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Senseny Heights (El and RuthE Peters) Blk C (L 3-12) Blk D (L6-9) Shawnee - Backfile
;,12yartir init of annin_g axt Jo- 6darm"Ont H. RONALD BERG 5- COURT SQUAOS PLANNING DIRECTOR m e m o r a n d u m WINCHESTER, VIRGINIA 7_2601 J. WIL.L IAM RILEY, III ZONING Coo-= AAMINISTRATOR July 6, 1976 TO: Frederick -Winchester Health Department FROM: H. Ronald Berg, Deputy Subdivision Administrator SUBJECT: Senseny Heights Subdivision - Block C (Lots 3-12) & Block D (Lots 6-9) Shawnee Magisterial District, Senseny Road (served by Massie Drive) E. L. and Ruth E. Peters - owners, Final Plat of June 25, 1976 / R-3 Zoning HRB/ fmd CC: J. 0. Renalds, III, County Administrator Enc: 1 file copy of subject Final Plat Please review and comment (below) on subject SUBDIVISION as soon as possible so that your evaluation may be submitted in time for Planning Commission review on July 7, 1976 - it will be appreciated. Please note planned central water and sewer. (7 �-'o eF Ao'//'7j� X-,011Vxr1-A1 ��icf7'�►'.�f/ !�/4 �� ,�Ny C'E�Y/�'�' CJ'��✓��� `�� �lr . d' J��iJlr; .i,..I � 3 FOR YOUR SIGNATURE: (�6�/� G%2'sCly DATE: jam/ -E� CAS 031662-4532 H. RONALD BERG PLANNING DIRECTOR J. WILLIAM RILEY. I11 ZONING CODE ADMINISTRATOR Xreberirk (gonntg "Orpartnt.ent of 1hanning aub pebelopment m e m o r a n d U. m July 6, 1976 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 TO: W. H. Jones, Engineer -Director, Frederick County Sanitation Authority FROM: H. Ronald Berg, Deputy Subdivision Administrator SUBJECT: Senseny Heights Subdivision - Block C (Lots 3-12) & Block D (Lots 6-9) Shawnee Magisterial District, Senseny Road (served by Massie Drive) E. L. and Ruth E. Peters - owners, Final Plat of June 25, 1976 / R-3 Zoning REF: Your letter of June 18, 1975 to County Administrator County Administrator's memorandum of May 13, 1975 HRB/fmd Attached: 1 copy of subject Final Plat for your files. Please review and comment (below) on subject SUBDIVISION in relation to central water and sewer: X Z Wes* l 1 FOR YOUR SIGNATURE: jjj // !� ?' ' _._ DATE: % - 703/662-4532 rrbeXtth TountU �e��xr�xn�n# oaf �Ittxtnin� �nc� �QfrQl�x�xr��en# H. RONALo BERG m e m o r a n d u m 9 COURT SQUARE PLANNING DIRECTOR WINCHESTER. VIRGINIA 22601 J. WILLIAM RILEY, 111 July 1, 1976 ZONING CODE ADMINISTRATOR TO: ATTENTION Mr. R. C. King, Virginia Dept, of Highways and Transportation FROM: J. William Riley, III for H. Ronald Berg, Deputy Subdivision Administrator SUBJECT: 3enseny Heights Subdivision - Block C (Lots 3-12) & Block D (lots 6-9) Shawnee Magisterial istrict, enseny Road (serve by Massie Drive), R-3 E. L. and Ruth E. Peters owners, Final Plat of June 25, 1976 JL+TR/ fmd CC: Addressee & J. 0. Renalds, III, County Administrator Enc: 2 copies (1-file, 1-return) of subject Final Plat Please review and comment (below) on subject SUBDIVISION as soon as possible so that your evaluation may be submitted in time for Planning Commission review on July 7, 1976 %- it will be appreciated. �7"' t7�J�r� r. r I.S �� �a t �� n /-.a r �►-r _S Lam, -7 . ,P Val c� u3 c9 u. l l t `k P 7�5- ri u Z/ ®yA Zr, A= s 7/- c� �' -T i FOR YOUR SIGNATURE: DATE: %-�- 66 2-4532 FINAL PLAT SENSENY HEIGHTS SUBDIVISION Blocks C and D Shawnee District, Frederick County, Virginia 25 June 1976 Frederick County Sanitation Authority to serve lots 8 & 9 ..of Block D and lots 3 & 4 of Block C as Z�Tt a minimum., 0 Frederik County �x.�rovP Sanitation Authority+�r i•�raoo' APPROVED BY: FREDER ICK COUNTY v N. BBUCE EDEN$ CERTIFICATE No. ,► 54-17.3 (a)965 54.17.3 (b)162 iAMn Board of Supervisors .�0 � DATE Planning Commission DATE f Subdivision Administrato.0- �� DATE ja,-g"---77 r► YIRGINIA Dept. of Highways YJ �� G%`�' DATE 7% �'- APPROVED SUBJECT TO INSTALLATION OF STATE APPROVED ` CEIvTRaT, f?20 l_MD CrNTRAL SMAGE TREATMENT SYSTEMS. NO LOT N', ".Y BE USED FOR HU IA11 HABITATION UNTIL SAFE ADEQUATE APPROVED BY Cc� "11—NIC �1 , CITY AND PROPyR Sr,.7AGE TREATrrERT IS MADE AVAILABLE. THE F WINCHESTER, vA��r,Zt,_19.7� DEVELOIER IS RESPONSIBLE FOR NOTIFYING EACH LOT OWNER -„•,• .... .... � ITY MANAGER Lord Fairfax Health trict Cert if i cote 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, and trustees, if any. E. L. Peters, Owner Surveyor's fgrtificate I 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 recosd in the Frederick County Court Clerk's Office in Desd Book 271 at Page 99. ' H. Bruce Edens,C.L.S. E"'JIURII��a ��IRV YI C ., INC. P. 0. Box Coo i Whester. Va. A Sheet 1 of 2 Ea4." _ 1115. 3 "ago -9s�o1 s 'SFiGh,°rs ?0,F 1 N �, 0.3 /p ssoo see?s, /O4, 19 ti O0-; > oti� A\0 \4 9 \ O 2i30�39,' & o \ \ os 01 , 09 ' I \ \ 12,942 4 2 62 / rn 6 0 \ O .43�a,37 rr �/7, 650 � Na0 II50�QGK BLOCK „C„ 4 14.22�; tT 5B81,57'49'E N 4°42'40 "W /4B. 00 V ("N 'a2 ' • 3 0 a 5 N as 139�4"w.... _...... v 13 8 Q � 12,000 �, NI 63• 29 _ 0 I Q N ,. � ,A R S84042'40"E " w " /25.29I b Nlle 7W ..........v \� 4 390 , ••••• •' l05.86 2 _ 9 I O �O /2,000 U /2,74B O O C G� 011,,�y =2.00' 12,00�0 � C 1 40 W / Ole 50 ' 30 / N05D/7' B U 2t� E,NB4e4iZ40 W C 27.60' CURVE TABLE CURVE NO. DEL r,4 RADIUS ARC TANGENT CHORD / 680 /5'46" 85. 00' /0/.27' 57.62' 95.39' - S28050'33"E 2 68' l5'46" 145. 00' 172.75' 98. 29 , /62. 72' - S28°50'33 "E Fillet 63050'432" 25 .00 ' 27. B6 ' /5.57 ' 26. 44' - N.3/°03'/0"W FINAL PLAT SENSENY HEIGHTS SUBD / V / S ION Blocks C and D Shawnee District , Frederick County, Virginia Scale: / "_ /00' ✓une 25, /9 76 Sheet 2 o/ 2 FINAL PLAT SENSENY HEIGHTS SUBDIVIS, Blocks C and D Shawnee District, Frederick County, Virginia 25 June 1976 31 T rc Nr o LocAT/on/ MAP .Jc�aLE /":ZaDO' APPROVED BY: FREDER 1CK COUNTY Board of Supervisors Planning Commission Subdivision Administrator. VIRGINIA Dept, of Highways Owner's Certificate N. BRACE ED x CERTIFICATE Na > 54.17.3 (a)965 'ki4*17-3 (b)162 0� E� LAND SA I DATE DATE DATE DATE 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, and trustees, if any. E. L. Peters, Owner Surveyor's Certificate I 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. GREENWAY ENGMEERIMS" & SORE`E NIG CO., INC. P. 0. Cox 60 Winchester. Va. Sheet I of 2 mif oo N6?o 1rgsS/ 06� � o F OS'. ' 01109 . 0 9 0\ 1i a \ \ /2,2 \a, a, 6' o � � �3.041'N 9°�26 � co; 11011 - - /7, 650 b (� \ -M Nao 11 y.2 4 �a BOCK .22BLOCK „C" \ $88057490E � N 4°42'40 "W V 152.73 I o /48.00 'N.• Na0°aZ ? 5aa/o39'l4 /2,000 ....._........N/63.29 13,170 11w S84042'40 "E "b " /25.29 Nl l°39 07 ,y............... N� "S 1 4 y 105.86 _ 9 I O . /2,000 2 748 op *�s 3 C C r % , N j6 50 30 / N051D/7 w B' Ngq° /00 f d'' 27.60 .. 9i240 W O CURVE TABLE CURVE NO. DELTA RADIUS ARC TA1,vGENT CHARD l 68 /5' 46 " 85. 00 ' /0/ . 27' 57. 62 ' 95.39 ' - 928 050 '33 "E 2 68 15'46 /45. 00' 172, 75' 98. 29 , /62. 72' - S28'50'33 "E F / /let 6. 50'32" 25 .00 , 27. 86 ' /5 .57 ' 26. 4 4' N3/' 03' /0"W FINAL PLAT SENSENY HEIGHTS SUBD I VISION Blocks C and D Shawnee District , Frederick County, Virgin/o Soo/e : / "= /00' ✓une 25, 19 76 Sheet 2 of 2 12 131� co U K v E L-)I-\ i A I " C 5! A - ZC-_ r-J 4-cl- Lie .4 7 Q T, 84 0-7 N C)'7 4 1c0 •✓vim -v 1 7, 13, 7 L. 7i Tar, ZZ' Z -7 vVGj '3 20 V- A A kj, Ci S) 0 =7 q�' V -�9 c) ��`oa / , / moo. n, .25 4 v L 3 L t-% F- CE�ZTIPICATF 0 LV, �3 (V C:l NJ E0 cwN E- k��, fi I -I IA I' J a H. t t i .. T � ` �..?� -• � � +, � v n i v �d -1-1 � Wit/ � v � �' i� �• _ " � \ �3 � � C, A -t'u KA TIA T 3 0 (V P 70 C) Uj v<1,1 ,4 4 '( \ \e\ > "', i , 01 C� v w SEM-SENY HDGH7-5 0 �UbDl vi sioN k� Lo Wd1 TO API r %T W Lj Slf Of �1101 VIM f BLOCK U" T I? I C 0 ASSOCIATES. I N C ENGINEERS. PLANNERS, SURNE.YORS 4 17 F, i U fr 0 a d S t r C 0 t 33 East u 0 c a v, t. F) vall'i clluvch. v#v(;If)la W I f, C C E R T i E U C 0 R R E C T 5 C a I e.. 6- .1 y D r A C ---------- VIRG!NIA FREDERICK COUNTY, SGT. — "- ' " I / " ) ') Yids Instrument o,? writing was produced to mo on tho ilay of �) at li---- ' (11 S{ I I � ).:, and with ceriificato of acknowledgment thereto annoxed was adrn�tl:/J ---------- - to record. M F-- --CURVE PAT.. u DELTA P-AbIU-51 AP-C CHOP-D CHORD fE35EAF--1WG 1 24-0316z" -A-Z.CDC-1 T 25, ffc)'00' 1605.04.1 84-76 B4.017 N 0'7038' 01- Z8't4-- 31 N . Q45 ft. c"o 8.00 I -A 196 55' 0-7" vv'- 15* 15, za" 31 roa --1�53 —CX3 5 Z. �15. 