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HomeMy WebLinkAboutOpequon Ridge, Section I and II (R-1) Fred L. Glaize, III Stonewall - Backfiler77 ruanar a uNranr i y'l18 FRED L. GLAIZE, III, ET UX *I TO: :: DEED OF DEDICATION COUNTY OF FREDERICK, VIRGINIA ##########*#*#*#*#####**###***###*## 438 V, THIS DEED OF DEDICATION, made this lot day of December, 1976, between Fred L. Glaize, III and Ann Glaize, his wife, hereinafter called the Grantors, and The County of Frederick, Virginia, hereinafter called the Grantee. WHEREAS, the Grantors are the owners of Lots 1 through 13 of Opequon Ridge, Section One, and of Lots 14 through 31 of Opequon Ridge, Section Two, as more particularly described on the plats of J. R. Nicely, Certified Land Surveyor, dated November 1, 1976 and December 1, 1976, respectively, and attache hereto; and, WHEREAS, it is the desire of the owners to subdivide said land as hereinafter set forth. NOW, THEREFORE, WITNESSETH: 1. The platting and dedication of Section One, Opequon Ridge, and of Section Two, Opequon Ridge, as shown on the plats ,prepared by J. R. Nicely, Certified Land Surveyor, dated Novembe 1, 1976, attached hereto and incorporated herein in full by this reference, is with the free consent and in accordance with the desire of the Grantors herein. The platted land lies adjacent to Virginia State Route 664 and State Route 660, Northeast of Winchester in Stonewall District of Frederick County, Virginia and is a portion of the property conveyed to the Grantors herein by deed dated August 27, 1971 and records in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 381, at Page 45. 2. The Grantors do hereby grant and dedicate to the Grantee, in regard tv Section One, Opequon Ridge and in accordan with Section 15.1-478, Code of Virginia, 1950; as amended, those portions of the platted property designated as a "ten 6O2 foot wide strip along East side of Route 662" and "the strip of land shown hereon lying along the North side of Rt. 660 between the property line of lots and the existing property line of Rt. 660" which composes a thirty (30) foot wide at for the purpose of widening said state highways. 3. The lots contained in Section One, Opequon Ridge and Section Two. Opequon Ridge, are subject to the following covenant , restrictions and easements which shall be considered covenants real and running with the land and shall be binding upon the Grantors and all subsequent owners of said lots: a. No building of a temporary nature shill....e-erec a .._..... or placed on said lot except those customarily erected in connect r with building operations. and in such cases, for a period not to exceed four (4) months. b. Said lot shall be used for residential purposes only, and any garage, barn or service building, must conform generally in appearance and material with any dwelling on said lot. c. No signs, billboards, or advertising of any nature shall be erected, placed or maintained on said lot, nor upon any building erected thereon, except directional and information signs of the Grantors. d. No building shall be erected closer than seventy- five (75) feet to any street or road, nor closer than thirty (30) feet to the side or -rear of the lot line, with the exception that where two or more lots are used together for the construction of one dwelling, then said thirty (30) foot set i back shall apply only to outside lines. - 2 - 1 1 „. 663 .! S'3 ;,« 603 a. No trucks, buses, old cars, unlicensed or unsightly �•;` �� vehicles of any type or description may be left, scored or :i . ... Vie. •� r; j. M atttaatrt at w .wat”" .at... 3 abandoned on said lot. f. The Grantee shall maintain said lot either in its natural state or, if improved or developed, in that state and shall prevent unsightly or otherwise offensive conditions from occurring, including removal of garbage or refuse. g. If parties hereto, or any of them, or their heirs or assigns, shall violate,or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real estate situated in said subdivision to prosecute -any--proceedings_at..law.or An. -equity.against_the person or persons violating or attempting to violate any such covenant, either to prevent him or them.from so doing or to recover damages or other amounts for such violation. h.. Invalidation of any one of these'covenants by judgment or Court order, shall in no wise affect any of the other provisions which shall remain in full force and effect. i. If the construction of a driveway into said lot prohibits.the natural drainage in front of said lot, then a pipe or culvert of sufficient size shall be installed by the purchaser of said lot at his expense. J. No dwelling shall be erected or maintained on said lot or lots which costs, when completed, less than Thirty Five Thousand Dollars ($35,000.00). excluding cost of lot or lots, and, in addition thereto, each dwelling shall have a ground floor space of not less than 1350 square feet for a one-story dwelling nor less than 900 square feet for each floor of a two-story dwelling. exclusive of any.portion thereof used for a garage or an outside porch. 3 - �4, . maw at s • ..Yt11[.tA wwr 601 k. No cows, hogs, goats, fowl, dog kennels or :lie like, shall be maintained upon said lots at any time. Two ` horses, for private use only, may be maintained provided they are properly fenced. 1. The said lot shall not at any time be subdivided, conveyed or sold except as a whole unless two (2) lots joined together or three (3) lots made into two (2), as long as no lot is made smaller. m. Nothing herein is to be construed to prevent the Grantors from placing further restrictions or easements --on any lot in said subdivision which shall not have already been conveyed by them. COVENANT AND RESTRICTION APPLICABLE ONLY TO SECTION TWO, RIDGE 1. Lots 14 through 31 of Opequon Ridge, Section Two, shall be impressed with a Fifty Dollars ($50.00) per lot, per year, roadway maintenance fee. Said roadway maintenance fee, in the amount of Fifty Dollars ($50.00), shall be paid each year on June 1, to the Grantors herein and said amounts shall be used solely for the maintenance of the right of way as shown on the plat of J. R. Nicely, Certified Land Surveyor, dated December 1, 1976; provided, further, that a property owner's association shall be established when nine (9) lots have been sold with membership in said property owner's association being automatic upon ownership of any said lot in Section Two., Opequon Ridge, each owner of each lot having one (1) vote, said association to be governed by the majority. Upon the establishment of said association, the Fifty Dollars ($50.00) roadway maintenance fee, shall be paid directly to the property owner's association and_said amounts shall be used for roadway - 4 - I 605 i talsom a 40rrsra■ Am-wn I N- o-wena w..m. maintenance only. The property owner's association may, by appropriate action, set said roadway maintenance fee Pt An amount necessary to maintain the said roadway, except that said fee shall never exceed Fifty Dollars ($50.00)per lot per year. 'Said annual payment shall be a charge and lien upon the property herein conveyed, it being expressly understood that said lien is inferior and subordinate to the lien of any deed of trust hereafter recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia encumbering the above described property, unless record notice to the contrary is given prior to the recordation of any such deed of trust. WITNESS the following signatures and seals: .. . /' i (SEAL) re (SEAL) ' aze4 STAT$; OFF VIRGINIA, r ' of �� .� , �,iEL, To -wit: ��.•' I�J ra Notary Public of and for the State and % aforesaid, do certify that Fred L. Glaize, III and Ann Glaize, his wife, whose names are signed to the foregoing writing, bearing date on the 1st day of December, 1976, have acknowledged the same before me in my State and aforesaid. day of y , 1976 Given under my hand this L_ My commission expires otaryrublil- I 1-vns commissioned as Sharon R SolwLL - 5 - -..SCALE• o,avi•.i-4cc c.�sc.ysw.r � 1crBf+cr aiv�- /G�iwG o • / .vcr-eEBy -9 c.rvowc e-o cE' s-. ss+ r ryE ' eovs6 ••/r•Q,eio is. iv q eC o.QOA.veE' co i✓/!ice/ M✓ i./�S..�ES .v.vo o�Si.�6-s: F�Eo IRV G. G G.q/zE; O q rE -Sf/iC ✓EYo�e-s C�'it T/�iCi4 T'E' ' i ./E'.�EBy cc.E Ti.�✓ sv� .vE.eE"iv .ocv�TEo �-vBoirisio.�/ is A Po.�s-io.v .oF• r�vE' C.9.io . • gC9di.QE'O By F.C�Eo C. 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Nicely Certified Iand Surveyor 109 South Street, ' Winchester, Virginia November 1, 1976 MBS AND BOUNDS DESCRIPTION z SECTION ONE, Op=ON RIDGE I= 1 -.7 as existing 40' a in the new east R�M line of Route 664, i;' s : • `: + B at point , to be dedicated on the east Bide wide R/W with, an additional 10 wide strip t Mission Seminary Lands "s .: •, . ' ;'• : _; with this subdivision, in the line of the Holy Y 465.36 feet, to an irons thence, by four thence, With that Land, N 60°36918" Be tract, S 13047'40" Be 832.55 feet, to an irons' j the entire new courses throughthence S W10135" Be 250.00 537.00 feet, to an iron; _-_. _ •..;_.._. - thence, S 18°43'13" Be , reserved for access to the ---feet, to an Irons thence, along-. a 60___wlde_atrip ------ - i remaining band (not a part of this section), S 22°00'00" W, 539.61 feet, 30' prescriptive c ; :.'•:; :•. an iron in the new Northern R�W line of Route 660, an existing e=•ty line to be dedicated a ; �3� i easement with 30' from the existing centerline -prop ' " W new RIW line, N 5801035 r y ; with this subdivision; thence, with the having said a central angle of 43'S5' .r a r...:.. 474.88 feet; thence, by a curve to the right, hot 80.64 feet, for an arc a tangent length is z, lose, a radius of 200.00 feet, and in the beforementioned new east R/W line of 2+ ` distance of 153.31 feet, to a point that R�W line, five courses, first, by a curve to the left, with Rt. 66l►s thence, a radius of 1827.16 feet, and a tangent 4°27'47^r having a central angle of 6 feet thence, N 18°43113" We for an are distance of 142.3 1 h of 71.20 feet, 1e to the right, having a central angle 487.50 feet, to an lronq thence, by a curveh of 196.08 feet, for 1498.89 feet, and a tangent lengt of 14°54'20", a radius of 389.94 fasts thence, N 3°48'53" W, 269.75 feet; thence, by a an arc distance of having a central angle of 3°11'43", a radius of 1811.49 feet, curve to the right, length of 50.52 feet, for an are dsistance of 101.02 feet, to the and a tangent - beginning, Containing 21.701 acres. unS 8 13 , " 60.69 feet, from the southerasost corner being S 58°10 35 E+ BEpIZIIdTZiG at an iron, described Parcel (Iota 1 - 7), in the new Northern R�N Line of Rt. of the above wide easemer, with 30' from the existing 660, an existing 3o' prescriptive dedicated with this subdivision; thence, leaving centerline -property line to be 1 A Rt. 660, and with the 60' wide strip reserved for access to the remaining land, N 22'00100" E, 550.00 feet, to an iron; thence, S 49*43'11" E, 980.16 feet, to /in iron, thence, S 69*17,51,, E, 499.23 feet, to an iron in the line of the land now or formerly owned by Stillwell: thence, with that land, S -2'u9113" W, 525.00 feet, to an iron in thn beforementioned new R/W line of Rt. 660; thence, with that R/W line, nine courses, N 61028100" W, 13.62 feet; thence, by a curve to the left, having a central angle of 17050'05, a radius of 508.00 feet, and a tangent length of 79.71 feet, for an arc dsitance of 158.13 feet; thence, N 79018'05" W, 133.28 feet; thence, by a curve to the right, having a central angle of 10*55120", a radius of 1015.58 feet., and a tangent length of 97.13 feet, for an are distance of 193.67 feet; thence, N 68°22145" W, 59.70 feet; thence, by a curve to the right, havinf a central angle of 2604612011, a radius of 390.21 feet, anda tangent length of 92.86 feet, for an arc distance of 182.33 feet; thence, N 41° 36125" W, 425.83 feet; thence, by a curve to the left, having a central angle of 16*34'10", a radius of 888.45 feet, and a tangent length of 129.37 feet, for an arc dsitance of 256.93 feet; thence, N 58"10'35" W, 75.00 feet, to the beginning; Containing 18.223 acres. NEW RIGHT-OF-WAY ROUTE 664 BEGINNWG at the beginning point of the first described parcel (hots 1 - 7); thence, with the new R/W line of 9t. 664 and the parcel mentioned, five courses, first by a curve to the left, having a central angle of 3011943", a radius of 1811.49 feet, and a tangent length of 50.52 feet, for an arc dsitance of 101.02 feet, thence, S 3048'53" E, 269.75 feet; thence, by a curve to the left, having a central angle of 14*5412011, a radius of 1498.89 feet, and a tangent lenggh og 196.08 feet, for an arc dsitance of 389.94 Peet; thence, S 18*43113" E, 487.50 feet, thence, by a curve to the right,*having a central angle of r13922", a radius of 1827.16 feet, and a tangent length of 131.34 feet, for an arc distance of 262.22 feet, to the existing centerline- property line of Rt. 660; thence, with that line, N W 10'35" W, 13.56 feet, to the existing RIW line of Rt. 664; thence, with that existing R/W line, five courses, first by a curve to the left, having a central angle of 7*56105", a radius of 1817.16 feet, and a tangent length of 126.03 feet, for an arc distance of 251.65-feat;-thence, N 18°43113" W, 487.50 feet; thence, by a curve to the right, having a central angle of-14Q54'20", a radius of 1508,89 feet, and a tangent length of 197.38 feet, for an arc distance of 392.54 feet; thence, N 3*48153" W, 269.75 feet; thence, by a curve to the right, having a central angle of 300112210, a radius of 1821.49 feet, and a tangent length of 48.06 feet, for an arc distance of 96.10 feet; thence, with the line of the land of the Holy Trinity Mission Seminary, N 60*36118" E, 11.40 feet, to the beginning, Containing 0.345 acres. U�1 r6st2 PACE 11 E 1�C< 433 iAu 6i2 i mEw Rim-w-m r RouTE 66o BECnSM at the point of intersection of the above described parcel, the New R/W of Rt. 664, and the existing centerline -property line of Rt. 660; thence, with the new R/W line of Rt. 664, by a curve to the left, having a central angle of r 55'35", a radius of 1827.16 feet, and a tangent length of 59.97 feet, for an arc diitance of 119.86 feet; thence, with the new R/W line of Rt. 660, ten j courses, first, by a curve to the left, having a central angle of 43055110", a radius of 200.00 feet, and a tangent length of E0.64 feet, for an arc diitance y.,'.. of 153.31 feet; thence, S 58°10'35".E, 610.77 sect.: thence, by a curve to the right, having a central angle of 16°34,10", a radius of 888.45 feet, and a tangent length of 129.37 feet, for an arc diitance of 256.93 feet; thence, S 41036125" E, 425.83 feet; thence, by a curve to the left, having a central angle of 26046120", a radius of 390.21 feet, and a tangent length of 92.86 feet, .for an arc daitance_of 182.33 feet; thence,. S W 22'45" E,_59.70 feet.;. thence,_ by a curve to the left, having a central angle of 10°55120", a radius of 1015.58 . feet, and a tangent length of 97.13 feet, for an are diitance of 193.67 feet; thence, S 79°18'05" E, 133.28 feets thence, by a curve to the right, having a :i;,...., central angle of 17050,05", a radius of 508.00 feet, and a tangent length of 79.71 feet, for an arc distance of 158.13 feet; thence, S 61028100" E, 13.62 feet, thence, leaving the new R%W line, S 22009113" W, 30.18 feet, to the exist centerline of Rt. 660 and the or iginal riginnl property line of the entire tract; thence,•with the said centerline -property line, five courses, N 61028000" W, 91.97 feet; thence, N 79°18105" W, 308.28 feet, thence, N 68*22945" W, 259.70 Poet; thence, N 41036'25" W, 650.83 Peet; thence, N 58010'35" W, 790.92 feet, i to the beginning, Containing 1.471 acres. 1 i A n � I I 1 � I I ' `.SEC T/ O i✓ Tr✓ O . �sTOic/E1�✓�GG O/sT�/GT " i D �CI : L. NiCR V ugrirk�+c no. > .f 1092 'fV LAhP I ./..tom wicerCY . ce'.eriFiE-v GA.vo .sveve'Ya� � ■ 1 �n..t 1?�.:.�#.