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HomeMy WebLinkAbout01-05 ApplicationADJOINING PROPERTY ZONING USE: APPEAL APPLICATION #01 -05 COLLEEN MCDONOUGH Staff Report for the Board of Zoning Appeals Prepared: February 7, 2005 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: February 15, 2005 Pending LOCATION: The property is located at 162 Hopewell Road in Welltown Heights Subdivision MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 32 -5 -5 PROPERTY ZONING USE: Zone: RA (Rural Areas) District Land Use: Residential Zone: North: RA (Rural Areas) Land Use: Orchard Zone: West: RA (Rural Areas) Land Use: Residential Zone: South: RA (Rural Areas) Land Use: Residential Zone: East: RA (Rural Areas) Land Use: Residential APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to adjoining setback requirements. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator pertaining to adjoining property setback requirements. Appeal Application #01 -05, February 7, 2005 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick Zoning Ordinance pertaining to adjoining property setback requirements. This property was created in 1966 as noted by the deed and plats included in your agenda. The deed with the recorded plats set the building setback lines for 32 -5 -5 as 10' from the sides and 50'front. As identified in the recorded deed and plat for Welltown Heights Subdivision in your agenda. STAFF CONCLUSIONS FOR THE FEBRUARY 15, 2005 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165 -4, Administration and Interpretation of the zoning ordinance by the Zoning Administrator regarding of the recorded deed a plat for setbacks, and issuance of a building permit for lot 32 -5 -5 of Welltown Heights Subdivision. 1 32 /3 G ORHOORFF, CHARLES R SYLVIA G 32\4 133 MCDONOUB11, COLLEEN M Appeal 01 05 Colleen Mcdonough (32 5 5 so 100 Feet 200 RUSSELL, D. K. SONS, INC. 32 4 B4 PASQUALI, JOSEPH CARLTON 300 p A 42 a 0 2A I LEVENGER 32 A 41 CLEVENGER, A 32 4 63 P CDONOUGH, COLLEEN M R(r ss�(t A 5 AT R ksf`e A .f v wc I qr w 0 Will Ltt IF M 0 O 4f1[ s M y V, Si W 0 O k O' .32 A 42 RUSSELL, D. K. SONS, INC. 32 4 PASQIJALI, 3OP1-I CARLTO CLE ER, abe 10OSM Appeal 01- 05 Colleen Mcdonough (32 -5 -5) 50 500 Feet 200 000 FINAL PLAT D. K. RUSSELL LOTS STONEWALL DISTRICT FREDERICK CO., VA. I" 100' MAY 1966 LEE A. EBERT, C. L. S I CERTIFY THAT THE LAND INCLWDED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO D. K. RUSSELL BY LAWRENCE F. DORSEY 9 MARCH 1944, RECORDED IN DEED BOOK 189 PAGE 46 .ce.g- g _a:ft LEE A. EBERT, C. L.S. ir o 251.35' or. 2 51 1 4 ARC= 119.44' 0. R A 246 6.77' rn 4 S65 245.84' s 3 1 ARC= 31.24' r. 0 N 5 J 247.00' WI NC RIME R'4°.'''sZERICK COUNTY HEAL i• Dt PT. 140.00' 3 tr OTHER LAND NOTO: THtS3 LOTS APPROVED ON INDIVIDUAL &A.SIS ONLY VA. RT. NO. 672 N66 W 1231.35' 140.00' 140.00' so IL OG. 4 5 140.00' 1 140.00' 140.00' S 66 .E 1227.00' 140.00' 1 140.00' 140.00 L1N[ 6 140.00' 7 APPROVED B .O. BRUMDACR. CHAIRMAN FREDERICK CO. BOARD OF CRVISORS Cr C %dfd/(� S 9 H. C.CROWDER. RESIDENT ENGINEER VIRGINIA DEPT. OF HIGHWAYS DR. L. 0. FEARS. DIR CTOR VIIGIHIA DEPT. Of HEALTH CL L i rx-A SANITARIAN VA. 0 OF HEALTH FT. BASS SUBDIVISION ADMIHISTRA c0 140.00' 1 140.00' 8 140.00' 9 140.00' WELLTOWN HEIGHTS #1040 y D. K. RUSSLLI DEED OF DEDICATION *rate***** *e *e WHIMS MCS I1aHXalaa um Wm Al u. .iHanm, awn. BOAT; 322 rat 45 THIS DEED OF DEDICATION, made 9 day of May, 1966, between D. K. Russell, unmarried, of the one part, hereinafter called the Grantor, and the County of Frederick, Virginia, of.the other part, hereinafter called the Grantee. W I T N E S S E T'H: 1. That the boundaries of the subdivision entitled WELLTOWN HEIGHTS, Lots 1 through 9, inclusive, and the adjacent roads are as appears from plat of Lee A. Ebert, Certified Land Surveyor, dated May, 1966, attached hereto and made a part hereof by this reference. 