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HomeMy WebLinkAboutAlbin Acres Section I 7 Lots Rt 679 Gainesboro - Backfile (2)1 June 15, 1973 Mr. Thomas C. Glass, P.E., C.L.S. TRICO Associates Engineers - Planners - Surveyors ! Route 3 Box 269 - Route 11 South Winchester, Virginia 22601 RE: Albin Acres Subdivision Dear Tom: At a Regular Meeting of the Frederick County Board of Supervisors on June 13, 1973, the Board approved the Preliminary Plat of Albin Acres Subdivision with the following modifications: 1. Extend platted right-of-vay,'-of Thwaite Avenue from cul-de-sac Dto southwest property line of Albin Acres. 2. Plat a drainage easement along €4lot line to the subdivision boundary. a 3. Name the side street off of Thwaite Avenue. 4. Owner is not shown on the plat. Enclosed please find one copy of the Preliminary Plat with these corrections marked thereon. Should you have any questions, please advise. Sincerely yours, J. 0. Renalds, III, P.E. County Administrator JOR:dsl cc: Don E. Krueger, P.E. H. Ronald Berg, Associate, A.I.P. 71 Arieberick Tiouxtt� - vttr xT `'�'uperiiisarS 1/ JUETTE O. RENALCS 1 i 1 9 COURT SQUARE "COUNTY ADMINISTRATOR - WINCHE:STER. VIRGINIA 22601 June 15, 1973 Mr. Thomas C. Glass, P.E., C.L.S. TRICO Associates ' Engineers Planners - Surveyors Route 3 Box 269 Route 11 South. Winchester, Virginia 22601 RE: Albin Acres Subdivision Dear Tom: At a Regular Meeting of the Frederick County Board of Supervisors on June 13, 1973, the Board approved the Preliminary Plat of Albin Acres Subdivision with the following modifications: 1. Extend platted right-of-way of Thwaite Avenue from cul-de-sac to southwest property line of Albin Acres. 2. Plat a drainage easement along a`lot line to the subdivision boundary. 3. Name the side street off of Thwaite Avenue. 4. Owner is not shown on the plat. Enclosed please find one copy of the Preliminary Plat with these corrections marked thereon. Should you have any questions, please advise. Sincerely yours, J. 0. Renalds, III, P.E. County Administrator JOR:ds1 cc: Don E. Krueger, P.E. H. Ronald Berg, Associate, A.I.P. 703 - 667-2365 0 \ t7 MEMORANDUM TO: /Resident Engineer, Virginia Department Director, Winchester -Frederick County Health Department Director, Frederick County Sanitation Authority Director, Frederick County Parks & Recreation Department Zoning Administrator SUBJECT: Subdivision Review - Preliminary and/or Master Plan DATE: Xay 15, 1973 Attachedfor, your review is the Preliminary and/or Master Plan of Albin Acres Subdivision. Please provide us with any comments you have by the close of business on June 5, 1973 . Space is provided below for comments; use additional sheets..if necessary. Ann K. Kelican Deputy Secretary TO: Subdivision Administrator, Frederick County, Virginia DATE: The Preliminary and/or Master Plan has been reviewed and comments I � � / 73 ( Signature ) 2&wo ( Organizfation ) j yw 1 MEMORANDUM TO: Resident Engineer, Virginia Department 49erector, Winchester -Frederick County Health Department irector, Frederick County Sanitation Authority Director, Frederick County Parks & Recreation Department Zoning Administrator SUBJECT: Subdivision Review - Preliminary and/or Master Plan DATE: May 15, 1973 Attached for, your review is the Preliminary and/or Master Plan of Albin Acres Subdivision. Please provide us with any comments you have by the close of business on June 5, 1973 . Space is provided below for comments; use additional sheets..if necessary. Ann K. Kelican Deputy Secretary TO: Subdivision Administrator, Frederick County, Virginia DATE: -Z Q/73 The Preliminary and/or Master Plan has been reviewed and comments are as follows: 1.,is �,[r��' srf�TF..Z2. nrsLP�E�ir�liiy.�e� �4T 2, / R Y.AFI1E' T'�Le�,e 0e23_ E OdAegjZ61Z"M A8E AYT2VAIDED . � sr eAwET 1�,X71JUVWZ6,66 ,�' .0,69 ^4.04ng AVER i1 0 T "MED. S.y"i7AT/Da/ Aifw0,0/7 d ( Organization ) MEMORANDUM TO: Resident Engineer, Virginia Department Director, Winchester -Frederick County Health Department Y'rector, Frederick County Sanitation Authority /Director, Frederick County Parks & Recreation Department Zoning Administrator SUBJECT: Subdivision Review - Preliminary and/or Master Plan DATE May 15, 1973 Attached for your review is the Preliminary and/or Master Plan of Albin Acres Subdivision. Please provide us with any comments you have by the close of business on June 5. 