HomeMy WebLinkAboutRosenberger Lots Lee Ebert - BackfileJohn R. Riley
PLANNING DIRECTOR
ZONING ADMINISTRATOR
ail
lre.berirh (funn#p
39cpar#ment of Ianning anb Pef dolmen#
m e m o r a n d u m
P. O. Box 601
9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
City of Winchester
, ATTN
Mr.
Givens
VA Dept. of Highways and Transportation
, ATTN
Mr.
R. C. King
Sanitation Authority
, ATTN
Mr.
W. Jones
Dept. of Inspections
, ATTN
M .
Carroll Brown
Zoning
, ATTN
r.
John T. P. Horne
FROM: John R. Riley, Director
Date
February
18, 1981
SUBJECT:
Review comments on Conditional Use Permit X Subdivision
Rezoning
Site Plan
We are reviewing the enclosed request by RosenbercTer Lots
or their representative Mr. Lee Ebert Will you please
review the attached and return your comments to me by as soon as possible
This space should be used for review comments:
- —M n 6 ze�r��
Signature
Date �!
IF
703/662-4532
I
f reberid fllonn#g
I-lepar#mEn# of 1hanning ttnd Pf6elopmen#
John R. Riley
PLANNING DIRECTOR P. 0. BOX 601
9 COURT SQUARE
ZONING ADMINISTRATOR m e m o r a n d u m WINCHESTER, VIRGINIA 22601
TO:
City of Winchester
, ATTN
Mr.
Givens
VA Dept. of Highways and Transportation
, ATTN
Mr.
R. C. King
Sanitation Authority
, ATTN
Mr.
W. Jones
Dept. of Inspections
, ATTN
Mr.
Carroll Brown
Zoning
ATTN
Mr.
John T. P. Horne
FROM: John R. Riley. Director
Date
February
18, 1981
SUBJECT:
Review comments on Conditional Use Permit X Subdivision
Rezoning
We are reviewing the enclosed request by Rosenberger Lots
Site Plan
or their representative Mr. Lee Ebert Will you please
review the attached and return your comments to me by as soon as possible
This space should be used for review comments:
Signature
7031662-4532
Date
i
John R. Riley
PLANNING DIRECTOR
ZONING ADMINISTRATOR
if reberirk Countg
rpartm.ent of 1hanning ttna pebelopmrnt
m e m o r a n d u m
P. O. BOX 601
9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
T0:
City of Winchester
, ATTN
/Mr.
Givens
VA Dept. of Highways and Transportation
, ATTN
Mr.
R. C. King
Sanitation Authority
AT07
Mr.
W. Jones
Dept. of Inspections
ATTN
Mr.
Carroll Brown
Zoning
, ATTN
Mr.
John T. P. Horne
FROM: John R. Riley, Director
Date
February
18. 1981
SUBJECT:
Review comments on Conditional Use Permit X Subdivision
Rezoning
We are reviewing the enclosed request by Rosenbercter Lots
Site Plan
or their representative Mr. Lee Ebert Will you please
review the attached and return your comments to me by as soon as possible
This space should be used for review comments:
The entire complex is served by a single sewer service connection to
Princeton Drive.
Under City policy, property that is divisible by sale must have separate sewer
connections, and if these lots are divided, this would not be the case.
This situation is further complicated by the fact that the City cannot make new
sewer taps to properties not adjacent to City sewer mains.
Accordingly, if the lots are divided, no sewer service would be available to one
of the lots unless appropriate arrangements are made with City Council's Utilities
Committee.
Signature Gd - Date
2
703/662-4532
John R. Riley
PLANNING DIRECTOR
ZONING ADMINISTRATOR
TO:
if rrbrrirh Conntp
i9Epartmrnt of Planning ancb prfrrlopment
m e m o r a n d u m
P. O. BOX 601
9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
City of Winchester , ATTN Mr. Givens
VA Dept. of
Highways and Transportation
ATTN
Mr.
R.
C. King
Sanitation
Authority
, ATTN
4r.
W.
Jones
Dept. of Inspections
ATTN Mr.
Carroll
Brown
Zoning
, ATTN Mr.
John T.
P. Horne
FROM: John R. Riley. Director
Date F hrua_ry
18.
1981
SUBJECT:
Review comments on Conditional Use Permit
Rezoning
X Subdivision
Site Plan
We are reviewing the enclosed request by Rosenberger Lots
or their representative —Mr. Lee Ebert Will you please
review the attached and return your comments to me by as soon as possible
---- �---
This space should be used for review comments:
Authority does not provide service in this area. Therefore,
we submit no comment.
Signature Date `e fB6 Al
703/662-4532
John R. Riley
PLANNING DIRECTOR
ZONING ADMINISTRATOR
TO:
.;XE1beXick Tiountp
F it#mEn# of lRanning Mnb Bg6dopmenf
m e m o r a n d u m
P. 0. Box 601
9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
City of Winchester , ATTN Mr. Givens
VA Dept. of Highways and Transportation , ATTN Mr. R. C. King
Sanitation Authority ATTN Mr W. Jones
Dept. of Inspections ATTN VMr. Carroll Brown
Zoning , ATTN Mr. John T. P. Horne
FROM: John R- Riley, Director Date Fehruary 18, 1981
SUBJECT:
Review comments on Conditional Use Permit X Subdivision
Rezoning Site Plan
We are reviewing the enclosed request by Rosenberger Lots
or their representative Mr. Lee Ebert 1. Will you please
review the attached and return your comments to me by as soon as possible
----// -----------
This space should be used for review comments:
Signature Date
03/662-4532
...
John R. Riley
PLANNING DIRECTOR
ZONING ADMINISTRATOR
Ito
.lreberirk (gountp
Epnr#m ut of lRanning anb pfraeloyment
m e m o r a n d u m
P. O. Box 601
9 COURT SQUARE
WINCHESTER. VIRGINIA 22601
City of Winchester
, ATTN
Mr.
Givens
VA Dept. of Highways and
Transportation ATTN VNir.
R. C. King
Sanitation Authority
ATTN
Mr.
W. Jones
Dept. of Inspections
ATTN
Mr.
Carroll Brown
Zoning
, ATTN
Mr.
John T. P. Horne
FROM: ___John R. Riley, Director
Date
February
18, 1981
SUBJECT:
6,
Review comments on
Conditional Use Permit X
Subdivision
Rezoning
We are reviewing the enclosed request by Rosenbercfer Lots
Site Plan
or their representative Mr. Lee Ebert Will you please
review the attached and return your comments to me by as soon as possible
<;�ee_ ZJZ41RI
This space should be used for review comments*
APPROVED
-,v
Signature Date
703/ 662.4532
2-19-81
i
SHEET I
RE -DIVISION - LOTS 1, 2 &3 OWNER
ASA L. ROSEN BERGER LOTS WARREN G. TEATES
MI LLWOOD PIKE - U.S. RT. 50 .711 D AVE.
SHAWNEE - DISTRICT
FREDERICK COUNTY, -VA. WINCHESTER, VA. 22601
LOCATION: . I
I'm \ 0
0
PURDUE
TULANE DRIVE No
0
VE
RT. 797 + —RT. 796
U.—S. R T. 50
'L
AFFRGVED BY:
F RE D E' R i Cit : C , T, r
Board of Supervisors __DATE
Planning Commission
(recommended) _DATE 'Subdivision Administrator D-Pt T E
VIROINIA Dept. of High -ways DATA, 19
'&PEARS 01111THI.S PLAT J'-i :'IT:;T:i
TH1S DIVTSION - A,
WITH THE in F' 0
'S coNsywr AND. 11 ALCM RDANCL i F
F RL
"7 �-V
THE 01.-;NFR OR AGE,v?r.
