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HomeMy WebLinkAbout20-93 Dwight & Sherry Rinard - Back Creek - Backfile (2)RECEIPT M 023903 AMOUNT DUE A* T r`- (- 1� AMOUNT PAID 1f BALANCE DUE 1p) 1 $ PAID BY ❑ CASH C H E C f `El OTHER Ff _ANNING AND DEVELOPMENT P. WINCHESTER, VIRGINIA 22601 I _ RECEIVED FOM l , R\_ ADDRESS THE SUM OF�- FOR -) �./ �./' l }�!� I - LSD V 1 ry� DOLLARS $ —7D ' CD ANAM BY DAY -TIMERS REORDER No. 3221 —Printed in USA DATE: /n TIME: NAME: 21N.A 27 ADDRESS: TAX MAP: 72 J A - Zl A ZONING: MA SUBJECT: �IDE�jCEh� SEi9�l� VIOLATION NO: PHOTOGRAPHER: K' DATE: TIME: NAME: 9 f tJ,40 p ADDRESS: TAX MAP: ?2 - 2. ( A ZONING: PA SUBJECT: 41pe-AtAf- S�Tl3A�l� VIOLATION NO: PHOTOGRAPHER: );Z• LiLLfy DATE: TIME: NAME: ADDRESS: TAX MAP: 7z -- i4 , 2 1 ZONING: �2A SUBJECT: VIOLATION NO: PHOTOGRAPHER: K L« �, .. � a ... ... ter.. � �. ♦. :9^r`A4 a}�a%4e. ��� COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 21, 1993 Dwight & Sherry Rinard 5265 Cedar Creek Grade Winchester, VA 22602 Dear Mr. & Mrs. Rinard: This letter is to confirm; -action taken by: the Frederick County:Bmrzrd of Zoning Appeals at their meeting of October.-19 1993: Your application- l#020-93 was approved jbr a -9. 2' side yard setb#.gk., variance for an existing house and an additional 10.2' side yard variance for a,proposed attached deck (total side yard variance of 19.4,). This property is located off of'Valley Ave., on Cedar.Creek. Grade, in the Back Creek District, and is identified as PIN 72 A=21A. If you have any questions regardingyour variance, please- do. not hesitate to. call this office. Sincerely, 4-7_4 i/I Ronald A. Lilley Planner II RAL/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 rj COUNTY of FREDERICK y Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Device Cather, Clerk Typist SUBJECT: Return Of Sign Deposit DATE: November 1, 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: Dwight Rinard 5265 Cedar Creek Grade Winchester, Virginia 22602 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 COUNTY of FREDERICK t.: > Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 5, 1993 4 { TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: DWIGHT & SHERRY RINARD APPLICATION #020-93 FOR: a 19.4' side yard setback variance for an existing house and a proposed deck. This property is located on Cedar Creek Grade (Route 622), in the Back Creek District, and is identified as PIN 72-A-21A. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 19, 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. Liliey Planner H i• • M 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 PLANNING COUNTY OF FREDERICK vo 10, %tog— COURTHOUSE COMMONS 2ND FLOOR A U.S. 0 1Sr AGE - 9 NORTH LoUDOUN ST. P. O. Box 601 �Ir1 OCT '5'93 WINCHESTER, VIRGINIA 22601 0 .2 -j Peter Burrows 3058 Shepperton Terrace Silver Springs, Md 20904 ILJ 0 0 BZA REVIEW DATE: 10/19/93 VARIANCE #020-93 DWIGHT & SHERRY RINARD LOCATION: Off of Valley Avenue onto Cedar Creek Grade five miles to the Opequon Bridge, left at the bridge, 5251 Cedar Creek Grade MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 72-A-21A PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - residential (Route 622), 5.8 miles. ADJOINING PROPERTY ZONING & USE: Zoning - RA (Rural Areas); Land use - residential VARIANCE: 19.4' side yard variance: 9.2' for an existing house, and 10.2' for a proposed attached deck. REASON FOR VARIANCE: Applicant states that during excavation for the house foundation, the builder encountered rock and moved the house site. This was not realized until the financing survey was completed. The applicant notes that there is a driveway and substantial tree line between their property and the property used for cattle grazing. STAFF COMMENTS: The side setback in the RA district is 100' from parcels used for agricultural purposes. The intent of this requirement is to minimize the potential for conflicts between residential and agricultural uses, thereby