HomeMy WebLinkAboutBrookland Heights Shawnee District - Backfilei
836
THIS DEED.OF VACATION,` made and dated the A day
Ij
of 01 1974, is by and between Roy L. Rudblph and Christine
�i E. Rudolph, his wife; John E. Bunner and Vera J. Bunner, his wife:
Dabney W. Watts, Trustee; the Shenandoah Valley National Bank of Win-
Chester, Virginia; Jerry F. Hoffman and Dorothy M. Hoffman, his wife;
the Farmers and Merchants National Bank of Winchester, Virginia, James L.
Longerbeam and Shelda W. Longerbeam, his wife; Norman W. Garrison and
Shasta B. Garrison, his wife; John L. Scipione and Barbara C. Scipione, his
wife; Richard B. Loy and Annabelle L. Loy, his wife; Jasbo, Inc. , a Virginia
Corporation; James R. Wilkins, Inc. , a Virginia Corporation; James L.
Bowman and Mary Jane Bowman, his wife. Frederick Development Company,
Inc. , a Virginia Corporation-, and Homeland Development Corp. , a Virginia
Corporation.
WHEREAS, the parties hereto are the owners, trustees and beneficia•
ries of all that certain tract of land lying and being situate just East of the
City of Winchester, in Shawnee District. Frederick County, Virginia, known
as Brookland Heights, as shown on the plat and survey thereof of record in the
Office of the Clerk of the Circuit Court for Frederick County, -Virginia, in
Deed Book 377, at page 591, and
WHEREAS, the parties hereto desire to vacate that
plate containing lots Nos. 1 through 5 9 and 60 through 65, as shown on said
plat
NOW, THEREFORE, WITNESSETH: That for and in consideration
�I of It. e premises, the parties hereto, being all of the owners, trustees and
beneficiaries of said land, do hereby vacate that plat of Brook -
land Heights of record in said Clerk's Office in Deed Book 377, at page 591,
whic contains lots Nos. 1 through 59 and 60 through 65 inclusive and
'� them fore the parties hereto do hereby declare that this ?satb W vacation
i
i "mot
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F RIGHT OF WAY AGj&EEMEM
j RA A-61 -A-61-B
I
for anD in QLongiDtration of the sum ofw�_hundrecli_thirty-_� Qv_erjL ($_?7,&QQ__)
• DOLLAas, cash in hand paid, receipt whereof is hereby acknowledged, we/I ________________________
_______Haven M._Wolfe_and Helen M. Wolfe, his wife.
- - -------------------------•-----------------------------
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do hereby grant, convey and warrant unto SHENANDOAH GAS COMPANY, its successors and
assigns, the right to lay, maintain, operate and remove a pipe line for the transportation of gas over
and through ---- tllQJ r----------------- lands in __Shawnee ------ -_- Magisterial District,
____.Fred.eriglk------------- County, State of Virginia, said lands being bounded and described
as follows:
On the North by the lands of -------- :---------------------
On the East by the lands of -------- Klingmmn_______________________________________
On the South by the lands of -------- Klingfnan------------------- __--------------------
On the West by the lands of -------- Walter-An-dems,on_-and.__Qth-er'.e.--__------_
with the right of ingress and egress to and from same.
It is agreed that the gas line to be laid under this grant shall be constructed and maintained
below cultivation, so that Grantors may fully use and enjoy the premises, subject to the rights of
the Grantee to maintain and operate said lines.
The interest of the Grantee in the property covered hereby is to be held subject to the lien and
In accordance with the provisions of the Indenture frqm the Grantee to State Planters Bank &
Trust Company, Richmond, Virginia, Trustee, which has been or will be recorded in the jurisdic-
tion in which the property covered hereby is situated.
The Grantee is further granted the right at any time within ten (10) years from the date hereof
to lay additional pipe lines approximately parallel with the first pipe line laid hereunder and, the
right to maintain, operate and remove such additional pipe lines, upon the payment of the price
above mentioned for each additional pipe line to be laid. Also where necessary and convenient,
Grantee may haul over the above described lands such pipe and material needed in the construction
of the lines on adjoining lands.
Grantee further agrees to pay for any damages that may arise from the construction, mainte-
nance, operation and removal of said lines.
