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DAVID B. HOLLIDAY, BT AL
• tQhq TO. DIED OF VACATION & FMM3DIVISION
3030-C. IGINDA A. Li MN
NOV 14 1984
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THIS DEED OF VACATION AND RESUBDIVISION made and dated
this 14th day of November, 1984, by and between DAVID B. v
HOLLIDAY, divorced, party of the first. part, and LUCINDA A.
LUPTON, party of the second part, and the COUNTY OF FREDERIM,
VIRGINIA, party of the third part.
WHEREAS, by Deed of Dedication, dated March 9, 1984, of
record in the Office of the Clerk of the Circuit Court of
Frederick County, Virginia in Deed Book $73 at Page 23, the party ,
of the first part subdivided a certain tract of land lying and
being situate on the East side of Broad Street and more particu-
larly described by survey of H. Bruce Edens, C.L.S., dated (!
November 1, 1983, and by this reference made a part hereof as if
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set out in fulls and,
WHEREAS, by deed dated March 23, 1984, of record 'in -the
aforesaid Clerk's Office in Deed Book 573 at Page 254, David B.
Holliday, at al, conveyed Lot No. 2 of said subdivision to the O
party of the second parts and,
WHEREAS, it is the desire of the party of the first part
and the party of the second part to vacate that certain resub-
division of Broad Avenue of record in the aforesaid Clerk's
Office in Deed Book 573 at Pages 23-24, and the party of the ;
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first part and the party of the second part do hereby resubdivide
the aforesaid subject land into Lots 1, 2 and 3, as sh n on, that
certain plat drawn by H. Bruce Edens, C.L.S., dated ,
1984, attached hereto and by. this reference made a part ereof as
if set out in full, and said vacation, platting and resubdivision
is with phe free consent and in accordance with the desires of
the undersigned owners.
NOW, THEREFORE, WITNESSETHt" That for and in considera-
tion of the mutual benefits to be derived therefrom, the parties
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agree that the plat of subdivision of record in the aforesaid
Clerk's Office in Deed Book 573 at Pages 23-24, is hereby vacated
and in its place and stead the subject land is resubdivided into
Lot 1, containing 18,739 Square Feet, Lot 2, containing 20,420
Square Feet, and Lot 3, containing 17,359 Square Feet, and more
particul ly shown on the plat drawn by H. Bruce Edens, C.L.S.,
dated 21 1984, attached hereto and by this reference
made a part ereof as if set out in full.
The above and foregoing vacation and resubdivision of
land by the party of the first part and the party of the second
part, as appears on the aforesaid attached plat, is with the free
consent and in accordance with the desires of the undersigned
owners and approved by Frederick County, Virginia, which consent
is exhibited on the attached plat.
WITNESS the following signatures and seals:
SEAL)
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LUCIN A A. LUPTON �-
STATE OF VIRGI IA, G(.J'���
OF . TO-WITt
I, , a Notary Public in and for
the State and jurisdiction of -said, do hereby certify that
DAVID B. HOLLIDAY, divorced, and LUCINDA A. LUPTON, whose names
are signed to the foregoing Deed of Vacation and Resubdivision,
dated November 24, 1984, have personally appeared before me and
acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this day ofNeve"a 1984.
UAL
My commission expires
OTARY PUBLIC
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THIS DEED made and dated this 15th day of July,
1996, by and between CHADWICR H. M OSBY, Unmarried, of the one
part, hereinafter called the Grantor; and, TINA L. CANEZ, of
the other part, hereinafter called the Grantee.
WITNESSETH: That for and in consideration of the
sum of Ten Dollars ($10.00), and other good and valuable
consideration, the receipt of which is hereby acknowledged,
the Grantor does hereby grant and convey with general warranty
and English covenants of title, unto the Grantee, in fee
simple, all that certain lot or parcel of land, together with
all rights, rights of way and appurtenances thereto belonging
and improvements thereon, lying and being situate on the East
side of a right of way known as Broad Avenue, just South of
Senseny Road in Shawnee District, Frederick County, Virginia,
and more particularly described as LOT 1, containing 184739
Sq. Ft., by plat and survey of H. Bruce Edens, C.L.S., dated
July 20, 1984, attached to and made a part of that certain
Deed of Vacation and Resubdivision dated November 14, 1984, of
record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book 586, Page 894, and further
described by survey of Charles E. Walls, Jr.. L.S., dated
July 3 , 1996, attached hereto and as a part hereof.
It is hereby provided, however, that the public shall not be.
deemed to have a right to use or possession of that certain
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"Existing 20' Wide Private R/W11 shown on said plat crossing
Lot 1 of BROAD AVENUE SUBDIVISION". This is the same property
conveyed to the Grantor herein by Deed dated February 4, 1985,
from David B. Holliday, Divorced, said Deed of record in the
aforesaid Clerk's Office in Deed Book 589, Page 344.
This conveyance is made subject, however, to all
rights, rights of way and easements of record and legally
enforceable restrictions, if any, affecting the aforesaid
property.