1973 . Space is provided below for comments; use additional sheets if necessary. Ann K. Kelican Deputy Secretary h TO: Subdivision Administrator, Frederick County, Virginia DATE: + The Preliminary. and/or Master Plan has been reviewed and comments are as follows: 1. The plat of Albin Acres has no provision for recreation land. The Frederick County Parks and Recreation Department recommends $100.00 ..lot for 198 making the Total $1,900,00, ( Signature ) ( Organi ation ) i 1 ., TO: Resident Engineer, Virginia Department Director, Winchester -Frederick County Health Department Director, Frederick County Sanitation Authority Director, Frederick County Parks & Recreation Department /L oning, Administrator SUBJECT: Subdivision Review - Preliminary and/or Master Plan DATE: May 151 1973 Attachedfor- your review is the Preliminary and/or Master Plan of Albin Acres Subdivision. Please provide us with any comments you have by the close of business on June 5 1973 . Space is provided below for comments; use additional sheets if necessary. Ann K. Kelican Deputy Secretary TO: Subdivision Administrator, Frederick County, Virginia DATE: ?3 The Preliminary and/or Master Plan has been reviewed and comments r. ( Signature ) ( rgauiz n ) e .,Vr 0, 1 o•� 1.00 3,g 0 ro t 7.,l zogo tZZ d D 2.8�0 q3 Sb l l 2.z 1 o qs 3 `�-�� 3 2,a �53Y PRELIMINARY $UBDTVI:S'T'ON PLAT 'SUMMARY 1. Subdivision Name -L -18l' . " ..A. " K E. . ' " ....' ................. 2. Date Submitted to Administrator " 'M A ..... 3. Owner/Developer/Subdivider' ......... .... .. ............... i 4. Engineer/Surveyor' T�IC 0.... " 5. Zoning Classification of Area ... iO ..: ¢ -'oZ$'', 19'7 5 6. Location ��.. 6.7 q ........... �0a 6A.Adjoinin-g Property Uses ; 7. Total Acreage 'L 1 7. 1 G-�-- 8. Number of Lots �q 9. Average Size Lot 3% oZ S" a,'"e,re 10. Streets O( Water and/or Sewer Availability & Source v v 12. Easements-�.�. 13. Storm Drainage c M P per.¢. 14. Recreation Areas ape 15. Covenants and/or Deed Restrictions �- 16. Approvals (As Applicable) Date - Comments Health epartment Approval anitation Authority Approval Hi-gWw—ay Department Approval Sq" Q• R: 31 ' Vtr�{ tout �590, qs MONUMENT N all � N V I w 3 o � _ d N e q 57 3S � 27•• w n �L.1�T o� p. �u2wE�f of ,ram U POLzZ'lUN Ot= TtAt_. l ANC '! � CON�EYt=t' �'o GtLPSE2.T MA-�1' � t��� At`cc� 2EG.or�aEv - Itv DEEC> PwOK Zit • Pl�G� 3loly �2�dEF�tCK- i x LOV (VT�C V_t tZG I M to . 0 Cut�.vE see pE-LTA CLADtUS A¢.G. G4b420 GH02(� 8E'.IaQ.tt�Ce l l9'�4" 25°l0.95 1 �j0.03 (r70.00� r7 riT � "i5 � 20" E /a►Pt�f'�.OVA•L. FRO L-OG GEm- T-l1E SL{F�DIYiSION O� LAt-#0 A.S tT �S.PPEA OA! T4-11S SLAT. IS W1TN TNrc-. "ZEE 'CANSEL�tT UP��1VIb107.! o.OMtN1�jT2A.TOCL _ At -AO LN ACC.O@pANGE wtTH..-TtiE .pEStREs a T w T' S i F.V—= 'S�s�CI!�GI��. p sa.TE. 5 l cy 0 N cpA,,w.%e u ev GATE It- Z?--73 ( ;..,� - M-s pW wa.. C3Y SGG Ce1Lrt P. OWE GOQattGT v R iCO ASS0CI A.TF.S f Ne. ENGSPIE_Ef2.� PLAtvttE.szS SuRvt��toQ.S 6Co2- 15s !• P-OVTV -05 f3aX Z&" r-r. 11 S40UT►1 vJtwACHESTEiZ.,�/A. 22fo01 I� 4 A`0 10 K -O.C. 15t-40"ENT 0 Q lit J „ PLAT O>r Pr SUtz�/H.`f Cat=- .a CowvEYc-f� �-a G1�.t3EQ.T "'C7ovE J2. 3Y ©�E© pJ�TcJ� MA`{ � I�lCo� At�tC� tZ.rcL_OQ.OEt7 I1V DECp t3C7OK 2-ii FAdCGIE- 31010 Cl� T2.�! E s+c O ELTA RAp.4 V S A-QL- c43CGz 0 G(-t C7{z S7 BEt�iZ\h1G t ��t9'O4" ZSalo.95 �50.03 t5o.ov S �iT� 'ss' 20•' G /a. P t�20VAt` P-5 K V Pj L7lV �'�ION ACJM�N\jT2AT0(Z i-!iE SUt3DlVISION OF' LLB-L�-tiD A.� \T Q.PC�EAQ ON TNtS PLlST tS wtTt+ rHE SEE coNSEt\tT .�P1p INN A Nzt7�tvC� WITH -LtiE pEStiZES OE TN w tz-S ND _ UST�ES, O.�TE 6o0 ratrn.o.rs..r SuavEY v n�T E l l- Z -7 - -7 3 Ce2Z- aI¢O G.O¢ac r-CT qw wa. i3Y `jGt^ iR iCO A55®G1 Ab,.-r SSP 1 NG. �I`tG1NC-Ey2Gi pt_suSZN/Ellloa.5 2<09 IZT. 11 SOVTid W 1 lv c N E ST Es g, v A, -T-Co0 \ Fr AV W, Ri 0, 49 x Rt- 47 DP A lu Ay <1 % C*4 A AIT 144 O - N, 40 V ^per 0. 4& A'P toy A 4*,4rl We 9 R OM W, SURVEYCIWS CERIISCA"M MGMA T=--I? OF 11 1,1?. Tj A I VtM%V CXGZT" TohMr '9649 V'-AOkT '-*tCw" meltuc*4 is CORMCf & T%4AT I*r tb A. 30,%mnew" OF A. Pawnel-a Or LArAo LOM 7. -UBJ7r-r TO APPRUM DMAF?Pal*A' CK r-MD!ITML Pf"UCT %41161- CXZ&'Vh^4rm IA 3� C? - "P wkwreCp CCCf,3wtmaQ Iff rf ,IS r!T C,7 WMAIGS PLU".: ac"t term r U=u illu p3rtment C,%,,P AaA0&A& 'COS Approved-. -7-S W, H, tuTFZKP, �.D&-& fEWX1. LMD FATRUVA-1 IMM Frederick rd of ors Owun."). CERTIRUKM Cnai rumm T. Approved mr uvsr" v"-a cuwna Zn*wrommr ^mtt-Y &%.A nip_ Approved vt%) �tm (D 47, C � q A ► Y s -;A, 16� ;I_* CN-M e VLF.. zz C-1 G t APIA, lu BMB:smb 9-26-73 2 918 WHER AND BUTLER' • - ATTOZNZTO AT KAW WINCURSTaw. VA. 22601 11 SOUTN CAMRRON STRICT �4 894 � FRUIT ITILL ORCxIARD, IT'SC . , FT Al; # TO:. :. .. DEi'i�'OF' DEDICATTON # • COTTJTTy OFFT[;EnFF TCK , VA. � w N• -i- -X # .X- .x- i(* # 'N- iE M Y 3(- K jF RcO� 421 M-E 53 THIS DEED OF DEDICATION made and dated this � day of Ile 1973, by and between FRUIT HILL ORCHARD, INC., party