Loading...
HomeMy WebLinkAbout07-88 Ronald E Gordon - Gainesboro District - Backfile"A COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/667-0370 Dear Mr. Gordon: This is to follow up on the visit of Zoning Administrator Wayne Miller and myself with you on December 1, 1989. ., ..... As we discussed, you will need a five (5) foot screen along the eastern fence row. It is our understanding that you will put up a solid screen by January 15, 1990 as a temporary measure and intend to plant trees in the spring as'a long-term measure. We also understand that you will not have'any Sunday operations, including work on your own vehicles, as one of the conditions on your permit. In discussing the unclaimed junk vehicles and outside storage areas, you agreed to keep things orderly and to come talk with us about removal of the vehicles.,Should you need advice in getting ­` rid of inoperative vehicles',"jiease get in touch. As you know, your compliance must be verified to ensure the validity of your permit. .-Contact us if you have any questions on these matters. Sincerely, Ronald A. Lill r. Planner I/Zoning'-Inspector RAL/slk 4z- per 3�1 �90 G��c� o� �GI' GGn • n , � . /t �ZYj � , S � Sir a� ��� 5 di'c, r45W-04y &4 e, 4f 4 r Jfwj"w/ Ao( 6^r two, 4, 9 Court Square P.O. Box 601 Winchester, Virginia 22601 As- 7sb� h e Sadd � K COUNTY of FREDERICK wl� Departments of Planning and Building 703/665-5650 GiNj May 2, 1988 Mr. Ronald E. Gordon Route 5, Box 843 Winchester, Virginia 22601 Dear Mr. Gordon: This letter is to confirm the Frederick County Board of Supervisors' action at their meeting of April 13, 1988: Approval of Conditional Use Permit Request #007-88 of Ronald E. Gordon for general automotive and equipment repair. This property is located on the west end of Hudson Avenue, off Route 789, in the Albin area, in the Gainesboro Magisterial District, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit will expire and a new conditional use permit will be required. 3. The following conditions shall be met as per Article IV: a, All repair work shall take place entirely within an enclosed structure. b. All exterior storage of parts and equipment shall be screened from .view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be adequately maintained as long as such exterior storage is contained. c. The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties., d. The Planning Commission and Board of Supervisors shall determine that the proposed use will have no adverse effects on surrounding properties. 4. Hours of operation will be 7:00 a.m, through 7:00 p.m., Monday through Saturday. No Sunday operations. •5. No permanently disabled vehicles will be stored on this property. Sincerely, Robert W. Watkins Planning Director RWW/dkg cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court William Orndoff, Treasurer Inspections Department 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 CONDITIONAL USE PERMIT #007-88 Ronald E. Gordon General Automotive and Equipment Repair Public Garage LOCATION: West end of Hudson Avenue, off Route 789, in the Albin area MAGISTERIAL DISTRICT: Gainesboro ADJACENT LAND USE AND ZONING: Residential and agricultural land uses; zoned A-2 (Agricultural General) PROPOSED USE AND IMPROVEMENTS: General automotive and equipment repair REVIEW EVALUATIONS: VA Dept. of Transportation - As this property does not front a State maintained highway, we have no objection to a Conditional Use Permit. Health Department - Mr. Gordon is now in the process of obtaining a permit to install a bathroom in the garage to meet Health Code. He is otherwise in compliance and I have no objections. (Mr. Larry