053-03
BOARD OF SUPERVISORS
L Richard C. Shickle
, hereby certify on this 23rd day of April
, 2003, that the
following Resolution is a true and exact copy of one and the same unanimously adopted by the
Board of Supervisors of the County of Frederick, Virginia ("Board ''), assembled in regular session
on the 23rddayof April , 2003.
A RESOLUTION TO VACATE A PLAT AND CONVEY ALL RIGHTS AS TO "PARK"
ON THE DEED OF DEDICATION AND DECLARATION OF PLAT OF "THE
MEADOWS" SUBDIVISION DATED MAY 11,1970, BEING THE SAME PROPERTY
PREVIOUSLY DEDICATED TO FREDERICK COUNTY. SAID DEED OF
DEDICATION AND PLAT CAN BE FOUND AND IS RECORDED IN THE LAND
RECORDS OF FREDERICK COUNTY AT DEED BOOK 363 PAGE 658.
WHEREAS, the County of Frederick ("County") is empowered to vacate the Plat and the
dedication in the County pursuant to, and in, conformance with provisions ofthe Code of Virginia,
1950, Section 15.2-2270, et seq, as amended; and
WHEREAS, the County intends to vacate the Plat and convey all rights as to all that certain
tract or parcel of land, together with the improvements thereon and appurtenances there unto
belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia,
containing 72,393 square feet, and being designated as "Park" on the Deed of Dedication and
Declaration of Plat of "The Meadows" subdivision, dated May 11, 1970, being the same property
previously dedicated to Frederick County by Fredericktowne Company. Said Deed of Dedication
can be found and is recorded in the Land Records of Frederick County at Deed Book 363 Page 658
Page 1 of 3
which intention was advertised according to law, and the land proprietors affected by said action
were notified; and
WHEREAS, the Board at its meeting on March 22, 2000 did previously determine that it
was appropriate to vacate said designation as a park and in fact, did so through its Vacation of
Interest, a copy of which is attached hereto and incorporated herein as "Exhibit 1". Pursuant to a
subsequent Order of the Circuit Court of Frederick County, a copy of which is attached hereto and
incorporated herein as "Exhibit 2", said vacation was without effect, and as it did not vacate the Plat,
it is necessary that the Board of Supervisors revacate the County's interest in the Park and vacate
the Plat; and
NOW, THEREFORE, BE IT RESOLVED, that the Plat and all that certain tract or parcel
ofland, together with the improvements thereon and appurtenances there unto belonging, lying and
being situate in Opequon Magisterial District, Frederick County, Virginia, containing 72,393 square
feet, and being designated as "Park" on the Deed of Dedication and Declaration of Plat of "The
Meadows" subdivision and the Plat appended thereto, dated May 11, 1970 be and are hereby
vacated. Being the same property previously dedicated to Prederick County, said Deed of
Dedication can be found and is recorded in the Land Records of Pre de rick County at Deed Book 363
Page 658 be and hereby is vacated to Anthony L. Cook, as successor in interest to Predericktowne
Company.
BE IT FURTHERRESOL VED, that the County Administrator is hereby directed to place
a certified copy ofthis Resolution of record with the deed records in the Clerk's Office ofthe Circuit
Court for the County of Frederick; and
BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized and
directed to execute all documents necessary to carry out the purposes of this resolution, as prescribed
by the Code of Virginia, 1950, as amended, including, but not limited to, writing an amendment to
Page 2 of 3
the Frederick County Ordinance providing for conveyance of the aforesaid parcel to Anthony L.
Cook.
ADOPTED by the Board of Supervisors ofthe County of Frederick on the 23rd day of
April
, 2003 by the following recorded vote:
Richard C. Shickle
.k;.a.
Robert M. Sager
~
W. Harrington Smith, Jr.
Aye
Margaret B. Douglas
Aye
Lynda 1. Tyler
Aye
Sidney A. Reyes
~
Gina A. Forrester
Aye
Resolution No.: 053-03
Witness my hand and the seal of the County of Frederick, Virginia.
\2..-0J ~---JLL.)
Richard C. Shickle
Chairman, Board of Supervisors
County of Frederick, Virginia
COMMONWEALTH OF VIRGINIA
COUNTY OF FREDERICK, To WIT:
I,--(C,n: teA ,\. /~V'\'v) , a Notary Public in and for the Commonwealth of
Virginia,doherebycerllfythat'\\;( "('n~ (. \~;L\d( ,(h("if\~(Al'\ of the Board
of Supervisors, whose name is signed to the foregoing resolution bearing date on the :1) >::l day
of Y&" \ , 2003 has personally appeared before me and acknowledged same in my State
and ju diction.
1-ill 8
GIVEN UNDER MY HAND THIS, Y day of , S'" \
My commission expires \\, ~ "3 \ ;Q('O:J
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No~-r~~bli' .\ (\ L( -'
,2003.
CITJPlresolutionsIFY2002-2003IMeadowSSUbvacatePlatPark042303.wJ?age 3 of 3
COUNTY of FREDERICK
Kris C. Tierney
Assistant County Administrator
540/665-5666
Fax 540/667-0370
April 24, 2003
E-mail:
ktiemey@coJrederick.va.us
Thomas M. Lawson, P.C.
Lawson & Silek, P. 1. C.
P. O. Box 2740
Winchester, VA 22604
Dear Mr. Lawson:
The Frederick County Board of Supervisors, meeting in regular session and public hearing
held on April 23, 2003, approved the enclosed resolution vacating any and all interest as to "Park"
in The Meadows Subdivision.
Should you need additional information, please do not hesitate to contact me.