•. _ ... _ � ... .;. .� ... aa'�;,�3t. ,-:�"s.i8:r..,?5x,.,.� .':.�1tirt._'c�?ryyaca:+.u.• �... .o .. ..,. � ,. �t' ... 0 C, cc Ile, Vi p W!V A a-_3r ra 1,4;0 1 \ i2 ell 47,-- r. � �z• o rHE-2 G Atio of c�,q. z E S F -.5"B3'.So•2B"'E 700. 00' • 3So, oo' ,3So, oo a• � W � o N . ►. %gcees-s � � N o.. P d e�• 0 � Q .�� ce �s �cea-s ' sa • .Qyo 3c� 92' 3So.00' 3So. oo• Sio. 02' . Imo✓ s 83 ' .So 2B •' E' • 62 S, o o • ti Z> Q N 2S 29 23 0 o �pQII, "lrotf4•`.:,,i.4"3 ,.3..ttr +:. �.'�_.s.2_,e.:�s... .S... k.:f:+M1•xm'i-e :. �- Y n c s , ..� e....r.. r,,.. .. .. iAtU 618 J. R. Nicely Certified Land Surveyor log South Kent St. Winchester# Virginia December 1, 1976 KVM AND BOUNDS DESCIUYTION OP=N RIDGE, SECTION TWO BEGnMM at an iron in the North Rightrof--wall line of Route 660, the new R/W as shown on Plat of Section One; thence, with that g W e, N 58*10035" W, 60.89 feet, to an iron, a corner of Lot 7, ction One; thence, with that Lot, N 22°00100" E, 539.61 feet, to an iron; thence, with Section One rear lot lines, three courses, N 58*10135" W, 250.00 feet; thence, N 18*43913" W, 537.00 feet; thence, N 13°47'40" W,832 35 feet, to an iron in the line of the land of the Holy Trinitq mission Seminary; there, with that land two courses, N 60°36'18" E, 468.66 feet; thence, N 007144" E, 180.00 feet; thence, by four courses with the other land of Maize, S 62*54110" E, 1136.11 feet; thence, S 83°50128" E, 700•00 feet; thence, s 51002150" E, 1217.58 feet, thence, S 62°54110" E, 549.13 feet, to a point in the center of Opequon Creek; thence, with the said Creek three courses, S 46025120" W, 140.00 feet; thence, S 29°17'00" W, 180.00 feet; thence, S 16048,22" W, 142.87 feed thence, leaving the Creek and with the land of Stillwell, four courses, N 84°36'58" W, W3.96 feet; thence, S 9°57'17" W, 143.75 feet; thence, S 10007147" W, 567.08 feet; thence, S 2rO9113" W, 95.37 feet; thence, with Section One, three courses, N 69017151" W, 499.23 feet; thence, N 449p43B11" W, 980.161feet; acres; s 22°00'0O" W, 550.00 feet, to the be Containing Virginia. lying and being situated in Stonewall District, Frederick CotmtY, 1. R. h9CELY ,cam u GERTWICATE N0. 1092 o. t0 LAND 5O t I� lay _ 19� cd w3s ac 1 1 e BK560PG633 N s 9 21 22 ! F r- w or 50' 2e w lo2la3' 3s 36 ao L-BZ� 330.0o' 2!l.42 Ol y.l l N a �0 26 N 25 24 1. L + 8.029 AC. r°+ c 5.245 AC. `e+r m . 2 3 o. C h 0. i �-y 7.311 AC. 03. 4r a f d • ;. 27 .b 48+3•S2 " 0 �' z • 2!Q 1 i • 31 s:�'r4' ..e 2es.cz ase-• 2I • t 6.358� AC.-' s s� 47 f - 14Ll.eb � Go A STILLWELL LAND \� } �AI' ( 29 30 o r 5.222 AC. �o J �BD 1110N APPROVED 'l �: 44AISION ADMINISTRATOR •'- �� d niO 3 FINAL PLAT jll ti� W 11 ., 5.803• AC:• N �ry for the revision of •. Lots 12.and,13 Section 1 k - a Lots 23, 24, 25. 30 and 31 Section 2 �� • ' = CMUGH RIDCZ RO«1'p Stmewall District. Fredarick County, Virgins, 660 1• • ?�' January 25. 1983 s 4102e'oQ's-1l9� MOM Lot 13-- Sectim 1 has been joined with Lot 12 to toes mi. Lot to,be designated Lot 12 - Section 1. nsuwo CURVE TAKE CURVE DELTA RADIUS ARC TAA CHCRD 1" 17'SO'03•.. 508.00 158.13 79.71 S70-23-03-Z - 157.492 100SS920• 1015.96 193.67 97.13 SM50'2S-Z - 193.38 asmnu ►RcatweK 00iitrtr, IN. This 4,atrwrwn a :;rf ... pp0�pf,0 b er sn sr dar d / .� /O ; 37 Airs ti - am Na owurx le d acw, ,d�,nnl tln„ra ■es is wart. i edr�rd i COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 April 19, 1999 Ms. Jane Obst 159 Hidden Pine Drive Stephenson, VA 22656 Dear Ms. Obst: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX (540) 984-5607 Ref: Subdivision Information Opequon Ridge II Route 664 Frederick County Enclosed is the information promised regarding upgrading the roadways in your subdivision to comply with minimum acceptable VDOT design standards and construction. I realize there is a lot of information here. I will be happy to address any questions you may have. The second packet of information is on the rural addition process. You will need to develop a relationship with the Frederick County Board of Supervisors and your local board member along with Frederick County Staff to support you through this addition process. Please review the attached. When you are ready to proceed, feel free to call me about any of this information. SAM/rf Enclosures xc: Mr. Dave Heironimus Mr. Bob Hawkins Mr. Eric Lawrence Mr. Ed Strawsnyder Mr. Kris Tierney Sincerely, Steven A. Melnikoff �' Transportation Engineer RECEIVED APR 2 2 1999 DEPT, OF PLANNING/DEVELOPMENT WE KEEP VIRGINIA MOVING XIFENT" INFORRIATION NEEDED PRIOR TO ACCEPTANCE OF SUBDIVISION STREETS INTO STATE SECONDARY SYSTEM SUb(hViSion streets may be considered eligible for acceptance into the State Secondary System when: • Built according to plans approved by the Department of Transportation, properly maintained since completion and • Rendering a public service [serving three (3) occupied dwellings or three (3) businesses per street). THE FOLLOWING WILL BE REQUIRED TO BE FURNISHED TO THE COUNTY PLANNING DEPARTMENT AT LEAST THIRTY (30) DAYS PRIOR TO ADOPTION OF THE RESOLUTION BY THE BOARD OF SUPERVISORS REQUESTING THE ADDITION: Three (3) copies of as -built construction plans showing: • Roadway Geometries • Drainage & Drainage Easements ?. "Three (3) copies of the final plat with date & place of recordation, deed book number and page number. 3. Signcd permits covering all utilities, publicly or privately owned, to occupy or cross the right-of-way and quitclaiming any prior rights. 4. Bond to guarantee workmanship and performance of material for one year from date of acceptance. (See reverse side for schedule.) 5. Maintenance Fee - check payable to the "Virginia Department of Transportation". This fee is based on the length of the streets involved from the date of acceptance to the end of the fiscal year (June 3U'). No maintenance fee is required if the addition is effective July 1". (See reverse side for schedule.) ADDITIONS WILL BE MADE EFFECTIVE ONLY ON THE FIRST OF THE MONTH. ALL DATA IS TO BE IN THE EDINBURG RESIDENCY OFFICE OF THE DEPARTMENT OF TRANSPORTATION BY THE 1ST OF THE PRECEDING MONTH. (30 DAYS) FEE & SURETY SCHEDULE for SUBDIVISION STREET ADDITIONS 2-LANE STREET: Minimum (up to 0.25 mile) From 0.25 to 0.50 mile Over 0.50 mile .................................................................. 4-LANE STREET: Minimum (up to 0.25 mile) From 0.25 to 0.50 mile Over 0.50 mile EXAMPLES SURETY $ 3,750 $ 7,500 $ 1,500/tenth of mile & fraction thereof $ 7,500 $15,000 $ 3,000/tenth of mile & fraction thereof MAINTENANCE FEE $375/year $750/year $150/tenth of mile & fraction thereof $750/year $1,500/year $300/tenth of mile & fraction thereof A two lane street, 0.35 mile long, is processed for addition effective September 1'. Therefore, surety is required for four -tenths mile and maintenance fee is required for ten months. Surety required: $7,500 Maintenance fee required: $750 x 10/12 = $625 A four lane street, 0.78 mile long, is processed for addition effective February 1 ". Therefore, surety is required for eight -tenths mile and maintenance fee is required for five months. Surety required: 8 x $3,000 = $24,000 Maintenance fee required: 8 x $300 x 5/12 = $1,000 PAVEMENT THICKNESS (STRUCTURE) ADT 400 = 8" 21-B Aggregate 40 Lots with Prime and Double Seal 1000 = 8" 21-B Aggregate 100 Lots 2" BM-25.0 1 '/2" SM-12.5A �-oz1J .O'CS ,OTS Jpl 00 OT S QiOzc x OTS 24 VAC 30-90.380 TABLE 1 - GEOMETRIC DESIGN GUIDE FOR SUBDIVISON STREETS FUNCTIONALLY CLASSIFIED AS LOCAL ENGLISH MEASUREMENTS ROADWAY SECTION CRITERIA ALL UNITS ARE IN SHOULDER 3 DITCH ROADWAYS CURB AND GUTTER ROADWAYS FEET, MPH, OR DEGREES HORIZONTAL & VERTICAL CONTROL RESIDENTIAL NON-RESIDENTIAL Maximum Cut or Fill Slope ■ 2:1 SLOPE OF DRCH AND MINIMUM WIDTH MINIMUM ROADWAY (cc) AND RK3HT-OF•WAY (ROW) WIDTHS SHALL BE BASED ON SLOPES OF SHALL BE BASED ON THE LENGTH OF STREET AND SPECIAL 3:1 TO PROVIDE A WIDTH OF 4 FEET OR REQUIREMENTS REGARDING OFF-STREET PARKING, SEE 24 VAC MORE. 30-90-130 D.3.g. AND 24 VAC 30.90-280 PROJECTED TRAFFIC DESIGN CURVE DATA SIGHT DISTANCE PAVEMENT RIGHT OF SHOULDER WIDTH LENGTH UNDER LENGTH 0.0 MILES LENGTH NOT A FACTOR VOLUME SPEED SUGGESTED MINIMUM WIDTH WAY (MINIMUM) 0.6 MILES OR MORE TERRAIN % GRADE RADIUS DEG. SUPER- STOPPING Q INTER- FILL CUT OR PARKING PARKING PARKING (MPH) (MINIMUM) WIDTH (ADT) (MIN.) (MIN.) MAX ELEVATION SECTIONS (MIN.) W! GR FILL W!0 GR ALLOWED RESTRICTED ALLOWED LEVEL 120 48' 7 UP TO 250 ROLLING 20 .120 48' NONE 10 125 200 18 40 7 4 cc = 28 cc = 30 cc = 24 cc = 30 MOUNTAINOUS 95 60' 16 ROW = 40 ROW = 40 ROW = 40 ROW = 40 LEVEL 110 48' 7 251.400 ROLLING 20 120 46' NONE 10 125 200 20 50 7 4 cc = 28 cc = 30 cc = 24 cc = 30 MOUNTAINOUS 95 60' 16 ROW = 40 ROW = 40 ROW = 40 ROW = 40 LEVEL 7 22 401-1000 ROLLING 25 180 32' NONE 10 150 250 22 50 1 4 cc = 36 cc = 36 WA cc = 38 MOUNTAINOUS 16 20 ROW = 44 ROW = 44 ROW = 46 LEVEL 7 22 1001-2000 ROLLING 30 300 19' NONE 10 200 300 22 50 9 6 cc = 36 cc = 36 WA cc = 38 MOUNTAINOUS 14 20 ROW = 44 ROW = 44 ROW = 46 LEVEL 7 2001.4000 ROLLING 30 300 19' NONE 10 200 300 22 50 9 6 cc = 38 cc = 38 WA cc = 40 MOUNTAINOUS 14 ROW = 46 ROW = 46 ROW = 48 LEVEL 40 535 10.5' RATE = 7 275 400 OVER 4000 ROLLING 40 535 10.5' STD. 9 275 400 24 50 9 6 cc = 40 cc = 40 WA cc = 40 MOUNTAINOUS 30 250 23' CROWN 14 2D0 300 ROW = 48 ROW = 48 ROW = 48 G V Z T�•-u �/ j--7 sh4a..ld 16c sL�we. 'Plan IL Virginia Department of Transportation Staunton District Rev 7/95 page 1 of 2 GENERAL NOTES FOR SUBDIVISION PLANS% VDOT General Notes V1. All work on this project shall conform to the latest editions of the Virginia Department of Transportation (VDOT) Road and Bridge Specifications, and Standards, The Virginia Erosion and Sediment Control Regulations and any other state, federal or local regulations applicable. In the event of conflict between any of these standards, specifications or plans, the most stringent shall govern. V2. All construction shall comply with the latest U.S. Department of Labor Occupational Safety & Health Administration and VOSH Rules & Regulations. V3. When working on VDOT right of way, all traffic control, whether permanent or temporary, shall be in accordance with the current edition of VDOT's work area protection manual. Furthermore, all traffic control flaggers must be certified in accordance with VDOT's January, 1994 (or latest edition of) Road & Bridge Specifications, Section 104.04-C. V4. Design features relating to construction or to regulation, control and safety of traffic may be subject to change as deemed necessary by VDOT. V5. Prior to initiation of work, Contractor shall be responsible for acquiring all necessary VDOT land use permits for any work on VDOT right of way. V6. If required by the local VDOT Residency Office, a preconstruction conference must be arranged and held by the engineer and/or developer with the attendance of the contractor, various County agencies, utility companies and VDOT prior to initiation of work. V7. Contractor shall notify the local VDOT Residency Office when work is to begin or cease for any undetermined length of time. VDOT will also require 48 hours notice for any inspection. V8. The Contractor will be responsible for maintaining adequate access to the project from the adjacent public roadway through construction and maintenance of a construction entrance in accordance with the Virginia Erosion & Sediment Control Handbook,Sec 3.02. Furthermore, access to other properties affected by this project shall be maintained through construction. page 2 of 2 V9. Contractor shall ensure adequate drainage is achieved and maintained on the site during and at the end of construction. V10. All water and sewer lines within existing or proposed VDOT right of way are to have minimum 36" cover and, when possible, to be installed under roadway drainage facilities. V11. Any unusual subsurface conditions encountered during the course of construction shall be immediately brought to the attention of the engineer and VDOT. Work shall cease in that vicinity until an adequate design can be determined by the engineer and approved by VDOT. V12. All undercut areas and borrow material shall be inspected and approved by VDOT Inspector prior to placement of fill. V13. All roadway fill, base, subsurface material and backfill of utility/storm sewer trenches shall be compacted in 6" lifts to 955. of theoretical maximum density as determined by AASHTO T-99 Method A, within plus or minus 20 of optimum moisture for the full width of any dedicated street right-of-way. At the direction of VDOT Inspector density tests performed by a qualified independent agency shall be conducted as required in the VDOT Road and Bridge Specifications. A copy of all tests shall be submitted to VDOT prior to final VDOT approval. V14. VDOT Standard CD and UD underdrains shall be installed where indicated on these plans and further where determined necessary by VDOT Inspector. V15. The installation of any entrances and mailboxes within any dedicated street right-of-way shall meet VDOT minimum design standards and is the developer's responsibility. V16. If required by the local VDOT Residency Office, copies of all invoices for materials within any dedicated street right-of-way must be provided to the VDOT Inspector prior to acceptance of work. Unit and total prices may be obscured. V17. Prior to acceptance by VDOT of any streets, any required street signage and/or pavement markings must be installed by the developer or, at VDOT's discretion, by VDOT on an account receivable basis. Virginia Department of transportation Staunton District Rev. 7/ 9 5 page 1 of 8 SUBDIVISION CHECKLIST Subdivision Name/Phase Nearest State Route No. County Town Plan Date Latest Revision Date Submittal Date Submittal # (1st,2nd) Designer The following items should be shown or addressed in subdivision roadway plans submitted to VDOT for approval. Check appropriate blank next to each item, sign last page and submit checklist with plans. Right blank is for VDOT use only. A. GENERAL Y N N/A VDOT 1. 3 copies submittal letter attached outlining proposed development & discussing any waivers or modifications from VDOT Stds either being requested or previously agreed to. _ 2. 3 copies of traffic study and drainage, pavement & typical road section design calculations. Bound, pages numbered, no loose pages, table of contents. May combine in 1 report. 3. 5 copies of plans (if rolled, please have print facing out) _ 4. All plans are to be in accordance with VDOT's Subdivision Street Requirements, Road & Bridge Standards, Road & Bridge Specifications, Minimum Standards of Entrances to State Highways, Road Design Manual, L & D Instructional and Informational Memoranda, Drainage Manual and other applicable VDOT and Federal polices. 5. Plans should be self-explanatory with sufficient notes to explain the intent or purpose of the design. 6. Title Sheet 7. Subdivision name, phase, owner w/ address and phone # 8. Designer with address, phone #, and professional stamp 9. Tax Map #, Magisterial District, County, City or Town 10. Master Plan (show which roads built, which roads in system 11. Plat,if available_, showing rights -of -way, lots & easements Y N N/A VDOT page 2 of 8 12. Type of development,i.e. indust.,single-family residential 13. Current and proposed zoning of property & adjacent parcels 14. Location map with scale 15. General Notes including required VDOT general notes 16. Date, revision dates 17. Sheet Index with all sheets numbered and dated 18. All lines and symbols clear & labeled; all text legible 19. Existing vs. proposed items easily distinguishable 20. Plans must clearly indicate which roads are to be built for acceptance into VDOT's Secondary System of Highways. B. REVISIONS 1. Letter from designer must accompany revised plans submitted to VDOT for re-evaluation describing changes made on revised plans & dates of old & revised plans. Letter should discuss any items that were not changed as requested & mod- ifications that were made due to request of other agencies. 