WITNESS the following si4n tures an seals:
d/%� (SEAL)
Chadw ck H. M ey
COMMONWEALTH OF VIRGINIA, AT -LARGE,
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me
this slaj
day of July, 1996, by Chadwick Hi, Massey,
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Unmarried, q
My commission expires
tary Public
VIROINIA.• FREDERICK COUNTY. SCT.
This Instrumen wrlNnp was r duced to me on the
day of Vray
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;nd with certiflc of cknowledgment thereto annexed
WAS OCIF19ed b record. Tax Imposed by Sec. $8.1-002 of
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and 58.1.801 have been pale, 11 eseeeeabie.
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LOT 1 18,739 SO. FT.
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SANITAKY I
MANHOIr
ROUTE 1, BOX 1195 - HARPERS FERRY, WEST VIRGINIA - (304)725-0580
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
703/662-4532
December 16, 1983
Mr. Dave Holiday
P.O. Box 2715
Winchester, Virginia 22601
Dear Mr. Holiday:
This letter is to confirm the Frederick County Board of Supervisors'
action at their meeting of December 14, 1983:
Approval of the Broad Avenue Subdivision by Dave Holiday to subdivide
and develop three single-family detached housing lots, zoned
Residential Performance and located in the Shawnee Magisterial
District.
,lobcl) vas low
If you have any questions regarding your candi
please do not hesitate to call me.
Sincerely,
l- -
n T. P. Horne
ector
JTPH/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia
Broad Avenue Subdivision
David Holiday
3 Lots, Zoned Residential Performance
LOCATION: Broad Avenue, South of Senseny Road.
MAGISTERIAL DISTRICT: Shawnee
PROPOSED USE AND IMPROVEMENTS: Subdivide and develop three single-
family detached housing lots.
REVIEW EVALUATIONS:
Virginia Dept. of Highways and Transportation - No comment. No
additional roads to be constructed.
Sanitation Authority - Sewer and water service is available to
the proposed subdivision.
Greenwood Fire Company - Good water supply and response time in
this area, therefore, no objections.
Planning and Zoning - The Master Development and Open Space have
been waived by the Administrator due to the small size and nature
of this subdivision. The Final Subdivision Plat will, therefore,
be forwarded to the Board of Supervisors for their review and
approval.
STAFF RECOMMENDATION: Approval
PLANNING COMMISSION RECOMMENDATIONS: Approval, by unanimous vote.
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
MEMORANDUM 703/662-4532
TO:
Highway Department ,ATTN: Mr. William Bushman
Sanitation Department V, ATTN: Mr. Wellington Jones
Planning Department , ATTN: Mr. John T. P. Horne
Zoning Department , ATTN: Mr. Stephen Gyurisin
Greenwood Fire Company ATTN: Mr. Walt Cunningham
FROM: John T. P. Horne, Director �J e
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DATE: November 9 1983
N0` ? %3
SUBJECT: Review Comments on a subdivision
I?v
We are reviewing the enclosed request by Dave HollidaY7667� 120). �
Will you please review the attached and return your comments to me as
soon as possible.
--------------------------------------------------------
'Q
This space below should be used for your review comme
O`
Sewer and water service is available to proposed subdivision. �`C` 1983
Signature
9 Court Square
P.O. Box 601 -
Date // /Q -.K?-
Winchester, Virginia
:S
- 22601
COUNTY of FREDERICK
IDepartment of Planning and Development
John T.P. Horne - Planning Director
Stephen M. Gyurisin - Deputy Director
MEMORANDUM 703/662-4532
TO:
Highway Department , ATTN: Mr. William Bushman
Sanitation Department , ATTN: Mr, Wellington Jones
Planning Department
, ATTN:
Mr.
John T.
P.
Horne
Zoning Department
, ATTN:
Mr.
Stephen
Gyurisin
Greenwood Fire Company , ATTN: Mr. Walt Cunningham
FROM: John T. P. Horne, Director
DATE: November 9, 1983
SUBJECT: Review Comments on a subdivision
We are reviewing the enclosed request by Dave Holliday (667-2120).
Will you please review the attached and return your comments to me as
soon as possible.
This space below should be used for your review comments:
Signature Date
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
COUNTY of FREDERICK
I� N�V Department of Planning and Development
�,v�� ,� John T.P. Horne - Planning Director
'� Stephen M. Gyurisin - Deputy Director
V F P�ppME�j �° MEMORANDUM
703/662-4532
Sx NIA
TO:
Highway Department ATTN: Mr. William Bushman
Sanitation Department
, ATTN:
Mr.
Wellington Jones
Planning Department
, ATTN:
Mr.
John T. P. Horne
Zoning Department
ATTN:
Mr.
Stephen Gyurisin
,
Greenwood Fire Company
l.� , ATTN:
Mr.
Walt Cunningham
FROM: John T. P. Horne, Director
DATE: November 9, 1983
SUBJECT: Review Comments on a subdivision
We are reviewing the enclosed request by Dave Holliday (667-2120).
Will you please review the attached and return your comments to me as
soon as possible.
-------------------------------------------------------------------------
This space below should be used for your review comments:
c �
Signature Date /
r
venue Subdivision
oliday Shawnee