maintaining agriculture as a viable use in the RA district. It is possible that the subsurface rock conditions would be a legitimate reason for getting a variance for the house location, but the need for a variance should have been pursued before proceeding with construction, and alternate locations within the required setbacks would have needed to be exhausted. A footer inspection was done by a private firm, as allowed by Frederick County, and was passed. As in other cases, despite the passing footer inspection, the property owner/permit holder is responsible for ensuring that the proper setbacks are provided. There is an access easement over 30' in width that runs between the applicant's parcel and the agricultural use on the adjoining parcel. Therefore, the house is still over 100' from the agricultural use itself and the proposed deck would be also. Further, the substantial tree line along both sides of the access easement provides a substantial buffer from the agricultural use. Therefore, the basic intent of the regulation would not be violated. With respect to the proposed deck, the applicant has not demonstrated any hardship as required by the Code of Virginia and County Zoning Ordinance. Still, with the access easement acting as a buffer from the agricultural use, staff feels that the basic intent of the Ordinance would not be violated by the proposed deck. STAFF RECOMMENDATIONS: Approval for the existing house and, if it is determined that there is no reasonable alternative to the proposed deck, staff would not object to approval for the deck. 0 0- 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 other (Check one) _� 2. APPLICANT: OCCUPANT: (if different)" ff NAME: �y�JiQh} QI �fl�r(1a i�1(1(lj [� NAME: SE?1g�3 �,��� ADDRESS 5�� W( C(Q, . Qy ADDRESS: �fl V000� w ryl ff TELEPHONE: 70_3 W 7 -3�3(o TELEPHONE: w) 1w - 6175 3. The property is located at (give exact directions and include State Route numbers): A+ 4 n f Yalk.�� �)ye and Coda- &e-k ads ( IAJ (oaa) OdQr Peed 0r(i� &tk ) aorl Qt aDOU les (n:k, tbesLdi w,Ay �T m, r ,gmI Jes, 1t-vt7 64 & ive 41 or 14 622 - re-e is CL fvw-' 1 O&V cLaSl . 90 d6WY-) fVeWoX-W f r1V'1 iJ'ri . 4. The proper y has a road frontage of J�. feet and a depth of 3 SU feet and consists of acres. (please be exact) 7Q, N 5. The property is owned bylilctrc[ as evidenced by deed from E. m r— recorded (previous owner) in deed book no. .7 on page 2 9 of the deed books of the Clerk of the Court for Frederick County. Attach a copy of the deed. r W page 2 of 5 6. Magisterial District:__o 7. 14-Digit Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is: 10. Adjoining Property: USE ZONING North �'� East0 0- i)x a_ South CYr West ; Y A 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.") 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 .hLcfldtog he& OrDa J hawe �qie was J&Ye'0 ri e,11 over IN), -W� Keh Mnrd i w ` p IW IC )1,* �,,,- Q k 13. Additional commgemOnts if an ih+5 was (O;Ra Coodat-b-&K " _--tbo MCI (31 -LL I.. ralw, IZOW 61 ev L tal I UA C) rcEf -s a I_n 0 i LtA I q � 1Arci q-e 01 Page 3 of 5 14. The followingnames 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) p� NAME I E. R �l�yer- Address Property ID# Property ID# A­ -Address,.3L5S6ke"dnn'%►-r. Si arrow Property ID# q`�ti con ,/ , 1��: ;Address �'1610Qamr. &-e'& t L(-ve Y cK J Property ID#"Q6 ' ' l G_ )) LYYI _L Addres Okctu-e< a' v� Property Address Property ID# Property Property Property ID# Address Property ID# Address Property ID# 1993 Page 4 of 5 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 Property YOUR PROPERTY Adjoining Property � o � 1 �v r 1Addi,�--+ $ � ion � D_477 j Pro erty Line i -----------------------Center of Rood ------- Road 0. SHOW THESE MEASUREMENTS 6-f—RP4,0( _ R+ to as C&r &eek 0 0. Page 5 of 5 AGREEMENT VARIANCE #_ Q�0-I3 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 SIGNATURE OF OWNER _ (if other than applicant). -OFFICE USE ONLY- DATE BZA PUBLIC HEARING OF ACTION: - DATE - APPROVAL DENIAL SIGNED: 2 Y//_ eof-"'� A BZA CHAIRMAN DATE: 0 • CEDAR CREEK GRADE C_LS4L4. 