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HomeMy WebLinkAboutMowery Opequon District - Backfile.,$ rpT .ram aay. � As SHE T 1 OF 2 SHEETS y GRID COORDINATES :,� "x" Y" D e s 080, 739.00. 5 1 7,1,16 0 16, -�` E 2,080, 582•-5 517, 3 .6 ti A 2s 080, 531•52 5 t 7, 103.8 ��►'� B 2 080, 532.91 517,179-7 . j ti• C � 2080, 504*5 r 517, 171. . P8 o . .e- a. 38s0--f�'-ass 0- rx. !r - I - �- �" 3 ,. sr19 Q , a 6 , 49 Ss• 6� too . o c Ao J ti - � c � . ly . r. , N �y ; ,s/,,,,y Lod io '73 i of r, AN •'' PLAT OF A S UR VE Y MADE FOR KENNE TM E. MOWE RY Of A TRACT Of LAND LYING PARTIALLY IN' THE TOWN'OF STEPHENS CITY AND PARTIAL16Y IN FREDERICK COUNTY1, VIRGINIA IN THE OPEQUON MAGISTERIAL DISTRICT* THIS IS THE SAME LAND THAT WAS FORMERLY DESCRIBED IN A D£Eo OF DEDICATION FROM KENNETH E. MOWERY TO.THE TOWN Of STEPHENS CITY DATED JUNE 69 1972 RECORDED IN DEED BOOK 391, P• 432, IN THE RECORDS OF THE CLERK Of THE CIRCUIT COURT OF FREDERICK COUNTY, VA! BY THIS PLAT PACRELS A THROUGH F, LOTS 9, 10s I1 AND 12 ARE TO BE CONVEYED TO INDIVIDUAL OWNERS WHILE THE REMA I INS LA NO 15 TO BE CONVEYED TO THE SAME OWNERS IN .COMMON. w SURVEYED BY 6L X 1X t+.L.S SupvFYFQ Atj&QST 21, 1972 AND Nov E USE R 12, 1973 , REVISED MAY 1 j 4 t GRID COORDINATES SHEET 2 OF 2 s EETS ex" aYa F 2, 080, 3 ! 6.61 516o 996.62 0 2, 080, 290.80 517, 053 e.10 � b"�y op t H 2, 080, 268.92 51 , 032*46r- J 2,080,212.11 511#897•45 1 � �� ,spit -0-• p -s.- ��' � - {_ � � � V oo � i 4 h `} � � � f � ,� � •- ' c-�-1, h lad , � /� / %1 • \ s c44. o,o f�� /,,-- �, .��`. `�. 6 •�.r.F - i9, raze r00 cl z�• r, 573 tit.e.:r.7rar iZ• e: � .i3 � �iP� ,4�i�a /� 4a0 • .. �i, r non � � •�`e.• % P ROVED BY TOWN OF STEPHENS OWNER'S CERTIFICATE, IT v GINIA: ' THE FOREGOING SUBDt 1310N HAS BEEN WADE WITH OUR -CONSENT AND ! N-+A F16Q!!, D Ct rll i TNyt OUR W I SHE S. 6_ STATE OF �VIRGINIA ti�--�- .rne ?� `COUNTY OF' FREDER I CK TO IT 1 s_' J - - r���� ��, A NOTARY APPROVED BY FREDER R COUNTY` PUBLIC IN AND FOR THE STATE AND COUNTY AFOR[ BO F SU!!V SAID 00 HEREBY CERTIFY THAT THE ASOVE. WRIT- -•-i,a--7 INS HAS BEEN ACXNOWLEOGED BEFORE NE `THIS Af NOTARY PUB -L I C MY COMMISSION EXPIRES ON THE�g-DAY OF.Zj 1 97.)�_. I was commissioned a Notary public as Monica C . Niece. 6 ry ��'Er�27 y.�]S '�/� C^'Y $3.._ l.:�i 1�.•'L'.Rwvr�'� Ai�T . �. `+£ c' _ -ter �.-"}�.�� •Y'.,���,,�,��K��'i. SHEET t of 2, SHEETS G"RID COORDINATES: nxa - itIs D 2, 080, 739*00 517,1 i 6; i s a E 2, 080:582,-54 517� 344.6 k A 2, 0809 534.52 517s 103.8 o B 2, 080, 532.91 517,ol 79.7 - ►� C 2, 080, 504951 517,171-442 lb-- p +ram t5i' e � \ i9,-met -3L, -fx Sg f � �r` q• � C. s.Gsp-a3�o".E - T3-9s' ' L tea, �- Z �4 ' �• V O dfr � - _i� _ - � Q §N �,�► \�4 S �-- e 4' v t av 00 v �y�►1 A� Ac V 1 cW 1LAND to LO PLAT Of A SURVEY MADE FOR KENNE TH E. MOWERY O•I: A' TRACT Or . LAND LYING PARTIALLY IN THE TowN OF STEPHENS .CITY AND PARTIALLY IN FREDERICK COUNTY, VIRGINIA IN THE OPEQUON MAGISTERIAL DISTRICT. THIS IS THE SAME LAND THAT WAS FORMERLY DFSCR IBED IN A. DEED OF DEDICATION FRom KENNETH E. MOW£RY TO.THE TOWN of STEPMEMS = CITY DATED .JUNE 6, 1972 RECORDED IN DEED BOOK 391, P. 432, . IN THE RECORDS OF THE 'CLERK OF THE CIRCUIT COURT OF FREDER ICK COUNTY, VA° BY THIS PLAT PACRELs A TMRoUsl~ F, LOTS 9, 10, 11 AND' 12 ARE TO BE CONVEYED TO INDIVIDUAL OWNERS WHILE THE REMA I INS LAND 15 TO BE CONVEYED TO THE SAME OWNERS IN COMMON. � - SURVEYED 8Y IA C.L.S•_ SupvFYED AUsUsT 21, 1972 AND into%/EMBE R 12, 1975 _ r REVISED MAY IZ. 197h -- I GRID COORDINATES SHEET 2 OF 2 s.+EETS axn aYa F 2,0809316.61 516s996*62 tile I 0 2, 080, 290, eO 517, 053.10 H 2, 08n,'268.92 51 , 032.46 �, J 2, 080, 212.1 1 51 897945 �,i a � �/ �.�' ;�o���'•a�,. bar � s� �o p' - tap o� •'��,�' .ra s� � / Q �0 2� ' 0•00 'OtG 7 �bV tile �' �• is o A �tw� 1.91 am o 41 .... io per •. .�. ��-. A Ile irrG< //,7ao .. 54 '� ��- ✓APPROVED BY TOWN OF STEPHENS OWNER'S CERTIFICATE* CfT V .GI CNIA:�� ' THE FOR E60 1 N6 SUBD 1 I3 I ON HAS BEEN UADE WITH OUR CONSENT A NOD• . ! N•-•�A � D�,r�•yt -���2� �i OUR W i StiE S. L` STATE OF VIRGINIA COUNTY OF FREDER I CK TO i T 1,, rn XWL.-a .4a s A NOTARY APPROVED BY FREDER K COUNTY PUBLIC IN AND FOR THE STATE AND COUNTY AFORE BO F SUPERVISO SAID 00 HEREBY CERTIFY THAT THE ABOVE WRIT- -��. 6=(2 I NB HAS BEEN ACKNOWtE DEED BEFORE W - TH 1 S a S� DAY. OF . - �- 1974•I IT 6--1 a -7 ►' 1. NOTARY Pus-Lic MY COMMISSION EXPIRES ON THLWR-DAY .OF. 197-Z—• ; I was commissioned a Notarypnblic as Monica C. Niece. _ - r SHEET 1 Of, 2, SHEE TS "RI D: COQRD ! NATES :. axe aYq a D 29080, 739.00 5179,1 16 "W 6 r.-� a E 2, 080, 582,•54 517, 344.64 A 2, 080, 531•52 5 17, 103.8 c o� B . 2, 080, 532.91 517s 1798,74 Y " ►�': C • 2, 080, 504951 517t 171- 5)!• aiG s r a' - � 'b � �. Tit 5� ,. \ A.-w -3c, �iL' s� P� ` �; � , c. S df" -a 3' moo" •F - �3-�' � L a C rAA IV,. L � j`0 s 6 sew 0% �o � 41 rp���. '�. O• `� t ' S.Jef, 573 � G4J0 / �.. �r� L A L PLAT OF A S UR VE Y MADE FOR KE NNE TH E. MOPE RY Of A TRACT OF _ LAND LYING PARTIALLY IN THE TOWN OF STEPHENS CITY AND PARTIALLY IN { FREDER I CK COUNTY, V IRG 1N IA IN THE OPEQUON MAGISTERIAL DISTRICT*_ ; THIS 18 THE SAME LAND THAT WAS FORMERLY DESCRIBED IN A DEED Of DEDICATION FROM KENNETH E• MOWERY TO"THE TOWN OF STEPHENS CITY DATED JUNE 6, 1972 RECORDED IN DEED BOOK 391, P• 432, " 1N THE RECORDS Of THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VA. BY THIS PLAT PACRELs A THROUGI`! F, LOTS 9, 10, 11 AND" 12 ARE TO BE CONVEYED TO INDIVIDUAL OWNERS WHILE THE REMA I INS LAND 19 TO BE CONVEYED TO THE SAME OWNERS IN -COMMON* A Of r ^ SURVEYED BY C.L.a.. .tj1,RvEYE© AUGUST 21s 1972 AND I NovE msr iq 12, 1973 GRID COORDINATES SHEET 2 of 2 SVEETS �0� F 2, 080, 3 t 6.6! 