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HomeMy WebLinkAbout10-06 WIN, LLC 2 Lots 30.05 Acres Stonewall - BackfileSubdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of )Winchester GIS (Road Name Review) Sanitation Authority Health Department Inspections Department Fire Marshal parks & Recreation County Engineer . One copy of the subdivision application '7 L Application received. "'J Fee paid (amount: $ Od ) 7k Information entered in d-BASE and Reference Manual L ,File given to Renee' to add to Application Action Summary —2* --L�^,6 plat(s) signed by Subdivision Administrator Approval letter to applicant/agent Q Copy of final subdivision plat(s) [with signatures] made and given to Mapping and Graphics Manager for structure numbering assignment Q Updated d-BASE and Reference Manual / ile given to Renee' • to update Application Action Summary Final plat(s) submitted with review agency signatures along with: ---- Recorded deed of dedication Bond estimate (if required) $ o-4 P� O'\Op=Ijans Manual\subdivisioa.vk Revised' br4/02 0 LE) cl 0 0 1. RECEIVED lFLROM 7 ADDRESS 0- TE7 No. 9015 00) 75 DOLLARS $ 0"� J FOR FOR RENyL . , / 5-21 AMT. OF ' I ACCOUNT CASH AMT. PAID 1" � � � CHECK % V BALANCE MONEY DUE ORDER BY un 10 08 11:35a 140 North Hatcher Ave Purcellviile, VA, 20132. Date: June 20,2007 BLUE R E A RIDGE L T Y Facsimile Transmittal Company: Fredrick County, Zoning Administrator Attention: Mark Cheran Fax: 540-665-6395 From: David Haddock , Vice President, Development RE: email Remarks: Mark, office: 540.338.0010 fax: 540.338.1033 Pages (Incl. Cover): 1 Telephone: 540-665-565I For some reason I cannot email you. It keeps being returned. Anyway , Have you had a chance to review and consider the below request ? From: David Haddock [mailto:dhaddock@brrealty.net] Sent: Monday, June 02, 2008 12:25 PM To: Mark Cheran (mcheran@co.fredrick.va.us) Cc: 'Bruce Griffin'; 'Paul Smith' Subject: FW: Interstatae Overlay Mark, Thank you for taking the time from your busy schedule to meet with Mr. Griffin and I last week to further discuss the signage at Winchester Gateway Shopping center. I did as you asked and completed further research with the assistance of Greenway Engineering. Please review the attached which indicates (as you stated in our first meeting) that there are 2 original parcels within the interstate overlay district 54-A-99E and 54-A-99F. Both of these parcels are listed in the 1995 letter (attached) , thus allowing an Interstate overlay sign for each parcel. would like to take the opportunity again to apologize for Blue Ridge Realty (and our sign company) for the situation we are in with the additional 50 sq ft addition to the existing sign. We all learned something from this anyway. As we have discussed with you on several occasions our wish would be to retain the Winchester gateway sign as is right now with the overage of 50 sq ft and retain 1 interstate overlay sign for parcel 54-A-99F. In essence we will forfeit our right for a 300 sq It interstate overlay sign on parcel 54-A-99E so we can retain 50 sq ft on the existing sign. Your consideration is very much appreciated in this matter. Bruce Griffin, President • David Haddock, Vice President Construe ion • Paul Smith, Vice President Operations 000022905 THIS INSTRUMENT PREPARED BY: Lawson & Silek, PLC Joseph F. Silek, Jr., PC 43 Chester Street Post Office Box 602 Front Royal, VA 22630 (540) 635-9415 (540) 635-9421 (FAIL) DEDICATION OF PLAT ENTITLED FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LLC STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA KNOW ALL MEN BY THESE PRESENTS: That WIN, LLC, being the owner and proprietor of certain parcels of real estate located in Frederick County, Virginia, as shown by a deed of record as Instrument No. 050006781, among the Frederick County land records and further shown on a plat prepared by Richard A. Edens, Land Surveyor, dated May 31, 2006 Revised August 17, 2006, entitled, "FINAL SUBDIVISION PLAT OF THE LAND OF WIN,. LLC STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA" MAY 31, 2006 REVISED: AUGUST 17, 2006; The undersigned desiring to have said plat and survey recorded in the Clerk's Office so the deeds hereafter be executed with reference to and in accordance with said plat, does hereby adopt, ratify, approve and confirm said plat and survey as a true plat and survey of the said real estate and does U c� announce its intention to hereafter refer to said plat and survey for the purposes of identifying in any deed hereafter to be granted and conveyed. WITNESS the following signature and seal this day of 2006. WIN, LLC BrucV A. Griifl`uf,-Mriliager f Bruce A. Griffm, LLC, M ger of WIN, LLC STATE OF o�dd CITY/e15� LA),'rTO-WIT: a Notary Public in and for the State and County aforesaid, do hereby certify that Bruce A. Griffin, Manager of Bruce A. Griffin, LLC, which is a Manager of WIN, LLC, whose name is signed to the foregoing Dedication of Plat, has this day personally appeared and acknowledged the same before me in my State and County aforesaid. Given under my hand this day of Je ei,�-r , 2006. My commission expires: t- e La. '29, a oo � I- FINAL SUBDIVISION PL.A T OF THE LAND OF WIN, LLC ( STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 31, 2006 REVISED: AUGUST 17, 2006 Rr. ssy v"0 VICINITY MAP 2000' O 1KNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF UNDERSI WNERS, PROPRIETORS, AND TRUSTS S, IF ANY. /l 1 � � fo COMMONWEALTH OF VlR A effy / COUNTY OF TO WIT: 4 THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS J -!::_ DAY I CF 2006 BY _ race 2F4,'.ti ;'J i COMMISSION EXPIRES ,� 0�, NOTARY PUBLIC _ O SURVEYOR'S CERTIFICATE 7 I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF "PARCEL 2," BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 050006781. RICHARD A. EDENS. L.S- 1vv11J: PARICATION T.M. 54—A-99E .30.0500 ACRES ZONE: 82 INW1015 K COUNTY >)NITATION AUTHORITY DATE ZT'MEN f0F,�RANSPORTATION 'O,DATE G /✓ed 6 ERICK COUNTY SUBDIVISION ADMINISTRATOR DATE r in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng. com USE: COMMERCIAL � �ALTH 0`;D 0 �.,`c.�•... RICHA D A. EDENS a No.002550 0028 SHEET 1 OF 5 CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING RD LENG Cl 105736'02 " 170.00' 31.. 32' 223.97' N 55' 11 '53" W C2 14'35'03" 800.00' 203.63' 102.37' N 1122'29` W203C3 r270.82' 29'51 '47" 874.93' 456.02'. 233.32' N 01'23'35" W450.88' C4 03'28'32 ` 874.93' S3.07' 26.54' N 15' 16'34' E53.06' C5 OJ'50'49" 7833:44 525,95' 263.D8' N 14'41 05' E 525.86' C6 44' 10'50' 201.28' 155.2 1' 81.69' S 14'5751 ' E 151.39' C7 42'3726 ` 210.00' 156.22 81.93' S 80' 17'02' E 152.65' C8 34'06'08' 210.00' 124.99' 64.41 ' S 41 '55' 15' E 123.15' 50' INGRESS -EGRESS EASEMENT CENTERLINE CURVE DATA CURVE DELTA ANGLE RADIUS I ARC LENGTH TANGENT I CHORD BEARING CHOW821� EC1 16'02'58" 351.75' 98.53' 49.59' N 65'4903` E IIAIF nATA LINE BEARING DISTANCE L 1 S 61 '4321 ' W 327.39 L2 S 65'05'00" W 264.28' L3 S 71'5747" W 395.17' L4 I N 16'33'l8' W 408.J9' L5 N 172537' E 61,44' L6 S 79'08'18' E 45.88' L7 S 16'09'28' E 223.12' L8 S 70'33'12' E 144.39' L9 S 0707'34' W 210.73' L 10 I S 37'03'16" E 71.45 L 1 l S 58'58'19" E 32.93' 50' INGRESS -EGRESS EASEMENT CENTERLINE DATA LINE BEARING DISTANCE E1 S 57'4734' W 97.51' E2 S 73'50'32 ` W 37.09' E3 N 16'09'28' W 974.14' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHS = DRILL HOLE SET IN CONCRETE IRS = Y' IRON RE -BAR & CAP SET IRF = X' IRON REAR FOUND !,ION = CONCRETE HIGHWAY MONUMENT FOUND PKS = P-K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY NorEs 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT R7ELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED DULY 17, 1978. - - - REVISED; AUGUST 17. -9006 FINAL SUBDIVISION PLAT OF THE LAND OF WIN. LL STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, WRGINIA SCALE: N A DATE: MAY 31, ZOOS GREENWAY ENGINEERING j - - 151 Windy Hill Lane Englneers eors Winchester, Virginia 22602 y Telephone: (540) 662-4185 FAX.• (540) 722-9528 ! umided in 1971 www.greenwayeng.com RICHARD A. EDENS y No.002550 SURv��o 0028 SHEET 2 OF 5 Q V C.) � Gl. ANGLE IRON FOUNDtio/ C4 V.- 03 � MON j a �NIJ ­JI W 1�j C_' MON 0 v MON o C>� IRF a�6 \\\ 10' F.C. S.A. �oIRF\\\ WATERLINE EASEMENT NOTE ;�DB 908 PG 456 SEE SHEE7`2 FOf tv \\\ LINE DATAr.:OURVE DATA, LEGEM ANl NOTES 1p , O \ O� h� NEW'33o TA X PARCEL /RF o \\\ G a �o 54-A -991 S ��� �^ ���` 4.3750 ACRES 656 24' 79.71 S 7,3'50 32 W 1.: I IRS N 111 :1 DOT -SHADED AREA 1. :' Ill , DENOTES A 50' �; • 10' F.C. S.A. INGRESS -EGRESS I , '� Ill SANITARY EASEMENT HEREBY--� j : j� ►III`�^SE►4'ER EASEMENT ESTABLISHED TO 1: a ;1\ DB 448 PG 262 BENEFIT NEW TAX 1'.: IRF 11 PARCEL 54-A-99/ RESIDUE OF ; ilil it I'. • :I � 111 � TAX PARCEL ,:F:, 54-A-99E (.' ;; m OIRS 25.6750 ACRES £3 ))) 50' INGRESS/EGRESS EASEMENT OVER 1 '. 1 Q W = T.M. 54-A-99F I: ' // U 4 CX.INST. No. 050006781 t;. j rn v o 10' F.C.SA SANITARY 1:.1•:I IRSo Il �� '° z `Oo SEWER EASEMENTS } 08 443 PG 786 DB 508 PG 391 1: ' m V /� ,i DNS 1 L 10 50' INGRESS/ k : :1 C7 EGRESS �'• ' :1 E2 r f : PKS 10' do 20' F. C. SA EASEMENT 7o WATERLINE EASEMENTS INST. No. L•'.•^ J` DB 508 PG 391 050006781 E 1 E1 a & DB 908 PG 456 o APPROXIMATE END OF /% °r-° \ LIMITED ACCESS RA BLOG L g6L \ 50' BRL 50� r / IRS POB (991) -I 101 MON L3 �00 0 200 GRAPHIC SCALE (IN FEET) t 0' L2 65't . IRS W� UND Wn 3 RE RYVILLE rA8�KF1Drx R/W VA. PRIMARY R DB 34 t. PG 354 REVISED: AUGUST 17, FINAL SUB01 VISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, V/RG/N/A SCALE: 1" = 200' DATE: MAY 31, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX (540) 722-9528 www.greetzwayel,ig.com C8 (99a) 2006 �#fj�LTH pF N r RICHARD A. EDENS y No.002550 � a-►-r-oc� � 0028 SHEET 3 OF 5 O C METES AND BOUNDS DESCRIPTIONS The accompanying plat represents a Division Survey of all of "Parcel 2," being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: NEW TAX PARCEL 54-A-99I Beginning at a'/2" iron rebar & cap set on curve in the eastern boundary of Interstate Route 81, a new corner to other land of WIN, LLC (Residue of Tax Parcel 54-4-99E described below); thence with said road boundary for the following three courses: 53.07' along the arc of a curve to the right, having a radius of 874.93' and a chord bearing N 15°16'34" E for a distance of 53.061, to an angle iron found at the end of said curve; thence N 17025'37" E - 61.44' to a concrete highway monument found at the beginning of a curve to the left; thence 525.96' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 7,833.44' and a chord bearing N 14041105" E for a distance of 525.86', to a''/2" iron rebar found, comer to Development Company of America, LLP; thence with Development Company of America, LLP for the following three courses: S 79008'18" E - 45.88' to a V2" iron rebar found; thence S 47002'52" E - 400.18, to a'/2" iron rebar found; thence S 39020'23" E—199.82' to a''V2" iron rebar & cap set, a new corner to the other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence along a new division line through the land of WIN, LLC S 73°50'32" W — 656.24' to the beginning. Containing....I .................... ................................................................... 