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Home My WebLink About33-76 Apple Towne Inc (Lawrence Bell) Setback - Backfile (2)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 "havmee Magisterial District The pet Itioner_request —that the said Board doth grant: yet back variance of 10' to build a 421 24' houze. The applicant —make —this request because: -? 7o _c3i= reauires 55' or more from anv hifhway, street, or ri !-�ht of way vhich is 501 or greater in :*ridth, to place strizc tare ?r;l frnm right_ of�y, would require a 10' relief to the '5' ;rat hnnic -r-qui rement. 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-way from 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 Sarah Bogen #4O,Sec.1 1205 Haven Terrace Better Homes, Inc. ##42, Sec. 1 1216 Haven Terrace Thomas Graves #17,Sec. 1 1200 Crest Circles Vista, Inc. Rack Pro-D. 1295 Crest Circles I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 192[" � .k • A Xicanti—Apple Towne, Inc. Mailing address P. 0. Rox '368 Winchester. VA 22601 Telephone Number 667-1882 Subscribed and sworn to before me thisL-day of "I )Ict, 19--LL My commission expires 191-3 l Notary co _ e. ('6111kCr_aUtQQ 0 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 Shawnee Magisterial District The pet Itioner_request —that the said Board doth grant: 1 set back variance of 10' to build a 421 x 24' house. The applicant —make —this request because: "—? ondinF requires 35' or more from any highway, street, or _right of wa�.r which is 50t or greater in width, to place structure _25' frnm right of way, would require a 10' relief to the 35' _rat hank rP =iji remert. YeC, 44hg' *qw S 8y°: yco" esr- U\ l m r0 .53 - ' THIS DEED, made and dated this �� day of�,,f-r , 1975, by and between Vista Enterprises of Winchester, Inc., a corporation organized under and pursuant to the laws of the Commonwealth of Virginia, successor in title to Homeland Development Corporation, party of the first part; and Apple Towne, Inc., a corporation, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt of which is hereby acknowledged, the said party of the first part does hereby convey, with general warranty of title, unto the said party of the second part, in fee simple, all of those certain lots of land lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, 'designated as Lots 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, and 41, Section One, Heritage Hills, and more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 424, Pages 504, 505, and 506; and being a part of the same property conveyed to Homeland Development Corporation by Deed of Haven M. Wolfe, widower, dated June 21, 1971, recorded in the aforesaid Clerk's Office in Deed Book 389, Page 444, to which reference is here made to the aforesaid Deed for a more particular description of the property hereby conveyed. This conveyance is made subject to the duly recorded and enforceable restrictions as shown on that certain Deed of Dedication dated December 12, 1973, except for Restriction (a.) which provides: No dwelling house shall be constructed on any lot at a cost of less than $18,000.00, exclusive of lot cost, nor having a foundation area of less than 1000 square feet, or 1250 square feet LAROENT. ANDERSON & LARRICK AIT0RNHY6 AT LAW WINCHH6THR. t'IROINIA 3.7m- �tDr� 837 if including carport or garage, or 1800 square feet for a 2-story or split level home developing both floors. Said cost figure is based upon the Bureau of Labor Cost of Living Index as of the date December 1, 1971, and is to be adjudged in accordance with changes in said Index in the future; which restrictions are of record in the aforesaid Clerk's Office in Deed Book 424, Page 497, and to all easements and rights of way, if any, affecting title to the said property. The p a r t i e s h e r e t o join in the execution of this deed for the express purpose of waiving that portion of Restriction (a) which requires that no dwelling house shall be constructed at a cost of less than $18,000.00 as to these lots an all other lots in the subdivision. The said party of the first part covenants that it has the right to convey the said property to the said party of the second part; that the said party of the second part shall have quiet and peaceable possession to said property, free from all liens and encumbrances, except as hereinbefore stated; and the said party of the first part will execute such further assurances of title as may be requisite. WITNESS the signature of R. Jean Alford, President of Vista Enterprises of Winchester, Inc., and seal duly attested and affixed hereto by its Secretary, Richard C. Mason, all duly authorized, this U day of�.�e-�ce�J , 1975, and the following signatures and seals: �`�auuuurr' VISTA �;,5.,..... BY eRroR�t �EST 5JtAl • _ Secretary API LwxasNT. "iCB 1+�Tlc�nrmt�coT : BY: ATTORNR 1�lf I , &A I X V�/ AT I.AF't 9/ WINCHUSTJR. V%ApX. lrvv J OF WINCHESTER, INC. siaen TOWNE,C. 1 -2- .ARGENT. ANDERSON 9e LARRICK ATTORNEYS AT LAN WINCURST=R. VIRGINIA tiUuk' 450 PAGE 838 STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: I ► £ 2- az% X, l , a Notary Public of and for the County and State aforesaid, do hereby certify that R. Jean Alford, President, and Richard C. Mason, Secretary, of Vista Enterprises of Winchester, Inc., whose names are signed to the foregoing instrument, bearing date of the / i � ay of �e")'OP'✓ , 1975, have personally appeared before me in my County aforesaid and acknowledged same. My commission expires `? Given under my hand this day of G1_1466 _ 1975. / otar Pu b 1 is STATE OF VIRGINIA,- COUNTY OF FREDERICK, to -wit: r / I • ( �'x-lam a Notary Public of 61 and for the County and State aforesaid, do hereby certify that"�Lz� Q.' �1.�� , President, and - , Secretary, of Apple Towne, Inc., whose names are signed to the foregoing instrument, bearing date of the da Y of GEC fi' 1975 have _ personally appeared before me in my County aforesaid and acknowledged same. My commission expires Given under my hand this day of 1975. Nota�fv"Public V_RaINA FREJ?RIC:r COUNTY, SCT. 1 is i.:: tr Sze :t G JYiLS.g was pro..ce:l to me on the r a u °� t i certacknowl dgine..it tharato adze .j i vls ad .. ; i to rotco_d. Ta.� .inp,-)ssd :)y S3c. d:3-j4. i ,A and 5�-��4 huve been paid, is a .:�a s-b'_e. l