41
8 LEE A. F rnERT'--r_'
484 1 CERTIFY THAT THE LAND IN THIS RE -DIVISION IS THE LAND
0. CONVEYED TO WARREN G. TFATES BY DEED DATED 1 JANUARY
1972 IN DEED BOOK 389 PAGE 611.
r7ol
;J1
S - - E T 2
17
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TAURANT
''LDING
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S26047'08"W\.
r` 99.29' 3 W
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W z $ OFFICE
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N - LOT
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LOT 1-2-A
1.448
ACRES
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LOT I
LOT 2 a
2 3• Y
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40.00' � uj
• � J
LOT 2 Z -�
LOT 3 0
S 26047'Q8_" W u
6 5.00'
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D to In 0.977 ACRES
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N 26 47 0 8 E — 300.00
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PURDUE DRIVE - RT. 796
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. SH EET 3
The Accompanying Plat is a RE -DIVISION SURVEY of Lots 1, 2 and 3 -
Asa L. Rosenberger Lots - conveyed to Warren G. Teates by Deed date 1
January 1972 in Deed Book 389 Page6ll. The said Improved Land fronts the
Northern Highway Boundary Lines of U. S. Route 50, and lies in Shawnee
District, Frederick County, Virginia:
LOT 1-2-A - 1.440 ACRES: Beginning at a concrete highway monument
at the intersection of the Northern Highway Boundary Line of U. S. Rt. 50
with the Eastern Boundary Line of Route 797, running with the three
following Highway Boundary Lines S 460 51' 55" E - 140.99 ft. to a concrete
highway monument; thence with the Arc Line 16.99 ft. (Chord S 630 04' 26" E
16.99 ft.); thence S 630 12' 52" E - 11.20 ft. to a notch cut in the
concrete curb, a corner to Lot 3-2-A; thence with the five following Lines
of the said Land N 260 47. 08" E - 99.29 ft. to a railroad spike; thence
S 630 12' 52" E - 40.0 ft. to an iron pin; thence N 260 47. 0810E - 65.0 ft.
to an iron pin; thence N 630 12. 52" W - 40.0 ft. to an iron pin; thence
N 260 47. 08" E - 135.71 ft. to an iron pin in the Southern Line of the
College Park Subdivision Lots; thence with the said Line N 630 12' 52" W -
285.39 fto to an iron pin in the Eastern Boundary Line of Route 797;
thence with the said Line S 010 14. 41" W - 287.40 ft. to the beginning.
LOT 3-2-A - 0.977 ACRES: Beginning at an iron pin in the Northern
Highway Boundary Line of U. S. Route 50, a corner to Lot 4, running with
the Western Line of the said Land N 260 47. 08" F - 300.0 ft. to an
iron pin in the Southern Line of the College Park Subdivision Lots; thence
with the.said Line N 630 12, 52" W - 150.51 ft. to an iron pin corner to
Lot 1-2-A; thence with the five following Lines of the said Land S 260 47'
08" W - 135o71 ft. to an iron pin; thence S 630 12' 52" E - 40.0 ft. to
an iron pin; thence S 260 47' 08" W - 65.0 ft. to an iron pin; thence
r? 630 12' 52" W - 40.0 ft. to a railroad spike; thence S 260 47, 08" W -
99.29 ft. to a notch cut in the concrete curb in the
Northern Highway Boundary Line; thence with the said Line ,'j=,'`�'�
S 630 12' 52" E - 150.51 ft. to the beginning.
Surveyed - - February 11, 1981 LEC A. EBER
lx z U a
0
SHEET I
RE -DIVISION - LOTS I, 2 &3
ASA L. ROSENBERGER LOTS
MI LLWOOD PIKE - U.S. RT. 50
SHAWN EE DISTRICT
FREDER I CK COUNTY, VA.
LOCATION: \
OWNER
WARREN G. TEATES
711 M 1 LLWOO D AVE.
WINCHESTER, VA.22601
N
0
a
PURDUE
TULANE DRIVE Oo
o
RT.7�7m
RT.79a
U. S. R T. 50
i, ': RGVED BY:
FRr:DE:RIC'r
Hoard of. Suuervisors
Planning Commission
(recommended)
Subdivision Ad;c-,inistrater
VIRGINI". Dept. of Hic4hways
0
'?7iii;;
..�'":-...+}-�,""' '%LS ((. � f•;:.'[' � .) i , . _1 C(:� i'..� � ; (",I; �ti lT?' `I': , ; ;: ,. ti .. Or
�•,� `l I CERTIFY THAT THE LAND I`' THIS RE-DIVISIOhT IS THE LAND
a
Fxc��G"� `may CONVEYED TO WARREN G. TFATES BY DEED DATED 1 JANLJARY
1972 IN DEED BOOK 389 PA1.
g E T
'IQ�1
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LOT 1-2-A
00
n
1.448 N
J
ACRES
tp RESTAURANT
Lu
(.
/114k)
BUILOINGW0)p
/1(D 0) =LOT 1Q/LOT 2 a z
rJ � 0
ae
E' 11. 20' d l
_�S26"47'O8°W\ceJ S26'47'08"W
us
99.29' 3W o 135.71'
0 co = u N63012'52"W 3 lz463'I. 2'52' E
I u = 40.00 6 40. 00'
0 u LOT 2
Ll W Z8 OFFICE o 1 " LOT 3
N BLDG. S26_�:7OB W
u) 65.00T
�w_N� LOT 3-2 -A
L 0.977 ACRES
0 `n
fr_ N 26` 47'08"E — 300.00'
- - IRON PIN
0 PT. BEG. 3-2-A
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PURDUE DRIVE -RT. 796
+ SHEET 3
The Accompanying Plat is a RE -DIVISION SURVEY of Lots 1, 2 and 3 -
Asa L. Rosenberger Lots - conveyed to Warren G. Teates by Deed date 1
January 1972 in Deed Book 389 Page6ll. The said Improved Land fronts the
Northern Highway Boundary Lines of U. S. Route 50, and lies in Shawnee
District, Frederick County, Virginia:
LOT 1-2-A - 1.448 ACRES: Beginning at a concrete highway monument
at the intersection of the Northern Highway Boundary Line of U. S. Rt. 50
with the Eastern Boundary Line of Route 797, running with the three
following Highway Boundary Lines S 460 51' 55" E - 140.99 ft. to a concrete
highway monument; thence with the Arc Line 16.99 ft. (Chord S 630 04' 26" E
- 16.99 ft.); thence S 630 12' 52" E - 11.20 ft. to a notch cut in the
concrete curb, a corner to Lot 3-2-A; thence with the five following Lines
of the said Land N 260 47' 08" E - 99.29 ft. to a railroad spike; thence
S 630 12. 52" E - 40.0 ft. to an iron pin; thence N 260 47' 0811E - 65.0 ft.
to an iron pin; thence N 630 12' 52" W - 40.0 ft. to an iron pin; thence
N 260 47' 08" E - 135.71 ft. to an iron pin in the Southern Line of the
College Park Subdivision Lots; thence with the said Line N` 630 12' 52" 19 -
285.39 ft. to an iron pin in the Eastern Boundary Line of Route 797;
thence with the said Line S 010 14' 41" W - 2.87.40 ft. to the beginning.
