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HomeMy WebLinkAboutFoxlair Subdivision Stonewall District - Backfile (2)soc, 536 ou 343 OW& ftow rox LAN A-wk* C-WY, bft AMAW 11, AM ~,f,fo Owago..?" I of too 00A010 LOWr RAWW CANNOW vArjr s1,,A9t A04WATrA1rOft OF MI&Mr$ Arm. oimmwsr LOTS AM SUBJECT TO APPROVAL OR DISAPPROVAL ON AN IN. DMDUAL LOT RAW AS TO THE LOCATION OF THE WATER SUPPLY AND THE INSTALLATION OF THE SEWAGE DIUM.L SySTEIL Paul D. Pedumn, M.D.. Dlrwtor Data lOwd F"ff" Health DistaUt 0~!r CeRrIn"ar n* d"M AW A-PAV Iw -1* Of No Mod of aW 8. MUA2W#o ems" Aop Ms ovem^o1i"W pbf Is ma ftl ONNSAW OW A 811SOPOPOW Nft AM **** Of AM WWW84UM 0~14 orvArMAW4 OW *v*AW It ovtv� 1Z,0: -pit am~$ aworicArl A~ avw* , Aw #A* JaNd cowdogid pq mor d' Ol l*&W8MUXWAV~ d~ 9FAbio 1001 *Wf*4W"Avft0 &*&Wft cant' 0*84 emok &W of ft" 131 acre/ 536 ou 345 cam'` ,,""`° \, • N• IJ 1 / 1 •M j � a M �El�s A i • lop* '40- 9*W Jlftb CERTIFICATE No. maw A I I A ♦ rW rK /bK/M'M'r►'r 6w AN _I w rfsl' /Y1� sw r r�orrr r>tiw r n' Attu' ettr' raMr rr7r imse + 4VA10 Mier ,err AWW -- 51.17 3 (.)965 ' 54.17.3 (b)162 �► 3 +�a f.ANDAWAL IF !`* ' R7X LA/R riot ' aeut / • altfo• Amuf► it, J~ ., ...... fifes Is mu am MIMI "_w " . go. rw am YMrf/rY, wUi11U • a•arr ♦ .r . � I YIR(; P,.1 F'Mr•XRY;K t70lJ"• SOi. i . TA%; tpet wr:tint Mas F'M�c.►1 tQ Tf an ihf ..// /y�21. f✓ Ger:,fma:o y. of ackno�tVr•Wtword, mttW ' � i I • 588 , , r 0 # 110 0 Baez s3!� "a 588 The attached plat, and courses and distance description, made by • Certified Land Surveyor. Virginia, dated 19, of the lands of situate in District, Frederick County, Virginia, and being the same land acquired by the said f ' f �, �L • i by deed dated , 19,••, from %Dm .l4/ •/ .._ of record in the Clerk' Office of the Circuit Court of Prederick County, Virginia, in Deed Book No. rurf • page , is hereby confirmed and submitted for record in the aforesaid Clerk's Office. • Given under our hands this / •: day of 19_�J. 40 SEAL) SEAL) ;SEAL) Owner ( UL) Owner STATIC OF VIRGINIA COUNTY OF FREDERICK# TO-WXTs I� �'Notary publi for said County of Frederick, in the State of Virginia, do hereby certify that L - whose names are signed to the foregoing Certificate of Confirom by Owners, and Plat, beams date of the � ! day of 19.'-, have acknowledged the same before me in my county afore- said. My couanission expires Z2910 _• ' Given 'under my hand this day of J 19_01 �. .�.. rJ_LNotary t' C�'"�` - w • - I.. .. ,...` r..- wr M , N.wwM.WNN1.w .. . .. - , .. w, . w•. � N.. i t i 589 )I + 0 0 : +aL� z or is rax zwe GehC ��11 .• r. j» �'TabKE'Ni4ll D/Sr f'�PED40/C�t' CDUrt :y 54 •���,, , ..,.,� . SaAI • / "•/00 vAN MAV 4, /9Bf ar 4.17E WOP SWIMMINS CO, M • w/*VV#4 ras-f,e, WA011Vi v 590 0 Q C e Or /i . , .. •� ' SRN � I this, ~. for /•s pox t�oi�� �' '' �► '' • . S �Taa�Wu oisr. ipEDEi�'A".PCGi(/A'�yyrr� .,, •r'. � } , '.. � � '� , " • ' :. ,�cASE � / "•iao i�l0au�4rPY � �s� f Y4 + ' �R'7� �R., ✓-. va• yr WI/i C#4ri1T611ipO/NAV .rd..j.�rrr % �p.iw..wwr.rnwr�.rrewnra/ SUBDIVISIONN REQUEST Harmer Orchard Subdivision 20 lots, Zoned A-2 (Agricultural -General) LOCATION: East side of Route 739, approximately 1/2 mile north of Route 37. MAGISTERIAL DISTRICT: Stonewall Magisterial District. ADJACENT LAND USE AND ZONING: Residential and Agricultural. PROPOSED USE AND IMPROVEMENTS: Subdivide approximately 60 acres into 20 100,000 square foot residential lots with approximately 2700 feet of roadway to be constructed. Lots will be served by individual wells and septic tanks. REVIEW EVALUATIONS: Va. Dept. of Highways and Transportation/Public Works 1. The double line of 58" X 36" pipe arch at station 13+50, Bond Drive, is to be increased to a double line of 72" X 44". 2. The 43" X 27" pipe arch under Maxwell Drive, intersection with Bond Drive, is to be increased to a 50" X 31" size. 3. A special design drain ditch will be required right of approximate station 10+00 to the double line of pipe at station 13+50, Bond Drive. Sod or protective covering is suggested for control of erosion in the ditch. 4. A 4' (four) bottom drain ditch will be required from the double line of pipe at station 4+50, Maxwell Drive, to the double line of pipe under Bond Drive. This ditch is to be protected from erosion by use of sod or otherwise. 5. Drainage easements should be provided across Lots 1, 2, and 20 to control the flow from the pipes under Route 739. 6. The out falls away from the subdivision appear fairly well defined. 7. All roadway and drainage ditches are to be sodded or otherwise protected from erosion. Additions of erosion control stone and under drains are noted on the plans. Harmer Orchard Page 2 Winchester -Frederick Health Department - Due to soil conditions, Health Department recommends that Lots 15 and 16 be combined into one lot. No other objections to subdivision as proposed. Department of Inspections,- No objections. Planning and Zoning - The property is currently -zoned A-2, Agricultural General. This zoning classification does not permit subdivision activity at this density. Therefore, this office does not recommend approval of this subdivision request. STAFF RECOMMENDATION: Recommend denial due to the fact that the proper zoning does not exist. F SUBDIVISION REQUEST Harmer Orchard Subdivision 20 Lots, Zoned A-2 (Agricultural -General) LOCATION: On the East side of Route 739, approximately one half mile North of Route 37. MAGISTERIAL DISTRICT: Stonewall Magisterial District. ADJACENT LAND USE AND ZONING: Residential and Agriculture. PROPOSED USE AND IMPROVEMENTS: Subdivide approximately sixty acres into twenty 100,000 square foot residential lots with approximately 2,700 feet of roadway to be constructed. Lots will be served by individual wells and septic tanks. REVIEW EVALUATIONS: Va. Dept. of Highways and Transportation/Public Works - Satisfactory. Winchester -Frederick Health Department - Due to soil conditions, Health Department recommends that Lots 15 and 16 be combined into one lot. No other objections to the subdivision as proposed. Department of Inspections - No objection. Planning and Zoning - Property is currently zoned A-2 (Agricultural -General). This zoning classification does not meet subdivision activity at this density. Therefore, this office does not recommend approval of the subdivision request. STAFF RECOMMENDATIONS: As the Planning Commission is aware, at their December 17, 1980 meeting, this request was tabled. The issues involved center basically around the action taken on October 8, 1980 to downzone the property from R-3 (Residential) to A-2 (Agriculture -General). The applicant filed the subdivision request with the Department of Planning and Development during the early part of August, 1980. The Comprehensive Rezoning was, at that time, being considered and this piece of property was in that consideration. The application was reviewed by the Department of Planning and Development and submitted to all reviewing agencies. The reviewing agencies reviewed the subdivision request and returned same to the Office of Planning and Development during the latter part of September and early part of October. The Health Department was having difficulty determining lot location and septic tank location on individual lots. The final Harmer Orchard Page 2 Health Department approval came in December of 1980, after the Comprehensive Rezoning had taken place. As the Planning Commission knows, this property was subsequently rezoned from R-3 (Residential) to A-2 (Agriculture -General). The applicant states that he filed the application in good faith on August 15, 1980 and on the nineteenth of August it was distributed. The applicant also indicates that the subdivider has incurred a substantial expense of approximately four thousand dollars in the preparation of the plat, engineering fees and review fees. The applicant also states that the use surrounding the proposed subdivision request is primarily residential. The applicant also contends that the application was in conformance with the Code at the time of submission and, therefore, should be approved. Issues that the Planning Commission are concerned with evolve around the fact that the applicant was well aware of the proposed rezoning of the property prior to the date of submission. Why was the request submitted so close to the time that the Comprehensive Rezoning was approved? The Commission is also concerned with the fact of setting a precedent on approving a request that was in the review stage and was subsequently downzoned. Would the Commission be creating a precedent for other cases that could possibly be in a similar situation? The Department of Planning and Development has indicated that this was the only request that was pending at the time the Comprehensive Rezoning of the County was adopted. The Commission was also concerned with the fact that the Comprehensive Rezoning could have been a deterrent to other individuals who might have submitted subdivision and site plan requests had the Comprehensive Rezoning not taken place. Legal counsel indicates that the question involved is that of vested right and states our Supreme Court has said that, where the property owner has a vested right in property, it may not be rezoned so as to defeat the use being made or to be made of the property. Thus, the question centers itself as to whether the Bonds have acquired vested right in this subidivision such that the rezoning of their property on October 8, 1980 does not defeat their use of the property as a subdivision. Legal counsel indicates that there are two leading cases in Virginia on vested rights and analogous to the situation. Both cases are from Fairfax County and were decided on the same day by the Supreme Court of Virginia. They are the Medical Structures case and the City Services case. In each of those cases, prior to the submission of a site plan, special use permits were granted and the property changed hands thereafter. In each case, the site plan was filed seeking approval before the property was rezoned. In each case the Supreme Court determined that the property owners had vested rights. In the Medical Structures case they pointed out that the property owner had expended in excess of $200,000 in preparation of the site plan and necessary documentation that was over and above the cost of the land. In the City Services case they made no mention of a Harmer Orchard Page 3 specific sum, but simply said that the property owner had spent substantial sums. The Supreme Court also pointed out that because of the nature of the Fairfax County Ordinance, the approval of the site plan was tantamount to approval of a building permit and that it was the most important approval necessary. Fairfax County, in my opinion, found itself somewhat in a box in that because of the fantastic documentation necessary to submit with a request for approval of a site plan, at that juncture a property owner had to expend sufficient sums to have acquired a vested right. Counsel also states that the County is within its rights to refuse approval of the subdivision request because of the lack of proper zoning. The County can require the Bonds to go back through seeking rezoning of the property to that which would permit a subdivision that they have requested. This alternative would not be advisable because it would be setting a precedent to rezone property that was downzoned during the Comprehensive Rezoning and could further cause the County problems in being inconsistent in their overall plan for the Comprehensive Rezoning of the County. The Planning Commission basically has two directions that it could take in this issue: (1) Deny the subdivision request because of the lack of proper zoning; or, (2) Approve the request based on the fact that the applicant submitted the subdivision request in good faith, had expended a substantial amount of capital in preparation of the site plan or in preparation of the subdivision plat and would not be creating a precedent because it was the only subdivision or site plan request pending when the Comprehensive Rezoning was adopted. PLANNING COMMISSION RECOMMENDATIONS: The Planning Commission, by a majority vote, recommends approval of this subdivision request, based on the following findings of fact: (1) This is a good faith effort that was filed before the adoption of the Comprehensive Rezoning of Frederick County. (2) The applicant has expended sufficient sums and has established a vested right. (3) The applicant has presented us the only application pending during the adoption of the Comprehensive Rezoning and does not set a precedent. HARMER ORCHARD SUBDMSIO14 - RT. 739 Visits made by L. Fisher to determine soil suitability. •:• September 8 22 23 25 (Average length of visits October 2 was approximately 2 hours) 15 23 28 31 November 12 19 IGJ-b• 7-ti3; SANITAT1(, During most of the visits, employees of Greenway Engineering were present to point out boundaries and to dig holes as directed. During several visits a backhoe from Perry Engineering was present to dig holes as directed. ,e-re�ertck �IILi.n��3 Diepnr#menf of 1hanning anb p•efr.e vymett# John R. Riley PLANNING DIRECTOR - P. O. BOX 601 9 COURT SQUARE ZONING ADMINISTRATOR m e m o r a n d u m WINCHESTER. VIRGINIA 22601 T0: Winchester -Frederick Health Department , ATTN Ms. Fisher Department of Inspections , ATTN M OQ-r8-l1-r- Zoning ATTN •Mr Jai —T ..