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The Pines, II (Robert K. Stickley) R-3/14 - Backfile
i 1, k F' o� `t Al .._?'C'.4'O O G. .SOrO. •P!' `� �� O 'r �� �J � `yam �l- NOIP T/OiC/ of ois'cv�a,ci oc.rr, .•-.r�o�.�/cr cc., �• c.-ILL i " • .�0� ' is.IA.�. ��yyy M 90 U �]1 ,71 ' a U 79 O H 2-6 I t r. =ass.+A.''''-:ef�.i.E+�Fs.•�1�'R:-. -.,.r' 'x. r: �i'S.,::'r ,bpi r cs J:yr -ar, .., ,.� —., — }�''��,'r s7: 7{_.,.-.-�. ,.etc .. ...i:.E: _^.��.<. :-�.-_' - _ �J:}' _ -..r ix --'-.''e• _ - .. _ _ _ �/ w. i� SSG/. May 8,, 197 Ion. Raymond C. Sandy, Chairman . Frederick County Board of Supervisors 9 Court Squard Winchester, Va. 22601 x D ear Mr . Sandy: Persuant to our conversation of today, this is to confirm to the Board the present intent of the owners of Frederick- town Section II as to our development plans,for this subdivision. We intend to and give full assurance of the fact that all lots fronting on and north of Buckingham Drive will be utilized solely as building sites for single family homes. Also, it is our intention to apply to the Board at some `date future to request the vacating of the balance of the lots in this subdivision and resubmitting them,,to them the z proper authorities for their approval for multi -family homes. I appreciate very much your thoughts on this matter and I. am glad that you have agreed to give us your wholehearted support for the multi -family dots at the proper time in i return for the restrictions that we have agreed to above. With kind perponal regards. Sincerely, James L. Bowman Attested x .. s Frederick Development Company, Inc. s . May 8, 1974 Hon. Raymond C. Sandy, Chairman Frederick County Board of Supervisers 9 Court Squard Winchester, Va. 22601 Dear Mr. Sandy: Persuant to our conversation of today, this is to confirm to the Board the present intent of the owners of Frederick- towne Section II as to our development plans for this subdivision. We intend to and give full assurance of the fact that all lots fronting on and north of Buckingham Drive will be utilized solely as building sites for single family homes. Also, it is our intention to apply to the Board at some future date to request the vacating of the balance of the lots in this subdivision and resubmitting them to them the proper authorities for their approval for multi -family homes. I appreciate very much your thoughts on this matter and'I am glad that you have agreed to give us your wholehearted support for the multi -family lots at the proper time in return for the restrictions that we have agreed to above. With kind personal regards. Sincerely, es L, Bowman Attested Frederick Development Company, Inc. 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(yV� �/�v .�J ((ry�� �11��� CO Sc�E � •` \ I � i tl\A•�l oJV`' � e �� I \J � QD V) �4 o," �_S oi' 9S oi' 9S. of cv2 Yam- iwo E-X Cue p .2Ao/Us T.9�/G-�".v c E�cry pEsc.E��vr/o�v 2p �z' 4S2S'• /00.00' /04.93• /6/ B9' CE�/TE-��/•'vE Z�3Z" 3S" /3o.oa 6�o-5 Gor 3 /8/O "04" /30.00 4/ 2Z• Gor � Z ALL sA.c// Ti9 i4Y SE61%�F1 � /�/�' TEi4 , 3 E� is Ti.�/c� 20 ' SA.v'i TA.Qy SE'eYE.4 srAT/O.t/ //E of FiP�.vE4/c��"O,��r/E SEC 7-/Oit/ OiVL� 7-O Ti2`�A T Y1c.Cit/T 9 .��40it/T �•9it/.O i4Ei9.4 yA�4p SEY,BACf�S S/.OE YAi4p SET.QACffS TO .c�S i4EC�QE9 T/O.C/. 4 R E".-9 = /B4BS sq ..ter, v 6 /r4o �/ S To B� �G -S' CEG7 O itl AGG IV: cE�vr,4.y�. sysTE�s. y�YyS- F"o.4 �vc9Gi c �s E" .t/O. 2 ✓� O' 00 ' o o " 2S. o o ' 2�. Oo ' �3r9. Z 7' .Q .4ETU.P.v JOB 00'00" �0.00' 78.54' GOT �0 9 77'/9'.3/" So.do' 67srB' Gor7o r�� �0 23 �Z8 %7 " z048. S 42G"• �` to ' B3J. /9 ' GE.t/TEi4G /if/ /'2ro'36" c''O/6'. SO.pS' GOT 67 _3`3B'4/" .20/8• /ZB.40' GOT ...32 GOT/3 3�0/ :5'6" 20785 //0.00' GOT /4 Z�ZB=S/ 2078. -01 GOT/S zG'�'S/" 2078• �0.00' GGIT /6 2�z8'�Si" .�098• .90.00' GOT /7 7' 84'SS'i-�" ,ZS.00' 3705' iQ i4ETU�'if/ � 20 � �2 'QZ " S2,S• 36 9 6.00 ' /� v,J, 8/ " CE.vTEiS�G ///E GOT S�S3 ZO" �ss3� S7. 08 " GOT�3 /O /80�00'00" JO.00' /S90O' C�/G-I>E-S�4C 90�00'00" �5'0.00' 78•�S4' LOT 4 /96. 5O /zB. 90' 2ZB. /moo ' cE�/TE.2G/it/ /4ZZ',Z$" Z26.,SD Slo..92' LOT 8 cU4 0 �4fl.o/US T.4.c/�E.v' GE//�rf/ oEsc.4/.oTio.v GOT 60 GOT /2 286�/.S'.3B" _SO.00' 249.8/' CUG-of-s-9C �q "�.9 ' ss" So. oo • �2. 7�' G or BB /-� 2B!o'/S'38" 50. 00' 29_9.B/ Cri'G-OE-Sl4C //O � 90'-�3" SO.00' �9Co.g4' LOT4Q /7 /2rJ�06 39" /SO.ZS' .260•B2' �/�J`i CG%c/TE.QG/it/E /07�30'O.Z" /.20..25' c�2.S62' LOT 9B /8000'00" SO.00' /S"�O.i' GOT�38 S3O�'4�" �`0.00' �l0•�6' GOT �39 o _I I 6 * N / FRED L GLAIZE III Box 594 WINCNII:LTZK VIRGINIA 22001 November 129 1974 Mr. Robert Fletcher c/o DEPARMM OF PARTS AND FAMW►TION County of Frederick 9 Court Square Winchester, Virginia 22601 Dear Bobs Please find enclosed a cheek in the amount of $89110.00 for recreational impact funds on Frederiektome, Section II. These funds are an additional payment for proposed re -subdivision for the above section. very truly yours, Fred L. Glaize j III -- - -- _ - Encl.: check cc: Mr. James L. Bowman PWIII/srs THE PINES P. p. BOAC 598 WWC$E8TER., VMGnga ' 22601 ., .. November 12 # 1 .. se � s9 814 AY TO THE ,A<� 110.00 P;O R 1) E It 0 F County of Frederick w y Eight thousand one hundred ten and, 00/100v4= `- m, Psrmars and Merchants;i� , National Bank WINCH[OTtR. VIRGINIA - Fon additional recreational impact funds ®1:0 5 L41110 L 391 L-<.00 2 090go, RECEIVED SEP 2 7 1983 P . 0. Box 3200 The Potomac Edison Company Winchester, Virginia 22601 A Part of the Allegheny Power System September 26, 1983 Mr. John T. P. Horne, Director Dept. of Planning and Development 9 Court Square Winchester, Virginia 22601 Dear Mr. Horne, Re: Kevin Feik Lot #82 - The Pines Fredericktowne Subdiv. Stephens City, Va. This letter is to advise you that the underground easement across the rear of Lot #82 owned by Kevin Feik is hereby abandoned as indicated on the plat for said subdivision. The Company has an underground system extending across the Feik property for electric service to their residence, however, and we should be advised by Mr. Feik prior to his building a fence so we may locate the underground circuit to be sure no fence post would offer a problem. Very7r yours, J. E. Paugh, Supervisor tDifvision Engineering J EP/wlk cc: Mr. & Mrs. Kevin Feik 5267 Warren Ave. - The Pines Stephens City, Va. 22655 �rrberirk flonn#g Department of 1hanning ttnbt P-6elapmen# JOHN RILEY P. O. BOX 601 PLANNING DIRECTOR 9 COURT SQUARE JOHN T. P. HORNE WINCHESTER. VIRGINIA 22601 DEPUTY DIRECTOR M E M O R A N D U M TO: Board of Supervisors FROM: John R. Riley, Director SUBJECT: Secondary Road Additions DATE: June 18, 1981 Attached, please find requests for secondary road additions in Stonebrook Farms and Fredericktowne, Section II. The requests are as follows: Old Forest Circle, Stonebrook Farms, Section VIII Carroll Drive, Fredericktowne, Section II Warren Avenue, Fredericktowne, Section II - Each request will require seperate action. The staff has reviewed these requests with the Virginia Department of Highways and Transportation and recommends approval. If you have any requests reqarding these proposals, please do not hesitate to contact me prior to the board meeting. JRR/rsa 703/662-4532 REQUEST FOR SECONDARY ADDITION BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the Virginia Department of Highways and Transportation to accept into the secondary road system the following road in Fredericktowne, Section II in Opequon Magisterial District, pursuant to the provisions of Section 33.1 - 299 of the Code of Virginia, 1950, as amended: Carroll Drive from the intersectin with Brunswick Road to the cul-de-sac containing 350 feet. BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 413, Page 214, dated July 12, 1973 and, BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. v ;00 DOUGLAS B. FUGATE, COMMISSIONER MORRILL M. CROWE, RICHMOND, VA. LE ROY EAKIN, JR., MCLEAN,VA. EARL A. FITZPATRICK, ROANOKE, VA. THOMAS R. GLASS, LYNCHBURG, VA. LEONARD R. HALL, BRISTOL, VA. DOUGLAS G. JANNEY, FREDERICKSBURG, VA. ROBERT.S. LANDES, STAUNTON, VA. WILLIAM T. ROOS, YORKTOWN, VA. GomM0'. T H- VIRGINIq. DEPARTMENT OF HIGHWAYS 1221 EAST BROAD STREET Edinburg, Virginia 22824 May 13, 1974 Mr. J. 0. Renalds, III, County Administrator JOHN E. HARWOOD, DEPUTY COMMISSIONER & CHIEF ENGINEER W. S. G. BRITTON, DIRECTOR OF ADMINISTRATION A. K. HUNSBERGER, DIRECTOR OF ENGINEERING H. GORDON SLUNDON, DIRECTOR OF PROGRAMMING AND PLANNING J. M. WRAY, JR., DIRECTOR OF OPERATIONS IN REPLY PLEASE REFER TO MAY 14 1974 Frederick County 9 Court Square Winchester, Virginia 22601 Dear Mr. Renalds: At the request of Fredericktowne Company, I today reviewed the road work being completed is their Section II development. It appears that the road work and drainage system is being installed in accor- dance with plans. Ali culverts are in place and run off drainage systems have been cut. The road system, in my opinion, is 90 percent complete. What remains to be done is applying bituminous surface treatment, topsoiling and seeding, and final cleanup. I would estimate the cost of work yet to be done on the roads as not exceeding $30,000.00. I have been informed that Perry Engineering hopes to complete all work and have us make final inspection by June loth, 1974. lit these roads are properly maintained after completion, they will qualify for addition to the Secondary Highway System when sufficient occupied dwellings exist to constitute public