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HomeMy WebLinkAbout152-74 Dr. Byron A. Brill - B-1 - BackfileL 0It CD L0 0 ]ECEIPT FOR CERTIFIED MAIL-30,;, (plus postage) SENT TO POSTMARK Dr. T . C . Powers OR DATE STREET AND NO. P.O., STATE AND ZIP CODE 1. Shows to whom and date delivered .. With delivery to addressee only ............ :EC RECEIPT 2. Shows to whom, date and where delivered .. 3. SERVICES DELIVER TO ADDRESSEE With delivery to addressee only ............ 8! ONLY ...................................................... 5( SPECIAL DELIVERY (extra fee required) ••. ••• ••• PS Form 3800 NO INSURANCE COVERAGE PROVIDED— Apr.1971 NOT FOR INTERNATIONAL MAIL (See other side) * GPO 1972 0 - 460-743 2. 3. 4. 5. STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see tronU If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) If you do not want this receipt postmarked, stick the gummed stub on the left portion of .he address side of the article, date, detach and retain the receipt, and mail the article. ,f you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. If you want the article delivered only to the addressee, endorse it on the front DELIVER TO ADDRESSEE ONLY. Place the same endorsement in line 2 of the return receipt card if that service is requested. Save this receipt and present it if you make inquiry. SENDER: Complete items 1 and 2. Add your address in the ''RETUR4 T ace un reverse. following service is requested (cheek o ). 1. Peshow to whom and date delivered--' ----- --- 15¢ Show to whom, date, & address of delive .. 350 DELIVER ONLY TO ADDRESSEE nd show to whom and date delivered------------ 65( DELIVER ONLY TO ADDRESSEE and show to whom, date, and address of delivery------------------------------------------------ 85c 2. ARTICLE ADDRESSED TO: Dr. T. C. Powers 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. 450605 i (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE / O I 4. DATE.bD�`L t l _ i-kLi pUG 5. ADDRESS (Complete only if requested) 6. UNABLE TO DELIVER BECAUSE: I N I /^, Ya GPO : IVA 0 - 527-803 U 9TLB Tl�S POST , e . ZA VUG, l B{1SIN PRIVATE �� t19b.7�,.0L3�9'T'1iYF1Ei71""•• � 1 3 A*NdEk NttTRU Print r� �ddr s, Ir"t lP Co+ ��- _ LMMAIL • e e' ms 1 arA! 2 reverse side. • Moisten gummed ends and y'ttach to back of article. r—■ u RETURN TO DEPARTMENT OF PLANNING E DEVELOPMENT CSQUARE WiNCHESTER, VA 22601 RECEIPT FOR CERTIFIED MAIL-305' (plus postage) SENT TO POSTMARK Dr. B A. Brill DATE . OR STREET AND NO. CD GM P.O., STATE AND ZIP CODE? ' ` 1974 OPTION l SERVICES FOR ADDITIONAL FEES • RETURN I. Shows to whom and date delivered .......... I5 With deliver to addressee onl RECEIPT y y ............ ' 2. Shows to whom, date and where delivered .. 35t SERVICES With delivery to addressee only 85# ' e ............ DELIVER TO ADDRESSEE ONLY ...................................................... 504 SPECIAL DELIVERY (extra fee required).......... •••••.........•••••• Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL o 110 : 1171 1 - 960-743 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the addles side of the article, leaving the receipt attached, and present the article at a post office service *indow or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date. detach and retain the receipt, and mail the article. 3. 0 you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want the article delivered only to the addressee, endorse it on the front DELIVER TC ADDRESSEE ONLY. Place the same endorsement in line 2 of the return receipt card if that service is requested. 5. Save this receipt and present it if you make inquiry. SENDER: Complete items 1 and 2. Add your address in the ''RETURN TOE' space on reverse. - 1. ae following service is requested (check one). Show to whom and date delivered----.-.----- 150 Show to whom, date, & address of delivery-. 35e DELIVER ONLY TO ADDRESSEE and show to whom and date delivered...---...... 65s ❑ DELIVER ONLY TO ADDRESSEE and show to whom, date, and address of delivery ............................................ 85c 2. ARTICLE ADDRESSED TO: Dr. B. A. Brill 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. 450603 I (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE r >4.- DATE OF_DEL�VER � ���� POSTMARK 5. ADDRESS (Complete only if requested) 6. UNABLE TO DELIVER BECAUSE: CLERK'S INITIALS e GPO : 1974 0 - 527- 803 UNITED STATES POSTAL SERVICE CCI�--�G \ , OFFICIAL BUSINESS ��J 4' ENALTY FOF ---- Lt TO AVOIT fAT111E11L SENDER INSTRUCTIONS , M � OF PO o I� Print your name, address, and ZIP Code in the spay low. • Complete items 1 and 2 on reverse side. 7Q (�. — • Moisten gummed ends and attach to back of article. RETURN TO t i DEPARTMENT OF PLANNING URT &E DEVELOPMENT WINCHESTER, VA 22601 RECEIPT FOR CERTIFIED MAIL-30c (plus postage) SENT TO Helen Powers Brill POSTMARK OR DATE C) STREET AND N0. , r C� V P.O., STATE AND ZIP CODE AUG \ ���� 4 OPTIONAL SERVICES FOR ADDITIONAL FEES t. Shows to whom and date delivered I RETURN .......... With delivery to addressee only ............ 