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HomeMy WebLinkAbout10-96 McGuire Hills, Section VI, Section V Stonewall - BackfileSubdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester Sanitation Authority Health Department Inspections Department Parks & Recreation Fire Marshal County Engineer 2. One copy of the subdivision application gef'e.re�ce MdOer Deve�oPrneK' TRACKING SHEET Date /,z- 3 - 7 6 Application received. oB 1/ Fee paid (amount: $ �� ���. ) Information entered in dBASE and Reference Manual. Approval letter to applicant/agent - q 7 Final plat submitted with review agency signatures along with: Recorded deed of dedication Bond estimate (if required) $ Plat signed by Subdivision Administrator Copy of final subdivision plat [with signatures] made and given to Mapping and Graphics manager for structure numbering assignment File: kA%vp\cmn\operman\trackinesht v m U .., Date Received From Address For ACCOUNT AMT. OF ACCOUNT CASH AMT PAID BALANCE DUE CHECK MONEY ORDER By Dollars $ 1 oe� ae�£/� � ��� l/ -r-Nafe- to"f�(e; ��QQ�h� recorded Co�gJ�( � p�e¢� I Ca-97 qg�y BK9IGPG0369 THIS DEED OF DEDICATION made and dated this � day of September, 2000, by and between JOHN S. SCULLY, IV, party of the first part, hereinafter called Grantor, for indexing purposes, and also sometimes referred to as Declarant, and COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called Grantee. WHEREAS, the Grantor is the owner of all of that certain tract or parcel of land, lying and being situate in Gainesboro Magisterial District, Frederick County, Virginia containing 37.232 acres, Tax Map Parcel No.42-A-261; and being a portion of the same land conveyed to the Grantor herein by Deed dated February 15, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 612 at Page 136; and more particularly shown by survey drawn by S.W. Marsh, L.S., dated August 11, 2000, attached hereto and by this reference made a part hereof as if set out in full; and, WHEREAS, it is the desire of the Grantor to subdivide the same into lots to be known as McGuire Hills, Section V and as shown on the aforesaid attached survey referenced above; and, WHEREAS, the Grantee has approved the subject Subdivision as evidenced by this signature of its Subdivision Administrator on the aforesaid attached, survey. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and benefits which will accrue by reason of this dedication, the Grantor does hereby subdivided, grant, and dedicate, in fee simple, all of that 61«76IN0370 certain portion of land designated as McGuire Hills, Section V, located in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid attached survey which is by this reference incorporated as a part of this Deed is set apart for streets, or other public use, and to create a public right of possession of the same. All of the lots, as shown on the aforesaid attached survey shall be subject to the following covenants, conditions, reservations, and restrictions, each and every one of which is, and all are, for the benefit of each owner of land in McGuire Hills, Section V and shall pass with each and every conveyance of land hereby dedicated and shall bind the respective successors in interest of the Grantor herein and may be enforced by any owner of land in McGuire Hills, Section V. Each and every one of these covenants, conditions, reservations or restrictions is, and all are, for the benefit of each owner of land in said subdivision, or any interest therein, and shall inure to and pass with each and every conveyance of lots in said subdivision, and shall bind the respective successors in interest of the present owner thereof. These covenants, conditions, reservations and restrictions are intended to be and are hereby constituted covenants real running with the land and each conveyance shall contain these restrictions or incorporate them by reference to -wit: 1. LAND USE: No lot shall be used except for single family residential purposes. No home occupation of any type shall be allowed on said lots. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to 2 QIt �6HGO371 remain on any lot, other than a permanent single family dwelling. No such dwelling shall exceed two stories above foundation line in height. No other building or improvements shall be erected, altered, or placed or permitted to remain on any lot other than a carport or garage, patio walls, swimming pool, wooden fences, as hereinafter described, and other outbuildings for use and enjoyment of the lot for residential purposes. Any gazebo, garden shed, other outbuildings, mailbox, newspaper box or receptacle of any type, shall not be placed on a lot unless approved by the Architectural Committee hereinafter referred to. Any garage or carport as herein before provided shall be homogeneous in design to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper or trailer shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored within a garage area so that the same may not be seen from any roadway. 3. BUILDING LOCATION: All buildings of any type, including porches, verandas and garages, or any portion thereof, shall be located in compliance with the then requirements of the Frederick County, Virginia Ordinances. If two or more adjoining lots are acquired by the same owner, a home may be built on more than one lot and in such case, the restriction pertaining to minimum side lot lines shall not apply to the common boundary line of the two lots which have been joined. The Grantor is to approve the location of the house on any of said lots. No trees (unless dead) 10" or more in diameter are to be cut or removed from any lot unless in direct conflict of a building or improvement location. 4. TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than 2,500 Square Feet of finished living space (outside foundation dimensions), exclusive of open porches, carports, garages, and basements. 5. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction other than brick, wood, stone, dryvit, or combination thereof, unless otherwise approved by the Architectural Committee. Any exterior solar design or antennae, satellite dish, towers, transmitters for radio, television, 3 g9K003l2 microwave, or the like, must be screened and approved by the Architectural Committee. In this respect, the Architectural Committee may engage such professional services for review of plans and each lot owner submitting said plans shall pay the reasonable charges made for review by the professional services. 6. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 7. FENCES: Fences located in the front or on the side of the house must be constructed of wooden board or rail, or other material approved by the Architectural Committee, and any such fence shall not exceed forty-eight inches in height. Fencing in the rear of the house may not exceed seventy-two inches in height and the material and design shall be subject to the approval of the Architectural Committee, but in no event shall chain link fences be used. All fences contracted shall be kept and maintained in good repair, including painting and staining, if the same is required. 8. CLOTHES LINES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. 9. SIGNS: No sign of any kind shall be displayed to the public on said lots, except for signs not larger than 5 square feet advertising the property for sale, provided, however, that the Grantor may erect two signs of any size in order to display the property for sale. Signs indicating the name of the residence not larger than 5 square feet may be permitted with the approval of the Architectural Committee. 10. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste, shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 11. ANIMALS: No animal, livestock, or poultry of any kind shall be raised or maintained on any lot for commercial purposes. 4 CK970'I'G0373 Household pets, domestic dogs and cats shall be allowed. Notwithstanding this provision, the maintenance of animals for 4-H projects and personal use shall be allowed so long as they do not exceed one (1) in number.All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the subdivision of McGuire Hills. 12. WATER SUPPLY: No individual water supply system shall be permitted on any lot unless located, constructed, and equipped in accordance with the requirements, standards, and regulations of the Frederick County Health Department and State and local ordinances, and unless approval for said system is obtained from the Frederick County Health Department. 13. SEWAGE DISPOSAL: No individual sewage -disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirements, standards, and regulations of the Frederick County Health Department and State and local ordinances, and unless approval for said system is obtained from the Frederick County Health Department. 