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HomeMy WebLinkAbout26-75 J Rhodes Marston - Backfilenn 306 PAff 1�11_5 to convey said property to the Grantees, that it has done no act to encumber said property, that the Grantees shall have quiet possession of said property free from all encumbrances, and that it will execute such further assurances of said land as may be requisite. WITNESS the following signatures and seals: FREDERICK DEVELOPMENT CO.., INC. P �'• A •c->3 L j BY r� ; ✓" hil4 . Glaize, Presid it FredL. _Glaize, Ill., Se-cretar� and Tieasurer STATE OF VIRGINIA OF 7f =t. fig , To -wit: Notary Public in and for the State and aforesaid., hereby certify that Philip B. Glaize, whose name is signed to the foregoing Deed bearing date the —day of March, 1965, has this day personally appeared before me and acknowledged the same. Given under my hand this clay of March, 1965. My Commission expires Notary Public V17GI'41A FREDE.�ICK COUNTY, SCT. (� T.h;b Instrum t � of writing was produced to me on the day of�`G'A at _ , and with certif' at of a wi©dpment thereto annexed was admitted co to rerd, � erk4 II Application for Variance FREDERICK COUNTY, VIRGINIA TO: THE BOARD OF ZONING APPEALS OF FREDERICK COUNTY The undersigned applicant —(is) (are) the owner —of the following described property: A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO. AND MADE A PART OF THIS APPLICATION. GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION. DIMENSIONS OF.SITE MUST BE GIVEN, In Shawnee Magisterial District The petitioner— request —that the said Board doth grant: A left side yard variance of five (5) feet to add a 17' x 42' carport, with storage -area, to left side of existing house. The applicant —make —this request because: Old R-2 zoning reguiresithe minimum side yard of each main structure shall be ten (10) feet and to total width of the two required side yard shall be twenty-five (25) feet or more. Septic tank is located to the rear of existing house. The person and (his) (her) (their) address owning and/or occupying adjacent pro- perty to the property sought to be affected (are) (is): (Give names of all owners adjacent, across the road or highway and facing the property and any owners across any railroad right- of-way from such property. In the event the property affected is situated at or within 100 feet of the intersection of any two or more roads or highways, at or within one hundred feet of the intersection of the rights -of -way of any two railroads, give names of property owners at all corners of any such intersection). Name Lot or tract �rjfr Mailing Address I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. 19� Applicant�-� Mai W6�'adoories 163 �A���dce 22�0 Telephone Number 61[ lfl-- I20S Subscribed and sworn to before me this —day of 19 7' / My commission expires s 192L Not E� �C The person and (his) (her) (their) address —owning and/or occupying adjacent pro- perty to the property sought to be affected (are) (is): (Give names of all owners adjacent, across the road or highway and facing the property and any owners across any railroad right- of-wayfrom such property. In the event the property affected is situated at or within 100 feet of the intersection of any two or more roads or highways, at or within one hundred feet of the intersection of the rights -of -way of any two railroads, give names of property owners at all corners of any such intersection). Name Lot or tract 47--2oS.s 1-9 -ILY1.51i 6&C-Ar_ k y Mailing Address 14. n• cv 11UL1 r r �.r%ruG� �• I/we hereby depose and say that all of the above statements and the statements contained in any exhibits transmitted are true. / -- 19 XS Applicant Telephone Number 64 /'— 20S'_ Subscribed and sworn to before me this_day of~�19 7� My commission expires s19,2—L — ? N Otta oa��7s"�3 � o � at-0 � � r^ vG 3 9 i 1 od6-7y.J/ � ge w YV-� 046-7s5- � #547 FREDERICK DEVELOPMENT CO., INC. TO DEID J. RHODES MARTSON SINGLE ET AL saw*a,awaawwwawwaairwawwaaw�******ww**«aw F I I BUCK 308 FXE G14 THIS DEED rrta;de aY{ tJtUl tla� Lay of March, 1965, by and between Frederick Development Co., Inc., a Virginia corporation, party of the first part, and J. Rhodes Marston, single,and Shelva Jean z- IMiller, single, parties of the second part. — z i _ WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations the receipt of all of which is hereby acknowledged, the party of the first part does hereby grant, bargain, sell and convey, with general warranty of title, unto the parties of the second part, jointly, with common law right of survivorship, it being intended that the part of the one dying should then belong to the other, his or her heirs or assigns, the following described property: rr All that certain improved lot of land fronting on the North side of Stafford Drive for a distance of 90 feet, designated as Lot 18, Section B, { ;:1 Frederick Heights Subdivision on a plat of said subdivision recorded in the Frederick County Circuit Court Clerk's Office in Deed Book 295, at page 314, and being a part of the property conveyed to the Grantor by deed of Philip B. Glaize, et al, dated August 16, 1962, recorded in the aforesaid Clerk's Office in Deed Book 281, at page 148. Frederick Heights Subdivision is located about one mile East of Winchester in the Shawnee Magisterial District of Frederick County, Virginia. Reference is here made to the aforesaid deed and plat and the reference therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enfor- ceable easements, rights of way and restrictions and particularly those restrictions contained in that certain Deed of Dedication recorded in the aforesaid Clerk's Office in Deed