HomeMy WebLinkAboutBowman-Glaize Land Shawnee District - BackfileT
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October 5, 1987
Mr. Billy J. Tisinger
21 S. Loudoun Street
Winchester, Virginia 22601
Dear Mr. Tisinger:
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
This letter is to confirm the Frederick County Board of Supervisors' action at
their meeting of September 23, 1987:
Approval of Final Subdivision Plat of Bowman-Glaize Land, Zoned B-2, for the
division of a 39,819 square foot lot and a 5.515 acre parcel located on Route 50,
east of Delco Plaza, in the Shawnee Magisterial District.
Your subdivision has been given final approval. All conditions of the approval
set by the Planning Commission must be met. Before any excavation or land
disturbance is undertaken, a land disturbing permit must be obtained and before
construction, a building permit must be obtained.
If you have any questions regarding your subdivision, please do not hesitate to
call this office.
Sincerely,
Robert W. Watkins
Planning Director
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yTY of FREDERICK
of Planning and Building
703/665-5650
'VA. Dept. of Highways & Transportation
ATTN:
Mr.
William H. shm
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Greenwood Fire Company
, ATTN:
Mr.
Walt Cunn
Sanitation Authority
, ATTN:
Mr.
WellingtonJones-,
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City of Winchester
, ATTN:
Mr.
Jay Givens
Planning and Zoning Department
, ATTN:
Mr.
Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: June 3, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision Rezoning
We are reviewing the enclosed request by Bowman-Glaize Land ,
or their representative, Fred Glaize 662-2092
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
No objection to the proposed subdivision.
Signature Date a�449
9 Court Spuare - P.O. Box 601 - Winchester, Virginia - 22601
9 `" COUNTY of FREDERICK
I _ e., r OF IVINCI'
sLIC U"' ti Departments of Planning and Building
M E M O R A N D U M 703/665-5650
TO:
VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman
Greenwood Fire Company , ATTN: Mr. Walt Cunningham
Sanitation Authority , ATTN: Mr. Wellington H. Jones
City of Winchester ATTN:Ir. Jay Givens
Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: June 3, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision Rezoning
We are reviewing the enclosed request by Bowman-Glaize Land ,
or their representative, Fred Glaize 662-2092
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Reference the subiect subdivisio
will not be available to Tract A under present City ,policy. Farther. water is not
readily available to Tract A: although water could be made available with the
securing of certain private easements. More definitive information will he
required if water and sewer is to be provided by the City of Winchester.
SignatureOz�-4�- 1-� ���� Date
9 Court Sauare - P.O. Box 601 - Winchester, Virginia - 22601
R-
-„MEM"ORANDUM
TO: _., �7"� :----•� - _.�.
COUNTY of FREDERICK
Departments of Planning and Building
703/665-5650
VA. Dept. of Highways & Transportation , ATTN: Mr. William H. Bushman
Greenwood Fire Company , ATTN: Mr. Walt Cunningham
o ATTN:_ •..
City of Winchester , ATTN: Mr. Jay Givens
Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: June 3, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision Rezoning
We are reviewing the enclosed request by Bowman-Glaize Land ,
or their representative, Fred Glaize 662-2092
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
City provides sewer service to existing building. The Authority does not
have facilities serving this tract and would allow tract A to be served
by the City.
Signature Date
9 Court Snuare - P.O. Box 601 - Winchester, Virginia - 22601
r�AM6�/_ COUNTY of FREDERICK
V
Departments of Planning and Building
703/665-5650
M E M O R A N D U M
TO:
Greenwood Fire Company , ATTN: Mr. Walt Cunningham
, ATTN:
Planning and Zoning Department , ATTN: Mr. Stephen M. Gyurisin
FROM: Robert W. Watkins, Director DATE: September 10, 1987
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
X Subdivision
We are reviewing the enclosed request by Bowman-Glaize Land ,
or their representative, L. Allen Ebert 667-3233
Will you please review the attached and return your comments to me as soon as
possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
01
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Signature Date
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
Ah PAGF I OF 3
FJVAL PLA To
ZONED B-2
B O WMA N-
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FREDERICK COUNTY
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27 MAY 1967
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SEDERICK COUNTY
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PLANNING COMMISSION
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BOARD OF SUPERVISORS
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OWNER'S CERTIFICATE:
THIS DIVISION. AS IT APPEARS ON THIS PLAT,
IS WITH THE FREE CONSENT AND N ACCORDANCE WITH
THE DESIRES OF THE UNDERSIGNED OWNER, AGENT OR TRUSTEE.