14. OFF-STREET PARKING: After a residence is built on any of said lots, the lot owner shall provide in connection therewith off- street parking space of at least 12' x 50'. 15. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than one ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motion vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a public street or highway.) 16. RESUBDIVISION AND EASEMENTS: None of the lots shall at any time be subdivided, conveyed or sold except as a whole unless the sale or conveyance results in a lot larger than the lot size as shown on the aforesaid attached survey. No 5 6K9761%0374 easement or right of way shall be granted, over any of said lots except for the purposes of public utility, (water, sewer, electric, gas, telephone, cable television, etc.) If two or more adjoining lots are acquired by the same owner, none of said lots shall be conveyed by said owner unless the lot being sold and each lot being retained by that owner are in compliance with all of these covenants and restrictions. 17. UNDERGROUND UTILITIES: All new utility lines and services, including electrical and telecommunication lines shall be installed and maintained underground. 18. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. No unlicensed motorcycles, trail bikes, snow mobiles, or the like, shall be operated on the roadways or common passageways, as indicated on the survey of McGuire Hill, Section V. 19. HOUSE PLANS: The Grantor reserves the right for itself, its successors and assigns, or an Architectural Committee being itself or appointed by it, its successors or assigns, to reject any and all plans for houses or other structures proposed to be constructed on any lot. The Grantor retains the majority vote on the Architectural Committee. 20. WAIVER: The Grantor shall reserve the right to waive any and all of the restrictive covenants contained herein except restriction No. 1 as pertains to Land Use and restriction No. 4 as pertains to Total Finished Space dwelling. This right of waiver shall not affect the binding effect of the covenants and conditions upon any lot. 21. RESERVATIONS: The grantor reserves unto itself, its successors and assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer, gas, water, and television lines and related equipment, and other utility equipment where such utility 0 H9 76PG0375 lines and equipment are now located and along the strip 10 ft. along the front and rear of each lot and a 10 ft. strip centered on the side line of each adjoining lot, and a 10 ft. strip along the boundary of all nonadjoining lots. The Grantor further reserves the right along to impose additional restrictive covenants and restrictions as to the sale and transfer of any lot or lots owned by it and such imposition shall not affect the binding effect of these provisions upon any other lot. Invalidation of any one of the covenants or restrictions contained herein by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. The failure of the lot owners or the Grantor/Developer to enforce any covenant or restriction shall not be deemed to be a waiver of the right to do so thereafter as to a default occurring prior or subsequent thereto. Any or all of the rights, powers, duties and obligations which, in this instrument, are assumed by, reserved, or given to the Grantor, its successors or assigns, for the said Architectural Committee, may be assigned or transferred to any one or more corporations or associations which will agree to assume said rights, powers, duties, and obligations and carry out and perform the same. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its acceptance of such rights, powers, duties, and obligations, which instrument shall be recorded; and such assignee or transferee shall thereupon have the same rights and powers and be subject to the same obligations and duties as are herein given to ans assumed by the Grantor, its successors or assigns, or the said Architectural Committee. In the event of such assignment or transfer, the Grantor, its successors or assigns, or said Architectural Committee, shall thereupon be released from all of the rights, powers, duties, and obligation in this instrument reserved or given to and assumed by the Grantor, its successors or assigns, or the said Architectural Committee. The right of assignment hereby reserved to the Grantor, its successors or assigns, and the said Architectural Committee, is so reserved to the end that the rights, powers, duties and obligations reserved and given to them may be assigned to an association or corporation formed by the owners of lots in said subdivision for the purpose of accepting said assignment; and such assignment may be made at such time as the Grantor, it successors or 7 I BK97GPG0376 assigns, and the said Architectural Committee shall jointly determine. 22. ARCHITECTURAL COMMITTEE: The Grantor shall constitute the Architectural Committee and shall have the power to appoint its successor in interest, and such Architectural Committee shall have no liability whatsoever, either direct or indirect, on the approval or disapproval of matters as set for the hereinabove, but such power in the Architectural Committee shall be solely discretionary. The size of the Architectural Committee shall be determined by the Grantor, or its duly nominated successors in interest. If the said Architectural Committee, or its duly authorized representative, shall fail to approve or disapprove any proposed plans, specifications, or locations within thirty days after the same shall have been submitted to the Grantor for approval, such plans, specifications, and locations shall be deemed to have received the approval of said Committee, or its duly authorized representative. In the event that the Grantor fails to appoint an Architectural Committee, or if such Architectural Committee has formed but is later disbanded, then approval for plans may be obtained by the lot owner submitting plans drawn and signed by a licensed architect in the State of Virginia, and in addition, if the plans are for an allowed outbuilding, then such architect shall further certify that the design is homogeneous with the existing structure on said lot. 23. TERMS: These restrictions are covenants real which shall run with the land and shall be binding upon all future lot owners, and those claiming under them, for a period of seven (7) years from date of recordation of the Deed of Dedication. Thereafter, these restrictions shall be automatically extended for successive periods, of seven (7) years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the restrictions in whole or in part is recorded in the land records of Frederick County, Virginia, prior to the commencements of one of the said seven (7) year terms. 24. ENFORCEMENT: The Grantor and any and every person 0 6,f,'G0377 hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation, subject to the reservations of the Grantor set forth in paragraphs 20 and 21 above. 26. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order of in any other manner, shall in no way affect any of the other provision, which shall remain in full force and effect. The above and foregoing subdivision of McGuire Hills, Section V, more particularly described by the aforesaid attached survey of S.W. Marsh, L.S., dated August 11, 2000, is with the free consent and in accordance with the desire of the undersigned Owner. WITNESS the following signatures and seals: IECLARANT: / John . Scully, IV STATE OF VIRGINIA CITY OF WINCHESTER, �T,�cO,�-/WIT: I, , ez- P C 4*lw. r, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that John Scully, IV, whose names is signed to the foregoing Deed of Dedication dated the � day of,<ti , 2000, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. 7-4 Given under my hand this day of2000. My Commission expires: NOTARY PUBLIC 6060McGuire Hills 9 116UJ 10 N v � RTp�gg N Rp � o ;:.:: GUEN VICINITY MAP S/ TE ::: I "= 2000' APPROVED FREDERICK COON T Y HEAL TH DEPAR TMEN T VIRGINIA DEPARTMENT OF TRANSPORTA TION FREDERICK COUNTY SUBDI VISION ADM/NISTRA TOR OWNERS' CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF JOHN S. SCULLY IV, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF IHEANDERSIGNED OWNERS, PROPRIETORS AND I TRUSTEES, IF ANY. /lc S. S L , . IV STA TE OF VIRGINIA, AT LARGE, AiY OF WINCHESTER THE FOREGOING INSTRUMENT WAS A CKNOWL EDGED BEFORE ME THIS 11 th DAY OF August 2000 B Y John S. Scully, IV NOTARY PUBLIC MY COMMISSION EXPIRES August 31 2002 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO JOHN S. SCULLY IV BY DEED DATED FEBRUARY 15, 1986 OF RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FIRE RICK COUNTY IN DEED BOOK 612 AT PAGE 136. S. W. MARSH, L. S FINAL SUBDIVISION RAT FOR ALTH OF y! McGUIRE HILLS ti SECTION V a S.W. Marsh GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA No. 001843 lq el� / 4 D s U 11'4 DATE. 811112000 T SHEET 1 OF 10 Marsh & Legge Land Surveyors, P.L.C. DRAWN BY: ✓GB 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 i PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAIL mlls®shentel.net Lm DWG NAME: id1665 sE- CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 104.74 ' 116.60 ' 110.67' IN 76'07 30 " E 63'47'02 " C2 383.74' 138.48' 137.73' S 60'2342" E 20'40'33" C3 110.54' 98.84' 95.58, S 75'4023" E 51'IJ'56" C4 271. 