of the first part, hereinafter called the Grantor, and the COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinaf t, called the Grantee / and W. E. EDWARDS, par tee �y of the third part, and HARRY A. CARPENTER and ELSIE E. CARPENTER, his wife, parties of the fourth part. r WHEREAS, the Grantor is the owner in fee simple of ' a certain tract or parcel of land, situate in Frederick County, Virginia, to -wit: All of that certain tract or parcel of land, together with the improvements thereon and the appurtenances therean belonging, containing 6.7358 Acres, located in Stonewall Magisterial District, Frederick County, Virginia, lying and being situate along the South side of Virginia Secondary Highway No. 679 (former y known as Old North Frederick Grade) about three miles Northwest I of Winchester, Virginia, and more particularly described as Albin Acres, Section 1, on that certain plat and survey drawn by John W. Veatch, dated May 15, 1973, attached hereto and by this reference made a part hereof as if set out in full, and being a portion of the same land conveyed to Fruit Hill Orchard, Inc., by deed dated December 1, 1972, from Harry A. Carpenter and Elsie E. Carp( ter, his wife, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 401, at Page 619; and, WHEREAS, the Grantor now desires to subdivide the same into lots to be known as Albin Acres, Section 1, and that the above and foregoing Subdivision of the above described property as it appears on the attached plat is with the free consent and in accordance with the desire of the undersigned owners, proprietc and trustees, and that the said Grantor does further desire to subdivide the aforesaid property in accordance with the provisions in - to irs, r 1 4 1 R } munzE AND BUTLER ATTORNEYS AT LAM WINCHESTER. VA. 22001 I SOUTH CAM[RON /T1%99T { . BOOK 421 FAu 54 of the "Virginia Land Subdivision`.Act" as are applicable and the applicable OrdinancL- of Frederick County, Virginia, and to dedicate the street known as.Thwaite Avenue to the County of Frederick, Virginia; and. a WHEREAS, the Grantor by deed of trust dated December 1, 1972, of record in the aforesaid Clerk's Office in Deed Book 401, at Page 623, conveyed the subject land to W. E. Edwards, Trustee, in trust to secure certain deferred purchase money bonds as described therein, payable to Harry A. Carpenter and Elsie E. Carpenter, his wife, or order. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH:. That for and in consideration of the premises and the benefits that will accrue by reason of this dedication, the Grantor and the party of the third part and the parties of the fourth part do hereby subdivide, grant and dedicate in fee simple, all of that portion of land designated as Albin Acres, Section 1, locate on the South side of Virginia Secondary Highway No. 679 (formerly known as Old North Frederick Grade), about three miles Northwest of Winchester, Virginia, in Stonewall Magisterial District, Frede ick County, Virginia, and more particularly described by the aforesaid plat attached hereto and made a part hereof and by this reference incorporated as part of this deed as is set apart for the street known as Thwaite Avenue and to create a public right of possession of the same, and being a portion of the same realty conveyed by deed dated December 1, 1972, to Fruit Hill Orchard, Inc., from Harry A. Carpenter and Elsie E. Carpenter, his wife, of record in the aforesaid Clerk's Office in Deed Book 401, at -Page 619. All of the lots shown on the plAt attached hereto shall be subject to the following restrictions which are covenants real running with the land and shall be binding on all subsequent!! -2- G r c� • Book 421 Fm 55 owners of the said lots and each deed shall contain these restrict or incorporate them by reference: 1. LAND USE: No lot shall be used except for single- family residential purposes; provided, however, that this restrict shall not preclude the conducting of professional offices or home occupation upon said premises. 2. ANIMALS: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any of the lots except. that dogs, cats or other household pets may be kept for personal pets. lions jion 3. NUISANCES: No noxious or offensive activities shall be carried on upon any of the lots, 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. 4. 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 vehicle will be i permitted on any lot 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). 5. TEMPORARY STRUCTURES: No structure of a temporary character, including, but not limited to, trailers, mobile homes, campers, basements, tents, shacks, garages, barns or other outbui d- ings, shall be used on any lot at any time as a residence, either temporarily or permanently. 