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HomeMy WebLinkAboutThe Meadows R-3/14 - Backfilerc AnDN IJ S r $S O0o t ♦Z0. LAWSON AND SILEK, P.L.C. Attorneys and Counselors At Law 20 South Cameron Street Post Office Box 2740 Winchester, Virginia 22604 Telephone: (540) 665-0050 Facsimile: (540) 722-4051 A professional limited liability company of professional corporations THOMAS MOORE LAWSON, P.C. JOSEPH F. SILEK, JR., P.C. THOMAS MOORE LAWSON* JOSEPH F. SILEK, JR.+ ANN K. CRENSHAW *also admitted in West Virginia +also admitted in North Carolina November 27, 2001 Mr. Evan Wyatt, Deputy Director Frederick County Planning 107 N. Kent St. Winchester, VA 22601 Front Royal Address: Post Office Box 602 Front Royal, Virginia 22630 Telephone: (540) 635-9415 Facsimile: (540) 635-9421 E-mail: silekj@rma.edu REBECCA G. LAWSON DEBORAH M. CHANDLER ROBERT .I. LIGHT Re: Anthony Lee Cook v. Gordon E. Clem, et al. Chancery No. CHO153 Our File No. 463.001 Dear Evan: Thank you very much for your testimony yesterday in the Cook case. Your appearance was required because Mark Cheran advised that he was not custodian of the County's file on this subject but that you were. I know your days are very busy and my client and I greatly appreciate you taking the time to come over to court. Enclosed is the original County file. A copy was delivered today to the court. As always I thank you for assistance and cooperation Very t ours, Thoma Mo re Lawson TML:sag Enclosure cc: Mr. Tony Cook Mr. Dave Shore RECEIVED NOV 2 7 2001 IFPT. OF PLANNINGIDEVELOPMD' _.( ..,so tAJ 0300110Jk_' j Richard C . Shickle , hereby certify on this 23rd day of April , 2003, that the following Resolution is a true and exact copy of one and the same unanimously adopted by the Board of Supervisors ofthe County of Frederick, Virginia ("Board'), assembled in regular session on the 23rdday of April , 2003. A RESOLUTION TO VACATE A PLAT AND CONVEY ALL RIGHTS AS TO "PARK" ON THE DEED OF DEDICATION AND DECLARATION OF PLAT OF "THE MEADOWS" SUBDIVISION DATED MAY 11,1970, BEING THE SAME PROPERTY PREVIOUSLY DEDICATED TO FREDERICK COUNTY. SAID DEED OF DEDICATION AND PLAT CAN BE FOUND AND IS RECORDED IN THE LAND RECORDS OF FREDERICK COUNTY AT DEED BOOK 363 PAGE 658. WHEREAS, the County of Frederick ("County") is empowered to vacate the Plat and the dedication in the County pursuant to, and in, conformance with provisions of the Code of Virginia, 1950, Section 15.2-2270, et seq, as amended; and WHEREAS, the County intends to vacate the Plat and convey all rights as to all that certain tract or parcel of land, together with the improvements thereon and appurtenances there unto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 72,393 square feet, and being designated as "Park" on the Deed of Dedication and Declaration of Plat of "The Meadows" subdivision, dated May 11, 1970, being the same property previously dedicated to Frederick County by Fredericktowne Company. Said Deed of Dedication can be found and is recorded in the Land Records of Frederick County at Deed Book 363 Page 658 Page 1 of 3 C=) CM which intention was advertised according to law, and the land proprietors affected by said action were notified; and WHEREAS, the Board at its meeting on March 22, 2000 did previously determine that it was appropriate to vacate said designation as a park and in fact, did so through its Vacation of Interest, a copy of which is attached hereto and incorporated herein as "Exhibit 1". Pursuant to a subsequent Order of the Circuit Court of Frederick County, a copy of which is attached hereto and incorporated herein as "Exhibit 2", said vacation was without effect, and as it did not vacate the Plat, it is necessary that the Board of Supervisors revacate the County's interest in the Park and vacate the Plat; and NOW, THEREFORE, BE IT RESOLVED, that the Plat and all that certain tract or parcel of land, together with the improvements thereon and appurtenances there unto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, containing 72,393 square feet, and being designated as "Park" on the Deed of Dedication and Declaration of Plat of "The Meadows" subdivision and the Plat appended thereto, dated May 11, 1970 be and are hereby vacated. Being the same property previously dedicated to Frederick County, said Deed of Dedication can be found and is recorded in the Land Records of Frederick County at Deed Book 363 Page 658 be and hereby is vacated to Anthony L. Cook, as successor in interest to Fredericktowne Company. BE IT FURTHER RESOLVED, that the County Administrator is hereby directed to place a certified copy of this Resolution of record with the deed records in the Clerk's Office of the Circuit Court for the County of Frederick; and BE IT FURTHER RESOLVED, that the County Administrator is hereby authorized and directed to execute all documents necessary to carry out the purposes of this resolution, as prescribed by the Code of Virginia, 1950, as amended, including, but not limited to, writing an amendment to Page 2 of 3 CAI the Frederick County Ordinance providing for conveyance 'of the aforesaid parcel to Anthony L. Cook. ADOPTED by the Board of Supervisors of the County of Frederick on the _Zard_day of r i 1 , 2003 by the following recorded vote: Richard C. Shickle Aye Robert M. Sager Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Lynda J. Tyler Aye Sidney A. Reyes Jkye Gina A. Forrester Aye Resolution No.: 053-03 Witness my hand and the seal of the County of Frederick, Virginia. Richard C. Shickle Chairman, Board of Supervisors County of Frederick, Virginia COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, To WIT: I, Y c w " , a Notary Public in and for the Commonwealth of Virginia, do hereby ceAity that ::jR �.,,� C. � �, ;, k Ic �:hc � � r r� of the Board of Supervisors, whose name is signed to the foregoing resolution bearing date on the '-` - day of , 2003 has personally appeared before me and acknowledged same in my State andjiAdiction. GIVEN UNDER MY HAND THIS day of , 2003. 10 My commission expires �� x : _ �(`( ; J- Notary PubliU 7. ,,�e tt C:\TIP\resolutions\FY2002-2003\IvleadowsSubVacacePlatPark042303. age 3 of 3 rr��rrrtr�rttrr4�"•� VIRGINIA: FREDERICK COUNTY, SCT. VIN00juratth ar ' it • COUNTY OF FREDERICKtt�t LAWRENCE R. AMBROGI Commonwealth's Attorney CHARLES W. STANSFIELD I Administrator ' JANET P. DICK ``'•^"�+� Office Manager OFFICE OF THE COMMONWEALTH'S ATTORNEY 107 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (540) 665-6383 FAX (540) 667-3454 September 15, 1998 Eric R. Laurence Zoning Administrator Department of Planning and Development County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: Meadows Subdivision Dear Eric: 9 - z A)esw r �5:/g JAY D. COOK, III Assistant Commonwealth's Attorney GLENN R. WILLIAMSON Assistant Commonwealth's Attorney VICTIM/WITNESS DIRECTOR 665-6369 / 667-3454 FAX Before the "Costello" lot in the Meadows Subdivision can be used for construction purposes the owners of the lot must first follow the statutory procedure to vacate its dedication in the Deed of Dedication and Declaration of Plat for the Meadows Subdivision, dated May 11, 1970. LRA/lu cc: John R. Riley, Jr. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Lawrence Ambrogi, Commonwealth Attorney FROM: Eric R. Lawrence, Zoning Administrator SUBJECT: Legal Advice Concerning The Meadows Subdivision DATE: September 10, 1998 Staff has been approached to interpret the allowed uses of a lot in The Meadows Subdivision. The Meadows Subdivision is located on the south side of Route 277, between I-81 and Jamesway Plaza. The lot is presently listed by tax records as being owned by Mr. Lewis Costello. Mr. Costello would like to donate the lot to the Habitat for Humanity as a building lot. The 72,393-square-foot lot in question is identified as a `park' on the original subdivision plat approved by the County in 1970. Based on our research, the Zoning Ordinance in effect at the time of subdivision approval did not require open space (park land). Therefore, it is our belief that the `park' was established as an amenity for the development. A file memorandum indicates that the Fredericktowne Company initiated a lot transfer to the homeowners in the mid-70's, but the homeowners apparently failed to form an HOA. I spoke with the County Treasurer's Office to review the paid taxes for this lot. According to the Treasurer's records, taxes for the lot were abated in January 1998; Tibow was listed as the property owner at the time of tax abatement. Please provide a legal opinion as to whether the lot could be used as a building lot. Thank you. ERL/bah Attachment CC: John R. Riley, Jr., County Administrator Jim Doran, Director Frederick County Parks & Recreation U:\ERIC\COMMON\98LETTER\MEADOWS.WPD 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK 9 MEMORANDUM Departments of Planning and Building 703/665-5650 To: Kenneth Y. Stiles, Chairman, Frederick County Board of Supervisors From: Robert Watkins, Director �V Date: March 23, 1988 Subject: Status of Open Space in the Meadows We have looked into this and have found the deed of dedication, along with various correspondence on the open space. None give a definite description of the current status of the open space. The original deed of dedication reserves title for the park to Fredericktowne Company. Correspondence in 1976 described the intention of the Fredericktowne Company to give title to a property owners association or to the Parks and Recreation Department. Ownership was not transferred to the County, but we do not know if it was transferred to a property owners association. Tax records list Mr. Costello as the owner. The open space was probably not required by the County. From the standpoint of County regulations, there is probably no problem with developing the open space. There is a drainage easement through the lot. Please find attached the various materials described. Please let me know if we can be of further assistance. