TC 01-04-93 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
703/665-5651
Fax 703/678-0682
MEMORANDUM
TO: Frederick County Transportation Committee
FROM: Evan A. Wyatt, Planner II
RE: January Meeting and Agenda
DATE: December 30, 1992
There will be a meeting of the Transportation Committee at 7:30 p.m. on Monday, January
4, 1993, in the conference room of the Old Frederick County Court House, 9 Court Square,
Winchester, Virginia. The Transportation Committee will discuss the following items:
AGENDA
1. Request of Robert F. Bossick to implement safety improvements along Adams Road
(Route 689).
2. Discussion regarding the potential vacation of Conway Street.
3. Other.
9 North Loudoun Street P.O. Box 601
Winchester, VA 22601 Winchester, VA 22604
Page -2-
Transportation Committee
December 30, 1992
AGENDA
1) Mr. Robert F. Bossick has expressed concerns regarding the safety for motorists
utilizing Adams Road (Route 689). Mr. Bossick has stated that Adams Road is too
narrow in many places for vehicles to pass one another, trees and other vegetation
encroaches the right-of-way, and visibility is limited on road curves. The
Transportation Committee will discuss this item to determine the improvements
necessary to enhance safety.
2) The Transportation Committee will discuss a request from Mr. Kimerly G. Henry to
vacate the portion of Conway Street which lies in Frederick County. The City of
Winchester, by resolution, vacated the portion of Conway Street contained in their
jurisdiction on January 14, 1987. The focus of this discussion will be to determine
what action has occurred to date, what issues need to be considered, and what steps
are necessary for this committee to provide a recommendation to the Frederick
County Board of Supervisors.
3) Other.
ITEM #1
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ITEM #2
Conway Street
400.
City of Winchester, Va.
TO :. VACATION -
Portion Conway St.
t4 1 '7 D
n209 FG400
THE COMMON COUNCIL
No. 170
I, Pattic.-i-a B. Mhby, CieAh o6 the Common Councie, hereby ceAti6y on .thi-6 14th day o6
Jant=y, 1987, that .the 6ottowi.ng ondbnance it a thue and exact copy o6 one and .the
tame adopted by .the Common Counc.it o6 the City o6 w•i.nchuten, V.Ucg.ini.a, a.atembQed .in
rcegu&A 6asioii on the .t1uA.teen-th day o6 JanuoAy, 1987:
AN ORDINANCE VACATING AN UNDEV=ED PORTICN OF CCTNTAAY ST=, EX=ING FROM
A POINT APPROXIMATELY 90 FEET EAST OF FOUSS STREET TO A POINT APPROXIMATELY
327 FEET EAST OF ROSS STREET, AND BOUNDED ON THE NORTH SIDE BY THE CITY LIMITS
AND LOCATED IN THE CITY OF WINCHESTER, VIRGINIA
WHEREAS, in a Deed of Dedication of record in the Office of the Clerk of the
Circuit Court of Frederick County in Deed Book 134, at Page 199, there is shown Conway
i Street, which street was annexed by the City of Winchester; and
WHEREAS, there is of record in the Office of the Clerk of the Circuit Court of
the City of Winchester in Deed Book 197, at Page 341, shown Conway Street, a part of
which lies in the City of Winchester, as shown on said plat of record in the City
Clerk's Office, running from the city limits to Ross Street; and
WHEREAS, the City is empowered to vacate streets and alleys in the City pursuant
to and in conformance with provisions of Virginia Codes 15.1-364. et seq. as amended;
and
WHEREAS, the City intends to vacate a portion of said Conway Street extending from
a pont approximately 90 feet east of Ross Street, as shown on said plat of record in
the City Clerk's Office in Deed Book 197 at Page 341 as the eastern edge of the eastern
lot of Lilly Mowery on the southern boundary of Conway Street to a point approximately
327 feet east of Ross Street, being the point of intersection of the city limits of the