service. A one (1) year bond guaranteeing workmanship and materiahs will be required at that time. As I mentioned in the beginning, this letter is being written at the request of Fredericktowne Company. If you should have any questions regarding statements herein, please do not hesitate to contact me. Your trul r C. in RCK/f at. Resi nt n inter Cy: Mr. John W. Chiles, Jr., Res. Engr. Mr. Steven Carnes, Fredericktowne Co., Box 358, Stephens City, Va. RECEIVED , I.o'Nr 1 2 10J81 FRLD L. GLAIZE III - - P. O. ROX 2598 WINCHESTER, VIRGINIA 22601 June 10, 1981 Mr. John Horne Deputy Director of Planning COUNTY OF FREDERICK 9 Court Square Winchester, VA 22601 Dear John: I hereby request that Carroll Drive and Warren Avenue, situated in Fredericktowne, Section II, be taken into the state highway system. In each instance, I am referring to the above streets for the portion extending from Brunswick Road. Mr. Reginald King, of the Highway Department, informed me that they have made their inspection. Would you proceed with whatever inspections are necessary with .your department? We wish this to come before the Board of Supervisors on June 24th. Your prompt attention will be most appreciated. With best regards, Sincerely, Fred L. Glaize, III FLG,III/sw copy to Mr. James L. Bowman REQUEST FOR SECONDARY ADDITION BE IT RESOLVED, That the Board of Supervisors of the County of Frederick, Virginia, does herein request the Virginia Department of Highways and Transportation to accept into the secondary road system the following road in Fredericktowne, Section II in Opequon Magisterial District, pursuant to the provisions of Section 33.1 - 299 of the Code of Virginia, 1950, as amended: Warren Avenue from the intersection with Brunswick Road to the cul-de-sac containing 300 feet. BE IT FURTHER RESOLVED, That this Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of sixty (60) feet with necessary easements for cuts, fills and drainage recorded in Deed Book 413, Page 214, dated July 12, 1973 and, BE IT FURTHER RESOLVED, That this request is contingent upon the posting of a proper and acceptable bond with the Virginia Department of Highways. FREDERICK COUNTY SANITATION AUTHORITY POST OFFICE BOX 618 S. ROGER KOONTZ. CHAIRMAN 9 COURT SQUARE W.ELLINGTON H. JONES. P.E. ENGINEER - DIRECTOR. JAMES ESON. VICE-CHAIRMAN WINCHESTER, VIRGINIA 22601 G. W. f3OR0RDEN. SEC.-TR@q9. JAMES H. DI£HL W ILLIAM A. MORRISON PHONE 703 - 667-0389 July 2, 1976 MEMORANDUM T O: County Administrator FM: Engineer -Director FCSA SUBJ: Fredericktowne Sect. II and IA The Authority has accepted the lines in the above referenced sections of Fredericktowne and the one year maintenance agreement has expired. Therefore, on behalf of the Authority you may release their bond. W.H. j6hes, P.E. , Engr-Dir. WHJ/tm A MA retie firldviune QIumpang Fast Office pax 358 ,%tp4*nf- CitV, Pir#11nis 7.265.5 May 9, 1974 Mr. .J. n. 'Ren-lds, TIT Cf]Ljntly ;Administrator Frederick COUntV 9 Court Squire LI i ri c 1--j P- s -'I, er , V I r gin 1- 7 77r n Dear Mr. Rnnalds: F11rst, mill thFink-s for the nrpri-Fed me vRqter&iV T contacted Don to inquire if the water and sewer system h.-,d been accepted the Sarilt-q-tion 111uthority. He said that the water rn-,7AnF--, 1-1,-.id peen pressure tested -nd wprr. hut 9 9,9rnDle of the water. should he sent to the Rt--it7 lahora!-,riry at Luray to he certain -11--hpt the rirtu--1 water in the lines nqs9ed drinking standards and th;?,'I no FILIrther clor7riFtion of the 1-ineF, was requ-I-red. Perry said the test WOLII.d he taken tndpiv and they would provide the -,u�,horltv with the test rC-,,rUI-t,2-,. As to qew-r 1.4nes Don said there had not peen 7 flln=,1. inspection, but that; the main thincl to be checked w-7--, any excess infi.ltr--ition and this, could he done b� ' i Inak-irin rat the flow at the last manhole leadinn to the pump ntz7ati-rin. !,,Ie checked this morning and there is no infiltration, but of course some representative of the Autf-inrity should he satisfied as to this. Ferry Ennineerinn intends to have Frndericktowne, Section TT and Section T-I� completed by June 10th and they will give Fre-dericktowne Company a one year warranty from completion date. of course, we will provide whatever form of one year warranty the Sanitation Authority may require. Page 2 Mr. J. O. ReneIdo, III By noon Friday I hope that you will be eb]g to give me the Bond figure which the County will require on vFrederioktomno«, Section IT and Section I -A, and we will proceed to post this bond in a form acceptable to the County. It in our desire and intention to comply with County ordinances and regulations and in the future we will attempt to anticipate what actions are required of us and comply in advance of any deadline dates. With thanks for your cooperation and with kind personal regards, I an FREDF,0ICKTOWNE COMPANY 'Jr / . SDC/pur FREDERICK COUNTY SANITATION AUTHORITY S. ROGER KOONTZ, CHAIRMAN JAMES ROBESON, VICE-CHAIRMAN G. W. BORDEN, Sec.-TREAS. JAMES H. DIEHL WILLIAM A. MORRISON MEMORANDUM POST OFFICE BOX 618 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 PHONE 703 - 667-0389 July 2, 1976 TO: County Administrator FM: Engineer -Director FCSA. SUBJ: Fredericktowne Sect. II and IA. The Authority has accepted the lines in the above referenced sections of Fredericktowne and the one year maintenance agreement has expired. Therefore, on behalf of the Authority you may release their bond. W. H. nes, F.E. , Engr-Dir. WHJ/tm WELLINGTON H. JONES. P.E. ENGINEER - DIRECTOR �xB�tExtt� ��uli� srarb of SupE �itSDx J. O. Rz m^LDs 111 9 CCAM SQi ARK couMTY ADMINISTRATOR November 19, 1973 WINCfdMM. 'V#*QI tA' 22Wt Fredericktowne Company P. 0. Box 358 StephensCity, Virginia 22655 Gentlemen: ;. Be advised that the Board of Supervisors at their Regular:' Meeting held November 14, 1973, took no action on the Final Plat of Fredericktowne Subdivision - Section 1-A pending receipt of final approval from the Department of Highways and Department of Health and submittal of construction plans for all improvements. In addition to the easement required by the Department of Highways, the Planning Commission recom- mended payment of $600.00 in 'lieu of the dedication of land ' for recreation. In addition to the approvals mentioned, we must also have plan and specification approval for water and sever construction from the Sanitation Authority, a performance` bond for the proposed improvements, a deed of dedication payment of ,a subdivision review fee of $31.00, and payment of the $60000 mentionedinthe first paragraph. With regard to the approved plat of Fredericktowne Subdivision - Section 2, be advised that I have directed the Building Inspector to issue no further building permits in that Section until such time as the $8,900.00 payment in lieu of dedication of recreation land is paid.: Should you have any questions or desire additional information, please contact me. Sincerely ;yours, J. 0. Renalds,'III County Administrator JOR:akk cc - Director of Inspections Director of Planning & Development' /�irector of Parks and Recreation Director, Sanitation Authority 7Q3 -' 067-2368 �a F°J ; Wanda G. Ricker i Found Pin o D.B.505, Pg.119 v LOT 83 'rrgs� Telephone Conn. 0° Basement Entrance 0 �`L�o3>rJ Found Pin Set Pin J3?23` Box I_ I Set Pin NIPS des Lots 82 & 8.3. _N09000'00"E - 157.76' Ililllllllll:;•; Kevin L. Feik D.B.503, Pg.745 I.0' Bri Lot 82 cli Wall N 4, 528 Original Lot 82 S too N D. B.440, Pg.746 i i 139 46' R E \• S09 00'00"W - 128.59' 85s i9 t � �P o a Fond p/n �t�//ty Ease mot NOTES I. Parcel "A" is to be conveyed by The Pines Association to Kevin L. Feik and is to become a part of Lot 82. 2. The original plat of this Subdivision is recorded at Deed Book 440, Page 746. 3. Lot 82 is now in the name of Kevin L Feik and a deed is recorded at Deed Book 5Q3,.Page 745. 4. Existing Utility and Access Easement.to be abandoned. 5. New Utility and Access Easement to run parallel to and 5 'feet on either side of existing.power wires. Common Area ' 1.1' 2nd Story Overhan 1, Found Pino 22,E 62' Encroachment 30.1' Common Area "B" Rest{5267 2 Story Brick Frame w/Bsm't Bow Window mnev • i LO 00 N -c,4 c -LIP 4J Gravel Pa o - N < I lc 0 Set Pin SJUBDI ]Slfory APPiROW7 r '60iV15l0N ADMINISTRATOR Property Line Adjustment Lot 82 of a resubdivision of a portion of Section 2 FREDERICKTOWNE Ope`quon District Frederick County, Virginia Scale:l -20' March 21, 1983 Ritchie Surveys Stephens City, Virginia Revised 9/28/83 e o y� Elliott Ritchie, Jr a LICENSE No t ho �unq O #1273 F'REDERICKTOWNE COMPANY ' TO : ; :: Dt',ED JAM.ES L . BOVUAN ET AL 19,658 3 THIS DEED, made and dated this 29th day of April, 1974, by and DJA:�nC ,t i 41/26,/74 ; between rREDERICKTOWNE COMPANY, a Virginia Corporation, party of the first 1 part and TAMES L. BOWMAN and FREDERICK DEVELOPMENT COMPANY, INC. , } a Virginia Corporation, PARTNERS, t/a The Pines, parties of the second part. i I W I T N E S S E T H; F.' For and in* consideration of the sum of Ten Dollars ($10.00) cash in hand paid by parties of the second part, unto party of the first part, and t other good and valuable consideration, the receipt of all of which is hereby 1 acknowledged, party of the first part does hereby GRANT, BARGAIN, SELL and t CONVEX, with General Warranty of title, unto parties of the second part, as specific partnership property, pursuant to Title 50, Code of Virginia, 1950, as amended, all of those certain lots of land, together with improvements thereon, j 4 situate in Opequon Magisterial District, Frederick County, Virginia, known as Lots No. 1. