Loading...
HomeMy WebLinkAbout29-75 Albert M Shoemaker III - Backfilegip.. .. ... .t a 9 - 75 I 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 li:;Z�7 . 2 �80X l rag- U, ) I tvckt(E7- C'-,yJa c2_Cpo � pl.� FFY2 C U S /1A ✓� S ; . 2, -7, U..N C 4 c= sal; . V A.2 2 G o icr� �-r-.2. max 1�o U0,I�QrCA 54-{ e`\F'W r) Oto R E_(::) Rt o <' C �, '�EO w , �.+�) i ��, r" r4 Z-- C� , A_( /11 C 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- �z J - 7 S'• 9,1 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 OU.�r-tom n�_ n.yt 4 �-r , 2 I C I g4 l,�J �v V k�t(E cA� \v P1 2 �0 1 /Llf�tZCisS 11� ��,AettiS TV, 2. 6ax I E3 7 t +v C' 1� 22G0 j v. 2 05w<_ 8O CS UJt t\3cE. s 22 i Z)14r_-`_r,-\W 00io I+EC C)R1 r1<� VIT-"21) tz� �c 1,�.) t C t-+c ��` (/ G Gt 0i 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 M ice, i_V,) ;'--s- 1so� d O 4;:,-C), r � � ,5 I . mil "Ci .q 9 - 73--5-' . 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- t`) 1 f I 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