516, 996.62 0 . /4j�vt 2, 080, 290. e0 517053.10 �5 Ah op o N 29080, 268.92 51 ?, 032 *46 b s� r-- J 2, 080, 212. 11 51 , 897.45 1 e.J s F- ,'I S �J6' - rs - 32^.E' - sysL � � i' p . �r ��` � •��� .• �., � 00 lO ��• b o� G g!0 • Y �2 / • •�C" �i�'f• rr /�i 700 N • • o� y o� Y �, O F , �01 , � . r B/ody. �Ktc b o4B ,fir �` u• ' , {op " t• 573 APPROVED BY TOWN OF STEPHENS OWNERS CERTIFICATE. CtT v GINIA: THE FOREGOING 3USD1 1SION HAS SEEN MADE WITH OUR CONSENT ANDIN—AC CjltMCE OUR A 1 SHE S. 6 STATE Of V I R G I N I A � COUNTY ofFREOER i CK� TO 1 T �'�-- v v s O" 1n.�.w A i3 . i AAACk ,_.-r r� A N O T A R Y APPROVED BY FREDERi6K COUNTY - PUBLIC IN AND FOR THE STATE AND COUNTY AFORE BO F SUPERVISO SAID DO HEREBY CERTIFY THAT THE ABOVE WRIT- INS HAS BEEN ACKNOWLEDGED BEFORE ME'THIS a DAY_ OF - s- �974.. �! / 6-), �X 4 rnmm�a, 0 maim NOTARY PUS-LIC -MY COMMISSION EXPIRES ON THE &DAY .OF. 197-Z-. ; I was commissioned a Notary. Public , as Monica C. Niece. DEPARTMENT OF HICHVIAYS so, raw,--j, 0 a,r7 c;Ae dv. 4.1 z P7 - R Zia tt- -10. PO/ -100117 /CIO 7 a ro - 'Plive rN CIO .0, C�) OT f*# 14, j 42— IN. - ce Z04,�-z-,vt C—'R T F C Tr E T'l A, CA n u --n T E: c r c 0 p o or a C E 'JC C: V 7 C Z E M V, v Z�-_ rl, a 7 1 C "In 1-7 F7 c c.,-.;::.!v I 1+014000✓0/.5. DEPARTMENT OF HIRHWAYS Chairman, F erick Col Board of Supervison p— f s a Rty .a 014e/ Mowry .41 W. d. 7/- Timms o eop t: sir .alNo • Ia$..---'„�.... _ _.._ X.A: o x0v llew �a►,r .Z , • ,marsh .. _...-�- .... Q�•,,,�'� � ° '�'°�' •fir. ''•, , <�"i'k 1 t "�'�` . t�, , Ir. #-o-7 e dr w R-cs:.r ram" ovs I it. w r o A-tv 14 4p re t7 :�I I (fir e -', + �'4' ems-- -- ` • s 3a : aS ��. `� . o� � (P°� � i� so par 40�.�.� � ° � y � 'g �fi y. '."�-�-- � wV"� • / � / Jam/ r 1 lip Rt.G. raQ 41 LAND >r .� •$�`�, sic 4h r 4 ItA CA LIZ �../ ''� � .j -fir_., V%'� d'G �'� ` - -._ .''�— s1 ' "fit. � �rd : t " ` � +1 _ - z G•- ® .V ` . vr'Ir t �V SURVEYOR'S CERTIFICATE THE FOREGOING SUBDIVISION INCLUDES LAND THAT WAS CONVEYED To KENNCI-i Cv ETHEL MOWERY# ET VIA*, BY A DEED DATED OCTOBER 3, 1962, RECORDED IN O, AND BY RICHARD 0. CLEM BY DEED DATED DECEMBER 15s 1970, RECORDED IN DerC ALSO INCLUDES LAND THAT WAS DEVISED To RALPH MOWERY AND KeNatTH E. Moorp PER WILL ADMITED TO RECORD SEPTEMBER 8, 1970 AND RECORDED IN SILL BouK INSTRUMENTS BEING RECORDED IN THE OFFICE OF THE CLERK OF T14E CIRCUIT SURVEYED a �sZ:,�='._!�; =if 0 MOWERY UNMAItR IEO, D BOOK 2b2, Pe 501, D 01, 3829 Pe 301 • IT IY ETHEL MOWERY SY P. 241, SAID OF FREDERICK COUNTY* C. L. S. eve Aw X.V:as G.r 1p4t zjp= l3-N OWNER'S CERTIFICATE THE FOREGOING SU80IV13ION HAS BEEN MADE WIT% OUR CONSENT AND 13 IN ACCORDANCE WITH OUR WISHES e APPROoM BY THE SrEPHEMS CIS TC71 N COUNCIL PLOURNOY L. LAROENT. JR. JOHN F. ANDERSON J. RANDOLPH LARRICK LARGENT, ANDERSON AND LARRICK ATTORNEYS AT LAW GRAICHEN BUILDING WINCHESTER, VIRGINIA 22601 May 16, 1973 Mr. Robert Fletcher Superintendent Parks and Recreation Department Frederick County of Virginia 9 Court Square Winchester, Virginia AREA CODE 703 TELEPHONE 002.0321 Re: Kenneth Mowery - Subdivision Stephens City, Virginia Dear Mr. Fletcher: OConfirming our phone conversation of this day, you will find attached hereto a subdivision of four lots lying partly in the County of Frederick, Virginia, and partly in the Town of Stephens City, Virginia, consisting of four lots, No. 9, 10, 11 and 12 owned by Kenneth Mowery. This subdivision has been approved by the Department of Highways, the Town of Stephens City and will be serviced by water and sewer by the Town of Stepheus City. These lots were rezoned from agricul- tural to business at the April meeting of the Frederick County Board of Supervisors and VIr. Mowery intends to construct six townhouse.,units on each lot. As Mr. Mowery applies for building permits for each six unit townhouse, he will pay the sum of $600.00 for recreational purposes with the understanding that the permit will rbt be granted unless said sums are paid. I ark attaching a plat for your approval and would appreciate your forwarding it to the proper departments in Frederick County in order that final approval may be obtained by the Frederick County Board of Supervisors. I want to thank you for your many courtesies shown in this matter and your splendid! cooperation. Very truly yours, J. Randolph L►arrick JRL:jhc Encls. cc: Mr. Kenneth PSOwery r FLOURNOY L. LARORNT, JR. JOHN F. ANDERSON J. RANDOLPH LARRICK LARGENT, ANDERSON AND LARRICK ATTORNEYS AT LAW GRAICHEN BUILDING WINCHESTER, VIRGINIA 22601 May 16, 1973 Mr. Robert Fletcher Superintendent Parks and Recreation Department Frederick County of Virginia 9 Court Square Winchester, Virginia AREA CODE 703 TR LEPHONE 662-0321 Re: Kenneth.. Mowery - Subdivision Stephens City, Virginia Dear Mr, Fletcher: O Confirming our phone conversation of this day* you will find attached hereto a subdivision of four lots lying partly in the County of Frederick, Virginia, and p partly in the Town of Stephens City, Virginia, consisting of four lots, No. 9, 10, 11 and 12 owned by Kenneth