-P P.Horne/ Va. Dept. of Highways and Transportation , ATTN Mr FROM: John R. Riley, Director Date 8/19/80 SUBJECT: Review comments on Conditional Use Permit X Subdivision Rezoning Site Plan We are reviewing the enclosed request by Harmer Orchard Subd; vi gi nn or their representative Will you please review the attached and return your comments to me by asap This space should be used for review comments: Signature Date 703/ 662-4532 De-paztment of 1hanning anb CT36,01opment John R. Riley PLANNING DIRECTOR P. O, Box 601 9 COURT SQUARE ZONING ADMINISTRATOR III a m o r a n d u Ill WINCHESTER. VIRGINIA 22601 TO: Winchester -Frederick Health Department- , ATTN GIs. Fisher Department of Inspections , ATTN �tY. �„Brown Zoning , ATTN M-r .fin T-T-:—tivrne Va. Dept. of Highways and Transportation , ATTN Mr FROM:John R. Riley, Director Date 8/19/80 SUBJECT: Review torments on Conditional Use Permit _X Subdivision Rezoning Site Plan We are reviewing. the enclosed request by Harmer Orchard Subdi vi ci nn or their representative Will you please review the attached and return your comments to me by asap Gv --- ---------------------------------------------------------------------------- This space should be used for review comments: Complete plan and profile with roadway geometrics and drainage computations will be required for a full review.` Signature �. Date Rp 5=22- 703/ 662-4532 �rr�erith (faun#p Department of 1hanning anc p.e dopmen# John R. Riley PLANNING DIRECTOR P. 0. BOX 601 9 COURT SQUARE ZoNiNG AomiNIETRATOR m e rr o r a n d u m WINCHESTER, VIRGINIA 22601 TO: Va. Dept. of Highways and Transportation ATTN Mr. R. C. King ATTN ATTN ATTN FROM: Date SUBJECT: Review comments on Conditional Use Permit X Subdivision Rezoning Site Plan We are reviewing the enclosed request by Harmer Orchard Subdivision or their representative Will you please review the attached and return your comments to me by asap* *In order for this to be heard at the Sept. 3, 1980 meeting, I would need comments back by Thursday. If this is not possible, it can ---------- Also, if more copies of road profile are needed, they can be supplied This space should be used for review comments: to you. Signature Date 703/ 662-4532 John R. Riley PLANNING DIRBCTOR ZONING ADMINISTRATOR �r.e�sr'c,c�t Crouz�tp yar#men# of Idlanning anb B26,elopmenf m e m o r a n d u m P. O. BOX 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 TO: Winchester -Frederick Health Department ATTN Ms. Fisher Department of Inspections ,ATTN Mr—QA.r. Zoning ATTN M-r . John -= . -T—H c ne Va. Dept. of Highways .and Transportation , ATTN Mr R FROM: John R. Riley, Director Date 8/19/80 SUBJECT: Review comments on Conditional Use Permit _� Subdivision Rezoning Site Plan We are reviewing the enclosed request by Harmer Orchard Subdivi Sinn or their representative Will you please review the attached and return your comments to by asap j� -f Y ------- --------------------------------------------------------------------------- This space should be used for review comments: Signature Date 703/ 662-4532 (f _4xeberirk (fluuntp a' epartment of Planning nub'.e6elopmen# John R. Riley - PLANNING DIRECTOR - P. 0. BOX 601 ZONING ADMINISTRATOR d 11 m 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 - T0: Winchester -Frederick Health Department ATTN Ms. Fisher Department of Inspections ATTN G-Ar-rell Brown Zoning ATTN M-r , Jeh o ne Va. Dept. of Highways and Transportation ATTN Mr John R. Riley, Director FROM: Date 8/19/80 SUBJECT: Review comments on Conditional Use Permit X Subdivision Rezoning' Site Plan We are reviewing the enclosed request by Harmer Orchard Suhd;v; c; n„ fi a A -z, eiy �L( or their representative zd r. rox - (,� (,, - �/ �, � '� Will you please review the attached and reuriyVi: cOmAents to me by asap %1516>>> ------------------------------------------------ -- - -� -- This space should be used for review comments: b .� in46 o P7�% �/VJ 0 EG,"car �L tiO4S Y-0 S ✓,SI'd I1 '?-1 1 Gg2QsC'c/ ✓ ,q Q Signature L G Date II 703/ 662-4532 �re�exick (��a�zxtt� DFpartmen# of 111anning anb Pebelnpznen# John R. Riley PLANNING DIRECTOR P. O. BOX 601 9 COURT SQUARE ZONING ADMINISTRATOR m e m o r a n d u m WINCHESTER. VIRGINIA 22601 TO: Winchester -Frederick Health Department , ATTN Ms. Fisher Department of Inspections , ATTN M ,, ��rz'ozcn- Zoning ATTN Mr JehT . n Horne n e Va. Dept. of Highways and Transportation , ATTN Mr R. G. King FROM:John R. Riley, Director Date 8/19/80 SUBJECT: Review comments on Conditional Use Permit Subdivision Rezoning Site Plan We are reviewing the enclosed request by Harmer Orchard Sub division or their representative Will you please review the attached and return your comments to me by asap --------------------------------------------------------------------------------------- This space should be used for review comments: Signature Date 703/662-4532 GR E2?-I.4Y MMI'?E^RI'M AND SijTRV YID r, CO. , I ,'C. 0. Box 666, Winchester, Virginia 22601 pPIP J...CI DRAIN CE CO:-?� %TLC',S H. Bruce Edens, C.L.S. Harmer Orchard Subdivision Co-=. of Va. 54-17(3)(3) 'Io. 162 BAT Jr, 8/21/80 -)E ?. LPWA ;ACRES) i C (? (C. r .S. )• CO'ITMUTI''M �?'r LS TOT.-LL f) (C._-S.) TYP? Or, "IPr !IA"T"INGS r;tT:. SIZE r)?' PIPE. SLOPE 0 pinF Ism. Q (C.F.S.) V:.LOCITJ (r, o.S. A 28.5 5 0.3 1 42.75 0 42.75 CM 0.026 43,E x 27" 2% 1 48 6.6 K 0;3 14MO 0 140.00 CM 0.026 ou e 58" x 6" l0 146 5.8 C 1 ; g 5 0.3 29.70 A l=42.75; B l = 7140.00 CM 0.026 58�� x 3 �� 2. 2� 218 8. 5 ,I \ I ti 35 ' B..P i r A_ 39 57' f ZS OO' ,4: /65.70' Y,,4. ROUTE ti a W c Q a o ,P= S7S9. SB " "9 FOX IcZ,4T OF eO7' /9 &111- D MWf1,.4GE ZASZMW1'I/T STOW-W WZ O/STiP/CT COUNTI� 1/q. �PEP,4RE0 BY G.PE,cAIW,4Y ZW41,f/EE,f/NS X,U0 S!/.QI1Ef'11(1S CO. /NC. W/if/CHESTER, v/,PG/ lld / I _ /O//O/ Sq. ,r,, ti T E ` k \yEp co (r X 39 57' of. 2500" A. /6S. 70 YA ROUTE 5759. SS' FOX �G.4 T OF COT /9 &l —00 D.PWAXSZ- EXSo!�1 &1417 STOrf ,6-0,14L[ O/ST.P/CT COUAII-Y t 4 SCALE / "- GO ✓ULY /D, /9BS �,PEPgREO BY G.PEE,I/&4Y ZWVIU ,flb6 XAO SU�PVEYIfla CO /HC W/if/CHESTE.P, l�/LPG/,{//,4 t FINAL PLAT PDX LAW Stwwwoll Distrlet, Froolmrlc* Cady, V17 AiAft4tr /1, AM RE✓/SFD FEB. 24, 1"/ LOCArICYV MAP SCALE PV-2000' RT fog APPROVED BYE BOARD OF WPERWSORS 04TE PLAAWIAW CaWISSIOW ga%A 5tAVDW$1aV ADA#AVSrRA7LW DATE-,�/ v1Re1NA4.Or~rmENr OF mcwwys � DATE MEAL rH DE~rWNr LOTS ARE SUBJECT TO APPROVAL OR DISAPPROVAL ON AN IN- DI\7=AL LOT BASIS AS TO THE LOCATION OF THE WATER SUPPLY AND THE INSTALLATION OF THE SEWAGE DISPOSLL SYSTEM. AP Paul D. Pedersen, M.D., Director Date Lord Fairfax Health District owmrRS cERrIncAm The above and MapeWag subdiWsko of the /and of DWD B. Acujwos. &Amore /n tko Rem /* the owamt and A* MO&OWSM with the d*Sir** Of the WWW*1pT*d owner*, ~mM% and #wAm* If my. swvEmR's awlFlcArE 0 hereby cortIfy, that f/w land contained In t1w ombdivislon Is #w mom land conveyed to DAV 8 ACUJDW by deed deed 0 AAm:6 ago/ - andrem-wkW Jo the ~*70 CowWy Court Cleat Off/co in Deed Book 534 of Pop 13C. cFt' NO. > C 54-11-3 LAND jwrr i w j �A �0' W gTROSNIDER L.qNO „ 6ts.a9' W 14 ;r ` W YO « i ~ , 1p3149 sq• ir. 101/01 sq• f,• ` M 8 101373 S* fl. , �8 TRI 1 i L 2' dl'k MA p,tf.t4 J_ r- � .L. . Nµ� ais O f Z ft- l3 18 0 sq. � W 8 fr. I 3 1�2 w 016 I ` I 100447 sq.h 5'40 4/► z N 68044'49"W 363.64' 0000, 12 100254 W. N. I b I 1000'3 a Gel 571001'40'E 364.76' (0 rN '01rw m 10015/ sq. f1. 1� h s 1W $ � 41 �oI 1 �• Q°R N7504545 ' ` 89o4C'3� / 0 o Q ft ��. /O $q• ft 1O0004 SQ' to f/NAL PLAT y � ,00� �$ W I 4 ' HARMER ORCHARD SUBD/V/S1cry N 80°' 3OV, s �. srONEMNLL asrmcr AWAtAraV cook Y ��11 79°18,26 1 W SCALE 1 " a gyp' AUBUSr 11, /980 / � Pravond ay .' OWENWAY EWMEER/N6 0 51"E"N6 Co 1NC P.OB . ar 666 / W/NCNESM VWAWA a s4•ft. 100344 sq. ft 10041 Carve Dorq ti i 0� CURVE 4 C R A r CM. , 3d183' 8456 35.04' N33O134'4/"W 39.57' 25.30' 35.57' N56014'S0"E �(eJ y Ji►�O �_ 0303840 1515.59' MJW 48.10' 96.31' S/0°09'S3"W 8 4 !O°23'39" 2500' 3944' 25.17' 35.-W S3d°12'3t'E 5 05030'17" 2500' 3751' 2311' 3.194' S50450'30iI 1, A� / "� �� —6-- 61i°4;'Vo 150,M' /00.38' SO.tw Xa34'SO°59'/9"W 6 7 // .?<2'4B" 1453.59' 2M.94' 146.97' AV. 44'N/4°0!'S3"E Ipy*30'd4" SM08' 165.R7' BP.66' OD" 14Sd./6569'N//°4!'25"E LOT /3 07°5359' 200A�' IG1� /6' /919.14' NW°56'47'£ CN77 l A�i _ w •"' LOT l4 Lt!°46.40 39'4I" /4T1.59' SY94' ' 90.92' Np°10'2iifE_ V F2 t lF1CA T r t'!A• LOT 7 /12°21'O9" 50.00' 106.70' 90.89' R7.62' S27056 3 0 W y4-i�'3 !31965 Lor s 64°4I21" 50.00 36.36 31.73' d3_d9' N5e°2B n"W p i4'Z LOT 9 99°OS'06" 50.00 06A> 5a dti' 7649' N23°2s'�t"E_ J .1N��0 LAhiv L.AND CL.,Ai?X Soo , 71\t,4.C' 17 16 a125514 sq- a li5608 Sq. &is tu . i A+se, � f M � � � � % 116572 SQ. 105960q. N ....... .... 041 754 ?OSMIDER LAND cA Li 19 14 Q) 20 WELL- —DR— ow 13 3 %) IL MW 0= Cmrv* Vote CERTIFICATE Na, cvow A ft A r CM. Lor is m Lorls Lori7 4r*,,oe'2j* oo"*W moo' imm' ".Ye' mos' jaco' amm' swav'sa-mW's LOT jo oacew" mam' wjo' ri.sr' Pam* si**AWjo'w 3+17-3 (a)965 54-17-3 (b)162 cl, O LAND S%I% nwAL P"r NARWR ORCHARD SUMVISION MAWWAU VISYMOr ATMAMM MAW" VIR&WA SCALE i ZOO' AuGvsr il, Imo prepor" by 6REENWA Y EAWNEENIN6 0 SURWrAW CO. AW. P 0. SON 6" VAMWA sHrrr 3 of 3 r r FINAL PLAT HARWR ORCHARD &AWv1Slav Stonewoll District, Frederick County, Va. AuGusr II, I9s0 �/�.' 1-- ,� r�•,< li lip % �-�j�.�� /.� 11.�''��.� � C71,�-f LOCATION MAP SCALE 1 ".200p' R1 t�9 AT, t APPROVED BY - BOARD OF SUPERVISORS _______ — DATE — PLANNING COMMISSION DATE SUBDIVISION ADMINISTRATOR DATE *� VIRGIN/A . DEPARTMENT OF HIGHWAYS DATE _ HEAL TH DEPARTMENT OWNERS CERTIFICATE The above and fovgoing subdivision of the land of Allen Bond Sr. as appears in the occompagying plot is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trusts if any. ram• `� SURVEYORS CERTIFICATE hereby certify, /hot the land contained /n this subdivision is a portion of the land conveyed to Allan Bond Sr by deed doted / June /953 and recorded M the Frederick County Court Clerks Office in Deed Book 228 at Page 23. -jr —fix_ i` ••ii�tI) I AND qU� SHEET / of 3 S �o31•>S'M l5 � I i s�o41,Y3"E�� STRpSN/OER LAND A(74 0 , ' I1 s#4.00' 7M84 N w I ft.. so/. /03/49 s9 I l0/373 sq. ft I —256.9 1�' ~ N7YoY4 ow v� R/ -F 'I S76o�'4/eE ,3N.5i - Q �—� —_ -� I g 3�•P+� � � 35 R8 RB "L Z R f�' 13 sq. ft I00 I 100447 sq- 0- a o� /001-154 sq. ft. t� S 7/o0/'40"E 364.76' Z m y a „ J h q j y 3I 1p0151 sq. al � h c� 10 ft g Q 4 10p4C sq. y 6� 9 100344 s4• ft 8 N 5 8 ft. / � 54 6k t ft m 100000 s4 6Q.fr. j00004 J 1 ft. 100414 s4 3 mI r a M003 � -M) %� N 14r4V 19 q.I FINAL PLAT HARA/ER OyW,44JW SWD/V/SIM SroNEMLL LYSTMCr PAWELIA VAY O&WrY 1 V/AMW/A �W SCALE / " = 200' AUGUST / /, 1980 8 Prepored by GREENWAY ENGINEERING A SURVEYING CO kW P. O. am*" WNCNESIA1 VIRA WA I N Curve Daft — — 3 a1 I G R A r CN. 25.00' 3i.6t'J' 24Si' CAI' N33O1i4'i/rN� A t P - I.90 °4/'3S" 23 00' 3f9.57' 25.30' 35.37' NSi°N'd0"'E / 3--,03038'48" /50.59 RA53' 40.$' 9i.3P' SAO°Oe"'W 4 I W023'30" 21oo' M44_ 23./7' X40' SJ5*Af i r_707053'00" 83°30'/7" 25.00' 373/ 23 N' 3394' SfNiDtwv o / �"Tj v•y o3o4TS7" /SL3So' AOO.W SO.SO'_�//°3?'48" /453.59' 2AF.94' W.970/°3i'S4" i7dRlf165.7D' 6?.A616569'N//°�'25"E �p,Y1� /4i3.S9' POOOD' /GV•/6'/99.�4'NLZ°Si'47"EW11YyE03°!9'4fe /4it.M' W-W 46.4i' 92.92?: N�4�2°PP'09" 50.00' �/06.79' 90.i9' i762' SP7°56.3! IY°sl2J50.00S6.3t' 3/.7!' d3 S9' N58o26 /lW-- 9°05'06" 50.00' 06.47' Se63' 76as' NY3°2I''J? E-- SNEEr 2 of 3 W 4 v I. CL.ARK �t 17 W 16 a 125514 sq. ft. �0 q 115608 sq. ft. / 2 V \ lots i5'E ' -S64o? .7...... I 20'�Oroino — ib 116572 s9• ft. 60 sq• i i W h .r E• M' �Ewt15 „ 1059 I I ,E......... � I-K _I_ s a0'si o Y�9176'. CrI STRO,AND R 1 I� Z i9 I 14 0 20 m 1 MAX 0 13 I 3 IL NOCE � Cum vote CERTIFICATE NO. Y --- _ - ---------- 54-17-3 (a)965 culy� a w A r CH - - -- _.--- -- } 'N� 54.17.3 (D)162 r LOr a*000100" 3/M."' ISR.M I Ba00' I K44/602049'Ir F y LOT /6 2800643" JQ.OD' W.79' IQ?.li' 69.1r' N36016"331E itl�U _ LOT /7 MOV91a!" SO.00' /3B.0/' ?SR05'I 96.I9' S010361W.9 LAND LOr aIfoGb'Oo" MAN' mc"' n.ST' I WN' SMOSeSS"M' nNAL ALAr HARMER ORCHARD SUBDIVISION srom PALL 0/SrRXr ANVA Mfg cawrr V/ROMWA SCALE / " = R00' AUGUST //, 1980 Pnpond 4y GREENWAY EAWNEER/NG B SURWY/N6 CO. INC. P. 0. Box 6" W/NCWSMR, V/9614NIA SNEEr 3 of 3 LAND LARK - � t aoo LEryIS Z N• �' V 1� b r6 3 /25514 sQ ft b w Z e Q � 115608 ft' / a , YT9• a y, h S BT O'/T'E _293.90I-_ � 20 Orainopi R/IY I — - �W S81 + I e E • M' C �� R $ �, r I sq• ft ts 18 116572 2 f t 4 1O5960sq• I I S7eoYq'YY .... e 320.91 S80D41'Y3 S 74e3e'l7' 2e9 T5' I STRO�AND R 1 I�� 1 Z 19 I 14 20 � 1 . --- _ DR- . MAXWELL T /3 I 3 ��`�iy�e�'�,�Li�,ti"' � K BRUCE IBF]IS Curve Data CERTIFICATE No. � CURVY' d R A T CH. LOT /5 /6e0o'00" SB9.t'I' im95' e0.o0' lM44'N/6e20'P9"'E LOT l6 AL'6e06'23' 50.00' 111.79' Im76' e9.s2' vs5015'53'E LOT Ir ldee09'CCJ' SO.Cb' 1de.01' 252o5' seas' SO/e36'24"E LOT As /Keob'0o" 50ALT' 14t20' T1.5T' M1.T4' S26e20'WO 54-17-3 (a)965 54.17-3 (b)162 ca TdA• �� ' LAND S� ANAL PLAT HARMER ORCHARD SUBDIVISION STONEWALL LVSnWCT PREVERKW cauvrT V/RBAY/A SCALE /" = 200' AUGUST 11, 19so P-wred * GREENWAY EhIMNEER/NG 0 SfAVWYIA6 CO. MC P. 0. Box 666 W/NCHIESTER, V1R61N/A SHEET 3 of 5 i N a 133HS 3,JrWoFZN,699L ,A9'8.9 1Y9B ,0009 „90,90o66 6107 AI,//,84o8SN,09TO ,"-IAF ,AS799 ,00'09 ./a,BYoi9 8107 M,As,9So[as ,a9'L8 '60.06 ,6L'90/ ,00.09 ,60,.VozZ/ L 107 3 01.aN 1as'a6 8Y'96 ,Ydas ,6S'zw ,8Y,6Fo�Yl Y/ 107 3,LY,95os%N,YB'66/ ,9/'OOV ,00009 ,69'990/ „00,F9o2O F/ 107 3„SZ,Aid/N,69S9/ 96-.V ,ae-99/ ,8£iWVYf „YS,Ofo/O a 3„AY,90oNN,YY'iSZ ,L6'9i/ ,i6"l6l',6S'FSb/ „8b,ai'o// L M„6/,6SoL/S,YFR7/ ,0l"OS ,9FOOV ,6SF/S/ „Lg,L,*Ofo 9 AR,OF,Orwws ,Y6rr ,//17 ,/FLF ,OOSZ „L/,OFoSB 9 3,aF,aloArS ,8Y"sr ,L/'SZ YY6£ '001P.l „6407006 Y M„Arg60o0/s ,"..m ,0/-" ,Ar"96 ,65'F/S'l „8Y,Rico ro £ 3,OS,Wo9SN ,L9'S£ OF'Sl LS'6F ,00Sl „S£,/bo06 Z M„/t,iSoAi N ,Y0'SF ,9_9 A8"8£ , 00'SZ „12,6So88 / 'NO 1 d !