11Qp" w �N- %, fs�304' --c&- 3 t 8?- .00 51.70 3;1i-- 4E5.- iE G-14--se, -7 55- ®I-Z-7 I N4 k ft- 45' 50 " E wl ii oz. 00- O�5 e� CZ4-�' 1 1, 3.12 14 N Cp4- i P 4 1., w 9 1 71 191 Z81 T;ZF(5�` ZZ' Z-7 " W 10 ofs,30,3(d -f4—,e04 I 4Cb-57 '548�O 54o- w ZO' 5.6,NJ 17-A- W-V OWNERS CERITIFICATE WE THE UNDEP-51GNIED CYVNE9 PC, HEREBY CEF—TIFY 7-I-AA-F THE SU5DIV1510N SHOWN HEFZEGN 15 WITH CUP FP—EE CONSENT AND IN ACCCRF-)A��E WITH CUR/M DES) 2ES,. C)A-T-E : /�iVO IS BY Z' > C' tv 4G- 'd. L86 LL LL 459.r�31 12,41 S—. 751 0 tn I -7 5-�5 BLOCK B && � 57 7 r 4.0 59' 40- W 4-4..-74-1 BLOCK "D" NS-JCN"Y T R I C 0 ASSOCIATE S . I NC. r) f�;D I ENGINEERS, PLANNERS, SURVEYORS 25, Bult-C)1"C' —2E5Tv-1r-'r1C3t--4 LINE. 417 West Broad Street 33 East 8 o s c a w e n Street Falls Church. V i r o I n i a Winchester.Virginia CER T I F I ED CORRECT Scale: Date: --'7 - Drawn By C Wd BY: vj - .01 1 c o. N o. F. a. --,— P. eae A&� O B a " I Q '3.,93 /si 1 N e9 �� , � 3 �• /p -�soo see 2 piL CIL / O-'> g6 SB 6 .9 � Z /� ° ' � 9 (� 20 B 110 001,09' 6.41 5 2 ao_ N11 11 \ W2 942 •� 02 �.. 0 6 1 „ r� �, /7, _ o a3 Z7 p,9 �2 �4, 63 p N Rt \ Na0 115 t� bOCK BLOCK "C" \ ¢ B I4.22 m \ 588057'49'EN 4042'40"W V. �aV�. 3 /52.73 /48.00 Nao"aa• 5 W O12,000 S84-4240"E Nl105 '07„W.... • /25.29I � 4 /05.86, N p /2,000 /2,748 O ;; _- G� 3 ao ,yv , ;2.00' o /21000 o O .' iP. vino j6 50 30 `� W _ c�rt Tif�::.. N N051D?2!�'E' NB4'4240 W � 27. BO' .. O AND nr+_� CURVE TABLE CURVE NO. DELTA RADIUS ARC TANGENT CHGV40 / 68' /5 46 85.00 /0/ . 27 57.62 95.39 - S28 50 33 E 2 68' I5'46" 145.00' 172. 75' 98. 29 , /62. 72' - S28'50'33 "E Fillet 63' 5032 25 .00 ' 27.86 ' /5.57 ' 26.4 4' - N3/'03' /0"W i i FINAL PLAT SENSE -NY HEIGHTS SUED/VISION :: B/ocks C and D ' y �;�,e+•. Shawnee District" Frederick County, rx11 ;. Viryinio f; scale /" /00' Sheet 2 of 2 1 '"` `-,.,..s. ifii4"'r^' ?}s!Sar y,..u. wi •.+'a's'aew` .. . ""�`s s v4 -.:n-rva-ys«rn. .r..ar?xe` - O WN gyp' /0 �500 sTB 2 O� �N \� /20 ,1, 6 SS20 - 3S 20 fp 19 /0Qs3, D x 4, �•Q 9S 62 0� 1. s2oS826 `SS/� 99� ry/208 \ 9 �'c�3oo3Q,� �/ `3go. 6s O'Q/��C• 6'�;3i � Bi, v 5 2 \ 12,942 " 0 6 �2 14, col BOG" f 4 BL 14.22- m \ � SBB�5749�E �N S crQTIF- ' a s;, CURVE NO - DELTA I 68' /5 ' 46 2 68015146 Fillet 63050'32 N` 00441a J NI1�39, w..._... 63• � N/ 1.3g007l ow... -105.B6 2 16°00 / N 50 CURVE TABLE RADIUS ARC TANGENT 85.00 , /0/ . 27 ' 57.62 /45.00' 172.75' 98.29, 25 .00 ' 27. B6 ' I5.57 ��.Y .• � °• i�dL G fm:Ytii��C�� �i,�d"� � � J9I'. 3Y��1 ii �t xY :I ., :i +i, C. O i CHARD 95.39 ' - 528050 '33 "E /62. 72 ' - S28'50 '33 "C 26.44' -W3/003'10"W FINAL PLAT SENSENY HEIGHTS SUBDIVISION Blocs C and D ,Shawnee District Frederick County, Viryinlo Scale I 10= /00 June 25, 19 76 Sheet 2 of 2 FINAL PLAT SENSENY HEIGHTS SUBDIVIS. Blocks C and D Shawnee District, Frederick County, Virginia 25 June 1976 3�Trc LOCAT/ON AfAP J�/�LE /'sttb0" APPROVED BY: FREDER ICK COUNTY Board of Supervisors Planning Commission Subdivision Administrator, VIRGINIA Dept. of Highways Owner's Certificate "'ro No BRUCE EDP e CERTIFICATE No. > 54.17.3 (a)965 54.17.3 (bi162 o`F LAND cLoff 4y DATE DATE DATE DATE 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, and trustees, if any. E. L. Peters, Owner Surveyor's Certificate I 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. YR1i. MAY clial�c. i��:,1 N iJ 4�f0��1. SIN a981e, INC. P. 0. Bob d'66 Winchester. V�. Sheet 1 of 2 9s20 s F/Gy�S AO 0. 4f4s -9s e � °l 8 , \ 00,3 sio \ ss , 09 E 110Of al, \ \ 12, 942 N 116 • ''Uy .•- 7 6 lot /7,65 �Iay 21 ,a0 BOG(p BLOCK-ZN ¢ b � low SBB'57'49'E U4% �' �"W v � 4Z .... • 3 152.73 ►di � 04LY42a.14 w o 'l4'�w...._.......N 8 O /2,000 /�// / 39 v 13,170 63.29 _ S84-04240"E " b N/ 1039 07 ................. /25.29 I 4 ' 106.86 2 9 N N �O /2,000 _ 0 /2,748 0 ��s 3 C op401 ,000 Nj6 50' NOS°1 2!0'E:' N84o�1240 W CURVE TABLE CURVE NO. DELTA RADIUS ARC TANGENT CHORD l 68- I5'46" 85. 00' /0/.27' 57. 62' 95.39' - 928050'33"E 2 68" /5'46" /45. 00' I72.75' 98. 29 , /62. 72' - S28050'33 "E Fillet 63 - 50'32 " 25.00 ' 27.86 ' I5 .57 ' 26.4 4' N3/' 03' /O"W FINAL PLAT SENSENY HE/6HTS SUBD / V / S /ON Blocks C and D Shawnee District , Frederick County, Virginia Sca/e : I "= /00' ✓une 25, 19 76 Sheet ?of,? FINAL PLAT qENSENY HEIGHTS SUBDIVISIO10 Blocks C and D Shawnee District, Frederick County, Virginia 25 June 1976 Frederick County Sanitation Authority to serve lots 8 & 9 of Block D and lots 3 & 4 of Block C as a minimum. Fred&fick County Sanitation Authority 31TC 0 Loc�TiON MAP ScA�¢ �•=roioo' APPROVED BY: p'k R. BRUCE MEN x CERTIFICATE No. Y 54.17-3 (a)965 54.11.3 M162 04 y`�U L.�'Nlh 9V4� FREDERICK COUNTY Board of Supervisorq(]�A J�%',%'f DATE` (, n Planning Commission DATE Subdivision Administrator, DATE )—E'-77 t f VIRGINIA Dept. of Highways/ DATE St3'i MI.Vy plo) 11!,T V�y'yl6y�g1t 00W%, Il+i jW Sp. , . 1D �PUVE�D BY (Ui'.n"s'1' r: rf� Zf: i:�+1 YLOT!u Si.. #V i i7 e L a E Q�Si#1 ADWAW WINCHCSTER-, l�a.Sts>r,_�2* is_Z P; t EY'l '�":rr...�T?� ��' i6 �*XAWL" to IS 16'.il�i �i M i In= i1M t �. / C. ate wner's Certificate The above and foregoing subdivision of the E. L. Peters land s appears in the accompanying plat is with the free consent and n accordance with the desires of the undersigned owners, proprietors, nd trustees, if any. urveyor's Certificate I hereby certify that the F the land conveyed to E. L. nd recorded in the Frederick n Deed Book 271 at Page 99. AY EMU" A GRINS & SglRVEYING CO., INC. P. 0. Box 66 Winchester. Va. E. L. Peters, Owner land in this subdivision is a portion Peters by deed dated 2 July 1961, County Court Clerk's Office cif -a c5c--C-�7 H. Bruce Edens, C.L.S. Sheet 1 of 2 Iti V /a �soo sad tip°1-9 �2�2 °p\ �o SSj •mob' a 8 0 rF \ o \ •semis � F 9s � '� ti�2o'T ati \� s ss , \ os, F 5 \s3 � oo �'o °01 O9, o o\ 1i a1 ,�' N 116 /2,942 oa3 2�1 a9° �2 /q,63� p �, I76 Rl \-M N a0 15' 6 OGK " _ BLOCK "C �e % O \ 4 BLOC" /4.22 m ca, 588`5749'E � N `42' " V #40 ..• 3 I52.73 ° /4B.00 a0° a• ° , 5 N a ° 'l4"w.... _... �' 8 O /2,000 6 Nl3- 29 v_ 13,170 I p W � S84042'40"E " - ��++ /y/l°39'07',w.............. /25.29 4 . l05 B6 N m /2,000 2 /2,748 ° c 0z.00' $ I2,000 O N 16 50' 277P0N0'E:` N8404P40 W 27.60' •• � Z CURVE TABLE CURVE NO. DELTA RADIUS ARC TANGENT CHGOKD / 6801546 `85.00 , /0/ . 27' 57. 62 ' 95.39 ' - S28 `50'33 "E 2 680I5'46" I45.00' I72.75' 98.29' I62. 72' - S28`50'33 "E Fillet 63-50'32" 25.00' 27.86 ' /5.57' 26.44' - N3/003'/0"W SURVEYIN 140. FINAL PLAT SENSENY HE/ GH rS SUBD / VISION S/oc*s C and D Shawnee District Frederick County, Virginia Scale: I "= /00' June 25, /9 76 Sheet 2 of AM/ 7 /14/78 THIS DEED OF DEDICATION, made and dated this 14th day of August, 1978, by and between E. L. PETERS, owner and propri- etor of that certain land and subdivision designated as Senseny Heights, and more particularly that certain piece or parcel of land designated as Williamson Road, 60 feet in width and extending] Northwardly from the boundary line of Senseny Road, otherwise designated as Virginia Secondary Route No. 657, to the area designated.as Stafford Drive at its intersection with Williamson Road as shown on that certain plat of Trico Associates, Inc., dated July 25, 1972 and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 399, at Page 93. This Deed of Dedication is in consideration of the premises and of the benefits to accrue to E. L. Peters, his heirs and assigns, and is made with his free consent and in accordance with his desires and pursuant to the applicable statutes of Virginia and the ordinances of the County of Frederick, Virginia, for such purposes made and provided and he does hereby dedicate the aforesaid street in