2. That the land herein subdivided is a part of the same land conveyed to the Grantor by deed from Lawrence F. Dorsey dated March 9, 1944, and.duly recorded in the Office of the Clerk of the Circuit Court of Frederick County, .Virginia, in Deed Book 189, at Page 46. 3• That the platting or dedication.of Lots :1 through.9, inclusive, of WELLTOWN HEIGHTS, heretofore more particularly.described.. in Paragraph 1 and in the attached plat is with the free..consent, and in accordance with the desire of the undersigned owner of said property, the Grantor herein. 4. That the Grantor does hereby grant and dedicate to the Grantee all of the land shown on the attached plat abutting the lots of said subdivision and lying within thirty (30) feet of the centerline of Virginia Secondary Routes No. 661 and 672. This conveyance and dedication is for the purpose. of a pablio road or street for the benefit of the County and the public to be used for all purposes for which a public road or street might be lawfully used. 5. That the lots in this subdivision are subject to the following restrictions which constitute covonanta running with the land and shall be binding on the Grantor and all subsequent owners of said lots: (a) No building shall be located or erected nearer'to the front property line of any of said cote than the building sot -back line as shown on the attached plat. No buildin shall be erected on any lot within a HARRISON s JOHNSTON ATTORPIVIII ..0 ten (10) feet of the side property lines. (with or with- out detached garage (b) Nothing but a single private duelling or. re sidence /designed for the occupancy of one (1) family'ehsll be erected on any .lot in thin subdivision nor shall any lot be used for any purpose other than residential. (c) No dwelling •shall be erected or maintained on.any of said lots to cost, when completed, leas than .Twelve Thousand Five Hundred Dollars ($12,500.00) or have a grand floor apace of less than one thousand two hundred (1,200) square feet in the case of a single floor dwelling or one thousand (1,000) square feet in the case of a multiple floor dwelling. The foregoing provision as to cost shall be effective until August 3 and thereafter shall be adjusted each five (5) year period to reflect increase or decrease of the BLS INDEX of Cost of construction as this ratio relates to that currently in effect as of the date of this instrument. (d) No trailers or temporary buildings shall be erected or maintained on any lot in this subdivision.. (e) No horse, cow, swine, goat, fowl or other livertock shall be kept or maintained on any of the lots in this subdivision. (f). Each duelling house erected upon lots in this subdivision shall include running eater, bathroom, septic tank•and dri field which all must be approved by the Winchester Frederick County Department of Health and their location set forth and approved prior to the commencement of construction. The Grantor does sign this deed of dedication for the purpose of showing that he has consented to and agreed to this dedication and to all the provisions herein made WITNESS the following signature and seal: au„., p.) D. K. Russell bOOK 322 PACE 49 The above plat WELLTOWN HEIGHTS D. K. Russell Lots is a Survey of a portion of the Land conveyed to D. K. by Deed dated 9 March 1944 in Deed Book 189 Page 46. The said Land fronts the Eastern Boundary Lines of the Welltown pike Rt. 661 and the Southern Boundary Line of Va. Rt. N o. 672 (The said Boundary Lines being parallel to and 30.0 Ft. from the Center Lines of the said Roadways), and lies in Stonewall District, Frederick County, Virginias Beginning at an iron pin at the intersection of the Eastern Boundary Line of Rt. 661 with