D. Yates) Inspections Department - Building shall comply with Section 310, Use Group 5, of the 1984 BOCA Basic National Building Code. Planning and Zoning - No objections. The proposed use is permitted in the A-2 (Agricultural General) zoning district, only with an approved conditional use permit. This property is located on a private gravel street. All structures are in place, outside storage consists of farm equipment, cars, trucks, and miscellaneous equipment. STAFF RECOMMENDATIONS: Approval, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. CONDITIONAL USE PERMIT #007-88 Ronald E. Gordon 3. The following conditions shall be met as per Article IV: a. All repair work shall take place entirely within an enclosed structure. b. All exterior storage of parts and equipment shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be adequately maintained as long as such exterior storage is continued. c. The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. d. The Planning Commission and Board of Supervisors shall determine that the proposed use will have no adverse effects on surrounding properties. PLANNING COMMISSION RECOMMENDATIONS OF 4/6/88: Approval, with the following conditions: 1. This is a one-year permit to be reviewed and renewed annually by the staff, the Planning Commission, and the Board of Supervisors. 2. If the use, occupancy, or ownership of the property changes, this conditional use permit shall expire and a new conditional use permit will be required. 3. The following conditions shall be met as per Article IV: a. All repair work shall take place entirely within an enclosed structure. b. All exterior storage of parts and equipment shall be screened from view of surrounding properties by a solid artificial or compact natural screen of at least five (5) feet in height, which shall be adequately maintained as long as such exterior storage is continued. c. The Planning Commission or Board of Supervisors may require additional screening where it deems necessary to protect surrounding properties. d. The Planning Commission and Board of Supervisors shall determine that the proposed use will have no adverse effects on surrounding properties. 4. Hours of operation will be 7:00 a.m. through 7:00 p.m., Monday through Saturday. No Sunday operations. r *PPLICATION FOR CONDITIONOUSE PERMIT IN THE COUNTY OF FREDERICK, VIRGINIA Conditional Use Permit No. 007-,90 Application Date-/�-gj�' Fee Paid Submittal Deadline is For the Meeting of 1. The applicant is the owner other (check one) OWNER OCCUPANT: (if other than owner) 2. NAME: J�oiop)d E. G0r0OtJ NAME: ADDRESS: -R, S fox S` .3 ADDRESS: (_t_)liuc A e5, 1 fP 'tea L A Col TELEPHONE: �G �- S (�(� TELEPHONE: 7- �,�3 3. The property is located at (please give exact directions) 4. The property fronts state route AfoAJ�_O and consists of acres. (Please be exact) 5. The property is owned by as evidenced by deed from & GJJWA&)as recorded in deed book no. on page -� , .registry of the County of r=1Qede_Pacj:_,. PROPERTY IDENTIFICATION NO:. Me" e ti zt ' 21- d , git #) : 4a - ACO -e� -- -(Y,- o o/30 r� 6. This property is designated as parcel no. /3e) on tax map no. 4--,2- in theMagisterial District.. 7. The type of use proposed ist?,t)Gp1a� 1 ��? t L' f f.',1 Yy) e/Oy 12 e tt2 8. It is proposed that the following additions/improvements to existing buildings will be constructed. Ji%iVC= 9. It is proposed that the following buildings will be constructed: AICI e - 10. 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. (Use additional pages if necessary). These people will be notified by mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER) NAME 1. `�J7n�lc l Sy'S•; n, !