LOT 3-2-A - 0.977 ACRES: Beginning at an iron pin in the Northern
Highway Boundary Line of U. S. Route 50, a corner to Lot 4, running with
the Western Line of the said Land N 260 47, 08" F. - 300.0 ft. to an
iron pin in the Southern Line of the College Park Subdivision Lots; thence
with the said Line N 630 12, 52" 'r; - 150.51 ft. to an iron pin corner to
Lot 1-2-A; thence with the five following Lines of the said Land 5 260 47'
08" W - 135.71 ft. to an iron pin; thence S 630 12' 52" E - 40.0 ft. to
an iron pin; thence S 260 47' 08" W - 65.0 ft. to an iron pin; thence
N 630 12' 52" l - 40.0 ft. to a railroad spike; thence S 260 47' 08" W -
99.29 ft. to a notch cut in the concrete curb in the
Northern Highway Boundary Line; thence with the said Line
S 630 12' 52" E - 150.51 ft. to the beginning.
Surveyed - - February 11, 1981 I t r A, c�,4
t:,'E
`? AD
�'
SHEET I
RE -DIVISION - LOTS It 2 &3
ASA L. ROSEN BERGER LOTS
MI LLWOOD PIKE - U.S. RT. 50
SHAWNEE DISTRICT
FREDERICK COUNTY,, VA.
LOCATION * \
OWNER
.WARREN G. TEATES
711 M I LLWOO D AVE.
WINCHESTER, VA. 22601
1-i
PURDUE
TULANE DRIVE
a
R
ve
41:4 T. 797
�m 4 RT. 794
/91U. S. R T. 50
il 1 i Rc' h D y
13-oard. of Sluuervisors li
d n n i n q Commis io n
(recotamendea)
sub(civi.lion Admi.nist-rater
V I RG , 11% 1 A De-, t f il i q I y s
U, 2 A. R T`�5�,o
�gqT!
P.4
A NTV
rllll.:a DIVISION A'!
W 1T �i T � f,,: .,:)A NCL
THE Gv;NER 0-k. A(
I.J.1%
s
0
I CERTIFY THAT THE LAND IN THIS RE -DIVISION IS THE LAND
CONVEYED TO WARREN G. TFATES BY DEED DATED 1 JANUARY
1972 IN DEED BOOK 389 PAGE 611
'0
u J
g - E T 2
P
LOT 1-2-A
M
(V
Z
00
N O N
c I m
�p RESTAURANT
BUILDINGRW
a
�D Z
�p 05 2 LOT I 'I
V/� �• -- LOT 2 ai
ti h O
1.20'
_'�S26'47'08°W\cz S26047'08u
r 99,29' 3� o 135.71'
(o o� N63"12'S2'W �'3 fa S6 °L2'52'E
I z � 40�- 40.00
PIN --
LOT 2
Lt1 Z8 OFFICE LOT 3
N B L G. S 26'47'OS" W
Ll.l 6 5.00'
�N� LOT 3-2 -A u'
a
0
Z 1.448
0
J
m
ACRES
O
In 0.977 ACRES —
N 26' 47'08"E — 300.00'
�`— IRON PIN
0 PT. BEG. 3-2-A
�j LOT 4
W
N \2
In
N 68 60
0
z (p
UUI N O
z
FL
1.Z
E7
N
PURDUE DRIVE - RT. 796
SH E E T 3
The Accompanying Plat is a RE -DIVISION SURVEY of Lots 1, 2 and 3 -
Asa L. Rosenberger Lots - conveyed to Warren G. Teates by Deed date 1
January 1972 in Deed Book 389 Page6ll. The said Improved Land fronts the
Northern Highway Boundary Lines of U. S. Route 50, and lies in Shawnee
District, Frederick County, Virginia:
LOT 1-2-A - 1.448 ACRES: Beginning at a concrete highway monument
at the intersection of the Northern Highway Boundary Line of U. S. Rt. 50
with the Eastern Boundary Line of Route 797, running with the three
following Highway Boundary Lines S 460 519 55" E - 140.99 ft. to a concrete
highway monument; thence with the Arc Line 16.99 ft. (Chord S 630 04' 26" E
16.99 ft.); thence S 630 12' 52" E - 11.20 ft. to a notch cut in the
concrete curb, a corner to Lot 3-2-A; thence with the five following Lines
of the said Land N 260 47. 08" E - 99.29 ft. to a railroad spike; thence
S 630 12. 52" E - 40.0 ft. to an iron pin; thence N 260 47. 0811E - 65.0 ft.
to an iron pin; thence N 630 12' 52" W - 40.0 ft. to an iron pin; thence
N 260 47' 08" E - 135.71 ft. to an iron pin in the Southern Line of the
College Park Subdivision Lots; thence with the said Line N 630 12' 52" W -
285.39 ft. to an iron pin in the Eastern Boundary Line of Route 797;
thence with the said Line S 010 14. 41" W - 2.87.40 ft. to the beginning.
LOT 3-2-A - 0.977 ACRES: Beginning at an iron pin in the Northern
Highway Boundary Line of U. S. Route 50, a corner to Lot 4, running with
the western Line of the said Land N 260 47. 08" F. - 300.0 ft. to an
iron pin in the Southern Line of the College Park Subdivision Lots; thence
with the.said Line N 630 12, 52" W - 150.51 ft. to an iron pin corner to
Lot 1-2-A; thence with the five following Lines of the said Land S 260 47'
08" W - 135.71 ft. to an iron pin; thence S 630 12' 52" E - 40.0 ft. to
an iron pin; thence S 260 47' 08" W - 65.0 ft. to an iron pin; thence
N 630 12' 52" W - 40.0 ft. to a railroad spike; thence S 260 47' 08" W -
99.29 ft. to a notch cut in the concrete curb in the
Y r .i: .:{ C► _
Northern Highway Boundary Line; thence with the said Line°"
S 630 12, 52" E - 150.51 ft. to the beginning.
Surveyed - - February 11, 1981 f
SHEET I
RE -DIVISION - LOTS 1, 2 &3 OWNER
ASA L. 'ROSENBERGER LOTS WARREN G. TEATES
MI LLWOOD PIKE - U.S. RI 50 7111 'M I LLWOO D AVE.
SHAW NEE DISTRICT
WINCHESTER, VA. 22601
FREDERICK COUNTY, VA.
LOCATION: \ 1
11
PURDUE
TULAME DRIVE
VE
RT. 797 4 RT. 796
U. S. R T. 50
A -ED Y:
Pl: RG,J B
FREDERIC!,',
Board. of Supervisors
Planning Commission.
(recommended)
Subdivision Administrator
VIRIGINIA Dept. of Highways
01,
THIS DIVISION - A;, AFI-E_ARS 0',14 THIS PLAT
F RL 0 'GRDA w -i OF
-E coNsr:,,N!rr IN ACC !qcr, 1TH T I l7c' DES! RlI_
THE 0M"'ER OR AGENr.
o LEE A. ELER
CERTIFICATE:
M 4 1 CERTIFY THAT THE LAND IN, THIS RE -DIVISION IS THE LAND
CONVEYED TO WARREN G. TFATES BY DEED DATED 1 JANUARY
LAI 1972 IN DEED BOOK 389 PAGE 611.