/ V 3ndno �S CLSv'l 59ote) E-CT-tiS ,.� '�N 31tl;31j112f'3� i1 I' �1 1 UOV6y6 r6 r0 a/o0 aAdn0 / l3 bs t7Ibool y/N/98/n d3193HON/M 2 999 Xoa O d / W 00 9NLl3Adns 9 9NIY33N/9N3 A"N33d9 Aq paiodadd "twig 086/ `// 1sn9nv ,OOZ = „ / 37VOS g v_ G'/N/9Y1A M' 3n9a,81o6LS A"1700 JYO/d1303" 10/8/18R7 77VA13NOJS � 60'8Y£ *WIS/iV06/7S GYVHOYO bl3N.YVH °o a ol1D7d 7bNd pp 9%!bsp� y5 br' 9y 9 � . Of 3 O o� "Of C 000001 a bs / �a,jod w ro / N I/ ,el 16E I, pplOf .� �10 I a 66 O VOO ,a9'dLF as •1� � e 0 C w b 0 a a -bs Lbb0p1 I s 00001 1 0\ j� b J- fa gas -� �•6ff ,��Q-77 ` . a titi5 N o� g 7f -bs bb£0O1 \ 6 •bs Z9p001 O/ SY oFl N n ly � N "bs /9/00/ m a 2 I all I e� d bs l0/la Oa g /1,2 61 '� y I,60 fiQ AI„A,rd°8L N Z t ONp'7 1I3o/NSONls _ 3„��f°�s 1 N -bs 910001 C/ !/ bs £a10/ 5'1 s + FINAL PUT . " HARMER ORCHARD SUBDIVISION Stonewall District, Frederick County, Va. AUGU$r 1/, 1990 LOCAT/ON MAP SCALE 1 "- 20001 .p APPROVED BY., BOARD OF SUPERVISORS L147E PLANNING COMMISSIOW DATE SUBDIVISION ADMINISTRATOR DATE VIRG1111/A . DEPARTMENT OF HIGHWAYS DATE HEALTH DEPARTMENT OWNERS CERTIFICATE The above and forgoing subdivision of the land of Allen Bond Sr as appears In the accompanying plot is with the consent and in accordance with the desires of the undersigned owners, proprietors, and trustees if any. SURVEYOR'S CERTIFICATE 1 hereby certlfy, that the. land contained in this subdivision is a portlon of the land conveyed to Allen Bond Sr. by deed dated I June 1953 and recorded in the Frederick County Court Clerks Office in Deed Book 228 at Page 23. n54-1;'-.; LAND Svc SHEET 1 of 3 e FINAL PLAT HARMER ORCHARD SII MVIS/ON Stonewall District, Frederick County, Vo. AusuSr //, /9e0 L OCAT/ON MAP SCALE /N:papa` Rf r�9 q 4 p; APPROVED BY; BOARD OF SUPERVISORS L14TE PLANNING COMMISSION _ DATE SUBDIVISION ADMINISTRATOR DATE V/RCi/N/A DEPARTMENT OF HIGHWAYS DATE HEAL TH DEPARTMENT OWNERS CERTIF/GATE The above and foiegoing subdivis/on of the land of Al/en Bond Sr. as appears in the accompanying plot /s with the consent and in accordance with the desires of the undersigned owners, proprietary, and trustees if any. .f� SURVEYOR'S CERTIFICATE i .r Oi%1 � -� / hereb f y cerb y, Jho! the. land contained in this subdivision is o par>Ion of the land • conveyed to Allen Bond Sr. by deed dated / June /953 and recorded in the Frederick County Court Clerks Office in Deed Book 228 of Page 23. r ANv SHEET / of 3 t 18 15 1 LAND MW ,�nE ° STROSNIDER I_SW� �wh r'l7"w 2a9.7a 1 S 1 Ala $ 1 4 09' � N fI° 4'Mnw � e W j — 8 20 sq- fI 1 'i j373 a 1,01s J 10 1 at — 51L72' W 0— ,R / Ie 256.99' —DR.' ' 78 I ' 448,p3 ���--- S76°5t'4frE 3a/.38 _ I MA vU/E� _ g - 306.24' 35 L t /3 3 Zy6 a'' /6 a IO00 N 68044'49"W 563.04' /2 100254 W. f/. 571001'40•"E a°+.ro b i O a j /00/5/ sq. y 3 of al N 730 45'43W 3" 44' N 10 's ? 100p62 sq. fl. y 100344 Sq- ft 8 q 100447 sq• ry. v C M b a h V'g 5 _ -- 3 4 100p13 sq' ft. 5 I00000 SQ ft 6 sQ•ft. I00004 �I / t 7` 100(pA o, • • N/4op3'Sl'E p.41 � SO FINAL PLAT HARMER ORCHARD 'SUED/V/S/AN STONEWALL LYSTR/CT PREQEAW COUNTY V/RWN/A SCALE / " = 200' AUGUST / /, /980 Piopored by MEENWAY ENGINEERING 8 SURVEYING CO. /NC P. 0. a" 666 / W/NCHES7EA VIRSW A Q Curve Data G R A r CH. 88 059'22 25.00' 58.85' 24.56 55 04 N33 °54'41 "W _ 9004/'35" 2500 39.57' 25.30 5557' V56014'&- 03038'481515.59' 96.55' 48.0' 9632' S10009'53"IY 90023'39" j 2500' 39..44 25.17' 35.48' S350/2'52'E 85030,17" 2500' 1 3751' 25-11' 3�94' 558° SO'30w U3°4757 /5/359 i A.36' 00 50.20' =54' S17059'/9"W 11 °32'48 /453 59' 1, 292 94' 146.97 ' 2512.44'N/4 °0B'S3"E J 82.86, 165.69' N/1°4i'25"E i 01058'54" smse /CS 1D' 100.16 199.64' NA5°56'47'E I 0705500 1453.50" 200.00' 03°39'48" /453.59 5ffi94' 46.48 92.92' N10010'23'£ 122°22'09" 50.00' 106.79' 90.89' 07"' 827056'35"W r64°4I'2/` 50.00' +56.50, 51.73'- $3.50 N5802811 W. 99°05'06" 50.00' i 86.47 58.63' 76.09' N23°2B.22 f SHEET 2 of 3 LAND .46 \#4C 0 f LEyVIS � o 17 W 16 3 125514 sq. ft � at q 115608 s4• S o C %! Y191SI y " W r_ ?O Di°inoyi R/W - A 0 E IN Q� I 19 o a M m e J5 �� I 116572 s9- ft. �+ g 2 I P2 E........ I I h n I -z O S76°24 37.76 I I 23 i S74°38'17"£ YBSR7b'' 1 SmOSNIDER SAND 19 O 11 20 14 -- ,— M,AX y_EL� �R- -- rN 0 i3 I � 3 o�y�� O�jf�,>ayrrCl�P K NOCE Curve Data CERTIF:CATE No. y -- A r CH.54-17.3 a CURVE e - -- A -_ __. 965 wr ais°oav'o0" ss.Ya' /5596'I soo0' /se.64'N/s°20'Y91F ,�_ 54.17.3 O(b)162 c4 LOT /6 /26°06'Yd" saoo' ///.79' /o m' d9.91' N35016'551E LOT /7 /6e°o9'Od" wxo' m.Ol' 1� 2=00' 90./9' SOM3s'24"E� �U CAN" S%3 LOT /6 /Va-/00" WS.W' / 20' 7/_57' M/74' SN6°20't9"M� mw PLAT HARMER ORCHARD SUBDIVISION sromma aS7Rlcr fAdVARW cowry V/R6lN/A SCALE / " = 200' AUGUSr //, /960 Pnp°red by GREENWAY EAWNEER/NG B SURVEY/N6 CO. INC. P. 0. Box 666 W/NCHEMRr V/R6/N/A SHE£r 5 o/ 5 FINAL PLAT NARAft-R ORCA14W S(AWV15YaV Stonewall District, Frederick County, Va. AUBI/Sr //, IAA LOCArICW MAP SCALE INa2WD' Rr '39 rya _ 1SAP `1rl APPROVED BY. - BOARD OF SUPERVISORS DATE PLANNING COMMISSION DATE SUODIV1S/AN ADMINISTRATOR DATE V/RG/NIA . DEPARTMENT OF HIGHWAYS DATE HEAL TH DEPARTMENT OWNERS CERT/F/LATE The above and fomp np subdivision of the land of Al/en Band Sr. os eAmors In the accompaVing plat /s wa the consent and /n accordance with the desires of the unaiws/peed owners, proprietor4 a w t*r if any. ✓'' ,,. SURVEYORS CERTIFICATE ,./t, ©'L the. / hereby certify, that land Contained in this subdivision /s a portlon of the /aad canveyed to Al/en Bard Sr. by deed dated / don* 1953 and recadsd in the Frederickr County Court Clarks Office in Deed Book 228 of Pope 23. h `t) r.AND 5�1 sHEEr / of 5 Z 18 15 % STROSN/DA LAND N„esrso 'rr'w' �i 1IS l �i , l \N $ ~,t 103149 sq. fl. M sq 1 of I i 576061'41,'E 86/•5a I g 13 �8 100016 sq. I� /2 100254 sq. ft. 2 h � J m 100151 m sq il. y 3I aI � h Q N Z 10 o ft Q y 1000a sq. 100344 sq. ft. 8 fie° o10Y S ft. kro 130 54. 0 I N N76o2+ 2PNw 60 :...�y�D°SAO 449. -' 3! p4 RB N NepE S Z ft, qt/ � W $ I 3 1002 100447 sq. N 5 10000* h o ry5' o/.W N � i � q J 00910004. m 1000 �E A ft. 100� �10 FINAL PLAT HARMER ORCMjW "D/V/S/AN SrONEMLL amlCr PA6LrMW ODUN7Y VlRwtlWA SCALE / " = 200' AUGUST / /, /980 prepared by CREENWAY ENC/NEER/N9 / SfAR MNC CQ 4W.. P. 0. am*" W/NCHESM VAMAMIA Cww Done - ram VE I A R I A T CH. / 88059'22" 25.00 { i 38.83' 2456' 55.04' N33o54'41"W 2 90o4/'35" 1 z5. oo' 1 59.57' 2-4.50' 35.57' N56Om,S91r r 03038'48" 1515.59' ! 96.33' 46.46' 96.3e S/Oe09'55V 3 r I } ZALY' 39.44 25-.17' 5548' S3o/2'M'E — 5 + 8530'/7" ' -- 5194 swvso'.wv u — 1 �-1" 1 s 1 L13047'57" I/5l359Aoo3i' so.jo AM54 Sn 59 W + 7 o,W'4B" /45359 HSif 94' Mi.97' 2SI? 44'NNoOiSJ'E O/e3654" S7diIN /65.1t7 a2.A6' /6569'N//eO'0 fi LOT /3 i o7o53'00" 1455.59' 20000 AG'!. K' I99 B4' NAieSc47"E I /o Q g Lor !I 03e39'4B' MO-59' I SIt94' IB.4B' .AZ 92' NKJo/o'23rf V ; i /os.79' 90.B9' '762 sv7 se'1a'w Lor 7 I /22�Z2 09" 50.00' -- ---- - - - - —.. b 64°4I'2/ 50.00' 1i /l6' �A1d' a3 d1' N5B°1B'//'W - �. LOT 9 19900506 L50.00 B6A7' SEB3' 78OP' NB!°4i'�t'E _ 4 .. \' r J $MEET 2 0/ 3 DARK SAND \4. �EW�S Z � o 17 �; W 16 3 125514 SQ. ft. 14 Z • j15608 sq ft z ^ / (8 1 nE YTy r5 %U E �S � e'b'-Oroinopo R/W — - •p I p a 2 4 g 15 a 3 w Ip 116572 f1 w 4 1p6 59 37 'a —_ 7O 17 1 I.AND 1 0 1 19 I j4 Q 1 20 1 � 1 MAX 3 Cam Onto CURw d R A T CH. LOT /5 H.0700 i small im JaMe AM44' N/Eom'R&V LOT /6 /ZB°Ai't5' saoo' ///.79' i /0?7W' IRA<' N.15"IS'" °E LOT /7 /SIo09'05° 50.00' Il -0/' ZMOO 91Y.H' SAlodi'iV`E LOT H /f�OD'Ap" WRAP' /ftt0' 17L5T L CERTIFICATE No: 54-17.3 (a)965 4.17.3 (b)162 ce �12111-4z, CANU 5%Jµ-Mr AwAL ALAI NARAWR ORCHARD AWIV/S/ON Sy AwwALL 4l mer AmVMW COS& Y V/ROMVA SCALE l " = ZOO' Al/6aST //, 19S0 Prrpo/Id Qy 6REENWAY EAWNEER/N6 8 SL9WYIAW Lb./MC. P. O. Abs 6" W/NQMES7ER, VAMAAI/A SHEET 5 of 5 bl d FINAL PLAT HMA*W ORO/~ S(ARWISIAM Stonewall District, Freder/ck County, Va. AUGUST //, /SMp� ti L OCAMW MAP SCALE I"sMM' APPROVED BY: BOARD OF SUPERVISORS PLANNING COMM/SSIOW SUBDIV/S/ON ADMINISTRATOR_— V/RGIN/A . DEPARTMENT OF HIGHWAYS HEAL TH DEPARTMENT LWTE DATE DATE DATE OWNERS CERTIFICATE The above and forgoing subdivision of the land of Alen Bmd Sr as appears /n the accompanying plat is wit the consent and in accordance with the desires of the undersigned owners, proprietorg and tfwtees if any. SURVEYOR'S CERTIFICATE hereby certify, )hot Me land conta/ned /n this subdivision is a portion of the land conveyed to Allen Band Sc by deed dated / ✓une 1953 and recovded /n the Frederick County Court Clerks Office in Deed Book 228 at Page 23. r sNEET / of 3 r J' � � � � s •,1 row '°''� � • '>a � LAMP wit I 1 010 so. 8 lama _-- -- 60'— R/SO m wed y 5170 1 A-�E�-�• --- - -� /..Now I- L� g KX �' N. , N IV 1N I ODOO jk, 100-454 $9. ft. I \ $ g r0� 10oo3 1► p_p( 2 l h f GB 2 I I IV aw o rs, / / /00/5/ sq. 11. hl =W I 10000094. i /o I I fry a,ao;1�'� ONfoot s°' fr I W 8 l0000 �A� Ac.► srawffal" normal 11rAwmaw damp o I IW WAS k0 sCALE / " s AAO' AfMT / /, /am � Atip°Nd yv 9 0�"_ I0'I I I S4• - 1000 in, ♦� y 9�ENMt4Y EANANE 1 / P. O. I �• ft. : / rlw 100 � / .I JC40W /o11llt note A R A T ON. .#RN' rRAt' A�os' Msa'�if'N'll' / ANA%!s' 11R.00 s AOW41'30" Atop' JA.s7' OIJO* MM' MMOM'WoAr 3 b!1*JW4s" AWSW M-W IVR/s' AR.w slwor'arw 4 800W'.>M' IN.Ap' =41' 1 A!R/7' MM' sarr'ar'E s M°sv'/7' A%op' s7.dl' 81//' ilst' s"Wapv s aw4v"sv' Aks.A/' /Aasr' sasol Axwl soomli r w 7 IIOJW'II' /4JAM' A .00' MA.AT' JW4VAM°Ai'S.!"E s 6103I'54' SMAt' 1")V' W.M' asar' MM041'MOS LoT /s oross'aW' /4ssp' zmtW Awl*' A WAlAF-MW4r"E LOT N MpomlM' MA1.AM' ARAI' 4&40' star MA1RAPWNE Ei1MiA I xswzmm ca Ar~ so ads Wa AMEET 0 M 5 , .Irt � e��,!aa .�� _arr .d„-.........-rxnx...w�•a++. •- ;: . a��; R,.'+.^,i�r, - th FINAL PLAT HARMER ORCHARD WOUVIS/ON Stonewall District, Frederick County, Va. AUGUST //, /9e0 LOCATION MAP SCAL£ / "a papa' Orr 139 _ C 'Pr 'i BOARD OF SUPERVISORS PLANNING COMMISSION SUBDIVISION ADMINISTRATOR VIRGINIA . DEPARTMENT OF HIGHWAYS APPROVED BY HEAL TH DEPARTMENT D,4TE DATE DATE r#7j,r4 OWNERS CERTIFICATE The above and forgoing subdivision of The land of Allen Bond Sr. as appears in the accompanying plot is with e consent and in accordance with the desires of the undersigned owners, proprietors, and trustees if any. - -- SURVEYORS CERTIFICATE I hereby certify, /hat The land confoined in this subdivision is a portlon of The land conveyed to Allen Bond Sr by deed dated I dune 1953 and recorded in the Frederick County Court Clerk s Office in Deed Book 228 of Pogo 23. SNEEr / of 3 • � � 15 , N7403/117"W 280.76' I I� 11N M 8 sq. tt 101373 1 1 „ 351.91' I I $ /3 18 10p016 sq. f►. a I • I O /2 10OR54 Sq. A NMI y O 8 ¢ j 100/5/ sq. /t h M y 3 wl J Q y /O g 100� sq. ft. � a 50. 9 100344 sq' ft' 8 1 O ISO s�0.91 STROSNIDER LAND 2 � A W SO ~ 1 103/49 sq. ft q p110/ sq. �' I --- 60- RI m Np° _ 0 Af 440- 6sA $ I 3 � i 100447 sq. h' ego I � 4 : 000 A. ft 100 6 100004 100414 A. ft N 3 ZAO '. b OF TRUCE EpFNS J4-11'3 tVi io'L � {S � �N /J LAN» 1 54 tl � P6fCe / Po(Gel �g M o / pN0 j � 5� 9 510t F/NAL PLAT v' HARMER ORCHAW W&DIV/SIM 570NEwAj.L asrR/Cr PWaFAVZW COUNTY 1 V/R 1A kW SCALE /"= 200' AUOUSr //, /9490 o Prepared by CREENWAY ENO/NEER/N6 A SURVEYING CO YAC P. O. Bar 6" i W/NCHESMY VAW#WA zrcvvvi- Curve Dofq I I R I- 'A r CN , / d i BB°59'22" 25.00' 3/./3' 2456' 35.04' N33°54'4/"W ? 1 90°4/ 35" 2500' 39.57' 25.30' 35.57' N56°H 50 E 3 °3B'4B" /5/3.59' 9i..