� Address: �r � (�©x `�'" '7 `C�I LA� ��� C'__h ��; •� •e,2 (�'� � �-(.c� l Property ID#: li-a- n-C-0 - a0(- ©oon- ccoo - M14-0 p 2. Address: /3cax aa(oC)/ Property ID#: f 4 a - - 00 .- CJCJ - o0_(,_CJ -- 6(D0 rJ -- coo /,T - o 3. fir, as r_. / ( e.eA Address: 'PVT �y l3d,< S,3-`� U.JW c- 01/-') 0 j Property ID# Lke) © cam co - oas-) - crrr) a a - 4 Address: R ,S Nv "�� L r�i 5T-oc�cdV1(c?y Property ID# : - C oc) -A ©o _- onoc—) - - oC}(Do - CSC) i •- 6 Page Two • Conditional Usioermit NAME 5.ToHti E S�iriNnvoti: q,,d 4 l-#2 i Address- Property ID Lf'5 - Oco - 4 oo - cmo - C; oc,o - O l Y - d 6. C_e__ k�� 2e� Address: T S (30x e57o,2 Property ID#: Lf a - 000 -1900 - 0000 -- oovo - O ! - 7. E . F✓Zo4.viL rn dclae,a aid Sm irN Address: '/ RT a 60o < 9 -f bj)'V C_A p-s -e2 614 -Qa E a t Property ID# : - ©OCR - 1900 -- Dovp - o©oo- 8. Address: Property ID#: 9. Address: Property ID#: 10. Address: Property ID#: 9. Additional comments, if any I (we), the undersigned, do hereby respectfully agree to comply with any conditions required by the Board of Supervisors of the County of Virginia, and authorize the County to go upon the property for the purpose of making site inspections. Signature of Owner: Signature of Applicant: Complete Mailing Address: r X Y el,3 L.e)i�h e?6 T e,-'e r �.�3 C9"'-Z(o O Telephone Number: A/ '7- 5-6 (2 w 7- So 9S For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)_4_W R_ 1ZApproval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN. (signe ) f ►� ., CpG COUNTY of FREDERICK �c Departments of Planning and Building REQUEST FOR COMMENTS 703/665-565C 1738 TO: Mr. William Resident H. Bushman 12 3 Engineer 1 4S Local Office: VA. Dept. ��Q3 6'� of Transportat 1550 Commerce Street P.O. Box 278 FEBi W Winchester, VA. 22601 Edinburg, Virginia 22-A2.,78 988 '-0 (703) 662-8876 (703) 984-4133 N d_ o FROM: Robert W. Watkins, Plann Direct DATE: DATE: 191 119``' SUBJECT: Review Comments for Conditional Use Permit Rezoning Subdivision Site Plan Master Development Plan Please review this request for a OQ l o c a t eJU at &)P:� , .0 e- A:c( [ � � /�!c ®CiSt►�J �iyC% d FF 2 T / � l=�ze Proposed building and improvements: AfoA.),, This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of VDOT Comments: As this property does not front a State m ..0 hw ,o nn nh iarti na i-n a CnndJ tl nnal Use Permit, 1 VDH&T Signature: Applicant's Name: Address: Phone Number: NOTICE TO APPLICANT: It is your responsibility to contact the Virginia Department of Transportation for comments on your project and to return all comments as part of your application before or on the submittal deadline date. 0 r'nnrt 4Zrn3nrP _ P (1 Rny Gill - W;nr}\PctPr X1Ir(y1r11-3 _ I1A01 COUNTY of FREDERICK Departments of Planning and Building REQUEST FOR COMMENTS ��1����?^ 703/665-5650 TO: Mr. Herbert L. Sluder�0004i rn Sanitation Engineer c� :a b ,�, Frederick -Winchester Health Department L P.O. Box 2056 �ite�fse$e"ti � of Winchester, Virginia 22601 ,11 E�mithfie t ve. & (703) 667-9747 �K * Road FROM: Robert W. Watkins, Planning Director DATE: 1-/-,� SUBJECT: Review Comments for tiz, Conditional Use Permit Rezoning Subdivision Site Plan Master Development Plan Please review this request for a' located at , IF 14UHSCIA1 Ake., 3rr w cne Proposed building and improvements: x ,� This comment sheet must be returned to the Frederick County Department of Planning and Development, or the applicant, by for the meeting of Health Comments: Gl Health Signature: Applicant's Name: Address: Phone Number: Date: tOi--,:_h12 , fin. 3JLEo/ fn41)07- ok ZA`7- 5E69 NOTICE TO APPLICANT: It is your responsibility to contact the Frederick -Winchester Health Department for