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HomeMy WebLinkAbout07-89 The Potomac Edison Company - Stonewall - Backfile'rye COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5650 FAX 703/667-0370 May 9, 1989 The Potomac Edison Company ATTN: Daniel F. Spofford Downsville Pike Hagerstown, Maryland 21740 Dear Mr. Spofford: This letter is to confirm the Frederick County Board of Zoning Appeals' action at their meeting of April 18, 1989: Approval of Variance #007-89 of the Potomac Edison Company for a 55' front yard variance for the relocation of protective fencing to enclose additional facilities. This property is located on the south side of Route 661 (Redbud Road), south 2,500 feet of its intersection with US Route 11, in the Stonewall Magisterial District. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, Kris C. Tierney Deputy Director KCT/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 The Potomac Edison Company Part of the Allegheny Power System Downsville Pike Hagerstown, MD 21740 Phone: (301) 790-3400 DAN SPOFFORD Real Estate Representative (Surveys and Right -of -Way) 0 10 VARIANCE #007-89 The Potomac Edison Company LOCATION - On the south side of Route 661 (Redbud Road), south 2,500 feet of its intersection with US Route 11 MAGISTERIAL DISTRICT - Stonewall TAX MAP AND PARCEL NUMBER - Tax Map 43, Parcel #153 LAND USE AND ZONING - A-2 (Agricultural General) ADJACENT LAND USE AND ZONING - Agricultural and residential land use zoned A-2 (Agricultural General) PROPOSED USE AND IMPROVEMENTS - Relocation of protective fencing to enclose additional facilities VARIANCE - A 55' front yard variance REASON FOR VARIANCE - The required addition of 138 kV line breakers to this substation cannot be installed within the confines of the existing fence. BACKGROUND INFORMATION - The existing fence, and some structures enclosed within it, are presently situated inside the required setback. STAFF COMMENT - The engineering of the proposed addition is such that it cannot feasibly be located elsewhere on the site. 6 6 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 4007 B Application Date -) - Fee Paid? 0 Submittal Deadline is For the Meeting of 1. The applicant is the (owner) x (other) (check one) 2. NAME: The Potomac Edison Company OCCUPANT: (If other than applicant) ADDRESS: Downsville Pike NAME: Same Hagerstown, F7 ADDRESS: TELEPHONE: 30 79 - TELEPHONE: 3. The property is located at (please give exact directions) At the south side of Route 661 (Redbud Road) 2500' south of its intersection _ with U.S. Route 11. ProiDerty is on the right just ore e B & Rai roa . 4. The property has a frontage of 422.8' feet and a depth of 540' feet and consists of 3.60 acres. (Please be exact) 5. The property is owned by The Potomac Edison Company as evidenced by deed from C. Irvine Cather recorded in deed book no. (241) ( 284) on page (545) (48) registry of the County of Frederick 6. This property is designated as parcel no. 153 on tax map no. 43 in the Stonewall Magisterial District. , 7. Property Identification Number: 43000-A00-0000-0000-01530 8. The existing zoning of the property is: 17 --2 9. The existing use of the property is: Electrical Utility Substation 10. The adjoining properties zoning is: 9-'Z 11. The adjoining properties land use is: -T:L?S 12. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) A 1V front yard variance for the relocation of protective fencing to enclose additional facilities at the existing Redbud Substation. 