Mowery. This subdivision has been approved by the Department of Highways, the Tern of Stephens City and will be serviced by wafter and sewer by the Town of Y Step s:-a City. These lots were rezoned from agricul- tural to business at the April meeting of the Frederick County Hoard of Supervisors and Mr. Mowery intends to construct six townhouse:.units on each lot. As Air. Mowery applies for building permits for each six unit townhouse, he will pay the sum of $600.00 for recreational purposes with the understanding that the permit will nbt be granted unless said sums are paid. I am attaching a plat for your approval and would appreciate your forwarding it to the proper departments in Frederick County in order that final approval may be obtained by the Frederick County Hoard of Supervisors. I want to thank you for your many courtesies shown in this natter and your splendid cooperation. very truly yours, J. Randolph Larrick JRL:jhc Encls . cc s Air. Kennet. eery DEPARTMENT OF 111GINVAYS 7L /Y%0�,�/•�/ .f'w e�a� Y /.�/ors -0 .6. 3 70 /%A¢ I Chairrrs�a��, �-t derick Colunty f � i� ��f''� � I -22 .un aer�'/ /�',bs�✓�'ry -E,�1� �f .0. �9• coQ k'e.Jtr ✓ep� `..°'+ . d;7. J V% " /`" /.�%' /�+•3' 7 i! /QQ n Q• VAT a % 3¢ . >i��.y�A♦ r. �- d _„'-- ram».__ I/mlfl _ 1/I�1/9411/1/ln�;YPI, �OA,�N!!(N+r. u �� _- _ (� 1 Q ♦ �1� }I;' � QJL115, ( -._.__ A/ c� �"' i9 rani 4 .x c , 2 .^r, ,►s Parr Se „ . _ �— sy �-- r /Vyty _ / '� tI/'an9 !'�d/d�P/r<\ y, ty • :♦, :+ �l tl; � CIO ,u V W 4Pj "+q 1 or/ s ( f�,, q /.,'�•.•r qua -96 �; - ak 61, Alf- 40 r - �*.,,,ia.•• ,`•' � - � . � (0�"""-• h 1-'i�. ., ?/•Z {ill%' �Lr " i �� T � " —.r,..y�.. ..�._ 6 1 .9rlc%/ �• �. '� •p �a' P nl ^- `."""^^ �._ ..._-.. _ ...,_. ( , � r� '' , \ 1 � �T �— � — v'' � /C Y ��7�� `i' �'p ✓.O• .G irYa i'^•i t4♦ 1 41\' + `' %�„ 0 ` ro/P�'/t+� Cedr fJ/� VAll _ kv- -'�' . _„� •,5 <,r+ .. � �, _ . �.i'� tip' .f • �-/�! i i _ ��q ;a •s�ih� % r� •�' v vX'f• .a(�, ws" ;�'np if �AA " 'low / _ - o s a4 z�=$�> G d s a� - 7 = �'.�-�✓ V l�S1' YGR `6 Ei; � I �� I CATS 4...sm �-�Ae /d .r�- TmE FOREGOiNG SvE,'-)IV�SION INCLUDES LAND THAT WAS CONV YE -a 'r�-, L, tv10ofERY, UNVARRIEO, � OWNER'S CERTIFICATE E'Y E HEL N10W,ERY, ET VIB.a B'V A riE.EC DAT'EOf 0CTCi'iEF( %p I1,162, r:rc BOOK 282, P. 501, �.P'q, ClY RZCHARD C". C L C M BY DELL DA7EG %ECEw,aER 1%, I9 0, F'lC;;�a,�t`ti.'', 4.'•a ()a:.. r, f3O0K 382, P• 301. IT THE FOREGOING SUDDIVISION HAS BEEN MLI CDC W6YN ALSO lN,;(.U0ES LAND THAT FIE+ DE'VSSCC, TO RALPH M('i'i4'ERY ANo K-e.., a;,, ?'r4 1: ."t,.f,f..Y 6Y ETHEL MOWERY BY OUR CONSENT AND IS IN ACCORDANCE WITH CUR %'JISH[.3o P R' g b L E. A D M I T F. I) TO RE * F• CORD S E P r M B E R F,, 1 ') 'j 0 AND R EC O R D F 0 � .v P. 24 I; S A 10 APPROVED BY THE STEPHENS CITY TOWN COUNCIL It•, 'TRUMCNTS BEING RECORDED IN.4 ThE OFFICE OF THE CLERK UF Rl OF FREDERICK COUNTY. SORVEYED 13Y Gcr cat �j C.E.S. w�+r..www.•++A'N.viM,b.�.`.. dl. ;A.i�f.b..tw.wn.�w%�... • y V � y Fp V l.. N E 1..7 K" t 6A 4'a U Y �.I ^ r 50.s .•" P ,v / s /eh�c/f:v✓ fe^ fir'%r y� /� i /♦"3 ;�' t C� L PART ENT Cr HIGHWAYS � //� ��,� /6-� I I V 6 j e -J Al /00 " A10 • o - ea. Tosyrt a /7 3�ejo D 7—� � � 1 jr (A O ✓Cd/ o I..11 �� ' Q �i �d� ,�-Qs�` - -S•v�o/� 11ea •fit � � ��''�' � ' � ' °� �-' ���' I• X � . pug �a� ' '�� 36 Ile- 0 fq cl g 3 �� �' 76Ile JQe ��7 •�y �- 6._ .. _S !L \> P _ f�r sty'••.,, f�_,V i _ _-� �� i �..-�r^�I7%._- •v wJ �0 r•Rr hAL.3tl �� '1 % yr• �� �� .. • ? H ���� ,'v fir', .yi �'� -� yr. J / �� s a =ice 2 a' � d S' 3� • /7 roll 61 o v .• SURVEYOR w S CERTIFICATE THE FOREGOING SUBDIVISION INCLUDES LAND THAT WAS CONVFYEO TC KCrtr+ETti�y tvlCV'ERY, UNMARRIc02 OWNER'S CERTIF E'Y EiH£L MOViERY, £T VIR., BY A DEED DATED OCTCBEK 3, 1562, RECGRDEG IN U q Bock 2822 P. 5012 AND By RICHARD 0. CLEM BY DEED DATED DECEMBER 15, 15-70, RECORDED IN UECU 30QK 382s P. 301. IT THE FOREGOING SUBDIVISION HAS BEE PLSO IN�,'I.U.DES LAND THAT WAS DLVISED TO RALPH VOWE"RY AND K£NNE:TH E. VoWER By STHE.L MOWERY BY OUR CONSENT AND IS IN ACCORDANCE: MITI tn; APPROVED BY THE STEPHENS CITY TOWN COUNCIL PER Y ILL ADMITEG TO RECORD SEP FMBE:R 6, 1970 AND RECORDED IN '%ILL BOOK 7 P. �41 i SAID INSTRUMENTS BEING RECORDED IN aHE OFF'ICF OF THE: CLERK OF THE- CIRCUIT' 1:0U OF F•REDERICK COUNTY. SURVEYED BY to Ya� Z p C.L.S. SQRVE N'ED AUGUST 21, Go0 ( i as,» e Is r)/ /.5/ /9y,-;- 3 70 `FIJe P7 c 7o' a 11 04 e,7 Z -97 e., Aecal (o FIZ z: &A 5c IZ 4 hm17 �e 0 I I , , 2? --- fir Irk 0, A%-0 !36 W 7 W--' 36 ZZ er 38 V------------ r.A V4, §3 -174 tt. D/ 9 SURVEYOR'S CERTIFICATE f7- THE FOREGOING SUBDIVISION INCLUDES LAND THAT WAS CONVEYED To KENNETH Ev N'toweRyp U NIMA R R I E D 0 W 1, 4 E R' S E R T I F I v'A T E ey ETHEL klOWERYj ET VIR*j 13'Y A DEED DATED OCTOBER 3, 1962, RECORDED IN DEED BOOK 282, P. 501, THE FOREGOING SUBDIVISION HAS BEEN MADE WITH AND By RICHARD C. CLEM BY DEED DATED DECEMBER 15o 1770, RECORDED IN DEED BOOK 382, P. 3010 IT OUR CONSENT AND IS IN ACCORDANCE WITH CUR WISHES* ALSO INCLUDES LAND THAT WAS DEVISED To RALPH IVOWERY AND KENNETH E. MOWERY BY ETHEL MOWERY BY PER *ILL ADMITED TO RECORD SEP7ENIBER 8, 1970 AND RECORDED IN KILL BOOK 71, P. 2411 SAID INSTRUMENTS BEING RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY. . I � L. SURVEYED BY.- -- /,.I— h dKZ — C. I . S. SURVEYED AUGUST 21, 1971 • i � J 7& Wr. A"NUDON.1' 1000 AT LAW fIr=i. V06nnA 0 : #2273 ,1 KENNE`TH • E. MOWERY'* T0: • • . • DEED tk, r JAMES E. LOY, ET UX y .. p �lF gonK 4.fi�. .