary
Public of and for
(i1 aforesaid, do certify that william
the State and r LI1I f�
A. Johnston, III, Trustee, whose name is signed to the foregoing
i 1974,
instrument, bearing date on the c--�:� day of (/ .c. ^�
has acknowledged the same before me in my State and County aforesa
day of (I
Given under my hand this
My commission expires
(Notary Public
HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
74.
�'IIINE%
JOHNSTON
AT LAW
ESTER, VIRGINIA
COOK
STATE OF VIRGINIA,,
COUNTY OF FR2b] RAiCK, To -wit:
I, .UO�Q o �-�u !�i • �ONeg , a Notary Public of and for
the State and County aforesaid, do certify that Benj.amin,M. Butler
Trustee, whose name is signed to the foregoing instrument, bearing
date on the day of '3ru u 1974, has acknowledc
the same before me in my State and County aforesaid.
Given under my hand this day of ly_CW u S 1974
My commission expires 1917rl
Nor Pub c
-7-
lei
J. R. NICELY
CERTIFIED LAND SURVEYOR
113 WEST BOSCAWEN STREET
WINCHESTER, VIRGINIA 22601
703 - 662-1076
June 8, 1974
METES AND BOUNDS DESCRIPTION
OF THE LAND OF
ALBERT. M. SHOEtAKER, III
BEGINNING at a post on the South side of Route 679, a 30 wide prescriptive
easement, about 0.6 miles.South-East of the intersection of Rt 679 and Rt.
600; thence, generally along the said South side of Rt. 679 and with a wire
fence, two courses, N 67052121" E, 77.48 feet, to a post; thence, N 64018110"
E, 352.18 feet, to a nail in the base of a corner post in the line of the
land now or formerly owned by Mayhew; thence, generally with the fence and
with the lines of Mayhew, three courses, S 34012'34" E, 923.45 feet, to a
corner fence post; thence, S 49008'38" W, 527.87 feet, to a 36" Oak; thence,
S 54039128" fit', 148.26 feet, to an iron pin; thence, with the lines of the
land now or formerly owned by Hedrick, four courses, first, with the fence
around the cottage yard, N 40049'01" W, 85.06 feet, to a 5" Hickory at the
said fence corner; thence, continueing with the fence, N 58057103" E, 46.35
feet, to an iron by a large gate post; thence, N 25046'37" W, 864.61 feet,
to an iron pin on the North side of a branch, near four Sycamores; thence,
N 1028141" E, 146.07 feet, to the beginning; containing 13.030 acres,
lying and being situated in Gainesboro Magesterial District, Frederick County,
Virginia, and being the same land described in Deed Book 369, Page 190,
recorded in .the Office of the Clerk of Frederick County, at Winchester,
Virginia.
J. R. Nicely,
Certified Land Surveyor
o �
o� I R. IRCELY
Q rERTIFICATE NO. Y
� 1092
LANDS