01 ' 27. 01 ' 27. 00' N 81 JJ 58 " E 05'42 38 " C5 99.74 ' 111.03' 105.39 N 76'07 30 " E 63'47 02 " C6 675.00' 168.93' 168.49' S 64'02'59" E 14 20'21 " C7 675.00' 17.01 ' 17.01 ' S 56'09 29 " E 01 26 39 " C8 215,00' 154.49' 151.18' S 76'01'14" E 41'10'09" cp 325.00' 1 21.47' 21.47' N 85'17'16" E AREA SUMMARY LINE TABLE LINE BEARING DISTANCE L 1 N 15'53 44 " E 107.06' L2 N 45'16'14" E 100.05' L3 N 44'4346" W 5.00' L 4 N 18'01 01 " E 20.00' L5 S 70'43 58 " E 20. 19 ' L 6 S 50'03 25 " E 107.95 ' L 7 N 78'42 39 " E 95.68' L8 S 53'13'21 " E 21.64' L9 S 83'23 44 " E 141.60' L 10 S 22'41 37" E 52.00' L 11 S 41 '08'11 " W 144.00' L 12 S 55-26'10" E 131.01 ' L 13 N 83'23'41 " E 99.60' ORIGINAL P.I.N. 42-A -261 = 37.232 ACRES LOT 21 = 5.5908 A CRES LOT 22 = 9.2796 A CRES LOT 23 = 4.6302 A CRES LOT 24 = 7. 7321 ACRES L 0 T 25 = 9.3797 ACRES R/W DED/CA TED TO COMMONWEAL TH OF VIRGINIA = 0. 6197 ACRES AREA REMAINING IN PARENT TRACT = 0.0000 ACRES NOTES 1. DRAINFIELD TO BE LOCATED AT LEAST 5' FROM ALL PROPERTY LINES UNLESS DRAINFIELD EASEMENT IS PROVIDED. 2. ALL LOTS ARE SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT ALONG ALL STREET RIGHTS —OF —WAY AND A 10' DRAINAGE & UTILITY EASEMENT ALONG ALL PROPERTY LINES EXCEPT WITHIN AREA OF DRAINFIELD AS SHOWN ON PLATS. 3. IRON RODS SET AT ALL PROPERTY CORNERS UNLESS OTHERWISE NOTED. 4. SETBACK REQUIREMENTS ARE AS SHOWN ON PLAT. 5. BOUNDARY INFORMATION IS BASED ON A PLAT OR SURVEY PREPARED BY H. BRUCE EDENS DATED JUNE 20, 1986. LEGEND DB = DISTRIBUTION BOX DF = DRAINFIELD RDF = RESERVE DRAINFIELD BRL = BUILDING RESTRICTION LINE FINAL SUBDIVISION PLAT FOR McGU/RE HILLS SECTION V GA/NESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 811112000 SHEET 2 OF 10 Marsh & Legge Land Surveyors, P.L.0 W560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL mlls®shentel.ne H OF � f o � 9 S.W. Marsh No. 001843 00; D SURV�'�.� DRAWN BY: JGB DWG NAME: id1665 0.6197 ACRES HEREBY DEDICATED TO THE COMMONWEAL TH OF VIRGINIA ov O'p �� ' ��.cr CJ�<' LOT 23 . 6302 A .SHEET 6 b b It it; R97GPG0330 GLzNDo88 N 60-4,D q � LOT 24 7321 AC SHEET 7 / �v Q� LOT 22 LOT 25 9.2796 AC 9.3797 AC hO�o�JW SHEET 5 SHEET 8 Al LOT 21 5.5908 AC 5 I, V o 1 SHEET 4 5�cT�ON i CGUI M o � o I � NEp: NTIA� �� I Z RE510 j USE: KEY MAP FINAL SUBDIVISION PLAT FOR 300 0 300 600 SCALE: 1 " = 300' McGUIRE HILLS r*j SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 811112000 1 SCALE-.- 1 -J00' I SHEET 3 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL mlls0shentel.ne O � ci 9 S.i AMarsh No. 001843 �/,iA.D S U RV & DRAWN BY: ✓GB DWG NAME: W 665 CA. BK 9 7 6 PU 0 3 8 I APPLE PIE RIDGE ROAD MERIDIANf 0 DB. 666 p�R23�R0 N 10'22'41 " W 400. 12' (TOTAL) VAR/ABLE WIDTH R W _ 104' 109' �* �0 303.00' 104 97.12" 112" DB WELL 1 — — 60' BRL DF DF 11 1 Z 0 0 1 w o \m 1 � W 0 EN 1 0 DF - DRAINFIELD 1 1 DB - DISTRIBUTION BOX L 0 r 21 LOT 22 RDF - RESERVE DRAINFIELD 1 BRL - BUILDING RESTRICTION LINE 1 5.5908 ACRES I SEE SHEET 5 iz � I0 1� I r 1 w v o to i 3.p0 o (TOTAL) o o E 535'0 DF 0 100 0 100 1�, LOT 25 LOT 24 SEE SHEET 8 \ SEE SHEET SCALE: 1 " = 100' SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR 1,TH OP D McGUIRE HILLS SECTION V U a . Marsh GAINESBORO MAGISTERIAL DISTRICT No. 001843 FREDERICK COUNTY, VIRGINIA 1 DATE- 811112000 SCALE- 1 "=100' SHEET 4 OF 10 lgND SURv��o4` Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: JGB PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL mlls®shentel.net DWG NAME: id1665 LEGEND BK9I6PG0382 DF - DRAINFIELD DB - DISTRIBUTION BOX RDF - RESERVE DRAINFIELD BRL - BUILDING RESTRICTION LINE 0.6197 ACRES HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA_ 200 0 200 4�A� 1�h94� SCALE: 1" = 200' ��ti� 0RI A�6g6`' E0�\�� n 0 0 0 0 O 3 \`" LOT 2J SEE SHEET 0` m � rn 0 \,o 0 \\ DF anc- L3 0l; LOT 22 W J z 9.2796 ACRES J5. 21 LOT 24 SEE SHEET 7 �+ m `, o. DF 50 BRi 00 �^ N 0T48 O 1 " W 43 WELL / 3i4 „ W 250.05" 71'14,23 w 97.12 5 $ 40 00 S LOT 25 25 0B DF 60.03' O1 N\—SEE SHEET 8 o\ ;--� J !DF LOT 21 SEE SHEET 4 N N � LS S20 E o oN L° 0 0 o E NI SOT z G CIO 9 Ep: E TIPL o REsip � I i OT SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR &,LTH OF b McGUIRE HILLS ^j SECTION V GA/NESSORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 811112000 1 SCALE.• 1 "-200' 1 \ SHEET 5 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentelme �o S. W. Marsh No. 001843 DRAWN BY: JGB DWG NAME: &1665 LEGEEND DF - DRAINFIELD 0.6197 ACRES QK 9 7 6 PG 0 3 8 3 HEREBY DEDICATED o „rn DB - DISTRIBUTION BOX RDF - RESERVE DRAINFIELD TO THE COMMONWEALTH BRL -BUILDING RESTRICTION LINE _ OF VIRGINIA N o a co C5 0 S 71 '58 59 " E \ \� •�5 , o O� �� �� IN � '-S�1'13'10" E � \ S j�65 -,z 39" �0�8 O iv �P by j f\- 1 CRDF \ LOT 23 Z� 4.5302 ACRES o� \ 0 LOT 22 0` ' SEE SHEET 5 \ WELL \ J LOT 24 SEE SHEET 7 \ JDBo O� BRL100 0 100 Ili SCALE: 1 " = 100' SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION RAT FOR I,TH OF G j O � McGUIRE HILLS N SECT/ON V -y'' S. . Marsh G41NESBORO WG/STER/AL DISTRICT No. 001843 FREDERICK COUNTY, VIRGINIA DATE.• 811112000 SCALE- 1 =100' SHEET 6 OF 10 lgNo SURNS Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: ✓GB PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.net DWG NAME: W665 LEGEND BK976PGO384 200 0 200 DF - DRAINFIELD DB - DISTRIBUTION BOX SCALE: 1 " = 200' RDF - RESERVE DRAINFIELD BRL - BUILDING RESTRICTION LINE GLE M O N � v N�08BIN Li FC8'OTT 6 OAD N CD CD y Rj cl o rn NI �I � o LOT 23 2 SEE SHEET 6 LOT 22 SEE SHEET 5 W o 0.6197 ACRES �p F HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA 24 o� ACRES �h ti h� LOT 25 SEE SHEET 8 / /0 / 0 rye`' OF v /0 C q�-o o RDF o v� o_ 917 L01 19 1 LOT 21 IV 1 SEE SHEET 4 I' ' S GTIONSLOT 20 RP \ RE a NI�oT 1 o � ZO REp IDEN�iA \ LOT M�G�I SSE• i LOT 1 , SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR X TH O.F LOT 7.7J21 0 �►o O d' DF ROF 126' z1 is WEL L McGUIRE HILLS r-.- SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 811112000 1 SCALE.' 1 "-200' 1 SHEET 7 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL mlls®shentelme 4 1 S. W. Marsh No. 001843 DRAWN BY: ✓GB DWG NAME: W665 r OK916PG0385 GLE1v� 0.6197 ACRES !.q pB�IN HEREBY DEDICATED RPAD TO THOF COMMON NIAW EAL TH VIRG 60\ ' C8 C9 ,J% WELL / m Ck� M O M W N �' C7 N `> to ato o . �m W LOT 24 SEE SHEET 7 �'� // bQ) OF l Q LOT 25 /l % �2gg5' 9.3797 ACRES ti ��`` -\ �- OF RDF �1 o o 495 �3 93 LOT 21 c 99' 1 SEE SHEET 4 42�2 V� LO 19 1 8i4,5� 5 6 S I,IV 5Ecf lv T 20 \\92P DF - DLEGEFE�D U RE TI 10 ONE Ij) NN U RDF -PISTRIBUTION RESERVE DRNNFIELD MC9BOX �0 \ SSE: RES BRL - BUILDING RESTRICTION LINE SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR 200 0 200 SCALE: 1 " = 200' McGUIRE HILLS ^-* SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 811112000 1 SCALE- SHEET 8 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 %LO�PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL mlls®shentel.ne OrrPtiTH OF bj S.W. Marsh No. 001843 DRAWN BY: JGB DWG NAME: id1665 BK976PG0386 SEE DETAIL LOT 22 ABOVE SEE SAIMT 5 0.05' S 44'1359" W-,,-" 224.65' i 'o L3 1 N 44.1.359" E 224.60' / S 44'1 224" W 24.65' i LOT 23 N 71 '58 59 " SEE SMELT 6 61.99' LOT 24 SEE SMELT 7 3 N 44'1359" 224.60' 'ETA MERIDIAN OF RECORD 666 PG. 233 S 71 '58 59 " E 656.82' r C4 1 v RAD=675.00' ARC=185.94 ' / 0.6197 ACRES CHORD= N 6.3' 19 40 ' W c�, / Vj HEREBY DEDICATED LOT 25 185.36' TO THE COMMONWEALTH SEE SMELT8 OF VIRGINIA S 1,9. 49 , 145 40 0 r� LEGEND DF - DRNNFIELD -� �, DO - DISTRIBUTION BOX PIN 42-A-262A �� RDF -RESERVE DRAINFIELD LARRY G. & BARBARA K. ABRELL 26'.0, BRL - BUILDING RESTRICTION LINE DB. 589 PG. 46J 200 0 200 ZONED. • RA USE- RES SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE SCALE: 1 " = 200' FINAL SUBDIVISION PLAT FOR I,TH OF �O McGUIRE HILLS � SECTION V S. W. Marsh GA/NESBORO MAGISTERIAL DISTRICT No. 001843 FREDERICK COUNTY, VIRGINIA DATE.• 811112000 SCALE.