comments on your project and to return all comments as part of your application before or on the submittal deadline date. • • COUNTY of FREDERICK IDepartments of Planning and Building M E M O R A N D U M 703✓665-5650 TO: Round Hill Fire Company , ATTN: Mr. Tim Welch Inspections Department , ATTN: Mr. Kenneth Coffelt Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin , ATTN: FROM: Robert W. Watkins, Director DATE: February 19, 1988 SUBJECT: Review Comments On: X Conditional Use Permit Site Plan Subdivision Master Development Plan Rezoning We are reviewing the enclosed request by Ronald E. Gordon , or their representative, 667-5095 (W) Will you please review the attached and return your comments to me as soon as possible. THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS: Building shall comply with Section 310, Use Group 5, Storage Buildings, of the 1984 BOCA Basic National Building Code. Signature Date �_�, C -11171 SST 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK March 30, 1988 TO THE ( APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Ronald E. Gordon Departments of Planning and Building 703/665-5650 Conditional Use Permit Application For: A general automotive and equipment repair facility. This property is located at the west end.of Hudson Avenue, off Route 789, in Albin in the Gainesboro Magisterial District, This conditional use permit application will be considered by the Frederick County Board of Supervisors at their meeting of April 13, 1988, at 7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify Ot the attached correspondence 0 mailed to the following on March 30, 1988 from the Department of Planning and Development, Frederick County, Virginia: H A K i , - .oiv L SHAVitiJiN v AT rit-k 1N a �1ARIAN M. RT. C: .)jX 015 �RONALD r WINCHESTER, VA. i . ✓JX 343 22601 WINi:HESTER, VA. 22601 SYT�MA, DANIEL J. 6 CHRISTINE S. RT, 5 3OX 847 WINCHESTER, VA. 226:j1 SAGER, ANNA G. L. RT. 5 30X 84b wINCHESTER, vA. 226J1 REEL, MARY PORTER RT. 5 BOX 899 wINLHE3T'"R, VA. 22601 STOCKDALE, EVELYN C. TRUSTLE OF THE QESIDUAL TRJST W/W OF LAYTON STOCKDALE RT. , WINCHESTER, VA. PEARCE, LANCE J. C JULIA A. RT. 5 BOX 654 WINCHESTER, VA. 2 260 1 SMITH, E. FRANK i MILCREJ RT. 2 BOX 84 WINCHESTER, VA. 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated ,uQrcll 1&0" , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of It Qay A , 1988. My commission expires on S t� 6�r 3, 091 NOTARY PUBLIC 0 • COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 March 23, 1988 TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s) The Application Of: Ronald E. Gordon Conditional Use Permit Application For: A general automotive and equipment repair facility. This property is located at the west end of Hudson Avenue, off Route 789, in Albin in the Gainesboro Magisterial District. This conditional use permit application will be considered by the Frederick County Planning Commission at their meeting of April 6, 1988, at 7:30 p.m., in the Board of Supervisors' Meeting Room, the Old Frederick County Court House, 9 Court Square, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Director RWW/dkg 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify&t the attached correspondence mailed to the following on ,! March 23, 1988 fro e Department of Planning and elopment, Frederick County, ?irginia: 60ROON, RONALD E. & MARIAN M. STOCKDALE, EVELYN C. RT. : BOX 343 TRUSTEE OF THE RESIDUAL TRJST WINCHESTER, VA. w/w Or LAYTON STOCKDALE 22601 WINCHESTER, VA. A,NIEL J. HART, JOHN E SHANNON KATHERINE SYTSMA, D RT. 8 SOX 615 E CHRISTINE S. WINCHESTER, VA. RT. 5 dOX 347 22601 wINCHESTER, VH• 22601 SAGER, ANNA S. & `^ELVIN L. RT. S 