13. List specific reason(s)-why the variance is being sought in terms of: - exceptional narrowness, shallowness, size, or shape of a specific piece of property, or - exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or - the use or development of property immediately adjacent thereto The required addition of 138 kV line breakers to this substation can be installed within the confines of the existing ence. There is no op ion _or the location of these breakers. . Page Two • Variance 0 14. The following are all of owning property adjacent (across street from) the sought. (Use additional notified by mail of this NAME the individuals, firms, or corporations to both sides and rear and in front of property for which the variance is being pages if necessary). These people will be application: (Please list complete 21-digit number) 1. North Stephenson, Inc. Address: Route 8, Box 548, Winchester, VA 22601 Property ID#: 43000-A00-0000-0000-01520 2. Fort Collier Farm, Inc. Address: Post Office Box 440, Winchester, VA 22601 Property ID#: 43000-A00-0000-0000-01540 3. Harry L. McCamm Address: 315 Jefferson St., Winchester, VA 22601 Property ID# 43000-A00-0000-0000-01580 4. John V. Godlove Address: Route 8, Box 526, Winchester, VA 22601 Property ID#: 43C00-005-0000-0000-00170 5. John V. Godlove Address: Route 8 Box 526, Winchester, VA 22601 Property ID#: 43C00-006-0000-0000-000AO 6. Address: Property ID#: 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any Existing wood poles and anchor guys located outside of the existing fence will be removed. I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits t sm' to a true cif ATnl i can LDate j7dow 95) rr The Potomac Edison Company Signature of Owner: Date For Office Use Only BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) Ee! Approval Denial CHAIRMAN: I"e/-z a4o-' 0 0 Page Three Variance Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photo- graphs with this application. EXAMPLE i i Adjoining Property YOUR__ PROPERTY Adoining Property � 1 CI p T _ _ N C. 'Addi i�--� Lion n_ I _ Property Linew ____Center of Road ------- Road SHOW THESE MEASUREMENTS I .1, % X X : z Page 'Three Variance Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photo- graphs with this application. EXAMPLE , Adjoining Property 0 v N r- YOUR PROPERTY Addr ion ining Property _!_—Center of Rood ------- Rood SHOW THESE MEASUREMENTS . e N\\ 1%7 / q 6 w•• T1 9 4 9 Al �10 6 11 7 12 1 12 6 IOA T Q fM-u 9 � e s • 67 r. 14 2 10 11 w..r 16 13 12 Oki 14 fh•u• �6 e7 „ 15 6.3 •� � e • • 93 • 94 • � 62 i i M Q W^� 1 • II Sf M 71 •o 66 92 d •3 4.1 •4A M•2 Q ' 1128 4 Q •0 4t` 12A e S3 •va 4x 031 b'+c r• • / 140 O • • a( ys • S2 G H •PW QPf • 1 Ka Sed 'bp •1• 150 .2 •I • •ZT 'V' S B / �o •• IN c,g > •tis � ? � 23 sc 22 4• • p ee S � 3aA b• A 1 ,w• 3328 • °e • FORT 4 AA3� �, I!. RE • I� cDILIER R+ 661 30 • ^ I • fAlal INC. ,V i 2� d • :�. z 37 � O r h t57 2 I '4 i• 154 c IS4 26A i 1 I 1 k tr.. m e� I • STO►�WALI` DISTRICT SECTION ____� COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 April 4, 1989 TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) RE: Application #007-89 of The Potomac Edison Company FOR: A 55 foot front yard variance for the relocation of protective fencing to enclose additional facilities at the existing Redbud Station. This property is located. at the south side of Route 661 (Redbud Road), south 2,500 feet of its intersection with US Route 11, in the Stonewall Magisterial District. This variance request will be considered by the Frederick County Board of Zoning Appeals at their meeting of April 18, 1989, at 3:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Kris C. Tierney Deputy Director KCT/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia . - 22601 This is to certify that* attached correspondence was mailed to the following on ►r' April 4, 1989 from the Department of Planning and Development, Frederick County, Virginia: EoU5em C-6-- fILI VJG W"S V 1,`-e 1 iAKe- 9/ -k Gt-Q COY$ • t- W tl / -D Z k-1�L 0 MORTH STEPHENSO i IiNCo RT' 8 BOX 543 114 i NCHESTER m VA.. 22601 F0RT COLLIE-R. FARM? INC* BOX 440 WINCHESTEsR? VAo 22601 MCCANN? HARRY L .315 JEFFERSON STREET WINCHESTER? VAa 2601 GOOLOVEx J0HN y& 8 RO 'ELL.A RT. 8 BOX 526 WINCHESTERt VAo 22601 J K is C. TkTk� �ey, Depu Director FrederiCounty �pC. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, _ ;C0��L k. a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated ��y,'j �/ �`� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day ofpj-;J , 1989. My commission expires on 4•es �)•3, �� �j NO NAME ON FILE ; Y 43000-A00-0000-0000-0152-Si NORTH STEPHENSON: INC. 9. PIKE _ RL._ 8—BOX 543 WINCHESTEP P VA. 22601 43000-A00-000.0-03.OQ=_415.4--S?__..--F�L_..SQ.L_LI.ER_ FARM, INC. HACKWOOD - -_ X__440 ---_ WINC-KESTE3* VA. --- -- -- -- -- - 22601 43000-A00-0000-0000-415.8-0 MCCANN_t__HARRY L. RED BUD ROAD 315 JEFFERSIlN_.STREET WINCHESTER: VA. 22601 43COO-005-040^-0000-0017-0 GODLOVEt JOHN V. RCZELLA LATHER L17 -RT_. 8__BOX 526 VA. _WINCHE_STER, 22601 43COO-006-00n0-(!010-000A-0 G`)DLOVLY J.)HN V. & POZELLA Me PIKE RT. 8 BOX 526 W-IN.CN_ESTER: VA, 22601 37.92 A2 AG 811800 66.18 M1 AG 198150O 50.33 A2 AG A2 RS .20 A2 AG 849500 400 769200 249200 69000 291P900 4195 W/i 10/30/62 0 era f�ui 4610 THIS DEED made and dated this /6'� day of J , 1962, I 1by and between C. Irvine Cather and Sara Belle Cather, his wife, parties of Ithe first part; and Northern Virginia Power Company, a corporation created by and existing under the laws of the Commonwealth of Virginia, hereinafter Isometimes referred to as the "Company," party of the second part. WITNESSETH: That for and in consideration of One Dollar ($1.00) cash in hand paid by the party of the second part to the parties of the first part, and other valuable consideration, the receipt of which is hereby acknow- ledged, the parties of the first part do hereby grant and convey, with general warranty of title, unto the Northern Virginia Power Company, its successors and assigns, all of that certain parcel of land shown on the attached plat as Parcel "B", fronting on the eastern boundary of Interstate Route 81, a short distance south of its intersection with Virginia Route 661 and adjoining other property of the power Company situate in Stonewall Magisterial District of Frederick County,. Virginia, containing 5, 917 sq. ft. and more particularly described with reference to a plat and survey made April 9, 1962, by Lee A. Ebert, Certified Land Surveyor, as follows, to -wit: "Beginning at the Power Company corner monument in the northern R/W line of the B. & O. Railroad, running with the southwestern line of the said Power Company Lot N 510 W - 132. 8 ft. to an iron pin corner in the eastern R/W line of U. S. Rt. 81; thence with the said line S 10 38' 30 E - 117.43 ft. to an iron pin corner in the said Railroad R/W Line; thence with the said line N 710 17' 40" E - 105.42 ft to the beginning." This is a part of a certain tract or parcel of land, containing 55 Acres, more or less, conveyed to C. Irvine Cather and Sara Belle Cather, his wife, by deed from E. W. Cather and Mary E. Cather, his wife, bearing date January. 10, 1946, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 194, at page 415, to which deed, the references therein contained, and the plat and survey hereto attached, reference is here made for a more particular description of the property -1- 9 bm 2LA i,.m' 4!j 0 herein conveyed The parties of the first part covenant that they have a right to convey said property; that the same is free from liens and encumbrances; and that they will forever warrant and defend title thereto. WITNESS the following signatures and seals: (SEAL) z ' C. Irvine Cather C�' Ll�(7 (SEAL)+ Sara Belle amer I STATE OF VIRGINIA, OF -. ,' To -wit: 1, Wilbur L. Kern, a Notary Public in and for the State of Virginia at large, do hereby certify that C. Irvine Cather and Sara Belle Cather, his wife, whose names are signed to the foregoing and annexed writing, bearing date on the /6 day of 7^ , 1962, each has personally appeared before me and acknowledged the same in the County and State aforesaid. ..L My Commission as Notary Public expires Given under my hand this 144day of 1962. Notary -2- BOUT: %ti'i iY,GE JU U. S R/w LINE RT 81`c 400' /Q`t' NO. VA. POWER CO. LOT R-O-W i 1 R/w LINE PARCEL "A" \ �� 8,837 SQ.FT �\ ° .3. IN, o� 4 '� I MAG 36 Z \ 60 SCALE Ito t o \ \ The above Plat is a Survey of Two Parcels of the C. Irvine Cathe.