� ' 378 THIS DEED made and dated this day of July, 1976, by and between Kenneth E. Mowery, Unmarried, of the one part, hereinafter called the Grantor, and James E. Loy and Patricia Ann Loy, his wise, of the other part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considera- tion, receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty and English cove- nants of title, unto the Grantees, as tenants by the entirety, with the right of survivorship, as at common law, all that certain Unit or Lot of land, together with the rights, privi- leges and appurtenances thereto belonging, lying and being situate partly in Stephens City and partly in Frederick County, Virginia, and more particularly described and designated as Lot 1, Unit A on Sheet 2 of that certain Amended Deed of Dedication dated August 9, 1974, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 433, Page 755, to which reference is made for a more particular description and chain of title. This conveyance is made, however, subjectto all rights of way, easements and/or conditions of record, if any, affecting the aforesaid realty, and in particular to the cove- nants, conditions and restrictions set forth in that certain "Declaration of Covenants, Conditions and Restrictions" dated August 16, 1974, of record in said Clerk's Office in Deed Book 434, Page 407, which are constituted covenants real to run with the land. U J ^'r 11 I L my 4:B'L n.� 379 The Commercial and Savings Sank, of Winchester, Vir- ginia, and J. Randolph Larrick, Sole Acting Trustee, join in this Deed for the purpose of releasing said Unit A of Lot it from the lien of that certain Deed of Trust dated September 2, 1975, of record in the aforesaid Clerk's Office in Deed Book •448, Page 641, but expressly reserving the lien as to the d remainder of the property secured by said Deed of Trust. WITNESS the following si natures and seals: (SEAL) Kenneth E. Mow Iry COMMERCIAL AND SAVINGS BANK, of Winchester, Virginia y. A ikx , • M • . • • • tt •'ORATE SEAL) J. Randolpkf Larrick Sole Acting Trustee STATE OF VIRGINIA, OF to -wit: I, eg,�, a Notary Public %e% in and for the `?� and State aforesaid, do hereby certify that Kenneth E. Mowery, Unmarried, whose name is signed to the foregoing instrument bearing date the day of July, 1976, has personally appeared before me in my and,+PtOd •'a ore t► .•' said and acknowledged same. ;� .,�i . Given under my hand thia,fZAAGday of Jut .,,-; aw e • ,� •, 7- My commission expires.�D /9?d . �,N,..••' '• uARORNT. ANDHRSON. - LARRICR & GROVRY ArrotNNY6 AT LAM au.o...T... vuw,nA Notary Public II - 2 - 379 . d y --.....__._ .___-_.....****iF*-�***iF �f 9F*it it*�*�r-�**�i**i�*ii�***fir *•icy--..._ ___... __....... ... #3?15 KENNETH E, MCWERY II TO: :° :: DEED MULBERRY TO4JNHCUSES, INC. 0 L Lwwoww•r. At,nwww„ � Www�crt M.w'wr.ww. V,r,wu k-®rY �,rc~ 434 iuJ 11M THIS DEED made this ram day of (a., „ t- 1974, between Kenneth E. Mowery, (unmarried), of the one part, hereinafter called the Grantor, and Mulberry Townhouses, Inc., of the other part, hereinafter called the Grantee. WITNESSETH; That for and in consideration of Ten ($10.00) Dollars, cash in hand paid, and other valuable con- sideration, receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey, with general warranty and English covenants of the Grantee, in fee simple, all that certain tract or parcel of land, lying and being situate partly in Stephens City and partly in Opequon District, Frederick County, Virginia, containing 1.65507 acres, to be known as the "Common Area", designated on the plat of survey as Lots 9, 10, 11 and 12, Exhibit A, prepared by Charles H. Kirkland, attached to that certain Amended Deed of dedication dated the 9th day of August, 1974, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 433, Page 755, and being the same property conveyed to the Grantor by Deed of Kenneth E. Mowery, Attornoy-in-Fact for Ralph A. Mowery, dated June 5, 1974, of record in the aforesaid Clerk's Office in Deed Book 430, Page 104. LESS, however, those certain lots, units, or parcels of land identified as Units A, B, C, D, E and F of Lot 9; Units A, B, C, D, E and F of Lot 10; Units A, B, C, D, E and F of Lot 11, and, Units A, B, C, D, E and F of Lot 12, as shown on Sheets 1 and 2 of said Amended Deed of Dedication recorded in said Clerk's Office in Deed Book 433, Page 755. This conveyance is made, however, subject to all rights of way, easements and/or conditions of record, if any, affecting the aforesaid realty. r ****�ar�rxaa«♦*****aw***e�«***a*** I � 1F dkM Mdl it iFNNMif if Mll MM Ni1M%kM-M 1tMMxMMMMM v V . C L - Lwwo�wT. Awos�ww • yw�llcR d n @,wk A.34 i1,,E 'ill DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this /&,� day of R u Ru S -r , 1974, by Kenneth E. Mowery (unmarried), hereinafter referred to as "Mowery"; Mulberry Townhouaes, Inc., a Virginia non - stock, non-profit Corporation, hereinafter referred to as "Mulberry"; A. P. Renaldi, 'Trustee, nereinafter «_zr.ed to an "Trustees"; end, Virginia National Bank, Arlington, Virginia, hereinafter referred to as "Beneficiaries". WITNESSETH: WHEREAS, Mowery isthe owner of certain real properties (hereinafter referred to as "Lots") located partly in Stephens City, Virginia, and partly in Opequon Magisterial