6. The party of the third part and the parties of the D HEB AND BUTLER ATrONNSTA AT r.AW fourth part join in this Deed of Dedication for the sole and W.NCK"TZX. VA. 22MI i,suvTmcwrancm.TPt,T I exclusive purpose of indicating their consent to the subdivision -3- Book 421 Fm 55 owners of the said lots and each deed shall contain these restrict or incorporate them by reference: 1. LAND USE: No lot shall be used except for single- family residential purposes; provided, however, that this restrict shall not preclude the conducting of professional offices or home occupation upon said premises. 2. ANIMALS: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any of the lots except. that dogs, cats or other household pets may be kept for personal pets. lions jion 3. NUISANCES: No noxious or offensive activities shall be carried on upon any of the lots, 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. 4. 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 vehicle will be i permitted on any lot 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). 5. TEMPORARY STRUCTURES: No structure of a temporary character, including, but not limited to, trailers, mobile homes, campers, basements, tents, shacks, garages, barns or other outbui d- ings, shall be used on any lot at any time as a residence, either temporarily or permanently. 6. The party of the third part and the parties of the D HEB AND BUTLER ATrONNSTA AT r.AW fourth part join in this Deed of Dedication for the sole and W.NCK"TZX. VA. 22MI i,suvTmcwrancm.TPt,T I exclusive purpose of indicating their consent to the subdivision -3- I MCHEs A" BUTLER Ij ATTORNKTIS AT LAW W129CIMM.Rit. VA.22001 it SOUTH CAMERON STREET BOOK 42-t of the subject property and by this instrument do not release or any wise affect the aforementioned deed of trust. WITNESS the following signatures and seals: FRUIT HILL ORCHARD, INC. C UG S. SOLENBER , esl en ATTEST: t�AL-3/t, / /M BESSIE F. SOLENBERGER, Secretary / s W.-E. EDWARDS, Trustee J � - (SEA ) hARRY A.(CARPENTER ELSIE E. CARPENTE STATE OF VIRGINIA, OF _ ,� , to -wit: I , �Qom, ,�� &-i a Notary Public in and for the State and aforesaid, do hereby certify that c HUGH S. SOLENBERGER, President and BESSIE F. SOLENBERGER, Secretary of FRUIT HILL ORCHARD, INC., whose names are signed to the foregoing Deed of Dedication, bearing date of� 1973, have personally /appeared before me and acknowledged the same in my State and Cu<<.� aforesaid. Given under my hand this day of 1973. I My commission expires NOTARY PUBLIC -4 - I 5'1 if 42t face STATE OF VIRGINIA, OFto-wit: I, a Notary Public in and for the State and aforesaid, do hereby certify that W. F. EDWARDS, whose name is signed to the foregoing Deed of Dedication, bearing date of 1973, have 1 personally appeared before me and acknowledged the same in my jState and t_�.k4Aaforesaid. Given un .r my hand this day of 1 1973. My commission expires NOTARY PUBLIC STATE OF VIRGINIA, I G� OF �����- to -wit: a Notary Public in and for the State and aforesaid, do hereby certify that HARRY A. CARPENTER and ELSIE CARPENTER, his wife, whose names are signed to the foregoing Deed of Dedication, bearing date of . V ,_ v ti r, ti_ t� �--� 1973, have personally appeared before i J I me and acknowledged the same in my State andcvw.�_ aforesaid.I Given under my hand this day of {� 1 1L �., 1973 My commission expires G(..lxc'1 2918A 9AIB: di 7-15- 76 ., ►iCICKK AHa DUTLSA ATTOUNSTS AT u« V+t..eUMOTRO. VA. 82001 .. OOVTN GAMMON Mart ********************************* LA. ********** ' 1 #2622 FRUIT HILL ORCHARD, INC., ET AL TO:* DEED -OF CORRECTION TO DEDICATION - COUNTY OF FREDERICK, VA. opt BOOK 462 t 5 61 9 THI§ DEED OF CORRECTION TO DEED OF DEDICATION made and dated thi 9th day of July, 1976, by and between FRUIT HILL ORCHARD, INC., a Virginia Cor; ration, party of the first part, KENNETH R. PEACHEY and LORNA J . PEACHEY, his wife, parties of the second part, and DONALD D. HARMAN and RUBY L. HAMMAN, his wife, parties of the third part, hereinafter called the Grantors, and the COUNTY OF FREDERICK, VIRGINIA, party of the fourth part, hereinafter called=the Grantee. BENJAMIN hl. BUTLER, Trustee, party of the fifth part, and SHENANDOAHI VALLEY NATIONAL BANK OF WINCHIESTER, at Winchester, Virginia, party of the sixth part. WHEREAS, the party of the first part is the owner of Lots 1, 3, 5 and 6, of Albin Acres, Section One, as shown on that certain plat drawn by John W. Veatch, C. L. S„ dated Ajy 15. 