SURVEYOR'S CERTIFICATE:
I CERTIFY THAT THE LAND N THIS DIMON IS ALL OF THE LAND CONVEYED TO BOWMAN TRUCKING
COMPANY, INC. AND FRED L. GLARE, ■ BY DEED DATED 28 R LY 1966 N DEED BOOK 622, PAGE 646,
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L. ALLEN EBERT
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PAGE 30F3
The Accompanying Plat represents a DIVISION SURVEY of the
Land conveyed to Bowman Trucking Company, Inc. and Fred L. Glaize, III
by Deed dated 28 July 1986 in Deed Book 622, Page 646. The said
Improved Land fronts the Southwestern Boundary Line of U. S. Route
50, and lies in Shawnee District, Frederick County, Virginia:
Beginning at an iron pin (found) in the Southwestern Line
of U. S. Route 50, a corner to the Barr Land; thence with the
said Line, S 630 16' 53" E - 732.12 ft. to an iron pin (found),
a corner to the Lages Land; thence with the Three Following
Lines of the said Land and the Northwestern Line of the said
Barr Land, S 20' 52' 06" W - 384.60 ft. to an iron pin (found);
thence N 63' 09' 34" W - 734.91 ft. to an iron pin (found);
thence N 21' 15' 36" E - 382.77 ft. to the beginning.
Also shown on the Plat is the 10 Ft. Right Of Way across
the Southeastern Portion of Tract B, granted in Deed Book
327, Page 94, and the 10 Pt. Utilities Easement
across the Northeastern Portion of Tract B.
Containing:
Tract A = 39,819 Sq. Ft. (0.914 Acre)
Tract B = 5.515 Acres
Total = 6.429 Acres
Surveyed; 27 May 1987
E
I& PAGE I OF 3
FWA L PL A T."
ZONED B-2
BOWMAN-
GLAIZE LAND
U. S. ROUTE 50
SHAWNEE DIS TRIC T
FREDERICK COUNTY
VIRGINIA
27 MAY 1967
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APPROVALS
VIRGINIA DEPARTMENT
OF HIGHWAYS
DATE /C-2 cee-77
FREDERICK COUNTY
SANITATION AUTHORITY
DATE -dr-SeF
FREDERICK COUNTY
Cj W Q W 10 -7 -87
SUBDIVISION ADMINISTRATOR
DATE
FREDERICK COUNTY
PLANNING COMMISSION
DATE —2::;;
FREDERICK COUNTY
?
BOARD OF SUPERVISORS
DATE
OWNER'S CERTIFICATE:
THIS DIVISION, AS IT APPEARS ON THIS PLAT,
IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH
THE DESIRES OF THE UNDERSIGNED OWNER, AGENT OR TRUSTEE
drw -e- (7e- &vL.* 4L
SURVEYOR'S CERTIFICATE:
I CERTIFY THAT THE LAND IN THIS DIVISION IS ALL OF THE LAND CONVEYED TO BOWMAN TRUCKING
COMPANY, INC. AND FRED L. GLAIZE, III BY DEED BATED 26 JULY 1986 IN DEED BOOK 622, PAGE 646.
L. ALLEW EBERT
PROFESSIONAL LAND SURVEYOR
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PAGE 3 OF 3
The Accompanying Plat represents a DIVISION SURVEY of the
Land conveyed to Bowman Trucking Company, Inc. and Fred L. Glaize, III
by Deed dated 28 July 1986 in Deed Book 622, Page 646. The said
Improved Land fronts the Southwestern Boundary Line of U. S. Route
50, and lies in Shawnee District, Frederick County, Virginia:
Beginning at an iron pin (found) in the Southwestern Line
of U. S. Route 50, a corner to the Barr Land; thence with the
said Line, S 63' 16' 53" E - 732.12 ft. to an iron pin (found),
a corner to the Lages Land; thence with the Three Following
Lines of the said Land and the Northwestern Line of the said
Barr Land, S 20' 52' 06" W - 384.60 ft. to an iron pin (found);
thence N 63' 09' 34"W - 734.91 ft. to an iron pin (found);.
thence N 21' 15' 36" E - 382.77 ft. to the beginning.
