HomeMy WebLinkAboutCather Tracts Rt. 654 A-2/5 Gainesboro District - Backfilejrrbrrirh Tauntg
rVartment of TIannirts anb Bz&e ayntent
H. RONALD BERG 7J Ik J u / 8'
PLANNING DIRwarox
ZONING A INL. SR.%TOR m e m o r a n u m4' p
ZONING ADM{NtSTRATOR
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Winchester -Frederick Health De
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9COURT' SOUARS
WlInCHESTM V1-4eGiT/3A 2260r
Mr. Kauchak V
Virginia Department of Highways and ATTN Mr. R. C. King
Department of Public Works ATT?: Mr. S. pangle
,
Parks and Recreation fir. N. Cheeley
ATTIT
FROM: Dorothea L. Stefen, Acting, Director
Date 8/6/79
SUBJECT:
Review comments on Conditional Use Permit X Sul divis-ion
Rezoning Site Plan.
We are reviewing the enclosed request by
Garland R. & Louis Cather
or their representative 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:
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.ROUTE 654
Ther'Above Plat - AMMENDED DIVISION - Lots 5 & 6 - Cather Liots
Section 2 -- Deed Book 466 Page 421 - is a Survey of a Portion af the Land`
conveyed to Garland R. Cather and Louise Cather by Deed dated 12. December
1966 in Deed Book 328 Page 373. The said Land fronts the. Northves tern
Doundary Line of Woodchuck Lane — Route 654, and lies in Bark Creek
District, Frederick County, Virginias
3eginning.at an iron pin (found) in the Northwestern Boundary, Line
of Route 654,"a corner to Lot 4 - Section 1, running with the said Barundary
Line S 370 53 • 551, W - 480.00 ft. to an iron pin (found) corner to Lot 71
thence With the* 1.1:ortheastern Line of the said Lot h 520 06. 05'• W
333.34 ft. to an iron pin (found) in the Southeastern Line of the Cather�
Land; thence with the said Line N 37o 53 • 55•r E - 480.0 ft. t0 an iron pin
(found) corner to the said Lot 4; thence with the Southwestern
Line of the said Lot S 520 06. 05" E 333,34 ft. to the.
beginning.
Containing - - 3.6732 Acres
Surveyed - - December 11, 1978 o LEE A. E$ERT'-
V E: 1RTIfICAFL KM a"' �
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iIRG'NIA FREDERiCK COUNTY. SGT.
7hi, Initrun'ie, nntt of wrl�ting was produced to me on the
3t ..�� ,'�:�L_! 'yam.. and with certificate of eckmModg nt ttwoto:arIXp ad ym adz ttied -
to record. _
671
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#705
CERTIFICATE OF SUBDIVISION
GARLAND R. CATHER, ET UX
671
THIS CERTIFICATE OF SUBDIVISION made and dated this 12th day of
March, 1979.
WITNESSETH: That the undersigned, Garland R. Cather and Louise S.
Cather, his wife, comprising all of the owners and proprietors of the land
embraced within the subdivision shown on the annexed Plat, do hereby certify,
pursuant to the Laws of the Commonwealth of Virginia and the Ordinances of
Frederick County, Virginia, relating to, and governing, subdivisions, that
the said annexed Plat identified as &2� ENDED DIVISION - LOTS 5 & 6 CATTIER
LOTS - SECTION 2, shows accurately the corners, lines and metes and bounds
of the respective lots therein, and that said subdivision has been made, and
is submitted for recordation, with the full and free consent, and in accord-
ance with the desires, of the undersigned.
It is further certified that the land embraced within said sub
division comprises Lots 5 & 6 on the Plat of CATHER LOTS SECTION 2, which
is of record in the Clerk's'Office of the Circuit Court of Frederick County,
Virginia, in Deed Book No. 466, page 424, and further comprises a portion
of the land that was conveyed to the undersigned by Garland. R. Gather, et
al, by deed dated December 12th, 1966, and of record in the aforesaid
Clerk's Office in Deed Book No. 328, page 373.
It is further stipulated that the lots in this subdivision are,
and shall hereafter be, subject to the following restrictive conditions,
which are hereby declared to be covenants real running with the land:
1. Said lots shall be used for residential purposes only.
2. That no multiple family duelling house may be erected thereon.
3. That not more than one dwelling house may be erected on any lot.
4. That no unlicensed motor vehicle may be permitted to remain
on any of said lots for more than thirty days.