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22. 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 1 58, 5.9, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77711, 79, goy 41 � Qy t2Z fiA•� �� anc� r'6, ,' �hoY.T; if tF"' wi ii of DeJ11ca'- tion and Declaration of Plat for Fredericktowne Company, Section II, made and dated,the 12th day of July, 1973, of record in the Office of the Clerk of the j Circuit Court of Frederick County, Virginia, in Deed Book 413, Page 208; the !I amendment thereto, dated July 20, 1973, recorded in the aforesaid Clerk's 1 1 Office in Deed Book 413, Page 688 and the Amended and Supplemental Deed of Dedication made and dated the 22nd day of April, 1974, recorded in tho i aforesaid Clerk's Office in Deed Book , Page and being a f � portion of the property conveyed to Fredericktowne Company by Deed dated j March 8, 1972 from Robert K. Woltz, et ux, recorded in the aforesaid Clerk's I i Office in Deed Book 387, Page 485. RIP r�5 +t its !'r •�i tfS! +d �e. P, Y `45N ... �w�+r • p.• M. r �� r t. i ti rl. ;, � 1. •.,.1 � ^4k.�t �Y.',�1}� 4. !:`...: r} ��1t1�°��' � •. et, l�l�t Kitts �'i b; ..� �l ,t., :�. ;,-,# ., r ttr'. �'+ ,,. . i'['t. t•.-,;,.;. t',:,i� �- .. ;r;,. Vm � µ• t..bl. t� c. tz 4 r � j ' � ��� t°4"' •?;!k! .t _y,.. ��. r. '� Y ".�' "t, 5.. ,' ! •y," N i'jr ��.. ^i h i -,y ., rY ,.. ; y ,i�y ;,i a y>{,,r,la jf,tf• -Wid GE.-_y -F ;Z., s? y a'' - ,'t' ,t.:. 'fit«__) at`s. 'w •,...c I y ry„a:;y;. ''. ::: o•..� ' r �Lby�'s t?, r + ,, w 1•{ Y ,. >a:..iiis z y; ,+ r ih k !j »•. .," �,, y t - s.�F�,r w?!?t 1W Reference to the aforesaid deeds and to the Deed of Dedication and Declaration of Plat of Fredericktowne Company, Section II, and the references therein contained is made for a more accurate and complete descrip- tion of the property herein conveyed, together with all covenants and condi- tions connected with the aforesaid Plat. This conveyance is expressly made subject to all duly recordea and enforceable easements, restrictions and rights -of -way, and the restric- tions contained in the aforesaid. Deed of Dedication and Declaration of Plat and amendments thereto, are hereby incorporated by reference in this instru- ment as if fully set forth herein. The Grantor herein, pursuant to its authority in Paragraph 15 of the Deed of Dedication and Declaration of Plat dated july 12, 1973, herel)v grants and assigns to the Grantee herein the authority to erect single, rnulti- family or townhouse dwellings on any lots herein conveyed and waives the minimum square footage and dwelling width requirements of Paragraph 2 of tce aforesaid Deed of Dedication and Declaration of Plat in regard to any multi- family or townhouse dwellings erected on any lots conveyed hereby. Party of the first part covenants that it has good title to the land herein conveyed, that the same is free from liens and encumbrances, and that it will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals: iA-TTEST Secretary rREDERICKTOWNE COMPANY BySEAL) Prdsi ent "' r"'SEAL) -2- '� 1 1�. � ' > 1•�w �� of �, � � ,`�` �.� w ,`? � ri �� � 1 t t {' a-�� ]�t r n�i+ { I{�� hO s ;;aafyyf��{{.,. ,3:. -.l ��y� .17.+:,: .! ," , ' •fr ' ...a. ,� §}y�:..s .Y .air .4 - Vrat irw,. ,.,.. y'`µ1,1�", ,rR,: ;" .M? a..: .K�.. .•� Y, •d.p� •�(4r: :.n:r ,{�,` w„,iP: (J r•c :. y. .,'tr.:.,. 'bra t -% v ia� _'R ..,1• 'i °het,. i:', R• li ,# ! "�. �� t 7f .1 r: .i.. ?:I '� - :r ,:. ,,. `.:. ;� .„ , :. ,_ i•�( y+ ,tll ,. ." rf^j, .„r �`.5.; r , � �•. q .�r �y7 e, r. p. ,... r ,.°�, :: { �. , :.,. k ..":. ! } '; 2 .': ?�(. 2 !1� ,� , ry'!i i�'}J-.' 6nl y4 N I µ.ay y7 a � 1 • Y 41. ; ! i x :;M } , 't:� .t•, u � ,i ,t � *� {� �+ 1 i(i t'r , � "' � ;iAl ;1 :,I:: "" h t<:; �! �;R "Fi°' • { , �' i kl ,R *{WJ.:' - - tl�6��.�t�;��������t:'~�+`�N sj#4i't^�%.° ,. • , . . Y> . � .11�tiii: }�.�s,.s� r.0 f+,,,,}� Tw A STATE OF VIRGINIA UCLA A M 42W7 nu 582 4. or TO -WIT: a Notary Public in and I for the AAl d Robert Bass an State and aforesaid, hereby certify that Charles E. 5, respectively, of Fredericktowne President and Secretary, re S, Barbour, as Pros n �0 acknowledged Company, have this day personally appeared before me and .-N H 4 p �� {II+��� a� ,#, that they are the duly authorized officers of said corporation, that they have 1 I'AN g Deed, bearing date the 29th day of April, 1974, and that q7l signed the foregoin the seal affixed thereto is the official seal of said corporation, n under my hand this A_q±��daof April, 1974. Give y U M VJI., My Commission expires X A Notary Public . ..... . Pi: TIM SIP to IK I 1,3*334NLA FaMSMCK COUATY, SM s produced me on the T jis� qJwzAwg was X 7 19 Z_,',2�29M 9 of at Z ty* o dckaov-L�dgmrent thereto 4nnefqA was t j r r rl;t Lit A .54 have been paid, if a do--04bie-rl?� I,ti , and 5_-I. I N. it {.a{ Clerk. .... .. .... ...... 4 AV - i4 "I' N' 6; 51 NJ uf !i4 91f au 1Jf F F .1.1 trhl!, p r4 0 -3- WWI j; RIM T 414;"M i1;M_,F i �Z:r 104it" Am-! 1 3% :i P 4* Y w Y ..dFo.v r� . sass .art, i�f 93 •L � N �`� vf• M ♦II •^ ...s�•c.voo� .so.�..�o G• �i 'r�•ra.v� '.so %•s- /. ro.v M AF 0,. r, 14w.-I rOL./'Y To -!'Tds TI Iwlei�C6i W/.•'rAwlJ .drY v G Q OI yM.►-f/ �O/P T/OiC/ of OIECpIJC.t/ C.Ls•!. � iri�►EGL.4/�ii� CO., .rs-.rr-..•riso �...�.va `s+�.�rrYo.�r rt3 x ro 3 ro 3 a �q r q o lr�i} ., so FREDERICK COUNTY SANITATION AUTHORITY POST OFFICE BOX 618 S(AA 1�liQ1AXIN 9 COURT SQUARE S. ROGER KOONTZ. 17'Lalk)CHAIRMAN WINCHESTER, VIRGINIA 22601 T. G. ADAMS, SEC.-TREAS. JAMES H. DIEHL WILLIAM A. MORRISON PHONE 703 — 667-0389 May 17, 1974 MEMORANDUM TO: J. O. Renalds, III, County Administrator FM: . Frederick County Sanitation Authority SUBJECT: Sewer and Water Fredericktowne Sec. II ENGINEER - DIRECTOR Following a request by Perry Engineering Co, on May 16, 1974, a field check of the sewer and water facilities at Fredericktowne Section II proved acceptable to the Frederick County Sanitation Authority. Along with this, consideration was made that the above is guaranteed by Perry Engineering Co, for one year. ,r Dick Wood, Inspector R CW /tn4 ' A/I N /3000'00~W OM A P, 0mv, wzz' 0 A0 b JAsep tN a � t69eSV.q. Q tP94by./9! i St.LTH pF� Q � DOUGLAS C. LE E '. u CERTIFICATE N 1197 LAND \� O M O W m t\ b A 00 ! R A990song P38/soFf. OO te0/SaF1 � HY.3d R: 66 00 . Awag. DO' 24.00' $/3 UO E — 42.00 Z W W lu ! SURVEYORS -- -CERT/F/CArE / certify dwf me /oh S*om henna am a portloa of the land aaewyed to dares L. B WUM and Frederiat prrwbpsaat Cojwpaq, /ao., Pbrtaors, T/A "s Piaea, by deed doted 29 April /974 la Deed Boat 4&7 of Pope no and the 3414 square feet (arose-*afa*ed pwrml) /s o pad/" of the load ammpd-to MS00, /M. by deed doted ,Vane* Ps, 1977 fo `Vs d Boot 47P of Pope Z/. 0 , V-4 DOUBLAS C. LEVeE, C.L.S. /ND/CAFES 34/4, SQFT. TO m CONVEYED PWON -*$W, INC. M IWE PINES AND ADDED M AND M40E A PARTOF r//E MWNHOUSE LOTS ADJOSYNENt OF PROPERTY LINES LOTS m' 90,9/,.9P, A 93 7pNA#A7wE Sl swrlAN AF FREDWRICAWWNE SE'C.a AND ✓ASBO, INC. Opepaoa District, Fiederl4* Coasty, Vo. Sirptember i�/, /979 Appro r • d j Fredsr/art Cooafy Board of Soperr/sort . RENALDS ///, CWNTY AQV/N/67RA7i/R Dote y • LAND R, / GO ® porlion of 10futillty W"monf Jobe obondon pot Of o pomon of ✓ASBO LAND Opepuon District, — Frederic* Counly, Virginia scale / _ .30• G:Xbe' 29,079 propored by GR££NWAr £IVGlt E£R:As A SLR✓£r%NG CO. PC po. Box 666 Winchee/vr, voyJnio APPROVED: F rick ty Board of Supervis(r strator AND Z l'oo o (;AI14 E i /ram ® Portion of 10111ti/it), 605& nenl to be obondon pot of o porhnn of ✓ASBO LAND Opequon Dislrh7l, — Frederick Conn//, Virginio scole / = 30' abbe' 29, 879 Pr.Po,sd bt' • GREEA10AY ENGINEERING A S;/RVEYING CO 'o'6C P.O. Evi 669 Winchester, VNYlnb - OVED: erick County Board of Supervisor: John R. Riley - Date Subdivision administrator • 705 a N /3 a 00'00"W b C. dASBOt 7" ICERTIFICATE ,y�C E �,.yO`'�,� SURVEYORS CERTIFICATE / cerJ//y hoot the lot* shown heron ors a partial of the land conveyed /0 ✓amss L. Bow"m and Frederiat Dereb/newt Cos7peq, /ao., Pgrtaeri, c c: 517• mi 705 JASgor INC. i.L.C.l1� INDICAres 3414 Sa F?: ro BE CONVEYED FRoAr MSWO, INC. 70 THE PINES AND ADDED TO AND MADE A PARTOF THE 7Ow•NNOUSE LOrs ADJUSTMENT OF PROPERTY LINES LOTS CS, 90, 9/, 92, B 93 70MMMISE SUBSEVT/GW OF FREDER/CKMWNE SEC ?Z AND ✓ASBO, /NC. Opequos Dletricl, Fred0rlck Cous/y, Va. T/A 'The Pines, by dsed doled 29 Aprl/ /974 Scales / 25. In Deed Boat 427 of Page 6VO and the 34/4 S�plember2/, /979 square feet (crone-hatohed parcel) /s o port/o* i of the land con vit+d to ✓ASBO, Mo. by dsed doted Moro* Pe, /977 /n Deed Book 472 of Pope 2/. ApproYed+ DOOOLA C. LE60E, C.L.S. irreder/ak County Board of Supsrvlsors '1 4CO. RENALDS ///, COUNTY A4WN/STRAi5R 79 I W x THIS DEED, made and dated this 5th day of March, 1981, by and between Jasbo, Inc. , a Virginia Corporation, party of the first part; and Stephen D. Carnes, Jr. , party of the second part; and The Pines Association, Inc., a Virginia Corporation, party of the third part. WHEREAS, Jasbo, Inc., is the owner of certain real estate located in Opequon Magisterial District, Frederick County, Virginia, adjoining Lots 86, 90, 91, 92 and 93 of Fredericktowne Subdivision, Section II (Townhouse Subsection) as shown on the plat of said lots in