\ \ Lando Tho said Parcels lie southwest of the Red Bud Road, in Stonewall ` District, r^redorich County, Virginias PARCEL "A" - 8,637 Sq. Ft.: Bsginnin3 at an iron pin in the northwestern line of the Northern Virginia Power Company Lot, the south- eastern corner of Lot 17 of the Cather Lots fronting the Red Bud Road, running with the southwestern line of the said Lot 17 and contin-oing with a portion of the southwestern line of Lot 16 - N 510 h'-- 123-17 ft. to an iron pin corner in the eastern R/W line of U. S. ^t. 81; thence with the said line S l0 381 30" E - 189.11 ft. to an iron pin corner in the north- western line of the said Power Company Lot; thence with the said line N 390 E - 143.49 ft, to the beginning. PARCEL "B" - 5,917 Sq. Ft.: Beginning at the Power Company cor- ner monument in the northern RAI Lino of the B. & 0. Railroad, running with the southwestern line of the said Power Co:mDany Lot N 510 W - 132.6 ft. to an iron pin corner in the eastern RIW line of U. So Rt. 81; thence with the said line S 10 381 30" E - 117.43 ft. to an iron pin corner in the said Railroad R/t•1 Lino; thence with the said line N 710 17" 40" E - '105.I4.2 ft, to the beginning. _ _r Surveyed - - - April 9, 1962. L E A. EB IRT, vl:tGcrlA FREDe'CK COU:,TY, SCr. �r7-�-� Certified Land Surveyor, This Instrument of writing was produced to me on the d�}Cxf'" r "' � `I is 64 e Ct 4— ' /O % , and with cerlifica&Ll' of a nowledgment thereto annexed was o mltted , R9fecord. r > Clerk. i sheet NO Form 20 701 SKETCH TO ACCOMPANY WORK ORDER THE POTOMAC EDISON COMPANY 'AIRL'If'fI (CONSTRUCTION COMPANY) TITLE REDBUP SCI95TATION - P R 0 P EP T Y AC.1U;P E D FRC)MI G. IRVAF CATf4EA (I UA W.O. N0.--/----- DWG• 1b f lJti �'1 'w N 0. �— — SCALE I� _1�`�. DATE q-13 7�l DRAWN BY TNC L.�iE�,rt.. APPROVED 'Y' --- - r; ST'?rz a'r L C!`�' Rfr.T C'A I , , L T I A�' � \o� ►J� hT�i� �!' t'4R(�i1�iA P�U,��R C�1. ON. GNMY1. FROM CARVIN:" vA etc R et�i. 3.54.ACR15 a �x�� /off I L„ X:.i ETA: CON." P REDBUD SUB5TATION cn \ ti �vsj w ND-16465 b �&cj NORIHE RN �; RC -AN A P0Wf R.- Q. — - - - Fc�onn _ I n «r� 1p5 4, COM.MOa. GAR1 INE CANER etuz.'°% 0.14 ACRE �_ CON.MN DETAIL SCALE 1"-60' VA. 0 ND- 115 8 5' • THIS DEED made and dated this 8th day of June, 1956, by and between C. Irvine Gather and Sara Belle Gather, his wife, parties of the first part; and Northern, Virginia Power Company, a corporation created b,, and existing under the laws of the Commonwealth of Virginia, hereinafter sometimes referred to as the "Company", party of the second part. WITNESSETH: That for and in consideration of One Dollar (41.) cash in hand paid by the party of the second part to the parties of the first part, and other valuable consideration: the receipt of which is hereby- acknowledged, the parties of the first part do hereby grant and convey, with general warranty of title, unto the Northern Virginia Power Company, its successors and assigns, all of that certain parcel of land, fronting on the south- western boundary line of the Red Bud Road - Rt. #661, a short distance southeast of its intersection with the A art thsburg Pike - U . S. #11, situate in Stone -wall magisterial District of Frederick County, Virginia, and more particularly described with reference tc a plat and survey made May 10, 1956, by Lee A. Ebert, Certified Lard Surveiror, as follows, to wit: "Beginning at an iron pin at the intersection of the southwestern Boundary line of the Red Bud Road with the northern Right-of-way line of the Baltimore and Ohio Railroad, running with the said boundary line N 510 W - 422.8 ft. to an iron: pin corner to Lather's Other Land, the said pin being S 510 E - 630 ft. from an iron pin corner to Lot 10 of the C. Irvine Gather Lots; thence with the two followli.ng lines of the said Other Land S 390 W - 470 ft. to an iron pin; thence S 510 E - 211.4 ft. to an iron pin in the northern Right -of wa; line of the Baltimore & Ohio Railroad; thence .rith the four