2. Mark changed items with highlighter on 2 of the 5 sets. Large revised areas need only be circled with a highlighter C. TRAFFIC ANALYSIS 1. Must be included with all subdivisions submitted. 2. Minimum analysis includes projected traffic count, with supporting computations (10 trips/day for single-family or per ITE's Trip Generation), for each street between intersections. Where roads can be extended in the future, analysis must consider ultimate proposed traffic. _ 3. Developer responsible for supplying sufficient information to support design shown. 4. Detailed plans and studies may be required that address: * traffic analysis of existing and proposed conditions * intersection analysis_ including need for signalization/ channelization/turn lanes & modification to exist.signals * proposed roadway improvements to accommodate traffic generated by proposed development D. PLAN SHEETS page 3 of 8 Y N N/A VDOT 1. North arrow, scale 2. Match lines clearly keyed to adjoining sheets w/ stations 3. Limits of subdivision, limits of each phase 4. Both edges of pavement (EP), shoulder width, and right-of- way (R/W) of connecting or adjacent streets along entire development plus 200' minimum each way. Show existing road spot elevations of both EP's and centerline @ 25' intervals near connection. Pavement design of existing streets. 5. Existing crossovers, entrances, utilities, storm sewers, etc. that may be affected by proposed development. G. Street names and state route numbers 7. Distance reference (to 0.01 mile) to nearest intersection 8. Centerline * stationed w/ 50' ticks, 100' or 500' labels * stations of begin/end, intersections,PC,PI,PT * curve data 9. Proposed EP, curb, and R/W lines and construction limits 10. Intersection sight distances, especially at connection to existing state route (field measure w/ target 10' off EP) 11. Posted speed limit of existing adjacent roads 12. Lengths of turn lanes and tapers 13. EP and R/W radii for cul-de-sac and flares (fillets) 14. Lots: * lot lines and numbers * entrances per Standard PE-1 or CG-9 * entrance pipe size, type & length (can show in schedule) _ 15. Preliminary guardrail design, where needed, shown with lengths & terminals per VDOT standards. Final approval of layout to be given by VDOT's Traffic Engineering Section after grading is mostly complete. 16. Relevant on -site & off -site topographic features/structures 18. All exist. and prop. drainage facilities (See I. DRAINAGE) 17. All existing and proposed utilities (See R. UTILITIES) E. TYPICAL ROAD SECTIONS page 4 of 8 Y N N/A VDOT 1. Road and stations to which each applies 2. Proposed traffic count and design speed for each street (can be shown in a schedule) 3. Centerline and R/W width 4. Width & slope of pavement, shoulder, ditch,etc;type shoulder 5. Curb type, sidewalk, utility strip, etc., if applicable 6. Cut and fill slopes 7. Pavement design in accordance with VDOT's: Subdivision Street Requirements or Pavement Design Guide for Subdivision & Secondary Roads in Virginia (Minimum design for any road is 8" 21-B Aggregate with Prime & Double Seal. Minimum design for any road with curb & gutter is 8" 21-B with 2" SM-2A Asphalt Concrete.) 8. Show types, depths and application rates of all pavement and aggregate layers and prime coats. 9. All aggregate layers are to extend 1' beyond EP/back of curb. F. OTHER TYPICAL SECTIONS/DETAILS 1. Where each applies 2. Pavement widening or overlays of existing roads; cross overs 3. Special ditches: show shape, depth, slope, lining, min/max grade. If paved, show details or VDOT Standard. 4. Entrances (internal, commercial or private) 5. Special undercut or fill measures for unsuitable material, existing ponds, sinkholes, controlled fill, etc. 6. Special drainage designs, structures, basins, berms, etc. 7. Details of all items that are not a VDOT standard or are a modification of a VDOT standard item. 8. Cross sections of road, drainage, or other proposed construction may be required at areas of concern such as at connections to primary roads, when work is close to exterior property lines, at other constricted areas, etc. Y N N/A VDOT G. ROAD PROFILES page 5 of 8 1. Street name _ 2. Horizontal and vertical scale and grid 3. Existing ground line (extended 100' minimum beyond slope tie-in) _ 4. Proposed finished grade line _ _ 5. Percent grade, vertical curve data including K value (=L/A) 6. Stations and elevations at begin/end, 50' min. intervals, high & low points, PVC, PVI (CG), PVT, @ intersecting roads EP's and centerline (include super), & at sub. phase limits 7. Provide adequate landing 8. Intersection sight distances: eye = 3.51, object = 4.25' _ 9. Stopping sight distance(crest curves): eye=3.51,object=0.5' _ 10. Culverts: size, type, invert, pipe number 11. Storm sewer profiles and drainage structures (within R/W) _ 12. Ditch profile (where non-standard) _ 13. Water lines, sanitary sewer, and existing underground utilities 14. Special undercut or fill areas H. OTHER PROFILES 1. Special ditches, storm sewers, outfalls - extend ground line 100' minimum beyond tie-in _ 2. Entrances needing special attention,i.e. steep, constricted. (Tie proposed grade to edge of shoulder, not EP). I. DRAINAGE (shown on plan & profile sheet, page 6 of 8 Y N N/A VDOT supplemental or detail sheets) 1. Contour plan of entire development and adjacent area * every 5th contour highlighted & elevation clearly labeled * minimum contour interval usually two feet * shown on road plans or as separate sheet showing entire drainage system design * stationed centerline and r/w lines shown * drainage sub -areas outlined, labeled and areas shown * showing topographic features, existing buildings, etc. 2. Existing and relocated streams and drainage ways. 3. Existing and proposed pipes, storm sewers, and drainage structures with location, size, type, lengths, inverts, design cover, and flow arrows. 4. Proposed ditches (center of all shown graphically accurate by either flow arrows, finished contours, lining symbols or other methods). Show where linings begin and end. 5. Std CD-1 underdrains @ all sags and other appropriate spots 6. Storm sewer system w/ VDOT standard structures. Show top, rim, height, grate & invert elevations and throat lengths. 7. Plan, profile and typical section of all ditches other than standard roadside ditches. 8. Proposed drainage easements to natural watercourses (usually 20' minimum width). 9. Existing drainage facilitie.s possibly affected by proposed development: location, size, inverts, etc. 10. Erosion & sediment control measures 11. Stormwater management plans and computations, where necessary Y N N/A VDOT — — — — 1 2. 3. 4. 5. 6. 7. 8. 9. J. DRAINAGE COMPUTATIONS page 7 of 8 Should be self-explanatory. See A.2. Subdivision name, date, author, professional stamp In accordance with VDOT's current criteria including VDOT's Drainage Manual. Discuss any methods or references used that are not generally used by VDOT. Sufficient background, supporting information and summary of any computer printouts submitted. Copy of USGS Topo map showing drainage patterns of area. Discuss whether future sections are considered in design. Hydrology: drainage subareas to agree with contour plan, design discharge calculations,pre & post -development flows. Hydraulics: Pipe, ditch, storm sewer & inlet computations. Outfall analysis (Evaluation of receiving channel/structure) K. UTILITIES — 1. Show all existing underground and overhead utilities and easements, proposed water and sanitary mains, service laterals, types, sizes, and appurtenances. — 2. Utilities should be located off R/W, where possible. — 3. Utilities should be located out of pavement,where possible. — 4. Adjustment of existing utilities, where needed. 5. Proposed utility crossings of existing roads: show location, alignment,size, type, encasements, lengths,crossing methods. 6. Route utilities under culverts where possible. 7. Set fire hydrants at R/W on lot lines, where possible. 8. Set manholes, valves, etc. in shoulder, utility strip or behind sidewalk, where possible. 9. Set street lights at right-of-way line, outside clear zone. 10. Check for conflicts between utilities, road and drainage. L. TEMPORARY CULDESACS / ROADS TO BE EXTENDED page 8 of 8 Y N N/A VDOT 1. Traffic study must address ultimate projected traffic. If master plan of future area to be served is unavailable, give information on & discuss acreage, access & zoning of adja- cent land. Discuss any County Comprehensive Plan available. 2. Indicate pavement design. 3. Provide adequate temporary easement 4. On profile, extend existing ground line and future grade line enough to show a satisfactory extension is possible. M. CURB & GUTTER STREETS 1. Show street widths and radii to face of curb 2. Show entrance type 3. Show Std CG-121s @ intersections & other req'd. locations. 4. Tie standard CD-1 underdrains into drop inlets 5. Intersection and cul-de-sac details are usually needed to show: type of intersection (i.e. CG-11), how drainage is handled, top of curb and EP elevations around radii, etc. 6. Provide necessary drainage computations N. MISCELLANEOUS 1. If subdivision identification sign is desired, provide for in easement off of right of way 2. If any special use of R/W is desired such as bike paths, landscaping, irrigation system, lighting, parking,retaining walls, etc., provide full details and technical specs. These may need to be shown on separate plan sheets. 3. Details of any special entrance road design, i.e. one way, islands, medians, etc.. Details of cluster mailbox pulloffs I hereby certify that the above stated information is included in the submitted plans and attachments. Designer's Signature: Date: SRD VIM 1 -) Rural Additions Some public streets may qualify for addition to the secondary system of state highways, and subsequent improvement, as a rural addition. Such roads must be formally added to the system prior to improvements. State law prohibits expenditures of funds administered by the Department on roads that are not in the system. Requirements for rural additions are determined by the authority under which the addition is proposed. The Eligibility Guide identifies requirements according to (a) the CTB's Rural Addition Policy (RAP) and (b) §33.1-72.1, Code of Virginia. In some cases, either authority may be valid. Rural addition improvements must meet the minimum standards established in the RAP, whether added under authority of the RAP or §33.1-72.1, Code of Virginia. Improvements may exceed those standards, provided the cost in excess of that for the prescribed minimum is funded by sources other than those administered by the Department. The BOS must assure and provide such resources at the time the addition is requested. A formal agreement(s) with the county is required if a stormwater management facility receives runoff from the road and/or the road crosses an impoundment dam and/or extrinsic structure. The agreement(s) must be in force before the road is accepted as part of the system. The guide agreements in the section for new subdivision streets are appropriate. Right of Way and Utilities Rural addition funds administered by the Department are reserved for construction and engineering costs only. Costs for providing a clear, unencumbered right of way and any relocations of utilities, mail boxes, etc., are not eligible expenses covered by rural addition funds administered by the Department. Ineligible costs must be borne by others and assured by the county. Speculative Interests If property abutting a proposed rural addition is owned by speculative interests, its addition is not eligible under the authority of the CTB's Rural Addition Policy . However, proposed additions that serve speculative interest property may qualify for addition under § 33.1-72.1, Code of Virginia. Speculative interests are assessed a pro rata share of the improvement costs, pursuant to §33.1-72.1, which share must be assured and provided by the county. Management Aids Management aids in this section include: o Reprint of the Commonwealth Transportation Board's Rural Addition Policy. o Procedures to Address Speculative Interest & Pro Rata Participation and County/VDOT,Cost Sharing for Rural Additions Pursuant to RAP/§33.1-72.1, Code of Virginia. o VDOT Funding Chart for Rural Additions. o Sample Resolutions R2 through R8, specific to the authority for the addition and other factors. ly Page 35 SRD 211193 RURAL ADDITION POLICY (Adopted 2118188 by the Commonwealth Transportation Board, Transcribed 913192) 1. Rural additions to the Secondary System of State Highways will be considered when requested by resolution of the Boards of Supervisors of the several counties where the proposed roads provide sufficient public service to warrant the expenditure of highway funds for maintenance and improvement thereof; provided, however, that a minimum 40' unrestricted right of way plus additional widths for cuts and fills where necessary, along with adequate drainage easements, are established and recorded in the deed books of the county at no cost to the Commonwealth; except that a lesser right of way width, but not less than 30', may be considered where buildings or permanent structures (not including fences) were in place prior to December 31, 1961 (date of the Transportation Board's policy on right of way for the Secondary System). Further, the resolution of the Board of Supervisors shall specifically guarantee the necessary right of way and easements for the proposed road addition. Where a county has a policy requiring greater widths of right of way, its policy becomes the policy of the Commonwealth Transportation Board in that county. 2. Rural additions to the Secondary System will be limited during any one fiscal year to not more than 1 % % of each county's Secondary mileage at the end of the preceding calendar year, provided that the total mileage added to the system can be improved to a minimum standard for rural roads as established by the Department of Transportation with a maximum expenditure of not more than a sum equal to 5% of the allocation of construction funds for use on the Secondary System in such county. 3. Streets within subdivisions developed prior to July 1, 1949, may be considered as rural additions in accordance with Sections 1 and 2 aforementioned, provided that neither the original developer, developers, nor successor developers retain speculative interest in property abutting such streets. Ownership or partnership in two or more parcels, or equivalent frontage, abutting such streets shall constitute a speculative interest for the purposes of this policy. The Board of Supervisors requesting the addition of such subdivision streets meeting the requirements of Sections 1 and 2 shall submit with its resolution of request a certified copy of a plat of the area involved indicating street right of way, drainage easements, and place of recordation of the plat, including a detailed listing of the lot ownership at the time of submission. 4. The addition of streets in subdivisions developed subsequent to July 1, 1949, and prior to the adoption of a subdivision control ordinance in the county, the street requirements of which are equal to or greater than the requirements of the Department of Transportation for subdivision streets, or prior to November 15, 1959, (date of revised the Transportation Board's general policy on subdivision additions), whichever occurred first, may be considered under Sections 1 and 2 aforementioned provided all of the following are complied with: a. The county has passed a subdivision control ordinance having street requirements meeting or exceeding the Department of Transportation's Subdivision Street Requirements. Page 36 SR:) 2/1/93 b. Neither the original developer, developers, nor successor developers retain a speculative interest in property abutting such streets. Ownership or partnership in two or more parcels, or equivalent frontage, abutting such streets shall constitute a speculative interest for the purposes of this policy. C. One-half of the Department of Transportation's estimate of cost of developing the streets to minimum rural standards as established by the Department of Transportation is donated through'the county. d. A certified copy of the plat indicating street right of way, drainage easements, and place of recordation and a detailed record of lot ownership, along with the required donation, shall be furnished with the submission of the resolution requesting the addition. 