Deed Book 517, Page 705. WHEREAS, it was the intention of Jasbo, Inc., to convey to James L. Bowman and Frederick Development Company, Inc., partners, t/a The Pines, all of the real estate contained in the attached plat along the lines indicated as S 27' 32' 18" E 225.59 feet thence, N 62• 15' 18" W 96.16 feet, thence N 7' 2' 54" W 156.45 feet to the point intersecting with the beginning of the first boundary line set forth, and being all of the area contained within the area of a utility easement and Common Areas as set forth in the attached plat; and WHEREAS, Jasbo, Inc., by deed dated January 11, 1980, in Deed Book 517, Page 702 in the Office ofthe Clerk of the Circuit Court, of Frederick County, Virginia, conveyed the areas of Lot 86, 90, 91, 92, and 93 of Fredericktowne Subdivision, Section II (Townhouse Subsection) which lies to the West of the boundary line indicated as S 27 ° 32' 18" E, as shown on the attached plat to James L. Bowman and Frederick Develop- ment Company, Inc., partners, t/a ' The Pines,_ which property was subsequently conveyed to Stephen D. Carnes, Jr., by deed dated January 11, 1980, of record in Book 517, Page 823 in the aforementioned Clerk's Office; and WHEREAS, it was the intention of Jasbo, Inc., to convey all of l the area shown on the. attached plat to The Pines and the intention of The Pines to convey all of that property to Stephen D. Carnes, Jr. , ; and WHEREAS, it was the intention of Stephen D. Carnes, Jr., to convey the areas West of S 27' 32' 18" E, lying outside of the lot lines of Lots 86, 90, 91, 92, and 93 as shown on the above mentioned plat, to The Pines Association, Inc., as common area designated as "Common Area B". NOW, THEREFORE, THIS DEED, WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt of all of which is hereby acknowledged, Jasbo, Inc., does hereby grant, sell and convey with General Warranty and Eng- lish Covenants of Title unto The Pines Association, Inc., all of the real estate shown on the attached plat of Greenway Engineering and Surveying Company, Inc., dated October 29, 1979, and described as follows: Beginning at a pole at Jasbo's corner to Avery and pioceeding thence S 27' 32' 18" E 225.59 feet to a pole at Jasbo's corner to the Cain land, thence N 62' 15' 18" W 96. 16 feet and thence N 7' 2' 54" W 156.45 feet to the point of beginning, said area being designated on the attached plat as "Com- mon Area B", excluding therefrom all of the above described area shown as a part of Lots 86, 90, 91, 92, and 93. Stephen D. Carnes, Jr., joins in this conveyance for purposes of indicating his assent and agreement to a direct conveyance from Jasbo, l Inc., to The Pines Association, Inc. WITNESS the following signatures and seals: JA SBO, INC. ISM& te6hen D. CairWsJ Jr. ., , STA TE OF VIRGINIA -efT'r/COUNTY of �jU�,u � to -wit: I, ,a , a Notary Public in and for the and State aforesaid, do hereby certify that p f�RYltj�,�i whose name is signed as of Jasbo, Inc., is signed to the foregoing writing bearing date the 5th day of March, 1981, personally appeared before me this day in my said jurisdiction, in the name and on behalf of the said corporation, and ackno)}v- ledged the said writing as the act and deed of the said corporation, and made oath that he/s-he is ��.U� of the said corpor- ation. Given under my hand this 10 day of 1981 My commission expires i_Ii — . Notary• STATE OF VIRGINIA COUNTY of to -wit: a Notary Public in and for the jursidiction aforesaid, in the State of Virginia, do hereby certify that Stephen D. Carnes, Jr., whose name is signed to the foregoing writing, bearing date the 5th day of March, 1981, has personally appeared before me and aaRnowledged the same on this date in my jurisdiction and State aforesaid. Given under my hand this L day of 1981. My commission expires ( /�, 1,99'U 0tary Public f NON NIEGOTIABLE Or1,Q0 CERTIFICATE OF DEPOSIT 0 8973 FARMERS AID MERCHANTS NATIONAL RARX Taxpayers 'No. - 54-0846163 Winchester , VIRGINIA DateMay 17, 1g74 THIS BANK CERTIFIES that there has been deposited with itand, five hundred and no/101 DoLL.uxs which will be paid toJ. 0. Anal s TTT, 'Escrow Agent for Fredpri rktntma rn on the terms contained herein. Such amount will be repaid 12 months after date, upon the return of this certificate properly endorsed, except that unless the bank receives lb days prior written notice before the end of the original term, this certificate ssi.all automatically be considered renewed for successive periods of 12_ months on the same terms as are contained. herein with respect to the first 1 months. Interest at the rate of 6 _PER CENT per annum will be paid at the end of each 3 month period from date of issue by mailed remittance to payee.This bank reserves the right to terminate or alter the terms of this certificate at the end of the original or any subsequent period by giving written notice 30 days prior to the end of any such period. This certificate is not subject to check, and is not transferable or assignable except to this bank. This certificate is subject to the rules and regulations of the Federal Reserve Board, Comptroller of the Currency, and Farmers and Merchants Nation- al Bans. AUTHORIZED SIGNATURE NON NEGOTIABLE 22, 500.00 CERTIFICATE OF DEPOSIT N�a 8972 FARMERS AIAO MEROHAIVS NATIONAL OANX Taxpayers No. 54-0846163 Winchester__, VIRGI3' U Date__�ia� 17,3_�74 THIS BANK CERTIFIES that there has been Ielposited with it Twenty --two thousand, five hundred & no%100 DoLL..,,Rs which will be paid to pane Cnznpan3r on the terms contained herein. Such amount will be repaid 12 months after date, upon the return of this certificate properly endorsed, except that unless the bank receives 15 days prior written notice before the end of the original term, this certificate shall automatically be considered renewed for successive periods of 12 months on the same terms as are contained herein with respect to the first 3 2----months, Interest at the rate of 6 PER CENT per annum will be paid at the end of each 3month period from date of issue by mailed remittance to payee.This bank reserves the right to terminate or alter the terms of this certificate at the end of the original or any subsequent period by giving written notice 30 days prior to the end of any such period. This certificate is not subject to check, and is not transferable or assignable except to this bank. This certificate is subject to the rules and regulations of the Federal Reserve Board, Comptroller of the Currency, and Farmers and Merchants Nation- al Bank. (� AUTHORIZED SIGNATURE 100 Mal", No.014286 FARMERS AND MERCHANTS NATIONAL BANK - WINCHESTER9 ' VIRGINIA : - - e8-139i514. REMITTER - C.D.# 8972. June 25 -19 74 PAX TO THE ORDER OF J. O • Renate,- III Escrow Agent for Fredericktown Co,, $ 22.500.00 Iwo 11111 DOLLARS -AUTHORIZED SIGNATURE CASHIER'S CHECK Y,4NOW ALL MEN BY THESE PRESENTS, THAT Fredericktowne Company, P. O. Box 3.58, Stephens City, Virginia 22655 hereinafter called the Principal, and Republic Insurance Company hereinafter called the Surety, are held and firmly bound unto the Board of County Supervisors of Frederick County, Virginia hereinafter called the Obligee, in the full and just sum of Forty-five thousand - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 45,000.00 ), lawful money of the United States, to which payment will and truly to be made, the Principal and Surety bind themselves and their heirs, personal representatives, assigns, and other successors in interest, jointly and severally, firmly by these presents: WHEREAS, Principal has executed the foregoing agreement, and WHEREAS, both Principal and Surety desire to guarantee to the Obligee, performance of all of the provisions of the foregoing agreement, WHEREAS, the Co -Principals have a beneficial interest in said project, NOW, THEREFORE, the condition of this obligation and bond is such that if the Principal and/or Surety shall perform all of the provisions of the foregoing agreement which is incorporated herein by this reference, then the obligation of this bond is to be void and of no effect; otherwise, it is to remain in full force and effect. Provided, that in no event shall the liability of the Surety hereunder exceed the penal sum of this bonds and Further provided that the Surety, by execution hereof, expressly waives any right he, they or it may have to review and approve any revisions to the plans, profiles and specifications referred to in the agreement. In witness of all of which the Principal and Surety have hereunto set their hands and seals this X7= day of June , 19 74 . 21st 14 PRI NCI PAL Thomas J. .Kee./ t t - RS-109 (4-73) Notary Public, State cNC�v Verx No.24-2928260 Quaffied in Kings county Commission "pines Mardi 30,1974 REPUBLIC INSURANCECOMPANY Eastern Department: 129 FULTON STREET, NEW YORK, N.Y. 10038 FINANCIAL STATEMENT DECEMBER.31, 1973 ASSETS 1973 LIABILITIES, RESERVES AND CAPITAL FUNDS Cash ............................................... 1,182,055 Bonds, at mortized cost (Schedule I): United States Government ......................... 5,997,339 Other bonds. ................................. 53,615,660 Commercial notes .............................. 800 000 Total Bonds ...................... .......... 60,412-, Investments in stocks other than stocks of affiliates (Schedule 11):' Preferred stocks, at market ....................... i2,983,819 Common stocks, at market ....................... 