4.3750 Acres. RESIDUE OF TAX PARCEL 54-A-99E Begiruiing at a P-K nail set in a concrete island in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to Development Company of America, LLP; thence with said road boundary S 61043121" W - 327.39' to a'/z" iron rebar & cap set at the intersection of said road boundary with the northern boundary of Interstate Route 81; thence with the last said road boundary for the following two courses: S 65005'00" W - 264.28' to a V2" iron rebar & cap set; thence S 71°57'47" W, passing over a point at the beginning of the limio access right of way at approximately 101' and continuing with said limited access right of way boundary 395.17' in all, to a concrete highway monument found at the beginning of a curve �o the right and in the eastern boundary of Interstate Route 81; thence continuing with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following fqur courses: File 0028 Sheet 4 of 5 O v 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55°11'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11°22'29" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16033'18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 456.02' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 01023'35" W for a distance of 450,881, to a 1/2" iron rebar & cap set, a new comer to other land of WIN, LLC (Residue of Tax Parcel 54-A-99I described above); thence along a new division line through the land of WIN, LLC N 73050'32" E - 656.24' to a %z" iron rebar & cap set in a line of Development Company of America, LLP; thence with Development Company of America, LLP for the following nine courses: S 39020'23" E - 233.46' to a /z" iron rebar found; thence S 16009'28" E - 223.12' to a /z" iron rebar & cap set; thence S 70033'12" E-144.39' to a /z" iron rebar & cap set; thence S 07007134" W - 210.73' to a'/z" iron rebar & cap set at the point of curvature of a curve to the left; thence 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14°57'51" E for a distance of 151.39', to a drill hole set in a concrete gutter at the point of tangency;thence S 37003'16" E - 71.45' to a P-K nail set in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80°17'02" E for a distance of 152.65', to a P-K nail set in an asphalt roadway at the point of tangency; thence S 58°58'19" E - 32.93' to a drill hole set in a concrete island at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41°55'15" E for a distance of 123.15', to the beginning. Containing.... ................................ .............................. .1,.............................. 25.6750 Acres . Surveyed .................................. . 11RChVA- FREDERICK CoUNTy.SC,. this i►tstrument of writing Was produced to me on ►a� R��,t�1 q:a� �citit cr. al ate acknrnaled,�cmcnt thereto annexed to record. .Fax iulposed by Sec. 58.1-802 of and 58,1-8t)1 have been paid, if assessable. �a File 0028 May 31, 2006 (Revised August 17, 2006). r� $ RICHARD A. EDENS a No. 002550 e-t 7-0 G q. Sheet 5 of 5 METES AND BOUNDS DESCRIPTIONS The accompanying plat represents a Division Survey of all of "Parcel 21" being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: NEW TAX PARCEL 54-A-99I Beginning at a 1/2" iron rebar & cap set on curve in the eastern boundary of Interstate Route 81, a new corner to other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence with said road boundary for the following three courses: 53.07' along the arc of a curve to the right, having a radius of 874.93' and a chord bearing N 15°16'34" E for a distance of 53.06', to an angle iron found at the end of said curve; thence N 17025'37" E - 61.44' to a concrete highway monument found at the beginning of a curve to the left; thence 525.96' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 7,833.44' and a chord bearing N 14°41'05" E for a distance of 525.86', to a 1/2" iron rebar found, corner to Development Company of America, LLP; thence with Development Company of America, LLP for the following three courses: S 79008'18" E - 45.88' to a 1/2" iron rebar found; thence S 47002'52" E - 400.18' to a 1/2" iron rebar found; thence S 39020'23" E—199.82' to a 1/2" iron rebar & cap set, a new corner to the other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence along a new division line through the land of WIN, LLC S 73050'32" W — 656.24' to the beginning. Containing...................................................................................................... 4.3750 Acres. RESIDUE OF TAX PARCEL 54-A-99E Beginning at a P-K nail set in a concrete island in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to Development Company of America, LLP; thence with said road boundary S 61043'21" W - 327.39' to a 1/2" iron rebar & cap set at the intersection of said road boundary with the northern boundary of Interstate Route 81; thence with the last said road boundary for the following two courses: S 65005'00" W - 264.28' to a 1/2" iron rebar & cap set; thence S 71°57'47" W, passing over a point at the beginning of the limited access right of way at approximately 101' and continuing with said limited access right of way boundary 395.17' in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence continuing with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following four courses: File 0028 Sheet 4 of 5 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55°11'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11°22'29" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16033' 18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 456.02' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 01'23'35" W for a distance of 450.88', to a'/z" iron rebar & cap set, a new corner to other land of WIN, LLC (Residue of Tax Parcel 54-A-99I described above); thence along a new division line through the land of WIN, LLC N 73050'32" E — 656.24' to a 1/z" iron rebar & cap set in a line of Development Company of America, LLP; thence with Development Company of America, LLP for the following nine courses: S 39020'23" E — 233.46' to a 1/2" iron rebar found; thence S 16009'28" E - 223.12' to a 1/z" iron rebar & cap set; thence S 70033'12" E - 144.39' to a 1/z" iron rebar & cap set; thence S 07007'34" W - 210.73' to a 1/z" iron rebar & cap set at the point of curvature of a curve to the left; thence 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14057'51" E for a distance of 151.39', to a drill hole set in a concrete gutter at the point of tangency; thence S 37003'16" E - 71.45' to a P-K nail set in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80°17'02" E for a distance of 152.65', to a P-K nail set in an asphalt roadway at the point of tangency; thence . S 58058'19" E - 32.93' to a drill hole set in a concrete island at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41055'15" E for a distance of 123.15', to the beginning. Containing................................................................................................... 25.6750 Acres. Surveyed....................................................... May 31, 2006 (Revised August 17, 2006). p,LTH OFL O f�� 004 RICHARD A. EDENS a No.002550 File 0028 Sheet 5 of 5 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 Founded in 1971 TRANSMITTAL Project Name: Winchester Gateway — WIN, LLC Final Subdivision Plat File No.: 0028 Berryville Pike — Va. Route 7 Date: 12/14/06 Parent TM 54-A-99E To: Frederick County Department of Planning and Development Attn: Mark Cheran, Zoning and Subdivision Administrator 107 N. Kent St. Winchester, VA 22601 Copied: From: Richard A. Edens, LS GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Email: redens@greenwayeng.com Remarks: i— Urgent f- For Your Approval 1✓ As You Requested f7 Resubmitted Message: Mark, Please find attached a copy of the recorded plat for the above -referenced project, for your records and as requested. Feel free to call should you have any questions or comments regarding this matter. Sincerely, Rich Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com SUBDIVISION REQUEST # 10-06 co��a WIN, LLC Staff Report for the Board of Supervisors w Prepared: September 11, 2006 17M Staff Contact: Mark R. Cheran, Zoning Administrator IJ38 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission 08/16/06 Postponed by Commission Planning Commission: 09/06/06 Recommended Approval Board of Supervisors: 09/13/06 Pending LOCATION: The property fronts the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54A-1-A PROPERTY ZONING & PRESENT USE: B-2 (Business General) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) South: B-2 (Business General) East: B-2 (Business General) West: RP (Residential Performance) Use: Vacant Use: Commercial/Vacant Use: Commercial Use: Residential SUBDIVISION SPECIFICS: Subdivision of a 30.05 acre parcel into a 6.3124 acre parcel and a 23.74 acre parcel. Both parcels are zoned B-2 (Business General). Subdivision Application #10-06, WIN, LLC September 11, 2006 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have significant measurable impact on Route 7, the VDOT facility which would provide access to the property. This section of street is currently not in the State's Secondary Road System. All entrance design and drainage must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. Fire and Rescue: No comment Sanitation Authority: The Authority has adequate sewer and water to serve this proposed subdivision. Planning: This request is for subdivision to create a 6.3124 acre parcel from a 30.0500 acre parcel. The proposed 6.3124 acre parcel and 23.7376 residue parcel are zoned B-2 (Business General). This property had been zoned B-2 (Business General) when Frederick County adopted zoning in 1967. Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District without an approved Master Development Plan (MDP) be presented to the Board of Supervisors for final approval (Chapter 144-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements; and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. The Frederick County Code Chapter 144 requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to this parcel will be via a private commercial 50 foot ingress/egress from Berryville Pike (Route 7). This 30 acre parcel abuts Berryville Pike (Route 7) and is served by private commercial access. Therefore, the applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow this parcel to be served by the private commercial access. STAFF RECOMMENDATION FOR 09/06/06 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the WIN, LLC property to be subdivided utilizing private roads, the Board of Supervisors would need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Should this waiver be granted staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 31, 2006 REVISED: AUGUST 17, 2006 \ 6� 00 Regency Lakes 0 � o� 3 7JE DN.o �DD P•\fie �o \_ 0� D a CWINCHEST<<y ER ge�� ° o �DD� �ollRttilill9aad Exit 315 ��iVICINITY MAP 6g \ 1 — 2000 0 WNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2006 BY NOTARY PUBLIC MY COMMISSION EXPIRES , SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF "PARCEL 2," BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 050006781. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 54—A-99E 30.0500 ACRES ZONE: B2 USE: COMMERCIAL APPR 0 VALS: FREDERICK COUNTY SANITATION AUTHORITY DATE >Nj TH 0 r � VIRGINIA DEPARTMENT OF TRANSPORTATION DATE RICHARD A. EDENS a FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE No.002550 ��� $-I;7-o �3 GREENWAY ENGINEERING .7\151 Windy Hill Lane SUR��' Engineers Winchester, Virginia 22602 :,007 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 0028 SHEET 1 OF 5 Founded in 1971 www.greenwayeng.coin ni iovc nn re CURVE C 1 DELTA ANGLE 105'36'02 " RADIUS 170.00' ARC LENGTH 313.32' TANGENT 223.97' CHORD BEARING N 55' 11 '53" W CHORD LENGTH 270.82' C2 14'35'03" 800.00' 203.63' 102.37' N 11 '2229 " W 203.08' C3 29'51 '47" 874.93' 456.02' 233.32' N 01'2335" W 450.88' C4 03'2832 " 874.93' 53.07' 26.54' N 15' 1634 " E 53.06' C5 03'50'49" 7833.44' 525.96' 263.08' N 14'41 '05" E 525.86' C6 44' 10'50" 201.28' 155.2 1' 81.69' S 14'57'51 " E 151.39' C7 42'3726" 210.00' 156.22' 81.93' S 80'17'02" E 152.65' C8 34'06'08" 210.00' 124.99' 64.4 1' S 41 '55' 15" E 123.15' cn' r_e cr_AAr_A/T rr_A/TFRI lIUF r0?VF nATA CURVE DELTA ANGLE �.. RADIUS I ARC LENGTH TANGENT CHORD BEARING ICHORD LENGTH EC 1 16'02 58" 351.75 98.53' 49.59' 1 N 65'49'03" IINF nATA LINE BEARING DISTANCE L 1 S 61 '43'21 " W 327.39' L2 S 65'05'00" W 264.28' L3 S 71 '5747" W 395.17' L4 N 16'33'18" W 408.39' L5 N 17'2537" E 61.44' L6 S 79'08'18" E 45.88' L7 S 16'09'28" E 223.12' L8 S 70'33'12" E 144.39' L9 S 07'07'34" W 210.73' L 10 S 37'03'16" E 71.45' L 11 S 58'58' 19 " E 32.93' 50' INGRESS -EGRESS EASEMENT CENTERLINE DATA LINE BEARING DISTANCE E1 S 57'4734" W 97.51 ' E2 S 73'50'32" W 37.09' E3 N 16'09'28" W 974. 14' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHS = DRILL HOLE SET IN CONCRETE IRS = IRON REBAR & CAP SET IRF = IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKS = P-K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978. FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: MAY 31, 2006 7 GREENWAY ENGINEERING 151 Windy Hill Lane ,07 Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Fowided hi 1971 www.greenwayeng.com REVISED: AUGUST 17, 2006 NLTH O�G o r�' RICHARD A. EDENS �> No.002550 0028 SHEET 2 OF 5 0� �N lRF o`6+ \\\ 10' F.C. S.A. �Q�O o /RF\\\ WATERLINE EASEMENT NOTE �v �\ DB 908 PG 456 SEE SHEET 2 FOR LINE DATA, CURVE o� O P�'G� / ��\\\\ o DATA, LEGEND AND 4, ``,•� 0 �� \\\ NOTES. o � � '� � Qo 4 h� NEW \�\ o TAX PARCEL ,RF o ���\ N o C)1-100 54-A -991 ANGLE IRON FOUND �� o� 4. 3750 ACRES � � C4 0 656.24 , 79. 71 '�`UD G� i o� � MON 0 WL') o' W 1,' J � � C) Cc J Z 88'f Q MON o v MON o n� /IRS POB (99/) S 73'50 � 32 W IIRS W\\\\ DOT -SHADED AREA DENOTES A 50' !: '.! �. •• I 10' F. C. S.A. INGRESS -EGRESS I ' • I '� \\\ SANITARY `— EASEMENT HEREBY—�DB 44 EASEMENT j'. j� -►\\\ ESTABLISHED TO DB 8 PG 262 BENEFIT NEW TAX I '. ' I /RF PARCEL 54-A-99/ RESIDUE OF ; .:; Z a TAX PARCEL 54-A -99E ' .; olRs m 25.6750 ACRES I � I ••�:: E3 ! :I L8 W 50INGRESS/EGRESS I' '! I /// ' EASEMENT OVER I ' 1 v a Z T.M. 54-A-99F I: '•:I 01 INST No. 050006781 [ 1 \4 IRS . ll �� v Z o L 10' F.C.S.A SANITARY '.: = o ") 3 0 SEWER EASEMENTS I. ! 111 o N DB 443 PG 786 & :I m DB 508 PG 391 I ! • .I..'.I DHS o 1 L 10 ,, o 50' INGRESS/ k :1 C7 Z N EGRESS I' ' I E2 PKS 10 & 20 F. C. S.A EASEMENT I. • , ,o WATERL/NE EASEMENTS INST. No. L . _ _ _� �s ` L 1 1 DB 508 PG 391 050006781 EC1 & DB 908 PG 456 / \ o 0yJ, C8 APPROX/MATE END OF BLDG LIMITED ACCESS R/W 50' BRL PKS �POB _ 9E) 101 f I(9 IRS E (9 WESTBOUND LAN 0 0 ' 65f —� MON L3 IRS � 200 0 200 — Ry�ILLE IABLE WIDTH RAW GRAPHIC SCALE IN FEET VA. PRIMARY R DB 341 PG 354 REVISED: AUGUST 17, 2006 FINAL SUBDIVISION PLAT OF THE LAND OF WIN. LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200' 1 DATE: MAY 31, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 :0,#7 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Fowided i„ 1971 www.greenwayeng.com OFL r ."AI � RI HA D A. EDENS a No.002550 SUR��' 0028 SHEET 3 OF 5 cK CO SUBDIVISION REQUEST # 10-06 WIN, LLC Staff Report for the Planning Commission w 1� Prepared: August 23, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission 08/16/06 Postponed by Commission Planning Commission: 09/06/06 Pending Board of Supervisors: 09/13/06 Pending LOCATION: The property fronts the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54A-1-A PROPERTY ZONING & PRESENT USE: B-2 (Business General) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) South: B-2 (Business General) East: B-2 (Business General) West: RP (Residential Performance) Use: Vacant Use: Commercial/Vacant Use: Commercial Use: Residential SUBDIVISION SPECIFICS: Subdivision of a 30.05 acre parcel into a 6.3124 acre parcel and a 23.74 acre parcel. Both parcels are zoned B-2 (Business General). Subdivision Application #10-06, WIN, LLC August 23, 2006 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have significant measurable impact on Route 7, the VDOT facility which would provide access to the property. This section of street is currently not in the State's Secondary Road System. All entrance design and drainage must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. Fire and Rescue: No comment Sanitation Authority: The Authority has adequate sewer and water to serve this proposed subdivision. Planning: This request is for subdivision to create a 6.3124 acre parcel from a 30.0500 acre parcel. The proposed 6.3124 acre parcel and 23.7376 residue parcel are zoned B-2 (Business General). This property had been zoned B-2 (Business General) when Frederick County adopted zoning in 1967. Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District without an approved Master Development Plan (MDP) be presented to the Board of Supervisors for final approval (Chapter I 44-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements; and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. The Frederick County Code Chapter 144 requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to this parcel will be via a private commercial 50 foot ingress/egress from Berryville Pike (Route 7). This 30 acre parcel abuts Berryville Pike (Route 7) and is served by private commercial access. Therefore, the applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow this parcel to be served by the private commercial access. STAFF RECOMMENDATION FOR 09/06/06 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the WIN, LLC property to be subdivided utilizing private roads, the Board of Supervisors would need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Should this waiver be granted staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. City of 6 54 A 119 WINCHESTER, CITY OF LLC n, MW 54 A 99F DEVELOPMENT COMPANY OF AMERICA, LLP p'Pq CC B2 hp RINDENTERPRISES, LLC a4(� 54 7 A '99B �� RS'L�r4 C� STEIN, ROY F. ~ 54 A 99H _o a = RIND ENTERPRISES, LLC WIN, LLC \ y a v s 54 5 1Q ' V� P�SSPJ e�OP os� 54 q 7 RP 0 `4 GANSE, BARBARAG 54 A 111 FREDERICK COUNTY SCHOOL BOARD 54 A 114 54 2 1B 541 61 12A SATAN ENTERPRISES, INC SUB # 10 06 - a (eu.�"..., Nwgtaertwoe o�nr,<p - ,xx� (rneena xema tommua,ry omrd) - (1 WIN, LLC • e3 ro,,.,,»a.. imu.m>I rr,".n�ou o»,r,n) .._ w a-1«,d.,m>t. wa"Md com,u„ury oh,ra) e cn (c.va<M. w„"r,<wr�ry o.i„n> w (a.«d.ma w<r.amw Gemm�mry o.m<p (54 - A 99E ) — NE (x,q- Edu — D, .") w (1-1 Maas Oisin<I) 0 O'025 0,05 0.1 Miles f ya Ib 54 74 � s Fl f STMfNt 54 7 6A City of 54 A 119 WINCHESTER, CITY OF HIDDEN VALLEY SPE, LLC \5 A 27 SS' 55 A 27 SS 9 5 Ni00S N` q,4 �C 54 A 99F /\ DEVELOPMENT COMPANY OF AMERICA, LLP WIN, LLC 54 A 99E 9Pal, o Fey" 54 A f I2C 0 FREDERICK COUNTY SCHOOL BOARD 54 A 114 54 2 1B cc !O RIND ENTERPRISES, LLC 'Q<, 54 A 99B r R 0� S L�r4 l� STEIN, ROY F N 54 A 99H � h A ) O 1 " RIND ENTERPRISES, LLC WIN, LLC D Q Oar Q 9 �o o,�' �'. 54 A 106 a 0 U N 2 hd" yv 7 7p A f �11 w Lc) 1, 54 5 10 6 JOHNSON, JACK E ETALS 54 5 9 y�F 5 a 64 GANSE, BARBARAG 54 A 111 it 541 6 112A z .,,� SATUIN ENTERPRISES, INC ♦� % Urban Development Area x. lnstdufiomi �y �SWSA Recreation SUB # 10 - 06 Rural Community Center Historic WIN, LLC Residential Mixed -Use (54 - A 99E ) business Planned Unit Development 0 0.025 0.05 0.1 Industrial 0 Application Miles Z5;." JC, I- ,d� eg,-d o /--� 1 a 1327 54, � 14 54 7 6A �� kc City I 1II ' Urban De 4opment Aroa O$wSA OApph.ti,n HIDDEN VALLEY SPE, LLC �55 A 27 as s �y t ,55 A 27 54 A 99F DEVELOPMENT COMPANY OF AMEPoCA, LLP WAN, LLC 54 A 99E LLC Y PoND ENiEPo•PoSES, LLC 54 A 99B oq �N STEIN, Po)Y F re„A99H _o FUND ENIERPPoSES, LLC 54ZAA 106 �T y0 7� Y' 77 {I1ti11{111{ rill : � r = ..,..•, :.., SUB #10-06 WIN, LLC e (54-A99E) 0 0.025 0,05 0.1 Miles 6; ,c5G /J -DLL Urban Dcvcbprncni Area 5W5A OAppticatwn SUB #10-06 WIN, LLC (54-A99E) 0 0.025 0.05 0.1 Miles JL-w JUL 7 2006 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNT' VIRGINIA Date: Application # JQ �V& MDP? Yes 1/ No If no, as MDP requirement been waived by the Planning Director? Yes 'I -No If MDP requirement has not eenwaiv d, fill in the following public hearing dates / Planning Commission: g )1(ok /� P0D � 0o,oKBoard of Supervisors: qi /©6 7l (1l a6 Applicant/Agent: Greenway Engineering Attn: Richard A. Edens, LS Address: 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Owners Name: WIN, LLC Address: 1100 Fifth Avenue South, Suite 210 Naples, FL 34102 Phone: 703-777-1503 Please list names of all owners, principals and/or majority stockholders: WIN, LLC Bruce A. Griffin, managing member Contact Person: Richard A. Edens, LS Phone: 540-662-4185 NAME OF SUBDIVISION: Final Subdivision Plat of the land of WIN, LLC Number of Lots: 2 Total Acreage '0.0500 acres Property Location: Property Fronts the northeast quadrant of the intersection between Berryville Pike (Va. Route 7) and hlterstate 81 (Give State Rt. #, name, distance and direction from intersection) Magisterial District Stonewall Property Identification Number (PIN) 54-A-99E (Parent Tract) Property zoning and present use: B2, commercial Adjoining property zoning and use: B2, commercial and vacant Has a Master Development Plan been submitted for this project? If yes, has the final MDP been approved by the Board of Supervisors?_ What was the Master Development Plan title? Yes No Does the plat contain any changes from the approved MDP? Yes If yes, specify what changes: Minimum Lot Size (smallest lot) 6.31 acres Number and types of housing units in this development: nonresidential Yes X No Yes No IM1 I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature • V-'Q- `'&' &�'- Date: ? - o Co FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 31, 2006 REVISED: AUGUST 17, 2006 1 A °0 -� Regency Lakes �N, O o 0 OD' °ry°°0 sirs Q QoN. D � ) OF CITY„ ge<<y�me � � o CWINCHESTER 0 a �` l Rolle c A 0l� 1 \ �O� Exit 315 d RoaVICINITY MAP Rr. �1., 6s9 O� r'"DL�/l = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2006 BY NOTARY PUBLIC MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF "PARCEL 2," BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 050006781. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 54—A-99E 30.0500 ACRES ZONE: B2 USE: COMMERCIAL APPRO VALS.- FREDERICK COUNTY SANITATION AUTHORITY DATE OF r o��ALTH VIRGINIA DEPARTMENT OF TRANSPORTATION DATE ^62Q, -,.: — RICHARD A. EDENS a FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE No.002550 e-%7.