24'28_W f PT. 79.67' CHORD I f S 48. 32' 37" W-265.67' 1 ARC 265.68' O o R 7.005.207' 0 0 GO I O 75' BR ..L. O _n N I I N M 0 —IRON PIN (FOUND) H. U. D. FLOOD ZONE C: AREA OF MINIMAL FLOODING. THIS IS TO CERTIFY THAT ON AUGUST II. 1993. 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACH- MENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. TITLE REPORT NOT FURNISHED. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 7 ■ w� 0 a CD J n U U N cm 6.089 ACRES M to ai m ti w I � M N WELL �IM o• � v � IN I STORY `o J SIDING m m HOUSE I2 NO. 5265 too- 164.2� 349 89. N39•50'12"E p.g.162 - P. 86 L/At,�EN EBER ,/. �•- (LICENSE) No. 1498 I- O w M � N Q w U) w POU N U Q w M � O z 13 I• O L0 L� 10 w Y BEG. 0 <2D suRVE� 0 sLP1993 RECETV - 001. w RASA AND ji� County of Frederick Winchester VA 22601 OWNER: Rinard, Dwight and Sherry 135 Latane Street Winchester, VA PHONE: 703-667-8975 Footer PERMIT NUMBER: 0000415 - 93 INSPECTION DATE: 6/14/93 INSPECTION TIME: 15730 CONTRACTOR: Owner Contracted ADDRESS: Route 6ZZ 5265 Cedar Creek Grade 22601 Winchester. VA PHONE: 000 000 0000 Z2602 DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 72 A 21A SECTION: BLOCK: LOT: BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ SET -BACKS: HEALTH PERMIT NO.: DISTRICT: BACK CREEK FRONT: 100+ BACK: 100+ FLOO➢PLAIN: SUB -DIVISION: RIGHT: 100+ LEFT: 100+ AREA: Reliance ZONE: Rural Areas GREEN CARD: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Take Cedar Creek Grade go approx. 9 miles, house on L. House can be seen from the road REMARKS: USE GROUP: Use Group "R" Residential USE CODE: Modular CONST. TYPE: New SO FEET: 1820 ------------------------------------------------------------------------------------------------------------------------ Bldg. Size 52 X 35 Basement 1820 UNFIN Crawlspace Const. FRAME Truss Roof YES Conv. Roof Floor leis 2 X 10 Floor Cov. CARPET Exterior W 2 X 4 Covering SIDING Interior W 2 X 4 Covering DRYWALL # Stories 1 # Bedrooms 3 # Bathroom 2 +1 R.I. Total# Rms 10 Occup Load Note FIREPLACE Note Note Nate Note NOTES TO INSPECTOR: INSPECTION RESULTS: PASS: t� FAIL: RESCHEDULE DATE: TIME: ==COMMENTS== SCHEDULED INSPECTOR: ENG poi 0 Z OTHER LAND 50.911 ACRES PER D.B. 162 - P. 86 ZONED RA (� USE: AGRICULTURAL \I S 40. 34' 23" E - 789.53' I RESER ' _ gREgE S 44. 24' 28" W Z I ,` E 79.67' • 1 4'S'E4/ T (fl 100' BRL. /b 0 (n r N. D z m o m J OD rn tQ " 1 1 100' B.R.L. 1 N 40' 34' 23" W - 74 KEITH WILLARD RICHARDSON JANIE W. RICHARDSON D.B.417 - P. 64 ZONED RA USE: AGRICULTURAL CID • w CD mD N : 0 w r OO N C3 CA 0) N (11 yi 1 a) N Q1 (JI (20.001- J co m p N7 m 0 m omm CD co C=) a ro N County of Frederick Winchester VA 22601 • Building Permit • PERMIT NUMBER: 0000415 - 93 OWNER: Rinard, Dwight and Sherry 135 Latane Street Winchester, VA PHONE: 703-667-8975 APPLICATION DATE: 4/06/93 ISSUANCE DATE. ;:7—//-56 DATE: 411106/93 CONTRACTOR: OWNER SITE ADDRESS: Route 522 �,^ 5da - k 22 601 U)L$0-LkEN- . 1//4 PHONE; DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP NO.: 72 A 21A SECTION: BLOCK: LOT. BLDG NO.: -------------------------------------------------- ---------------------------- SET-BACKS: HEALTH PERMIT NO.: DISTRICT: BACK CREEK FRONT: 100+ BACK: 100+ FLOODPLAI,Y: SUBDIVISION: RIGHT: 100+ LEFT: 100+ AREA: Reliance ZONE: Rural Areas S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: Take Cedar Creek Grade go approx. 