29,540,560 Savings and loan association shares, at cost ..................................... 339,000 Total stocks ............................... 42, 863,379 Investments in stocks of affiliates at under- lying book value (Schedule II) ....................... 34,667,866 Liabilities: Reserve for losses ................................. 26.658,247 Reserve for loss adjustment expenses ................. 3,654,156 Unearned premium reserve (Schedule VI1)............ 94,359,893 Taxes, other than Federal income taxes .............. 988,800 Dividends payaole to shareholders .................. 800,000 Other liabilities .................................. 6,908,017 Payable to affiliates ............................... 0 Federal income tax :.............................. 934,178 Statutory reserves: Excess of statutory reserves over loss and 544 loss expense reserves......: ..................... Reinsurance in companies not licensed 326 inTexas ...................................... — Total liabilities...............................134,304,161 Capital shares and surplus: Capital shares: Preferred stock, $100 par value per share. Authorized 200,000 shares, issued 150,000shares ............................... 12,000,000 Common stock, $S par value per share. Authorized 200,000 shares, issued Agents' balances and reinsurance balances —net ........ 30,710,201 Authorized 2,000.000 shares, issued 1,000,000 shares .............................. 5,000,000 Premium notes, less unearned interest ................. 10,666,131 Paid -in surplus ................................ 977,5.72 Retained earnings ................................ 20,796,005 Real estate, at cost less accumulated depreciation Excess (deficiency) of market value of of 576,172..................................... 1,493,613 stocks over cost, other than stocks of affiliates .................................. 6,283,921 Other assets ....................................... 1,424,648 Excess of underlying book value of stocks Receivable from affiliates ............................ 3,033,968 of affiliates over cost .......................... Total capital shares and surplus............... 7 093 201 52,150,699 186,454,860 186,454,860 Note: All securities are carried in accordance with the requirements of the National Association of Insurance Commissioners as follows: eligible bonds at amortized values; stocks of associated insurance companies at pro rats share of capital and surplus; all other securities at quotations prescribed by the Association. BE IT REMEMBERED, that at a regular meeting of the Board of Directors of Republic Insurance Company, duly called and held at the office of the Company in the City of Dallas, Texas, on the 28th day of February, 1%7, a quorum being present, the following By -Laws was duly adopted to become effective February 28, 1967: ARTICLE XI — APPOINTMENT OF ATTORNEYS -IN -FACT Appointment of Attorney -in -Fact. The President, or any executive Vice President, may from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings, and other obligatory instruments of like nature. Such attorney -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President, or any Executive Vice President, or the Board of Directors, may at any time revoke all power and authoritypreviously given to any attorney4n-fact. STATE OF NEW YORK SS. COUNTY OF NEW YORK George J. McGovern Attorney —in —Fact ,being duly sworn, deposes and says: I am of the Republic Insurance Company, I have compared the foregoing By -Law with the original thereof, as recorded in the Minute Book of the said Company, and do hereby certify that the same is a correct and true transcript therefrom and of the whole Article XI, of said original By -Law and that the same is now in full force and effect. Pursuant to said By -Law, George J. McGovern, Thomas J. Keenan, James N. Heiskell, Ralph L. Price, and Marlin F. Perry were duly appointed Attorneys -in -Fact of this Company without limitation as to amount of bond executed and that said appointment is now in effect. The above is a true statement of the. assets and liabilities of said Company at the close of business December 31,1973 taken from the books and records of said Company and is prepared in accordance with the statements on file with the Insurance Department of the. State of New York. The Superintendent of Insurance of the State of New York has, pursuant to Section 327 of the New York Ins nce (Chapter 882 of the Laws of 1939 of the State of New York, constituting Chapter 28 of the Consolidated Laws of the State o Y k, as ame ded) issued to the Republic Insurance Company his certificate that said Company is qualified to become and be accepted su y to grantor n all b s, undertakings and other obligations or guarantees, as provided in the Insurance Law of the State of New Yor a al�ws amends rq theeand supplementary thereto; and that such certificate has not been revoked. // V ow rn rore me rms oay or 17 {� p.+f'l _(Ai A. JAhiES �� Yoiary t'ublio, State Of NewYtic STAT OF NEW YORK 0.24-2928260 ss. Qualified in rings Count'! COUNTY OF NEW Y 2 K June Comtniss+onex iresMarch30. "4 74 On t *s day of 19 , before me personally Thomas J. Keenan to me known, who being by me duly sworn, did depose and say that he resides in that he is an attorney -in -fact of the Republic Insurance Compa y, the corporation described in, and which executed, the foregoing instrument; that he knows the corporate seal 'd corporation; that seal xed to the foregoing instrument is such corporate seal; that it was affixed thereto by the order of the Boar of ors of said co rati n a d that he signed his name thereto, as attorney -in -fact, by like order and authority. Notary Public. RS-109 (4-73) P;,t:a_"A _ - Jr� E-3 Notary Public, State ci N eriN i cxx No.24-29282160 Qualified in Kings County r , Commission expires March 30,19A t r T V AOOIlOM i JOHNSTON ATTON.At AT LAW JAMES L.-BOWMAN, ET AL -- T/A THE PINES TO: AMENDED' DEED OF -DEDICATION & PLAT GEORGE•W. RAMPEY, ET AL Boor. 41.0 ix! 7463 THIS AMENDED DEED OF DEDICATION AND PLAT, made this lot day of January, 1975, by and between James L. Bowman and Frederick Development Company, Inc., partners T/A The Pines, of the first part, hereinafter called the Grantors; George W. Rampey and Martha Sue Rampey, his wife, and Fredericktowne Company, a Virginia corporation, of the second part, hereinafter called Other Landowners; and Henry H. Whiting, Sole Acting Trustee, David J. Andre', Sole Acting Trustee, and Old Dominion Savings and Loan Association; Beneficiary. WHEREAS, the Grantors are owners of all lots in Frederick- towne Section Two except Lots No. 87 through 89; and, WHEREAS, Other Landowners are owners of said Lots 87 through 89; and, WHEREAS, the remaining parties are respective Trustees and Beneficiary of deeds of trust upon various portions of the above referenced property; and, WHEREAS, the lots in Section Two of Fredericktowne are subject to a Deed of Dedication and Declaration of Plat dated July 12, 1973 recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 413, at Page 208 and amended by instruments recorded in said Clerk's Office in Deed Book 413, at Page 688 and in Deed Book 427, at Page 555 and in Deed Book 438, at Page 84; and, WHEREAS, pursuant to Paragraph 15 of the original Deed of Dedication and amendments thereto and pursuant to the authority granted by Fredericktowne Company in their deed of conveyance to the Grantors, dated April 29, 1974, the Grantors plan to resubdi Original Lots 33 through 53 and Lots 74 through 86 of said Secti Two of Fredericktowne, to remove all conditions and restrictions against said resubdivided lots, to place new conditions and de f r O IV560/2- Lof /2 i VARIANCE GRANTED SCALE 30 NO o o. Lof /3 April 26, 1974 Resubd/vislon of Lots 87and 8 FREDERICKTOWNE SU8D. Section 2 OPEGUON D/SMICT, FREDERICA' C,01 VIRG/N/A J. O. RENALDS III COUNTY ADMINISTRATOR Fredericktowne P. 0. Box 358 Stephens City, Gentlemen: 30uttrb of'Superllisars May 10, 1974 Company Virginia 22655 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 Attached please find a breakdown on the total bond requirement for Fredericktowne, Section II in the amount of $216,090.00. The figure of $216,090.00 is our total estimated construction cost for all improvements in Fredericktowne, Section II. The amount of $108,884.00 for streets may be reduced to 20% of that figure at such time as the Highway Department renders a final inspection of these streets. Should you see fit not to apply final surface treatment, double prime and seal to the roads at this time, after inspection by the Highway Department, the bond for streets would be 20% of $108,884.00 plus the amount estimated by the Highway Department necessary to complete the roads to their standards. The final 20% of bond on streets may be released at the time the Highway Department assigns a state route number to these streets. The total amount for water and sewer of $107,206 may be reduced to 20% of that figure at such time as the Frederick County Sanitation Authority renders a satisfactory final inspection on the water and sewer facilities in Section II. Twenty percent of $107,206 will be retained for a one year period from final inspection to cover any incidental maintenance costs involved during the first year's existence of the water and sewer facilities. Should you have any questions, please contact me. Sincerely yours, (� j 0. Renalds, III County Administrator JOR:akk Enclosure 703 — 667-2385 r r CONSTRUCTION ESTIMATE FREDERICKTOWNE - SECTION II STREETS: 6333 feet at $12 per foot $ 75,984.00 Drainage Ditches 18,500.00 Culverts 14,400.00 Subtotal Streets $108,884.00 WATER AND SEWER: 5,826 feet 8" sewer at $8.50 $ 49,420.00 160 v. f. 4' dia. M.H. at $60.00 9,600.00 6,142 feet 6" water at $6.50 39,923.00 5 each fire hydrant Assy. at $600 3,000.00 Crosses, tees and bends at .50 per lb. 763.00 17 each 6" valves at $200 3,400.00 1 each 14" x 6" Tapping Tee and Valve 1,000.00 Subtotal Water and Sewer $107,206.00 Total Bond $216,090.00 1 1 � G 7 J ) lJ 1 � • _- --A Stoop � 5 i P�ti wa11 v 1� •� 40• i— Pay tY. , .. c"Lb9c,k a W ��- = � Re St ,of 16r T c y. LO ViO .ctlb a �• o o I \ Yt tTSe 77 \Pole Common _,o otn`not` Are" F- ft NOIL1) :s to be converea by Its'. Pj Ic ict ion to Lester B. i+ P'-�' w i to G_ rt of Lot b6. ei "B" is to be conveyea by Lester b. w Pines Association and is to t,c•cor.2 p, rt c. ion Area "B". Pranerty Line Adjustment Lot 06 s,,-� Y' of a Resuu(Iivi�inn of a portion of Sectinn t,,%, , Z,,, ;���' �"c F R E 0 E R I CKTOWNE m,: 6�� n 'r, n�(o >ss� ,. / O� ���% 0 p e Ilion District �'F 6•;; \ / y rr` F r e d e r ick County. Vi ra,ini a E. ili,,tt Ritchie, Jr� S c if I e. 1 - 2 0 M a y 1 3. 