°(,�04 GREENWAY ENGINEERING 151 Windy Hill Lane Sul Engineers Winchester, Virginia 22602 007 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 0028 SHEET 1 OF 5 Founded in 1971 www.greenwayeng.com rl tpw nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 105'36'02" 170.00' 313.32' 223.97' N 55'1 153" W 270.82' C2 14'35'03" 800.00, 203.63' 102.37' N 112229" W 203.08' C3 29'51 '47" 874.93' 456.02' 233.32' N 01'23 35" W 450.88' C4 03'2832" 874.93' 53.07' 26.54' N 15'16'34" E 53.06' C5 03'50'49" 7833.44' 525.96' 263.08' N 14*41'05" E 525.86' C6 44' 1050" 201.28' 155.2 1' 81.69' S 14'57 51 " E 1 151.39' C7 42'3726" 210.00' 156.22' 81.93' S 80'17'02" E 1 152.65' C8 I 34'06'08" 1 210.00' 124.99' 64.41' S 41'55'15" E 1 12.5 15' I /A/F n.4TA LINE BEARING DISTANCE L 1 S 61'43 21 " W 327.39' L2 S 65*05,00" W 264.28' L3 S 71'5747" W 395.17' L4 N 16'33'18" W 408.39' L5 N 17'2537" E 61.44' L6 S 79'08'18" E 45.88' L7 I S 16'09 28" E 223.12' L8 S 70'33'12" E 144.39" L9 S 01-0734" W 210.73' L 10 S 3703'16" E 71.45' L 11 S 5858'19" E I 32.93' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE TC = CENTERLINE OF PAVEMENT DHS = DRILL HOLE SET IN CONCRETE IRS = IRON REBAR & CAP SET IRF = IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKS = P-K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. J. THE PROPERTY SHOWN HEREON LIES ENTIRELY W17HIN ZONE C, AREAS OF MINIMAL FLOODING, PER NF.LP. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978. FINAL SUBDIVISION PLAT OF THE LAND OF WIN. LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: MAY 31, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com REVISED: AUGUST 17, 2006 o - NLTH OF 1 U RICHARD A. EDENS a No.002550 0028 SHEET 2 OF 5 IRF �e& \\\ 10' F.C.S.A. � �o IRF\\\ WATERLINE EASEMENT NOTE DB 908 PG 456 SEE SHEET 2 FOR _``� c� LINE DATA, CURVE s,o OV �G� ��\\�\ o DATA, LEGEND AND OP'00 Ir _v NOTES GO. /NEW �,°TAX PARCEL IRF o N `o`o P 54-A-99I T ANGLE IRON h FOUNDo4.3750 ACRES N- z C4 0 656.24'p 7s.71'' `o) IRS S 73'50 32 7. IRS POB (99/) I t� DOT -SHADED AR. w\\\ 10' F. C. S.A. DENOTES A 50' 'I: INGRESS -EGRESS I ..I A \\\ SANITARY EASEMENT HEREBY--► .. .j t '�\IT DB 448 PGSEWER E262T / ESTABLISHED / BENEFIT NEW TAX I:. • A IRF PARCEL 54-A-99/ 3 RESIDUE OF ;. 00 MONO I z TAX PARCEL 54-A-99E �..I..� m olRs z, � m 25.6750 ACRES I F . : E3 L8-- o � J Q 50' INGRESS/EGRESS I � 1. •I �. Ck� " l✓V g z EASEMENT OVER 11 v T.M. 54-A-99F I.j•:I INST. No. 050006781 3 o h IRSO h3oLn L" 2 10' F.C.S.A SANITARY o (�� C3 W m SEWER EASEMENTS I .I 88 f DB 443 PG 786 & MON I DB 508 PG 391 : j DHS 1 L 10 ,, o cV 50' INGRESS/ k:: { C7 2 N V EGRESS I. I E2 PKS 10' & 20' F.C.S.A EASEMENT I. .-/f . p WATERLINE EASEMENTS INST. No. L �' L 11 MON o OB 508 PG 391 050006781 EC1� El o & DB 908 PG 456 / °�yf, C8 1 APPROXIMATE END OF BLOG c�� BRL \ \ LIMITED ACCESS R/W L -� 50 T 0 50' BRL _ L 1 PKS �` 101 ) o 101 't O — IRS �yESTeoUND � MON L3 IRS L2 65_1- 1� zoo 0 200 � — BE R y 7 - VARIABLE 1IKE DTH R/W GRAPHIC SCALE (IN FEET) VA. PRIMARY ROUTE141 PG 354 REVISED: AUGUST 17, 2006 FINAL SUBDIVISION PLAT OF THE LAND OF o�p,LTH oFLr� WIN, LL C OS STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA a SCALE: i" = 200' DATE: MAY 31, 2006 L) RICHARD A. EDENSNo.002550 GREENWAY ENGINEERING $_,-,_OG 151 Windy Hill Lane 43 Engineers Winchester, Virginia 22602 SUR-6 Surveyors Telephone: (540) 662-4185 FAX. (540) 722-9528 Founded in 1971 www.greenwayeng.com 0028 SHEET 3 OF 5 METES AND BOUNDS DESCRIPTIONS The accompanying plat represents a Division Survey of all of "Parcel 2," being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: NEW TAX PARCEL 54-A-99I Beginning at a'/2" iron rebar & cap set on curve in the eastern boundary of Interstate Route 81, a new corner to other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence with said road boundary for the following three courses: 53.07' along the arc of a curve to the right, having a radius of 874.93' and a chord bearing N 15°16'34" E for a distance of 53.06', to an angle iron found at the end of said curve; thence N 17025'37" E - 61.44' to a concrete highway monument found at the beginning of a curve to the left; thence 525.96' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 7,833.44' and a chord bearing N 14°41'05" E for a distance of 525.86', to a'/2" iron rebar found, comer to Development Company of America, LLP; thence with Development Company of America, LLP for the following three courses: S 79008'18" E - 45.88' to a'/2" iron rebar found; thence S 47002'52" E - 400.18' to a'/2" iron rebar found; thence S 39020'23" E—199.82' to a'/2" iron rebar & cap set, a new corner to the other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence along a new division line through the land of WIN, LLC S 73050'32" W — 656.24' to the beginning. Containing...................................................................................................... 4.3750 Acres. RESIDUE OF TAX PARCEL 54-A-99E Beginning at a P-K nail set in a concrete island in the northern boundary of Berryville Pike (Va. Primary Route 7), comer to Development Company of America, LLP; thence with said road boundary S 61043'21" W - 327.39' to a'/2" iron rebar & cap set at the intersection of said road boundary with the northern boundary of Interstate Route 81; thence with the last said road boundary for the following two courses: S 65005'00" W - 264.28' to a''/2' iron rebar & cap set; thence S 71°57'47" W, passing over a point at the beginning of the limited access right of way at approximately 101' and continuing with said limited access right of way boundary 395.17' in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence continuing with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following four courses: File 0028 Sheet 4 of 5 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55111'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11°22'29" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16033'18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 456.02' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 01'23'35" W for a distance of 450.88', to a'/2" iron rebar & cap set, a new corner to other land of WIN, LLC (Residue of Tax Parcel 54-A-99I described above); thence along a new division line through the land of WIN, LLC N 73050'32" E — 656.24' to a'/2" iron rebar & cap set in a line of Development Company of America, LLP; thence with Development Company of America, LLP for the following nine courses: S 39020'23" E — 233.46' to a''/2" iron rebar found; thence S 16009'28" E - 223.12' to a I/2" iron rebar & cap set; thence S 70°33'12" E - 144.39' to a'/2" iron rebar & cap set; thence S 07007'34" W - 210.73' to a'/2" iron rebar & cap set at the point of curvature of a curve to the left; thence 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14°57'51" E for a distance of 151.39', to a drill hole set in a concrete gutter at the point of tangency;thence S 37003'16" E - 71.45' to a P-K nail set in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80°17'02" E for a distance of 152.65', to a P-K nail set in an asphalt roadway at the point of tangency; thence S 58°58'19" E - 32.93' to a drill hole set in a concrete island at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41055'15" E for a distance of 123.15', to the beginning. Containing................................................................................................... 25.6750 Acres. Surveyed....................................................... May 31, 2006 (Revised August 17, 2006). TH O ; RICHARD A. EDENS a No.002550 $- 17-0 (o File 0028 Sheet 5 of 5 0 Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 August 21, 2006 Frederick County Planning Department Attn: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street Winchester, VA 22601 RE: WIN, LLC Final Subdivision Plat Waiver Request Dear Mark: The purpose of this letter is to request Planning Commission and Board of Supervisor consideration of a waiver to § 144-24C — Lot Access of the Frederick County Subdivision Ordinance. The WIN, LLC Final Subdivision Plat was presented to the Planning Commission on August 16, 2005, which depicted a fifty -foot wide property line following the Interstate 81 right- of-way and fronting along Berryville Pike (U.S. Route 7). During this meeting, staff expressed a desire to eliminate this fifty -foot wide property line and to have the property owners apply for a waiver to the requirement for this lot to abut and have direct access to a state maintained public street. As you know, the existing commercial land uses within the Winchester Gateway Commercial Center are accessed from Berryville Pike from Getty Lane, which is a private commercial access. All existing commercial land uses are authorized to access their properties from Getty Lane through an executed reciprocal access easement that was created for the benefit of all private property owners. The WIN, LLC Final Subdivision Plat has been modified accordingly and the proposed 4.3750-acre parcel will be included as a parcel entitled to be served by the reciprocal access easement. Please find attached the updated WIN, LLC Final Subdivision Plat as discussed during the August 16, 2005 Planning Commission Meeting. It is requested that a waiver, as provided for in § 144-5 of the Subdivision Ordinance, be considered by the Planning Commission on September 5, 2006 and by the Board of Supervisors on September 13, 2006. Sincerely, Evan Wy tt, AICP Greenway Engineering Cc: Bruce Griffin Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File 40028/EAW www.greenwayeng.com OCO �IRF �1-6 \\\ 10' F.C.S.A. �Q �o �� o IRF\\\ WATERLINE EASEMENT NOTE SEE SHEET 2 FOR Z �c, �\ DB 908 PG 456 LINE DATA, CURVE 0� tiGG� DATA, LEGEND AND P`ti� S \\\ NOTES. F, h 0 0 o� Al �0 %i �o s ANGLE IRON FOUND C4 0 IRS POB (99/) G� RESIDUE OF MONO I z TAX PARCEL m 54-A-99E olRs J m 25.6750 ACRES t h W W 50' INGRESS/EGRESS I o EASEMENT OVER W �o j -Ji or= T.M. 54—A-99F 11 Q N o INST No. 050006781 (/) 3a Z / ¢JAW W = `" z IRS0II W) Q �88t O N � 10' F.C.S.A SANITARY MON I SEWER EASEMENTS DB 443 PG 786 & p L 10 DHS DB 508 PG 391 C7 2 50' INGRESS/ /o KS 10' & 20' F.C.S.A EGRESS A WATERLINE EASEMENTS EASEMENT /R ` Fs' L 11 DB 508 PG 391 INST. No. o & DB 908 PG 456 050006781 /� °�yv C8 APPROXIMATE END OF BLDG gRL \ LIMITED ACCESS R/W L -� 50 50' BRL L1 pjts �P98 MON L3 101 t cc) L2 65't IRS WESTBOUND L/aNE V MON o I n� "TAX o \�\\ 11 TAX PARCEL IRF° �N 54-A-99I 4.3750 ACRES, 656.24' zEll S 73'50'32" W IRS \\\ W-4\\\ N w cn\\\ 10' F.C.S.A. p \\\ SANITARY �'- -,�\\--SEWER EASEMENT DB 448 PG 262 lRF o `Itt zoo 0 200 — BE RYVILLIKEIOTfi RAW VA. PRIMARY ROUTE 41 pG VARIABLE54 GRAPHIC SCALE (IN FEET) REVISED: AUGUST 17, 2006 FINAL SUBDIVISION PLAT OF THE LAND OF �NLTH 0 jC1 WIN, LL C o� STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA p uo RICHARD A. EDENS a N0.002550 SCALE: 1" = 200' DATE: MAY 31, 2006 GREENWAY ENGINEERING q 151 Windy Hill Lane Engineers Winchester, Virginia 22602 �� SURN�� Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 0028 SHEET 3 OF 5 Founded in 1971 www.gi-eenwayeng.com COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING September 13, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: WAIVER REQUEST OF CHAPTER 144, ARTICLE V, SECTION 