With kindest regards, I am
Sincerely,
~
']
Kris C. Tierney
Assistant County Administrator
KCT/tjp
Enclosures
cc: Frederick S. Vondy, Attorney
Lawrence R. Ambrogi, County Attorney
Eric R. Lawrence, Planning & Development Director
C:\TJP\miscletters\LawsonThomasMeadowsSubPaTk04230~. wpd
107 North Kent Street. Winchester, Virginia 22601-5000
COUNTY ofFREDERlCK
Parks and Recreation Department
James M. Doran, Director
540-665-5678
FAX: 540-665-9687
www.co.frederick.va.us
e-mail: fcprd@co.frederick.va.us
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
John R. Riley, Jr., County Administrator F
James M. Doran, Director, Parks & Recreation
The Meadows Subdivision
April 18, 2003
Please be advised that the 72,393 square foot lot in The Meadows Subdivision, identified as
parkland in the Deed of Dedication and Declaration of Plat dated May II, 1970, has not been
transferred to the county and no interest has been expressed, to this department, by the residents
of The Meadows subdivision for its development as parkland. Furthermore, because this parcel
is a drainage area with a drainage easement bisecting the property, it is not desirable for
development as a park.
JMD/sm
107 North Kent Street
Winchester, VA 22601
COUNTY of FREDERICK
John R. Riley, Jr.
County Administrator
MEMORANDUM
I
540/665-5666
Fax 540/667-0370
E-mail:
jriley@coJrederick.va.us
DATE: April 9, 2003
TO: Board of Supervisors
FROM: John R. Riley, Jr., County Administrator
RE: Resolution to Vacate a Plat and Convey all Rights as to "Park" - The Meadows
Subdivision
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Please be advised that the attached plat vacation is back before this body due to a recent
ruling by the Frederick County Circuit Court that the aforementioned action was not done properly.
In the previous action, the board of supervisors vacated its interest in said plat since the county did
not own the parcel in question. The land was owned by Fredericktowne Company and subsequently
the Costello Estate. The land had never been developed as a park by the Frederick County Parks and
Recreation Department nor had the parks department ever expressed any intent or interest in
developing same.
Please call if you have any questions.
JRR/tjp
Attachments
C:\TJP\miscmemos\CountyAdministrator\BdofSupMeadowsSubPark042303BdMtg. wpd
107 North Kent Street
Winchester, Virginia 22601-5000
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VACATION OF INTEREST
WHEREAS, this agreement 10 vacale the inleresl of the locality between the:
COUNTY OF fREDERICK, hereinaner "Gvunty", and Anthony L. COOK, hereinafter
referred to as "Property Owner":
WHEREAS, Ihe Property Owner is Ihe owner in fee simple oflhe following described
properly localed in the County of Frederick, Virginia (hereinaner "the Properly'"):
All oflhat certain tracl or parcel of land, together wilh the improvements
Ihereon and appurtenances there unlo belonging, lying and being situale ;n
Opequon Magisterial Dislrict, Frederick Counly, Virginia, conlaining 72,393
square feel, and being designated as "Park" on the Deed of Dcdicalionand
Declaralion of Plat of "The Meadows" subdivision, daled May II, 1970, and
recorded in Ihe Clerk's Office of the CireuilCourt of Frederick County,
Virginia, in Deed Book 363, al Pa;;e 658; and being th,e same property
acquired by Anthony L. Cook by Deed of Gill fro:TI Joy H. Coslello and Uw;s
Michael Costello, of record in the aforesaid Clerk's Office in Deed Book
'1-< 7, al Page /
WHEREAS, the Deed of Dedication and Declaration of Plat for "The Meadows"
subdivision, ofre<::ord in the aforC:said Clerk's Office in Deed Book 363, at Page 65!l, reserves
litle 10 the property to the developer, Fredericklowne Company, a predecessor in inl=IO '
Anthony L Cook; and
WHEREAS, the property owners of "The Meadows" hne not fonned any property,
owners' associalion, and are not required 10 do so; and
WHEREAS, more Ihan Iwenty years have passed since approval of the [Xed of
Dedication and Plat; and
WHEREAS, the Parks and Recreation Department and other County enlities have not
received any interesl in Ihe property, nor requested such interesl; and
WHEREAS, lhe property is nol part of any "open space" requirement by the County,
and il would be no violation of any Counlv ordinance or regulation to develop the property;
and
WHEREAS, the Board of Supen'bors, at their r~gular meetinR on Hareh 22. 2000'
concurred with Ihe vacation of inlerest;
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this
TI fEREFonE. pursuanltu Title 15,2 oflhe Cnde of Virgini:.(1 %()), as amended, Ihe
County hereby vacalcs an}' interest it may have on the plat of ''The Meadows" in the property
herein hcrore described, anti yaCalcs (he designation nflhc proper1y 05 "POlk", such thatlhe
properly shall he trcated in lhe same manner as nlher 10" in "Thc Meadows" subdivision.
suhject In all rcslriclions and caSCl1Iell!s of record. '
WITNESS the following si!;'I:IIUrcs end seals:
Taken, subscribed and swom before me, a Notary Public for the slate and jurisdiction
aforesaid, by Anthony L. Cook, Ihis ;:1::1!!day off"Y'''''' h .2000.
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Commonweallh of Virginia
City/County of "'I. r.\c,;d<
.Iowil:
My Commission EXPires{j' "0 }t. ':Hi)~
Commonwealth of Virginia
City/County of .:Jvt".1 ry', \ \<..
,to wi!:
ani h ('!fj (f'
Anthony L. Cobk
tiJtYJ'
COlJNTY OF fREDERICK'
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lis County Ad..ln. , and Authorized
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Taken, subscribed and sworn before me, a Notary Public for the stale and jurisdiction
a~o~~faid, btt~n:-~~I<; \"I_l,.. ., authorized agent for County of Frederick.
3l:..-~1by of '1Y.A..-l h . 2~ '
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My Commission Expires: h.,\ '6 ~,\ ;1(\,>~
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Is in favor of an increase; 'he sanitary distiict fees but disagn:;es ""':'h tbe unimproved 101 OWners
not being assessed an: increase. lIe felt it Vir,;:,s Unfair to increase the l"e :for Uie irtiproved lot owners
only.
WHson Gillierl. OoelJuon District: Asked the bOaI'd's support in fully funding the
proposed school budget.
The public hearing W"..s closed.
