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HomeMy WebLinkAbout10-77 James R Wilkins Side Yard- Stonewall Meeting - Backfile0 by her last will and testament duly probated and of record in the aforesaid Clerk's' Office in Will Book No. 61, page 416, it being the purport and intent of this deed to convey all that portion of said larger tract lying on the Western side of said .Virginia State Secondary highway No. 656, less and excepting 22 acres, more or less, that was conveyed by the party of the first part to Leonard I. Walters et ux, by deed dated September 17, 1959, and of record in said Clerk's Office in Deed Book No . 259, page 469. The aforesaid Grantor covenants that he has the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free from all encwnbrances; that he has done no act to encwnber the said land; and that he will execute such further assurances of the said land as may be requisite. Witness to mark Virginia Ritter REE, UE STAMPS $24.85 CANCELLED Witness the following signature•and seal. his GEORGE W. X STUMP ( Sri AL) mark State of Virginia County of Frederick, to -wit: I, Virginia Ritter, a Notary Public in and for the County of Frederick, in the State of Virginia, do hereby certify that George W. Stump, widower, whose mane is signed to the foregoing writing bearing date of April 19th, 1960, has personally appeared before me, in my County aforesaid and acknowledged the same. Given under my hand this 21st day of April, 1960. My commission expires March 10, 1.964. VIRGINIA RI= Notary Public VIRGINIA, FREDERICK COUNTY,(SCT. , This instrument of writing was produced to me on the 21st day of April, 1960 at 2:30 P. M. and with certificate of acknowledgment thereto annex0d; was admitted to record. d/ „ 630 JAMES R . WILKINS, ET UX TO .. Dr) OF TRUST W. E. EDWARDS, TR. I niIS DEED OF TRUST made and dated this 19th day of April, 19602?, by and between James R. Wilkins and Mary B. Wilkins, his wife, parties of the first part, W. E. Edwards, Trustee, party.of the second part, and George W Stump, party of the third part. WITNESSETH: That for and in consideration of the sum of One Dollar (�1.00) cash in hand paid, the receipt of which is hereby acknowledged, the said parties of the first part, do hereby grant, sell-, and convey, with general warranty of title, unto the party of the second part, a certain tract or parcel of land containing 81 acres, mote or -less., together with all improvements and appurten- ances thereto belonging, lying and being situate along the Southern side of Vivginit- U. S. Highway No. 7, the Winchester -Berryville Pike, and the Western side of Virginia State Secondary Highway No. 656, about three miles East of Winchester, in Shawnee !District, Frederick County, Vir;-7inia, and being the same land that, was conveyed to F 0 0 21., 1y59, and recorded in the Cl.erkIs office of the Circuit Court of Frederick County, Virginia. Said Grantors covenant that they have a right to convey said property to the Grantees; that said Grantees shall have quiet possession of said land free from all liens and encumbrances; that they have done no act to encumber said land; and that they will execute such further assurances of said land as may be requisite. written: Witness the following signatures and seals this date above JOS . D . HUFFMAN LI;NA B . HUFFMAN ( SEAL) (SEAL) State of Virginia County of Frederick, I, W. R . Campbtll, a Notary Public in and for the County and State aforesaid, do hereby certify that Joseph D. Huffman and Lena 3. Huffman, his wife, whose names are signed to the foregoing and annexed writing, bearing date September 24 1959, have personally appeared before me and acknowledged the same in my County and State aforesaid. P4y commission expires Nov. 29, 1961. Given under my hand this 1st day of Feby., 1960. W. R . CA14PBELL Notary Public VIRGINIA FREJT ERICK COUNTY, (SCT . This instrument of writing was produced to me on the 21st day of April 1960 at 11:55 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. (n�� e•Lr ,CL=,. i(-if•-1F9k�E�F�(-�iE�E-!(-3E-)(-iE�E���E�F-k-�F�E-�-�EjF9(-�(--lf--If--�E�E __ _ #629 GEORGE W . STUMP � TO .. .. DEED JX,`ES R . WILKINS, ET UX betweenGe Mary B. `11iIS DEED made and data tnis 1_ytin udy Ul yNl 11, 1 ���, �, George W. Stump, widower, party of the first part, and James R. Wilkins and�1 g Wilkins, his wife, parties of the second part. `# r i WITNESSETH: That for and in consideration of the sum of Ten L'a Dollars receipt (10.00) cash in of all of which hand paid, and other good and valuable consideration, the is hereby acknowledged, the said party of the first part 1 11 does hereby grant, sell, second art ties of the s part, general warrant of title, unto the par- and convey, with gene d .� ointly and in equal proportions, their heirs and assigns } forever, a certain tract or parcel of land containing 81 acres, more or less, to - ,ether with all improvements and appurtenances thereto belonging, lying and being v j b of Virginia-U. S. Highway No. 7, the Winchester- �! situate along the Southern side 1 ville Pike, and the Western side of Virginia State Secondary Highway �10. 