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Home My WebLink AboutLake Serene (42 Lots and Variance) Gainesboro District - Backfile (2)J - KA`BAGH / 30SEP0 E y � 35 ,P55 hp♦ i O.8• 6 3 /0.90 40 at 0t; _—�— c 0.1 p 25t �* I c Z "W Z 1 5 3Z. 56018 7 ,O— G oG AG' � �' 38 � 5 3 �. 4$ �5 o o_w 7� •0 so � �• Z�A_r•5- - 1r Q N 30-.59 a. 1.t 6vT1.E SVT4ER �{. W • �� R O0*t`'E ROSE EL .� P. 6*5 %" °• w� 0.8• 360 9 Lp? 0 0.64 A'C,' LOT 10 — L IS TO BE CONVEYED TO JOSEPH E. HALBACH AND IS TO BE JOINED WITH AND BECOME A PART OF LOT 11• LOT 10 - W IS TO BE RETAINED BY H. W. BUTLER# JR, do ROSE ELLEN R. BUTLER AND IS TO BE JOINED WITH AND BECOME A PART OF LOT 90 110 OfiG of 1 4 ,QC, o LE A.E ERT p V URTIFICATE No. n' LAND gVa The Accompanying Plat is a Division Survey of Lot 10 - LAKE SE- RENE - conveyed to H. Wo Butler# Jro and Rose Ellen R. Butler by Deed dated 10 July 1973 in Dead Book 413 Page 35. The said Land fronts the Southern Boundary Line of the 40.0 Ft. Roadways just South of Rto 677, and lies in Stonewall District, Frederick County# Virginias Lot 10 -R -- Beginning at an iron pin in the Southern Boundary Line of the 40.0 Ft, Roadway# a corner to Lot 11, running with the Northwestern Line of the said Lot S 320 56, 18" W - 251.72 ft* to an iron pin in the Line of the Lake; thence with the two following Lines of the said Lake N 340 588 39" W - 30oO fte to an iron pin; thence N 470 281 08" W - 40.65 ft* to an iron pin corner to Lot 10 - W; thence with the Southeastern Line of the said Lot N 310 48f 45" E - 229o99 ft* to an iron pin in the Southern Boundary Line of the Road- way; thence with the said Line S 600 00' 30" E.- 72o50 fto to the beginnings Lot 10 - W — Beginning at an iron pin in the Southern Boundary Line of the 40.0 Ft, Roadway, a corner to Lot 9, running with the said Southern Boundary Line S 600 00' 30" E - 72.50 fto to an iron pin oor- ner S 310 481 45t W - 229.99 fto to an iron pin in the Line of the Lake; thence with the said Line N 470 28' 08" W - 70.64 ft* to an iron corner to the said Lot 9; thence with the Southeastern Line of the said Lot N 300 59' 47" E - 214*57 ft• to the beginningo TH/p��, L7 F A. ERF RT u aRTIF!CA c NO. > n Surveyed - - - J'une 179 1974• ��,A%14�0*r t4NU Sty O It IEIOtr _PIN to. IE►oN PIN 0 s 00 N i 00 �Z O, 1 O CG _ � ,UP 00 0 �tq 2 ti- O _ N t0 2 1� • O W O � N N 0 O 0 11 0 N ON THE RECORDED PLAT (356 — 147) THE BEARING AND DISTANCE OF THE DIVIS— ION LINE BETWEEN LOTS 38 & 39 SHOULD HAVE BEEN S 000 26t 38" W — 351*43 FT, USING THIS LINE IN MAKING . THIS SURVEY DOES NOT IN ANY WAY CHANGE THT LAND AS MARKED ON THE GROUND BY THE 8 JULY 1969 SURVEY. THIS SURVEYED PORTION IS TO BE CONVEYED TO EUGENE F. DEARING, JR, AND MARY W. DEARING AND IS TO BE JOINED WITH AND BECOME A PART OF LOTS 38 AND 37o VARIANCE GRANTED: a LEE A. EB%E�T v s'tR"iFi�ATL• ido. 484 a rl�D_LAND gUay The Accompanying Plat is a Survey of The Southwestern Portion of Lot 39 - LAZE SERENE - conveyed to John Robert Fisher, III and Betty Jo Fisher by Deed dated 26 September 1973 in Deed Book 420 Page 462. The said Portion fronts 00,.00 Feet on the Northern Boundary Line of the Roadway, and lies in aainesboro District, Frederick County, Virginias Beginning at an iron pin in the Northern Boundary Line of the Roadway, a corner to Lot 36 and Lot 39, running with the Southern Portion of the Division Line of the two Lots N 000 261 39" E - 189o27 fte to an iron pin corner to the Retained Portion; thence with the two following Lines of the said Other Land S 060 121 31" E 111.51 fte to an iron pin; thence S 090 47' 03" W - 79.56 