following Right -of ­�-:ay lines N 700 51' E - 73.3 ft.; thence N. 680 071 E - 100.8 ft.; thence N 610 E - 121.3 ft.; thence N 590 41t E. - 221.55 ft. to the beginning. Containing -- 3.54 Acres". This is part of a certain tract or parcel of land, containing 55 Acres, more or less, conveyed to C. Irvine Gather and Sara Belle Gather, his wife, by deed frog E. W. Gather and Mary E. Cather, his wife, bearing date January 10, 1946, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 194, at page 415, to which deed, the references therein contained, and the plat and survey hereto attached, reference is here made for a more particular description of the property herein conveyed. Also, for the consideration hereinabove recited, the parties of the first part do hereby grant and convey, unto the Northern Virginia Power Company, its successors and assigns, with general warranty of title, a perpetual easement and right of way upon which to construct, maintain and operate electric transmission and distribution: lines, with telephone wires thereon, including the necessary poles, wires, anchor guys, and other equipment and devices, over, along and upon their other land, situate in Stonewall Magis- terial District of Frederick County, Virginia, acquired by them by the aforesaid deed from E. W. Cather, his wife, said easement and right of way extending from the northern corner of the lot hereinabove conveyed, in a northwesterly direction, for a distance of approxi- mately 630 feet, more or less, parallel to the Red Bud Road, as shown in yellow on the plat attached hereto, the northeastern edge of said easement and right of way to be located not less than 22 feet from the center line of said Road. The Company agrees that said power lines shall be supported by not less than 3 poles, and spans shall not exceed 200 feet. The Northern Virginia Power Company, its successors and assigns, are given the right of ingress and egress to and from said easement and right of way for the purposes herein set forth, the right to remove said lines, anchor guys, and other equipment and devices at their discretion, and the right to cut and trim, and keep cut and trimmed, all trees, bushes and other growth that may interfere with the safety, proper operation and/or maintenance of said lines, anchor guys and equipment. The consideration hereinabove recited also covers, and is in full satisfaction for all damages which may be caused to the parties of the first part, their successors or assigns by reason of the erection, construction lawful operation and maintenance of said • pole lines, anchor guys, equipment and devices, provided, however, that the party of the second part will pay for all damages to fences, crops and livestock on said easement and right of way caused by the maintenance, rebuilding gnd removal of said lines, anchor guys, equipment and devices, if notice in writing is giver. within thirty days after such damages are suffered, otherwise it is understood that such damages are waived: and, provided, further, that the parties of the first part, their successors or assigns, shall have the right to cross, recross, pass over and upon said easement and right of way continuously, with the understanding that such use shall not interfere with the use for which the easement and right of way is acquired. Witness the following signatures and seals: /s/ C. Irvine Cather (Seal) C. Irvine Cather Sara Belle Cather (Seal) Sara Belle Cather S, ate of Virginia County of Frederic, to —wit: i, Wilbur L. Kern, a Notary Public in and for the State of Virginia at large, do hereby certify that C. Irvine Cather and Sara Belle Cather, his wife, whose names are signed to the foregoing and annexed writing, bearing date on the P?th day of June, 1956, each has personally appeared before me and acknowledged the same in the County and State afore said. N.v Commission as Notary Public expires April 6, 1960. Giver_ under my hand this 8th day of June, 1956. APPROVED /s/ J. Sloan Kuykendall