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Home My WebLink About10-93 Conrad Sirbaugh - Gainesboro - Backfile (2)RECEIPT N" 023717 AMOUNT DUE 01 AMOUNT PAID s BALANCE DUE PAID BY CASH ❑ CHECK ❑ OTHER FREDERIG4\ P.O. BOX 601, 9 CL. WINCHESTER, VIRGINIA 22bUi RECEIVED FROM ADDRESS ' NNING AND DEVELOPMENT DATE THE SUM Of DOLLARS $ J 0• 0 DAY -TIMERS RE -ORDER No. 3221 — PNnled in USA DATE: TIME: NAME: '5190AOaH TAX MAP: 2.1 - A- i3 ZONING: 0 SUBJECT: W121" - Tn - PeM VIOLATION NO: PHOTOGRAPHER: R - L 1 L-L-EY AS: DATE: TIME: NAME: 51g-g"K ADDRESS: W. &Of3 TAX MAP: 21 -A " G ZONING: '( VIOLATION NO: PHOTOGRAPHER: F-• Ll LLEY r� r. 1 � +� ' + �% DATE: TIME: NAME: 5199Ay4 TAX MAP: 21 -A " 13 ZONING: VIOLATION NO: PHOTOGRAPHER: fZ• L- 1 L L£Y fire .-COPY COLJNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678r0682 MEMORANDUM TO: Finance Department Q�'FROM: Device Cather, Clerk Typist 'i l SUBJECT: Return Of Sign Deposit DATE: April 27, 1993 The amount of $25.00 was deposited in line item #10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Greg Groves 104 Van Buren Court Winchester, Virginia 22602 �,�bnard Sirbaugh 411416 I~iuh irig Ridge Mid Winchester-,., Virginia 22603 Please contact me if you have any questions. DRC/gll 9 Norlh Loudoun Strect P.O. Box 601 Winchester. VA 22601 Winchcstcr, VA 22604 FILE COPY • I April 21, 1993 Mr. C. H. Sirbaugh Route 2, Box 708 Winchester, VA 22601 Dear Mr. Sirbaugh: COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 This letter is to confirm action taken by the Frederick County Board of Zoning Appeals at their meeting of April 20, 1993. Your application #010-93 was approved for a 2397' variance from the allowable depth of 696' and a 426' variance from the allowable depth of 2514'. These two variances are required as a result of a reconfiguration of your property based on the maximum depth -to -width ratio of 4:1. This property is located on the east side of Route 608, south of Route 731, in the Gainesboro District, and is identified as GPIN'S 21 A-13A and 21-A-13B. If you have any questions regarding your variance, please do not hesitate to call this office. Sincerely, 5COM-�'� J�- /t" Ronald A. Lilley Planner II RAL/slk cc: L. Allen Ebert 9 North Loudoun Street P.O. Box 601 Winchestcr. VA 22601 Winchester, VA 22604 ! 0 LIVED CD w m a- 0 q4r CV QARENCE 09 6�2TNSPEGGY J. POST P' 754 OTHER LAND c 485.Ov51" W _ 486.51' N67•16 TRACT l 3. 4H A CRES WINCHESTER - FREDERICK COUNTY HEALTH DEPARTMENT FREDERICK COUNTY PLANNING DEPARTMENT TRACT I: FAMILY VARIANCE CHAPTER IB, ARTICLE I, SECTION I-2-3512 TRACT 2: BOUNDARY LINE ADJUSTMENT L N "ERT 1 (LICEN No. o. 1498 o �� svRVE'� ate. O N 4- Z� I ' S58'14'00" 4a Ld 135.15' i� a Q N IRON cD D IRON PIN FOUND S 62' 43, 56" E PIN - C4 Z % m Y O O ; IRON PIN 0' 435.05' ° � o N �� a 2 . TRACT 2 2 N I.- M a a cn_mom 2.398 ACRES N > � mI a LM ti o Co� o. S 580 ( 0 0" m 144.50' S 62. 27' 23" E - 476.71 .� j L IRON N `- IRON PIN FOUND OTHER LAND COUNTY OF FREDERICK 1.S.P0S'AGE��. COURTHOUSE COMMONS 2ND FLOOR t �:�.� 9 N. LOUDOUN ST. - P. O. BOX 601 �+ ��; APR WINCHESTER, VIRGINIA 22604 --,f t 40b,�'pr Ar Q'�hj Bruce D. Feltner h 9p9 5113 Lachawanna Street �} College Park, MD 20740 t "ETURN' TO SENDER *10 FORWARD ORDER ON FILE UNABLE TO-1 FE1RWHRE, • wu , i �rF�111 11 .I. I April 6, 1993 COUNTY of FREDERICK f Department of Planning and Development 703 / 665-5651 Fax 703/678=0682 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: L. ALLEN EBERT FOR CONARD H. SIRBAUGH VARIANCE APPLICATION # 010-93 FOR: a variance from the required width to depth ratio. This property is located on the east side of Route 608, south of Route 731 in the Gainesboro District, and is identified as GPIN's 21-A-13A and 21-A-13B. This variance application will be considered by the Frederick County Board of Zoning Appeals at their meeting of April 20, 1993, at 3:25 p. m.m in the board room