ft,' to the beginningo Containing - - 10222.16 Sqo Fto Surveyed - - - June 17, 19740 c LEE A. EBERT CER N, K AT . Nv. 4 vo E 'JOSEpH C s�Q p.6 356%h r bq ♦� � � t o, r1'0.90 ;g1 � O 1 5 3Ze 56, 1�. W 3 �0- oG 38 AG' _ 0 �' 22g•gg�, W r N 310 *68 , " W g O 5 31• *8 �5 o p-W. o_ CIA 0. tn jfk N - or ft0 avILER N LEN O ROSE EL P• 6�5 cr,s 360 `pg s� 0.6 4 AL- I J LOT 10 e $ IS TO BE CONVEYED TO JOSEPH E. KALBACH AND IS TO BE JOINED WITH AND BECOME A PART OF LOT 11• LOT 10 - W IS TO BE RETAINED BY Ho W..BUTLERs JR. & ROSE ELLEN R. BUTLER AND IS TO BE JOINED WITH AND BECOME A PART OF LOT 90 VARIANCE GRANTED. $pL If j o i 91A,o LE A. E.RT ; vGERTiFICATE No. CA, a b LAND SVQ' The A000mpanying Plat is a Division Survey of Lot 10 - LAKE SE- REVE - conveyed to H. Wo Butler, Jro and Rose Ellen R* Butler by Deed dated 10 July 1973 in Deed Book 413 Page 359 The said Land fronts the Southern Boundary Line of the 40.0 Fte Roadway, just South of Rt. 677, and lies in Stonewall District, Frederick Countyp Virginias Lot 10 - R -- Beginning at an iron pin in the Southern Boundary Line of the 40.0 Ft. Roadway, a corner to Lot 119 running with the Northwestern Line of the said Lot S 320 56, 1810 W - 251.72 ft, to an iron pin in the Line of the Lake; thence with the two following Lines of the said Lake N 340 58, 39" W - 30*0 ft* to an iron pin; thence 0 N 47 281 08" W - 40.65 fte to an iron pin corner to Lot 10 - W; thence with the Southeastern Line of the said Lot N 310 481 45" E - 229o99 ft* to an iron pin in the Southern Boundary Line of the Road- way; thence with the said Line S 600 001 30" E - 72,50 fto to the beginning* Lot 10 - W « Beginning at an iron pin in the Southern Boundary Line of the 40*0 Ft* Roadway, a corner to Lot 9, running with the said Southern Boundary Line S 600 001 30" E - 72.50 ft* to an iron pin oor- ner to Lot 10 " E; thence with the Northwestern Line of the said Lot S 310 481 45" W - 229.99 f to to an iron pin in the Line of the Lake; thence with the said Line N 470 281 08" W - 70e64 fto to an iron pin 0- corner to the said Lot 9; thence with the Southeastern ��;�110 Line of the said Lot N 300 59 t 47" E - 214*57 ft. to C - n o�'� A. E6RT the beginning* LE.fzT IFICA I E NO. > Surveyed - - - June 17, 1974* �• '` R o P D Il4CN N 3 1 O In �- �� N 4doe . tA• IRON pIM i d �Q � O 1 1 1p- O cf) O J W O �'=d J w W � ao o Ri � m 2 C -----_ = F- o W a m LgkE __v ON THE RECORDED PLAT (356 - 147) THE BEARING AND DISTANCE OF THE DIVIS- ION LINE BETWEEN LOTS 38 & 39 SHOULD HAVE BEEN S 000 261 38" W - 351,43 FT,, USING THIS LINE IN MAKING THIS SURVEY DOES NOT IN ANY WAY CHANGE THE LAND AS MARKED ON THE GROUND BY THE 8 JULY 1969 SURVEY, THIS SURVEYED PORTION IS TO BE CONVEYED TO EUGENE F. �,A N 0 DEARING, JR. AND MARY W. DEARING AND IS TO BE JOINEDe, WITH AND BECOME A PART OF LOTS 38 AND 37, LEE A. E R T CERTiFt.;,A7E No. 484 VARIANCE GRANTED: "' J; '�� LAND SVav The Accompanying Plat is a Survey of The Southwestern Portion of Lot 39 - LAIR SERENE - conveyed to John Robert Fisher, III and Betty Jo Fisher by Deed dated 26 September 1973 in Deed Book 420 Page 462. The said Portion fronts 00,00 Feet on the Northern Boundary Line of the Roadway# and lies in Gainesboro Districts Frederick County* Virginias Beginning at an iron pin in the Northern Boundary Line of the Roadway, a corner to Lot 38 and Lot 39, running with the Southern Portion of the Division Line of the two Lots N 000 26 t 39" E - 189o27 fte to an iron pin corner to the.Retained Portion; thence with the two following Lines of the said Other Land S 060 121 31" E - lllo 5l f to to an iron pin; thence S 090 471 03" W - 79 956 f to to the begiriningo Containing - - 1#222*16 Sqo Fto Surveyed - - - June 17, 1974o 0P P o LEE A. EBERT U CtR VW iCATE No. 0921, 7/3 1/6 SCULLY & SIMPSON ATTORNEYS -AT -LAW WINCHESTER, VA. THIS INSTRUMENT, made and dated this -- day of July:. 