6OX 846 wI,V%:HESTER, VA. 22601 KEEL, MARY PORTER kT. 5 DOX 399 wINCmESTER, VA. 22601 STATE OF VIRGINIA COUNTY OF FREDERICK PEARCE, LANCE J. & JULIA A. kT. 5 BOX 354 WINCHESTER, VA. 22601 SMITH, E. FRANK & MILDRED RT. 2 BOX 64 WINCHESTER, VA. Robert W. Watkins, Director Frederick County Dept. of Planning 22601 r-. (,u, 1.iI( , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated L&LI, a3 , 1 9 $2� , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this a3rA day of /kc,,c� , 1988. My commission expires on a_3 V79 9 r — ��--e T. NOTARY PUBLIC i l o�A/Ci �o /2'o0 S 3 O t �/i� cNESTLR =� VA S. 3e 339.5' 63.5- � E z4a S�0 3o S SO' j1f 4 69WffQS Sue Di VI,510N I F1f ECDI fYCA- CO. yA ;+ � T.F. EW,eRS, SuRI/�yOR�-�9J.9N•/996 � I I T' n Goole— I q (o Pacle- 5qg ZI-A As Re �,�' eA CQ�/�%2 :� Ti9 aK�i rTo.J AlC7� �/c00J A�S /0 eeoj,7i .— fob ��•u e2�� /4C�T4/�oT/UCH Ac/C� CORu//O12ii 0ee1O19i/e AT AJ Fwci/i e <SA , d F 4 c t t / 77y / IS lO C o9 Te &oo' /9 T ?fie ccJ cis 7- e,�d ©F �c�c�so•J 4be 0A F 4:F7- '7(f q 7 A.%4 0/3,Tec- Tip uS -7 40 /7 oA.)/-9/(::/ ,L 642IOON lae/ti'q /5 SC.O&C7 i 00A, C11-;','CA )/9-/ Lt se O-a 74 6o k 3 `7 GUCw � L • • OF 1-42�g-T CotiC"t T 10.E C,1 S e-02 /9t d T C'7 !'i'� O T< U G� F} nJ of v e �?o �,o rn e�tJ T A- %ce/,may a Si9,d !'Ac-c1, rz�. /-� T Me- e l-j O f G�C7SUnJ �v� 0�1= RT 7" /A.) 741-5 e- -Di S T"/' !C T , C�/ Tw Ih.s A � u-) le cY 9 e e-,1 e h &2e 1..� 7-re .S 7 /a M e- f .mac T 12191v P-, /VG O a se_ C ,—<O.vS 746 C--o 2,0 o ,v /3SCeea' /g Co.JClicT.-0,J,8'/ (1Se- 11002/79/7-e Q ��� X T 5 ,box Y`Y7 22641 o, #2485 01-11 RAYMOND. G•. EDWARDS, ET UX € •TO: DEED RONALD.E. GORDON, ET UX t 495 Fa" ^0 THIS DEED made and dated this day of , 1978 by and between Raymond G. Edwards and Amelia Edwards, his w fe, parties of the first part, and Ronald E. Gordon and Marian M. Gordon, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars .($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey°, with general warranty of title, unto the parties of the second part, as tenants by the entirety, with common law right of survivorship, all of that certain tract or parcel of land containing 5.36 acres, more or less, together with all r{.ghts, rights of way, privileges and appurtenances thereto belonging, including apecifically, but nos restrictec to, the use of that certain thirty (30) foot right of way known as Hudson Avenue, to be used for ingress and egress to and from the within conveyed land, and to be enjoyed in common with the parties of the first part, their heirs and assigns, lying and being situate about three miles Northwest of Winchester, in Gainesboro District, Frederick County, Virginia, and being a portion of the land that was conveyed to the parties of the first part by Laura M. Miller, et al, by deed dated January 2nd, 1942, and of record in the Clerk's Office of the,Circuit Court of Frederick County, Virginia, in Deed Book No..184, page 281, the within conveyed portion being shown and described on that certain plat of the R. G. Edwards Subdivision, which is of record in said Clerk's Office in Deed Book No. 196, page 599, as lying on -the Western side of Lots 22 and 23 of said subdivision, and bounded on the South by Mrs. J. H. Henry, on the West by Layton H. Stockdale, and on the North by Martin S. Glaize. A reference to all of the aforesaid'records, and to the references therein contained, is here made for,a further and more particular description of said land. It is expressly stipulated that said land is conveyed subject to all applicable, or legally enforceable, easements, if any, of record affecting same. Except as noted above the aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free