HomeMy WebLinkAbout15-93 Snappy Lube Don & Pat Snapp - Back Creek - Backfile (2)RECEIPT
N2 023874
AMOUNT DUE
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AMOUNT PAID
BALANCE DUE
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CASH
❑ CHECK
❑ OTHER
FREDU. _ :: ,'r , ._; , . C. PLANNING AND DEVELOPMENT
P.O. BOX oua, ST.
WINCHESTER, VIRGINIA 22601
4
RECEIVED FROM
DATE
ADDRESS _ i ' w"v"' ✓��� r �-�^ I�v
THE SUM OF DOLLARS $ / D
FOR
DATE: TIME:
NAME: AzAppy Log
ADDRESS: 4141 VAi-�Q PrkE
TAX MAP: 75 -A - 11F7
ZONING: 9'3
SUBJECT: PP-104FWAY '5fAC-/NO
VIOLATION NO:
PHOTOGRAPHER: K LILLSY
I I I I �L ram= '
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DATE: TIME:
NAME: 15NAFP`( LuBE
ADDRESS: 4-14( VALLEY PI KC
TAX MAP: 75 — A — I
ZONING: $r 3
SUBJECT: 'P21VEWA-( SPAGINCa
VIOLATION NO:
PHOTOGRAPHER: 12�• L ILL,EY
I
September 27, 1993
Snappy Lube
Don & Pat Snapp
4141 Valley Pike
Winchester, Virginia 22602
Dear Mr. & Mrs. Snapp:
COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their
meeting of September 21, 1993.
Application ##015-93 was approved for a. 175' variance from the normal separation requirement
of 2007.between entrances to allow for a new entrance to your proposed office building.
This property is located two miles south of Winchester, on the east side of Valley Pike (Route
11 South), in the Back Creek District, and is identified as PIN 75-A-11F.
If you have any questions regarding the approval of this variance, do not hesitate to call this
office.
Sincerely,
Ronald A,,ile
Planner IT
RAL ilk
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
E
0
�.c COUNTY of FREDERICK
Department of Planning and Development
703 / 665-5651
Fax 703 / 678-0682
MEMORANDUM
TO: Finance Department
FROM: Denice Cather, Clerk Typist
SUBJECT: Return Of Sign Deposit
DATE: September 22, 1993
The amount of $25.00 was deposited in line item #10-1911-08 for the person named
below as a deposit for a sign. They have now returned the sign and are therefore
entitled to the return of their deposit. Please send a check in the amount of $25.00 to:
Snappy Lube
239 Kline's Mill Road
Middletown, Virginia 22645
� s . --�C)(�s -q3
Please contact me if you have any questions.
DRC/gll
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
0
BZA REVIEW DATE: 9/21/93
VARIANCE #015-93
DON AND PAT SNAPP
SNAPPY LUBE
LOCATION: Two miles south of Winchester on the east side of Valley
Pike (Route 11 South)
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 75-A-11F
PROPERTY ZONING & USE: Zoning - B-3 (Industrial Transition)
Land use - Automotive Oil Change Business and
Office
ADJOINING PROPERTY ZONING & USE:
Zoning
Use
North
B-2
Commercial (Insurance)
East
B-3
Commercial (Warehouse)
South
B-3
Commercial
West
RA
Church
VARIANCE: 175' from normal entrance separation requirement of 200'
to allow for a new entrance to proposed office building
REASON FOR VARIANCE: Applicant states that further development of
land valued at $200,000 would be prevented as it would be land -locked
and that not allowing this variance would result in an ongoing safety
problem resulting from vehicles entering and exiting this site through
the same access. Applicant states further that the proposed variance
would allow traffic to exit Route 11 immediately to the proposed
office building without having to wait on Route 11 to turn into a two-
way access point.
STAFF COMMENTS: The entrance separation requirement of 200' is to
ensure safe and efficient travel along the arterial highway. This
separation is still required when there is a deceleration/turning lane
on the arterial highway. The separation requirement also helps
minimize the visual clutter along important arterial highways.
0 0
Snapp Variance
Page -2-
A site plan was recently approved for the expansion of the oil change
facility, which included a new entrance onto Route 11. That new
entrance, which is only 35' from the first entrance, was approved as
a special concession to aid in the traffic flow on the site. It was
approved with the provision that it be used only as an exit point from
this site.
One concern of staff is that the adjoining parcel to the north has two
entrances on its 150' frontage. The proposed entrance on the Snappy
Lube parcel would not only be within 25' of its own existing
entrances, but would also be within 25' of the southern -most entrance
to the parcel on the north side.