County Administrlllor Riley advised U,e board that II final budget woncsession would be
&choduled fOT tho fihit week in April :u1d the final budget wou1d be prosented to the board for
lIpproval at their next meeting on April 12.
COUNTY ADMINISTRA,TOR.RII,EY ADVISED TIlE J>UDUCTIIAT OPEOUON
DJSTRTcrSUPERVlSORROnlJlRTM- SAGER'S ADSENCE WAS DUE TO NECK
SURGERY AND THAT HE IS DOING WELl,
WINCHESTER REGIONAl. AffiPORT REOlJEST FOR A SUPpLEMENTAL
APPROPRIATION OF 5;108.625 WHICH WILL BE OFFSET BY GENERATED
REVENUE-AP}>ROV}:1:D
County AdtninistratoT Riley presented this request. Sinee the timo the aiiport's budget was
prepared, fuel cost hos increased llppTo~irnately 33%. and based on last YOIU"s sales, this
appropriation will be needed to covei' th!!; fl'll.tbhase of Cud for tile teniai'oing fiscal year.
Winohester Regional AITporl Operations Supervisor David Foley appeared before the board
to answer questions. He advised lhat neXt year's appropriation would be monitored and the
appropriate aetion takeD,. ifnecessary. should fuel cost continue to be on the rise. Mr. Foley further
advised that rates to tl.e public are based on a cost I,IW; profit Ihargin and Ulen it is determined ifthc
cost can be charged to tlie C\lstom6t OJ'" if it has to be a gi'aduallnc...."'se. Rates are based like any
olherrelail gas business.
Upon motion made hy W. Harrington Smith. Jr., seconded by Sidney A. Reyes, the above
request was approved by the following recorded vote:
Riehard C. Shielde - Aye
Charles W. Orndoff, Sr. - Aye
W. Hanington Smith. Jr. - Aye
Robert M. Sllger - Absent
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
REOUES1' FOR VACATION oil' INT.E:R':ES'i: 1mOM ANTHONY L_ COOK. TIllS
MEADOWS- SunDIVTSJON - A ~'P.ROVED '
'80:anl of Supervisors Meednz: Dr bjf2z/00
Jh.6c:d P"bll< Ucari", ....t..Ii..C
MlAQtc Book "Number 26
..-~~- -
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This lot, located in The Meadows Subdivision, was designat.. ~ 'IS parle open-space at Ule time
it Was platted. The conce... . of a park nevor materialized and bas become an unattractive nui~~~
~,,",,"",...ce.
Mr. Cook has acquired the parcel and wishes to improve h.
Upon motion made by W. Harrington Smit.h, h., seconded by Charles'W. OmdofT. Sr., the
above request was approved by the Col1owing recorded 'Vote:
Rich,qd C. Shickle - Aye
Charles W. OthdofJ. Sr. - Aye
W. Harrington SmiU.. Jr. - Aye
Robert M. Sager - Absent
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
REsoumON (#036-00l -IN SU}>PORT OJ? TIIIl; SIJENANDOAH VALLEY -'\I!
:aOC REGIONAL WATER AQTqOlUTY EXPJ,ORATORY COMMITTEE _
Al'l'ROVED .
DrOll motion made by W. Hanington Smith, Jr., seconded by Margaret B. Douglas, (he
following rt'Solution was approved:
RESOI,lJTlON IN SUPPORT OF Tll:J.1; SnENANDOAU V AI_I.EY AD HOC REC10NAL
WATER AUTHORITY EXJ>LORATORY COMMJrrEE
WHEREAS. Ule Shenandoah VaHey Ad Hoc Regional Water A\lt]IOrity Exploratory
Committec hcld its organizational meeting Oclobor 20, 1999; Wld
WHEREAS. the concept of a Requcst for Proposal to deal with tbe issues identified in Ute
September 29 m<:>eting, as set out in the Prellnlble, was proposed arld served as the focw.; of meetings
D=cmber 21, 1999 and February 29, 2000; and
WIIEREAS, the Exploratory Committee has developed a three part Request for Proposal
entitled "Analysis ofRegionaJ Water Supply Solutions" whioh includes, at a feasibility level, (1) a
walet resourCe evaluation, (2) an iofrastructure evalllation, and (3) an organi7.ll.tional evaluation of
regional "Water supply options which would result in an overall t"c>collUnendatioTJ; and orgonizational
implem.enlalion plan for consideration by t]le conunitlee; and
WIlliREAS, the information available to the colYlrn.ittee suggests an antioipated minimum
negotialed contract cost of $50,000 which, on population based funding would average llnder 28
cents per capita for the 1999 current population estimates of 181,300, up to $180,000 or
approximately a dollar pOI' oapita; and
WImREAS. the Ad Hoe CommilteCI has requostod Ii resolutlon 'Of support frDm. ]00-...1.
governments in the region that Planning District Connnission and t'Ocal goye.rnment staff resources
be committed to finalizing the Request for Proposal for issuance on behalf of the Ad Hoc Committee
Boanl of Supervisor;C McctS.n~ of 031:l.-2JOO
Bpdtd rubllc-llcarine ]'4':4..-U.PJ:
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AGENDA
REGULAR MEETIMG .
fnEDEnlCI< COUNTY BUAHU or SUfF-1W1SUllS
WElllfESDAY, MARCil 22, :ZOO\}
7:15 '>.M.
tumfTY ADMIHISH\Al1UN BlIllDlflG
HJ7 NORTIt IOiNT snll,,~I, WINCIIEsnn, VlI'IGINIl\
<;lllL!!LQIJt..!
Ill'LQ~l!JI"J1
Mm"ljr>J\~1 8.M."t1jl
~1l.!.U!l.C.QnlJTl..(:!J1l;
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r)I!2!>J;l:IJl~,jml:
1. ProposecI8ud\J~t !Of FIsca' Ye.ar 2000';~!)Ol for (:l:t!curv::k
COlJlltv.
c.\l.\III\:LQ.!~,~12; ,
1. Requ~!;.t h'Olll the 'vVH1cb~$h~r .R~:9iol'al Ailport for a
.SuprlE-lT1t~nl;.t1 Apptopfiat!on. . .