�T' 4L/I' 96.J1' S/0009'55"W 1 ,0'1 2500' 3941' 15_17' 35.4/' S33°/?'31'E 5 190013'50" pia 117" 25,00' 3751' 25.1/' 33.94' S5/°50'301W 6 �Lli°4737" lSA3.59' A00.i6' 5040' -- M234'84°59'/9"W� f � //052 40 1455.59 1} 2M.94' 146.97' 2W.44'N/40CW5B"E 7 0103/'64" 576RM' I /65.;V' B2.Y6' 165.69 N1104 45"k / COT 13 I07°55'00" 14'33.59' 1200.00' /00./6' /99./4' NAT°56'47"E I LOr /4 105°39400 /4M.39' Atli' 46.40' W-92' NR9°/025 E LOr 7 /22°22'09" 50.00' /06.79' 90.B9' /7.62' S/7°56'3! W / 64°4/11" - 50.00' 50.50, --.0 31.7J' 63.69' V5802B'l/"W .or LOr 9 l 99°0506" 50.00' 06.47' SOW' 76ZW N/.!02/'32"f J SHEET 2 of 3 SAND LARK = - //0Q1 W Pi . p0 Ewls ND 17 � W 16 b 125514 /Q• ff. a Z • 115608 h , iitSol _ S940 2w AO I m EMI. J a 2 % I 116572 sq' f 2 I I ¢ 15 * 7�°31'l7" !6 76 STROSAND R 0 19 I j4 ) 1 20 1 13 I 3 Q Jj%L�^ NOCE Eom Curve Data CERTIFICATE No. 54.17.3 (a)965 CUNYi d R A T CH. L. - or a /6°00'00~ SMAV maw' Sa00' /M46' N/6°10'09"E Q 54.17-3 (b)162 cQ LOT /6 /16°Aim' Saoo' 111.79' ".?W' 6Y.st' Nm015'53'E �'�I�U LOT/7 /S/°09Q!" 30.aD' lJI.O/' YQAOIQ' 9I./�' S0V°!6WNE LAND s LOr N A1°07100m SOi AW MAW' 7/.57' M/.IW SIS*AWl9"w FINAL P"r HARMER ORCHARD S46D/V/S/ON SrOmma asnwer AWDA Or COWrY VIRSAWA SCALE / " = 200' AUGUSr ll, 1960 Pnpond dy GREENWAY EAWNEER/N6 A SURIEYINB 00. /AC. R. O. Bbr 666 W/NC IES7ER, VMWAVA SHEET 5 o/ 5 ' FINAL PLAT HARAAER ORCHARD 5VAMWISIOW Stonewall District, Frederick County, Vo. AUGUST /I, 1800 BOARD OF SUPERVISORS PLANNING COAWISSIOy SUBDIVIS16YV ADMINISTRATOR V/RG/N/A . DEPARTMENT OF HIGHWAYS L OCAT/ON MAP SCALE / "= 2000' APPROVED BY HEAL TH DEPARTMENT r 7,59 ,A# 04TE DATE DATE DATE OWNERS CERTIFICATE The above and foregoing subdivision of the land of Allen Bond Sr as ogoeors in the accompavWing plot is with the consent and in accordance with the desires of the undersigned owners, proprietArs, and *Wt~ if any. SURVEYORS CERT/F/GATE 0 1' / hereby certif that the land contained in this subdivision is o . �'. y y, portion of the /add conveyed to A//&7 Band Sr. by deed doted l June /953 and recardfd in the Frederick County Court Clerks Office in Deed Book 228 at pW* 23. y-I) t AND SHEET / o/ 3 � m 15 /4 10137'3 N /3 8 ,ate sv f N o . ,. 100254 Sq. ft. S 7/001'404E S" Z O y 3I � /00151 sq. ft. w) h Z 4 y 10 100 9 X 10p344sq ft i 18 1 i Nlope sq. ft 7Mo�i"w I 11 =i s w Wso 1 8 101101 sq' "' I 36-ate _--- s/ . I-156.99N ro°24,Y2"w — 6Am ® 94XrVELL- all 1001 W ` I 100447 sq- N �1 5150� I it a I a 1 SO ft. r I 10�3 sq P°rcel / o ISO Y o 0 I 6 ft. fiS� E 5t001 � sQ �1 x I j00004 8 FINAL PLAT $ ' I+IA MER MCMAP S1bBWASMV Sr*AWWI L VISMOr AWAMW VVIAWY Srg016'26"E 344.00 ViAMMVA 0. k$ SCALE / " = 2wo AMMISr //, JAAO P.vomd by J 6WEENWAY EAW#EERAW o StiMYEMW CO AV / P.O. Aw ON 100,414 54•fr� / a Cww Deft Vol ` 4 p 0p , 8. SCEMtn.- QLKIIFIC.AIF NO- 54.17'3 ' 31966 LAND CWIYE J , d dtBo5922" R A r M.00' *35014'4/1w 2300 36.R3' "M' 2 3 o 1 6 7 90o4/'S13" 0303640" ADIW'3I" AS03O'/7" 0304757' 1/032,401, 2500' /SLtAM' MOO' 2Sao, /S IW' /oMM' .W.57' 25.30' 38.57' N560/I'S0"E AASY' SAO00o'JW* 4f' S33o/2,jr F J __. 3St84' Smfto AD'i A ldo' S/7059'/9"w AWG44'NA400o'p"l ARSt3' moo' oAW Af./7' - -- 3/3/' AK/II AAO-W SO.�W AV.A*' MOW' LOT /3 !Or /4 LOr 7 Mo3f'oo" 07ow'oo 0503o'4#" /220A'2'09' ompxr /oAi A/' ma A/' 165.-;vI 200.00' W-M, AW W /A9.S4' NA30SS'4r"E *;?'IV 527050 NIV SO.00' /06.7!' AO.A/' LOT o N040'2/' so.OD' SASO' oLi SAp' N56o2C'//'w LOT9 99008'06" som' A%o7' saw, ?WW'Nmomo'Slt'E J SMEEr 2 o/ 5 i h CL.ApK NANO to 1l 125514 84• ft. 11560 sq. is \ � al , N L.Ewls �8 „E s•- W � it I .'�• ss�•N'Ai � s�+•s+D��'i e� �Q 1• 8 � g 16 � $ 3 � I� 11+i51? i0• � � 00g60 s9 n I \ I O I STa•Y4sY'�E.....•. � I a� �s 41' • Ta' I s piER STROS LAW Z 19 I 14 ) 20 cz MAX_yE[.� -_ /3 I 3 Corm Dole Cl TIFICATE N(L - 54.17.3(a)965 cos iS As•Odav" sMaaMRM' MW Z&44' nis ae'Mlr c�,P 54.17.3 (b)162 car LOT is wooWss' maoW Imm' A r.m' mm' N.w•d'jv'Lr �6y LOT it mdLwaS' soon' Amm' smos' w.a' sapsA>•'s4"[ LAND LOT At Wwadav" am wl Pa v' n.sr' /err' si#MW Plr SAL _ -- AWAY" ORCAWW SIARWISAOW SMAWN Ut PCs AIMMOr f&WrT vANSAWA SCALE / " = JW' AUB( r H, IMO PAWaNd a G➢gEEAWY EA4 AWO Ml6 O S11AYi!'>9Mli W. AVC P. O. slu tw WmAa%wml YAAIRIMI/ SNEET d of 3 I FINAL PLAT HmAAER aPCNAAID suiwt.SYav Stonewall Distr/ct, Frederick County, Va. AUWSs //, ISM L OCAT/AN MAP SCALE /"se"' Rf 1s9 % w �► APPROVED BYE BOARD OF SUPERVISORS QQTE PUNN/NO Ca ISSION DATE SUBD/VIS/OW ADMINISTRATOR DATE VIRs/N!A . DEmRTMENT OF HleHwAYS DATE HEAL 7H DEHARm ENT OWNERS CERnF/CATE The above and foApoing subdivision of Me land of Allen Bond Sr. as appeors in the accompanying plot is ham the consent and in accordance with the desires of the undorsigned owners, proprietors, aAd #Wteee if 4V. SURVEYOR'S CERTIFICATE .�' /hereby certify, That /heland contained in this subdivision is a port/on of ttw land conveyed to Allan Bond Sr. by deed doted / ✓one /953 and recorded in the .'`"�°�.`• Frederick County Court CIMrk'sOffice in Deed Book 228 at Page 23. • 7 W > i� ,.ANU SHEET / of 3 18 "E .: .. I S rop4 � . 0I � � 0-� , 15 p 4"E ' yrRosalDER LAN ,w a W 14 -,�' N !��� 103/49 sq. ft. ` a 8 , l01101 sq. ft. 1373 SQ. ft e a Z / 01 N78op4"?o w 6� :...Np°f/ o ��"E ® /\ �p/C/ / —QR. 4I!•0!_—�'� q76 „G/—�J- ox /3 I'� sci sq.ft Ig . a 100 ` I I00447 SQ. -- 1 p •E 100254 sq. N. 01* �. e 100 h � (cell 57/°ol'40"E 564.76' w d 8 c $ h o ft 1 /00/5/ sq. ft. I -4 0� SQ 1W / m 100 $ ku N 73° 43'�' Y AW 44' \ .30 Q I N 09° �P �10 L Z 'O o Q sq f ' d'It' �'►�' 4 h 100062 sq. ft' 0 IOO�a g $ RmAL aLAr U) I 4 8 HARAAER ORCHARD SG&D/V/S/GW S70NEMMLL cismCT /Wfirmw O?OM 348.09 V/IIMN/A N 80° �w w 373.30 S79°l8 E I W 50. h SCALE / " = 2G1D' AUGUST .... p Frepond by l � WEENWAY _rVWVEEmW 8 SURVEYING CO AV P. m W6 WNCH"M V/IMmfMW 100344 sq. ft g lea ft 54' 130 6k 11 a i 100,414 sq.ft. �poo .� curve Data CURVE 4 / �w-59'22" 2 90°4/'?J" 3 I0303448" 1 9p°2339 3 °3p'/7" 6 t 09"47157" 7 I/°3Z'N" R A 25.00' 3B.Bd' 25.00' 59.57' I3I359 96.53' 25L00' 59.44 2700' 37.3/ I5/3.59' A00.36' /453.59' L 29Y.94' r 2456'�35.04' CH. N35031'4/"W 35.57 NMOM'50"E 9638' S/0009'53"w 35.48' S330AZ'3 lE 3394' S"dW'J" /at34' 817°59'l9"W 25W.44'N-MoaVS3ME 25.30' 48.0 25./7 M//' SO.M' W.97' e a 3°8'sI" LOT 15 07 55 o0 LOT /� C13o39'N" LOT 7 /1p2?'Cl9" _LOT 8 64°N'2/ -- LOr 9 99006,06 ' _ /65.27' s7�riuv' 1455 M 200,00' /ISS.S9' ALAI' -- 50.00' /06.79' saw,j Sam, 50.00' 1 86.47' B2.86' /6569' N//°4!'2S"E AGb /6' 46.4B' I9984' NAYPSO f"E 1 _ Sit 92' NA9°/O'noE I762' S27°d8'3I"w saw v5sw //"w 704P 'v"ose jet 90.19' -- vas, 58.03' SNEET 2 01 5 7 L.AND G�ARK � o•p0 �0- t4. A �EryiS Z % h ti NSs� ft. 8 � I „E Y7s•� W T - A � 2p • V 2 Q g g IQ 18 0 ? t I f05960 sq, f� ESTO I ` s'" R i MD 1 1 Z /9 I 14 Z� 20 1 -- _ _OR.-_ XNrE MA�L 13 I 3�'�; curvo DWO CURYE d R A r CH. GOT /S /8w00'o0" SMM' IMM' MaW' Aft44',VI**S!'09V LOT/6 ae°oolm, saoo' ///.79' /w.m' mRst' #Jvols'5dmE Lor/7 /sI°G os' 0.00'- AN-01' Amos' M/,' sOvW'"'E Lor /s Isooew" >WM;s!' / Rio' r/.S7' MI.m' SIiioMVe"W FwAL PLAT MRAWN ORCHARD SUMV/SIM smrts mu awwr P,Me , sw agwrr V/RNMVA SCALE / " _ 200' AUGUST //, /900 pi°pomd fr GREENWAY EAWAL-ER/NG B XWWY/+WS CVVW Po. Nr am W/NCHWER, VMOAWA SHEET 5 of 5 BMB:dhc 5-6-81 4674 MCKEE AND BUTLER ATTORNEYS AT LAW WINCHESTEA. VA. 32BOS 11 SOUTH CAMERON STREET THIS DEED OF DEDICATION made and dated this llth day of May, 1981, by and between DAVID B. HOLLIDAY and JUNE R. HOLLIDAY, his wife, by her Attorney -in -Fact, David B. Holliday, parties of the first part, hereinafter called the Grantors, and COUNTY OF FREDERICK, VIRGINIA, and CITY OF WINCHESTER, VIRGINIA, parties of the second part, hereinafter called the Grantees, and THOMAS M. DICKINSON, JR., Trustee, party of the third part, and "IABEL H. BOND, Beneficiary, party of the fourth part, and BENJAMIN M. BUTLER, Trustee, party of the fifth part, and THE COMMERCIAL AND SAVINGS BANK, party of the sixth part. WHEREAS, the Male Grantor is the owner in fee simple of a certain tract or parcel of land, situate in Frederick County, Virginia, to -wit: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, containing 54 Acres in the aggregate, located in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described as Fox Lair Subdivision on that certain plat and survey drawn by H. Bruce Edens, C. L. S., dated August 11, 1980, revised February 26, 1981, attached hereto and by this reference made a part hereof as if set out in full; and being the same land conveyed to the Male Grantor herein by deed dated March 13, 1981, from Mabel H. Bond, widow, of record in the Office of the Clerk of the Circuit Court of Frederi County, Virginia in Deed Book 534 at Page 136; and, WHEREAS, the Grantors now desire to subdivide the same into lots to be known as Fox Lair Subdivision, and that the above and foregoing subdivision of the above described property, as it appears on the aforesaid attached plat, is with the free consent and in accordance with the desires of the undersigned owner, proprietors, trustees and beneficiaries, and that the said Grantors do further desire to subdivide the aforesaid property in accordance with the provisions of "The Virginia Land Subdivision Act" as are applicable and the applicable Ordinances of Frederick County, Virginia and the City of Winchester, Virginia, and to dedicate the streets and easements as shown on the aforesaid attached plat to the County of Frederick, Virginia and to the City of Winchester, Virginia; and, WHEREAS, the male Grantor herein, by Purchase Money Deed of Trust, dated March 16, 1981, of record in the aforesaid Clerk': Office in Deed Book 534 at Page 138, conveyed the subject land to Benjamin M. Butler and Thomas M. Dickinson, Jr., Trustees, either one or both of whom may act, in trust to secure two certain bonds described therein, payable to Mabel H. Bond, or order; and, WHEREAS, the Grantors herein, by Deed of Trust dated May j_a_, 1981, of record in the aforesaid Clerk's Office in Deed Book C5,7, as Instrument No.13o?q, conveyed the subject property to Benjamin M. Butler, et al, Trustees, in trust to secure The Commercial and Savings Bank, Winchester, Virginia, a certain indebtedness described therein. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and the benefits which will accrue by reason of this dedication, the Grantors, the party of the third part, and the party of the fourth part, do hereby subdivide, grant, and dedicate, in fee simple, all of that portion of land designated Fox Lair Subdivision, located on the East side of Virginia Secondary Highway No. 739 in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid plat attached hereto and made a part hereof, and by this reference incorporated as a part of this deed as is set apart for streets or other public use and to create a public right of possession of the same; and being the same land conveyed to the male Grantor herein by deed dated March MCIiEE AND BUTL RER ATTONEYS AT LAW 13, 1981, from Mabel H. Bond, widow, of record in the aforesaid WINCHESTER. VA. 22BOS 1 I SOUTH CAMERO N S TREET Clerk's Office in Deed Book 534 at Page 136. -2- MCKEE AND BUTLER ATTORNEYS AT T.AW WINCHESTER. VA. 22601 I SOUTH CAMERON STREET All of the lots shown on the aforesaid attached plat shall be subject to the following restrictions, which are covenan real running with the land and shall be binding on subsequent owners of said lots and each deed shall contain these restriction or incorporate them by reference: 1. LAND USE: No lot shall be used except for single family residential purposes. No home occupation of any type shall be allowed on any of said lots. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No such dwelling shall exceed two stories above foundation line in height. No other building or improvements shall be erected, altered, or placed or permitted to remain on any lot other than a carport or garage, patio walls, swimming pool, wooden fences, as hereinafter described, and other outbuildings for use and enjoyment of the lot for residential purposes. Any stable, gazebo, garden shed, or other out- buildings shall not be placed on lot unless approved by the Architectural Committee here- inafter referred to. Any garage or carport as hereinbefore provided shall be homogeneous. in design to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper trailer or recreational vehicle shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored so as not to be seen from any road at any angle of sight. 3. BUILDING LOCATION: No building of any type, including porches, verandas and garages, or any portion thereof, shall be located on any lot closer than 60' from the front property line of said lot adjoining a road. Further, no such building or portion thereof, shall be placed on any lot closer than 50' to any rear lot line. Side lines are to be a minimum of 15' on one side and 20' on the other side. For a corner lot, the front of the lot is considered to be the shortest of the 2 sides facing the roads and the front setback line must be 60', the rear setback line must be 50', the side yard facing the side street shall be a minimum 35' in width and the other side yard to be a minimum of 20' in width. If two or more adjoining lots are acquired by the same owner, a home may be built on more than one lot and in such case, the restriction pertaining to minimum side lot lines, herein - before recited, shall not apply.to the common -3- MCKEE AND 13UTLERI ATTORNEYS AT LAW WINCHESTEE, VA. 22BO1 i I SOUTH CAMERON STREET boundary line of the two lots which have been joined. The Grantor/Developer is to approve the location of the house on any of said lots. No trees (unless dead) 6" or more in diameter are to be cut or removed from any lot unless in direct conflict of a building or improve- ment location. 