of the old Frederick County Courthouse, Winchester, VA. Any interested parties having questions or wishing to speak may attend this meeting. Sincere 60,6 W. Wa Zoning WWM/slk WPA Miller ministrator 9 North LoWoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 i �► BZA REVIEW DATE: 4/20/93 VARIANCE #010-93 CONARD SIRBAUGH LOCATION: On the east side of Route 608 south of Route 731 MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 21-A-13A and 21-A-13B PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - residential and agricultural ADJOINING PROPERTY ZONING & USE: Zoning - RA (Rural Areas) Land use - residential, agricultural and vacant VARIANCE: Two variances are required as a result of a reconfiguration of the applicant's property, based on the maximum depth -to -width ratio of 4:1: a) 2397' variance from allowable depth of 696'; b) 426' variance from allowable depth of 25141. REASON FOR VARIANCE: The property is exceptionally long and narrow to begin with. The proposed reconfiguration would allow for an equitable distribution of the property among the applicant's children. STAFF COMMENTS: The Zoning Ordinance allows a maximum depth -to - width ratio of 4 to 1 in order to prevent the inefficient use of land that results from very long, very narrow lots. As stated, this property is exceptionally long and narrow to begin with. There are presently two small lots and one large, irregularly shaped lot. The proposed reconfiguration would provide one small lot and two large lots which are more regularly shaped. No additional dwellings would be allowed as a result of this adjustment. The depth -to -width ratio is primarily to prevent the several long, narrow lots that can result from a major rural subdivision (more than three lots created) rather than the occasional long, narrow lot created in a minor rural division. This reconfiguration does not seem to contribute to the inefficient use of land there. STAFF RECOMMENDATIONS: Approval. • page 1 of 5 APPLICATION FOR VARIANCE IN THE COUNTY OF FREDERICK, VIRGINIA yn -OFFICE USE ONLY- Variance Application No. Submittal Deadline 3 Zb 9 3 Submittal Date For the meeting of Fee Paid yes initials: Sign Deposit yes Sign Return Date: 1. The applicant is the owner 2. APPLICANT: 3. other X . (Check one) OCCUPANT: (if different) NAME: L. Allen Ebert NAME: ADDRESS 35 W. Boscawen St. ADDRESS: Winchester VA 22601 TELEPHONE: 703 667 3233 TELEPHONE: The property is located at: (please give exact directions) East side Va. Route 608, 1.080 ft. south of Va. Route 731. 4. The ppropperty has a road frontage of 1,204.32feet and a depth of 3,035.5 feet and consists of 64.256 acres. (please be exact) Note: depth is average; area is total of three existing tracts 5.' The property is owned by C. H. Sirbaugh as evidenced by deed from Elsworth J. DeHaven recorded (previous owner) in deed book no. 263 on page 392 registry of the County of Frederick. 6. Magisterial District: Gainesboro 0 s . ' Page 2 of 5 7. 21-Digit Property Identification No.: 8. The existing zoning of ,the property is: 21 - A - 13 RA 13A & 13B 9. The existing use of the property is: Residential & Agricultural i 10. Adjoining Property: USE ZONING North Res. & Agricult. RA East Vacant RA South Res. & Agricult. RA West Res. & Agricult. RA 11. Describe the variance sought in terms of distance and type. (For example - A 3' rear yard variance for an attached two car garage.) A division of the C. H. Sirbaugh land, and consolidation of the two portions with existing tracts, is proposed. The resulting tracts violate Section 165 - 56 - B, because the width -to -depth ratio is greater than 1:4. 12. List specific reason(s) why the variance is being sought in terms of: - exceptional narrowness, shallowness, size or shape of a specific piece. of property,or exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or the use or development of property immediately adjacent thereto 13. Additional comments, if any n LJ • page 3 of 5 14. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property for which the variance is being sought. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 21-digit number.) NAME Address 1361 Hunting Ridge Rd. Ervin R. Wilson Winchester VA 22603 Property ID# 20 - A - 53 Address 5115 Crittendon St. Joseph L. Horan Edmonston MD 20781 Property ID# 20 - A - 53A Address 112 S. Kent St. James E. Myers Winchester VA 22601 Property ID# 20 - A.- 53D Address 1367 Hunting Ridge Rd., William D. Griffith Winchester VA 22603 Property ID# 20 - A - 53E 1312 Hunting Ridge Rd. Roger A. Feltner Address Winchester VA 22603 Property ID# 20 - A - 56 Address 112 S. Kent St. James E. Myers Winchester VA22601 'Property ID# 21 - A Q 12 Address 1444 Hunting Ridge Rd. Clarence Mullins Winchester VA 22603 Property ID# 21 - A - 14 Address 1474 Hunting Ridge Rd. Richard A. Wright Winchester VA 22603 Property ID# 21 - A - 16 Address 12142 Stirrup Rd. Howard A. Pohn Reston VA 22091 Property ID# 21 - A - 18 Address 5113 Lachawanna St. Bruce D. Feltner College Park MD 20740 Property ID# 30 - A - 73 Address 12142 Stirrup Rd. Howard A. Pohn Reston VA 22091 Property ID# 31 - A - 1 ! 2.61993 i ,, page 5 of 5 VARIANCE # s AGREEMENT I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Zoning Appeals (BZA) to grant a variance to the terms of the Frederick County Zoning. Ordinance as described herein. I agree to comply with any conditions for the variance required by the BZA. I authorize the members of the BZA and Frederick Co. officials to go upon the property for site inspection purposes. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the BZA public hearing and maintained so as to be visible from the road or right -of -way -until the hearing. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICAN 14EI DATE 25 March 1993 SIGNATURE OF OWNER; DATE 25.March 1993 ,if other than applicant) iktrrvrue� i CGS ,.��C�. -i��-�-a.�,� -OFFICE USE ONLY- BZA PUBLIC HEARING OF APPROVAL DENIAL ACTION: - DATE - SIGNED : BZA CHAIRMAN DATE: �"' X"s 0 • 0 �C 3 0 1993 March 29. 1993 Department of Planning and Development P. 0. Box 601 9 North Loudoun St. Winchester, Va. 22601 Att: Ronald Lilley Regarding: Applying for a variance from the Board of Zoning The applicants are seeking a variance to allow for more efficient use of the land. Due to the narrowness, size and shape of the property it cannot be divided properly to allow adequate use of the water on the property. This would give both parties access to the creek and allow more efficient use of the land for transfer. The property has less width than depth by four or five times due to the way it was first aquired. The property is located in the Gainesboro district and zoned agriculture. The transfer is not intendea to be used for development but to be used for farming. Sincerely, Conard Sirbaugh, OWNER 0&M,►1t.,4bonnie Sirbaugh Livingston Daughter, David Livingston �? r �x.Sandra Sirbaugh DeHaven Daughter, 66L . 1 1 en DeHaven i 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 April 6, 1993 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: L. ALLEN EBERT FOR CONARD H. SIRBAUGH VARIANCE APPLICATION # 010-93 FOR: a variance from the required width to depth ratio. This property is located on the east side of Route 608, south of Route 731 in the Gainesboro District, and is identified as GPIN's 21-A-13A and 21-A-13B. This variance application will be considered by the Frederick County Board of Zoning Appeals. at their meeting of April 20, 1993, at 3:25 p.m., in the board room of the old Frederick County Courthouse, Winchester, VA. Any interested parties having questions or wishing to speak may attend this meeting. W. Way e Miller Zoning Administrator WWM/slk 9 North LOU(loun Strcct P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 is This is to certify thaOlthe attached correspondence was mailed to the following or April 6, 1993 from the Department of Planning and Development, Frederick County, Virginia: j <.0 A F'E:L..TNER, FiOGESf A. & PHYLLIS', / 'i A 1.3 .1.31.2 HUNTING Ft.il)GEL RD c3IRI'ALlGM, �(?,: H. !4 MADE._.' NE: B. W:CNCHE:j:3T'i:Fi, VA. Fk7' . 