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Home My WebLink About02-06 Comments (2)TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: April 19, 2006 The amount of $50.00 was deposited in line item 43- 010 019110 -0008 for the company named below had a deposit for one sign for a Rezoning 402 -06 for Shenandoah University. The company has returned the sign and is therefore entitled to the retum of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd q -pgiN# MEMORANDUM Shenandoah University 1460 University Drive Winchester, VA 22601 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665 -6395 a a c( p 6 py of adjoiner list given to staff memxfor verification Four sets of adjoiner labels ordered from data processing 4 £DLD,C One B'4 t t "black. -an -white location map ordered from Mapping BALANCE I AML PAID (atl ILAS 'LOCI UN Iri. .CAS CHE af aB ,m�at HOVJ {PAID H CK Eli oo a 42 Al. 04. t File given to office manager to update Application Action Summary 3 1/ PC public hearing date ACTION: 7e! if Old. /,o)- /06 BOS public hearing date ACTION: 3 Signed-copy of resoluti on foramendmentofordinance,withconditionsproffere d— [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) Action letter mailed to applicant Reference manual and D -base updated e given to office manager to update Application Action Summary (fmal action) G/ /3 OfimaCt' File given to Mapping/GIS to update zoning map Zoning map amended /3/D4 p 05109/02 p 8E N o b o (NI N. N 0 c, v U w E in •z Street Light Dog tags go on sale Seeond Half Taxes Due Personal Property Real Estate Sanitary District Light Street Other due dates as billed by the Co Revenue's Office. by mmissioner of the Nov. 1 Dec. 5 Mailino Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604 -0225 (540) 665-5607 E-mail Address BOrndoff @co.frederick.va. us For Tax Information Online Pa meets W W W.CO .FREDERICK. VA. US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pre Extended hours may be offered during peak for details in local media. times, watch i Signature Shu FOR VEHICLE LICENSE j I declare !haulm statement and figures h er e on y eION full and correct to the best of my knowledge and belief. Used 50% for Business yes Nr T A X R E C E I P T .EDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER SIGN DEPOSITS PLANNING VA 22604 -0225 Previous Balance Principal Being Paid Penalty Interest Amount Paid *Balance Due Ticket #:00005280001 Date 2/21/2006 Register: CJO /CJ Trans. 19313 Dept 1095 Acct# Pd by DEPT OF PLANNING Check 44754.10 CKS nrrnnrnr:• rurc' TraPTJTnt:c DPMAT.TV /TNTPREST THRU THE MONTH 2/2006 50.00 50.00 .00 .00 50.00 .00 DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR STEPHEN M. GYURISIN November 1, 1982 Mr. James A. Davis President Shenandoah College Conservatory of Music Winchester, Virginia 22601 Dear Mr. Davis: I appreciate receiving your letter of October 26, 1982, concerning the support of this office for your efforts to expand the college campus onto the Seal tract. While I am sure that you have noticed in the newspapers that the Planning Commission and Board of Supervisors have informally endorsed this move, I would like to take this opportunity to clarify the position of both bodies. The Planning Commission has informally endorsed this move and has committed to either rezone that tract when necessary or to adjust the current zoning to allow your use on the tract. The Board directed me to draft a formal resolution endorsing the move. I would anticipate this resolution being approved by the Board of Supervisors during the month of November and when that resolution is passed, I will make sure that you receive a copy. The Board felt that this was necessary to preclude any confusion in the future when the college is actually ready to use this property. If I can be of any further assistance or if you have any questions, please do not hesitate to contact me. Sincerely, ohn T. P. Horne Director JTPH /rsa :Jifraterick U aunty Department of Planning anb !eteIapnlett# 703/662-4532 NoV 2 RECo P. 0. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 FROM: James A. Davis President SHE DATE: December 18, 1990 COLLEGE AND CONSERVATORY M E M O R A N D U M TO: Al Smith, Ralph Shockey, George Romine, James Wilkins, Jr., Dick Shickle Eddie Yost, attorney for Glen Russell, owner /developer of the lots along out I -81 east property right -of way, gave written assurances that the 60" right -of -way would be clearly marked for each property owner and that each new property owner would be notified of the college's planned use of the right -of way. I, therefore, signed the legal agreement prepared by Ben Butler, our attorney, dedicating a 60" right -of -way to the state. Trustees, Ralph Shockey and Jim Wilkins, Jr., agreed that I should proceed if the above conditions were met. 1460 College Drive, Winchester, Virginia 22601 1.:Sen Elt3I/ i:. g. w. clifford associates, Inc. Dr. Jim Davis, President Shenandoah College Conservatory 1460 College Drive Winchester, Va. 22601 Dear Jim, 200 North Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703- 667 -2139 Fax: 703- 665 -0493 November 16, 1990 Re: Entrance Road Situation I have had the opportunity to review, in detail, the situation regarding the College's road known now as Price Lane in the Pembridge Heights subdivision area of Frederick County. The College acquired a 60' right -of -way similar to the state road 'dedication indicated in the subdivision, on a similar alignment, but not the same as the right -of -way proposed for dedication. The subdivider provided for a 50' dedicated right -of -way with two 10' slope, utility and drainage easements, one located on either side of the road right -of -way. The road is essentially constructed although it has not been accepted by the State Highway Departmen t. We have discussed this issue with Mr. Bill Bushman, P.E., the VDOT Resident Engineer. He and I concur that the limitation of right -of -way width will not be a factor in the capability of this road to handle the traffic intended. Bill points out that the County Planning Commission will have the ultimate say as to the usability of this road and he will simply have to maintain whatever roadway is brought about by this decision. Adequate right -of -way is available for a three lane roadway or even wider if curb and gutter is used. The fact that the new roadway does not exactly follow the metes and bounds describing the old right -of -way is not significant in that the new right -of- way has a smaller degree curve and is therefore better. It provides essentially equal access to that intended by the other right -of -way line. Any legal issues not withstanding, the capacity of the road provided is essentially "or equal" to that which the college had prior to the subdivision. We agree with Benny that a deed stipulation on each single family lot should acknowledge the ultimate use of this road as a major entrance to substantial college facilities. We also believe that some agreement with the present owner that these roads will be dedicated and accepted by VDOT is necessary. If the county has such an assurance by bond then you should get an acknowledgement of that fact. We have prepared the attached sketch drawing from available records which shows the situation involved. Also, you will note the recommended area required of the Holiday Inn folks for road dedication to implement the alternate plan we spoke about last week. to call. CEM /ckd Should you have any other questions or comments please do not hesitate cc: Mr. Ben Butler Sincerely yours, addox, Jr 71, PcE., V.P. G. W. Clifford (Associates, Inc. BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ. JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B. JOHNSTON F. L. Largent, Jr., Esquire Attorney at Law P. 0. Box t4. Winchester, Virginia 22601 tear Jim: BJT:jdf Enclosures cc: Mr. iiendle Zickefoose HARRISON JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 P. O. BOX 809 9, 19B2 November We represent Shenandoah College and Conservatory of Music which has recently purchased 16.426 acres from Mr. and Mrs. L. Franklin