said subdivision from its intersection with Senseny Road Northwardly to its intersection with Stafford Drive and Williamson Road to Frederick County, Virginia, for the free use and benefit of the lot owners in said subdivision, their ]agents, invitees and the public. The said E. L. Peters, owner and proprietor of said subdivision does hereby request the proper officials designated by the Board of Supervisors of Frederick County, Virginia, and the City of Winchester, Virginia, to approve the plat of said roadway, that the same may be taken into the highway system for ,State of Virginia and the same may be recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia. MASSIE AND SNARR �� ATTORNEYS AT LAW The purpose of this deed of dedication is to properly WINCHESTER, VIRGINIA NASSIE AND SNARR ATTORNEYS AT LAW NINCNESTER, VIRGINIA place on record and dedicate for the purposes setforth above the aforesaid strip of land in order to connect Stafford Drive and Williamson Road as platted in Deed Book 399, at Page 93, i more directly with Senseny Road or Virginia Secondary Route No. 657 and for the public access and the use and benefit of any property owners on either side of the same. WITNESS the following signature and seal the first date hereinabove written. e4r (SEAL) E. L. Peters STATE OF VIRGINIA To -wit: a Notary Public in and for the State aftel- aforesaid, do hereby certify that E. L. Peters, whose name is signed to the foregoing instrument bearing date the 14th day of August, 1978, has acknowledged the same before me in my State arrd- aforesaid. GIVEN under my hand this /%//(- day of 1978. My Commission expires ,/ f oQ - 2 - Notary Public W1&L1AAW,,ffOAD EXTEh,,,ZD ' ' SHAWAVE DISMAOr FREOERICK COl/NTY, V/RSIN/A r ✓UL Y 3I1 _I970 LOCArl&V MAP SCALE /'' 2000' north to w "Awsier /PNd rayMs /redsn qk Aaip ' SITE �nfe ss BY COMMON COUNCIL, CITY. APPROVED BY APPROVED VA.1KD!!'slN-197_ OF. WINC ESTER, CITY MANAGER ..? Y SWR0 OF SUPERVISORS DATE ! a' PLANNINS CQWAOSS/ON ? • OArE /0 7 SUROWISION ADMINISTRATOR DSO rE q �=1 VIRGINIA DEPARTMENT OF H/GHwAYS I rE HEALTH 4,WPARmawr Sump NOT APPLICABLE OWNER'S CERTIFICATE rNE ABOVE AND FO/41f&O/NB PARCEL Of LAND OF E.L. PETERS AS APAEARS /N THE ACCOMPAANY/NO PLAT is w/rN THE CONSENT AND /N. ACCORDANCE WITH THE DESIRES OF THE UNDERS/9NE0 OMNERS, PROPRIETORS ANO rRUSrEES IF ANY. - r SURVEYOR'S CERTIFICATE �.,ALTN ©�. / HERE• or CERTIFY rMAr rNE LAND CONTAINED AY PLAT /s nE LAAO CONVEYED r0 E. L. PETERS ,Y DEED DATED rNE ACCOMPANY/NR I WAGE /9t/ AND �• u��� � Rr'CORDED /N rNE mromCK COUNTY COURT CLERK IS OFFICE /N DEED so" "" 27/ Ar PACE . .F-RTIf�,�AiF No. a Y 5r�-173 {a�8o5 54-17.3 (6)162 LAW • s fir z. 0 a � STAf fDDD li E 5 84o4Y1od j' A C 0.7952 c LOT 6 ACRES B OCK"E" o BLOCK "E" W/L L /AMSON ROAD LOT 7 CIRCLE o w BLOCK"ECo SO LOT B 3 R LOT 9 RETAINED ` PORTION LOT ID O N RETAINED \ a % PORTION � ro a 41 y o_ emu -4 (y-- — — RETAINED : 3 \ FoRrIav RETAINED PORTION LOT /3 N 66/0;20"�M SENSENY ROAD !• 0, 60' R/ c� XLTH Q� L7ti �f�a 5; 17 fir» k4�10.11) 6LAND 9"tti PLAT Of WILLIAMSON 14OAD EXTENDED SNAmEE D/BTRvr, PREDERmw ODUNTY V/AIT/N/A JULY d/, f976 - SCALE / "s /00' PREPARED BY 0 OREENNAY ENOWEAIM9 AND WRVEY/NB CO., /NC. P. O. BOX 666 WIACNES MR , V/R6/NIA BLOCK "B" CURVE TABLE NO VE RADIUS ARC DEL TA TANGENT CHORD CHORD BEAR/NS / 25.00 ' 39. 27' 90. 00, 00" 25. 00' 55. 36 ' N 69 . 25' 40 "E 2 236.59' 79.03' /9" 09'20" 59. 88' 78.66' N /4" 5/' 30"E 3 296. 59' 99.07' /9.08120" 50.00' 98.6/' S /4.5/' 30"W 4 25. 00' 59. 27' 90000,001, 25. 00' 35.36' S 69. 25 ' 40 "W ^a �7 f , No. t� 54-; 7 3 (t)162 ti i�r 1. AN L) `� o 77 4 F TkUctempoppioplat rspreso6ts a survey of a portion of the land conveyed' to E. L- Peters by deed dated 2 June 1961 and recorded in the Frederick County ' f Court aliwhes Office in Deed Book 271 at Page 99. " The said land fronts the northern boundary line of Senseny Road (Virginia Route 657) in Shawnee Magisterial District, Frederick County, Virginia and is bounded as follows: ' Beginning at an iron pin set in the Northern boundary line of Sbneeny Road (Virginia Route 657); thence with the are of a curve to the Lett 39.27 Ft. (Radius - 25.00 Ft., Chord - 35.36 Ft., Chord Bearing N69925140"E),to an iron pin set a corner to the Retained Portion; thence with the Retained Portion for the two following courses N24o25140"E - 304.95 Ft- to an iron pin set, thence with the arc of a curve to the Left 79.03 Ft. (Radius - 236.59 Ft-, Chord - 78.66 Ft-, Chord Bearing - N24o51'30"E) to an iron pin set in the line of Circle Drive a 60 Ft. Right -of -Way; thence with tle lines of Circle Drive and Lot 19 Block Et,of Senseny RoWs Subdivision N0501792017. - 153.83 Ft. to an iron pin set corner to Lot 19 Block- E, of Senseny Heights Subdivision and Williamson Road; thence with Williambon Road S84o42#40"E - 60.00 Ft. to an iron pin set comer to Stafford Drive and Lot-Z, Block E, of Senseny Heights Subdivision; thence with Lot 6, Block E. of Senseny Heights Subdivision S05017120"W - 153.83 Ft. to an iron pin set corner to Lot 6, Block E, of Senseny Heights Subdivision and the Retained Portion; thence with the Retained Portion for the three following courses with the arc of a curve to the Right 99.07 Ft. (Ralus -- 296.59 Ft., Chord - 98.61 Ft., Chord Bearing - S14o51'3011W) to an iron pin set; thence S24o2514+0fvW - 304.95 Ft. to an iron pin set; thence with the arc of a curve to the Left 39.27 Ft. (Radius - 25.00., Chord s 35.36 Ft., Curd Bearing - S20034120"$) to an iron pin set corner to the Retained Portion and in the Northern boundary line of Senseny Road, thence with the Northam boundary line of Senseny Road N65034120"W - 31.0.00 Ft. to the beginning. Containing-------------0.7952 Acres Surveyed ........... July 31, 1978 u � CE 2' I FICA � r NUJ•':" ,' 54-17.3 W965 nfi 54.17-3 (6)162 a`` 0 0 * 0 E. L. Peters DEED OF DEDICATION MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 42 SOUTH CAMERON STREET" AMOUNT $ 5 , 6 0 0. 0 0 BOND NO. A=11ed Fob KNOW ALL MEN BY THESE PRESENTS, That we E. L. Peters, Principal, and Fidelity and Deposit Company ;of Maryland a corporation organized and existing under the laws of the State. of Maryland and authorized to transact business in the state of Virginia, (hereinafter called Surety), as Surety, are held and firmly bound unto the County of Frederick, Virginia, (hereinafter. called Obliged), in the penal sum of Five Thousand' Six Hundred Dollars ($5,600.00), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs,administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our Seals and dated this 7th day of ne -ember i 1977. WHEREAS, the above bounded Principal obtained a permit . from the above `Obligee to construct certain streets totalling approximately 840 feet of Massie Drive and approximately 400 feet of Stafford Drive and including water and sewer lines, there, and; WHEREAS, the construction of these streets and water and sewer lines is now completed and has been inspected and approved by the State Highway Department and the Frederick County Sanitati n` Authority and the City of Winchester; and WHEREAS, said Obligee desires a guarantee for the period of One Year of the Maintenance of said streets and water and sewer lines,and WHEREAS, said Principal is willing to; give such guarantee. MASSIE AND SMARR ATTOANEYS AT LAW' - - WPNCNI<STER. YtA61NtA �_ . � .. __. � .aT-`ir" r£$"...vN :•`X �` "f E2 1l4'l'"',13`'Tm„ ,`.$ d''`'�y, �i �,. _.-.•fin - - - NOW, THEREFORE, the condition of the above obligation is such, that lif the above 'bound Principal shall maintain the street including water and sewer lines to conform with the County _ -and City -Sewer and --Water- _requirements - and the State Department of Highways regulations fora period of one year from date hereof or until the streets are taken into the'State Highway System,' the this obligation shall be void; otherwise to remain in full force and effect for not more than one year from the date hereof. ` 4"7 Principal FIDELITY AND DEPOSIT COMPANY OFF, `i�4AR)MM Surety By: Attorney- in- Fac -, Countersigned: a.J Virginia Reside gent Power of Attorney on file in Frederick County Clerk's Office. MASSIE Am) SNARR - ATT4RNEYS AT LAW - - WiNGHESTER, VIRUNIA .. r _ , .... .. _.. ;�_-rl-'•` 8+>KS:Fk�,vtd+..e-..., � a 'Su_.,'�y s�Y .