5 RECEIPT 2. Shows to whom, date and where delivered .. 35� SERVICES With delivery to addressee only ........ 85d _ (� ,:. ,_;�.•, _.� DELIVER TO ADDRESSEE ONLY ...................................................... 504 0 SPECIAL DELIVERY (extra fee required)--- ............. Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— Apr. (See other side) 1971 NOT FOR INTERNATIONAL MAIL a CPO : 1972 0 - 460-743 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service widow or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want the article delivered only to the addressee, endorse it on the front DELIVER TO ADDRESSEE ONLY. Place the same endorsement in line 2 of the return receipt card if that service is requested. 5. Save this receipt and present it if you make inquiry. SENDER: Complete items t and 2. Add your address in the ''RETURN TO" space on reverse. IL 1. Thj� following service is requested (check one). L_J,( Show to whom and date delivered------------ 15¢ Show to whom, date, & address of delivery.. 35e DELIVER ONLY TO ADDRESSEE and show to whom and date delivered.----.----.- 65c DELIVER ONLY TO ADDRESSEE and show to whom, date, and address of deliver}• ---------------------------- - 85,i 2. ARTICLE ADDRESSED TO: Helen Powers Brill 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. 450604 i (Always obtain signature of addressee or agent) I have received the article described above. SIGNATURE 4. DATE OF DELIVERY���4 POSTMARK AUG`,,4 5. ADDRESS (Complete only if requested) 6. UNABLE TO DELIVER BECAUSE: CLERK'S INITIALS a GPO : 1974 0 - 527-803 UNITED STATES POSTAL SERVICE!-` ` - OFFICIAL BUSINESS C��v�V \� NALTY FOIE g�( - 2� l%E TO AVOID F'A�IGIERt�� SENDER INSTRUCTIONS �M ry OF POST Print your name, address, and ZIP Code in the spa glow. Zvi • Complete items 1 and 2 on reverse side. 79 i� ...........,,,, • Moisten gummed ends and attach to back of articlC r RETURN TO DEPARTMENT OF PLANNaNG &. DEVELOPMENT 9 COURT SQUARE WINCHESTER, VA 22601 k4*1 %60 ,;t kq q4 D-e L7�� ,7Y 5. It is proposed that the property will be put to the following use: 6• It is proposed that the following buildings will be constructed: skry b^:.k wr,,v- off' 5.21 b1 26" 7. It is proposed that the following setbacks and offstreet parking provisions will be made: G1 S 1�2G 14 1 Ir I G1 � v FCC' � : L C � � O .% .1 7 l� � ti � �u c ��(a 1 utC 1 YtiC E' 8. Attached is a copy of a Vicinity Map TO THE BOARD OF SUPERVISORS 4� g-4 k,-L4 ignature of Applicant C7. a 2 fC Address of Applicant This petition for rezoning property within the jurisdiction of the of was held on was received on , a public g -,tar1n , and the Planning Commission wishes to make the following recommendations to the Governing Body. c c ✓1.t n d L-1�i o uel- � P NNING C MIS N By 'i Secretary ACTION OF TH,- BOARD OF SUPERVIS RS ti On the Governing Body took the following action on the attached petition for rezoning:f'�►Q�G�C� N0..S-`— quIDATE 1 J Application for Rezoning... FREDERICK COUNTY, VIRGINIA TO THE PLANNING COMMISSION AND BOARD OF SUPERVISORS, FREDERICK COUNTY, VIRGINIA I (we), the undersigned, do hereby respectfully make application and petition the Governing Body to amend the Zoning Ordinance and to change the Zoning Map of as hereinafter requested, and in support of this application, the following facts are shown: 1. The property sought to be rezoned is located at between frontage of Street and side of the street and known as lot (s) Number feet and a depth of Street on the It has a feet. 2. The property sought to be rezoned is owned by: /1�'4eiev► 16we✓'s RP. I ) Am) C P- ft as evidenced by deed from 7&AlS �� C. POe.e e .� � Te VL6 AC S . IQCTW e rS recorded in Book Page'@!!L*,Registry of County of Frccitr:ck C) Q 3q 3. It is desired and requested that the foregoing property be rezoned A-Z FROM G-1- TO 4. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear, and the property in front of (across street from)the property sought to be rezoned: NAME (a) 'Dr. T. C• F)w%rs (b) Hetzh -Powers 92:11 (c) (d) (e) a& (f) '- (g) (h) (i) — STREET ADDRESS I3ox 695' Vy ; ne hes-ter . VA 22G Sf'r0slo4r� vA (Use reverse side if necessary and look up the names in the office of L in the Courthouse, if they are not known.) 11 OF /S,Z - 7y:-3 AND, cTAt ►. ON RT E#} 735 1 BEuc" Mr+RK = 100.00 AsSu+mv Toe v.D. N BAN C 1A I 2 C ol)TOUR T NTERVRL— E� = PROPERTY LiNea o�Z o C. J. RINKER, JR x V RTI"CATE NI" 5417.-3 (a) 01058.- T��,�O LAND gUa,�i 1 ECONOMIC IMPACT STUDY 1. Number of acres for Rezoning. A Cme s 2. Number of feet of highway frontage. 