1
S r - E T 2
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to RESTAURANT
BUILDING
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co _'D N63°12'52"W NII 3
I v " 40.00 RON ,8
1- U
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LOT 1-2-A
un
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J
m
ACRES
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W
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= LOT
I LOT 2
S26°47'080 W
o z� 135.71'
Ma 56-- I.2'52'E
Z- 40.00'
LOT
_ LOT 2
S 26*47'08,,W LOT 3
6 5.00'
3- 2 -A
0.977 ACRES
1 0 I
IN 26 47 0 8 E — 300.00 %
�— IRON PIN
OO PT. BEG. 3-2-A
Uj LOT 4
W � ,
(V �2
In
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PUrRDUE DRIVE - RT. 796
co
" SH EET 3
The Accompanying Plat is a RF.-DIVISION SURVEY of Lots 1, 2 and 3 -
Asa L. Rosenberger Lots - conveyed to Warren G. Teates by Deed date 1
January 1972 in Deed Book 389 Page6ll. The said Improved Land fronts the
Northern Highway Boundary Lines of U. S. Route 50, and lies in Shawnee
District, Frederick County, Virginias
LOT 1-2-A - 1.448 ACRES: Beginning at a concrete highway monument
at the intersection of the Northern Highway Boundary Line of U. S. Rt. 50
with the Eastern Boundary Line of Route 797, running with the three
following Highway Boundary Lines S 460 51' 55" E - 140.99 ft. to a concrete
highway monument; thence with the Arc Line 16.99 ft. (Chord S 630 04. 26" E
16.99 ft.); thence S 630 12. 52" E - 11.20 ft. to a notch cut in the
concrete curb, a corner to Lot 3-2-A; thence with the five following Lines
of the said Land N 260 47. 08" E - 99.29 ft. to a railroad spike; thence
S 630 12' 52" E - 40.0 ft. to an iron pin; thence N.,260 47' 0811E - 65.0 ft.
to an iron pin; thence N 630 12- 52" W - 40.0 ft. to an iron pin; thence
N 260 471 081' E - 135.71 ft. to an iron pin in the Southern Line of the
College Park Subdivision Lots; thence with the said Line N 630 12' 521, W -
285.39 ft. to an iron pin in the Eastern Boundary Line of Route 797;
thence with the said Line S 010 14. 41" W - 287.40 ft. to the beginning.
LOT 3-2-A - 0.977 ACRES: Beginning at an iron pin in the Northern
Highway Boundary Line of U. S. Route 50, a corner to Lot 4, running with
the Western Line of the said Land N 260 47, 08" E - 300.0 ft. to an
iron pin in the Southern Line of the College Park Subdivision Lots; thence
with the.said Line N 630 12, 52" W - 150.51 ft. to an iron pin corner to
Lot 1-2-A; thence with the five following Lines of the said Land S 260 47'
08" W - 135.71 ft. to an iron pin; thence S 630 12' 52" E - 40.0 ft. to
an iron pin; thence S 260 47. 08" W - 65.0 ft. to an iron pin; thence
N 630 12' 52" 1-1 - 40.0 ft. to a railroad spike; thence S 260 47' 08" W -
99.29 ft. to a notch cut in the concrete curb in the
Northern Highway Boundary Line; thence with the said Line � 'r
o
S 63 12' 52" E - 150.51 ft. to the beginning.
Surveyed - - February 11, 1981 C' LFFE A' ERFR! Y
0
SHEET I
RE -DIVISION - LOTS It 2 &3
ASA L. ROSENBERGER LOTS
MI LLWOOD PIKE - U.S. RT. 50
SHAWNEE 'DISTRICT
'FREDERICK COUNTY, .-VA.
LOCATION.: \
OWNER
WARREN G. TEATES
711 M I LLWOO D AVE.
i
WINCHESTER. VA. 22601
r!.
PURDUE
TULANE DRIVE
a
VE
RT!7 7_RT. 796
/� �E
U. S. R T. so
APit'RGVED BY:
FRLDERI(.7E. CAJ T!, ' IT' ' '
Board of Supervisors
Planning Commissic)nL
(recommended)
Subdivision Administrator
VIROINIA Dept. of Highways
DATE.
THIS DIVTSION- A:; F1f- RS 011TI,S Li-1 'I ISI 'Ti cii. R ' F E RDMICE WITH Tkic', DE'S I i R F, Ur
L Il', %C(,Y,-
THE O1KTll'FR OR AGE'Nr.
ell
o
L E E A FIBE R T
QVZTlF)CAj'F
484 1 CERTIFY THAT THE LAND IN THIS RE -DIVISION IS THE LAND
0- A. CONVEYED TO WARREN G. TEATES BY DEED DATED 1 JANUARY
LA, 1972 IN DEED BOOK 389 PAGE
g ' E T 2
vJ�
t` o
2�1 • Act
LOT 1-2-A
Z 1.448
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ACRES
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I = 40.00 IRON 40.00'
Pis —
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W z 8 �FFICEL�G. S 26o4% "08 WLOT 3
W N — 6 5.00'
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0.977 ACRES —
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The Accompanying Plat is a RF,-DIVISION SURVEY of Lots 1, 2 and 3 -
Asa L. Rosenberger Lots - conveyed to Warren G. Teates by Deed date 1
January 1972 in Deed Book 389 Page6ll. The said Improved Land fronts the
Northern Highway Boundary Lines of U. S. Route 50, and lies in Shawnee
District, Frederick County, Virginia:
LOT 1-2-A - 1.448 ACRES: Beginning at a concrete highway monument
at the intersection of the Northern Highway Boundary Line of U. S. Rt. 50
with the Eastern Boundary Line of Route 797, running with the three
following Highway Boundary Lines S 460 51' 55" E - 140.99 ft. to a concrete
highway monument; thence with the Arc Line 16.99 ft. (Chord S 630 04' 26" E
16.99 ft.); thence S 630 12. 52" E - 11.20 ft. to a notch cut in the
concrete curb, a corner to Lot 3-2-A; thence with the five following Lines
of the said Land N 260 470 08" E - 99.29 ft. to a railroad spike; thence
S 630 12. 52" E - 40.0 ft. to an iron pin; thence N 260 47. 0811E - 65.0 ft.
to an iron pin; thence N 630 12' 52" W - 40.0 ft. to an iron pin; thence
N 260 47' 08" E - 135.71 ft. to an ironpan in the Southern Line of the
College Park Subdivision Lots; thence with the said Line N 630 12' 52" W -
285.39 ft. to an iron pin in the Eastern Boundary Line of Route 797;
thence with the said Line S 010 14' 41" W - 287.40 ft. to the beginning.
LOT 3-2-A - 0.977 ACRES: Beginning at an iron pin in the Northern
Highway Boundary Line of U. S. Route 50, a corner to Lot 4, running with
the 1gestern Line of the said Land N 260 47, 08" F - 300.0 ft. to an
iron pin in the Southern Line of the College Park Subdivision Lots; thence
with the.said Line N 630 12' 52" W - 150.51 ft. to an iron pin corner to
Lot 1-2-A; thence with the five following Lines of the said Land S 260 47'
08" W - 135.71 ft. to an iron pin; thence S 630 12. 52" E - 40.0 ft. to
an iron pin; thence S 260 47' 08" 1.1 - 65.0 ft. to an iron pin; thence
N 630 12' 52" 1-1 - 40.0 ft. to a railroad spike; thence S 260 47, 08" W -
99.29 ft. to a notch cut in the concrete curb in the
Northern Highway Boundary Line; thence with the said Line
S 630 12' 52" E - 150.51 ft. to the beginning.