°..,.-;r.. �.�o'�, _•.. _.i� r 524 E L.•PETERS,• ET UX DEED OF 'DEDICATION *• JAM/nc 5i/10/76 wassic .a spun MMc.11Mrs. VWG MY THIS DEED OF DEDICATION,, made and dated this 15th day of "•.Jude; 1976, by and between E. L. PETERS and RUTH E. PETERS, his wifei 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 too the 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 their 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, H � � - • 1 r. r THIS DEED OF DEDICATION, made and dated this 15th day of -.;rune;`. 1976, by and between E. L. PETERS and RUTH E. PETERS, ,hiswife, 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 to the 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 their 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 i i MASSIE AND SNARR ATTORNEY$ AT LAW WINCHESTER, VIRGINIA do hereby request the proper officials designated by the Board of Supervisors of Frederick County, Virginia, and the City of Winchester, 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, an.d 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- MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER, VIRGINIA 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 thirty- 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- L- it (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. (SEAL) E. L. Peters l f .1. Peters (SEAL) Rut E eter s STATE OF VIRGI.NIA �1f if OF (+�� 1_`l 6:5"C_yi To -Wit. a Notary Public in and for the State and ;r;-�,; 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 and71 C 1rn aforesaid. -4- Roy A. and Mabel R. Beatty LOT ,2-,-8u)r- ..0 590 Massie Drive Winchester, Virginia 22601OMr. and Mrs. BeattyO Clyde W. and Carol A. Bordwine Lo.T �- 572 Massie Drive /7 Winchester, Virginia 22601OMr. and Mrs. BordwineO Elva M. Baker Lam- '5t c. 566 Massie Drive Winchester, Virginia 22601OMs. BakerN Roy A. and Linda S. Mills S�-5+6-'Massie Drive - t© Winchester, Virginia 22601OMr. and Mrs. MillsO Richard A. and Deborah S. WalkerL07 540 Massie Drive ► Winchester, Virginia 22601OMr. and Mrs. WalkerO /1 74 Robert T., Jr. and Judith P. Nichols 532 Massie Drive �OTg) ` Winchester, Virginia 22601OMr. and Mrs. NicholsO Basil H. and Mary Clark 526 Massie Drive (0% ►� ` ` Winchester, Virginia 22601NMr. and Mrs. Clark® �P0 _/J 7�► John W. and Pamela J. Henry �^T Massie Drive W Winchester, Virginia 22601OMr. and Mrs. HenryO Richard R. and Patricia TurneyLO7-//,8C. K_(2. illbe 502 Massie Drive Winchester, Virginia 22601NMr. and Mrs. TurneyE) Francis S., Jr. and Judith Atkins1p�Ao COCtcC°. 494 Massie Drive ► Winchester, Virginia 22601NMr. and Mrs. AtkinsO f Walter and Mary Welzel 527 Massie Drive &0 11 ,. 8 t,C ' . T- Winchester, Virginia 22601OMr. and Mrs. WelzelO Katherine D. Minutes Y VIV c/o Winchester Toyota { 1835 Valley Avenue Winchester, Virginia 22601OMs MinutesO Jf8 Dennis L. and Michele Lee a 567 Massie Drive`~ "xa° Winchester, Virginia 22601OMr. and Mrs. LeeO f Lewis O. and Sandra Braithwaite G� /7581 Massie Drive ' •x Winchester, Virginia 22601OMr. and Mrs. BraithwaiteO County Administrator COUNTY of FREDERICK P.O. Box 601 - 9 Court Square Winchester, Virginia 22601 Occupant 581 Massie Drive Winchester, Virginia 22601 .at S TF� ?2r; -. .• COUNTY of FREDERICK County Administrator 703/667-2365 December 12, 1983 Lewis O. and Sandra Braithwaite 581 Massie Drive Winchester, Virginia 22601 Dear Mr. and Mrs. Braithwaite: The purpose of this letter is to inform you that on August 24, 1983 the Board of Supervisors unanimously approved a resolution requesting that the Virginia Department of Highways and Transportation accept that portion of Massey Drive that fronts your property into the State's Secondary Road System. It is expected that the State will take over or accept that portion of Massey Drive in front of your home for actual maintenance sometime in July of 1984. I hope this letter will satisfy any questions that you may have regarding the status of Massey Drive. Should you have any questions regarding this matter, please feel free to contact this office. Sinc ly, ohn R. Riley County Administrator JRR/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 December 12, 1983 Richard R. and Patricia Turney 502 Massie Drive Winchester, Virginia 22601 Dear Mr. and Mrs. Turney: The purpose of this letter is to inform you that on August 24, 1983 the Board of Supervisors unanimously approved a resolution requesting that the Virginia Department of Highways and Transportation accept that portion of Massey Drive that fronts your property into the State's Secondary Road System. It is expected that the State will take over or accept that portion of Massey Drive in front of your home for actual maintenance sometime in July of 1984. I hope this letter will satisfy any questions that you may have regarding the status of Massey Drive. Should you have any questions regarding this matter, please feel free to contact this office. Sincerely, John R. Riley County Administrator JRR/rsa 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 Roy A. and Mabel R. Beatty 590 Massie Drive Winchester, Virginia 22601®Mr. and Mrs. BeattyO Clyde W. and Carol A. Bordwine 572 Massie Drive Winchester, Virginia 22601NMr. and Mrs. BordwineO Elva M. Baker 566 Massie Drive Winchester, Virginia 22601®Ms. Baker® Roy A. and Linda S. Mills 554 Massie Drive Winchester, Virginia 22601®Mr. and Richard A. and Deborah S. Walker 540 Massie Drive Winchester, Virginia 22601®Mr. and Robert T., Jr. and Judith P. Nichols 532 Massie Drive Winchester, Virginia 22601OMr. and Basil H. and Mary Clark 526 Massie Drive Winchester, Virginia 22601OMr. and John W. and Pamela J. Henry Massie Drive Winchester, Virginia 22601OMr. and Richard R. and Patricia Turney 502 Massie Drive Winchester, Virginia 22601OMr. and Francis S., Jr. and Judith Atkins 494 Massie Drive Winchester, Virginia 22601OMr. and Walter and Mary Welzel 527 Massie Drive Winchester, Virginia 22601OMr. and Katherine D. Minutes c/o Winchester Toyota 1835 Valley Avenue Mrs. Mills® Mrs. Walker® Mrs. NicholsO Mrs. ClarkO Mrs. HenryO Mrs. TurneyO Mrs. Atkinsg Mrs. WelzelN Winchester, Virginia 22601OMs. MinutesO Dennis L. and Michele Lee 567 Massie Drive Winchester, Virginia 22601®Mr. and Mrs. Lee& :scat Lewis O. and Sandra Braithwaite fo 581 Massie Drive Winchester, Virginia 22601OMr. and Mrs. Braithwaite& COUNTY of FREDERICK Department of Planning and Development John T.P. Horne - Planning Director Stephen M. Gyurisin - Deputy Director 703/662-4532 December 7, 1982 Clyde W. and Carol A. Bordwin 572 Massie Drive Winchester, Virginia 22601 Dear Mr. and Mrs. Bordwin: Since Senseny Heights Subdivision, Blocks C and D, was recorded in 1977, the western section of Massie Drive on which your house is located has remained a private road. That road has never been accepted by the Virginia Department of Highways and Transportation into the State Secondary Road System. The refusal of VDH&T to accept this road has been due to alterations that were made to the shoulders and ditch lines along that road when individual driveways were placed to the homes. Until such time as the drainage is corrected, the Virginia Department of Highways and Transportation will not accept that road into the State System. As long as the western end of Massie Drive remains a private road, there will be no state maintenance whatsoever done on that road. Repairs that are needed on that road will have to be financed by individual property owners and will be in no way the responsibility of the State or the County. The Highway Department has informed me