3. Number of Single-family homes. N/ a. Average lot size b. Average number of bedrooms 4. Number of Townhouses. a. Average lot size b. Average number of bedrooms 5. Number of ?apartments. ^///1 a. Average square feet b. Average number of bedrooms 6. Total density, units per acre. 7. Square feet of Commercial. ��c7os 5 a. Estimated number of employes 8. Square feet of Industrial. a. Estimated gallons of sewage per day b. Estimated number of employees 9. Number of Parking Spaces to be provided. l5. Sf�«ces 10. What services will you provide - in sruare feet or acres? 11. What County service will be required to serve this area? IA)III) l►I I ki I k It k P iI. 1141X �'1h WINCHESI ER, VIRGINIA 22601 ICKE I NO. I I ODE-I� I T_ 1 73 _ ! J �(�----(ll l-t�.� DL:SCRl PTION VALUE RATE: TOTAL TAX BRILL, F+f-Lf_N PCINFRS F> G.A. Z N�V -, .!6 ® OU ��4: x a• 340.,,,,I BQ,ILL, Mi LFN PPWERS £. C._ A. T MRS. C. A. EkILL STRASPURGi VA. I TOTAL TAX DUE PENALTY INTEREST TOTAL DUE 340.4C1 DATE DUE 0 ti I DOROTHY B. KECKLEY, TREAS. JiYi MY##Ai#%i%AfiYii4iii#%i%AiY#%AA%##i%YYAii##%Y% TUNSTAI L C. P01,1P;R5, ET TL;{ TO: :: DEED OF P!kRTITICr: h J IMEN POWERS ?3RILL, ET VIIi #iii%iiiii.#MYYiiY#%#%%%%YY%%M%%YR■#'A%#%Y#YYk%##Y �/I/ � • � 'wI ,� • / I THIS DEED OF PARTITION, -made and dated this3 / day of 19 by and between Tunstall C. Powers and Jeanne S. Powers, his wife, parties of the first part, and Helen Powers Brill and C. A. Brill, her husband, I ` parties of the second part. WHEREAS, Tunstall C. Powers and Helen Powers Brill, who are brother and sister, acquired certain lands in Opequon Magisterial District, I - Frederick County, Virginia, by intestate succession from Ella Rhodes Stickley Powers, their mother, who died August 28, 1935, and WHEREAS, Dr. E. B. Powers, their father, the surviving spouse of Ella Rhodes Stickley Powers did occupy and use said lands, with their consent, until September 26, 1953, when he also died, and I WHEREAS, Tunstall C. I'lowers and Helen Powers Brill do desire to j divide said property among themselves as agreed and evidenced by this D.:ed of Partition. I NOW THEREFORE WITNESSETH that for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by Tunstall C. Powers to the parties of the second part and also paid by Helen Powers Brill to the parties of the first part, and further in consideration of the premises and exchanges hereinafter made, the parties of the first part Jo hereby GRANT, BARGAIN, SELL and CONVEY unto Helen Powers Brill :he two following described parcels of land: 1. All of that certain parcel or tract of land together with all iuildings and appurtenances [hereunto appertaining, located approximately wo miles South of Stephens City on the East side of US Route 11 and on the vestern side of Interstate Highway 81, in Opequon ,Magisterial District, 'rederick County, Virginia, and designated as follows: I-,2--7y fir- 360 -�,: 24 V Beginning at a pipe in the eastern boundary of US Route 11 about 2.0 miles South of Stephens City, said point being in the southern boundary of the proposed 20 ft. right-of-way; thence with said right-of-way S 510 21' E 702.99 ft. to a pipe: thence with new lines with Powers Estate S 350 17' W 480.74 ft. to a pipe; thence S 490 35' E 256. 50 ft to a pipe; thence S 54" 35' 45" E 469. 12 ft. to a pipe in the western boundary of US Route 81; thence with said boundary S 390 50' 25" W 1,442.48 ft. to a right-of- way moil.; thence S 440 47' W 713.49 feet to a right-of-way moil. corner to Sticklev, in center of stream; thence with center of said stream and Sticklev's line N 520 09' W 88.04 ft. to a metal post; thence leaving said stream and continuing; with Sticklev's lines N 70 33' E 404.90 ft. to a pipe; thence N 490 25' 30" W 758.93 ft. to a 12" walnut: thence N 4a' 50' W 212. 16 ft. crossing a stream to a post set in concrete on the south bank of said stream: thence recrossing said stream N 280 46' E 378. 43 ft. to a pipe: thence N 390 58' W 271. 97 ft. to a pipe: thence N 110 35' E 104. 98 ft. to a post set in concrete; thence N 540 48' E 46.06 ft. to a pipe: thence N 300 14' E 85.60 ft. to a pipe; thence N 130 51' W 100.22 ft. to a pipe; thence N 700 :13' W 64.39 ft. to a chiseled "X" on limestone rock: thence N 380 16' W 97. 89 ft. to a pipe in the eastern boundary of US Route 11; thence with said boundary with a 5. 1790 curve to the right with an arc distance of 141.06 ft. to a pipe, chord bearing and distance to said curve being N 570 15' E 141.0E ft. ; thence N 590 08' E 399. 29 ft. to a pipe: thence N 660 56' E 351. 96 ft. to a concrete right-of-way moil: thence N Sl" 19' E 306.97 ft. to a concrete right-of-way mon: thence with a 1.9720 curve to the left with an arc distance of 410. 12 ft., chord bearing and distance of said curve N 54o 41' 30" E 409. 