HomeMy WebLinkAboutEmerson Corporation Shawnee District - Backfile,`�re�.ert.c� (1�onntp
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P. O. Box 601
DIRECTOR 9 COURT SQUARE
JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601
M E M O R A N D U M
TO: Frederick County Planning Commission
FROM: John T. P. Horne, Director ff(1�
SUBJECT: Subdivision Request of Emerson Corporation
DATE: February 24, 1982
Enclosed you will find a small plat of property owned by the Emerson
Corporation located immediately behind Bigman's Restaurant on Route
522 South. This property is the property upon which the Planning
Commission has approved the site plan for the Building One
Partnership. On the site plan that was approved, you will notice
that the property was, at that point, in two pieces being a remaining
portion of Lot #1 and the entire Lot #2. The encloser plat will
vacate the original lot line and combine the remaining portion of Lot
#1 with Lot #2 to create a lot of approximately 43,720 square feet.
This plat will be submitted to the Board of Supervisors for their
approval. There has been no review by reviewing agencies, in that
that review has been completed at the time of site plan approval and
this final plat approval is a incidental administrative matter.
If you have any questions prior to the meeting on March 3, please do
not hesitate to contact me.
JTPH/rsa
Enclosure
703/662-4532
FINAL PLAT
OF A PORTION OF THE LA14D OF,
EMERSON CORPORATION
SHAWNEE MAGISTERIAL DISTRICT,
FREDERICK COUNTY, VIRGINIA
FEBRUARY 22, 1982
�r
his
o PS•
LOCATION MAP
FREDERICK COUNTY
Board of Supe ry i s
SCALE: / s t000'
Planning Commission
Subdivision Administrator
VIRGIhIA Department of Highwe
Owner's Certificate
APPROVED BY:
• Date;P/��.
Date:
Date:
s Date:
The above and foregoing subdivision of a portion of the land
of Emerson Corporation as appears in the accompanying plat is with
the free consent and in accordance with the desires of the undersigned
owners, proprietors, and trustees, if any.
Surveyor's Certificate
I here by certify that the land contained in this subdivision
is a portion of the land conveyed to Emerson Corporation by deed
dated I August 1977 and recorded in the Frederick County Court Clerk's
Office in Deed Nook 478 at Page 340.
H. :-ruce i_dens C.
tZEEiVV1 Y [i 6iidEERN & SiII =Eti'Eil6 EQ., INIC.
P. 0. Box 666
Winchester. Va.
NORTH�—
OLD V. S. ROUTE 522
irw-x w t - Zia. eu
-- -- — — — - ---------
i
C I� g jp I
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\ S 0I ° 36'DO "W - 2I8. 60'
GAF \ \ B/GGS
FINAL PLAr
OF A PORrION OF 7NE LAND OF
EMERSON CORPORATION
I HEREBY CERTIFY THAT THIS BOUNDARY
SHAWNEE DlsrRcr, FREDERICK CO. VIRGINIA
SURVEY, TO THE BEST OF MY KNOWLEDGE
SCALE I"= ILIA' FEBRUARY M, I9W
AND BELIEF, IS CORREif AND COMPLIES
WITH THE PROCEDURES AND
Pnipoi° Or
STANDARDS E T; _iSHED 8Y THE VIRGINIA
GREENWAY ENGINEERING a SWVEnNG CC .,--
STATE BOH" OF ARCHITECT, PRO.
Po. eox
= FESSIOir,. E`- �,!NEEP,S, LAND SURVEYORS,
W/NCNESTER VIRG/RG/MA
'
AND CEP- r ' LD, LANDSCAPE ARCHITECTS.
WINCHES ER, VIRGINIA
N. BRUCE EVENS i
CERTIFICATE NO.
54-17-3 (a)965
54.17.3 (b)162
y�4
T��'�D
LAND
The accompanying plat represents a survey of a portion of Lot #1 and
all of Lot #2, Garber's Subdivision. The said subdivision being a portion
of the land conveyed to Emerson Corporation by deed dated 1 August 1977 and
recorded in -the Frederick County Court Clerk's Office in Deed Book 478, at
Page 340.