4. (A) TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than the following total finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements, of the following types.of dwellings: (a) Rambler, ranches, one story or the above ground levels in a multi -level home - 1800 Sq. Ft.; (b) One and one-half stories - 1600 Sq. Ft. first floor above grade and 800 Sq. Ft. on second floor; (c) Split foyer - 1500 Sq. Ft. on main level above grade; and, (d) Two stories - 1200 Sq. Ft. each floor. All structures must have a minimum roof pitch of 5/12 unless otherwise approved by the Architectural Committee. (B) The above square footage requirements shall not apply to Lot 3 which is improved by an existing old farm house. In the event the farm house is destroyed or removed, any replacement shall conform to the requirements in 4(A) above. (C) The barn located on Lot 18 shall be used only as a dwelling or used only in connection with a dwelling. In the event the barn on Lot 18 is utilized as a dwelling, the said barn shall conform to the square footage standards set forth in 4(A) above. In the event that the barn is not utilized as a dwelling, but is used in connection with another lot in said Sub- division, the same shall be exempt from use as a residential dwelling and exempt from the square footage requirements in 4(A) above, provided, however, the same must be used in connection with a residence meeting the criteria set forth in 4(A) above. 5. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other building shall be erected or placed on any lot which has an exterior con- struction other than brick, wood, stone or combination thereof, unless otherwise approved by the Architectural Committee. Any exterior solar design or antennae, towers, transmitters for radio, television, microwave, or the like, must be approved by the Architectural Committee. QM MCKEE AND BUTLER�i ATTORNEYS AT LAW WINCHESTER. VA. 22601 it SOUTH CAMERON STREET 6. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 7. FENCES: Fences located in the front or on the side of the house must be constructed of wooden board or rail, or other material approved by the Architectural Committee, and any such fence shall not exceed forty-two inches in height. Fencing in the rear of the house may not exceed seventy-two inches in height and the material and design shall be subject to the approval of the Architectural Committee, but in no event shall chain link fences be used. All fences constructed shall be kept and maintained in good repair, including painting and staining, if the same is required. 8. CLOTHES LINES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. 9. SIGNS: No sign of any kind shall be displayed to the public except signs not larger than 5 Sq. Ft., advertising the property for sale. Signs indicating the name of the residence not larger than 5 Sq. Ft. may be permitted with the approval of the Architectural Com- mittee. 10. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste, shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 11. ANIMALS: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept for personal pets, and horses or ponies may be kept, but such dogs, cats, horses, ponies, or other household pets may not be kept, bred, or maintained for commercial pur- poses. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the Subdivision of Fox Lair. 12. WATER SUPPLY: No individual water supply system shall be permitted on any lot unless located, constructed, and equipped in accordance with the requirements, standards, and regulations of the Frederick County Health Department and State and local ordinances, and unless approval for said system is obtained from the Frederick County Health Department. 13. SEWAGE DISPOSAL: No individual sewage -disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirements, standards, and -5- regulations of the Frederick County Health Depart- ment and State and local ordinances, and unless approval for said system is obtained from the Frederick County Health Department. 14. OFF-STREET PARKING: After a residence is built on any of said lots, the lotowner shall provide in connection therewith off-street parking space of at least 12` by 501. 15. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than one ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this Subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motion vehicles. No abandoned motor vehicles will be permitted on any lots or park- ing area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a public street or highway). 16. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or main- tained on any corner lot which rises more than three feet above ground level within twenty-five feet of the intersection of any two street lines. 17. RESUBDIVISION AND EASEMENTS: None of the said lots shall at any time be subdivided, conveyed or sold except as a whole unless the sale or con- veyance results in a lot larger than the lot size as shown on the said plat. No easement or right- of-way shall be granted over any lot except for purposes of public utility, (water, sewer, electric, gas, telephone, cable television, etc.). All utilities shall be constructed underground; `all service laterals shall be installed at the sold expense of the lotowner (not the Grantor/ Developer). If two or more adjoining lots are acquired by the same owner, none of said lots shall be conveyed by said owner unless the lot being sold and each lot being retained by that owner are in compliance with all of these cove- nants and restrictions. 18. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. 19. STABLES: One stable may be erected on any of said lots, with the design, size, and location on the lot approved by the Architectural Com- MCKEE AND BUTLER ATTORNEYS AT LAW mittee. WINCHESTER. VA. 22601 it SOUTH CAMERON STREET II 20. HOUSE PLANS: The undersigned Grantor/Developer reserves the right for himself, his successors -6- MCKEE AND BUTLER ATTORNEYS AT LAW WINCHESTSR. VA. 22601 11 SOUTH CAMERON STREET or assigns, or an Architectural Committee being him or appointed by him, his successors or assigns, to review and, if desired by him, his successors or assigns, to reject any and all plans for houses or other structures proposed to be constructed on any lot. Developer retains the majority vote on the Architectural Committee. 21. WAIVER: Grantor/Developer shall reserve the right to waive any or all of the covenants and restrictions contained herein except restriction No. 1 as pertains to LAND USE, and restriction No. 4 as pertains to TOTAL FINISHED SPACE of dwellings. This right of waiver shall not affect the binding effect of the covenants and conditions upon any lot. 22. RESERVATIONS: The Grantor/Developer reserves unto himself, his successors or assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility lines and equipment are now located and along the strip 10 ft. along the front and rear of each lot and a 10 ft. strip centered on the side line of each adjoining lot, and a 10 ft. strip along the boundary of all non -adjoining lots. Grantor/Developer further reserves the right alone to impose additional restrictive covenants and restrictions as to the sale and transfer of any lot or lots owned by him and such imposition shall not affect the binding effect of these provisions upon any other lot. Invalidation of any one of the covenants or restrictions con- tained herein by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. The failure of the lotowners or the Grantor/ Developer to enforce any covenant or restriction shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. Any or all of the rights, powers, duties and obligations which, in this instrument, are assumed by, reserved, or given to the subdivider, his successors or assigns, for the said Archi- tectural Committee, may be assigned or transferred to any one or more corporations or associations which will agree to assume said rights, powers, duties, and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights, powers, duties, and obligations, which instrument shall be recorded; and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to -7- MCI{EE AND BUTLER ATTORNEYS AT LAW WINCHESTER. VA. 22601 11 SOUTH CAMERON STREET and assumed by the subdivider, his successors or assigns or the said Architectural Committee. In the event of such assignment or transfer, the assignor or transferor, his successors or assigns, or said Architectural Committee, shall thereupon be released from all of the rights, powers, duties, and obligations in this instru- ment reserved or given to and assumed by the subdivider, his successors or assigns, or the said Architectural Committee. The right of assignment hereby reserved to the subdivider, his successors or assigns, and the said Archi- tectural Committee, is so reserved to the end that the rights, powers, duties, and obligations reserved and given to them may be assigned to an association or corporation formed by the owners of lots in said Subdivision for the pur- pose of accepting said assignment; and such assignment may be made at such time as the subdivider, his successors or assigns, and the said Architectural Committee shall jointly determine. 23. ARCHITECTURAL COMMITTEE: The Grantor/Developer shall constitute the Architectural Committee and shall have the power to appoint his succes- sor in interest, and such Architectural Committee shall have no liability whatsoever, either direct or indirect, on the approval or disapproval of matters as set forth hereinabove, but such power in the Architectural Committee shall be solely discretionary. The size of the Architectural Committee shall be determined by the Grantor/ Developer or his duly nominated successor(s) in interest. If the said Committee, or its duly authorized representative shall fail to approve or disap- prove any proposed plans, specifications, or locations within thirty days after the same shall have been submitted to the Grantor/Developer, or his successor in interest, for approval, such plans, specifications, and locations shall be deemed to have received the approval of said Com- mittee, or its duly authorized representative. 24. TERM: These restrictions are covenants real which shall run with the land and shall be binding upon all future lotowners, and those claiming under them, for a period of 7 years from date of recordation of the Deed of Dedication. Thereafter, these restrictions shall be automatically extended for successive periods of 7 years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the restrictions in whole or in part is re- corded in the land records of Frederick County, Virginia prior to commencement of one of the said 7 year terms. 25. ENFORCEMENT: The Grantor and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attempted viola- MCKEE AND BUTLER ATTORNEYS AT LAW WINCHESTER, VA. 22601 I SOUTH CAMERON STREET tion of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation, subject to the reservations of Grantor/Developer set forth in Paragraphs 21 and 22 above. 26. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order or in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. The party of the third part, the party of the fourth part, the party of the fifth part, and the party of the sixth part, do hereby join in this Deed of Dedication for the sole and exclusive purpose of indicating their consent to the subdivision of the subject property and for the release of the liens of the aforesaid deeds of trust of record as aforesaid over that portion of the land designated for public roads, to -wit: Canterberry Lane and Gloucester Drive, but in no other way affects the liens of the aforesaid deeds of trust. WHEREAS, by Power of Attorney, dated June 5, 1973, of record in the aforesaid Clerk's Office in Deed Book 410 at Page 212,, June R. Holliday appointed David B. Holliday her Attorney - in -Fact. WITNESS the following signatures and seals: (SEAL) ;DAVID H ID �g (SEAL) 1 E R. H LLIDAY, b her Attorney -Fact, David B. Holliday (SEAL) } THOMAS MDIqKINSV qR. TliU,aS�E (SEAL) BFNJAMIN M. BUTIZR, TRUSTEE By COMMERCIAL AND SAVINGS BANK STATE OF VIRGIN�I,A, •9 `�:�t_''._.' TO -WIT: e a Notary Public in and for the State and .,r.� ` W'l; � �; � aforesaid, do hereby certify that DAVID B. HOLLIDAY, Individually, and as Attorney -in -Fact for JUNE R. HOLLIDAY, whose names are signed to the foregoing Deed of Dedication, dated May 11, 1981, has personally appeared before me and acknowledged the same in my State and( /'({--j( aforesaid. a Given under my hand this 1�44`day of 1981. I � My Commission expires NOTARY PUBLIC STATE OF VIRGINIA, CZ e c1 ��a� OF , TO -WIT: for, the State and THOMAS M. DICKINSON, JR., a Notary Public in and aforesaid, do hereby certify that TRUSTEE, whose name is signed to the foregoing Deed of Dedication, dated May 11, 1981, has personally appeared before me and acknowledged the same in my State �ar-d- aforesaid. Given under my hand this day of Lj%(�,� 1981. My Commission expires STATE OF VIRGINIA, 611t OF NOTARY PUBLIC TO -WIT: a Notary Public in and for the State anu- aforesaid, do hereby certify that MABEL H. BOND, whose name is signed to the foregoing Deed of MCI{EE AND BUTLER ATTORNEYS AT I.AW Dedication, dated May 11, 1981, has personally appeared before WINCHESTER. VA. 22601 if SOUTH CAMERON STREET me and acknowledged the same In my State and -10- aforesaid. Given under my hand this /2y/—day of 1 !T, , 1981. My Commission expires�- R � NOTARY PUBLIC STATE OF VIRGINIA AT LARGE: I, DOROTHY H. CONNER, a Notary Public in and for the State aforesaid, do hereby certify that BENJAMIN M. BUTLER, TRUSTEE, whose name is signed to the foregoing Deed of Dedication, dated May 11, 1981, has personally appeared before me and acknowledged the same in my State aforesaid. Given under my hand this day of 1981. My Commission expires�7�,t^��� STATE OF VIRGINIA, OF I, for the State and NOTARY PUBLIC , TO -WIT: a Notary Public in and aforesaid, do hereby certify that , who is of ITHE COMMERCIAL AND SAVINGS BANK, whose name is signed to the ,foregoing Deed of Dedication, dated May 11. , 1981, has personal jappeared before me and acknowledged the same in my State and aforesaid. Given under my hand this day of My Commission expires MCKEE AND BUTLER ATTORNEYS AT LAW WINCI[ESTER. VA. 22601 11 SOUTH CAMERON STREET NOTARY PUBLIC 1981. -11- MCKEE AND BUTLER ATTO$NEYS AT LAW 11 SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER,VIROINIA 22601-1297 PETER K. MCHEE (1934-1967) AREA CODE 703 $ENJAMZN M.BIITLEH TELEPHONE 662-3486 SFAx 703-722-3787 TEPHEN G.