144-24C — LOT ACCESS, AND SUBDIVISION #10-06 FOR WIN, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 27, 2006 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Waiver Request of Chapter 144, Article V, Section 144-24C — Lot Access, and Subdivision 910-06 for WIN, LLC, submitted by Greenway Engineering, for Commercial Use. The property fronts the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81, and is identified with Property Identification Number 54-A-99E, in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely. OR Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to cert� .that the attached correspondence was mailed to the following on p from the Department of Planning and Development, Frederick County, Virginia: 54 - A- - 99-E WIN, LLC 1100 FIFTH AVE STE 210 � NAPLES, FL 34102-6407 l) Greenway Engineering 151 Windy Hill Lane �jk Winchester, VA 22602 54 - A- - 99-F DEVELOPMENT COMPANY OF AMERICA, LLP PO BOX 520 WESTMINSTER, MD 21158-0520 54 -A- -112-A 220 SEAFOOD RESTAURANT, LC 238 HANGING TREE RD WINCHESTER,VA 22603.3401 54 - A- - 30- LUPTON, JAMES TEMPEL & MARY 191 LEE AVE WINCHESTER, VA 22601-4939 R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, , , a Notary Public in and for the State and County aforesaid, do ereby certify that T6rk R. Cheran, Zoning & Subdivision Administrator for the Departm t /1f 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 aforesaid. Given under my hand this day of o 0 My commission expires on - 31' NOTARY OBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 2'), 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: WAIVER REQUEST OF CHAPTER 144, ARTICLE V, SECTION 144-24c — LOT ACCESS, AND SUBDIVISION #10-06 FOR WIN, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, September 6, 2006 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Waiver Request of Chapter 144, Article V, Section 144-24C —Lot Access, and Subdivision #10-06 for WIN, LLC, submitted by Greenway Engineering, for Commercial Use. The property fronts the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81, and is identified with Property Identification Number 54-A-99E, in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, r/Ch Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify tat the attached correspondence was mailed to the following on 3 D 6 from the Department of Planning and Development, Frederick County, Virginia: 54 - A- - 99-E WIN, LLC 1100 FIFTH AVE STE 210 `(L� NAPLES, FL 34102.6407 1 N Greenway Engineering 151 Windy Hill Lane W't . Winchester, VA 22602 54 - A- - 99-F DEVELOPMENT COMPANY OF AMERICA, LLP PO BOX 520 WESTMINSTER, MD 21158.0520 54 - A- - 112-A 220 SEAFOOD RESTAURANT, LC 238 HANGING TREE RD WINCHESTER,VA 22603.3401 54 - A- - 30- LUPTON, JAMES TEMPEL & MARY 191 LEE AVE WINCHESTER,VA 22601.4939 oc Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA .K•111mWelpit] [",,I a Notary Public in and for the State and County aforesaid, do Kkeby certify that Whk R. Cheran, Zoning & Subdivision Administrator for the Department o P inning and Development, whose name is signed to the foregoing, dated L3 G , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this C�3AZ day of My commission expires on i r/ An 4� KI, illi im '�� / COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 2, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION #10-06 FOR WIN, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 16, 2006 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Subdivision #10-06 for WIN, LLC, submitted by Greenway Engineering, for Commercial Use. The property fronts the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81. and is identified with Property Identification Number 54-A-99E, in the Stonewall Magisterial District. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th t the attached correspondence was mailed to the following on � from the Department of Planning and Development, Frederick County, Virginia: 54 - A- - 99-E WIN, LLC 1100 FIFTH AVE STE 210 NAPLES, FL 34102-6407 r} 1\� 1 Greenway Engineering 151 Windy Hill Lane PTV Winchester, VA 22602 54 - A- - 99-F DEVELOPMENT COMPANY OF AMERICA, LLP PO BOX 520 WESTMINSTER, MD 21158-0520 54 - A- - 112-A 220 SEAFOOD RESTAURANT, LC 238 HANGING TREE RD WINCHESTER, VA 22603.3401 54 - A- - 30- LUPTON, JAMES TEMPEL & MARY 191 LEE AVE WINCHESTER, VA 22601.4939 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, d ereby certify that rk R. Cheran, Zoning & Subdivision Administrator for the Departm n of Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State Ad ounty aforesaid. Given under my hand this day of My commission expires on 5 Adjoining Property: PARCEL ID NUMBER USE O:BARBARA-DATA PROCESSING FROM:BEV - Panning Dept. Please. print sets of labels by ` 1i-7 THANKS! ZONING GREENWAY ENGINEERING 151 Windy Hill Lane Founded in 1971 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: WIN, LLC Final Subdivision Plat File No: 0028 Date August 21, 2006 To: FC Planning From: Evan Wyatt Attn: Mark Cheran GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 Delivery: ❑ Fed Ex ❑ U.S. Mail ❑ Courier ❑ Pick Up ❑ Other ❑ Uraent ❑ For Your Review ® As You Requested ® Please Comment Message: Hi Mark. AUG 2 1 2006 Please find attached a letter requesting consideration of a waiver to the public street frontage requirement for the WIN, LLC property as we discussed at the August 16, 2006 Planning Commission meeting, as well as the final subdivision plat that has been revised accordingly. Please schedule this project for the 9/6/06 Planning Commission meeting and the 9/13/06 Board meeting. Please let me know if you need any additional information at this time. Thank you, Evan Hand Delivery and Pick Ups Only: Received By: Date: Please Print Name: SUBDIVISION REQUEST # 10-06 c WIN, LLC Staff Report for the Planning Commission Prepared: July 31, 2006 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 08/16/06 Pending Board of Supervisors: 09/13/06 Pending LOCATION: The property fronts the northeast quadrant of the intersection between Berryville Pike (Route 7) and Interstate 81. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54A-1-A PROPERTY ZONING & PRESENT USE: B-2 (Business General) Land Use: Vacant ADJOINING PROPERTY ZONING & USE: North: MH-1 (Mobile Home Community) South: B-2 (Business General) East: B-2 (Business General) West: RP (Residential Performance) Use: Residential Use: Commercial/Vacant Use: Commercial Use: Residential SUBDIVISION SPECIFICS: Subdivision of a 30.05 acre parcel into a 6.3124 acre parcel and a 23.74 acre parcel. Both parcels are zoned B-2 (Business General). Subdivision Application #10-06, WIN, LLC July 31, 2006 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: The application for subdivision of this property appears to have significant measurable impact on Route 7, the VDOT facility which would provide access to the property. This section of street is currently not in the State's Secondary Road System. All entrance design and drainage must meet State requirements if the street is to be eligible for acceptance. A complete set of construction plans will be required for review. Fire and Rescue: No comment Sanitation Authority: The Authority has adequate sewer and water to serve this proposed subdivision. Planning: This request is for subdivision to create a 6.3124 acre parcel from a 30.0500 acre parcel. The proposed 6.3124 acre parcel and 23.7376 residue parcel are zoned B-2 (Business General). This property had been zoned B-2 (Business General) when Frederick County adopted zoning in 1967. Access to the new parcel will be via a private 50 foot ingress/egress from Berryville Pike (Route 7). The 30.0500 acre parcel is served by private roads. Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (Business General) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter 144-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134B of the Frederick County Zoning Ordinance if the proposed subdivision or development: 1) Includes no new streets, roads or rights -of -way, does not further extend any existing or dedicated street, road or rights -of -way and does not significantly change the layout of existing or dedicated street, road or rights -of -way. 2) Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to the existing stormwater management systems designed to serve more than one lot. 3) Is not an integral portion of a property proposed or planned for future development or subdivision. 4) Is planned to be developed in a manner that is harmonious with surrounding properties and land uses. 5) That such development does not substantially affect the purpose and intent of this chapter. Subdivision Application #10-06, WIN, LLC July 31, 2006 Page 3 This proposed subdivision met the requirements for a waiver from the MDP requirements; the applicant has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. This project contains land zoned B-2 and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action on the Subdivision request is necessary. STAFF RECOMMENDATION FOR 08/16/06 PLANNING COMMISSION MEETING: Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 31, 2006 d 00 Regency Lakes E � / ' J h a/" C •I � U \\ � v O�� a F e P Ke �o �. I�, oil N C I i ESTER �Oq JI Exit 315 ey R/, Mi!/ R° , nn r� °d Q VICINITY MAP ses i 1" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 200E BY NOTARY PUBLIC MY COMMISSION EXPIRES , SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF "PARCEL 2," BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 050006781. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 54-A-99E 30.0500 ACRES ZONE: B2 USE: COMMERCIAL APPROVALS: FREDERICK COUNTY SANITATION AUTHORITY DATE O�Lr� o���,LTH VIRGINIA DEPARTMENT OF TRANSPORTATION DATE`�Q„rQ✓5, RICHARD A. EDENS a FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE No.002550 s-31-oCo GREENWAY ENGINEERING 151 Windy Hill Lane SURv Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 0028 SHEET 1 OF 6 Founded in 1971 www.greenwayeng.com (YIRVF nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT I CHORD BEARING CHORD LENGTH C 1 105'36'02" 170.00' 313.32' 223.97' N 55' 11 '53" W 270.82' C2 14'35'03" 800.00' 203.63' 102.37' N 1122 29" W 203.08' C3 33'20'18" 874.93' 509.09' 261.98' N 00'20'41 " E 501.94' C4 03'50'49" 7833.44' 525.96' 263.08' N 14'41'05" E 525.86' C5 31'5125" 824.93' 458.67' 235.43' S 00'2321" E 452.78' C6 14'34:32" 850.00' 216.23' 108.70' S 11'1857' E 215.65' C7 105'54 J 1 " 120. 