the Southern Boundary Lino of Rt.' 6 72, running with the. throe following Eastern Boundary Lines of Rt. 661 S 10 W- 40.00 ft. to the P. C'.; thence With the Aro Line 150.68 ft. (Chord Line S 11 451 W 150.66 ft.) to the P. T. thence S 13 0 30 W 127.24 ft. to an iron pin corner to the Retained portion; thence with the northern line of the said Other Land S 66 E 1227.00 ft, to an iron pin corner to the Davis ;Lot (2.006'Acres); thence with the western line of the said Lot N 13 E 316.96.ft. to an iron pin.in .the :Southern Boundary Line of Rt. 672;. thence with the W- '1231.35 ft. t°' the beginning.. Containing 8 .7 6 48 iT C Surveyed r May 1966. `''Certlfie d' Land`SUrve or, Comm. of,Virginia, 484. Russell VIRGINIA a COUNTY, This (96 lws hlnuwktr of writing was produced to me on the o{'( Q1 day of l at end with certificate e of ocknow.adpmentj ereb annexed was milted Ao record, 0 The above Plat WELLT0W; HEIGHTS D.,.K, Russell Lots is a Survey of a portion of the Land conveyed to D. K. Russell by Deed dated 9 March 1941} in Deed Book 189 page`46. The said Land fronts the Eastern Boundary Lines of the Welltown Pike Rt. 661 and the Southern Boundary Line of Va. Rt. H o. 672 (The said Boundary Linos being parallel to and 30.0 Ft. from the Center Lines of the said Roadways), and lies -in Stonewall District, Frederick County, Virginias Beginning at an iron pin at the intersection of the Eastern Boundary Line of Rt. 661 with the Southern Boundary Line of Rt. 6 72, running with the.throe following Eastern Boundary Lines of Rt. 661 S 10 W 40.00 ft. to the P. C.; thence with the Aro Line 150.68 ft. (chord Line S 11 451 W 150.66-ft.).to the P. T. thence 5 1 3 0 3 W 127,E Tt, to an iron pin corner to the Retained Portion; thence with the northern line of the said Other Land s 66° E 1227.00 -ft. to an iron pin corner to the Davis Lot (2,006'Acres); thence with the western line of the said Lot-' O r'. E.- 316.96 ft. to -an iron pin the Boundary Line of Et. 672;, thence with the. said: Lino.i 66 i.;: 1231.35 y May .19 a• EB ERT Surveyed Certified' Land Surveyor, Conn. of Virginia 484. VIRGINIA FREDERICK COUNTY, SCE This Iastmmons of writing was produced to mo on the day of 17 U Fo4 f 9HYt� W 0' d 'th certi I of oc ow.edgment ereto annexed was 6OUK 322 tact 49 7 VIRGINIA FREDERICK COUNTY, (SCT. #I87 LAWRENCE F. DORSEY, ET UX TO DEED D. K. RUSSELL above written: REVENUE STAMPS $27.50 CANCELLED STATE OF VIRGINIA, COUNTY OF FREDERICK, This instrument of writing was produced to me on the 9th day of Mar. I944 at 4:30 P. M. and with certificate of acknowledgment thereto annexe as admitted to record. T -H -I -S D -E -E -D made and dated this 9th day of March, I944, between Lawrence F. Dorsey and Zetta M. Dorsey, his wife, parties of the first part, and D. K. Russell, party of the second :part. Taat the parties of the first part in consideration of the cash sum of Ten ($I0.00) Dollars, and other valuable consideration to them paid by the party of the second part before the delivery of this Deed, the receipt of which is hereby acknowledged, do grant and convey with general warranty of title, unto the said D. K. Russell, his heirs and assigns forever, all of that certain tract of land im- proved by dwellings, barn and out buildings, located in the County of Frederick, Virgini along both sides of the WellTown Road, about Five (5) miles N of the City of Winchester, and known as the "Cochran Frm or the WellTown Farm and containing Two Hundred and three fourths (200 3/4) Acres, together with all appurtenances and privilege thereto belonging, This is the same property conveyed to the parties of the first part by Deed of Daisy D. Cochran (Widow), March I2, I943, which Deed will be found of record in the Clerk's office of the Circuit Court of Frederick