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HomeMy WebLinkAboutSenseny Heights Blocks C and D Shawnee District - Backfile (2)�"+" Ybu� co7�"FmC17/nt. scow 476 'Fac1 216. ko CURVE Ab. DELTA / Big• /5' 48" Z 68-/5'46" Fillet 55-50,32" ° CURVE TABLE RAD/US ARC TANGENT Z7' 57.62' 145.00 /7Z.75' 98.29' Z5.00 ' Z7. 88 ' 15.57 ' 95.99' - 528-50'35"E /8Z. 72' - S28-50, 35 "E 28. 4 4' - N31 *05' /0"W f/NAL PLAT SENSENY NE/SNTS SU80/V/S/ON B/oc*s C and O SAownee D/str/ct , Orvder/CA County, Vlrpin/o Sca/e • / "= /00, ✓une 23, 19 75 VIRGINIA FREDMCK COOK Y. SCT. 7 1IMIrUnxnt of writing v.:.s producem d to e on tl»day d ot..... and witn cerU:icattri of acknowWgment thereto mnne6A was ad ftled to tocord. �.►_..g�� e � �� deJ4t. r CUP- v E pA7-A ADIUS Al2 G CH - CHG '� BEA1?1t 42_00�143.56�N48�—'4 56-04' 2ro" 3t 1 .G8T-82.Oo 8 1. 7rc N 03 3434 46" E !� rl' E.L. G�TE�S 4-1581SsF- 311.GIB Ei1.50 B1.Z'7 ty t6145' 30'E a � LAA-11-7 11 02 00' To. a2 0, I s 49. 08 3 1 3 t E o p A CO2 I°OpG'LY}= ' tb.C.1Z_ 91. t4 N Cr4- t t' 41"_ N 2' OS$ ZZ?" w 29 Z �3 ��° 17� 1.sf• 25.ao 1 �9.90_ a�`_s� s as=-- o�'� � „� \^. 1 1, 442.37�� �? 2n ZO' 5-T'P-ICT-IbN -J 3Ahf 1 T/� t2Y I tk® �O / / Qj\ L 1 IV E-. SEwEc2 EA�SEMEr✓ /1 1 1, 45Z.41 ;b / P' P� p0 12,3r=t -71 0// o/0 30\0• �� \ BLOC K -C'• 68�6' S a O•• Qo•. � s o- . N BLK "E'4/"o J O't/VN S � I F T 6j. ?> E2 CE T 1C_A E o ,3 WE THE UNDE2S I GNED OvVNE � 3 4 e�', F � �r n/0 S' pG HEPEBY CEF2T IFY i HAT 015.8g O oh �� d THE 5UBD1V1510N SHOWN /� s�� ��� �/ �'� � 13,I�e.a3b�- \)N �, P H E2EON 15 WITH C P- / �O � �;> CO ¢ V FP.EE CONSENT AND tN / �*3 ��' w N O 0 ,015.88�/ . A C/— i�c DAt�10E WITH G U fz o' o2AwA&E o r0 7457 1 D 1 ASEMEtvi 8 0 -/ n'%0 a 4- DESIPES. .DATE: 1��90 / N G to �s33t fah &• /VL ", • ' i O pc e> ado` 62 �Q 14 .tea N 5 7°OH' 43" 45 i ro 0 OI / 5 4G'LL t�5-oco• � O �I `51(70'4947" // s g LL I'75.53• I BLOCK " B" n� i 1, 945. 33 0 I 44, -74' BLOCK " D" \� e 3 292 w PLAT IZE\IlSl=a 4/ EAScMEevT c7r-t L.O"T' Z SENSENY HEIGHTS 5U5D1 vI SION j FREDERICK COUNTY, V1W-GtN1A+ '17 19"W a .�7 1 /s/ Raymond C. Sandy, Chairman \\ Frederick County Board of SupervisC April 10, 1974 /s/ J. 0. Renalds, III County Administrator April 10, 1974 T R I C 0 ASSOCIATES, INC. ENGINEERS. PLANNERS, SURVEYORS I y 417 West 8 r o a d Street 33 East 8oscawen Street y- Falls Church, Virpinia Winchester. Virginia yk .A '•' ': A 1 � C E R T I FI E0 CORRECT Sale:--��=moo'_ Date:-_�-2s-7z_ D r a w n B C Wd By: i.f\f. CL s W C o. N o- V F. B _. _ P __ __ M a, _A A ;IaT ,if_INTENANCE GUARAINITE, 2,500.00 BOND. NO. Ap lipa por_ KNOW ALL VEN BY THESE, PRESENTS, That we E. L. Peters, Winchester. Va. (hereinafter called Principal), as Principal, and Fireman's Fund Insurance Company Af a corporation San Francisco, Calif. organized and existing under the laws of the State of California and authorized to transact business in the state of Virginia, (hereinafter called Surety), as Surety, are held and firmly bound unto Virginia Department _ of Highways (hereinafter called Obligeel, in the.,penal sum of Twenty -Five Hundred and 00 100 Dollars ($2. 00.00) good and lawful :Honey of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our eals and dated this 26th day of June 1 aHEREAS t above bounded Principal -<obtained a peri,dt from the above Obligee to nstruct certain streets totalling approx. 1250 feet on Williamson Road. aDnm49%k 265 feet on Stafford Drive and aDDrox. 875 feet completed and of One Year of the Subdiavision, Frederick County, Va. the construction of these streets is now S, said OYli.gee desires a guarantee for the period and Materials used in connection of said streets. and ITHEREAS, said Principal is willing to give such guarantee. NOW, THEREFORE, the condition of the above obligaticn is such, that if the above bounden Principal shall indemnify and save harmless said Obligee from any such loss as a result of faulty materials or workmanship used in the construction of said streets for a period of one year fror;. -,Tune 26. 