97 ft. to the point of beginning and containing 78.36 acres, more or less, as shown on the attached survey and plat by W. P. Whitmore, Certified land Surveyor, dated January 11, 1969, and by this reference made a part hereof. 2. All that certain tract or parcel of land containing 9.8 acres, more or less, located approximately 400 yards North of tract 1 above, said 9.8 acres being bounded on the northwest by US Route 11, on the southwest by State Route 735, on the southeast by Interstate Route 81, and on the northeast by State Route 843. And the parties of the first and second part do hereby GRANT, BARGAIN, SELL and CONVEY with General Warrantv of title unto Tunstall C. Powers all of their right, title and interest in the remaining portions of all lands, together with all buildings and appurtenances thereunto belonging,! which were acquired by Tunstall C. Powers and Helen Powers Brill by intestate descent from Ella Rhodes Stickley Powers, their mother, whose - 2 - eonK 360 PAC., 241 death occurred August 28, 1935, whether or not particularly described by this Deed. 3. One remaining portion hereby conveyed lying southeast of Interstate Route 81, is shown by the attached plat of October 11, 1969, prepared by W. P. Whitmore, Certified Land Surveyor, and more particularl described as follows: Beginning at an iron pin set on the West side of State Route 735 at a corner with Bertie Yates; thence witiphe said Yates' line and continuing with 11. W. Conner's line S 35 41' 40" W 1, 175. 89 ft to an iron };in set at a corner with Dr. John I-1. Milam; thence with the said Milam's lines S 430 31' 41" W 162.96 ft. to an iron Pill set: thence N 460 02' 28" W 1, 209. 43 ft. to an old marked leaning white oak tree; thence S 650 56' 46" W 97:3.31 ft. to an iron pin seta thence S 260 22' 41" W 800. 25 ft. to an iron pin set; thence N 58 52' 19" W 544. 50 ft. to an iron pin set; thence N 330 15' 41" W 807. 84 ft. to an iron pin set; thence N 170 06' 33" E 141.12 ft. to an iron pin set: thence N 400 01' 56" W 112. 81 ft. to a Virginia LApartment of Highways concrete monument located on the East side of Interstate Highway 81; thence with the said Inter- state Highway 81 in a northerly direction a scaled distance of 3, 690 ft. to State Route 735; thence with the said road in a southeast direction for a scale distance of 2, 940 ft. to the beginning. and containing, by scaling, 170 acres, more or less. 4. The other remaining portion hereby conveyed lying northwest of Interstate Route 81 between tracts 1 and 2 conveyed above unto Helen Powers Brill is described more particularly as being bounded on the northwest 5y US Route 11, on the northeast by State Route 735, on the southeast by Interstate Route 81, and on the southwest by the northeast line of tract 1 >etween Interstate Route 81 and US Route 11, as shown by the plat of anuary 11, 1969, prepared by W. 1). Whitmore, Certified Land Surveyor and attached hereto. Ella Rhodes Stickley Powers acquired all right, title and interest to he lands conveyed by this entire Deed by deed and devise from David 11. tickley, who executed his will April 4, 190R said will having been probated i lovember 15, 1913, in the Office of the Clerk of the Circuit Court of -3- 242 rCx 360 rnc' 242 Frederick County in Will Book 45 at Page 27; one hundred nincty-one (191) acres; more or less, of these described parcels of land was conveyed by David 11. Stickley, to Ella Rhodes Stickley Powers by Deed dated February 15, 1909, and recorded May 4, 1909 in the aforesaid Clerk's Office in Deed Book 130 at Page 295. It being the intent of the parties hereto that Tunstall C. Powers should acquire all right, title and interest of the parties of the first and second parts to all of the lands acquired by intestate descent from their mother, excepting the above described parcel I containing 78.36 acres, more or less, and parcel 2 containing 9.8 acres, more or less. Reference is made to those certain parcels of land described in that Deed of Partition dated May 1, 1871 and recorded in aforesaid Clerk's Office in Deed Book 89 at Page 357 by which David ,vl. Stickley acquired Lot No. 3 and Annie E. Stickley acquired Lot No. 1, and to that Deed of Conveyance from Annie E. i Sticklev to David M. Sticklev dated March 22, 1906 and recorded in the j aforesaid Clerk's Office in Deed Book 126 at Page 499. The amount to be conveyed by this Deed to the above grantees as tenants in common is also I minus the following out conveyances executed by predecessors in title: 1. Approximately 32.56 acres, more or less, conveved as indicated by the State highway Certificate recorded in the aforesaid Clerk's Office in Deed Book 290 at Page 54 which is confirmed by the Bureau of the highway Commissioner in a proceeding styled State highway Commissioner of Virginia v. T. C. Powers, et al, which is recorded in aforesaid Clerk's Office in Deed Book 327 at I',ige 501. 