1969, for recordation contemporaneously and along with t-!--- attached plat of lots entitled "Lake Serene', located about 1.2 miles West of Cedar Grove, and situate in Gainesboro District, Frederick County, Virginia, which rtat is made a part of this instrument and incorporated herewith by reference, WMEREAS, Lake Serene, Inc. is the owner of certain lots of land, private roads and roadways, private lake, and shore areas as described and set forth on the attached plat,, being 'the same realty conveyed. to Lake Serene, Inc. by deed of H. W. Butler, Jr., et als, dated July 8, 1969, and of record in the office, C1,re---uJt Court of Frederick County, Virginia, in Deed Book at Page and WHEREAS, the said Lake Serene, Inc., pursuant to its by-laws, does intend and does hereby restrict the said lots on tip attached plat, which plat has been approved by the Frederick County Board of Supervisors and the Frederick County Health Department. NOW, THEREFORE, WITNBSSEUAIF� That the s,0413, "'oti. -1, the said Lake Serene, Ine. describect on tie attached plat shall be subject to and conveyed subject to the following restrictive covenants, which covenants shall be binding on the Grantees of the said Corporation, their successors, heirs., distributees, personal representatives and assigns: 1. That neither the Corporation, its ot the Grantees of the Corporatlon, their bnA,Ti or assiqns, will request the Board of Supervisors or the Virgi.-nia DeparLment of Highways that said streets be taken into the highway system 0 SCULLY & SIMPSON ATTORNEYS -AT -LAW WINCHESTER, VA. until the lot owners have br.;"qht the said roadways describ-e, on said plat up to the specifications of the Virginia Depar#-- ment of Highways and the Board of Supervisors of Frederick county, Virginia., building may be erected upon any is nor way any lot or improvements thereon be used for any purpose other than residential. 3. No temporary buildings or outbuildings, or mobile homes shall be pe,--mit-11terl. 4. No building may be erected on any lot nor ma, be used except for a single-family dwelling., 5. A sanitary disposal system shall be ereczed and maintained on each of by, the lot owner, which sanitary disposal system shall be erected and maintainel in accor- dance with the Sanitary Ccele of the State of the County of Frederick, Virginia., 6. No house or cottage may be built upon any lot within 25 feet of the lakefront property line or within 10 feet of any side boundary I'Lre. 7. No house or cottage shall be erected upon any to at a cost of less than $10,000.00, exclusive of sanitaz- systems and water systems R6, The Cc�rporation or its successor retains a lier, each of the lots to secure the payment of all rents and other sums of money which may be levied by the Grantor upon 'the land owner. -,-t is further intended, and by this instrument, the., said Corporation does hereby bind itself, its successors, -2- SCULLY & SIMPSON ATTORNEYS -AT -LAW WINCHESTER, VA. assigns an1-14 Graztees as tuiiows: 1® That the said Lake Serene. Inc. does fee simple absolute title in all of the streets, roads, roadways, bridges, lakes, streams, runs, dams, and that portion of the shoreline of said lake between the waterside lot line nd the water line of the lake, and to, all other land the Corporation. 