192S . then this obligation shall be void; otherwise to remain in full force and effect. Principal B�- FIREMAN' S AND _INSURANCE CCKPANY Surety A torney-in-Fact Countersigned: _ Virginia esiaen Age t j GENERAL POWER OF ATTORNEY FIREMAN'S FUND INSURANCE COMPANY tr KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City and County of San Francisco, in said State, has made, constituted and appointed, and does by these presents make, constitute and appoint R. T. Bryarly and W. H. Louthan, Jr., both of Winchester, Virginia EACH its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga— tions in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in- Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY adopted on the 19th day of November, 1965, and now in full force and effect. "Article VIII, Appointment and Authority of Resident Assistant Secretaries, and Attorneys -in -Fact and Agents to accept Legal Process and Make Appearances. Section 30. Appointment. The Chairman of the Board of Directois, the President, any Vice -President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vice -President, may, from time to time, appoint Resident Assistant Secretaries and Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys -in -Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." qk This power of attorney is signed and sealed under and by the a ority the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly ca11 eld on the 15th day of July, 1966, and that said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice -President, Assi nt cretary, and sident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on ny ower of attorne on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power f torney, any revoc on of any power of attorney, cr certificate bearing such facsimile signature or facsimile seal shall be valid and b ing upon the Corporation." IN WITNESS WHEREOF, FIREMAN'S FUND INSU COMP Y has caused these presents to be signed by its Vice -President, and its corporate seal to be hereunto affiAV4 thi h ay of_ January _ 19-70 FIREMA 'S FUND INSURANCE COMPANY . By ~e[ � S. D. MENIST, Vice -President STATE OF CALIFORNIA, 1 CITY AND COUNTY OF SAN FRANCISC"W" ) On this __h_day of January 19 7o , before me personally came S. D. MENIST, to me known, who, being by me duly sworn, did depose and say: that he is Vice -President of FIREMAN'S FUND INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. f�a+auur++wnnnswsmarrusswswnwnn[� ETHEL L WATKINS a NOTARY PUBLIC - CALIFORNIA I MY SANNFitAH� OF nj CERTIFICATE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO ss. ............ .......... ---- - -- --------------------- ----- ---- -- - --- - ------ ETHEL L. WATKINS, Notary Public My commission expires March 2, 1971. I, the undersigned, Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CER- TIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Pewer of Attorney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the 4& " "day of Z, I� �A C[ coJ t�J � ...... WINIFRED H. BROWNE, Assistant Secretary 360257(HO) (FF)-5-67 JAM: sw 1/19/77 MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER. VIRGINIA MEMORANDUM TO THE FREDERICK COUNTY BOARD OF SUPERVISORS Please be advised that I represent Mr. E. L. Peters who is the developer of Senseny Heights Subdivision. Mr. Peters has obtained the approval of the subdivision in the last portion of his development, which contains fourteen (14) lots on Massie Drive. He is, however, unable to obtain an indemnifying bond or performance bond, whichever it may be called, to guarantee the construction of the water and sewer lines and the paving of the streets as required, as this bond is almost impossible to obtain by any developer. Mr. Peters is also suffering from a lack of cash and is unable to put up a certificate of deposit to cover the cost of the improvements, as he must have the funds with which to make the improvements. Consequently, Mr. Peters has entered into negotiations) with Perry Engineering Company, whereby Perry Engineering will construct the water and sewer lines to be connected to the county and city sections in the subdivision, and for the completion of the construction of Massie Drive and Stafford Drive in the proposed final portion of his subdivision which has been approved by the.County Planning Commission and the Board of Supervisors, but is awaiting recordation conditioned on the performance bond or the certificate of deposit. 