Also shown on the Plat is the 10 Ft. Right Of Way across
the Southeastern Portion of Tract B, granted in Deed Book
327, Page 94, and the 10 Ft. Utilities Easement
across the Northeastern Portion of Tract B.
Containing:
Tract A = 39,819 Sq. Ft. (0.914 Acre)
Tract B = 5.51.5 Acres
Total = 6.429 Acres
Surveyed; 27 May 1987
a
PAGE I OF 3
FANAL PLA T.a
ZONED B-2
B O WMA N-
GLAIZE LAND
U. S. ROUTE 50
SHA WNEE D/STR/CT
FREDERICK COUNTY
V/RCUNIA
27 MAY 1987
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APPROVALS
VRGNA DEPARTMENT
OF HIGHWAYS
_ 8
DATE
FREDERICK COUNTY
SANITATION AUTHORITY
DATE
FREDERICK COUNTY
SUBDIVISION ADMINISTRATOR
0 -
I/L�1 DATE 1
FREDERICK COUNTY
PLANNING COMMISSION
DATE `� ✓��
FREDERICK COUNTY
la_ ?—
BOARD OF SUPERVISORS
DATE
OWNER'S CERTIFICATE:
THIS DIMON, AS IT APPEARS ON THIS PLAT, IS WITH THE FREE CONSENT AND N ACCORDANCE WITH
THE DESIRES OF THE UNDERSIGNED OWNER, AGENT OR TRUSTEE.
e,- %- oa-/ t �k oj;�—
SURVEYOR'S CERTIFICATE:
I CERTFY THAT THE LAND N THIS DMSION IS ALL OF THE LAND CONVEYED TO BOWMAN TRUCKING
COMPANY, INC. AND FRED L. GLAIZE, 0 BY DEED DATED 28 JULY 19N N DEED BOOK 622, PAGE 646.
L. ALLEN EVERT
PROFESSIOWL LAND SURVEYOR'
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PAGE 2 OF 3
PAGE 3 OF 3
The Accompanying Plat represents a DIVISION SURVEY of the
Land conveyed to Bowman Trucking Company, Inc. and Fred L. Glaize, III
by Deed dated 28 July 1986 in Deed Book 622, Page 646. The said
Improved Land fronts the Southwestern Boundary Line of U. S. Route
50, and lies in Shawnee District, Frederick County, Virginia:
Beginning at an iron pin (found) in the Southwestern Line
of U. S. Route 50, a corner to the Barr Land; thence with the
said Line, S 63' 16' 53" E - 732.12 ft. to an iron pin (found),
a corner to the Lages Land; thence with the Three Following
Lines of the said Land and the Northwestern Line of the said
Barr Land, S 20' 52' 06" W - 384.60 ft. t'o an iron pin (found);
thence N 63' 09' 34" W - 734.91 ft. to an iron pin (found);
thence N 21' 15' 36" E - 382.77 ft. to the beginning.
Also shown on the Plat is the 10 Ft. Right Of Way across
the Southeastern Portion of Tract B, granted in Deed Book
327, Page 94, and the 10 Ft. Utilities Easement
across the Northeastern Portion of Tract B.
Containing:
Tract A = 39,819 Sq. Ft. (0.914 Acre)
Tract B = 5.515 Acres
Total = 6.429 Acres
Surveyed; 27 May 1.987
SUBDIVISION
Bowman-Glaize Land
Zoned B-2 (Business General)
2 lots
LOCATION: Route 50, East of Delco Plaza
MAGISTERIAL DISTRICT: Shawnee
ADJACENT LAND USE AND ZONING: Vacant land and businesses zoned B-2 (Business
General)
PROPOSED USE AND IMPROVEMENTS: Division into a 39,819 square foot lot and a 5.515
acre parcel
REVIEW EVALUATIONS:
VA Dept. of Highways & Transportation - No objection to the proposed
subdivison.
Sanitation Authority - City provides sewer service to existing building. The
Authority does not have facilities serving this tract and would allow tract A
to be served by the City.
Greenwood Fire Company - Comments will be provided at the September 16th
meeting by the Greenwood Fire Company. However, all County Fire Codes,
Chapter 10, will have to be met.
City of Winchester - See attached letter dated September 9, .1987.
