Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Russell's Paradise R-3/9 Stonewall District - Backfile
M � 7 January 16, 1976 Mr, William E. Russell Bob' 44 Clearbrook, Virginia In RE: Building Permit _,40. 2610, Russell's Paradise Division Section No. 3., Lot No. 5 (corner lot) Dear Mr. Russell-, Your application for a Building Pevnit on the abovementioned property cannot be approved for the following reason The dwelling (421) with carport (iV), as shown " your Plot Plan, cannot be located on this corner lot and meet the side yard requirements of fifteen feet (151) minimum (Section 4-5-1) and thirty-five foot (351) minimurn (Sec-- tion 4 7-2) as required by the Frederick County Zoning Ordinance that was adopted March 13, 1967. To the best of my knowledge the following could be alternatives: a. Apply for another Building Permit for a dwelling of not more than fifty feet (50') in lengtii, or b. Make application to the Board of Zoning Appeals requesting relief of Sections 4,5-1 and/or 4-7-2. Should you have any questions concerning the above, please contact me. Sincerely, COUNTY OF FRI"IDERICKf VIRCINIA J. William Riley, III Zoning Code Administrator CC: J. 0. Renalds, III; County Administrator Blair Webber; Director of Inspection Enclosures RUS, �E S K..R `;U I Si, S UZI D. 1 V I S 1 (1,N STONEWALL MAGISTERIAL DiSTRiCT FAEOER ICK COUNTY, VIRGINIA SURVEYOR'S CERTIFICATE; THE HEREIN DESCRIBED SUBDIVISION IS A PART OF THE: SAmF LAND THAT VAS C C N V E Y E D TO A(N: :++1!yr:! :�^ _iS"SEI f agS ;r:i # sF;r a t? TLERS i � E La r � ?+ ! � �: s '� • � iJ '. • t g Y f? �E :s' ] � � � A C� A E `1, t 1 � r! _ i � � ,... C; : f' it I �' r � � i_ �.7 ` ('-, v � � : � �;� . I T,<E SrC: � _ CT F l LEEK CI' _r,T L,f 7,Tr--. P I C K 1N I A L. C1;SP.ER'S CERTIFICATE: THE WITHIN OESCRIEEC SUBDIVISION AS ~IT APPEARS ON THESE PLATS IS WITH THE FREE CONSENT AND Its ACCGRCANCE WITH THE DESIRES OF THE UNDERSIGNED OwNERS, PROPRIETORS AND TRI:STEESs 7!z �o-»�.—ne�► .w�/, �/.i,.-�S �Ji�1� 4d , . Bey �ir UISAPPRUV�k N `'I VI�.It,Tr,..L +LOAa. ..a 0_', AN J.I�L V �"' BASIS AS TO TNT LOCATION OF THE I VaTER SUPPLY AND TE INSTAL.—T ATIOii 0" S viAG I3 SPOSrL SYSTE.l�.. �v'ILLL4.1%1 H PAT s: r D, 11%13. DATE DIRKTOR, LORD F'A F ' n�ALTH DIET t Act-,- f rl . �ltq A? L 5 'A17? COUNTY OF F RE DEP I CK $TAT OF �J I RG I /' i TO W I�T : A NOTARY PUBLIC IN T ,E STA ANC COUNTY AFCRESAiC DO HFBY CERTIFY THAT HAVE APPEARED 6EFOPE ME AND ACKlNOVI.EDGED THE ABOVE VP ITING. GIVEN UNDER MY NAND THIS 1() 1±11 DAY CF J,tQr�3 JICNED NARY PUBLIC '.VY COMMISSION EXPIRES ON THE DAY 0 �fL . tQ�� V o _ b � c„ i^ k ` \ v� at- 2. / o -3 -,F- / 975 RCIII&e.l �r-Z4-73 G£ Nt R A L NOTES ALL L.CT CCPNERS AT-E "ARKED BY IRON PINS, I tic A' EAS Cv ALL LOTS ARE 25,000 SQLARE FFF-Tf EXCFPT CiHERF 01-.ER:' ISE SHCY+t1 WITf irC LCT. Y., 3al 130. i 8, 3 7- T /-- 0 V V ry V1 tv V p/S PRELIMINARY PLAT OF RESUBDIVISION OF A PORTION OF RUSSELL'S PARADISE SUBDIVISION, SECTION 3 AND SUBDIVISION OF A PORTION OF LAND OF BOTTLERS INTERNATIONAL, INC. LOCATED ABOUT 3 MILES NORTH OF WINCHESTER IN. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA.. HICHAftD U. GOODE CERTIFIED LAND SURVEYOR JUNE 29, 1976 NOTE: Lots No. 1 and 2 are part of Russell's Paradise Subdivision, Section 3. Other land is. owned by Bottlers international, Inc. Mr. k - C. C Gunter who owns Bottlers International, Inc want to close foot reserve strip and give Mr. Russell Lot "C" and sell Lot "All and Lot "B"r. T T A, A) LoT No. 0 7;, ev A, N 1ri V T, A0 PHELIM1NARY PLAT OF RESUBDIVISION OF A POitTION OF 4USSELLIS PAUADISE SUBDIVISION, SECTION AND SUBDIVISION OF A PORTION OF LAND OF BOTTLERS INTERNATIONAL, INC. LOCATED ABOUT 3 MILES NORTH OF WINCHESTER IN STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. dai a, " RICHARD U. GOODE CERTIFIED LAND SURVEYOR JUNE 29, 1976 NOTE: Lots No. 1 and 2 are part of Russell's Paradise Subdivision, Section 3. Other land is owned by Bottlers International, Inc. Mr. A.. C. Gunter who owns Bottlers International, Inc. want to cl�se4i� 25 foot reserve strip and give Mr. Russell Lot "C" and sell Lot "A" and Lot "B". C' e O) d'" qj { / PRELIMINARY PLAT OF RESUBDIVISION OF A PORTION OF RUSSELL'S PARADISE SUBDIVISION, SECTION 3 AND SUBDIVISION OF A PORTION OF LAND OF BOTTLERS INTERNATIONAL, INC. LOCATED ABOUT 3 MILES NORTH OF WINCHESTER IN STONEWALL MAGISTERIAL DISTRICT, F'REDERICK COUNTY, VIRGINIA.. di V , &Jx RICHARD U . GOODE CERTIFIED LAND SURVEYOR JUNE 29, 1976 NOTE: Lots No. 1 and 2 are part of Russell's Paradise Subdivision, Section 3. Other land. is. owned by Bottlers International, Inc. Mr. A., . Gunter who owns Bottlers International, Inc. want to close Q 25 foot reserve strip and give Mr. Russell Lot "Ct/ and sell Lot "All and Lot, "B► , r, Rt 4, 60% 13 N,4146ACAtCA, V4. 270 4 0 1 laxzm4y f, 191 r Rit.'"'ph Andet.4aft" I W"t to the tO",#,U*VlL4a wekn4rff 4^4 jind V"It tit 'Sixtif S,qot vtAlmmcf WXh It i4 letjgoth, 4)� the, detd betwicy. U44W 4o lanet S. Ls.,,fa. It 44 u - aeade.c' ','n Vetd $47 in SM The rk.:d makei kejotm--c' to pt-at "I 4WtV11 4'J-.,aR4? fP;-' r. it U oA M ate, pitotc cox�,#A r),( the '%44 arv� Ui�ha4d Gco-WA .SUAtVgY.. The, 4,�Xty 600t. &Zfit 0; way #*a* 44*4 4et'O'tth iK the Aadt Oj 4ate, "'t" #'!ft sottf-644 Inc. and Oth"A 's 600-t ttgh4c, 06 way 4nd tv id tntacly Rt. .1442t- V AU,le e*0 4nd I W,uz have no 9"talitem, 56,1-U A.-i " c 0 1 a" C', ,6 I h cu.. li �f*A kewe any que4t.-rOKA, PU44t q,bwe me e, a4zs Ar(oNrig �. , 3C r erijr'^min i si"t i or k:r.GR Ond Dutl, r iricI t:stvt ! Ir61nio e7601 r,e evrmiss if' I r11rJ not m akS my ftvel iogs knrren a to nur dey in ,..a l t• " i had v l wo y t' � 3 t } het t P a � n Y rC>;, ;._,3.f rt Ca t: +.tX't wi fa giuE them an ap,; or'tur ty to be f earcl . To bu forced tr `3tafric .f tgr:'lnice?. ruling so f';-r as I'm aGnc9rned oe nls& tNt ,.,r• of r1ghtn. o *n oin, l.e baarry fro~ t%;vnwy mil*!* up the lair hug: no more €;►zG►vIFiGC3f� ur exper e,-F in this part,Cular inatencs arowlH It rot be proper to ask ho, menu sptmtr �i In recent years? thr w6o *adp it porai&ol. , for payment *,o proDvity the x., tac'rr fpr�t��y!^s+ un, ofyr: tur' �ftp15.n£yi� a ft� *14 fi :. r. i, : flo CA,8 4 ... `'+�:.. i, to .. N.ii at a<4 .,Oi. 9 r.on* , rz� Iworth d410.��,1yVfi end � •�t! fa��y ►onta-4o with sane clenth ig ocitth over 42.,wi3tE.00e jMt f.& aqua' ax uqt etout this'? .`�t�xtr it)nul� hrttar* th people ba�Zisva this l it i.4et i,� � wp, of f. -eon's. v.i, ;a; .. .ot rasa. It beis r +. : '€ the" `aat ' brea t4 rat :;eat+t?. act It r `' ia�g?, I gave the 5tst r rg y630 front faat` cif' frc3r;"A" 90 0m t � tft.: �i',Ntt r"P i. Of their oritic-`, �. htt th t�.alltowm r 7`ike, iit 653, 1'�'�!!� o h* wj ogln� and the denA:xr^►us curves re.moupd. The first sRtzp was ,iclerita.l from �4t 661 to they front of our houto. fhoy left than cOv"r'ts and in such st ;`Mate the r we .,or* ra;ust»ant ly filling hacaausfz, of +4rosion, r' calla -wrra :..sroaaar1P. i until, i meets V",I,i.T sstjr'vi�y " , I :.:,, k owr rr�a�,erty in thr summer cf 1972. A c —so csmeF out anri 1 1*arnsd that they wais goi.n� to w1jon prat' vopays the �ellt:awn 'Pik* %-Or^. .Nt 11 to our Barr; in, 1972. y hev +setae to t+nprove the beat part r vQeot', rou only hove to ri '#5 the ,cute to the i frgini-N line _.;arstend what PT- *try inp,. , P• 'Ned w,, aavnrvga of` t hrep rsare a yeer , ,-tviiw thx o�:qh out fsnces. L1avengc r'a Fvr..O is knocked down at requ.ier r,f r ,If ' > , There have been a number of t c.;« trfenta nn this r ^nd, always t Vbl an 1 that +eet V fr l ,xa i tr;e. The pax ^ems respe�r�sibA ► F: i„ de;.'vion she)ulr' �,avio been citain far a*' rumosa , y we.ca i. ytnoted. xt :eHi-sr tth-Fr proolemc th,et ai►sie it nrevesery to r.s.'sa cap3.t.i1*i .e giaattec4 exxty- our .)ate, lttUxN1f', z!s go:*Wirto by county low sn°1 the plot. was turned eawn by d r s willimme of the H"61t.h Oat'art.:mant . �! f, Mr* 41oti,pomin kutior Anch9stors VirOnla P ,A W., - th 19 0 -" 9 715 told �'-r. Nuessil, c;u% i.)-'Pyart that helo *;�pravo if tne 'Wtu warm a -ads 10005q. wur attarnov, h. COhans ativixed us t.:,, C9,*#11yj then f110 ror reeress, snd capriclous act."tP by or, �11L:1'08 cavqr'�, us to let* 32ti,000 qquar4 ?out or mit'hly 6 oar**. pramptacl our, rV!umal af rolet-se a* read fronta4a. V.10) qaw� *evzmw,,t prior to the W* Im i4y rf 1971. TI-a recox-1 Clea-l' qhow!y this. st!ll 13wr 11'5 ffivron and frontagof thst. Saltmd'"Y thv� A111 mint. Thmy*li qm tne here way, 31n-f','- 1959 on ntimeraws -ifirlans biv:i exposad to rmny '-11-cr-tpetarls dearl -'1--,vktPd gavorn-vnnt 4*npjoy(.os. This iv !)ut C Act In a Contimilog sarlftl. v.v have, bqt"Ift flarcemi to liquIdAto '—, * r This mny n*t io your vmcl —1ri-ial �mnd comp; -?,my civets onrier Jurors. ;0 t!' $Sia o, t of t Od-my i t Inn t i aft. fe, 4 fa -r - tten iir itr Sri I e,!.N r ")Inn hS9 OMM r.,# -Jur-1 nrr. hiss it, h�31r; w A 4. They hr-P-rd only one side of thu story. Thli fij,A and'--nt "','ol.v mom- +:--v rlfcisior to t.h* gallinq jpvrt. Pf-, i travel wilely thrau!;heut th" U. urtrl navie fcr --!iihv years to' & Ible in, thvv Rand as to !t-'6r"ec", of the law, T Ckdo moat ly thorax in t1hoir tmvm3 and twontiits. It 9houltj bo of q r tf; t concern to th�, 41p;;'O rind courts Omq :sell ag tr than '?aaptETe I believe though of nqUal, conz:Orn ahcj..Jd 6o thlj rurtaer ..fianry In ='ttituclb anti View point of pqr�--�Ons such Re ;aysslf. oi--j ear, wpgj evvy the ^14htlett 3t*n,,w with Out a Conotent I P "I In JUBtICO VW',' th�tl L4L.,,n1 treatmont, (4actrine Nsia over thr remt erac�n�i '-,.y a Considereb1c dvqrec. \V/Fho cAey wvy teuio have been to fale. i'm met is camstltutao. i: very sh r J.J. L M jj P 14 ' Q V J t- A djWf� CS t think 1"11 aQf-"jY$ lvtry Viuly yvtjr&, . for ", , . . . t . „ C 14 Jung 1.0, 1975 f -us S P I t, "I , C"o x- 44 ".A&arbrook, Virginia 22624 1;1 5, 95 - 'It 4 F 0 - ori(;.inol plat qJvPn tr, vrju to he used be e quide by �irkltind showed sr-,ecific right of wcys whL-J,, were to be followE�!d. Di t- n butlers letter of May 74, 1973 says thFj metes anti bounds are exactly the same except that ttp Lane, was divided into lots. Thi5 Is not true with Lot '7south of the house c-losImo, off our nf + richt of we to cur other property. ime were not furnished as plat when LA996 Of 08dication wP3 signed. a dmipanded upon you to see that right of wey to our property 0,:7 the w6qt side of ton ralFid was in conformity with OUr preliminary that if� clased tne road rv) thi-4 north silo of the hours -:nies and left a 60' right of way on the south, side of .r'.o 'v),-tsf, for enress. not n:,tn that AiTk, fanti h;,,0 dosed off ukjr righ'-. r,f alay ny nj I-Ot --,17 :.icrns% t1he 60' right of wimy. Tho Intz,, were to be 100' x 250' or rourhly 25,000 squbve feet. Lot 7 has 40,845 squarp feet, the modItional footaqe from our fight or The right of way Is necessury and one that wag rrutuell�,,j agreed upon. would appreciate Irarning of your Intentions. we'V6 wowed together for a Iona time ei)0 I horm thmt vj,- ran sattle this in en l-,aulu manner. �1.11 lie ;?,.way until Friday. will ,;(;a you ther. iropv of lien's latter of May 24t-h, 11173 is attg.chad, very truly yours, Alec C.. Gunter k L G I C, L; 9 Mr. Ben Sutler Jung 1.0, 1975 f -us S P I t, "I , C"o x- 44 ".A&arbrook, Virginia 22624 1;1 5, 95 - 'It 4 F 0 - ori(;.inol plat qJvPn tr, vrju to he used be e quide by �irkltind showed sr-,ecific right of wcys whL-J,, were to be followE�!d. Di t- n butlers letter of May 74, 1973 says thFj metes anti bounds are exactly the same except that ttp Lane, was divided into lots. Thi5 Is not true with Lot '7south of the house c-losImo, off our nf + richt of we to cur other property. ime were not furnished as plat when LA996 Of 08dication wP3 signed. a dmipanded upon you to see that right of wey to our property 0,:7 the w6qt side of ton ralFid was in conformity with OUr preliminary that if� clased tne road rv) thi-4 north silo of the hours -:nies and left a 60' right of way on the south, side of .r'.o 'v),-tsf, for enress. not n:,tn that AiTk, fanti h;,,0 dosed off ukjr righ'-. r,f alay ny nj I-Ot --,17 :.icrns% t1he 60' right of wimy. Tho Intz,, were to be 100' x 250' or rourhly 25,000 squbve feet. Lot 7 has 40,845 squarp feet, the modItional footaqe from our fight or The right of way Is necessury and one that wag rrutuell�,,j agreed upon. would appreciate Irarning of your Intentions. we'V6 wowed together for a Iona time ei)0 I horm thmt vj,- ran sattle this in en l-,aulu manner. �1.11 lie ;?,.way until Friday. will ,;(;a you ther. iropv of lien's latter of May 24t-h, 11173 is attg.chad, very truly yours, Alec C.. Gunter k L G I C, L; 9 Mr. Ben Sutler N PS•'KFY I 14 1-67 AND :0 It NCYR AT T.+W WIN(. HSSTMR,VIROINIA .2-i601 11 S111;T11 CAMP.ft,1N SY RFF1 July 17, 1975 Mr. A. C. Gunter Box 108 cde rbrook, Virginia 22621 Re: My File No. 2802B Dear Alec: Arir.. (•+IDR 70 1 f,(,2 3481, Bill Russell has requested that I respond to your letter of July 11, 1975 concerning the right: of way over Lot 7, Section Three of Russell's Paradise Subdivision. E,_11 contends that he did not agree with you to c,:tend a 60 foot right of way over the northwestern portion of a :at is now known as Lot 7, Section Three. The plat drawn by Richard U. Goode and of record in Deed Book 403, at Page 665 shows the 60 foot easement centered on Jones southern boundary line as outlined in red on the plat I attach hereto. In essence, it shows the right of way only along the northwestern boundary of Jones property. Bill Russell realizes that you wish to take cattle Lom your field behind Lot 7 over across Road 663, and in order tq+ accommodate you, he would give a right of way which would be 20 feet in width along the northwestern boundary of Lot 7 as marked in orange on the attached plat to join up with the 60 foot right of way as shown in red. The condition is that you pay for the cos+= of survey and recordation of the easement. Since he already has this property under Contract of Sale, your decision on the above will have to be forthcoming prior to July 26. Please let me or Bill Russell know if the same is agreeable to you. Very truly yours, McKEE AND BUTLER iA r R' + (7, ; C/) j BEN -IIN M.. BUTLER �B.�iA:smb 1tt coK 0 ; nclosure k� 4 1� N 'fit.. iA )-T 1 � -7 cc' -Mr.. William E. Russell a. k 'J I &d• 19, 1975 �`r. renjamir! ';.utlp.- ae and butler 11 5. Caar sron It. A.r...,P�Ptc r, , irolnie ?2F:r.1 ;r the dead of 'edicaatlarrk �,. tar to rscelvinr the r.c,E,aplataad yvwr liAtar f,-f .:,uy 74, 1973 €axplsatns this. U-'ur sealer uontrect wkjs 36 aas:ri,s- :�i> Ly four 1vte, 10C x 250, o <5#000 square feast. i o': , 7 contai;.,s ovtFr 40,000 areuare ;"Pet. l.hy' T easement (501), th,irt foot sin avch� side of � � center 1 ins- of ti t 16ur.' is c i.s<rly shown on thj6,, -1Af for hoa ire nr^_+ racroecas sulu fi u Oirt- hur c . � 1 rkland's Pat shows the n�sement bpjck to the gate West inUj tt?: ' iF:101 of our otm r prone. ¢y. �rEsv th,i l in(.- prior to the county ta"a nd for -5000 extra scuere feet. 1 C-Orlit that I Should have iabde a written objection to t:ha cost, ufr of i 11",,+e else ent by K irklend os surwiy but it sages so ohvicus th;A ease moat r1:r''et r1 ,a''-Y ss;r!r that i die, not do say. talker_} to z. ill a number oC times, Lie told me he did not Intand to 'cu noaf'P that it was M'irklanis L�fWt$ksq Tt wc-- -1 :at first -1brce sopea r tr!rit t l,�e lest vitas extendsd heyond the fare t'aat lotjZz? ins:ri u�S !rZir,urdxte intent. by rut�uirt ;•�+ r�ssrrt run only i57F fast on Lot 7 Pnd 197* ?ast c.n uonc-s' ol.at �; . tgrr,,t to bec3me� involuod in tns cost or li.t ip� :±.un, but I aeill t,yanrthe 5pFc,r e ens €wsHm nts shcjwn an the 'two T will cor-,test thq registering cif a deed :hat drag not nine ass»+ It; �f". i. t�: °' on in ^��' i lenttall.y b112. has put Orz:in tile in Wert of th& "C' 9?iee--nvnt I., front of thfi house on, Last 7. This Is not proper uncer tho circun€Lances. con, you were Bill's lawyer prior to doJnci wor;, for I make no cl"if for your services. If we cannot ngbt l e this out of court, I of-11 rnta�, f n oth*r r-,3u %B A hies f1tL ':y f"El1-4 T.1.?1CO `li. We have never ' PAC; a critter, t2Cnt-,aLf.. s . ac�rlaaamsn;a have been vesbel. I've pelt thiertj wc& suffi�ciont fv�utual tr,.sst to obv.ints a wrItten agreement;. Mr. Conjamin D"Alet McKee and 6ut1er winchostgrg Vs,. July 19. 1975 Page 2 I will be out Of tcwjn '�, I-k TI d 2; Y will be OV811abla at YOUC end bill's . �""jtfmismes vifter that. I faF-I mn nbIl.intion to pay for Virklane's surveyinc evrox•o. Fiery truly yours, IxI(Y-NXXXXIM-: V17XXX Rt.2, Brix 32-A Berryville. Virgi:n.iat 22611 ~r . !.�elljRmin Sutler Yoe and butler February 22i 197? ",out',, v&moron S)t. I rc. -.eo�-ter, v:, 22601 t) F *r Fran) .� I 1 was sho Aed to ues that Mr. Ralph Anderson, Silesr EA l�►u Anchestesr, ovnier of lot #7 next to the home we sold to itr;'- -ir -Jones, had put posts In the right of way to prevent :C*313 to ov -4, farm : and . You will recall from variour d6souselons and lettered in .Ju1. v of 197.5_. that T advised the dedieation of Lottr17 1youl��_- 101-tte�ateeci �P B'II� `�uieal�-re�ee� �o e�t�niC the �i�ht fx am i�rt,�re eho+�m qYl plot"oZ`1eTyomed �e�_ Luc prv,ery. ;e:s my _._.. __.. _...____._.._._. _ _ `fou '-Oalleed me 50MOla.e after July 19M 1975 ddvis¢ng that Bi,41 "ice _e. ��edtoextend 4i� .3t_. h! ._ ! Y�oi'�a> ._l�_L ??,..- but t�!&t it ahoulr be held to northern most boundry of Jones's _ ��. at, 1 _hAd_ Richard Goods _re�raw hied i�ht?`?�_ss--- _ _ �e T did nat ^',aok the deed book to see that the right of way re�lvl 3I,A . 3en. you will recall that I pointed out that Dill tAd put -t f}¢' lot `7a esentic field in the 60 foot right of �My prow fur acre -as to our flelde when we gold the home to JoT1*s. ; 1,l right of "y assured aeons to our fl-olds up to the ce,).rity Insisted or en addition5000 aquae teat on tF; '- 1d out on t.nte 32 auras sold to Bill. Thea lot $ie:e� for ;ras ' 5, 000 square ."set each. Lot 7 has in excess of laken partially by extending, 'cacti line of the the I '.title of way. _ trust that this can be settled in an Raicable manner. 1 b!: ;,1ve you know me well enough to understivid. that I will not be A-)-+,Ptciate your halp Hen. Yours very truly. Also C. Guntor T, It ATTORNEYS AT LA'M �VIX'C,HEZTER.V1R01.N1A .12601 11 1()ITTI* CAMF.RtI'N :OTtt),FT PF I F.It F •ICK F' 'I9I 1-a I March 1. 1977 C . Gun,(:!, Rc,ute ? , isox. 32-A i3err ville, Virginia 22611 Re: illy File No. 2802B Dear Alec: AREA Coal -03 Te..l.HpukiNs f q-4 3486 T, reviewed Bill Russell's file on the easement this past weekend and leave found the easement still in the file unrecorded. The reason for this is that Bill Russell and his wife and The Commercial and Savings Bank must first sign the same before it can be recorded, and by carbon copy of this letter, I am emphasizing to Bill Russell to come by the office and pick up the same, in .)T.*(%er to get it signed and recorded. With respect to Mr. Ralph Anderson, who owns Lot No. 7 and who bought the piece of property from June S . Ladd, I enclose herewith Ju,,}r . _Ladd's deed which contemplated the 60 foot right of w_ay, even thou_gh Uparenj!y *he right of way had not been recorded as of August 4, 1975. I Flo believe that in light of the same,the matter can be straightened out simpiy by recording the 60 foot right of way as drawn by Richard U . Goode, C . L . S . , d &'d J,..dy 29, 1975 and Mr, Whitacre can, thereafter, remove any obstructions to the rip,-ht of way. Very truly yours, McKEE and BUTLER BEN MIN M . BUTLER BMB. de ,. William E. Russell ,VICKE-F. ikND BwriF:R X'I-'10HIqEYk4 AT LAW NVINCTiRST1,11. VIROINIA 2260-1 tI gotatf AR�A Cwv, 708 TF&wimagn Heg-3484 M"Ch 7, 1977 14r. William B. Russell Rc,ato 1, Box 44 Clearbrook, Virginia 22#324 File No. 2802B Easwaen t Dear Bill; Please find enclosed the ruoeipt sh,,.vbicj recorelation of f--*O,ie -Casa ment.; alnfq with my hill for coo to adva--fcod in ;,C-Cordinq the name Very truly yovre, McXY.