5. Where a county policy requires that a rural addition meeting the requirements of Section 1 be graded, drained, and surfaced to minimum standards for rural additions as established by the Department of Transportation or where this work has been accomplished by the property owners living thereon prior to recommendation for acceptance into the .Secondary System, consideration may be given to the waiving of the mileage requirements. However, no consideration may be given to the waiving of the monetary limitations as set forth in Section 2 above, except with the express permission of the Commonwealth Transportation Commissioner. 6. The Commonwealth'Transportation Commissioner, through the Deputy Commissioner and Chief Engineer, is directed to set up standards and administrative procedures to see that the provisions of this policy are adhered to and complied with. 7. All portions of the general policy for acceptance of subdivision streets into the Secondary System of State Highways, as approved by this Board on October 29, 1959 and subsequent revisions, in conflict with this policy are rescinded only to the extent of such conflict; and fi. The Boards of Supervisors of the several counties are urgently requested to instruct their appointed viewers or road engineer to give careful consideration to the public necessity for any requested addition, and to carefully weigh the need for the addition against other road needs in the county, so that the program of improving existing secondary roads not be hindered by expenditures of available funds upon roads of questionable public service. [Continued ... Minimum standards for new rural additions follows] Page 37 SRO 2/1/93 MINIMUM STANDARDS FOR NEW RURAL ADDITIONS TO SECONDARY SYSTEM r February 18, 1988 For anticipated traffic volume five years hence of: 1. Not more than 10 vpd 22' roadway - 14' lightsurface 2. 10 vpd to 25 vpd 22' roadway - 16' all-weather surface 3. 25 vpd to 50 vpd 24' roadway - 16' all-weather surface 4. 50 vpd to 100 vpd 24' roadway - 16' hardsurface 5. Over 100 vpd Roadway width, base, and surface in accordance with criteria set forth in the Department's Geometric Design Standards/Rural Local Road System for the applicable terrain classification and anticipated traffic volume. 6. Grades and alignment for any Rural Addition shall not be less [stringent) than the minimums as set forth in the Geometric Design Standards/Rural Local Road System for the applicable terrain classification and anticipated traffic t. volume. 7. Any bridge located on a rural addition shall be constructed to the applicable width and capacity as set forth in the Geometric Design Standards/Rural Road System for the anticipated traffic volume. 8. Deviations from the above shall be fully justified and approved by the Secondary Roads Engineer. Pape 38 Procedures to Address Speculative Interest, Pro Rata Participation and County/VDOT Cost Sharing For Rural Additions Under Either CTB-RAP or Sec. 33.1-72.1 The BOS determines if speculative interest exists If it does not exist, I I If it exists, Additons may be considered under either Sec. 33.1-72.1(C or D) or the CTB's Rural Addition Policy. VDOT determines & provides the cost estimate for the addition. Is addition proposed under Sec. 33.1-72.1? No Yes Additions having speculative interests are ineligible under CTB's Rural Addition Policy. Pursuant to subsection E, the BOS determines the percentage of cost to be bome by Speculative Interests. VDOT determines & provides the cost estimate fcr the addition. BOS secc..,res payment of speculative interest's pro rata participation. VDOTs cost estimate, less any pro rata pa-ticipation by speculative interests, becomes the basis for determining cost (i) to be shared between the county and the Rural Addition Funds under Sec. 33.1-72.1(0), (ii) the amount to be bome entirely by Rural Addition Funds under Sec. 33.1-72.1(D) or (iii) to be shared or bome entirely by Rural Addition Funds as appropriate, for additions under the CTB's Rural Addition Poli Page 39 Expenditure of VDOT Rural Addition Funds Cost Participation Guide for Improvements of Additions to Prescribed Standards Maximum VDOT Pa.-ticipation Under Code of Virginia/CTH Policy PERIOD STREET WAS ESTABLISHED 33.1-72.1 (C) 33.1-72.1 (D) RAP(33.1-229) SSR(33.1-229) 33.1-79 33.1-82 Prior to 7/1/49 5004 1000/10 100% Oro a,b a,b b Between 7/1/49 & 11/15,159 and 50% 100% I 50% 00/ Prior to VDOT approval of County SCO a,b a,b a,b,c Between 7/1/49 & 11/15/59 and 5cro", 100% NA 0% After VDOT approval of County SCO a,b a,b Between 11 /15/59 & 7/1 /821- 50% 100% » 0% a,b a,b After 7/1 /&?8 5, NA NA NA 0% GENERAL NOTES 1. For the purposes of this guide, a subdivision control ordinance (SCO) is defined as a county's current subdivision ordinance that requires streets be developed in accordance with VDOT-s Subdivision Street Requirement$, thereby qualifying the SOS to recommend additions to the secondary system of state highways pursuant to Section 33.1-72.1, Code of Virginia. 2. Addition improvements funded from the Revenue Sharing Program (Sec. 33.1-75.1, Code of Virginia) are restricted to subdivision streets eligible for addition under Sec. 33.1-72.1, Code of Virginia, 3. Additions involving speculative interest may be considered under the provisions of Sec. 33.1-72.1(E). The percentages shown above apply to tie VDOT cost estimate for the improvement after deducting required pro rata participation by developer(s). 4. Costs involved with right-of-way acquisition, relocations of utilities, fences, etc. are ineligible costs, not covered by VDOT rural addition funds. Such costs are to be bome by others. FOOTNOTES: The following restrictions apply when noted above: a. County's current SCO has been approved by VDOT. b. Neither the original developer, developers, nor subsequent developers retain a speculative interest in property abutting the.addition. c. ' Additions limited to streets resulting from the subdivision of land. Page 41 SRO 2/1/93 R2 RAP Addition (Established before 7/1/49 but not by a subdivision of land) �\ The Board of Supervisors of on the day of 19 RESOLUTION County, in regular meeting adopted the following: WHEREAS, the street described below was established prior to July 1, 1949, has provided continuous public service since its establishment, and is now deemed to provide sufficient public service to warrant its addition as part of the secondary system of state highways, (Note: Use one paragraph for each applicable situation cited in the following Y,hareas' provision. Delete the following paragraphs) when not applicable.] * e WHEREAS, the County and the Virginia Department of Transportation entered into an agreement on (date) for (comprehensive stormwater detention) (stormwater detention in Subdivision) (the crossing of one or more extrinsic structures) (the crossing of a dam) which applies to this request for addition, NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia and the Rural Addition Policy of the Virginia Department of Transportation: Name of Street: From: To: Guaranteed Right -of -Way Width Plat Recorded, Date: feet. Length: miles Deed Book: Page: BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve the street to prescribed minimum standards, pursuant to the rural addition policy of the Commonwealth Transportation Board. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: A Copy Teste: (Name), (Title) • • The administrative note and the 'Whereas' paragraph which follows applies to Resolutions R2 through R8. For simplicity, it is shown only on R2 and referenced on R3-R8. 10-11 f Page 42 SRC 2/1/93 R3 R-4P Addition (Established by a subdivision of land before 7/1/49) lS#s footnote ' • on sample resolution R2.1 The Board of Supervisors of on the day of , 19 RESOLUTION County, in regular meeting adopted the following: 1NNEREAS, the street described below was established prior to July 1, 1949, has provided continuous public service since its establishment, and is now deemed to provide sufficient public service to warrant addition to the secondary system of state highways, and VJ'riEREAS, after examining the ownership of all property abutting this street, for which a plat and detailed listing of ownership is anached,-this Board finds that speculative interest does not exist, NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia and the Rural Addition Policy of the Virginia Department of Transportation: Name of Subdivision: Name of Street: From: To: Guaranteed Right -of -Way Width Plat Recorded, Date: feet. Length: Deed Book: Page: miles BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve the street to prescribed minimum standards, pursuant to the rural addition policy of the Commonwealth Transportation Board. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: _ Seconded By: Yeas: Nays: A Copy Teste: (Name), (Title) Page 43 SRO 211193 R4 RAP ADDITION (Eligible subdivision streets establisbed 7/1/49 to 11115159) (— (See footnote •*on sample resolution R2.1 The Board of Supervisors of County, in regular meeting on the day of 19 , adopted the following: RESOLUTION WHEREAS, the street described below was the result of a subdivision of land made prior November 15, 1959 and prior to this county's adoption of a subdivision control ordinance subsequently approved by the Virginia Department of Transporation, and WHEREAS, the Virginia Department of Transportation has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to §33.1-72.1, Code of Virginia, and WHEREAS, the street has provided continuous public service since its establishment, and is now deemed to provide sufficient public service to warrant addition as part .of the secondary system of state highways, and WHEREAS, after examining the ownership of all property abutting this street, for which a plat and detailed listing of ownership is attached, this Board finds that speculative interest does not exist, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia and the Rural Addition Policy of the Virginia Department of Transportation: Name of Subdivision: Name of Street: Length: miles From: To: Guaranteed Right -of -Way Width: feet. Plat Recorded, Date: Deed Book: Page: BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve the street to prescribed minimum standards, pursuant to the rural addition policy of the Commonwealth Transportation Board,and BE IT FURTHER RESOLVED, that a certified copy of this resolution and county check in the amount of $ , representing 50% of the Department's cost estimate of $ to improve the street, be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: _ Seconded By: Yeas: Nays: A Copy Teste: (Name), (Title) Page 44 SRD 2/1193 R5 Rural Addition per §33.1-72.1(D) - No Speculative Interest Involved (Sae footnote •. on sample resolution R2.1 The Board of Supervisors of County, in regular meeting on the day of 19 , adopted the following: RESOLUTION WHEREAS, the street described below was established currently serves at least 3 families per mile, and and WHEREAS, the Virginia Department of Transportation has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to §33.1-72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist, NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to §33.1-72.1(D), Code of Virginia: Name of Street: Length: miles From: To: Guaranteed Right -of -Way Width: feet. Plat Recorded, Date: Deed Book: Page: BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements pursuant to §33.1-72.1(D), Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: A Copy Teste: (Name), (Title) Page 45 SRD 211f93 R6 Rural Addition per §33.1-72.1(D) - Speculative Interest Involved [See footnote • • on sample resolution R2.1 The Board of Supervisors of County, in regular meeting on the day of 19 , adopted the following: RESOLUTION WHEREAS, the street described below was established and currently serves at least 3 families per mile, and WHEREAS, the Virginia Department of Transportation has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to 133.1-72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does exist and deems that extenuating circumstances also exist to warrant this addition, and WHEREAS, this Board has determined that the pro rata share of speculative interests is the sum of $ , as prescribed by §33.1-72.1(E), Code of Virginia, and based on the Department's cost estimate of $ for improvement of the street, and NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to §33.1-72.1(D), Code of Virginia: Name of Street: Length: miles From: To: Guaranteed Right -of -Way Width: feet. Plat Recorded, Date: Deed Book: Page: BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements pursuant to 133.1-72.1(D and E), Code of Virginia, BE IT FURTHER RESOLVED, that a certified copy of this resolution and a county check in the amount of $ 1 , representing the pro rata share of speculative interests, be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: _ Seconded By: Yeas: Nays: A Copy Teste: (Name), (Title) Page 46 SRD 2/1/93 R7 Rural Addition per §33.1-72.1(C) - No Speculative Interest Involved (Sea footnote •• on sample resolution R2.1 The Board of Supervisors of County, in regular meeting on the day of , 19 , adopted the following: RESOLUTION WHEREAS, the street described below was established currently serves at least 3 families per mile, and and WHEREAS, the Virginia Department of Transportation has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to §33.1-72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does not exist, NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to §33.1-72.1(C), Code of Virginia: Name of Street: From: To: Guaranteed Right -of -Way Width: feet. Plat Recorded, Date: Length: miles Deed Book: Page: BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed. minimum standards, funding said improvements pursuant to §33.1-72.1(C), Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution and county check in the amount of $ , representing 50% of the Department's cost estimate of $ to improve the street, be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: Seconded By: Yeas: Nays: A Copy Teste: (Name), (Title) Page 47 SRD 2/1/93 R8 Rural Addition per §33.1-72.1(C) - Speculative Interest Involved ISee footnote ' • on sample resolution R2.1 The Board of Supervisors of County, in regular meeting on the day of , 19—,.adopted the following: RESOLUTION WHEREAS, the street described below was established and currently serves at least 3 families per mile, and WHEREAS, the Virginia Department of Transportation has deemed this county's current subdivision control ordinance meets all necessary requirements to qualify this county to recommend additions to the secondary system of state highways, pursuant to 133.1-72.1, Code of Virginia, and WHEREAS, after examining the ownership of all property abutting this street, this Board finds that speculative interest does exist and deems that extenuating circumstances also exist to warrant this addition, and WHEREAS, based on the Department's cost estimate of $ for improvement of the street, this Board has determined, as prescribed by §33.1-72.1(E), Code of Virginia, that the pro rata share of speculative interests is $ , and NOW, THEREFORE, BE IT RESOLVED, this Board requests the following street be added to the secondary system of state highways, pursuant to 133.1-72.1(C), Code of Virginia: Name of Street: Length: miles From: To: Guaranteed Right -of -Way Width: feet. Plat Recorded, Date: Deed Book: Page: BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage, and BE IT FURTHER RESOLVED, this Board requests the Virginia Department of Transportation to improve said street to the prescribed minimum standards, funding said improvements pursuant to §33.1-72.1IC and E), Code of Virginia, and BE IT FURTHER RESOLVED, that a certified copy of this resolution and county check in the amount of $ , representing the pro rata share of speculative interests stated above plus 50% of the balance of Department's cost estimate to improve the street after deducting that prorata share, be forwarded to the Resident Engineer of the Virginia Department of Transportation. Recorded Vote Moved By: _ Seconded By: . Yeas: Nays: A Copy Teste: Name), (Title) ri Page 48 THIS DEED. OF CORRECTION,OF LOT 30 AND CONSOLIDATION OF.LOTS,: l2 -AtvD..13 OF OPEQUON:-P.IDGE: SUBDIVISION, 'made ; phis day of 1983,- .b�e.tween-' Fred* L. Glaize, hII and .;Ann.W. ' , onepart, the GrantorGlaize,. his_wife.of :the. and Roy .A: Cunningham, Jr.., and Alice C.: Cunningham, his, .wife; the other ,part., hereinafter -'called: the Grantees 'jTEiEREAS. the: Grantors are .the . owners of Lots :12 .and -13; of; 'Opequoh Ridge. -Subdivision`, ,Sectional; . and,: WHEREAS.,-: the: Qrantees.'are' ',ovm.ers of Lot. `30 of Opequon Ridge Subdivision,.Section. 