that in their opinion, the only way to solve the drainage problem as it now exists would be to remove the existing culverts along the driveways and regrade the existing drainage ditches to the culvert under Williamson Road. The purpose of this letter is to inquire as to whether you would be willing to participate in the cost of this work. If this office can not be satisfied that all property owners are willing to participate in the cost, there will be no way for the work to be completed and therefore, no way for this section of Massie Drive to be included into the State Road System. I would appreciate it very much if you could contact me at the above 9 Court Square - P.O. Box 601 - Winchester, Virginia - 1 22601 Page 2 Massie Drive telephone number at your earliest are willing to participate in this please do not hesitate to contact Sincerely, JFnT. P.Horne Director JTPH/rsa convenience to let me know if you work. If you have any questions, me. s Roy A. and Mabel R. Beatty i 590 Massie Drive Winchester, Virginia 22601OMr. and Mrs. BeattyO Clyde W. and Carol A. Bordwine 572 Massie Drive Winchester, Virginia 22601OMr. and Mrs. Bordwineg OK-eosr Elva M. Baker 3 566 Massie Drive Or,-ClbI Winchester, Virginia 22601OMs. BakerO .� Roy A. and Linda S. Mills 2552 Wilson Blvd. t Winchester, Virginia 22601OMr. and Mrs. Mills® Richar& A. and Deborah S. Walker 540 Massie Drive Winchester, Virginia 22601OMr. and Mrs. WalkerO Robert T. , Jr. and Judith P. Nichols OK-COI-F? �P-40'2-SAS 532 Massie Drive Winchester, Virginia 22601OMr. and Mrs. NicholsO Basil H. and Mary Clark �K-ecT� ��7-fpdt 526 Massie Drive Winchester', Virginia 22601OMr. and Mrs. ClarkO John W. and Pamela J. Henry S�Massie Drive — Winchester, Virginia 22601OMr. and Mrs. HenryO q Richard R. and Patricia Turney nKr(?`%-�61�F 502 Massie Drive Winchester, Virginia 22601OMr. and Mrs. TurneyO Francis S. ,Jr. and Judith Atkins-0IC-au5T2 I,67_��lp ld 494 Massie Drive Winchester, Virginia 22601OMr. and Mrs. Atkins® Walter and Mary Welzel -; IN- C15T-2 r� 527 Massie Drive Winchester, Virginia 22601OMr. and Mrs. WelzelO !2.Katherine D. Minutes c/o Winchester Toyota 1835 Valley Avenue Winchester, Virginia 22601OMs. Minutes® ,.y Dennis L. and Michele Lee _ 567 Massie Drive Winchester, Virginia 22601OMr. and Mrs. LeeO Lewis O. and Sandra Braithwaite N 581 Massie Drive Winchester, Virginia 22601(&Mr. and Mrs. BraithwaiteN HAROLD C. KING, COMMISSIONER LEO E. BUSSER, III d0 QJd DEPUTY COMMISSIONER EUGENE M. BANE, GRUNDY, BRI.STOL DISTRICT T. GEORGE VAUGHAN, JR., GALAX, SALEM DISTRICT "OE 1FER WILLIAM R. WATKINS, SOUTH BOSTON, LYNCNBURC DISTRICT J EO WILLIAM F. MOHR, RICH MONO, RlCHMOND DISTRICT ` a ECEI • DIRECTOR OF ADMINISTRATION RICHARD G. BRYDGES, VIRGINIA BEACH, SUFFOLK DISTRICT a�aR OSCAR K. MABRY H. R. HUMPHREYS, JR., WEEMS, FREDERICKSBURG DISTRICT DIRECTOR OF PLANNING JOSEPH M. GUI FFRE, ALEXANDRIA, CULPEPER DISTRICT 7p► T�-�/► qq �Tf HAROLD W. WORRALL DIRECTOR OF FINANCE ROBERT W. SMALLEV, BER RVVILLE, .STAUNTON DISTRICT COMMONWEALTH ®t 1 u 7► VIRGINIA IA "JJII J. S. HODGE T. EUGENE SMITH, MCLEAN, ATLARCE-URBAN ASSISTANT CHIEF ENGINEER ROBERT A. QUICKIE, BLACKSTONE, AT LARGE -RURAL DEPARTMENT OF HIGHWAYS & TRANSPORTATION SALLY H. COOPER 1221 EAST BROAD STREET DIRECTOR OF PUBLIC TRANSPORTATION RICHMOND, 23219 IN REPLY PLEASE REFER TO Edinburg, VA 22824 984-4133 Nov. 26, 1982 Ref: Massie Drive - Frederick County Senseny Heights Subdivision Mr. John T. P. Horne, Director Dept. of Planning & Development P. 0. Box 601 9 Court Square Winchester, VA 22601 Dear John: According to your request, I have checked the above referenced street and found the reasons why the street has not been added to the Secondary System was due to the inadequate drainage along the ditch - line. For your information and ready reference, I am enclosing several letters pertaining to this matter which are self explanatory. It is our opinion that the only way to correct the drainage in this subdivision along this street would be to remove all the culvert pipes that have been placed, rework the shoulder, and pull a new ditchline that would provide positive drainage to a culvert pipe under Williamson Road. This would be according to the approved plans. Should you have any additional questions, please let me know. KDW/dkm cc - Mr. N. K. Sparks attach. Sincerely, W. H. Bushman Resident Engineer By: K. D. Walker Inspector TRANSPORTATION - AMERICA'S LIFELINES C0s4W) W9AL,TH C► vft{Y.w• DEPARTMENT OF HIGHWAYS AND TRANSPORTATION P. 0. Sax 462 March 78, 1979 Winchester, Pa. 22601 Re: Senseny Heithts Subdivision Section 2 Frederick County Mr. Joseph A. Massie, Jr. Massie and Snarr Attorneys at Lan 42 South Cameron Street P. O. Bon 2138 Winchester, Virginia 22601 Dear Mr. Massie: After receivLn& your letter of Harch S, 1979 we ._made an in3pection of the streets in Seaseny Heights Subdivision which you are requesting be added to the Secondary Highway System effective July 1, 1979. The surface of the streets are in good condition, however, the shoulders and ditches have been disturbed and left in poor condition by the house build- ers, also. culverts are seeded in some of the entrances. Mr. Norman Sparks, area Superintendent , may be contacted at 662-8876, and will be available usually during working hours Monday thru Friday to met with your Contractor, or others, to point out the work required. These corrections should be made so that you may request a resolution from the Board of Supervisors no later than their June 13th meeting. Sincerely yours, John W. Chiles, Jr. Resident Engineer BY: a. C. King Asst. Resident engineer ICK/ jes Copy: Mr. R. R. Sparks JOSEPH A. MASSIE, JR . GEORGE G. SNARR, JR. THOMAS H. ROCKWOOD MASSIE AND SNARPL ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 42 SOUTH C AMERON STREET P. O. BOX 2138 March 5, 1979 Reginald King, Engineer r' Virginia Department of Highways Commerce Street Winchester, Virginia 22601 Re: E. L. Peters/Senseny Heights Dear Mr. King: AREA CODE 703 TELEPHONE 667-1096 This letter is to remind you of the application of E. L. Peters for the approval of the highway department of the extention of Massie Drive and Williamson Road and Stafford Drive into the State Highway System, which roads and streets are located in Senseny Heights Subdivision, Shawnee District, Frederick County, Virginia. I assume that you have the necessary plats and other paper work necessary to accomplish the above purpose. Mr. Peters will post a bond as required by the Highway Department in the amount fixed by the department when the roads and streets are taken into the system. With kindest regards, I am, Very truly yours, 1 c Joseph A. Massie, Jr. JAM/j cc: E. L. Peters 5,, - x s �� �'Y. a4� �,t�s Y �''�' � 4,�F.�' ✓ '4.�-�T''�d6' Ymw 2' `'� `� ^v' -- �, r s^i �� ° �" � �' A� � s.� �- .;. m AV "VI - # ,,.,+k ' 6. Y ., f r a, nz.. ' q •'sue a. ` # y1� L ? ; ; �' �`'£# t- `. t"d a r. '� ,rA -* '"' A"`�• w� F"`" r• z"` ,F'+'i s <" 'rlik` } .i: ;• r ' } �" s i i -'" S' x i _ r`X f �! '�' •drt+t �` s. e� r � gam` `� .f 5 •d ,w` - i t aF i ft r a,4- F♦ .ryrn•11A w4;..iii -a•L,. K t t z ..+� '`".` i �,. +�t,i. ,ir 'pia' f J _ °:s, ��` tii 3r{�,�,.°i' �.'?. �+' ,-=i'�e �x •: � �, f �v. - x -r `� a' _ ' :.' z � +a'. f t yi-' WA Y �y �%Y.i � ; �'k.- ,fit ��� 's � i "�'t��.,,.��k, Z'4i .� +a s z.. ri '� r � .l'• +.i,y1 , L a ,�, a _.. � , A y1� `�}'_.�,.k w. ,..-k ��'.. �..�"• �. ,¢ .yy..&3r � k<.