Seal, just east of Interstate 81. The property runs through land owned by the Lages heirs and in fact, is served by a right of way granted to Mr. and Mrs. Seal by geed dated December 1, 1976, a copy of said deed being attached hereto. An examination of the deed will reveal that there was in exchange for the grantine of the right of way, a restrictive covenant placed on the 16.426 acres liTitine the use or the same to residential purposes. Mendle Zickefoose, business manager for Shenandoah College, has advised that he consulted with one or more Of the Lases Y family, although I am. not sure who, and that they have agreed to sign a waiver of this particular restriction in order that the college not be burdened with the same. Accordingly, T- have drafted a proposed Deed of Waiver of Restrictive Covenant which I enclose herewith for your review. I did not have the names of the husbands and wives of the various Lages heirs and, do not know whether or not all their signatures are necessary, but wanted to get this draft to you as euickly as possible. Would you please give this matter your prompt attention and give_ me a call in order that E. can draft whatever is necessary to waive the restrictive covenant and hopefully design an instrument that is agreeable to all parties. Sincerely, Billy J. Tisinger TELEPHONE AREA CODE 703 667 -1266 BURR P HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ, JR. RONALD J. BROWN BRUCE E. DOWNING ELIZABETH B. JOHNSTON Dear Mendle: HARRISON 8 JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 P. O. BOX 809 October 20, 1982 TELEPHONE AREA CODE 703 667 -1266 Mr. Mendle Zickefoose Shenandoah College and Conservatory of Music Millwood Avenue Winchester, Virginia 22601 Re: 1. 18.426 acres owned by L. Franklin Seal and Emily J. Seal, his wife 2. 60' wide right of way running from Harvard Drive to the above referenced property Pursuant to the request of Shenandoah College and Conservatory of Music, we have completed a title examination with regard to the above referenced matters. The above referenced property was conveyed to L. Franklin Seal and Emily J. Seal, his wife, by deed dated November 8, 1944 from Eleanor V. German, which deed is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 190, at Page 435. At the time of the foregoing conveyance, the land consisted of 43 acres, more or less, and when Interstate 81 was constructed, the 18.426 acre parcel was the remainder of said land lying on the east side of Interstate 81. By deed dated March 23, 1976 L. Franklin Seal and Emily J. Seal, his wife, conveyed the remainder of the land to themselves as tenants by the entirety, which deed is recorded in the aforesaid Clerk's Office in Deed Book 456, at Page 338. By deed dated December 1, 1976 and recorded in the aforesaid Clerk's Office in Deed Book 467, at Page 68, Francis P. Lages and Blanche A. Lages, his wife, conveyed a sixty foot right of way to L. Franklin Seal and Emily J. Seal, his wife, which right of way is described in a plat attached to said deed as running from Harvard Drive to the subject land and being sixty feet in width. Insofar as such examination would show, we are of the opinion in regard to the 18.426 acres, that L. Franklin Seal and Emily J. Seal, his wife, are seized and possessed of a valid, unencumbered, marketable fee simple title in and to the subject property, subject only to the following: Mr. Mendle Zickefoose Page 2 October 20, 1982 1. Real estate taxes for the year 1982 and subsequent years. 2. Unfiled and unrecorded leases and materialmen's liens. 3. Such facts as might be revealed from a physical inspection and /or by a competent survey of the premises. 4. Usual utility easements. 