0 MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER, VIRGINIA To secure the construction costs, Perry Engineering Company requires a deed of trust on the 14 lots with a release clause for the payment to Perry Engineering upon the sale of each lot. In order to properly secure Perry Engineering, it is necessary to put the Deed of Dedication on record. Therefore, to properly secure the County after the recording of the subdivision plat, it is recommended that the County accept from Mr. Peters a second deed of trust to secure the County for the cost of the construction, should Mr. Peters and/or Perry Engineering Company fail to complete it. The second deed of trust would further prevent the sale of any lot until a release could be agreed to by the County. The second deed of trust would be satisfied upon the completion of the construction of the water and sewer lines and the completion of Massie Drive and Stafford Drive. Perry Engineering has estimated that the cost of the work in the new subdivision section is about $37,287.00. In addition to this, Mr. Peters will have Perry Engineering do some extra work on Williamson Road, which has already been recorded, for the purpose of hooking water and sewer to four lots already on record, but this would not be involved in the proposed deed of trust arrangement with the County for the last section of Senseny Heights, but would be involved with the deed of trust with Perry Engineering to cover the total cost to Perry Engineering. If this arrangement can be approved by the Board of -2- Supervisors, work can be commenced immediately, according to Ferman Perry, and it would take approximately two months to complete the construction of sewer, water, and streets, which will enable the subdivision to be ready for the spring sales. We hope that you will accept this arrangement in order that Mr. Peters can go forward with his development. Respectfully submitted, gJot" - c%, � seh Massie, Jr. Attorney for E. L. Peters MASSIE AND SNARR I) ATTORNEYS AT LAW WINCHESTER, VIRGINIA MASSIL AND SHAR 1 ATNAN[TA At LAM 41MCN12169. 1r MMA 213 E. L. PETERS, TO: TRUST JOSEPH.A. MASSIE, JR. , ET AL, TRS. i THIS DEED OF TRUST made and dated this day of August, 1977, by and between E. L. PETERS, widower, party of the first part, Perry Engineering Co., Inc., party of the second part, and Joseph A. Massie, Jr., of Winchester, Virginia, and George G. Snarr, Jr., of Frederick County, Virginia, Trustees, parties of the third part. WITNESSETH: That for and in consideration of One Dollar ($1.00) cash in hand paid by the said Trustees to the party of the first part, on and before the delivery of this deed of trust, the receipt of which is hereby acknowledged, the party of the first part does hereby grant and convey, with general warranty of title, unto said Trustees, any one or both of whom may act in the execution of this deed of trust, and their successors forever, the following real estate, to -wit: All that certain tract or parcel of land containing 5.533 acres, more or less, according to a rezoning plat drawn by Greenway Engineering and Surveying Co., Inc., which tract of land has been divided into fourteen (14) lots on Massie Drive, which subdivision has been approved by the Frederick County Board of Supervisors, and is awaiting completion of the installation of water, sewer and