The said land fronts the Eastern Right -of -Way line of Old U.S. Route 522
approximately 152.40' North of the intersection of New U.S. Route 522 in Shawnee
District, Frederick County, Virginia and is bounded as follows:
Beginning at a point in the Eastern Right -of -Way line of Old U.S. Route
522 and a corner to the Emerson Corporation; thence with said Emerson Corp-
oration; S8802410011E - 200.00' to a point corner to Emerson Corporation and
in a line of Biggs; thence with Biggs SOr 36'00"W - 218.60' to a point corner to
Biggs and in a line of Garber; thence with Garber N88024'00"W - 200.00' to a
point corner to Garber and in the Eastern Right -of -Way line of Old U.S. Route
522; thence,with said Right -of -Way line of Old U.S. Route 522 NOr 36'OO"E -
218.60' to the beginning.
Containing............ 43,720. Sq. Ft.
February 22, 1982
6REEMAY c _UILERtDS & �' VI -LYING CO., INC.
P. 0. Box 666
Winchester. Va.
Op
8 �v.
Ru C E PIN S,
V CERTIFICATE No.
54 17-3 (a)965
5417-3 (b)162
LAND SU��1
FINAL FLAT
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e` 4*o
� ytt
o aS.
e JS•
LOCAT/ON MAP
OF A PORTION OF THE LAND OF,
EMERSON CORPORATION
SHAWNEE MAGISTERIAL DISTRICT,
FREDERICK COUNTY, VIRGINIA
FEBRUARY 22, 1982
SCALE: I "r000,
APPROVED BY:
FREDE R I CK COUNTY
Board of Supervi or
Planning Commis i n•�
Subdivision Administrator
V I RG I N IA Department of Highways
Date; "9�2_
Date
_z9"-� ate:J/,7/9z
Date •
0
Owner's Certificate
The above and foregoing subdivision of a portion of the land
of Emerson Corporation as appears in the accompanying plat is with
the free consent and in accordance with the desires of the undersigned
owners, proprietors, and trustees, if any.
Surveyor's Certificate
I here by certify that the land contained in this subdivision
is a portion of the land conveyed to Lmerson Corporation by deed
dated I August 1977 and recorded in the Frederick County Court Clerk's
Office in Deed .gook 478 at Page 340.
H. ! ruce i_dens C.
UEENWAY EN'Ud-NEERNG & SUR' E" iNIG CO.,- INC.
P. 0. Box 666
Winchester. Va.
10
WOMN--
OLD V. S. ROUTE
gz
\ J I 45, 720 sq. N.
\
G \
�s
\ SO/°3
\
a
I HEREBY CERTIFY THAT THIS BOUNDARY
SURVEY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, IS CORRECT AND COMPLIES
WITH THE MINI''.J;:4 PROCEDURES AND
STANDARDS E Ti:_' ISWED BY THE VIRGINIA
STATE BOAR OF ARCHITECTS, PRO-
FESSION4'L FN31 EERS, LAh.D SURVEYORS,
AND CEP.' ! F' :E G LANDSCAPE ARCHITECTS.
AK .FOP,+-L C.L.S
WINCHES FR, VIRGINIA
S/OOS
522
I
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I
I
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I
I
i
i
I
FINAL PLAT
OF A PORTION OF 7NE LAND OF
EMERSON CORPORATION
SHAWNEE DISTRICT, FREDERex CO. V/RG/N/A
SCALE /"= /00' FENRUARr 22, /98?
P-pa-d by
GREEMI'AY ENGINEERING B $WvEr/NG CO.,IIG
P.O. BOX "s
W NCMMER, V/RG/MA
UIL mucl Dun
CERTIFICATE NO.
54.17-3 (a)965
k�A-17-3
(b)162£� LAND
The accompanying plat represents a survey of a portion of Lot #1 and
all of Lot #2, Garber's Subdivision. The said subdivision being a portion
of the land conveyed to Emerson Corporation by deed dated 1 August 1977 and
recorded in -the Frederick County Court Clerk's Office in Deed Book 478, at
Page 340.