5. A residential restriction as set forth in that certain deed dated December 1, 1976 which deed is recorded in the aforesaid Clerk's Office in Deed Book 467, at Page 68, wherein the owners of the land have agreed that "any subdivision or development of said land, and /or sale of lots therein, shall restrict the use thereof to residential purposes only, and shall contain an additional restriction that not more than one single family dwelling may be constructed on any lot therein The restriction further provides that any deed conveying said land to any person shall contain this restriction. The above referenced deed also provides that in the event that the sixty foot right of way is ever dedicated or asked to be dedicated by the Grantors, that the Grantees or their successors, will join in said deed of dedication for public use. It is also noted that in the same deed some question has arisen concerning the rights of Frank L. Clevenger, et ux, for damages as the result of the conveyance of this right of way and that the Grantors and Grantees, and their successors in title, shall be equally responsible for any damages awarded, should thie matter be arbitrated or litigated. A copy of this deed is attached. 6. A deed of easement dated October 24, 1967 and recorded in Deed Book 337, at Page 283 in the aforesaid Clerk's Office. L. Franklin Seal and Emily J. Seal, his wife, granted to the City of Winchester an easement on the northeast corner of said property for the purpose of constructing a water main, which easement includes the right to go upon the property to repair and maintain the same. A copy of this deed of easement is attached hereto. 7. The riparian rights (the rights in and to the use of the water in Abrams Creek) insofar as this property is concerned, were conveyed to the Virginia Woolen Mill by a predecessor in title by deed dated August 12, 1924 of record in the aforesaid Clerk's Office in Deed Book 152, at Page 192. A copy of this deed is attached hereto. Mr. Mendle Zickefoose Page 3 October 20, 1982 BJT:jdf Enclosures SIXTY FOOT RIGHT OF WAY A record examination in regard to the 60 foot right of way reveals the following: 1. A sixty foot right of way has been granted by Francis P. Lages and Blanche A. Lages, his wife, by instrument dated December 1, 1976 to L. Franklin Seal and Emily J. Seal, his wife, which deed is recorded in Deed Book 467, at Page 68 in the aforesaid Clerk's Office. This appears to be the only access to the 18.426 acres, except through the overpass running over Interstate 81 from the property belonging to the City of Winchester on the east side of Interstate 81 to property belonging to the City of Winchester located on the west side of Interstate 81. This 60 foot right of way, although described by plat, is, as it presently exists on the ground, a narrow rutted dirt tract. This right of way, which gave rise to the residential restriction as aforesaid, apparently has never been located upon the ground and at this time, is represented by survey only. Accordingly the same should be located on the ground to assure that the same in fact contains no obstacles and in fact extends to the 18.426 acres which it intends to serve. The title examiner cannot perform this function as a result of a record examination and the same should be accomplished by a competent surveyor. Sincerely, v ,t Y 1Z 4 day of S 5 8 PO 9, THIS DEED OF WAIVER OF RESTRICTIVE COVENANT, made this 1983, by and between F. L. Largent, Jr., Executor of the Estate of Blanche A. Lages, hereinafter called the Grantor, and L. Franklin Seal and Emily J. Seal, his wife, and Shenandoah College and Conservatory of Music, hereinafter called the Grantees. WHEREAS, by deed dated December 1, 1976, Francis P. Lages and Blanche A. Lages, his wife, conveyed a sixty foot (60') right of way to L. Franklin Seal and Emily J. Seal, his wife, and as part of the consideration placed a restrictive covenant upon land then owned by L. Franklin Seal, et ux; and, WHEREAS, Francis P. Lages died and was survived by Blanche A. Lages, his wife, who subsequently died, and F. L. Largent, Jr., Esquire, qualified as Executor under the Will of Blanche A. Lages, with the poser, inter alia, to convey property; and, WHEREAS, the Estate of Blanche A. Lages is the owner of land adjoining the sixty foot (60') right of way, as hereinbefore mentioned, and is the only party who has any interest