roadways before the recordation of the plat made by aforesaid Greenway Engineering & .Surveying Co., Inc., dated June 25, 1976, attached hereto and by reference made'a part hereof. IN TRUST HOWEVER, to secure payment to the holder of a certain note of even date herewith, payable one (1) year from date, in the principal sum of Thirty Eight Thousand Seven Hundred Ninety Seven Dollars ($38,797.00), together with interest thereon at the rate of nine per centum (9%) per annum, made by the party of the first part and payable to Perry Engineering Co., Inc., at the Shenandoah Valley National Bank, Winchester, Virginia, or order. It is understood and agreed between the parties hereto that Perry Engineering Co., Inc., will release the lien on any of said.lots after recordation of the said plat by the payment of 524 JAM/nc 6/10/76 IEE[AI ■ASSES Ark SMAIIIR ATTGA.STS AT LAB IFINCKEST[.. VI.AINIA *********************** E. L..PETERS; ET UX • DEED OF 9EDICATION *********************** s 4 S 4 5,24 THIS DEED OF DEDICATION, made and dated this 15th day of -June, 1976, by and between E. L. PETERS and RUTH E. PETERS, his wife, owners and proprietors of the hereinafter described subdivision. WHEREAS, E. L. Peters and Ruth E. Peters, his wife, are owners in fee simple of the hereinafter described property, the plat of which is attached hereto and made a part hereof, and desire to divide and subdivide said property in accordance with the applicable statutes of Virginia and the ordinances of the County of Frederick, Virginia, for such purposes made and .Provided; and to dedicate any streets thereon to the use of the public and toothe County of Frederick, Virginia. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: In consideration of the premises and of the benefits to accrue to them by reason of this dedication, the undersigned owners and proprietors, with tYieir free consent, and in accordance with their desires, and pursuant to the applicable statutes of Virginia and the ordinances of the County of Frederick, Virginia, for such purposes made and provided, do hereby dedicate -the lots and streets in said subdivision, the alleys and ease- ments for utilities and easements for storm drain which are set forth in said plat, which is located East of Winchester, in Shawnee District, Frederick County, Virginia, on the North side of Senseny Road, and the street therein being designated as Massie Drive, and connects with Virginia State Secondary Route No. 657, known as Senseny Road, and said street, together with the dedication of land for the widening of Senseny Road, are hereby dedicated to Frederick County, Virginia, for the free use of the lot owners of said lots, their agents, invitees and the public. And we, the owners and proprietors of said subdivision, 4 S 4 5,24 THIS DEED OF DEDICATION, made and dated this 15th day of -June, 1976, by and between E. L. PETERS and RUTH E. PETERS, his wife, owners and proprietors of the hereinafter described subdivision. WHEREAS, E. L. Peters and Ruth E. Peters, his wife, are owners in fee simple of the hereinafter described property, the plat of which is attached hereto and made a part hereof, and desire to divide and subdivide said property in accordance with the applicable statutes of Virginia and the ordinances of the County of Frederick, Virginia, for such purposes made and .Provided; and to dedicate any streets thereon to the use of the public and toothe County of Frederick, Virginia. NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH: In consideration of the premises and of the benefits to accrue to them by reason of this dedication, the undersigned owners and proprietors, with tYieir free consent, and in accordance with their desires, and pursuant to the applicable statutes of Virginia and the ordinances of the County of Frederick, Virginia, for such purposes made and provided, do hereby dedicate -the lots and streets in said subdivision, the