2. Approximately 27 acres, 2 roods, 9 poles, conveyed by a predecessor in title to Walter Yates by instrument dated November 18, 1916 and recorded on the same date in aforesaid Clerk's Office in Deed Book 139 j at Page 467. i 3. A 3 acre triangular parcel conveyed by a predecessor in title to j William S. Kline by instrument dated August 1;3, 1885 and recorded November 21, 1885 in aforesaid Clerk's Office in Deed Book 102 at page 42. I 4. Approximately 9 acres, 2 square poles conveyed by Ella I2. Powers and L. B. Powers, her husband, to W. L. Riggleman by instrument dated Uebruary 21, 1925, and recorded December 24, 1925, in aforesaid Clerk's Office in Iced Btxik 154 at page 127. - 4 - 243 rats . BOCK 360 PAGE 243 The above parcels of land are encumbered by various rights -of -way granted by them and by predecessors in title and are as follows: 1. A right-of-way to the C&P Telephone Company by instrument dated April 19, 1963, recorded April 29, 1963 in aforesaid Clerk's Office in Deed Book 288 at page 82, being adjacent to Route 735 between Route 11 and State Route 636. 2. A right-of-way granted to the Northern Virginia Power Company by instrument dated Mav 11, 1964, and recorded June 5, 1964, in aforesaid Clerk's Office in Deed Book 300 at page 153. 3. A right-of-way conveyed to the Northern Virginia Power Company by instrument dated December 26, 1939 and recorded in aforesaid Clerk's Office on May 8, 1940, in Deed Book 180 at Page 282. 4. An easement of right-of-way granted to the Shenandoah Gas Company by instrument dated October 19, 19-5. and recorded December 18, 1954 in aforesaid Clerk's Office in Deed Book 234 at page 365. 5. A perpetual easement of right-of-way through the Vause Farm by instrument dated March 16, 1850, recorded April 17, 1894 in aforesaid Clerk's Office in Deed Book 112 at Page 373. It would appear that this right-of-way is in addition to use of the Vause (sic) Farms spring and spring branch and the right to drive stock to the branch. Reference is made to the aforesaid deeds and wills for more particular descriptions. This conveyance is made subject to all duly recorded and enforceable i restrictions, easements and rights -of -way. All the parties hereto covenant that they have a right to convey the above described parcels of land and that the parcels are free from all liens and encumbrances except as provided above and each will forever warrant and defend the title thereto which he by this instrument conveys. WITNESS the following signatures and seals: (SEAL) Tunstall C. Powers t'< c (SEAL) Jeanne S. Powers - 5 - See, 360 Peer 244 / % 0`AI,) llclen Powers Brill '��y (SEAL) C. A. Brill STATE OF To -wit: �1C�-c-t� 1�•�' '� a Notary Public in and for the State and „ afo said,o hereby certifv that T'UnStall C. Powers and Jeanne S. R4ers,. its wife, whose nam s arc signed to the foregoing Iced of Partition dated the -duy of C4I,U-.-v l9±j nave this day personally appeared before me and acknowledged the same. Given under my hand this IL day ofo,,.G. L. 19 G j My Commission expires FZtar_-chi. I / Notary r6 ic i STATE OF ! O To -wit: ��' f4h,�rcS_yv, a Notary Public in and for the Stateand �� afo esaid, o ertify that I lelen Powers Brill and C. A. i Bril[,`her hu band, whose name( , �are signed to the foregoing Deed of Partition dated the � day of — , 19AI, have this day personally appeared before me and acknow'l`c�gcd the same. Given under my hand this day ,My Commission expires Notary4 I u 11s -6- 245 Is-;2- - 7x eooK 360 Fay: 245 f`3 P4Res "559, `358,"35�)01, Oak Li ©07 / 14 40 MOTC: ... ��• THE KEMgltilt.G 1 1 PLOTTED FKOt•i hcti:nl- �� ' � il -w�•.1 IA 1.12' s ::-. W F. 4vhlTt: 1 1 ~Z �3e�G1 TP M •��••'• •1'.v� r. o, Jv� `. \OTC, v 1 i1;EE:E WA<, / 1 Yf� PEED=. Otv'TKiSol i LR)E FEND POWt:x=-. P� %,�••= M►�H So+,Ntt_Y AGCEEO —J �-G..11it„�-:�:.�::":_:':.. �O P1�ACE TIAS LINE AT YNI= Pc51TtoN CJ C O (4) ::3^014 �; _ E35. 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Tr.% ImUum t f wifing was Protluc"(J to me on this at day or. and "'th ceri'f'cate " ack"0*1049ment thereto annexed was admitted to record. r. clerl'- A i' / 5-,?- - -77 To �TcPNeNs CITY'~" �, 10+60 ` ,r'• 1 CL i O0' 1 - �iCl r -1 z _ al 1,4h J � l AI 1' r 1 ?.LTH Oppt RINKER, A V C.ERTIF-ICATE No. ��Q 54-17.3 (a) 01058�J �, M4 s 0 CONTOUR MAP OF BYRON A. BRILL LAND, ET , 2 Mi. SOUTH OF STEPHENS CITY. VA. ON RTE` 7: rxw 482. 