$UTLEB MiCHAEL L. BYYAN August 20, 1990 PLEASE REPLY TO: P.O. DRAWER 2o97 Mr. Wayne Miller Frederick County Department of Planning and Zoning 9 Court Square Winchester, Virginia 22601 Re: William Stephenson Foxlair Subdivision Dear Wayne: Bill Stephenson has contacted me concerning a drainage problem which is causing extreme difficulties in keeping his swimming pool free from mud and debris. Apparently, storm drainage is coming from adjacent properties and finding its way into his swimming pool. It is my understanding that you have visited the site, and I am hopeful that you can provide me with some information indicating whether the problem can be addressed. I look forward to your thoughts in this matter. Very truly yours, McK and' UTL - MIt:6AEF✓L. RYAN U MLB/clh COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 August 21, 1990 Mr. Michael L. Bryan Attorney at Law 11 South Cameron Street Winchester, VA 22601 RE: W . -loam-- n �Foxlair Subdivision Dear Mike: I have visited the Stephenson property in Foxlair on two occasions recently, once in the company of the County engineer. I would be willing to give you my thoughts on the condition that exists there and what I believe to be the obvious solution to the problem. I believe the best way to do this is to meet and discuss the subject. My schedule is very flexible so I can get together with you most any time, just let me know what you desire. Sinc rely, W.Wayn Miller Zonin Administrator 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER ( 703) 984-4133 June 19, 1987 Mr. Stephen M. Gyurisin Dept. of Planning & Development P. 0. Box 601 Winchester, VA 22601 Dear Steve: 6' "Vy�tJ 1 W. H. BUSHMAN RESIDENT ENGINEER Ref: Foxlair Subdivision Off Route 739 Frederick County This is to acknowledge receipt of your memorandum dated June 15, 1987 along with the copy of a resolution which you indicate Mr. Holliday requested you furnish US. For your information and ready reference, I am herewith enclosing a copy of letter dated December 1, 1986 which pointed out additional drainage easement would be needed between Lots #15 and #16. It is our understanding this easement has been recorded, however, it has not been included in the resolution. We would need the deed book, page number and the date of recordation. If the Board sees fit, this subdivision could be added to the Secondary System along with appropriate resolution, bond and maintenance fee. Should you have additional questions, please do not hesitate to contact me. KDW/rlh Enclosure Sincerely, D. Walker Inspector For: W. H. Bushman Resident Engineer TRANSPORTATION FOR THE 21 ST CENTURY RESOLUTION BY THE FREDERICK COUNTY BOARD OF SUPERVISORS At a regular meeting of the Board of Supervisors of Frederick County, Virginia, held December 10, 1986, it was duly moved and seconded that the following resolution be adopted. BE IT RESOLVED, That the Virginia Department of Transportation is hereby requested to add the following roads to the Secondary System of Frederick County, pursuant to Section 33.1-229 of the Code of Virginia, 1950, as amended. 1) Canterbury Lane, Foxlair Subdivision, East from Apple Pie Ridge Road, State Route 739, 880' East to Gloucester Drive as Described in Deed Book 534, Page 136, Dated March 13, 1986. 2) Gloucester Drive, Foxlair Subdivision, 2,020' as described in Deed Book 534, Page 136, dated March 13, 1986. AND BE IT FURTHER RESOLVED, That the Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 60 feet as described in the above deed book and reference page numbers with necessary easements for cuts, fills, and drainage. The easement as recorded in Deed Book 639, Page 590, dated February 24, 1987 in the County of Frederick be further added. Motion carried A Copy Teste 5n RRiley, Jr. rederj.ick County Administrato RESOLUTION FREDERICK COUNTY BOARD OF SUPERVISORS At a regular meeting of the Board of Supervisors of Frederick County, Virginia held this loth day of December, 1986, it was duly moved and seconded that the following resolution be adopted: NOW, THEREFORE, BE IT RESOLVED, That the Virginia Department of Highways and Transportation is hereby requested to add the following roads to the Secondary System of Frederick County, pursuant to Section 33.1-229 of the Code of Virginia, 1950, as amended: 1) Canterbury Lane, Foxlair Subdivision, east from Apple Pie Ridge Road, State Route 739, 880' east to Gloucester Drive as described in Deed Book 534, Page 136, Dated March 13, 1986. 2) Gloucester Drive, Foxlair Subdivision, 2,020' as described in Deed Book 534, Page 136, Dated March 13, 1986. AND BE IT FURTHER RESOLVED, That the Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 60 feet as described in the above deed book and reference page numbers with the necessary easement for cuts, fills, and drainage. Motion carried. A Copy Teste John R. Riley, Jr. Frederick County Administrator pea j�86 Gave Wdeeidapr eoxdteactiam, 9mc. 0fpr OF nN0 O£V£; February 5, 1986 Mr. Bob Watkins Director of Planning Frederick County, Virginia 9 Court Square Winchester, Virginia 22601 Dear Bob: I respectfully request that you ask the Frederick County Board of Supervisors to resolve to ask the Virginia Department of Highways and Transportation to include in their system the following sections of roadway: 1) Canterbury Lane, Fox Lair, containing 1262.66 feet; 2) Gloucester Drive, Fox Lair, containing 1350.80 feet. Thank you for your consideration of this request. Sincerely, --7, David B: lliday, President DAVE HOLLIDAY CONSTRUCTION, INC. cc John Riley, County Administrator �f $WV AR`M'CO P. 0. BOX 2715 - WINCHESTER, VIRGINIA 22601 - (703) 667.2120 v ;n avc Wot%day 'c, tzuct era, Avc. i February 5, 1986 Mr. ,Bob Watkins Director of Planning Frederick County, Virginia 9 Court 'Square Winchester, Virginia 22601 Dear Bob: I respectfully request,that you ask the Frederick County Board of Supervisors to resolve to ask the Virginia Department of Highways and Transportation to include in their system the following sections of roadway: 1) Canterbury Lane, Fox Lair, containing 1262.66 feet; 2i Gloucester Drive, Fox Lair, containing 1350.80 feet. Thank you for your consideration of this request. Sincerely, 4ivid Bo" iollidsy, President DAVE HOLLIDAY CONSTRUCTION, INC. cc John Riley, County Admini3trator AR CQ F 0 BOX 2715 • MAIC-HIESTER, VIRGINIA 22601 (703) 667.2120 RAY D. PETHTELMOMMISSIONER FOGAR BACON, JONESVILLE BRISTOL DISTRICT SIPHEN A. MUSSELWHITE, ROANOKE. SALEM DISTRICT JAMES L. DAVIDSON. JR., LYNCHBURG. LYNCHBURG DISTRICT M. PHILMORE HOWLETTE. RICHMOND. RICHMOND DISTRICT C. ROGER MALBON, VIRGINIA BEACH. SU££OLK DISTRICT H. R. HUMPHREYS, JR., WEEMS. FREDERICKSBURG DISTRICT CONSTANCE R. KINCHELOE, CULPEPER. CULPEPER DISTRICT ROBERT W. SMALLEY, BERR YVILLE STA UNION DISTRICT JOSEPH M. GUIFFRE, ALEXANDRIA. NORTHERN VIRGINIA DISTRICT T. EUGENE SMITH, M[LEAN. AT -LARGE URBAN ROBERTA. QUICKIE, BLACKSTONE, ATLARGE-RURAL COMMONWEALTH ®f VIRGINIA DEPARTMENT OF HIGHWAYS & TRANSPORTATION 1221 EAST BROAD STREET RICHMOND, 23219 Edinburg, Virginia 22824 (703) 984-4133 December 1, 1986 OSCAR K. MABRY DEPUTY COMMISSIONER J. M. WRAY, JR. CHIEF ENGINEER J.T. WARREN DIRECTOR OF OPERATIONS JACK HODGE DIRECTOR OF ENGINEERING SALLY H. COOPER DIRECTOR OF RAIL AND PUBLIC TRANSPORTATION J. G. RIPLEY DIRECTOR OF PLANNING AND PROGRAMMING ALBERT W. COATES, JR. DIRECTOR OF ADMINISTRATION J. W. ATWELL DIRECTOR OF FINANCE Mr. Stephen M. Gyurisin Ref: Foxlair Subdivision Deputy Director Off Route 739 C/O Dept. of Planning & Development Frederick County 9 Court Square, P. 0. Box 601 Winchester, Virginia 22601 Dear Steve: This is in response to your memorandum dated November 24, 1986 concerning the above referenced subject. The following is a list of corrections and requirements: 1. Canterbury Lane - The distance should be 880' in lieu of the 900' as shown on Glouchester Drive. 2. Glouchester Drive - The distance is 2,020' in lieu of the 1,980' as shown. 2. The last time checked, Mr. Dave Holliday has not provided the necessary easement between Lots 15 and 16 as the easements were cut in a different direction from what is shown on the approved plans. Enclosed is information and data needed for subdivision streets prior to acceptance into the State Secondary System. This is the responsiblity of the developer. Three (3) copies of the final plat should be put to record showing the Deed Book and page number. For the 0.55 miles of proposed addition, please submit a bond guaranteeing workmanship and materials for one year from the date of acceptance which is deterr-Aped to be December. A $9.000.00 bond will be needed along with a check for the maintenance fee for $840.00. Should you have any questions, please do not hesitate to contact me. Sincerely, K. D. Walker �a' '`:��.; F Inspector ��, , `��� For: W. H Bushman �', Resident Engineer ` ,Y } �' KDW/ks °fy�f rl, �s Attach. TRANSPORTATION - AMERICA'S LIFELINES INFORMATION AND DATA NEEDED FOR SUBDIVISION STREETS PRIOR TO ACCEPTANCE INTO STATE SECONDARY SYSTEM Subdivision streets may be considered eligible for acceptance into the State Secondary System when built according to plans approved by the Department of Highways and Transportation, properly maintained since completion and rendering a public service. (Public service is generally defined as serving three (3) occupied dwellings.) The following is to be furnished to the County Subdivision Administrator at least three (3) days prior to the adoption of the resolution by the Board of Supervisors requesting the addition. One (1) copy of plans showing: Roadway geometrics. Drainage and drainage easements. Date and place of recordation, Deed Book number, and page number. Three (3) copies of final plat. Maintenance fee - check payable to "Treasurer of Virginia". Maintenace fee is required based on the length of the streets being taken into the system from the date of acceptance to June 30, (the . end of the fiscal year) . No maintenance fee is required if the addition is effective July 1st. Less than 1/4 mile - at the rate of $300.00 per year @ $25.00 per month. 