District, Frederick County, Virginia, acquired by Deed of Kenneth E. Mowery, Attorney in Fact for Ralph A. Mowery, dated June 5, 1974, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 430, Page 104, with additional references therein contained and described as follows; A. Lot 9 Unite A, B, C, D, E and F B. Lot 10 Unite A, B, C, D, E and F C. Lot 11 Unite A, B, C, D, E and F, D. Lot 12 Units A, B, C, D, E and F all of which Lots and Units are more particularly described by plat recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 413, raga No. 755 407 f Ir f; 1S LARORNT. ANDRRRON &v.LA1RICl[ _ i 1 WHEREAS, the properties described above are encumbered by certain deeds of trust, as follows: 1. Dated August 17, 1973, recorded in said Clerk's Office in Deed Book 413, Page 647 securing Virginia National Bank, Arlington, Virginia; A. P. Renaldi, Trustee. 2. Dated June 5, 1974, recorded in said Clerk's Office in Deed Book 430, Page 106, securing Virginia National Bank, Arlington, Virginiar A. P. Renaldi, Trustee. WHEREAS, Mulberry has acquired for the common use and enjoyment of Existing Owners and Future Owners, all of whom hold or shall hold membership in Mulberry, certain land in Stephens City and Opequon Magisterial District, Frederick County, Virginia, (hereinafter referred to as "Common Area") more particularly described as follows: 1. 1.65507 acres, conveyed to Mulberry by deed ate Iu<ust 12 1974, and recorded in the Clerx s O ice o the Circuit Court of Frederick County, Virginia, immediately prior to this instrument. AND WHEREAS, by Deeds of Dedication, dated June 6, 1972, and May 6, 1973, and recorded in said Clerk's Office in Deed Book 391, Page 432, and in Deed Book 413, Page 143, respectively, said Lots and Common Area were made subject to certain covenants real to run with the land, set forth thereint NOW, THEREFORE, Mowery, Mulberry, Trustees and Beneficiaries, who are the owners of all interests in all of said Lots and Common Area (hereinafter referred to as "Properties"), agree and hereby declare that said covenants real hereafter shall be of no legal force or effect whatever. . � •"ham::.. ' f� .-t rnox .134 wa 40J AND WHEREAS, Mowery, Mulberry, Trustees and Bene- ficiaries desire that the Properties hereafter shall be subject to certain protective covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth. NOW, THEREFORE, Mowery, Mulberry, Trustees and Beneficiaries bereby declare that all of the Properties described above hereafter shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness thereof. These easements, covenants, restrictions and conditions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the described Properties or any part thereof, and shall inure to the benefit of each Owner thereof. i ARTICLE I DEFINITIONS Section 1. "Mulberry" shall mean and refer to Mulberry Townhouses, Inc., its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additional Lots and Common Area as may hereafter be annexed and brought within the jurisdiction of Mulberry. Section 3. "Common Area" shall mean and refer to all real property owned by Mulberry for the common use and enjoyment of the members of Mulberry. I.wwoRRr. ww"RwRow ♦ LA wRICR i r,t 9` 409 \, / 'A 4 Section 4. "Lot" shall mean and refer to any plot of land lying within the Properties shown upon any recorded subdivision map, with the exception of the Common Area. tw "Member" shall mean and refer to every person or entity who holds membership in Mulberry. Section 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obliga- tion. Section 7. "Mowery" shall mean and refer to Kenneth E. Mowery, his successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from Mowery for the purpose of development. ARTICLE 11 ANNEXATION OF ADDITIONAL PROPERTIES Additional properties may be annexed in accordance with the By -Laws of Mulberry. If Mowery should develop additional land adjacent to the Properties described above, such additional land may be annexed to said Properties without the assent of any other members of Mulberry. ARTICLE III MEMBERSHIP Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by L.AO.R A" covenants of record to assessment by Mulberry, including . LAR7­ II 4 ....... .... . . .. ... ... ) 7 i contract sellers, shall be a member of Mulberry. The fore- going is not intended to include persona or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by Mulberry. Ownership of such Lot shall be the sole qualifica- tion for membership. ARTICLE IV PROPERTY RIGHTS Section 1. Members' Easements of Enjoyment. Every member shall have a right and easement of enjoyment in and to the Common Area and a right of way over all roads in the Common Area for ingress and egress to and from Mulberry Street. Such easement and right of way shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisionsa (a) the right of Mulberry to limit the number of guests of members; (b) the right of Mulberry to charge reasonable admission and other fees for the use of any recreational facility situated uponthe Common Area; (c) the right of Mulberry, in accordance with its Articles and By -Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof encumber said property by deeds of trust, and the rights in said properties thereby shall be subordinate to the rights of the members; - 5 - 411 s 412 A LARMICK 1 � A r< ,134 F,u, 4,' 2 (d) the