Book 295, at page 311, by this reference made a part, hereof as if set out in full. Except as noted above, the Grantor covenants that it has the rich l oa c ­) s_L Boa L;fts PAU 614-5 to convey said property to the Grantees, that it has done no act to encumber said property, that the Grantees shall have quiet possession of said property free from all encumbrances, and that it will execute such further assurances of said land as may be requisite. WITNESS the following signatures and seals: FREDERICK DEVELOPMENT CO.., INC. By__ y hrli . G aize, Presidoht Fred aize, creta and Treasurer STATE OF VIRGINIA OF To -wit: 1, ��„, �%. �»�to✓a Notary Public in and for the State and aforesaid, hereby certify that Philip B. Glaize, whose name is signed to the foregoing Deed bearing date the 12 �tUay of March, 1965, has this day personally appeared before me and acknowledged the same. Given under my hand this _:'day of March, 1965. My Commission expires ,-2/q6 i Notary Pub is VI?GIV(A FREDE.�'CK COUNTY, SCT. n hb Indrum t of writ np was produced to me an the day of � �L� 1 C Y 19 ^ V and with cart'} of of a wledpment'hereto annexed was o"n*d tI read. ark, Ga44,57,7 r y THIS DEED OF TRUST made and dated this I 1 day of March, 1965, by and between J. Rhodes Marston and Shelva Jean Miller, parties of the first part, and J. Sloan Kuykendallt�Cxx�4xC aFnnoheat�xxxX�ax and Henry H. Whiting of Frederick County, Virginia, Trustees, either of whom may act, parties of the second part. WITNESSETH: That for and in consideration of One Dollar ($1.00) cash in hand paid by the said Trustees to the parties of the first part, on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the parties of the first part do hereby grant and convey, with general warranty of title, unto the said Trustees, and their successors forever, the following real estate, to -wit: All that certain improved lot of land fronting on the North side of Stafford Drive for a distance of 90 feet, designated as Lot No. 18, Section B, Frederick Heights Subdivision on a plat of said sub- division recorded in the Frederick County Circuit Clerk's Office in Deed Book 295 at page 314, and being the same property conveyed to Grantors herein by deed of Frederick Development Co., Inc., bearing even date herewith and recorded in the aforesaid Clerk's Office immediately preceding the recordation of this trust. TO HAVE AND TO HOLD the property conveyed to the said Trustees and their successors forever. BUT UPON THIS TRUST NEVERTHELESS: To secure the holder thereof the payment of one negotiable note of even date herewith, drawn by the parties of the first part in the sum of Thirteen Thousand Dollars ($13, 000.00) payable to the order of Winchester Savings and Loan Association at its office in Winchester, Virginia, with interest at the rate of six (6) per cent, per annum and, to retire the above debt and interest agree to pay on the first day of each calendar month hereafter, (1) the sum of Eighty-three Dollars and Seventy-six Cents ($83.76), to pay, first the interest currently due on the above debt and the remainder thereof to apply as a credit to the debt due, until said debt and interest shall have been completely paid, and (2) one -twelfth (1 /12) of the annual taxes. Oa6-7s-Y AND FURTHER IN TRUST, to secure the payment of any money, .with interest thereon, advanced by the holder of the hereinabove described note to the parties of the first part or their successors in title at any time before the release of this deed of trust for any purpose to the extent that the amount advanced at any one time when added to the balance due on the original indebtedness and any prior advance, shall not exceed the amount originally secured by this deed of trust. This deed of trust is executed and is to be construed -in accordance with all the provisions of Sections 55-59 and 55-60 of the Code of Virginia, and all amendments thereto, except as otherwise provided herein. Advertisement required: A single publication of notice of sale at least ten (10) days before the date of sale in any newspaper of general circulation or published where the property is located. Commission of two and one-half percent (2-1/2%) of indebtedness due Trustees .if property advertised but indebtedness paid before sale. Right of anticipation reserved upon sixty (60) days written notice. Exemptions waived. Subject to all upon default. Insurance required against fire and other calamity in the amount of the original indebtedness secured hereby. All powers conferred by this deed of trust on said Trustees may be exercised by any one or all of said Trustees. The holder of the indebtedness secured by this deed of trust is hereby granted the power to appoint a substitute Trustee, or Trustees, in accordance with the provisions of Section 26-49 of the Code of Virginia in the event of the resignation, death, incapacity, disability, removal or absence from the State of a Trustee or Trustees; such substitute Trustee or Trustees shall be designated by instrument duly executed, acknowledged and recorded among the land records where the property is located and shall have the same powers as if originally named herein. -2- 6a c - 75--5 Witness the following signatures and seals: STATE OF VIRGMA, J. Rhode Marston Sholva jeq.11 TwHer (SEAL) (SEAL) OF To - wit: a Notary Public in and for the State and aforesaid, do hereby certify that j. pjl0cles Mlaraton .161va Joan DMIler, whose names are. signed to the foregq'A'*ng",-.'-.. deed of trust bearing date the dak� Of I March 1965 have acknowledged the same before me in my :State and aforesaid. My Commission expires Given under my hand this day of 1965.. Notary Public -3-