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 JUNE 1, 1976 AxMA ebrfiftiP (9ang Fast DEERS Pax 358 19%. Aens 41 tg, xirgiuix 22655 "THE MEADOWS" Dear Property Owners: As you are probably aware, when Fredericktowne Company recorded its plat of "The Meadows" subdivision a parcel of land containing 72,393 square feet, more or less, was designated as a "park". This is bounded on the north side by lot 13 and on the south by lots 12-18, on the west by Meadow - brook Drive and on the east by Ewings Lane. The park is subject to a 15 foot drainage easement which runs through the middle of the parcel. Now that Fredericktowne Company has, with a few exceptions, sold out of this project, we desire to turn these parcels over to others We feel that it would be appropriate if the property is conveyed to a property owners association composed of persons owning property in "The Meadows". We are ready, willing and able to convey the title to said property, at no cost to you, to a property owners association which is truly repre- sentative of the property owners in the subdivision. This letter is being written to all property owners in "The Meadows" with the hope that it will lead to the formation of such an organization. Fredericktowne Company will take no further steps to divest itself of this property for a period of 60 days from the date of this letter. There- after, however, in the event that a property owners association is not farmed, we will feel at liberty to offer the property to the Frederick County Parks and Recreation Department for its use as a park, as a capital -raising venture or for any other purpose it feels appropriate. This could include the sale of the property by the Parks and Recreation Department and its use and sub- division as residential property. Fredericktowne Company will take no action to oppose such a resubdivision or resale of the property. It should be clearly understood that in the event that Fredericktowne Company does convey the property to a property ou-ners association, Frederick- towne Company will no longer be responsible for the maintance of that parcel or for real property taxes on it. Should you have any questions about the contents of this letter, plese feel free to contact the Fredericktowne office. Sincerely,, FREDERICKTOW ANY President „�jr?�?iT.ck �IIltii#� H. R`NALD a3_RG . PLAN` I,sr CIRr_=oa J. WILI-1AM RM.Zy, if! 7.A NING COO= AJM:DIIgTRATOR Airs. Laura F. Pifer Post Office Box 327 Stephens City, Virginia In Re: The Meadows Dear Mrs. Pifer: 22655 June 23, 1976 9 Cocar SQUAB WINCHESTER. 22501 You have addressed a.very comprehensive list of questions to me that I can answer only with suggestions. On the general topic of "Homeowners Associations”, I think you should talk with Mr. Steve Locke at the*Lakeside Estates Townhouse Association or Ms. Barbara Ratcliff who is attempting to organize the owners at Lakeside Estates. I think they can help you with what I am sure all will agree is a difficult task, but one that can be most satisfying if successful. Your questions on zoning and land division are somewhat easier to answer. None of the requirements of the Multi -family Zoning District, Section 24, apply to The Meadows. As to the sale of the lot -.I think some legal advice will .be needed. It is my, understanding of .the Deed of Dedication and County -Ordinances that the park lot could be sold if all the residents in The Meadows agreed to that change in the subdivision: I have not had an opportunity to walk.over.the lot, so I don't know if it could be divided into two (2) lots, but I do know that the drainage easement would make such a division more difficult. A last point -- can the lot be given to the"Department of Parks and Recreation, County of Frederick, Virginia? I do not think this department can afford to maintain the lot as a park; therefore, it is doubtful .they would accept it. It would appear, then, that if a Homeowners Association can be formed, you would be able to do whatever you like with -the lot, subject to applicable zoning restrictions pertaining to commercial or other uses, for the enjoyment of the residents of The Meadows. Good luck. I hope you are successful. Sincerely, T{CO�iNTY OF FREDERICK, VIRGINIA H. Ronald Berg Planning Director HRB : f and CC: J. 0. Renalds, III, County Administrator 70315 5 2-4532 CC: William Pike, Director, Dept. of Parks and Recreation, Frederick County, VA. Ht. 1 - Bo:i 1,173 Stephens City, Va . 22555 Jlzne to , 1975 Lear Mr. Berg, After discussing with you a Homeotr%Tners Association and the alternati�ies in regards to the recreational lot in the ldeadotrrs, I discussed the situation further with my husband. He and I grant to lcok into the courses of possible action to the fullest extent befote we ansvJer the letter from Frederick-to-rrne Company. I am enclosing the letter that they sent to us as well as the quesI.ions that have come to mind. A meeting is being called by some of our n e ighuors for the second week in July. Before attend irk the meeting we would like to know: 1. Karr do the citizens go about forming a Homeowners Association? 2. '29hat would be the powers of such an organization? Could they require all the residents to contribute to the tares of the property 3. toes Section 24-8, 24-8-1, 24-3-2 apply to this particular piece of property under the 'November 1973 ordinances? Or do the presnt Ordinances apply? Or both? 4. Can such an organization put in a pool and charge me-!berstaip fees? 5. Can they sell the property and divide it (the money) o. Can the deed to the property be turned over to the Parks and Recreation department? If so, can they sell the property? If not, what are their obligations? 7. rider the site plan submitted for the Meadows, if this lot was des ignated as a recreat ional area for t he res idents, roes it have to remain as suer? If so, :�ihet is considered to be recreational? I-nese are some of tLae questions tint may or may not be ans;,rered by you and your office. Any help that you may be able to give would be very much appreciated. Any questions that do not pertain to your off ice, -mould you please head me in the rig-ht, direction? Thanks so much for .your time and help. Sincerely., e' (Mrs., pober- -.U� I: ifer,Jr. ) j11. e IS 1976 Dear Mr. Berg', 0 Thank you for the information tb.at came in yesterdayv s maid.. After looking through it I find that I still need information .regarding tine Ordinances prior to November 1973, especially tLiose nerta ining to 20-17; 20-18; 20-20; 3-1; 3-1-26; 11-3; ll-". found on pages th-rea and four cf the Judges decision. Any help in this direction would be more than appreciated. Thank you for your time and help already rendered. S inc arell s Laura F. Pifar .. .. . . .. .... .__.____.. _....�,wr ww wrr rwrrw►rww•. •rw•• 31 • <-am MEADOWS SUBDIVISION • DEED OF DEDICATION • w►wwwrwww►►►rwww►wwwrw•w►w�w :Car 383 r: 658 .. THIS DEED OF DEDICATION AND DECLARATION OF PLAT for "TILE MEADOWS" SUBDIVISION, made and dated this // "( day of May, 1970. WHEREAS, Fredericktowne Company desires to dedicate, plat and subdivide that certain parcel of land containing 33.566 acres, more or less, which comprises part of that certain parcel of land containing 31.545 acres conveyed to that corporation by Deed dated the 15th day of April, 1970 from Robert K. Stickley, Executor and Trustee under the Will of Mary Evelyn Stickley, Deceased, recorded in Deed Book 362 at Page 556 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia and a part of that certain parcel of land containing 2.421 acres conveyed to that corpora- tion by Deed dated the 10ch day of April, 1970, from Ilarry1L Fake and Mary Etta Fake, his wife, recorded in Deed Book 362 at Page 553 In the Office of the Clerk of the Circuit Court of Frederick County, Virginia. NOW TIIEREFORE, this Declaration of Plat. WITNESSC171: The platting and / or dedication of the following described land, which lies a short distance South of Virginia Route 277 about one-half mile East of Stephens City in Opequon Magisterial District, Frederick County, Virginia, is with the free consent and In accordance with the desires of the undersigned owner, Fredericktowne Company, a Virginia Corporation, as evidenced by the signature of its President and attestation of its Secretary Beginning at an iron pin in the South boundary line of Virginia Route 277 at the Northwest corner of the Guard Lot; thence with the two following courses there- of; S 07 deg. 23 min. 12 sec. W-418.37 ft. to an iron pin; thence S 61 deg. 38 min. 27 sec. E-203.60 ft. to an iron pin at the Southwest corner of the Bowman I Ind; thence with the said Bowman Land S 61 deg. 55 rain. 23 sec. E-915.32 ft, to a post at the Southeast corner of the Bowman Land and the Northwest corner of the Neff Lot; thence with the West lines of the Neff lot and the 9 l i cool; 363 PAE 660 3) Set flack Lines: No structure including covered porches or coveru patios shall be less than 'thirty (30) feet from any street shown on the attached Plat. The minimum side yard for each main structure shod be Tvn (10) feet with the width of both side yards a minimum of "Twenty (20) fe(-t. &ich main structure sloth have a rear yard with a depth of Thirty-five (35) feet or more. 4) )easements: There shall be service easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed, or sikill be located as such utilities are actually extended to the individual lot after the call for connec- tion by the lot owner. 5) Further Subdivision: No lot on the attached Plat shall at any time be subdivided, conveyed, leased nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so than each of the portions into which the lots are divided for the purpose of sub- division, conveyance, lease or sale results in the lots bring crentcd for i the purpose of such subdivision, conveyance, lease or sale, as well as tnch of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the Plat which is recorded with this Decd of Dedication of this subdivision. i 6) Fences: No fence, hedge or other visual barriers shall be erected in the front yard of any lot shown on the attached Plat; fencing of back yards may Include aide yards to a limit of one half the depth of each dwelling. All t fences, hedges or similar barriers must be kept in good repair. 7) Surface Water: No owner of any lot shown on the attached Plat shall interfere with the natural drainage of surface water from such lot at �. the detriment of any ether property shown on said Pill f8) Sanitation: No septic tanks or wells shall be constructed upon any of the said its shown on the attached Plat. 9) Sil;ns: No billboards or signs of any kind shall be erected, main - wined or displayed for any commercial purpose, except for temporary signs advertising the sale or rent of real estate on which such sign Is located with no sign to exceed Six (6) square feet in wren. 10) Vehicles: No commercial vehicles or trailers, moblle homes or campers shall be kept on any numbered lot shown on the attached Plat ! i except during the course of construction or addition to buildings, unless 1 , they are housed in suitable shelters. No vehicle may he parked for a period I greater than Ninety (90) days on any numbered lot as shown on the attached Plat nor on any pintted.strect which vehicle dues not have a currently valid 1 ' Virginia inspection windshield sticker. i 11) Unimproved Lots: All unimproved lots shown on the attached Plat shall be kept free of undergrowth, brush, trash and debris, in the event any lot shall not be so kept free, the Grantor may remove the same after Ten (10) days notice to the lot owner by certified or registered mail and may assess the cost thcrcuf to the owner and the failure to pay the same within Ninety (90) days shall constitute a lien upon the lot sold here- under. -3- i STATE OF VIRGINIA'I nxx a63 PA -a 662 C, of /7 �,,��i,t To=wit: I, 9 a Notary Public in and for the i State and afores f1d, hereby. certify that I as President a aL.t�.