from all encumbrances; that they have done no act to encumber the said land; and that It r i v Page Three ponditional Use Permit • Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 1 31 Bm 495 'rc: 31 r they will execute such further assurances of the said land as may be requisite. Witness the following signatures and seals. G t"'�A. / C Cri, "1,-/ —(Seal) State of Virginia County of Frederi k, to -wit: I, ej! , a Notary Public in •and for the County of Frederick, in the State of Virginia, do hereby certify that Raymond G. Edwards and Amelia Edwards, his wife, whose names are signed to the fore- going writing bearing date of ,l •f �� 1•2 f� , 1978, have personally appeared before me,'in my County aforesaid, and acknowledged the same. Given under my hand this `bay of ��l / 1978. My commission expires l ' totary Public ViAGINLN FI'IZD7,'jIC" CC'J:,f'Y, SC1'. • This instrument of ing was producedtome oa tho 3 0 )day of `�w 19_ -�4'_. • at y�_ �� 61. ind with certi:icate of aC- nova gmeat therato anna cif was idinitIed t r -;,uid. Tax uy S.:c. :id--,'. 1 of o © 0 and 5 ".54 have been paid, if a .spa s,.ble, 2.. #1221 4k [� RAYMOND G. EDWARDS, ET UX TO: DEED RONALD E. GORDON, ET UX 521 PAC: 734 THIS DEED made and dated this gth day of May, 1980, ►y and between Raymond G. Edwards and Amelia B. Edwards his wife, parties of the first part. and Ronald E. Gordon and Marian M. Gordon. his wife, parties of the second part. WITNESSETHS That for and in consideration of the sus of Ton Dollars ($10.00) cash in hand paid, and other good and valuable consideration. the 'receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant, sell. and convoy, with general warranty of title, unto the parties of the second part, as tenants by the entirety, with common law right of survivorship, all those two (2) certain contiguous late or parcels of land. together with all rights. privileges and appurtenances thereto belonging. lying and being situate along the Northern side of Hudson Avenue,. about three miles Northwest of Winchester. in Gainesboro District, Frederick County, Virginia, and being the same parcels of land identified and dosigmted as Lots 21 and 23 on the Plat of the R. G. Edwards Subdivision, which is attached to, and by reference incorporated in. that certain Statement of Dedication, bearing date of June 1, 1946, and of record in the Clark's Office of the Circuit Court of Frederick County. Virginia, in Deed Book Ne. 196, page 598, and being a portion of the land that was conveyed to the parties of the first part by Laura M. Millar, at al, by dead dated January 2, 1942, and of record in said Clerk's Office is Deed Book No. 184, page 281. A reference to said records, and to the references therein contained, is bare made for a further sad more particular description of said land. It is expressly stipulated that said land is conveyed subject to all applicable, or legally enforceable, restrictions and easements, if any. if record affecting same. Except as noted above the aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free from all encumbrances; that they have done no act to encumber the said land; and that they will execute such further assurances of the said land as may be roqui- site. Witness the following signatures and seals. • • 735 sooK 521 Pacc ' 735 (goal) p CCa�c�� !� �c�atctti (Seal) State of Virginia at Large The foregoing instrument was acknowledged before me this a day of May. 1980, by Raymond 0, Edwards and Amelia D. Edwards, his wife. My commission expires March 25. 1984 • I � Ci� Notary Public IC.) U.iry, b�. . T. is i:i.