Surveyed - - February 11, 1981 U LEE A. EBER
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SUBDIVISION REQUEST
Rosenberger Lots
Two Lot Subdivision
2.45 Acres Zoned B-2 (Commercial)
LOCATION:
Northeast corner of Tuland Drive and U.S. Route 50 East.
MAGISTERIAL DISTRICT: Shawnee Magisterial District
ADJACENT LAND USE AND ZONING:
Residential and Commercial Land Use and Zoning
PROPOSED USE AND IMPROVEMENTS:
Subdivide an existing 2.45 acre tract into two lots, creating a
1.448 acre tract (existing restaurant and motel buildings) and a
.977 acre tract (office building).
REVIEW EVALUATIONS:
Virginia Dept. of Highways and Transportation - No objection.
City of Winchester - The entire complex is served by a single
sewer service connection to Princeton Drive. Under City policy,
property that is divisible by sale must have seperate sewer
connections, and if these lots are divided, this would not be the
case. This situation is further complicated by the fact that the
City cannot make new sewer taps to properties not adjacent to
City sewer mains. Accordingly, if the lots are divided, no sewer
service would be available to one of the lots unless appropriate
arrangements are made with the City Council's Utility Committee.
The agreement has been approved by Mr. Givens between the
applicant and the City. (Please see attached information)
Planning and Zoning - No objection.
STAFF RECOMMENDATIONS:
Approval.
PLANNING COMMISSION RECOMMENDATIONS:
The Frederick County Planning Commission unanimously recommends
approval of the Subdivision Request of the Rosenberger Lots to the
Board of Supervisors subject to vacation of lots 1, 2, and 3 known as
Asa L. Rosenberger Lots and further described in Deed Book 203, Page
539 as surveyed by Richard J. Goode on October 30, 1947. (Please see
attached plat)
SUBDIVISION REQUEST
Rosenberger Lots
Two Lot Subdivision
2.45 Acres Zoned B-2 (Commercial)
LOCATION:
Northeast corner of Tuland Drive and U.S. Route 50 East.
MAGISTERIAL DISTRICT: Shawnee Magisterial District
ADJACENT LAND USE AND ZONING:
Residential and Commercial Land Use and Zoning
PROPOSED USE AND IMPROVEMENTS:
Subdivide an existing 2.45 acre tract into two lots, creating a
1.445 acre tract (existing restaurant and motel buildings) and a
.977 acre tract (office building).
REVIEW EVALUATIONS:
Virginia Dept. of Highways and Transportation - No objection.
City of Winchester - The entire complex is served by a single
sewer service connection to Princeton Drive. Under City policy,
property that is divisible by sale must have seperate sewer
connections, and if these lots are divided, this would not be the
case. This situation is further complicated by the fact that the
City cannot make new sewer taps to properties not adjacent to
City sewer mains. Accordingly, if the lots are divided, no sewer
service would be available to one of the lots unless appropriate
arrangements are made with the City Council's Utility Committee.
The agreement has been approved by Mr. Givens between the
applicant and the City. (Please see attached information)
Planning and Zoning - No objection.
STAFF RECOMMENDATIONS:
Approval.
THIS ' -PLAT OF SUBDIVISION OF ASA L. ROS ENBERGER LOTS 1, 2 AND
3,
made this day of
, 1981,
by Warren
G.
Teates, single, of the one
part, hereinafter called
Teates.
WHEREAS, by deed from Alwar Company dated January 1, 1972
and recorded in the Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Book 389, at Page 611 Teates
was conveyed 2.425 Acres, more or less, fronting on U. S. Route
50 in Shawnee Magisterial District of Frederick County, Virginia
designated as Lots 1, 2 and 3 of the Asa L. Rosenberger Lots;
and,
WHEREAS, the Grantor desires to subdivide the land, as
platted on the attached plat, in accordance with the provisions
of the Subdivision Ordinance of the County of Frederick.
NOW, THEREFORE, Teates does hereby approve and consent to
this division of his property as shown on the attached plat of
Lee A. Ebert, C.L.S. The two lots shown on the attached plat
shall be subject to the following restrictive covenant which
shall be a covenant running with the land and shall be binding on
all persons and parties claiming title to the land and shall be
for the benefit of and constitute limitations upon all future
owners of said two lots and also shall be for the benefit of the
City of Winchester and the County of Frederick and enforceable by
them:
HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
The sewer lines serving Lots 1-2-A and 3-2-A
are currently connected to the City of Winchester
sewer main at Princeton Drive by a single con-
nection which serves both lots. For as long as
these two lots are served by such single connection,
the owners of the said lots shall share equally
the responsibility for and cost of maintenance of
any and all portions of the sewer line from the
said connection at the sewer main to any building
or structure served thereby; and such owners shall
be jointly and severally liable for the maintenance
of such sewer line. As between such owners them-
selves, each shall be entitled to contribution
from the other for one-half the cost of any necessary
maintenance to any portion of such sewer line which
serves both lots; however, each lot owner shall be
solely responsible for the cost of any such main-
tenance (a) to any portion of such sewer line which
serves only that owner's lot, or (b) which is
necessitated by the fault of that lot owner.
WITNESS the following signature and seal:
A'Wa
S FAL en G. Teates
STATE OF VIRG INIA,
OF�� , To -wit:
a Notary Public of and
for the State and aforesaid, do certify that Warren G.
Teates, single, whose name is signed to the foregoing writing,
bearing date on the -2.-9-e-day of _ 1981, has
acknowledged the same before me in my State and
aforesaid.
Given under my hand this day of /+Le2, , 1981.
My commission expires2,.
�
Notary Public
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
BURR P. 14ARRISON 1904-1973
WILLIAM A.JOHN5TON
H. K. BENHAM M
BILLY J. TISINGER
THOMAS A. SCHULTZ, JR.
RONALD J. BROWN
BRUCE E. DOWNING
ELIZABETH B. JOHNSTON
HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA 22601
21 SOUTH LOUDOUN STREET
P. O. BOX 80S
April 20, 1981
Mr. James W. Givens
Planning Engineer
Public Utilities Director
Rouss City Hall
Winchester, Virginia 22601
Dear Jay:
TELEPHONE
AREA CODE 703
667- I266
Enclosed herewith please find proposed agreement with
Frederick County, including sewer covenant contained in final
paragraph.
Please review final paragraph and advise as to any changes
you might desire.
With kind regards, I am
Sincerely yours,
:l2
H. K. B nham, III
HKB,III:krb
Enclosure
cc: Mr, Warren G. Teates
T
ns fj
070a'nA
HARRISON A JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. YIROINIA
.L1TT3 -7°1AT GF 7liBDIVISTIJ � CT" <�SA L. 710S TINBETtG� LOTS 1, 2 AND
3, made this day c f , i'_'31, by ?,Tarren
C. Teates, single, of- the one part, hereinafter called Teates.
by- _aed from Aiwar Company dated January 1, 1972
and recorded ;i t%e Clerk's Of+ice of the Circuit Court of
Frederick County, ` 11r,-inia in -eeed Loaf. 539, at 7-age 611 Teates
was conveyed 2.425 Acres, pore or less, frcutir,,; on U. S. route
50 in Shaunae :_Tal-iotarial District of "redanrick. county, Virginia
4esi r_ated 3s +_Lfis ? , n and 'I of the Asa L. '_Losenberger Lots;
and,
_ E , tac ^rantor desires to subdivide the land, as
platted on the attached plat, in accordance with the provisions
0.4 the Subdivision Ordinance of the County of Frederick.