��.u�as Secretary, whose names are signed to the foregoing instrument, bearing date the day of May, i 1970, have personally appeared before me in my 0,4— and State aforesaid, in name and behalf of the said Frcdcricktowne Company, made i oath that they are the President and Secretary of the said Fredericktowne ' Company respectively; seal affixed to the said instrument is the true and cor porate seal of said Freduricktowne Company; that the same has been affixed thereto by due authority. My Commission expires 117 7/ ,Goa v 51 a��a4 m so ? PARK I 10 ` 10siai N ' , N2w •?a@ 393 jzr a It�3Ct)-Jef 4 Q .L r 00 11, 65 a3 12: '"' o '�' 11,80o d hfEq 1P.14s.P o ® 64. 143 n b;l, RltiiE p'soo !d 49 4 n ii '•c Jr'v v aQ •• Wy/vf e'6 0t ) Yp - �� � s h,too*33 av " 37 y I R "F'�ociR ,'AND .c EA 17.3 e` cnxv �c FINAL PLAT FREDERICKTOWNE COMPANY •: ' "THE MEADMIS" SUBDIVISION' r OPEQUON DIST, FREDERICK COUNTY, VA. SCALE,M AY 19 TO „v ,' H. BRUCE EDENS, C.LS.- SHEET ..R — ry:'...q.. �..r. ,r'• A7': ".. lY't.:- m.... �.. ., i.•.i L •I. .�.�...b�. ..i..i ':i.:1w:.a a. ...^ J ......• s..1 .. .?... � .. .... • ��♦ 11_! e 333 666 DFS.TA�. CURVS NO.' : DEC. ' BIN. CURVE !Affix _ .... ' . . - -- --, -- -- - SEC.. BAD ICJ TAPIT; M �CF CHORD CHORD AMC 1 90 03 28.. : 20.00 .�• 20.02 31.44 28.30 N 38 28 06 x 2 .89 3 .�-•-322 " 20.00 19.98 31.43 23.80 ' 39_03 ' 26.08 36.75-L -26.08 - 26.08 36.75 202.36 Z73.76 28.27 22.43 33.12 24.Z7 .31.79 31.79� 24.z1 # --•- 24.27 31.79 190.62 ! 237.70 . N Si 31 54 B N 27 32 24 x j s 62 97 35 x s eo 59 45 x N o9 Co 15 x 1t 09 00 15 x ; i . 3 8o 59 45 w s 80 4 5 .45 x { N 09 00-15 x � ' S Z7 32 25 s '3 27 32253 3 5 ! 6 -6 68 12 �47 _ 74 43 105_-16125 05 55y�zo.00_ . 35- • _�_ - '. 20.00 20•.00 20.00 20.'00 13.54 ~29:54 1 15.27 26.19 _j�36.75_ �26.19 15.z7 15.27_. 26.19 ' 7 305 16 25 8 9 ., 74' -r43 74 ' 43•'• 35 :• 3S a 20.00 20.0D 10 105 .. 162j. .2D.00 U. 12 68 32 68' ` 32 05 05 .• 3.70.00 ' 230.00 W. 155.73 13 ' 86 ' . 34 . 58 . : 60.00� .56.52. 90.67 82.29 j N o zo 29 s •24 ,' 86 . 34 58 - -y2o.00. ` ..60.00 • 133.o5•' ^43.69 1e1.34 77.83 164.57 _ :97.35T N 0 2D 29 s 35 93 ` ' 25 :, :. 02 ,:.. N 89 39 31 x .16 :. 9; .' 25 _ 02 ]2o:0D ••127.38: 195.63 174.69 N 89 39 31 If CHOBDs Or ims ON CUtiV8 INo, '. CHORD moRn BSAR3NC 9 02 38 16 8` .7 67- 70.88 - A 39_ Sl 07 B -30 4731 F-'- a'69 45. 5� "-N 33 59..51.E _ d.32 33, 30 x 8 7b 55 02 Y - 15.89 15 -".. 16 _ �33:z4 - 1? 63.24 -- 7- .3`_ -- 21 22 . - -i3.24 63.24 23 3i. .49.82 - ls.bq 3,5z 34.06_x_ _ _ 801-51 8 lira 2926 x ''-°'s 32.48.5a_s _ 2 0.?o.24s N 89 39 31 x S1 _- 466. 230.25 75 •�z.zp� 6-87.35 V •�flTiT ICA': KO. . •' • . 54•ll•3'la�� • .. ,•�/ �isy-.+•• Cam"' -. � .i •i' .r•+ice.:'}Y ,tea 1.1�'...! ';•� •'�� � �•�- .. I 0 p Ll COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Lawrence Ambrogi, Commonwealth Attorney FROM: Eric R. Lawrence, Zoning Administrator&,",— SUBJECT: Legal Advice Concerning The Meadows Subdivision DATE: September 10, 1998 Staff has been approached to interpret the allowed uses of a lot in The Meadows Subdivision. The Meadows Subdivision is located on the south side of Route 277, between I-81 and Jamesway Plaza. The lot is presently listed by tax records as being owned by Mr. Lewis Costello. Mr. Costello would like to donate the lot to the Habitat for Humanity as a building lot. The 72,393-square-foot lot in question is identified as a `park' on the original subdivision plat approved by the County in 1970. Based on our research, the Zoning Ordinance in effect at the time of subdivision approval did not require open space (park land). Therefore, it is our belief that the `park' was established as an amenity for the development. A file memorandum indicates that the Fredericktowne Company initiated a lot transfer to the homeowners in the mid-70's, but the homeowners apparently failed to form an HOA. I spoke with the County Treasurer's Office to review the paid taxes for this lot. According to the Treasurer's records, taxes for the lot were abated in January 1998; Tibow was listed as the property owner at the time of tax abatement. Please provide a legal opinion as to whether the lot could be used as a building lot. Thank you. ERL/bah Attachment CC: John R. Riley, Jr., County Administrator Jim Doran, Director Frederick County Parks & Recreation U:\ERIC\COMMON\98LETTER\NEADOWS.WPD 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 MEMORANDUM To: Kenneth Y. Stiles, Chairman, Frederick County Board of Supervisors From: Robert Watkins, Director Qo Date: March 23, 1988 Subject: Status of Open Space in the Meadows We have looked into this and have found the deed of dedication, along with various correspondence on the open space. None give a definite description of the current status of the open space. The original deed of dedication reserves title for the park to Fredericktowne Company. Correspondence in 1976 described the intention of the Fredericktowne Company to give title to a property owners association or to the Parks and Recreation Department. Ownership was not transferred to the County, but we do not know if it was transferred to a property owners association. Tax records list Mr. Costello as the owner. The open space was probably not required by the County. From the standpoint of County regulations, there is probably no problem with developing the open space. There is a drainage easement through the lot. Please find attached the various materials described. Please let me know if we can be of further assistance. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 JUNE 1, 1976 reberiddofime Compaq Vast OWM Pax 358 J%- Phens CHU, pusinin 22£S5 "THE MEADOWS" Dear Property Owners: As you are probably aware, when Fredericktowne Company recorded its plat of "The Meadows" subdivision a parcel of land containing 72,393 square feet, more or less, was designated as a "park". This is bounded on the north side by lot 13 and on the south by lots 12-18, on the west by Meadow - brook Drive and on the east by Ewings Lane. The park is subject to a 15 foot drainage easement which runs through the middle of the parcel. Now that Fredericktowne Company has, with a few exceptions, sold out of this project, we desire to turn these parcels over to others, We feel that it would be appropriate if the property is conveyed to a property owners association composed of persons owning property in "The Meadows". We are ready, willing and able to convey the title to said property, at no cost to you, to a property owners association which is truly repre- sentative of the property owners in the subdivision. This letter is being written to all property owners in "The Meadows" with the hope that it will lead to the formation of such an organization. Fredericktowne Company will take no further steps to divest itself of this property for a period of 60 days from the date of this letter. There- after, however, in the event that a property owners association is not formed, we will feel at liberty to offer the property to the Frederick County Parks and Recreation Department for its use as a park, as a capital -raising venture or for any other purpose it feels appropriate. This could include the sale of the property by the Parks and Recreation Department and its use and sub- division as residential property. Fredericktowne Company will take no action to oppose such a resubdivision or resale of the property. It should be clearly understood that in the event that Fredericktowne Company does convey the property to a property owners association, Frederick- towne Company will no longer be responsible for the maintance of that parcel or for real property taxes on it. Should you have any questions about the contents of this letter, plese feel free to contact the Fredericktowne office. Sincerely,, FREDERICKT ANY President � cTzZ :E� IIk wIzaUYUI1 g u�' ^„;L�.�zitzn H. R'.^.NALA 3=RG . PLANNiN. CFRr_CTO? J. WILLIAM RILEY, III ZONING COC_ AZA:NISTRATOR Mrs. Laura F. Pifer Post Office Box 327 Stephens City, Virginia In Re: The Meadows Dear Mrs. Pifer: June 23, 1976 22655 ; S CCU-17 SQUAr = tMINCH=STEii, VI.RC;,`4!A 2?501 You have addressed a.very comprehensive list of questions to me that I can answer only with suggestions. On the general topic of "Homeowners Associations", I think you should talk with Air. Steve Locke at the"Lakeside Estates Townhouse Association or Ms. Barbara Ratcliff who is attempting to organize the owners at Lakeside Estates_ I think they can help you with what I am sure all will agree is a difficult task, but one that can be most satisfying if successful. Your questions on zoning and land division are somewhat easier to answer. None of the requirements of the Multi -family Zoning District, Section 24, apply to The Meadows. As to the sale of the lot -,.I think some legal advice will -be needed. It is my understanding of .the Deed of Dedication and County -Ordinances that the park lot could be sold if all the residents in The Meadows agreed to that change in the subdivision: I have not had an opportunity to walk over lot, -so I don't know if it could be divided into two (2) lots, but I do know that the drainage easement would make such a division more difficult. A last point -- can the lot be given to the'Department of Parks and Recreation, County of Frederick, Virginia? I do not think this department can afford to maintain the lot as a park; therefore, it is doubtful they would accept it. It would appear, then, that if a Homeowners Association can be formed, you would be able to do whatever you like with -the lot, subject to applicable zoning restrictions pertaining to commercial or other uses, for the enjoyment of the residents of The Meadows. Good luck. I hope you are successful. Sincerely, COUNTY OF FREDERICK, VIRGINIA H. Ronald Berg Planning Director flRB:fmd CC: J. 0. Renalds, III, County Administrator 703/ 6 0 2-4532 CC: William Pike, Director, Dept. of Parks and Recreation, Frederick County, VA. S uept ens J it : Vaa. 22655 cJ1Z.18 16, 1976 Lear TIr. Bero9 After discussing with you a Homeowners !association and t_e alternati,3es in regards to the recreational lot in the 1,Ieadows, I discusser the situation further with my husband. He and I want to look into the courses of possible action to the Fullest extent befote we ans-wer the letter from rrederickttovine company. I am enclosing the letter that they sent to us as well as the questions that have come to mind. A meeting is being called by some of our" ne ighuors for the second week in July* L"ef ore atte_sd i �_E the meeting we would like to know: 1. How do the citizens go about forming a Homeowners Association? 