� �„Y v _� ��z�'`4� +Y r tr ?. �� '„ � �+.:r�' ',�c' k e � �' 4.. April 19, 1979 Dear Sir: 1514 Senseny Road Winchester, Virginia 22601 The Virginia Department of Highways has refused to accept Massie Drive into the highway system from Stafford Drive to its intersection with Williamson Road because, among other things, you have not put a culvert in the drainage ditch for your driveway. The Virginia Department of Highways requires you to put in a 20 foot long culvert with a diameter of 12 inches. This must be done before May 15, 1979 in order that they can inspect it and if acceptable, recommend to the Board of Supervisors that the road be taken into the system. If not acceptable, the roadway will receive no maintenance from the Virginia Department of Highways. When you have completed this requirement, please notify me and I will refer the matter on to the Virginia Department of Highways. This requirement is necessary for all the persons who have built houses on this road and have not _put in the culverts. Since Perry Engineering built the road, it is recommended that you contact Mr. Gene Combs at 667-4310. Thanking you for your cooperation in this matter, I remain, Sincerely yours, E. L. Peters ELP/7 c {_ gitv Uf Xinr*.tzr,, P . . November 22, 1978 Mr. H. Ronald Berg Director of Planning and Development County of Frederick 9 Court Square Winchester, Virginia 22601 Re: Plat Approvals Rouse CITY K^" 1Z6ot Dear Ron: This is to advise that the subdivision plats of Windy Hills Subdivision and Williams Road Extended were approved by City County at its regular meeting November 14, 1978. I will be glad to indicate this approval on the original plats if you can bring them by at your convenience. With best regards, I am Sincerely, Wendell L. Seldon City Manager WLS/brs .�f'xe�rEzttlt ��xuxttp JBepartmEnt of 111a tnin$ anb �OEfirElvpntent H. RONALD BERG PLANNING DIRBCTOR - P. O. BOX 60? DOROTHEA L. STEFEN 9 COURT SQUARE ZONING ADMINISTRATOR WINCHESTER. VIRGINIA 22601 October 4, 1978 Reed T. Nester Winchester Planning Director Room 210, Rouss City Hall Winchester, Virginia 22601 Dear Reed: We are now working on three subdivisions that are within the Cityls extra territorial jurisdiction. Will you please take up these plats with your co-workers and Planning Commission, and then let me know when they are approved, or modified to meet your requirements. Sincerely, COUNTY OF FREDERICK, VIRGINIA H. Ronald Berg Planning and Development Director HRB:btr enclosures CC: J. 0. Renalds, III, County Administrator Garber Land Trust file Windy Hill Subdivision file Williamson Road Extended file 703/662-4532 J. Q. RENALDS III COUNTY ADMINISTRATOR �rrbierick- Countu uarb of !$uyerjxisors February 4, 1977 Mr. Joseph A. Massie, Jr. Attorney at Law 42 S. Cameron Street Winchester, Virginia 22601 Dear Mr. Massie: 9 COURT SQUARE WINCHESTER. VIRGINIA 22601 Please be advised that both the Engineering Committee and the Finance Committee of the Board of Supervisors considered your memorandum dated January 19, 1977, with regard to a bond proposal for Mr. E. L. Peters for Senseny Heights Subdivision for 14 lots on Massie Drive. Both committees have determined that the following three alternatives only are open to the developer: 1. Provide a surety bond 2. Provide a cash escrow deposit 3. Install all roads and utilities prior to having the plat recorded or installing all 'roads and utilities prior to the County issuing any building permits on these lots If I can provide further information, please contact me. JOR:akk Sincerely yours, J. 0. Renalds, III 703 - 667-2385 MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER, VIRGINIA 22601 JOSEPH A. MASSIE. JR. 42 SOUTH CAMERON STREET AREA CODE 703 GEORGE G.SNARR,JR. TELEPHONE 667-1096 THOMAS H. ROCKWOOD THOMASJ•CHASLER Post Office Box 2138 November 16, 1976 Mr. H. Ronald Berg Frederick County Planning & Development 9 Court Square Winchester, Virginia 22601 Re: E. L. Peters Senseny Heights Subdivision Dear Mr. Berg: I enclose herewith the. deed of dedication for Block C, lots 3 through 12 and Block D, lots 6 through 9 of Senseny Heights Subdivision for the Planning & Development Commission's approval. JAM: jr Enclosure Very yours, J seph A. Massie, Jr. RECEIVED NOV 1 71976 October 5, 1976 Joseph A. Massie, Jr., Esquire Post Office Box 593 Winchester, Virginia 22601 In Re: Surety Bond and Agreement for Senseny Heights Subdivision Blocks C (lots 3•-12) and D (lots 6--9) Shawnee 11agis. Dist. Dear Joe: The surety bond required for subject subdivision, owned by E. L. Peters, has been calculated to be $33,600 based upon $16,300 for Massie Drive construction and Stafford Drive completion, and $22,300 for water and sewer lines construction. The bond and agreement are enclosed for your signature and return. Should you have any questions, please do not hesitate to contact me. Warm personal regards, COUNTY OF FREDERICK, VIRGINIA 11. Ronald Berg Planning Director HRB:fmd CC: J. 0. Renalds, III, County Administrator 2 Enc. August 30, 1976 Joseph A. Massie, Jr., Esquire Massie and Snarr Post Office Box 593 Winchester, Virginia 22601 In Re: Senseny Heights Subdivision Dear Joe: I am advised that current roadway plans for Senseny Heights have not been provided to the State Department of Highways and Transportation. These up-to-date plans must be sent to said department before they will sign the final plat. As you can see, the Department of Planning and Development can do nothing more at this time. Sincerely, COUNTY OF FREDERICK, VIRGINIA rt6 H. Ronald Berg Planning Director HRB:fmd CC: J. 0. Renalds, III, County Administrator August 6, 1976 Joseph A. ,Massie, Esquire Post Of -Tice Box 593 Winchester, VirL inia ..?1 7[n =r'.e. Sensenv H.eihtz,;uhdiyisioll _ §,u et Bon Dear Joe: 14,e ore ire 'alr,u s ve th(-, required surety bond, amount far; the Senser,.y deights .Subdivision L. a -ad Ruth 1`_. Peters), will need ,,rater aid sewer plans for review by our en.,Yii?eers. You may already be aware, but I would remind you ti-ia.t the- City will require tiiese pians as we i i oe%t,j:e 'LziL�y will appxove tie .subliv-1-8 .03 . ;sincerely, COUNTY Of FRI'DERIC-K, V1-11%GINIA Berg l3RB: fmd CC: J. 0. llenalds, III. County Administrator memo r a n d u m July 8, 1976 T0eM:Hvaeph A. Massie, Jr., Esquire Massie and Snarr Attorneys at Law Post OfficeBox 593, Winchester, Virginia 22601 FROM: H. Ronald Berg, Planning Director, County of Frederick, Virginia SUBJECT: Senseny Heights Subdivision, Blocks C and D I have forwarded a copy of the subject subdivision plat to the City of Winchester. If you have not yet provided the City with plan and profile sheets for the water and sewer, you should plan to do so. 1 do not believe they will take any action on this subdivision until they have complete engineering information. HRB:£md CC: J. O. Renalds, III, County Administrator JOSEPH A. MASSIE, JR. GEORGE G.,SNARR,JR. MA551E AND SNARR ATTORNEYS AT LAW WINCHESTER,V!RGINIA 42 SOUTH CAMERON STREET P. O. BOX 593 June 27, 1975 RECEIVED j&i4j S 0 i975 ^ llle' AREA CODE 703 TELEPHONE 667-1096 Mr. H. Ronald Berg Secretary Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 Re: E. L. Peters Senseny Heights Subdivision Dear Mr. Berg: In reply to your letter of June 23, 1975, please be advised of the following facts. 1. That in your request for 1200 sq. ft. floor space for one-story building minimum, please be advised that this is larger than any house presently in the subdivision. 2. That in your request for 1600 sq. ft. floor space for two-story building is larger than any building in the subdivision. 3. That a 60 foot right of way for the rest of Massie Drive is 4 feet wider than the present roadway. 4. We have no objection to this requirement as all of the dwellings in the said subdivision are brick. 