City and the southern boundary of Conway Street, as shorn on said plat, and the land
j proprietors affected by said action were notified; and
{{{ MIEN, viewers were appointed to report on the inconvenience, if any, of said
vacation, which report is attached hereto and made a part hereof:
NCW, T 1EREFORE, BE IT ORDAINED that the portion of Conway Street extending from a
point approximately 90 feet east of Ross Street, as shown on said plat of record in the
City Cleric's Office in Deed Book 197 at Psge 341 as the eastern edge of the eastern lot
of Lilly Mowery on the southern boundary of Conway Stret, to a point approximately 327
feet east of Ross Street, being the point of intersection of the city limits of the
City and the southern boundary of Conway Street, as shown on said plat, be and is hereby
vacated; and
BE IT FURTHER ORDAINED that in any sale or other disposition of the herein -vacated
property an access easement shall be retained by the City for access to the purp station
and related facilities located at the eastern end of Conway Street, said easement to be
described approximately as follows: Beginning at a point located in Conway Street approx-
irately 90 fees. east of Ross Street and ten feet along a line perpendicular to the
southern edge of Conway Street; thence N 190 59' 54" E 20 feet; ti ence S 70° 00' 06" E
to the line of the city limits; thence with said City Limits S 46 31' 20" E to aopoint
ten feet along a line perpendicular to the south edge of Conway Street; then N 70 00'
06" W to the point of the beginning; and
BE IT F=-IER ORDAINED that the Clerk of Council is hereby directed to place a
certified copy of this ordinance of record with the deed records in the office of the
s Clerk of the Circuit Court of the City of Winchester.
t..Gtitneih, r+y.iiand and .the teat o6 the City o6 W nchetten, VZ.jin.i.a ORD. NO. 004-87
i
'�ti•�.' ` 1�Cte)Lk o6 bte Common Coun
KATE RG.,
VIRGINIA
►+_.i{Y OF 0/vcNEs++R TO WIT:
I, J,'r,.,„ ; i L • 5�;,�p a Notary Public in and for the State of
Virginia, do hereby certify that Patricia B. Ashby, Clerk, Winchester Carron Council,
whose name is signed t0 the foregoing ordinance bearing date On the Clc?p. of.,
Jnul, , 1987, has personally appeared before me and acknowledged the s my' •
y� State and jurisdiction. C; _
r! Given under my hand this /5"4 day of Jd„« o.-/ , 1987. • , �'
My ccmuission expires Fe,6),-j.{ 12,
Notary Public .'�
A. ?iorsey .
B. A;rncar.
This deed ma',.e and da'ed this 2nd day of July, 1912, be-
taeen Elizabeth A. Horsey (a single woman) party of the first part and .iilliam
B. .ia„ner, party of the second part.
7itnesseth: That the said party of the first part in cun-
sideration of the sum of six hun6red and fifty (ti650•.UO) dollars cash to her
in hclrJ pain by the said party of the second part, the receipt oi'. a.ici: is+
hereby acknowledged doth hereby grant and convey, ,vith gene al warrant;; ,i' tide
r.to the ^ziid C'illiam B. agner his heirs and assi-ns forever, all of that
certain lot of land with the a n urtenances thereunto bclor., injc, ;Situated in
3t onevrall i,:e isterial District, I'recieriek Cort;r,Vir11inin, on the i':cr:th
of the '.7irchester and Berryville '.Llur.npike, a short distance east Of tits
corport.,te limits of Jinchestor and more particularly described <ais i'ollo,as,:,
3e;inning at a distance of 180 feet on the .lest side of -]'at is do ;i,M,`ted t:.,
Atwell Avenue and extending Jestwardl,y along the Berryville Pike a dis,trlrce of
178 feet, running v7ith parallel width Dorth A distance of 1100 feet to't,
foot street designated as Convra,y ,�trcet, anQ heir;, the lots desi ra;;tte .i ;os.