. 7.., ReQu~s' for Vac3!ion uf Intere-s:t 'fhl) Meado'.vs' Subdi,.iU;ii~l1
J. Correspondence ;;I1)d Resol~Uon l1e; SI\"l1!nllooh V'ililej' Ad
Hoc RQgi':>nal Waler AUlhc!ity r::xplomle>ry Comrr.iltell.
~mli!lIlJ}~P9.tlli
~_~:ltQl~Yn!':MSQI.~,_C."'1l!\'~L'1J
~Q@!J
(A copy of the agenda will I>e 3,.ailahle for "lIIlew
at the Handley Regional Llbr>"y, Lo"d/)lIn!;tr.~t ,
Mallloc8Iion.)
C)-~~~~:7Y
. John n. Riley, Jr. '
C')unly Atlmlr11stia!or
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V I R GIN I A:
IN THE CIRCUIT COURT FOR FREDERICK COUNTY
ANTHONY LEE COOK
Complainant
v.
CHANCERY NO. 01-53
GORDON E. CLEM, et al
Defendants
DECREE AND FINAL ORDER
THIS CAUSE came on the 26th day of November, 2001, and the
13th day of December, 2001, for Trial upon the Bill of
Complaint filed by Complainant Anthony Lee Cook, and the
Answer and Cross Bill of Complaint filed by Gordon E. Clem and
certain other Defendants, with the Complainant present in
person and by counsel Thomas Moore Lawson and Ann K. Crenshaw,
and certain Defendants present' in person and by counsel
Frederick S. Vondy.
WHEREUPON, counsel for the parties duly argued the cause,
and this court took the matter under advisement until the 4th
day of January, 2002. The Court, upon mature consideration,
makes the following FINDINGS OF FACT:
1. A "Deed of Dedication and Declaration of Plat for
'THE MEADOWS' subdivision, dated May 11, 1970, was recorded in
Book 363 at Page 658 on May 20, 1970, by its then-owner,
Fredericktowne Company.
2. A tract of 72,393 square feet is clearly designated
"Park" on the plat recorded with the Deed of Dedication.
3. The Deed of Dedication includes covenants running
with the land that prohibit further subdivision.
,..~
~
~
~
~
EXHIBIT
4. There is no ambiguity contained in the applicable
portions of the Deed of Dedication or plat.
5. Over a period of years, Fredericktowne Company
conveyed lots to members of the public who purchased the lots
with notice of the park in the subdivision as an amenity and in
reliance on the same.
6. The parcel has been used as a "park" continuously for
a period of approximately thirty years.
7. There has been no change of circumstances such as to
"virtually destroy the essential purposes and objectives" of
the covenants.
8. Under Paragraph 14 of the Covenants, Fred~ricktowne
Company alone reserved the right to waive the covenants. Upon
Fredericktowne Company's going out of business, this right
expired.
9. Section 15.2-2272 provides two methods by which a
plat may be vacated after a lot has been sold, either (1) by
obtaining the consent of all lot owners or (2) by ordinance of
the governing body of the locality, which requires compliance
with the notice provisions of Section 15.2-2204. Neither
method of vacating the plat has been accomplished.
10. Specifically, the Board of Supervisors of Frederick
r
County never vacated the plat, but only took an action that has
the effect of "quitclaiming" the county's interest in the
property.
11. The lot owners have neither waiveq nor abandoned
their rights to use the "park."
\~. The ~~~~1>1kL Wl~U;.,~~~ft\
It is therefore ADJUDGED, ORDERED and DECREED:
1. The Court, finding no ambiguity in the Deed of
Dedication and Plat, denies the relief sought in Count One of
the Bill of Complaint and holds that the covenants and plat
designations apply to the tract designated as "Park."
2. The Court, finding no waiver or estoppel, denies the
relief sought in Count Two of the Bill of Complaint.
3. The Court, finding no change of circumstances,
denies the relief sought in Count Three of the Bill of
Complaint.
4. The Court denies the request for attorney's fees
contained in Defendants' Cross-Bill.
The Clerk is directed to deliver copies of this Decree to
all counsel of record and to remove this matter from the
SEEN:
active docket of the court.
ENTER this ~ day of February,
V
F ederick s. Vondy 70. 395151
Ann K. Crenshaw (VSB No. 19538)
= '~-. /0 J
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LA W OFFICES
LAWSON AND SILEK, P.L.e.
AftOrlleys alld Coullselors AI Law
160 Exeter Drive, Suite 103
Post Office Box 2740
Winchester, Virginia 22604
Telephone: (540) 665-0050
Facsimile: (540) 722-4051
A professional limited liability company of professional corpora/;olls
THOMAS MOORE LAWSON, P.c.
JOSEPH F. SILEK, JR., P.c.
THOMAS MOORE LA WSON*
JOSEPH F. SILEK, JR.+
ANN K. CRENSHA W
*a/so admitted in JVest Virginia
+also admitted in Nortll CarolinD
Sender's e-mail: tIawson@lspJc.com
Front Royal Address:
Post Office Box 602
Front Royal, Virginia 22630
Telephone: (540) 635-9415
Facsimile: (540) 635-9421
E-mail: silekj@rma.edu
REBECCA G. LAWSON
DEBORAH M. CHANDLER
ROBERT J. LIGHT
PETER THOS. HANSEN
May 7, 2002
Mr. John R. Riley, Jr., County Administrator
107 North Kent Street
Winchester, VA 22601
Re: Anthony Lee Cook v. Gordon E. Clem, et al.