2:; and,' WHEREAS,"rLots 13 :and:30 ,were incorrectly described by the - plat placed of record in_ the Cheik's Office. -of the Circuit ',Court of...Frederick County, Virginia .'in. Deed Book 46:8, :beginning at Page: '. 601 and;. _ T7HEREAS,.` the. corrected , description- results - in Lot 13 being, less. than three .,acres; ` and:, MEREAS the..Grantors desire to merge the property describ:ed� as Lots 1 and 13 into'one 'lot to'be hereafter known p- Lot 12 containing, 5 03 Acres ; ari do further" `desire to recoii-ey to the Grantees-. herein Lot 30,E as ;described' on::. the revised plat- attached , hereto. NOW; THEREFORE', WITNESSETH'` That .for, _and -in. consideration of 'the sum of ..;T'en ;Dollars: ($10.00)' .casi. in hand` paid and 'other - valuable: '.cons,ideration, .. receipt whereof _ is . hereby -acknowledged, the -Grantors :do .grant'. and convey, with 'General : iarranty and with - English Covenants -.of:Title,'unto the Grantees, as`.tenants by the:• entirety; in fee::simple, with. Survivorship as at ccimrion- law, together with all rights; :rights of way,. privilege"s; and appurten- HARMS.ON &.JOHN5TO:.N ,-: 8nces ' thereto •b.elonging, =,',all ,-thatcertain to-tof:, land', --containing-. ATTORNEYS AT LAW. 6YINCH E5TE R, VIRGINIA'' C 22'2 Acre,s.;. more. or,:,less, .located in Stonewall Magisterial. i N 21 22 N 830 50' 28" W 60 _�- - 350.00' 235.42 3 ""*, S 34 s Fc Fc \ 5 36 513.1 1' \ N 6�0 54' �0„ 36051 K / ' G� N 650 38' 34" E �. 26 N_ 25 24 156.48' M m 0) N W \ (D 5,029 AC. �Io 5.245 AC.:�,. 23 IV %0° I M10 6 C' 7.3 1 1 AC. 3! 03, o i� 0�`9 27 �D�j/ 4g3.52 o �s N �Q 47 N 32° 05' 54 W z 230.01 �0h 210.96 '— 524.79 \ 461 19' 6.358 AC. 3 I ,171_ 36' _. 20 S 860 21 47 E - 1423,96' \}�\3 I 0�00, N 080 12' 28" E - 143.75' LAND Sg9° o� STILLWELL s >' ,,�l 0 3,9 E c° LO 29 _ iw 30 ,CD j� m1n Q CO P; SFcc o - 5.222 AC. oo Q SUBDIVISION APPROVED i 0 J �-- z DATE S UBDIVISION ADMINISTRATOR —� r LIJ 3� 3>'0 �_ J ` 486 20'911 i o ca J � `� 12 / ° —7 FINAL PLAT I I N f— for the revision of /7!/N 20" 06' 01" E r6�9� 0� �O � 5.803 A C. / 0 �<<a Lots 12-and,13 Section 1 n / cv & N Lots 23, 24, 25, 30 and 31 Section 2 • � Z OPEDZUON RIDGE ; OUT Stonewall District, Frederick County, Virginia RE s 790 IS' 05" E 660 1" = 300' January 25, 1983 .28 S 610 28' 00" E - 13.97'' NOTE: Lot 13 - Section 1 has been joined with Lot 12 to form one Lot to be designated Lot 12 - Section 1. CURVE TABLE CURVE DELTA RADIUS ARC TAN CHORD 1 17-50'05^ 508.00 158.13 ?9.71 S70023'03"E - 157.49 C2 -1 10055'20^ 11015.96 193.67 97.13 S73-5o'25"E - 193.38 u �S HOC F1L Q. } (LICENSE) No. +� 1271 `-0 VD SURVOO HARRISON n JOHNSiON ATTORNEYS AT LAY! Y�INGliCSiER, VIRGINIA THIS ADDENDUM TO DEED OF DEDICATION OF SECTION 2 OF OPEQUOI•' RIDGE SUBDIVISION, made this ,_D,3'f day of February, 1983, by Fred L. Glaize, III and Ann W. Glaize, his wife, of the first part, I hereinafter called Glaize; Roy A. Cunningham, Jr. and Alice C. Cunningham, his wife, James L. Walker and Carol M. Walker, his wife, Thomas S. Duvall and Norma K. Duvall, his wife, James T. Vickers and James R. Nichols, t/a J & J Construction, William S. Franklin and Donna L. Franklin, his wife, Robert J. Cornette and Mary M. Cornette, his wife, Francis P. Sosnoski and Theresa M. Sosnoski, his wife, Gordon C. Bristol and Joan B. Bristol, his wife, and Walter T. Morrey and Lorraine S. Morrey, his wife, of the second part, hereinafter collectively called the Owners; Bank of Virginia, of the third part, hereinafter called Third Party; David J. Andr6, Sole Acting Trustee, of the fourth part, herein- after called Fourth Party; Commercial and Savings Bank, of the i fifth part, hereinafter called Fifth Party; H. K. Benham, III, Sole Acting Trustee, of the sixth part, hereinafter called the Sixth Party; First Virginia Bank of Frederick County, of the seventh part, hereinafter called the Seventh Party; Thomas Throckmorton, Sole Acting Trustee, of the eighth 'part, herein- after called the Eighth Party; Farmers and Merchants National Bank, of the ninth part, hereinafter called the Ninth Party; Stephen G. Butler, Sole Acting Trustee, of the tenth part, here- inafter called the Tenth Party; Valley Mortgage and Investment Corporation, of the eleventh part, hereinafter called the Eleventh Party; William PT. Mote, Sole Acting Trustee, of the twelfth part, hereinafter called the Twelfth Party; George G. Snarr, Jr., Sole Acting Trustee, of the thirteenth part, hereinafter called the Thirteenth Party; Fred L. Glaize, III, of the fourteenth part, hereinafter called Fourteenth Party, and Shenandoah Valley Nationil i i I Bank, of the fifteenth part, hereinafter called Fifteenth Party. WHEREAS, Glaize and the Owners are the owners of all lots cf Section 2 of Opequon Ridge Subdivision as described by a survey of J. R. :,Iicely, C.L.S., recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 468, beginning at Page 601; and, WHEREAS, Thomas A. Shockey has re -surveyed Section 2 of Opequon Ridge Subdivision, which survey reveals an error in the original survey of Lots 23, 24, 25, 30 and 31 as to its boundar,- lines with the Stillwell land and with the Opequon Creek; and, WHEREAS, the corrected plat of survey results in each of said lots being slightly less in acreage; and, WHEREAS, the owners of the affected lots, being Cunningham, Walker and Glaize, have agreed to adjust their lot lines so as to result in the acreage of Lots 24, 25, 30 and 31 being the same as set forth on the original plat of survey of said lots, but with Lot 23 being reduced to 7.311 Acres; and, 1-7HEREAS, some of the lots in Opequon Ridge Subdivision, Section 2, are subject to deeds of trust, the Beneficiaries and Sole Acting Trustees of which are set forth hereinbelow and do join in this instrument for the purpose of consenting to the actions taken place in this instrument: 1. Lot 14 (Sosnoski) is subject to a deed of trust to Stephen G. Butler, et al, Trustees, securing Farmers and Merchant National Bank and recorded in the aforesaid Clerk's Office in Deed Book 520, at Page 738. 2. Lot 14 (Sosnoski) is subject to a deed of trust to Thomas Throckmorton, et al, Trustees, securing Valley Mortgage HARRISON s JOHNSTON and Investment Corporation and recorded in the aforesaid Clerk's ATT:;RNE1S AT LAW M IM=JESTER, VIREIYIA Office in Deed Book 552, at Page 616. - 2 - Virginia and recorded in the aforesaid Clerk's Office in Deed Book 535, at Page 389. NOW, THEREFORE, WITNESSETH: 1. The replatting of Lots 23, 24, 25, 30 and 31 of Secticn 2 of Opequon Ridge Subdivision as shown on the plat dated January 25, 1983 prepared by Thomas A. Shockey, C.L.S., attached hereto and by this reference made a part hereof, is made with the free consent and in accordance with the desire of Glaize and of Roy A. Cunningham, Jr. and Alice C. Cunningham, his wife, and of James L. Walker and Carol M. Walker, his wife, with the approva_ of the other Owners herein, being the owners of all lots of lana in Section 2 of Opequon Ridge Subdivision, and with the approval of the other parties hereto being the Trustees and Secured Partie,4 of deeds of trust against all lots in Section 2. . 2. The parties hereto do further consent to the reduction of acreage of Lot 23 to 7.311 Acres as shown on the attached plat. HARRISON d JOH14STON ATTORNEYS AT LAM' WINCHESTER, VIRGINIA 14ITNESS the following signatures and seals: (SEAL] Fred L. Glaize, III ( S E-=-L l Ann W. Glaize Roy A. Cunningham, Jr. (SEA) Alice C. Cunningham (SEAL) James L. Walker (SEAT.) Carol M. Walker I - 4 - HAMSON 6 JOHNSTON II ATIDRNEYS AT LAZY V/INCNESIER. VIREINIA (SEAL) Thomas S. Duva (SEAL) Norma K. Duvall JAMES T. VICKERS AND JAMES R. 1,1,ICHOL T/A J & J CONSTRUCTION By James T. Vic ers By � James R. Ptichols (SEAL; GH iam S. Fran lin (SEAL) Donna L. Frank in (SEAL) Robert J. Cornette (SEAL) Mary M. Cornette (SEAL) Francis P. Sosnos i (SEAL) eresa M. Sosnoski (SEAL) Gordon C. Bristo (SEAL) oan B. Bristo (SEAL) alter T. Morrey (SEAL) Lorraine S. Morrey - 5 - IRRIEON d JOHNSTON ATTORNEYS AT LAW WINChZETER. VIRM NIA BANK OF VIRGINIA By David J. Andr Sole Acting Trustee(SEAL) COMMERCIAL AND SAVINGS BANK. H. K. Benham, III, Sole Acting (SEAL) Trustee FIRST VIRGINIA BANK OF FREDERICK COUNTY Thomas T roc morton, So e ActingEAL) Trustee FAR-IMERS AND IERCHANTS NATIONAL BANK Step en G. But er, So e Acting (SEAL) Trustee VALLEY MORTGAGE AND INVESTMENT CORPORATION M Wi lam M. Mote, So e Actin; Trustee Fred L. Glaize, III (SEAL) - 6 - (SEAL) George G. Snarr, Jr., So e Acting Trustee SHENANDOAH VALLEY NATIONAL BANK STATE OF VIRGINIA, OF To -wit: I, , a Notary Public of and for the State and aforesaid, do certify that Fred L. i Glaize, III (as Owner and as Beneficiary) and Ann W. Glaize, his � wife, whose names are signed to the foregoing writing, bearing date on the -r day of February, 1983, have acknowledged the same before me in my State and aforesaid. Given under my, hand this day of 1983 My commission expires otary Public STATE OF OF To -wit: I, , a Notary Public of and for the State and aforesaid, do certify that Roy A. Cunningham, Jr. and Alice C. Cunningham, his wife, whose names ar signed to the foregoing writing, bearing date on the day of Februarv, 1983, have acknowledged the same before me in my I State and aforesaid. I Given under my hand this day of 19831 My commission expires HARR;SON d JOHNSTON II ATTJR14EYS AT LAWT`:o Lary Public WIN-HESTER. VIRGINIA ARRISON c JOHNSTON ATT^%tiEIS AT LAW VIN=:TESTER. VIRGINIA STATE OF OF U , To -wit: I' , a Notary Public of and for the State and aforesaid, do certify that James L. Walker and Carol M. Walker, his wife, whose names are signed to the foregoing writing, bearing date on the day of February 1983, have acknowledged the same before me in my State and aforesaid. Given under my hand this day of 1983 My commission expires Notary Public STATE OF OF To -wit: I' , a Notary Public of and for the State and aforesaid, do certify that Thomas S. Duvall and Norma K. Duvall, his wife, whose names are signed to the foregoing writing, bearing date on the day of February 19.83, have acknowledged the same before me in my State and aforesaid. Given under my hand this day of 1983 MY commission expires STATE OF 0 Notary Public OF To -wit: ' I I' a Notary Public of and for the State and aforesaid, do certify that James T. I Vickers and James R. Nichols, T/A J & J Construction, whose names are signed to the foregoing writing, bearing date on the - 8 - HARRISON 6 JOHNSTON A1TDRNEYS AT LAN' W114rriESIER. VIRGINIA day of February, 1983, have acknowledged the same before me in my State and aforesaid. Given under my hand this day of 1983 My commission expires Notary Public STATE OF , OF To -wit: I, a Notary Public of and for the State and aforesaid, do certify that William S Franklin and Donna L. Franklin, his wife, whose names are signed to the foregoing writing, bearing date on the j.D/=-� day of February, 1983, have acknowledged the same before me in my State and aforesaid. Given under my hand this day of 1983 My commission expires STATE OF Notary Public. OF , To -wit: I, , a Nlotary Public of and for the State and aforesaid, do certify that Robert J. Corvette and Mary M. Cornette, his wife, whose names are signed to the foregoing writing, bearing date on the day of February, 1983, have acknowledged the same before me in my State and aforesaid. I Given under my hand this day of 1983! I My commission expires - 0 - Notary Public i STATE OF , OF To -wit: I, a Notary Public of and for the State and aforesaid, do certify that Francis P Sosnoski and Theresa M. Sosnoski, his wife, whose names are signed to the foregoing writing, bearing date on the day of February, 1983, have acknowledged the same before me in my State and aforesaid. Given under my hand this day of 1983 My commission expires Notary Public STATE OF OF To -wit: I, , a Notary Public of and for the State and _ aforesaid, do certify that Gordon C. Bristol and Joan B. Bristol, his wife, whose names are signed to the foregoing writing, bearing date on the 3 day of February 1983, have acknowledged the same before me in my State and aforesaid. Given under my hand this day of 1983I My.commission expires Notary Public STATE OF OF To -wit: I I, a Notary Public of and for the State and aforesaid, do certify that Walter T.' SON JOHNSTONIlorrey and Lorraine S. Morrey, his wife, whose names are signed Ia TCE.AE1S AT LAN' :HESTEft. VI F. c!!:!A to the foregoing writing, bearing date on the ` day of i 10 - HARRISON S JOHNSTON ATTLIRNEYS AT EA:! WINCHESTER, YIR",INIA February, 1983, have acknowledged the same before me in my Stat= and aforesaid. Given under my hand this day of 19S3 My commission expires Notary Public STATE OF VIRGINIA, OF To -Wit: I, a Notary Public in a-,d for the State and aforesaid, do certify that , whose name as of Bank of Virginia, is signed to the foregoing writing, bearing date on the day of February 1983, personal-y', appeared before me this day in my said and in the name and on behalf of the said Corporation, acknowledged the sa_d writing as the act and deed of the said Corporation, and made oath that he is of the said Corporamt- Given under my hand this day of 1983 My commission expires Notary Public STATE OF VIRGINIA, irl ■ OF To -wit: I, a Notary Public of an:_ for the State and aforesaid, do certify that David d. Andr6, Sole Acting Trustee, whose name is signed to the foregoing writing, bearing date on the day of February, 1983, has i acknowledged the same before me in my State and afore_ad. Given under my hand this day of 19:.3j I My commission expires I otary Public HARRISON 6 JOHNSTON A7'TJRNEY5 AT LAW 1, NLHESTER. VIRGiNIA STATE OF VIRGINIA, OF To -Wit: I, , a Notary Public in and for the State and aforesaid, do certify that , whose name as of Commercial and Savings Bank, is signed to the foregoing writin bearing date on the 3%d day of February, 1983, personally appeared before me this day in my said and in the name and on behalf of the said Corporation, acknowledged the said writing as the act and deed of the said Corporation, and made oath that he is of the said Corporatio Given under my hand this day of 1983 My commission expires Notary Pu is STATE OF VIRGINIA, at Large: I, , a Notary Public of and for the State aforesaid, do certify that H. K. Benham, III, Sole Acting Trustee, whose name is signed to the foregoing writing, bearing date on the 3`' day of February, 1983, has acknowledg( the same before me in my State aforesaid. Given under my hand this day of 198' My commission expires STATE OF VIRGINIA, OF To -Wit: I, for the State and otary Public ,l , a Notary Public in and'I aforesaid, do certify that . whose name as HARRISON G JOHNSTON ATTCRNEYS AT LAN WINCHISIER, VIRGINIA of First Virginia Bank of Frederick County, is signed to the foregoing writing, bearing date on the __:� 3•d day of February, 1983, personally appeared before me this day in my said , and in the name and on behalf of the said Corporation, acknowleco d the said writing as the act and deed of the said Corporation, and made oath that he is of the said Corporate n Given under my hand this day of My commission expires STATE OF VIRGINIA, OF I, for the State and Notary Public , To -wit: . 