three and dour on a plat of a t'iiirty tWO acre tract of land, ';;l:ici! T�lat is
,iereto attabced and is to be recorded as part of this d6� a, 'ani be in a 7?a3r-
tion of a tract of land which ;,,as conveyed to the said i lizabeth A. Horsey by
i+'lorence A. Rice and hu -,band by deed dated iiarch Oth, 1911, and ,ihic'a it Of
record in the Clerk's Office of Frederick County, Virginia, Deed 13ook
page 360. -
It is distinctly understood and acrreed between the pt:rtics
hereto that the party of the second p<,.rt, his heirs and assigns are not to
erect a stable or barn upon the property hereby conveyed at any point nearer
than 150 feet from the Berryville Pike or from Conway Stroet. And the seid
party of the second part further agreed to begin the erection of a dvaelling on
a portion of land hereby conveyed within six months from the d.elivery of this
deed. The said party of the first part reserves all crops now grooving upon
the land hereby conveyed with the privelege of removing the same.
And the said party of the first part covenants that she
will warrant generally the title to the property hereby conveyed; that she
has a right to convey the same to the grantee; that the grantee, his heirs
and assigns shall have ouiet possession of said property; that the same is
free from encurib.•ances and that she will execute such further assurances as
may be renuisite.
Witness the following signature and seal:
Elisabeth A. Horsey, (SEA1)
State of Virginia.
City of 7inchester, to wit: -
I, I. D. Good, a ilotary Public in and for the city afore-
said in the state of Virginia do certify that Elizabeth A. Horsey, whose name
is signed to the foregoing smiting bearing; date on the 2nd day of July 191:.,
has acknowledged. the same before me in my city and state, aforesaid.
My commission expires Feby. 9th, 1914.
Given under my hand this 3rd day of July, 1912.
I. IT. Good, Notary Public.
E
Virginia.
Frederick County. Sot.
This instrument of writing was produced to me on the 12th
day of August, 1912, and with certi-figbte of acknowledgment thereto annexed
s L .
was admitted to record.
H. A. Hite, Deputy Clerk.
fir• 2 6
A. C. Painter, et ux,
To)(Trust
Jas. P. Reardon, Tr.
This Deed of Trust made and dated this 12th day of August
I
J o'1912 between Ambrose C. Painter and Susie B. Painter his wife parties of the
J 1v w
first part; Jas. P. Reardon Trustee party of the sero d part and V. M. Cushwa
and David_ Cushwa panthers:trading as Victor Cushma and Son parties of the
i
1` third part.
i
-,7hereas the said parties of the firstpart are justly
in-
debted j
to the said parties of the third part in the principal sum of Three
Hundred and Eighty-six and 25/100 ($306.25) Dollars, as evidenced by the
promissory note of the said Ambrose C. Painter and Sus'.e B.'Painter bearing
A' date on the 16th day of i:ay 1912 and payable 120 days from date thereof and �
!
-„A rart;nc ere. r-1-Iua of Gecurin� th!i navment of the said in-
0
hmr
337.
Lillie Estella Mowrey, et al
TO :. DEED No. 2013.
Kimberly G. Henri, et al
B�( 197 PG337
THIS DEED, made and dated this.17th day of October,
{! 1985, by and between LILLIE ESTELLA MQWREY, widow, MARY
II LOUISE PLACE 999IC99N and THOMAS QQQKCSQN,L her husband and LEE
A. PLAQE, single, parties of the first part, herein called
I
I� Grantors; and KIMERLY G. d9NEy and MARK ggjg y4 parties of
,I the second part herein cal
led Grantees.