alleys and ease- ments for utilities and easements for storm drain which are set forth in said plat, which is located East of Winchester, in Shawnee District, Frederick County, Virginia, on the North side of Senseny Road, and the street therein being designated as Massie Drive, and connects with Virginia State Secondary Route No. 657, known as Senseny Road, and said street, together with the dedication of land for the widening of Senseny Road, are hereby dedicated to Frederick County, Virginia, for the free use of the lot owners of said lots, their agents, invitees and the public. And we, the owners and proprietors of said subdivision, MASSIE AND SNARR ATTORNEY. AT LAM T/INENESTER. VIRGINIA 5�5- qc;v 41S.1 Fd�c 525 do hereby request the proper officials designated by the Board of Supervisors of Frederick County, Virginia, and the City of Wihchester, Virginia, to approve the plat of said subdivision attached hereto and made a part hereof in order that the same may be recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. This Deed of Dedication consists of Lots 3 through 12, Block C, on the eastern and northern sides of Massie Drive, -and Lots 6 through 9 , Block D, on the western and southern sides of Massie Drive, and is part of a larger tract or parcel of land that was conveyed to E. L. Peters and wife by Deed from Sophia G. Trenary and M. B. Trenary, her husband, dated June 2, 1961, and of record in the Clerk's Office of the Circuit Court of Frederick. County, Virginia, in Deed Book 271 at Page 99; which land was incorporated into a master plan for the subdivision for the entire tract. The aforesaid lots being the remaining portion of the master plan yet to be subdivided and put on record. A plat of the said lots and street is attached hereto and made a part hereof for more perfect description of the said subdivision, said plat being made by Greenway Engineering & Surveying Co., ,and certified by H. Bruce Edens, C.L.S., and dated the llth day of March, 1975. The lots herein are subject to the following restrictions which restrictions are deemed covenants running with the land for the benefit of the Grantors herein and all their Grantees and Assignees. The said restrictions and covenants are as follows: (1) All of said lots are restricted to the use of residential purposes.only, and only residences may be erected thereon, together with a family car garage attached to or sepa- rated from the dwelling house. No•commercial buildings are to -2- 526. . K"SR &Ko SKAXX &TIOlm"s •T LA WIMCHMEM. TI.iIMI� 1� } 526 be erected upon the lots, nor are'the lots to be used for commercial purposes. .(2) Every dwelling house erected upon the lots shall be for single family dwelling.purposes only, and the cost of construction shall not be less than $20,000.00 based on the Revised Wholesale Price Index for building materials (1974-100) as of February 1, 1975, and the month immediately preceding the beginning of the date of construction of such dwelling house. Said cost of dwelling shall not include garages, and no trailers or garages shall be erected thereon and used for temporary residences. The exterior of said dwellings shall be predomi- nantly brick. • (3) Each dwelling erected upon said lots shall include running water and sewer lines connected to central water and sewer lines of the City of -Winchester, Virginia, or the County of Frederick, Virginia, if and when the same is available. (4) There shall be a building line of tbirty- five (35) feet back from the front property line along the streets on each of said lots, and no dwelling house shall be built in front of said property line. This does not include porches, bay windows and overhangs, but does include garages. Nor.shall any dwelling or part thereof on other buildings be built.Closer to the side and back property lines that are now required under the appropriate ordinances of the County of Frederick, and if none, then no