concerning said right of way except for that as previously granted to L. Franklin Seal, et ux, in the hereinbefore mentioned deed; and, WHEREAS, the parties hereto desire to remove the restrictive covenant concerning development or residential use of that certain 18.426 acres as described in the hereinbefore mentioned deed. NOW THEREFORE WITNESSETH: That for and in consideration of WITNESS the following signatures and seals: nit a29b and release any and all litSognilnrestrictive covenant set forth in that certain deed dated December 1, 1976, which deed is recorded in Deed Book 467, at Page 68, in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, insofar as said restrictive covenant purports to restrict the use of the 18.426 acres, described therein, to residential purposes only or to any other development concerning said acreage. 2. The Grantor and the heirs and assigns of the Estate of Blanche A. Lages, Deceased, shall have no liability for improving the aforementioned right of way for the benefit of the Grantees and except for the release of the aforementioned restrictive covenant the Grantees accept the said right of way subject to all of the recorded terms and provisions of that certain Deed dated December 1, 1976, between Francis P. Lages, et ux, and L. Franklir Seal, et ux, of record in the aforesaid Clerk's Office in Deed Book 467, at Page 68. 3. L. Franklin Seal and Emily J. Seal, his wife, by their signatures hereto, and Shenandoah College and Conservatory of Music, by its signature hereto, do hereby grant and convey to F. L. Largent, Jr., Executor of the Estate of Blanche A. Lages, the use of the sixty foot (60') right of way that they possess or hereinafter will possess, to be used in common with the rights of the Grantees herein. Ic lc4-t- SEAL F. L. Lar nt r. ,'Executor of the state of Blanche Pr. Lage L. Franklin Seal (SEAL SCULLY, THROCKMORTON e GLASS LTTORNETS AT LAW SOUTH KENT STREET INCHESTIR,VIROINIA new. THIS DEED OF VACATION, AND'IDEDICATION OF PUBLIC RIGHT OF WAY, made and dated this 12th day of December, 1990, by and. between BROWNELL, INC., TRUSTEE', hereinafter called BROWNELL, party of the first part (Grantor), and SHENANDOAH UNIVERSITY, '!(formerly Shenandoah College and Conservatory of Music), 'hereinafter called SHENANDOAH, party of the second part, (Grantor), and. GLENN E. RUSSELL, and JUDY S. RUSSELL, his wife, hereinafter. called RUSSELL, parties of the third part, and !HARRY F. EVANS, III and JOYCE M. EVANS, his wife, hereinafter called EVANS, (Grantor), parties of the fourth part and THOMAS E. EMBREY and MARION M. EMBREY, his wife, hereinafter called EMBREY, (Grantor) parties of the fifth part, and COUNTY OF FREDERICK., VIRGINIA, party of the sixth part, hereinafter called Grantee. WHEREAS, BROWNELL, caused a certain Deed of Subdivision and Dedication of Easement and Final Plat of Pembridge Heights, Phase III, dated June 19, 1990, recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 747, at Page 876; and, WHEREAS, SHENANDOAH owns a certain parcel of land, containing 18.426 acres, which was acquired from L. Franklin ::Seal, et ux, by deed dated November 2, 1982, of record in the aforesaid Clerk's Office in Deed Book 553, at Page 317 and which deed included an appurtenant 60 ft. ingress and egress easement as described in that certain deed dated December 1, 1976, from Francis P. Lages, et ux, of record in the aforesaid Clerk's 'Office in Deed Book 467, at Page 68; and, WHEREAS, finowNELL, purported to vacate the aforesaid access easement through. the dedication of the public right of way. (Price Drive) by the Deed of Dedication and Plat of record as 1. 