2 B '701H ; 260'.3-.. WINCH _ TERI VA. ."'- 260 i3 �� 1 A 21. A I)E+1AVE:N, SANI>F<A 18. & ALL..E:N E. wr . 2 BOX '706 WINCHESTE:F:, VA. A SII ECAUGH, E-40NN:I:E Ft. 21 R"r. . 2 BOX 10E3 WINC:HF-.87'E:F,, VA. i"I Y t::. i ;3F1 w:y �. MULL INS, CL AF' E.NC:E. I3D 1 444 HL)NTING RIDGE FU) W1 NCHE:S'T'F::R, VA. 0 A :`:,.3 W I L SON , E:F'. V I N Fi . & V I C)L.E:'T' L. R'T. 2 PDX 709 / WINCHEESTER, VA., 2260 J. F•IC)F<AN, JOSE:PH L. 20 !7iJ. i 5 C,FkT.'T" T'E:NDEN Ei:DMONSTON , MI) . A 53A ? 0'7 E3 I. -•• MYE RS , .JAME7,f i E: & M'AYE: ,OF:. A 112 SOU7'1•1 I<E::N'I' S>TFiEi:E:T WINCHESTER, VA '260S.-• C.F:IF'F-ITH, W:I LL_IAM D 1.367 HUNT' I NC: F'a I)GE" T•iI) WINC;HEST'E R, VA. 22603 STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta WF IcA- T, F�7:(::HARD A. RT . .2 kiC)X 59e W.'UNCHEST'ER, VA. POHN, HOWAFiI) A. 12142 :3'1'I:RF&)F' FiD. F:E:::iTC.)N, VA. 1'2 A 1A 2601. __ ;?1 `i3E Wayne Mi er, Z n ng Administrator Frederick C unty Dept. of Planning a Notary Public in and for the state and county aforesaid, do hereby certify that W. Wayne Miller, Zoning Administrator for the Department of Planning and Development, whose name is signed to the foregoing, dated April 6, 1993 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 6th day of April , 1993 . My commission expires on August 31, 1995 • ,!tY PUBLIC 0 0 L. Allen Ebert 35 W. Boscawen Street Winchester, Virginia 22601 30 A 73 FELTNER, DRUCE D. & VIOLA E. 1160 HUNTING RIDGE RD WINCHESTER, VA. 22603-- PAKA, GEORGE L A i 4412 GLENN ROS^ FAIRFAX, VA ST 22032--- Ervin R. Wilson 1361 Hunting Ridge Road Winchester, Virginia 22603 Richard A. Wright 1474 Hunting Ridge Road Winchester, Virginia 22603 Bruce D. Fe4tner 5113 Lachawanna Street College Park, MD 20740 page 4 of 5 • 15. Please use this page for your sketch of the property. Show proposed and/or existing structures on property, including measurements to all property lines. Please include any other exhibits, drawings or photographs with this application. EXAMPLE Adjoining Property YOUR PROPERTY Adjoininq Property a � j 1 T N tAddi lion t� ICL o -►I� Property Linei "--'-"----------------=Center of Road-------' Road SHOW THESE MEASUREMENTS See enclosed drawing for illustration of variance request. WITNESS the following signatures and seals: REVENUE STAMPS * • A.&LIS REYNOLDS (SEAL) $0.55 CANCELLED * LILLIAN M. REYNOLDS (SEAL) II N State of Virginia ;-County of Shenandoah, To -Wit: I, Jane B. Rupert, a Notary Public in and for the County and State aforesaid, do certify that A. Hollis Reynolds and Lillian M. Reynolds, whose ,names are signed to the foregoing deed bearing date on the 21st day of May, 1960, personally appeared before me in my said County and acknowledged the same to be their act and deed. My commission expires 12 November 1962. Given under my hand this 21st day of May, 1960. JANE B. RUPERT Notary Pubilc I was commissioned Jane B. Miller. NVIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 21st day of May 1960 at 12:15 P. M. and with certificate of acknowledgment thereto annexed was admitted to record, -_ )-� , (� �_ 'CLERK ! f, Z 6 #852 1 v ELLSWORTH J . DeHAVEN, ET UX TO :: :: DEED * `/ C. H. SIRBAUGH ET UX THIS DEED, made this 23 day of May, 1960, between Ellsworth J. DeHaven and Delora M. DeHaven, his wife, of the one part, hereinafter called the Grantors, and C. H. Sirbaugh and Madeline B. Sirbaugh, his wife, of the other LP part, hereinafter called the Grantees. V' WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt where- of is hereby acknowledged, the Grantors do grant and convey, with General Warranty of Title, unto the Grantees, as