-Ar,,ir,eut of writing %vas produced to me on 916 td with of acknowl .Ugateat thereto aano cal .i .b ,cl.uit�;scl to r.:cccd. Tax ur1'J'J4Jti o)r Jtdc. acl-.,-i.1 ul 'y cJ. O O and 5:;-54 have been paid, d a -so s..L'r Clell 32 t ***********************, RONALD E.. GORDON, .ET UX TO: TRUST W. E. EDWARDS, TRUSTEE, e kC,C-: THIS DEED OF TRUST made and dated thi.e' 'day of , 1978, by and between Ronald E. Gordon and Marian M. Gordon, his wif , parties of the first part, W. E. Edwards, Trustee, of Winchester, Virginia, party of the second part, and Raymond G. Edwards and Amelia Edwards, his wife, parties of the third part. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid, the receipt of which is hereby acknowledged, the said parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, all of that certain tract or parcel of land containing 5.36 acres, more or less, together with all rights, rights of way, privileges and appurtenances thereto belonging, lying and being situate about three miles Northwest of Winchester, in Gainesboro District, Frederick County, Virginia, and being the same land that was conveyed to the parties of the first part by the parties of the third part by deed bearing even date herewith, to be executed and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, contempor- aneously with this deed of trust and as a part of the same transaction.' IN TRUST NEVERTHELESS, to secure the payment in full, both princi- pal and interest, of a certain deferred purchase money bond bearing even date herewith, executed by the parties of the first part, and payable to the parties of the third part, or the survivor thereof, or order, in the princi- pal sum of Nine Thousand Dollars ($9,000.00), and bearing interest from date at the rate of 8% per annum. Said bond is payable in 59 equal consecutive monthly installments of $75.00 each, to be applied first to the payment of interest as it accrues monthly on the basis of unpaid balances, and second to curtailment of principal, and a 60th and final installment of the balance JIB then due, the first of said installments to be due and payable on the day of Oil y ,Y .r /_ • 1978, and subsequent installments to be due and payable on the Jf dty of each and every month thereafter until said bond shall be paid in full in accordance with the aforesaid schedule. And to this end to secure thn debt evidenced by said bond in its present form, in any form it may hereafter assume, by renewal or extension, in whole or in part, by change of partiesr or otherwise, until said debt is finally and fully paid and discharged. Right of anticipation reserved. . 495 33 The property conveyed by this deed of trust may not'be conveyed to, and the debt secured hereby assumed by, any other person, firm, or corporation, without the prior written consent of the beneficiaries and any such conveyance shall be construed as a default of the tuust. Should,default be made in the payment of the obligation secured hereby, or any part thereof, or any installment, or extension thereof, in whole or in part, it shall become the duty of the party of the second part, the said Trustee, upon receiving written request from the parties of the third part, to proceed to sell the within conveyed property at public.auction in front of the County Court House at Winchester, Virginia. But before making said sale the Trustee shall advertise the time, terms and place thereof by publication once a week for four successive weeks in some newspaper published, or having general circulation, in Frederick County, Virginia. And said sale shall be upon the terms of 10% cash on day of sale and the balance within ten days on delivery'of,deed. From the proceeds of such sale the Trustee shall pay, (1) All