As a part consideration herefor, Grantor shall be permitted to purchase gas from said gas line
for domestic purposes to to be used exclusively upon the herein described premises, said sale and use
to be subject to the rules and regulations of the State Corporation Commission of Virginia. Grantor
shall furnish all equipment and assume all liability for the maintenance and operation of said equip-
ment from the line tap to and including the premises where said gas is used.
The width of right of way herein granted shall not exceed 50 feet.
The Grantor covenants that Grantor has the right to convey the said easement; that the Grantee
shall have quiet and peaceable possession, use and enjoyment of the aforesaid easement of right-
of-way rights and privileges, and that the Grantor will execute such further assurances thereof
as may be requisite.
It is understood that this grant covers all agreements between the parties and no representa-
tions or statements, verbal or written, have been made modifying, adding to, or changing the terms
of this agreement.
Witness the following signatures and seals this the _ — -_ day. of ----_`_'Z----- - --- - - -
\
(SEAL)
c � -
�L- ------ ----- (SEAL)
----------------------------------------(SEAL)
----------------------------------------(SEAL)
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STATP' OF-_.__..V.irRinia ---- --1
To -Wit:
I'
COUNTY OF ...._ _rede.rldt------- -------------
1
))))
Ear.] S__Bailey ------ -__-_-_ a Notary Public in and for the County and State afore-
said, do certify that ......Ha_v_en yhi _Wu1f e_ and-1 olen _M Wolfe ___ _ __-.__-,_____-_--.--__-
----- -------------------------------------------------------------------------------------------
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________________________________________________whose name5__APn_ signed to the writing above,
bearing date the _-6____ day of --January --------------- 10- _, ha Ve this day acknowledged
the same before me in my said County.
Given under my hand this:.1�e _-_----- y r y ___-- day of _--January -__-_-- _-, 1� C7 M commis-
sion expires _ 8
Notary Public.
STATEOIL. -..__ -----------------------------
- - To -Wit:
COUNTYOF ------------------------------- ---
I, ------- I_ ---------------------------, a Notary Public in and for the County and State afore-
said, do certify that -------------------------------------------------------------------_-..___-
-------------------------------------------------•-------------•.__ -------------------------------
---------------------------------------------------------------- ----------------------------------
----------------------------------------------- . whose nnme-------- signed to the writinp above,
bearing date the -------- day of ____...,------------------------ 19____, ha ---- this day acknowledged
the same before me in my said County.
Given under my hand this the ---------- day of -------------------------- My cone» is-
sion expires ------------------------------, 18----.
----------- ------ ---- I ---------------------
Notary Public,
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RIGHT OF WAY AGREEMENT
R/W A-61 A-61-B
for anti in Conoinewtion of the stilt, of Two hundred thirty-seven (s237r00 )
DOLLARS, cash in hand paid, receipt whereof is hereby acknowleclgod ,vc,'I Haven M. Wolfe and Helen M. Wolfe,
his wife
do hereby grant, convey and warrant unto SHENANDOAH CAS COMPANY, its successors and assigns, the right to lay, maintain,
4
operate and remove a pipe line for the transportation of gas over an(] through their lands in
Shawnee Ifagisterial. District, Frederick Colony, State of Virginia, sail( lands
_
being bounded and described as follows:
On the North by the lands of Route 659
On the East by the Iands oil Klingman
On the South by the l:uxls of Klingman
On the West by the lands of Walter Anderson and others
with the right of ingress and egress to and from came.
It is agreed that the gas line to be laid. under this grant shall be constructed and maintained heloty cultivation, so that Grantors
may fully use and enjoy the premises, subject to file rights of the c4rautee to maintain and operate said lines.
The interest of the Grantee in the property covered hereby is to be held subject to the lien and in accordance with the provisions
of .the Indenture from the Grantee to. State Planters Bank & Trust Contpatiy, Richmond, Virginia, Trustee, which has been or will
`
d be recordein the jurisdiction in which the property covered hereby is situated.
.'
The Grantee is further granted the right at any time within ten (IO) gears from the date hereof to lav additional pipe line,
agproimatelyparallel with the first pipe line laid hereunder and. the right to maintain, operate and remove such additional pipe
lines, upon the payment of the price above mentioned for each add it Tonal pipe line to be laid. Also where nccessary and convenient,
'Grantee may haul over the above described lands such pipe and material needed in the construction of the lines on adjoining (ands. -
- _
�'Grantee further agrees to pay for any damages that may arise From the construction, maintenance, operation and removal of said.
lines.