buildings shall be built closer than ten (10) feet to the back or side of the property lines. (5) No animals or fowl, except pets such as domesticated cats and dogs and canaries, shall be kept upon the premises. (6) No other buildings shall be erected upon said lots except those set forth herein. - 3- MASSIE AND SNARR AT 1 Ar 527 (7) There shall be no resubdividing of lots or the granting of easements or rights of way except for public utilities. (8) There shall be no fences erected in the front of said lots or along the sides from the rear of the dwelling house to the front property line, and there shall be no fences erected in the rear of said lots higher than three (3) feet, and there shall be no solid fences or fences made of chicken wire or other farm -type fencing. (9) The owners and proprietors herein do reserve the right and privilege to,place other restrictions different from those herein upon their adjoining land and to change the use of said adjoining land from single family residences to multiple family residences and commercial purposes, as they deem it advisable. WITNESS the following signatures and seals the first date hereinabove written. 6 (SEAL) E. L. Peters IPJ__I_� (SEAL) Ruth E. Peters STATE OF VIRGINIA OF C// f ��'/.:�,t is r', TO -Wit: a Notary Public in and for the State and aforesaid, do hereby certify that E. L. Peters and Ruth E./Peters, whose names are signed to the foregoing instrument bearing date the 25th day of February, 1975, have acknowledged the -same before me in my State and aforesaid. Given under my hand this day of _�u.c�� , 1976. My Commission expires Notary Public • 528 ' k F 1 N4-+ P.1r� T 5Z8 A , •,.i 3 rr_, . SENSENY HEIGHTS SUBDIVISION Blocks C and D Shawnee District, Frederick County, Virginia r 25 June 1976 Frederick County �,ALTjj Sanitation Authority•? to serve lots 8 & 9 l of Block D and lots 3 & 4 of Block C as �"'' cv V H. RICE IDEM a minimum CERTIFICATE No. Y ' sacnr�e.v ,.7,.0 54.17.3 (a!965 ! i syvcc /•.taieo• . 54.17.3 (D)162 ce i Freder ck County f Sanitation Authority h�oLAND s�A APPROVED BYt FREDERICK.COUNTY t.� v -1 Board of Supervisohb �6v DATE � t Planning Commission / , 11 a DATE 76 ' Subdivision Administratoro •�� ATE ��— --i% �71 V I RG I N IA Dept. of Highways -P'7 -ca, e,14 d X DATE // .--X • AyFi';1A-D SLBJ ECT TO ITISTAT.LATIOIT OF STATE APPROQED i 1'-:^ ��'"�RAL SE-.7AGE TREATMENT SYSTEh1S•��NDATE i APP ^0•r_D SY Cove,:);; cc'.::.ti:I., Crry, U^DD PO:3 FLW'11 HIEITATION UNTIL S? E ADD _ I. • 1 L?� OF WINCY.ESTER, 1�Ast/{:.. t!...147%'*I:- ` " �....,e •. r h.!W I N - 1 T".Cr..3 .,1 .i..Gi: T3_.:T".�'_?i` IS AVAILABLE. TU CITY A;.�NA,Mr? 'OFEZ IS KESI'NSIDLE FOR PIUTIFYING EACIi LOT O'b11ER Oj TKZ� P,&rTRICTICIZS _ — •--- h ilc`--• e Date liilli - M Ii, uatf field, Mr ll. , I it } Owner's Certificate Lord FF-irfaa I:ealth Di : ict I The above.and foregoing subdivision of the E. L. Peters land as appears in the accompanying plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors, 5 • and trustees, if any. E. L. Peters, Owner Surveyor's Certificate hereby certify that the land in this subdivision is a portion of the land conveyed to E. L. Peters by deed dated 2 July 1961, and recorded in the Frederick County Court Clerk's Office in Deed Book 271 at Page 99. H. Bruce Edens, C.L.S. w EE E .�'�,"��R1ibG & S(!��'EYi'6 CO. IBC. P.O. Box 663 Manchester, Va. Sheet 1 of 2 f f i i 5�9 . / 9o^r 424 paci 529 I f. � 0 I • � , _ �C4�n ,� •'' �G� "{"yam.yl ••r,,• . ri eg.I�Yi ". CURVE TABLE CURVE NO. DELTA RADIUS ARC TANGENT / 68- /5 ' 46 85.00 , /O/ . 27' 57. 62 6B•/5!460 /45, 00, 172.75� St).29! .2 r 25.G0 Z7.85 ' /5.57 �C:i.l:•...SSl:.� .'_ '.' ... :.^.'s •� ►ice• :Yr�.. 1C%., �KA. CH090 95.39' — 523.50 '33~E /52. 