right of Mulberry to suspend the voting rights and right to use of the recreational facilities by a member for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 90 days for any infraction of its published rules and regulations; (e) the right of Mulberry to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. (f) the right of the individual Owners to the exclusive use of parking spaces as provided in this Article. Section 2. Delegation of Use. Any member may delegate, in accordance with the By -Laws, his right of enjoymen, to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to the Common Area. Mowery hereby covenants for himself, his successors and assigns, that fee simple title to the Common Area has been and shall in the future be conveyed to Mulberry free and clear of all encum- brances and liens. Section 4. Parking Rights. Ownership of each Lot shall entitle the Owner or Owners thereof to the use of not more than two automobile parking spaces, which shall be as near and convenient to said Lot as reasonably possible, together with the right of ingress and egress in and upon said parking areas. Mulberry shall permanently assign two vehicular parking spaces for each dwelling. - 6 - 4:3 Section 5. Utility Easements. Easements and rights- , of way shall be and have been conveyed for the benefit of i governmental agencies, authorities or instrumentalities, and for the benefit of public utilities, and for the benefit of Mulberry and fo,r.the benefit of Owners, on, under, and through the Properties for the ownership, use, operation, maintenance, repair and replacement of water, sewage, gas, electrical, and ' other facilities, including lines, pipes, wires, valves, switches, etc., and all parts of the Properties may be entered under reasonable circumstances for the maintenance and repair of the aforementioned utilities or of the facilities. Section 6. Destruction of a Townhouse. In the event a townhouse is destroyed, the Owner thereof shall begin i reconstruction within a reasonable time or excavate and clear away the remaining portion of the townhouse, and maintain the Lot in a net and orderly condition. If the Owner fails to I perform such clearance or maintenance for a period exceeding sixty (60) days, Mulberry shall perform the same and the expenses thereof shall be a lien on the particular Lot as subject to collection under Section 8 hereof. Section 7. Reconstruction of Townhouse. In the OVent a townhouse is destroyod, no structuro other than a townhouse of the same dimensions and similar architecture and as approved pursuant to Article VIII hereof shall be constructed in place of the original structure. Section 8. Easement for Encroachments. Each townhouse Owner is entitled to an exclusive easement for the use and enjoyment of the air space within a reasonable distance above and below such townhouse, and patio area on each Lwwawxi. Aw':-W i Lw= w,u- Mscw..rwa v,w..wu _ 7 _ l i 414 h I %' z ! - � j.A/lOR}R. AMURRW, .. A cuRutt 5 i °�(( 1:311 FAH A.-4 respective Lot. If a townhouse Lot shall encroach on any Common Area or any other townhouse Lot by reason of original construction or by the non -purposeful or non -negligent act of the townhouse Ower, then such easement shall be appurtenant to such encroaching townhouse Lot, to the extent of such encroach- ment, and such easement shall exist so long as such encroachrr•eni exists. If any Common Area shall similarly encroach on any townhouse Lot, then an easement appurtenant to such Common Area shall similarly exist. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien for Assessments. Mowery, for each Lot c..^ed by hir, hereby covenants, and each subsequent Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to Mulberry: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as provided in the Sy -Laws of Xulberry. :ne annual and special asaeaar,.cnta, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Section 2. Certificates. Mulberry shall upon demand at any tire furnish a certificate in writing signed by snr cfff C-Cr rf SAt'tf a specified Lot have been paid. A reasonable charge may be 8 - 7 4 made for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 3, Effect of Nonpayment of Assessments. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of seven (7) percent per annum, and Mulberry may foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. Section 4. Subordination of the Lien to Deeds of Trust. The lien of the assessments provided for herein shall be subordinate to the lien of any deed of trust. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot by the Trustee upon foreclosure of any deed of trust shall extinguish the lien of such assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 5. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all Properties dedicated to and accepted by a local public authority] 1 11 (b) the Common Area; and - 9 - wMf 416 "i3A P,v� 4 t 6 (c) all Properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of Virginia. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ARTICLE V2 PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenace of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, Al s any Owner who has used the wall may restore it, and if the otheri I Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use ( without prejudice, however, to the right of any such Owners to i call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. 