tenants by the entirety, in fee simple, with sur- vivorship as at common law, together with all rights, privileges and appurtenances I b thereto belonging, all that certain tract of land situate on the East side of Vir- 1 I ginia Secondary Highway No. 608, in Gainesboro Magisterial District, Frederick I! County, Virginia, and being more particularly described by a survey of Lee A. Ebert; i dated February 17, 1959, as follows: 7 I "Beginning at a post in the eastern boundary line of the Hunting �I I Ridge Road, a corner to the Etta DeHaven Kerns Land, running with a line of the said Land and continuing with a line of the Blanche S. DeHaven Land S 460 31' E - 2631.7 ft. to a White Walnut Tree on the western bank of Babbs Run, and continuing S 46° 31' E - crossing the said Run - 2862.4 ft., IN ALL, to a White Oak Tree corner to the said DeHaven Lend in a line of the George L. Baka Lend; thence with the said line S 000 12' E - 796.2 ft. to a set stone corner to the Edgar Marple Land; thence'', li with the two following lines of the said Land N 60° 32' w - 413.65 ft. - crossing Babbs Run - to a Maple Tree on the western bank of the said Run; thence N 570 27' b u� W - 2802.65 ft. to a post corner in the eastern boundary line of the Hunting Ridge p Road; thence with the four following boundary lines N 280 31' E - 193.1 ft. to a r1i 0 D 2 ro 11post; thence N 31° E - 177.1 ft, to a post; thence ft. to a I:post; thence N 320 34' E - 541•55 ft. to the beginning;" and being the same realty tconveyed to the Grantors by deed of Ernest T. Carper, et ux, dated April 29, 1959, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, �in Deed Book 257, at Page 222. The Granteesjoin join in this deed for the purpose of assuming and �do hereby assume that certain deed of trust from the Grantors to Vernon L. Duncan, i let al, Trustees, dated April 29, 1959, and recorded in the said Clerk's Office in Deed Book 257, at Page 225, to secure the sum of Six Thousand Five Hundred Dollars ($6,500.00) to Sumner G. Whittier as Administrator of Veterans Affairs, upon which „deed of trust there is a balance due of Six Thousand Three Hundred Sixty -One Dollars J; :and Three Cents ($6,361.03) with interest from April 30, 1960, until paid, and the Grantees hereby agree to pay the remaining unpaid balance and interest pursuant to i I;the terms of said deed of trust and the note secured thereby as a part of the con- f �sideration for this conveyance. I' This conveyance is made subject to the easements of record, if I!any, affecting the aforesaid realty. jThe Grantors covenant that they have the right to convey said I realty to the Grantees; that the Grantees shall have quiet possession thereof, free i from all encumbrances; that they have done no act to encumber said realty and that they will execute such further assurances thereof as may be requisite. i WITNESS the following signatures and seals: IIR rlvtflub STAMPS * ELL.SWORTH J. DEHAVEN (SEAL) $3.85 CANCELLED DELORA M. DEHAVEN (SEAL) C. H. SIRBAUGH (SEAL) MADELINE B. SIRBAUGH (SEAL) 'State of Virginia, l'County of Frederick, To -wit: I, Agnes P. Franklin, a Notary Public of and for the State and County aforesaid, do certify that Ellsworth J. DeHaven and Delora M. DeHaven, his wife, whose names are signed to the foregoing instrument,,bearing date on the 23th day of May, 1960, have acknowledged the same before me in my State and County afore- said. Given under my hand this 23 day of May, 1960. My commission expires September 19, 1961. AGNES P. FRANKLIN o ary c State of Virginia County of Frederick, To -wit: I, Agnes P. Franklin, a Notary Public of and for the State and County aforesaid, do certify that C. H. Sirbaugh and Madeline B. Sirbaugh, his wife, whose names are signed to the foregoing instrument, bearing date on the 23rd day of May, 1960, have acknowledged the same before me in my State and County aforesaid. Given under my hand this 23rd day of May, 1960. My commission expires September 19, 1961. AGNES P. FRANKLIN VIRGINIA Notary Public �FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 23rd day of May 1960 at 12:05 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. ,CLERK r i • _ . 