Another concern is that there is really no need for a separate
entrance to this portion of the parcel. The Zoning Ordinance states
that new entrances on arterial highways which no not meet the spacing
requirements shall only be allowed if access to a parcel cannot be
provided from existing access or shared access across an adjoining
parcel. The applicant has not shown that these options are not
viable. They could provide access to the proposed office building via
the back of the site. Another option is that of sharing the access
from Route 11 with the adjoining parcel to the north (currently used
by State Farm Insurance). The applicant needs to address these
options thoroughly.
A last option is the possibility of sharing the new "exit" lane from
the Snappy Lube facility. As stated, this was approved with the
provision that it be used only as an exit from this site, but that
approval was based on the 40' width of the entrance. Entrances are
generally allowed to be 50' wide. The Virginia Department of
Transportation (VDOT) comments on the proposed site plan noted that
there should be no barrier between the two areas of the site, allowing
access to the proposed office area from the oil change area, so it
appears that VDOT would entertain a circulation scheme that includes
two-way use of the new entrance. The applicant needs to specifically
determine whether the Virginia Department of Transportation would
allow two-way travel through this entrance if it is widened. The
applicant's assertion that there would be a lot of conflicting traffic
in such a scheme is dubious, since it is questionable that there would
be such a volume of traffic coming out of Snappy Lube. Plus, since
there is a decel/turning lane, traffic would not need to wait on Route
11 as the applicant claims.
The applicant has already been able to reasonably develop this parcel.
Further development may only be allowed if the Zoning Ordinance
requirements can be met. Since there are options for providing access
to the undeveloped portion of this site that are allowed by the Zoning
0
LI
Snapp Variance
Page -3-
Ordinance and since the applicant has not shown any condition that
meets the State guidelines of what qualifies as a hardship, there is
no proper justification for this variance.
STAFF RECOMMENDATIONS: Disapproval, based on lack of justification.
t
•
page 1 of 5 APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT
1. The applicant is the owner X other . (Check one)
2. APPLICANT: OCCUPANT: (if different)
NAME: Don & Pat Snapp NAME: Snappy Lube
ADDRESS 4141 Valley Pike
Winchester, VA 22602
TELEPHONE: 703/869-3622
3. The property is located at
State Route numbers):
ADDRESS: 4141 Valley Pike
Winchester, VA 22602
TELEPHONE: 703/869-3622
(give exact d recvions aid include
Approximately two miles south of Winchester, VA on the
e (3S+
*Aa+3* side of Route 11 south.
4. The property has a road frontage of 200 feet and a depth
of 217.8 feet and consists of 1 acres. (please be
exact)
5. The property is owned by Don & Pat Snapp
as evidenced by deed from Battlefield Partnership recorded
(previous owner) _ _--F,�n
in deed book no. 628 on page 706 of' the �
books of the Clerk of the Court for Frederick County i -tach'
a copy of the deed. ��
�;,` AUG 2 01993.
page 2 of 5
6. Magisterial District: Back Creek
7. 14-Digit Property Identification No.: 75000A0000011F
8. The existing zoning of the property is: B-3
9. The existing use of the property is:Commercial - Snappy Lube
10. Adjoining
Property:
USE
ZONING
North
commercial
B-2
East
commercial
B-3
South
commercial
B-3
West
church
RA
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.")
175' variance to allow for a new entrance to proposed
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
situation or condition of property, or
the use or development of property immediately adjacent
thereto
Further development of land valued at $200,000 tax base would be
prevented as it would be land locked. No allowed variance will
result in a ongoing.safety problem resulting in traffic:entering
and exiting through the same access..
13. Additional comments, if any
The proposed variance request would allow traffic to exit
Route 11 immediately to said business without having to set
in the highway waiting to turn due to two way traffic.
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: (Please list complete 14-
digit property identification number)
NAME
Address111-1 Musket Dr.,Winchester, Va 22602
.,JL 75000A000001 1 E
Lyle P. Strosnyder
Property I
Address 88
Toan & Associates
Property I
Address 18
K & J Investments
Property I
Address P-
Mt. View Church of
Property I
Christ
Property ID
Property I
Address
Property I
-Property
Address-
-Property
erty ID
Property
75000A0000011
ster. VA 22601
ester,
22603
Page 5 of 5
AGREEMENT
VARIANCE #��- y�
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) days 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 iS Zb �f
SIGNATURE OF OWNER DATE
(if other than applicant)
-OFFICE USE ONLY-
BZA PUBLIC HEARING OF ACTION:
- DATE -
APPROVAL
DENIAL
SIGNED: (1/'.