Chancery No. CH0153
Our File No. 463.001
VIA HAND DELIVERY
Dear John:
Enclosed please find a proposed Resolution to vacate plat and convey all rights to Anthony
L. Cook with regards to The Meadows Subdivision located at Opequon Magisterial District of
Frederick County, Virginia. As you are well aware, this matter is scheduled for a hearing before the
Frederick County Board of Supervisors on Wednesday, May 22,2002 at 7: 15 p.m. Since it is the
parties' intent to vacate the plat pursuant to Virginia Code Annotated S 15.2-2272 (2), it is my
understanding that the County will publish notice of the hearing, including the notice of the proposed
Resolution and provide written notice to_all affected parties pursuant to the notice requirements of
S 15.2-2204. In the interim, if you have any questIOns or proposed changes to the draft Resolution,
please give me a call so we may discuss this matter further. As with all legal matters, I recommend
that you consult with the County Attorney on my proposed Resolution for his review and comment.
Mr. John R. Riley, .Jr., County Administrator
May 7, 2002
Page 2
Thank you for your assistance and cooperation in this matter. If you have any questions,
please do not hesitate to contact me.
TML:hbr
Enclosure
cc: Mr. Dave Shore
Mr. Tony Cook
Lawrence R. Ambrogi, Esquire
P. Kay Adrian
Frederick S. Vondy*
* Abo admitted in Md. & \':"l.Va.
Adrian & Vondy, P.L.C.
A rrORNEYS AT LAW
125 West Boscawen Street
Wmchcster. 'Trrgini. 22601
Office: (540) 667-8735
F.osimile: (540) 667-8128
April 10, 2003
To: Board of Supervisors, Frederick County
CC: Larry Ambrogi
From: Frederick S. Vondy
Re Park in uMeadowsH subdivision item on April 23, 2003 agenda
The above item was ~ placed on your May 22, 2002, agenda, and
at that time I provided each of you with a packet of information about
litigation that has already occurred concerning this property. I
would like to reiterate the substance of my May 14, 2002, letter to
you.
I represented a substantial number of the residents of the
Meadows subdivision in a lawsuit that was heard by the Frederick
County Circuit Court in a series of hearings that stretched from
November 2001 to February 2002.
A decree was entered on February II, 2002, in which the court
specifically found that the homeowners had purchased their lots in
reliance on the existence of the park as open space in the
subdivision, as represented by the developer (See Decree, Paragraph
5). The court further found that the tract had been continuously and
openly used as a park for the duration of this time (Decree, Paragraph
6), and that there has been no change of circumstances that would
justify vacating the plat (Decree, Paragraph 7). Mr. Cook lost his
case in the Circuit Court and did not appeal, and the Decree became
final. Nothing has changed since that time, and the homeowners still
oppose the loss of their park.
In the course of the litigation, it was discovered that Mr. Cook
had previously asked the Board to Uvacate the county's interest in the
parkH - something quite different from vacating the plat - and the
Board so voted to vacate its interest on March 20, 2000. Mr. Cook
then submitted a purported deed to the county administrator
misrepresenting the Board's action, stating that the Board had vacated
the plat's designation as a park when no such action had in fact been
taken. The Circuit Court specifically found that no such action had
taken place (Decree, Paragraph 10) .
Mr. Cook has complained that he is being deprived of the
opportunity to use his land, but the merits of the two sides'
positions should be weighed according to their investments. The
homeowners in the Meadows all paid hard~earned money for their lots.
In contrast, Mr. Cook received this tract as a gift in 2000 from the
prior owners (the successors of the same developers who had marketed
these lots with a representation that there would be a park in the
subdivision). In the course of the litigation, it was discovered that
Mr. Cook was not even paying for the costs of the litigation, but that
these costs were being paid by others who had a speculative interest
in putting houses on the Park land.
When the court's findings are considered - along with Mr. Cook's
less-than-forthright dealings with the Board, the relative economic
positions of the parties, and the need to maintain some open space in
Frederick County's most densely populated area - I ask you on behalf
of the homeowners in the Meadows to vote against Mr. Cook's request.
Thank you for your attention.
truly yours.
7~
rederick S. vond~
FSV:n
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IN THE CIRCUIT COURT FOR FREDERICK COUNTY
ANTHONY LEE COOK
Complainant
v.
CHANCERY NO. 01-53
GORDON E. CLEM, et al
Defendants
DECREE AND FINAL ORDER
THIS CAUSE came on the 26th day of November, 2001, and the
13th day of December, 2001, for Trial upon the Bill of
Complaint filed by Complainant Anthony Lee Cook, aJ:ld the
Answer and Cross Bill of Complaint filed by Gordon E. Clem and
certain other Defendants, wi th the Complainant present in
person and by counsel Thomas Moore Lawson and Ann K. Crenshaw,
and certain Defendants present' in person and by counsel
Frederick S. Vondy.
WHEREUPON, counsel for the parties duly argued the cause,
and this court took the matter under advisement until the 4th
day of January; 2002. The Court, upon mature consideration,
makes the following FINDINGS OF FACT:
1. A "Deed of Dedication and Declaration of Plat for
'THE MEADOWS' subdivision, dated May 11, 1970, was recorded in
Book 363 at Page 658 on May 20, 1970, by its then-owner,
Fredericktowne Company.
2. A tract of 72,393 square feet is clearly designated
"Park" on the plat recorded with the Deed of Dedication.
3. The Deed of Dedication includes covenants running
with the land that prohibit further subdivision.
_.^.,~--'_..-._'"----
4. There is no ambiguity contained in the applicable
portions of the Deed of Dedication or plat. .
5. Over a period of years, Fredericktowne Company
conveyed lots to members of the public who purchased the lots
with notice of the park in the subdivision as an amenity and in
reliance on the same.
6. The parcel has been used as a "park" continuously for
a period of approximately thirty years.
7. There has been no change of circumstances such as to
"virtually destroy the essential purposes and objectives" of
the covenants.
8. Under Paragraph 14 of the Covenants, Fred~ricktowne
Company alone reserved the right to waive the covenants. Upon
Fredericktowne Company's going out of business, this right
expired.
9. Section 15.2-2272 provides two methods by which a
plat may be vacated after a lot has been sold, either (1) by
obtaining the consent of all lot owners or (2) by ordinance of
the governing body of the locality, which requires compliance
with the notice provisions of Section 15.2-2204. Neither
method of vacating the plat has been accomplished.