Attorney RECORDED Frederick County, Va. Book 21;1 Page 545 /s/ Wilbur L. Kern, Notary Public ND 115- 8 5 Form 20-701 SKETCH TO ACCOMPANY WORK ORDER Rev. 8 68 1101 Qr t, / • THE POTOMAC EDISON COMPANYill�i"lII�I/1 (CONSTRUCTION COMPANY) TITLE REDBUD SUBSTATION -PROPERTY ACQUIRED FROW C.IRVINEGAT1fER elux BST. N0. W.O. N0. No`• 16709-Ai L SCALE '103 -I3-72 TH05 L.NEfYC APPROVED DATE_ `�DRAwN BY BY SITUATED IN STONEVVILL DISTRIuT FREDER'l".k COUN?y, YIROMA TOTAL A)P El+H REMAfk,;'N(, - 3.60 A__,Rf) U- �1 l0 s190, Fri LOT F LOFd.hY.1A► '�. MD- 115P5 H V ,o kpRTHERN VIP61NIA P(M';R Gn GIN lWYN.)2l FROM c� GON.MJtJ. C.IRYItr`: uATrIER et�rz. <' 3.54 AGRES a� ILU ti ' SEE !BETA: L i CON. .� \loq PL MJN. REDBIID SUBSIATION Y (,ON.cn lei `7J N4.16465 ORTHERN VIR III+ P W GARVINE CATNER et.uz. 0.14ACRE: CON. , N. DETAIL SCALE 1'-60' • tl c� `-i c3+ A , � F� T jf�� Vhis brrib. tl:u{r this t' aC'..--dav of .,.d ietuliortk.vrn Vlr;inia Power Gogh yA a `1lrginla Ccrvoratlon :r. nu,rr than oar r, an, the Cttt!Nt ttii h. 1. i R ni ti7Rc1:�7 t, crantrr: t tt t 16ti -ni,1 4, the frontre to the ,granrnr, receipt nt :dnrssr2r' In—n>rdrration the sum o/ �-0. which is hereby aren..wlyds:"I' the said rrrntor herebv grants and ran, -5 uctr +aid canter in !ee simple, with genera! warranh, the land !nested in — $tOt'ei a1I Waristrrial Itistrict, in _ T-eder1Ck Count, and describrd as follrous Being as shown on Sheet No. 16 of the plan- for Route 81, State Higi'aray Project 0081-.o?L-o01,M-202, and lying on the northeast (right) aide of the Northbound Iane centerline and a�'jacent to the northeast property Line of C. Irriae Gather, from the lams of C. Irvine Gather opposite approximat^- Station W+97 to the lands of C. Irvi.ae 1 Cattier and the lands of the grantor opposite an-.roximte Station 959+50; thence 1JinE on the northeast (right) side of the Northbound Lane centerline and adjacent to the southeast property line of C. Irvine Gather from the last said Station to the L.nds of C. Irvine Cather opposite apprordmate Station 970+2C and cont.,aiaing O.C' acre, more or less, land; and being a part of the sane land acquired by the grantor from C. Irvine Cather, et ux, by deed dated June 9, 1956, and recorded in Iked Book 2419 Page 545, in the office of the Clerk of the Circuit Court of said County. For a more particular description of the land herein conveyed, referen^_e is madC to photo copy of said Sheet No. 16, showing outlined in RZD the Lad conveyed in fee simple, which photo copy is hereto attached as a part of this conveyance and recorded simultaneously herewith in the State Hi¢hWay Plat gook. ' J � C. IRVINE GATHER LOTS O LOT 10 - D.B. 2 13 - P. 316 ( h S 39e W IRON PIN0 fz '' ) C A T H E R'S O T H E R LAND o ID e `\ IRON PIN S 390 W - 470' cc Z W Q _ I 3.54 'ACRES W W NI - QoO2 O"o o M0R "eeo s- e F o.>, i F - 8 N s;e � 0 O f z z W n N o a Ne2' SS, c S8o so • qp The above Plat is a Survey of a portion of the C. Irvine Cather Land. The said Portion fronts the southwestern boundary line of the Red Bud Road - Rt. # 661, a short distance southeast of its intersection with the Martinsburg Pike - U.-S. #11 , and lies in Stonewall District, Frederick County, Vircinia: Beginning at an iron pin at the intersection of the southwestern boundary line of the Red Bud Road with the northern Right - of - ';ay line of the Baltimore & Ohio Railrcad, running with the said boundary lire N 510 W - 422.8 ft. to an iron pin corner to Cather's Other Land, the said pin being S 510 E - 00 ft. from an iron pin corner to Lot 10 of the C. IrvineCather Lots; thence with the two following lines of the said Other Lard S 390 'd - 470 ft. to an iron Tin; thence S 510 E - 211.4 ft, to an iron pin in the northern Right - of - Nay line of the BaltiLiore & Ohio Railroad; thence with the four.following Right -'of - Way lines N 900 511 E - 73.3 ft.; thenoe N We 071 E - 100.8 ft.; thance.N 610 E - 121.3 ft.; thence N 590 41' E - E21.55 ft. to the beginninv. Containing - - 3.54 