% and BUTUM CC r mr, Paec c Gunter Route ^, 32-A -,erryvi.,la, virginit- 24"(111. de 1h 3L r)'D A S U T)l`J • .1� i;onk 41.10, Jol A f L) C. WU F, Durit xLTH 0 PiCHARDIJ. GOODE `46) NO 41"; > ft) SUR'400�/ wl i,r,,wn Tjuly 29) 1")7' TJI a.rv�v or �;ertui fied Landc' General Notes 1 All lot corners are marked by iron pins, 2 The areas of all lots on this sheet are 25,00L3 square feet. Sheet 1 Revised of 5 sheets t Corrected plat of a survey of Sheet It of Russellts Paradise Subdivision, Sheet 1 of th .t o survey plat recorded in Frederick Co, Dees! Burk d{ „ ® 410, p. 270, is hereby amended to shots on& less iA o-°b lot than previously since the extra lot does not \ p 2 exist on the ground. \ Surveyed by y \ ; / d s It, VJN A $_ �. 4t, 'h . Surveyed March 8! 1973 Revised April 26, 1973 \ - '-Corrected July 22* 1974 � � r COU F FREDBRICK,, VIRG-INI' BY Ra and C: sandy, C ai �-eo Jj t j Fre Brick County Board ,of : to ee`v $vrs u BY - - @ �'X J. gib. Renalds, III County Administrator %,o r, IL .f.. i -G-aneral Notes \ 1 All lot corners are .,drked by iron pins. 2 The areas of all lots on this *hest are 25,000 square feet. iset 1 Revised of 5 shoots C6rrected plat of a survey of Sheet 1g of Russell's Paradise Subdivision,, Shoot 1 of th survey plat recorded in Frederick Co.'Deed Book 4109 p. 2709 is hereby amended to show one less lot than previously since the extra lot does not too �'' y v3�. exist on the ground. Surveyed by , A -Atz, kk qb4 -- 'Op" 2. C N r, Surveyed March 89 1973 Revised April 260 1973 Corrected July 229 1974 v a t � � o V\ IZ 45 s 0 tQ• o G rl M 0 tJ fgyti� � � 3 u REG. N0. 85A?, M 3 General Notes Sheet 1 Revised of 5 sheets 1 All lot corners are marked by iron pins, t 2 The areas of all lots on this sheet are 25,000 square feet. Corrected plat of a survey of Sheet 1, O� of Russell's Paradise Subdivision. Sheet 1 of thet rf` v survey plat recorded in Frederick Co. Deed Back F: \ DD b o 410, p. 270, is heresy amended to show one lesi lot than previously since the extra lot doss not iz% exist on the ground. ± surveyed by Surveyed March 8, 1973 `p Revised April 26, 1973 Corrected July 22, 1974 F N\ A � •a t -01 M N COU F FREDERICK, VIRGINiJ N � 1A"9' 3 O BY Ra on8 C Sandy,—Cliair n Fre erick County Board.of Su ervisors M BY ` J. tO. Renalds, III County Administrator E `�} \�' , A 1 � lk j~` krr1 i}{If— z - �-i -r a.'s'�.i.�+ i "[T^. .. -'�.,,itt^•� •.y .t '� !, r `k fa fool 0 too' 200" SCALE IN FEET 0�. c s "k Q 2 ti I. Li�.TJ • ! r.ta . L 6f�.n.s1. HOUSE „ ,;ar , ",{= , .,hs �o ,� PORTION :OF LAND OF ,.� - f A.0 GUNTER S 5v f r •/ Acre, ff'�Tf�y }1r• r� Z� _ -� ~` _ 4 4 Y �• 673 L tH g �� ,�l. 3r + yy t. .�y?. Lei 7•�"':>+ . _ � _ _ -- _ _ _- C Oil' SO S n 20 W 3� S. Z ROAD, N .fy Ye/fir �-^J.: ,31 _ �. -.. •.� ! - � � `-"i.�� y_ }� i ; r y give -tract of land , 3ocated.about 3-r:3.I� Nortk c�`_nz�s� fide West side :of RAad_:1'to. 661'and.=„678=feet Hart.i _a r,.oa deri ck`'Countg , -Virginias is bounded .as fa33cx�rs: � { np y"�{,+ { •_ it _ Q' 02 t�1S - 8$r a�d� of-r- S3 �r g �i'b y r� at a, on -peg, sa't point Reing tzd ,t..,...�� :. .•(. f3 :}}: [` . �.``. t � :. - �- -..s .. � T1..-., .. .. - . .�. � - .r►.'--� ti-t..r -r'�w✓-`�'S �; h therci T rttnej.ri_ a wither nar divi on i �l _ -'off j --' "�R a��i�... �`.�•" a �" '� � tea. � s3 `f9£:t. t © 2 } 8nt_ iron pe i ts�IezZC� : rt eY` ,? s- r c�.+W[:„':st-3r,=?T•"' .,=y - • 3 S-.��+'... yia.`��A �--.'x ��:.y --^4- -��%:s i' c •�,-`�-- � �- _• -_ :_mac r-,�'sa. 'r •' i�cxr'�,3 sr m n : t o (3 a po ,R � .�. tb rice. � i �' fr � �-r u+#" t-_:. .. - r _. K ', wsw.s'A 7�#CY�i;.•++r-,t •..qe•s:.: �.. ..-: - kf � - jtS w i on pmg tha i rS L ems. al ...sa` v.'�was,.�•a'Fu' -s _ - ,•.�,: SRe "'£'pry' N 33`;deg: 3Imin E 30 eet is iMan peg; theme £ s - .. ---.. ..dA' 03l.minz-. E_ 236.? feat '#a "�612-an. iron pe ,t de of Roa d ��o, 661, ; thnc s_ with 'e West sidear£¢ad No .I a- s.' tieg a �0^.ir,., ; 3 5 s feat t o - ofbeginning tre point� containing 19785 Acres Mors or less. r t`.4 i Ric ha rd U . Goode, Cep t'iw ci Eu°~s� r s. Jung 16, 1971. fl RICHARD U_ GOOD � r rt7 u NO. 412 SuRv +� � + zarra'as anry `��w�.am.-,:,..rn,.uam asy.. i. �-.kan.n- $.�• -az�. err �- tr~�-S' ,c��''". • T �, fix., ,.zy + i �,.,,•� "+-^-crc-.•c•-. �r'„F .n[rt$e -T -' w�c _v max.+ ..- •�rS.q.. y4,""_*�l? _ r. �.;�.'�::°•' _k "s�._.,.e4 .x�yh..',. ., ..�.x. .�'.,,s�'-'CS.- . 'ems .. ..?: �" .,mic, _ ., a _2':��t�:•?�'..,'� f'?�b � 1 • jj, , .. e , =-0s • Y-' . 3 .,: ', ,-t �' t+. a •: rt E '<s' ''i' $r -,i b: •g '�t..:,.r, i. r � S � r '..� 6r:. { ..i". 1, r, 411 4. y !, I •/ • i f;r �C7�:. {r t s. t ,r- •!'�, .lEp'�?.n F k, a t,i."Al ' , , :tt, Y•', I Tj7 - *:y" w%s '�� .'.�G, �„ ,�3 r•��t:p' ._. / rJ x>, rx ?. '� yq Sri rF L -t4 d�r t 6 }1 ta� �. :, .t-,.. , '•t I" .. ',: a S' Z �• O .�''"',t'- p>;..yy, tit _ ?y'` L'S>_r O x , cr � > O • C � / -- aka .. �, �' � �� �� � 4 -1 L•r I r,: {:a ° 's «S r.k �'3 7 � + � E ; i'l� xV Y •Y S`O ,r ,sal ,j;t tf, j i t � +�� ? f 0 s�/ :Iw1 a ,.�y�1 E�J.. Q t0 �� �"6.,• J �C�.Od -.: �� I IOp r"t �•^x e +a'�4 ','.{ �: �/ � .SAC r � ,tt r � ��� , .,'fit �x t'.t ! ' .': x• (irs �y� � " ` x•• Q r �� �� SIt TA;% 4 +ry / ,O ♦ . { r t `vtr. 3 ,'I'. tit �,`' , 4 6' ,%'' + Z { ` v !'" }, ,f i?G.0 •(,i+.7 ( y l a ip'a }n Ar,`( >ji r9, '� f .TbE'is�,� ":�!' tl. .15: 1��i : ,'. "4ylA-,Nv (/�-irt'•, ,.�ffP: TCf:: rS �.•' 9'tq ..}. .r , f. «3 •s:,�"•:' 1: x=:. iw. f:,.? t - /// f y���t,,.. �:3'•=_C'd }i f. 4 > ,fi •", ;::r (b + `,;4:rli, ! 'A` rJu , a -' /.7=. y .,t: ?'f G• �t¢'•5 i.. �':1.�rO tS i -I,i: 1 ?; ':",, 0► C;� � it T tfi,.. 3,i�Sf ja ♦ �i' •�. >�•'I�i `�' �, �/ es r l� •'• 1�: �. .•tf#' �{ ,5�r, r•"y4' - h „i.., srr }� xuy:i Q' p; �' t 1I '�}l"'3 {f C::i 4. 1 f- +I+., ,..y •' �} 1 PV Ik r fto 7l1a (A 1 0 r did. Od ' ivy �. it ,biu C� t r, fit, r .fix l: C F �U, �: ;,i'..♦ A' ♦� } S i , Epp tr f "'t,�, i'. i� 7 } & "� ';' ♦ t ' A'� p ,, '�P �i'•i, �• ,s5. �.� � .:'�:'i�+.,» �r� J ,� •y :� ....yy � ,{ ,1:' � !h.tyi ,irydjy, ,-�., f �Pi�� �3::��'i' " '�'�� '\ � 9 •' ',rr: (,+S wj ly( .. ,r. ^�✓�.. y, ..r;�w � '�{�: �',>, •?'°!'b, l �j .��: �+I. :f '%},mot`: �.t ,, ,J. � , .ki ... �,1�, v j / �' �'v '(. Y i'.rl t•V.n'�{, 7� I�.., � S. SS.v.:. f �:15 .�{ " •RJ 0 ,,,,,:9,. y. �.; ,--...... ;.i'!j+'1.S (: r {,''' ',S}:. i• "��, ff }. �S. J°f: "I�lti,, !� '' -r, (<r.;'. t .i... ,�'+'��^1 v11: ,. : y , ✓j f iNf 'i. I'4 s... it }P i F �� �r�{,i�F�M*-�e, r' .1. 'ir x, �"""^�+•� bi;. 3r:! „yhc�~��„L°'7't� tk� 'j r� .. •, �"""", �QQ • i. , +, ..."~�.-„--,,, .,,,, r-w �•�{.+,.�.,,,+�t+f, _('�' '! ,il YQ. .W.n: ,+��!.- „� fii %� n4'�••' �yi - I.�'"' OF y 's"YZ:y1'3- :�r�_•a�. +�G•�.^O IOQ t°,�G1 a y,� r�• ti} P. a r i , -" ' -r�'T '-,? �* t •t 1 s G 1!t +A .,+• '+. 4x y:r „r,7 "r 1 War, ,'. f V pi}t" �r ; � ,♦ '`""—„-..,. ��r „ , 'i � }ijp .' �r�:71`'f.)?���1� ti,}� %?, � F ? "'�"",^ }f*•;-.., .•. •• "r.'"""""".•.'-'* �.?, �'�'* wAIN , � �'4•:,�,.�,, w' _+` � `'"""�+ ..' �,,,,,r �''; p�, � �yj "�j �F'' �r' �+ ���"t r>Sr�jj�" '�• �+. •�t'a ,f'. ' ;.; ... •"^'M''� � � T"M"""'�-?n�,�y'•� �t� yP. � E � �, j.' , 41 � '+ ti � ' t 1 4� � �M� ,j''✓•�y �, k : '. d r f�. I � ,r' W >t6'. ?" � i - '„",�.•+„w ? 5" tc Y ' -i •�;i'•1 Y' 'tf V ,. u,.: ts-i; .. a 1�•,y :• �- V Y ,fi ,. W -n 11 t:, ,t; �„';', , , v Py .,,tI�F'}f:, �� 7 ��,• ",1 i \�rlv } _ 1' ick r ('{!''-: �'* \r Y'' -Pt } � At }14-1 - • y �V f `+�1' .' � 7 ; A'f. h� 7 �l r riih � ��' • j', 1 �.. t 'C: � �,.t � �l ,3 lit i, {/T�1jr '�1%, } • t E ') ' �yy } - ga{. y z� i ♦ , i is , �: , , {{ p ., S, Af,.. ,: ,. :. }.. .,,.:.. §¢rv. x.. .: �1 A ,. ..:i ,.. A1 :.:. >; ,,, 1:rF Pt. r...a i ;t .3• { ,a' t { ? f st is ,,. '�, ! r „Ve; „ F 4 .,�'!,�. b ?' ,s.,, d' `P' •f� ` + �.:=` � '` a , f'.v-' , ., i',? .1 :. �;.t ,..� ,<{:dd ,.ta. �: {,: ', +. ,rr .,1`i' -' �syp t ,.t.� J•iM: f. i t.'�'--''�P,� T• r.P ,.{}. �{.� ..�.,,. , ,,. .' , . ... .fit' • F = : r , . (, !'' ..}y «.,k 1 :•' t T7' .�b .!• . �i ' 1 Y ,t. '1"I „4 ../ hi.,,, p„ 1. .�.. , : . ,{. _ . - . O 1 [ y „W, F� ,. a<, ,� r. , �` t , •d , Ji r 'li 'P' ,+ c. ,-..,...•f. .:.. -..: ,�. .,..., _,. +f,+.,:.a,..�...r �., ,, sX .,;s.;. t�;, r`� .St �.''1;"t„x..�f'' ..1$*, {' pp{,ta. '. fi � .1�•�r.� !y, i ��4i ..Q; a '� �. .., ,Y .i.• .15. 7 cS ::�' - 's•. � ,,:: kj- ,� 4�:{ ,aPr �.. t.�;`*ij.4_!(� ..1����,r 4432 WILLIAM E. RUSSELL, ET AL TO: .. EASEMENT * - BOTTLERS INTERNATIONAL, INC. BmB: smb - 8-4-75 2802B . Jricxsa A 4D DTrrL3zt7 ATTOA)Il AT LAW lYdcx.+•s'rw VA. R.a60f I .OYfM OA 04 .T.1 S? 4-70 PAGE i 7 THIS DEED OF EASEMENT, made and dated this 25th day of July, 1975, by and between WILLIAM E. RUSSELL and . M4A- MARY RUSSELL, his wife, parties of the first part, hereinafter called the Grantors, and BOTTLERS INTERNATIONALa. INC., a Vlzginia corporation, party of the second part, hereinafter called the Grantee, and BENJAMIN M. BUTLER, Trustee, party of the third part, and THE COKMERCIAL AND SAVINGS BANK, of Winchester,, Vag party of the fourth part. WITNESSETHs That forand in consideration of the sum of One Dollar, ($1.00) , cash in hand paid and other good -and valuable consideration, the receipt of which Is hereby ac edged, the Grantors, party of the third part and party of the fourth part, do hereby grant unto the Grantees an appurtenant. easement for the purpose of ingress and egress to and from Vlx�: Secondary Highway No. 663 over their land known and de•:signated. as Lot 7, Section 3, Russell's Paradise Subdivision, which said right of way is more particularly described by stz::rvey drawn by Richard U. Goode, C. L. S . , dated July 29, 1975, attached hereto and by this reference made a part hereof as if set out in full. The parties of the third part aLd fourth part by their I execution of this Deed of Easement do not release that certain: Deed of Trust dated April .9, 1973, of record in the Cler3cxs €?ff of the Circuit Court of Frederick County, "Virginia: in Deets Book 406, at Page 618. ' WITNI+ESS the following signatures and.- seals-_ INA i_�ORy It AMIN -M. A=1,E�¢ Truste 41-8 • • - • • ' a �. 473 4 .1..3 - v.•22eax sw•r» a...w.♦ ara-M ' THE COMMERCIAL AND SAVINGS BANK _ of Winchester, - Virginia :► it iBy - �lf n I r ATTEST: s " " l • /STATE OF VIRGINIA, OF � to -wit: oan=Jl1l.�/? - , a Notary Public 1n. and for the State and aforesaid, da hereby cert-Ify that WILLIAM E. RUSSELL and ANNA bL%RY RUSSELL_, his wife,, whose names are signed to the foregoing Deed of Easement, dated, July 250 1975, have personally appeared before rme and acknowledged the same in my State and aforesaid. Given under my hand Xis day of , 1977. My commission expires cQ. �d?-7r • NOTARY PUBLIC STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: a Notary Public in and for the State and County aforesaid, do hereby certify that BENJAMIN M. BUTLER, Trustee, whose name is signed -to the- forego Deed of Easement, dated duly 25, 1975, has personally appeared before me and acknowledged the same in ny State and County afores Given under my hand this 6'9-day of , ,utt , 1975_ My corsnission expires �,L:�,'_,. t� � 197 NO'-ARY PU IT, C WC 470 FACE 4 L� STATE OF VI.RGINIA, / I, (� `..r. „ a Notary Public in i and for the. State and _ { �; aforesaid, do hereby certify that t I' and .�, f,- _ ,, who are and 4_` respectively, of THE COMMERCIAL AND SAVINGS BANK of Wlnches-ter, Virginia, and whose names are signed to the foregoing' Deed of Easement, dated July 25, 1975, have personality appeared hefora ' me and acknowledged the same in my State and 1 _,aforesaid- :N Given under my hand this -'`- day of �� �'Z975v My commission expires ucKxB ANI> i3vrrsit A?71". rw" A7 9 1w W0.cxs+TW-6 VA. XAa01 f / b V'il{ LAli'ii o» tT l iiT -- 3 - BGrJR 470 FACE 4ti0va _ t D.B-403, p,661 Scale' I loot 3• � 4,3 h' \� o 4 - - cc . LOT IdG. 7 �'` C� -� • ii,65EL 3 Z PAAA11,1I: c; S UDDIV I.S.L UN -0 See Deed Book 410, pages 271-28-2. �c = t O • [7 = '_� CQ --I - -cn . - N 83 deb. 21 mine 56 sec. w 250.001 - r PLA1 SHC.111 iG 601 RICE 1'-O -WAY LEADING' -FROM W)AD I40. 661 - TO T?:: Ih:bli OF 13v�'i'L,CtSliii'c;ltld;,'rIQA;AL INC. Loc•,.ted in Stonevrall Alai; sterial Disi:ri cG, Frederick County, Vironi,%. s _ Drawn .July 29, 197� ltlf�EtAdD U. GOOD. Certified Lar_dSai:-veyor _.:. .• r�'a•'uc^d to ma on !ne _- /� .. day of ' � � Q�P n%_• enJ w.'_h ce; lii';.atc Ot acknowiadgmant. t.'er�ta anrx.� zrs acicr�3 - •-- • -s, -4 . •x• � * * •�• � �• •rt * � •rt •>E � •x- * � -� * •rt• * •>E• �• •>F � * * -x- �• � � �- � •�• ->E ->E � � � �; ,,� P 375 y � W=IAM E. RUSSELL_ ET UX � .� —. � iVr TO :: :. DEED B*iF3 : smb TUNE S..LADD 7-17-75>F**>E***>E>t**>ErE>E>F.a� 28028 829' c THIS DEED, made and dated this day of t�f' 1975, by and between WILLIAM E. RUSSELL and ANNF Mg1RY RUSSELL, his wife, parties of the first part, hereinafter called the Grantors, and JUNE S. LADD, party of the second apart, hereinafter` called the Grantee, and BENJA2dIN M. BUTLER, Trus ee, party of the third part, and THE CO21%1ERCIAL AND SAVINGS fi. ",NK OF WINCHEST£R VIRGINIA,,party of the fourth part.. WITNESSETH: That for and in considera%tion of the: sum of Ten Dollars, ($10.00), cash in hand paid, and. Wither good and valuable consideration, the receipt of which. is hereby acknofwledg d, the Grantors do hereby grant and convey in fee s>.imple absolute, with general warranty of title unto the Grantee,* as feme sole, to be her equitable separate estate, the curtesyr interest or right of her present or any future -husband being hereby expressly excluded by this instrument as provided in §64.ZL-21, Code of Virginia, 1950, as amended, all of that certain lot or parcel of land, together with the improvements thereon and the appurtena ces° thcreunto belonging, lying and being situate. in Stonewall. Magisterial' District, Frederick County, Virginia, being sitiaatte on the West side of Virginia Secondary Highway No. 661, and more particularly i r r described as Lot No. 7, Section Three, Russell's Paradise ; t Subdivision, a plat of which, dated March a, 1973, revised: April � 26, 1973, drawn by Charles H. Kirkland,. C_ L. S_, is attached to that certain Deed of Dedication of record in the. Office of .the Clerk of the Circuit Court of .Frederick County, Virginia, in i i Deed Book 410, at Page 280; and being a portion of the same Land � conveyed to William E. Russell and Anna Mary Russell, his wife � -j by deed dated April 9, 1973, from Bottlers International, Inc..,. of record in the aforesaid. Clerk's Office in IIecci Book 406, at 11CiS88 AND UL—MER page 615. ATTo.T." AT "_ ~�"""""`V`:°003 This conveyance is made subject to all easements, right 1� wvrM Gi..aw Ow .TwaaT � - • of way and restrictions of record affecting the subject property, 1 and particularly those contained in that certain Deed of Dedicatio , dated June 1,•1973, and the Addendum. to Deed of Dedication, dated June 12, 1973, of record in the aforesaid Clerk's Office in Deed Book 410, at Page 270, and Deed Book 411, at Page 176, respectivel , which restrictive covenants are by this reference incorporated herein as if set out in full, and,to7that certain 60 :foot right-s,. of ;;way centered --along the FNortheastern boundary of theme : subject property ane more fully _described :by; plat of survey dr awn;-' by`_ Ric ha d .`Jly 2997of record' inthefU.Goode, C.:L MS. , dated- "auresa' �. Clerk's Office, 'attached <:to `,f hat . cer.tai s ' Dced of Ea seTmen ated July 25, 197S;.,by''and between William.:E'°Russell "e-- :al r an Bottlers Internationalg�inc.n. The property hereby conveyed is subject to a. Deed of Trust dated April 9, 1973, securing an indebtedness o-f the Grantors to The Commercial and Savings Bank of Winchester, Virginia,- of record in the aforesaid Clerk's Office in Deed Book 4.06, at Page 618, wherein Benjamin M. Butler, et al, are designated Trustees, either one or both of whom may act for any purposes, including release purposes. The party of the third part, as Tr-ustee under the Deed of Trust and at the direction of The Commercial and savi ys Bank of Winchester, Virginia, and the party of the fourth part, a secured party and present noteholder, do together join in this De�, herebyreleasing the parcel herein conveyed from said Deed of Trust, g P Y but reserving the lien of said trust against any parcel not released hereby or previously released. The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens.an i encumbrances; and they will grant such further assurances of title - as may be requisite, AScKax "D Hv Z-'xx WITNESS the following signatures and seals: a� .ovry c.rawo. •r.an �' ,,. n (SEAz l WILLIAM E. RUS ELL (S L ) ANNA M�1Ry RUSSP.LL r -2- SACK 1! 7 ;S_. 83i N AMIN IT. AGTPZR, TRUSTF.E THE COM1MERCIAL AIM SAVINGS BANK OF WINCHESTER, Vr.RGINIA By r'• STAT; •0t 'VIRGINIA, _ TO -WIT: V� I, /i' ✓..,rf - «�{� a Notary Public in and for the State and aforesaid, do hereby certify that WILLIAM E. RUSSELL an ANNA MARY RUSSELL, his wife, whose names are signed to the foregoing Deed, dated' 197 5, have personally appeared before me and ace nowledged the same in my State andC,, � / aforesaid. Given under my hand this' !/ day of1975 My Commission expiresA`' `�; % STATE OF VIRGINIA, COUNTY OF FREDERICK, TO -WIT: I , ��1/• �L'\.,` E�j1hc��1 , a Notary. Public in and for the State and County aforesaid, do hereby certify that BENJAMIN M. BUTLER, TRUSTEE, whose name is signed to the foregoinS. Deed, dated ,0(7/ka.`J 1975 , has personally appeared before me and acknowledged the same in/my State and County aforesaid. Given under my hand this Lkld day of 197 5. i )-f C1CKR AND I1%-MXR ATTO—TO AT IJW .__ WINC-... VA. 3/e01 T I .OVTN C.Nf I.ON .i.f.T t My Commission expires -3- t STAW OF VIRGINIA, : .. OF ��r c�4. , �It TO -WIT: a Notary Public in - and for the State and 1r, aforesaid, do hereby certify that /'�i, c�/r4 t �� f3 y and ��w► ✓c.-7rJ who are 1/ • c.4 - A a and ,� x . �� u. �i� [ respectively, of THE COMMERCIAL AND SAVINGS BANK OF WINCHESTER, VIRGINIA, and whose names are signed to the foregoing Deed, dated 19t4 1975, have personally appeared before me and -acknowledged the same in my State and aforesaid. Given under my hand this 4- 000J day of , 1975. My commission expires "7 NOTARY PUBLIC i t:gaL'�I►A F;�ZD-3tCK CCUNry, siociuced to me on the T .is� instrLiment of/ /v:ritinr, was �19 )S s atot c%fr ,.:d wi:li curti'i clt) of a c!cao�vl.dginoat thereto annac3i rr3s ,d to z_oocd. Tax d.:c. Sd-,4.1 of and 5. havti been Paid, if a;3;zsable' -54 Clerk. MCKWU AND DV'r"* AT»allf 47 uv , V � 2"01 -4- a. .5, st+EE t RtSSE,�.[.�� S PARAD t 8E S U80 IV IS STONEWALL MAGISTERIAL DISTRICT FREDE,RICK 'COUNTY, VIRGINIA SURVEYOR'S CERTIFICATE; THE HEREIN DESCRIBED SUBDIVISION 13 A PART Of THE SAME LAND THAT WAS CONVEYED TO hIEIIAM . F w Rk,;S`E'c.R.. AND 4NhA VARY RUs aE4..P., H15 WIFE': FROM BOTTLERS INTERNATIONAL, INt;.a 8V DEED DA.1F0 APRIIo 9, 1975 RECORDE-D IN DFEr, 9ooK 4c,,,6, P. b'j, IS THE RE'CCR05 CF T14E CLERK OF THE ; IRC9.?IT COURT OF FREDERICK COUNTY, `rIIRGINIA. OWNERS CERTIFICATE; THE WITHIN OE-SCRISED SUBDIVISION AS 17 APPEARS ON THESE PLATS IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE VNOERSIGNED OWNERS# PROPRIETORS AND TRUSTEES. Jed d� L5 60 w o_ COUNTY OF FRE DER I CK 1 STATE OF V i R6 1 N IA. y TO WIT: - r A NOTARY PUBLIC IN THE STATE, AND COUNTY AFCRESA10 DO HEREBY. CERTIFY THAT N HAVE APPEARED BEFORE ME AND ACKNOWLEDGED THE ABOVE WRITING* CIViEN UNDER MY HAND THIS DAY OF � 1973 SIGNED NOTARY PUBLIC. MY COMINISSIGN EXPIRES ON THE DAY OF . 19 . VA O GENERAL NOTES I. ALL LCT CORNERS ARE MARKED BY IRON PINS. w H .t.'* 2. THE AREAS OF ALL LOTS ARE 25,000 SQUARE �a FEET, EXCEPT WHERE OTHERWISE SHOWN WITHIN THE LOT. D a v n , N N • P O_ 0 y0' w 0 S t � u 0 � Rcv�std 4-zt- �s i II Aao o� f :rra as.r u.�• ..>. ._ . _.w.tP ,� _ a' rwa seawarrx:,_ _ .. .-.. . .. _ _.. 9 :. _ . a -at _ aka. Zd00 r W w sV] - _ s - _ , '. -a.,.. .i '. mot: •, „ -. r 4t y, � t /� ` Bo T7' �C r s h �c�r r!Q �io rrG/ Srlc. 1 t �` �'� •z' G�. 0. 14 'aC 0 n 2 v O 00 /Q .Od Ise. s� to xt. Ai O 7.7 .�qT ' o _ N �'/'J Sn ��/ho �i•ri � Inc. oat 0 V, V b N I �oo.00' I 6O' L 6 G 3 — k , ski 14 ` V o t. =Y �a M b mF r y � M SHEET 4 OF 5 SHEETS } I] �r 0 Q o � D i 3 nl4B°- I 2�. �1�•c ��� �Q, z oe sS• �'� �, h ) I O O O 0 O O �I O r, \ O o D o° � O o o ,Z so • a is -6t • •,o m ._ r. 2 q 3d, b 49 CZ ti o0 3o 4r w y� �' # c„c<�r ,} ;" a I .. 'f . .. r• 4 y-; � s� ;. �»� 4 ���i r �. L� Y a 1971 ETICS i it a K r4 rt. + tz 1001 so o too goo • ,� r�' _ / ' J t SCALE IN FEET S t n ;t•..,.C. of k l ' ; r- 4 K s r t 3 Z 33e Fr 249- Cry k ( r I • q •$� xj W b C e \p . c� 2 13 BLDG. 4 ' M t+ PORTION OF LAND OF 1 y A. • C GUNTER y - A 1..785 Acres � V ♦.• f'` ° �.; s Y +6TS�.TQ FtOIAD Y b ii S 05.