County, Virginia, in Deed Book I86 page 524, to which Deed and the references therein contained, a reference is here made for a more complete description of the property herein conveyed, and a chain of title to the same. Said parties of the first part covenant that they have a right to convey said property, that the same is free from all liens and encumbrances, and that they will forever warrant and defend the title thereto. Witness the following signatures and seals this date LAWRENCE F. DORSEY ZETTA M. DORSEY ,Clerk SEAL) (SEAL) I, Kathleen R. Kline a notary Public in "and for the County of Frederick, State of Virginia, do hereby certify that Lawrence F. Dorsey and etta M. Dorsey, his wife, whose names are signed to the foregoing writing, bearing date on the 9th day of March, I944, have personally appeared before me and acknowledged the same in my County and State aforesaid. APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA FFIC +USE Submrttalo,Deadhne E e: meeting o MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the other (Check one) 2. APPLICANT:: J� OCCUPANT: (if different) NAME: l3°I�eel/1 h NAME: AV ADDRESS 11 d I wdL KcQ ADDRESS: Clam ro,fr a .2 6 �4 TELEPHONE: 6107 -DI 19 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): ‘Aopt well Poet() a4- LakLlfo n Rc is r o p e is roc, a- Y? hu dio 1444 l ntc e- 21 (oT 5. 4. Magisterial District: 96r1C1A14 1 1. 5. Property Identification No.: 3 2 5 —5 6. The existing zoning of the property is: I 2 uttat A feet 7. The existing use of the property is: RCS Ideit,h;tK 8. Adjoining Property: USE ZONING North O'cc* i cIS FA South ti}ta Q South West 9. Describe the decision being appealed. (Attach a copy of the written decision.) F see a -04x n1 1 \actItCT %ori t kits {p� pp S c w St G�IV ISIWt 1'1 v\ (l txi rUVGfi� 4Xtt r r 1 S i-- \octclLS of (2) sic�.e,S P et ©rtoIrtaD Dee" 7 2 0 pctla 54S a al- IV' -d 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) ,Jew Q'cm s ur. w 4 shovild tined ttaitaid S2A DIlIyWI 54-20+ -e, 9 SO --C7" 00 3 sic is Soo if 1 ;4 1Y0`4• bPcets. >Ja+ _Oft iorce_e IN 2rti n Jm/vl pAt Oee S Nbuocezt of o v o+ i t Lus 4 -raie_ V k 4z& r twvtte it �cit °�trrrt... w r N� vvl 1.i 11. Additional comments, if any: gun ck Qv 47 1.0"5 'fit 8-3 5h1 LeT bOn1A -LD I- O�LT Address 1 (a 2 Pepe tuet t fl tarp` 2u z Property ID 3 2 -5- 5 r.Pocu1-writ- d ea�vcc.t- Ro 'i si ytStGC- Address 24 1a )4019-e cd poach Loy 5 Property ID 3 2 —5— 9 Pass V, Jo3eph 1 Address 2(,4? ►Ylat4,nsbtnc P 4i )3 S 0 Property ID 3 2 j 2 L or- 2 Russ- d1, gem rid 4 &w en Address 1q I 1 n t4-p) leta L oT 4— Property ID 3 2 4_ f y Qa des I Ke l44 4. Sh 041) /1 Address 1 8 i tit Orc, .a j Pr. Property ID 3 2 3 1c-k F tEti�/✓IS, DA h n N m i s 1 4 fr.0 y Address R. I S G DV- o a&c IdY Property ID 3 2 S Address Property ID Address Property ID Address Property ID Address Property ID Address Property ID NAME 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list Property Identification Number.) 5221 I,3aeks h t rc Ci #9 1 sit G l zzoss AGREEMENT APPEAL# 0 b I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. SIGNATURE OF APPLICANT APPEAL OVERRULED File O'Lend Use Applications\Application Fonns\APPEAL Revised: 01/14/03 SIGNATURE OF OWNER DATE (if other than applicant) OFFICE USE ONLY BZA PUBLIC HEARING OF 0/1 S ACTION: DE- APPEAL SUSTAINED BZA CHAP AN DATE: r��.S 0 DATE 0 20/0c l I• '.r 451 (J JOSEP CARLTON PASQUALI, ET UX SGB:pb 44345 1/20/92 an Duran sea :1:te 545. 720 ye THIS DEED made and dated this 2( day Of y dn((.