2. it is not the intention of the said Corp.-,,. and the said Corporation does not deed or vest any title in any of the areas mentioned in the preceding provisions to either the public, the Commonwealth of Vir-ginia, or the County of Frederick, Virginia, but expressly reserves the same, it being the intention of the Corporation to reserve as private lands and appurtenances the said streets, road,, roadways, bridges, lakes, streams, runs, dams, and that portion of the shoreline situated between the waterside lot lines and the water 'Line of the lake and all. other lands of the Corporation. 3. The Corporation does by this instrument give its Grantees an easement of right of way to use the roads, roadways and bridges of the said Corporation for the purpose of ingress, egress and,regress to such Grantees and their invitees. 40 it is further the intent of the said Corporation to reserve the shore property lying between the waterside lot lines and the water line of the lake, and it is not intended that the Grantees from the Corporation or lot owners acquire any title or right in and to the said property lying between the waterside Int, lines and -the water line of the lake, • 0 SCULLY & SIMPSON ATTORNEYS -AT -LAW WINCHESTER. VA. '�he covenants and agreements herein That each of 111 contained are severable, and in the event that any one or more such agreements and covenants shall be found illegal, i or unenforceable in law, the remaining. legal and. enforceable cave,man ts sriall be bind:L'on 't-Ina Corporation, its successors and assigns and the Grantees from the Corporation, and their successors. heirs, distributees, pew sc-,,�:1-.-"' tatives and assigns. The above and foregoing tnstrument and attac-hed plat is with the free consent and In accordance with,the desires of the undersigned owner, WITNESS the following uii-gnature -,, a Inc. , by its President, H. W. Butler, Jr., and its seal duly affixed and attested by its Secretary, David G. Simpson, on the - and year first above writ tent BY PRESIDENT STATZ OF VIRGINIA COUNTY OF FREDERICK, To-witz 1, Constance L, Hicks, a Notary Ptiblic in and 'for 0 the County and State aforesaid, do hereby certify that ff. W. Butler, Jr. and David G. Simpson, P-:, Secretary, respectively, of Lake Serene, Inc., whose names are signed to the foregoing instrument, bearing date the _ day of July, 1969, have personally appeared before me in my County and State aforesaid and acknow- ledged the same. Given under my hand. this ___ day of July, 1969. My Commission expires December 29, 1969. d_(5N_S_!fAKN_CE L_.___ffI__CKS - -NOTARY PUBLIC (I was commissioned as Constance Lee Yowell) SCULLY & SIMPSON ATTORNEYS -AT -LAW WINCHESTER. VA. -, V._ r n = a' m ...E . .. Y f, r. YF I CERTIFY THAT LAND, IN,F`g •S� THIS SUBIDI Vitt CJi- -A� -IPQRTION OF S rL- 'n "T THE r M y LAND C9; 3O AKA` •• tI P'4" M , INC. Y C O E D C° '� � � � � rr+�E t� - f' � *s ': t . w a m 001 J ULY 9. "qq a 7 °Co E� 31`, C. L. �'�� f a l a' .� �ti� €Eiu. E6F-RT, , _ 3 .! S i� r i .. .- .. ?e-; �d 'l`:!. � g. s.�-�9 i x....y: `% .. a`� �y, , � '� p..,, Y � �'✓ . i3 :€� .. r.. i a. # V 9-t _ Z' fillfv o' s . C: }'It I ^ a � M a d c y fAtsE' tip 3376, .." s a t� ..".«h t. 3ate. ° w ' �'t ~+ ,p'� p , d1: 4r V RAD 77 1450 fit t �•kim �, fry F tiqa •Fy ag� F _-.,t.:.... a.,,,.., 4 rg� ''a'3� d f wg gq rz Ci Y. �e�` ow, .'�-•� y$ �� .-'7�. ! a ✓ I `9r 1 4 } sr L A K E n' r x Z r i c' ,i• d }"J l �11P V l s+ue�e�.'�jjjj qj NJ G�a`'.�cldt�iey` i6:.�' ,k .�a ,` V'� t Q6 w g � m 3 e d � a Cea w gg d Q K ,� EJ 9 Po ` S' J N M % r`4 •� \j !bqL 1 u SUBD Gainesboro District