*2 Vti7 --. �7J3•2 1{ + D- r � ROAD N fl: 5 6 t �. p r LT h t - -`2s the-bo ve _tract of land, located a bout 3 miles North of Winchester: 561 and b7$- feet North -of Rea s =r'n6 West sid a of Road No. , } ; d,n �?red.exi ck -County , Virginia, is bounded as follows: a A at (1) an iron p eg on the West side of re Rt�ad No_. t {'�.+'' 1 ;z t T B e gi nn i ng 6 1'� said point being _ f 67$eet North of the North side of .Road -'the r� a ,wit h: 5 new division lines through the land of Guts aJ dcs= 03 .3 feet to (2) a n Peg thence $ n iron t N 2$.ldeg, 14 gain192.3 feet to (3) a post; the nce peg; ,the nc,& N :11 deg.'. 25 min. • W 49.2 feet to (4) an iron e a h 4 , iron peg; th slit E4 S;3 dog • 31 min. E 107.5 feet to (5) ' D, r3+t g $3 cisg. 03 min. E.': 236.7 feet to (6), an iron peg on -the West a , side cif '}load No. 661; thence withthe West sideof pad No. 661` } � yy r .:tie aV i -a4 } is 45 d,og. 20 min, W 358.2 feet to the point of beginning, containing 1.785 Acres more or less, Richard U. Gooch, CerVifled Sur N3,`�H 0 June 161 1971• DUG U_"GOOD' � NO. 412 1r6 `2- ' � `�r�J SU��z'Y� a i �! S r SHEET I OF 5 SHEETS RUSSELL'S PARADISE SUBDIVISION, STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SURVEYOR'S CERTIFICATE; THE HEREIN DESCRIBED SUS01V131ON 13 A PART Of THE SAME LAND THAT WAS CONVEYED TO BOTTLERS INTERNATIONALp INC•, BY ALEC C. GUNTER AND MARJORIE GUNTER, HIS WIFE, SY DEED DATED DECEM8FR 5, 1968 RECORDED IN DEED BOOK 349, P• 6919 IN THE RECORDS OF THE CLERK OF THE CIRCUIT COURT Gf FREDERICK COUNTY, VIRGINIA �c C o.i r C. L. S• OWNER'S CERTIFICATE; THE WITHIN DESCRIBED SUBDIVISION AS IT APPEARS ON THESE PLATS 13 WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERSP PROPRIETORS AND TRUSTEES* r d EACH LOT IS SUBJECT TO APPROVAL OR DISAPPROVAL BY THE HEALTH iE�PARTw MENT FOR THE LOCATION OF THE WATER SUPPLY AND THE INSTALLATION OF SEWA' DISPOSAL SYSTEM ON AN INDIVIDUAL BASIS 4-z;-n LLIAM H. HATFIELD, 0I.D. DATE DIRECTOR, LORD FAI AX HEALTH[ DIS CT I `/ �f E. SICK, SANITARIAN ��irg Department 9f Highways -4A& 7" '-, COUNTY OF FREDERICK) STATE OF VIRGIN TO WIT; Is A NOTARY PUBLIC IN THE STATE AND COUNTY AFORESAID DOA HEREBY CERTIFY THAT Mw • 1 ( w\ . 1 fl I —Aft - lam\ -A _ _ /1 _ ice_ _ A � HAVE APPEARE 8 :0 E M AND ACKhiNILE06ED THE A 8 0 V E WR ITINf GIVEN UNDER MY HAND THIS 215 DAY OF , 1973 SICNE TAR PUBLIC. MY COMMISSION EXFIRES ON THE bt, DAY O Imo%. 0 ;s E R A L NOTES I• LL LOT CORNE S ARE MARKED BY IRON PINS* � N *1 2. THE AREAS OF A ILLOTS ARE 25,000 SQUARE FEET, EXCEPT W ERE OTHERWISE SHOWN WITHIN THE L0T. � o � H Sv6d. vi s �o � Arrq 40 d 00 o � ss z � Q zz C 2zs� C:s \ ►s XZ?er 1/i «q /y Mope Sc4/�: / zaoe O /aD' Zdl0' 3aio' ��b' Sao f � BMB:smb 7-17-75 2802B MCKKX AND IICrLxu ♦TTO1M wl'f �T 4- M11.CXt %. Vim. saw& �� wvrw c..awaw arwaaT 829 (,a 1 #2375 WILLIAM E. RUSSELL, ET UX TO DEED JUNE S. LADD 6A 9 THIS DEED, made and dated this day of 1975, by and between WILLIAM E. RUSSELL and ANNA MARY RUSSELL, his wife, parties of the first part, hereinafter called the Grantors, and JUNE S. LADD, party of the second part, hereinafter called the Grantee, and BENJAMIN M. BUTLER, Trustee, party of the third part, and THE C=%IERCIAL AND SAVINGS BANK OF WINCHESTER VIRGINIA,•party of the fourth part., WITNESSETH: That for and- in consideration of the sum of. Ten Dollars, ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey in fee simple absolute, with general warranty of title unto the Grantee, as feme sole, to be her equitable separate estate, the curtest' interest or right of her present or any future husband being hereby expressly excluded by this instrument as provided in 564.1-21, Code of Virginia, 1950•, as amended, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenaz ►ces' thcreunto belonging, lying and being situate in Stonewall Magiste#ial I � District, Frederick County, Virginia, being situate on the West side of Virginia Secondary Highway No. 661, and more particularly described as Lot No. 7, Section Three, Russell's Paradise Subdivision, a plat of which, dated March 8, 1973, revised April. 26, 1973, drawn by Charles H. Kirkland, C. L. S., is attached to that certain Deed of Dedication of record in the office of the Clerk of the Circuit Court of .Frederick County, Virginia, in Deed Book 410, at Page 280; and being a portion of the same land conveyed to William E. Russell and Anna Mary Russell, his wife, by deed dated April 9, 1973, from Bottlers International, Inc., of record in the aforesaid Clerk's Office in Deed Book 406, at. Page 615. This conveyance is made subject to all easements, right; of way and restrictions of record affecting the subject property, gcXx= .1.D BvR_:= Ma.etanray. V� 23001 a� aevtr c..raarar �Taan go and particularly those contained in that certain Deed of Dedication, dated June 1,.1973, and the Addendum_to Deed of Dedication, dated June 12, 1973, of record in the aforesaid Clerk's Office in Deed Book 410, at Page 270, and Deed Book 411, at Page 176, respective) , which restrictive covenants are by this reference incorporated herein as if set out in full, and to that certain 60 foot right of way centered along the Northeastern boundary of the subject property and more fully described•by plat of survey drawn by Richa U. Goode, C. L. S., dated July 29, 1975•, of record in the aforesai Clerk's Office, attached to that certain Deed of Basement dated July 25, 1975, by and between William E. Russell, et al, and Bottlers Internation&l, Inc. The property hereby conveyed is subject to a Deed of Trust dated April 9, 1973, securing an indebtedness of the Granto to The Commercial and Savings Bank of Winchester, Virginia, of record in the aforesaid Clerk's Office in Deed Book 406, at Page 618, wherein Benjamin M. Butler, et al, are designated Trustees, either one or both of whom may act for any purposes, including release purposes. The party of the third part, as Trustee under the Deed of Trust and at the direction of The Commercial and Savi Bank of Winchester, Virginia, and"the party of the fourth part, a secured party and present noteholder, do together join in this De hereby releasing the parcel herein conveyed from said Deed of Tru but reserving the lien of said trust against any parcel not released hereby or previously released. The Grantors do hereby covenant that they have the righ to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens an, encumbrances; and they will grant such further assurances of titl, as may be requisite. WITNESS the following signatures and seals,: WILLIAM E. RUS ELL i7 ANNA MARY RUSSELL rd s 1 160 #254 * t JUNE S. LADD MCINTIRE TO: :. DEED OF ASSUMPTION RALPH W. ANDERSON, SR., ET UX * 1 eccr. 4 S3 FAcu 160 THIS DEED OF ASSUMPTION, made and dated 1977, is by and between JUKE S. LADD MCINTIRE, feme sole, party of the first part, hereinafter referred to as the Grantor; and RALPH Mr. A NDER SON, SR.', and KA THLEEN A NDER SON, his wife, parties of the second part, hereinafter referred to as the Grantees. WITNESSETH: That for and in consideration of the Burn of ten dollars ($10. 00) and other valuable considerations, the receipt of all of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of Title and English Covenants of Title, except as hereinbelow set forth, unto the -.Grantees, in fee simple, as tenants by the entirety with the right of survivorship between them as at common law, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Stone -- wall Magisterial District, Frederick County, Virginia, being situate on the west side of Virginia Secondary Highway No. 661, and more particularly described as Lot No. 7, Section Three, Russell's Paradise Subdivision, a plat of which, dated March 8, 1973, revised April 26, 1973, drawn by Charles H. Kirkland, C. L. S., is attached to that certain Deed of Dedication of record in the Office of the Clerk of the Circuit Court for Frederick County Virginia, in Deed Book 410 at Page 280; being the same Iand conveyed to the Grantor, as a feme sole, by Deed dated August 4, 1975. and recorded in said Clerk's Office in Deed Book 447 at Page 829. This conveyance is made subject to restrictions, easements and rights -of -way of record affecting said land. This conveyance is also made subject to that certain. Farmer Home Administration Deed of -Trust dated August 14, 1975, and recorded in said. Clerk's Office in Deed Book 447 at Page 833 from June S. Ladd, a feme sole, to Marion V. Baker, Trustee, to secure to the United States of Arneri acting through the Farmers Home Administration, United States Department of Agriculture, the payment of a Promissory Note of even date therewith in the original principal sum of TWENTY SEVEN THOUSAND TWO HUNDRED DOLLARS ($27, 200. 00), the unpaid principal balance and accrued interest on which, as of January 26, 1977, is agreed to be TWENTY SIX THOUSAND SIX HUNDRED FIFTY EIGHT DOLLARS and 35/I00 ($26, 65&.35), and the Grantees hereby assume liability for repayment of the indebtedness secured thereby. WITNESS the following/signatures and seals: ;,3une S. Ladd McIntire Ralph W. Anderson, Sr. (SEA Kathleen Anderson. -z-- STATE OF VIRGINIA Y. COUNTY OF -FR EDER ICK, to wit: J a Notary Public in and for the ' G jurisdiction aforesaid, hereby certify that JUNE S. LADD MCINTIRE, a feme sole, RALPH W. ANDERSON, SR., and,KATHLEEN ANDERSON, his -wife, whose names are signed to the foregoing Deed of Assumption. dated 1977, have personally appeared before mein my jurisdiction aforesaid and acknowledged the same. Given under my hand ,���;, 1977. pi My commission expires y,�h!•!F-� v�G /%G . Notary Public CD(JJTY, SCT. T is, it :5.:_.:.a:Ita-dc :fing «as producennarrt��o me on t le a i -11 , ,r;::i�s:ckrowl d maat th3rato anns:s.i .v_Ls �- - IJ- ed to r -: z)idlirA.J:)s3dill J.;c. oI a.nd 9 ,•34 have been paid, if a se_s.ji._ , ,.._.= _ Clerl-r 'cry.. iJ I t r 4432 WILLIAM E. RUSSELL, ET AL TO: .. EASEMENT BOTTLERS INTERNATIONAL, INC. •8-4-75 2802B KFA 470 FACE 417 THIS DEED OF EASEMENT, made and dated this 25th day of July, 1975, by and between WILLIAM E. RUSSELL and ANNA MARY RUSSELL, his wife, parties of the first part, hereinafter called the Grantors, and BOTTLERS INTERNATIONAL, INC., a Virginia corporation, party of the second part, hereinafter called the Grantee, and BENJAMIN M. BUTLER, Trustee, party of the third part, and THE COMMERCIAL AND SAVINGS BANK, of Winchester, Virgin: party of the fourth part. WITNESSETH: That for and in consideration of the sum of One Dollar, ($1.00), cash in hand paid and other good and valuable consideration., the receipt of which is hereby acknoi edged, the Grantors, party of the third part and party of the fourth part,, do hereby grant unto the Grantees an appurtenant easement for the purpose of ingress and egress to and from Virgir Secondary Highway No. 663 over their land known and designated as Lot 7, Section 3, Russell's Paradise Subdivision, which said right of way is more particularly described by survey drawn by Richard U. Goode, C. L. S., dated July 29, 1975, attached hereto and by this reference made a part hereof as if set out in full. The parties of the third part and fourth part by their execution of this Deed of Easement do not release that certain Deed of Trust dated April.9, 1973, of record in the Clerk's Offic of the Circuit Court of Frederick County, Virginia, in Deed Book 406, at Page 618. WITNESS the following signatures and seals: � c (SEAL WILLIAM E. RUSSELL fi,N�rt Qr l� (SEAL UCXZ19 AND BUTUM A NA MARY RU 01�r AT"NXW" AT uw EAL Mn.ari.*rsa. VA. 22001 -- B JAMIN . B ER, ustee 11 sour" vrueM &T.." . i 418 YemM .xs sv:tsa .�..e.... AN ZA. IF VA. srml .....r. G..u.....or THE COMMERCIAL AND SAVINGS BANK of Winchester, Virginia By ,An# ATTESTt STATE OF VIRGINIA, C� 9G OF � to -wit: I, ��ief�,� 2_ , a Notary Public in and for the State and aforesaid, do hereby certify that WILLIAM E. RUSSELL and ANNA MARY RUSSELL, his wife, whose names are signed to the foregoing Deed of Easement, dated July 250 1975, have personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand t is g day of , 1977. My commission expires AAI� ja 1,92L . NOTARY PUBLIC STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: I, ��� / QAJL90L_ , a Notary Public in and for the State and County aforesaid, do hereby certify that BENJAMIN M. BUTLER, Trustee, whose name is signed to the forego Deed of Easement, dated July 25, 1975, has personally appeared before me and acknowledged the same in my State and County afores id. Given under my hand this 64*Lday of 1975. My commission expires ,aqua 00. /97 ? . -2- 419 UCKXX wxn avzrsa �TTO'11fttTf �r L►w MOroo.T>o1. V . Bowl 11 ..VTN zan.N MYRRUT D-vz� 470 FACE 4J1. J STATE OF VIRGINIA, � • ,.� to-wi I, r ��- • —` i� : ` , a Notary Public in and for the State and �y� (.. • aforesaid, do hereby certify that and �'.�,. �'� -•Tt .\ who are �J1 and respectively, of THE COMMERCIAL AND SAVINGS BANK of•Winchester, Virginia, and whose names are signed to the foregoing Deed of Easement, dated July 25, 1975, have personally appeared before me and acknowledged the same in my State and —:_,aforesaid. l Given under my hand this 2''ay of !�' _ , 1975. My commission expires 1�'_ 1e-'-,1c ► �l -3- ?Q , • �• • .gut;�s • _. D.11.403,' p.661 ' C, ^ 311 s \9� Scale' 11 1001 to �\ it 1 •17, aeb'. 48 + 15� sAc. 110 A LOT 1dG. 7 tO o . IZUSSELL S PA,ir,UI:; S UDt)IV ZA'91 ON o o w ee Deed Hook 410, pages 271-282. os rn , . t.. eA • . p a; 0i m 7 N 83 deg. 21 Min. 56 sec. W 250.00' I I PLAT Sti MI NiG 60, RICE T-02i -WAY LEADING FROM ROA D NO. 661 TO T!:i� 1A Z OF 1307MERS ? 11,TIONAL INC. Loc.ited in Stonewall Matrsterial Distri ct, _ Frederick County, Virg nia. t))rra�wn July 29, �19?5 HICHARD U. GooiD _ Certified LandSunreyor ! U'•V Itji'i. .a, f produced to me on the,.,`... day Of %,'Yew- �7 �� - -`! ,' ' ',�• . • and with ceruticate of acknowWdgment thereto annexed was admttb d to d. t• .. e -7- '7- 71 k BOOK 4iLry' Dc;- 274 purpose, an abandoned motor vehicle is def ined as one wliich bears no or expired license plates and has not been operated w-ithin silc months on a public street or highway). 9. SIGHT. DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruC-tion to vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within twenty-flkia -(25) feet of the intersection of any two street lines. 10. RESUBDIVISION AND EASEMENTS: None of the said shall at any time be subdivided, conveyed or sold except as a vilhol unless the sale or convey ance results in a lot larger than the I ot size as shown on the said plat. No. easement or right of Way shah. be granted over any lot except. for purposes of publii='utility (water', sewer, electric, gas, telephone., cable, etc.). If two or more adjoining lots are acquired by the same owner, none- of said lots shall be conveyed by said owner unless each lot being sold .and each lot being retained by the owner are in compliance with al of these covenants and restrictions. 11. NUISANCES: No no;tious or offensive aCt-i-vity --,;hall be carried on upon any to--, nor shall anything 1.0e 0,one white: '11 -I r, 2i may be or may become an U 4 annoyance or sance io the anccl-iborhood. Each lot shall be kept mown and free f-rom -viocds a-.:d at all �71 1, 1 times, and shall be : car :i ] c ai n d local ordinanc-cs. 12. TEP-M: These rests ict---io-rls al-e- steal 1-un witii the land and shall he hindin,,f np-1-)n a"Ll Y,uitnrc lot owne-,--s, and i-----.osc claim-Jng under them, for a years from cate of recordation of the Deed of Uodicatioj-i. There- after, these restrictions shall be automatically extended for suc- cessive periods of ten (10) years, unless an instrument signed by a majority of. the then owners of the lots. -agreeing to amend the res-- - intinng-in whni6h ri-r v .1 cr 6 7 av, 7- may. • `. s •Y it' * '�- if '� 3I77 1 .- TO {] 't �t tt*►F****# 26O[ 13 !i i T iIS DA D, n a d e and dated this — day of . J 197�, h; ar.d 1)otwean WILLIAM L. !iU,I:ELI, and ANNA T1ARY RUSSFLL, his wife, Dartic:, of the first part, hereinafter called the i, S . LAiaD, p;ir ty of the second part, hereinafter called the Gra::tee, and BENJAMIN M. BUTLER, Trustee, party of the third part, and THE COMMERCIAL AND SAVINGS BANK OF WINCHESTER, !` VIRGINIA, party of the fourth part. �I , li WITNESSETt: That for and in consideration of the sum iof Ten Dollars, ($1G.00), cash, in hand paid, and other good and j valuable consideration, the receipt of which i5 hereby acl:nowledgd, the Grantors do hereby grant and co::=Ivey in fee simple absolute, II j with ,cr.c:ral warranty of ti±:le urto the Grantee, as feme sole, j) ii to be her equitable separate estate, the curtesy interest or right} MI of ::er present or any future husband being hereby expressly I excluded by this instru;Tent :.s provided in 564.1-21, Code of f i 950, as amended, z11 of t},at. c•ertnin lot or parcel of y:..^<3, toci':ther with the ll provemcnts th ereon and the apf urt, T A:jC,1S -,_,) t,e2c;•nginq, 1yin, ar.d being situate in Stonewall '1a7istexial 1 rict, . _`cc-Ierick Cou:;ty, Virginia, Lexny s,,tuatl-e On the West ! j side of Virginia Secondary Highway No.'661, anc more particular"Iyl 1! de: c."ibed as Lot No. 7, Section Three, tissell's Parad1-se Sux:iv:sion, a plat of which, dated N,arch 8, 1.97, rep.°used Aril. i 26, 1973, dre,wn by Cnarles H. Kirkland, C. L. S , is attached to that- certain Deed of Dedica-..icn of record in the office of the c.t:t'.F' Circuit COLZ:,. Of i derick County, 1%irt;inia, l.n 1 k iC, .at rare 260; ano Lcinc a _rtion of the same land ! On',. C: t0 i4i.11iam ',. Jl:. sell a-d Ann.: -a �::r}� j'_.:SGl1-, his w:.fc, I: 1 9, 1973, f.-Cm t3ottlr.r.. r:i-•rnation, 1, 7-nc., i r ('c(j. In i �,o aforC:':a ld Clerk's of* -- a in Deed :SOok 406, at j ',a t t_ (, 15. ' This COnvC1.7 ni e is :'.a .fit? subject to all ar.•: r, ric t-�oTas of re ord affecting the subject prc,.:)erty, e r • I • I and particularly those contained in that•certain Deed of DedieatioL" :sated une �73, and the Ar?dendum to Deed of Dedicatiur., dated 'u-.. _2, 9'1, of record .in the aforesaid Clerk's office in Deed iI! 3ook 410, at Pave 270, and Deed Book 411, at 1'aae 176, respectivelY, restrictive covenants are by this reference ir.corL>t+ra-od � 1 l;erein as if set out in full, and to that certain 60 foot right I! of _entered along the Northeastern boundary of the subjects ! property and more fully described'by plat of survey drawn by Richard. II U. Goode, C. L. S., dated July 29, 1975, of record in thy: aforesaid �I C?Office, attached to that certain Deed of 2asement dated 10 25, 1975, by and between William E. Russell, et al, and !! I�z)ttlers In'ternationtll, Inc. I 11 I The property hereby conveyed is subject to a Deed of ii :r �,.rt dated April 9, 1973, securing an indebtedness of the Grantor. i; . ,;:e Cc_rnercial and Savina_s Bank of Winchester, Virc_,i.r.ia, of ` -.)rd i.. `fir. aforesaid Clerk's Office in Deed Book 406, at. Pace ?r'n -larin duller, et al , are eesi(-na`_ee- rr,,:`:;tees, 1! ! eit�_r one or hvth of whom may act for any purposes, includinc r)>�rposes. The party of the third part, as Trustee under II ' the Deed of Trust and at thy, direction of The Co,%-nercial acid Sxvings Bank of Winchester, Virginia, and the party of. the Fourth part, as I � ._c'.lred party anal present noteholder, do toeether join in this DCL-d, here4v rc c,sing the parcel h-rein conveyed from said Deed of Trus'. but ri,servinc the 1i �n of said trust against any carcc, not Ij _ _ �s .._reby or previously released. I I {f The Grantors do hereby covenant that thc,✓ hove thc• right; I I I: + ^ C�>nvC}' to t.':e Grantee; that the; Gra::tee shall ;;]vC' ';111Ct and lien.; inr11' t -- -.'•d }E�aw• w '11 a.nt r: , P I thi? following sig:latures and seals: 1 ILLIAM L. SUSS I - 2- 8 3.3 #2376 >E JUNE S. LADD TO :: :: DEED OF TRUST MARION' V. BAKER., TRUSTEE. . Position S USDA-FmHA Dorm FmlIA 427-1 VA REAL ESTATE DEED OF TRUST FOR VIRGINiA • ( Rev. 5.10-74 i c�^ 41 Z oS - 6.33 THIS DEED• made this day, _ August 14, 1975 �( (Dated) June S. Ladd a feme sole between � ► residing in----____-1 �de>vick County, Virginia, whose post office address' i RVetfitown � Rt dl Pike Winchester 22601 is.