(u..i 1972, by and between JOSEPH CARLTON PASQUALI and HELEN JANE PASQUALI, parties of the first part, hereinafter called the Grantors, and JOSEPH CARLTON PASQUALI, party of the second part, hereinafter called the Grantee. WITNESSETH: That for•and in consideration of the sum of Ten (510.00) Dollars, cash in hand phid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby g and convey with general warranty of title unto the Grantee, in fee simple absolute, all of the follewing described property: 1) All of those two (2) certain lots, together with all improvements thereon and the appurtenances there- unto belonging, located in Stonewall Magisterial District, Frederick County, Virginia,.and designated as Lots No. 5 and 8 on the plat of Welltown Heights Subdivision, said plat of record in the Office of the Clerk of the Circuit Court of Frederick County, Vir- ginia, in Deed Book_322, at Page 4$; and being a portion of the same property conveyed to the Grantors herein by deeds recorded in the aforesaid Clerk's Office' in Deed Book 330, at Pa e 205, and Deed Book 437, at Page 719, respectively. 2) All of that certain lot or parcel of land, together with all improvements thereon and the appurtenances thereunto belonging, located in. Stonewall Magisterial District, Frederick County, Virginia, designated as Lot No. B -4 as shown on that certain plat of record in the aforesaid Clerk's Office in Deed Book 350, at Page 438; and being a portion of the same property conveyed to the Grantors herein by deed of record in the aforesaid Clerk's Office in Deed Book 437, at Page 719.• Reference is made to the aforesaid plats and deeds for a more particular description of the property herein conveyed. This deed is mad; pursuant to a written property settle- ment agreement. This conveyance is made subject to all easements, 'rights of way and restrictions of record affecting the subject property. The Grantors do hereby covenant that they have the TO: DEED JOSEPH CARLTON PASQUALI *k* *k *k Bost 545 ,;u 721 right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. ,n'nsrSS the s and sim 7 1..14..'.✓ 1: s. 4 s (SEAL) t OSEEB CARLTON PASQUALI HELEN .7ANE AS� I1/4grAtik STATE OP Z4t, -xuf [.G6 a 6 p c.- CITY /Q OY zlliir:. nc .fit� To -wits I, IA.ceui. -c y a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that JOSEPH CARLTON PASQUALI, whose name is eigned to the foregoing Deed, dated the AL day of dn y /Xlmawi 1982, has personally appeared before me d ackndwledged the same in my State and jurisdiction aforesaid. Given under my hand this day of aoue.a4 1982. ty Commission expires 7ZO lgxAj /9 S A NOTARY PUBLIC STATE OF it‘...; ,...;,.44/24. CITY /GoNNTY P' To-wits 1, hT .1.. t sti p a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that HELEN JANE PASQUALI, whose ame is signed to the foregoing Deed, dated thear of mime 44-- 1982, has personally appeared before, me and a nowledged the same in my State and jurisdiction aforesaid� Given under my hand this /de day of; w...eti -y 1982. 'My Commission expires /2 -a7 .d3 a 4 Le l atE -4 -joey. IIRSrda FREDERISrt O)'IrT. SC;.. IN. th nmen:or.ot% was;:olocrl to nw on Vms:a±g,, dayw �A11 aria 15 AG :Y\. end .in adn.: a a_;ne2tccynem aw,:o .maw .aa •.•R.d m lord. /11 (SEAL) 0/1111110111 ,E"Xl1011 ,nu...v u. e n.n.0 #4215 K..- RUSSELL SONS, INC. i TO: DEED JOSEPH C. PASQUALI, ET UX *i: Bock 437 pa 719 THIS DEED, made this y a -day of 1974; between D. K. Russell Sons, Incorporated, a Virginia corporation, of the one part, hereinafter called the Grantor, and Joseph C. Pasquali and Helen J. Pasquali, his wife, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantees, as tenants by the entirety, in fee simple, with survivorship as at cosunon law, together with all rights, rights of way, privileges and appurtenances thereto belonging, all those two (2) certain lots or parcels of land, more particularly described as follows: PARCEL ONE: All that certain parcel of land, lying and being nttrac Stonewall Magisterial District, Frederick County, Virginia, fronting on the Eastern side of Virginia