BZA CHAIRMAN
DATE: %' 21~��
351 4d'
vEe
�-i
y
I
SNAPP ENTERPRISES, INC
239 K.LINE'S MILL ROAD
MIDDLETOWN, VA 22645
August 19, 1993
Dept. of Planning & Development
c/o Board of Zoning Appeals
P. O. Box 601
Winchester, VA 22604
RE: Snappy Lube Expansion
Gentlemen:
Please be advised that we have no objection to the
proposed site plan submitted as the Snappy Lube expansion
dated July 29,1993. We support their request for a variance
to Article IV, 165-29 Motor Vehicle Access and more specifically
Section 4, which stipulates a 200 feet spacing distance between
driveways.
Ly1 P. Strosnyder
75000A0000011E
aSNAPP ENTERPRISES, INC.*
239 KLINE'S MILL ROAD
MIDDLETOWN, VA 22645
August 19, 1993
Dept. of Planning & Development
c/o Board of Zoning Appeals
P. O. Box 601
Winchester, VA 22604
RE: Snappy Lube Expansion
Gentlemen:
Please be advised that we have no objection to the
proposed site plan submitted as the Snappy Lube expansion
dated July 29,1993. We support their request for a variance
to Article IV, 165-29 Motor Vehicle Access and more specifically
Section 4, which stipulates a 200 feet spacing distance between
driveways.
1
��Z I
Charles Toan
Toan & Associates
75000300000005
SNAPP ENTERPRISES, INC .
239 KLINE'S MILL ROAD
MIDDLETOWN, VA 22645
August 19, 1993
Dept. of Planning & Development
c/o Board of Zoning Appeals
P. O. Box 601
Winchester, VA 22604
RE: Snappy Lube Expansion
Gentlemen:
Please be advised that we have no objection to the
proposed site plan submitted as the Snappy Lube expansion
dated July 29,1993. We support their request for a variance
to Article IV, 165-29 Motor Vehicle Access and more specifically
Section 4, which stipulates a 200 feet spacing distance between
driveways.
Keven V. Omps
K & J Investments
75000A0000011G
,
"— L � �--(21 8::� J hn E. Omps
& J Investments
75000A0000011G
• SNAPP ENTERPRISES, INC.*
239 KLINE'S MILL ROAD
MIDDLETOWN, VA 22645
August 19, 1993
Dept. of Planning & Development
c/o Board of Zoning Appeals
P. O. Box 601
Winchester, VA 22604
RE: Snappy Lube Expansion
Gentlemen:
Please be advised that we have no objection to the
proposed site plan submitted as the Snappy Lube expansion
dated July 29,1993. We support their request for a variance
to Article IV, 165-29 Motor Vehicle Access and more specifically
Section 4, which stipulates a 200 feet spacing distance between
driveways.
Vernon Barton, Trustee
Mt. View Church of Christ
7500A00000012
SNAPP ENTERPRISES, INC.*
239 KLINE'S MILL ROAD
MIDDLETOWN, VA 22645
August 19, 1993
Dept, of Planning & Development
c/o Board of Zoning Appeals
P. O. Box 601
Winchester, VA 22604
RE: Snappy Lube Expansion
Gentlemen:
Please be advised that we have no objection to the
proposed site plan submitted as the Snappy Lube expansion
dated July 29,1993. We support their request for a variance
to Article IV, 165-29 Motor Vehicle Access and more specifically
Section 4, which stipulates a 200 feet spacing distance between
driveways.
�r .tom
`..-.. --�
Bo4ttlefield Partnership
m` c'��q
,I
ti
0.T@1�i i
COMMONWEALTH H of VIC]R.GINIA
RAY D. PETHTEL
COMMISSIONER
Mr. David McClure, A.I.A.
606 Snyder Lane
Winchester, VA 22601
Dear Mr. McClure:
DEPARTMENT OF TRANSPORTATION
P. O. BOX 278
EDINBURG,22824
August 19, 1993
WILLIAM H. BUSHMAN
RESIDENT ENGINEER
TELE(703)984-4133
FAX (703)984-9761
Ref: Snappy Lube
Route 11
Frederick County
As requested, we have reviewed the above referenced project's revised site plan dated
July 29, 1993. Our recommendations may be found on the enclosed plans marked in red and
as follows:
1. Additional space needs to be provided on premises so vehicles can back from the
proposed parking stalls and turn around before entering Route 11. In order to do so the
office building will need to be shifted to the east a minimum of 10' . Also, signs
indicated "Backing into Route 11 Prohibited" will need to be installed at the locations
noted.