00' 221.81 ' 1 158.98' S 55'02' 13' E , 191.56' C8 44' 10 50" 201.28' 155.2 1' 1 81.69' S 14'57 51 " E 151.39' C9 423726" 210.00' 156.22' 1 81.93' S 80'17'02" E 752.65' C10 34'06'08" 210.00' 124.99' 1 64.41' 1 S 41'55'15" E 123.15' IINF nATA LINE BEARING DISTANCE L 1 S 71'5747" W 345.17' L2 N 16'33'18" W 408.39' L3 N 17*2537" E 61.44' L4 S 79'08'18" E 45.88' L5 S 16'33'18" E 407.38' L6 I N 71'57'47" E 345.15' L7 S 18'02'13" E 50.00" L8 S 16'09 28' E 223.12' L9 S 70'33'12" E 144.39' L 10 S 07'07'.34" W 210.73' L 11 S 37'03'16" E 71.45' L 12 S 58'58'19" E 32.93' L13 S 61'4321" W 327.39' L 14 S 65'05'00" W 264.28' L 15 S 71'5747" W 50.00' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHS = DRILL HOLE SET IN CONCRETE IRS = 9" IRON REBAR & CAP SET IRF = %" IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKS = P-K NAIL SET IN ASPIVLT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TIRE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978. FINAL SUBDIVISION PLAT OF THE LAND OF o�Lr� WIN LL C o��p,LTH �r STONEWALL MAGISTERL4 DISTRICT, FREDERICK COUNTY, VIRGlNL4 RICHARD A. EDENS a SCALE: N/A DATE: MAY 31, 2006 No.002550 GREENWAY ENGINEERING 5 -31-000 151 Windy Hill Lane 3 ��O Engineers Winchester, Virginia 22602 SURv Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com 0028 SHEET 2 OF 6 (bb ' Ge, IRF p NEW 10' F.C.S.A. \\\ IQZE WATERLINE EASEMENT SEE SHEET 2 FOR PG DB 908 456 LINE DATA, CURVE N \\\ o DATA, LEGEND AND NOTES A j TAX PARCEL IRF° \\\ 0 -. ��o �In 54-A-99/ \\\ 6.3124 ACRES ANGLE IRON o FOUND 59810' 50' (TYPICAL) 3 00 -,,': MON o Wy O QN z t m 114 E �O (� 2 MON j MON Rs S 7330'32' 00 W IRS 10' F.C.S.A. \\\ SANITARY SEWER EASEMENT DB 448 PG 262 IRF o 1111 RESIDUE OF ul�� �-I►►o /Rs a TAX PARCEL III / 54-A-99E /Rs I 23.7376 ACRES J � Z a vl hs 50'INGRESS/EGRESS EASEMENT OVER T.M. 54-A-99F INST No. 050006781 2 IRS s I o ;:3 J tp 4! ll ! hZo, 10' F.C.S.A SANITARY m V 111 SEWER EASEMENTS DB 443 Pu 786 & II L 11 DB 508 PG 391 DHS C9 50' INGRESS/ /�� o KS ` 10' & 20' F.C.S.A EGRESS WATERLINE EASEMENTS EASEMENT DB 508 PG 391 INST No. o� DB 908 PG 456 050006781 APPROXIMATE END OF BLOG / BPL LIMITED ACCESS R/W IRS L6 IRS L7 C� ° ° _ L 33 _ 51 ' — IRS N MON L 1 /RSI 200 0 2610 B19--911 GRAPHIC SCALE (IN FEET) -L 12\�', 0 RS L 14 65'f WEB "_ L 1 B5 E RYVILL ARI ME WIDTH R/w' VA. PRIMARY RODE 34, PG 354 FINAL SUBDIVISION PLAT OF 7HE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN/A SCALE: Founded in 1971 1" _ DATE: MAY 31. 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 www.greenwayeng.com ,TH 10 RICHA D A. EDENS a No.002550 e S -3\-c(- 4, �y� SURv��O 0028 SHEET 3 OF 6 METES AND BOUNDS DESCRIPTIONS The accompanying plat represents a Division Survey of all of "Parcel 2," being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: NEW TAX PARCEL 54-A-99I Beginning at a''/2" iron rebar & cap set in the northern boundary of Interstate Route 81, a new corner to other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence with said road boundary S 71157'47" W, passing over a point at the beginning of the limited access right of way at approximately 5 V and continuing with said limited access right of way boundary 345.17' in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence continuing with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following six courses: 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55011153" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11122'29" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16033'18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 509.09' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 00020'41" E for a distance of 501.94', to an arigle iron found at the end of said curve; thence N 17025'37" E - 61.44' to a concrete highway monument found at the beginning of a curve to the left; thence 525.96' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 7,833.44' and a chord bearing N 14°41'05" E for a distance of 525.86% to a''/z" iron rebar found, corner to Development Company of America, LLP; thence with Development Company of America, LLP for the following three courses: S 79008'18" E - 45.88' to a''/2" iron rebar found; thence S 47002'52" E - 400.18' to a %" iron rebar found; thence S 39020'23" E—199.82' to a %z" iron rebar & cap set, a new comer to the other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence along new division lines through the land of WIN, LLC for the following seven courses: S 73050'32" W - 598.10' to a''/z" iron rebar & cap set at the beginning of a curve to the left; thence 458.67' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 824.93' and a chord bearing S 00°23'21" E for a distance of 452.78', to a ``/z" iron rebar & cap set at the end of said curve; thence S 16033' 18" E — 407.38' to a ''/a" iron rebar & cap set at the beginning of a curve to the right; thence File 0028 Sheet 4 of 6 216.23' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 850.00' and a chord bearing S 11°18'57" E for a distance of 215.65', to a %z" iron rebar & cap set at the end of said curve and the beginning of a curve to the left; thence 221.81' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 120.00' and a chord bearing S 55002'13" E for a distance of 191.56', to a %z" iron rebar & cap set a the end of said curve; thence N 71057'47" E - 345.15, to a %" iron rebar & cap set; thence S 18002' 13" E - 50.00' to the beginning. Containing...................................................................................................... 6.3124 Acres. RESIDUE OF TAX PARCEL 54-A-99E Beginning at a P-K nail set in a concrete island in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to Development Company of America, LLP; thence with said road boundary S 61043'21" W - 327.39' to a''/2" iron rebar & cap set at the intersection of said road boundary with the northern boundary of Interstate Route 81; thence with the last said road boundary for the following two courses: S 65005'00" W - 264.28' to a ''/I" iron rebar & cap set; thence S 71057'47" W — 50.00' to a'/2" iron rebar & cap set, corner to other land of WIN, LLC (New Tax Parcel 54-A-991 described .above); thence along new division lines through the land of WIN, LLC for the following seven courses: N 18002' 13" W - 50.00' to a %z" iron rebar & cap set; thence S 71057'47" W - 345.15' to a'/2" iron rebar & cap set at the beginning of a curve to the right; thence 221.81' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 120.00' and a chord bearing N 55002'13" W for a distance of 191.56', to a''/2" iron rebar & cap set at the end of said curve and the beginning of a curve to the left; thence 216.23' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 850.00' and a chord bearing N 11018'57" W for a distance of 215.65', to a''/2" iron rebar & cap set at the end of said curve; thence N 16033' 18" W - 407.38' to a '/z" iron rebar & cap set at the beginning of a curve to the right; thence 458.67' along the arc of a curve to the right (being nontangent to the preceding course), having a radius of 824.93' and a chord bearing N 00123'21" W for a distance of 452.78', to a %z" iron rebar & cap set; thence N 73050'32" E - 598.10' to a %" iron rebar & cap set in a line of Development Company of America, LLP; thence with Development Company of America, LLP for the following nine courses: S 39020'23" E — 233.46' to a `'/2" iron rebar found; thence S 16009'28" E - 223.12' to a %" iron rebar & cap set; thence S 70033'12" E - 144.39' to a''/z" iron rebar & cap set; thence File 0028 Sheet 5 of 6 S 07007'34" W - 210.73' to a %" iron rebar & cap set at the point of curvature of a curve to the left; thence 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14057'51" E for a distance of 151.39', to a drill hole set in a concrete gutter at the point of tangency; thence S 37003' 16" E - 71.45' to •a P-K nail set in an asphalt roadway at the beginning of a curve to the right; thence - 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80117'02" E for a distance of 152.65', to a P-K nail set in an asplialt roadway at the point of tangency; thence S 58058' 19" E - 32.93' to a drill hole set in a concrete island at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41155'15" E for a distance of 123.15', to the beginning. Containing................................................................................................... 23.7376 Acres. Surveyed...................................................... :............................................ May 31, 2006. ,TH -gO,oQ �Q RICHARD A. EDENS No.b02550 14•/�► '5 - 6 t -oC, 4 -V CTTTO���d File 0028 Sheet 6 of 6 FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 31, 2006 � d � Regency Lakes � \ O 00 17E O 0 F <WINCHESTER ��// Volley Exit 315 ,gill RO DOO - i✓ Rt. ss9 °a VICINITY MAP O 1 — 2000 OWNER'S CERTIFICATE - THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 200E BY NOTARY PUBLIC MY COMMISSION EXPIRES e , SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF "PARCEL 2," BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 050005781. RICHARD A. EDENS, L.S. NOTE: �'AREN TAX PARCEL IDENTIFICATION T.M. 54—A-99E 10,0500 ACRES ZONE: B2 USE: COMMERCIAL APPRO VALS: - FREDERICK COUNTY SANITATION AUTHORITY DATE OIL �KLTH VIRGINIA DEPARTMENT OF TRANSPORTATION DATE RICHARD A. EDENS a FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE No.002550 �� s 3► ��04' jot%N GREENWAY ENGINEERING 151 Windy Hill Lane SiTR��'� Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 L0028 SHEET 1 OF 6 Founded in 1971 www.gi-eeiiwayeng.com CURVE nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 1 105'36'02 " 170.00' 313.32' 223.97' N 55',11 '53" W 270.82' C2 14'35'03" 800.00' 203.63' 102.37' N 11 2229" W 203.08' C3 33'20' 18 " _ 874.93' 509.09' 261.98' N 00'20'41 " E 501.94' C4 03'50'49" 7833.44' 525.96' 263.08' N 14'4.1'05" E 525.86' C5 31 '51 '25 " 824.93' 458.67' 235.43' S 00'23'21 " E 452.78' C6 14'3432" 850.00' 216.23' 108.70' S 11'1857" E 215.65' C7 105'5431 " _ 120.00' 221.81' 158.98' S 55'02'13" E __ 191.56' C8 44' 10'50 " 201.28' 155.2 1' 81.69' S 14'5751 " E 151.39' C9 423726" 1 210.00' 156.22' 81.93 S 80'17'02" E 152.65' CIO 34'06'08 " 210.00' 124.99' 64.41 ' S 41 '55' 15" E 123.15' IINF nATA LINE BEARING DISTANCE L 1 S 71 '5747" W 345.17' L2 N 16'33'18" W 408.39' L3 N 17'2537" E 61.44' L4 S 79'08'18" E 45.88' L5 S 16'33'18" E 407.38' L6 N 71'5747" E 345.15' L7 S 18'02'13" E 50.00' L8 S 16'0928" E. 223.12' L9 S 70'33'12" E 144.39' L 10 S 07'07'34" W 210.73' L l l S 37'03'16" E 71.45' L 12 S 58'58'19" E 32.93' L 13 S 61 '4321 " W 327.39' L 14 S 65'05'00" W 264.28' L 15 S 71'5747" W 50.00, LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHS = DRILL HOLE SET IN CONCRETE IRS = Y" IRON REBAR & CAP SET IRF = 9" IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKS = P-K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY NO 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0115 A GATED ✓ULY 17, 1978. FINAL SUBDIVISION PLAT OF 7HE LAND OF W, IN), LL C STONEWALL MAGISTERIAL DLSTRICT, FREDERICK COUNTY, VIRGINIA. SCALE: N/A DATE: MAY 31, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane 14007Engineers Winchester, Virginia 22602 Surveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 Founded in 1971 www.greenwayeng.com � �, O L .t o RICHARD A. EDENS No.002550 0028 SHEET 2 OF 61 IRF 10' F. C. S.A. (b o IRF\\\;��DB WATERLINE EASEMENT SEE HEET 2 FOR 908 PG 456 LINE DATA, CURVE h �� OVPGv�� \\\ o� LEGEND AND tc NOTES. o -0 ��� OJT �� %N_\\\ 90� 600 NEW TAX PARCEL /RF° \\�\ N O o GN 54-A-99/ \\\ �" 6K�� ANGLE IRON 6.3124 ACRES � \\\ �n FOUND' o N w \\\ �2� 4iv 598.10, � IRS S 73'50'32 jp W oN IRS N \\\ N w \\\ 10' F.C.S.A. \\\ SANITARY ,.\jr—SEWER EASEMENT 50' , h r o 111 DB 448 PG 262 lRF III (TYPICAL) ~ _ RES/DUE OF MON o IRS o TAX PARCEL m ►II / III 54 A-99E oIRS jL 23. 