�----------- — — '----M. , Virginia R ' as grantor(s). herein called "Burrower," and Marion V. Baker Chesterfield wha%r residence address is---- ---- - -----------County, Virginia, 1 as trustee• herein called "Trustee." for the benefit of the United States of America• acting through the. Farmers Honk Administration, United States Department of Agriculture• as beneficiary, herein called the "Government,•• � wl'rNl-SSI.TII THAT: Q 1YI1.1'REAS, Burrower is justly indebted to the Government as evidenced by one or more certain promissory note(s) or assumption agreement(s), herein called "note" (if more than one note is described below, the word "note" as used herein shall be construed as referring to each note singly or all notes collectively, as the context may require), said note being executed by Borrower, being payable to the order of the Government in installments as specified therein, authorizing acceleration of the entire indebtedness at the option of the Government upon any default by Borrower, and being further described as follows: Annual Rate Due Date of Final Date of /nstrunrc•nl Pririi ipal Aruntrrll of Interest lusdallrrte nt August 14, 1975 $27, 200. 00 8 1/.8% August 14, 2008 The note evidences a loan to Borrower, and the Government, at any time, may assign the note and insure the payment thereof pursuant to the Consolidated Farm and Rural. Development Act, or Title V of the I lousing Act of 1949: h is the purpose and intent o1- this instrument that, among other things, at all time.,, when the note is held by the Government, or in the event the Government should assign this instrument without insurance of the note, this instnument shall secure payment of the note, but when the note is held by an insured hol,der, this instnunent shall not secure payment of the note or attach to the debt evidenced thereby, but as to the note and such debt shall constitute an indemnity Mortgage .to secure the Government against loss under its insurance contract by reason of any default by Borrower: NOW, -rilEREFORE, in consideration of the loan(s) Borrower does here -by grant, bargain, sell, convey. and assign unto trustee with general warranty the following -described property situated in the State of Virginia, County(*X,),of _ Frederick FmliA 427-1 VA (Rev. 5-10-74) 1 FHA 427-lVa • June S. Ladd 4V 834 All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto be- longing, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, being situate on the West side of Virginia Secondary Highway No. 661, and more particularly described as Lot No. 7, Section Three, Russell's Paradise Subdivision, a plat of which, dated March 8, 1973, revised April 26, 1973, drawn by Charles H. Kirkland, C. L. S. , is attached to that certain Deed of Dedication of record in the Office. of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 410, at page 280, and being the same land conveyed to the Borrowers herein by Deed dated August 4 1975, and recorded in said Clerk's Office immediately preceding this Deed of Trust. Subject, however, to all valid outstanding easements, rights - of -way, restrictions, mineral leases, mineral reservations and mineral conveyances of record affecting said land. FHA 427-lVa • June S. Ladd 4V 834 All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto be- longing, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, being situate on the West side of Virginia Secondary Highway No. 661, and more particularly described as Lot No. 7, Section Three, Russell's Paradise Subdivision, a plat of which, dated March 8, 1973, revised April 26, 1973, drawn by Charles H. Kirkland, C. L. S. , is attached to that certain Deed of Dedication of record in the Office. of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 410, at page 280, and being the same land conveyed to the Borrowers herein by Deed dated August 4 1975, and recorded in said Clerk's Office immediately preceding this Deed of Trust. Subject, however, to all valid outstanding easements, rights - of -way, restrictions, mineral leases, mineral reservations and mineral conveyances of record affecting said land. 835 T 47 8,35 together with all rights, interests, casements, hereditaments and appurtenances thereunto belonging, the rents, issues. and profits thereof and revenues and income therefrom,. all improvements and personal property now or later attached thereto or reasonably necessary to the use thereof, including, but not limited to, ranges, refrigerators, clothes washers, clothes dryers. or carpeting purchased or financed in whole or in part with loan funds, all water, water rights, and water stock pertaining thereto, and all payments at any time owing to Borrower by virtue of any sale. lease, transfer, conveyance or condemnation of any part thereof or interest therein -all of which are herein called "the property"; IN TRUST, Nl:\71-, iTIiELESS, (a) at all times when the note is held by the Government, or in the event the Government should assign this instrument without insurance of the payment of the note, to ,secure prompt payment of the note and any renewals and extensions thereof and any agreements contained therein, including any, provision for the payment of an insurance or other charge, (b) at all times when the note is held by an insured holder, to secure performance of Borrower's agreement herein to indemnify and' save harmless the Government against less under its insurance contract by reason of any default by Borrower. and (c) in any event and at all times to secure the prompt payment of all advances and expendi- tures ma.ic by the Government. with interest, is hereinafter described, and the performance of every covenant and agreement of Borrower contained herein or in any supplementary agreement. BOKltOW1 11 for himself, his heirs, executors, administrators, successors, and assigns COVENANTS AND AGREES :is follows: •- ( 1) To pay promptly when due any indebtedness to the Government hereby secured and to indemnify and save harmless the Government against any loss under its insurance of payment of the note_by'reason of any default by BorJower. At all times when the note is held by an insured holder, Borrower shall continue to make payments on the note to the Government. as collection agent for the holder. (2) To pay to the (oov':rnmcnt such fees and other charges as may now pr hereafter be required by regulations of the Farmers Home Administration, and to pay or reimburse the Government or Trustee for all of Trustee's fees, costs and expenses in connection with any full or partial release or subordination of this instrument or any other tran%action affecting the property. (?) If required by the Government, to make additional monthly payments of 1/1.2 of the estima- ted annual taxes. assessments. insurance premiums and other charges upon the mortgaged premises. (4) Whet}rcr or not the note is insured by the Government, the Government may at any time pay any other amounts required herein to be paid by: Borrower and not paid by him when due, as well as any cost and expenses for the preservation, protection, or enforcement of this lion, as advances for the account of Borrower. All such advances shall bear interest at the rate borne by the note which has the highest interest rate. (5) All advances by the Government as described in this instrument, with interest, shall be immedi- ately due and payable by Borrower to the Government without demand at the place designated in the latest note and shall be secured hereby. No such advance by the Government shalt relieve Borrower from breach of his covenant to pay. Any payment made by Borrower may be applied on the note or any indebtedness to the Government secured hereby, in any order the Government determines. (6) To use the loan evidenced by the note solely for purposes authorized by the Government. (7) To pay when due all taxes, liens, judgments, encumbrances, and assessments lawfully attaching to or assessed against the property, including all charges and assessments in connection with water, water rights, and water stock pertaining to or reasonably necessary to the use of the real property described above, and promptly deliver to the Government without demand receipts evidencing such payments. (b) To keep the property insured as required by and under insurance policies approved by, delivered to, and retained by the Government. J � p�C). =Lf far[ 836 (9) To maintain improvements in good repair and make repairs required by the Government; operate the property in a good and husbandmanlike manner, couilply with such firm conservation practices and farm and home management plans as the Government frogs time to time may prescribe; and not to abandon the property, or cause or.pernlit waste, lessening or impairment of the security covered hereby, or, without the written consent of the Government, cut, remove, or lease any timber, gravel, oil, gas, coal, or other minerals except as may he necessary for ordinary domestic purposes. ( Io). 'ro comply with all laws, ortlina)lces, and regulations affecting the property. (1 1) To pay or reimburse the Government for expenses reasonably necessary or incidental to the protection of the lien and priority hereof and to the enforcement of or the compliance with the provisions hereof and of the note and any supplementary agreement (whether before or after default), including hilt not limited to costs of evidence of title to and survey of the property, costs of recording this and other instruments, attorneys' fees, trustees' fees, court costs• and expenses of advertising, selling, and conveying the property. (12) Neither the properly or any portion thereof or itterest therein shall be leaser!, assigned, sold, transferred, or encumbered, voluntarily or otherwise, without the written consent of the Govk•rnnicnt. The Government shall have the sole and exclusive rights as beneficiary hereunder, including but not limited to the power to grant consents, partial releases, subordinatioils, and satisfaction, and no insured holder shall have any right, title or interest in or to the lien or any benefits hereof. (13) At all reasonable times the Government and its agents may inspect the property to ascertain whether the covenants and agreements contained herein or in any supplementary agreement are being performed. (14) The Government may expend anti defer the maturity of and renew and wanulrtize the debt evidenced by, the note of arty indebtedness to the Government secured hereby, release from liability to the Government any party so liable thereon, release portions of the property from anti subordinate the lien hereof, and waive any other rights, hereunder, without affecting the lien or priority hereof or the liability to the Government of Borrower or any other party for payment of the note or indebtedness secured hereby except as specified by the Governmcnt in writing. (IS) The power to appoint a substitute trustec is hereby granted to the Government and its assigns, to be exercised at ally lime hereafter, without notice and without specifying any reason therefor, by filing for record in the off -ice where this instrument is recorded an instrument of appointment, whereupon the substitute trustee shall succeed to all the estates, rights, powers, and trusts hercin granted to or vested ill 'trustee, and the former trustee or substitute trustee shall be divested lhereut; and notice of the exercise of this power and any requirement of,. or right to require, a bond from any trustee hereunder, are hereby waived. (16) if at any time it sha'.1 appear to the Government that Borrower may be able to obtain a loan from a production credit association, a Federal land bank, or other responsible cooperative or private credit source, at reasonable rates and terms for loans for similar purposes and periods of time, Borrower will, upon the Government's request. apply for and accept such loan in sufficient anunutt to pay the note and any indebtedness secured hereby and to pay for any stuck necessary to be purchased in it cooperative lending agency in connection with such loan. (17) Default hereunder shall constitute default under any other real estate, or under any personal property or other, security instrument held or insured by the Government and executed or assumed by Borrower, and default under any such other security instrument 01a11 constitute default hereunder. (19) SHOULD DFFAULT occur in the performance or discharge of any obligation ill this instrument or secured by this instrument, or should any one of the parties rruned as Borrower dic or he declared an incompetent, a bankrupt, or an insolvent, or stake ;ill assignment for the henefit of creditors. the Govern- ment, at its option. with or without notice, may: (a) declare the entire amount unpaid under the note and ally indebtedness to the Government hereby secured immediately clue and payable, (b) for the accounl of Borrower incur and pay reasonable expenses fur repair or maintenance of and :ake possession of, operate or rent the property, (c) upon application by it and production of this instrument, without other evidence and without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in like cases, and (d) authorize and request Trustee to foreclose this instrument and sell the property as provided by law. p�C). =Lf far[ 836 (9) To maintain improvements in good repair and make repairs required by the Government; operate the property in a good and husbandmanlike manner, couilply with such firm conservation practices and farm and home management plans as the Government frogs time to time may prescribe; and not to abandon the property, or cause or.pernlit waste, lessening or impairment of the security covered hereby, or, without the written consent of the Government, cut, remove, or lease any timber, gravel, oil, gas, coal, or other minerals except as may he necessary for ordinary domestic purposes. ( Io). 'ro comply with all laws, ortlina)lces, and regulations affecting the property. (1 1) To pay or reimburse the Government for expenses reasonably necessary or incidental to the protection of the lien and priority hereof and to the enforcement of or the compliance with the provisions hereof and of the note and any supplementary agreement (whether before or after default), including hilt not limited to costs of evidence of title to and survey of the property, costs of recording this and other instruments, attorneys' fees, trustees' fees, court costs• and expenses of advertising, selling, and conveying the property. (12) Neither the properly or any portion thereof or itterest therein shall be leaser!, assigned, sold, transferred, or encumbered, voluntarily or otherwise, without the written consent of the Govk•rnnicnt. The Government shall have the sole and exclusive rights as beneficiary hereunder, including but not limited to the power to grant consents, partial releases, subordinatioils, and satisfaction, and no insured holder shall have any right, title or interest in or to the lien or any benefits hereof. (13) At all reasonable times the Government and its agents may inspect the property to ascertain whether the covenants and agreements contained herein or in any supplementary agreement are being performed. (14) The Government may expend anti defer the maturity of and renew and wanulrtize the debt evidenced by, the note of arty indebtedness to the Government secured hereby, release from liability to the Government any party so liable thereon, release portions of the property from anti subordinate the lien hereof, and waive any other rights, hereunder, without affecting the lien or priority hereof or the liability to the Government of Borrower or any other party for payment of the note or indebtedness secured hereby except as specified by the Governmcnt in writing. (IS) The power to appoint a substitute trustec is hereby granted to the Government and its assigns, to be exercised at ally lime hereafter, without notice and without specifying any reason therefor, by filing for record in the off -ice where this instrument is recorded an instrument of appointment, whereupon the substitute trustee shall succeed to all the estates, rights, powers, and trusts hercin granted to or vested ill 'trustee, and the former trustee or substitute trustee shall be divested lhereut; and notice of the exercise of this power and any requirement of,. or right to require, a bond from any trustee hereunder, are hereby waived. (16) if at any time it sha'.1 appear to the Government that Borrower may be able to obtain a loan from a production credit association, a Federal land bank, or other responsible cooperative or private credit source, at reasonable rates and terms for loans for similar purposes and periods of time, Borrower will, upon the Government's request. apply for and accept such loan in sufficient anunutt to pay the note and any indebtedness secured hereby and to pay for any stuck necessary to be purchased in it cooperative lending agency in connection with such loan. (17) Default hereunder shall constitute default under any other real estate, or under any personal property or other, security instrument held or insured by the Government and executed or assumed by Borrower, and default under any such other security instrument 01a11 constitute default hereunder. (19) SHOULD DFFAULT occur in the performance or discharge of any obligation ill this instrument or secured by this instrument, or should any one of the parties rruned as Borrower dic or he declared an incompetent, a bankrupt, or an insolvent, or stake ;ill assignment for the henefit of creditors. the Govern- ment, at its option. with or without notice, may: (a) declare the entire amount unpaid under the note and ally indebtedness to the Government hereby secured immediately clue and payable, (b) for the accounl of Borrower incur and pay reasonable expenses fur repair or maintenance of and :ake possession of, operate or rent the property, (c) upon application by it and production of this instrument, without other evidence and without notice of hearing of said application, have a receiver appointed for the property, with the usual powers of receivers in like cases, and (d) authorize and request Trustee to foreclose this instrument and sell the property as provided by law. 837 i rc,,►' 417 ,�,r 8;i7 ' (19) At the request of the Government, Trustee may foreclose this instrument by advertisement and sale of the property as provided by law, for cash or secured credit at the option of the Government, personal notice of which sale need not be served on Borrower. such sale may he adjourned from time to time without other notice than oral proclamation at the tinge and place appointed for such wle and correction made on the posted notices, and at such sale the Government and its agents may bid and purchase as a stranger. Trustee at his option may conduct such sale without being personally present, through his delegate authorized by him for such purpose orally or in writing, and Trustee's execution of a conveyance of the property or any part thereof to any purchaser at foreclosure sale shall be conclusive evidence that the sale was conducted by Trustee personally or through his delegate duly authorized in accordance herewith. (20) The proceeds of foreclosure sale shall he applied in the following order to the payment of: (a) costs and expenses incident to enforcing or complying with the provisions hereof, (b) any prior liens required by law or a competent court to be so paid, (c) the debt evidenced by the note and all indebtedness to the Government secured hereby, (d) inferior liens of record required by law or a competent court to be so paid, (e) at the Government's option, any other indebtedness of Borrower owing to or insured by the Government, and (0 any balance to Borrower. In case the Government is the successful bidder at fore- closure or other sale of all or any part of the property, the Government may pay its share of the purchase price by crediting such amount on any debts of Borrower owing to or insured by the Government, in the order prescribed above. i (21) All power: and agencies granted in this instrument are coupled with an interest and are irrevo- cable by death or otherwise-. and the rights and remedies provided in this instrument are cumulative to remedies provided by law. (22) Borrower recognizes,that, pursuant to Federal law, the Government will not he bound by any present or future State laws, (a) providing for valuation• appraisal, homestead or exemption of the property, (b) prohibiting maintenance of an action for a deficiency judgment or limiting the amount thereof or the time within which such action must he brought,(c) prescribing any other statute of limitations. ((1) allowing _ + any right of redemption or possession following any foreclosure sale, or (e) limiting the conditions which the Government may by regulation impose, including the interest rate it may charge. as a condition of i approving a transfer of the property to a new Borrower. Borrower expressly waives the• benefit of any such State laws. Borrower hereby relinquishes• waives, and conveys all rights, inchoate or consununate,of descent. dower, and curtesy. l23) if any part of the loan for which this instrument is given shall be used to finance the purchase, • construction or repair of property to he used as an owner -occupied dwelling (herein called "the dwelling") and if Borrower intends to sell or wnt the dwelling and has obtained the Government's consent to do so (a) neither Borrower nor anyone authorized to act• for him, will, after receipt of a bona fide offer, refuse to negotiate for the sale or rental of the dwelling or will otherwise make un:uvar`lable or deny the dwelling to anyone because of race, color, religion or national origin, and (b) Borrower rccogni7cs as illegal and hereby disclaims. and will not comply with or attempt to enforce any restrictive covenants on dwelling relating to race. Color, religion, or national origin. C 4) ')'his instnnnent shall be subject to the present regulations of the Farmers Iiome Administration, and to its future regulations not inconsistent with the express provisions hereof. (25) Notices given hereunder shall he sent by certified mail, unless otherwise required by law, addressed, unless and until sonic other address is' designated in a notice so given, in the case of the (;overnment to Farmers home Administration, United States Department of Agriculture, at Richmond, Virginia- 23240, :and in the case of Borrower to him at his post office address stated above. (26) If any provision of this instrument or application thereof to any person or circumstances is held invalid, such invalidity will not affect other provisions or applications of the instrument which can be given effect without the invalid provision or application, and to that end the provisions hereof are declared to be severable. WITNESS the hand(s) and scal(s) of Borrower the day and year first above written. . -��--s4-W------------------ (SEAL) Ju a S. Ladd ................................................................... (SEAL) oar v ' i ti ti` v 1 p f c ti 'v J 0 I JF zso.oe • ' �s /S64 u l ' «.alit /t/�/ �•' -a do ( Jib' 4 f /i `• ��" 1 tr 1 1 (1 o • ! / s • \ � 1 Va . Ste /Pi t 6 3 • - • titer • f • . /(H f: ;, FREO.'MCK COUNTY. SCT. / i r s rs;rumont Of writlnq w", produwed to me on the •(i•_ • day of --O-Z� _ �.'