Secondary Route No. 661. (the Welltown Pike), and being designated as Lot 8 on that certain plat of WELLTOWN. HEIGHTS subdivision attached to and recorded with that certain deed of dedication dfro r K. Russell dated May 9, 1966, and Office of in the of FrederickCountp t Virginia, in Deed Book Court Clerk of 322, at Page 45. PARCEL TWO: All that certain tract or parcel-al-Ma; lying and being situate West of but not adjacent to Virginia Secondary Route No. 661 (the Welltown Pike) in Stone- wall Magisterial District, Frederick County, Virginia, and being the same land designated as Parcel "B-4 containing 2.00 Acres on that certain plat attached to and made a part of the hereinafter referenced deed. The land herein conveyed is the same land conveyed to the Granto herein by deed from J. Robert Russell, Executor of the Estate of DeKalb Russell, Deceased, dated January 5, 1972, and duly recorded in the aforesaid Clerk's Office in Deed Book 385, 71 7 2o ss..,1OY IONY,TTT .n.,... T u. BOON 437 PAGE. 720 at Page 638, reference to the, aforesaid deed and plat and •to the references contained therein is here made for a further and more particular description of the realty hereby conveyed. Parcel One hereinabove conveyed, being Lot 8 of WELLTOWN HEIGHTS subdivision, la subject to the following restrictions which constitute covenants running with the land and shall be binding on the Grantees herein and all subsequent owners of said lot: (a) No building shall be located or erected nearer to the front property line of any of said lots than the building set -back line ;ad shown on the aforesaid plat. No building shall, be erected, on any lot within ten (10) .feet of the side ,property lines. (b) Nothing but a single private dwelling or residence with or without detached garage designed for the occupancy Of one (1)- family shall be erected on any lot in .this subdivision nor shall any lot be used for any purpose other than residential. (c) No dwelling shall be erected. or maintained on any of said lots to cost,.when completed, less than Twelve Thousand Five Hundred Dollars ($12,500.00) or'have a ground floor space of less than one thousand two hundred.(1,2 square feet in the case of a single floor dwelling or one thousand (1,000) square feet in the case•of a multiple floor dwelling. The foregoing. provision as to.cost shall be- effective until August 30, 1967, and thereafter shall be adjusted each five (5) year period to reflect increase or decrease of the BLS INDEX of cost of construction.as this ratio relates'to that currently in effect as of the date of this instrument. e• (d) No trailers or temporary buildings shall be erected' or maintained on any lot in thie.subdivision. .(e) No horse, cow, swine, goat, fowl or other livestock N,01,011 +OMM,i011 ATIPAIIVI AT LAO mt n.uni &Sa gs, e 0 a. 'f�. 4 y Y 7 2) BOOK 437 nLE 721 shall be kept or maintained an any of the lots in this subdivision. (f) Each dwelling house erected upon lots in this, subdivision shall include running water, bathroom, septic tank and drainfield which all must be approved by the Winchester Frederick County Department of Health and their location set forth and approved prior to the commencement of construction. This conveyance is further made subject to all easements of record affecting the aforesaid realty.. WITNESS the following signature and seal: D. K. RUSSELL SONS, INCORPORATED Pres ent •EeGry_ STATE OF VIRGINIA, p 43444 ,2 OF E, To -wit: I, 0, 7S a Notary Public in aforesaid, do certify and for th eS l1 tate and l'n, b r! that 9 Ifi 'Ctig whose name as President of D. K. Russell 6 Sons, incorporated, is signed to the. foregoing writing, 4 1974, personally bearing date on the 7 day o p�' appeared before me this day in my said e,- IJ,' and in the name and on behalf of the said Corporation, acknowledged the said writing as the act and deed of the said Corporation, and made oath that he is President of the said Corporation and that the seal affixed to said writing is the true corporate seal of the said Corporation and that it has been affixed thereto by due authority. 