26 60 C. H. SIRBAUGH TO: DEED OF GIFT BONNIE R. SIRBAUGH BK653fG8116 GGS/smb 7/10/87 THIS DEED OF GIFT, made this �� day of 1987, by and between C. H. SIRBAUGH, widower, hereinafter called I �l U' the Grantor, and BONNIE R. SIRBAUGII, dahghter of the Grantor, v hereinafter called the Grantee. , WITNESSETH: That in consideration of love and affection, the Grantor hereby grants and conveys, with general warranty and with English covenants of title, unto the Grantee, in fee simple, the following real estate, together with all improvements and 0 N appurtenances thereto belonging but subject to all easements and N legally enforceable restrictions and reservations of record ro c affecting such realty: W tr oP :` ." x D All of that certain parcel of land containing 0 3.411 acres, fronting the Southeastern boundary v line of Route No. 608, in Gainesboro Magisterial +' District, Frederick County, Virginia, designated as Tract 1 on a plat and survey of L. Allen Ebert, „ o L. S., July 2, 1987, which is a�EaTe9_Fiereto o c ° _dated andmade a part hereof by reference. This is a 3 0 portion of the same realty which was conveyed to the Grantor and Madeline B. Sirbaugh, his wife, with right of survivorship, by Deed dated May 23, 1960, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 263, at Page 392. WITNESS the following signature and seal: - L�. SIRBAUGI—(SEAL) C. H. ' STATE OF VIRGINIA, CITY/eeUNTY6 OF , to -wit: +" The foregoing instrument was acknowledged before me this - day of 1987, by C. If. Sirbaugh. , OIL 9 My commission expires �� 1 I'M SPUR. MCCANDUSH • ROCKWOOD ' A17e.wM AT U• 111MC11(87[6. VI..IMIA ' Notary Public • 0 p R6�od�� MAL26 3 � . GGS/smb 7/15/87 �Yl 6 p� , SMARR. MGCANDUSH ROCKWOOD At10.M[11{ AT LAW RINCHMM YI.41111A #5461 ! C. H. SIRBAUGH TO: DEED OF GIFT SANDRA S. DEHAVEN, ET VIR oa653FG849 THIS DEED OF GIFT, made this IL_�_day of , 1987, by and between C. H. SIRBAUGH, widower, hereinafter called the Grantor, and SANDRA S. DEHAVEN and ALLEN E. DEHAVEN, her husband, hereinafter called the Grantees. WITNESSETH: That in consideration of love and affectioi the Grantor hereby grants and conveys, with general warranty and with English covenants of title, unto the Grantees, in fee simple jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances thereto belonging but subject to all easements and legally enforceable restrictions and reservatiot of record affecting such realty: All of that certain parcel of land containing 1.840 acres, located Southeast of Route r1o. 608, in Gainesboro Magisterial District, Frederick County, Virginia, designated as "1.840 acre portion" of Tract 2, as shown on a plat and survey of L. Allen Ebert, L. S., dated Jul xx 2, 1987, which is a Cached hereto andmade'`a part hereof reference. This is a portion of the same realty which was conveyed to the Grantor and Madeline B. Sirbaugh, his wife, with right of survivorship, by Deed dated May 23, 1960, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 263, at Page 392. Tract 2, containing 2.398 acres, as shown on said plat and survey, is a composite survey of the land conveyed to the Grantees herein by Deed dated January 24, 1973, and recorded in said Clerk's Office in Deed Book 404, at Page 560, and the 1.840 acre portion of the land conveyed to the Grantor hereinabove. The lands comprising said 2.398 acres shall be deemed to be a single tract. WITNESS the following signature and seal: G . :�J ti rat o-1 c C. H. SIRBAUGH STATE OF VIRGINI,A1, CITY/eeUtM OF LV , to -wit: The foregoing instrument was acknowledged before me this _110%1, day of , 1987, by C. H. Sirbaugh. Flo r YJ B�2 it is 0 o E 6199i I