5UL V, /ROCKMORTON a OL/W 'OHNEYS AT LAW UTH KENT 6,R EET HESTER, VIRUINIA aforesaid; and, WHEREAS, SHENANDOAH, desires to join in this instrument in order to vacate: its easement as depicted in a plat of record in the aforesaid.C.lerk's Office in Deed Book 467, at Page 68, and to :establish a public right of way 60 ft. in width (Price Drive), as shown on the plat entitled "Plat showing additional 5 ft. ,Streeet.Dedication Adjacent to Price Drive dated December 6, 1990, prepared by Joseph G. Paciulli, L.S., attached hereto'and :by this reference made a part hereof as if set out in full; and, WHEREAS, RUSSELL purchased Pembridge Heights, Phase III, !Lots 204 -211, inclusive, from BROWNELL, by deed dated July 11, 1990, of record in the aforesaid Clerk "s Office in Deed Book 748, at Page 210; and, WHEREAS, EVANS are the owner of Lot 206, Pembridge Heights, Phase III, as evidenced by deed of record in the aforesaid Clerk's Office in Deed Book 752, at Page 986, .and desire to .join in this instrument to grant. the above described easement. WHEREAS, 1MBREY are the owner of hot 204, Pembridge heights, Phase IIi, as evidenced by deed of record in the aforesaid Clerk's Office in Deed Book 753, at Page 1211, and desire to join Yin this instrument to grant. the above described easement. NOW, THEREFORE, THIS DEED OF VACATION, GRANT OF RIGHT OF WAY, AND DEDICATION OF PUBLIC ROADWAY WITNESSETH: That for 'and in consideration of the mutual benefits to be derived therefrom, the parties agree as follows: 1. SHENANDOAH does hereby vacate that easement granted by deed of record in the aforesaid Clerk's Office in Deed Book 467, at Page 68, in consideration of a 60 ft. public right of way 2 SCULLY, IOCKMORTON 6 GLAS6 IN6YE AT LAW KENT STREET i6TER. VIRGINIA ?JE6t BROTL TRUSTEE. BY: /6�LL� "`6 A 44EAL) MARK NELIS, •ice President dedicated to Frederick County as set forth in paragraph two hereafter. 2.. 13ROWNELL, SHENANDOAH, RUSSELL, EVANS and EMBREY, hereby dedicate to the Grantee that certain roadway designated Price •Drive as drawn by Joseph G. Paciulli, L.S., dated December 6, 1990, attached hereto and by this reference made a part hereof as if set out in full, and which dedication. is for a public roadway. 3; it is further mutually understood and agreed by the parties that the set back minimums will apply as to the original plat of record in Deed Bock 747, at Page 879 WITNESS t::he following signatures and seals: 3 SHENANDOAH UNIVERSITY BY: (SEAL) JAMES A. DAVIS, President FREDERICK COUNTY, VIRGINIA BY; (SEAL) Sin R. J Y 0. RUSSELL (SEAL) co) WAYNE MILLER, Subdivision Administrator IZ &SEAL) GLENN E. R SSELL (SEAL) (SEAL) HARRY F. EVANS, III (SEAL) JOYCE M. EVANS THOMAS E. EMBREY r., f ~1 11t q' F-: 4 W. err cO 4_ C) uR \fit /4:b itf U.l S 4 „1 e s Zc ilr II s' ge e ti Z 43 B t x d 2'4 wit II F co 0 3 -.209 a w 4 13,1924 o y 208 �r in AC r 4 11,4334:,P 4Pg d 3 n g_ w §z' J C r St co �s EX. TEMP TURNAROUND IE;:M +T d a z 0 211 EX, 16117343 a ro'GRAUING, UTILIUE.$ W DRAINAGE ESMT, Vr 180.60' M I 5 a STREE. EDCATION LV 1 M it; I 44%. \''F'.: k NOTE: ALL OTHER EASEMENTS `l r, SHOWN ON THIS PLAT ARE PREVIOUSLY RECORDED. `N: ti Cs' N /L: CARL r� 1 111 ..n0 Nv 7.0 IX `31.c:ls of <7 Q, LTD. ~i i'Ni::RSHf p' SHEET 2 OF 2 m 0 ,64043 •`4: o b i 431 g2. r 7 11, 436 d: 04e 4 0 40 a +t. 205 i II, 847th 1 O v s se 0 44'40' 1 E 125.70' N86'41'39 W 124.D1' 'CI 0.00 toa �A n VO R P OU �c Nl t60 R 'Op e2t F fT v) vis r t v) I.. t,_; :i t 'a I f C7 '1) F' .5 204 1; 300 o -EX GRADING UTILITIES in a DRAINAGE ESM "T. If PLAT SHOWING ADDITIONAL 5 STREET DEDICATION ADJACENT TO PRICE DRIVE PE=MBIZIDGE HEIGHTS PHASE .III REC. WOO. P0. SHAWNEE DISTRICT FREDERICK COUNTY, VIR&INIA SCALE, r• 100 DEC. 6, 1990 PACIULLI, SIMMONS i ASSOCIATES, LTD, 305 Harrison Street S.E., Suite 200, Leesburg, Virginia 22075 Telephone (703) 777 -2755 Metro 478 -8015 Engineers, Planners, Surveyors. Lanricranp Arrhi tar Jn BOOK 40 PAGE 68 THIS DEED made and dated this 1st day of December, 1976, by and between Francis P. Lages and Blanche A. Lages, his wife, parties of the first part, and L. Franklin Seal and Emily J. Seal, his wife, parties of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the said parties of the first part do hereby grant and convey unto the parties of the second part, their heirs and assigns, a right of way over and upon that certain strip or parcel of land sixty (60) feet in width, extending Northward from Harvard Drive and then