The said land fronts the Eastern Right -of -Way line of Old U.S. Route 522
approximately 152.40' North of the intersection of New U.S. Route 522 in Shawnee
District, Frederick County, Virginia and is bounded as follows:
Beginning at a point in the Eastern Right-of-way line of Old U.S. Route
522 and a corner to the Emerson Corporation; thence with said Emerson Corp-
oration; S8802410011E - 200.00' to a point corner to Emerson Corporation and
in a line of Biggs; thence with Biggs SOr3610011W - 218.60, to a point corner to
Biggs and in a line of Garber; thence with Garber N8802410011W - 200.00' to a
point corner to Garber and in the Eastern Right -of -Way line of Old U.S. Route
522; thence with said Right -of -Way line of Old U.S. Route 522 NOr 36'00"E -
218.60, to the beginning.
Containing............ 43,720. Sq. Ft.
February 22, 1982
6REEhWAY t _1NEEBiNIC & O�tLYING CO., INC.
P. 0. Box 666
Winchester. Va.
O;��ALTx
M R. BRUCE EN
U CERTIFICATE No,
54 17-3 (a)965
5417.3 (b)162
Tf�'�O LAND SV�`1
10
os
'Pt
1y yti
o �S•
o JS•
LOCATION MAP
0
FINAL PLAT
OF A PORTION OF THE LA14D OF,
EMERSON CORPORATION
SHAWNEE MAGISTERIAL DISTRICT,
FREDERICK COUNTY, VIRGINIA
FEBRUARY 22, 1982
SCALE: /:2000'
APPROVED BY:
FREDERICK COUNTY
Board of jupe ry i s �•
Planning Commissiort��p�
Subdivision Administratorf4(7
V I RG I N IA Department of Highways
0
Owner's Certificate
Date: 3/17/1 Z
Date :
Date : 9// 7192
Date •
The above and foregoing subdivision of a portion of the land
of Emerson Corporation as appears in the accompanying plat is with
the free consent and in accordance with the desires of the undersigned
owners proprietors and trustees, if any.
Surveyor's Certificate
I here by certify that the land contained in this subdivision
is a portion of the land conveyed to Lmerson Corporation by deed
dated I August 1977 and recorded in the Frederick County Court Clerk's
Office in Deed Nook 478 at Wage 340.
UEENIAY ENGiINEEBINC & S06�'E'I C GO., INC.
P. 0. BOX 666
Winchester. Va.
H. 'race i_dens C.t.
cam---- NOR771 �—
I
OLD it S. ROUTE 522
I HEREBY CERTIFY THAT THIS BOUNDARY
SURVEY, TO THE BEST OF MY KNOWLEDGE
AND BELIEF, IS CORRECT AND COMPLIES
WITH THE h,11rf1• '4" PROCEDURES AND
STANDARDS ESTP. JSHED BY THE VIRGINIA
STATE BOARD OF ARCHITECTS, PRO-
FESSION!,' LAND SURVEYORS,
AND ED LANDSCAPE ARCHITECTS.
WINCHES ER, VIRGINIA
720 eq
B/GGS
FINAL PLAT
OF A PORTION OIL THE LAND OF
EMERSON CORPORATION
SHAWNEE O/S7RC7, FREDERICK CO. VIRGINIA
SCALE /"= /OO' FEBRUARY PP, /9M
PrlPomd br
GREFAWAY ENGINEERING B SmvEY/NG CQ, ^,
P.O. BOX 6"
W/NCHE37ER, V/RGIMA
c H. BRUCE [Due tsr�
V CERTIFICATE Na i
54-17-3 (a)965
e' %17.3 (b)162 04
caxn
The accompanying plat represents a survey of a portion of Lot #1 and
all of Lot #2, Garber's Subdivision. The said subdivision being a portion
of the land conveyed to Emerson Corporation by deed dated 1 August 1977 and
recorded in -the Frederick County Court Clerk's Office in Deed Book 478, at
Page 340.
The said land fronts the Eastern Right -of -Way line of Old U.S. Route 522
approximately 152.40' North of the intersection of New U.S. Route 522 in Shawnee
District, Frederick County, Virginia and is bounded as follows:
Beginning at a point in the Eastern Right-of-way line of Old U.S. Route
522 and a corner to the Emerson Corporation; thence with said Emerson Corp-
oration; S8802410011E - 200.00' to a point corner to Emerson Corporation and
in a line of Biggs; thence with Biggs SOr 36'00"W - 218.60, to a point corner to
Biggs and in a line of Garber; thence with Garber N88° 24'00"W - 200.00' to a
point corner to Garber and in the Eastern Right -of -Way line of Old U.S. Route
522; thence with said Right -of -Way line of Old U.S. Route 522 NOr 36'00"E -
218.60' to the beginning.