5. The requirement of 12,000 square foot lots will cause Mr. Peters to lose at least four lots valued at $7,000 a piece, and this is contrary to the original master plan that was approved by the Board of Supervisors in 1961 and which has been carried out throughout the sub- division until this last request for approval of the last section of the subdivision. Mr. H. Ronald Berg June 27, 1975 Page 7 Mr. Peters deems it arbitrary and capricious for the Planning Commission to determine what his restrictions should be, particularly if they are excessive over the restrictions previously placed on the properties, and not in character with the continuing development.of the subdivision. I will expect to be present for the July meeting at 3:00 P.M. Thanking'you for your considerations in this matter, I remain, Sincerely yours, r 4 Joseph A. Massie, Jr. JAM:jj JOSEPH A. MASSIE, JR. GEORGE G.SNARR, JR. MASSIE AND SNARR ATTORNEYS AT LAW WINCHESTER,VIRGINIA 42 SOUTH CAMERON STREET P. 0. BOX 593 June 27, 1975 Mr. H. Ronald Berg Secretary Frederick County Planning Commission 9 Court Square Winchester, Virginia 22601 RECEIVED ,W' S 0 1975 AREA CODE 703 TELEPHONE 667-1096 Re: E. L. Peters Senseny Heights Subdivision Dear Mr. Berg: In reply to your letter of June 23, 1975, please be advised of the following facts. 1. That in your request for 1200 sq. ft. floor space for one-story building minimum, please be advised that this is larger than any house presently in the subdivision. 2. That in your request for 1600 sq. ft. floor space for two-story building is larger than any building in the subdivision. 3. That a 60 foot right of way for the rest of Massie Drive is 4 feet wider than the present roadway. 4. We have no objection to this requirement as all of the dwellings in the said subdivision are brick. 5. The requirement of 12,000 square foot lots will cause Mr. Peters to lose at least four lots valued at $7,000 a piece, and this is contrary to the original master plan that was approved by the Board of Supervisors in 1961 and which has been carried out throughout the sub- division until this last request for approval of the last section of the subdivision. Mr. H. Ronald Berg June 27, 1975 Page 2 Mr. Peters deems it arbitrary and capricious for the Planning Commission to determine what his restrictions should be, particularly if they are excessive over the restrictions previously placed on the properties, and not in character with the continuing development of the subdivision. I will expect to be present for the July meeting at 3:00 P.M. Thanking you for your considerations in this matter, I remain, Sincerely yours, Joseph A. Massie, Jr. JAM: 77 Mr. Joseph A. Massie,;Jr. Massie and Snarr P.O. Box 593 Winchester, VA 22601 Dear Mr. Massie: The Frederick County Planning Commission reviewed the Dead of Dedication and Plat for Senseny Heights Subdivision at the Work Session Meeting on June 19th. By unanimous vote, the Planning Commission requested the following changes: 1. There will be 1200 square feet of floor space for an one-story building, minimum.. 2. There will be 1600 square feet of floor space for a two-story building, with each floor having 800 square feet, minimum. 3. Must have a sixty -foot right-of-way. 4. Sixty percent of the structure must be brick faced. S. Must have 12,000 square foot lots. If the Deed of Dedication could be changed and made available to the Commission for the July 3rd Meeting, that would be greatly appreciated. Sincerely yours, FREDERICK COUNTY PLANNING COMMISSION By: H. Ronald Berg, Secretary HRB/skr 66244532 xxxxxxxxxxx FREDEk.%,'OK COUNTY SANITATION AL _ _ IORITY POST OFFICE BOX 618 S. ROGER KOONTZ. CHAIRMAN 9 COURT SQUARE JAME8 ROBE80M, vice -CHAIRMAN WINCHESTER, VIRGINIA 22601 W G. . BORDEN, $EC.-TRSAS. JAMES H. DIEHL WILLIAM A. MORRISON PHONE 703 — 667-0389 MEMORANDUM W ELLINGTON H. JONM P.E. KN61N[HR - DIRECTOR TO: County Administrator FROM: W. H. Jones, Engineer -Director SUBJECT: Request for Sewer Line Extensions in Senseny Heights DATE: June 18, 1975 Reference: Memo Dated May 13, 1975 The Board of Directors of the Sanitation Authority at a meeting held June 17, 1975, considered the request transmitted to you by the above referenced memo. After due deliberation, the Board sees no reason why the previous decision made by the Board of Supervisors on January 24, 1973 should be changed and therefore recommends that the decision be upheld. The Authority has plans already prepared to serve these lots by gravity system into our Abrams Creek Plant. Sincerely, W . H. Jones Engineer -Director W HJ/rp Jaau,a4y 24, 1913 P,T. Roger Alderman Executive Secretary of 1're6erick GLuuty ;nchester,, Virginia 2 2 U' 01 Lar .fir. A,'I(Jeroian- ilursuant to the meeting of E. L. Peters and wife and myself as their attorney with you and Mr. Dick Madagan and Robert Fussell of the Board of Supervisors, I discussed the matter further with Mr. and I-)rs. Peters at my office and had certain grades run on the property to determine if the Northern end of Massie Drive could be served by Mr. Peters' water and sewer lines. We found they can be served and, therefore the request of the County to permit the County Sanitation Authority to serve the following lots, to -wit: Block A,, Lots 1,2,3,4.5 and 6; Block C. Lots 1.2.3 and 4; Block D, Lots 9,10,11 and Block B, Lots 8, 9, 10, 11 and 12 meets with the approval of Mr. Peters provided no pumping station is located in his sub- division. In disaussing this matter with Mr. Don Krueger the County Engineer, I have learned that the Sanitation Authority plans to sewer these lots with a gravity system which meets Mr. Peters' approval. Lot 13 in Block B is the'lot upon which Mv. Peters' home is located, and he has extended laterals for water and sewer from the present system in the subdivision on Williamson Road and so this lot would be excepted from the Santtation Authority service. Mr. Rober Alderman January 24, 1973 Page 2 It is understood that Mr. Peters will construct wateraand sewer systems for the remaining portion of his subdivision and tie-in with the City of Winchester system in the easements which he has already granted to the City and pursuant to his contract with the City. As to the connection charge, Mr. Peters will contact you later as to whether he will pay for the connection charge prior to construction. Mr. Peters` building permit for two apartment houses on the East side of Williamson Road and just North of the commercial lot on the corner of Williamson Road and Senseny Road, as I understand, will be granted as originally submitted by him to be constructed in the section zoned for ,apartments. I take this opportunity to thank you for your cooperation in this matter and hope that this latterrconstitutes the understanding between you, the Board of Supervisors and Mr. Peters. Very truly yours, Joseph A. Massie, Jr. JAM: jj DECREE of 25 FEB 76 by J, Robert K. Woltz E. L. PETERS & RUTH E. PETERS v. FREDERICK COUNTY BOARD OF SUPERVISORS in Chancery No. 5288 Book 54, pp 387-389, Circuit Court of Frederick County, Virginia "On the 25th day of February, 1976, came the parties to this cause by their counsel, and the counsel for the Defendant informed the Court that after a thorough examination of the facts and the law of the case, the Defendant is of the opinion that the refusal of the Board of Supervisors of Frederick County, Virginia, to grant the application of the Complainants for rezoning on August 13, 1975, was unreasonable, arbitrary and capricious for the reasons that (1) it ignored the recommendation of the Frederick County Planning Commission to the Frederick County Board of Supervisors dated July 3, 1975, that the..Complainants' request be granted; (2) violated the statements of intent set forth in Articles IV and VI of the Frederick County Zoning Ordinance of November 1, 1973;. (3) disregarded the pattern of development under which Complainants had developed their land since 1961; (4) disregarded the pattern of development of the surrounding residential and business areas including the developments of churches, schools, fire companies and central water and sewer services serving the requested zoning area; and (5) failed to show a rational basis for singling out Complainants' property for R-1 zoning since said property is in no way distinguishable from surrounding subdivisions, all of which are zoned R-2 or R-3. Accordingly, it is therefore ADJUDGED, ORDERED and DECREED that the zoning of the Complainants' land to R-1 or Residential District One by the County -wide Zoning