7376 ACRES L9 Q '' � Q�� L W W 50' INGRESS/EGRESS EASEMENT OVER W W j i i Z T.M. 54-A-99F �.zz INST. No. 050006781cri c `uo � c� ' IRS 10 oIRS SEWER EASEMENTS C4 MON DB 443 PG 786 & L 11 V DB 508 PG 391 DHS p C9 z Q 50' INGRESS/ // a KS 10' & 20' F.C.SA EGRESS / WATERLINE EASEMENTS ` EASEMENT /� ` A'�s. L 12 MON o DB 508 PG 391 INST. No. � o oIRS & DB 908 PG 456 050006781 /Z� oay, C 10 APPROXIMATE END OF SLOG / c L gR \ .� LIMITED ACCESS R/W L -1 50' � R oIRS L6 /R o L7 _ PKS�POB _ 51 — IRS L13 I,a,NE i99E) MON L 1 IRS � RS L 14 65'f WE`T� ND 200 0 200 POB (991) �— �� -L 15 BERRyI/VARIABLE WIDTH RIW GRAPHIC SCALE (IN FEET) VA. PRIMARY R DB 341, PG 354 FINAL SUBDIVISION PLAT OF 7% lE LAND OF ,�,p,LTH 0�y,� WW 1. LL C °� � STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA `- �' ° SCALE: 1 = 200 DATE: MAY 31, 2006 RIC� A. EDENS aNd.002550 GREENWAY ENGINEERING s -3+-oc- 4, 151 Windy Hill Lane % Engineers Winchester, Virginia 22662 D SUR-q$ O Scrrveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 0028 SHEET 3 OF 6 E METES AND BOUNDS DESCRIPTIONS The accompanying plat represents a Division Survey of all of "Parcel 2," being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: NEW TAX PARCEL 54-A-99I Beginning at a''/2" iron rebar & cap set in the northern boundary of Interstate Route 81, a new corner to other land of WIlJ, LLC (Residue of Tax Parcel 54-A-99E described below); thence with said road boundary S 71°57'47" W, passing over a point at the beginning of the limited access right of way at approximately 51' and continuing with said limited access right of way boundary 345.17' in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence continuing with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following six courses: . 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55111'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11022'29" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16033' 18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 509.09' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 00020'41" E for a distance of 501.94', to an angle iron found at the end of said curve; thence N l 7°25'37" E - 61.44' to a concrete highway monument found at the beginning of a curve to the left; thence 525.96' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 7,833.44' and a chord bearing N 14041'05" E for a distance of 525.86', to a''/2" iron rebar found, corner to Development Company of America, LLP; thence with Development Company of America, LLP for the following three courses: S 79008' 18" E - 45.88' to a '/z" iron rebar found; thence S 47002'52" E - 400.18' to a''/z" iron rebar found; thence S 39020'23" IJ—199.82' to a'/2" iron rebar & cap set, a new corner to the other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence along new division lines through the land of WIN, LLC for the following seven courses: S 73050'32" W-.598.10' to a''/z" iron rebar & cap set at the beginning of a curve to the left; thence 458.67' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 824.93' and a chord bearing S 00023'21" E for a distance of 452.781, to a `'/z" iron rebar & cap set at the end of said curve; thence S 16033' 18" C — 407.38' to a '/2" iron rebar & cap set at the beginning of a curve to the right; thence File 0028 Sheet 4 of 6 216.23' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 850.00' and a chord bearing S 11°18'57" E for a distance of 215.65', to a %2" iron rebar & cap set at the end of said curve and the beginning of a curve to the left; thence 221.81' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 120.00' and a chord bearing S 55102'13" E for a distance of 191.56', to a''/z" iron rebar & cap set a the end of said curve; thence N 71057'47" E - 345.15' to a''/z" iron rebar & cap set; thence S 18002' 13" E - 50.00' to -the beginning. Containing...................................................................................................... 6.3124 Acres. RESIDUE OF TAX PARCEL 54-A-99E Beginning at a P-K nail set in a concrete island in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to Development Company of America, LLP; thence with said road boundary _ S 61043'21" W - 327.39' to a''/z" iron rebar & cap set at the intersection of said road boundary with the northern boundary of Interstate Route 81; thence with the last said road boundary for the following two courses: S 65005'00" W - 264.28' to a '/2" iron rebar & cap set; thence S 71057'47" W — 50.00' to a''/z" iron rebar & cap set, corner to other land of WIN, LLC (New Tax Parcel 54-A-991 described above); thence along new division lines through the land of WIN, LLC for the following seven courses: N 18002' 13" W - 50.00' to a. '`/z" iron rebar & cap set; thence. S 71057'47" W - 345.15' to a'/2" iron rebar & cap set at the beginning of a curve to the right; thence 221.81' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 120.00' and a chord bearing N 55002113" W for a distance of 191.56', to a'/z" iron rebar & cap set at the end of said curve and the beginning of a curve to the left; thence 216.23' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 850.00' and a chord bearing N 11018'57" W for a distance of 215.65', to a''/2" iron rebar & cap set at the end of said curve; thence N 16033' 18" W - 407.38' to a '1/2" iron rebar & cap set at the beginning of a curve to the right; thence 458.67' along the arc of a curve to the right (being nontangent to the preceding course), having a radius of 824.93' and a chord bearing N 00123'21" W for a distance of 452.78', to a'/2" iron rebar & cap set; thence N 730.50'32" E - 598.10' to a %2" iron rebar & cap set in a line of Development Company of America, LLP; thence with Development Company of America, LLP for the following nine courses: S 39020'23" E — 233.46' to a'/z" iron rebar found; thence S 16009'28" E - 223.12' to a'/2" iron rebar & cap set; thence S 70033' 12" E - 144.39' to a ''/2" iron rebar & cap set; thence Pile 0028 Sheet 5 of 6 S 07007'34" W - 210.73' to a'/z" iron rebar & cap set at the point of curvature of a curve to the left; thence _ 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14157'51" E for a distance of 151.39', to a drill hole set in a concrete gutter at the point of tangency; thence S 37003'16" E - 71.45' to a P-K nail set in an asphalt roadway at the beginning of a curve to the right; thence 1.56.22' along the are of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80017'02" E for a distance of 152.65', to a P-K nail set in an asphalt roadway at the point of tangency; thence S 58058'19" C - 32.93' to a drill hole set in a concrete island at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41055'15" E for a distance of 123.15', to the beginning. Containing................................................................................................... 23.7376 Acres. Surveyed................................................................................................... May 31, 2006. r RICHARD A. EDENS a No.b02550 File 0028 Sheet 6 of 6 1 V2, REQUEST FOR SUBDIVISION COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Wincliester if You prefer to hand deliver this from. Applicant's name, address and phone number: Greenway Engineering 151 Windy Hill Lane, Winchester, VA 22602 Attn: Richard A. Edens. LS 540-662-4185 Name of development and/or description of the request: Nonresidential Subdivision of a parent tract containing 30.05 acres into two tracts. Location: Property fronts the northeast quadrant of the intersection between Berryville Pike (Va. Route 7) and Interstate 81. Va. Dept. of Transportation Comments: The application for subdivision of this property appears to have significant measurable impact on Route is section of street Is currently not in the a e s Secondary Koad System. Ali entrance esign and drainage teatures must meet State re uirements it the street is to be eligible or acceptance. A complete set of construction plans., i e,5ecluiredjor review. VDOT Signature and Date: / !'� _ (NOTICE TO RESIDENT ENGA EER *.PI, ASE�R -1U5-k1V`TI' S FORM�TO A LIMT.) NOTICE TO APPLICANT It is your responsibility to complete this form asaccurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. r JUL 0 3 2006 �� i' REQUEST FOR SUBDVISION COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 The Frederick County Sanitation Authority is located at 315 Tasker Road in Stephens City, Virginia, if you prefer to hand deliver this review. Applicant's name, address and phone number: Greenwav Enaineeri 151 Windy Hill Lane, Winchester, VA 22602 ATTN: Richard A. Edens, LS 540-662-4185 Name of development and/or description of the request: Nonresidential Subdivision of a parent tract containinw 30.05 acres into two tracts. Location: Property fronts the northeast quadrant of the intersection between Berryville Pike (Va. Route 7) and Interstate 81. Sanitation Authority Comments: W,11 i��,�? -7 5�R VC 7 ///� 5*1726 Sanitation Authority Signature and Date: (NOTICE TO SANITATION AUTHORITY *PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map and all other pertinent information. r— - -_— "' JUN 13 2006 L GREENWAY ENGINEERING 151 Windy Hill Lane JUL 7 Winchester, Virginia 22602 Founded in 1971 T RA N S M I T T A L Project Name: Winchester Gateway (WIN, LLC) Final Subdivision Plats File No.: 0028 Berryville pike (Va. Rte. 7) Date: 7/7/06 TM 54-A-99E To: Frederick Co. Planning Dept. Attn: Mark Cheran 107 N. Kent St. Winchester, VA 22601 Copied: From: Richard A. Edens, LS GREENWAY ENGINEERING Phone: 540-662-4185 Fax: 540-722-9528 Email: redens@greenwayeng.com Remarks: l— Urgent ry For Your Review r As You Requested r Resubmitted Message: Mark, Please find attached a subdivision application package for the above -referenced project, for your review. Included in the package are two sealed sets of the plats, the completed application i form, the application fee check in the amount of $200 and the completed comment sheets for FCSA and VDOT. The Planning Department comment sheet was submitted to you on 6/8/06 and per our previous conversation you had indicated that your comment sheet would be completed prior to the July 10 cutoff date for the next cycle of meetings. It is my understanding that you have placed this project on the Planning Commission agenda for consideration at their August 2, 2006 meeting and the Board of Supervisors would tentatively consider this item at their August 23 meeting. Please let me know if this is not the case. Please review the attached at your earliest convenience and let me know if there is anything else you need at this time. Feel free to call should you have any questions or comments regarding this matter. Sincerely, Rich Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com J U L 7 2006 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF 'THIS DOCUMENT MEETS YOUR APPROVAL PLEASE A SE WITAL AND PROVIDE THE DATE AND T]jvIE .OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YO UR APPROVAL PLEASE PROVIDE COMI NTSAS TO WHAT YOU WOULD LISE TO SAYE COMPLETED: P TTIALS DATE & TIME Candice Bernie Mark Susan Eric Nike Kevin John COMMENTS: Received by Clerical Staff (Date & Time): FINAL SUBDIVISION PLAT OF THE LAND OF WIN LL c STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA MAY 31, 2006 \ 6 C _ QD d � Regency Lakes n � N O00 c 7E / c P��e iC IOF I -I I �0 MINCHESTER Mill � �3 1����.. Exit 315 Rt, Rood ��' VICINITY MAP vU� 1 — 2000 OWNER'S CERTIFICATE - THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WIN, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGINIA CITY / COUNTY OF TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 200E BY NOTARY PUBLIC MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS ALL OF "PARCEL 2," BEING A PORTION OF THE LAND CONVEYED TO WIN, LLC BY DEED DATED MARCH 31, 2005 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT No. 050006781. RICHARD A. EDENS, L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 54—A-99E 30.0500 ACRES ZONE: B2 USE: COMMERCIAL APPR0 VALS.