Containing............ 43020. Sq. Ft.
February 22, 1982
6BE NWAY LNGiM ERRNG � ��;�VEYE G CO., INC.
P. Q. Box 666
Winchester. Va.
e.,��ALTx
,C3
N. IMUCE INS��
V CERTIFICATE No.
5"17.3 (a)965
k54-17-3 (b)162
D LAND S�`Z�
f if i`**�F iF iF-iF iF iF i4*•.-1 iF M+`. it M-1 if rt�.�it-iFMMiF *-IF *if .. ihk if*
4z�13
F t,EE GARBER , I!`T A 13
�; = OF' DEDICATION
'GUNPY OF FREDr"T ICK VIIiGINIA '
F•i a✓�F 4 IF !i 1F rt * Y i t * fF i * f • a + ii iF i iF iF 1F it ♦ iF iF iF iF Y % -IF iF M iF iF if
ft,
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k..
BCCK �i�i�' 'ACE
� y
♦
u
-,4 .
! of
THIS DEED OF rEDICATION made and dated this /4
day of LCu_" 1966, by and between 0. Lee .Garber, Single, 1' i tin��f
Julia- F. Garber and Margaret J. Garber, his wife, and Donald E .'•
4'
Garber and Leah Garber, his wife, parties of the first part, and;
the County of Frederick, Virginia, party of the second part,
WHEREAS the said parties of the first part are.
the owners in fee simple of that certain property designated as
Garber's Subdivision, lying and being situate 0.7 mile South of
Ithe City of Winchester, in Shawnee Magisterial District, Frederick
County, Virginia, more particularly described by a certain plat
and survey prepared by Richard U.Goode, C.L.S., dated March 10,
1966, and now wish to subdivide the said property in accordance
with the provisions of " The Virginia Land Subdivision Act, " and
dedicate the same as shown on said plat to the County of Frederick
Virginia.
N014 THEREFORE, WITNESSETH: That for valuable
consideration ann the benefits that will accrue by reason of this
Deed of Dedication, the said parties of the first part, with I
their free consent and in accordance with their desire to sub-
divide the said property, do hereby dedicate to the County of
Frederick, Virginia, all roads and easements as shown on the
plat and survey of March 10, 1966, prepared by Richard U. Goode,
C.L.S., hereto attached, and by this reference made a part ofo ,-
4.
this Deed of Dedication, the said property being a portion of\the
lands conveyed to the parties of the first part by deed of
Charles E. Garber, et ux, dared May 27, 1964, recorded in the
MYMn7 to ur
�.... Clerk's office of the Circuit Court of Frederick County, Virginia,
w: �) in Deed Book 300 page 192.
ocOK 3rG FacE
The foregoing Subdivision
is`taith the approval ,-
of the City of Winchester, as indicated
by endorsement'on the;
attached plat.
t1UTNESS the following
signatures and seals this.;
date above written:
(SEAL)
0.L�7- Garber
`(SEAL)_
Julian.
16
,
riarJgare �Ga
ber a
Donald : Garber,:�
/� Z� ,t t
l�, F (sue,)
Leah J. Garber
JTnT: of vzrczralA,
COUNTY OF FREED LUCK, �
i
Z hQIQ a Notary Public in and for s;
the County and State aforesaid, do hereby certify that 0. Lee`
Garber, Singh, Julian F. Garber and Margaret J. Garber, his
wife, and Donald L. Garber and Leah J. Garber, his wire,
whose n,.mes are signed to the foregoing writing, dated the l'5-rZl_
day of 1966, have personally appeared before me and ,
h C nt and State aforesaid,
acknowledl.ed the same in my ou y
• r _y
hiy commission expires 3 d }
Given under my hand this Vr7L day of
Notary Public 'l
y,.