Witness the following signatures and seals. '
Seal)
(Seal).
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ROUTE 654 40 R/ W�r c E `A.1;
CATTIER TRACTS- RT. 654 ~'
t
GAMESBORO DISTRICT �,�"48 `
FREDERICK COUNTY, VA.'
300' APRs L 20, 1976
O- IRON PIN
I ') te.
THIS DEED made and dated this . 6 day of February, 1977, by
land between Garland R. Cather and Louise S. Cather, his wife, parties of the
first part, and James D. Bennett, Sr., and Shirley Ann Bennett, his wire,
parties of the second part.
WITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00) cash in hand paid, and other good and valuable consideratio
the receipt of all of which is hereby acknowledged, the said parties of the
first part do hereby grant, sell, and convey, with general warranty of title
unto the parties of the second part, as tenants by the entirety, with common
law right of survivorship, a certain lot or parcel of land containing Five
(5) Acres, more or less, together with all rights, rights of way, privileges
and appurtenances thereto belonging, lying and being situate about two miles
North of White Hall, in Gainesboro District, Frederick County, Virginia, and
being a portion of that certain larger tract or parcel of land that was con-
veyed to the said Garland R. Cather by Clarence J. Sirbaugh, et ux, by deed
dated June loth, 1975, and of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia, in Deed Book No. 446, page 428, and
further being the same land identified and designated as Parcel No. 5 in the
division survey of "CATHER TRACTS - Rt. 654", a plat and metes and bounds
description of which, made by Lee A. Ebert, Surveyor, is attached to, and
by this reference incorporated in, this deed.
And for the same consideration the parties of the first part
do further grant unto the parties of the second part, as tenants by the
entirety, with common law right of survivorship, a right of way for ingress
and egress to and from the within conveyed land over and upon that certain
sixty (69) foot right of way extending Southeastward from Virginia State
Secondary Highway No. 654, as shown on said plat, which right of way is to
be used and enjoyed in cormnon with the said parties of the first part, their
heirs and assigns, and any and all other person or persons now having, or
hereafter acquiring, a right to the use thereof.
It is ixpressly stipulated that said land is conveyed subject to
" all applicable, or legally enforceable, easements, if any, of record affect-
ing same.
Except as noted above the aforesaid grantors covenant that they
have the right to convey the said land to the aforesaid grantees; that the
said grantees shall have quiet possession of the said land, free from all
encumbrances; that they have done no act to encumber the said land; and tha
they will execute such further assurances of the said land as may be requis
Witness the following signatures and seals.
-4, 4--(Sea
^z�L �'•� (Sea
State of Virginia
County of Frederick, to -wit:
a Notary Public in and for the
County of Frederick, in the State of Virginia, do hereby certify that Garls
R. Cather and Louise S. Cather, his wife, whose names are signed to the foi
going writing bearing date of February, 1977, have personally appeal
before me, in my County aforesaid, and acknowledged the same.
Given under my hand this ii Lk day of February, 1977.
My commission expires �JY�c�-�r��- .� ) ) q W 0
'e)� , - eL'z�'
Notary Public
79
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ROUTE 654-40 R/ w LEE A. ERT'-
�
LATHER TRACTS- RT. 654 asa
"RT484IFICA
GAINESSORO DISTRICT ���'y +°a
FREDERICK COUNTY. VA.LAND r�♦�
I": =1 — APR 1 L M 1976
O- IRON PIN
80 .