T;. , T M7EF02T , 'Teates does hereby approve and consent to
this division of his property as shown on the attached plat of
Lee A. Tbe_t, C.1..S. The two lots shown on the attached plat
shall be subject to the following, restrictive covenant which
shall be a covenant rennin; with the land and shall be binding on
all persons and ;parties claiming title to the land and shall be
for t;:c i:enefit of and constitute Limitations upon all future
o-zners of -,aid two lots and also shall be for the benefit of the
City of ?inchester and tha County of Frederick and enforceable by
them:
The sewer lines servinO Lots 1-2-A and 3-2-A
are currently connected to the City of Winchester
sewer :gain at Princeton Drive by a single con-
nection which serves both lots. For as long as
these two lots are served by such single connection,
the owners of the said lots shall share equally
the responsibility for and cost of maintenance of
any and all portions of the sewer line from the
said connection at the sewer rain to any building,
or structure served thereby; and such owners shall
be jointly and severally liable for the maintenance
of such sewer line. As between such owners then -
salvos, each shall be entitled to contribution
frorz the other for one -hall' the cost of any necessary
maintenance to any portion of such sewer line which
serves both lots; however, each lot owner _hall be
solely responsible for the cost of any such main-
tenance (a) to any portion of such sever line which
serves only that owner's lot, or (b) which is
necessitated by the fault of that lot owner.
'T": ,_.="� t.r.� oaio�=ir_� signature and seal:
{ S E L',
Uarren G. Teates
STATE 0 # III, GM1 A•
4F , To -wit:
I, , a Notary Public of and
for the
State and .
aforesaid,
do certify that Marren G.
Teates,
single, whose
name is signed to
the foregoing writing,
bearing
elate on the
clay of - _
-- - - -- , 1981, has
acknowled;ed the same before ne in my State and
aforesaid.
Given under ray hand this day of , 1981.
My commission expires
?otary Public
'.I - - - -- -_ .- - A
HARRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
t
THIS =PILAT. OF SUBDIVISION OF ASA L. ROS ENBERGER LOTS 1, 2 AND
3, made this day of �"T1�„ , 1981, by Warren
G. Teates, single, of the one part, hereinafter called Teates.
WHEREAS, by deed from Alwar Company dated January 1, 1972
and recorded in the Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Book 3899 at Page 611 Teates
was conveyed 2.425 Acres, more or less, fronting on U. S. Route
50 in Shawnee Magisterial District of Frederick County, Virginia
designated as Lots 1, 2 and 3 of the Asa L. Rosenberger Lots;
and,
WHEREAS, the Grantor desires to subdivide the land, as
platted on the attached plat, in accordance with the provisions
of the Subdivision Ordinance of the County of Frederick.
NOW, THEREFORE, Teates does hereby approve and consent to
this division of his property as shown on the attached plat of
Lee A. Ebert, C.L.S. The two lots shown on the attached plat
shall be subject to the following restrictive covenant which
shall be a covenant running with the land and shall be binding on
all persons and parties claiming title to the land and shall be
for the benefit of and constitute limitations upon all future
owners of said two lots and also shall be for the benefit of the
City of Winchester and the County of Frederick and enforceable by
them:
HARRISON S JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
The sewer lines serving Lots 1-2-A and 3-2-A
are currently connected to the City of Winchester
sewer main at Princeton Drive by a single con-
nection which serves both lots. For as long as
these two lots are served by such single connection,
the owners of the said lots shall share equally
the responsibility for and cost of maintenance of
any and all portions of the sewer line from the
said connection at the sewer main to any building
or structure served thereby; and such owners shall
be jointly and severally liable for the maintenance
HARRISON 6 JOHNSTONI
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
of such sewer line. As between such owners them-
selves, each shall be entitled to contribution
from the other for one-half the cost of any necessary
maintenance to any portion of such sewer line which
serves both lots; however, each lot owner shall be
solely responsible for the cost of any such main-
tenance (a) to any portion of such sewer line which
serves only that owner's lot, or (b) which is
necessitated by the fault of that lot owner.
WITNESS the following signature and seal:
Wail -fen G. Teates
STATE OF V IRG INIA,/
OF/2slC�/14�r. To -wit:
a Notary Public of and
for the State and aforesaid, do certify that Warren G.
Teates, single, whose name is signed to the foregoing writing,
bearing date on the _2L94el day of `�,� , 1981, has
acknowledged the same before me in my State and L `'
aforesaid.
Given under my hand this �`'� day of L/k4", , 1981.
My commission expires
r
Notary Public
- 2 -
SHEET I
RE -DIVISION - LOTS I, 2 &3
ASA L. ROSENBERGER LOTS
MI LLWOOD PIKE - U.S. RT. 50
SHAWN EE DISTRICT
FREDER I CK COUNTY, VA.
LOCATION: \
FREDERICi%' C(,ti';'�' i
Board or. Suuenjisors
Planning Commission
(recommended)
OWN ER
WARREN G. TEATES
711 MILLWOOD AVE.
WINCHESTER, VA.226O1
PURDUE
TULANE DRIVE
VE
RT.797 RT.7D8
Subdivision Admt nistratcr
VIRGINI�'. of Higl.;ays
U. S. R T. 50
ll 1'c 20VED 5'Y:
_D %T.
i)L': i:� G.`: - A; ', i`. i ::::.i p_ i':;1S , I. . , J ; I'.
It CO_ �H;:.'[' I."a: :'
THF: C;'r;'::R U
I CERTIFY THAT THE. LAND IN THIS RE-DIVISIONT IS THF: LAND
CONVEYr D TO WARREN G. TFATES 'BY DEED DATED 1 JAN A _2Y
1972 IN DEED BOOK, 32.9 PAGF. 511.
0
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W
0
S , E T 2
LOT 1-2-A
O
Z 1.448
0
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ACRES
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SUILOING W
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i
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1- U PIN — • (p J
LOT 2 Z O
W i8 �FFICE LOT 3
iv L o G. S2.6047108
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NL LOT 3-2 -A
(o — 0.977 ACRES
_ N 260 47'08"E — 300.00'
— IRON PIN
OO PT. BEG. 3-2-A
ui LOT 4
W
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PURDUE DRIVE - RT. 796
V
SH EET 3
The Accompanying Plat is a RE -DIVISION SURVEY of Lots 1, 2 and 3 -
Asa L. Rosenberger Lots - conveyed to ?Darren G. Teates by Deed date 1
January 1972 in Deed Book 389 Page6ll. The said Improved Land fronts the
Northern Highway Eoundary Lines of U. S. Route 50, and lies in Shawnee
District, Frederick County, Virginia:
LOT 1-2 - 1.448 ACRES: Beginning at a concrete highway monument
at the intersection of the Northern Highway Boundary Line of U. S. Rt. 50
with the Eastern Boundary Line of Route 797, running with the three
following Highway Boundary Lines S 460 51' 55" E - 140.99 ft. to a concrete
highway monument; thence with the Arc Line 16.99 ft. (Chord S 630 04' 26" E
- 16.99 ft.); thence S 630 12' 52" E - 11.20 ft. to a notch cut in the
concrete curb, a corner to Lot 3-2-A; thence with the five following Lines
of the said Land N 260 47' 08" E - 99.29 ft. to a railroad spike; thence
S 630 12' 52" E - 40.0 ft. to an iron pin; thence N`260 47' 0811E - 65.0 ft.
to an iron pin; thence N 630 12' 52" W - 40.0 ft. to an iron pin; thence
N 260 47' 08" E 135.71 ft. to an iron pin in the Southern Line of the
College Park Subdivision Lots; thence with the said Line ,,' 630 12' 52" 101 -
285.39 ft. to an iron pin in the Eastern Boundary Line of Route 797;
thence with the said Line S 010 14' 41" W - 287.40 ft. to the beginning.
