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HomeMy WebLinkAbout034-69 B. C. Kincheloe - BackfileX ##•iF#•Yr###3'r#if#•Yc###Yr#-Nr#OF####### 7#f 18 JOM R. CALDWELL., ET UX TO:' .: .. Di= BUEL C. KINCHELOE BOOK PAGE �.C); THIS DEED, made and dated this �tqyrj day of March, 1964, by and between John R.. Caldwell and Margaret 11. Caldwell, his P j' wife, parties of the first part hereinafter called Grantors, and Bue1 C. Kincheloe, party of the second part hereinafter �i called Grantee, WITNESSE°TH: That for and in consideration of the cash sun of Ten Dollars (010.00) and other valuable consideration, receipt whereof is hereby acknowledged , the Grantors do hereby it grant and convey with General Warranty of Title unto the Grantee, in fee simple, all of that certain tract or parcel !' of land situated at drmel, in Frederick County, Virginia, and bounded as follows: Beginning at a point on the Front Royal —Winchester Pike S 31 deg. 00' W 439 feet to a post, thence S 1 deg. 00' E 379. 5 feet to a post and stone, thence N 80 deg. 00' F 359 feet to i a point on the Front Royal —Winchester Pike, thence with the Front royal—.ri :chaster Pike North to the beginning, --nd being the same property conveyed to Francis P. Lages by deed of W. C. Brown, et ux, May 23, 1945, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 192, Page 523, except a conveyance dated February 16, 1950, to the Commonwealth of Virginia of 1.46 Acres, of which 0.31 was included in the then existing right of way and 1.15 of additional land, and recorded in the aforesaid Clerk's Office in Deed Book 216, Page 248. This deed is intended to convey only that parcel of land lying West of the Front Royal —Winchester Pike bounded by Newcome and H. D. Cornwell as shown on a plat dated May 1, 19413, by S. M. Boyd, Jr., Surveyor of Warren County, Virginia, and being a part of approximately twenty one (21) acres as shown on said plat. There is reserved however from this conveyance a strip of ten (10) Meet from the point marked post South to the point marked post and stone on said plat. This is the same property i I 11 conveyed to the Grantors herein by Deed dated the 13th day of I� February, 1961, fron Oztas D. Rt tter, et us, of record in said i ��y BOOK 2"" S PUCE 106 Clerk's Office tit Deed .Book 268, Page 528. Reference is made to the aforesaid deeds and plat for a more particular des— cription of the property herein conveyed and further dertvattoh L; o f t i tl e, This conveyance is subject to all conditions, restrictions, and reservations of record, covenants and limitations as may legally effect the sane. ,I i� The aforesaid Grantors covenant that they have the right ii to convey said property to the aforesaid Grantee; that said y� Grantee shall have quiet possession of said land, free from all liens and encumbrances; that they have done no act to ,j encumber said land; and that they will execute such further If assurances of title as may be requisite. ' Witness the following signatures and seals the first E �1 I I� dr, ti above written, (SEAL) /4' V John 1 . Ca we11 LT" dl;L�EA L Bar aret M. CaI67ellif 4j A TE F=UT 1TIA i COUNTY OF REDE:4ICK, to —wit: a Notary Public in and for the County of Frederick, State of Virginia, do hereby certify that John R. Caldwell and Margaret !f. Caldwell, his wife, whose names are signed to the foregoing writing bearing date the %day of Plarclt, 1964, have personally appeared before me in my State and County aforecdtd. Given under my hand thts �- day of March, 1964. Al c o m m t s s t o n expires t,•/�7_ Z „cf "" )4 /&,6/ - 7-1 Notary Public VIRGINIA FREDER'CK COUNTY, SCT. This instrument of writNg was producod to me on tho at ' , and wrath co%kct , f� to rocord. A' day a i q% �C flm-nt % eto ornexed wos admittod w� 6 �sN G ,may lel It -e- - a P E T I T I O N TO: FREDERICK COUNTY BOARD OF SUPERVISORS AND FREDERICK COUNTY PLANNING COMMISSION Comes now B. C. Kincheloe, owner of a certain tract or parcel.of land containing 3.433 Acres, lying and being situate on the Western side of U. S. Highway # 5220 at Armel, in Frederick County, Virginia, and says as follows: That your petitioner desires to have re -zoned Tract A containing 2.269 Acres, and being a portion of the larger tract, from Agricultural General to Business General, upon which tract he will construct a garage and salesroom for the repair of motor, vehicles, and the sale and repair of farm equipment and small garden and lawn tools, including mowers. Tract B will be later used as a residence of the petitioner. Across the highway, to the East of the property, is Armel's Store, a general store owned by your petitioner, and North of that is a restaurant -tavern. This re -zoning will be in the interest of proper zoning jpractice in the.location requested. M., . - _ _ 1 lRobort T. Mitchell, Jr. HALL M04411Ap A 104u Hall, Monahan and Engle AfTOM 'Ve A► LAW 31 South Braddock Street �E11111R0. VMWMA Winchester, Virginia M11NCN�tTM, WN�INtA Counsel for Petitioner Re B. By 03 L� I i ff613 # J0194 R . Cl MWELL, LT UX TO: :: :: D= # DULL C. KINCIILLAR # i 800,� 298 Put 9.0,9 THIS DEFD, made and dated this �t¢frtjday of !arch, 1964, by and between John R.- Caldvall and Hargaret M. Caldwell, his wife, parties of the first part hereinafter called Grantors, and Bue1 C. Kincheloe, party of the second part hereinafter called Grantee. WITI✓ESSETH: That for and in consideration of the cash sura of Ton Dollars (010.00) and other valuable consideration, receipt whereof is hereby acknowledged , the Grantors do hereby grant and convey with General Warranty of Title unto the �! Grantee, in fee simple, all of that certain tract or parcel of land situated at Arae1, in Frederick County, Virginia, ,I and bounded as follows: Beginning at a point on the Front Royal -Winchester Pike S 31 deg. 00' W 459 feet to a post, thence S 1 deg. 00' E 379.5 feet to a post and stone, thence N 80 deg. 00' E 359 feet to a point on the Front Royal -Winchester Pike, thence with the i jj Front Royal-.rtrchester Pike North, to the be innon g g, and being 11 the sane property conveyed to Francis P. Lages by deed of W. C. Brown, et ux, I -lay 23, 1945, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 192, Pai7e 525, except a conveyance dated February 16, 1950, to the Commonwealth of Virginia of 1.46 Acres, of which 0.31 was included in the then existing right of way and i 1.15 of additional land, and recorded in the aforesaid Clerk's Office in Deed look 216, Page 248. This deed is intended to convey only that parcel of land lying Best of the Front Royal-;➢tnchester Pike bounded by Newcone and H. D. Cornwell as shown on a plat dated Nay 1, 1943, by S. If If. Boyd, Jr., Surveyor of Warren County, Virginia, and being �I i a part of approximately twenty one (21) acres as shown on said I' plat. There is reserved however from this conveyance a strip !t of ten (10)'feet from the point narked post South to the point 1 ( narked post and stone on said plat. This is the sane properrty �i conveyed to the Grantors herein by Deed dated the 13th day of February, 1961, from Oaias D. Ritter, et ux, of record in said BON 30 PACE 