19831 , a Notary Public of and aforesaid, do certify that Thomas Throckmorton, Sole Acting Trustee, whose name is signed to the foregoing writing, bearing date on the -D,=-'day of February, 1983, has acknowledged the same before me in my State and _ aforesaid. Given under my hand this day of my commission expires STATE OF VIRGINIA, OF I, for the State and Notary Public To -Wit: , 1983 , a Notary Public in and aforesaid, do certify that . whose name as of Farmers and Merchants National Bank, is signed to the foregoinl - �� %�' ra 11 writing, bearing date on the day of February, 1983, perso S I appeared before me this day in my said and in the - 13 - HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA name and on behalf of the said Corporation, acknowledged the sa_d writing as the act and deed of the said Corporation, and made oath that he is of the said Corpora_i Given under my hand this day of My commission expires STATE OF VIRGIN?IA, OF for the State and Notary Public . To -wit: , 19 3 , a T?otary Public of and aforesaid, do certify that Stephen G Butler, Sole Acting Trustee, whose name is signed to the foregoing writing, bearing date on the �� -' day of February, 1983, has i acknowledged the same before me in my State and aforesaid. Given under my hand this day of My commission expires STATE OF VIRGINIA, OF for the State and otary Public To -Wit: 1983 a Notary Public in and aforesaid, do certify that . whose name as of Valley Mortgage and Investment Corporation, is signed to the j foregoing writing, bearing date on the day of February, 1983, personally appeared before me this day in my said and in the name and on behalf of the said Corporation, acknowledged the said writing as the act and deed of the said Corporation, and; made oath that he is of the said Corporation. i I Given under my hand this day of 1983 I i - 14 - HARRISON 3 JOH145TON ATTORNEYS AT LAW WINLHESTER, VIRGINIA My commission expires otary Public STATE OF VIRGINIA, OF To -wit: I, , a Notary Public of and for the State and aforesaid, do certify that William PSI Mote, Sole Acting Trustee. whose name is signed to the foregoing writing, bearing date on the day of February, 1983, has acknowledged the same before me in my State and aforesaid. Given under my hand this day of 1983 My commission expires tary Public STATE OF VIRGINIA, OF To -wit: I, a Notary Public of and for the State and aforesaid, do certify that George G. Snarr, Jr., Sole Acting Trustee, whose name is signed to the I , foregoing writing, bearing date on the day of February, 1983, has acknowledged the same before me in my State and aforesaid. Given under my hand this day of 1983 My commission expires STATE OF VIRGINIA, OF I, for the State and Notary Public To -Wit. a Notary Public in and aforesaid, do certify that - 15 - HARRISON & SCiiNSTON t.TTGRNEYS AT LAW WINGHE5TER, VIRGINIA whose name as j of Shenandoah Valley national Bank, is signed to the foregoing V, i writing, bearing date on the day of February, 1983, personally appeared before me this day in my said and in the name and on behalf of the said Corporation, acknowledged the said; writing as the act and deed of the said Corporation, and made j I oath that he is of the said Corporation. I)I Given under my hand this day of 19831 My commission expires - 16 - Notary Public N 21 22 N 830 50' 28" W O 60O r 350,00' 235.42 3 26 N 25 w 24 0 v 5.029 AC. �i�o 5.245 AC OIN �1m 27 �4g352 W �� 0 h �) N 320 05' 54" W z' 210.96' ^� 1 C9 31 171.36' 266 �30 6.358 AC. i S 86° 21' \ q00, It—N 08- 12' 28" E - 143.75' so 43, h0 i F SligoCCD 38g./3' E (DI � 29 IW 30 CD 3g FC' - 1023.53' 6 513.11' 605j N 65 1 38' 34" L56.48 r. 23 / N 2CP 06' 01" E \ems 7.311 A C. s N 7' W 230.01 524.79' 47" E - 1423.96' \ O� STILLWELL LAND o\ co o 5.222 AC. "ii-N Q SUBDIVISION APPROVED 010 _1 DA1 / 10 49--� B'DIVISION A IST plq Iz J S 64837 09" '� W 6.2p, f ro! C? !O T J 12 FINAL PLAT 5.803 A C. a Uj for the revision of ^!!N Lots 12-and,13 Section 1 o Lots 23, 24, 25, 30 and 31 Section 2 N •�' z OPEQUON RIDGE U � RO• Stonewall District, Frederick County, Virginia S 790 18' o5" E 660 1" = 300' January 25, 1983 FS .2 8 S 61- 28' 00" E - 13.97J NOTE: Lot 13 - Section 1 has been joined with Lot 12 to form one Lot to be designated Lot 12 - Section 1. CURVE TABLE r' CURVE DELTA RADIUS ARC TAN CHORD 1 17-50'05~ 508.00 158.13 79.71 i S70023'03"E - 157.49 2 10°55'20~ 1015.96 193.67 97.13 s73°So'25"E - 193.38 � r1S A. SN" QC Y Q ® 1271 ��'� sU�v� HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA THIS DEED OF DEDICATION, made this 1st day of December, 1976, between Fred L. Glaize, III and Ann Glaize, his wife, hereinafter called the Grantors, and The County of Frederick, Virginia, hereinafter called the Grantee. WHEREAS, the Grantors are the owners of Lots 1 through 13 of Opequon Ridge, Section One, and of Lots 14 through 31 of Opequon Ridge, Section Two, as more particularly described on the plats of J. R. Nicely, Certified Land Surveyor, dated November 1, 1976 and December 1, 1976, respectively, and attached hereto; and, WHEREAS, it is the desire of the owners to subdivide said land as hereinafter set forth. NOW, THEREFORE, WITNESSETH: 1. The platting and dedication of Section One, Opequon Ridge, and of Section Two, Opequon Ridge, as shown on the plats prepared by J. R. Nicely, Certified Land Surveyor, dated November 1, 1976, attached hereto and incorporated herein in full by this reference, is with the free consent and in accordance with the desire of the Grantors herein. The platted land lies adjacent to Virginia State Route 664 and State Route 660, Northeast of Winchester in Stonewall District of Frederick County, Virginia and is a portion of the property conveyed to the Grantors herein by deed dated August 27, 1971 and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 381, at Page 45. 2. The Grantors do hereby grant and dedicate to the Grantee, in regard to Section One, Opequon Ridge and in accordanc with Section 15.1-478, Code of Virginia, 1950, as amended, those portions of the platted property designated as a "ten HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA foot wide strip along East side of Route 664" and "the strip of land shown hereon lying along the North side of Rt. 660 between the property line of lots and the existing property line of Rt. 660" which composes a thirty (30) foot wide strip, for the purpose of widening said state highways, amd...-.��ier: U -"_ .. - , b .,,- - - a �. ,- ,.; ,. f - — 1 !2I,a 3. The lots contained in Section One, Opequon Ridge and Section Two, Opequon Ridge, are subject to the following covenants, restrictions and easements which shall be considered covenants real and running with the land and shall be binding upon the Grantors and all subsequent owners of said lots: a. No building of a temporary nature shall be erected or placed on said lot except those customarily erected in connection with building operations, and in such cases, for a period not to exceed four (4) months. b. Said lot shall be used for residential purposes only, and any garage, barn or service building, must conform generally in appearance and material with any dwelling on said lot. c. No signs, billboards, or advertising of any nature shall be erected, placed or maintained on said lot, nor upon any building erected thereon, except directional and information signs of the Grantors. d. No building shall be erected closer than seventy- five (75) feet to any street or road, nor closer than thirty (30) feet to the side or rear of the lot line, with the exception that where two or more lots are used together for the constructio of one dwelling, then said thirty (30) foot set back shall apply only to outside lines. MM HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA e. No trucks, buses, old cars, unlicensed or unsightly vehicles of any type or description may be left, stored or abandoned on said lot. f. The Grantee shall maintain said lot either in its natural state or, if improved or developed, in that state and shall prevent unsightly or otherwise offensive conditions from occurring, including removal of garbage or refuse. g. If parties hereto, or anv of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any real estate situated in said subdivision. to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant, either to prevent him or them from so doing or to recover damages or other amounts for such violation. h. Invalidation of any one of these covenants by judgment or Court order, shall in no wise affect any of the other provisions which shall remain in .full force and effect. i. If the construction of a driveway into said lot prohibits the natural drainage in front of said lot, then a pipe or culvert of sufficient size shall be installed by the purchaser of said lot at his expense. J. No dwelling shall be erected or maintained on said lot or lots which costs, when completed, less than Thirty Five Thousand Dollars ($35,000.00), excluding cost of lot or lots, and, in addition thereto, each dwelling shall have a ground floor space of not less than 1350 square feet for a one-story dwelling nor less than 900 square feet for each floor of a two-story dwelling, exclusive of any portion thereof used for a garage or an outside porch. - 3 - HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA k. No cows, hogs, goats, fowl, dog kennels or the like, shall be maintained upon said lots at any time. Two horses, for private use only, may be maintained provided they are properly fenced. 1. The said lot shall not at any time be subdivided, conveyed or sold except as a whole unless two (2) lots joined together or three (3) lots made into two (2), as long as no lot is made smaller. m. Nothing herein is to be construed to prevent the Grantors from placing further restrictions or easements on any lot in said subdivision which shall not have already been conveyed by them. COVE14ANT AND RESTRICTION APPLICABLE ONLY TO SECTION TVJO, OPEQUON RIDGE 1. Lots 14 through 31 of Opequon Ridge, Section Two, shall be impressed with a Fifty Dollars ($50.00) per lot, per year, roadway maintenance fee. Said roadway maintenance fee, in the amount of Fifty Dollars ($50.00), shall be paid each year on June 1, to the Grantors herein and said amounts shall be used solely for the maintenance of the right of way as shown on the plat of J. R. Nicely, Certified Land Surveyor, dated December 1, 1976; provided, further, that a property owner's association shall be established when nine (9) lots have been sold with membership in said property owner's association being automatic upon ownership of any said lot in Section Two, Opequon Ridge, each owner of each lot having one (1) vote, said association to be governed by the majority. Upon the establishment of said association, the Fifty Dollars ($50.00) roadway maintenance fee, shall be paid directly to the property owner's association and said amounts shall be used for roadway - 4 - I maintenance only. The Grantors' share shall never exceed Fifty Dollars ($50.00) per lot, per year, but the property owner's association may, by appropriate action, set said roadway maintenance fee at any amount necessary to maintain the said roadway. Said annual payment shall be a charge and lien upon the property herein conveyed, it being expressly understood that said lien is inferior and subordinate to the lien of any deed of trust hereafter recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia encumbering the above described property, unless record notice to the contrary is given prior to the recordation of any such deed of trust. WITNESS the following signatures and seals: STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: I, (SEAL) Fred . Mize, III (SEAL) Ann Glaize , a Notary Public of and for the State and County aforesaid, do certify that Fred L. Glaize, III and Ann Glaize, his wife, whose names are signed to the foregoing writing, bearing date on the 1st day of December, 1976, have acknowledged the same before me in my State and County aforesaid. Given under my hand this day of December, 1976. My commission expires HARRISON & JOHNSTON ATTORNEYS AT LAW WINCHESTER. VIRGINIA - 5 - Notary PUBlic G 19 T v 4507A00410 00ei44:7 G 40F� _ s- E C Ti o .tr o it/ E" �STOic/E'i✓i9 G G O/S Ti�''/G' T o.2.gi.v.9cE 6fiSEMb''.�T -SErB�9c.0 c/iv - /2��0�76 —SUBS/!�/S/Oit/ OF GAic/G� /�,s Sfi�OWiC/ c7G✓�vE"� ✓E-Yo�S TiFic---cp T'E' G-E� T/ic�'EO G �9�c/O SU�YE"'Yo� oo �4O.oie o 1'/ E�O S 4/✓/s'/oic/ i90M/STiQATO� .. /2 7 �c A.c%v�.vc co �i ssi o�v i 1ii.� civiq O.0 ' �cli 45-"d" i9 Y_. - if/O iC/E"y✓ STi�E_c�T' L_ 0 - 7f �i�E.9G Ty p�—,o�q�TME�c/ T -v�/!/i9 Tic- 1-✓A T-E-e SG/.��G Y" oiV E-�9 Cy G O T LOTS ARE SUBJECT TO APP701TAL OR DISAPPROVAL ON INDIVIDUNL LOT BCSTS IS TO THE LOCATION OF THE WA SYSTEM. William H. Hatfield., N.D., Direc Lord Fairfax Health „istr ct'_ T / o,� -Pr 00 b I07S ARE SUB,,') -[,CT CT TO APPPOVAL OR DTSAPPROVAL ON A \ TT"�TVT-.PU'L LOT F""STS AS TO TH LOC&TTON OF THE WATER O uTTTP`Y AND THE INSTALLATION OF T1AE SEWAGE DISPOSAL SYST` , V"Jill Hatfleid., D. , rzOttrr Lord Fa ax Health D�'str' t M3.o¢O \ p p � AC, � hf -3. 038' � J�� �' • �s 8 e `''3 -�3 `g �O"O� � 9:v U z� � o I^ .vo TE-.• -� � so 00 ��� cl Q� � � 5 � " � S� C:flsq o' <51 O ice• .-eT �-�o� M.���E../il/�, � lt�„�� �'� O � �`O�/S / � �� � /7 LOTS ARE SUBJECT TO AppRoVXL 0-11, W ONrGFvTHE WATEl� _ ^ Iy,,)TVIDUkL LOT .BLS.! S AS TO AND THE INSTALLATION OF TOE SEWAGE DISPOSAL a • 3- ` 7GT ect 3. 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Yid �i�cii�9 7 o � a GqN� i z / zS /� Z6 D • tN ,, �' i 7S. oo ' 7.36•� �9G"�E'S "1 � GE A 6. 35 8 i9C.E'E-S \ O ie-�o 3o N J .S.3o6 �9c.2�s szz°o�i3' 9S. 37' v1 N g � �. i �� .' Y✓ � e � i2 c4� o•- ' 3So. oo I I 3So. oo - G IF i z E Z7 3So. oo' 3So. oo- 60 - 6ZS. oo' z 6 N � zS aq 3• �3. 3i z 3 G.4.vo O� Z/ ZZ 60 ' �9 oiciS --lb o � j � z 9 � MM � Z QS � ter,+ c�ES lJj __s' g6'zsza••i✓ 0 /moo, oo _5"Z9�i7'oo'•it- zo ' E�AS�E'M Eiv T 4-,, L� 157 O January 7, 1977 Billy J. Tisinger, Esquire 11AILRISON and JOMNSTO.� Post Office Box 809 Winchester, Virginia 22601 In Re: —_ 02equon Rid e_- Subdivision - Section I Dear Billy: Please be advise,: that I do not have in my possession a copy of the duly ececuted deed of dedication you mentioned in your letter of January 6, 1977. If you would arrange to send me a copy of this document, it would be appreciated. Sincerely, COUiJTY OF F!:L FRIC.