costs and expenses incident to the enforcement of this deed of trust, including the usual Sx commission to said Trustee, together with all necessary counsel fees. (2) He shall pay any taxes legally assessed or assessable against said property. (3) He shall pay the debt secured hereby, or any part thereof remaining unpaid. (4) The balance, if any, he,shall pay to the parties of the first part, their heirs, personal representatives, or assigns. It is mutually understood and agreed that in the event the within conveyed property is advertised for sale pursuant to the terms of this deed of trust, and prior to the date of sale the property is redeemed or withdrawn from sale for any reason the parties of the first part agree to pay all costs incurred by said Trustee and a commission of 2�-% on the unpaid balance of the debt secured hereby. Pursuant to the provisions of -.Section 26-49 of the Code of Virginia, the parties of the first part hereby grant to the parties of the third part the right and power to appoint a substitute Trustee in the event of the resignation, death, incapacity, disability, removal or absence from the . 34 S f . 1 • 495 34 State, of the Trustee herein named, • 'Notice - The debt secured hereby is subject to call in full or the terms thereof being modified in the event of a sale or conveyance_ of the property secured hereby." Witness the following .signatures and seals. 6R, ✓- �I -' , /tn�r_- (Seal) ) cY-fC►��{ \((Seal) State of Virginia County of Frederick, to -wit: Is (/ v a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that Ronald E. Gordon and Marian M. Gordon, his wife, whose names are signed to the fore- going writing bearing date of 1G/ /y Z �. t 1978, have personally appeared before me, in my County aforesaid, and acknowledged the acme. Given under my hand Chic day of l/ /,/ , 1978. My commission expires No ry Public Ttus InvtrwAUX wodmw b the on ft i:kw of K,_,•, :,. .., a{{d w,Ui -;Onl(i.atto or acknowledgment thereto annex d as adml;d to record. cot. J R u IN ci $44 T 0 3 / 03 7 F R IZA -OUNTY, VIRGINIA • PAGE 6 ANNIN5 & DE VE'LOPMENT LABEL LIST NAME/ -.-P R LAND 2 A? IA FSS DE S C R I P T ACREAGE ZaNE U/C VALUE ---_ -TMPROV. A UE 2 3 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — 3 i 5 sv r L Y f� - 5_7__1_3 a 0 4 5 T R uS T- - 9E-S-1-2jAL T,R S J T 5 —41 6 7 --L7iE 7 9 9 22691 H4RT9 JJ-,HN & S,-iA%.'qJN GRADEAl .-R S 41 0 0 0 1 3170 10 RT* 6 i3JX �lb _—0 --- 11 ' il T j H tL S T_?, 12 3 11-3, 2 -J' P j:-. A R C -E , LANCE J. JJL:A 22631 4. ALB IN 27.02 A 2 AG 4 7 0 0 0- 54,800 13 14 15 !RT. 30. X 8 'D 4 15 is - WINCHtSTE?t VA 16 -7 22601 17 e. 41 .1 1 9, L; S'llTH? -. �RANK MILDRED N. Fe GRADE 259.00 A2 A G 2 F8 800 159,500 I's 2 SOX 64 19 W I N C H E S T E- R, V 20 2 5 Cj 21 — ------- ------ 22 -- 22 23. 23- 24 12-4 25 -- 25 26 26 27 21 2S 28 29 29 30 30 31 — -- 31 32 • 32 33 33 34 34 35 ---- - ----- ... —35 36 36 37 — 37 38 — 38 39 — 39 40 40 41 41 42 43 — ---- ----- 43 44 44 45 45 — 46 - 47 47, 4 18 ------ 48 49 so 5 1 51 52 -531 --- 53 ,541 54 - 55 551 56 56 57 se 58 Z91 59 .1 42000-A00-00OC-0030-0130-0 42AJO-031-0000-0030-3014-0 GJ20ON, RONALD E. T 0 X Q-43 WINCHESTER SYTSMA, DANIEL J. CHqIST1,4L MARIAN M. 21 2 -6 -C 1 ALBIN 9 G. EDWARDS L 14 5.36 A2 A2 AG AG__ 9__I00 1_, 500 43 43 F44 f44 45 46 r47 146 �7 48 "a 49 4 2 A i i CJ I C 70, Q :1 J'J 15 J RT. 5 SOX 847 AINCHESTL_R, VA. S A 13 E R , A'4NA Ge 2 2 6-r-I 1 L. EDWARDS L15 A2 RS 5_? 0 00 23,300 49 s-,I 50 51 51 5 ,2 521 53 RT. 5 30X 6LL6 53 I 54 . ri E ") T L. A A 54 2 26 01 55 42 �jC-AZ 2 "'J,3-0 112- REFLI MA,?Y '-"Or�TER N. F. GRADE .50 A2 RS 6,000 37,400 56 57 — RT . 3 30X 390 57 58 58 1 j5 9 1 & n 1 69