2. What would be the powers of such an organization? could they require all the residents to contribute to the taxes of the propertyf 3. Does Section 24-8, 24-8-1 , 24-8-2 apply to this particular piece of property under the November 1973 ordinances? Or do the p-resnt Ordinances apply? Or both? 4. can such an organization put in a pool and C`t7are membership fees? 5. can they sell the property and divide it (the money)? 6. Can the deed to the property be turned over to the 'arks and Recreation department? If so, can trey sell the property? If not, gnat are their obligations? 7. Under the site plan submitted for the 1, eadows, if this lot Was designated as a recreational area for t he residents, Does it have ht is considered to be recreational? to remain as such? If so, v These are some of the gaestionns that may or may not be anLY°rered by you and your office. :any help that you may be able to give would be very much appreciated. Any questions that do not pertain to your office, ,,could you please head me in the right direction? Thanks so much for your time and help. Sincerely, ,,14 a iura 1 . Fifei (firs., sober:: =fifer;ire Berg, De ar 1VIr • `r'hank �rou for the information that cane in 7eaUerda is mail. of ter looking throuSh it I find that I still reed i_1for:arGtion regarding the Ordinances prior to November 1973, especially t'Lzose pertaining to 20-1"'; 20-13; 20-20; 3-1; 3-1-26; 1' -3; 11-7; found on pages three and four o-' the judges decision, Any help in this direction vrould be more than appreciated. Thank you for your t ire and help a' ead7 rendered, Sincerely., Lal..1i a O .. .. ... ._._.�_._. �.........•• r. r••••••••••w ••• 31 '-Alm MEADOWS SUBDIVISION • DEED OF DEDICATION • :rax 363 r-r 658 THIS DEED OF DEDICATION AND DECLARATION OF PLAT for "TILE MEADOWS" SUBDIVISION, made and dated this day of May, 1970 WHEREAS, Fredericktowne Company desires to dedicate, plat and subdivide that certain parcel of land containing 33.566 acres, more or less, which comprises part of that certain parcel of land containing 31.5.15 acres conveyed to that corporation by Deed dated the 15th day of April, 1970 from Robert K. Stickley, Executor and Trustee under the Will of Mary Evelyn Stickley, Deceased, recorded in Deed Book 362 at Page 556 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia and a part of that certain parcel of land containing 2.421 acres conveyed to that corpora- tion by Deed dated the 10th day of April, 1970, from I Iarry.L. Fake and Mary Etta Fake, his wife, recorded in Deed Book 362 at Page 553 in the Office of the Clerk of the Circuit Court of Frederick County, Virginin, NOW TIIEREFORE, this Declaration of Plat. WITNESSETH: , The platting and / or dedication of the following described land, which lies a short distance South of Virginia Route 277 about one-half mIle East of Stephens City in Opequon Magisterial District, Frederick County, Virginia, is with the free consent and in accordance with the desires of the undersigned owner, Fredericktowne Company, a Virginia Corporation, as evidenced by the signature of its President and attestation of its Secretar; Beginning at an iron pin in the South boundary line of Virginia Route 277 at the Northwest corner of the Guard Lot•, thence with the two following courses there- of; S 07 deg. 23 min. 12 sec. W-418.37 ft. to an iron pin; thence S 61 deg. 38 min. 27 sec. E-203.60 ft. to an iron pin at the Southwest corner of the Bowman 1 and; thence with the said Bowman Land S 61 deg. 55 min. 23 suc. L•-915.32 ft. to a post at the Southeast corner of the Bowman Land and the Northwest corner of the Neff Lot; thence with the West lines of the Neff lot and the I1 i twx 353 rA a 650 3) Set Back Lines: No structure including covered porches or coverer patios shall be less dole 'Thirty (30) feet from any street shown on the attached Plat. The minimum side yard for ench main structure shall he Ten (10) feet with the width of both side yards a minimum of "twenty (20) feet. arch main structure shall have a rear yard with a depth of Thirty-five (35) feet or more. 4) Eaecments: There shall he service easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date ench lot is conveyed, or sivill be located as such utilities are actually extended to the individual lot after the call for connec-tion by the lot owner. 5) Further Subdivision: No lot on the attached Plat shall at any time be subdivided, conveyed, leased nor sold except as a whole, unless such ' subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of sub- division, conveyance, lease or sale results in the lots bring created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the Plat which is recorded j with this Deed of Dedication of this subdivision. i 6) Fences: No fence, hedge or other visual harriers shall be erectc•c in the front yard of any lot shown on the attached Plat; fencing of back }•arils may include side yards to a limit of one half the depth of each dwelling. X11 fences, hedges or similar barriers must be kept in good repair. 7) Surface Water: No owner of any lot shown on the attached Plat shall interfere with the natural drainage of surface water from such lot to �. the detriment of any other property shown on said Plot. 8) Sanitation: No septic tanks or wells shall be constructed upon f�! any of the said orts shown on the attached Plot. i 9) Sins: No billboards or signs of any kind shall be crcctc•d, main- tained or disp eyed for any commercial purpose, except for temporary signs advertising the sale or rent of real estate on which such sign is located with no sign to exceed Six (6) square feet in area. 10) Vehicles: No commercial vehicles or traders, mobile homes or campers shall be kept on any numbered lot shown on the attached Plat ! i except during the course of construction or addition to buildings, unless they are housed in suitable shelters. No vehicle may he parked for a period i greater than Ninety (90) days on any numbered lot As shown on the attached Plot nor on any platted.strcct which vehicle does not have a currently valid Virginia inspection windshield sticker. • i 11) Unimproved Lots: All unimproved lots shown on the attached Plat shall be kept free of undergrowth, brush, trash and debris. In the event any lot shall not be so kept free, the Grantor may remove the same after Ten (10) days notice to the lot owner by certified or registered mail and may assess the cost thereof to the owner and the failure to pay the same within Ninety (90) days shall constitute a lion upon the lot sold here- under. -3- f i fo STATE OF VIRGINIA ry 3,33 PAGE GG2 of ,�j/�� To -wit: a Notary Public in and for the State and ✓ afores id,�certify that as President an /�aSS �,t�'�6'✓,..as Secrctary, whose names are signed to the foregoing instrument, bearing date the /J /-- day of May, 1970, have personally appeared before me in my a and State aforesaid, in name and behalf of the said Frcdcricktownc CoCompany, made oath that they are the President and Secretary of the said Fredcricktowne Company respectively; seal affixed to the said Instrument is the true and cc. porate seal of said Fredericktowne Company; that the same has been affixed thereto by due authority. My Commission expires Q,,i, /a, 1 17 7/ Given under my hand and seal this day of May, 1970. �Y � i O F it '1 A• �i4'% •� Notary Public . ICI • 1... SEAL: / I �'PIG , stf?Q2i 1 ,per Tr 18,3£4 !? 9 51 13,040,d �t T Tt v .0 . m J0,233f 13' R PARK ! .� �$ Ip ". 1 • a T2,b8b'rir�GOld 2t Lt hf�o p OI.,C�1 IP,143 W. G� • ^Z• 1 ' z " 4C' I y3... .y. 61 -' 140.00 !r �lXf 60 11 800x • 1133" 40 ^r 3 28 a14 lr� 19,o s p',. •1129 es, 'Boos 30. rr,B� 31 •.. . �.00l :. .r! a$•� E 00 �0o,w r/,33 ,cr fto v 3g !! o FINAL PLAT­ FREDERICKTOWNE COMPANY 'THE MEADOVIS" SUBDIVISION' OPE4UON DIST. FREDERICK COUNTY, VA. MAY 19TO SCAI-E1 N- ^ t H. BRUCE EDENS, C.LS. SHEET 2 OF 4 333 r r E GG6 pm KUWAS" SUBDIVISION 7" CURVE TAMS DMTA CURVE No," DEG. min. Sm. F TAN M1.7 CWRD CHORD AMG 1 90 03 28. 20.00 20.02 31.44 28-30 N 38 28 06 W 2 89 56 32 20.Ob 19.98 31-43 28.Z7 I 23.80 22.43 .1; 51 31 54 3 N V 32 3 68 12 05 20*00 23-54* 4 % 5 -. M 47 5342 7 43 35 20.00'. 20'. OQ 20.00 29:54 2327 _j26.08 . 26.1.!.. 39.03 "u _ 24.Z7 6 9 3 62 97 35 W S 80 59 43 W N 09 00 15 w 7 3M 16 23 2D.-OD 26.19'. 36.75 3L7,.9 N 09 00 15 W 8 74'-- 43 35 a20.00 2D.00 15.27.I 26 .27 j 3 80 5945 .9 43 35 15.Z7, 26-19 26.08 24.27 36.75 31-79 a so 59 45 W j 9 09 OD 15 W 10 103 16 .23'.. 20.00 21 68 12 05 --170.00 W. .36-1190.62 S 27 39 23 1 12 -13 68' `'12 .03 86 34 230.00 60 M 153.73 -.56.52. Z73.76 !257.90 90.67 82.29 -S 27 12 23 X N 0 20 29 9 .34 .66 34 58 -120-00. 