(� „� �• _•••, anJ with car:i:icite of acknowledgment thereto annex as admitted lv rtc.nL / , W� fit/' 0. Q,� aerlL BMB: smb 8-4-75 2802B MCHN19 AHD 13wr"im ATTON"T1 AT LAW Mwevr,Ns•rs)-. VA. SA001 i/.py7N CAYfA.N .T.f[r k•, kir�c**ikirk�c*k*tic�ririeickiFk*** *..** WILLIAM E. RUSSELL, ET AL TO: .. EASEMENT IT ' BOTTLERS INTERNATIONAL, INC. Bc�x 4-70 PACE 4-L:7 THIS DEED OF EASEMENT, made and dated this 25th day of July, 1975, by and between WILLIAM E. RUSSELL and ANNA MARY RUSSELL, his wife, parties of the first part, hereinafter called the Grantors, and BOTTLERS INTERNATIONAL, INC., a Virginia corporation, party of the second part, hereinafter called the Grantee, and BENJAMIN M. BUTLER, Trustee, party of the third part, and THE COMMERCIAL AND SAVINGS BANK„ of Winchester, Virgini party of the fourth part. - WITNESSETHs That forand in consideration of the sum of One Dollar, ($1.00), cash in hand paid and other good and valuable consideration, the receipt of which is hereby acknow edged, the Grantors, party of the third part and party of the fourth party do hereby grant unto the Grantees an appurtenant easement for the purpose of ingress and egress to and from Virgin Secondary Highway No. 663 over their land known and designated as Lot 7, Section 3, Russell's Paradise Subdivision, which said right of way is more particularly described by survey drawn by Richard U. Goode, C. L. S., dated July 29, 1975, attached hereto and by this reference made a part hereof as if set out in full. The parties of the third part and fourth part by their execution of- this Deed of Easement do not release that certain Deed of Trust dated April .9, 1973, of record in the -Clerk's Of fie of the Circuit Court of Frederick County, Virginia, in Deed Book 406, at Page 618. " WITNESS the following signatures and seals: WILLIAM E. RUSSELL (S7 TUB B ER, rustee • 41$ n WC20M A" soaL::lt Mnw 3nPWsaf6 VA. 22001 pwm Gros+ craw ek a;1..� 470 ME 4.L THE COMMERCIAL AND SAVINGS BANK of Winchester, Virginia By ATTEST,. - % STATE OF VIRGINIA, C,4G� OF � to -wit: - I , �Qie f11 c�_ ', a Notary Public in and for the State and aforesaid, do hereby certify that WILLIAM E. RUSSELL and ANNA MARY RUSSEL'L, his wife, -whose names are signed to the foregoing Deed of Easement, dated July 25, 1975, have personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand t is Y= day of , 1977. My commission expires AM,&..nit nk3- l97- 0—A. **� NOTARY PUBLIC STATE OF VIRGINIA, COUNTY OF FREDERICK, t0-wit: , a Notary Public in and for the State and County aforesaid, do hereby certify that BENJAMIN M. BUTLER, Trustee, whose name is signed to the forego Deed of Easement, dated July 25, 1975, has personally appeared before me and acknowledged the same in my State and County aforesAid. Given under my hand this Gj�day of J ,tkq —f , I975. My commission expires &:Lq/'L§k c�C) . / Q � I -2- 01 TARY PUBLIC jk r,• _ - 6L'f, 470 442.0 - r` 1, D.15.403, p.661 c� \`3. S c ale 1 ' 100' - T .zs3.Co . .0 P• 90 F 0 _ LOT 140 . • o a:. J - !{USSELLS PAAA1)1 S:' S UDDIV L11 ON o iH Q' o see Deed Book 410, pages 271-282. to '. ' bi Ph f • c3 .i H ,z .0 • 47% N a, O • �� . i scc. W 25U.OU' i't 83 deb;. 21 Min. � • . _ PLATS1iC7:iI:iG 6Ut ltItii't'-0j,'_WAY L EADIidG FRUM i��JAD wo. 661 •': TO Tt:E LANI) OF BOWLERS? tirt'c;!{N„'rIONAL INC. Loc,-,,tad in Stonewall MajT steri.al Distri ct',, . Frederick County, Virg nia. 1)1•awn -July 29, ' !{IcEARD U. t;00U Certified Lardounreyor =Ci• ��/•- � day of - d.2- , Pro'iuc�d to me on the..=•� -ment ther®to annexed eras tdrnt`�ad and w°th certificate of actcnowtedg •. .= ..9 , 470 FACE 4 L0 STATE OF VIRGINIA, (� _. C n t { �� , , •,«� a Notary Public in and for the. State and �y� (•. • aforesaid, do hereby certify that j GZL (1 1. ---i and ` ` who are i� , c c ,y L:., �;r.t l and respectively, of THE COMMERCIAL AND SAVINGS BANK of -Winchester, i Virginia, and whose names are signed to the foregoing Deed of Easement, dated July 25, 1975, have personally appeared before me and acknowledged the same in my State and -,aforesaid. Given under my hand this -''`- day of 1975. 1975. My commission expires�'li 1 UCKXX wxn f3vrr sn A7'l'V�..7.T� A7 LM MOrozm�.i. VA. 13601 t. sovn. uruo» n�itT -3- i t sick .117 83:i AAMIN R, TRUSTEE THE COMMERCIAL AND SAVINGS BANK OF WINCHESTER, VIRGINIA By 1•'•.• STATF-"Pt 'VIRGINIA, OF� /C TO -WIT: I, /,�� (l✓.. ,�,,�«�� , a Notary Public in and for the State and aforesaid, do hereby certify that WILLIAM E. RUSSELL an ANNA MARY RUSSELL, his wife, whose names are signed to tho foregoing Deed, dated _ 4/ , 197 5, have personally appeared before me and ac nowledged the same in my State and�� 01 aforesaid. Given under my hand this // day of 1975_ My Commission expires MCICRR Axn BIrrI.KE ATTO.MWT1 AT 4v MaC11NOTU116 VA. 82601 1/O.YTN CAY..OM .i..s? STATE OF VIRGINIA, COUNTY OF FREDERICK, TO -WIT: a Notary. Public in and for the State and County aforesaid, do hereby certify that BENJAMIN M. BUTLER, TRUSTEE, whose name is signed to the foregoin Deed, dated ,Gtq,/ta,-t- 1975 , has personally appeared before me and acknowledged the same in/my State and County aforesaid. Given under my hand this iC day of Aek c , 197 5. My Commission expires _ /-/I -3- 62 . MCiCit AND BVrL=R AT""W" &7 a.wr Mawcr*w"r. VA. as"& n oovrr t.rawor nwasr 832 STATE OF VIRGINIA, OF �4c cue.. �Ir � TO -WIT: I, Anil a Notary Public in and for the State and aforesaid, do hereby certify that Zy B -�( and '7nw1 ✓s •)r I 7 , who are L111 /%.S and L y • 21, j& Ae c o respectively, of THE COI-LMERCIAL AND SAVINGS BUNK OF WINCHESTER, VIRGINIA, and whose names are signed to the foregoing Deed, dated k wf% 1975, have personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand this ��day of , 1975. My commission expires ,l.gal;�iA FRMIRICK COUNTY, s produced to me on the T is� instrLrient of writing wag P at 19_ — �d wi1'� cc- of a aowlydgment thereto annata'l was . i:,i�t.:►d r_cocd. '1'ax 5d•�4.1 of to and 5::-54 have been paid, ii a s©able. �L -4- 829 f Y i GV6 •!E -M�E -IE •IE •lF iF iE il- � it ik �F !F � * jt �k if •i(- •� � il• •1F •lciE iF iE it •)F �t -x- it iE � -1F at �• _ .. .. .._ . .. _ .. _ _ ,� ^ / r v . #2375 WQ.tLIAM E. RUSSELL, ET UX �BMB:smb. TO :: :: DEED-17-75 JUNE S. LADD * /-�Cj 17 THIS DEED, made and dated this day of t� 1975, by and between WILLIAM E. RUSSELL and ANNA MARY RUSSELL, his wife, parties of the first part, hereinafter called the Grantors, and JUNE S. LADD, party of the second part, hereinafter called the Grantee, and BENJAMIN M. BUTLER, Trustee, party of the third part, and THE COILMERCIAL AND SAVINGS BANK OF WINCHESTER VIRGINIA,,party of the fourth part., WITNESSETH: That for and in consideration of the sum of Ten Dollars, ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledg ., the Grantors do hereby grant and convey in fee simple absolute, with general warranty of title unto the Grantee, as feme sole, to be her equitable separate estate, the curtesy interest or righ of her present or any future husband being hereby expressly excluded by this instrument as provided 'in S64.1-21, Code of . Virginia, 1950, as amended, all of that certain lot or parcel of land, together with the improvements thereon and the appurtena ces' thereunto belonging, lying and being situate in Stonewall Magiste ial I District, Frederick County, Virginia, being situate on the West side of Virginia Secondary Highway No. 661, and more particularly described as Lot No. 7, Section Three, Russell's Paradise Subdivision, a plat of which, dated March 8, 1973, revised April. 26, 1973, drawn by Charles H. Kirkland, C. L. S., is attached to that certain Deed of Dedication of record in the Office of the Clerk of the Circuit Court of .Frederick County, Virginia, in Deed Book 410, at Page 280; and being a portion of the same land conveyed to William E. Russell and Anna Mary Russell, his wife, by deed dated April 9, 1973, from Bottlers International, Inc., of record in the aforesaid Clerk's Office in Deed Book 406, at. MCKss wxa Dtz•tsa Page 615. Maarciawwraa vim. s:oot This conveyance is made subject to all easements, right! .1 W VfN 4wawOw KwttT of way and restrictions of record affecting the subject property, 30 . i[CR.S A" sarLsi �rewsrw AV u� •a.caa�ro, V� li�01 .1 OOUT% t-g..» B1a.[1 and particularly those contained in that certain Deed of Dedicati dated June 1,•1973, and the Addendum.to Deed of Dedication, dated June 12, 1973, of record in the aforesaid Clerk's Office in Deed Book 410, at Page 270, and Deed Book 411, at Page 176, respective which restrictive covenants are by this reference incorporated herein as if set out in full, and to that certain 60 foot right of way centered along the Northeastern boundary of the subject property and more fully described'by plat of survey drawn by Rich U. Goode, C. L. S., dated July 29, 1975, of record in the aforesa Clerk's Office, attached to that certain Deed of Easement dated July 25, 1975, by and between William E. Russell, et al, and Bottlers International, Inc. The property hereby conveyed is subject to a Deed of Trust dated April 9, 1973, securing an indebtedness of the Granto to The Commercial and Savings Bank of Winchester, Virginia, of record in the aforesaid Clerk's Office in Deed Book 406, at Page 618, wherein Benjamin M. Butler, et al, are designated Trustees, either one or both of whom may act for any purposes, including release purposes. The party of the third part, as Trustee under the Deed of Trust and at the direction of The Commercial and Savi Bank of Winchester, Virginia, and the party of the fourth part, a secured party and present noteholder, do together join in this D& hereby releasing the parcel herein conveyed from said Deed of Tru but reserving the lien of said trust against any parcel not released hereby or previously released. The Grantors do hereby covenant that they have the righ to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens.am encumbrances; and they will grant such further assurances of titl, as may be requisite. WITNESS the following signatures and seals: WILLIAM E. RUS ELL 1 %7 (SE, ANNA MARY RUSSELL -2- as L) 1 . i[CR.S A" sarLsi �rewsrw AV u� •a.caa�ro, V� li�01 .1 OOUT% t-g..» B1a.[1 and particularly those contained in that certain Deed of Dedicati dated June 1,•1973, and the Addendum.to Deed of Dedication, dated June 12, 1973, of record in the aforesaid Clerk's Office in Deed Book 410, at Page 270, and Deed Book 411, at Page 176, respective which restrictive covenants are by this reference incorporated herein as if set out in full, and to that certain 60 foot right of way centered along the Northeastern boundary of the subject property and more fully described'by plat of survey drawn by Rich U. Goode, C. L. S., dated July 29, 1975, of record in the aforesa Clerk's Office, attached to that certain Deed of Easement dated July 25, 1975, by and between William E. Russell, et al, and Bottlers International, Inc. The property hereby conveyed is subject to a Deed of Trust dated April 9, 1973, securing an indebtedness of the Granto to The Commercial and Savings Bank of Winchester, Virginia, of record in the aforesaid Clerk's Office in Deed Book 406, at Page 618, wherein Benjamin M. Butler, et al, are designated Trustees, either one or both of whom may act for any purposes, including release purposes. The party of the third part, as Trustee under the Deed of Trust and at the direction of The Commercial and Savi Bank of Winchester, Virginia, and the party of the fourth part, a secured party and present noteholder, do together join in this D& hereby releasing the parcel herein conveyed from said Deed of Tru but reserving the lien of said trust against any parcel not released hereby or previously released. The Grantors do hereby covenant that they have the righ to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens.am encumbrances; and they will grant such further assurances of titl, as may be requisite. WITNESS the following signatures and seals: WILLIAM E. RUS ELL 1 %7 (SE, ANNA MARY RUSSELL -2- as L) 1 t Bodi 497 acE 3 All of that certain lot or parcel of land lying, being and situate in Stonewall Magisterial District, Frederick County, Virginia, be- ing situate on the West side of Virginia Secondary Highway 661 and more particularly described as Lot 7, Sec. Three Russell's Paradise Sub- division, a plat of which, dated March 8, 1973, revised April 26, 1973 drawn by Charles H. Kirkland, C. L. S., is attached to that certain deed of dedication recorded in Deed Book 410, at page 280, of the land records of Frederick County Virginia= And being the same property conveyed to the Grantor be deed recorded in Deed Book 469, at page 160 of the aforesaid County land records. IIRL'tJ�4 FtL1JF { Y:•. J:.' %l f � :r xItK-uf to rno on the bay 0 et, DCI./-�'•/••-=•-- and wu !th r,tic nt tt►aIto to �ecurd • M 500K 497 ?ICE 2 STATE OF VIRGINIA • TO-WITr CITY/COUNTY OF The undersigned, a Notary Public to end for the City/County aforesaid in the State of Virginia, does hereby certify thet and who" name is/are signed to the foregoing deed bearing date af_ has (hove) this day acknowledged the some before A@ in my City/County and State aforesaid. Given under my hand this day af 19 My commission expires on the day of 11 Notary Public ASSIGNMENT for value received. Ike undersigned does hereby transfer, assign and set -over unto General Electric Credit Corporation, all of Ice right, side and Internet In and to tko within Dead of Trust from Ralph W.. Anderson Sr. and wife Kathleen Anderson to Trigg Home Improvers. Inc. doted—Augus!-3 . 19-1-8-. the undersigned having assigned the Contract secured by this Deed to General Electric Credit Corporation. IN WITNESS WHEREOF the undersigned has hereunto sat its hand and seal, and these presents to be signed by its duly outharised officer this 17 day of August tg %8 , ,g1tilliij �t Trico Home Improve fIY1C,:�• Eyr ,w•..-'.President ' :. •. � •:tie) STATE OF N. C. ACKNOWLEDGMENT (CORPORATE) -;• xa�x�car��ac>x tines ni COUNTY OF Guilford I N. C. t, theiundenigned, a Notary Public In and for the State of *;WXnd County aforesaid, do certify that James E. T tml i n i. President OF Trico Home Improvers. the corrrp��orration described in and which eseculod the above writing bearing date on the 17 day of August and that he acknowledged the same before me In my County aforesaid. r� p Given under my hand and official seal ►his 17 day of August My commission eaplres on AVA HEDRICK dsn day of Notary PubhC My Comnussrun t,.pires May 29. 1983 Guil!ord County, N. C, H ✓� Notary ►ublk ACKNOWLEDGMENT (INDIVIDUAL) ? STATE OF VIRGINIA \/\ ! S COUNTY Of to. i I, the undenigned, a Notary Public to and for the State of Virginia and County aforesaid, do certify that ! whose moms (or names) Were signed to the foregoing writing, bearing date on the day af Tf has (or haw) acknowledged the some before me In my county aforesaid. i . Given ender my hand this day af itt t f ' My commission expires an i the day of ! Tf j Notary Fublk ! I ! 1 ilGlfloZ - J sooK 497 DEED O?-TRUST s3a��_o THIS DEED OF TRUST, made his_� 0_nay to�.UgUr__� 19_7 $ , between Ralph W.. Andersdnr• and Kathleen AndQ,IrIItOUGQwwn _of Fredrick County, State of Virginia, parties of the first part, and _Robert A. Fustilnik-and-Arthur F. Samuels both residents o flip n r i to C n u nt y V i r g i n i a_ Trustees, parties of the second part, either of whom may act: WITNESS, that the party of the first part as Buyer is purchasing certain goods and services or services (called Property Imorovements hercin) from the Contractor under a Home Improvement Installment Contract (called Installment Contract herein) dated_ ..._ August 3, 19 _78._, with party of the first part unpaid indebtedness thereunder (referred to therein as Total of Payments) being$8174• 80 _, payable at the offices of General Electric Credit Corporation at PJ St —Off CIR Rnx K-1 00_ Richmond Virginia consecutive monthly installments, each installment in the amount of S 99_- 70 _ ____ _, except the final installment of s, — same _ the first installment being payable one month from the date of completion of the property improvement unless a dif-ferent first payment date is inserted here_ _ _ _. _—___ __— ___—_._ ___ ___.. the remaining installments payable thereafter on like t date of each month, the Installment Contract also providing for delinquency and collection charges. NOW. THEREFORE, to secure the payment and performance by party of the first part of the Installment Contract and the performance of the covenants herein contained and to induce the Contractor to enter into the Installment Contract with party of the first part and for other good and valuable consideration, the receipt whereof is hereby acknowledged, the party of the first part does hereby grant and convey with general warranty, unto the parties of the second part, the following properly, to -wit: All that certain lot, piece or parcel of land, with the buildings and improvements hereon erected, situated, lying and being in the City of Siler__Routg,_Box _74 __Wi.nc,heste.r_r Fre.driek County, State of _Virginia premises known as and by the street number **See Attached Legal Description** being and intended 16 he the same premises conveyed to_ Rtilph_W, Sr. &-Kathleen_Andersnn , his wife, from _— June_S..Ladd McIntire— recorded Clerks Office. __ Cirridt_Court — FRederiek County, City of _ __ Winchester ---.—._ State oL__.