1 9 0 1 96• �6i '� �`� Ritchie Gnkhale Associates �, \q A LICENSErgo Stenllens City. V I f Iflia u R\J _4 rz ;:' 3 F�'.' .r',,..�:r. _- --._.,•us.:..as......_....................._ _._. _ w.,d _awn.-_,. ..__._�.wa......,.,.•...Ya� a a•. ._`wva.+.o- ru....�..._..... ,. _..,. .., i:� _. ... .,e..�wr �� �.. a..^«x.M .. ., . 51- L-ndl dtV916 746 68 JAWS L . ' BOWNLAIIT, ET AL T/A THE PIItTES TO: AMENDED -DEED OF•DEDICATION & PLAT GEORGE•W. RAMPEY, ET AL all Boot 4,4 ;apt ! �r THIS AMENDED DEED OF DEDICATION AND PLAT, made this 1st day of January, 1975, by and between James L. Bowman and Frederick Development Company, Inc., partners T/A The Pines, of the first part, hereinafter called the Grantors; George W. Rampey and Martha Sue Rampey, his wife, and Fredericktowne Company, a Virginia corporation, of the second part, hereinafter called Other Landowners; and Henry H. Whiting, Sole Acting Trustee, David J. Andre', Sole Acting Trustee, and Old Dominion Savings and Loan Association; Beneficiary. WHEREAS, the Grantors are owners of all lots in Frederick- towne Section Two except Lots No. 87 through 89; and, WHEREAS, Other Landowners are owners of said Lots 87 through 89; and, WHEREAS, the remaining parties are respective Trustees and Beneficiary of deeds of trust upon various portions of the above referenced property; and, WHEREAS, the lots in Section Two of Fredericktowne are subject to a Deed of Dedication and Declaration of Plat dated July 12, 1973 recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 413, at Page 208 and t amended by instruments recorded in said Clerk's Office in Deed Book 413, at Page 688 and in Deed Book 427, at Page 555 and in Deed Book 438, at Page 84; and, WHEREAS, pursuant to Paragraph 15 of the original Deed of Dedication and amendments thereto and pursuant to the authority granted by Fredericktowne Company in their deed of conveyance to the Grantors, dated April 29, 1974, the Grantors plan to resubdiv: Original Lots 33 through 53 and Lots 74 through 86 of said Sectioi Two of Fredericktowrle, to remove all conditions and restrictions HARRISON i JOMM[TON •TTO..,T■ AT LAW .. against said resubdivided lots, to place new conditions and f • de 747 1 HARNISOM A JONM{TOM ATTOR.%TA AT LAW •INCAIATIA. V146101A 3GCr 4�C i'au ! 47 restrictions against said resubdivided lots and to recite in con- solidated form the conditions and restrictions against the other lots in said Section Two; and, WHEREAS, it is the desire of all the parties hereto, who are the only parties having an interest in the real estate consisting of Section Two of Fredericktowne, to effect the changes set forth, in the paragraph immediately above. NOW, THEREFORE, THIS AMENDED DEED OF DEDICATION AND DECLARATION OF PLAT, WITNESSETH: That for valuable consideration the Grantors, with the consent of the other parties hereto, do hereby resubdivide Original Lots 33 through 53 and Lots 74 throug 86 of Section Two of Fredericktowne as shown on the plats of Thomas C. Glass, C.L.S., attached hereto and by this reference ma. a part hereof, said lots being subdivided into lots now numbered 33 through 53, 74 through 86, 90 through 169 and 171 through 222 (hereinafter referred to as "Townhouse Subsection Lots") and into Common Areas "A", "B" and "C", as shown on the attached plats. The resubdivision of the said Original Lots 33 through 53 and 74 through 86 is with the free consent and in accordance with the desires of the Grantors herein and all of the other parties heret The platted land is just East of Interstate 81 and just North of State Route 277 and is a portion of the property conveyed to Grantors by deed dated April 29, 1974 and recorded in Deed Book 427, at Page 580. The Grantors and the other landowners, with the consent of the other parties hereto, do hereby remove and vacate all the conditions and restrictions placed against all lots in Section Two of Fredericktowne as set forth in the aforementioned Deed of Dedication and the amendments thereto and do subject all lots in said Section Two (being Lots 1 through 169 and 171 through 222) to the following covenants and restrictions which shall be - 2 - 748 MAMMON A JOHNSTON Anoutrt AT ►AW •IACM[SVII. T1�,11111 sov 44-C' gas+: 748 considered covenants real and running with the land and shall be binding upon and inure to the benefit of the Grantors and other landowners and all subsequent owners of said lots: 1. Lots 1 through 32, 54 through 73 and 87 through 89 shall be used for single family dwellings only. The Townhouse Sub- section Lots shall be used for single family townhouses, one (1) per lot. No lot shall be used except for residential purposes except that the occupant of a dwelling house may use same for a secondary occupation provided no one other than members of the family residing in said dwelling are employed in the business and provided no signs or other displays in regard to said business are in view of the general public. 2. No signs or advertising of any nature shall be erected or maintained on any lot, except for sale or rental signs for said lot, not to exceed six (6) square feet in area. 3. No lot shall at any time be subdivided unless the resulting lots are larger than the lot subdivided. 4. No fence, hedge or other visual barrier shall be erected in the front yard of any lot; fencing of back yards may include side yards to a limit of one-half (1/2) of the depth of each dwelling. All such barriers must be kept in good repair. All chain link fences must be of the green vinyl type. 5. No owner of any lot shall interfere with the natural drainage of surface water from such lot to the detriment of any other lot. 6. Each dwelling must be connnected to a water system and to a sewer system approved by the Lord Fairfax Health District. 7. No boats, mobile homes, motor homes., campers,,bu"s, trailers of any kind, tractors, trucks nor commercial vehicles, other than automobiles, motorcycles and pick-up trucks, shall be permitted on any lot except during the course of con- - 3 - 7� NANAI{ON A JOHNSTON ATTOOMM AT LAW •VIRLNtATIA. TI44I0IA y c4,10 ry 4 struction or addition to buildings unless they are housed in a car port or garage. No motor vehicle which does not have a current license plate and a current Virginia Inspection Sticker shall be permitted on any lot. 1 8. No animals, livestock or poultry of any kind shall be raised or kept on any lot except that dogs, cats and other house- hold pets may be kept provided that they are not kept, bred or maintained for commercial purposes. 9. All lots, improved or unimproved, shall be kept free of undergrowth, brush, trash and debris. Trash, garbage or other waste shall not be kept except in sanitary containers. No refuse or any container for same shall be placed or stored in front of any house, except on the date of garbage pick up. 10. Lots 1 through 32, 54 through-73 and 87 through 89 shall be subject to the following additional covenants and restrictions (a). No buildings shall be erected on any of said lots which shall contain less than 1,200 square feet floor area for a single story building, nor 750 square feet floor area for a multiple story dwelling and such structures facing street must be at least 25 feet wide. Such area shall be exclusive of porches patios, carports, basements and attics. All out buildings shall be attached to the main structure. Each building shall be com- pleted within eighteen (18) months from the date of commencement. (b) No structure including covered porches or patios shall be less than thirty-five (35) feet from any street. The minimum side yard for each structure shall be ten (10) . feet with the width of both side yards a minimum of twenty- five (25) feet. Each main structure shall have a rear yard with a depth of at least thirty-five (35) feet. No driveway shall be less than eight (8) feet from any side lot line. - 4 - M 750 0 HARRISON : JOWKS'OM II A"ORrnR tl LAB mtrtrttr. ruuru SOCK 440 6r,t 750* TOWNHOUSE SUBSECTION 11. The Townhouse Subsection Lots shall be subject to the following additional