WITNESSETH: That for and in consideration of the sum
II .
of len Dollars (*10.00), and other valuable consideration the
receipt of all of which is hereby acknowledged the Grantors
do hereby grant, sell and convey with General Warranty and
English Covenants of Title unto the Grantees, as tenants in
SII
common all of the following described real estate lying and
�being situate substantially in the City of Winchester with a
I
tiny parcel in Frederick County, and designated as Lots 29,
li
i30, 31, 32, 33A, 33B, and B, along the Southeast side of
Conway Street in the City of Winchester, Virginia, and
adjacent to Interstate 81, and Lots 30, 31, 32, 33A, 33B, and
being Lot B
I q the property that was conveyed by George B.
iiWhitacre, Executor of the Estate of Sarah E. Place,
deceased, to A. Lee Place, Glenna V. Place, and Lillie
Estella Mowrey by Deed dated December 3, 1968 and of record
f in Deed Book 116, Page 25 in the Office of the Clerk of the
I
II Circuit Court of Frederick County, Virginia. Glenna V. Place
subsequently died on November 11, 1977 and by here Will of
record in Will Book 54, Page 144, devised all of her
I�
property to her daughter Mary Louise Place Cookson; and Lot
�i 29 being the same property conveyed to Glenna V. Place, by
Deed of E. A. Henry, at ux, dated March 21, 1935 and of
it
n
338:
BK 19 7 PG338
jl
record in Deed Book 55, Page 205 and being the same property
1► devised to Mary Louise Place Cookson Under the Will of
I I
Glenna V. Place, in Will Book 54, Page 144 in the Office of
the Clerk of the Circuit Court of the City of Winchester,
� Virginia.
'! This property is shown on a composite survey of the said
I► Lots 29, 30, 31, 32, 33A, 339, and B, which plat is attached
hereto and made a part hereof by this reference and contains
�I
1.090 acres according to the plat of H. Bruce Edens, C. L.
S., dated February 14, 1984, which plat and survey are
attached hereto and incorporated herein by this reference.
i!
This property is conveyed subject to all legally
1
I, enforceable easements, restrictions, and covenants of record
I,
affecting same and particularly subject to that certain
►) twenty (20) foot easement to the City of Winchester
► designated on the attached plat.
�I WITNESS the following signatures and seals:
I
i,
(SEAL)
�------------------------- --
LILLIE ESTELLA MOWREY--
►; ��
li ��� , ----------- (SEAL)
MARRY/'LOUISE PLACE COOKSON
_ �?r_ ------ (SEAL)
;THOM4ASM�-90N4--
(SEAL)
-- -------------
LEE A. PLACE
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BK 1.9 r PG 3 4 1
CO Gti4 Y S T�PEET
I h
1.090 ACRES I
� I GEO,PGE N/L C A,PO I �`
N 70.00'OL'W
!\ I 99. ae' h i • I
iIf4,PY COO,t'SON h I $o
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I I N 70•DO'OG'K/ 90.A9' N
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ST,OTEK//DE STAT/DNS INC.
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COMPOS/TE S41,?VrY a4,r
A,PEA LOCATED /N FPEDEP/ Of' THE COTS OF
.f 7.4.9 So. Fr0��1.rN op �� L /L L /E /LfOGt/ERY
�� .per ti1A�PY L. coon SO/V
3 R MCE mm x LEE A. GLACE
(RTiF1CATE No. Y C//,Y OF Gf//NCyESTER, �//,PG/N/q
54-17.3 (a)965 ,
5417.3 fb)W SCALE, /" - 50' --FEB. /a,19.64
t ;; oRFOd'eep 're,
o Adv G.PEENdV,4Y ENG/NEE,P/NG ! SUPYEY/NG CQ /NC,
• W/NCHESTE,P, l�/,PG/N/A
341.
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titM NLA CITY of WiNCHESTE.lt, SUL /
rh Instrument pf writing was roduoed toXL'
, `�.`.-- daf
--'�-f nti,4.a ✓ ,19�at a �' '� and With
+artificate of aclmcwledgment thereto aaaa:ed was admitted to reoord.
Tax imposed by Seo. .1 of $ 'J. gjc- and ve bees
P&W.9 aeseesa}sle.
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