____Vir_ginia in Deed Book___ 469 _ at page_ 160 In the event of the resignation, death, incapacity, disability, removal, or absence from the State of any Trustee, or should either refuse to act or fail to execute this Trust when requested, then any other Trustce shall have all the rights powers, and authority and be charged with i the duties that are hereby conferred or charged upon both: and n such event, or at the option of the holder of the contract and with or without cause, the holder of the contract is hereby authorized and empowered to appoint, and to substitute and appoint, by an instrument recorded where - ever this Deed of 'f rust is recorded, a 7 rustec in the place and stead of any Trustee herein named or any succeeding or substitute Trustee which appointed and substitute Trustee shall have all the rights, powers, and authority and be charged with all the duties that are conferred or charged upon any '1 rustcc hercin named. Whenever taxed, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all other genders. THIS Dh.ED OF TRUST is made under the provisions of Sections 55-59 and 55-60 of the Code of Virginia as now in force and sball be construed to impose and confer upon the parties hereto and the beneficiaries hereunder all the duties, obligations and rights provided in said sec- tions. and in short form as said Section 55-60 provides: Exemptions waived Subject to all upon default Renewal or extension permitted Insurance required $ Adequate Advertising required Five times in a newspaper Published in ■ Local Newspaper, Virginia Signed, Scalcd and Delivered in the presence of: -� t n",&Xn '-:Xeanette A Snow lt:� a �, (SEA(_) Witness/f Ralph W. Anderson, Sr. < eq*Z e,>-�J (SEAL) / Witness athleen Anderson (./ STATE OF NORTH CAROLINA PROOF BY SUBSCRIBING WITNESS QOQs75Lt�f fi'S�7I l4XOQ}t: Y lX COUNTY OF N. C. 1, the undersigned. a Notary Public in and for the State of )V)JXXX- and County aforesaid• do certify that a execution of the foregoing writing, bearing date of—� ---day of llgt,_______—, 19. �' &. —RalphW. AnA prilidK8thl APn Anders n whose name (or names) is (or are) signed thereto, was proven before me in my county aforesaid, by the evidence on oath of Jerry M. RarnpR and James A. Walker subscribing witnesses to said writing. Given under my hand and official seal this i? ___ day of August My commission expires'on AVA HEORrr. the.. day of Notary Public MY Commission Expires May. ,�91�19�b; Aw+lord County, r, - Notary Public HMC-46E-VA (5-771 BOTTLE$"S INTERNATIONAL, INC. TO: .. .. DEED ALEC C. GUNTER BooK 459 ;ref 3S 9 THIS QUIT -CLAIM DEED, made and dated this 6th day of January, 19760 by and between BOTTLER'S INTERNATIONAL, INC., a Virginia Corporation, party of the first part., hereinafter called the Grantor, and ALEC C. GUNTER, party of the second part, hereinafter called the Grantee. WITNESSETHi That for and in consideration of the sum I of Ten Dollars, ($10.00), cash in hand paid and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, convey and quit -claim unto the party of the second part all of its right, title and interest which it may have in and to the following described propertyi All of that ce-rtain tract or parcel of land, together with all improve- ments hereon and appurtenances thereunto belonging, located about two and one-half miles from the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, on both sides of the Welltown Pike (Virginia Secondary Highway No. 661). and containing 123.58 acres, more or less, and being the same property conveyed to Bottler's International, Inc. from Alec C. Gunter. at Vx, by deed dated December 5, 1968, of record in the Clerk's Office of the Circuit Court of Frederick County. Virginia, in Deed Book 349, at Page 691. LESS AND EXCEPTING that certain conveyance of 1.785 acres, by deed dated January 30. 1973, from Bottler's International, Inc. to Arthur H. Jones, at ux, of record in the aforesaid Clerk's Office in Deed Book 403, at Page 661, and that certain conveyance containing 37.58 acres, made by Bottler's International, Inc. to William E. Russellt at ux, by deed dated April 9. 19730 of record in the aforesaid Clerk's Office in Deed Book 406, at Page 615. Reference is made to the aforesaid deeds for a more particular description of the property herein conveyed, O I •a aooR 459 'Pace 3�J This conveyance Is' made in groes'and not by the acre WITNESS. the following signatures and seals ��`� • if BOTTLE 5 INTER ATIONALe INL•.. ti•t„ ; y ALEC C. GUNTLR, Presidf. �,. AT-TTESTs, f •••►.•,,,,,..••.rRIARJORIE R. GUNTERj Secretary I! . (STATE OF VIRGINIA r of li)i�,/�i.,./il�, to -wit I� a Notary Public in and for the State and aforesaid. do hereby certify tha ALEC C. GUNTER, President and of BOTTLER'S INTERNATIONAL, INC. whose names are signed to the foregoing Quit -Claim Deeds bearing date of January 6, 1976, have personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand this �day of'a,ft 1976, My commission expires NOT Y PUBLIC 4 tG CA FRFO£RICK COUNTY, SCT. p This Instrument of writing was produced to me on the.�,L.., day of Qexed and with cartlficato of acknowledgment thereto was admitted record. 10 b t.P � I r�j U� / 2802 5-1-73 BM B : d j. #1998 WILLIAM E. RTTSSFLL FT TTX TO :: :: DFM OF DFMCATION COTTNTY OF FREDZIRICK, VIRGINIA ET AL 270 THIS DEED OF DEDICATION made and dated this day of , 1973, by and between WILLIAM E. RUSSELL and.ANNA MARY RUSSELL, his wife, parties of the first part, hereinafter called the Grantors, and the COUNTY OF FREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantees, and THE COMMERCIAL AND SAVINGS BANK, of Winchester, Virginia, party,of the third part and BENJAMIN M. BUTLER, TRUSTEE, party of the fourth part, and .BOTTLERS INTERNATIONAL, INC., a Virginia Corporation, party of the £ift)4 part. WHEREAS, the Grantors are the owners in fee simple of a certain tract or parcel of land, situate within the County of Frederick, Virginia, to -wit: All of those certain tracts of land containing 37.58 , Acres in t':?e aggregate and known as Russell's Paradise Subdivision, located in Stonewall Magisterial District, Frederick County, Virginia, being situate on the North side of Virginia Secondary Highway No. 663 and on the East and West side of Virginia Secondary Highway No. 661, and more particularly described as shown on the plat and survey dated March 8, 1973, rev sed April 26, 1973, drawn by Charles H. Kirkland, C. L. S., attached hereto and by this reference made a part hereof as if set out in full, and )being the same realty conveyed to William E. Russell and Anna Mary Russell, his wife, by deed dated April 9, 1973, from Bottlersi I International, Inc., of record in the Office of the Clerk of Circuit Court of Frederick County, Virginia in Deed Book 406 t Page 615; and, WHEREAS, the Grantors now desire to subdivide the same into lots to be known as Russell's Paradise Subdivision and that the above and foregoing subdivision of the above described propert,, as it appears on the attached plat is with the free consent and in NICIiF.S AND DUTLEn ATTORN►CY!! AS LAW ' Wl2(TOUNER.ATLAW01 accordance with the desire of the undersigned owners, proprietors 11 iQUTN CAMEROM /TR!!7 and trustees, and that the said Grantors do further desire to aforesaid property in accordance with the provisions subdivide the a p pe y _1_ 271 c3! OK 40 Fhru 27 f of "The Virginia Land Subdivision Act", as are applicable and the applicable Ordinances of Frederick County, Virginia, and to dedica the streets and easements as shown on said plat, to the County of Frederick, Virginia; and, WHEREAS, the Grantors, by deed of trust dated April 9, 1973, of record in the aforesaid Clerk's Office in Deed Book 406 at Page 618, conveyed the subject land to Benjamin M. Butler and Stephen G. Butler, Trustees, either one or both of whom may act, in trust to secure a certain bond in the amount of $145,000.00, payable to The Commercial and Savings Bank of Winchester, Virginia or order; and, WHEREAS, Bottlers International, Inc. desires to dedicate that certain strip of land, 15 feet in width, measured from the center line of the existing }roadway known as Virginia Secondary Highway No. 663 (being the same land as the now existing roadway) and to dedicate the Western 30 feet of that certain roadway designated Route 661 (being the same land as the now existing road way), all as is shown on the aforesaid plat attached hereto and by reference made a part hereof as if set out in full. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETIi: That for valuable consideration of the premises and the benefits which will accrue by reason of this dedication, the Grantors, the party .z of the third part and the party of the fourth part do hereby sub- �divide, grant and dedicate, in fee simple, all of that certain portion of land designated as Russell's Paradise Subdivision, located in Stonewall Magisterial District, Frederick County,Virgin being situate on the North side of Virginia Sec<�nc'iriry Ilioliway No. JJ 663 and on the East and West side of Virginia Secondary Highway I No. 661, and more particularly described as shown on the plat and survey dated March 8, 1973, revised April 26, 1973, drawn by Chrirl(i, H. Kirkland, C. L. S., attached hereto and made a part hereof, ancl' by this reference incorporated as a part of this deed as is set apart for streets, alleys, public easements, or other public use and to create a public right of possession of the same, and being i i -2- :e a S j BOCK 410 w-r . PM ti i the same land conveyed to William E. Russell, et ux, by deed dated April 9, 197.3, from Bottlers International, Inc., of record in the aforesaid Clerk's Office in Deed Book 406 at Page 615. All of the lots as shown on the plat attached hereto shal The subject to the following restrictions, which are covenants real running with the land and shall be binding on all subsequent owner of the said lots and each deed shall contain these restrictions oY incorporate them by reference: .1. LAND USE: No lot shall be used except for single- family residential purposes. 2. BUILDING LOCATION: No building of any type, includin porches, verandas, and garages, or any portion thereof, shall be located on any.lot closer than thirty-five (35) feet from the property line of said lot adjoining a street or road. Further, no such building, or portion thereof, shall be placed on any lot closer than twenty-five (25) feet for any side lot line not adjoin ing a street or road, nor closer to a rear lot line than twenty- five (25) feet or a distance equal to fifteen percent (15%) of the distance of the shortest side lot line of that lot, whichever is greater. If two or more adjoining lots are acquired by the same owner, a home may be built on more than one lot and in such case, the restriction pertaining to minimum side lot lines, hereinbefore recited, shall not apply to the common boundary line between the two lots but shall apply with respect to the boundary lines of the two lots abutting the contiguous lots. 3. SIZE: No. dwelling shall be erected or placed on -any lot which fronts on Route 663 which has a total finished living space, exclusive of open porches, carports, garages, and basements, McKrr ANo 13t-mER of less than nine hundred sixty (960) square feet. (Completely ATIOUNICY& AT LAM WANCHUMTsn.VA. 22001 finished basement areas shall be allowed in area computations 11 BOUTN GAMEIION •TMEET 11 for split-level homes. only) . ...._. .. _..�_.....,,....,...,......,..,,w,.....,,—..,a..aa. .r...,.:..,.,.rru«rt.a<,e.0 .....,..,. ,,e .......a,«...., .1�.,,�,.. ..,........ _..�. .� ,.a.,....>_..... _„«.,... _...1 ...,>.,, ...... ..__......_. ._ _�_._ ......._.........W........,... .....,..,n. .._..... _..._ _._...._...... 2 No dwelling shall be erected or placed on any lot which fronts on Route 661 (Welltown Pike) which has a total finished living space, exclusive of open porches, carports, garage ' and basements, of less than one thousand, one hundred seventy-six (1,176) square feet. (Completely finished basement areas shall be allowed in area computations for split-level homes only). 4. TEMPORARY STRUCTURE: No structure of a temporary character, including but not limited to trailers, mobile homes, campers, basements, tents, shacks, garages, barns, or other out- buildings, shall be used on any lot at any time as a residence, either temporarily or permanently. 5. GARAGES: Any garage or carport shall be homogeneous in design to the dwelling, and shall be attached in some manner tol i the dwelling. 6. FENCES: Fences located in the front or on the side of the house must be constructed of wooden board or rail and any such fences shall not exceed forty-two (42) inches in height. Fencing in the rear of the house may not exceed seventy-two (72) inches in height and must be constructed of a material of high quality. All fences shall be kept in good repair. 7. ANIMALS: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept for personal pets, l but such dogs, cats, or other household pets may not be kept, bred, or maintained for commercial purposes. 8. VEHICLES: No lot shall be used for the parking of trucks of a load capacity of more than one ton, or tractor trailers, and no such trucks or tractor trailers shall be parked on streets in this subdivision. No lot shall be used for manufacturing ' MCKER AND BuTLEin ATTQnNETW AT LAM purposes or for the sale, parking, or storage of new or second- WinmuATan. VA. 92001 "C°'T"°'"t"°"'t""* hand automobiles or other motion vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For thi -4- VICK 41 Phr.c. 274 purpose, an abandoned motor vehicle is defined as one which bears no or expired license plates and has not been operated within six months on a public strr.et or highway). 9. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within twenty-five -(25) feet of the intersection of any two street lines. 10. RESUDDIVISION AND EASEMENTS: None of the said lots shall at any time be subdivided, conveyed or sold except as a whol unless the sale or conveyance results in a lot larger than the lot i size as shown on the said plat. No easement or right of way shall be granted over any lot except for purposes of public utility (water, sewer, electric, gas, telephone, cable, etc.). If two or more adjoining lots are acquired by the same owner, none of said i lots shall be conveyed by said owner unless each lot being sold and each lot being retained by the owner are in compliance with al of these covenants and restrictions. 11. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at`all times, and shall be kept cleared in accordance with state laws and local ordinances. 12. TERM: These restrictions are covenants real which shall run with the land and shall be binding upon all future lot owners, and those claiming under them, for a period of thirty (30) YI. years from date of recordation of the Deed of Dedication. There- after, these restrictions shall be automatically extended for suc- cessive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the lots agreeing to amend the restrictions in whole or in part is recorded in the land records -5- 275 ncc►; 410 FACE 275 of Frederick County prior to the commencement of one of the said ten (10) year terms. 13. ENFORCEMENT: The Grantor and any and every person hereinafter having any right, title or interest in any lot shall have the right to prevent or stop violation or attempted violatic of any of these restrictions, by injunction or other lawful prece lure, and to recover any damages resulting from such violation. 14. SEVERABILITY: Invalidation of any one of these covenants by judgment or Court Order, or in any other manner, sha in no way affect any of the other provisions, which shall remain in full force and effect. The party of the fifth part does grant and dedicate, in fee simple, all of that certain strip of land as now constitutes the existing roadways of Route 661 and Route 663, but expressly reserving that certain strip of land 15 feet in width, contiguous with the Southern boundaries of Lots 1 through 22, inclusive of Section Two, Lots 11 and 12 of Section Three, Lot 19 of Section Four, Lots 1 through 9, inclusive of Section Five, of the Russell Paradise Subdivision, all as more fully set forth on the aforesai plat attached hereto and made a part hereof as if set out in full and the Grantor does expressly reserve all of that certain strip, 30 feet in width, lying contiguous to the Western boundaries of Lots 1 through 19, inclusive, of Section Four of the aforesaid Russell's Paradise Subdivision. The party of the third part and the party of the fourth part do hereby join in this Deed of Dedication for the sole and express purpose of indicating their consent to the subdivision of the subject property and by this instrument do not release or in any wise affect the aforementioned deed of trust. c�®+Vl,. ;S,•Q�,f, WITNESS the following signatures and seals: C biCiiFP rb" l'1[.." :`` �} "• " GP'c G c�..ct i [ 1 %f tc+tl_a:l (SEAL) aTTo 4Wi4 rr'� . WILLIAM E. RUSSETL EAL ) NNA MARY RUSSELL �'• •'��~ THE COMMERCIAL A14D SAVIN S BANK 00 (.S EA L .07 -6- NJAMIN M. BUTLER, TRUSTEE 410 PAr.� 276 BOTTL ERS 17 NAL, INC. (SEAL) ST: By 1��� PRESIDENT 'SECRETARY STATE OF VIRGINIA, OF TC-WIT:' a Notary Public in and fo the State and �,/Xi-/ aforesaid, do herbby certify that WILLIAM E. RUSSELL and ANNA NlARY RUSSELL, whose names are signed to the foregoing Deed of Dedication, dated Qi S-_.?4 1973, have personally appeared before me and acknowledged the same in my and aforesaid. 4, day of 4t4 Given under my hand this/,,-7 1973. Y—/- My Commission expires 11�e 'el NOTARY PUBLIC STATE OF VIRGINIA, OF TO -WIT: I,- a Notary Public in and f ot the State andQ&,A_' . aforesaid, do hereby certify that G. nd kLA.&SS and. PA respectively, of THE COMMERCIAL AND SAVINGS BANK, whose names are signed to the foregoing Deed of Dedication, dated., � I , 1973, have personally appeared before me and acknowledged the same in my State and p�- aforesaid. Given under my hand thist day of; � 1973. My Commission expires v - -I q ri PU13LIC NO STATE OF VIRGINIA: k-.-j LL AJ4,, OF ,TO -WIT a Notary Public in and fcr MCKEE AND BUTLER ATTO"NRY8 AT I.AW WINCIMUUTt Z. VA. 20 201 the State and6e)� ��_ aforesaid, do hereby certify that BENJAMIt I I GOUTH CAMtnON STREtl M. BUTLER, TRUSTEE, whose name is signed to the foregoing Deed of Dedication, dated 1973, has personally appeared -7- ........... 277 U 410 before me o State and acknowledged the sai,�ie in i,,iy ta to an(I A) aforesaid. Given under iiv ti n.ci this day of —1k We-1 1973. My Commission expires A) Cf iJ077itY 7 C "SNA V Or 1_)ENNSYLVZNTA, OF TO - V'I T 15 T , ;/Aotary Public in and fo t 1cMate and aforesaid, do hereby certify that w, a n(i a n(I % �.-�_, respectively, of BOTTLEIS 1N'1.'1'.,1-,)NATT0NAL, INC. whose- nai'L'ies -ire sicined '�_o tlnc- fc)j-c-,,qDij-jq Deed of Dea-Lication, dated 1_97/3, have personally appeared before me and acknow-1 ledges-, the same in my State and aforesaid. Given under my hand this _/Jj�,day of 1 . I Id My Col-umi ssion expires o RT F s, RA v C, 14 N 14 tl14'�fk 3 1 ,Y)MiSsk)() Lx&ts Nov. M I CKFE AND BUTLER AT 11"VRTU AT L W WINCURNTE11, VA. 22601 11 SOUYN CAM t ';ON 5THICT II �c''FF 9: �' '�' "kC '� �' '� N'�C'IF' '#' l� � '�' '�' X � �' 'i"'�f �' •� 9�' '�"�' �"�' � '� * 'iF"� /(' �(' �' # �i998 WILLIAM E PTJSSELL ET UX. # TO .: I)P1,ED' OF DEDICATION # COTJNTY OF FREDERIdK, VIRGINIA ET AL . 