1973, of record in the Office of the Clerk of the Circuit Cou of Frederick County, Virginia in Deed Book 421 at Puge 58; and, WHEREAS, the parties of the second part are the owners of Lot 2 of the sai� Albin Acres, Section One, being the same land conveyed to the parties of the second part by deed dated July 25, 1975, from Fruit Hill Orchard, Inc.. et al of record in the aforesaid Clerk's Office in Deed Book 447 at Page 349; and, WHEREAS, by Deed of Trust, dated August 1, 1975, Kenneth It. Peachey, et ux, conveyed the aforesaid Lot 2 to Benjamin M. Butler and Stephen G. Butler, as Trustees, either one or both of whom may act, in trust, to secure an obligation to the party of the sixth part herein; and, .WHEREAS, the parties of the third part are the owners of Lot 4 of the said Albin Acres, Section One, being the same property conveyed to the parties of the third part by deed dated July 5, 1974, from Fruit Hill Orchard, Inc.. et al; of recorc in the aforesaid Clerk's Office in Deed Book 432 at Page 159; and,, WHEREAS , the parties hereto do desirq to dedicate and grant certain ease- ments for drainage, as appears on plat drawn by John W. Veatch, C. L. S., dated May 15, 1973, and which drainage easements affect Lots 1 through. 6. inclusive. of Albin Acres, Section One, as appears on the aforesaid plat attached hereto and by this reference made a part hereof as if set out in full. • BOOK. 462 PpG: 570 • NOW, THEREFORE. 141TNESSRTH:. That for and in consideration of the premises and the benefits that will accrue by reason of this corrected deed of dedi- cation and granting of easements. the Grantors do grant unto the. Grantee drainage easements as shown on the aforesaid plat attached hereto and by this reference made a part hereof as if set out in full. The party of the fifth part. as Trustee under the aforesaid deed of trust and at the direction of the party of the sixth part, and the party of the�aixth part as present noteholder of said deed of trust, do together join in this Deed of Correction Deed of Dedication for the sole purpose of giving their written consent to the granti of the aforesaid drainage easements unto the Grantee, as aforesaid: however, said consent shall in no wise release the lien created by the aforesaid Deed of Trust on the said Lot 2, Albin Acres, Section One. In all other respects. the Grantors do hereby ratify and confirm the Deed of Dedication, dated November 8, 1973, from Fruit !Hill Orchard. Inc.. et al.. to the County of Frederick, Virginia. of record in the 'aforesaid Clerk's Office in Deed Bool 421 at Page 53, and that certain Addendum to Dedication between Fruit Hill Orchard, Inc., et al, dated February 20, 1974, of record in the aforesaid Clerk's Office in Dee Book 426 at Page 110. �,;•�E'of •"•'�• WITNESS the following signatures and seals: • c FRUIT HILL ORCHARD, INC.. ,Z IM •�. • RESIDENT ••• ..A••17 SJJCRETARY MCRIZs with Baits: s� v., sswr EAL) KE NETli R . PEACHEY (� / !• (SEAL) LORNA J n-A ' !L'Y (SEAL) DONALD D. HARMAN ,� -..(_ � •�'',L (SEAL) 2- L -. )AIMAN G/ 1 �S VQ O. BOOK 462 PAGE 575 `� o ' �•y A / O / O , a j r ; A4 J wtiV �N.•ITS LVOt'd0 �O •;r •'f•s,• ,i _fuow•s .f.csG c�loao cltiotso tj��Q,11v0 Delta 215HL_`��� Z rp.�75 27a.92 SG2• Id' •• E"- 05 59' 30" 3oi�•oo 2►9.9 r Z1s;,.02 54-&6 57 oz�w 61' S9' S9" AB JIcy • 15.. W SURVEYOR'S CERTIFICATE i HERGIHY CCQ1kFY ffv�'c T"e PLAT 5"CmiN HEREON IS copteeG'r L TNAY IT 1S A 5US0jV%S10t4 Ot- A PCA T10N OF• LANO " GON•JEXt30 Tt� .FiZtJ1T HIW C"A- INC.. 3�l t7EE(7 oraTEt7 Mt3E4Z ' , %9?2 Atop r4MC•OtZD S'i' FC-T� r6c%:•f.c 401 PdCyE Co" ro►tvw"Gf TH2 La�t7 c4FCA1Zc;o6zp rJ� Fitt.'OG4'�GK COIJtJT•( � V 1 1 Nl/s.• • . tY►T'Ci Suers• �?'``' �� _.�.. _ iNER'S CERTIFICATC= .r 1r J..ng/pf.L , �. .T •+.vwEsats '7N TN ��>' PtAt ; c. C.• f..c��NT IaNC IN AGGCt'ZpIaKC� WITH t• �-Oct >GPrJ1T NrC.I. C+QGNp2ak'• INC•____• ... ..—. • .� G hltt�k x:4 it "` Et�1G1NEE2S Pl_�NtvERSd�.�U2VEYv. '� WING4-tFSTE2 , �/4. 22�oOt • • IvCcZ - 15` Cf COUNTY. SCT. r gf writing was prodvoed to me on the, day of ('<«� • 1 } and with coMfimto of acknoww n gAlont Uveneto annexed admtt*d cleft i MCKEE AND BIIT LEm ATTORNZY6 AT raw WnvCHEsTnP_ VA. 22601 I SOUTH CAMERON STREET P E R F O R M A N C E B O N D FRUIT HILL ORCHARD, INC., as PRINCIPAL and THE ESCROW ACCOUNT IN THE AMOUNT OF TWELVE THOUSAND, TWO HUNDRED EIGHTY-EIGH`. ($12,288.00) DOLLARS, HEREINAFTER RECITED, as SURETY, is held and firmly bound to the County of Frederick, Virginia in the just and full sum of Twelve Thousand, Two Hundred Eighty-eight ($12,288.00 Dollars, to the payment of which the said Fruit Hill Orchard, Inc binds itself, its successors and assigns, and