233-05' 161-34 164.57 9 020 29S 25- 93 25-.':':..O2,-- 60.00: 63.69 97-83 87.35 S893931W .16 120= 127.38 193.65 2.7j.69 1 89 39 33. W CHORDS OF LOTS ON CURVE im No. CHORD CHORD BMARPIG S 02 38 16 1 .7 Ja 5 20 08 50 3 3 54 2-1 ZZ 39-51 07 3 . .......... :- 9.63 . . . . . . ..... -63-24� 3C 47 31 9- 17 63.24 0 -0 29.86 21 63.24 N,32 3.1 39 2.:i 63 U S 76"55 02 w 23 N-56 3 -103,31-ILE 29..26 W N 89 39 31 w 5 66. ----...49-82 -130.23 76 87-35 14 .2r of L CA 54-17-3 WI'L I 0. I Parks and Recreation Department James M. Doran, Director 540-665-5678 FAX: 540-665-9687 MEMO To: John R. Riley, Jr. Count Administrator From: James M. Doran /4 Subject: The Meadows division, Lot #12 Date: September 8, 1 8 Upon consultation with the Planning Department on the issue of Lot 12 "dedicated as Park" in the Meadows Subdivision, it is the opinion of the Planning Department that Lot #12 must remain open space or "Park" as recorded on the Deed of Dedication and Declaration of Plat for the subdivision. If you should have any questions or need additional information, please let me know. JMD/sm Attach 107 North Kent Street Winchester, VA 22601 LAND Ji RACEY LAND FINAL PLAT FREDERICKTOWNE COMPANY "THE MEADOWS" SUBDIVISION OPEQUON DIST. FREDERICK COUNTY, VA. MAY Iq-7q j uy ' H. BRUCE EDENS , C.L.S. yam_ of Wipe RITENOUR LAND tom, �:r;,. i1:;•�`i+,�� s-. h P44Rk \ C ESTATE OF LEWIS M. COSTELLO P.O. Box 2527 Winchester, Virginia 22601 Telephone (540) 722-5288 Fax (540) 722-3564 September 28, 1998 Mr. John Riley County Administrator County of Frederick 107 North Kent Street Winchester, VA 22601 re: 72,393 s.f. "Park" tract - Meadows S/D Dear Mr. Riley: In compliance with the legal opinion of Mr. Lawrence Ambrogi regarding the above captioned parcel, we hereby formally request that its dedication in the Deed of Dedication and Declaration of Plat for the Meadows Subdivision, dated May 11, 1970, be vacated. The purpose for this action is to use the land lur construction purposes. Sincerely, Jo". Costello Co -executor Lewis M. Costello, Co-execuior cc: James Longerbeam, Chairman - Frederick County Board of Supervisors Eric R. Laturncc, Zoning Administrator f c�� Q. `���'� tek", I 000e�ttt�r arir t f � COUNTY OF FREDERICK t� LAWRENCE R. AMBROGI Commonwealth's Attorney CHARLES W. STANSFIELD Administrator JANET P. DICK Office Manager OFFICE OF THE COMMONWEALTH'S ATTORNEY 107 NORTH KENT STREET WINCHESTER, VIRGINIA 22601 (540) 665-6383 FAX (540) 667-3454 September 15, 1998 Eric R. Laurence Zoning Administrator Department of Planning and Development County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: Meadows Subdivision Dear Eric: JAY D. COOK, III Assistant Commonwealth's Attorney GLENN R. WILLIAMSON Assistant Commonwealth's Attorney VICTIM/WITNESS DIRECTOR 665-6369 / 667-3454 FAX Before the "Costello" lot in the Meadows Subdivision can be used for construction purposes the owners of the lot must first follow the statutory procedure to vacate its dedication in the Deed of Dedication and Declaration of Plat for the Meadows Subdivision, dated May 11, 1970. LRA/lu cc: John R. Riley, Jr. COUNTY of FREDERICK Departments of Planning and Building 703/665-5650 MEMORANDUM To: Kenneth Y. Stiles, Chairman, Frederick County Board of Supervisors / From: Robert Watkins, Director go Date: March 23, 1988 Subject: Status of Open Space in the Meadows We have looked into this and have found the deed of dedication, along with various correspondence on the open space. None give a definite description of the current status of the open space. The original deed of dedication reserves title for the park to Fredericktowne Company. Correspondence in 1976 described the intention of the Fredericktowne Company to give title to a property owners association or to the Parks and Recreation Department. Ownership was not transferred to the County, but we do not know if it was transferred to a property owners association. Tax records list Mr. Costello as the owner. The open space was probably not required by the County. From the standpoint of County regulations, there is probably no problem with developing the open space. There is a drainage easement through the lot. Please find attached the various materials described. Please let me know if we can be of further assistance. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 JUNE 1, 1976 eX post office Pax 358 o$ *Aens 44%, PirgiKix 22655 "THE MEADOWS" Dear Property Owners: As you are provably aware, when Fredericktowne Company recorded its plat of "The Meadows" subdivision a parcel of land containing 72,393 square feet, more or less, was designated as a "park". This is bounded on the north side by lot 13 and on the south by lots 12-18, on the west by Meadow - brook Drive and on the east by Ewings Lane. The park is subject to a 15 foot drainage easement which runs through the middle of the parcel. Now that Fredericktowne Company has, with a few exceptions, sold out of this project, we desire to turn these parcels over to othersf We feel that it would be appropriate if the property is conveyed to a property owners association composed of persons owning property in "The Meadows". We are ready, willing and able to convey the title to said property, at no cost to you, to a property owners association which is truly repre- sentative of the property owners in the subdivision. This letter is being written to all property owners in "The Meadows" with the hope that it will lead to the formation of such an organization. Fredericktowne Company will take no further steps to divest itself of this property for a period of 60 days from the date of this letter. There- after, however, in the event that a property owners association is not formed, we will feel at liberty to offer the property to the Frederick County Parks and Recreation Department for its use as a park, as a capital -raising venture or for any other purpose it feels appropriate. This could include the sale of the property by the Parks and Recreation Department and its use and sub- division as residential property. Fredericktowne Company will take no action to oppose such a resubdivision or resale of the property. It should be clearly understood that in the event that Fredericktowne Company does convey the property to a property owners association, Frederick- towne Company will no longer be responsible for the maintance of that parcel or for real property taxes on it. Should you have any questions about the contents of this letter, plese feel free to contact the Fredericktowne office. Sincerely, FREDERICKTOWN PANY : ____ G,. President Department of Plauning aub pefalelopment Rt. 1 - Boa M73 Stephens City, Va. 22655 June-16, 1976 n ,._ Dear Mr. Bergs,,. - q After discussing with you a Homeowner a Association and the alternatives in regards to the recreational lot in the each vs, -I discussed the situation further with mg husband. He and I want to look into the courses" of possible action to the fullest extent before we answer the letter - from. Freder icktowne Coimpany. I am enclosing the letter that they sent t6 us as well .ad the questions that have. come to mind, A meeting is being called by some of our neighbors for the second week in July. Before attending the -,meeting we would like t o " hnorw t 1, How citizens go about forming .a Homeowners As soc is t ion? h+�► 2. Wtdwould be the powers of such:... an organization:?- Cold .they require all the residents to contribute to the tames of the propertyl a. 3. Does Sect ton 24-8, 24-8-1, 24-8-2 apply to this particular .p iees of ,property under the. November 1973 ordinances? Ordo the presnt Ordinances apply? Or both? 4. Can such an organIzabion put in a pool and char#e membership fees? 5. Can they sell the property and divide it (the money)4 . 6. Can the deed to the property, be turned over to the Parks and Recreation department? If so, can they sell the propertyq If Wit, vrat are their obligations 7. Under the site plan submitted for the Meadows, if this lot was designated as a recreational area for the res identtl, Does It have to remain as ;such.? If so, what is considered to br rdvreational?, ' ` These are some of the questions that may or may not be answered by you and your office. Any help that you may be able to give would be very much appreciated. Any questions that do not pertain to your office, would you please head one in the right direction? Thanks so much for your time and help. Sim er e ly, ura Fe Pi (Mrs. Rober Pifer. -Jr.) BRUMBACK LAND 0A GS 40 00 lalood 2% 10 1 04 40 0 flA 400 .00-- rpN- 0,4; 00 to 499 4 13, 430 d a c, �5-0- a D w GUARD LOT 140.0,0 I I, SOO jzf 47 11. c"Go b n, 140.-O(Y 48 45 ca r 11,033 Ia44 1-4 11, 0.34 43 14 L-G-T-- 42- 142.10* ...... 41 12, CO-1 C3 40 In (2), 0 L) 3 142.04 EZZ) g L 0�1 'A po co, N E F F LOT APPROVED Fc�,� C'"NT:i.,L WATER 1, Ly— 'i VA. DEPT. OF mrwk�,,ays VA. DEPT Cr NEALTH e- N.C. C�:OWGZR, u-jo. DIRECTOR s74h Ff A- 5 5aT COUNTY EDARD OF SZJPERViSORS, CH RC:iA[J THE AEOVE t-IND FOR,7-M4-',3� "l'UMVISIM 0- THE aS- f,,PPZr-Q,-S IN y YMS FLIA IU UJI1 TE'-T FREE AND IN I ACCOMAN"'E VJITI-1 THEZ D'Z-SMES OF THIZ. UN'C'ER- AIND TRUSTEES IF ANY. F c 2, t yo.�V Grl *', A 1114 y POCEMIT S. E,^.R'-7*0oUR, �`ZC7=,QRY 1 C�7,'FY Th',AT rX,'-z LA'M IN Lr�"M TO -:2 Z:Z AND D=-'- a= Z=,, PAL e3s. J7 2' H. LRUCE EDENS, C.L.S. "Thlor.E- KEADU,�"JS" SUBDIVISION OPE-QUON DIST. F R: E DEE R CK COUP TYID VA. I 1 1.1 AY 19 7 0 IC A L E - I 10 H. BRUCE ED"ENS, C.L.S. NOTE 1. O'j t!-L La?s. Z3* C"JILML-2i F--`jTR1,-,TL c1l FZ 0 11 I do RACEY LAND 0 "c3i 13 LAND % to' C FINAL PLAT FREDERICKTOWNE COMPANY "THE MEADUJVS" SUBDIVISION OPE'QUON DIST FREDERICK COUNTY, VA. MW 19 7(� 41 S1CALE-. I =100 H. BRUCE EDENS , C.L.S. SHEET 3 OF 4 14, RITENOUR LAND -1k N - - ------------ 60f -.load P4, RK N4257 '00 "W — 213.59 Q �Z �O �N LOT 22 O S2B' A9 AREA TAEULAT I ON -� 0 li 1' I N A L? R E S U R V E Y� AEA Ai,EA { LOT 21 17,475¢ 17,475� LOT 22 22, 704 _ 2' ; 64Y I I 1 7A� LOT 21 n,. ... �v lie r 00 0Na4 `Jyr pR�VE ooV � 0 I i THE ABOVE AND FO1it_ ,l I vG, IZL�UMI I V 1 S 1 )N i OF LOTS 21 AND 22 Of "THE :�iLAOOWS" SUBDIVISION AS APPLA1\ZS THIS PLAT IS WITH THE FRIL CONSENT AND IN j ACCORDANCE WITH THE DES 1 1,LS OF THE UNDERSIGNED OWNERS, IIROPIi I tTO:S AND � TRUSTEES, IF ANY. / I HEREBY CERTIFY THAT THE. LAND C'ONT•A I NED IN THE AFOI,ESA 1 D LOTS AND 22 OF "THE MEA001V°1S" SUBDIVISION i .S A PORTION OF THE LAND CONVEYED TO f FREDERICKTO1t,NE_CO. 13Y DEEDS DATED 15 APRIL'197Q IN DEEDCOOK 362 PACE 553 AND DEEDBO04K 362 PAGE 5561 & SUSD. PLA s I DD.363 P. 655. H. Fslr'UCE EDENS, C.L.S, i u R. BRUCE EDENS CERTIFICATE No_ Y 54-17-3 (a)965 �b 54-11.3 (b)162 � T��'FU LAND vv�L�r.l rjrrn,i t r�i vuiiY's.t P. . no ,� n r. �e 6 �x i' Witichest-r. Va. . VA. i.;LP _. :V VA. DLPT. OF HEALTH i 6ANi T \\IAN I Fi,E )U\' I C; Cam;; TY i;1:::;� ,iji E f,V 13 OiZS CHA I N',%IAN A0M i `v I STIRZATOi` FINAL PLAT 1'EStJB,D I V I SI ON OF LOTS 21 AND 22 "TIiE :•ILAi)CWS" SUF D I V I S I ON OPEJUON DISTiZICT, FI:EDEI:IL COUNTY, VA. i -SCALE. 1 "=50, "C t BER 1 971) PRLI'AKEiD FY ; r,�,FE 4AY INGINEEIZING;'&'- 3URVEYING CO., I`tiC. . 1" . 0. SOX 666 '4 I NCHESTEiZ, V I i G i N IA 22601 SHEET I OF I �r •r ;a•I r K 3991 'FAcE 42 N42057 "00 "W — 215- 59° 60. /, 1M.88 t4 \ N ' LOT 21' LOT 22 I -SA0. I AREA TABULATION OR I G I NAL ! RESURVEY I AREA AREA LOT 21 17,475' 17,475 LOT 22 22, 764' ! 22, 764 � THE :ABOVE AND FOREGOING RESUBDIVISION OF LOTS 21 AND 22 OF "THE :4EADOWS" SUBDIVISLON AS APPEARS IN THIS FLAT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE i UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. ;77/[ ,7 •Tr �� f i I HEREBY CERTIFY THAT THE LAND CONTAINED IN THE AFORESAID LOTS I 21 AND 22 OF "THE MEADOWS" SUBDIVISION 1 IS A PORTION OF THE LAND CONVEYED TO FIZEDERiCKTOWNE CO. BY DEEDS DATED 15 APRIL 1970 IN DEEDBOOK 362 PAGE 553 AND UEEDBOOK 362 PACE 556, & SUBD. PLAT IN 06 .363 1) . 