656, 3err Y � � about three miles East of Winchester, in Shawnee District, Frederick County, TJir- 1 � ginia, and being the Western portion of that certain larger tract or parcel of land'" that was conveyed to the :Late Jessie G. Stump by M. M. Lynch, Executor of Elizabeth:; A. Horsey, by deed dated May IT',1932, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 161-, page 19, and Stump by said Jessie G. Stump that was subsequently devised to the said George W. 0/6 -IF-y- I r _z U 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 Stonewall Magisterial District The pet ItIoner_request —that the said Board doth grant: ,� varia-bee c; I5 feet eombtned ' .from the present stde— tne re utrement o feet as shown on the attached h wht h covers to Sectton 2 of Shenandoah Hills Sub—dtviston whtch was estab tsie• tin 1962 to 174. However, no stdeltne .would be less than 10 _feet. The appli�ant_make_this request because: Lot -3 is 72 .feet w, bacn & front, b7 175 feet deep. The stdeltne requtrem�;nt establtshed Yn 19 2— 964 was of stdeltne on each stile and 25 feet front setback. Subseauentlu a new re ulatton ioas estab tshed re utrtn a feel, Thus would onlu leave 3-5 feet to build on which would neeesst a e locattng the home _lonowaus on the lot. The home would look odd, be J, ftcult sell,to r t t a e com latnts from neighbors whose hom,�s were built under the old regu attons. The lots are nQt e unless use btatn a variance on the stdeltne of 7-P feet on each side. The contract on thts lot wtil be canceled tf we cannot obtain a variance. Thts puts the present owners in a dtfftcult posttton as we have guaran— teed the santtatton authoritu 25 connecttons to Shenandoah uLlls. Ile plan on ful ftlltna this contract bu 4stng these 1nt,s and, Some husLness c:onneottons_ 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 Jd,nes Tucker 'nQktn^ 7-V. Lot or tract Mailing Address 65c, 13 S. _ — I/we hereby depose and say that all of the abov statements and the statements contained in any exhibits transmitted are true. J ",1� Development Corp.icant , Mailing address 13 S. Lo:�doun Street nche s tor, 'ra'. 226OI Telephone Number <62-7? 15 Subscribed and sworn to before me this�day of � >)< „19 99 My commission expires 19J �� Notary _ 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-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 Mailing Address 10 r. I.1we hereby depose and say that all of the abov. tements and the statements contained in any exhibits transmitted are true. 1= _ 19 I cant Mailing address - 7, Telephone Number Subscribed and sworn to before me this,�Jday of 19 � (J My commission expires 19=1 0 Notary_, ' O Z o • �s -�,, �. olf GE _— ___-_ -- � � �' ZL � � `ZL , v' z 1. o•LG ��, �o.001 t+ Y Y i S. �i Q � • 21, 1959, and recorded in the Clerk's office of the Circuit Court of Frederick County, Ui`=' Virginia. Said Grantors covenant that they have a right to convey said property to the Grantees; that said Grantees shall have quiet possession of said tl � land free from all liens and encumbrances; that they have done no act to encumber N said land; and that they will execute such further assurances of said land as may be requisite. Witness the following signatures and seals this date above written: SEAh)(I JOS. D. HUFFMAN ( ` I LENA B . HUFF MAN (S+) jl State of Virginia ;:County of Frederick, 6 I, W. R. Camphall, a Notary Public in and for the County and I� I'State aforesaid, do hereby certify that Joseph D. Huffman and Lana B. Huffman, his II j `wife, whose names are signed to the foregoing and annexed writing, bearing date September 24, 1959, have personally appeared before me and acknowledged the same i I!in my County and State aforesaid. b My commission expires Nov. 29, 1961. Given under my hand this 1st day of Feby., 1960. i �I W. R. CAMPBELL �IVIRGINIA 'FREDERICK COUNTY, (SCT. This instrument of writing was. produced to me on the 21st day of April 1960 at 11:55 A. M. and witl certificate of acknowledgment thereto annexedi was admitted to record. — I 11 GEORGE W. STUMP �!� TO :: :: DEED JAMES R. WIIKINS, ET UX I THIS DEID made and dated this 19th day of April, 1960, by and .