waive all exemptioi as to this obligation sealed with its seal this �'` day of September, 1973. The condition of the above obligation is such that: Frui- Hill Orchard, Inc. is now subdividing certain land in Frederick County, Virginia, known as Albin Acres, Section One, and there ar( in saidSubdivision certain streets known as %��✓f//f j"6 e , as shown on that certain plat and sur, of T ico Associates, attached hereto and by this reference made a part hereof as if set out in full; by an Ordinance duly adopted of January 10, 1966 by the Board of Supervisors of Frederick County, Virginia, it is provided that streets in subdivisions must be pav( graded and otherwise improved to meet the specifications of the Virginia Department of Highways; it was further provided in said Ordinance that a bond may be posted with the County of Frederick for an amount of the value of the improvements to be made on such streets, said bond permitting the early approval and recordation of plat and dedication of streets in said subdivision; and it is agreed that the said sum of $12,288.00 is sufficient to indemnify the County of Frederick for said street improvements in Albin Acres, Section One. NOW, THEREFORE, if Fruit Hill Orchard, Inc. shall tender a certificate from the Resident Engineer for this District of the Department of Highways, State of Virginia, to the Treasurer of Frederick County, Virginia within years from the date hereof that said improvements have been completed and have met the requij ments of the Virginia Department of Highways for subdivisions for counties in the State of Virginia, then this bond shall be void; otherwise, to remain in full force and virtue. FRUIT HILL ORCHARD, INC. Bye, (SEAL) ATTEST: NO. RECEIVED FROM - tad�C�, Account Total S Amount Paid $ Balance Due $ "THE EFFICIENCY®LINE"AN AMPAD PRODUCT DOLLARS NO. 91j 7 RECEIVED FROM �I�r $Li-LLARS Account Total S Amount Paid $ Balance Due S "THE EFFICIENCY®LINE" AN AMPAD PRODUCT A. t J NON NEGOTIABLE $_12,288.00 CERTIFICATE OF DEPOSIT NO .7633 FARMERS AND MERCHANTS NATIONAL BANK Taxpayers No. 54-0729612 Winchester , VIRGINIA Date Sept. 11, 1973 THIS BANK CERTIFIES that there has been deposited with it Twelve Thousand Two Hundred . E ' htv— DOLLARS which will be paid to J. 0. Renalds III Escro7d A ent for Fruit Hill on tXi e terms contained herein. Such amount will be repaid 3 months a ter a e, {tpon c return of this certificate properly endorsed, except that unless the bank receives 15 days prior written notice before the end of the original term, this certificate shall automatically be considered renewed for successive periods of 3 months on the same terms as are contained herein with respect to the first 3 months. Interest at the rate of 5 1/2 PER CENT per annum will be paid at the end of each3_month period from date of issue by mailed remittance to payee.This bank reserves the right to terminate or alter the terms of this certificate at the end of the original or any subsequent period by giving written notice 30 days prior to the end of any such period. This certificate is not subject to check, and is not transferable or assignable except to this bank. This certificate is subject to the rules and regulations of the Federal Reserve Board, Comptroller of the Currency, and Farmers and Merchants Nation- al Bank. P . 0. Box 765 Vice—Prd1J1&HfftD SIGNATURE All funds represented by this certificate and all interest due from date of issue to this date have, been received and the bank is released from any further liability in connection herewith. - .. Date REGISTERED OWNER REGISTERED OWNER e. 2 457.60 NOW NEGOTIAIILE $ ' CERTIFICATE OF DEPOSIT N 0 .9308 FANNERS AND MERCHANTS NATIONAL. DANK • Taxpayers No. 54-0?29612 Winchester VIRGINIA DateJuly 15, 1974 THIS BANK CERTIFIES that here has been deposited with it Two thousand lour hundred fi ft r ven DOLLARS which will be paid toJ• Renalds,IIQI, Escrow! gent or rust ill Urc gr ,-- terms contained herein. Such amount will be repaid 3 months after date, upon the return of this certificate properly endorsed, except that unless the bank receives 15 days prior written notice before the end of the original term, this certificate shall automatically be considered renewed for successive periods of 3 onths on the same terms as are contained herein with respect to the first 3 months. Interest at the rate of 51 PER CENT per annu . will be paid at the end of each3 month period from date of issue by mailed remittance to payee -This bank reserves the right to terminate or alter the terms of this certificate at the end of the original or any subsequent period by giving written