10. Specifically, the Board of Supervisors of Frederick
r
County never vacated the plat, but only took an action that has
the effect of "quitclaiming" the county's interest in the
property.
11. The lot owners have neither waived nor abandoned
their rights to use the "park."
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It is therefore ADJUDGED, ORDERED and DECREED:
1. The Court, finding no ambiguity' in the Deed of
Dedication and Plat, denies the relief sought in Count One of
the Bill of Complaint and holds that the covenants and plat
designations apply to the tract designated as "Park."
2. The Court, finding no waiver or estoppel, denies the
relief sought in Count Two of the Bill of Complaint.
3. The Court, finding no change of circumstances,
denies the relief sought in Count Three of the Bill of
Complaint.
4. The Court denies the request for attorney's fees
contained in Defendants' Cross-Bill.
The Clerk is directed to deliver copies of this Decree to
all counsel of record and to remove this matter from the
active docket of the court.
ENTER this ~ day of February,
SEEN:
[/
Vondy 70.
39515)
Po' Cr'.r:r r~T".t:
F~.cj,;;:iC!!\ CC~\~)>' C.ii~TH c.::~;rt
Ann K. Crenshaw (VSB No. 19538)
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VACATION OF INTEREST
WHEREAS, Ihis agreemenllo vacate the inlerest of Ihe localily between Ihe
COUNTY OF FREDERICK, hereinaner "(,)unly"', and Anlhony L. kOOK, hereinaner
referred 10 as "Property Owner":
WHEREAS, the Property Owner is Ihe owner in fee simple oflhe following described
properly loealed in the County of Frederick, Virginia (hereinaner "lhe Property):
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All of Ihat certain Iract or parcel of land, togelher with the improvements
Ihereon and appurtenances Ihere unto belonging, lying and being situate ;n
Opequon Magisterial DislriCI, Frederick County, Virginia. eonlBining 72.393
square feet, and being designated as "Park" on the Deed of Dedication and
Declaration afrlat of "The Meadows" subdivision, daled May I J, 1970, and
recorded in the Clerk's Office oflhe Circuit Court of Frederick County,
Virginia, in Deed Book 363, a' Pa;;e 658; and beini/th: same property
acquired by Anthony L. Cook by Deed ofGi" fro," Joy H. Costello and Lewis
Michael Coslello. of record in the aforesaid Clerk's Office in Deed Book
'i'..-; 7 ' at Page /
,
WHEREAS, the Deed of Dedication and Deelaration of Plat for 'The Meadows"
subdivision, of record in Ihe aforesaid Clerk's Office in Deed Boole 363, at Page 65!, =
title 10 the property 10 the devoloper, Fredericl::towne Company, a predecessor in interest 10
Anthony L Cook; and
WHEREAS, Ihe property owners of "The Meadows" ha\e 001 formed any property
owners' association, and are not required 10 do so; and
\VHEREAS, more than Iwenty years have passed since approval of the Deed of
Dedication and Plat; and
WHEREAS, the Parks and Recreation Department and other Counry entities havc not
received any inlerest in the property, nor requested such inte=t; and
WHEREAS, Ihe property is nol part of any "open space" requirement by the Counry.
and it would be no violalion of any County ordinance or regulation 10 develop the prop::rty;
and
WHEREAS, Ihe Board of Supen'i:mrs, allheir regular meelinR on Harch 22. 2000
conculTed with Ihe vacation of interest;
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T1IEREFORc. pllr5llanlln Tille 15.2 of the Code nfVirgilli;, (1')50), a' amcnded, Ihc
County hcreby vacalcs any inlcresl it may have on the plat of"The Mcadow," in (hc property
herein hcl\>rc described. and vacalCS thc design lit ion oflhe property as "Park", such lhatlhe
rroperty shall he Ircalcd in Ihc same Ill;,"ncr as nlher 1"15 in "The Mcodows" suhdivision.
suhjccl lo ~II rcslriclions ami r.::::~sC:nlcnts of record.
\\Tn~ESS Ihe following sibnalures ~nd seals:
!Jill,; f,!!.\ J
Anthony L. Cdok
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COllrny OF FREDERICK
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By J~h~. ~lCY. Jr.
Its County Ad..!n, . and Authorized
Agent
Commonwealth of Virginia
City/Counlyof "\. .rlr,;d<
, II) wit:
Taken, subscnbed and sworn before me, a NOlary Public for lhe stale and jurisdiction
aforesaid, by Anthony L. Cook:, this :i:1!day of fY"o(." ~ ,2000.
"1',,-.:014 /\ 1111v::.-.
'No(ary Pubhc
My Commission Exrires:d :...'6 }', 'Jli)~
Commonwealth of Virginia
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Taken, subscribed and sworn before me, a Nolary Public for Ihe stale and jurisdiction
aforesaid, bY(-\t\-'n'~~ /-;?, It'l _,~, authorized agent for County of Frederick,
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1.s ill favor of an increase ill " ">anitary distiict fees lmt disagrc;es wit!. . e Uniml>roved lot owners
not being assess~ a>;l met'case. II e felt it was Unfair to iwoyease the ree for U~e il1ij'>roved lot owners
only,
Wilson Gilul>i-t. O,;t,(Jl1on District: Asked the board's "upport in fully funding the
proposed school budget.
TIle public I",,,,ring Was c1osod.
Cowlly Admiroslrnlor Riley advised the bonrd ilint u final budget worksession would be
schodult:d for the fit'St woek ill April and tbe: final budget "Would be presented to the board for
approval at tbeir next meeting on April 12.
COUNTY ADMlNJSTR.A, TORRTLEY ADVISED TIlE PUBLIC TIJA T OPEOUON
DISTRICT SUPERVISOR ROBERT M. SAGER'S ABSENCE 'WAS DUE TO NECK
SURGERY AND THAT HE IS DOING WELL
WfNCHESTElt REGIONAl. AffiPORT RROIJEST FOR A SU:PI'Ui:}\,O!:NTAL
Al'I'ROPRIATION OF 1108.625 wmCH "WJJ~L BE OFFSET BY GENlWAT.lUl
REVENUE - APPROVED
County Administrator Riley presented this request. SiDce the time the airport's budgcl was
prepared, fuel cost has incTeuso<:! rippTo:>timaiely 33%, and based on last YOIlr'S sales, tlus
appropriation will bo needed to cover fl.;!; tlUi-chase of fi101 fOJ' tlle torriai.'o.ing fiscal year.