covenants, restrictions, easements and lieris: (a) No building, structure, alteration, addition or improvement of character, other than interior alterations � any shall be constructed upon any lot nor any exterior painting done unless a plan of such construction, including quality of workman- ship, design, colors.and materials, shall have been approved by the Board of Directors of The Pines Association Inc. (hereinafter referred to as The Association) as being in harmony with the whol Townhouse Subsection, especially the adjoining townhouses. (b) No roof top antennas shall be erected or permitted higher than ten (10) feet above the square of the building. No exterior clothesline or hanging device shall be allowed upon Any lot except for an umbrella type with a diameter not exceeding seven (7) feet, provided same is located in the rear of the lots. (c) In the event a townhouse is destroyed, the owner thereof shall begin construction within a reasonable time or clear away the remaining portion of the townhouse and maintain the lot in a neat and orderly condition. If the owner fails to perform such clearance or maintenance, The Association shall perform same and the expenses thereof shall be added to the annual assessment against the particular lot. (d) In the event a townhouse is destroyed, no structure other than a townhouse of the same dimensions and similar architecture shall be constructed in the place of the original structure. , (e) The general rules of law regarding party walls an liability for property damages due to negligence or wilful acts - 5 - (jl BGGK 4 40 ,nE 7 i or omissions shall apply. The cost of reasonable repair and maintenance of a party wall shall be shared by the two adjoining landowners, except to the extent the wall is not of use to one }+ of the owners. If a party wall is destroyed or damaged by fire ` or other casualty, any owner who has use of the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the cost of the restoration thereof in pro- portion to such use without prejudice, however, to the right of any such owners to call for a larger contribution from the others) under any rule of law regarding liability for negligence or for wilful acts or omissions. (f) No noxious or offensive activities shall be carrie� on upon any such lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood (g) Each lot owner shall have the right of ingress and egress from his lot to a State maintained road across the area marked "Common Area". Each lot owner shall have the right to i park within the area constructed for parking which lies immediately i adjacent and in front of his lot. Each lot owner shall have the j right to use the area marked "Twenty Foot Easement" on the attached f plat for the purpose of ingress and egress to his lot. No structure i or planting shall be placed in the "Twenty Foot Easement" which will interfere or impede the use of same for utilities or ingress and egress. (h) The Grantors reserve unto themselves and their assigns, the right to erect, maintain, operate and replace under- ground and above ground telephone and electric light conduits, related equipment and other facilities, sewer, gas, water and television lines and related equipment and other utility equipment where such utility lines and equipment are now located and on, HAAAISCH A JOHNSTON ATTUAA[T/ AT ILA, over and under that strip of land marked on the attached plat as ' •IMIGMI{TI.. t1AA1■IA "Twenty Foot Easement" and on, over and under that area of land marked on the attached plat as "Common Area A", "Common Area B", - 6 - 752 BOOK 410 DACE 752: and "Common Area C", the right.of,ingress and egress thereto and the right to grant easements or rights of way therefor. (i) WHEREAS, the Grantors have created a non -stock corporation called The Pines Association Inc., to which the Grantors plan to convey the property described on the attached plat as .Common Areas A, B and C and the operation of which shall be subject to the following conditions: (1) Every person or entity who is a record owner of a fee or undivided fee interest in any lot in the Townhouse Subsection of Section Two of Frederirktowne Subdivision shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot. Ownership of such lot shall be the sole and contil qualification for membership. (2) Each member shall have one (1) vote for each lot owned by that member in said Townhouse Subsection. If a member has less than a full interest in a lot, his vote shall be reduced accordingly. The total number of votes shall equal the total number of lots in said Subsection. (3) Every member shall have a right and easement of enjoyment in and to the Common Areas and such easement shall be appurtenant to and pass with the title to every Townhouse Subsection lot, subject, however, to the conditions and restrictions placed thereon herein or by The Association. (4) The owner of each lot in said Townhouse sub- section, by acceptance of a deed thereto, -is deemed to covenant and agree to pay annually, beginning with 1976, to The Associati< its successors or assigns, an amount, determined by the Board of Directors of The Association, for the purpose of exercising the powers given The Association herein or by an amendment hereto and of providing maintenance, including snow removal and payment - 7 - i •• r HARRISON t JOHNSTON ATTO..[Tb AT UN !I.CN[NT[N. f1IININ1A BOCK 410, 75-3 of real estate taxes, repairs and improvements of and to the land owned by The Association and also that portion of those Townhouse Subsection lots where the Common Area in front of same is not sufficient to provide said lot a parking area similar to that provided the other Townhouse Subsection lots. During the month of January of each year, beginning January 1976, The Association shall notify each such lot owner in writing as to the amount of the lot assessment and the date and manner of payment of same. All assessments must be fixed at a uniform rate for all lots. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of The Association setting forth whether the assessments on a specifi lot have been paid. A reasonable charge may be made by the Board for the issuing of such certificate, which certificate shall be conclusive evidence of payment of any assessments therein stated to have been paid. Said annual assessment shall be a charge upon and running with each lot of said Townhouse Subsection. If the owner is in default in the payment of any assessment, in addition to any other means of collection, The Association may bring an action at law against the owner personally obligated to pay same and may also sell the lot involved at public auction after advertisem once a week for two (2) successive weeks, in some convenient newspaper, having general jurisdiction in this County, and after ten (10) days written notice mailed to the last known address of said owner. Costs of sale shall be paid from proceeds of sale before payment of amount in default. This lien is expressly made inferior and subordinate to any deed of trust now or hereaft encumbering any lot, unless notice to the contrary is placed of record prior to the recordation of a deed of trust. „ In exchange for the Grantors' agreement to maintain 8 754 . P said Common Areas until December 31, 1975, the Grantors shall be exempt from payment of said annual assessment. In addition, the following property shall be exempt from the assessments created herein and shall not be subject to said lien: (a) Areas owned by The Association. (b) Areas owned by a governmental organi- zation or by a non-profit organization exempt from taxation by the Internal Revenue Service including lots while held by the Farmers Home Administration. (5) Membership in The Association may be increased by the area owned or under the control of The Association may be increased by the Grantors or by a majority vote of The Association, provided, however, that the Grantors shall not execute their right to increase the membership without the approv l of the Farmers Home Administration. (j) The Association or any townhouse owner shall have the right to enforce all covenants, restrictions and liens impose herein against the Townhouse Subsection lots. Failure by The Association or any townhouse owner to enforce any such covenant, restriction or lien shall in no event be deemed a waiver of the right to do so thereafter. 12. All of the covenants and restrictions herein shall be binding and remain in full force and effect for a period of f fifteen (15) years from the date of this instrument and shall be renewed automatically for additional successive ten (10) year periods unless the owners of a majority of lots in this sub- division shall, at least six (6) months prior to any such renewal MAflISOM A JOHNSTON date, execute and record an agreement amending said covenants •TTUfr[Tf AT LAW •i rcr [fT[f. v[f �ru and restrictions. -9- 755 s;,a 410 imE '755 13. The Grantors reserve and shall have the right alone to waive any one or all of the restrictive covenants and conditions contained herein as to the sale or transfer of any future lot or lots except that it cannot reduce the lot size nor change the use of any lot from residential to commercial. This waiver shall not affect the binding effect of the covenants and conditions upon any other lots. The Grantors further reserve the right alone to impose additional restrictive covenants and restrictions as to the sale and transfer of any lot or lots owned by them and such imposition shall not affect the binding effect of these provisions upon any other lots. Nevertheless, the Grantors may not exercise any of their rights under this paragraph without the prior approval of the Farmers Home Administration. 