Planning and Zoning - No objections. The proposed lots meet all applicable
subdivision requirements. All applicable Fire Codes will have to be met
during the development of this lot. The site plan standards for the 5.515
acres (Tract B) lot remain sufficient for the existing retail store business
(K-Mart).
STAFF RECOMMENDATIONS: Approval.
PLANNING COMMISSION RECOMMENDATIONS: Unanimous Approval.
C�ttV .of Pinr4rster, 33tirgintia
Mr. Stephen M. Gyurisin
Deputy Director of Planning
County of Frederick
P. 0. Box 601
Winchester, VA 22601
Ver 9,#98'1
SEP 19,67
F p "
Subject: Subdivision of Existing K-Mart Tract— Route 50 East
Dear Steve:
ROUSS CITY HALL
22601
Reference the subdivision of a 39,819 square foot parcel in the
northwest corner of the subject K-Mart property, please be advised that
City Council, meeting in regular session on September 8, 1987, approved
an exemption to City ordinance which would allow Tract A to be served
with City water and sewer. The provision of service is subject to the
following:
That the owners of Tract A and Tract B execute a maintenance
agreement which will provide for the shared maintenance of an
existing private sewer pump station and force main presently
serving the K-+Iart building.
• That technical details for the provision of water from an
existing water main located on the Delco Plaza property be
provided.
• That Frederick County provides, as part of their subdivision
approval, notification to the City that there is no objection
to the City providing water and sewer service.
You are advised that the above requirements are administrative in
nature and should comply with County requirements for a response
concerning water and sewer availability.
Please advise if you desire additional information.
JWG/cd
cc: George W. Glaize
Sincerely yours,
James W. Givens, P.E.
Public Utilities Director
` `Zlie '�pple (apital"
HARRISON A JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
EASEMENT AND MAINTENANCE AGREEMENT
THIS EASEMENT AND MAINTENANCE AGREEMENT, dated this day of
August, 1987, by and between BOWMAN TRUCKING COMPANY, INC., and FRED L.
GLAIZE, III, parties of the first part, hereinafter called the Sellers, and
GREGORY H. THROCKMORTON and PAMELA P. THROCKMORTON, his wife, parties of the
second part, hereinafter called the Buyers.
WHEREAS, the parties of the first part are the owners of a certain
tract of land containing 6.492 acres in the aggregate, consisting of Tract
A, containing 39,819 square feet and Tract B, containing 5.515 acres; and
WHEREAS, the Sellers have agreed to sell Tract A to the Buyers by
contract dated March 26, 1987, and it is the desire of the parties hereto to
provide for a 10 foot utility easement to serve the property as well as a
maintenance agreement for the storage tank and pump located on Tract B all
of which is for the benefit of Tract A;
NOW, THEREFORE, in consideration of the mutual benefits to be derived
therefrom, the parties agree as follows:
1. That the Sellers agree to grant an easement, 10 feet in width,
along the Northern boundary of Tract B, as shown on the survey drawn by L.
Allen Ebert, C.L.S., dated May 27, 1987, which easement shall be for the
purpose of constructing, maintaining and reconstructing a certain sewer line
and water line over Tract B for the use and benefit of Tract A as shown on
the aforesaid plat. The construction of the aforesaid utility lines shall
be at the cost of the Buyer and shall extend from Tract A to the storage
tank and pump located on the aforesaid Tract B at its Northern boundary, and
which location is designated on the survey drawn by L. Allen Ebert, dated
May 27, 1987, attached hereto and by this reference made a part hereof as if
set out in full.
2. It is agreed that the maintenance of the utility lines from Tract A
to the storage tank and pump shall be at the sole cost of the Buyer.
v
HARRISON S JOHNSTON
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
3. It is agreed that the maintenance of the storage tank and pump
shall be shared by the Seller and the Buyer in the same proportion of the
square footage that Tract A has in relation to the remaining square footage
of Tract B.
4. The Sellers also reserve unto themselves for the benefit of Tract B
or any subdivision of Tract B, a ten (10) foot utility easement across Tract
A said ten (10) foot utility easement to run as an extension of that
easement as shown on Tract B along U. S. Route 50. This reservation is for
the express purpose of allowing utilities to be extended across Tract A for
the benefit of Tract B.