As a part consideration herefor, Grantor, shall. be, permitted to purchase gas from said gas litre for domestic purposes to be used.
exclusively upon the herein described premises, said sale and use to l,e subject to the rules and regulations of the State Corporation
F
C-uinmission of Virginia. Grantor shall. furnish all equipment and assume all liability for the maintenance and operation of said
equipment from the line tap to and including -the premises where said gas is used.
vridth of right of way herein granted shall not exceed 50 feet.
' Y The Grantor covenants that Grantor has the right to convey the said easement; that the Grantee shall have quiet and peaceable
possession, use and enjoyment of the aforesaid easement of right-of-way rights and privileges, and that the Grantor -will execute sites
further assurances thereof as may be requisite.
It is„.inderstood that this grant covers all agreements between the patties and no Eel>resentations or statements,
verbal or. i7 it
41
ten, have been made modifying, adding to, or changing the terms of this agreement.
' Witness the following :signatures and seals this the 6th day of January
1955 •.
}
HAVENM. WOLFE __
_
(SEAL)
...-----
.
--HELEN. M. W(--LFE-----....................
......._(SEAL)
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L
.; .
------------- ---------------------------------------- ----------
--:.. (SEAL)
'-
(SEAL)
---------------------------------..................... ................
.......... (SEAL)
STATE OF Virginia l
:ry
` To -Wit:
COUNTY OF Frederick
Earl S. Bailey , a Notary Public in and for the County and State aforesaid,
do certify, that
d
Haven M. Wolfe and Helen M. Wolfe
whose namne $ 8I'e signed to the itrriting above, bearing date the 6 day of January19
hc5�
hag this day acknowledged the same before me in my said Conntti.
r -
Given under my hand this the 6 day of January 19 SJ
11v commission
x
`
eXpires September 30 , 19 58-
EARL S- BAILEY
(SEAL)
Notary Public:
x :x.
OF
-
-��� o-it :
(STATE
-
CO IJ NT Y OF
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I, a- Notary Public in and for the County and State aforesaid,
do'ceidify that
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whose name signed to the writing above, bearing date the day of
19
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ha this clay acknowledged the same before me in tnv said Cotmty.
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Given under my ]land this the clay of 19
,ltv commission
«4
e:r Tres 19
VIRGINIA
FtEDERICK CQtNTY�, ,(SCT. ------------------------------------------------- --
-.-------
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NotarPublic.
' -
This instrument of writing was produced to' me on the
28th day of
at 10 05 A M. and with certificate of acknowledgment thereto annexed
n•...4
„January.19.55
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G W. CLIFFORD & ASSOCIATES, INC.
Mr. Bill Lam
Virginia Department of Transportation
Box 278
Edinburg, Virginia
22824
20 South Cameron Street
P.O. Box 2104
Winchester, Virginia 22601
703-667-2139
February 23, 1988
'Re: Brookland Heights Townhouses
Valley Mill Road, Frederick County, Va.
Dear Bill,
Thank you for our meeting at this site the other day, where we measured site distance for
the main entrance to the project. Attached is a revised plan showing the relocated entrance
meeting the Highway Department site distance regulations.
As discussed, we strongly suggest that consideration be given to the original plan by the
Virginia Department of Highways. Even though a reduction in site distance to the West is
experienced, it represents an ideal future connection for what may be a roadway connection between
the Senseny Road and Valley Mill Road sections of Frederick County. This connection could also
proceed to a ninety degree intersection with the main Regency Lakes roadway, which is a proposed
stop light location. We are attaching a rough sketch of a proposed route, also for your information.
The offset you request, on our revised plan, would eliminate any further consideration of this road
satisfying such a need.
We are proceeding to final plans in Frederick County, based on the location you have
approved on Wednesday. If you or your site location department would like to reconsider our
earlier proposal, we would be pleased to consider modification of this route during the final site
development plan stage for this development. We might note that development planning is
proceeding for final approval of plats during April of 1988.
We appreciate the opportunity to discuss long term planning for roadways in Frederick
County with you and if we can be of additional service, please call.
Sincerely yours,
.01
-'
'Charles E. Maddox, Jr., P.E.
Vice President
Enclosure
CEM,Jr/psp
ac/ Mr. Steve Gyurisin
Mr. Jim Bowman
Mr. Fred Glaize
BKUUKLaAD Heights
Shawnee District
_._ SUBD 6/21/71
V-40-w -o