notice 80 days prior to the end of any such period. This certificate is not subject to check, and is not transferable or assignable except to this bank. This certificate is sub;ect to the rules and regulations of the Federal Reserve Board, Comptroller of the Currency, and Farmers and Merchants Nation- al Bank. P. 0• Box 765 AUTHORIZED SIGNATURE P E R F O R M A N C E B 0 N D FRUIT HILL ORCHARD, INC., as PRINCIPAL and THE ESCROW ACCOUNT IN THE AMOUNT OF TWELVE THOUSAND, TWO HUNDRED EIGHTY-EIGH ($12,288.00) DOLLARS, HEREINAFTER RECITED, as SURETY, is held and firmly bound to the County of Frederick, Virginia in the just and full sum of Twelve Thousand, Two Hundred Eighty-eight ($12,288.00 Dollars, to the payment of which the said Fruit Hill Orchard, Inc binds itself, its successors and assigns, and waive all exemption as to this obligation sealed with its seal this day of September, 1973. The condition of the above obligation is such that: Fruii Hill Orchard, Inc. is now subdividing certain land in Frederick County, Virginia, known as Albin Acres, Section One, and there are in said,Subdivision certain streets known as 117 W 1 7"t-7 e , as shown on that certain plat and surf of T ico Associates, attached hereto and by this reference made a part hereof as if set out in full; by an Ordinance duly adopted of January 10, 1966 by the Board of Supervisors of Frederick County, Virginia, it is provided that streets in subdivisions must be pave graded and otherwise improved to meet the specifications of the Virginia Department of Highways; it was further provided in said Ordinance that a bond may be posted with the County of Frederick for an amount of the value of the improvements to be made on such streets, said bond permitting the early approval and recordation of plat and dedication of streets in said subdivision; and it is agreed that the said sum of $12,288.00 is sufficient to indemnify the County of Frederick for said street improvements in Albin Acres, Section One. NOW, THEREFORE, if Fruit Hill Orchard, Inc. shall tender a certificate from the Resident Engineer for this District of the Department of Highways, State of Virginia, to the Treasurer of Frederick County, Virginia within years from the date hereof that said improvements have been completed and have met the requil ments of the Virginia Department of Highways for subdivisions for counties in the State of Virginia, then this bond shall be void; otherwise, to remain in full force and virtue. FRUIT HILL ORCHARD, INC. BY t t — (SEAL) ATTEST: ',=KEE AND BUTLER ATTORNR7B AT LAW WxxcHzsTaR, VA. 22601 i 1 SOUTH CAMERON STREET '1 2 n e- r AMENDMENT TO PERFORMANCE BOND WHEREAS, by Performance Bond dated the rt day of September, 1973, Fruit Hill Orchard, Inc. caused to be deposited the sum of Twelve Thousand Two Hundred Eighty-eight Dollars, ($12,288.00) in the form of a Certificate of Deposit No. 7633 to guarantee the performance of certain improvements in the Albin Acres, Section One Subdivision, in Frederick County, Virginia; WHEREAS, a portion of said improvements have been completed and it is the desire of the Fruit Hill Orchard, Inc. to reduce the said performance bond to the sum of Four Thousand Five Hundred Dollars, ($4,500.00) with surety in said amount represented by a Certificate of Deposit payable to J. 0. Renalds, III, Escrow Agent for Fruit Hill Orchard, Inc. and the County of Frederick,Virginia. NOW, THEREFORE, in consideration of One Dollar, ($1.00) cash in hand paid by Fruit Hill Orchard, Inc. to the County of Frederick, Virginia, the parties do agree that the Performance Bond in the amount of Twelve Thousand Two Hundred Eighty-eight Dollars, ($12,288.00) previously entered into on the /c/ day of September, 1973, shall, and hereby is, reduced to the sum of Four Thousand Five Hundred Dollars, ($4,500.00) and all other terms and conditions in the said Performance Bond shall remain in full force and effect and are by this reference made a part hereof as if set out in full. FRUIT ILL ORCHARD, INC. J,`;10 By ° ✓ , BEN ANSI M. BZTTLER, Attorney COUNTY OF FREDERICK, VIRGINIA BY kICKEE AND BUTLER ATTORNEYS AT LAW WINCHESTER, VA. 22601 - 14 SOUTH CA'MERON STREET PETER R.MCHEE (1934-1967) BENJAMIN M.BUTLER STEPHEN G. BUTLER MCKEE AND BITTLER ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 11 SOUTH CAMERON STREET June 14, 1974 Mr. R. C. King Virginia Department of Highways P. 0. Box 443 Winchester, Virginia 22601. Re: My File No. 2918 Albin Acres Dear Mr. King: JUN 17 1974 BY AREA CODE 703 TELEPHONE 662-3486 It is my understanding that the road has been completed in the Albin Acres Subdivision and it