-K, VI'C!I_,?IA 11. Ronald ber- Planning Director iiRrS : id CC: J. 0. Renalds, III, County Administrator HARRISON & JOHNSTON BURR P. HARRISON 1904-1973 ATTORNEYS AT LAW WILLIAM A. JOHNSTON WINCH ESTER, VIRGINIA 22601 H. K. BENHAM III BILLY J. TISINGER THOMAS A. SCHULTZ,JR. 21 SOLTrH LOUDOUN STREET TELEPHONE RONALD J. BROWN P. O. BOX 809 BRUCE E. DOWNING AREA CODE 703 ELIZA-BETH B.JOHNSTON 667-1266 January 6, 1977 Mr. H. Ronald Berg Secretary Planning Ccnunission 9 Court Square Winchester, Virginia 22601 Re: Opequon Ridge Dear Ron: Please be advised that I have in my possession a duly executed deed of dedication in regard to the above referencec matter. Please advise when the plat has been signed by all parties, in order that we may admit the deed of dedication to record. We hope that this process can be accomplished in the very near future. Sincerely, BJT: jdf B3,� y l isinger i RECEIVED JAN 7 15"1? December 9, 1976 Mr. Fred L. Glaize, III Post Office Box 598 Winchester, Virginia 22601 In Re: OPEQUON RIDGE § I (R-2) Stonewall Magisterial District 13 lots fronting Routes 664 and 660. Dear Mr. Glaize: The subject subdivision was considered and approved by the Board of Supervisors of the County of Frederick, Virginia at their Regular Meeting of December 8. 1976. Please contact me should you need any further information. Sincerely, COUNTY OF F&LDERICK, VIAGINIA H. Ronald Berl Secretary Planning Commission HRB/fmd CC: J. 0. Renalds, III, County Administrator HARRISON & JOHNSTON 4r:a q P. c{,�RiZ;SJ:�.i 1004-1973 A�{—fi'7P�`.:. S AT LA�t% t':?i_f. i:'•. `.' °. .3J1-;\5T0 WINCHES-rF R, VIRGIN IA 22601 TTl: ;+_ �.:•:, �'.GLTZ, J`': 2t SJLi =e :OuDOi.J� STREET TELEPHONE A :�; >-�;,� ;, E,✓'.l'�i •-. O. BO\ 809 AREA CODE 703 BTtUCE E.UOF:��(VG 66%-1266 Euz%s=f_I B.JOH':.STON November 17, 1976 Mr. Fred L. Glaize, III P. 0. Box 598 Winchester, Virginia 22601 Re: Oyr-c- t aon Ridge Se ion One Dear Fred: Attached please find a copy of the survey which Ray Nicely has completed in regard to the above referenced property. It was my understanding that the entire 150 acres would be divided at one time and that we would present the entire subdivision to the Planning Ccminission and Board of Supervisors. I believe that we, at the hearing before the aforementioned bodies, made the representation that we would be bound by our overall plat of the 150 acres with minor changes on the final plat. Of course I'm aware that the lots in the rear will contain more than five acres and do not need the approval of the Board of Supervisors but it would appear to me that, because of our representations, plans dividing the entire 150 acres would be subndtted at one time. Am I wrong iLn my understanding? Sincerer BJT: jc3f 1 Tisinger Enclosures for ,raa-� • S.U.B.D.I.V.I .I.O.N P.L.A.T S.U.M.M.A.J' W Review Fee Paid $ 7 Impact Fee Paid $ 7 y Deed of Dedication Received /li/All Signatures affixed to Plat, including Owner/Developer/Subdivider /---S-t-r-eet---'dames—checked- a.itd4or—varif- ed— 1. Subdivision NAME Opequon Ridge ® I 2. MAGISTERIAL District Stonewall Magisterial District 3. DATE submitted to Administrator November 3, 1976 4. CONTACT Person & Telephone # CONTACT Address XY Health approved �` Highway approved /—S•aurtation - appr-owed X, Zoning approved f-- — ty-or Town--a-pp-roved Fred L. Glaize, III �L� 2 P.O. Box 598, Winchester, VA 22601 5. Owner/Developer/Subdivider: Fred L. Glaize, III 6. ZONING Classification of Area R-1 (ZMAP 018-76) #27 on tax map 45 7. LOCATION North of Burnt Factory, fronting the East side of Rt. 664 & North side of Rt. 660. 8. Adjoining Property Uses 9. Total Acreage 10. Number of Lots 11. Street Design 41.740 acres for Section I 13 12. Water and/or Sewer Availability & Source 13. Adequacy of Easements -1C�� 14. Storm Drainage & Floodplain 15. Recreation Areas page I of 2 r _ SUBDIVISION PLAT SUIVMARY Cont' d . . . . . . 16. Covenants and/or Deed of Dedication 17. Amount of Bond 18. Review Team Comments a c 0 e (Summary) .1 19. Planning Commission 20 PAGE Two of Two D epartt-umt o - �c2'Iltitti rSti r�� �t?k'iQs12?tk'it i. YZONA'_D BERG 9 COURT SQUARE PLANN;NG DIP.BCTOH REVIEW and COILIENT EVALUATION 22601 J. WILLIA:6 MLCY, Ht ZO47NG GOO. ADMINIBTRATO.7 Frederick- ftachest*r 8ilth Uepartm*%t ATTN Mr. p&UjL HAgjk _ Frederick City F user! De t t, ATTH Mr. Tho=s L. ftftwabbLu 2 / / Department of Highways and Transportation, ATTN . R- C• KtAg Tor 4ny cowunts you may care ta. aaas. _ 3 / / REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT / SUBDIVISION 4 / / ENCLOSURES: 1 e*t of 4 eh*ate - finva plot dated 11/01/74 Cr��r��vs� %� �iectfon l PROPERTY OWNERs : 1rctf 1+•lai+e. 111 �` 6 Representative(s): ..'..advised by copy of this form of responsibility to contact above -checked office(s) concerning this application as soon as possible. 7 PROPERTY LOCATION: ?%rth of Burnt Faetorq, irenting tbd Est Adrd of Pvaute 5.54 and Morth side e of %cute 660. S PROPOSED USE: 51nale-fa.ally'4�rtllin & 9 TOTAL ACREAGE: 41.740 0 YOUR REVIEW and C0MMENTs would be appreciated no later than , 19 Ll B H. tDaald Barg, Dapoty Sub-livIaLan Adl_4 :-.iOtra r'arate11/04/7b : FOR YOUR COMMENTS: FOR YOUR SIGNATURE: n r G e 703/ 662-4532 ,;_' re1 -erirh &LYntu H. RoNAi _G BERG 9 COUPT 5QUARR PLANNING DIRECTOR REVIEW and CO,,EHENT EVALUATION WINCHESTER, V!,RGINIA 22,601, J. INILLIAM RILEY, 111 ZoI9i PIG Coo-- ADMINISTRATOR / Frederick -Winchester health Department ATTN Mr. Paul E. Musik _ Frederick County Engineering Department, ATTN Mr. Thomas L. Maccubbin Department of Highways and Transportation; ATTN Mr. R. C. King for any comments you may care to make. REZONING / / SITE PLAN / / CONDITIONAL USE PERMIT SUBDIVISION / ENCLOSURES: 1 set of 4 sheets - final plat dated 11/01/76 OPEQUON RIDGE Section I 5 PROPERTY OWNIERs: Fred L. Glaize, III 6 Representative (s) : same ..'...advised by copy of this form of responsibility to contact above -checked office(s) concerning this application as soon as possible. 7 PROPERTY LOCATION: North of Burnt Factory, fronting the East side of Route 664 and - North side of Route 660. 8 PROPOSED USE: single-fami.ly,dwellings 9 TOTAL ACREAGE: 41.740 :.0 YOUR REVIEW and COM1,1ENTs would be appreciated no later than 19 l By: . H. Ronald Berg, Deputy Subdivision Administratoarte: 11/04/76 FOR YOUR COMMENTS: A 15 foot drainage easement between lots 4 and 5 should be provided. .1 FOR YOUR SIGNATURE: �1�.2 Date: Nov. 8, 1976 r03/652-4532 =Acti�saE'�t i7cTPit:1Yli' cxllLi1"II?'i? H. R(D.'1}.>..D SER.^-, !-s PLANNinc. DME:CiOR REVIEW and COMMENT EVALUATION WINCHESTIF.R, �:i=. i+r?:a,- a, 601 ..5. W!LL.LAM RI! EY, iii Z.OYIf:G ..co_ Ao:4i74137RATOR Frederick -Winchester health . Department ATTN Mr. Paul LT. Mush: _—._-._--- Frederick County engineering Department, ATTN Mr. Thomas L. Maccubbiu Department of Highways and Transportation, ATTN -Mr- R. C. King _ _ for any commute you may care to ,rake. REZONING / / SITE PLAN / / CONDITIONAL USE PERNMIT SUBDIVISION ENCLOSURES: 1 set of 4 streets - final plat dated 11/01/76 OPEgUON RIDGE Section I PROPERTY OWNERs: Fred L. Glaise, III Representative(s): same .?..advised by copy of this form of responsibility to contact above -checked office(s) concerning this application as soon as possible. PROPERTY LOCATION: Morth of Burnt Factory. fronting the East side of Route 664 and North side of Route 660. PROPOSED USE: single- family dwellings TOTAL ACREAGE: 41.740 YOUR REVIEW and COMi1ENTs would be appreciated no later than 19 11 By: B. Ronald Berg, Deputy Subdivision AdmiairstratNte. 11/04/76 FOR YOUR COi�1ENTS: This is to advise that a soil evaluation has been conducted by the Frederick County Health Department. Lots #1, 2 3 , h, 5 z6, 7, 8, 9,10,11,12, and 13 of the proposed Fred Glai_x .Farm. The soil evaluation was conducted by digging test holes with a back -hoe to a depth of approximately 3 feet. The above lots appeared to be suitable for the installation of se�)tic tanks and sub- surface drainfields to serve 3 bedroom dwellings. A suitable site was found on the 5 acre tracts that were evaluated in the rear of the 3 acre lots. -Unddrstand that each lot is subject to approval or disapproval on an individual lot basis as to the location of the water supply and the,installatian of the sewage disposal ys em. p / FOP. YOUR SIGNATURE: % �� t� �1'�l� Date: /y17� 7o:3/ee2..4ss2 �.� ` ^�,. c�a �-� �'� �1 .�,,,> � _ �'��� �-� %��� "��� �-►F E. E. Bayliss, Jr., Realtor ® 32 Valley Avenue, P. 0. Box 511 • Winchester, Virginia 22601 qE®L Phone 667-8000 To Date Subject _ __- _ f PLEASE REPLY NO REPLY NECESSARY�'���'' ME MO letter' AY Ede Drew�ng 9oarU. Inc, Bo• 505. Oell.s. �e•as MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER, VIRGINIA 42 S. CAMERON 5T. March 8, 1977 Mr. and Ctrs. Robert 114. Smith Route 1, Box 25R-B Clearbrook, Virginia 22624 Dear Mr. and Mrs. Smith: CITUD)PY At your request I have examined the title to that certain parcel of land located in Stonewall Magisterial District, Frederick County, Virginia and designated as Lot 3, Section 1 of Opequon Ridge Subdivision, which is to be conveyed to you by Fred L. Glaize, III and Ann Glaize, his wife, and further being the same real property which was conveyed to Fred L. Glaize, III and Ann maize by J. 11. Landback, at ux, by Deed recorded in the Clerk's Office of the Circuit Court of. Frederick Countv, Virginia in Deed Book 321, at Page 45, as such title aonears on the records contained in said Clerk's office. The period of this examination is for a term of not less than 4n vears prior to March 7, 1977 at 11:24 A.M. Based upon this examination which is subject to any errors in descriptions which may be disclosed by a survey of a competent survevor, it is my opinion that Fred L. Glaize and Ann Glaize own a marketable fee simple title to the aforesaid real es -.'.ate, free from all liens and encumbrances, subject only to the following: 1. Real estate taxes for the vear 1977, not due and payable until December 5, 1977. 2. A right-of-wav granted to Potomac Edison Company recorded in the aforesaid Clerk's Office in Deed Book 466 at Page 509. 3. A 19 foot easement granted to the Chesapeake & Potomac Telephone Company recorded in the aforesaid Clerk's Office in Deed Book 414, at Page 522. - 2 - 4. A possible easement and right-of-way of the Northern Virginia Power Company recorded in the aforesaid Clerk's Office in Deed Book 254 at Page 92. 5. A Possible right-of-wav of the Potomac Edison Company recorded in the aforesaid Clerk's Office in need nook 357 at Page 169. 6. A pos,sihle right-of-way of the Northern Virginia Power Company recorded in the aforesaid Clerk's office in Deed Book 213, at Page 571. 7. A possible right-of-way to the Chesapeake & Potomac Telephone Company recorded in the aforesaid Clerk's office in Deed nook 165 at Page 516. 8. Restrictive covenants running with the land which are of record with the Deed of Dedication in the afore- said Clerk's Office in need Book 463 at Page 601, a copy of which restrictive covenants is attached hereto. q. A 75 foot setback line which is contained in the Plat of the subdivision. 10. These lots are subject to approval or disapproval on an in(?ividual hasis as to the location of the water simply and the installation of a sewerage disposal system. Sincerelv yours, Thomas fi. Rockwood THR/voc Enclosure: 68 TITLE EXAMINATION the client, it is to his advantage as well as that of future title examiners to make the limits and extent of the right of way a matter of public record. To this point public roads and rights of way for the benefit of third persons have been discussed. Rights of way which benefit the subject property may be of equal or greater importance to the title examiner's client. Unless instructed not to do so or unless his certificate is specifically so limited, the ti- tle examiner has a duty to his client to examine ti- tle to such rights of way. D. Easements Utility easements are most often encountered by the title examiner. Unfortunately, the bulk of the easements encountered of this nature are granted by general description only and the title examiner is often obliged to report as an encumbrance an ease- ment over a tract of land of which the examined property is a small part and which may not affect the property. Although there is no Virginia case decid- ing the point, it is the writer's opinion that these easements are limited to the rights exercised by the grantee, and that in spite of the broad language of the grant, the grantee has no right to come upon the property at a different location and exercise the granted rights in a substantially different manner from that previously exercised contemporaneously with the grant. There is a tendency among modern subdividers to provide an easement for public utili- ties on their plats of subdivision and to grant to the utilities the right to occupy those strips reserved for the purpose of furnishing services in the subdi- ROADS, EASEMENTS, ETC. 69 vided lots. All plats of subdivisions should be care- fully examined by the title examiner for reserva- tions of easements affecting the property under ex- amination. Easements may be lost by abandonment. How- ever, before relying on mere non -user as abandon- ment, the title examiner should first ascertain that there was an actual intention to abandon and secure satisfactory evidence of an extended continuous pe- riod of non -user. Virginia cases on abandonment of easements are not all comforting to the title exam- iner and should be thoroughly studied.' Easements are ordinarily appurtenant to some other piece of property. Occasionally one runs into what are called easements in gross. The distinction between easements appurtenant and easements in gross is important as an easement in gross is a per- sonal right while, by operation of law, an easement appurtenant passes with the property. Is the ease- ment of beneficial use to the dominant estate? If it is, it may safely be assumed to be an easement ap- purtenant to that estate. If it is of beneficial use only to the grantee, it is an easement in gross. The status of an easement as appurtenant or in gross is of importance particularly in determining whether an easement has been abandoned and the effect of such abandonment. An easement is abstracted as follows: 2. E.g., Scott v. Moore, 89 Va. 36A, 37 S.E. 342. �,017 � o ��. � �� � � � i �..... a a_.•w�. .._.. rr. . J...n ......v.w..v..a.... ..ar.+w.. .. ..._......... ...Y,.w.fL.. y...a .. .... . .. y. �uL ..n.......�... ... ._, ya•Vn. ... ... .. r. ......emu _ .. ,.. ' ..,,...�.w "T F •IF 'iE"x• �• _JC � �E• �• •�"�"x"lC -!C _x• F 'K' _x_ '�' •�' •�' �"'x"x• _x'•7c '/��..a.. / .. r a #3110 ' FRED;L. GLAIZE, III • T0: RIGHT OF WAX :� C & P TELEP�IONE COMPANY FORM b77-V sou 4A FACE 522 Rentived of The Chesapeake and Potomac Telephone Company of Virginia One Dollar (;1.00) Jr ern::iJeratlah of which the undersigned hereby grant and convey unto said Company, its successors, assigns, le',%Ce3 and agents, • right of way and easement to construct, operate, maintain, replace and remove a rosmounieailon eysteas conr;tstinq u! such poles, fixtures, guys, anchor:, wires, cables, buried cables, buried wire::, posts, terminals, location mark.r:•, conduits, manholes, and other appurtenances, as the grantees may from time to time require, upon, under, scrcLs ao0 over the land which the undersigned own or in which the undersigned have any interect• said .land being lo•�ate'd ant dc•.rribed as follown! Property located on the Gast side of 1 oute 664 bounded on the North by thQ pro2ertVof Ho l PrinzV Mission S 111 r n on the Sout —6v �•_•� i outs 660. The uhesapeake and Potonizic Te e ho ne cOm-panv. at its own ex en_sg, x will relocate anchor csuy for any luture davelopment by property owner. Uistrict of Stonewall , County of rec eriC , and State of Virginia end upon, under, along at Doer the roads, ::treat:: find highways adjoining the ::aid land, together with the following rightst Of ingrcr+ sir., egress over, under, find across the lends of the undersigned to and from -aid systems for the purpose of Pxe•,:.c+, the rights herein granted; to open and close fence!., to /gut down and keep cut down all trees and undergrr.t i.h rlthi,i 5' j feet of ;:aid system: to carry in sold :.ye.tem the wires, cable:, circuits and appurtenances o; any otner Companv; including all electric wires; said :.ystem being located on raid land us follows: Place aerial Cable in Power Company easement shower on Attachment 'A'. !