Acres. �2 Surveyed - - - May 10, 1956. LEE A. EBERT, Certified Lnnd 8urveror, Comm. of Virginia # 484. • on IiKTIIF.R IITS E Sk..i,r: TIMT ItWNF.A., 0 part al seed Route __DL has been designated as a Ltmlted Access llighuay rn acccrdanre with the pr, iswna of .Irttrle t, Chapter 1, fitle 33. of the 1950 Code of Virginia. as amended; -wo, TIIEREFORE, for the aforesaid consideration the ,grantor loth also hereby grant and convey unto the grantee with general warranty any and all easements of access, light or a✓ incident to the lands of the grantor abutting upon said I.smited 4ccri. Uighway. and.'or upon ant of its rumps, loops, or connections at an,! u ah intersecting high- ways, the line, or lines along uhich said easements herein cnnvr.ed lie being described as follows: From a point on the east proposed right of way and liaited access lins opposite appro-cinate Statlon 968+97 (northbound lane), the lands of C. Irvine Catherl thence, along the said east proposed right of way and Baited access line to a point opposite approximate Statim 970+20 (northbound lane), the lands of C. Irvine Cather, and shown in BLUE on said photo copy. It is covenanted and agreed that this conveyance is made pursuant to the provisions of Article 3, Chapter 1, Title 33, of the 1950 Code of I irginia, as amended, a hick shall be a covenant running with the abutting lands of the grantor, which abut upon the said Limited Access llighuat, and or upon any of its ramps, loops, or connections at or with intersecting highways, along the said line or lines hrrcinahm c described, as if said Article as amended were herein fully rerited. Nothing herein contained shall he construed to coney any easement of access, light or air, incident to any lands Of the grantor abutting upon any highway other than said Limirt-d Access I/ighway, ramps, loops, and connections, nor as denying the grantor the right of ingress to and egress fr.,m any of the grantor's lands uhich abut upon any service road nou• or hereafter constructed by the grantee to provide access to and from said Limited Access Highway. . The said grantor covenants that he is seized of the land in Fee simple herein conveyed; that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet Possession of the land, free from all encumbrances, and that he will execute such further assurances of the said land as ,nay be requisite. The said grantor covennnts and agrees for himself, his heirs, successors and assigns, that the consideration herein - above mentioned and paid to him shall be in lieu of any and all claims to compensation for land, and for damages, if any, to the remaining lands of the grantor which may result by reason of the use to which the grantee uill put the land to be conveyed, including such drainage facilities as may be necessary. IN TESTIMONY WHEREOF, �Northara Vir,��ia Pcaer Cn,!, y , bus caused this deed to be executed by %%- Jr J%Lh'r�f�' its /���6 %�/Z/3S/U/nly'and its corporate seal to be hereto allixed and attested by L/ ! �, /�/eC/MVE4(4ts secretary, said officers beinj tbrrrunto duly authorized by resolution of its Board of Directors, copy of wbicb is attached hereto, all as of the day, mouth and year first bereinabove written. Cdx9i'lested. Affix Secretary 1 rtaern V!rp n1a Pcm r C =&QX to 4 •-11 MA.)Corp. need 1li9 r STATE OF-V tRG4XIA. Caney of !�. rf{iivr rot �• To �vttr 1 /�f/ w�� S 7cm6A-- o Notary Public in wd for the County aforesaid, to the State of ''J, do certify that ---d- whose nmnex-meyigned to the foregoing unitin& bearing date On thr L7 of F �'� �U,l� � Y 19 L.l+ooa eseh- scimwiledsed the same before aye in my County aforesaid. Ur terra of o9iee expiry" hand t 27r� a. 19T SNotwy Pnbik. STA VI IA. . Cooney of To�olt: the Cooney aforesaid, in the State of Virginia do Certify that and whose names we signed to dw foregoing WriNN& bearing date on th• aw of 19- haw awk . acbnowiadged the acme before nw in *tit Cooney aforesaid. YJr care. of e�'tee Qaw raw W4 had *tr. dav of lil N"y !oboes Form 20-701 SKETCH TO ACCOMPANY WORK ORDER PCY,B-flti �J ter A' f THE POTOMAC EDISON COMPANY (CONSTRUCTION COMPANY) Sheet _. ,I — of _ 1.