1 p2802 5-1-73 B1,113 : c to FACE j 2170 THIS DEED OF DEDICATION made and dated -this Js day of Ley2�, 1973, by and between WILLIAM E. RUSSELL and.ANNA MARY. RUSSELL, his wife, parties of the first part, hereinafter called the Grantors, and the COUNTY OF PREDERICK, VIRGINIA, party of the second part, hereinafter called the Grantees, and THE COMMERCIAL AND SAVINGS BANK, of Winchester, Virginia, party of the third part and BENJAI41N M. BUTLER, TRUSTEE, party of the fourth part, '.and BOTTLERS INTERNATIONAL, INC., a Virginia Corporation, party of the fifth part. WHEREAS, the Grantors are the owners in fee simple of a certain tract or parcel of land, situate within the County of Frederick, Virginia, to -wit: All of those certain tracts of land containing 37.58 Acres in the.aggregate and known as Russell's p Paradise Subdivision, located in Stonewall Magisterial District, Frederick County, Virginia, being situate on the North side of �;�ast-. and West side 4 Virginia Secor dary Higf,.way No. f. L 3 and. can she ! of Virginia Secondary Highway No. 661, and more particularly described as shown on the plat and survey dated March 8, 19730 rev sed April 26, 1973, drawn by Charles,H. Kirkland, C. L. S., attached hereto and by this reference made a part hereof as if set out in full, and being the same realty conveyed to William E. Russell and Anna Mary Russell, his wife, by deed dated April 9, 1973, from Bottlers International, Inc., of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 406 at Page 615; and, M WHEREAS, the Grantors now desire to subdivide the same • o d y into lots to be known as Russells Paradise Subdivision and that the above and foregoing subdivision of the above described propert 1sicIcE8 AND mvTLxn as it appears on the attached plat is with the free consent and in ATT01214 CT6 AT LAti ' WINCUESTuii.VA. 22001 accordance with the desire of the undersigned owners, proprietors If EOUTN CIM[ROH 6TR99T do further desire to • and trustees, and that the said Grantors V subdivide the aforesaid property in accordance with the provisions _ -1- BOOK 40 Fba 271 of "The Virginia Land Subdivision Act", as are applicable and the applicable Ordinances of Frederick County, Virginia, and to dedica the streets and easements as shown on said plat, to the County of Frederick, Virginia; and, WHEREAS, the Grantors, by deed of trust dated April 9, 1973, of record in the aforesaid Clerk's Office in Deed Book 406 at Page 618, conveyed the subject land to Benjamin M. Butler and Stephen G. Butler; Trustees, either one or both of whom may act, in trust to secure a certain bond in the amount of $145,000.00, payable to The Commercial and Savings Bank of Winchester, Virginia or order; and, WHEREAS, Bottlers International, Inc. desires to dedicate that certain strip of land, 15 feet in width, measured from the center line of the existing roadway known as Virginia Secondary Highway No. 663 (being the same land as the now existing roadway) and to dedicate the Western 30 feet of that certain roadway designated Route 661 (being the Name land as uhe now existing road way), all as is shown on the aforesaid plat attached hereto and by reference made a part hereof as if set out in full. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: That for valuable consideration of the premises and the benefits which. will accrue by reason of this dedication, the Grantors, the party of the third part and the party of the fourth part do hereby sub- divide, grant and dedicate, in fee.simple, all of that certain portion of land designated as Russell's Paradise Subdivision, located in Stonewall Magisterial District, Frederick County,Virgin being situate on the North side of Virginia Secondary highway No. 663 and on the East and West side of Virginia Secondary Highway No. 661, and more particularly described as shown on the plat and survey dated March a, 1973, revised April 26, 1973, drawn by Chary: MCIZZ13 Arzo L'a"Ta..En H. Kirkland, C. , L. S, , attached hereto and made a part hereof, and j '"`u:uBsTan.VA. =a3a by this reference incorporated as a part of this deed as is set 1 89LtH CA41tR®SY O?Ilt¢7 ' apart for streets, alleys, public easements, or other public use and to create a public right of possession of the same, and being -2- :e , \ a BOCK '�.® FACE� the same land'coriveyed to William E. Russell, et ux, by deed dated April 9, 1973, from Bottlers International, Inc., of record in the aforesaid Clerk°,s Office in Deed Book 406 at Page 615. All of the lots as shown,on the plat attached hereto steal, be subject to the following restrictions, which are covenants real running with the land and shall be binding on all subsequent owner, Of the said lots and each deed shall contain these restrictions or incorporate them by reference: 1. LAND USE: No lot shall be used except for single- family residential purposes. 2. BUILDING LOCATION: No building of any type, including i porches, verandas, and garages, or any portion thereof, shall be located on any.lot closer than thirty-five (35) feet from the property line of said lot adjoining a street or road. Further, no such building: or portion thereof., shall be placed on any lot closer than twenty-five (25) feet for any side lot line not adjoin ing a street or road, nor closer to a rear lot line than twenty- five (25) feet or a distance equal to fifteen percent (15%) of the distance of the shortest side lot line of that lot, whichever is greater. If two or more adjoining lots are acquired by the same owner, a home may be built on more than one lot and in sudh case, the restriction pertaining to minimum side lot lines, hereinbefore recited, shall not apply to the common boundary line between the two lots but shall apply with respect to the boundary lines of the two lots abutting the contiguous lots. 3, SIZE: No.dwelling shall be erected or placed on -any lot which fronts on Route 663 which has a total finished living space, exclusive of open porches, carports, garages, and basements, t WHIM AND nVTLZn of less than nine hundred sixty (960) square feet. (Completely ATronu ve AT LAW/ WtNCH=XT=a. VA. 22001 finished basement areas shall be allowed in area computations 1/ SOUTH CAMERON STREET for split-level homes.only). -3- e-_ F , No dwelling shall be erected or placed on any lot which fronts on Route 661 (Welltown Pike) which has a total finished living space, exclusive of open porches, carports, garage;, and basements, of less than one thousand, one hundred seventy-six (1,176) square feet. (Completely finished basement areas shall be allowed in area computations for split-level homes only). t 4. TEMPORARY STRUCTURE: No structure of a temporary character, including but not limited to trailers, mobile homes, campers, basements, tents, shacks, garages, barns, or other out- buildings, shall be used on any lot at any time as a residence, either temporarily or permanently. 5. GARAGES: Any garage or carport shall be homogeneous in design to the dwelling, and shall be attached in some manner to the dwelling. 6. FENCES: Fences located in the front or on the side of the house mist be constructed :,f wconer, ')oard or rail and any such fences shall not exceed forty-two (42) inches in height. Fencing in the rear of the house may not exceed seventy-two (72) inches in height and must be constructed of a material of high quality. All fences shall be kept in good repair. 7. ANIMALS: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept for personal pets, but such dogs, cats, or other household pets may not be kept, a bred, or maintained for commercial purposes. 8. VEHICLES: No lot shall be used for the parking of trucks of a load capacity of more than one ton, or tractor trailer and no such trucks or tractor trailers shall be parked on streets in this subdivision. No lot shall be used for manufacturing MCICCa AND BtTALIMn ATTOYiNCTO AT XAW purposes or for the sale, parking, or storage of new or second- 'Mucgc a. VA. 6 001 hand automobiles or other motion vehicles. No abandoned motor vehicles will be permitted on any lots or parking area. (For this -4- k BOOK 40 FAH 274 purpose, an abandoned motor vehicle is defined as one which bears no or expired license.plates and has not been operated within six months on a public street or highway). 9. SIGHT DISTANCES AT INTERSECTIONS: There shall be no planting, structure, fences, shrubbery, or other obstruction to vision planted or maintained on any corner lot which rises more than three (3) feet above ground level within twenty-five -(25) feet of the intersection of any two street lines. 10. RESUBDIVISION AND EASEMENTS: None of the said lots shall at any time be subdivided, conveyed or sold except as a whol unless the sale or conveyance results in a lot larger than the lot size as shown on the said plat. No.easement or right of way shall be granted over any lot except for purposes of public utility (water, sewer, electric, gas, telephone, cable, etc.). If two or more adjoining lots are acquired by the same owner, none of said lots shall br. conveyed by said owner unled s e,^h lot being sold and each lot being retained by the owner are in compliance with al of these covenants and restrictions. 11. NUISANCES: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Each lot shall be kept mown and free from weeds and debris at all times, and shall be kept cleared in accordance with state laws and local ordinances. 12. TERM: These restrictions are covenants real which shall run with the land and shall be binding u all future . g on p lot owners, and those claiming under them, for a period of thirty (30) years from date of recordation of the Deed of Dedication. There- after, these restrictions shall be automatically extended for suc MCUPM AND 13UTLEn �2aos "�-`°>zv�4s"., L0 cessive periods of ten (10) years, unless an instrument signed by tvcrlonu®�sA. 119OUTH CAUCnON®TA99r a majority of the then owners of the lots agreeing to amend the t _ ; restrictions in whole or in part is recorded in the land records y of Frederick County prior to the commencement of one of the said ten (10) year terms. 13, ENFORCEMENT: The Grantor and any and every person hereinafter. having any right, title or interest in any lot shall have the right to prevent or stop violation or attempted violation' of any of these restrictions, by injunction or other lawful prece-• i dare, and to recover any damages resulting from such violation. 14. SEVE€2ABILITY: Invalidation of any one of these covenants by judgment or Court Order, or in any other manner, shal in no way affect any of the other provisions, which shall remain in full force and effect. The party of the fifth part does grant and dedicate, in fee simple, all of that certain strip of land as now constitutes the existing roadways of Route 661 and Route 663, but expressly reserving that certain strip of land 15 feet in width, contiguous with the Southern boundaries of Lots 1 through 22, inclusive of Section Two, Lots.11 and 12 of Section Three, Lot 19 of Section Four, Lots l through 9, inclusive of Section Five, of the Russell'3 Paradise Subdivision, all as more fully set forth on the aforesaid plat attached hereto and made a part hereof as if set out in full, and the Grantor does expressly reserve all of that certain strip, 30 feet in width, lying contiguous to the Western boundaries of Lots 1 through 19, inclusive, of Section Four of the aforesaid Russell's Paradise Subdivision. The party of the third part and the party of the fourth part do hereby join in this Deed of Dedication for the sole and { ecpress purpose of indicating•their consent to the subdivision of the subject property and by this instrument do not release or in any wise affect the aforementioned deed of trust. WITNESS the following signatures and seals �.. . (SEAL) arrouvr sitJq` WILLIAM E. RUSSELL tyuscn NNA MARY RUSSEL THE COMMERCIAL AND SAVI!J�S BANK i� 10 (SEAL) -6-- NJAMIN M. BUTLER, TRUSTEE a x 800K .0 PAu 276 BOTTLE S INTE OVAL, INC. (SEAL) rI' ST c , BY / �+ x2' �„� PRESIDENT SECRETARY STATE OF VIRGINIA, °`. _.. TC-WIT : ' i7, , a Notary Public in and fo the State and aforesaid, do hereby certify that WILLIAM E. RUSSELL and ANNA PSARY-RUSSELL, whose names are signed to the foregoing Deed of Dedication, dated ` / 1973, have personally appeared before me and acknowledged the same in my V "4t. and .car aforesaid. �•' .S i F' c4 ° �� Given under m hand this day of 1973. y % y • My Commiss�.on expires NOTARY PUBLIC STATE OF VIRGINIA, OF'' a�oTO—WIT: .j I,,_ a Notary Public in and fo the State and aforesaid, do hereby certify that 1. .� and and respectively, of THE COMMERCIAL AND SAVINGS BANK, whose names are signed to the foregoing Deed of Dedication, date �_, 1973, have personally appeared before me and acknowledged the same in my State and aforesaid. Given under my hand thisi SE day of 1973. My Commission expires rl NOTAI Y PUBLIC STATE OF VIRGINIA: 6: OF , , TO —WIT ?JC'NZa AND" DUTLEn I, /►e.S , a Notary Public in and f r A`a`TOnNICT13 AT "W Wimcua®T¢n. VA.22001 the State and J aforesaid, do hereby certify that BENJAt1II, I I &OUTH CAUCRON if T11CCT M. BUTLER, TRUSTEE.,,,whose name is signed to the foregoing Deed of Dedication, dated 1973, has personally appeared -7 4jo 277 before me and acknowledged the same in my State and A) aforesaid. Given under my hand this ��day of A), 1973. My Commission expires .1 7- NOTARY PUBLIC Otto moor,,, � P f 11,;'STA. OF PENNSYLVANIA, OF �AV ,TO -WIT. �_- ✓ = I, d, , [—'L I 1�26&Va Notary Public in and fo duo ..,•,,.• thi State and 00aforesaid, do hereby certify that c4`°1 K � .07 UN�� and ,��c zip / �•�F F �w+ _' T anda es, , respectively, of BOTTLERS INTER11IA`1'IONAL, INC. whose names are signed to the foregoing Deed of Dedication, dated 1973, have personally appeared before me and acknow-) ledged the same in my State and puj,,,� aforesaid. t Given under my hand this �a`day of My Commission expires IV4 J �"i9���•.�` NOTARY CfoRiEpC�UGFI a3c�f' &Iy Commisskoro ExPMes Nov, ,i MCKEE AND BUTLEU A=014® UTRI AT LAW 11VINtrieorazn, VA. 22001 i 1 3011H CAVE'10N {THEFT • —�i BOOK4fO PACE 278 RUSSELL'S PARADISE SUBDIVISIUN, STONEVALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA ou SHEET I OF 5 SHEETS SURVCVOR'3 CERTIFICATE: THE HEREIN DESCRIBED SUODIVISION 13 A PART OF THE SAUZ LAND THAT OAS CONVEYED TO iNic i jAv ' . I AN': "^YNA k"AuV rLERS N T E N A I I C N L N Q F f) A 7 F P WPR11 P f IN 7 L RFC. L PJK r� V T E Rt. IT P I C, F 1 L S GrlNCR'-S-.'c'ERTIFICA7E: THE WITHIN DESCRIBED SUBDIVISION AS 17 APPEARS ON THESE PLATS Is VITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDEPSIGNrD OWNERS, PROPRIETORS AND TRUSTEES® 71va 0 COUNTY OF FREDERICKI ) STA OF VIRGIP-L.A, TO Vv ITT A NoTAP Y PUBL I C IN T E STATE AND COUNTY AFCRESAID DO HXA.48Y CERTIFY THAT HAVE APPEARED BEFORE ME AND ACKNOOLEDGED THE ABOVE PRITINGe 0 COVEN �JNDER VY )-,AN[) THIS " Zel DAY OF J I CNE PUBLIC. vy '-'omm I SS I C,N E. X F I A E 5 CN THE DAY 01� ;GENERAL NOTES ALL LCT CORNERS ARE MARKED BY IRON PINS, 2. THE AREAS GF ALL LOTS ARE 25,000 SQUARE 7 lo? FEET, EXCEPT *HERE UTh.ERVVISE SHCTlN WITHIN N THE LOT, K'l N IVA, m 17 A A. rT- tl.`i!R-lAy5T) A T-` RV LOTS ARE 6UBJECT—T APPR`7AL OR DISAPPROVAL 0:4 AN 114.UIVIDUAL LOT BASIS AS TO TIM, LOCATION OF TI-M- . k" 4 60 Y"Ll:la ourrill HAD THE INOiA.L"i.LUN OF T-1 SE7.,LWTS D SPOSAL SYSTEM. 1 ULM-9--H.-1iA7` 111TE DIFZCTOR, LORD -UP. iEALTH DISTE 5 )?AIJL ,X, :IHJ SICK, SANITARIAN I TE � AN, FREDERFX COUNTY OF SUPERVISORS At 21-jr- 1973 let vf:;C&l -f - Z 4 =?j 0 Ao 4� - ------ . .......... - - ---- - --- - ----- --------- - ----- 1111 �-- ------ -------- -..................................................... --.................. _................ -............ SHEET 2 OF 5 sHerT9• BOOK PAGE 279 IN La � Rea`rr ✓ao' a � o I o i� O a � Ji Z H anyasp -�- I Li zo. i � b rA 10, Nf\ � r r6 e, a v o /Pesve</ 3 o` A s n ?B'o. oo' ° Re's er ve•.d 1773 s. .'y 0 r LT — SHEET Of rj SM EATS BOOK 410 PAGE 28 / / 7sa, r seef 2s®.ov • p 2 �' ��� y4 04.t ,• ' a 2Be on - 13 ° � h o �• Z vgh � o , f�o z4w 00 10 � t'1 V O � c ► a 34, ev f f�`'.. .�,J®• h mod / � �t � ' /9—4'46�4 J �I e � � \ Viz66 3 r , c� 4 SHEET 4 OF 5 SHEETS BOOK 410 PACE 281 �1 o b I O p I e �� 'Z3'a•oo I wvs2SO.Q 7 his b, \ l �m M y N o .30, 649 sg Fj O and ^ , \� gk� 2 a Ns, tL �s h j,5 gb �s7.3 SHEET 5 OF 5 SHEETS 410 282 1 I s 66' j2' 6 zsa oo, � ° g oa , C � � C � t a C ,l 0 441G✓-- I ' I I 1 I I �te.Js� 4 i9 :973 I 11.•o i VIRG.NIA FREDERICK COUNTY, $Cj, / 2 ! Th.s Instrument of writmC was produced to me on the. 4 day Ot -, x ��% �• J at ._`f..,i .___{:�_•_� and with certificate of acknowledgment thereto s nexed was admtttad i i to record. � a'� Clerk. AGENDA FREDERICK COUNTY BOARD OF SUPERVISORS REGULAR MEETING NOVEMBER 28, 1979 Time Tax 7:00 P.M. Chairman: Call To Order Invocation. Handley Library Board Resolution (See Attachment)------------------------- ------- A Shenandoah Area Agency on Aging Annual Report Presentation (See Attachment)--------- B 7:30 P.M. PUBLIC HEARINGS: 1. AN ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 21 ZONING, ADOPTED JULY 12, 1978 TO AMEND ARTICLE XV, SECTION 21-128. REQUIREMENTS FOR PERMITTED USES. (See Attachment)----------------------- C Presentation by Director of Social Services, (See Attachment)-------___�___—_______ D Site Plan - Allen Properties, Inc. - Opequon Magisterial District (See Attachment)--------------------------------------------------------------- E Discussion - Joint Capital Facilities (See F Appointment to Chapter 10 Board (See Attachment) ---------- -----_______r____-----_-_ G Cancellation of first meeting in December - Adjourn to December 19th Executive Session: 1. Section 2.1-344, Subsection (a) (1) Personnel io e.i � �J• ram; fj SLAI,. ,UILDMIG 8007 DISCOVERY DRIVE RICHNIOND, VIRGINIA 23288 DEPARTMENT OF YVECEARE Taiephone (8041 281-9204 November 1, 1979 Chairman Frederick County Board of Supervisors Winchester,'VA 22601 Re: STATE FUEL ASSISTANCE PROGRAM Dear Sir: During his press conference on October 26, 1979, Governor jobn K. Daltoa. announced the broad guidelines of the Virginia Fuel Assistance Prograrn to be administered by local welfare and social service agea`ies _ This Department is in the process of providing the details of the Program to local welfare and social service agencies. The timing of the program does not allow localities to impact thei•_r norctal budgetary process. Requiring local participation in a.mLaist;.rat-ve costs could both delay the implementation of the State Fuel AssisLa<-ace- Program and decrease the local funds available for other programs_ Therefore, the cost of all payments made through this program, as well as the cost of administering the program will be reimbursed at 100 percent, However, local welfare and social service agencies will need to, cbtairi a local appropriation to cover anticipated benefitand atiministrati-v& costs, which will be subject to full reimbursement_ 1 am re( uestingy'our supportive assistance when your local welfare administrator approaches you with a specific request for funding. ry T-r�;y Yob, Wil iam L. ukhard cc: Local Directors/Superintendents I. Virginia Fuel Assistance Program (VFAP) This Program consists of Federal grants to states as well as state funds. This Program will provide assistance to low- income households experiencing hardships due to the increased cost of home heating fuel. The maximum payment for fuel per household over the entire winter will be $200- Except in un- usual circumstances, cash payment will be made-. to vendors for fuel. The Department of Welfare will administer this Program through local welfare and social services depa-rt-ments. The Department of Welfare is currently developing a comprehensive State plan to administer funds received from the Community Services Administration as well as other funds received from the Federal government. These funds, supplemented by State funds, will be used this winter to enable State and local gov- ernments to aid the poor and near -poor cope with the high cost of fuel or of weather -related problems that ma)F result from an anticipated severe winter. When the plan is; approved, published, and distributed-, it will be implemented at the local level. The inclusive dates of this Program wild be December I, 1979 through March 31, 1980. It is recommendredi that local Coordinators of Emergency Services contact thei-.r local welfare/ social services office to obtain details about the plan and .determine what role they can play in its implemsentation. 