9 miles, house on L. House can be seen from the road USE GROUP: Use Group "R" Residential USE CODE: d- CONST. TYPE: SO FEET: 18Z0 -------------------------------------------------------------- Building Permit Bldg. Size 52 X 35 Basement 1820 UNFIN Crawlspace Const. FRAME Truss Roof YES Conv. Roof Floor Jois 2 X 10 Floor Cov. CARPET Exterior W 2 X 4 Covering SIDING Interior W 2 X 4 Covering DRYWALL # Stories '- # Bedrooms 3 # Bathroom 2 +1 R.I. Total# Rms 10 Occup Load Note Note FIREPLACE Note Note Note JOB VALUE: 64.000.00 ----------------------------------------------------------- - ---------- PERMIT FEE: 201.00 Surcharge 2.01 TOTAL FEES: 203.01 (please print) '-------------------------- I hereby agree to comply with all provisions of the Virginia ; Uniform Statewide Building Code and the Zoning & Subdivision ! Ordinances as adopted by the County of Frederick. ; CABO 1 & 2 FAMILY DWELLING CODE or BOCA ,NATION BUILDING CODE ; Mechanics Lien Agent Designated: YES o NO Name of Agent: , Address: ; Phone Number: , -----^-------- 7 --------------------------- ----------------------------- Zoyng`n _ 73 DATE County of Frederick Winchester VA 22601 OWNER: Rinard, Dwight and Sherry 135 Latane Street Winchester, VA PRONE: 703-567-8975 Footer PERMIT NUMBER: 0000415 - 93 INSPECTION DATE: 6/14/93 INSPECTION TIME: iS'3O CONTRACTOR: Owner Contracted ADDRESS: Route 622 5265 Cedar Creek Grade 22601 Winchester, VA PHONE: 000 000 0000 22602 DESCRIPTION OF CONSTRUCTION LOCATION TAX MAP MG.: 72 A 21A SECTION: BLOCK: LOT: BLDG NO.: ------------------------------------------------------------------------------------------------------------------------ SET-HACKS: HEALTH ?ERMIT NO.: DISTRICT: BACK CREEK FRONT: 100+ BACK: 100+ FLOODPLAIN: SUB -DIVISION: RIGHT: 100+ LEFT: 100+ AREA: Reliance ZONE: Rural Areas GREEN CARD: S/E CUP NO.: SITE PLAN: DIRECTIONS TO SITE: "sae Cedar Creek Grade go approx. 9 wiles. house an L. Rouse can he seen from the road REMARKS: USE GROUP: Use Group "R" Residential USE CODE: Nodular CONST. TYPE: New SO FEET: 1820 ------------------------------------------------------------------------------------------------------------------------ Bldg. Size 52 X 35 Basement 13ZO UNFIN Crawlspace Const. FRAME Truss Roof YES Conv. Roof Floor Jois 2 X 10 Flour Cov. CARPET Exterior W 2 X 4 Covering SIDING Interior W 2 X 4 Covering DRYWALL # Stories 1 # Bedrooms 3 # Bathroom 2 +1 R.I. Total# Ras 10 Occup Load Note FIREPLACE Note Note Note Note NOTES TO INSPECTOR: INSPECTION RESULTS: PASS: FAIL: RESCHEDULE DATE: TIME: �+��0►�IAL E.NG\� . SCHEDULED INSPECTOR: ENG C0N9ENTS 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 5, 1993 TO THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) The Application oh DWIGHT & SHERRY RINARD APPLICATION #020-93 FOR: a 19.4' side yard setback variance for an existing house and a proposed deck. This property is located on Cedar Creek Grade (Route 622), in the Back Creek District, and is identified as PIN 72-A-21A. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of October 19, 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 t attached correspondence was ma i to the following on October 5, 1993 from the Department of Planning and Development, Frederick County, Virginia: ..72 A 14 R:I:NARD, DW:IGHT L & SHERRY B c-jµ?F.>c'-.', CEDAR CI-.E:E::I< GRADE: WINCHE:STER, VA 2 6O2_. .72 A 21 B I: L..LMYE R , THE:LMA 524 BE:i_.LV IE:W AVENUE. WINCHESTER, VA- 22E,05.•••. -72 A 20 BURROWS, E::LL..E:N SHULL C/o PETER BURROWS 9308 KNIGHTS COURT LAUREL, MD • 20723-.. Peter Burrows 3058 Shepperton Terrace Silver Springs, Md 20904 72 A 23 I:<RUMBACK , HARVE"Y i.... & RAY V 4905. CEDAR CREEK GRADE: WINCHE:STE:R, VA. 22602 72 A 55 RICHARDSON, KE::I:TH WILL..ARD 5251 CEDAR CREEK GRADE: W:I:NCHE'STE:R, VA 22602 Ronald A. Lilley, Mannol Frederick Co. Planning Uept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S Arl otta , a Notary Public in and for the State and County aforesaid, do hereby certify that Ronald A. Lilley, Planner H, for the Department of Planning and Development, whose name is signed to the foregoing, dated October 5. 1993 , has personally appeared before me and acknowledged the same in my State and County foresaid. Given under my hand this 1; day of n.tnh., 1g4s My commission expires on August 31, 1995 NOT/ kY P—L43 K IC page 2 of 5 6. Magisterial District: G' rend K 7. 