339 D. K. RUSFRTJ TO DEED JOSEPH C. PASQUALI, LT -UK BOSK 330 rut 2 0 5 MEMO THIS DEED, made and dated this,/J day o 1967, by and between D. K. Russell, Unmarried, hereinafter called the Grantor, and Joseph C. Pasquali and Helen J. Pasquali, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantor by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantor hereby grants, sells and conveys, with general warranty of title, unto the Grantees, in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of those three (3) certain lots or parcels of land designated as Lot Nos. 5, 6 and 7 on the plat of Welltown Heights Subdivision, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 322, at Page 48, each of which said lots fronts 140 feet on the South side of Virginia Route No. 672 and each of which extends Southwardly between parallel lines a distance of 316.96 feet. Said lots are situate in Stonewall Magisterial District, Frederick County, Virginia, and are a portion of the same realty which was conveyed to the Grantor by Lawrence F. Dorsey by deed dated March 9, 1944, and recorded in said Clerk's Office in Deed Book 189, at Page 46. This conveyance is specifically made subject to the following restrictive covenants running with the land as set fort in the deed of dedication of said subdivision, which is recorded in said Clerk's Office in Deed Book 322, at Page 45: II na. u (a) No building shall be located or erected nearer to the front property line of any of said lots than the building set back line (50 feet) as shown on the attached plat. No building shall be erected on any lot within ten feet of the side property lines. (b) Nothing but a single private dwelling or residence with or without detached garage designed for the occupancy of one (1) family shall be erected on any lots in this subdivision nor shall any lot be used for any purpose other than residential. (c) No dwelling shall be erected or maintained on any of said lots to cost, when completed, less than $12,500.00 or have a ground floor space of less than 1,200 square feet in the case of a single floor dwelling or 1,000 square feet in the case of a multiple floor dwelling. The foregoing provision to cost shall be effective until August 30, 1967, and thereafter shall be adjusted each five year period to reflect increase or decrease of the BLS Index of cost of construction as this ratio relates to that currently in effect as of the date of this instrument (May 9, 1966). (d) No trailers or temporary buildings shall be erected or maintained on any lots in this subdivision. (e) No horse, cow, swine, goat, fowl, or other live- stock shall be kept or maintained on any of the lots in this subdivision. (f) Each dwelling house erected upon lots in this subdivision shall include running water, bathroom, septic tank, xm 33G riLI 20f; 4_50 LOT 1 60' R/W DAVIS LOT 2.006 AC. 0.8. 312 P.561 LOT 4 LOT 3 LOT 9 IRON PIN 316.96.` N13 'E ii1 vo5r 316.96 94.08' N12'48'40 "E 585.40 O JACK F. O DAVIS 0 0 2.00 AC. 2 N D.8. 338 O m T P. 13 NI 3 'E N O p 316.96' W0 4 o 8- 5 (0 0 n 1.00 AC. 316.96' B 4 N13'E 2 00 AC. 1 486/0 L OT 8 LOT 7 N13'E- LOT 6 o W 0 ¢Q O B_ 3' to 0 a 8 co 2D0 AC. co 0 u 25.154 AC. LOT 5 N Noz n 4 4m m N X00 y N1y t IPi1 B ,10 8 -2 m N 3. 88 AC. N Z N ;O in co WI) 512'30'W 4.10' N{3'E 316.96 W312.35 1- a 4 Q O 7 a 'vo 14529' 0 N 3 i i O W a e P] c °N o m1- I 0. 312'30'W- 611. 