� ('between George W. Stump, widower, party of the first part, and James R. Wilkins ands �pMary,B. Wilkins, his wire, 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 of the first part Ireceipt of all of which is hereby acknowledged, the said party 1, does hereby grant, sell, and convey, with general warranty of title, unto the par - !does ties of the second part, jointly and in equal proportions, their heirs and assigns I,forever, a certain tract or parcel of land containing 81 acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the Southern side of Virginia-U. S. Highway No. 7, the Winchester- , ! Berryville Pike, and the Western side of Virginia State Secondary Highway No. 656, I about three miles East of Winchester, in Shawnee District, Frederick County, r- ginia, and being the Western portion of that certain larger tract or parcel of 1 and Ithat was conveyed to the late Jessie G. Stump by M. M. Lynoh, Executor of Elizabeth ' r 1 2 and of record ' A. Horsey, by deed dated May '7, 93 , d in the Clerk's Office of the- ti.i Circuit Court of Frederick County, Virginia, in Deed Book No. 161, page 19, and that was subsequently devised to the said George W. Stump by said Jessie G. Stump _ -- j7- "�'-- �by her last will and testament duly probated and of record in the aforesaid Clerk's e 416 it being the purport and intent of,thls deed Office in Will Book No. 61, pag , 'to convey all that portion of said larger tract lying on the Western side of said i Highway No. 656, less and excepting 22 acres, more or less Virginia State Secondary ' that was conveyed by the party of the first part to Leonard I. Walters et ux, by , and of record in said Clerk's Office in Deed Book deed dated September 17, 1959�N �No. 259, Page 469. � The aforesaid Srantor covenants that he has the right to convey 1. the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free from all encumbrances; that he has done ro act to �Mencumber the said land; and that he will execute such further assurances of the said ' F be requisite. ,land as may q i'.• L ture� and seal. i Witness the following signs his Witness to mark GEORGE W. X STUMP (SEAL) mares , Virginia Ritter 4REVENUE STAMPS j $24.85 CANCELLED i.. !'State of Virginia !j County of Frederick, to -wit: l Public in and for the County of I, Virginia Ritter, a Notary i W. Stump, widows , f ,Frederick, in the State of Virginia,that George . g do hereby certify ,.I , 1960, has bear j v 1whose name is signed to the foregoing writing bearing date of April 19th ed the Same.ypersonally appeared before me,.in my County aforesaid and acknowledghh ...7_' tl rr Given under my hand this 21st day of April, 1960. y- U my commission expires March 10, 1964. VIRGINIA RITTER n Notary Pub c E e. VIRGINIA, r� (SCT . Fi�IDERICK COUNTY, ` r This instrument of writing was produced to me on the 21st day s a� b tof Apr11, 1960 at 2:30 P. M.'and with certificate of acknowledgment thereto annexAd„ 1 _ I'was admitted to record. rr 630 \\ 'JAMES R. WIIKINS, ET UX * <' b TO :: DE ) OF TRUST *. ''W. E. EDWARDS, TR. THIS DEED OF TRUST made and dated this 19th day of April, 1960, by and between James R. Wilkins and Mary B. Wilkins, his wife, parties of the first ` Y M part, W. E. Edwards, Trustee, party.of the second part, and George W. Stump, party II i . ,of the third part. Q' That for and in consideration of the sum of One � WITNESSETH. I f ' �AN the which. � ��Dollar ($1.00) cash in hand paid, receipt of whcis hereby acknowledged, the , \d first part, do hereby grant, sell, and convey, 1Isaid parties of the with general a , cel of "�warranty of title, unto the party of the second part a certain tract or P� ten - land containing 81 acres, more or less, together with all improvements and appur 1 and being situate along the Southern side of Virgini�r +antes thereto belonging, lying 1 the Winchester -Berryville Pike, and the Western side of Virgin a U. S. Highway No. 7, t i ;.• State Secondary Highway No. 656, about three miles East of Winchester, in Shawnee j1 I'Distriot, Frederick County, Virginia, and being the same land that was conveyed to 0to-77-6 Office Phone 662.7215 Home Phone 662-6607 James A. (Milts, CqnC. Home and Business Development 7 S. Loudoun St. - Winchester, Virginia 22601 Mr. Bill Riley Zoning Administrator Frederick County 9 Rouss Avenue iVt nches to r, 7t rgt nta 22601 Dear 9t l l : Reference is made to our previous conversations concerning variance on small lots approved by the Board of Supervisors prior to adoption of the present code. In accordance with your suggestion it is kindly requested that a sideline variance be grante on the enclosed in— dividual applications for Lot :-to L43, °`49, = 89, 7�q2if ;;=94, and �T"96 of Section 2 in Shertztndoah Hills. As ex— plained to the applications it would be extremely diffi— cult to build a house on these lots that will be compat— ible with the rest of the development. I am sure we would get many complaints if we located the houses side— ways on the lots. In addition they would be very dif— fLcuIt to sell. Apparently the only way we can gain relief from this situation is through the board of zoning appeals. The builders have purchased some of these lots but will tT.rn them back to us if we cannot obto.Ln a variance of the sideline restrictions. Ve have not asked for any variance on Lots that are over 75 feet wide. I wish to thank you and 2!r. 3erg for yo7ir help in this situation. i TT-r..1 +r ij 7f1 lIn71 JRIT: 11 f "ncIosures: 6 applications and plats for Lots :;.'r3, *49, ''=89, '92, L94, and ;L96 Enclosure: Check for each application D'E� 9-t%