.t
i Z�
10-41
i. 'x,
44A4
V�v
BOOK 03 PACE 5 .3 G
Xe
GARBER SUBDIVISION
S 77�
V
�.X
3.535 ACREt
4A'A
e. JAI
V
The subdivision shown on the attached drawing, located ,6v
northwest side of New U. S. Highway No, 522
and on the 'East side
Of 144 eit
Old U.522, 0.7 mile South of Winchesier and
situate in Shawnee Magisterial District, Frederick Co unty, Virginia;i
A-
Dounded as follows:
V.
Beginning at an iron peg on the East side of Old U. S. Highway_,
Wo. 522 and corner to James Garber; thence with James Garber,and
.-
then with other land of the Garber Trust 5 88 deg. 24min., 9
,200.0 feet; thence with other land of the Garber Trust 'for t
-follow ing three courses S 71 deg. 26 min., E 46.7 feet;"thence
46 deg. 12 min. E 160.0 feet; thence S 43 deg. 48 min., E 198.8
'feet to a
Pcint on the Northwest side of New U. S. Highway No'. 322;
thence with New U. S. Highway No. 522 S 46 deg. 12 min.. V1 304 V 'S fee
toga concrete highway marker; thence with a curve to the?,j *ft, the ridlu
of which is 1485-40 feet for a distance of 262 0� concrete',,%1
2 �eet, t.
highway marker; thence S 85 deg. 15 min. ld 117.7 lfeet,'io a concrete.
--;highway marker on the East side of Old J.S. Highway No 522; thence,
with Old U. S. Xighway No. 522 N 1 deg. 36 min. E 471.0 feet -to
the point of beginning, containing 3.535 acres more or less.
Rl:,!-*IAPD U. GOODE
SUHMOR
March 10, 1966
6182
Air.
A.-
RaTea
r
-c man77,
Aff
lYk
Coo
A.. 'o r
I CERTIFY THAT THIS 15 PA AT
OF THE LAND CONVEYED T 0,.,
na % f
0. LEE GARBERJULIAN ,
75 loo
AND DONALD E. GARBERI TRUSTEE34
BY CHARLES E. GARBER AND
CALE INFEET
NORA L. GARBER BY DEL 07
b. IL WAY 27 1964 AND RECOROM IN
DEED s60K 7 300 PAGE 192, IN
919.6 THE CLERK'S OFFICE OF FRID-
sa, COUNTY, T11 ERICK VIRGINIA
ov
RICHARD U GOODE
0050, b. 5 -1 C-ER71FIF-D SURVEYOR 2
I•
Ir ew 1. 9 .,z a A 6 1966.
"s b MARC!-4 l0i
& .4 3
0 7yl 1. 0 1
3 5j I
41-
3 v
APPROVED POR ClrY S&W&R.
0.5 400 APPIPOVEC, 8V .2 8
G
WIN�HESTER—FREOERK_,r. 'O HEALTH' DEPT.
S 44
A4
6 0
A. lz HEALTH DIRE _TO z
FINAL PI -AT
VIRGINIA DEPT*OF H115hWAYS
' le 0
hle 6 q n / y
GARBERS SUBDIVISION I N
FRE ERICK CO SOARL OF SUPERVISORS 2s a
GARBER TRUST —OWNER 3.535 ACRES t
LOCATED 0.7 MILE SOUTH OF WINCHESTER AND CHAIRMAN fi
SITUATE IN SHAWNEE DISTRICT FREDERICK COUNTY, VA. COMMON COUNCIL CITY OF WINCHISTER
AVQVSr 1,
t
5,940
DMS/sim
3/11/82
CONSENT TO VACATION OF PORTION
OF PLAT OF GARBER'S SUBDIVISION
THIS CONSENT TO VACATION of a portion of a plat of
ti.
Garber's Subdivision entered into this llth day of March, 1982
by Emerson Corporation, a Virginia Corporations L. Richard
Vaitsas and H. Christine Vaitsas, his wrifel Donald E. Garber;
Flournoy L. Largent, Jr., John F. Anderson and J. Randolph
Larrick, Trustees under a Deed of Trust from Donald E. Garber
and Leah J. Garber to Flournoy L. Largent, Jr., John F.