curving Northwestward to the land of the parties of the second part as shown upon the plat attached hereto for the benefit of, and for ingress and egress to and from that certain tract or parcel of land contain- ing 18.426 acres, more or less, situated along the Eastern side of Interstate Highway No. 81, just East of Winchester, in Shawnee District, Frederick County, Virginia, which is owned by the said parties of the second part, which said right of way extends over and upon a portion of that certain larger tract or parcel of land that was conveyed to the said Francis P. Lages, et ux, by asa L. Rosenberger, by deed dated November 16th, 1947, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 203, page 134. It is mutually understood and shall be used and enjoyed in common by the parties of the first part, their heirs and assigns, and the parties of the second part, their heirs and assign: It is further mutually understood and agreed that in the event either of the parties hereto should desire to dedicate said right of way as a public street or thoroughfare, the other parties will join in any deed or other instrument of writing that may be necessary in order to accomplish and per- fect such dedication. As part of the consideration for this grant of right of ways of the second part covenant and agree that any subdivision or of said land, and /or sale of lots therein, shall restrict the to residential purposes only, and shall contain an additional that not more than one single family dwelling may be constructed the parties development use thereof restriction agreed that said right of way 1 i II on any lot therein. It is further mutually covenanted and agreed that in the event the parties of the second part should sell and convey said tract of land to any other person or persons the deed shall contain the privileges and re- strictions herein set forth. It is expressly stipulated, understood and agreed that Clevenger and Jane A. Clevenger, his wife, may have certain easements affect- ing the within described right of way in connection with their acquisition from the parties of the first part of a Lot containing 0.619 acre, more or less, by deed dated December 10th, 1970, and of record in the aforesaid that certain supplemental Clerk's Office in Deed Book No, 372, page 143, and record in said Clerk's Office agreement dated December 23rd, 1970, and of and that said parties of the first and in Deed Book No. 372, page second parts shall be awarded to said Frank 237, BOON 487 PAGE 69 equally responsible for Frank L. any damages that may be legally L. Clevenger and Jane A. Clevenger, their heirs and assigns, by a Court of competent jurisdiction, or by arbitration, arising from the use or improvement of said right of way by either, or both, of said parties of the first and second parts, Witness the following signatures and seals. State of Virginia County of Frederick, to- wit: I, Lao,- nUJ\1tJ a the County of Frederick, in the State of Virginia Francis P. Lages and Blanche A. Lages, his wife, 01/Wet: Francis P. Lage 4 14 Gi ./1A1 -(C (Seal) L. Franklin Seal ..(2 (Seal) (Seal) (Seal) Notary Public in and for do hereby certify that and L. Franklin Seal and Emily J. Seal, his wife, whose names are signed to the foregoing writing bearing date of December 1st, 1976, have personally appeared before me, in my County aforesaid, and acknowledged the same. Given under my hand this 1st day of December, 1976. 2, sa My commission expires BOOK 437 PACE 70 Vai3IN,A FRED.3;Ci{ CJJ:lfY, f• d d to me on the This instrument o wr111I day of r ro uce 9, wasp d ato? 3 M s meat thereto anne(0 wa d with certificate of a cknowld 4 3 c thereto 1 0 an '^'r Tar: mi sa o7 admitted to record. did, if a sessable. and 5J-54 have been p A 1 Clerk. �L �f TT I exi 'N. N. N, N. C ;Ex/5744161 1 1%3'7 .r.0 77 j o CD L •S.•1 42 7 SHENANDOAH UNIVERSITY TULANE DRIVE REZONING LOCATION MAP FREDERICK COUNTY, ViRC/Nl4 R Patton, Harris, Rust Associates, pc 117 E Picadilly St. Winchester, Virginia 22601 VOICE (540) 667 -2139 FAX: (540) 665 -0493