- FREDERICK COUNTY SANITATION AUTHORITY DATE pVIRGINIA DEPARTMENT OF TRANSPORTATIONDATEA. (00RICHARD EDENS y FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE 0.002550 S -31-oCD GRE NWAY ENGINEERING D SURN� 151 Windy Hill Lane Lnt,in.ccrs Winchester, Viiginia 22602 St.trveyors Telephone: (540) 662-4185 FAX.- (540) 722-9528 6028 SHEET I OF 6 Fnwmdcd in 1971 www.greenwayeng•carn rarr:Fl,�All CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C 1 105'36'02" 170.00' 313.32' 223.97 N 55' 11 53" W 270.82' C2 14'35'03 " 800.00 ' 203.63' 102.37' N 11 '22 29 " W 203.08' C3 33'20' 18 " 874. 93' 509. 09' 261. 98' N 00'20'41 " E 501. 94 , C4 03'50'49" 7833.44' 525.96' 263.08' N 14'41'05" E 525.86' C5 31 '51 25 " 824.93' 458.67' 235.43' S 00'23 21 " E 452.78' C6 14'34'32" 850.00' 216.23' 108.70' S 1 P 1857" E 215.65' C7 105'5431 " 120.00' 221.8 1' 158.98' S 55'02'13" E __ 191.56' C8 44' 10'50" 201.28 155.21 ' 81.69' S 14'57'51 " E 151.39' C9 423726 " 210.00' 156.22' 81.93' S 80' 17'02" E 152.65' CIO 34'06'08" 210.00' 124.99' 64.41' S 41'55'15" E 123.15' LINE DATA LINE BEARING DISTANCE L 1 S 71 '5747" W 345.17' L2 N 16'33'18" W 408.39' L3 N 1 T25 37" E 61.44' L4 S 79'08'18" E 45.88' L5 S 16'33'18" E 407.38' L6 N 71'5747" E 345.15' L7 S 18'02'13" E 50.00, L8 S 16'09 28" E 223.12' L9 S 70'33'l2" E 144.39' L 10 S 07'07'34 " W 210.73' L l l S 37'03' 16 " E 71. 45' L 12 S 5858' 19 " E 32.93' L 13 S 61 '4321 " W 327.39' L 14 S 65'05'00 " W 264.28' L 15 S 71'5747" W 50.00' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHS = DRILL HOLE SET IN CONCRETE IRS = 9" IRON REBAR & CAP SET IRF = 9" IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKS = P-K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3. THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.I.P. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978. FINAL SUBDIVISION PLAT OF 7HE LAND OF WIN. LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A DATE: MAY 31, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers 144inchester, Virginia 22602 Sr.nwe)'O1 s Telephone: (540) 662-4785 FAX. (540) 722-9528 Fomided m 1971 tvi��-v.rreenwczyeng.Corn � �NLTH of y Non o u RICHARD A. EDENS No.002550 v��o� UR _ 0028 SHEET 2 OF 6 �b IRF o Est \\\ 10' F.C. S.A. %".o IRF\\\ WATERLINE EASEMENT SEE SHEET 2 FOR DB 908 PG 456 LINE DATA, CURVE NOTES.LEGEND AND NEW o TAX PARCEL IRF \�N �,N o JP 54-A -991 ANGLE /RON� p 6.3124 ACRES c1� ��\00 Ii3 FOUND _ z 598.10' `�' � \\\ �, 7 �� IRS $ 73'50'32'" W IRS �• \\\ -o i Va ` w m\\\ 10' F. C. S.A. \\\ SANITARY � � \��SEWER EASEMENT DB 448 PG 262 50' � IRF III (TYPICAL) ti RES/DUE OF 3 MON TAX PARCEL III ap \ o o IRS III 54-A-99E m 0IRS III j23.7376 ACRES O Q� z L9-� / d Q o `O 45 W 50' INGRESS/EGRESS ll �`' I o EASEMENT OVER �� Wo o� I i T.M. 54-A-99F I/ N INST. No. 050006781 '� Cho z IRS.II �� ;zoo Wf m 88, g 10' F. C..S.A SANITARY Q MON 0 o/RS SEWER EASEMENTS DB 44J PG 786 & L 11 ,� o V DB 508 PG J91 DHS o C9 PKS z N C� 50' INGRESS/ /� o \ 10' & 20' F.C.S.A EGRESS WATERLINE EASEMENTS EASEMENT A'Fs� L 12 MON o OIRS DB 508 PG 391 INS No. & DB 908 PG 456 050006781 J yr C 10 APPROXIMATE END OF BLDG / BRL \ LIMITED ACCESS R/W L -� 50 �� IRS L6 IRS L7� N. P0B o__ 51 — L 13 PKS E (990 MON L 1 I IRS IRS WESTBOUND IRS L 14 65 f __- Zoo o Zoo POB (99/) — PIKE E RYVILLE i OLE WIDTH RIW 15 —GRAPHIC SCALE (IN FEET) LEA. PRIMARY ROUTE 41 P� 354 FINAL SUBDIVISION PLAT OF 7HE LAND OF WIN. LLC STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 200DATE: MAY 31, 2006 GREENWAY ENGINEERING 151 Windy Hill Lane Engineers Winchester, Virginia 22602 StnveY°rs Telephone: (540) 662-4185 FAX.- (540) 722-9528 F tmeted in 1971 www.greenwayeiig.com �LTH 0� P l � RIC-HARD A. E D E N S '>- No.002550 S -31-oCo U I _ 0028 SHEET 3 OF 6 METES AND BOUNDS DESCRIPTIONS The accompanying plat represents a Division Survey of all of "Parcel 2," being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia and is more particularly bounded as follows: NEW TAX PARCEL 54-A-99I Beginning at a'/2" iron rebar & cap set in the northern boundary of interstate Route 81, a new corner to other land of WINT, LLC (Residue of Tax Parcel 54-A-99E described below); thence with said road boundary S 71057'47" W, passing over a point at the beginning of the limited access right of way at approximately 5 V and continuing with said limited access right of way boundary 345.17' in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence continuing with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following six courses: 313.32' along the are of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55°11'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the are of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11122'29" W for a distance of203.08', to a concrete highway monument found at the end of said curve; thence N 16033' 18" W - 408.39' 1.o a concrete highway monument found at the beginning of a curve to the right; thence 509.09' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 00°20'41" E for a distance of 501.94', to an angle iron found at the end of said cu;-ve; thence N 17025'37" L - 61.44' to a concrete highway monument found at the beginning of a curve to the left; thence 525.96' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 7,833.44' and a chord bearing N 14041'05" t for a distance of 525.86', to a''/2" iron rebar found, corner to Development Company of America, LLP; thence with Development Company of America, LLP for the following three courses: S 79008' 18" E - 45.88' to a `/2" iron rebar found; thence S 47002'52" E - 400.18' to a'/2" iron rebar found; thence S 39020'23" E—199.82' to a'/2" iron rebar & cap set, a new corner to the other land of WIN, LLC (Residue of Tax Parcel 54-A-99E described below); thence along new division lines through the land of WIN, LLC for the following seven courses: S 73050'32" W - 598.10' to a''/2" iron rebar & cap set at the beginning of a curve to the left; thence 458.67' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 824.93' and a chord bearing S 00°23'21" E for a distance of 452.781, to a'/2" iron rebar & cap set at the end of said carve; thence S 16033' 18" E — 407.38' to a '/2" iron rebar & cap set at the beginning of a curve to the right; thence File 0028 Sheet 4 of 6 216:23' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 850.00' and a chord bearing S 11018'57" E for a distance of 215.65', to a ``/z" iron rebar & cap set at the end of said curve and the beginning of a curve to the left; thence 221.81' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 120.00' and a chord bearing S 55002'13" E for a distance of 191.56', to a `/2" iron rebar & cap set a the end of said curve; thence N 71057'47" E - 345.15' to a''/2" iron rebar & cap set; thence S 18002' 13" E - 50.00' to the beginning. Containing...................................................................................................... 6.3124 Acres. RESIDUE OF TAX PARCEL 54-A-99E Beginning at a P-K nail set in a concrete island in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to Development Company of America, LLP; thence with said road boundary _ S 61043'21" W - 327.39' to a %z" iron rebar & cap set at the intersection of said road boundary with the northern boundary of Interstate Route 81; thence with the last said road boundary for the following two courses: S 65005'00" W 264.28' to a '/2" iron rebar & cap set; thence S 71057147" W — 50.00' to a''/2" iron rebar & cap set, corner to other land of WIN, LLC (New Tax Parcel 54-A-99I described above); thence along new division lines through the land of WIN, LLC for the following seven courses: N 18002' 13" W - 50.00' to a ''/z" iron rebar & cap set; thence S 71057'47" W - 345.15' to a''/2" iron rebar & cap set at the beginning of a curve to the right; thence 221.81' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 120.00' and a chord bearing N 55002' 13" W for a distance of 191.56', to a %" iron rebar & cap set at the end of said curve and the beginning of a curve to the left; thence 216.23' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 850.00' and a chord bearing N I1018'57" W for a distance of 215.65', to a ``/z" iron rebar & cap set at the end of said curve; thence N 16033' 18" W - 407.38' tD a '/2" iron rebar & cap set at the beginning of a curve to the right; thence 458.67' along the arc of a curve to the right (being nontangent to the preceding course), having a radius of 824.93' and a chord bearing N 00°23'21" W for a distance of 452.78', to a'/2" iron rebar & cap set; thence N 73050'32" E - 598.10' to a %" iron rebar & cap set in a line of Development Company of America, LLP; thence with Development Company of America, LLP for the following nine courses: S 39020'23" E — 233.46' to a'/2" iron rebar found; thence S 16009'28" E - 223.12' to a'/z" iron rebar & cap set; thence S 70033'12" E - 144.39' to a %2" iron rebar & cap set; thence File 0028 Sheet 5 of 6 S 07007'34" W - 210.73' to a'/2" iron rebar & cap set at the point of curvature of a curve to the left; thence 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14157'51" E for a distance of 151.39', to a drill hole set in a concrete gutter at the point of tangency; thence S 37003'16" E - 71.45' to a P-K nail set in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80°17'02" E for a distance of 152.65', to a P-K nail set in an asphalt roadway at the point of tangency; thence S 58058' 19" E - 32.93' to a drill hole set in a concrete island at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41055'15" E for a distance of 123.15', to the beginning. Containing................................................................................................... 23.7376 Acres. Surveyed.................................................................................................... May 31, 2006. r�,LTH RICHARD A. EDENS a No.002550 '�lyd SURv��O File 0028 Sheet 6 of 6 a W S E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATI®N SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPEEWS WORK REQUTEST DATE RECEIVED: 7ZjXA REQUESTED COMPLETION DATE: _� 12,71ois Department, Agency, or Company: Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: FAX: DESCRIPTION OF REQUEST: (Write additional inf7*ac _0/4p DIGITAL: SIZES: COLOR: BLACYJWHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: 4. /b —c(0 NUMBER OF COPIES: • lC :' f ll, AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 5 l� _C(P Adjoining Property: PARCEL ID NUMBER USE 4 -✓� - //L C. /� S.i��:-�ii4 L TO:BARBARA-DATA PROCESSING FROM:BEV - Panning Dept. Please, print sets of labels by THANKS! ZONING C� IVISON #10-06 WIN, LLC ewall 2 LOTS 30.05 ACR