would be appreciated if you would note this fact to Mr. J. 0. Renalds, County Administrator. In addition, I would appreciate it if you could let me know when it will be possible for the State to take over the full maintenance on this road so that we may obtain our complete performance bond from the County of Frederick. Very truly yours,, MCKEE AND BUTLER BENJAMIN M. BUTLER BMB:smb cc: Mr. J. 0. Renalds, III t DOUGLAS B. FUGATE, COMMISSIONER MORRILL M. CROWE, RICHMOND, VA. LE ROY EAKIN, JR., MCLEAN, VA. EARL A. FITZPATRICK, ROANOKE, VA. THOMAS R. GLASS, LYNCHBURG, VA. LEONARD R. HALL, BRISTOL, VA. DOUGLAS G. JANNEY, FREDERICKSBURG, VA. ROBERT S. LANDES, STAUNTON, VA. WILLIAM T. ROOS, YORKTOWN, VA. G.oMM�-.A RGININ i4 JOHN E. HARWOOD, DEPUTY COMMISSIONER & CHIEF ENGINEER W. S. G. BRITTON, DIRECTOR OF ADMINISTRATION A. K. HUNSSERGER, DIRECTOR OF ENGINEERING H. GORDON BLUNDON, DEPARTMENT OF HIGHWAYS DIRECTOR OF PROGRAMMING AND PLANNING r M12f21111EY,AGS1TY 1BROArD fS�TRREf7EYT11F1 i J J. M. WRAY, JR., DIRECTOR OF OPERATIONS 1C 19CX Edinburg, Virginia 22824 IN REPLY PLEASE REFER TO March 5, 1974 Ref: Albin Acres Subdivision Frederick County Mr. J. 0. Renalds, Frederick County Administrator 9 Court Square Winchester, Virginia 22601 Dear Mr. Renalds: We have made a review of the work necessary to complete the above referenced subdivision and concur in the developers estimate of $4,500.00. If further information is desired, please advise. Very truly yours, John W. Chiles, Jr. Resid nt Engi eor By: C. K Asst. Resi enrgineJA& RCK/ f A HIGHWAY IS AS SAFE AS THE USER MAKES IT COMMONWEALTH OF VIRGINIA DEPARTMENT OF HIGHWAYS JUN 28 1974 McKee and Butler Attorneys at Law 11 South Cameron Street Winchester, Virginia 22601 Ref: Edinburg, Virginia 22824 June 26, 1974 bin Acres Subdivision derick County r File No. 2918 v n%001111 Attn: Mr. Benjamin M. Butler Dear Ben: We have made a it has been cc If this street condition, it ing three (3) If there are a Alb res Subdivision and find c rd c with the approved drawings. ea nt is maintained in its present or state maintenance when it is serv- tnsts . please advise. Sincerely yours, R. C. King Asst. Res. Engr. RCK/k cc - Mr. J. 0. RRnalds, County Administrator O`-9 Qf' 1 J ptim0 ' � S Z 2 � ��. 2 ��S O• m Ui� S � ti Al oV 2 �47 A(P 3 \S AV � O p• � C V2.�/E po.Tfa CURVE! C7s1.T.�. t4CAOtV�y AiiG C4lOQp GtipR.O iyE.�.R\Na t OS•59'30' 2590.45 270.95 2i0.82 S<o2' 14' �4" E Z 4t"Sal'S9° 3oa•oo 2t°1.9 Z15•o2 y4-Ce° 57' OZ"W ALBIN SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THPT T6AE PLAT 5ROINN 15 COR2ECT L THAT IT 15 A 5Ue0lV(510n1 OF A POR'T1Ot4 OF LA P40 GO t,4v EYED TU P RU yr "ILL. ORC NAtZOS �s IA,IC. (3�( DEED DATEi� C7tcCEMG3Ei2 I , 1c)"TZ Awo rze.coeocrr> tt-► oEC-v V `e r. C?�K 401 PA-CGE Cotol 4,IAOI-►Ca Ci 1I. L.p.NLO C2F_Go2c75 Ot❑ FRE�EQ�c l4 rab011 COVNII-.( ,VL(Z.Gkt LU-.. ) — pATE.'5-15- W OWNER15 CERTIFICATE /iLF3tTJ ?.CC2Eg Sl�C3plvlgtOl�A, v=� �T AOPrc.�.25 ON TN1�j PLAT ►� W1TN THE{='Ct.��- G�tvS>=NT ANd llV ACGpQp/a.KCTc WITH THE. DESt[ZE5 Ole THE Owti+E2.S A•.tvC�-"Z.uSTE'C-�. porE AC-W.NAT T=02 t-RUtr VAIL u mr-gA•205, 1tAc. GIATE TeuSTTc E .0 P' J ty,:�,I �D i� ACRES TRICO ASSOCIATES ENGINEE2S PL�NtvECZS SU�V E`Cv2S WI[�lG41ESTE2 , �/A, 22�oI Cn�a2 - 1534 o� C 0 i. P�CK . O fn (Z'�. - ti .S ti ti CO 2 A\ Q R A0 i a 3. A0 DIP I CU2.1/E p,ca,.T�a CV IlV W-ye GELTa. I IRADoV°S AiSG C1.10@p =K06LM IbMA�ilria 05* 159, 30'1 2590.4Is 270.95 Z'70.8Z S6Z° 14' �4" E 'L C�4-Co° 57 OZ"W .o o .\o O Q 44 `�C\ S O AV � �'S v Q 6 I/ O ^A F ^Ot O� v ' J �D i� ALBI N AC R ES A", y SURVEYOR'S CERTIFICATE r, p TMEPZT OF H riv NEREt3`( CERTIFY TI+l�� THE Pt AT SHCrntN VIRGI�IIA , HEREON 15 COR2eCT $, TµAT IT Is APPROVED � � 5UBOIVt5101J OF A PORTION OF LAND G0t,4VsyF_0 T'U FFZl11T FALL ORGNaczDS LOTS AR. TMJFCT TO APPROVAISAPP�'OVAL ON INDIVIDUAL LO 1t.IC. t3�! DEED oa.TEt7 VECEMgEQ 1nC ter -Frederick CHealth Department BESIS 1 , l97Z AWO reeCO20S1:> tN DEC-D c K aot PAGE Coto At%AOt-+� T+AE AS TO LOC TION F WA T St1PPL AND SEWAGE DISAPOSAL SYSTYM. LAt�tC7 2FCAczc�S vc Fz�Eprc¢.1ct4 Approve (-r. s - ! -1 3 r38°III coul.iT� vt 1r.1t�. -rr � FREDERICK'HC'O>Jl�t RDB D UPERV�SORS FAIR'AXH DISTRICT Approved 71 Chairman OWNER'S CERTIFICATE A�_I_rstty /aCQEg ��1)FSptv�StON , A.,P TN\5 SUBDIVISION ADMINISTRATOR t'V G!::)NSENT ANd itV ACGOI�PoKCr2 WITr1 T'"C_ OCTN:e pww��QS f�-tvt� Q�JS pA� C F- hi ?3 O C-ENt F02 FRUIT Nll,t , INC. Approved ! TRICO ASSOCIATES F_ KA G k N F_ E fa P L 4-, tV F_ iZScE>0 2 V F_'.(C) ED Wlt`iGr`lF_Si'Ee , �/A, 22�oO1 ��2 - 1534 lbin Acres S I 7 lots Rt 679 aines oro UBDV Board ap'd 13 JUN 73 W/provisions