Winohestc:r Regional Airport Operations Supervisor David Foley appearod before the board
to answer qucstions. He advised that next year's appl"ol>l'iation would be monitored iind Ille
appropriate aeiion taken.. ifnecessary, should luel cosl ooIitinuc to be 011 the rise. ~. Foley ftrrther
advisod that rates 10 the pubHc are based on a cost plus t,,'ofil ITlaTghl and Ulerl it is detelTninod ifthc
cost Call be charged to the cnstomor or if it has to be a gradual inCl-e3s". R.ates al'e basE:u like any
olhE:r retail gas busines5,
Upon motion madE: hy W. Hamngton Smith, Jr., sooondE:d by Sidney A. Reyes. the above
Tequest was approved by tile following reoorded vote:
Riclllud C. Shickle - AYE:
Charles W. Orndoff, Sr. - Aye
W. Hanington Smith, Jr. - Aye
Robert M. Sa.ge:r - Abslmt
Margaret B. Dou.glas - Aye
Sidney A. Reyes - Aye
REOUEST FOR VACATION O-p nrrERES"r 1t1.ioM ANTHONY L. COOK, TITE
MEAl>OWS- SUBDIVTSION - A I'l'ROVJJ:D
REsPoNDENT's .
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:Bo2rd Df SupervlslUl"S Mecila, Dr b.:V1%./00
:audeet Public lIe.rin: J\.feeting:
Mlnat4: BODk. 'Number 76
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This lot, located in r lyfeadows Subdivision. was designated
-ark open-space at UH: time
it was plaIted. The concept of a park never materialized and bas become an unatfnlctive nuisance.
'Mr. Cook has acquired the parcel and wishes to iUlprove it.
Upon motion made by W. Harrington Smilh. Jr.. seoonded by Charles.W. Orndoff, Sr., tile
,-, above request was approved by the following recorded vote:
Richard C. Shickle - Aye
Cbarles w. Olhdoff; Se - Aye
W. Harrington SnuUl. Jr. - Aye
Robert M. Sager - Absent
Margaret n. Douglas - Aye
Sidney A. Reyes - Aye
:RESOI.UTTON (#036-00) - IN SU)>PORT OF TIlE SHENANDOAH VALLEY AD
ROC REGIONAL WATER AUTr.{ORlTY EXPLORATORY COMMITTEE _
Al'PROVED
UPOI' luotion made by W. Hanington Smith, Jr., seconded by Margaret B. Douglas, Iho
following resolution was approved:
RESOl.UTlON IN SUPPORT OF THE SUENANDOAH VALLEY AD HOC REGIONAL
WATER AUTHORITY EXl'LORATORYCO:MMJrrRE
WHEREAS. HIe SheIlandoal, Valley Ad Hoc Regional Water Autholity Exploratory
Committee held its organizational meeting October 20, 1999; and
WHEREAS, Ille concept of u Request for Proposal to deal ..vitt. the issues identified in Ille
September 29 meeling, as set out in the Preamble. was proposed and seryed as the focus ofrneetings
December 21, 1999 and February 29. 2000; and
''VllEREAS, the Exploratory Committee has developed a three part Request for Proposal
entitled "Analysis or Regional Water Supply Solutions" which includes, at a reasibility level. (1) a
watet resource evaluation, (2) an infrastructure evaluation, and (3) an organi7.l>tional evaluation of
reglor,al vvaler supply options which would resull in an overall ,ecolnmoodation and organizational
implernenlation plan for considc:J..Uon by the comn,itlee; and
WHEREAS, tile information available to a,e committee suggests an anticipated minimum
negotiated contract cost of $50,000 which, on population based funding would average under 28
cents per capita :for tile 1999 current population estimates of 181,300, up to $180,000 or
al)proxirnately a dollar per capita; and
VVREREAS, Planning District Commission and local govermncnt staffwill be in a position
to cooperate in the oollection and presentation of the base docurnents for tlle report, effectively
minimizing the direct oost for conrulta.ht cxpCiftiso Mid effectively increasing the value of tlle
prod uct; and
WlfEREAS, this strutoglc regional cooperative invostrnont to understand llie reso'urccs and
options for fue region at this point. as it may face a doubling of population in tlus c=tury. will return
benefits many times over such an investment; and
WlIEREAS. the Ad Hoc Committee has requested a rcsolutJoh of &Upport from. local
govenunents in tho region that Planning District Commissioo and local govetntnent slaffresources
be oommitted to finalizing the Request for Proposal 10t-issuaIloe on bebalfofthe Ad Hoc Co:mrniUee
Board pr Sppcrvisbn MCds.n~ or 03/2.2100
Itudcel ru.Lllc U~'ran= Mcdlo,::
M'nute 1J.66k NutDl.Jer 26
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---.-.-.--.--..-------.--..-.AGENDA----.-
REGULAR MEETING
fTlEDErlll:K !;OlUHY BOARU or SUI'uIVI50llS
WEJ.ltlEStlAY, MA"Clt 21., 20no
7;15 \'.1\'1.
cmINTY ADMINISmATlUN' BU'LUING
1111 NOR'" KliNT SnlF'F.l, WINCII!;:S!f.n. VllIGINIA
c: illl..t'LQ'st'!
Ifl'i.'l<;.!'.1I011
M!!l'.IIO!l'iJ 8.91!'\ti.