106 ' I Clerk's Office in Deed Book 268, Page 528. Reference is made i to the aforesaid deeds and plat for a more particular des— criptton of the property herein conveyed and further derivation I Of title. I This conveyance is subject to all conditions, restrictions, and reservations of record, covenants and limitations as may legally effect the same. The aforesaid Grantors covenant that they have the right to convey said property to the aforesaid Grantee; that said Grantee shall have quiet possession of said land, free from all Itens and encumbrances; that they have done no act to encumber said land; and that they will execute such further j �I assurances of title as may be requisite. fitness the follrwtng signatures and seals the first IIdcte nbove written. ` (SEA L)I IC^ , V;ohn 1. Can well EAL ) 'far aret M. Cald ell MXIl.i __YTATTE—CF=. 11IA COUNTY OF "R%EEOERICKc,.,, toywii t: I, /CCCzr,�-0/� ,7/4�C(r, a Notary Public in and for f� the County of Frederick, State of Virginia, do hereby certify l that John R. Caldwell and Margaret 11. Caldwell, his wife, whose names are signed to the foregoing writing bearing date itthe,,Llt'day of March, 1964, have personally appeared before me in my State and County aforesaid.. Given under my hand this. day of March, 1964. j! My commission expires !I Notary Public it - r I1` VI3GINIA FREDER'CK CMN-TY, SCT. q�� ` This Irntrumrro of wriftne was producod to me on tho -ter— day a¢ i+t .Jtr � f (j (r of and vnih corfifi•at of a �arowkdpm•Nt J�rcto ormexod was admNfod to rocord. it t1 vIV �O J� QO �� ob � h0 P � TRACT "A" 2. �69 ACRES J i i D h Q M N m , N Y O CN O CZ o° ci z ,4 aC 0: wo oc o 0 o o o 0 Z N �Ao � 6 rq' fir TRACT "B" ' 1 o LOCATED AT 4' z VIRGINIA. c� THESE LOTS ARC CaypUZ,s- p SURVEY MADE BY QUBt'Tit�, DATED Q DEQCEMBER 171 1 5 RICHARD U. GOODE CERTIFIED SURVEYOR JUNE 110 1969. 1.164 ACRES S 77-45�00"w � 11� 34g 08 u AL O O C r O r r G1 A , V Ls It �74 (�) fi -I,, c �3 V b011 jo -?,-�I(,I �f �i -� 9E �f iE �(- iE 3f •iF •iF �E -� •iE iF •If -I(- •iF -� iF -� �F iF •k• �F •if� #�5�9 ETHEt M. KINCHELOE VIRGIL A. WILKINS, ET UX, 369 BMB.smb 7-17-74 3060 bCC•r 1��� 'r1�,E �3�i:� /,�h THIS DEED, made and dated this rL day of 19�r by and between ETHEL M. KINCHELOE, Widow, party the first part, hereinafter called the Grantor, and VIRGIL A. WILKINS and LILLIAN B. WILKINS, his wife, parties of the second part, hereinafter called the Grantees. 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 which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantees, in fee simple, jointly, as tenants by the entirety with right of survivorship as at common law, it being intended that the part of the one first dying should then belong to the other, his or her heirs or assigns, all of that certain lot or parcel of land, together with the improvement4 thereon and the appurtenances thereunto belonging, containing . 3.57 Acres, more or less, lying and being situate on the West sid of U. S. Route 522 in Opequon Magisterial District, Frederick County, Virginia, and more particularly described by survey drawn by Quentin R. Shortt, C. L. S., dated April 20, 1964, and revised December 17, 1965, attached hereto and by this reference made a part hereof as if set out in full, and by plat drawn by Lee A. Ebert, C. L. S., dated July 15, 1974, also attached hereto and prayed to be read as a part hereof described therein as follows: "Beginning at the nail and cap in the said Arc Line, a corner to the Lutz Land, running with the Northern Line of the said Land S 770 45' W - 358.19 Ft. to a corner to "B11; thence with the Eastern Line of the said Land N 040 00' 20" W - 371.79 Ft. to a jcorner in the Southeastern Line of the Claus Land (16.0 ft. Strip = j thence with the said Line N 300 11.' 