5 rJ p• ti. COLIC. M c, fit S�n •`l, N 1 OS — 104 M 5 -q4.OZ - 50�00 ZO" E 211.10' � r 0=V.o.H. Coac.Moa w � OD of p W J - W O 3 N4Sol O so I41. S�k ro.r a s• �� st't1 m f IcRa. 3 ? • L. e c Fk -T c-, HELEN P. BRILL AND C. A. BRILL CONVEY TO BYRON A. BRILL This parcel of land is located about 2 miles South of the Town of Stephens City and on the North side of State Route #735, in Opequon Magisterial District, Frederick County, Virginia, and its described by metes and bounds as follows: i Beginning at an iron pipe set on the North side of State Route #735 and a corner with Helen P. i lBrill's other land; thence with the said Brill's lines N 50° 00' 20" E 211.10 feet to an iron I pipe set; thence S 36° 13' 10" E 482.65 feet to an iron pipe set; thence S 50° 00' 20" W 141.14 feet to an iron pipe set in the Northern Right -Of -Way line of State Route #735; thence with the Northern Right -Of -Way lines of the said State Route #735 N 45° 10' 50" W 26.76 feet to a V.D.R. concrete monument found; thence N 47" 17' 00" W 200.07 feet to a V.D.H. concrete monument found; thence N 42° 18' 41" W 256.71 feet to the point of the beginning and containing 2.000 acres more or less. THIS PARCEL OF LAND WAS SURVEYED ON AUGUST 8, 1974, BY CARL J. RIMM JR., CERTIFIED LAND SURVEYOR. VARIANCE GRANTED BY : S16LTH o C. J. RINKER, V URTIOCATE No. 54-17.-3 (a) 01058�j �!�'�� LAND g��v� / Ste— 39 TUNSTALL C. POWERS, ET iJX TO: :: DEED OF PARTITIOr1 ,,, j +l , •-,�,�._• H MEN POWERS BRILL, ET VIR 4. 3"cr 229 i THIS DEED OF PARTITION, made and dated this3 / day of .tAl�-,.,c; , I 19 44 by and between Tunstall C. Powers and Jeanne S. Powers, his wife, parties of the first part, and Helen Powers Brill and C. A. Brill, her hushand, parties of the second part. WHEREAS, Tunstall C. Powers and Helen Powers Brill, who arc brother and sister, acquired I rtain lands in Opequon Magisterial District, Frederick County, Virginia, by intestate succession from Ella Rhodes Stickley Powers, their mother, who died August 28, 1933, and WHEREAS, Dr. E. 13. Powers, their father, the survivin" spouse of Ella Rhodes Stickley Powers did occupy and use said lands, 'with their consent, until September 26, 1953, when he also died, and WHEREAS, Tunstall C. 11bwers and Helen Powers Brill do desire to divide said property among themselves as agreed and evidenced by this Dced of Partition. I I NOW THEREFORE WITNESSETH that for and in consideration of the j sum of Ten EX)Ilars (SIO. 00) and other good and valuable consideration }said by Tunstall C. Powers to the parties of the second part and also paid by Helen Powers Brill to the parties of the first part, and further in consideration) �)f the premises and exchanges hereinafter made, the parties of the first part 3o hereby GRANT, BARGAIN, SELL and CONVEY unto Helen Powers Brill i :he two following; described parcels of land: 1. All of that certain parcel or tract of land together with all mildings and appurtenances thereunto appertaining, located approximately wo miles South of Stephens City on the East side of US Route 11 and on the restern side of Interstate Highway 81, in OpeCiuon Magisterial District, 'rederick Countv, Virginia, and designated as follows: %nr,K 360 6. 240 Beginning at a pipe in .the eastern boundary of US Route 11 about 2.0 miles South of Stephens City, said point being in the southern boundary of the proposed 20 ft. right -of --way; thence with said right-of-way S 510 21' E 702. 99 ft. to a pipe; thence with new lines with Powers Estate S 350 17' W 480.74 ft. to a pipe; thence S 490 35' E 256. 50 ft;' to a pipe; thence S 540 35' 45" E 469. 12 ft. to a pipe in the western boundary of US Route 81; thence with said boundary S 390 500 25" W 1, 442.48 ft. to a right-of- way mon.; thence S 440 47' W 713. 49 feet to a right-of-way mon. corner to Sticklev, in center of stream; thence with center of said stream and Sticklev's line N 520 09' W 88.04 ft. to a metal post; thence leaving said stream and continuing with Stickley's lines N 70 33' E 404. 90 ft. to a pipe; thence N 490 25' :30" W 758.93 ft. to a 12" walnut; thence N 45° 50' W 212.16 ft. crossing a stream to a post set in concrete on the south bank of said stream; thence recrossing said stream N 280 46' E 378. 43 ft. to a pipe; thence N 390 58' W 271. 97 ft. to a pipe; thence N 11° 35' E 104. 98 ft. to a post set in concrete; thence N 540 48' E 46.06 ft. to a pipe; thence N 300 14' E 85. 66 ft. to a pipe; thence N 130 51' W 100. 22 ft. to a pipe; thence N 700 :33' W 64.39 ft. to a chiseled "X" on limestone rock; thence N 380 16' W 97. 89 ft. to a pipe in the eastern boundary of 1'S Route 11; thence with said boundary with a 5. 1790 curve to the right with an arc distance of 141.06 ft. to a pipe, chord bearing and distance to said curve being N 570 15' E 141.08 ft. ; thence N 590 08' E 399.29 ft. to a pipe; thence N 660 56' E 351. 96 ft. to a concrete right-of-way mon; thence N 51" 19' E 306. 97 ft. to a concrete right-of-wav mon; thence with a 1.9720 curve to the left with an arc distance cf 410.12 ft., chord bearing and distance of said curve N 54° 41' 30" E 409. 