Ordinance .adopted by the Frederick County Board of Supervisors which became effective November 1, ,1973, was arbitrary and capricious and hence invalid, and that the refusal of the said Board of Supervisors to rezone the Complainants' land to R-3 or Residential District Three in accordance with the Zoning Ordinance ,,,,o;�f��,November 1, 1973, as amended, was arbitrary and capricious and hence invalid, and that proper zoning for this property is R-3, Single Family District; and, It is further ADJUDGED, ORDERED AND DECREED that this matter be, and the same is hereby referred back to the Board of Supervisors of Frederick County, Virginia, for a period of ninety (90) days for the purpose of the said Defendant reconsidering their action of August 13, 1975, and granting the rezoning request of the Complainants'; and, It is further ADJUDGED, ORDERED and DECREED that the Board of Supervisors of Frederick County, Virginia, shall be, and the same are hereby enjoined during said period of ninety days from the date of this decree from taking any action which would disallow the use of the Complainants' property under the R-3 zoning provisions of the Zoning Ordinance of Frederick County, Virginia, adopted November 1, 1973, and as amended; and, It is further ADJUDGED, ORDERED and DECREED that should the Board of Supervisors of Frederick County fail to take the appropriate action within the said ninety -day period to rezone the said property from R-1 to R-3 as requested by the Complainants, the adjudication of invalidity of the R-1 zoning as it presently exists will become operative and the in- junction will become permanent provided that the Complainants shall not put their property to any uses other than those shown by the record to be reasonable, to wit: single family dwellings, and this cause is continued upon the docket. ENTERED this 3rd day of March, 1976. /s/ Judge Robert K. Woltz SEEN: /s/ Joseph A. Massie, Jr., Counsel for Complainant /s/ Clinton R. Ritter, Counsel for Defendant COPY ATTEST. /s/ Rebecca P. Owings, Deputy Clerk for George B. Whitacre, Clerk" (Massie and Snarr, Attorneys at Law, Winchester, Virginia) Above typed verbatum 03/23/76 by fmd for the Department of Planning & Development, County of Frederick, Virginia. y 4 REZONING APPLICATION E. L. PETERS R- 1. TO R- 3 LOCATION: This tract is the rear portion.of Senseny Heights Sub- division, off Senseny Road and served by Massie Drive. PROPOSED USE: Single-family dwellings. UTILITIES. ` City of Winchester and Frederick County Sanitation Authority. YARD REQUIREMENTS: Yard requirements may be met if March 11, 1975 plat is redone. LAND USE PLAN: Medium density residential, 1 to 4 units per acre. PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends approval. STAFF COMMENTS: Senseny Heights has already begun using the smallest lots possible, and this rezoning would permit the developer to finish the development in much the same style as existing sections. RESOLUTION BY THE FREDERICR COUNTY BOARD OF SUPERVISORS At a regular meeting of the Board of Supervisors of Frederick County, Virginia, held this 24th day of August, 1983, it was duly moved and seconded that the following resolution was adopted. BE IT RESOLVED, That the Virginia Department of Highways and Transportation is hereby requested to add a section of Massie Drive from the end of State maintenance to its intersection with Williamson Road, a distance of approximately .14 miles, to the Secondary System of Frederick County pursuant to Section 33.1-229 of the Code of Virginia, 1950, as amended. AND FURTHER BE IT RESOLVED, That the Board does guarantee the Commonwealth of Virginia an unrestricted right-of-way of 60 feet with necessary easements for cuts, fills, and drainage; recorded in Deed Book 484, Page 529, dated 9, December, 1977, and that the Board does hereby agree to maintain said road until accepted into the Secondary System. Motion carried S.�-�.5� ,�=�, ��� � k- cy t�bE {I k L GC- cl �.�t•i;Sc°.--�-1 Kati b �� `)- 1 �r��,.- - �-�c`,� ,�- J (0 5 , r Z- ��1� o r it)Jitc1,a alal�-79L j� on, 67 lb00;, { IlJ1 DLO �-� ITS tl'� . N��t. h� S;C i� r� i� �(�i��► R-T, 0, (1. �'— t, c 0A n- r IL a i i r i _ ►Yi•iiYY�iYYif i•i',••Y••Yii••Yi••Y•••Y_�_��'iniiii�f•iin•iYi••i•1YYYYYYi•'i••iYiY••1YY•SY�Y•••YYYY•�••i•••i Yi••�Yi Y�Y'•R�Y Sst7;f 8 0D L., F. NlAssiE �nivF �_ l3"/, 1 2 0 1 --- S , n lU �A Z.� 16�2d,p 7!7y.L s spi",f � �� 7 ion 0--3/-77 Lot 3 C Beatty Regrade ditch, swale in entrance or regrade 4 C Bordwine with 15" CMP 5 C Baker Regrade ditch, pull CMP (if not defective, 6 C Mills can be reset), or replace with 15" CMP 7 C Walker 8 C Nichols See 5C - 7C or possible drainage easement which would eliminate need for CMP 9 C Clark 10 C Henry Regrade ditch, pull CMP (if not defective, 11 C Turney 3 can be reset), or replace with 15" CMP 12 C Atkins 5 D Baker Regrade ditch 6 D Welzel Regrade ditch 7 D Minutes Regrade ditch, pull CMP (if not defective, can be reset), or replace with 15" CMP 8 D Lee Regrade ditch and shoulder, reset CMP at ditch center line 9 D Braithwaite Regrade ditch Lot 3 C Beatty Regrade ditch, swale in entrance or regrade 4 C Bordwine with 15" CMP 5 C Baker Regrade ditch, pull CMP (if not defective, 6 C Mills can be reset), or replace with 15" CMP 7 C Walker 8 C Nichols See 5C - 7C or possible drainage easement which would eliminate need for CMP 9 C Clark 10 C Henry Regrade ditch, pull CMP (if not defective, 11 C Turney 3 can be reset), or replace with 15" CMP 12 C Atkins 5 D Baber Regrade ditch 6 D Welzel Regrade ditch 7 D Minutes Regrade ditch, pull CMP (if not defective, can be reset), or replace with 15" CMP 8 D Lee Regrade ditch and shoulder, reset CMP at ditch center line 9 D Braithwaite Regrade ditch Lot 3 C Beatty 4 C Bordwine 5 C Baker 6 C Mills 7 C Walker 8 C Nichols 9 C Clark 10 C Henry 11 C Turney 12 C Atkins 5 D Baber 6 D Welzel 7 D Minutes 8 D Lee 9 D Braithwaite Regrade ditch, swale in entrance or regrade with 15" CMP Regrade ditch, pull CMP (if not defective, can be reset), or replace with 15" CMP See 5C - 7C or possible drainage easement which would eliminate need for CMP Regrade ditch, pull CMP (if not defective, can be reset), or replace with 15" CMP Regrade ditch Regrade ditch Regrade ditch, pull CMP (if not defective, can be reset), or replace with 15" CMP Regrade ditch and shoulder, reset CMP at ditch center line Regrade ditch 11 � __ ...__ _ _ ,• ; u ,4<LQr S.U.B.D.I.V.l.S.I.O.N P.L.A.T. S.U.,..M.A.R.Y C, ------------------------------------------------ /y17* ISHAWNEE MAGISTERIAL DISTRICT Review Fee Paid $ 6V 3T ) / � 7 Health Approved Impact Fee Paid $ * -64 /55 y i 5 9 3 Highway Approved �eed of Dedication Received sanitation Approved Signatures on the Plat, C�"Zoning Approved Including Owner/Developer/Subdivider Street Names Ckd. 1. Subdivision Name Senseny Heights Subdivision - Block C (10 lots) & Block D (4 lots) 2. Date Submitted to Administrator June 28, 1976 - final plat of June 25, 1976 3. Owner/Developer/Subdivider E. L. & Ruth E. Peters (owners) 4. Contact Person & Phone Joseph A. Massie, Jr., Esquire 667-1096 Contact Address P. 0. Box 593, Winchester, VA 22601 5. Zoning Classification of Area R-3 6. Location Senseny Rd (served by Massie Drive) 7. Adjoining Property Uses 8. Total Acreage 9. Number of Lots 10. Average Lot Size 11. Street Design 12. Water and/or Sewer Availability & Source central water & sewer 13. Adequacy of Easements 14. Storm Drainage & Flood Plain 15. Recreation Areas PAGE One of Two I SUBDIVISION PLAT SUMMARY ConLinued . . . . 16. Covenants and/or Deed of Dedication 17. Amount of Bond $VSd ./`- /�,cys�, j7�--•• /�, DO d• 18. Review Team Comments /� fiy �� • �, F (a) lGT3o 0 Boa � "&,, " 1, (b) 7 f I * --S " —I_ - c ref e Summar 19. Planning Commission 20 PAGE Two of Two _. ,� T _ _.� 3 ,�.c,_..,,.a.. .� � .,.,. enseny Hgts Subdv (EL & RuthE Peters) \ Blk C(L 3-12) Blk D(L6-9) SHAWNEE f SUBDV , ed 2s f1UG 6 i