50" E - 336.06 Ft. to the in the said Arc Line; thence with the said Arc Line 624.03 ),[CKfiF AND TiVTI-ZR �T*�•x*�• AT [ . pipe and being the same land conveyed to Buel the beginning", g MI"cr r.Tr r. v. X2001 Ft. •to 11 [•VTr C.r[Ilow .T11. [T I 370 ]JCKIKX V,D BUT" �TTo rrrf• �T -- TlV- 1360, a:3� 3-1U C. Kincheloe by deed dated March 24, 1964, from John R. Caldwell and Margaret M. Caldwell, his wife, of record in the Clerk's Office i of the Circuit Court of Frederick County, Virginia, in Deed Book 1 298, at Page 105, and being a portion of the same land devised to Ethel M. Kincheloe by Will of Buel Kincheloe, dated August 31, 1956, and probated in the aforesaid Clerk's Office on March 9, 1972, in Will Book 72, at Page 477. Reference is made to the .aforesaid plats, deed and will for a more particular description of the property hereby conveyed. Also shown on said plats is a certain 10 foot strip of land reserved by W. C. Brown by that certain deed dated May 23, 1945, to Francis P. Lages, et ux, of record in the v aforesaid Clerk's Office in Deed Book 192, at Page 523. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantor does hereby covenant that she has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrancest and will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: ETHEL M. KINCHELOE STAoTE OF VIRGINIAOP to-y1t. a Notary Public in and for the State and l 'l aforesaid, do hereby certify that ETHEL M. KINCHELOE whose name is signed to the foregoing Deed, bearing date off 19, , has personallyfappeared before me and aciCnow edged the same in my State and aforesaid. /��i5 i <'i 19 /'1 Given under.my hand this (4 day of My commission expires \ / °i A 7 G � NOT Y PUBLIC ,1 t 9 37 BOCK 432 Au K Z N .4(% 8 O all 4� J W'nU) oGO M� � 3'. 57 AG �t3l o .4 �, 3 3 e Ci � O Z d N! N u ci I O t C) , OI � , a: (A C)I O W� a4 ZQZ 3a�'0a, � u . �55.19 IGE�R�'E v• b M32a Parcel "A" of the above plat is a Calculation of the Land conveyed to Buel C. Kincheloe by Deed dated 24 March 1964 in Deed Book 298 Page.105. The Calculation is made from a Survey - which is to be Recorded with this calculated plat and description - made by Quentin R. Shortt (dated Dec. 17, 1965). The said Parcel "A" fronts the Western Highway Boundary Line - Arc Line - of the Front Royal Road, U. S. Pt. 522 - at Armel, in Brederick County, Virginias Beginning at the nail and cap in the said Arc Line, a corner to the Lutz Land, running with the Northern Line of the said Land S 770 451 W - 358.19 Ft. to a corner to "B"j thence with the Eastern Line of the said Land N 040 00' 20" W - 371.79 Ft. to,a corner in the Southeastern Line of the Claus Land (16.0 ft. Strip)j thence with the said Line N 300 111 50" E - ., ��L�1, QF/, 336.06 Ft. to the pipe in the said Arc Line j thence with the said Arc Line 624.03 Ft. to the o LF A. F T _ u beginning. CLH1iFICAT[ Containing - 3.57 Acres P ��484 S Calculated - July '15, 1974 T"�f✓ �� •"��`� '' 1•A-4 ti V`9'L"Ll FR DERICK COUNTY, SCT. Ties instrument of g was produced to mo on flea giddy of 19�(4 at :S`" and with cartificato of at!(*o-Nv-1)�g—_M'Or1t tharo.o -_nnCyX3dWa,5 adm tted to record. Tax unoosaby Sac. S3.S4.1 of l and 58-54 havo becn a �7 Q h 0 o � QCA5-7 e ' N � tT LTI Q14 'lIN R. SHORIT CEHIIF►CAIE No 0 fr S 1 1 4� - '�,�U LAND 8\30 Ole,- VAM/ ,�� QUENTIN R. SHORTT CERTIFIED LAND SURVEYC BOYCE, VIRGJNiA