• 1 =200' -T SHEET 9 OF 10 C4ND sUR���o4 .Marsh & Legge Land Surveyors, P.L.C. 660 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: ✓GB PHONE (540) 667-0468 - FAX (540) 667-0469 N EMAIL mllsfshentel.net DWG NAME: W665 VDH SUBDIVISION APPROVAL STATEMENT B% 9 7 6 PG 0 3 3 7 This subdivision is approved for individual onsite sewage systems in accordance with the provision of the Code of Virginia and the Sewage Handling and Disposal Regulations (12 VAC 5-610-10 et seq., the "Regulations") [and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances]. This subdivision was submitted to the Health Department for review pursuant to § 32.1- 163.5 of the Code of Virginia, which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a field check of such evaluations. Lot 23 of this subdivision was certified as being in compliance with the Board of Health's regulations by Bruce L. Legge, AOSE #020 (Phone 540/667-0468). This subdivision approval is issued in reliance upon that certification. Pursuant to § 360 of the Regulations, this approval is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. This subdivision may contain lots that do not have approved sites for onsite sewage systems. This subdivision approval is issued in reliance upon the certification that approved lots are suitable for "traditional systems"; however, actual system designs may be different at the time construction permits are issued. FINAL SUBDIVISION - PLAT' s FOR W GUIRE HILLS N SECTION V GAINE580RO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 811112000 I 1 SHEET 10 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.ne TH OF. �f �o a S. W. Marsh No. 001843 Oi;?D S U'R 4'0_ DRAWN BY: ✓G6 DWG NAME: W 665 ffm f)r' B97 yrba38 VIRGINIA: FREDERICK COUNTY, SM This instrument of writing was produced to me on and with certificate of acknowledgement thereto annexe was ad 'tted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessabl& 4e-4 44/et�v Clerk Sc, Z O O cps RTp086 N Rp o GLEN VICINITY MAP S/ TE 1 "= 2000' APPROVED FREDERICK COUNTY HEALTH DEPARTMENT 71/ VIRGINIA DEPARTMENT OF TRANSPORTATION al Z/- Z��✓, FREDERICK COUNTY SUBDIVISION ADMINISTRA TOR $ 23 ua OWNERS' CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF JOHN S. SCULLY IV, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OFTViTDERSIQAD OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. JOHN S. SCULLY, IV STA TE OF VIRGINIA, AT LARGE, ijEY OF WINCHESTER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS llth DAY OF August 2000 B Y John S. Scully, IV NOTARY PUBLIC MY COMMISSION EXPIRES August 31 2002 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS SUBDIVISION IS A PORTION OF THE LAND CONVEYED TO JOHN S. SCULLY IV BY DEED DATED FEBRUARY 15, 1986 OF RECORD IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FRE RICK COUNTY IN DEED BOOK 612 AT PAGE 136. 4 S. W. MARSH, L. S. FINAL SUBDIVISION PLAT FOR NLTH OF j McGUIRE HILLS SECTION V �� O � S. . Marsh GAINESSORO MAGISTERIAL DISTRICT No. 001843 FREDERICK COUNTY, VIRGINIA l �,-, //,e/oo 4 D s U Rj DATE. 811112000 T SHEET 1 OF 10 Marsh & Legge Land Surveyors, P.L.C. DRAWN BY: ✓GB 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls@shentelmet DWG NAME: id1665 CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 104.74 ' 116.60 ' 110.67' N 76'07 30 " E 63'47 02 " C2 383. 74 ' 138. 48' 137. 73' S 60 23 42 " E 20'40 33 " C3 110.54' 98.84' 95.58' S 75'4023" E 51'13'56" C4 271.01 ' 27.01 ' 27.00 ' N 81 '33 58 " E 05'42 38 " C5 99. 74 ' 111. 03 , 105. 39 ' N 76'07 30 " E 63'47 02 " C6 675.00' 168. 93' 168.49 S 64'02 59 " E 14 20 21 " C7 675.00' 17.01 ' 17.01 ' S 56'09 29 " E 01 '26 39 C8 21500' 154.49' 151. 18' S 76'01 '14 " E 41'10 09" 09 325.00' 21.47' 21.47' N 85'17'16" E •4 ' LINE TABLE LINE BEARING DISTANCE L 1 N 15'53 44 " E 107 06' L2 N 45'16'14 E 100.05' L3 N 4443 46 W 5.00' L 4 N 18'0 101 " E 20.00' L5 S 70'43 58" E 20. 19' L 6 S 50'03 25 " E 107.95' L 7 N 78'42 39 " E 95.68 ;- L 8 S 53' 13 21 " E 21.64' L 9 S 83'2344 " E 141.60' L 10 S 22'4137 E 52.00' L 11 S 41 *08'11 " W 144. 00' L 12 S 5526'10" E 151.01 ' L 13 N 83'23 41 " E 99.60' AREA SUMMARY ORIGINAL P.I.N. 42-A-261 = 37.232 ACRES LOT 21 = 5.5908 A CRES LOT 22 = 9.2796 A ORES LOT 23 = 4.6502 A CRES LOT 24 = 7. 7321 ACRES LOT 25 = 9.3797 ACRES R/W DEDICA TED TO COMMONWEAL TH OF VIRGINIA = 0.6197 ACRES AREA REMAINING IN PARENT TRACT = 0.0000 ACRES NOTES 1. DRAINFIELD TO BE LOCATED AT LEAST 5' FROM ALL PROPERTY LINES UNLESS DRAINFIELD EASEMENT IS PROVIDED. 2. ALL LOTS ARE SUBJECT TO A 20' SLOPE & DRAINAGE EASEMENT ALONG ALL STREET RIGHTS -OF -WAY AND A 10' DRAINAGE & UTILITY EASEMENT ALONG ALL PROPERTY LINES EXCEPT WITHIN AREA OF DRAINFIELD AS SHOWN ON PLATS. 3. IRON RODS SET AT ALL PROPERTY CORNERS UNLESS OTHERWISE NOTED. 4. SETBACK REQUIREMENTS ARE AS SHOWN ON PLAT. 5. BOUNDARY INFORMATION IS BASED ON A PLAT OR SURVEY PREPARED BY H. BRUCE EDENS DATED JUNE 20, 1986. LEGEND DB = DISTRIBUTION BOX DF = DRAINFIELD RDF = RESERVE DRAINFIELD BRL = BUILDING RESTRICTION LINE FINAL SUBDIVISION RA FOR McGU/RE HILLS SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 811112000 1 1 SHEET 2 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 - EMAIL mlls@shentel.ne SIN OF f a S. Marsh No. 001843 oat, D SURq'02.A? DRAWN BY: JGB DWG NAME: id1665 0.6197 ACRES HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA G'LEND �q,QnD,&I N ROAD 8'�OT,y 6�3 LOT 23 . 6302 A SHEET 6 LOT 24 7321 AC SHEET 7 / Q LOT 22 I LOT 25 �� ��Q 9.2796 AC 9.3797 AC SHEET 5 SHEET 8 LOT 21 5.5908 AC �, v 1 SHEET 4 5�r c. M o CU NEB p T► NA►" �� 1 Z RES► USE: KEY MAP 300 0 300 600 SCALE: 1 " = 300' FINAL SUBDIVISION PLAT FOR McGUIRE HILLS N SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 811112000 1 SCALE- 1 "-300' I SHEET 3 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 N N PHONE 540 667-0468 FAX 540 667-0469 EMAIL mlls s e ( ) ( ) � h ntel ne 13 OF G1 9 S. W. Marsh No. 001843 DRAWN BY: JGB DWG NAME: W665 APPLE PIE RIDGE ROAD MERMAN OF 739 RECORD VA. SEC. RTE. �B. 666 PG_ 233 N 10'22 41 " W 400.0. 12' (TOTAL) VARIABLE WIDTH R/W 109'9712 N 303.00 14 104 97. 12' 112' DB WELL `- — — 60, BRL DF DF I z rn 0 p , w m I \ w 0 LEG ND I o DF - DRAINFIELD , I DB - DISTRIBUTION BOX LOT 21 LOT 22 RDF - RESERVE DRAINFIELD BRL - BUILDING RESTRICTION LINE I 5.5908 ACRES SEE SHEET 5 � Io Z to Gi N --� o `) ' 1 ko pp, o v n o I / 2 (TOTAL) 53�, p0 o O / / /E o � DF 0 100 0 100 LOT25 LOT 24 SEE SHEET 8 \ SEESHEET ; SCALE: 1 " = 100' SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR .��.�p,A,TI-i OF McGUIRE HILLS N SECTION V U 9 S. W. Marsh GAINESBORO MAGISTERIAL DISTRICT No. 001843 FREDERICK COUNTY, VIRGINIA , DATE- 811112000 SCALE- 1 "-100' SHEET 4 OF 10 L4A'.D suRj��.4 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: ✓GB PHONE (540) 667-0468 - FAX (540) 667-0469 N EMAIL mlls@shentel.net DWG NAME: &1665 LE ND DF - DRAINFIELD DB - DISTRIBUTION BOX RDF - RESERVE DRAINFIELD BRL - BUILDING RESTRICTION LINE 0.6197 ACRES HEREBY DEDICATED TO THE COMMONWEALTH OF VIRGINIA 200 0 200 P� 1p 4� SCALE: 1" = 200' �g��RE��R �k6g k6� Cs JPR �2 20 6 O � � I LOT w J z 1 9.2796 LOT 23 SEE SHEET 426 0 v� m �o \`0 22 ACRES LOT 24 SEE SHEET 7 a -1 m I{ W o. DF 56 N 07'48 01 " w 43 WELL �� 3 46 �� W m 250.05' fl , I / ,1 14 23„ 97. 12 " 8 A0.00 S "� LOT 25 25'OB OF 60•p3 01 . SEE SHEET 8 63' S o\ o 68' LOT 21 DF SEE SHEET 4 .� o l LOT N N SEC ONS 120 boo ENILLOT T10 Zo o �� �cGiIO 9 O Ep: R TIAL ON 1 I LOT 1 US 1 1 SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR I LTH OF L McGUIRE HILLS � SECT/ON V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 811112000 1 SCALE • 1 "-200' 1 SHEET 5 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mllsfshentel.ne �o S. W. Marsh No. 001843 ;; D SURVS�i DRAWN BY: JGB DWG NAME: &1665 LEGEND DF - DRAINFIELD DB - DISTRIBUTION BOX RDF - RESERVE DRAINFIELD BRL - BUILDING RESTRICTION LINE A 0.6197 ACRES o HEREBY DEDICATED TO THE COMMONWEALTH U OF VIRGINIA N p a a� S 71.58 59 "' E >> •� W o 61.99 ' -70 -- z /-S�1.13'10" E \ S / "Zo.39" �02& \ 0 , PTO 1 t , QN \ i I m� I� \ LOT 23 Z� \ 4.6302 ACRES N O �P W \� O LOT 22 o� SEE SHEET 5 o\ WELL 33' o° \ � O \ co \ *Dla � RDfF 50 BRt 100 0 100 k� �C AI F• 1 " = inn' LOT 24 SEE SHEET 7 :RDF Jt t JWlt t / L Ur / U PUN LIM /AML 6C GUKVt /AbFU FINAL SUBDIVISION PLAT FOR I yTH OF McGU/RE HILLS ^-, SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE' 811112000 1 SCALE- 1 "-100' 1 SHEET 6 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 - EMAIL mlls®shentel.ne S. W. Marsh No. 001843 D S U R-q DRAWN BY: ✓GB DWG NAME: &1665 LEGEND DF - DRAINFIELD DB - DISTRIBUTION BOX RDF - RESERVE DRAINFIELD BRL - BUILDING RESTRICTION LINE 200 0 200 SCALE: 1 " = 200' m cy— M O W N c N o� Z� a� m 0.6197 ACRES � 7 0 HEREBY DEDICATED ��j,?48 �0280 TO THE COMMONWEALTH OF VIRGINIA N 1 RD 60 Rl c6 \ LOT 2J SEE SHEET 6 LOT 24 !� 0 7.7321 ACRES h� o � h LOT 25 SEE SHEET 8 / OF95 LOT 22 SEE SHEET 5 Al WELL i GLgND088 IN 1-4" C., 014D H 'Q/ �cp DF o RDF 'N) p4. off\ o .