2. The proposed curb and gutter between the Snappy Lube access area and the office
building parking lot should be removed to provide access between the two areas.
Please revise and resubmit six copies for final approval. Should any changes be deemed
necessary please design them to meet or exceed the above recommendations.
Should you have any questions, please let me know.
Sincerely,
William H. Bushman
Trans. Resident Engineer
By: Robert B. Childress
Hwy. Permits & Subd. Spec. Senior
RBC/rf
Enclosure
xc: Mr. J. B. Diamond
Mr. S. A. Melnikoff
Mr. R. W. Watkins, Attn: Mr. Evan Wyatt
TRANSPORTATION FOR THE 21 ST CENTURY
COU •
Aw " COUNTY of FREDERICK
t
Department of Planning and Development
703 / 665-5651
"'R Fax 703 / 678-0682
September 8, 1993
TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
The Application of: SNAPPY LUBE
VARIANCE APPLICATION #015-93 FOR: a 175' variance from the normal 200' spacing
requirement between entrances onto primary road to allow for a new entrance to proposed
office building. This property is located approximately two miles south of Winchester, on
the west side of Route 11, in the Back Creek District, and is identified as PIN 75-A-11F.
This variance application will be considered by the Frederick County Board of Zoning
Appeals at their meeting of September 21, 1993, at 3:25 p.m., in the board room of the old
Frederick County Courthouse, Winchester, Virginia.
Any interested parties having questions or wishing to speak may attend this meeting.
Sincerely,
Ronald A. Lilley
Planner II
RAL/dc
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
This is to certify that to attached correspondence was ma > to the following on
September 8, 1993 from the Department of Planning and Development,
Frederick County, Virginia:
Snappy Lube
Attn: Don & Pat Snapp
4141 Valley Pike
Winchester, Virginia 22602
SNAPP , DONAL..D F
RT . i BOX 7:30
MIDDL ETOWN, VA.
22645 -•
75 A
STROSNYDER, L..YL..E P. , INC..
iii-i MUSKET DR
W:I:NCi-TESTER, VA.
22602
Toan & Associates
88 McGhee Road
Winchester, Virginia 22602
75
TOAN & ASSOCIATES
:360•- 2 MCGHE E ROAD
WINCHESTER, VA
5
K & ..1 INVESTMENTS, LC
1800 MARTINSBURG P IKl
WINC:HESTE:R. VA
5
CHURCH OF CHRIST OF
P O BOX 2702
WINCHE:STER, VA
STATE OF VIRGINIA
COUNTY OF FREDERICK
iiL
3 5
K 60.3-
A iic
2 2603--
A 12
Ronald A. Lilley, Plan r I
Frederick Co. Planning -Dept.
I, Renee' S. Arlotta , a Notary Public in and for the State and
County aforesaid, do hereby certify that Ronald A. Lilley, Planner II, for the Department of
September 8, 1993
Planning and Development, whose name is signed to the foregoing, dated ,
has personally appeared before me and acknowledged the same in my State and County foresaid.
Given under my hand this
My commission expires on
8th
day of September
page 2 of 5
6. Magisterial District: Back Creek
7. 14-Digit Property Identification No.: 75000A0000011F
8: The existing zoning of the property is: B-3
9. The existing use of the property. is: Commercial - Snappy Lube
10. Adjoining Property:
USE ZONING
North c-ommPrcial B-2
East commercial B-3
South commercial B-3
West church RA
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.")
175' varian o allow for a new entrance to proposed
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
situation or condition of property, or
the use or development of property immediately adjacent
thereto
Further development of land valued at $200,000 tax base would be
prevented as it would be land locked. No allowed variance will
result in a ongoinq.safety problem resulting in traffic entering
and exiting through the same access..
13. Additional comments, if any
The proposed variance request would allow traffic to exit
Route 11 immediately to said business without having to set
in the highway waiting to turn due to two way traffic.
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: (Please list complete 14-
di(Tit property identification number)
NAME
•
.Page 4 of 5
0
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.
Adjoining Propert • YOUR PROPERTY Adpining Prooert
o
�
v
—
r
'Addi--�
$
o_
Propert Line
--------------------L-Center of Road -------
Road
SHOW THESE MEASUREMENTS
SEE ATTACHED
706
BMB�kp
JJ(7J6)
OCT 0 7 19PS
#6043
BATTLEFIELD PARTNERSHIP
TO: DEED
DONALD F. SNAPP, ET AL
**************************
BK628PG706
THIS DEED made and dated this 16th day of September, 1986, by and
between, BATTLEFIELD PARTNERSHIP, a Virginia Partnership, party of the
first part, hereinafter called the Grantor, and DONALD F. SNAPP and
PATSY E. HIMELRIGHT, parties of the second part, hereinafter called the
Grantees.