1/4 mile to 1/2 mile - at the rate of $600.00 per year @ $50.00 per month. Over 1/2 mile - at the ratge of $1,200.00 per mile per year prorated monthly. Bond to guarantee workmanship and materials for one year from date of acceptance. Less than 1/4 mile - $3,750.00 1/4 mile to 1/2 mile - $7,500.00 Over 1/2 mile - at the rate of $15,000.00 per mile Signed permits covering all utilities, publicly or privately owned, to occupy or cross the right of way and quitclaim- ing any prior rights are in hand to be processed after route numbers are assigned. Additions will be made effective only on the first of the month. All data is to be in the hands of the Depart - ment of Highways and Transportation by the 20th of the proceeding month. I FEB 1986 RECEIVEE) DEPT. OF PLANNING AND DEVELOPMENT COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION Edinburg, Virginia 22824 (703) 984-4133 February 24, 1985 -Mr. Dave Holliday, President C/O Dave Holliday Construction Co., Inc. P. 0. box 2715 Winchester, Virginia 22601 Dear Mr. Holliday: Ref: Fox Lair Subdivision Off Route 739 Frederick County This will confirm my telephone call to your office on this date. I advised we were r-turning check #1076 in the amount of $200.00 and the bond form. This street is not eligible at this time to be added due to the pending work which we have gone over with your office on several occasions. Further, when this street is eligible, I will need three (3) copies of the final plat. These plats must be from the Clerk's office which show the Deed Book and page number. Should you have any questions, please do not hesitate to contact me. Sincerely, K. D. Walker Inspector For: W. H. Bushamn Resident Engineer KDW/ks Attach. CC z Mr. John R. Riley Mr. Robert W. Watkins COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION Edinburg, VA 22824 9g4-4133 August 24, 1982 Ref: Fox Lair Subdivision Off Rt. 739, Prederick County Mr. Dave holiday c/o Dave Holiday Construction Company P. 0. Box 2715 Winchester, VA 22601 Dear Dave: This will confirm my telephone call with Mr. Bob Hodges on August 23, 1992 when I advised that we would waiver the CBR tests in the above referenced subdivision with the understanding that a minimum of 8" of 21-A crushed stone be placed on all streets in the subdivision. When the stone has been laid, please contact me so I can spot check the depth of the stone. Should you have any questions, please let me know. Sincerely, W . H . Bushman Resident Engineer BY: K. D. Walker Inspector KDW/dkm cc - Mr. John T.P. Horne �x��.extt� �onntg RepartntPnt of 111annins anb pQfrdopment DIRECTOR JOHN T. P. HORNE P. 0. BOX 601 9 COURT SQUARE DEPUTY DIRECTOR WINCHE$TER. VIRGINIA 22501 STEPHEN M. GYURIBIN M E M O R A N D U M TO: County Administrator FROM: John T. P. Horne, Directorstm SUBJECT: Reduction in Bond for David Holliday DATE: August 23, 1982 .On August 23, 1982, I informed Lawrence Ambrogi, escrow agent for Frederick County, that I had performed an inspection of Fox Lair Subdivision and were requesting that he authorize a reduction in the Master Note Bond for road construction on that subdivision in the amount of $8,040.77. You will be receiving a transmittal from the Commercial and Savings Bank confirming this transaction. If you have any questions, please do not hesitate to contact me. JTPH/rsa 703/662-4532 ,�xQ�ext`c� (�vixxt�� Dgartmen# of jEauning nub P.efrel.oymen# DIRECTOR JOHN T. P. HORNE P. 0. BOX 601 DEPUTY DIRECTOR 9 COURT SQUARE STEPHEN M. GYURISIN WINCHESTER, VIRGINIA 22601 M E M O R A N D U M TO: County Administrator FROM: John T. P. Horne, Director J SUBJECT: Reduction in Bond for David Holliday DATE: July 8, 1982 On July 6, 1982 I informed Lawrence Ambrogi, escrow agent for Frederick County, that I had performed an inspection of Fox Lair Subdivision and were requesting that he authorize a reduction in the Master Note Bond for road construction on that subdivision in the amount of $10,077.40. You will be receiving a transmittal from the Commercial and Savings Bank confirming this transaction. If you have any questions, please do not hesitate to contact me. JTPH/dkg 703/662-4532 DIRECTOR JOHN T. P. HORNE TO: FROM: SUBJECT: DATE: Pryartment of 111anning anb p6eloyment P. O. Box 601 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 M E M O R A N D U M Lawrence Ambrogi, Commonwealth Attorney John T. P. Horne, Director of Planning TPA Dave Holliday Construction Bond January 14, 1982 Please authorize a drawdown of $14,000 on the construction bond for the Fox Lair Subdivision. I have inspected the site and consulted with Mr. Holliday and I'm satisfied that this work is completed. This drawdown should make the total drawdown to this date $30,000. If you have any question, please contact me. JTPH:dll 703/662-4532 Dave Wolf day eomaractiom, 9me, March 11, 1981 Mr. John Riley Director of Planning 9 Court Square Winchester, VA 22601 Dear Mr. Riley, Please find enclosed the breakdown of various construc- tion cost items required to complete the road and ditch work on the Bond property ["Fox Lair") on Apple Pie Ridge. As you are already aware, my firm will be doing the construction work. We have estimated this breakdown for bonding purposes at the normal market rates on equipment and material. Please read and advise the total amount of bond neces- sary, as I hope to place the plat on record on or about March 16, 1961. If you have any questions, please do not hesitate to call me. Thanking you in advance, I remain enc. DBH/jh Sincerely, David B. Holliday r� ARMCO P. 0. BOX 2715 - WINCHESTER, VIRGINIA 22601 - (703) 667-2120 V Note: This breakdown is based on actual test sampling and boring done on the site. 1. Stakeout: 1,000.00 ✓ 2. Strip 60' x 2800' topsoil and stockpile on site lots 3,5,14. 168,000# avg. 1.5 depth = 252,000# + 27 = 9333 cu yds 955 and truck - 40 hrs @ per week @37.00 4XIV _ $64.00 per hr total x 5 weeks 12,600.00 Estimated rock only on Gloucester Dr. ✓ @ Lots 7,8,9 - compressor 40 hrs. @28.00 1,120.00 Dynamite and caps 1,200.00 ✓ Clearing and grubbing lots 7,8,9,15,17, 18,19 - 955 C16 hrs. @37.003 592.00 955 [8 hrs. to clear rock @37.003 296.00 3. Cut and fill from existing to proposed sub -grade: Side ditches - 875 Cu yds cut from Canterbury Lane 955 C60 hrs @37.3 2,220.00 Fill entrance from 739 to Canterbury Lane cutting old road out and moving to Canterbury Lane - 955.[30 hrs. @37.003 1,110.00 Truck (30 hrs. @27.00)' 810.00 Side ditches Gloucester Drive - 1850 cu yds out - 955 C120 hrs. @37.003 4,440.00 Truck C80 hrs. @27.001 2,160.00 ✓ 4. Dozer and sheepfo,ot to compact sub -base (80 hrs. @30.003 25400.00X [sheepfoot) 300.00 k 5. Culverts: 100' 58 x 36 C57 x 38) @29.26 if + band 2,926.00 V__ 150' 50 x 31 C49 x 33) @25.74 if 3,861.00 80' 72 x 44 (71 x 473 @47.11 if 3,768.80 �^ 955 C16 hrs. @37.001 592.00 labor and tamping - crane (16 hrs. @40.00) 640.00 V-__ labor C64 hrs. @8.003 512.00 Y"-- tamper C16 hrs. @15.00) 240.00 stone C60 tons @6.50) 390.00 6. Special ditches: 835 ' 955 C40 hrs. @37.001 1,480.00 � 550 C40 hrs. @30.003 1,200.00'-' truck C40 hrs. @27.00) 1,080.00 ✓ 7. Hydroseed: side ditches, special ditches, all disturbed areas 1309000 � 9 = 14,444 sq. yds. @.22 68-/000 "/ B. Base stone: 3100' [including cul-de-sacs) x 24' wide = 74,400 sq ft i 9 = 8267 sq yds. [1" depth per sq yd = 88# base) / 8267 sq yds x 8"/sq yd x 88# f 2000 #/ton = `// 2900 ton @6.:00/ton 17 , 400. 00 i �) MOO Sub -total 67, 715. 48 Balance brought forward: 67,715.48 Water truck: 16 hrs. @20.00 320.00 Dozer: 16 hrs. @30.00 480.00 Roller: 16 hrs. @35.00 560.00 #68 stone 103 tons @5.70 [3.20/2.50) 587.10 #78 stone 103 tons @6.05 [3.55/2/50) 623.15 #8 stone 103 tons @6.20 [3.70/2.503 638.60 7500 gal. asphalt @1.25 9,375.00 Roller 24 hrs. @35.00 840.00 Asphalt distributor 24 hrs. @60.00 1,440.00 TOTAL 82,579.33 140+ /714190:7 7 eL ilo c,) 2 7 �/O I.-Ob Ay2a �m0 /� 0� • Oo 8%�gt �� 0 oo . 0o��PWAL �xebrextzk Conn#V Peyttr#ment of 111ttnning artb p6dopmtn# JOHN RILEY PLANNING DIRECTOR JOHN T. P. HORNE DEPUTY DIRECTOR Mr. Thomas Dickinson 20 S. Cameron Street Suite 101 Winchester, Virginia 22601 Dear Mr. Dickinson: P. O. Box 601 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 January 12, 1981 Please be advised that the Harmer Orchard Subdivision request has been placed on the. Agenda for consideration by the Frederick County Board of Supervisors at their meeting scheduled for January 14, 1981. The meeting will begin at 7:00 p.m. and will be held in the Board of Supervisors' Meeting Room, 9 Court Square, Winchester, Virginia. JRR:bjs Sincerely, 9&e-l fZ---*Y John R. Ril Director 703/662-4532 i' ,�X$�tExt�� fQnixn#� PepartmEn# of 1lttnning anal pz6gloymen# JOHN RILEY PLANNING DIRECTOR P. O. BOX 601 JOHN T, P. HORNE 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 M E M O R A N D U M December 8, 1980 TO: Messrs. David Andre' Lawrence Ambrogi, Commonwealth Attorney James M. White, County Administrator John T. P. Horne, Deputy Director ✓ FROM: John R. Riley, Director qAee, SUBJECT: DISCUSSION OF HARMER ORCHARD SUBDIVISION This memorandum is to inform you that there will be a meeting on December 9, 1980, 10:30 a.m., in the Office of Planning and Development to discuss the Harmer Orchard Subdivision. It is hoped that you will be able to attend. Attached for your information is an opinion from David Andre on this subject. JRR:bjs Attachment 703/662-4532 J. FREDERICK LARRICK (1917-1978) JOSEPH W. WHITE (1933-1978) DAVID J. ANDRE D. P. RABUN Ldw OFFICES LARRICH, WHITE, AND$E & RABUN P. O. BOX 3337 20 NORTH BRA DOCK STREET wINCHESTER, VIRGINIA 22001 (703) 067-0400 December 1, 1980 John R. Riley, Director Frederick County Department of Planning and Development Post Office Box 601 Winchester, Virginia 22601 Re: Harmer Orchard Subdivision Bond Property Dear John: COUNSEL OSCAR J. ANDRE This is in reply to your letter to me of November 25, 1980, asking for my opinion as to the options open to the County in regard to this subdivision request. From our conversation, it is my understanding that as far as you know this property is still owned by the Bond family and has been for a considerable length of time. Also, this particular land has been under consideration for rezoning as part of the recently completed comprehensive rezoning for approximately two years. The application for subdivision approval was made in August of 1980. The application went through normal channels and took the usual and customary length of time. As part of the subdivision request it would have been necessary that the owners submit a plat, road profiles and drainage computations which would had to have been prepared by an engineer. Counsel for the Bonds, Tom Dickinson, has told you that substantial costs were incurred in preparing these documents, but he mentioned no specific figures. The above information is important because of the nature of the legal problem involved. What we have is a "vested right" question. Our Supreme Court has said that where a property owner has a vested right in property it may not be rezoned so as to defeat the use being made or to be made of the property. Thus, my opinion must address itself to whether the Bonds have acquired vested rights in this subdivision such that the rezoning of their property on October 8, 1980, does not defeat their use of the property as a subdivision. John R. Riley, Director December 1, 1980 Page Two The two leading cases in Virginia on vested rights and analogous to this situation are both out of Fairfax County, and both decided the same day by the Supreme Court of Virginia. They are the Medical Structures case and the Cities Service case. In each of those cases prior to the submission of a site plan, special use permits were granted and the property changed hands thereafter. In each case the site plan was filed seeking approval before the property was rezoned. In each case the Supreme Court determined that the property owners had vested rights. In the Medical Structures case they pointed out that the property owner had expended in excess of $200,000.00 in preparation of the site plan and the necessary documentation that was over and above the cost of the land. In the Cities Service case they made no mention of a specific sum but simply said that the property owner had spent substantial sums. The Supreme Court also pointed out that because of the nature of the Fairfax County Ordinance the approval of the site plan was tantamount to approval of a building permit and that it was the most important approval necessary. Fairfax County, in my opinion, found itself somewhat in a box in that because of the fantastic documentation necessary to submit with a request for approval of a site plan, at that juncture a property owner had to expend sufficient sums to have acquired a vested right. As you will recall during our comprehensive rezoning meetings when this problem was brought up, I urged strict compliance with the usual and customary staffing, reviews and time lapse. This was to avoid any special treatment of this subdivision that would cause the owners to be able to complain that we delayed the process in order to rezone the property. Since we did not delay the process and we followed the usual and customary channels, it removes that as a ground of contention for them. The fact that the property owners urged the expeditious handling of this request which we did not meet does not change my view. They had no more right to request a speedier handling of the request than we did to give it a slower than usual treatment. It is my opinion that based upon the information above and the law of Virginia as it exists today that the County is within its rights to refuse approval of this subdivision request because of the lack of proper zoning. The County can require the Bonds to go back through seeking a rezoning of the property to that which would permit the subdivision that they have requested. I do not believe that the County would be well advised to allow this subdivision to be approved as submitted without the rezoning as it would establish a precedent which might preclude us from later denying another application or request. If, in fact, the planners and the supervisors feel that the John R. Riley, Director December 1, 1980 Page Three subdivision should be approved, then I believe they can make it known to the Bonds that they would be favorably inclined to grant a rezoning. Even in that regard, however, there is a pitfall we want to avoid. That is, why was a rezoning of the property proper on October 8, 1980, but now should be changed? We have to point to something as a changed circumstance or consideration. Don't lose sight also of the fact that Tom Dickinson is Lew Costello's partner and whatever action is taken by the Board in regard to the Bond property will readily come to the attention of Lew. I do not want to overstate the case and so please do not consider this as my recommendation that the property not be rezoned. I simply point out the care that is necessary if the Commission and the Supervisors are inclined to rezone. It is my opinion that the subdivision should not be approved as it is now submitted. Should you or any member of the Planning Commission or Board of Supervisors have any question about this letter, please don't hesitate to get in touch with me. Very ruly yours, r David J. Andre' DJA/pjd _34r.eberirk 41.ann#V Peyttr#zn.en# of 111anning nub p6e.