LOT 3-2-A - 0.977 ACRES: Beginning at an iron pin in the Northern
Highway Boundary Line of L. S. Route 50, a corner to Lot 4, running with
the Western Line of the said Land N 260 47' 08" F. - 300-0 ft. to an
iron pin in the Southern Line of the College Park Subdivision Lots; thence
with the said Line N 630 12, 52" W - 150.51 ft. to an iron pin corner to
Lot 1-2-A; thence with the five following Lines of the said Land S 260 47'
08" W - 135.71 ft. to an iron pin; thence S 630 12' 52" E - 40.0 ft. to
an iron pin; thence S 260 47' 06" w - 65.0 ft. to an iron pin; thence
N 630 12' 52" '4 - 40.0 ft. to a railroad spike; thence S 260 47' 08" W -
99.29 ft. to a notch cut in the concrete curb in the
Northern Highway Boundary Line; thence with the said Line ��' -'.`c� ''• �` S 630 12' 52" E - 150.51 ft. to the beginning.
~ Surveyed - - February 11, 1981 1 � L
'1► iz�-i �
r
THIS =PLAT. OF SUBDIVISION OF ASA L. ROS ENBERGER LOTS 1, 2 AND
3, made this day of 1981, by Warren
G. Teates, single, of the one part, hereinafter called Teates.
WHEREAS, by deed from Alwar Company dated January 1, 1972
and recorded in the Clerk's Office of the Circuit Court of
Frederick County, Virginia in Deed Book 389, at Page 611 Teates
was conveyed 2.425 Acres, more or less, fronting on U. S. Route
50 in Shawnee Magisterial District of Frederick County, Virginia
designated as Lots 1, 2 and 3 of the Asa L. Rosenberger Lots;
and,
WHEREAS, the Grantor desires to subdivide the land, as
platted on the attached plat, in accordance with the provisions
of the Subdivision Ordinance of the County of Frederick.
NOW, THEREFORE, Teates does hereby approve and consent to
this division of his property as shown on the attached plat of
Lee A. Ebert, C.L.S. The two lots shown on the attached plat
shall be subject to the following restrictive covenant which
shall be a covenant running with the land and shall be binding on
all persons and parties claiming title to the land and shall be
for the benefit of and constitute limitations upon all future
owners of said two lots and also shall be for the benefit of the
City of Winchester and the County of Frederick and enforceable by
them:
HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
The sewer lines serving Lots 1-2-A and 3-2-A
are currently connected to the City of Winchester
sewer main at Princeton Drive by a single con-
nection which serves both lots. For as long as
these two lots are served by such single connection,
the owners of the said lots shall share equally
the responsibility for and cost of maintenance of
any and all portions of the sewer line from the
said connection at the sewer main to any building
or structure served thereby; and such owners shall
be jointly and severally liable for the maintenance
of such sewer line. As between such owners them-
selves, each shall be entitled to contribution
from the other for one-half the cost of any necessary
maintenance to any portion of such sewer line which
serves both lots; however, each lot owner shall be
solely responsible for the cost of any such main-
tenance (a) to any portion of such sewer line which
serves only that owner's lot, or (b) which is
necessitated by the fault of that lot owner.
WITNESS the following signature and seal:
AWa—_e&n
S EAL,
G. Tea tes
STATE OF V IAG INIA,
h OF �"�G7P4��-G� To -wit:
Ia Notary Public of and
for the State and aforesaid, do certify that Warren G.
Teates, single, whose name is signed to the foregoing writing,
bearing date on the ��` day of LIPIlha, 1981, has
acknowledged the same before me in my State and
aforesaid.
Given under my hand this day of LAe:z" , 1981.
My commission expires
Notary Public
zr
HARRISON & JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
SHEET I
RE -DIVISION - LOTS I, 2 &3
ASA L. ROSENBERGER LOTS
MILLWOOD PIKE - U.S. RT. 50
SHAWNEE DISTRICT
FREDERICK COUNTY, VA.
LOCATION: \
OWNER
WARREN G. TEATES
711 MILL WOOD AVE.
WINCHESTER, VA.22601
N
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NO
PURDUE
TULANE DRIVE �O
VE O
RT.7�7 RT.796
U. S. R T. 50
1 RGVED Y:
FPLDERI(A..t,"r',T
Board of Supery iso rs
Planning Commission
(recommended)
Subdivision Ad:ninis`.rater
VIRGI.NlA Dept. of Highwi�ys
i11 t �{
Ti
T[*,
.� I CERTIFY THAT THE LAND IN THIS RF,-DIVISION IS THE LAND
CONVEYED TO WARREN G. TF,ATES BY DEED DATED 1 JANUIIRY
�'Ilk, LAW, ¢� 1972 IN DEED BOOM 389 PAGE Fill.
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PURDUE DRIVE - RT. 796
SHEET 3 -
The Accompanying Plat is a RE -DIVISION SURVEY of Lots 1, 2 and 3 -
Asa L. Rosenberger Lots - conveyed to Warren G. Teates by Deed date 1
January 1972 in Deed Book 389 Page6ll. The said Improved Land fronts the
Northern Highway Boundary Lines of U. S. Route 50, and lies in Shawnee
District, Frederick County, Virginia:
LOT 1-2 - 1.448 ACRES: Beginning at a concrete highway monument
at the intersection of the Northern Highway Boundary Line of U. S. Rt. 50
with the Eastern Boundary Line of Route 797, running with the three
following Highway Boundary Lines S 460 51' 55" E - 140.99 ft. to a concrete
highway monument; thence with the Arc Line 16.99 ft. (Chord S 630 04' 26" E
- 16.99 ft.); thence S 630 12' 52" E - 11.20 ft. to a notch cut in the
concrete curb, a corner to Lot 3-2-A; thence with the five following Lines
of the said Land N 260 47. 08" E - 99.29 ft. to a railroad spike; thence
S 630 12. 52" E - 40.0 ft. to an iron pin; thence N 260 47' 0811E --65.0 ft.
to an iron pin; thence N 630 12' 52" ;4 - 40.0 ft. to an iron pin; thence
N 260 47' 08" E - 135.71 ft. to an iron Fir. in the Southern Line of the
College Park Subdayision Lots; thence with the said Line ". 630 12' 52" W -
285.39 ft. to an iron pin in the Eastern Boundary Line of Route 797;
thence with the said Line S 010 14. 41" W - 287.40 ft. to the beginning.