97 ft, to the point of beginning and containing; 78.36 acres, more or less, as shown on the attached survey and plat by W. P. Whitmore, Certified land Surveyor, dated January 11, 1969, and by this reference made a part hereof. 2. All that certain tract or parcel of Land containing 9.8 acres, more or less, located approximately 400 yards North of tract 1 above, said 9. 8 acres being bounded on Elie northwest by US Route 11, o : the southwest by State Route 735, on the southeast by Interstate Route 81, and on the northeast by State Route 843. And the parties of the first and second part do hereby GRANT, BARGAIN, SELL and CONVEY with General Warranty of title unto Tunstall C. Powers all of their right, title and interest in the remaining portions c)f all lands, together with all buildings and appurtenances thereunto belonging,! which were acquired by "Tunstall C. Powers and Helen Powers Brill by intestate descent from Ella Rhodes Stickley Powers, their mother, whose - 2 - 241 1 eOnK 360 241 death occurred August 28, 1935, whother or not particularly described by this Deed. 3. One remaining portion hereby conveyed lying southeast of Interstate Route 81, is shown by the attached plat of October 11, 1969, prepared by W. 11. Whitmore, Certified Land Surveyor, and more particularly; described as follows: Beginning at an iron pin set on the West side of State Route 735 at a corner with Bertic Yates; thence with the said Yates' line and continuing with li. W. Corner's line S 35 41' 40" W 1, 175. 89 ft to an iron lain set at a corner with Dr. John 1-1. Milam• thence with the said Milam's lines S 430 31' 41" W 162.96 ft. to an iron pin set; thence N 460 02' 28" W 1, 209. 43 ft. to an old marked leaning white oak tree; thence S 650 56' 46" W 973. 31 ft. to an iron pin set- thence S 260 22' 41" W 800. 25 ft. to an iron pin set; j thence N 586 52' 19" W 544. 50 ft. to an iron :)in set; thencc i N 330 15' 41" W 807. 84 ft. to an iron pin set; thence N 170 06' 33" E 1.11.12 ft. to an iron pin set; thence N 400 01' 56" W 112. 81 ft. to a Virginia Department of Highways concrete monument located on the East side of Interstate Highway 81; thence with the said Inter- state Highway 81 in a northerly direction a scaled distance of 3, 690 ft. to State Route 735; thence with the said road in a southeast direction for a scale distance of 2, 940 ft. to the beginning, and ! containing, by scaling, 170 acres, more or less. 4. The other remaining portion hereby conveyed lying northwest of Interstate Route 81 between tracts I and 2 conveyed above unto Helen Powers Brill is described more particularly as being bounded on the northwest by US Route 11, on the northeast by State Route 735, on the southeast by E interstate Route 81, and on the southwest by the northeast line of tract 1 i )etween Interstate Route 81 and US Routc 11, as shown by the plat of anuary 11, 1969, prepared by W. 1). Wilitmore Certified La nd d Surveyor and ittached hereto. Ella Rhodes Stickley Powers acquired all right, title and interest to he lands conveyed by this entire Deed by deed and devise from David I1. tickley, who executed his will April 4, 190K said will having been probated lovember 15, 1913, in the Office of the Clerk of the Circuit Court of 242 InOK 3360 rr_ 242 Frederick Countv in Will Book 45 at Page 27; one hundred ninety-one (191) acres; more or less, of these described parcels of land was conveyed by Livid II. Stickley to Ella Rhodes Sticklcy Powers by Lxecd dated February 15, 1909, and recorded May 4, 190() in the aforesaid Clerk's Officc in L)�-,cd Book 130 at Page 295. It being the intent of the parties hereto that Tunstall C. Powers should acquire all right, title and interest of the Pal -tics of the first and second parts to all of the lands acquired by intestate descent from ! their mother, excepting the above described parcel 1 containing 78.36 acres, i more or less, and parcel 2 containing 9. 8 acres, more or less. Reference ' is made to those certain parcels of land described in that Dxd of lartition i dated May 1, 1871 and recorded in aforesaid Clerk's Office in Deed Book 89 at page 357 by which David M. Stickley acquired Lot No. 3 and Annic E. Stickley acquired Lot No. 1, and to that Deed of Conveyance from Annie E. Stickley to David M. Stickley dated March 22, 1906 and recorded in the aforesaid Clerk's Office in Deed Book 126 at Page 499. The amount to be i conveyed by this Deed to the above grantees as tenants in common is also minus the following out conveyances executed by predecessors in title 1. Approximately 32.56 acres, more or less, conveyed as indicated by the State Ifighway Certificate recorded in the aforesaid Clerk's Office in Deed Book 290 at Page 54 which is confirmed by the Bureau of the Highway Commissioner in a proceeding styled State lighwav Commissioner of Virginia v. T. C. Powers, et al, which is recorded in aforesaid Clerk's Office in Deed l3ook 327 at Page 501. 