5. The Sellers expressly agree that in the event that a water easement
is obtained at a location other than stated in paragraph 4 above that a
water utility easement will be granted across a portion of Tract B to said
easement, if at all practical, to be ten (10) feet in width extending along
the Westernmost line of Tract B.
WITNESS the following signatures and seals:
BOWMAN TRUCKING COMPANY, INC .
EAL)
James Bowman, President
- Gc+-S— (SEAL)
Fred L. Glaize, III
(SEAL)
fego H. hrockm rton
' (SEAL)
Pamela P. Throckmorton
diAa�:r .,4r:r.f W
HARRISON S JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
STATE OF VIRGINIA, AT LARGE,
n� OF To -wit:
The foregoing instrument was acknowledged before me this � day of
August, 1987, by James L. Bowman, as President of Bowman Trucking Company,
Inc., a Virginia Corporation, on behalf of the said Corporation.
My commission expires �C ��1 ► 8�j
otary Public /
STATE OF VIRGINIA, AT LARGE,
0� 0 L, n � OF �- e G�Pir� i , To -wit :
The foregoing instrument was acknowledged before me this 1141 day of
August, 1987, by Fred L. Glaize, II/I11I.
My commission expires
/ otary Publ
STATE OF VIRGINIA, AT LARGE,
Cow••, OF To -wit:
The foregoing instrument was acknowledged before me this (t day of
August, 1987, by Gregory H. Throckmorton and Pamela P. Throckmorton, his
wife.
My commission expires Cam-
/ Notary Public
11400,
M E M O R A N D U M R E Q U E S T
TO: JAY GIVENS
DEPARTMENT OF SANITATION
CITY OF WINCHESTER, CITY HALL
FROM: BOWMAN TRUCKING COMPANY, INC.
FRED L. GLAIZE, III
DATE: AUGUST 6, 1987
The undersigned, Bowman Trucking Company, Inc. and
Fred L. Glaize, III, owners of 6.429 acres, lying along the
Southern boundary of U. S. Route 50, just East of the
corporate limits of the City of Winchester, Virginia, hereby
request an exception to the City of Winchester policy which
states that no two properties divisible by sale can use
common water and sewer lines.
The intent of the parties hereto is to sell a
certain tract of land designated Tract A on the plat
attached hereto, and allow Tract A to share the existing
storage tank and pump located on Tract B as shown on the
attached plat.
BOWMAN TRUCKING COMPANY, INC.
B
JA BOWMAN, PRESIDENT �``�
COUNTY of FREDERICK
L
August 6, 1987
George W. Glaize, Jr.
137 W. Boscawen Street
Winchester, VA 22601
Dear George:
John R. Riley, Jr.
County Administrator
703/665.5666
It is my understanding from you that you wish to sub-
divide one lot from the K-Mart parent tract. It is also
understood that you wish to connect to the existing service
at K-Mart and that this request does not require a main
extension.
If all of the above is correct, the County does not
have a problem with the connection. I would advise you to
request formal action from the Board of Supervisors at
their meeting on August 26, 1987. We will need to have
your written request by Wednesday, August 19, 1987 in order
to place it in the Board's agenda.
With kindest regards, I am
JRR/tjp
Sincerely,
'97Z
R. Riley, Jr.
County Administrator
9 Court Souare
P.O. Box 601
Winchester, Virginia - 22601
EASEMENT AND MAINTENANCE AGREEMENT
THIS EASEMENT AND MAINTENANCE AGREEMENT, dated this 11 day of
August, 1987, by and between BOWMAN TRUCKING COMPANY, INC., and FRED L.
GLAIZE, III, parties of the first part, hereinafter called the Sellers, and
GREGORY H. THROCKMORTON and PAMELA P. THROCKMORTON, his wife, parties of the
second part, hereinafter called the Buyers.
WHEREAS, the parties of the first part are the owners of a certain
tract of land containing 6.492 acres in the aggregate, consisting of Tract
A, containing 39,819 square feet and Tract B, containing 5.515 acres; and
WHEREAS, the Sellers have agreed to sell Tract A to the Buyers by
contract dated March 26, 1987, and it is the desire of the parties hereto to
provide for a 10 foot utility easement to serve the property as well as a
maintenance agreement for the storage tank and pump located on Tract B all
of which is for the benefit of Tract A;
NOW, THEREFORE, in consideration of the mutual benefits to be derived
therefrom, the parties agree as follows:
1. That the Sellers agree to grant an easement, 10 feet in width,
along the Northern boundary of Tract B, as shown on the survey drawn by L.