[npnr.en# JOHN RILEY PLANNING DIRECTOR P. O. $OX 601 JOHN T. P. HORNE 9 COURT SQUARE DEPUTY DIRECTOR WINCHESTER, VIRGINIA 22601 M E M O R A N D U M December 8, 1980 TO: Messrs. David Andre'-,' Lawrence Ambrogi, Commonwealth Attorney James M. White, County Administrator John T. P. Horne, Deputy Director FROM: John R. Riley, Director qie' SUBJECT: DISCUSSION OF HARMER ORCHARD SUBDIVISION This memorandum is to inform you that there will be a meeting on December 9, 1980, 10:30 a.m., in the Office of Planning and Development to discuss the Harmer Orchard Subdivision. It is hoped that you will be able to attend. Attached for your information is an opinion from David Andre on this subject. JRR:bjs Attachment 703/ 662-4532 J. FREDERICK LARRICK (1917-1978) JOSEPH W. WHITE (1933-1978) DAVID J. ANDRE D. P. RABUN F?_!'[� �.. LAW OFFICES LARRICK, WHITE, ANDRE Sc R&BUN P. O. BOX 3337 20 NORT$ DRADDOC% STBEET wINcnESTER, VIROINIA 22601 (703) 067-0400 COUNSEL December 1, 1980 John R. Riley, Director Frederick County Department of Planning and Development Post Office Box 601 Winchester, Virginia 22601 Re: Harmer Orchard Subdivision Bond Property Dear John: OSCAR J. ANDRE This is in reply to your letter to me of November 25, 1980, asking for my opinion as to the options open to the County in regard to this subdivision request. From our conversation, it is my understanding that as far as you know this property is still owned by the Bond family and has been for a considerable length of time. Also, this particular land has been under consideration for rezoning as part of the recently completed comprehensive rezoning for approximately two years. The application for subdivision approval was made in August of 1980. The application went through normal channels and took the usual and customary length of time. As part of the subdivision request it would have been necessary that the owners submit a plat, road profiles and drainage computations which would had to have been prepared by an engineer. Counsel for the Bonds, Tom Dickinson, has told you that substantial costs were incurred in preparing these documents, but he mentioned no specific figures. The above information is important because of the nature of the legal problem involved. What we have is a "vested right" question. Our Supreme Court has said that where a property owner has a vested right in property it may not be rezoned so as to defeat the use being made or to be made of the property. Thus, my opinion must address itself to whether the Bonds have acquired vested rights in this subdivision such that the rezoning of their property on October 8, 1980, does not defeat their use of the property as a subdivision. John R. Riley, Director December 1, 1980 Page Two The two leading cases in Virginia on vested rights and analogous to this situation are both out of Fairfax County, and both decided the same day by the Supreme Court of Virginia. They are the Medical Structures case and the Cities Service case. In each of those cases prior to the submission of a site plan, special use permits were granted and the property changed hands thereafter. In each case the site plan was filed seeking approval before the property was rezoned. In each case the Supreme Court determined that the property owners had vested rights. In the Medical Structures case they pointed out that the property owner had expended in excess of $200,000.00 in preparation of the site plan and the necessary documentation that was over and above the cost of the land. In the Cities Service case they made no mention of a specific sum but simply said that the property owner had spent substantial sums. The Supreme Court also pointed out that because of the nature of the Fairfax County Ordinance the approval of the site plan was tantamount to approval of a building permit and that it was the most important approval necessary. Fairfax County, in my opinion, found itself somewhat in a box in that because of the fantastic documentation necessary to submit with a request for approval of a site plan, at that juncture a property owner had to expend sufficient sums to have acquired a vested right. As you will recall during our comprehensive rezoning meetings when this problem was brought up, I urged strict compliance with the usual and customary staffing, reviews and time lapse. This was to avoid any special treatment of this subdivision that would cause the owners to be able to complain that we delayed the process in order to rezone the property. Since we did not delay the process and we followed the usual and customary channels, it removes that as a ground of contention for them. The fact that the property owners urged the expeditious handling of this request which we did not meet does not change my view. They had no more right to request a speedier handling of the request than we did to give it a slower than usual treatment. It is my opinion that based upon the information above and the law of Virginia as it exists today that the County is within its rights to refuse approval of this subdivision request because of the lack of proper zoning. The County can require the Bonds to go back through seeking a rezoning of the property to that which would permit the subdivision that they have requested. I do not believe that the County would be well advised to allow this subdivision to be approved as submitted without the rezoning as it would establish a precedent which might preclude us from later denying another application or request. If, in fact, the planners and the supervisors feel that the John R. Riley, Director December 1, 1980 Page Three subdivision should be approved, then I believe they can make it known to the Bonds that they would be favorably inclined to grant a rezoning. Even in that regard, however, there is a pitfall we want to avoid. That is, why was a rezoning of the property proper on October 8, 1980, but now should be changed? We have to point to something as a changed circumstance or consideration. Don't lose sight also of the fact that Tom Dickinson is Lew Costello's partner and whatever action is taken by the Board in regard to the Bond property will readily come to the attention of Lew. I do not want to overstate the case and so please do not consider this as my recommendation that the property not be rezoned. I simply point out the care that is necessary if the Commission and the Supervisors are inclined to rezone. It is my opinion that the subdivision should not be approved as it is now submitted. Should you or any member of the Planning Commission or Board of Supervisors have any question about this letter, please don't hesitate to get in touch with me. Very ruly yours, I David J. Andre' DJA/pjd HAROLD C. KING, COMMISSIONER LEO E. BUSSER, III EUGENE M. BANE, GRUNDY, BRISTOL DISTRICT d0 ORp9 DEPUTY COMMISSIONER & CHIEF ENGINEER HORACE G. FRALIN, ROANOKE, SALEM DISTRICT J. T. WARREN DIRECTOR OF ADMINISTRATION WILLIAM E. ANDERSON, DANVILLE, LYNCHBURG DISTRICT I J. M. WRAY, JR. WILLIAM F. MOHR, RICHMOND, RICNMOND DISTRICT g�h.elt DIRECTOR OF OPERATIONS WILLIAM T. ROOS, YORKTOWN, SUFFOLK DISTRICT H. R. PERKINSON, JR. WILLIAM T. ROBINSON, WEST POINT, FREDERICKSBURC DISTRICT DIRECTOR OF PROGRAM MANAGEMENT WILLIAM B. WRENCH, SPRING FIELD, CULPBPBR DISTRICT W. L. BRITTLE, JR.DIRECTOR OF ENGINEERING H. DELMER ROBINSON, JR., WINCHESTER, STAUNTONDISTRICT COMMONWEALTH of VIRGINIA OSCAR K. MABRY T. RAY HASSELL, III, CHESAPEAKE, AT LARGE -URBAN DIRECTOR OF PLANNING DEPARTMENT OF HIGHWAYS & TRANSPORTATION CHARLES S. HOOPER, JR., CREWE. AT LARGE -RURAL 1221 EAST BROAD STREET IN REPLY PLEASE REFER TO RICHMOND,23219 1550 Commeece Street October 2, 1980 Winchester, VA. 22601 Re: Harmer Orchard Subdivision Route 739 Frederick County Mr. John R. Riley, Director Frederick County Planning & Development 9 Court Square Winchester, VA. 22601 Dear Mr. Riley: We are enclosing one copy of the plans and profile, and plat for the above referenced subdivision which has been reviewed by our District Design section with the following comments: 1. The double line of 580 x 3611 pipe arch at station 13 + 50 , Bond Drive, is to be increased to a double line of 72" x 44". 2. The 4311 x 2711 pipe arch under Maxwell Drive,intersection with Bond Drive, is to be increased to a 5011 x 3111 size. 3. A special design drain ditch will be required right of approximate station 10 + 00 to the double line of pipe at station 13 + 50, Bond Drive. Sod or protective covering is suggested for control of erosion in the ditch. 4. A 4' (four) bottom drain ditch will be required from the double line of pipe at station 4 + 50, Maxwell Drive, to the double line of pipe under Bond Drive. This ditch is to be protected from erosion by use of sod or otherwise. 5. Drainage easements should be provided across Lots 1, 2, and 20 to control the flow from the pipes under Route 739. 6. The out falls away from the subdivision appear fairly well defined. 7. All roadway and drainage ditches are to be sodded or otherwise protected from erosion. Additions of erosion control stone and under drains are noted on the plans. After the plans have been revised, please furnish us three (3) copies. Sincerely yours, W. H. Bushman RCK/jag Residlent ngineer Copy: Mr. H. Bruce Edens Mr. W. F. McCormick By:'R. C. King Mr. F. 0. Gallahan . ResidAt Engineer TRANSPORTATION - AMERICA'S LIFELINEsstg HAROLD C. KING, COMMISSIONER EUGENE M. BANE, GRUNDY, BRI.STOL DISTRICT HORACE G. FRALIN, ROANOKE, SALKM DISTRICT WILLIAM E. ANDERSON, DANVILLE, LYNCHBURG DISTRICT i I WILLIAM F. MOHR, RICHMOND, RICHMOND DISTRICT 8 WILUAMT. ROOS, YORKTOWN, SUFFOLK DISTRICT WILLIAM T. ROBINSON, WEST POINT, FREDERICKSBURG DISTRICT WILLIAM B. WRENCH, SPRINGFIELD, CULPEPBR DISTRICT H. DELMER ROBINSON, JR., WINCHESTER, STAUNTON DISTRICT COMMONWEALTH of VIRGINIA T. RAY HASSELL, III, CHESAPEAKE, AT LARGE -URBAN DEPARTMENT OF HIGHWAYS & TRANSPORTATION CHARLES S. HOOPER, JR., CREWE, AT LARGE -RURAL 1221 EAST BROAD STREET RICHMOND, 23219 October 2, 1980 Mr. John R. Riley, Director Frederick County Planning & Development 9 Court Square Winchester, VA. 22601 Dear Mr. Riley: LEO E. BUSSER, III DEPUTY COMMISSIONER & CHIEF ENGINEER J. T. WARREN DIRECTOR OF ADMINISTRATION J. M. WRAY, JR. DIRECTOR OF OPERATIONS H. R. PER KINSON, JR. DIRECTOR OF PROGRAM MANAGEMENT W. L. BRITTLE, JR. DIRECTOR OF ENGINEERING OSCAR K. MABRY DIRECTOR OF PLANNING IN REPLY PLEASE REFER TO 1550 Commerce Street Winchester, VA. 22601 Re: Harmer Orchard Subdivision Route 739 Frederick County We estimate the cost of constructing the Harmer Orchard Subdivision in accordance with the plan being returned to you today, to be forty- seven dollars ($47.00) per lineal foot or $130,000.00 for the entire development. RCK/jag Sincerely yours, W. H. Bushman Resident Engineer By: R. C. King Asst. Residen Engineer TRANSPORTATION - AMERICA'S LIFELINES HARMER ORCHARD SUBDIVISION - RT. 739 Visits made by L. Fisher to determine soil suitability. 1980 September 8 22 23 25 (Average length of visits October 2 was approximately 2 hours) 15 23 28 31 November 12 19 During most of the visits, employees of Greenway Engineering were present to point out boundaries and to dig holes as directed. During several visits a backhoe from Perry Engineering was present to dig holes as directed. HAMM ORCHARD SUBDIVISION - RT. 739 Visits made by L. Fisher to determine soil suitability. 1980 September 8 22 23 25 (Average length of visits October 2 was approximately 2 hours) 15 23 28 31 November 12 19 During most of the visits, employees of Greenway Engineering were present to point out boundaries and to dig holes as directed. During several visits a backhoe from Perry Engineering was present to dig holes as directed. HAMM ORCHARD SUBDIVISION - RT. 739 Visits made by L. Fisher to determine soil suitability. 1980 September 8 22 23 25 (Average length of visits October 2 was approximately 2 hours) i5 23 28 31 November 12 19 During most of the visits, employees of Greenway Engineering were present to point out boundaries and to dig holes as directed. During several visits a backhoe from Perry Engineering was present to dig holes as directed. ex.- (gountg Beyartmen# of 111anning unbr P,6.eloyraen# JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER. VIRGINIA 22601 DEPUTY DIRECTOR March 13, 1980 Mr. R. C. King Department of Highways and Transportation 1550 Commerce Street Winchester, Virginia 22601 Dear Mr. King: Please find attached a construction estimate for the Harmer Orchard Subdivision on Route 739. Would you please review this and comment as soon as possible regarding the adequacy of the estimate for bonding. If additional information is needed, please do not hesitate to contact me. JRR:bjs Attachment Si erely, John R. Riley Director 703/662-4532 FOXLAIR 7 SUBDIVISIONrt"{ STONEWALL DISTRICT A