72 ' - S2a"50 '33IZ' 26.44' - N31d'03'/0"W SEN. :/✓Y HEIGHTS SURD/VISION e/ocA: C and D Showno® 01,ir/ct ; Fiodorict Coanlr, Vlipin/o Sea/o ✓un� 25, /9 76 She*/ 2 o/2 .. _ A. VIRGINIA FRM-RM CWN' - SCT• ! r This l t of writing was produoed to mean the L� day d ��% ^• �z ��C ✓ % /% eL /� n - &nd with certificate of acknowlodgment thereto annexed was Rd-ftW to record. �? .. v"' ` aQJ4-;�� Clerk. �fXebexlrk (fauntU Department of Planning anb De6elapment H. RONALD BERG X 601 PLANNING DIRECTOR P. O. 9 COURTT SQUARE DOROTHEA L. STEFEN WINCHESTER. VIRGINIA 22601 ZONING AOMINISTRATOR December 12, 1977 Mr. Joseph A. Massie, Jr. Massie and Snarr Attorneys at Law P.O. Box 593 42 S. Cameron Street Winchester, Virginia, 22601 Dear Joe: Enclosed is a receipt for the partial payment of the fees due on the E. L. Peters. Subdivision, Senseny Heights, Block C and Block D. The total fees due is $1593, $39 for plat review and $1554 for recreation. Mr. Peters check in the amount of $1105 leaves us with a balance due of $488. You may wish to have the review and re- creation fees paid separately as I understand that they may be handled differently for tax purposes. Thank you for your help with this matter. HRB:bsw enclosed Sincerely yours, H. Ronald Berg 7031662-4532 October 6, 1978 p ^• ' fy � C. P . '0� .� Box 443 Winct stev, Va. 22601 Re: Senseny Heights Subdivision Frederick County Mr. E. L. Peters Senseny Road Winchester, Virginia22601 Dear Mr. Peters: When we were requested to add the streets in Senseny Heights Subdivision to the Highway System effective July 1, 1978, you furnished us a bond quaranteeing workmanship and materials for one year in the amount of Two thousand, five hundred dollars, ($2,500.00). We have been holding this bond expecting that the section of Williamson Road that was omitted would be dedicated and we could proceed with this addition. As one fourth of the fiscal year is now past this bond is unacceptable, there- fore we are returning it to you so you may have it cancelled if you wish. When the section of Williamson Road has been dedicated and you wish it added prior to July 1, 1979, it will be necessary to provide a bond at that time and a maintenance fee. This fee :'is prorated monthly, we can compute it at the time of the request. If it is added next July 1, no maintenance fee is required. If there are any questions, please advise. Sincerely yours, John W. Chiles, Jr. Resident Engineer By: t. C. King Asst. REsident Engineer RCK/jag Enclosure Copy: Mr. J. 0. Renalds, III AGREEMENT THIS AGREEMENT, made this Prff day of December, 1977, by and between E. L. Peters, party the first part; and the COUNTY OF FREDERICK, VIRGINIA, party of the second part; WHEREAS, in consideration of the approval by the party of the second part of the Deed of Dedication and Plat for the third section of Senseny Heights Subdivision of the party of the first part; and WHEREAS, the party of the first part has constructed the water and sewer lines and streets in said section which have been approved by the City of Winchester, Sewer and Water Department, and by the Sanitation Authority of the County of Frederick; and WHEREAS, the party of the first part has filed an indemnity bond for the maintenance and repair of the said sewer and water lines and said streets with adequate surety approved by the party of the second part; and WHEREAS, the streets cannot be taken into the state highway system until at least July 1, 1978; and WHEREAS, the party of the second part requires additional security for maintenance and repair of the roadway and streets in said subdivision section after the said indemnity bond expires; NOW THEREFORE, the party of the first part agrees as follows; 1. To comply with all requirements of the Virginia Department of Highways in order that the streets will be accepted by the Virginia Department of Highways for operation and maintenance, and the party of the first part agrees to make prompt application to the Virginia Department of High- ways for acceptance of such improvements. 2. To conform with all applicable County, State and Federal laws and regulations with regard to any construction pertaining to the project. 