0 l yr' It 0 417 P �, 134 , 1.7 Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent .if or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section S. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such owner's successors in title. ARTICLE VII ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made except those constructed by or on behalf of Mowery, until the plans and specifications showing the nature, kind, shapte, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of Mulberry, or by an architectural committee composed of three (3) or more repre- sentatives appointed by the Board. In the event said Board, or its designated committee,fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. LAaoRwi. AMuewwM • L1wICR - ' M^seo�rta Vo�on� t � , T In' *34 AVS ARTICLE VIII USE RESTRICTIONS The use of the property shall be in accordance with the following provisions as long as the buildings exist on the Properties in useful condition: Section 1. Townhouses. Each of the Lots shall be occupied only by a single Townhouse, and each Townhouse shall be occupied only by a single family, its servants and gueV,.s, iW NOW - as a residence and for no other purpose. No townhouse may be M_ divided or subdivided into a smaller unit, nor any portion thereof sold or otherwise transferred, without first amending ---------- this Declaration to show the changes in tie townhouses to be affected thereby. Section 2. Common Area. The Common Area shall be used only for the purposes for which it is intended in the furnishing of services and facilities for the enjoyment of the Owners. Section 3. Nuisances. No nuisance shall be allowed upon the Properties nor any use or practice which is the ourc of annoyance to residents or which interferes with the peaceful possession and proper use of the Properties by its residents. The Properties shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. Section 4. Lawful Use. All valid laws, zoning ordi- nances, and regulations of all governmental bodies having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of covernmental bodies which require maintenance, modification or repair of the Properties shall be I A LAx*tcK V­ 12 I mow. ' 419 /�.. (] rr.; 534 the same as the responsibility for the maintenance and repair of the improvements concerned. Section 5. Leasing. All present or future Owners, or any other person that might use any Lot or the Common Area in any manner, are subject to the provisions of this Declaration and the mere acquisition or rental of any of the townhouses, or the mere act of occupancy of any townhouses shall signify that the provisions of this Declaration are accepted and ratified. The respective townhouses shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as a rental for any period less than sixty (60) days. Other than the foregoing obligations, the Owners of the i respective townhouses shall have the absolute right to lease same provided that said lease is made subject to the covenants and restrictions herein contained. Section 6. Animals. No animals shall be kept or maintained on the Properties, excepting only household pets. I No dogs shall be allowed to roam unleashed and unattended upon the Properties. Section 7. Temporary Buildings and Dwellings, Trailers, Boats, Motor Vehicles, etc. No tractor -trailers, campers or mobile dwellings, trailers, boats, unlicensed or inoperative motor vehicles, or temporary buildings shall be I kept, erected or maintained on the Properties. j Section 8. Proviso. Neither the Owners nor Mulberry nor the owner's use of the Properties shall interfere with the completion of any contemplated improvements and the sale of the townhouses by Mowery. Mowery may make such use of the unsold LARGXWr. ANVEN"M r9. • LAIRIM W__ V_ II - 13 - I I €:'Air lift. r °...­ 134 .° 4 .0 townhouses and Common Area as may facilitate construction and sales, including but not limited to the temporary use, parking and maintenance of such buildings and vehicles as may be reasonably necessary for construction, the maintenance of a sales office, the showing of the units and the display of signs. ARTICLE IX GENERAL PROVISIONS Section 1. Enforcement. Mulberry, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reserva- tions, liens and charges now or hereafter imposed by the pro- fivisions of this Declaration. Failure by Mulberry or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restriction of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by Mulberry, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants dhall be automatically extended for successive periods of ten (10) years. The r'.' ' i.ARG=Ifr. ANDNIIWN LANRICN Murtalnu. • ue 134 F.,E 4':1 covenants and restrictions of this Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety per cent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five per cent (75%) of the Lot Owners. Any amendment must.be properly recorded. IN WITNESS WHEREOF, the undersigned nave hereunto set their hands and seals this 16 day of U 5 Y- 1974. LA-261 Kenneth E. Mowery MULBERRY TDWNHOUSES, INC. '- By ATTE!J�Xl' A. P. Renaldi, Kea .. ..... VIRGINIA NATIONAL BANK By 03 17- 5302 Mulberry Court Stephens City, VA 22655 September 26, 1983 Mr. John Riley, County Administrator 9 Court Square Winchester, Virginia 22601 