2 gitg of Xinrht5ter, PiIr-i October 19, 1979 \ROUS5w- GtTY I+h1 L, 225Ui TO 1.I E M O R A N D U II MAYOR STEWART BELL, JR. CHAIRMAN S. ROGER KOONTZ FROM R . THOIMAS MALCOUA ROY W. BAYLISS, JR. CO-CHAIRMEN JOINT FREDERICK-WINCHESTER CAPITAL FACILITIES COMMITTEE RE REPORT ON "AREAS OF CONCERN" In accordance with joint requests of the Board of Supervisors of March 7, 1979 and City Council of April 7, 1979, t?Ze Joint Committee addressed the enclosed "areas of concern" The approach was the appointment of a joint sub-cc)mmittee, who .made specific recommendations, which were approved by oL majority of the entire committee on October 18, 1979. The specific recommendations are as follows and a--e presented is the same order as the attached: (1) "BUILDING CONFIGURATION ON PROPOSED SITE"- Tlae Comm tte-�-_ ha-S no specific recommendations regarding the location of the CO I T C€ 2LIPLEX:, COUNTY ADMINISTRATION BUILDINGS (2) or CITY AD' 1N1STnRA, 7'ION BriII:DI1G, except that the locations shown on the VKP DESIGN CCIICEPT YEAR_ 2000 : are subject to further discussion and c ange_ The recoended locations are on the McCORMAC I URTZ tracts to be constructed ors any loca-t on mutually agreed by the CITY and COUNTY. (2) "DETER-21rIINATION OF .HIC11 STRUCTURES ARE TO Bu BUILT A`,TD SEQUENCE OF CO+ySTRUCTION It is recommended that planning for tbLe COMBINED COURTS COMPLEX begin first, but that construct ion. of the PARKING COMPLEX begin simultaneously so that off-strec:�-t Parking :could be available while the COURT COMPLEX is under construe7Lion to immediately replace the parking lost while the COURT CO',IPLE" is uncler construction_ "ZI lje ,iAFFLe 3, zipual" Metnoranducz October 19, 1979 (3) "COST OF PROJECT". (a) FINANCING AND CONSTRUCTION On an equal 50-50 basis to include all offices &nd facilities proposed by VVKR, with office facilities for the County Treasurer and County Commissioner of the Revenue at 100� County cost, IF INCLUDED. (b) OPERATION AND MAINTENANCE Shared on an equal 50-50 basis, exceplty that costs related to County Treasurer and Commissioner of the sz even.ue Offices will be 100 o County. Actual work will be performed eit her' by Cit.'y' or County forces, as agreed upon, but not by moth toaet..h.er_ (4) "LAND COST AND DIVISIONS" (a) COURT FACILITY (1) McCOMMAC - KURTZ PARCELS (a) City will pay off the portion of the Pa -king: Authority Contract necessary to provide for use by Counnty and City for Court and office facilities on McCormac parcel_ (b) The City will deed to the County, att no cost, a one-half undivided interest in the land necessary to construct the Court Complex, wherever the site is selected on the M.lcCorraac parcel. The City will provide an option to the County for the necessary land to construct an administrative complex is accordance with the VVKR year 2000 Design Concept at no cost to the County. This will include any location mutually agreed on foi- both the LTcCormac and Kurtz parcels. (b) PARKING FACILITY (1) COUNTY PARCELS (a) The County will deed to the City, at no cost, the land required from the County parcel for the Parkim structure and the County will also consider the use of the CI.'+ GO p aLrcel € n the basis of mutually agreed plans for the part ing structure__ (b) The City will lease the above parcels to the Winchester Parking Authority. (2) CITY PARCEL (KEN^1) The City will utilize Kent Street parcel for th4a parking structure and will pay off the ':-PA conLractr op- the Fat, a.s required. (5) "PARKING" FI IANCING A VD COiySTRUCTION' The City through the WPA will finarc:�, eons4x-uet, of n and operate the parking structure. (6) "SPACE ALLOCATIONS" The Committee has no fur they r11 in this-ceva.rd except the space allocation enumerated in ` Vi- 4S c udy Trese are subject to review by the detailed planning for -the facilities are be,guls. Memorandum -3- October-19= 1979 (7) ANNEXATION Items 1 through 6 are agreed upon pursuant to previous discussion and depending upon a mutually acceptable annexation agreement_ It has been brought to the attention of the JOINT COt'iITTEE that the resolutions adopted by each governing body prior to authorizing the study are not identical and the fact is brought to the attention of both governing bodies. In conclusion, the Co -Chairmen of the JOINT C01217-`1'TEE wish to express their appreciation to the CITY and COUNTY mem,-'---ars of the COaIirIITTEE for taking hours to arrive at a mutually ag .,-�eable reconinen dation. The cooperative spirit in which they endeava�;!-ed to complete their assignment was apparent. In addition, we would like to also express appreciation to the representatives of THE VVKR PARTNERSHIP, -who furnished additional - information not contained in the STUDY, when requested_ The writers and any member of the JOINT CO ZIITTEE are available to explain any or all of the recommendations contained therein. Respectfully submitted. IVINCHESTER-FREDERICK COUNTEY JOINT CAPITAL FACILITIES CO.E-IIT EE FREDERICK COUNTY Thomas Malcolm, Co -Chairman Lawrence Ambrogi Richard G. Dick James W. Golladay, Jr. Dorothy B. Keekley Carroll K, Mauck Esten O. Rudolph, Jr. Kenneth Y. Stiles George B. CThitacre J. O. Renalds, III County Administrator IV INCHESTER Roy -W. Bayliss, Jr_ Co, -Chaim Michael U. Foreman. Uarvin E_ Gore, Jr J_ T . Kremer, Jr. I� i_:t 1 iars N _ 'Note H. Delmer Roblesson, Jr_ ulrs . Louise Speakman Dabnev L'l _ Watts Charles Zi_ Zuckerman Cvendell L. Seldon City Han anger INN ESTER-FREDE I01, 1, TY •JOINT CAPITAL FACII --ES ,,C0MfHJ= EE,.. ,.:: , __ ,. ;� ;• The JOINT CAPITAL FACILITIES COMMITTEE of FREDERICK COO,-t�TY and rINCHESTER transmits to the FREDERICK COUNTY BOARD OF SUPE1'Z ISORS and :he WINCHESTER CITY COUNCIL the "FEASIBILITY STUDY, COURT AIu� OFFICE ?ACILITIES", as prepared by the VVKR Partnership. This CoF_ i.ttee funds :he proposed project feasible and recommends the study to the respective ;overning bodies. We recognize that the following items are areas fer concern in ietermining the implementation of the project. ;1) "BUILDING CONFIGURATIO.-N7 ON PROPOSED SITE"- Although locations are: Lndicated on the design concept, these locations are sT.zbjec, to further iiscussion and change. 2) 'DETERMINATION OF WHICH STRUCTURES ARE TO BE BUILT AND SEQU ,.,N- CE OF :ONSTRUCTION". It should be noted here that courts and the -mix- related Facilities are our most pressing need. :3) "COST OF PROJECT". Although the total cost over the rca-commended :ime span of the project seem feasible, funding mechanisms a`nd formula. Eor sharing project costs of- shared facilities .need to be worked out. ,Note that the courts and parking are the only proposed shaL e€i facilities) ,4) "LAND COST AND DIVISIONS" . A method for the utillzatic),n of lands Swned by the respective governments needs to be addressed_ :5) "PARKING The report suggests that the Winchester Pa=king Authority Should be considered as a vehicle for construction and opercit-ion: of array iew parking facility. A funding plan and necessary commitmerits from the :wo localities to support this operation needs to_ be vtiorked out.: ;6) "SPACE ALLOCATION". A determination as to which departments of both Localities will occupy the various proposed structures is siabject to -the ietermination of each governing body. The COMMITTEE RECOM11iE-N`DS that the BOARD and COUN'CM tame- steps MMEDIATELY to determine the direction to be followed wd the regard -to ?ACILITIES PLANNING AND CONSTRUCTION due to the CRITICAL. -NEED fore COUR!, end OFFICE FACILITIES. nanimously approved by the T1inchester-Frederic?- County -Toint. Capital acilities Committee. January 23, 1979. 1111tv of tur4vster PTrgarta V November 16 , .1979 RQU'SS CITY HALL 22601 ;v1r. Stan W. Pangle, Jr. Acting County Administrator 9 Court Square Winchester, Virginia 22601 Dear Stan I am enclosing copy of Council action of November 14th, which is self-explanatory. Please advise when the Board of Supervisors acts and if the action is concurrent, the joint City/County Comtttee can meet to proceed to the next phase including establishing a procedure to select an architect. `'Tth best regards, I am Sincerely, Wendell L. Seldon City Manager WLS/brs Encl. cc: MUNICIPAL BUILDINGS COA51ITTEE 14r. J. Thomas Kremer, Jr., Chairman Dir. H. Delmer Robinson, Jr. I.1r. William M. rMote I, Patuc ia: S. A3hb y, C v k o 4 the Common Council, do ceAt-j-6y on th 16 th day o6 NovembeA, 1979, that .the jottowi.ng 16 a true and exact excett-pt 6iLom the minutes aj the November 14, 7979 zpeci.ati meeting on the W.inchestet Com;:ion CouncsU: "On a motion by Mr. Kremer, seconded by mr. Shep_dow, Council voted unanimously to accept the REPORT OF THE JOINT FREDERICK WINCHESTER CAPITAL FACILITIES COMMITTEE and to mpleme'nt_: the :_.. recommendations contained therein. This would include proposals for preparation of plans and specifications for the JOINT COURT FACILITY under the direction of a special committee comprised of the MUNICIPAL BUILDINGS COMMITTEE, CO-CHAIRMAN ROY W. BAYLISS, JR., and the CITY MANAGER, plus members to be appointed by FREDERICK COUNTY, and preparation of plans and specif .cations for the PARKING FACILITY under the direction of the WXNCHESTER PARKING AUTHORITY. These actions are contingent upon approval by the FREDERICK COUNTY BOARD OF SUPERiTISORS . Witnezz my hand and the z eat o 4 the City o l s Pat i_ci.a -0, ; s hb C.oE�-h o6 the Cot-;mo Ounc it `.. ,.. Aort4w e,tie= d ommunit y A4&ntcd 4-,¢Ed/f Er 1 4&ntaL Retatdation .-S-ewicF-i BoraTa Tel. (703) 667-2488 P.O. Box 632 David J. Schwemer 21 South Kent Street Executive Director Winchester, Virginia 22601, November 7, 1979 The Honorable S. Roger Koontz Chairman. Frederick County Board of Supervisors 9 Court Square Winchester, Virginia 22601 Dear Mr. Koontz: The current term of Mrs. Catherine Monte on the Northwestern Chapter 10 Board will expire on December 31, 1979. She is eligible for reappointment to an additional three-year term, and Mrs_ Monte has agreed to serve another term, should that be the pleasure of the Board of Supervisors. As a matter of policy, the Chapter 10 Board has asked tthat I convey to each local government this year's attendance recoirds of each of its appointees who are up for reappointment. Mrs. Mete, our current Secretary, has attended all of the monthly Board meetings hfald this year_ She has also actively participated in many of the Board's emKecutive committee meetings. Mfrs. Monte has represented Frederick County admirably on the Chapter 10 Board, and we con end the Board of Supervisors for this excellent appointment. Thank you for the Board's attention to this matter. Sincerely yours, Richard E. Bethune Board Chairman SERVING WINCHESTER AND COUNTIES OF CLARKE, FREDERICK,SHENANDOAH, AND WARREN. JOHN RILEY PLANNING DIRECTOR -4r.ebreritk CEvuntu Department of 1tnnning nnb P6.efnpxnrni November 19, 1979 P. 0. Box 601 9 COURT SQUARE if INCHE:STER. VIRGINIAL 22601 Mr. Lawrence Ambrogi Commonwealth Attorney 321 South Loudoun Street Winchester, Virginia 22601 Dear Larry: Enclosed you will find the appropriate plats and deeds for Russells Paradise Subdivision, Lot 7, Section III. There will be a meeting in my office on NovEmber 26, 1979 with Mr. Anderson and a representative from Farmers Home Administration. I would appreciate either you or your assistant being here to render any legal opinions. If you have any questions, please do not hesitate to contact me. Sincerely, Yohn R. Riley, Director JRR:bjs Enclosure cc: Mr. Stan Pangle, Interim County Administrator 7031632-4:522 JOHN RILEY PLANNING DIRECTOR rrbtrirk C1 �auntu 3e ttrtment of I ianning an4 3 rz-1a m-ent NovEmbo- 19, 1979 P. 0. Box 601 9 COURT SQUARE Wimci ESTER. YIRGimA 22601 Mr. Lawrence Ambrogi Commonwealth Attorney 321 South Loudoun Street Winchester, Virginia 22601 Dear Larry: Enclosed you will find the appropriate plats and deeds for Russells Paradise Subdivision, Lot 7, Section III. There will be a meeting in my office on November 26, 1979 with Mr. Anderson and a representative from Farmers Home Administration. I would appreciate either you or your assistant being here to render any legal opinions. If you have any questions, please do not hesitate to contact me_ Sincerely, John R. Riley, tor JRR:bjs Enclosure cc: Mr. Stan Pangle, Interim County Administrator 7031662-4Z32 jNTERNATIO14p' ' TELEPHONE (703) 667-9691 Ms. Dorothea L. Stefen, Acting Director Frederick County Dept. of Planning & Development 9 Court Square - P.O. Box 601 Winchester, Virginia 226D.1 Dear Ms. Stefen: It would appear from your letter of July 11, 1979 that you are giving Mr. Anderson legal advice. Your assumptions are incorrect. We own the farm land and home next to Lot #7 and have used the right of way continuously since October of 1961 when we purchased the farm. Correspondence relative to the right of way is attached. We sold our farm home to Arthur and Elin Jones in January of 1973. There was provision for a 60 ft. right way for our and the Jones' exclusive use in the deed. We have never waved our right to access to our farm land via the 60 ft. right of way. I'm no lawyer but 18 years of continuous use would in itself establish some right. I don't believe the courts would permit a cut off even if we did not have documentation to substantiate our 60 ft. right of way. We have recently repurchased our farm home from the Joneses and I believe as previously stated that we have exclusive use rights of the 60 ft. right of way. Mr. W. E. Russell and his attorney, Mr. Ben Butler, were advised (correspondence attached) in early 1975 that I would block any sale of Lot #7 that did not include the 60 ft. right of way as provided on the plat of the home and its extension into our farm land. They agreed and the deed (copy attached) for sale of Lot #7 to June S. Ladd dated August 4, 1975, Deed Book 447, Pages 829 & 820 included the 60 ft. right of way as drawn by Richard U. Goode, C.L.S. dated July 29, 1975, lines 6, 7, 8, 9, 10 and 11, page 2. This is in my mind a binding agreement. The intent of the parties was clear. This document was not recorded as Mr. Russell had promised but I do not believe its validity is affected. If your office is of the opinion that failure to record deprives us of our right of way, the courts will make the final determination. I talked to Mr. Anderson a number of times and discussed the right of way. I wrote him on June 2, 1979 (copy attached). I was of the opinion that we had no problem that we could not resolve. I was wrong. There is a quick way to find out who is right. Try to stop us from using our right of way. Mr. Anderson can charge us with tresspassing anytime he has the notion. If and when this comes to pass, we will: Ms. Dorothea L. Stefen July 16, 1979 Page 2 (1) Immediately construct a sixty foot right of way from the Welltown Pike to our farm land. This will take in at least twenty feet of land that Mr. Anderson is now using as his yard. Modern farm equipment requires modern sized access roads. (2) I will demand that septic drain field placed in our right of way be removed. The complaint as to tresspass is one of spite. Two can play that kind of game. There are a number of structures (???) built along our property lines that appear to be in violation of the zoning laws. At least two are on our property line. I have seen no evidence of building permits so I suppose they are no longer required. The county condemned a good bit of our property supposedly to improve the area. I suggest that you check the mess at the junction of Rts. 661 and 663. The south west corner looks like the city dump. Some improvement. The next move is up to the Andersons. When they move, I will. Mr. Russell's attorney is on vaction for two weeks. I will meet with him and Mr. Russell when he returns. Very truly yours, Alec. C. Gunter ACG:mg cc: Photo copies attached. cc: Mr. Ralph Anderson 'epar#men# of ?PIattning an.b pebrelaymenf PLANNING DIRECTOR DOROTHEA L. STEFEN ZONING ADMINISTRATOR July 11, 1979 Mr. Alec C. Gunter P. O. Box 108 Clearbrook, Virginia 22624 Dear Mr. Gunter: P. Q. BOX 6001 9 COURT SQUARE V1VINCHEsrriet. ViRGimiA 2280t Please be advised that your use of Mr. Ralph W. Anderson, Sr. Is property (lot 7, Sec. 3, Russell's Paradise Subdivision) for a driveway may be construed as trespass since there has been no legal conveyance of a right-of-way completely across his property. Section 18-66 of the County Subdivision Code states that no change or revision can occur without signature of the Subdivision Administrator. No such approval was ever applied for nor granted_ In addition, the supposed plat change signed by Mr. Russell was not recorded until after the property for which it was drawn up was conveyed. to. Mr. Anderson. It would appear that Mr. Russell has. givers you an illegal right-of-way across someone else's property_ The attachments are for your information. Sincerely, ILL - Dorothea L. Stefen, Acti g Director PLANNING AND DEVELOPMENT DLS:bjs Attachments cc: J. O. Renalds, County Administrator Mr. Anderson Larry Ambrogi, Commonwealth Attorney 7031662-4532 I rE�ezit� (r�ztnt� i` '.epaz#ment of Thanning and H. RONALD BERG 9 COURT SQUA14E MANNING DIRECTOR WINCHESTER, ViRGINIA 22601 J. WILLIAM RILEY, 111 YONING COD= ADMINISTRATOR July 7, 1976 Mr. Richard U. Goode, C.E., C.L.S. RFD 1, Box 31-A Berryville, Virginia 22611 In Re: Russell's Paradise Subdivision 8 III, Lots 1 & 2, Resubdivision Dear Mr. Goode: Your subject Preliminary Plat of June 29, 1976 has been received and reviewed -- while yet another roadfront lot in this subdivision is not desirable, your lot design does meet county requirements for a three (3)- lot subdivision. You should; however, consult with your client(s) to draw attention to item 10.of the Deed of Dedication (Deed Book 410, Page 274): "Resubdivision and Easements". The proposed Section III clearly violates the terms of that Deed of Dedication. If you wish to take any further action on this subdivision the one above -mentioned matter should be corrected. Sincerely yours, COUNTY OF FREDERICK, VIRGINIA H. Ronald Berg Deputy Subdivision Administrator HRB:fmd CC: J. 0. Renalds, III, County Administrator 703/662-4532 Re -subdivision of: Russell's Paradise Subdivision § III, Lots 1 & 2 Subdivision of portion: Bottlers Int'l, Inc. (A.C. Gunter, owner), Lots A & B Preliminary plat of June 29, 1976 received June 30, 1976. Stonewall Magisterial District, Route 661, R-3 Zoning Located 3 mi. North of Winchester Richard U. Goode, CE, CLS 955-2113 RFD 1, Box 31-A Berryville, VA 22611 Mr, Gunter wants to close the 25' reserve strip, RON - map shows 250' give Mr. Russell Lot C, and sell Lots A & B. PHONE 955-2113 RICHARD U. GOODE. C. E. CERTIFIED LAND SURVEYOR RFD 1 - BOX 31-A BERRYVILLE, VA. 22611 ON 840, 2 MILES SOUTH OF BERRYVILLE June 29, 1976 Mr. H. Ronald Berg Planning Director 9 Court Square Winchester, Virginia 22601 Dear Mr. Berg, Would you please look at the enclosed Pre- liminary Plat and let me know what my next step is in getting this approved. Thank you. Yours truly, ,W Lk Richard U. Goode she WEIYED MAY 3 01976 d 691 r f l j ',ar =fie CV v PRELIMINARY PLAT OF RESUBDI VISION OF A PONT10N OF ItUSSELL' S PA RAD13E SUBDIVISION, SECTION 3 AND SUBDIVISION OF A PORTION OF LAND OF BOTTLERS INTERNATIONAL, INC. LOCATED ABOUT 3 MILES NORTH OF WINCHESTER IN. STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. RICHARD U . GOODE CERTIFIED LAND S:UR VEY OR JUNE 29, 1976 NOTE: Lots No. 1 and 2 are part of Russell's Paradise Subdivision, Section 3. Other land is: owned by Bottlers International, Inc. Mr. A . . Gunter who owns Bottlers International, Inc. want to close 25 foot reserve strip and give Mr. Russell Lot ",C" and sell Lot "A" and Lot "B". �- _ MEMORANDUM TO: R. C. King, Highway Department FROM: H. Ronald Berg, Planning Director K-5 DATE: Jul 29 Y 1974 SUBJECT: Russell's Paradise Subdivision Please be advised that an amended plat has been approved I'or the Russell's Paradise Subdivision. Enclosed is a copy for your file. skr Enclosure - Plat MEMORANDUM TO: R. Wesley Williams, Administrative Supervisor FROM: H. Ronald Berg, Planning Director DATE: July 23, 1974 rlf3 SUBJECT: Russell's Paradise Subdivision Please be advised that an amended plat has been approved for the Russell's Paradise Subdivision. Enclosed is a copy for your file. skr Enclosure - Plat OA May 10, 1973 Mr. William F. Russell Box 44 Clearbrook, Virginia 22624 Re: Russells Paradise Subdivision iDear Mr. Russell: ,.- You are hereby notified that pursuant to all the necessary requirements being fullfilled, the Frederick County Bca.:d !:�z Supervisors, at their meeting on May 9, 1973, did approve the final plat of Russells Paradise DSubdivision, situated in Stonewall Magisterial District. If we can be of any further assistance, please do not hesitate to call upon us. Sincerely J. O. Renalds, III County Administrator JOR:akk �s�r 9, Z, H-1 ff-rO 7d Twe S104 yeal(4 7// All 7 75- 7�911-1 nc,t4� r�tr Zr,-,t aou� v 77 -7,5- If 109 � /d /�- -7 4 /lam('Ire el'-JW W4 s, e qz" C-C rt-a� 4rcov-elrr OA� 15s. 77 7JIc Aw4m,, 1, 61 37 - 17 7 7 3' - - -------- To `" Date' '1 WHILE YOU WERE OU`i' --- -- --- --- Mr- - - — - — -- of - - - --- --- — — — PhoneArea Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message OoerataR—=' EFFICIENCY LINE NO. 4725 AN AMPAD PRODUCT _ ----- - ----- -- --- Russell's Paradise Subd. Stonewall District SUBD J