- 1,41 19 LOT 21 IV 1 SEE SHEET 4 !' S �TIONSLol 20 RP IRE LOT L01 ° 10 RE5 iDEN�iP MCGT 9 USE oT � , � SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR I I,TH O.F L McGUIRE HILLS N SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 811112000 1 SCALE- 1 " 200' 1 SHEET 7 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.ne S. W. Marsh No. 001843 �/ D SURVS-.,0 DRAWN BY: JGB DWG NAME: id 1665 0 LE1vD 0.6197 ACRES o M 1.,q �8�1 HEREBY DEDICATED W N vq `SFC N R TO THE COMMONWEALTH c� E RTF �`4D OF VIRGINM N o \ �ipTy a 0 Wo LOT 24 h SEE SHEET 7 0 0��v DB DF / Q Z ° LOT 25 � \ 028B5' 9. J797 ACRES 4�' / V \ o_ OF Al RDF 1T � 1 m / 5' 43 � TD \ o� / 49g3� LOT 21 c' o_ 12gg 1 SEE SHEET 4 � W 2 5 S 6� 42' Iv LOT 19 1 8011% QNS �� \ 0-11 cos 20 P \ DF L DRNNFIELD RE NI 0 oN0: ENTIP� DB - DISTRIBUTION BOX M 9 U L0T \USE• RESIO DRAINFIELD BRL - BUILDING RESTRICTION LINE SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR 200 0 200 SCALE: 1 " = 200' McGUIRE HILLS N SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE- 811112000 1 SCALE. SHEET 8 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - EMAIL mlls®shentel.ne 'LTN OF �O S.W. Marsh No. 001843 �/i D SURVl�� DRAWN BY: ✓GB DWG NAME: id 1665 oe SEE DETAIL LOT 22 ABOVE SEE SST 5 <�� O L3 N 44'1359" 0�91 224.60 ' 0.05' S 44'1359' W 224. � " DETAIL N 44'1359" E /- 224.60' / S 44' 13 59 " W �Z-bmw� 224.65 �� MER1p1AN OF RECORD s �' pg. 666 PG. 233 LOT 23 N 71 58 59 " W Sff shtir 6 61. 99' IQ C) N 1 ia� co S 71 '58 59 " E h / Z ti 656. 82 ' �� 1 LOT 24 ' W SELF SAIMT 7 ` 4 4 � �h RAD= 675. 00: ARC=185.94 0.6197 ACRES CHORD=N 63'19 40" W c�, Ivry HEREBY DED104TED LOT 25 185.36 TO THE COMMONWEALTH Sar SmmT a OF VIRGINIA S >,949:? ,ems 4 _ >>152 1 TOT_'` DB 589 PG �� � LEGEND DF - DRAINFIELD -� Q, DB - DISTRIBUTION BOX PIN 42-A-262A ,� RDF -RESERVE DRAINFIELD LARRY G. & BAR84R4 K. ABRELL 26 -z, BRL -BUILDING RESTRICTION LINE 463 2 0 0 0 ZONED. RA USE- RES SEE SHEET 2 OF 10 FOR LINE TABLE & CURVE TABLE FINAL SUBDIVISION PLAT FOR 200 E SCALE: 1 " = 200' McGUIRE HILLS � SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINM DATE' 811112000 1 SCALE.- 1 " 200' 1 SHEET 9 OF 10 Marsh & Legge Land Surveyors, P.L.0 660 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 N FAX (540) 667-0469 N EMAIL mlls®shentel.ne W- OF P 40.0�/�- ram " 9 S.W. Marsh No. 001843 �If.ND SURl'e r DRAWN BY: ✓GB DWG NAME: id1665 VDH SUBDIVISION APPROVAL STATEMENT This subdivision is approved for individual onsite sewage systems in accordance with the provision of the Code of Virginia and the Sewage Handling and Disposal Regulations (12 VAC 5-610-10 et seq., the "Regulations") [and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances]. This subdivision was submitted to the Health Department for review pursuant to § 32.1- 163.5 of the Code of Virginia, which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a field check of such evaluations. Lot 23 of this subdivision was certified as being in compliance with the Board of Health's regulations by Bruce L. Legge, AOSE #020 (Phone 540/667-0468). This subdivision approval is issued in reliance upon that certification. Pursuant to § 360 of the Regulations, this approval is not an assurance that Sewage Disposal System Construction Permits will be issued for any lot in the subdivision unless that lot is specifically identified as having an approved site for an onsite sewage disposal system, and unless all conditions and circumstances are present at the time of application for a permit as are present at the time of this approval. This subdivision may contain lots that do not have approved sites for onsite sewage systems. This subdivision approval is issued in reliance upon the certification that approved lots are suitable for "traditional systems"; however, actual system designs may be different at the time construction permits are issued. FINAL SUBDIVISION PLAT FOR W GUIRE HILLS SECTION V GAINESBORO MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 8/1112000 I I SHEET 10 OF 10 Marsh & Legge Land Surveyors, P.L.0 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - PAX (540) 667-0469 - EMAIL mlls®shentel.ne TN OF. 'y'ti 1 U S.W. Marsh No. 001843 114 0i/.ND S U R� �-.A: DRAWN BY: ,IGB DWG NAME: W 665 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 Mr. Ritchie Vaught c/o Rappawan, Inc. P. O. Box 346 Front Royal, VA 22630 Dear Mr. Vaught: November 10, 1998 JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-66M FAX (540) 984-5607 Ref.: McGuire Hills Subdivision Route 673 Frederick County On October 14, 1998, I performed a final inspection at the referenced development. At the time of this inspection, the right-of-way improvements in this development are acceptable to VDOT and have been constructed in accordance with the approved plans and specifications. VDOT does accept the construction of this development. Please call should you have any questions. Sincerely, Dave A. Heironimus Highway Permits and Subdivision Specialist, Sr. /ep pc: Mr. S. Melnikoff Mr. John Scully Mr. Bob Hakwins Mr. Eric Lawerence Mr. Kris Tierney WE KEEP VIRGINIA MOVING COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 Mr. Ritchie Vaught c/o Rappawan, Inc. P. O. Box 346 Front Royal, VA 22630 Dear Mr. Vaught: November 10, 1998 JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540) 984-5607 Ref.: McGuire Hills Subdivision Route 673 Frederick County On October 14, 1998, I performed a final inspection at the referenced development. At the time of this inspection, the right-of-way improvements in this development are acceptable to VDOT and have been constructed in accordance with the approved plans and specifications. VDOT does accept the construction of this development. Please call should you have any questions. Sincerely, Dave A. Heirommus Highway Permits and Subdivision Specialist, Sr. /ep pc: Mr. S. Melnikoff Mr. John Scully Mr. Bob Hakwins Mr. Eric Lawerence Mr. Kris Tierney ,�y al0 w �199$ C`-, DUT., Of PLANN'NG C` AND DEVELOPMENT WE KEEP VIRGINIA MOVING 0 °P 739 673 TE 0 650°e oe W 673 CL D088IN ROAD VICINITY MAP SCALE: 1"=2000' APPROVED BY Frederick County Health Department Date / 6L�i� Virginia Department of Transportation Date 11J7,-Z-1174 Subdivision Administrator • Date OWNER'S CONSENT The above and foregoing subdivision of the land of JOHN S. SCULLY, IV, as appears in the accompanying plat, is with the free consent and 'n accordance with the desires of the undersigned owners, proprietors, 7d tr tee if `�� NOTARY PUBLIC 1, L ;,c• /�`j%it� a Notary Public in and for the state of Virginia, at large, do certify that luJ, whose name is signed to the foregoing Owner's Consent, has acknowledged the some before me in my state. Given under my hand this/104 day of %/f�ua-lr 19 qG. My commission expires SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to JOHN S. SCULLY, IV, by deed dated 15 February 1986, said deed recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 612 at Page 136. S. W. Marsh, L. S. P. 1. N. 42 ((A)) PCL 261 ZONED: RP FINAL SUBDIVISION PLA T USE. RESIDENTIAL for e01843 McGUIRE HILLS SECTION VI GAINESBORO MAGISTERIAL DISTRICT Plat: 8570PLT6.dwg FREDERICK COUNTY, VIRGINIA HNO. DATE: 8 August 1996 Cover Sheet Sheet 1 of 9 AAIRsH & IL]EGG1ELand Surveyors, P.L.C. O 139 North Cameron Street Winchester, Virginia 22601 (540) 667-0468 Fax (540) 667-0469 CURVE TABLE Lots 27 thru Lots 35 CURVE RADIUS LENGTH TANGENT CHORD BEARING I DEL TA Cl 144.74 124.33 66.29 120.54' S 83 24 33 W 49'12'56" C2 149.74 57.64' 29.18 57.28' N 8336 27 W 22 03 16 C3 149.74' S7.64' 29.18 57.28' S 74 20'16 W 22 03 16' C4 500, 00' 198.18 100. 41 196.89' N 06 43'12' E 22 42 35 C5 50.00' 59.31 33.70' 55.90' N 38.36'03" W 67 57 32" 475.00 ' ' 106 3 50 59" C7 475, 00' 73. 45 36. 80 73. 38' N 1338 42 ' E 08 51 37" C8 525.00 88.60 44.40 88.49' S 13'14 26' W 09 40 09' C9 525.00' 119.49 60. 01' 119.23' S 0153'08" W 13 02 27" C10 50.00 59.29 33.69 55.88' S 29 02 17 W 675644" C11 144.74' 11.78' 5.90 11.78' S 6103 23" W 0430'33' C12 149.74 1.56' 0.78' 1.56' N 72'16 48" W 0035 50" C13 149. 74' 128.62 68.58 P124.70' N 832433 ' E 49'12 56' AREA SUMMARY P.I.N. 42 ((A)) PCL 261 71.4494 Acres TOTAL Area in Lots Area in R/W (Hereby Dedicated to County of Frederick) TOTAL AREA SECTION V1 P. 1. N. 42 ((A)) PCL 261 (Remainder) LEGEND DF Drainfie/d (Proposed Location) RDF Reserve Drainfie/d (Proposed Location) W Well (Proposed Location) B.R.L. Building Restriction Line NOTES 1. Droinfield to be located at least 5' from all property lines unless Droinfie/d Easement is provided. 2. All lots are subject to a 20' Slope & Drainage Easement along al/ rights -of -way and a 10' Drainage & Utility Easement along all property lines except within area of droinfie/d as shown on plats. J. Iron rods set at all property corners unless otherwise noted. 4. The Temporary Turn -Around Easement as shown on Lots 30, 31 & 32 is to be vacated upon completion of Wilton Drive extended. 