Anderson and J. Randolph Larrick, Trustees dated March 30,
1977, of record in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia in Deed Book 471, at Page
555; the Commercial and Savings Bank, Winchester, Virginia,
Beneficiary under a Deed of Trust from Donald E. Garber and
Leah J. Garber to Flournoy L. Largent, Jr., John F. Anderson
and J. Randolph Larrick, Trustees dated March 30, 1977 of
record in the aforesaid Clerk's Office in Deed Book 471, at
Page 555; Patricia G. Biggs and Janet G. 2iviello; and the
County of Frederick, Virginia.
WHEREAS, a Deed of Dedication dated August 5, 1966
and a certain plat dated March 10, 1966 prepared by Richard
U. Goode, Certified Surveyor identified as the final plat of
Garber's Subdivision was duly recorded in the Office of the
Clerk of the Circuit Court of Frederick County, Virginia in
Deed Book 326, at Page 534 et seq, said plat being of record
in the aforesaid Clerk's Office in Deed Book 326, at Page
537.
WHEREAS, it is the desire of the undersigned that
the portion of said plat shown as Lot No. 1 and Lot No. 2
and that the 20' drainage easement shown on said plat be
vacated and it is the desire of the County of Frederick,
Virginia to indicate its approval of such vacation pursuant
to the provisions of Section 15.1-482 (a) of the Code of
Virginia.
WHEREAS, L. Richard Vaitsas and H. Christine
Vaitsas, his wife, are the owners of a portion of Lot 1 as
shown thereon: Emerson Corporation is the owner of the
balance of Lot 1 and Lot 2 as shown'thereonf Donald E. Garber
is the owner of Lot 3 as shown thereon, subject to a.Dead
of Trust dated March 30, 1977, of record in the aforesaid
Clerk's Office in Deed Book 471, at Page 555 in which
Flournoy L. Largent, Jr., John F. Anderson and J. Randolph
Larrick are named Trustees and which Deed of Trust secures
a bond payable to the Commercial and Savings Bank,
Winchester, Virginia; and Patricia G. Biggs and Janet G.
Ziviello are the owners of Lot 4 and Lot 5 as shown thereon.
WITNESS: That the undersigned, for and in
consideration of the premises, and in further consideration
of the sum of Ten Dollars ($10.00) cash in hand to each of
them paid hereby consent to the vacation of the portion of
said plat shown as Lot No. 1 and Lot No. 2 and do further
consent to the vacation of that certain 20' drainage
easement shown on said plat.
FURTHER WITNESS: That the County of Frederick,
4-
Virginia, in addition to consenting to vacation.of a portion
of said plat as aforesaid and to the 20' drainage easement
referred to hereinabove, further executes this instrument
-2-
for the purpose of indicating its approval of such vacation
pursuant to the provisions of Section 15.1-482 (a) of the
Code of Virginia.
WITNESS the following signatures and seals:
EMERSON CORPORATION
By Present (SEAT.) !,
(sEiw)''�
L. 'Richard Va tsas
(SEAL)
H.-Christine Va teas
(SEAL)
Dona E. Garber
(SEAL)
F o rnoy L. Largent, Jr.
SEAL)
Jo m- F . Anderson - -
(SEAL)
y Ran o p Larr c
TEM CQMMERCIAL AND SAVINGS BANK
BY (SEAL)
-3-
(SEAL)
PaU cia G. Biggs
( SEAL )
Janet G. z v ello
COUNTY OF FREDERICK# VIRGINIA
rX4"3!�Itllgl-
7( SEAL )
Y
n T.P. Horne,
ector Planning and
evelopment
STATE OF VIRGINIA
of , to -wits
a Notary Public in and
for the State and aforesaid, do hereby certify
that , whose name is signed to the
above writing on behalf of Emerson Corporation as its
has acknowledged the same to be his act and
deed of said corporation before me in my State and
aforesaid.
1982.
Given under my hand this ____�_, day of
w
My Commission expires
-4-
Notary Public
STATE OF VIRGINIA
of , to -grit:
a Notary Public in and
for the State and aforesaid, do "hereby certify
that L. Richard Vaitsas and H. Christine Vaitsas, his wife,
whose names are signed to the foregoing writing issue this day
x
personally appeared before me and acknowledged the same.
Given under my hand this. day of ,
1982.