__-.rimer• NO W.O. N0. TITLE.RED-BUD SUBSTATION -PROPERTY ACQUIRED FROM G.IWNECATNER clux. DwG. 16709-gy-L _ NO. , SCALE 109' DATE 9-13-72 DRAWN BY THIS LNEWC. APPROVBy SITOATED IN STONEWILt DISTRICT EREDERiC,k COOT Y, VfR WA TOT AI V,FEE AGE REM AI!1!W-- �6D A�R;:E 0 UJ Z V I ac z 04 Z Qc TO +` Gs l CON. MON.. �Fv 1 LOT IT I \ �<Z) ND-115R5 NORTHERN VIRGINIA PJ ;:R CO ON U" E GON.M:k�. I;�.IRVIhE CA Lk3HER et.Ux. 3.54ACRES r. i ctZ 1 SEE DETa�L c, 1.MON. RED�tiJ S1IBGTAiIJN w cpI ND i6465 4; "�` NORIHERN VIRC�Ii�►{ .P 1N i`' ER --F iu, �aq�� `pyb2 CON MW GARVINE CATHER et.uz. 0.14 ACRr GETAIE. SCALE I'-60' caN,t�. APPLICATION FOR VARIANCE Y_ IN THE COUNTY OF FREDERICK, VIRGINIA Variance Application No. 00 7 B' Submittal Deadline is Application Date -) - For the Meeting of Fee Paid p 1. The applicant is the (owner) x (other) (check one) V 2. NAME: The Potomac Edison Company OCCUPANT: (If other than applicant) l ?V� ADDRESS: Downsville Pike NAME: Same Hagerstown, MD 21740 ADDRESS: TELEPHONE : 30 790- 37 - TELEPHONE: 3. The property is located at (please give exact directions) At the'south_side of Route 661 (Redbud Road) 2500' south of its intersection' with U.S. Route 11. Pr22rtv is on the right just before e B & 0 Rai roa . V -- 4. The property has a frontage of 422.8' feet and a depth of 540' 1 feet and consists of 3.60 acres. (Please be exact) 5. The'property is owned b The Potomac Edison p � y y Company as evidenced by deed . from C. Irvine Cather recorded in deed book no. (241) (-.284) on page (545) (48) registry of the County of Frederick 6. This property is designated as parcel no. 153 on tax map no. 43 in the Stonewall Magisterial District. 7. Property Identification Number: 43000-A00-0000-0000-01530 8. The existing zoning of the property is: A--2 9. The existing use of the property is: Electrical Utility Substation 10. The adjoining properties zoning is:' 4 1 1 . The adjoining properties land 'use is:�as. 12. Describe the variance sought in terms of distance and type. (.For example - A 3' rear yard variance for an attached two car garage.)' A W front yard variance for the relocation of protective fencinq to enclose additional facilities at the existinq Redbud Substation. 13. List specific reasons) -why the variance is being sought in terms of: - exceptional narrowness, shallowness, size, or shape of a specific 14_ The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is be<ino' sought. (Use additional pages if necessary). These people will be notified by mail of this application: ('Please list complete 21-digit number) NAME 1. North Stephenson, Inc. Address: Route 8, Box 548, Winchester, VA 22601 Property ID#: 43000-A00-0000-0000-01520 2. Fort Collier Farm, Inc. Address: Post Office Box 440, Winchester, VA 22601 Property ID#: 43000=A00-0000-0000-01540 3. Harry L. McCamm Address: 315 Jefferson St., Winchester, VA 22601 Property ID# 43000-A00-0000-0000-01580 4. John V. Godlove Address: Route 8, Box 526, Winchester, VA 22601 Property ID#: 43C00-005-0000-0000-00170 5. John V. Godlove Address: Route 8.Box 526, Winchester, VA 22601 Property ID#: 43C00-006-0000-0000-000AO 6. Address. Property ID# 7. Address: Property ID#: 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 15. Additional comments, if any Existing wood poles and anchor guys located outside of the existing fence will be removed. I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Zoning Appeals of the County of Frederick, Virginia, and authorize the members of the Board of Zoning Appeals or a representative of the County to go upon the property for the purpose of making site inspections. I/we hereby depose and say that all of the above statements and the statements contained in any exhibits tr sm' to arit true Signature cf App lican— Date 17 � �-Da-rrs= The Potomac Edison Company Signature of Owner: Date