27.7272 Acres 1.5307 Acres 29.2579 Acres 42.1915 Acres MINIMUM SETBACK REQUIREMENTS: Fron t = 60' Rear = 50' Side = 15' �T H OF �-P Mc G UIRE HILLS SECTION VI :2 S. W. MARSH 0 CERTIFICATE NO. U 1843 AND SURVV'�Lq - Plot: 8570PLT6.dwg z DATE: 8 August 1996 CURVE TABLE Sheet 2 of 9 MARSH & ]LlEGG1E Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Vulinia 22601 (540) 667-0468 Fox (540) 667-0469 J E SHEET 6 30 0 SHEET 6 32 I J SHEET 7 FUTURE DEVELOPMENT 42.192 Ac. Remalning MWIMMITS 0 zoo 400 Soo Graphic Scale in Feet 1 400' PST H OF Mc G UIRE HILLS ti SECTION VI S. W. MARSH Z O CERTIFICATE NO. — v 1843 Plat: 8570PL T6. dwg DATE: 8 August 1996 SCALE: 1 "=400 Sheet 3 of 9 MARSH & IL]EGG E �qNo SURVIC � Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Virginia 22601 (540) 667-0468 Fax (540) 667-0469 � J Q W J W0o� N > J s� �I N� O Lot 28 SEE SHEET 5 OF 9 N 79 40'33" E 238.06' 10�—� _ _ _ 44 f -- B.R.L.. — i 4' S > >66 F DF �2 I V I 1 C9 I W I LOT 27 m 4.0868 A CRES P.I.N. 42-22-27 I Ih I I I I I RDF /, I I I ! I I I I JI I �I I m1 I o �\ I �\ I 06 p'1'O �� 30' Private Ingress/Egress `Scup'r Esm't to serve Section Vll 13 tiT9` C1 O . N 31 °11'48" W 1 C 2.87' N 31 '11 '48 " 5.00, VA. SEC. RTE 673 GLENDOBBIN ROAD VARIABLE WIDTH R/W NOTE.• ACCESS TO LOT 27 IS TO BE PROVIDED FROM WILTON DRIVE ONLY. MINIMUM SETBACK REQUIREMENTS. Fron t = 60' Rear = 50' Side = 15' LEGEND DF Drainfield (Proposed Location) rd SIGN MAINTENANCE & SIGHT EASEMENT RDF Reserve Drainfield (Proposed Location) 0 50 100 200 W Well (Proposed Location) B.R.L. Building Restriction Line Graphic Scale in Feet 1 "=100' SEE SHEET 2 OF 9 FOR CURVE TABLE P�1 H OF W G UIRE HILLS ti SECTION VI QVPlot: 8570PL T6. d wg Z — DATE: 8 August 1996 SCALE: 1 "=100' Sheet 4 of 9 MARSH & IL]EGG1ELand Surveyors, P.L.C. 139 North Cameron Sheet Whichester, Virginia 22WI (540) 667-0468 Fax (540) 667-0469 SECTION VH JOHN S. SCULLY, IV ZONED: RP USE: RESIDENTIAL Lot 27 27;36g' 20;32'47" E — GEORGE B. Dg 27/ERPESE L. R/TTER 20l/Ep. RA s94 USE'' RES/DENRAL 88p O0 , \\ LOT 28 -j i LOT 2J o_ \ 2.9177 A CRES m j I 2.2957 A CRES � I cW,+`\\\ P.I.N. 42-22-28 I P.I.N. 42-22-29Vo m1 I I T \ W S�'•9 Itf)� 90 SEE SHEET 4 OF 9 I \ f DF 3 � I I Z 60 o 60' MINIMUM SETBACK Fron t = 60' Rear = 50' Side = 15' LECrEND I DRIVE ,,, 60 -0 h'llr 4821 A CRES ('edico fed t0 County 0" Frederi ck) REQUIREMENTS. DF Droinfield (Proposed Location) RDF Reserve Drainfield (Proposed Location) W Well (Proposed Location) B.R.L. Building Restriction Line SEE SHEET 2 OF 9 FOR CURVE TABLE S. W. MARSH z 0 CERTIFICATE NO. 0 1843 k�ND SURVV(0-r4 Mc G UIRE HILLS Plat: 8570PL T6. N - Lot 30 SEE SHEET 6 OF 9 0 50 too 200 Graphic Scale in Feet 1 "--100' SECTION VI DATE: 8 August 1996 1 SCALE: 1"=100' I Sheet 5 of 9 1 MARSH[ & ILEGGIE Land Surveyors, P.L.C. 139 North Cameron Street Wirchester, Virginia 22601 (540) 667-0468 Fox (540) 667-0469 GEORGE B. & L, DB 271 ti TyERESEp 594 ZONED: RA USE. RES/DEN RAL 201.25 -0 30„'41 " E 09. 110.6' 1 50' — IDF / I J � DF R/TTER zo 014 I 1 �I 1 �I Lot 29 SEE SHEET 5 OF 9 �^ LOT 30 m J LOT 31 2.3263 ACRES I I m 2.3263 ACRES `O J o o f P.I.N. 42-22-30 ^ J h P.I.N. 42-22-31 1 I� I I � �I I W I, I Iro �Z,2,01-06' 60'B.TTtl R60BR0AR ARotlND J718'. WI�1V DRI50' R 212.67'��1.4821 ACRES S 5I (Dedicatedto Count 8 04 ;30 " 2255001 y of Frederick ti 703.15I' 25.01' Lot 32 SEE SHEET 7 OF 9 MINIMUM SETBACK Fron t = 60' Rear = 50' Side = 15' REQUIREMENTS. LEGEND DF Drainfield (Proposed Location) RDF Reserve Drainfield (Proposed Location) W Well (Proposed Location) B.R.L Building Restriction Line SEE SHEET 2 OF 9 FOR CURVE TABLE P,T H OF S. W. MARSH Z 0 CERTIFICATE NO. — V 1843 �iND SUR�E� Mc G UIRE HILLS Plat: 8570PL T6. L ORETTA F TURNER D8 508 p >55 ZONED: RA USE,. RES/DENT/AL v �QNQ �xgkA J �o ZW-Q: (0 2�0 U J 0 50 100 200 Graphic Scale in Feet 1 "=100' SECTION VI DATE: 8 August 1996 1 SCALE: 1"=100' I Sheet 6 of 9 1 MARSH & ILEGGE Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Vtrgtnta 22601 (540) 667-0466 Fax (540) 667-0469 Lot 30 Lot 31 SEE SHEET 6 OF 9 SEE SHEET 6 OF 9 WILTON DRIVE, 50, R W N 18 0 —______I 4 'Jo' E 70' � 1.4821 ACRES (Dedci t J. 15 Lot 33 SEE SHEET 8 O F ed to Coun ta — y of Frederick) s 38 8QS• °° 0.9 /TEMPORAL` AROUND EASEMENT 60' B.R.L. --- DF II RDF �I 9 I J LOT 32 I I m 4.6041 ACRES °j IP.W. 42-22-32 LO I h N I L50, B.R.L. S 18 0430" 397.92' W T 1257.17 MINIMUM SETBACK Fron t = 60' Rear = 50' Side = 15' LEGEND LOT 7 1 LOT 8 REQUIREMENTS: "GLENSIDE SUBDIVISION" ZONED: RA USE. RESIDENTIAL DF Drainfield (Proposed Location) RDF Reserve Droinfield (Proposed Location) W Well (Proposed Location) B.R.L. Building Restriction Line SEE SHEET 2 OF 9 FOR CURVE TABLE ,BLS H OF S. W. MARSH Z 0 CERTIFICATE NO. — 0 1843 AND SURNJ � LOT 9 Mc G UIRE HILLS Plot: 8570PL T6. FN iL0 0 2 cioN 0 50 100 200 Graphic Scale in Feet 1 "=100' SECTION VI DATE: 8 August 1996 1 SCALE: 1"=100' ISheet 7 of 9 1 MARSH[ & IL1EGGlE Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Virginia 22601 (540) 667-0468 Fax (540) 667-0469 Lot 34 SEE SHEET 9 OF 9 40) WllrOA,'ORIV s9• �Dedioat3to43"82E q' )st7.6' CBE ofN 18 D¢ 0 F4 4r3ekW� III / DF / Lr) II II 20' DRAINAGE EASEMENT Ii LOT 33 1 4.1796 ACRES P.I.N. 42-22-33 rn II N II C I I II i 5p frG. MINIMUM SETBACK REQUIREMENTS. Fron t = 60' Rear = 50' Side = 15' 314 18 43 04 s4„ � ti 125> COT SA G�ENSjpE vS ZCNED R /fi/SYO/V E %?ES/DEN7144 W I / O m� h hl h I l� l Lo t 3,2 l SEE SHEET 7 OF 9 � o i 1^ LOT LEGEND 0 50 100 zoo DF Drainfie/d (Proposed Location) RDF Reserve Droinfie/d (Proposed Location) W Well (Proposed Location) Graphic Scale in Feet B.R.L Building Restriction Line 1 "--100' SEE SHEET 2 OF 9 FOR CURVE TABLE 2CERTIFICATE WGUIRE HILLS ru SECTION VI P/at: 8570PLT6.dwq HNO. Z DATE: 8 August 1996 SCALE: 1"=100' Sheet 8 of 9 MA.1R.SH & ILEGGE Land Surveyors, P.L.C. O 199 North Cameron Street Winchester, Virginia 22601 (e) (540) 667-0468 Fax (540) 667-0469 C 13, LIGN MAINTENANCE C SIGHT EASEMENT 0.0486 Ac. 5' Strip Dedicot to County of Frederick for WILTSN DRIVE, 50' Raw 1 4821 ACRE f Frederick) (pedicated .to County 21 C4 37g 51' C6 � N 4438 p5 123.61 w 32.4 • B R.L• C5. 12/ w� % 60' B.R.L. I 5' I 134.7' 1 DF 1I I LOT 35 future road // I 2.4027 ACRES widening // P.I.N. 42-22-35 Izo ZI ' 3 61,1 DF I I I \ I I v�l I co I h tnI LOT 34 �I 2.5880 ACRES o I I Lot 33 I 1 P.I.N. 42-22-34 II SEE SHEET 8 OF 9 I I 1I 117.4' I ; c� 'cp 500, �. �' 3p6 28 GOT S 18 Q4 0 4or 2 �I I o NI I % I N Ivj it � I I 125� 17' 50, GLENS/DE- SOT 3 Soso/v/S/ON • I I ZOr ¢ ZONED. Rq USE RES1DEN7144 NOTE. ACCESS TO LOT 35 IS TO BE PROVIDED FROM WILTON DRIVE ONLY. MINIMUM SETBACK REQUIREMENTS: Fron t = 60' Reor = 50' Side = 15' LEGEND DF Drainfie/d (Proposed Location) 0 50 too zoo RDF Reserve Droinfie/d (Proposed Location) W Well (Proposed Location) B.R.L. Building Restriction Line Graphic Scale in Feet SEE SHEET 2 OF 9 FOR CURVE TABLE 1 "=100' '00 PST H OF W G UIRE HILLS ru SECTION VI � Plot: 8570PL T6. dwg z S. W. MARSH Z O CERTIFICATE NO. DATE: 8 August 1996 SCALE: 1"=100' Sheet 9 of 9 U 1843 MARSH & ILIEGGE Land Surveyom P.L.C. qNO SUR\0 139 North Cameron Street Winchester, Virginia 22601 (540) 667-0468 Fax (540) 667-0469 THIS DEED OF DEDICATION made and dated this 5th day of December, 1996, by and between JOHN S. SCULLY, IV, party of the first part, hereinafter called Grantor, and COUNTY OF FREDERICK. VIRGINIA, party of the second part, hereinafter called Grantee. WHEREAS, the Grantor is the owner of all of that certain tract or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 29.2579 acres; and being a portion of the same land conveyed to the Grantor herein by deed dated February 15, 1986, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 612 at Page 136; and more particularly shown by survey drawn by S. W. Marsh, L.S., dated August 8, 1996, attached hereto and by this reference made a part hereof as if set out in full; and, WHEREAS, it is the desire of the Grantor to subdivide the same into lots to be known as McGuire Hills, Section VI and as shown on the aforesaid attached survey referenced above; and, WHEREAS, the Grantee has approved the subject subdivision as evidenced by this signature of its Subdivision Administrator on the aforesaid attached survey. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for and in consideration of the premises and benefits which will accrue by reason of this dedication, the Grantor does hereby subdivided, grant, and dedicate, in fee simple, all of that certain portion of land designated as McGuire Hills, Section VI, located in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described by the aforesaid attached survey which is by this reference incorporated as a part of this deed is set apart for streets, or other public use, and to create a public right of possession of the same, and being a portion of the same land conveyed to the Grantor herein by deed dated February 15, 1986, of record in the aforesaid Clerk's Office in Deed Book 612 at Page 136. All of the lots, as shown on the aforesaid attached survey shall be subject to the following covenants, conditions, reservations, and restriction, each and every one of which is, and all are, for the benefit of each owner of land in McGuire Hills, Section VI and shall pass with each and every conveyance of land hereby dedicated and shall bind 1 the respective successors in interest of the Grantor herein and may be enforced by any owner of land in McGuire Hills, Section VI. Each and every one of these covenants, conditions, reservations or restrictions is, and all are, for the benefit of each owner of land in said subdivision, or any interest therein, and shall inure to and pass with each and every conveyance of lots in said subdivision, and shall bind the respective successors in interest of the present owner thereof. These covenants, conditions, reservations and restrictions are intended to be and are hereby constituted covenants real running with the land and each conveyance shall contain these restrictions, or incorporate them by reference, to -wit: 1. LAND USE: No lot shall be used except for single family residential purposes. No home occupation of any type shall be allowed on said lots. 2. BUILDING TYPES: No building or structure of any kind whatsoever shall be erected, altered, placed, or permitted to remain on any lot, other than a permanent single family dwelling. No such dwelling shall exceed two stories above foundation line in height. No other building or improvements shall be erected altered, or placed or permitted to remain on any lot other than a carport or garage, patio walls, swimming pool, wooden fences, as hereinafter described, and other outbuildings for use and enjoyment of the lot for residential purposes. Any gazebo, garden shed, .other outbuildings, mailbox, newspaper box or receptacle of any type, shall not be placed on a lot unless approved by the Architectural Committee hereinafter referred to. Any garage or carport as herein before provided shall be homogeneous in design to the dwelling. No mobile homes are permitted on any of said lots. No recreational type camper or trailer shall be parked on any of said lots until such time as a home is built on such lot and thereafter, such recreational camper trailer or recreational vehicle must be stored within a garage area so that the same may not be seen from any roadway. 3. BUILDING LOCATION: All buildings of any type, including porches, verandas and garages, or any portion thereof, shall be located in compliance with the then requirements of the Frederick County, Virginia Ordinances. If two or more adjoining lots are acquired by the same owner, a home may be built on more than one lot and in such case, the restriction pertaining to minimum side lot lines shall not apply to the common boundary line of the two lots which have been joined. The Grantor is to approve the location of the house on any of said lots. No trees (unless dead) 10" or more in diameter are to be cut or removed 2 from any lot unless in direct conflict of a building or improvement location. 4. TOTAL FINISHED SPACE: No dwelling is to be erected or maintained on any of said lots to contain less than 2,500 Square Feet of living space (outside foundation dimensions), exclusive of open porches, carports, garage, and basements. 5. BUILDING EXTERIOR CONSTRUCTION: No dwelling, garage or other building shall be erected or placed on any lot which has an exterior construction other than brick, wood, stone, dryvit, or combination thereof, unless otherwise approved by the Architectural Committee. Any exterior solar design or antennae, satellite dish, towers, transmitters for radio, television, microwave, or the like, must be screened and approved by the Architectural Committee. In this respect, the Architectural Committee may engage such professional services for review of plans and each lot owner submitting said plans shall pay the reasonable charges made for review by the professional services. 6. TEMPORARY STRUCTURES: No structures of a temporary nature, including but not limited to, trailers, mobile homes, campers, basement, tents, shacks, garages, barns, or other outbuildings, shall be used on any lot at any time as a residence, either temporary or permanent. 7. FENCES: Fences located in the front or on the side of the house must be constructed of wooden board or rail, or other material approved by the Architectural Committee, and any such fence shall not exceed forty-eight inches in height. Fencing in the rear of the house may not exceed seventy-two inches in height and the material and design shall be subject to the approval of the Architectural Committee, but in no event shall chain link fences be used. All fences contracted shall be kept and maintained in good repair, including painting and staining, if the same is required. 8. CLOTHES LINES: Clothes lines or drying yards shall be so located as not to be visible from the street serving the premises. 9. SIGNS: No sign of any kind shall be displayed to the public on said lots, except for signs not larger than 5 square feet advertising the property for sale, provided, however, that the Grantor may erect two signs of any size in order to display the property for sale. Signs indicating the name of the residence not larger than 5 square feet may be permitted with the approval of the Architectural Committee. 10. GARBAGE AND REFUSE DISPOSAL: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste, shall not be kept except in sanitary containers with tops, said containers to have a capacity of not more than fifty gallons. 11. ANIMALS: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept for personal pets. All dogs and cats shall be restricted to the lot(s) of their owner and shall not be allowed to roam the subdivision of McGuire Hills. 12. WATER SUPPLY: No individual water supply system shall be permitted on any lot unless located, constructed, and equipped in accordance with the requirements, standards, and regulations of the Frederick County Health Department and State and local ordinances, and unless approval for said system is obtained from the Frederick County Health Department. 13. SEWAGE DISPOSAL: No individual sewage -disposal system shall be permitted on any lot unless such system is designed, located, and constructed in accordance with the requirements, standards, and regulations of the Frederick County Health Department and State and local ordinances, and unless approval for said system is obtained from the Frederick County Health Department. 14. MAINTENANCE OF DRAINAGE EASEMENT(S). The property dedicated hereby is subject to a certain drainage easement over Lots 33 & 34 and the easement may not be altered or modified without the prior consent of the County of Frederick. The Grantor agrees that the County of Frederick shall be under no obligation to maintain said surface drainage easement; the duty to maintain the easements shall at all times be the responsibility of the lot owner(s) over which the easements run. 15. OFF-STREET PARKING: After a residence is built on any of said lots, the lot owner shall provide in connection therewith off-street parking space of at least 12' x 50'. 16. TRUCKS: No lot shall be used for the parking of trucks of a load capacity of more than one ton, or tractor/trailers, and no such trucks or tractor/trailers shall be parked on any street in this subdivision. No lot shall be used for manufacturing purposes or for the sale, parking, or storage of new or second-hand automobiles or other motion vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this purpose, an abandoned motor vehicle is defined as one which 4 bears no or expired license plates and has not been operated within six months on a public street or highway.) 17. SIGHT DISTANCES AT INTERSECTIONS: The Grantor does further declare a sight easement over Lots 27 and 35 and an easement for the maintenance of VDOT signs over Lots 27 and 35 as shown on the aforesaid plat. 18. RESUBDIVISION AND EASEMENTS: None of the lots shall at any time be subdivided, conveyed or sold except as a whole unless the sale or conveyance results in a lot larger than the lot size as shown on the aforesaid attached survey. No easement or right of way shall be granted, except for Lot 27, over any of said lots except for the purposes of public utility, (water, sewer, electric, gas, telephone, cable television, etc.) If two or more adjoining lots are acquired by the same owner; none of said lots shall be conveyed by said owner unless the lot being sold and each lot being retained by that owner are in compliance with all of these covenants and restrictions. 19. NUISANCES: No noxious or offensive activity shall be carried on any lot, nor shall anything be done thereon which may be or may become an annoyance or, nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with State laws and local ordinances. No unlicensed motorcycles, trail bikes, snow mobiles, or the like, shall be operated on the -roadways. or common passageways, as indicated on the survey of Snow Hill. 20. HOUSE PLANS: The Grantor reserves the right for itself, its successors and assigns, or an Architectural Committee being itself or appointed by it, its successors or assigns, to reject any and all plans for houses or other structures proposed to be constructed on any lot. The Grantor retains the majority vote on the Architectural Committee. 