My Commission expires
Notary Vublic
STATE OF VI RG IN IA
of , to -wit:
a Notary Public in and
for the State and aforesaid,'do hereby certify
that Donald H. Garber, whose name is signed to the foregoing
writing has.this day personally appeared before me and
acknowledged the same.
1982.
Given under my hand this f- day of ,
M
My Commission expires
-5-
otiry Public
STATE OF V'IRGINIA
Of , to -wit:
a Notary Public in and
w
for the State and aforesaid, do hereby certify
that Flournoy L. Largent, Jr., John $. Anderson and J. Randolph
Larrick, Trustees, whore names are signed to -the foregoing
writing have this day personally appeared before me and
acknowledged the same.
Given under my hand this ram•--'•---- day of
1982.
My Commission expires
Notary Public
STATE OF V"IRGINIA
of , to —Nits
I, 1 , a Notary Public in
and for ths.State and aforesaid, do hereby
certify that , Whose name in
signed to the above writing on behalf of The Commercial and
Savings Bank as its , has acknowledged the
same to be the act and deed of said bank before me in my
State and aforesaid.
1982.
Given under my hand this _ day of ,
y.
My Commission expires
-6-
otary c
STATE OF VIRGINIA
of to -wit:
a Notary Public in and
for the State and aforesaid, do hereby certify
that Patricia G. Biggs, whose name is signed to the foregoing
writing has this day personally appeared before me and
acknowledged the same.
Given under my hand this day of
1982.
My Commission expires
Notary Public
STATE OF N.. TRK
of , to -grit:
at Notary Public in and
for the State and aforesaid, do hereby certify
that Janet G. Ziviello, whose name is signed to the foregoing
writing has this day personally appeared before me in mar
State and aforesaid and acknowledged the same.
Given under my hand and seal this day of
W,
(SEAL)
1982.
My commission expires
-7-
Notary Fuslic
STATE OF VIRGINIA
of to -wits
I;' , a Notary public in and
for the State,and aforesaid, do hereby certify
that JohnTOPO Horne, Director of Planning and.Development
of the: County of Frederick, Virginia, whose name is signed
to the foregoing writing, has this day personally appeared
before me and acknowledged the same.
Given under my hand thisday of ,
1982.
My Commission expires •
'Notary -Public
-8-
LAW OFFICES
WILLIAMS AND SWIFT
36 SOUTH CAMERON STREET
-HESTER,VIRGINIA 22601
POST OFFICE BOX 242
John T.P. Horne, Director
Frederick County Department of
Planning and Development
9 Court Square
Winchester, VA 22601
POST OFFICE BOX 47
16 NORTH CHURCH STREET
BERRYVILLE,VIRGINIA 22611
703-955-1120
A. GARLAND WILLIAMS
NORMAN DEV. MORRISON
E. SCOTT SMALLEY
LAW OFFICES
WILLIAMS AND SWIFT
POST OFFICE BOX 242
36 SOUTH CAMERON STREET
March 11, 1982 WINCHESTER,VIRGINIA 22601
John T.P. Horne, Director
Frederick County Department of
Planning and Development
9 Court Square
Winchester, VA 22601
RE: GKH Partnership
Our File No. 5,940
Dear John:
703-662-0003
DOUGLAS M. SWIFT, JR.
Enclosed herewith are an original and one
copy of a Consent.to Vacation of Portion of Plat
of Garber's Subdivision, a copy of the Deed of
Dedication and plat relating to the subdivision,
a copy of an Owner's Certificate and a copy of
a plat dated February 11, 1982 prepared by Bruce
Edens.
The most pressing matter before us at
present is execution and acknowledgment of the
Consent. One of the parties to the instrument, Mrs.
Ziviello, is a resident of New York, and Mr. Garber,
her brother, is planning to fly to New York over
the weekend for the purpose of having Mrs. Ziviello
sign and acknowledge the instrument. He plans to
return to Winchester for closing on Monday, March
15.
John T.P. Horne, Director
March 11, 1982
Page 2
You will recall that one of the things
which has to be done is to vacate Lot 1 and Lot 2
as they appear on the plat of record in Deed Book
326, at Page 537, a copy of.which is enclosed here-
with. Would you please review the consent carefully,
sign it on behalf of the County of Frederick,
Virginia, if it appears to be in order, have it
acknowledged by a Notary Public and let me know
just as soon as it is ready so that I or one of my
staff can slip over and pick it up.