28' N 1NON PIN P057 PT. B[& 41 WELLTOWN PIKE RT.661 30' R/W 2' `i j .apy of the Remaining portion of The A000mpaning Plat 1s a DS to on Su 4 K. Rusaell Parcel "B" (Deed Book 338 417) of the Land conveyed said D. Lead fronts by Deed dated 9 March 1944 in Deed Book 189 Page 46. The the Eastern Boundary Linea of the Welltown Pike Rt. 661, and lies in Stonewall District, Frederick County, Virginias Parcel B 1" Acres; Beginning at a post in the Eastern Boundary Line of the Welltown Pike, a corner to The Parcel A (One Acre Tract) conveyed to Sarah Carter (Deed Book 33 Page 417). running with the two following lines of the-said Parcel S 72 18' 30" E 302.1 ft, to an iron pin; thence S 10 3 W 145.29 ft. an iron pin in.the northern line of the Teets Land; thence with the said Line 3 72 18' 3 E 1,185.91 ft. to to a post in the western line of the B. B. Coohran Land; thence with the two following lines of the said Land N 12° 48' 40" E 585.40 ft. to a poet; thence R 13 B 94.08 ft. to an iron pin corner to the Northeastern of Parcel B (conveyed to Jack L. Davie Deed Book 338 Page the Southern Linea of the said Portion and Parcels B 5, B 4, B 3, and B 2 N 66 W 1.525.02 ft. to an iron pin in the Eastern Boundary Line of Rt. 661; thence with the two following Boundary Lines S 12 30' W 611.28 ft. to an iron pin; thence S 10 30' 92.38 ft. to the beginning. 440 Parcel "8 2" 3.88 Aora t 35 1 VeP,innge Sn B S�aBB at an iron/in the Eastern Boundary Line of the Welltown Pike, Corner to Parcel B 1, runningvlth the Northern Line of the said Parcel 9 66 E 545.02 ft. to an iron pia corner to Parcel B 3; thence with the Western Line of the said Parcel R 13 E 316.96 ft. to an iron pin corner to Lots 4 5; thence with the Southern Linea of Lots 4, 3, 1 and the Strip Dedicated for the 60.0 Ft. R/W N 6 6 W 542,25 ft. to an iron pin in the Eastern Boundary Line of Rt. 6613 thence with the two following Boundary Lines 9 13 1 3 3o W 312.35 ft. to an iron pin; thence s 12 30 W 4.10 ft. to the beginning, Parcel B 3" 2.00 Aorest Beginning at an iron pin in the Northern Line of parcel B 1, a corner to Parcel H 2, running with the Northern Line of Parcel B 1 9 66 E 280.00 ft. to an iron pin corner to Parcel B r 4; thence with the Western Line of the said parcel N 13 E to an iron pin corner to Late 6 e s of6 Lots 7; thence with the Southern Lines of Lots e 6 5 N 66 W 280.00 ft. to an iron pin corner to Parcel 8 2; 3 with the Eastern Line of the said Parcel 9 13° i tbegce W 316.96 ft, to the beginning, parcel "B 4" 2.00 Acres: Beginning B inn at an iron pin in the Northern Line of Parcel B 1, a corner to Parcel B 3, running with the Northern Line of Parcel 8 1 is 9 66 E 280.00 ft. to an iron pin corner to Parcel H 5; thence with the Western Line of the said Parcel N.13 E 316.96 ft. to an iron pin corner to Lots 8& 9; thence with the Southern Lines of Lots 8 7 N 66° W 280.00 ft. to an iron pin Corner -to Parcel B 3; thence with the Eastern Line of the said Parcel 9 13° W 316.96 ft..to the beginning, Parcel "B 5" 1.00 Acres:: Beginning at g an iron pin in the Northern Line of Parcel B 1, a corner to Parcel HI- 4, running with the Northern Line of parcel B 1 9 66 E 140.00 ft; to an iron pin oorner to the 2.0 Acre Portion conveyed to Jack Le Davis; thenoe,with'the Western Line of the acid Portion N 13 E 316.96 ft, to an iron. pin corner to the 23006 Acre Treat Conveyed to Davis Lot. 9; thence' with. the Southern, Line of Lot 9 N 66° W 140.00 ft. to an Iran pin corner to Parcel.3 -11.s thence with the Eastern Line of the said Parcel 9 13 w 316;96' ft, to the beginning- Surveyed July 26, 1968. VIRGINIA FREDERICK COUNTY. SCT o wls tnnent of writing was produced to me on the._. I -4!gay .8. __[7 c at /Q:yp,g.'k and with certificate of acknowledgment thereto annexed was admitted to record. And additional tax paid. kcp 1 GlQx perk LEE A. EBERT, Certified Land Surveyor, Comrn. of Virginia �84.