14. Invalidation of any one of the covenants or restrictions contained 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 lot owners or the Grantors herein to enforce any covenants or restrictions shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. 15. The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Fredericktowne Company or the Grantors or adjoining, adjacent to or otherwise related in any way to Section Two of Fredericktowne. WITNESS the following signatures and seals: THE PINES • B t� �^-� ��r: cy�ti. (SEAL. (-James L. Bowman, partner HARRISON i JOHNSTON By FREDERICK DEVELOPMENT COMPANY, i ATTRRNRTR AT RAW INC., partner _ TruRRuru. awnA By President • - 10 - 1• "t Jed SCALE M 6-T6 X, 4bO Z4 (P J4 2, N LOT 01-- AC) LOT9 -3/64 .0 n A 40.? Z,,' LOT 2,1 2:242? z /0 39 .3.000 AC w A MY R5 L A 40 LOT 4 4C 3. 000 AC 140. jse V 407-11 to 4 AC In q. A 40.? po' AC 5' LOT w co 3. 0 Q AC p4aY S�,5* w C. IV - 'It L5 W, ARFA WMAMW * �J. W� ARk'Ax 39.590 ACRES 4e;" — SrArErAREA x Z2514CRE'S . r0=4 x 4 1.641 ACRES COOK LAND CURVE DATA 0 RII01USj,AAV ICHOROCHR-DIRING Lj7 4. 19 1 /,? 5,9, /.?/. 2R /-g w 6 26. 41 7 144 1104-0 o-F Lor cuHvc5 _jZgRos LOT NO aICS6 CHOM, -7T 9 -!. W 5 P46.56 P,154-diY 195 iIG ,-PF- -31 INV 107. 5,1 F,11,1 z. P/- A r ME PMES SUSDI VISION -Z Z- opf--ouoA, !v5r AZE-2- cK co vl. cy ,CALF 0 0' ,10VE 16.1971 H. &RUCEf-DEMS C L-1; Po wx 4-3-9 7/?C� 22601 ro - �A PrE E-56 30' y ' 1 a� S�IOE 5 -_4b0 Zel- i� t, ` i 4 3 LOT 3 035 ACLor 9 3.164 AC. t� •0 S, _fte5'74'50"r boo LOr 2 1245 AC 0 53r� rI �$ Lor 10 O i 0, g 3.000 Al o MYERS VA/NAGE M EASEMENT L AAI:` r � ,a Lor3 Lor 4 8 b b 402.22� � 3 019 qC 3. 000 AC. a ►o.66 w ;�"� a $ LOT // W J. 000 AC �a 388 48_ $25 024'80 "W to 346.3?►__ ---- H � Z _ �� DRAINAGE EASEMENT Lor 5 000 AC. Lor E 8 W 9bo„M, G 3.000 AC. �, 0 LOr /2 3.000 AC Jw Lor i ' 3 012 AC. i _ /179. C74 1 PF TABULA LION ` LOT ANf_ A = 39.590 ACRES STET 1 RFA - c? 25/ ACRES ro AL- 4T-16?4/ ACRES a 4a•;. 95" . i is Lor 8 3.056 AC. ti ,N W LOT 13 0 3.039 AC. �iot 46p 00 I COOK LAND FINAL PL Ar THE PINES SUBDIVISION F SECTION ,XI OPECIUON DIS r FRED ROBERT K S"TICKLE)" (okf,NER) N. BRUCE EDE•NS C. L . S. PO BOX 439 / H'F4EBY CERT/FY rHAt T/yr LAND /N THIS SUBDIVISION /S A poRrION OF THE LAND CONVEYED TD P 8 ST/CKL EY 8 Y DEED DATED /9 ✓U,^/F. /941 AND RFCORDED IN THE FREDERICK COUNTY CLERKS OFFICE IN OEEDBOOK 135 PAGE 304 H Hf41f/CE EDENS C. L S ^rn _...; :_.. .,t...:,; :► C v:l.._.:+� t::»:i j��iCr.�.:C::.:a i0 ::1.^. O:1 LSO i Z.:i"J.cocl wGiz _ a.,.._.�......... iv �:::..v..a. rw... 3:�:.... v. C � , .c - ._ .., :,-1— paid, if a:,z�� :: I©. 1-0 SCULIT • SIMPSON •TTORN&VA-AT LAW WINCNtiT[R, VA. #1-545 ROBERT K. STICKLEY, ET AL TO: :: DEED " WILLIAMR. HAWKINS, ET UX NOK 378 P14�-E 513 THIS DEED made and dated this q day of July, 1971, by and between Robert K. Stickley, unmarried, individually, and Robert K. Stickley; Attorney - in - Fact for Evelyn Heath Stickley, Virginia S. Estep and Harold Estep, party of the first part, hereafter referred to as Grantors; and William R. Hawkins and Mamie Elizabeth Hawkins, his wife, parties of the second part, hereinafter referred to as Grantees. WITNESSETH: That for and in consideration of the sum of Ter Dollars ($10) and other valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantees, jointly, as tenants by the entirety with right of survivorship as at common law, all that certain lot or parcel of land lying and being situate in Opequon Magisterial District, Frederick County, Virginia, west of Virginia State Route 636, containing three acres. more or less, and being more particularly described as follows: Beginnin at an iron stake between the boundary of the Myers land and the other land: of the Grantors, 1038. 2 feet west of Virginia State Route 636; thence N 70 36' 47" W 327 feet; thence N 25° 24' 50" E 402.22 feet to a hereinafter described right of way; thence with said right o f way 327 feet; thence S 25. 24' 50" W 402. 22 feet to the point of beginning. The aforesaid is designated as Lot No. 12 on that certain plat of H. Bruce Edens, C. L. S. , dated June 16, 1971, which plat is hereto attached and made a part of this deed. The aforesaid is a portion of the realty conveyed to the Grantors herein from Robert K. Stickley, Executor and Trustee, by deed dated December 23, 1970, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 372, page 410 and is therein designated as Parcel No. 3, and is a portion of the estate of Mary Evelyn Stickley referred to as the "Pine Hills". Robert K. SCULbr • Simpson AtT0N#4t1r-A14AM WINCH9*T9R, VA. 94 0 e.c�x 378 rni 514 Stickley acts hereunder by virtue of a certain power of attorney dated January 5, 1971, of record in the aforesaid Clerk's Office in Deed Book 37 Z, page 409. Reference is hereby made to the aforesaid deed for further derivation of title. The within conveyance is subject to a ten -foot drainage easement as shown on the plat of H. Bruce Edens, and the Grantors do grant unto the Grantees an easement of right of way 60 feet in width running in a southeasterly direction from the lot herein conveyed to said Virginia State Route 636 and designated on the aforesaid plat as Cedar Drive. Except as hereinabove stated, the Grantors covenant that they have a right to convey said realty; that the same is free from liens and encumbrances; and that they will forever warrant and defend the title thereto. Witness the following signatures and seals on the day and year first above written: (SEAL) Gott S�ickl y, �Pt ' u-' 7— ``,/ y Ro ert K. Stickley, Attor< y-in-Fact for E �elyn Heath Stickley, Vi binia S. Estep and Hhrold Estep State of Virginia County of Frederick, To -wit: L �,d,i„�-� % c> �%a Notary .Public in and for the ' County and State aforesaid, certify that Robert K. Stickley, individually, and Robert K. Stickley, Attorney- ih-Fact, whose name is signed to the foregoing writing dated July, 1971, has personally appeared before me in my County and State aforesaid and acknowledged the same. My Commission expires: �9.3 Given under my hand this ?'day of July, 1971. -t- Notary Public aCULlt a 91motaM •noe«ua.c.•��w WINCMtsTtA,VA. 1 0 , 1 372 rorE 41 Parcel No. Two: All that certain tract or parcel of land containing 110 acres, more or less, lying on the west side of U. S. Route 11 on both sides of Interstate 81 and on the east side of State Route 1012, being described in the aforesaid appraisal of the estate of Mary Evelyn Stickley as Bush Hill, LESS those portions heretofore conveyed, the Grantees and Deed Book references in the aforesaid Clerk's Office being as follows: Commonwealth of Virginia, Deed Book 272, page 491; Town of Stephens City, Deed Book 296, page 162; Frederick County School Board, Deed Book 362, page 640. i? The aforesaid is a portion of that same realty devised by Jame s A. Downing to Mary Evelyn Downing Stickley by will dated January 6, 1894, �I 4 of record in the aforesaid Clerk's Office in Will Book 39, page 123. I� Reference is hereby made to the aforesaid deeds and the references therein I contained for a more particular description and further derivation of title. Parcel No. Three: All that certain tract or parcel of land containing .�wrrr. `1 58 acres, lying on both sides of Route 636, being; the same property described in the aforesaid appraisal of the estate of Mary Evelyn Stickley j as Pine Hills, the aforesaid being that same property conveyed to P. B. I� Stickley and Mary Evelyn Stickley from Joseph Pifer, et al, by deed dated June 19► 1913, of. record in the aforesaid Clerk's Office in Deed Book 135, page 3044' Reference is hereby made to the aforesaid deed and the reference therein contained for a more particular description and further derivation of title. The within conveyance is subject to certain easements and rights of way of record in the aforesaid Clerk's Office. •3- Witness the following signatures and seals on the day and year first 11 T�. �l I [7hePin,es, II (Robert K. Stickley) 1971 c I I; � 4p I NOTTOWAY TOWN HOU5E5 I I c I ( i i 24 I I 25 I . If I L54''42'17-W, — 185.82' I I I W « .5'OFo/�o2`E oseineni-J-= I ] oc o I OC r I (o, 950 SQ. FT. a i o Z I 23 I p a" b-- 0 1 I I M 49'42'/7 E- 185. 89- o I i I 27 u I 22 I I------- 4a a I I I I I 28 21 I I 12 3 I p I I r---------- � Y r-- = I o W 12 I 29 I a W I 20 V I I i I I 30 I 19 I I NOTE I THIS PLAT REFLECTS A REDUCTIOAI IN WIDTH AMD AREA OF LOT 2G SECTION IL Of FREDERICKTOWAIE T14I5 WAS IJECF-551TATED 8Y UIUE5 OF POSSESIOM ON i1THER SIDE THAT DO MOT LEAVIL SUFFICIENT ` wIOTN FoR THE PLAT WIDTH 77�W 1/ 2 r. 8DIV1510AI ADMINISTRATOR TR o5v c It��� V CERTIFICATE NO. 54.17.3 (8)9F �L54-113 (b)152��4 D ova LAND A M E /9 D.E D PLAT OF LOT 26 SECTIOU U FREDERICKTOWNE SUBDIVISION OPEQUOLI DISTRICT, FREDERICK COULITY SCALE 1' ■ 100' OCTOBER 20. 1985 PREPARED BY GREE&MAY ENJGINEERIUG it SURVEYING W. IUC. RTE Co BOX 152 - C MUCHESTER, VIRGINIA �,C OQ N �CV`.ram , �3 o3p /o ti �4TE .299 7- �-o .eE �C� vi.PB.o .ems r f�O�Q T/OTC/ of _.S' c�.G G•'" i " = ..z00 ' tee'.--,�.4. ? /...9 72 PINES, I II (Robert K. Sti'ckley • SUBD "3 1/H 1971