21. WAIVER: The Grantor shall reserve the right to waive any and all of the restrictive covenants contained herein except restriction No. 1 as pertains to LAND USE, and restriction No. 4 as pertains to TOTAL FINISHED SPACE of dwellings. This right o waiver shall not affect the binding effect of the covenants and conditions upon any lot. 22. RESERVATIONS: The Grantor reserves unto itself, its successors and assigns, the right to erect, maintain, operate and replace underground and above ground telephone and electric light conduits, related equipment, and other facility, sewer gas, water, and television lines and related 5 equipment, and other utility equipment where such utility lines and equipment are now located and along the strip 10 ft. along the front rear of each lot and a 10 ft. strip centered on the side line of each adjoining lot, and a 10 ft. strip along the boundary of all nonadjoinb lots. The Grantor further reserves the right alone to impose additional restrictive covenants and restrictions as to the sale and transfer of an or lots owned by it and such imposition shall not affect the binding of these provisions upon any other lot. Invalidation of any one of tl covenants or restrictions contained herein by judgment or court orde shall in no wise affect any of the other provisions, which shall rema full force and effect. The failure of the lot owners or the Grantor/Developer to enforce any covenant or restriction shall not bi deemed to be a waiver of the right to do so thereafter as to a defaul occurring prior or subsequent thereto. Any or all of the rights, powers, duties and obligations which, in thi instrument, are assumed by, reserved, or given to the Grantor, its successors or assigns, for the said Architectural Committee, may be assigned or transferred to any one or more corporations or associatic ,which will agree to assume said rights, powers, duties, and obligatic and carry out and perform the same. Any such assignment or transi shall be made by appropriate instrument in writing in which the assi or. transferee shall join for the purpose of evidencing its acceptance such rights, powers, duties, and obligations, which instrument shall recorded; and such assignee or transferee shall thereupon have the s rights and powers and be subject to the same obligations and duties herein given to and assumed by the Grantor, its successors or assigi the said Architectural Committee. In the event of such assignment transfer, the Grantor, its successors or assigns, or said Architectural Committee, shall thereupon be released from all of the rights, powe duties, and obligations in this instrument reserved or given to and assumed by the Grantor, its successors or assigns, or the said Architectural Committee. The right of assignment hereby reserved Grantor, its successors or assigns, and the said Architectural Comn is so reserved to the end that the rights, powers, duties, and obliga reserved and given to them may be assigned to an association or corporation formed by the owners of lots in said subdivision for tl purpose of accepting said assignment; and such assignment may b( at such time as the Grantor, it successors or assigns, and the said Architectural Committee shall jointly determine. Z 23. ARCHITECTURAL COMMITTEE: The Grantor shall constitute the Architectural Committee and shall have the power to appoint its successor in interest, and such Architectural Committee shall have no liability whatsoever, either direct or indirect, on the approval or disapproval of matters as set for the hereinabove, but such power in the Architectural Committee shall be solely discretionary. The size of the Architectural Committee shall be determined by the Grantor, or its duly nominated successors in interest. If the said Architectural Committee, or its duly authorized representative, shall fail to approve or disapprove any proposed plans, specifications, or locations within thirty days after the same shall have been submitted to the Grantor for approval, such plans, specifications, and locations shall be deemed to have received the approval of said Committee, or its duly authorized representative. In the event that the Grantor fails to appoint an Architectural Committee, or if such Architectural Committee has been formed but is later disbanded, then approval for plans may be obtained by the lot owner submitting plans drawn and signed by a licensed architect int he State of Virginia, and in addition, if the plans are for an allowed outbuilding, then such architect .shall further certify that the design is homogeneous with the existing structure on said lot. 24. TERMS: These restrictions are covenants real which shall run with the land and shall be binding upon all future lot owners, and those claiming under them, for a period of seven (7) years from date of recordation of the Deed of Dedication. Thereafter, these restrictions shall be automatically extended for successive periods, of seven (7) years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the restrictions in whole or in part is recorded int he land records of Frederick County, Virginia prior to the commencements of one of the said seven (7) year terms. 25. ENFORCEMENT: The Grantor and any and every person hereafter having any right, title, or interest in any lot shall have the right to prevent or stop violation or attempted violation of any of these restrictions, by injunction or other lawful procedure, and to recover any damages resulting from such violation, subject to the reservations of the Grantor set forth in paragraphs 21 and 22 above. 26. SEVERABILITY: Invalidation of any one of these covenants by judgment or court order of in any other manner, shall in no way affect any of the other provisions, which shall remain in full force and effect. fd The above and foregoing subdivision of McGuire Hills, Section VI, more particularly described by the aforesaid attached survey of S.W. Marsh, L.S., dated August 8, 1996, is with the free consent and in accordance with the desire of the undersigned Owner. WITNESS the following signature and seal: DECLARANT: (SEAL) S. SCULLY, IV STATE OF VIRGINIA cam a -y OF A 2E4-2M I CK , TO -WIT: I, W, 11) A%/NE M l LL El2 , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that John S. Scully, IV,. whose name is signed to the foregoing Deed of Dedication, dated the ,,day of J)ff:C_gW a E,,C_, 1996, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this6& day of 'T Al It A4,44 , 1917 My Commission expires: �,�-�Q.G E� 3 -2— — c:\wp60\rcW.est\mcguireh.dd(6060) (SEAL) OTARYPUBL 8 ,fie.-FWt APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: April 8,1996 Application # Fee Paid _V Applicant/Agent: Gilbert W. Clifford & Associates, Inc. Address: 200 N. Cameron Street Winchester, Virginia 22601 Stephen M. Gyurisin Phone: 540-667-2139 Owners Name: Tohn Scully, IV c/o Colony Realty Address: 112 N. Cameron Street Winchester, Virginia 22601 Phone: 540-662-0323 Please list names of all owners, principals and/or majority shockholders: Tohn S. Scully, IV Contact Person: Stephen M._Gvurisin Phone: 540-667-2139 Name of Subdivision: McGuire Hills Number of Lots: 9 Total Acreage: 27.7272 Property Location: A1212le Pie Ridge Road and Glendobbin Road intersection (Give State Rt.#, name, distance and direction from intersection) Magisterial District: all Property Identification Number (PIN): 42 - ((A)) - Property zoning and present use: Residential Performance (RP) zoning and Vacant use. Adjoining property zoning and use: Residential Performance (RP) & Rural Area (RA) zoning and Resident/Vacant use. Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes X No What was the MDP title? McGuire HILLS M.D.P. Does the plat contain any changes from the approved MDP? Yes If yes, specify what changes: No X Minimum Lot Size (smallest lot): 100,000 S.F. lots Number and types of housing units in this development: Number: 9 Types: Single Family Residential Marsh & Leggy LETTER 1. TRANSMITTAL Land Surveyors, P.L.C. 139 N. Cameron Street Winchester, Virginia 22601 540-667-0468 TO: WE ARE SENDING YOU ATTACHED HAND DELIVERED UNDER SEPARATE COVER Present Date: N Ze'(o Job No: Attention: - Re: THE FOLLOWING ITEMS PLATS PLANS PRINTS CUTSHEET OTHER COPY OF LETTER COPIES DATE DESCRIPTION ARE TRANSMITTED: FOR APPROVAL FOR YOUR USE FOR REVIEW OR COMMENT AS REQUESTED REMARKS t' fa,// a-//W� Aaw ll�' APPROVED/SUBMITTED _ APPROVED/AS NOTED RETURN/CORRECTIONS X RETURN WITH SIGNATURES COPY TO: SIGNED _ _ /41� CL� /& t/�T SUBDIVISION #010-96 MCGUIRE HILLS, Stonewall iW,OVED SECTION VIA 9 �I