658. i!i t-care . If. BRUCE EDLNS, C.L.S. O��E�LT ®,c.�f H. BRUCE EDITS x CERTIFICATE No. 54.11.3 (0965 '�0�14*17-3 (b)162 0 LAND 91� APPROVED FOR CENTRAL WATER AND CENTRAL SE7dERAGE. VA. DEPT. OF HIGIIWAYSI Vp, . -EPT. �F HE LTH H. C. Ci�UWDLh { U I I%LC'T01�� RES. ENG. SANI ARIAN !� FREUE12-4CK COUNTY BOARD Of j I'ERV i SORS ' CHA I R'•IA{' Dhi I N STi\'ATUR FINAL PLAT RESUBUIVISIUN OF LOTS 21 AND 22 I "TILE hICAUOtiVS" SUED I V I SI ON i OPEUUON DISTRICT, F12EDER I CK COUNTY, VA._ SCALE ; I "=50' y UCTOBER I t)72 PREPARED 6Y; 3REENIJAY ENGINEERING tf SURVEYING CO., INC. !'. U. 60X ti()ti tiJ l NCIILSTEN, V I R"G I N I A 2260 ,SIIEET I OF i VIRC'NIA FRCOCRICIt COUNTY, SCT. Tnil inc rumo of writing was produced to me on tho ,••_„ S— day of ��''<' ' L2 U at r and with cerlificato of acknowledLment thereto annoxod was admlt'" to rucvrd. i;i'ihY EtiG'�.E�f',G itS,►?'JrYSt�G CO., 1!�C, u P. 0. Box GSG Winchester. Va. 3• 0 N , •rwrwwrrrwrrwwwrrrwwwrwwrw . 51 w , E MEADOWS SUBDIVISION DEED OF DEDICATION • O.C"')X 363 R.;r. 658 THIS DEED OF DEDICATION AND DECLARATION OF PLAT for "TILE MEADOWS" SUBDIVISION, made and dated this /i 4 day of May, 1970. WHEREAS, Fredericktowne Company desires to dedicate, plat and subdivide that certain parcel of land containing 33.566 acres, more or less, which comprises part of that certain parcel of land containing 31.545 acres conveyed to that corporation by Deed dated the 15th day of April, 1970 from Robert K. Stickley, Executor and Trustee under the Will of Mary Evelyn Stickley, Deceased, recorded in Deed Book 362 at Page 556 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia and a part of that certain parcel of land containing 2.421 acres conveyed to that corpora- tion by Deed dated the 10th day of April, 1970, from I larry L. Fake and Mary Etta Fake, his wife, recorded in Deed Book 362 at Page 533 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. NOW THEREFORE, this Declaration of Plat. WITNESSETH: + The platting and / or dedication of the following described land, t which lies a short distance South of Virginia Route 277 about one-half mile East of Stephens City in Opequon Magisterial District, Frederick County, Virginia, is with the free consent and in accordance with the desires of the undersigned owner, Fredericktowne Company, a Virginia Corporation, as evidenced by the signature of its President and attestation of its Secretary. Beginning at an iron pin in the South boundary line of Virginia Route 277 at the Northwest corner of the Guard Lot; thence with the two following courses there- of; S 07 deg. 23 min. 12 sec. W-418.37 ft. to an iron pin; thence S 61 deg. 38 min. 27 sec. E-203.60 ft. to an iron pin at the Southwest corner of the Bowman Land; thence with the said Bowman Land S 61 deg. 55 min. 23 sec. E-915.32 ft. to a post at the Southeast corner of the Bowman Land and the Northwest corner of the Neff Lot; thence with the West lines of the Neff lot and the I 17 F I Y'ODK 3 )3 FAA 65)5 Ritenour [and S 43 deg. 37 min. 58 sec. W-1589.78 ft. to a post, corner to Ritenour in the North Line of the Racey Land; thence with the said line of Racey N 42 deg. 57 min. 00 sec. W-578.79 ft. to an iron pin at the Southeast corner of a ten foot reserved strip along Ewings Lane retained by the said Fredericktowne Company; thence with the seven following courses thereof; N 20 deg. 47 min. 52 sec. E-310. 19 ft. to an Iron pin; thence N 19 deg. 12 min. 07 sec. E=86. 66 ft. to an iron pin; thence N 07 deg. 06 min. 19 sec. E-86.58 ft. to an iron pin; thence N 05 deg. 06 min. 40 sec. E-278.47 ft. to an iron pin; thence N 03 deg. 35 min. 22 sec. E-103.36 ft. to an iron pin; thence N 06 deg. 33 min. 38 sec. E-564.25 ft. to -an iron pin; thence N 04 deg. 44 min. 25 sec. E-304.33 ft. to an iron pin at the Northeast corner of the said ten foot reserved strip in the South boundary line of Virginia Route 277; thence with the said boundary line of Virginia Route 277; S 83 deg. 29 min. 50 sec. E-289.99 ft. to the beginning. This real estate is the same real estate as described by the metes and bounds hereinabove and is shown on the attached Plat dated the llth day of May, 1970, prepared by H. Bruce Edens, Certified Land Surveyor. The lots in this subdivision are specifically subject to the following covenants, conditions, reservations and restrictions which shall apply to each and every lot shown on the attached Plat except where reserved as herein provided. 1) Residential Use: Each lot shown on the attached Plat of "THE MEADOWS UBUIVISION shall be used for residential purposes only, except for lots specifically designated commercial thereon. Not more than one singl family dwelling house shall be erected on each said lot, except that duplex homes (meaning single structure two-family dwellings) may be erected, but only upon a minimum of one and one-half lots as shown on the attached Plat. Such one and one-half lots shall be deeded as a single tract for each duplex structure, subject to the "Further Subdivision" limitations otherwise stated hereunder. No business or occupation of any kind other than a home occupa- tion shall be carried on or permitted upon subject residential lots. A home occupation is defined,to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premise 2) Character of Building: No building shall be erected upon said lot shown on the attached Plat which shall contain less than Nine Hundred Sixty (960) square feet floor area for a single story building, nor Six Hundred (600) square feet ground floor area for a multiple story dwelling and such structures facing a street must be at least Twenty-five (25) feet wide. Such areas shall be exclusive of porches, patios, carports, basements and attics. Any garage, carp rt or car shelters, pet shelters or dog house constructed on said lots shall a attached to and be a part of the main structure. Any building commenc upon each lot shall be completed within twelve (12) months from the dat of commencement. No trailer nor mobile home shall be placed upon any lot no storage or temporary structure shall be placed upon or erected upon a,y lot shown on the attached Plat. Fredericktowne Company reserves the rt t-todetermine what structure is to be regarded as a two story dwelling so long as any lot in the subdFyv`is_ioqis unsold. Thereafter, this covenant will be enforceable by any lot owne -2 - 60-OK 353 Fa,E 660 3) Set flack Lines: No structure including covered porches or coverf, patios shall be less than Thirty (30) feet from any street shown on the attached Plat. The minimum side yard for each main structure shall he Ten (10) feet with the width of both side yards a minimum of "Twenty (20) feet. Each main structure shall have a rear yard with a depth of Thirty-five (:35) feet or more. 4) Easements: There shall be service easements for each lot for all public utilities upon any of the lots shown which shall exist at the location of such utilities at the date each lot is conveyed, or shall be located as such utilities are actually extended to the individual lot after the call for connec- tion by the lot owner. 5) Further Subdivision: No lot on the attached Plat shall at any time be subdivided, conveyed, leased nor sold except as a whole, unless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of sub- division, conveyance, lease or silo results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lots as shown on the Plat which is recorded with this Med of Dedication of this subdivision. 6) Fences: No fence, hedge or other visual barriers shall be ercctc in the front yard of any lot shown on the attached Plat; fencing of back yards may include side yards to a limit of one half the depth of cacti dwelling. All fences, hedges or similar barriers must be kept in good repair. 7) Surface Water: No owner of any lot shown on the attached flat shall interfere with the natural drainage of surface water from such lot to the detriment of any other property shown on said Plat. 8) Sanitation: No septic tanks or wells shall be constructed upon any of the said lots shown on the attached Plat. 9) Suns: No billboards or signs of any kind shall be erected, main- tained or displayed for any commercial purpose, except for temporary signs advertising the sale or rent of real estate on which such sign is located with no sign to exceed Six (6) square feet in area. 10) Vehicles: No commercial vehicles or trailers, mobile homes or campers shall be kept on any numbered lot shown on the attached Plat except during the course of construction or addition to buildings, unless they are housed in suitable shelters. No vehicle may be parked for a period greater than Ninety (90) days on any numbered lot as shown on the attached Plat nor on any platted. street which vehicle does not have a currently valid Virginia inspection windshield sticker. 11) Unimproved Lots: All unimproved lots shown on the attached Plat shall be kept free of undergrowth, brush, trash and debris. In the event any lot shall not be so kept free, the Grantor may remove the same after Ten (10) days notice to the lot owner by certified or registered mail and may assess the cost thereof to the owner and the failure to pay the same within Ninety (90) days shall constitute a lien upon the lot sold here- under. -3- !nK 363 rArE 661 12) Enforcement: The provisions herein contained shall run with and bind the land and each is enforceable by Fredericktowne Company, its assigns and successors in title and by any owner of any numbered lot. And the failure of any of them to enforce any covenants, conditions, reservations or restrictions contained herein shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. Furthermore, the declaration of invalidity of any one or more of the provisions herein contained shall not affect the validity of the others. All of the covenants and restrictions herein shall be binding and remain in full force and effect until July 1, 1985, and shall be renewed thereafter automatically for additional successive Ten (10) year periods, unless the owners of a majority of the subdivided lots in this subdivision shall, at least Six (6) months prior to any such renewal date, execute and record an agreement superceding, altering or abrogating the covenants and restric- tions herein contained, and record such agreement among the land records in the aforesaid Clerk's Office'and giving public notice by publishing such proposed agreement superceding, altering or abrogating the covenants and restrictions herein or any one or more of them, at least Six (6) months prior to the expiration of any such period in some newspaper having general circulation within Frederick County. 