Allen Ebert, C.L.S., dated May 27, 1987, which easement shall be for the
purpose of constructing, maintaining and reconstructing a certain sewer line
and water line over Tract B for the use and benef t_of Tract A.as shown on
the aforesaid plat. The construction of the aforesaid utility lines shall
be at the cost of the Buyer and shall extend from Tract A to the storage
tank and pump located on the aforesaid Tract B at its Northern boundary, and
which location is designated on the survey drawn by L. Allen Ebert, dated
May 27, 1987, attached hereto and by this reference made a part hereof as if
set out in full.
2. It is agreed that the maintenance of the utility lines from Tract A
%RRISON S JOHNSTON
ATTORNEYS, AT LAW to the storage tank and pump shall be at the sole cost of the Buyer.
WINCHESTER, VIRGINIA 11
3. It is agreed that the maintenance of the storage tank and pump
shall be shared by the Seller and the Buyer in the same proportion of the
square footage that Tract A has in relation to the remaining square footage
of Tract B.
4. The Sellers also reserve unto themselves for the benefit of Tract B
or any subdivision of Tract B, a ten (10) foot utility easement across Tract
A said ten (10) foot utility easement to run as an extension of that
easement as shown on Tract B along U. S. Route 50. This reservation is for
the express purpose of allowing utilities to be extended across Tract A for
the benefit of Tract B.
5. The Sellers expressly agree that in the event that a water easement
is obtained at a location other than stated in paragraph 4 above that a
water utility easement will be granted across a portion of Tract B to said
easement, if at all practical, to be ten (10) feet in width extending along
the Westernmost line of Tract B.
WITNESS the following signatures and seals:
BOWMAN TRUCKING COMPANY, INC .
AL )
James B�owman�,Pre�siden�t�
�GrLo G Gc -i .sue (SEAL)
Fred L. Glaize, III
Pamela P. Throckmorton
kRRISON 6 JOHNSTON
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
;SEAL)
;SEAL)
STATE OF VIRGINIA, AT LARGE,
C 1-r,�_OF i-r�.i�� v! �(� To -wit:
The foregoing instrument was acknowledged before me this ll day of
August, 1987, by James L. Bowman, as President of Bowman Trucking Company,
Inc., a Virginia Corporation, on behalf of the said Corporation.
My commission expires C,�- . -Z' I 1cl v
otary Public
STATE OF VIRGINIA, AT LARGE,
-t_CU- rV�- , To -wit:
The foregoing instrument was acknowledged before me this t14��' day of
August, 1987, by Fred L. Glaize, III.
My commission expires C
`Notary Publi
STATE OF VIRGINIA, AT LARGE,
�QI I n r OF To -wit:
The foregoing instrument was acknowledged before me this (1141 day of
August, 1987, by Gregory H. Throckmorton and Pamela P. Throckmorton, his
wife.
My commission expires C 19,
Notary PG lic
HARRISON & JOHNSTON
ATTOR14EYS AT LAW
WINCHESTER, VIRGINIA
CI'i#V .of Ptinrhester, Virginia
August 15, 1987
Mr. George W. Glaize, Jr.
137 W. Boscawen Street
Winchester, VA 22601
Dear George:
ROUSS CITY HALL
22601
This letter will advise that an ordinance exempting two parcels of
land on Route 50 East fran the provisions of the City Water and Sewer
Rate Ordinance, requiring individual water and sewer services for
property which is divisible by sale, has been presented to Council for
first and second reading. It is presently anticipated that the
ordinance will be adopted at the September Council meeting. Enclosed
for your information is a copy of the proposed ordinance. Please note
that a condition of the exemption will be the execution of a sewer
service/pump station maintenance agreement by the owners of the two
parcels.
A review of the maintenance agreement, as proposed, has been
conducted. It is this office's opinion that the following needs to be
corrected:
• In the second WFUMEAS, the fourth and fifth lines should be
rewritten to read:
"maintenance agreement for the storage tank, pump and sewer
service fran the pump to the City main, all of which
presently serves Tract B;"
The purpose of this insertion is to insure that both parties
acknowledge that the sewer service which runs fran the pump
station, across Route 50, hence east on Route 50 to Purdue
Drive, hence north on Purdue Drive to the City main located at
the intersection of Princeton Drive and Purdue Drive is their
joint responsibility.