BOCK 470 FAu. LG
The Accompanying Plat is a.DIVISION SURVEY of the Eastern Portion
of the Land Parcel "B" - conveyed to Garland R, Cather by Deed dated
10 July 1975 in Deed Hook 446 Page 428. The said Portion lies East of
Route 654, in Gainesboro District, Frederick County, Virginias
Beginning at an iron pin in. -the Northern Boundary Line of the Central
Valley Production Credit Assoc. Land, the Southeastern corner of the
Lockhart Conveyance, running with the two following Northern Lines of the
said Land S 730 32' 49" E - 154.07 ft.1 thence S 720 17' 4911 E - 925.85
ft, to an iron pin corner to the Nethers Lands thence with the two following
Lines of the said Land N 400 31' Oa--,E - 1,201,02 ft; 'to a post] thence
N 450 49' 19" W - 654.54 ft, to an iron pin corner to the Retained Fortions
thence with the two following Lines of the said Other Land S 430 08' 30" W
- 955.02 ft. to an iron pin in the Northern Line of the 60.0 Ft. IW , and
continuing S 430 08' 30" W - 985.69 ft., Ii, ALI., to a stake in the Center
Line of the said R/W1 thence with the said Center Line N 600 301 W - 500.71
ft. to a stake corner to the said Lockhart Conveyances thence with the
Eastern Line of the said Land S 070 W - 32,47 ft. to an iron pin, and
continuing S 070 W - 715.91 ft., IN ALL, to the beginning.
Containing - - 33.25 ACRES
.: .tom•
Also shown on the Plat is the 60.0 Ft. ~• `y �r Or .
R/W Extending
Southeastwardly from Route 654 across the Northern 30.0 Ft.!'. �•'�
Portions of the said Lockhart Conveyance and Tracts 1 & 2,4� :Y
across the Southern 30.0 Ft, Portions of the Retained
Portion and Tracts 6 6 5 and across the Western Portions %.
(60.0 Ft. R.) of Tracts 3 & 4.
Surveyed - - April 20, 1976
V.R3:4L4 F13.1?D., :iLC:{ CJU,Iff,
TLis instrument of writing was pzoduced to me a" t-e
/ FA,1-7 d.iy of �,t.� :C [.z-t.t�� , 19_'9? . , at YJ oSr��-.'t
and with cartiiicata of acknoC3dgmeat thereto anal cal .v..j
ad:nittad to record. Tax ,u}aasad oy Sic. jd-j4.1 of
$ 7. �� , and 53-54 have been paid, if a .se s.,v_
•
77
4 1 1• i i 1 1 1 1�� ... 1 *��* {. 1 .k� 1 1 1 1 1 1} ��..�..L J..�� � `��_
i #496 * '
GARLAND R. GATHER, ET UX_
TO: .. .. -DEED
i
JAMES D. BENNETT, SR., ET UX
a^rr 470 FvE 77/
THIS DEED made and dated this = day of February, 1977, by
and between Garland R. Cather and Louise S. Cather, his wife, parties of the
first part, and James D. Bennett, Sr., and Shirley Ann Bennett, his wife,
parties of the second part.
WITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00) cash in hand paid, and other good and valuable consideration,
the receipt of all of which is hereby acknowledged, the said parties of the
first part do hereby grant, sell, and convey, with general warranty of title,
unto the parties of the second part, as tenants by the entirety, with common
law right of survivorship, a certain lot or parcel of land containing Five
(5) Acres, more or less, together with all rights, rights of way, privileges
and appurtenances thereto belonging, lying and being situate about two miles
North of White Hall, in Gainesboro District, Frederick County, Virginia, and
being a portion of that certain larger tract or parcel of land that was con-
veyed to the said Garland R. Cather by Clarence J. Sirbaugh, at ux, by deed
dated June loth, 1975, and of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia, in Deed Book No. 446, page 428,.and
further being the same land identified and designated as Parcel No. S in the
division survey of "CATHER TRACTS - Rt. 654", a plat and metes and bounds
description of which, made by Lee A. Ebert, Surveyor, is attached to, and
by this reference incorporated in, this deed.
And for the same consideration the parties of the first part
do further grant unto the parties of the second part, as tenants by the
entirety, with common law right of survivorship, a right of way for ingress
and egress to and from the within conveyed land over and upon that certain
sixty (60) foot right of wait extending Southeastward from Virginia State
Secondary Highway No. 654, as shown on said plat, which right of way is to
be used and enjoyed in common with the said parties of the first part, their
heirs and assigns, and any and all other person or persons now having, or
hereafter acquiring, a right to the use thereof.
It is [xpriessly.stipulated that said land is conveyed subject to
all applicable, or legally enforceable, easements, if any, of record affect-
ing same.
8
Catherr Tracts Rt. 654
Subd
GAINEBORO DISTRICT 5/20/77