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MiJll'ftl
!:'l/.l21l~.!:l.f.l!!m..'l:
,. Pr~po$l'd Bu::Jg€'\ ,()!' ~":'.;.calYe-ar ?000 ?OOl for r:'OlCUf!(;:.i<
COlll'.\V.
k.9W1t,-Qti!.l;1~.l:t:
,. f":\P.tf\)~st )rOrtl the "Viflct;(~~t~r .R~;gion;t.' Ai'port for 3
SUPr.\e.ITlt'olaJ ,.'\rr:HopriatiOfI
?. ReQuest ~or Vac3!ion ul lnlare:;t TIll} Mey,rJO',r.:t,; 8L!b~Sh,.,!;i':m
J. Corr~gpond~nee arl<i Resolution nc; SI'v'ln!mkA\n V<lil"l' ~,d
Hoc l=1ogbnal Wmc' f,u'hc-dti' ElCploralcHY Com,r.i!h?\l.
!l,l)llYlllB.~I:'.9.lj~
it9~!tLgl..2~!l'1~~\(. _C.'?'!ll!'~J.1.!'
~ ,tilt\i.I.!J
(A copy o( the ngend3 will Ile ,\\'aHable 'Olf r~vl~w
al ttle HandlDY Regional L1br",y, Lcuo,)ul\. SIJ...~1 .
Mall localk,n.) .
cr..htc.?"~.1.-I::'d'
John ~l. Riley. Jr.
County Adml"19l,.t,,,
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AGENDA
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, MARCH 22, 2000
7:15 P.M.
COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STR~ETJ WINCHESTER, VIRGINIA
Call To Order
Invocation
Adoption of Aqenda:
Pursuant to established procedures, Ule Board should adopt the Agenda for
~ the meeting.
. .
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Citizen Comments
Minutes:
1. Regular Meeting, February 23, 2000. (See Attached) - - - - - - - - - - - - - - - A
Public Hearing:
1. Proposed Budget for Fiscal Year 2000-2001 for Frederick County.
(See Attached) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B
County Officials:
1. Request from the Winchester Regional Airport for a Supplemental
Appropriation. (See Attached) - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - - c
2, Request for Vacation of Interest - The M~dows Subdivision.
(SeeAtlached)----------------------------~-------------- D
3. Correspondence and Resolution Re: Shenandoah Valley Ad Hoc'
Regional Waier Authority Exploratory Committee. (See Attached) - - - - - - E
RESPONDENT'S
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.J' THIS nF-ED OF GIFT.. made and dated this .J1,t.. day or
(l..J.......-___ ,2000, by and between Joy H. COSTELLO, individually, and Joy
.7 L/
H. COSTELLO AND Lewis Michael COSTELLO. Co.Executors and Co. Trustees oC
tbe Estate oC Lewis Meyer Costello. hereinafter referred to as Grantors; and
Anthony L. COOK, hereinacter referred to as Grantee.
WITNESSETH: That Cor and in consideration oEthe sum oCOne
Dollar ($1.00), cash in hand paid, and other !:ODd and valuable consideration, .the
sufficiency and receipt or which is hereby acknowledged. the Grantor, Joy H.
Costallo, individually, does hereby c;rant and convey, with General Warranty and
En~liah Covenants of Title. and tbe Grantors. Joy H. Costello and Lewis Michael
Costello, Co. Executors and Co- Truatee. of the Estate of Lewi. Meyer Costello. do
bereby grant and convey witb Special Warranty ofntle, unto the said ANTHONY
L. COOK. in Cee simple, the following described property located in tbe County of
Frederick. Virginia (the "Property"):
All or that certain tract or parcel oCland, togetber witb
the improvemenll thereon and the appurtenances
thereunto belonging. lyia~ and !leiDe situate in Opequon
Magisterial District, Frederick County, Virginia,
containing 72,393 square reet; and being designated as
"Park" all the deed ot dedicatiOD and declaration ofplat or
"The Meadows" Subdivision, dated May 11, 1970 and
recorded in the Clerk'. Oflice at tbe Cir:uit Court of
Frederick Colmty, VU'ginia in Deed Book 363 at Page 658;
AND BEING a POrtioD or the same property acquired by
Lewis M. Costello by deed !rom Fredericktowlle Company,
a VJCgin.ia corporation, dated February 4.1987, and oC
record in the aCoresaid Clerk's Office in Deed Book 638 at
Page 543.
The said Lewis Meyer Costeno is IlOW deceased and his
last will and testament is of record ill the aCoresaid
Clerk'. Office ill Will Book 103 at Page 1804.
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OK 9 57 PC 0 0 02
Reierence iR here made to the aioresaid instruments and the
attachments and the reCerences therein contained for n El.lrther and more particular
description oCthe property hereby conveyed.
This conveyance i. made subject to easements, conditions and
restrictions of record insoCar as they may lawfully affect the Property.
WITNESS the following signatures and seals:
~~~~ (SEAL)
S MICHAEL COSTELLO,
Co-Eucutor and Co-1'ruatee of
the Estate OCLewil Meyer Costello
ST~OFVIRgI~ATJ.ARGE , .
O~@..To-W1t:
The rorel:OiDc Wtrumellt was acknowledged before me by JOY H.
COSTELLO, Individually, and JOY H. COSTEUO and LEWIS MICHAEL
C<?STELJ.,p, Co- utors and Co-Truateel of the Estate or Lewis Meye:..~~~~o,
this ~a'Y of 2000. .., \ ~ ",; ~ .'.
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NOTARY PUBLIC 1\1 \. ";".:. .::;...:.... /.
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Deed prepared by: <,.':"'~--,... .
Thomas M. Dici:inaon, Jr., Esquire
THOMAS M. DICKINSON, JR., P. C.
102.2 South Kellt Street
Winchester, Virginia 22601
(540) 667.1095.
VIRGINIA: l'JtEDElUCK COUNTY, SC'r.
'nib lDslrument of writiug,.. plOlluced to me DII
::Jan. r.tz ,r~~ I~ .'J? ./J.I'Q,
Illd wttb =nlllCIIIC Dr lIcbtDWIcdJCincnt lbcrelO mllClCd
was Idmlllcd 10 ",cord. Tulmpond by See. 5I.J-BO: of
I #.4 .w sa.I,801 hIw Mal pa/(f./t TII r aIQ
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