14-Digit Property Identification No.: 8. The existing zoning of the property is: 9. The existing use of the property is: ((ZS &4ic 10. Adjoining Property: USE ZONING North c" _ East L a ct South West ; r 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.") A- i, a'5dt aorear vo-yd r ;rLrre — 9, a 12. List specific reasons) 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 Prior -k � 1100 home t atp. htT,1W,5k was 'S"d a F dl oYer Inn` -Wm KA ROwAICIM'Sma-6 w i(AP icah - r Q C�� e I I i k UJ I d�.+rurl vie C) r . 7h + 5 waS no+ re i 13. dditiona-I commnts if any I act' O1Y ©w e-44 R ci6�3y1. � tAtch i 1ariWa '!a mileo9 OF + Oaa (-War ee K --lbO mr, rcharc MS 5 Mr. �� d� CUl- pQs-k - er Dr C��S rya ��' e 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 comiplete 14- Cfl BMB:fh. 7317 05-27-93 BK8056 THIS DEED OF GIFT AND DEED OF ASSUMPTION made and dated this 27th day of May, 1993, by and between SHERRY BILLMYER RINARD, party of the first part, hereinafter called the Grantor, and DWIGHT L. RINARD and SHERRY B. RINARD (being one and the same as Sherry Billmyer Rinard), husband and wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of love and affection, the Grantor does hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety 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, containing 6.089 Acres, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, on the Southeast side of Virginia Route 622, as shown on plat and survey drawn by L. Allen Ebert, L.S., dated September 30, 1992, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 788 at Page 81, et seq., and by this reference made a part hereof as if set out in full; and being the same property conveyed to the Grantor herein by deed of gift dated November 18, 1992, from Thelma E. Billmyer, of record in the aforesaid Clerk's Office in Deed Book 788 at Page 79; and further being a portion of the same 0 u 0 0 BA38t,- ! The Grantor hereby covenants that she 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 she will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: �, D(Ltl pg u ) T) (._1, 'SEAL) BILL14YOZ RINARD �ytf i� ( SEAL) DWIGtfT L. RINARD STATE Oy VIRGINIA, �- OF (% �iY�?�i Z ,,Y�L TO -WIT: a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that SHERRY BILLMYER RINARD and DWIGHT L. RINARD, whose names are signed to the foregoing Deed of Gift and Deed of Assumption, dated the 27th day of May, 1993, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this ,� � day of " 1993. My commission expires VIRGINIA: FREDERICK COUNTY, SCT. ] This ins rljmert of ,writing was prod ' ed to me oii the _ _c�•�;� cf 19, i✓ �� . "f ' ; � zs, of ' to o, a :;now*!c:11JT I. i�!at rke;(C6 was admittaJ to racord. CLERK Z& el(�.4-� LIC .•�'•L J �� .4 3 OF �- Q�r P� e The accompanying Plat represents a Boundary Survey of the Land conveyed to Sherry Billmyer Rinard by Deed dated 18 November 1992 in Deed Book 788, Page 79. The said improved land, designated as No. 5265, fronts the Center Line and lies Southeast of Cedar Creek Grade, Va. Route 622, in Opequon District, Frederick County, Virginia: Beginning at a point in the Center Line of Va. Route 622, a corner to the Richardson Land; thence with the two following said Center Lines, with the Arc Line 265.68 ft. (Chord S 48' 32' 37" W - 265.67 ft., Radius 7,005.207 ft.); thence S 44' 24' 28" W - 79.67 ft. to a corner to the Clagett Land; thence with the two following Lines of the said Land, S 40' 34' 23" E - 20.08 ft. to an iron pin (found), and continuing, S 40' 34', 23" E - 789.53 ft. IN ALL to an iron pin (found); thence N 39° 50' 12" E - 349.89 ft. to an iron pin (found) in the Southwestern Line of the said Richardson Land; thence with the said Line, N 40' 34' 23" W - 722.30 ft. to an iron pin (found), and continuing, N 40' 34' 23" W - 742.30 ft. IN ALL to the beginning. Also shown on the Plat is the Private Access Easement to be granted across the Northwestern Portion of the said Richardson Land. Containing: 6.089 Acres Surveyed: 11 August 1993 .YfNa, ,!�.. (LICENSE) No. 1498 tiND 0 oa 0 0