LOT 3-2-A - 0.977 ACRES: Beginning at an iron pin in the Northern
Highway Boundary Line of U. S. Route 50, a corner to Lot 4, running with
the Western Line of the said Land N 260 47, 08" F, - 300.0 ft. to an
iron pin in the Southern Line of the College Park Subdivision Lots; thence
with the said Line N 630 12, 52" W - 150.51 ft. to an iron pin corner to
Lot 1-2-A; thence with the five following Lines of the said Land S 26° 47'
08" W - 135.71 ft. to an iron pin; thence S 630 12' 52" E - 40.0 ft. to
an iron pin; thence S 260 47' 08" 14 - 65.0 ft. to an iron pin; thence
N 630 12' 52" Yl - 40.0 ft. to a railroad spike; thence S 260 47' 08" W -
99.29 ft. to a notch cut in the concrete curb in the
Northern Highway Boundary Line; thence with the said Line !j�:;�' ;.
S 630 12' 52" E - 150.51 ft. to the beginning.
Surveyed - - February 11, 1961UE A. f
RECEIVED JUN 1 0 1981
�•°��` '�'���' f�i# of Ninr4roter, Pirginmi
�kG11`�Q'
ROUSH CITY MALL
22601
June 9, 1981
Mr. John R. Riley
Planning Director
County of Frederick
P. 0. Box 601
Winchester, Virginia 22601
Subject: Subdivision of Rosenberger Lots - Warren G. Teates
Route 50 East at Tulane Drive
Dear John:
This office is in receipt of an executed covenant agreement, copy
enclosed, which will require the owners of proposed Lots 1-2-A
and 3-2-A, as shown on plat prepared by Lee A. Ebert, C.L.S., to
jointly and equally share in the maintenance of the sanitary sewer
service common to both lots.
The Winchester City Council, meeting in regular session on May 12,
1981, unanimously granted Warren G. Teates a variance to City
policy requiring separate services to Lots 1-2-A and 3-2-A con-
tingent upon execution of the abovementioned covenant. For your
information, a copy of the pertinent Council minutes are attached.
Based on the above actions, the City of Winchester
comment on the subject subdivision request. Please
office can provide additional information.
Sincerely yours, )
James W. Givens, P.E.
Public Utilities Director
JWG:rs
cc: Mr. Wendell L. Seldon, City Manager
Mr. H. K. Benham III
has no further
advise if this
" MITE c!kPl1it (lInVital"
Council Minutes
May 12, 1981
Page 3
UTILITIES COMMITTEE
On a motion by Mr. Kern, seconded by Mr. Shendow, and as recommended by the Utilities
Committee, Council voted unanimously to amend "AN ORDINANCE PRESCRIBING WATER AND
SEWER RATES FOR THE CITY OF WINCHESTER, VIRGINIA, BEGINNING WITH THE QUARTER ENDING
JULY 31, 1981" to prescribe a ten, rather than sixteen, percent general rate increase.
The above ordinance was presented in substance at the March loth Council meeting,
followed by an April 14th Public Hearing.
Chairman Kern moved, seconded by Mr. Shendow, that a variance to City policy requiring
separate services be granted to Warren G.-Teates for proposed Lots 1-2-A and 3-2-A
(Rosenberger Lots), located in Frederick County at Route 50 East and Tulane Drive.
Approval of this variance is contingent upon execution by Mr. Teates of a sewer cove-
nant agreement requiring that owners of the subject lots jointly maintain the common
sewer service to the properties. Variance approval will permit subdivision of subject
lots, which are currently recorded as a single parcel.
In response to an inquiry from Councilor Wilkins, Public Utilities Director Givens
advised that legal action could be instituted if the property owners fail to comply
with terms of the executed covenant agreement.
Mr. Kern's motion for approval of the previously described variance was then unani-
mously adopted on a voice vote.
Councilor Kern moved, seconded by Mr. Pine, that the Shenandoah Gas Company be author-
ized to continue use of City streets, alleys, and public ways for operation of its
facilities for the period April 10, 1981 through January 1, 1982. The company's
previous thirty-year franchise expired April loth, and the proposed extension will
permit continued gas service under previous terms pending required legal advertisement
for and Council approval of a succeeding franchise. Shenandoah Gas Company has ad-
vised that they intend to bid on the new franchise.
During discussion which followed, City Manager Seldon reported that although City
revenue derived under the recent franchise was not a great amount, the Gas Company
under this agreement paid one-half the salary of the City Plumbing and Gas Inspector.
Councilor Kern recommended receipt of bids for the new franchise, concurring with a
suggestion that the term of this agreement be made retroactive to April 10, 1981. Mr.
Seldon advised that, although the City will negotiate franchise terms and has the right
to reject bids, such offers are not negotiable subsequent to receipt.
Mr. Kern's earlier motion for authorization of Shenandoah Gas Company transmission of
gas through City streets for the period April 10, 1981 through January 1, 1982 was then
unanimosuly adopted on a voice vote.
On a motion by Councilor Kern, seconded by Mayor Zuckerman, the City Manager was unani-
mously authorized to execute an agreement with Apple Blossom Mall Trust for the exten-
sion of water and sewer mains to serve the Apple Blossom Mall, with entire cost of
this work to be paid by the developer. The Mall is to be located south of Millwood
Avenue in the southeastern section of the City.
The above agreement will provide a more efficient and economical construction schedule,
permitting installation of certain sewer main sections prior to site work completion.
Preliminary Mall plans have been reviewed and approved by the Utilities Department,
with final plan completion scheduled for the end of the current month.
STREET COMMITTEE
Chairman Pine reported that, subsequent to President Mote's April 14th referral, the
Street Committee had considered the effect of increased traffic which would result
from approval of the proposed 1800 Henry Avenue (Day Care Center) rezoning. The
Committee has concluded that no adverse traffic impact should result from subject re-
zoning approval.
On a motion by Mr. Pine, seconded by Dr. White, the City Manager was unanimously
authorized to enter into an agreement with Perry Engineering Company, Incorporated
in the amount of $128,571 for construction of the Quarles School Drainage Project.
Perry Engineering submitted the low bid of several received, and the Finance Committee
will request Council approval of a related transfer in June.
Referring to several automobile/train accidents which have occurred during the past
twenty-four months at the two railroad grade crossings on Papermill Road, Mr. Pine
HARRISON & JOHNSTON
BURR P. HARRISON 1904-1973 ATTORNEYS AT LAW
H. K. BENHAMM A. MJOHNSTON WINCHESTER, VIRGINIA 22601
H. K. BHAM III
BILLY J. TISINGER
THOMAS A. SCHULTZ, JR. 21 SOUTH LOUDOUN STREET TELEPHONE
RONALD J. BROWN P. O. BOX 809 AREA CODE 703
BRUCE E. DOWNING
ELIZABETH B.JOHNSTON 667-1266
May 18, 1981
Mr. John R. Riley
Planning Director
P. 0. Box 601
Winchester, Virginia 22601
Dear John:
After several meetings, Jay Givens and I worked out a
covenant to be placed against the property that Warren Teates
desires to subdivide on Route 50. We have incorporated this
covenant in the instrument to attach the plat of the sub-
division to be placed of record. The original of this instru-
ment is enclosed herewith with a copy attached to the copy
of this letter being sent to Jay Givens.
If you need anything further, please so advise.
Sincerely yours,
H. K. Benham, III
HKB,III:krb
Enclosure
CC: Mr. Jay Givens
Mr. Warren G. Teates
Subdivision Rosenberger Lots
Lee Ebert