2. Approximately 27 acres, 2 roods, 9 poles, conveved by a predecessor in title to Walter Yates by instrument dated November 18, 1916 I and recorded on the same date in aforesaid Clerk's Office in Dued !3ook 139 at Page 467. i 3. A 3 acre triangular parcel conveved by a predecessor in title to i William S. Kline by instrument dated August 13, 1885 and recorded November 21, 1885 in aforesaid Clerk's Office in Deed Book 102 at page 42. 4. Approximately 9 acres, 2 square poles conveved by Ella R. Powers and E. B. Powers, her Husband, to W. L. Riggleman by instru11101t dated February 21, 1925, and recorded December 24, 1925, in aforesaid Clerk's Office in IXcd Book 154 at page 127. - 4 - 243 DOCK 360 P,ti-E 243 The above parcels of land are encumbered by various rights -of -way granted by them and by predecessors in title and are as follows: 1. A right-of-way to the C&P Telephone Company by instrument dated April 19, 1963, recorded April 29, 1963 in aforesaid Clerk's Office in Deed Book 288 at page 82, being adjacent to Route 735 between Route 11 and State Routd 636. 2. A right-of-way granted to the Northern Virginia Power Company by instrument dated May 11, 1964, and recorded June 5, 1964, in aforesaid Clerk's Office in Deed Book 300 at page 153. 3. A right-of-way conveyed to the Northern Virginia Power Company by instrument dated December 26, 1939 and recorded in aforesaid Clerk's Office on May 8, 1940, in Deed Book 180 at Page 282. 4. An easement of right-of-way granted to the Shenandoah Gas Company by instrument dated October 19, 195.. and recorded December 18, 1954 in aforesaid Clerk's Office in Deed Book234 at page 365. 5. A perpetual easement of right-of-way through the Vause Farm by instrument dated March 16, 1850, recorded April 17, 1894 in aforesaid Clerk's Office in Deed Book 112 at Page 373. It would appear that this right-of-way is in addition to use of the Vauce (sic) Farms spring and spring branch and the right to drive stock to the branch. Reference is made to the aforesaid deeds and wills for more particular descriptions. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights -of -way. All the parties hereto covenant that they have a right to convey the above described parcels of land and that the parcels are free from all liens and encumbrances except as provided above and each will forever warrant and defend the title thereto which he by this instrument conveys. WITNESS the following signatures and seals: (SEAL) Tunstail C. Powers t'� �.� (SEAL) Jeanne S. Powers - 5 - MO F?,,E 24,1 Ilclen Powers Brill .� SEAL C�A . Brill • STATE OF ✓�G�) c, ,ILtc0 F To 'IC �1'�'•�� a Notary Public in and for the State and (�;_„♦� afo •said, o hereby certify that Tunstall C. Powers and Jeanne S. flCters, v its wife, whose nam s are signed to the foregoing Deed of Partition dated the1 day of have this day personally appeared before me and acknowledged the same. Given under my hand this .2L day of -c�,� u 19 b I My Commission expires UCA� ,.4 . /.,Z - Z 9:7-,Z Notary Pubric I U STATE OF OF ,,L , To -wit: i a Notary Public in and for the State and ` af( esaid, o hereby certify that 11clen Powers Brill and C. A. i Brill, her husband; whose name are signecj to the foregoing Deed of Partition dated the 7/_ day of 19A have this day personally appeared before me and acknowledged the same. Given under my hand this , day o��,,,,��y 19 (c My Commission expires - -z Notary Pu is ri 245 KooK 360 race 245 'U T.C\y oak �►r-,�--�------ ., . V f ( U i U ' r;oTC: tZ.Bt' -A ,,, j 1� 1• 12• r 5 �. •., J� i" OV..1 �rYti r Zh 'DEEDS. ON'TK►S 1 L-MF- FNp POWER F.7 M%L-RNj S0kt1''t_q AG�:CEp -To Pt-NCE TKE LINE AT TKkz Pas►T►ont PLOTTED �KOt�I MHPs. 24i j C) cn 10 rl 1 1; 70 103b r)4 98 e% t i 0 v.": r 3 (4) wo 0 14 (5) 13051 .5 4 .3 12 rd -3 DO7517 ..rc 141 nee TO t to C, 6 •30, I 4L V: 9 • �.� - I n n . -on. :c tc .)•j°:1�.3�'''�- ^6 • i`•)� C:�i •.,l.:n " :" �n �j, '0! hid 11 ( �C����"� �2 ��l :)� (7\ i Ir. ^..-tOf:°.' -- i` r?ae c♦GUv� tr::ct of lard is located ^.0 Mil':3 .;oath of ?te : cr. amity or, t c eas;••Hn si2ie o_' :;�i:te 11 and on the r.^:stern si'.c oi' '- `.1 !n 17-f,ccoiint--, by z­._%tt-o ind moo' r.i3 a:-, fo_ lov, 'c • : nnln.; at a pipe in th,! tiou:lr11•11 of 'lo,;t^ ,11 :+tio::` ' 1c 3 o i 4C. h n f c ; C it:�# S t ld -Cint ;;C n- , In t::c -out::-rn ;o�lr.�9 +ry of z :.i•oj�osod ::0 ii1 �.t :,:,� J.:�ncc ►•:' h as S•:.-� - �.,, .,•3 Ad feet �to a air,^., th:3nce : ith ::cr: :'o-. crs st. ��5-1 r.. - 4 �..7 st CD t?:(;::cc �1(.-?5:: - ^5� .•`J�i fcA to ;:i:�c t::cnce '�_' - =69 1� .� - ��4 f to j:i c� �'•j 't� .. ;,_.,A in c c:c:,t: rr. bosun: ary of .i7l:te ,1, t!-Icnc! 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