� ttac ment -ma e a Dart here —of. Post Office Adresm: ai Witness 1 hand and seal this _ 5 day of JV114 ` , 19 7 3 _ ! ii Witness: �Qfi/1�•1•� �... Q Witnenas Witness: (Seel) State of Virginia, County of Frederick , To Wits i.—Marmjn T.- raarne.r , e c of the State of Virginia in and for the Crilinty aforesaid, do hereby certify that re 1aiZe, whose name Is signed to the within writing bearing date on the day of y 197l ha:; acknowledged the same before me in my Colin V end State aforesaid. Given under my hand this �5 day of May , 1973. Notary tPublic ►b commission expires 19 day of Jan, 1976 r I.ei R ; 2 Y � O rsr.L .523 0 PRO P EVry . o �I FREO G t,.9k I m E f � 11 i Ri 664 41 . v 1 AT Ar_"MEN7 A ft a. t ©©© DENOYGS WCATION O RIeW 07 WAY 1o, EASEf E.W'r FOR. CHESAPEAKE tY P®TOMPC- TE�_EP"ONE compAN)( o.r- VF11. TH9 CHES, AND POT. TES,. CO. OR VA. PLAY TO ACC%VANf Y R / W AGREEMEW _,j v- I�E �.I WSTMCT DISTRICT STONEWRLL_ COUNTY, PERMIT NO. SLb�C - ®P Z PR 2.O1z46R I ' VIRGINIA FREDERICK COUNTY, SCTf This InstrumWt of writing was produced to me on the ,.,, day of at / r��,,,_..w �Y,,,,e,,,, and with certificate of acknowledgment thereto annex as admTttad r to record. :IS, r fat i t �k ^..._.._...e..^.._L"��:�—..�_"'=-'--..r.._... �._�_+•,.._--w..�-_-... :. =-r-'_ _.. ..._._...;.. ___.. �"'..'_.: �..,__.�._ ..�._.. .. _.. ._... _.%_ ._.._ ,.__._.......___ _.__-i^....._._.._.___. ... .-.r�Ra_'_,.'__'a':-M:..^.3TS:r..y.'`--'�.a.�. #1262 JOHN H. LANDBACK, ET UX # RIGHT OF WAY NORTHERN VIRGINIA POWER CO. � RIGHT OF WAY AGREEMENT i For Maryland, Pennsylvania and Virginia Only f p I/we, the undersigned, in consideration of One Dollar 1' ($1,00), and other valuable consideration, hereby grant unto Northern Virginia Power 1 ' ICompany, its successors and assigns, a right of way for the purpose of constructing operating and maintaining an electric line, including all necessary poles, anchors,ij wires and fixtures, over and along the property which I/we own or in which I/we have any interest, situated in Stonewall District of Frederick County, State of ry�G -Virginia., and and acquired by me/us from Bell together with right of ingress to and j egress from said right of way at all times over the lands of grantors; said pole ki i� line to be located on the land of John H. Landback beginning at the property line of The Catholic Seminary and going in a southerly direction to an existing line on said grantors land. Also beginning at the end of a present line on said grantors I jland and going in a southeast direction to and angle thence in a southwest direction to the Frederick -Clarke County line (The Opequon Creek) and to permit the attachment of wires of any Company or persons; and to trim and keep trimmed any trees alongside of said line sufficiently for the safe and proper] operation and maintenance thereof; ,I said sum being in full payment therefor. The Company will relocate poles when necessary to conform ;f to future operations of the undersigned; and will pay for all damages to fences, crops, and livestock caused by the operation, maintenance, rebuilding and removal `of said line, if notice in writing is given within thirty days after such damages are suffered, otherwise it is understood that such damages are waived. Witness the following signatures and seals this 12th day +" of June in the year 1958. WITNESS: 4 G . ROBERT WOIFE G . ROBERT WOLFE State of Virginia County of Frederick to -wit: ij JOHN H. LANDBACK (SEAL 11 FRANCES E. LANDBACK (SEAL) I hereby certify that on this 12th day of June A. D., 1958 li before me, a Notary Public in and for the State and County aforesaid, personally ej appeared John H. Landback and Frances E. Ls,ndback, his wife known to me to be the persons whose names are signed to the written instrument hereto annexed, bearing A date'the 12th day of June 1958, and this day acknowledged before me in my said "pounty that they executed the same for the purposes therein contained. ( SEAL) VIRGIN A' 'FREDERICK COUNTY,.(SCT. Given under my hand and seal this 12th day of June, 1958.'! G . ROBERT WOIF'E j Notary is My commission expires November 21, 1960. This instrument of writing was produced to me on the 28th;: I day of August 1958 at 3:30 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. f� AL l �9.iL , C LERI . I STATE OF VIRGIN IA COU1'4TY OF FREDERICK., to -wit: I hereby certify that on this 24th day of Oct. A.D., 1946, before me, a i`otar Public in, and for the State aforesaid, at large personally appeared H. E. 'Y'untz ing and Clara -L. Yun'Uing,.his wife, known to me to be the persons whose names are signed to the 1writienlinstrument hereto annexed, bearing, date the 24th day of Oct. 1946, and this day la'Anowledged that they executed the same for the purposes :Jbefore me in the said County I :V1 fl, .. . I therein c6litained. Given under my hand and seal this -24th day of Oct. 1946. C. E. BABB ivotary Pubilc My comma ssion _expir es March 15, 1047. FREDERICK COUNTY, (SC T. "This instrument of writing vias produced to me on the 21st day of Jan. 1948 at +10:45-A. Ift. and with certificate of acknowledgment thereto annexed was admitted to record. qg �j (CLERK;) J A *Mw #77, Fa` N1 E o BELL ET UX TO, ii't.o0 0o RIGHT OF WAY I've r, 'N-OkiERY VIRGINIA PONE COMIPANY RIGHT IT OF WAY AGHEL11.111M �GINIA UGLY FOR AMARYLAI�D. PEiMYLVANIA A!�D V!, I/we, theundersigned, in consideration of One Dollar ($1.00)' and other 'valuable 0,cu s idtl`on, .1 -hereby grant unto Northern Virginia Power Company, its successors and assigns era� a right of way for the purpose of constructing, operating and maintaining an electric lie, 1(11411 includ,,ing all necessary poles, anchors, wires and fixtures over and along the property *h1dh1/we own or in which I/we have any interest situated in Stonewall District of F�ederlck Ciount State of Virginia, and acquired by me/us from said' pole y line to be located on the Bell land and comes in a Southernly direction from the Hotel land, and runs to fork of road and on to the Bromley land. Also on road leading to the Bell V,home are 2 stub poles and anchors, & from. last bend of road to the Bell home, line }k,+ $�Iruns in an Easternly direction on the north side of roa4, and to permit the attachment of wires of,any Company or persons; and to trim and keep trimmed any trees alongside of ;said line sufficiently for the safe and proper operation and maintenance thereof; said Sum 'be ing in full payment therefor. The Company ,will relocate poles when necessary to conform to future building operations of the undersigned; and will pay for all damages to fences, crops, and live- tock on said, right of way, caused by the operation, maintenance, rebuilding and removal, if to aid, line if notice in Writing. within thirty days after such lama s a ge is given re �t,��'dE���A',�`a"''d � S ��Rr,u'�`.d��9 yi`'d k en, }' �sa.CST I' t��J�R .,�L.',. w";6: .' r< r �'':. `?., ,,.. "' :. 9'�. ,:,... .. , i +.. ;' , .r , 0, suffered, otherwise it is understood that such damares are waived. etr Nitness the following signatures and seals this 25th day of Sept. in the year 1946q WITNESS: E . BABB Fh�ANK E. BELL (SEAL)' Ca E. BABB ROSE E. BELL 'SEAL) STATE OF 'VIRGINIA COUNTY OF FREDERICK to -wit: I hereby certify that on this 25th day of Sept. A.D., 1946, before me, a Notary Public, in and for the State aforesaid, at large personally appeared Frank E. Bell and !Rose E. Bell, his wife, known tome to be the persons whose names are signed to the written instrument hereto annexed., bearing date the 25th day of Sept. 1946, and this day, 18tckhowledged before me in the said County that they executed the same for the purposes therein contained Given under my hand and seal this 25th day of Sept. 1946. C. E. BABB SEAL Public iiotary Y�y commission expires March 15 1947. VIRGINIA FREDERICK COUNTY, (SCJ_* This instrument of writing was produced to me on the 21st day of Jan. 1948 at 10:45 A. M. and with certificate of acknowledgment thereto annexed was admitted to record. CLERK LL .*w, w.** V #76 -Ile el E o RE To LbS ET UX TO DEED W. BYAN 'ET 49. hI D-E-E T- -D made and dated this 21st day of January, T JP11'fi e en George E. heynolds,a -Dorothy F. Reynolds, his wife, parties of the firs X part and E W. Bryan and Blanche L. Brya his wife, parties of the second part. JI -S-E-T-E: q�,ip 41"'.11 kl That the parties of the first t in consideration of the cash sum , of,"en ($10.00) Dollars, and other valuable considera n paid and to be paid ;as her ihafter rocited9,by. the parties of the second part, do hereby ant and convey ,with',,general warranty of title, unto the said E. W. Bryan and Blanche L. D his Vkf e'.. for their joint lives, and at the death of one, to pass absolutely, in fee simple It tip thiepurvivor,, his or.,her heirs, and assigns forever, all of that certain parcel of la 44 411.� T., A 6 IM 0 is 'r Farm 29-�'6 Rev. 4 1 6 S e I s #1948 Jo Ho ABACK., ET UX TO: oo ea R OF W POT.OMAC EDISON CO. OF VA. , 14,s63 �OGbS� OF WAY AGREEflBE6` T [ or Mary@and, Pennsylvania and Virginia Only KNOW ALL MEN 8Y THESE PRESENTS, That for and in consideration of Ten Dollars 0 10o00 and other valuable consideration, cash in hand paid, the receipt of which is hereby acknowledged, woan H. L ndback Frances E o Landback _ and Ixv4M Vbrm L+ his wife hereinafter called the Grantors, do hereby grant untoTlfE POTOMAC EDISON CON11'ANY Of Virginia �— ------ -- ----- - --- hereinafter called the Company, 'With general warranty, an casement or right of wuy _$Q ject L+ so9 _ °) wide over, along and upon a certain tract of real estate situated in Stonewall � Eder ck County, State of Virginia - the said trace being the same real estate that was conveyed to the said Jo Ho Landback and Frances _ Ea Landback, his wife--- Ro.sa Eo Payne Bell, widow •---ilc�a�u�� by deed dated the lSt day of June 55 - - 236 , 19 , of record in deed boob No. Page S67 of the land records of Frederick County, State of Virginia ' together with the right of ingress to and egress from said right of way at.all times over other lands of Grantors, the center line of which right of way begins at Station No.-.. 160 + 07 _and eutends to Station No. 197 + 26 on 'the survey line of the Company,as shown on the Company's drawing 15224 No and is more particularly described as follows: Beginning at Station 160 + 07 a point in the property line of the Grantors and Holy Trinity Semanary and extending in an easterly direction to ta HolyStion + a point in the property line of the Grantors and Edward L. Cooper including the right to erect and maintain 19 single pole structures a anc or guys as shown on said drawing. Cutting and trimming rights shall include all trees anc' brush 40 feet on each side of the center ine oai e sack'— emen , a o a o'M -.feet in width,, - — The said right of way is for the purpose of erecting, constructing, reconstructing, maintaining, repairing, operating, and removing electric transmission and distribution lines and telephone wires thereon, to consist of such poles towers struc- Lures, wires and other equipment and appliances which the Company may from time to time deem necessary, The company g�Id shall have the right to clear and keep clear said right of way at all times, to remove trees and underbrush therefrom by any ' l� method, and to cut and trim, and keep cut and trimmed, all trees outside the right of way that might interfere with the safety, 8 proper operation and/or maintenance of said lines. The above referred to `.hawing, showing the tight of way together with e to sufficient data to properly identify it, is available at the office of the Company. d The compensation heretofore set out is in full satisfaction for all damages that may he caused to the Grantors, their heirs or assigns, by reason of the erection, construction, lawful operation and maintenance of the said lines; provided, how_ L,, •� ever, that the Company will pay for all damages to fences, crops and live stock o ti n said right of way, caused by the operation, maintenance, rebuilding and removal of said lines, if notice in writing is givers within thirty days after such damages are > suffered, otherwise it is understood that such damages are waived; and, provided, further that the Grantors may not erect 0 $ buildings or other structures, except usual fences, within the right of way, but shall have the right to cross, recross, pass' d I $.over and upon and farm said casement or right of way continuously with the understanding that such use shall not interfere a Q with the use for which the right of way is acquired, and with the understanding that the Company shall have the right to open I .4 ;.ay. said fences for proper purposes, but keep the same closed when not necessary for its pro per purposes, aITNESS the following signatures and seals, this -- _I i � September 1969 ' WITNESS: day of in the year J H. Landback (SEAL) a.c,3 Frances E o Lan ack (SEA 1.) (SEAL) (SEA1.) (SEA L) r+i I (SEA1.) (SEAL) xt y • 4 'ZI 0�<9�eN L �nr, 94r, „ I 4p -Illy v� o i ;;J, . .��6v- 9 i a3 �. 1. Ilk, • � �� � ` �r(,�� 1 � ♦ ./9 .may ..�IVq� �J , ..a•, � r ' 4 Via„ 1 O 0 ' 0 0 9 PACE 171 N ; T '= 1 i . a--- U S . T. o`er IC, I� ry✓ �• d m I /74,p9r� 7 �. rn c� /` ,4 TCH ,L I w IE /76�f7 /7.6--y6 COUNTY, 1 v SCT. / Q ylRGl A FREDERlCK -educed to me on tl1e•-•--`•---•-••day A'a, instr en f v�citing boas 7 .trod With ccr►�ficv::; cf ... ®......1 . ��... rd. And addilivn,acknowlegment thereto'annexedwas admitte o rec jay. paid. l 1' p a 1 - -P." ��® perk i Cr '16 cW #240 ^ ES WM4 So HUYETT ET UX I TO ' RIGHT OF WAY # -� 4 ; THE C. &a P. TELEPHONE CO. 2 ' C�v . ��' $1. 00 RECEIVED OF THE CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF C,P-, ' . VIRGIA?IA, One Dollar, in considerati�-n of which we hereby grant unto s.id Company, its ''`r•. successors and assigns, the right to construct, operate and maintain its lines of tele- " 'phone and.telegraph, including the necessary poles, cables, wires and. fixtures uoon, over ad . across the property which we or in which we have any interest, in the District of Stonewall, N'y County of Frederick, and State of Virginia, and upon and along the roads, streets or highways adjoining the said property, to permit the attachment of the wires of any other W' i company or person; to trim any trees along s-_'.id lines so as to keep the wires cleared at least 5ft with the further right to cut down all trees that interfere with, or which in falling might damage, said -lines; to erect and set the necessary guy and brace poles and anchors and to attach thereto and to trees the necessary guy wires; said sum being A received in full payment therefor. The Company further agrees to oay the sum of $1.00 per ooTe and guy on said property if and when the lines built the Company also agrees to pay 4; any damage to fence or crops, poles to be located in side of fence line adjacent to East '. side of highway. i .. P. 0, Winchester, Va. R. F. D. x '`Vintess our hand and seal this 2nd day of "arch, A. D. 192P— j` r `t , u { 4 1� 1 k S. HUYETT (SEAL).;3 �. "aY " HATTIE C. HUYETT ( SEAL) STATE OF VIRGINIA COUP TY OF FREDERICK, TO WIT: � I J. E. Jordon a. Notary Public of the State of Virginia in and e for the County aforesaid, do hereby certify that Vm. S. l-iuyett and Hattie C. nuyett whoso:names dre signed -to the within writing bearing date on the 2nd day of "arch, j 193', have acknowledged the same before me in my County and State aforesaid. 1.,��z uiven under my hand this 2nd day of "'arch, 1933. i M, ley commission --expires 9th of June 1933< , J. E. JORDON NOTARY PUBLIC. VIRGINIA ;r I� FR ERICK COUNTS SCT: This instrument of writing was produced to me on the 9th day of �v u'e 1933, and with certificate of acknowledgment thereto annexed was admitted to 4 !fie; i i {r��f Opeguon Ridge, Sections I & II Stonewall (R-1) Fred L. Glaize, III �•-'`� BOS Approved: 12/08/76 �/ a