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 Grantor
does hereby grant and convey with general warranty of title, unto the
Grantees, in fee simple, as joint tenants with common law right of
survivorship, all of that certain lot or parcel of land, together with
the improvements thereon and the appurtenances thereunto belonging,
lying and being situate along the East side of U. S. Route 11, in Back
Creek Magisterial District, Frederick County, Virginia, containing
43,560 Square Feet (1.00 Acres), and more particularly described as
Parcel 3 on the plat and survey drawn by II. Bruce Edens, C.L.S., dated
August 15, 1986, revised August 25, 1986, revised September 9, 1986,
attached hereto and by this reference made a part hereof as if set out
in full; and being a portion of the same property conveyed to the
Grantor herein by deed dated the 25th day of February, 1985, from First
American Bank of Virginia (Successor in interest to Shenandoah Valley
National Bank), Executor and Trustee of the Estate of Virginia M.
Shackelford, Deceased, et al, of record in the Office of the Clerk of
• . 707 i
6K62.8Pc707
the Circuit Court of Frederick County, Virginia, in Deed Book 590, at
Page 411. Reference is made to the aforesaid survey and deed for a more
particular description of the property herein conveyed.
This conveyance is made subject to all easements, rights of way and
restrictions of record affecting the subject property; and particularly
those restrictive covenants set forth in the Deed of Dedication, dated
March 4, 1986, and by this reference made a part hereof as if set out in
full, said Deed of Dedication being of record in the aforesaid Clerk's
Office in Deed Book 612, at Page 556.
This conveyance is further made subject to that portion of the 30
foot utility easement centered along the eastern boundary of the subject
property and the 20 foot utility easement along the southern boundary of
the subject property, both of which are shown on the aforesaid plat
drawn by H. Bruce Edens, C.L.S., dated August 15, 1986,•revised August
25, 1986, attached hereto and by this reference made a part hereof as if
set out in full, and with rights of way are reserved by the Grantor
herein.
The Grantor agrees to extend water and sewer lines to the subject
property at its expense.
The Grantor does hereby covenant that it has the right to convey to
the Grantees; that the Grantees shall have quiet and peaceable
possession of the said property, free from all liens and encumbrances;
and that it will grant such further assurances of title as may be
requisite.
-2-
— i r
BK628PG708
WITNESS the following signature and seal:
BATTLEFIELD PARTNERSHIP, a Virginia
Partnership
Y r-C � � (SEAL)
RALPH S. GREGORY, PARTNCR�=
Bcr �tJ,d/,�-��'%��_ (SEAL)
RICHARD G. HARDISON, PARTNER
STATE OF VIRGINIA, AT LARGE
City OF Winchester TO -WIT:
1, M. F. McLaughlin , a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify that
BATTLEFIELD PARTNERSHIP, a Virginia Partnership, by RALPH S. GREGORY and
RICHARD G. HARDISON, PARTNERS, whose names are signed to the foregoing
Deed dated the 16th day of September, 1986, have personally appeared
before me and acknowledged the same in my State and jurisdiction
aforesaid.
Given under my hand this 7th day of October 1986.
a
My Commission expires August 4, 1989 /
9 Z7
d6TARY PUBLI
-3-
• • � 709
BATTLEFIELD PARTNEPQ3H O9
BACK CREEK DISTRICT. FREDERICK COUNTY. VA,
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APPROVED. BY
va. Dept. of Hwys. a Trans.
Frederick County Sonttatlon Authorlty
Board of Supervlsors
SuWivislon Administrator
Dole ` - 11 • L
Date ` /l eer
Dote
Date
OWNERS CERTIFICATE
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T is instrument of writina was produced to me on the
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end with certificate of acknowledgment thereto anneced was
Ldmitted to record. Tax imposed by Sec. 58-A.1 of
and 58-54 have been paid, if arse-sab
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VEHICLE MAINTENANCE LOG • UNIT#
DATE
BEGIN
MILES
MILEAGE
AT FILLUP
FUEL GALLONS
OIL CHECK,
AT FILLUP
DRIVER
2
3
4
5
6
7
8
9
10
13
14
is
16
17
18
19
20
21*
22
23
24
25
27
2B
2-
30
31
Ending 114ileage
O