13) Animals: No livestock and fowls, such as cattle, horses, hogs, goats, sheep, turkeys, ducks and chickens, shall be kept or main- tained on any lot. 14) All land areas other than streets have title reserved in Fredericktowne Company and are not, because of any designation as park area or otherwise, dedicated thereby to public use. 15) Fredericktowne Company reserves the right alone to waive any one or all of the restrictive covenants, conditions, reservations and restrictions as to the sale or transfer of any future lot or lots except that it cannot reduce lot size nor change the development from residential to commercial except as shown on the Plat at the date of record. This waiver shall not affect the binding effect of the covenant's conditions upon any other lots. Fredericktowne Company does further reserve the right alone to impose additional restrictive covenants, conditions, reservations and restrictions as to the sale and transfer of any further lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 16) The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Fredericktowne Company, its assigns or successors in title, or adjoining, adjacent to or otherwise related in any way to "THE MEADOWS" SU13DIVISION as shown on the attached Plat. FREDERICKTOWNE COMPANY By C1 cd f .d Pr sident S,ecaetary ?� _. -4- 1 STATE OF VIRGINIA 3.63 Pa6E 662 ofTo-wit: I, , , a Notary Public In and for the State and _S ✓ afores. id, hereby. certify that as President /'I,. Secretary, whose names are signed to the foregoing instrument, bearing date the day of May, 1970, have personally appeared before me in my and State aforesaid, in name and behalf of the said Fredericktowne Company, made oath that they are the President and Secretary of the said Fredericktowne Company respectively; seal affixed to the said instrument is the true and cor, porate seal of said Fredericktowne Company; that the same has been affixed thereto by due authority. My Commission expires 9)1 7/ Given under my hand and seal this l/1 / day of May, 1970. Notary Public v P" k x BRUMBACK LAND 'A`2 &\ , C� GO 0�o ® sp o emu► p t �p0 .0 0�r3 �A b®� [.1 AA00 $ 1 O0."� POD r : y v�,� ,a lop GpM A es \ 49 w - ^� 13.458 �z.zl' 3r3 W_._ f GUARD LOT 140.00 .�-- �m m '' 8 1148800 g m .-- • APPROVE cr.�IT;taL WATER m m,ro V#. DEPT. QF HIGHWAYS sby VA. DEPT OF HEALTH 47 OO --- ' ----- H.C. CROWDER. RES. ENO. DIRECTOR ,,.•$i"' i m i D p 46 :. } M $i11,818 F R-�EDDEERIICCK COUNTY BOARD OF.SSPERVISOR%S�' (dO.42'— lIt f ..I��i'S��9e�• L-_"= � '..:c _ _�''_ti� •! 1;%l� 1 „� • m CHAIRMAN— ADMINISTRATOR 0 a 45 D �$ 11,838 ,d g BOWMAN THE ABOVE AND FOREGOIt:G SUBDIVISION OF Z4 Z -?__ + LAND THE FREDERICKTOWNE COT4PANY.AS APPEARS IN ITS 9:� 84r-"-1 THIS PLAT IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDER- 44 O1j SIGNED OWNERS, 7PRIETOR3 AND TRUSTEES '$ 11+ 834 � g 1F Al r r. f•1. FREDERICKTOWNE COMPANY ROBERT S. BARBOUR. SECRETARY 43 11, 871 ,d 8' 1 HEREBY CERTIFY THAT THE LAM IN � THIS $UiNIS A PORTION OF THE C ; LAt•JO CONVEYED VcYEO TO FRED'J2tCKTC'wi� CO. t m ' •' r d , BY OCEDS DATED IS APRIL 1970 IN DCED m a 42 u� �d y� BOOK 3S2 ME 553 AND DEEDSOOK 362 l 11, 888 1� $ _ �r^ PL9GE MS. I -`142.10' — � �5� 1t, 3 0�,� H. BRUCE EDENS, C.L.S. I --- w 4112,007 le $`v!m ?� 5S•11J (D;1u: �� ' � 14732"?ro _ w 40 a,m �_.__..._._..._...__�_._ 12 025 x $+ �;r• � � � __.._FINAL^PLAT.... _._... • .Y �`-�Z� .'i THE MEADOWS" SUBDIVISION f 1294r' 484 "{ s 39 wi OPEQUON DIST. A a 133289wi FREDERICK COUNTY, VA.ADO 1 j nooj� 4J.09, II MAY 1970 _ ea Ooft— aRiVE' 60• _._ _ _ SCALE loom 100� i B8.j5aT-r OF H. BRUCE EDENS, C. L.S. 8, ro 36 �' SHEET 1 OF 4 !?, So8 1 NOTE 9� 43QO ;; 1. 30' FRO?IT BUILDING RESTRICTION LINE ON ALL LOTS. +�/ 2. 10' RVIED CI D STRIP ALC':TINGS LANE RETAINED 8•3=- — BY FREDERICKT1t WNE COUFAWY. + NEFF LOT O � - �-_SANITARIAN -� Y 9 1 4 0 6. PARK 10, 10, 1471 M 4 0 1, TC 0 X lo >6 12,300-jzr- Q ;o to 146.00' let 1 65 MEq 41 11,90ox 12,143.zr -j 64ti 49- 47 w O 45 w z 4 AL 42 se.-o-dA,�y!-a -"URook I 49000,6 xcs tooOo : ca. 00, 900A, eg 18,00 Soo Soo FIN AL PLAT FREDERICKTOWNE COMPANY, "THE MEADOVIS" SUBDIVISION' OPEQUON DIST. FREDERICK COUNTY VA. MAY 1970 SCALE- 1"-10,d H. BRUC,E, EDENS, C.L.S. SHEET 20F.4,�,, A 7'- i. a 1.4 A LAND LI "%A'L NO. r-'17-3 I I B'RU"'PA LAND aocK 3fl3 F,, ,� ►^'!'J) STRIP, RACEY LAND FINAL PLAT FREDERICKTOWNE COMPANY "THE MEADUNS° SUBDIVISION OPEQUON DIST. FREDERICKCOUNTY , VA. SCALE:MAY 197(� H. BRUCE EDENS , C.L.S. SHEET 3 OF 4 60 0 25 �. d '4 26 RITENOUR LAND tom`~ { °�- CURVE TAEg.E _... -DELTA.. CURVE NO, DE WDII SLC. RADIUS TANCWT M . CHORD CHORD MAMG 1 90 03 28. 20.00 Y. 20.02 31.44 28.30 N 38 28 06 x j 2 89 56 322 20.00 20.00 20.00 20.00...� 20.00 ' 20.00 20.00 20.00 ^20.00� 170.00 230.00 60.00` 19.98 13.54 M54 .15.27 ' 26.19 •r. 26.19 1.36.75 15.27 I 15.27 - ' -� 26`19� i 115.10 i 155.73 56.52• 31.43 28.27 i N 51 31 54 s 23.80 22.43 N 27 32 24 x 39.03 i 33.12 i 3 62 37 35 x 26.08 t 24.27 i 3 80 59 45 x 36.75 f 31.79 { N 09 00 15 x 31.79 N 09 00 15 x` . 26.08 ` 24.27 , S 80 59 43 K 26.08 r 21..27 ' t ~ 3 80 59 45 x , ' 4.. _ - ----� 36.75 31.79 N 09 00 15 x 202.36'! 190. 273.76 257.90 3 27 32 25 E 90.67 82.29 j N 0 20 29 E 3 68 12 05 111 47 _55 74 43 35 .. 105 16 25 i 103 16 25 74 43 35. 74 ' 43 35 a -._ 105 16 `_ 25 - _ 12 05 ^ 68 ^~12 ~05 86 34 58 4 S 5 ! 6 ! 7 8~ 9 - 10 1-168 12 _ 13 14 .86 34 58 _ 120.00 , 133.05� • 181.34 164.57 N 0 20 29 E 6o.00 .63.69 127.38 97.83 97.35 AW 39 31 x 195.65 174.69 N 89 39 31 x 15 l 93 25 02 ` 16 93 25 ,,` 02 120.00 " CHORDS OF IOTS ON CURVE Im NO, �- - CHORD CHARD SEARING 7 10- 15_. 17 is ._ .__ 70.88 59.63 _._. 15.89 -_.. 3 02 1s 16 3 S 54 11 V E - __..._ 39 51 07 9 H 09 45 58 W' - --N _33.59 5I"� N 5O 050 7 31 3. W S 76- 55. 02 W _ 3 52 38 08 x _ 69.21. _ _ `- )1.35 - -- •24 63.24 - 22- ' Z3 ---- -- - _ 57." 6- ..49.82 _ ' 1s.b9 _ .�_ - 1.30.25 � V -66 67 . _. _. -_ _ ---------75 _ 8 Ol 51�E -N _58 2 z6 x -1� 3 32 48 58 E N g 20 2q;3 pLTlf pF��� - ma rum V •�RrltlCa"- no. Sa•ll•3lar-� - to 5447.3 t',) •� t '.� r• r �• ••s i; y.+Lr �,+:R `•i`1 ,•_ * w4 i n 4 `'� � r DJaj)'7 4U41, z 8 #g31 THE MEADOWS SUBDIVISION DEED OF DEDICATION ';,"Jr 3�J3 F,,^r. 6 5 S THIS DEED OF DEDICATION AND DECLARATION OF PLATfor "THE MEADOWS" SUBDIVISION, made and dated this // "/- clay of May, 1970. WHEREAS, Fredericktowne Company desires to dedicate, plat and subdivide that certain parcel of Innd containing 33.566 acres, more or less, which comprises part of that certain parcel of land containing 31. 545 acres conveyed to that corporation by Deed dated the 15th day of April, 1970 from Robert K. Stickley, Executor and Trustee under the Will of Mary Evelyn Stickley, Deceased, recorded in Iced Rook 362 at Page 556 in the Office of the Clerk of the Circuit Court of Frederick County, Virginia and a part of that certain parcel of land containing 2.42.1 acres conveyed to that corpora- tion by I)ecd dawd the 10th day of April, 1.970, from Ilarry L. Fake and Nary Etta Fake, his wire, recorded In Deed Book '362. at rage 553 in file Office of the Clerk of the Circuit Court of Frederick County, Virginia. NOW THEREFORE, this Declaration of Plat. Wl'1'NESSE 111; The platting and / or dedication of the following described land, which lies a short distance South of Virginia Route 277 about one-half mile East of Stephens City in Opecluon Magisterial District, Frederick County, Virginia, is with the free consent and in accordance with the desires of the undersigned owner, Fredericktowne Company, a Virginia Corporation, as evidenced by the signature of its President and attestation of its Secretary Beginning at an iron pin in the South boundary line of Virginia Route 277 at the Northwest corner of the Guard Lot; thence with the two following courses there- of; S 07 deg, 23 min. 1.2 sec. W- 41. 8. 37 ft. to a n iron pin; thence S 61 deg. 38 min. 27 sec. E-203.60 ft. to an iron pin at the Southwest corner of the Bowman Land; thence with the said Bownia n Land S 6l deb;. 55 min. 23 sec. E-915. 32 ft. to a post at the Southeast corner of the Bowman Land and the Northwest corner of the Neff Lot; thence with the West lines of the Neff lot and the Ritenour Land S 43 deg. 37 min. 58 sec. W-1589.78 ft. to a post, corner to Ritenour in the North Line of the Racey Land; thence with the said line of Racey N 42 del;. 57 min. 00 sec. W -578. 79 ft. to an iron pin at the Southeast corner of a ten foot reserved strip along Ewings Lane retained by the said Fredericktowne Company; thence with the seven following courses thereof; N 20 deg. 47 min. 52 sec. E-310. 19 ft. to an iron pin; thence N 19 deg. 12 min. 07 sec. E-86.66 ft. to an iron pin; thence N 07 deg. 06 min. 19 sec. E-86.58 ft. to an iron pin; thence N 05 deg. 06 min. 40 sec. E-278.47 ft. to an iron pin; thence N 03 deg. 35 inin. 22 sec. E-103.36 ft. to an iron pin; thence N 06 deg. 33 min. 38 sec. E-564.25 ft. to.an iron pin; thence N 04 del;. 44 min. 25 sec. E-304.33 ft. to an iron pin at the Northeast corner of the said ten foot reserved strip in the South boundary line of Virginia Route 277; thence with the said boundary line of Virginia Route 277; S 83 deg. 29 min. 50 sec. E-289.99 ft. to the beginning. This real estate is the same real estate as described by the metes and bounds hereinabove and is shown on the attached Plat dated the llth day of May, 1970, prepared by 1-1. Bruce Edens, Certified Land Surveyor. The lots in this subdivision are specifically subject to the following covenants, conditions, reservations and restrictions which shall apply to each- and every lot shown on the attached Plat except where reserved as herein provided. 1) Residential Use: Each lot shown on the attached Plat of "THE MEADOWS' SC-13I)I— VTSfON shall be used for residential purposes only, except for lots specifically designated commercial thereon. Not more than one single family dwelling house shall be erected oil each said lot, except that duplex homes (meaning single structure two-family dwellings) may be erected, but only upon a minimum of one and one-half lots as shown on the attached Plat. Such one and one-half lots shall be deeded as a single tract for each duplex structure, subject to the "Further Subdivision" limitations otherwise stated hereunder. No business or occupation of any kind other than a home occupa- tion shall be carried on or permitted upon subject residential lots. A home occupation is defined -to be an occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and no one is employed other than members of the family residing on the premises. 