• In Paragraph 1, the fifth line, the words "and water line"
should be deleted. Since there is no water line caning fran
that direction, a water line could not be installed in the
easement along the north property line.
• In Paragraph 3, the same modifications to the language as made
under bullet no. 1 should be inserted.
It is also noted that Paragraph 4 of the subject agreement is
acceptable as long as it is understood by all parties that this is an
easement agreement between the two parties, and in no way commits the
City to providing any additional service, other than what is referenced
by this agreement.
"tZhe ,�Pple &Piw"
Mr. George W. Glaize, Jr.
Page 2
August 15, 1987
once final approval of the exception is made, the City will be
glad to work with the property owners in developing plans for the
actual installation of the water and sewer service to Tract A.
Should you desire further information concerning this matter,
please advise.
Sincerely yours,
A��
James W. Givens, P.E.
Public Utilities Director
JWG/cd
Enclosure
AN ORDINANCE EOAPTING TWO PARCELS OF LAND, DESIGNATED AS
TRACTS "A" & "B" - ROUTE 50, EAST ON PLAT DATED 27 MAY, 1987,
BY L. ALLEN EBERT, FROM THE PROVISIONS OF SECTION 12 OF THE
WATER AND SEWER RASE ORDINANCE.
BE IT ORDAINED by the Canmon Council for the City of Winchester
that those certain parcels of land designated as Tracts "A" & "B" on
plat by L. Allen Ebert dated May 27, 1987, copy of which is attached
and incorporated herein by reference, and located just east of the
corporate limits on Route 50 East are exempt fran the provisions fran
Section 12 of AN ORDINANCE PRESCRIBING W2= AND SEWER RATES FOR THE
CITY OF WINCHESTER, VIRGINIA, BEGINNING WITH THE QUARTER ENDING JULY
31, 1987, adopted on June 9, 1987, providing that an ongoing sewer
service/pump station maintenance agreement is executed by the owners of
Tract "A" and Tract "B".
Passed by the Ca -awn Council this day of , 1987.
ATTEST: Patricia B. Ashby APPROVED: Charles M. Zuckerman
Clerk of Council Mayor
�i -+IA « •
M E M O R A N D U M R E Q U E S T
TO: JAY GIVENS
DEPARTMENT OF SANITATION
CITY OF WINCHESTER, CITY HALL
FROM: BOWMAN TRUCKING COMPANY, INC.
FRED L. GLAIZE, III
DATE: AUGUST 6, 1987
The undersigned, Bowman Trucking Company, Inc. and
Fred L. Glaize, III, owners of 6.429 acres, lying along the
Southern boundary of U. S. Route 50, just East of the
corporate limits of the City of Winchester, Virginia, hereby
request an exception to the City of Winchester policy which
states that no two properties divisible by sale can use
common water and sewer lines.
The intent of the parties hereto is to sell a
certain tract of land designated Tract A on the plat
attached hereto, and allow Tract A to share the existing
storage tank and pump located on Tract B as shown on the
attached plat.
BOWMAN TRUCKING COMPANY, INC.
B 4JA�
BOWMAN, PRESIDENT
COUNTY of FREDERICK
P.O. Box 601 - 9 Court Square
Winchester, Virginia 22601
Billy J. Tisinger
21 South Loudoun Street
Winchester, Virginia 22601
COUNTY of FREDERICK
August 6, 1987
George W. Glaize, Jr.
137 W. Boscawen Street
Winchester, VA 22601
Dear George:
John R. Riley, Jr.
County Administrator
703/665-5666
It is my understanding from you that you wish to sub-
divide one lot from the K-Mart parent tract. It is also
understood that you wish to connect to the existing service
at K-Mart and that this request does not require a main
extension.
If all of the above is correct, the County does not
have a problem with the connection. I would advise you to
request formal action from the Board of Supervisors at
their meeting on August 26, 1987. We will need to have
your written request by Wednesday, August 19, 1987 in order
to place it in the Board's agenda.
With kindest regards, I am
JRR/tjp
Sincerely,
ic4n R. Riley, Jr.
County Administrator
o r, n^., 4ni _ Winchester. Vireinia - 22601
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BOWMAN-6LAIZE LAND SUBDIVISION
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