As stated, I am also enclosing a copy
of the Owner's Certificate and a plat with reference
to subdivision of the Garber parcel. This, of
course, would go to record after conveyance of the
property from Emerson Corporation to GKH Partnership.
The plat and survey which are to be attached to the
Owner's Certificate will be the same in all respects
as the one enclosed herewith, with the exception
that the 20-foot drainage easement will not be shown
thereon (it will have been vacated by the Consent
to Vacation) and I expect Mr. Edens will have added
a Surveyor's Certificate.
You indicated during the course of our
last meeting that you did not anticipate any problem
of approval of the subdivision, provided access and
maintenance were taken care of. I believe you will
find that both of these are properly addressed in
the Owner's Certificate. Please note also that
each lettered parcel shall be conveyed together
with a one-fourth (1/4) undivided fee simple interest
in the parcel known as the Common Area. I would
very much appreciate your looking over the Owner's
Certificate and letting me know if it is satisfactory
as far as you are concerned. If so, I shall plan to
hold the original Owner's Certificate until I receive
a revised plat and until the property is conveyed
to GKH Partnership, at which time I would expect
to bring the Owner's Certificate and plat to you
for approval of the plat.
John T.P. Horne, Director
March 11, 1982
Page 3
Thanking you very much for your courtesy
in this matter, I remain
Yourssvvery sincerely,
, Jr.
DMS s sh
Enclosures
CC. GKH Partnership
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF HIGHWAYS AND TRANSPORTATION
RECEIVED MAR 1 5 1982
xxxxxxxxxxx
Edinburg, Virginia 22824-0278
March 12, 1982
P?r. Donald Garber
Emerson Corporation
2061 Front Royal Road
Winchester, Virginia 2.2601
Dear Mr. Garber:
703-984-4133
This is in response to your letter of March 1, 1982, and our
subsequent conversation on March 5, 1982, at our Winchester
office.
We have had our District Right of Way Engineer examine the
documents you furnished us and the s' te. The question you
raised regarding; the presence of the easement across the
property you wish to develop is an interesting one since the
easement is shown on the plat, but not on the deed. The fact
the water which would have used the easement has been diverted
along another path further clouds the picture.
The right of way personnel feel the easement does not officially
exist for two strong reasons. First of all, the easement is
not supported by a deed of dedication either to the department
or county. Secondly, the easement is not needed since the water
has been diverted and is in another channel. The first reason
is a very strong one since no one has acknowledged it.
I hope I have stated our position on the easement question
clearly enough. I am indicating a copy to Mr. John Horne,
Director of Frederick County Planning, for his information.
Sincerely,
W. H. Bushman
Resident Engineer
WHB /k
cc - Mr. John Horne
Mr. F. L. Lovegrove
Emerson Urporatfon
2061 Front Royal Road
WINCHESTER, VIRGINIA 22601
703. 667 - 2509
Tdr. W. H. Bushman
Resident Engineer
P. 0. Box 278
Edinburg, Vr.
Dear �r. Bushman:
I4arch 1, 1982
Enclosed is a plot of lots that involves Lots 4 and 5 in Garber's sub-
division. Presently there is a drainage easement that exists. This
was put in by the state to carry the water from the east side of Et.
4:522.
Irhen Bigman's was built I picked this water up and directed it to the
ditch on old 522. ( I have drawn a line to show the new direction ).
There is no ;rater flowing on this easement except the normal drainage
from the --lots.
I want to have this drainage done away with. None of the water from
the lots I am selling will flow on Lots 4 and 5. It will all be directed
to old 522.
Please review this and let me know what steps to take to remove this
easement.
Thank you
Donald Garber
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FINAL PLAT
GAR BER'S SUBDIVISION
GARBER TRUST OWNER 3.535 ACRES
LOCATED 0.7 MILE SOUTH OF WINCHESTER AND
SITUATE IN SHAWNEE DISTRICT) FREDERICK COUNTY, VA.
,tee,
R;CHARD U. GOODE
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Emerson Corporation Subdivision \
Shawnee District