2) Character of Building: No building shall be erected upon said lot shown on the attached Plat which shall contain less than Nine Hundred Sixty (960) square feet floor area for a single story building, nor Six Hundred (600) square feet ground floor area for a multiple story dwelling and such structures facing a street must be at least Twenty-five (25) feet wide. Such areas shall be exclusive of porches, patios, carports, basements and attics. Any garage, carport or car shelters, pet shelters or dog house constructed on said lots shall be attached to and be a part of the main structure. Any building commenced upon each lot shall be completed within twelve (12) months from the date of commencement. No trailer nor mobile home shall be placed upon any lot; no storage or temporary structure shall be placed upon or erected upon any lot shown on the attached Plat. Fredericktowne Company reserves the right to determine what structure is to be regarded as a two story dwelling so long as any lot in the subdivision is unsold. Thereafter, this covenant will be enforceable by any lot owner. _2 _ ` F1;G 15 3) Set Back Lines: No structure including covered porches or coverrc patios shall be less than Thirty (30) feet from any street shown on the attached Plat. "file minimum side yard for each main structure shall be Tell (10) feet with the width of both side yards a minimum of Twenty (20) R,ut. Each main structure shall have a rear yard with a depth of Thirty-five (35) feet or more. 4) Easements: There shall be service easements for each lot for all i public utilities upon any of the lots shown which shall exist at the location of f such utilities at the date each lot is conveyed, or shall be located as such utilities are actually extended to the individual lot after the call for. connec- ` tion by the lot Owner. 5) Further Subdivision: No lot on the attached Plat shall at arty tit-ne be subdivided, conveyed, leased nor sold except as a whole, Linless such subdivision, conveyance, lease or sale involves multiple lots so that each of the portions into which the lots are divided for the purpose of sub- division, conveyance, lease or sale results in the lots being created for the purpose of such subdivision, conveyance, lease or sale, as well as each of the lots remaining after such subdivision, conveyance, lease or sale, being of a size larger than the lets as shown on the Plat which is recorded with this Deed of Dedication of this subdivision. 6) I±ences: No fence, hedge or other visual barriers shall be erc;cte in the front yard of ally lot shown on the attached Plat; fencing of back yards may include side yards to a limit of one half the depth of cacti dwelling;. All fences, hedges or similar barriers must be kept in good repair. 7) Surface Water: No owner of any lot shown on the attached flat shall interfere with the natural drainage of stu-fIC water from Such lot to the detriment of any other property :shown on said Plat. 8) Sanitation: No septic tanks or wells shall be constructed upon any of the said lots shown on the attached Plat. 9) Signs No billboards or signs of any kind shall be erected, main- tained or displayed for any commercial purpose, except for temporary signs advertising the sale or rent of real estate on which such sign is located with no sign to exceed Six (6) s(Iuare feet in area. 10) Vehicles: No commercial vehicles or trailer:;, mobile homes or campers shall be kept on any numbered lot shown on the attached Plat except during; the course of construction or addition to buildings, unless they are housed in suitable shelters. No vehicle; may be harked for a period greater than Ninety (90) days on any numbered lot as shown Oil the attached Plat nor on any platted. street which vehicle does not have a currently valid Virginia inspection windshield sticker. 11) Unimproved Lots: All unimproved lots shown on the attached Plat shall be kept free of Undergrowth, brush, trash and debris. In the event any lot shall not be so kept free, the Grantor may remove the same after "Ten (10) days notice to the lot owner by certified or registered mail and may assess the cost thereof to the owner and the failure to pay the same Within Ninety (90) days shall constitute a lien upon the lot sold here- under. -3- '•z�f 12) Enforcement: The provisions herein contained shall run with and bind the land and each is enforceable by Fredcricktowne Company, its assigns and successors in title and by any owner of any numbered lot. And the failure of any of them to enforce any covenants, conditions, reservations or restrictions contained herein shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. Furthermore, the declaration of invalidity of any one or more of the provisions herein contained shall not affect the validity of the others. All of the covenants and restrictions herein shall be binding and remain in full force and effect until July 1, 1983, and shall be renewed thereafter automatically for additional successive Ten (10) year periods, unless the owners of a majority of the subdivided lots in this subdivision shall, at least Six (6) months prior to any such renewal date, execute and record an agreement superceding, altering or abrogating the covenants and restric- tions herein contained, and record such agreement among the land records in the aforesaid Clerk's Officc ,and giving public notice by publishing such proposed agreement superccding, altering or abrogating the covenants and restrictions herein or any one or more of them, at least Six (6) months prior to the expiration of any such period in some newspaper having general circulation within Frederick County. 13) Animals: No livestock and fowls, such as cattle, horses, hogs, goats, sheep, turkeys, ducks and chickens, shall be kept or main- tained on any lot. 14) All land areas other than streets have title reserved in Fredcricktowne Company and arc not, because of any designation as park area or otherwise, dedicated thereby to public use. 15) IFrcdericktowne Company reserves the right alone to waive any one or all of the restrictive covenants, conditions, reservations and restrictions as to the sale or transfer of any future lot or lots except that it cannot reduce lot size nor change the development from residential to commercial except as shown on the Plat at the date of record. This waiver shall not affect the binding; effect of the covenant's conditions upon any other lots. Fredcricktowne Company does further reserve the right alone to impose additional restrictive covenants, conditions, reservations and restrictions as to the sale and transfer of any further lot or lots and such imposition shall not affect the binding effect of these provisions upon any other lots. 16) The covenants and restrictions herein contained shall not impose any restraint on any portion of land now owned or hereafter acquired by Frcdericktownc Company, its assigns or successors in title, or adjoining, adjacent to or otherwise related in any way to "THE MEADOWS" SUBDIVISION as shown on the attached Plat. FREDERICKTOWNE COMPANY By Y Pr ,sidcnt A'I''i'i .51•: a A Secictary _7 c -4- STATE OF VIRGINIA gar, 315,3 F,+.E GG2 i+ C7 i c f �,�,���,� , io_ wit: I, fo,L a Notary Public in and for the State and ✓ aforesaid, hereby, certify that 1�2&;�,v�Q�J as President anti �r�.c�as Secretary, whose natl�es are signed to the foregoing instrument, bearing date the /l - clay of May, 1970, have personally appeared before me in my and State M aforesaid, in name and behalf of the said Fredericktowne Company, made oath that they are the President and Secretary of the said Fredericktowne Company respectively; seal affixed to the said inst.rumcnt is the true: and cor, poste seal of said Fredericktowne Company; that the same has been affixed thereto by due authority. My Commission expires Given under my hand and seal this day of May, 1970. Notary Publi4 SEAL: f // 738 � THEMADOWS � AMENDED DEAD OF DEDICATION 17,792 DJA/nec 9/21/72 BOOK 399 PACE ' 40 , THIS AMENDED DEED OF DEDICATION AND DECLARATION OF PLAT FOR "THE MEADOWS" SUBDIVISION, made and dated thus �A--L day of September, 1972. WHEREAS, by Deed of Dedication and Declaration of Plat dated May 1 11, 1970, of record in the Frederick County Circuit Clerk's Office in Deed Book 363, at Page 658, the undersigned dedicated and platted a portion of its property described therein in accordance with the statutes, and, included in that Deed of Dedication were Lots 21 and 22 situate on the south side of Mea- dow Brook Drive; and WIIEREAS, subsequent to,that Deed of Dedication a house was built upon Lot 21 over the western side lot line; and WHEREAS, the undersigned has replatted both those lots to change the side boundary line of both lots so that the house located on Lot 21 is now properly located completely upon Lot 21 but retaining the same lot size for ,. t l���iinnrnii' rind uLa1-jj 1V�, d.7 originally t.a a.. ♦.a .. a.. a. �. �., WHEREAS, this amended Deed of Dedication and Replatting of Lots 21 � and 22 has been approved by all proper officials of Frederick County as evi- denced by their signatures on the attached plat. NOW, THEREFORE, TI IIS AMENDED DEED OF DEDICATION AND DECLARATION OF PLAT WITNESSETII: The replatting and dedication of these two lots is with the free consent and in accordance with the desires of the undersigned owner, Fredericktowne Company, it Virginia Corporation, as evidenced by the signature of its President and attestation of its Secretary. This real estate is the same real estate as described hercinabove and is shown on the attached plats dated the 5th day of April, 1972, prepared by 11. Bruce Edens, Certified Land Surveyor. These two lots are specifically subject to the covenants, conditions, reservations and restrictions as found in the original Deed of Dedication and v A BOCK 399 FACE 41. Declaration of Plat for "The Meadows" Subdivision recorded in the aforesaid Clerk's Office in Deed Book 363 at Page 658. to to �. - C=3: 1�} i�ST: 1,,-..✓r+..� (SEA L ) rotary FREDERICKTOWNE COMPANY B SEAL Prcs ident STATE OF VIRGINIA: - f Il , O t'"ri�.�t 41 To -wit: I, �:r ' y• 1 ; « , a Notary Public in and for the State and ticc_�� aforesaid, hereby certify that Charles E. Bass and Rob- ert S. Barbour as President and Secretary, respectively, of Frcdericktowne Company, whose names arc signed to the foregoing Deed of Dedication and Declaration of Plat bearing date theday of September, 1972, have this day personally appeared before me in my State andaforesaid and acknowledged the same. Given under my hand day of September, 1972. My Commission expires Z1e__Z',�4-4t_, /975— of Notary Public - 2- THE MEADOWS 7/t 3 v