3. The party of the first part does hereby certify that they will, within thirty (30) days of the expiration of the bond for maintenance of the facilities to be constructed under this agreement, execute a new bond for a period not to exceed six (6) months in an amount to be determined by the County to cover the work remaining and to reflect inflation costs should the party of the first part not be able to complete the maintenance work covered by' the bond within thirty (36) days of the agreement expiration date or should the Party of the first part not be able to have the streets in this subdivision accepted by the Virginia Depart- ment of Highways and Transportation within thirty (30) days of the expiration date of this agreement. In testimony whereof, the party of the first part has hereunto caused his name and seal to be hereunto affixed, and caused this agreement to be acknowledged and delivered for and in his behalf. eC _(SEAL) E. L. Peters STATE VIRGINIA, to -wit: a Notary Public in and for the S e and aforesai and whose commission as such will expire on the 4W day of CL�„� , 19Y© ap, do hereby certify that this day personally pearre me in my said State and , E. L. Peters, and acknowledged the same before me. GIVEN under my hand and notarial seal this day of ,6� , 19 � �"_ ;"' / �: /- / /t - - �' 4 � " / Notary Public In testimony whereof, the party of the second part has _hereunto caused it body corporate names and seal to be hereunto affixed, for and in its behalf, by 5" C_0 C� p /117.7- its Chairman, duly attested by = , its County Administrator and caused this agreement to be acknowledged and delivered for and in its behalf by its said Chairman and County Administrator. WITNESS THE FOLLOWING SIGNATURE AND SEAL: COUNTY OF FREDERICK, VIRGINIA BY L air�an der ck�ounty Boar of Su ervisors (SEAL) Attest: 0, 10 �- C my Administrator STATE OF VIRGINIA, to wit: COUNTY OF FREDERICK I, 2-1, 1PGf e , , a Notary Public in and for the State and County aforesaid, do hereby certify that this / day personally appeared before me in my said County r Chairman of the Board of Supervis of Frederick County, Virginia, its governing body, and County Administrator, whose names as Chairman of the oard of Supervisors of Frederick County, Virginia, and County Administrator are signed to the foregoing and hereunto annexed agreement dated 2, let 77 and each then and there personally and severally acknowledged the said agreement for and on behalf of the said County of Frederick, Virginia, and acknow- ledged that the seal thereto affixed is the true and genuine seal of the said Board of Supervisors of Frederick County, its governing body. My cormni.ssion expires � �1_9 Given under my hand this �1 day of v/mac , _ T19 C. �. Notary Public JOSEPH A. MASSIE, JR. GEORGE G. SNARR, JR. THOMAS H. ROCKWOOD - THOMAS J. CHASLER MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 42 SOUTH CAMERON STREET P. O. BOX 213E November 1, 1977 Mr. Reginald King, Engineer Virginia Department of Highways Commerce Street Winchester, Virginia 22601 Dear Mr. King: AREA CODE 703 TELEPHONE 667-1096 ,\1 It is my understanding that Perry Engineering Company has completed the construction of Massie Drive in the Senseny Heights Subdivision of E. L. Peters on the North side of Senseny Road, Shawnee District, Frederick County, Virginia. Mr, Peters is anxious to get his subdivision plat and deed of dedication recorded and I would appreciate it if you would take whatever action is necessary to have the Board of d to take Supervisors approvewhatever action is that necessssaryry roadway and necessary take it into the highway system. J/ cc: Thank you for your cooperation in this matter. Sincerely yours, Joseph A. Massie, Jr. J. 0. Renalds III County Administrator County Office Building 9 Court Square Winchester, Virginia 22601 4-1 1-41 r r NY HEIGHTS SUBDIVISION S C & D Shawnee Dist.