Mr. Michael Kehoe, Town Manager Town of Stephens City P. 0. Box 250 Stephens City, Virginia 22655 Gentlemen: In early June, I contacted your offices regarding the poor condition of the street known as Mulberry Court in Stephens City. After speaking to Mr. Kehoe and Mr. Horne, I learned that there was some question regarding who had the responsibility for maintenance of this street. Mr. Horne stated that he would meet ,jith the Highway Department to discuss this matter and would advise me accordingly. To date, I have heard nothing. The court records clearly show that the Town of Stephens City, the County of Frederick, and the Virginia Highway Department accepted the responsibility for this street by the signatures of appropriate officials on the Deed of Dedication, dated June 6, 1972 (DB 391, p. 432), from Kenneth 0. Mowery to the Town of Stephens City, which was corrected on May 6, 1973 (DB 413, p. 143) to include the County of Frederick as a party, and later amended to approve the final plat (DB 433, p. 755), signed by officials of both local governments and the Highway Department. During the four -month period of time since I moved into this cor,;umunity, the street_ .has deteriorated to a state where it is :?most impassable -'at one point. I request you to act on the responsibility for maintenance of this street which each of your governments accepted in 1972 and '_973. Very truly yours, U` (Ms.) Rebecca A. Martin 5302 Mulberry Court Stephens City, VA 22655 September 26, 1983 Mr. John Riley, County Administrator 9 Court Square Winchester, Virginia 22601 Mr. Michael Kehoe, Town Manager Town of Stephens City P. 0. Box 250 Stephens City, Virginia 22655 Gentlemen: In early June, I contacted your offices regarding the poor condition of the street known as Mulberry Court in Stephens City. After speaking to Mr. Kehoe and Mr. Horne, I learned that there was some question regarding who had the responsibility for maintenance of this street. Mr. Horne stated that he would meet with the Highway Department to discuss this matter and would advise me accordingly. To date, I have heard nothing. The court records clearly show that the Town of Stephens City, the County of Frederick, and the Virginia Highway Department accepted the responsibility for this street by the signatures of appropriate officials on the Deed of Dedication, dated June 6, 1972 (DB 391, p. 432), from Kenneth 0. Mowery to the Town of Stephens City, which was corrected on May 6, 1973 (DB 413, p. 143) to include the County of Frederick as a party, and later amended to approve the final plat (DB 433, p. 755), signed by officials of both local governments and the Highway Department. During the four -month period of time since I moved into this community, the street has deteriorated to a state where it is almost impassable at one point. I request you to act on the responsibility for maintenance of this street which each of your governments accepted in 1972 and 1973. Very truly yours, j (Ms.) Rebecca A. Martin M E M O R A N D U M TO: Board of Supervisors FROM: County Administrator Attached please find the final plat of Mowery Subdivision which has been approved by the Virginia Department of Highways and the Stephens City Town Council and is to be served by public water and sewer by the Town of Stephens City. The attached letter to Bob Fletcher spells out their agreement regarding recreation. Since a portion of the development lies in Frederick County, approval by the Board of Supervisors is necessary. This information is submitted for your consideration on May 23, 1973, after the Budget Hearing. J. O. Renalds, III County Administrator JOR:akk Enclosures LARGENT. ANDERSON AND LARRICK ATTORNEYS AT LAW GRAICHEN BUILDING FLOURNOY L. LAROENT. JR. WINCHESTER, VIRGINIA 22601 JOHN F. ANDERSON J. RANDOLPH LARRICK May 16, 1973 Mr. Robert Fletcher Superintendent Parks and Recreation Department Frederick County of Virginia 9 Court Square Winchester, Virginia AREA CODS 708 TELEPHONE 602.0821 Re: Kenneth Mowery - Subdivision Stephens City, Virginia Dear Mr. Fletcher: OConfirming our phone conversation of this day, you will find attached hereto a subdivision of four lots lying partly in the County of Frederick, Virginia, and M partly in the Town of Stephens City, Virginia, consisting LF of four lots, No. 9, 10, 11 and 12 owned by Kenneth Mowery. This subdivision has been approved by the Department of Highways, the Totin of Stephens City and will be serviced by water and serer by the Town of Stepbe4s City. These lots were rezoned from agricul- tural, to business at the April meeting of the Frederick County Board of Supervisors and rx. Mowery intends to construct six townhouse. -.units on each lot. As Mr. Mowery applies for building permits: for each six unit townhouse, he will pay the sum of $600.00 for recreational purposes with the understanding that the permit will nat be granted unless said sums are paid. I am attaching a plat for your approval and would appreciate your forwarding it to the proper departments in Frederick County in order that final approval'may be obtained by the Frederick County Board of Supervisors. I want to thank you for your many courtesies shown in this matter and your :splendid cooperation. Very truly yBours, J. Randolph Larrick JRL:jhc Encls. cc: Mr. Kenneth Mwery • MOWERY Subdivision Opequon District . SUBD